MEMBERSHIP AGREEMENT

 

 

1. PARTIES AND SUBJECT

Evpar Menfez Sanayi, the owner of the menfezim.com website, will be referred to as Evpar hereinafter.

Users who become members of this website by accepting the following conditions (hereinafter referred to as “Member”),

Evpar and the Member together in this Membership Agreement (hereinafter referred to as the “Parties”)

This Membership Agreement (hereinafter referred to as the “Agreement”)

This Membership Agreement has been concluded to determine the conditions for the Member to benefit from the Products/Services offered by Evpar.

2. DEFINITIONS

Site: refers to the internet sites located at menfezim.com.

Member: Refers to real and/or legal persons who purchase products and/or services from the Sites.

Privacy Policy and Data Protection Notice: Denotes the text that regulates Evpar’s general privacy policy regarding personal data and can be accessed from the relevant link in the menu on the Site, including for what purposes and how Evpar will use the personal data submitted by the Members through the Site. it does.

My Membership Information, My Account and Profile Pages: The Member-specific page, where the Member can perform the necessary actions in order to benefit from the various Services on the Site, enter his personal information and information requested from him, and which can only be accessed with the username and password determined by the relevant Member. means.

Services: Refers to the practices put forward by Evpar in order to enable the Member to carry out the works and transactions defined in this Membership Agreement.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1 In order to gain membership status, the user who wants to become a Member must approve this Membership Agreement on the Site, fill in the information requested here with correct and up-to-date information, and the Membership application must be evaluated and approved by Evpar. Membership relationship is established when the Member clicks on the box regarding acceptance of this Agreement and notifies Evpar with his/her unique password. The user who wants to become a member must be over 18 (eighteen) years old. With the completion of the approval process and notification to the Member, the Membership status begins and thus the Member attains the rights and obligations specified in this Membership Agreement and the relevant parts of the Site. The Member, who does not provide accurate and up-to-date information while filling out the said Membership Agreement, is personally responsible for all damages that may arise due to this.

3.2. In the event that there is a dispute as to which person the membership rights and obligations belong to, and the said persons make a request from Evpar in this regard, accepting that the last person to pay Evpar for any Service using the relevant Membership account is the owner of the Membership account, and taking action accordingly. will do.

3.3. The user name and password information and the membership profile required by the Member in order to access the My Account Page and perform transactions on the Site are created by the Member and cannot be transferred to another user or allowed to be used by third parties. The security and confidentiality of the said information is the sole responsibility of the Member. The member can make any objections and/or objections that the transactions made with the accounts that allow the use of his/her personal profile, user name and password belonging to him/her are carried out by him/her, that he/she is responsible for these transactions in advance, and that he/she did not carry out the works and transactions carried out in this way. He/she accepts, declares and undertakes that he/she will not be able to claim and/or avoid fulfilling his obligations based on this defense or objection. The Member shall be solely responsible for the damages incurred by the Member and/or third parties due to the use, loss or change of hands by a person other than the Member, of this information, which is made with the account, user name and password belonging to the Member.

3.4. The Member declares that he/she accepts that he/she will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Site, applicable legislation and ethical rules in his transactions and correspondence on the Site. The legal and criminal responsibility for the transactions and actions of the Member within the Site belongs to him.

3.5. Evpar will be able to share the information of the Member with the said authorities upon the request of the competent authorities pursuant to the current legislation.

3.6. Evpar, in its sole discretion and without any reason, may reject Member applications or make the acceptance of the Member application subject to additional terms and conditions.

3.7. The Member shall not use the Site in an unlawful and unethical manner, especially in the cases listed below.

It will not be used to create, control, update or change the database, record or directory on behalf of any person.

Disrupting, changing or distorting the whole or part of the SiteIt will not be used for reverse engineering purposes.

Making transactions using false information or another person’s information, creating unreal Membership accounts by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, and the creation of these accounts in accordance with the Membership Agreement or in force. It will not be used in violation of the legislation, unauthorized use of another Member’s account, to be a party or participant in transactions by replacing someone else or under a wrong name.

It will not be used for the purpose of spreading viruses or any other harmful technology to the Site, the Site’s database, any content on the Site and Mobile Applications.

Engaging in activities that will create unreasonable or disproportionately large downloads on the communications and technical systems determined by the Site or damage the technical operation, automatic program, robot, web crawler, spider, data mining (data mining) on ​​the Site without the prior written consent of Evpar. ) and data crawling, such as “screen scraping” software or systems, and in this way, all or part of any content on the Site and Mobile Applications will not be used for unauthorized copying, publishing or use.

It will not use it in a way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringes on the intellectual and copyright rights of others.

In addition, the member will not engage in activities (spam, viruses, trojan horses, etc.) and transactions that prevent or make it difficult for others to use the services.

3.8. Member’s Sites 3.7. Evpar has the right to prevent the Member from using all and/or a part of the Site partially and/or completely, in case of using it contrary to any article in this Agreement, especially the article.

3.9. The Member is obliged to carry out the transactions on the Site in a way that will not harm Evpar financially and the Site technically in any way. Member, all kinds of programs, viruses, software, unlicensed products, trojan horses, etc. that may harm the Site. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent The Member also agrees that he will not enter the Account Page with robot or automatic login methods.

3.10. The Member has agreed not to access or use other users’ software and data without permission. Otherwise, the legal and penal responsibilities arising from this will belong to the member completely.

3.11. It is illegal to use the content on the site in violation of the terms of use determined by this Membership Agreement or the provisions of the current legislation; Evpar’s related claims, lawsuits and follow-up rights are reserved.

3.12. Evpar, as a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay of the transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry, modification or use of the records. Evpar is not responsible for the content of links or references of other websites and mobile applications that are not under its control, or any other links they contain.

3.13. The name and Internet Protocol (IP) address of the internet service provider used by the users to access the Site in order to detect and solve the problems that may occur in the system related to the Site, to improve and develop the system on the Site, the date and time of the access to the Site, Some information may be collected, such as the pages accessed during the current time and the internet address of the website that provides a direct connection to the Site.

3.14. Evpar has taken measures to ensure that the Sites are free of viruses and similar software. In addition, in order to ensure ultimate security, the user must supply his own virus protection system and provide the necessary protection. In this context, the user is deemed to have accepted that he is responsible for all errors that may occur in his own software and operating systems and their direct or indirect consequences, by entering the Site.

4. PRIVACY AND PROTECTION OF PERSONAL DATA

4.1. Evpar attaches importance to the processing, security and protection of the personal data provided by the Member through the Site in accordance with all kinds of legislation, including the Law on the Protection of Personal Data No. 6698, in order to benefit from the Services offered on the Site. In this context, Evpar is subject to the Terms of Use and Privacy Policy, the Policy on the Protection and Processing of Personal Data, the Clarification Text on the Protection of Personal Data. what’s appropriateis processed and transferred. These texts in the link https://menfezim.com/k-v-k-k-ve-cerez-politikasi/ It is an integral part of the Membership Agreement.

 

4.2. By making use of the Services and/or creating an account, the Member expressly and freely consents to the processing and transfer of personal data as determined in the Policies and Clarification Text. For more information on the conditions regarding the use of personal data and your rights in this regard, you can review our texts at the link https://menfezim.com/k-v-k-k-ve-cerez-politikasi/.

4.3. It is accepted that the information reported to Evpar by the Member during the membership phase is correct and true. In the event that the information provided during the membership phase changes, the Member is obliged to inform Evpar about the new and updated information.

4.4. Personal data declared by the Member on the Site, provided within the scope of the purchase-sale relationship as a party to this Agreement and consented to be shared; The performance of the obligations determined by this Membership Agreement, the implementation of the applications required for the operation of the Site, the provision and presentation of various advantages for the Member, and Member-specific campaigns, promotions, advertisements, launches, promotions, invitations, openings, opportunities, news, bulletins, sales, It is processed by Evpar or its business partners in accordance with the Personal Data Protection and Processing Policy and the Clarification Text for the purpose of marketing, survey, all kinds of electronic communication for similar purposes, profiling, statistical studies and may be shared with third parties based on our contractual relations.

4.5 Evpar, in accordance with this membership agreement, has the authority to send notification e-mails to the e-mail addresses of its members and information SMS to their mobile phones. will be deemed to have. The Member reserves the right to request that the sending of commercial electronic messages be stopped.

4.6. The member accepts and declares that he consents to the use and storage of his personal data by Evpar in this way. Evpar, the said personal data, Law on Protection of Personal Data No. 6698 art. 12, will take all necessary measures to prevent unauthorized access and unlawful data processing. On the member’s personal data, the Law on the Protection of Personal Data No. 6698 art. It has the right to use its rights pursuant to 11 and to make changes or updates to this data at any time.

5. INTELLECTUAL PROPERTY RIGHTS

https://menfezim.com/ Rights of all kinds of audio, visual, written material and content on internet sites It is reserved and belongs to Evpar unless stated otherwise. Unauthorized use of the Member will constitute illegal use and legal action may be initiated by Evpar against those concerned. The general appearance and design of the Site and all information, pictures, trademarks, domain names of the Site, logos, icons, demonstrative, written, electronic, graphic or machine-readable technical data, computer software, applied sales system, business method and The owner or licensee of all materials, including the business model, and the intellectual and industrial property rights related thereto, is Evpar and is under legal protection. any Material on the Website; It cannot be changed, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, presented or distributed, including code and software, without prior permission and without reference. The whole or part of the Site cannot be used on another website or mobile application without permission. On the contrary, actions require legal and criminal responsibility.

6. CONTRACT CHANGES

Evpar, at its sole discretion, may, at any time it deems appropriate, this Membership Agreement and any policies, terms and conditions, including the Personal Data Protection and Processing Policy, Terms of Use and Confidentiality, in violation of the provisions of the applicable legislation. may change it unilaterally by declaring it on the Site. The amended provisions of this Membership Agreement will become valid on the date they are announced on the Site, and the remaining provisions will remain in effect and continue to have their provisions and consequences.

7. FORCE MAJEURE

The occurrence of the following, but not limited to, situations that develop beyond the control of the Parties and prevent and / or delay the fulfillment of the obligations of the Parties in this Agreement will be considered as a force majeure situation.

Natural event, natural disasters (fire, flood, epidemic, dearthquake, flood, eruption, storm, migration, or other natural disaster)

War (whether declared or not), civil war, acts of terrorism, insurrection, revolution, revolution, forcible seizure of state administration, uprising, embargo, state intervention, rebellion, occupation, mobilization,

Employer-employer disputes, including industrial disputes, strikes, lockouts, blockades, slowdowns, labor actions or boycotts,

Restrictions or acts, refusals or interventions made by official authorities,

Technological reasons, cyber attacks, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur due to this, power outage,

All kinds of administrative and/or judicial decisions or similar actions that will prevent access to the Site, or other events that are beyond Evpar’s control, are not caused by fault and cannot be reasonably foreseen.

If Force Majeure prevents or delays Evpar’s performance of its obligations arising from this Membership Agreement, Evpar cannot be held responsible for its obligations that are prevented or delayed as a result of Force Majeure, and this cannot be considered as a violation of this Membership Agreement.

8. TERMINATION OF THE AGREEMENT

This agreement will remain in effect until the Member cancels his membership or his membership is canceled by Evpar. Evpar may terminate the contract unilaterally by canceling the membership of the member in case the member violates any provision of the membership agreement.

9. NOTICE

Evpar will communicate with the Member via the e-mail address that the Member has stated while registering, or by calling the phone number and sending an SMS. The member is obliged to keep his e-mail address and phone number up to date.

10. OTHER PROVISIONS

The Member states that Evpar’s official books and commercial records and e-archive records, electronic information and computer records kept in the Site database and servers, which may arise from this Membership Agreement, will constitute binding, definitive and exclusive evidence and that this article will be subject to the Code of Civil Procedure No. 6100. It accepts that it is in the nature of an evidential contract within the meaning of Article 193 of the .

 

The Member shall not be able to fully or partially assign his rights or obligations under this Membership Agreement without the prior written consent of Evpar.

This Membership Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Membership Agreement is determined by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, this Membership Agreement shall be deemed severable to the extent that such invalidity, unenforceability or unreasonability other provisions will remain in full force and effect.

Failure of a Party to exercise or exercise any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the further exercise or enforcement of such right.

This Membership Agreement will be subject to the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of Gebze Consumer Arbitration Committees and Gebze Courts and Enforcement Offices.

11. ENFORCEMENT

This Membership Agreement, which consists of 11 (eleven) articles, has entered into force as of the moment it is approved by the Member, by reading and fully understanding each of its provisions, and by approving it in the electronic environment.