1.1. Çifte Havuzlar Mh. Eski Londra Asfaltı Cd. Kuluçka Merkezi A1 Blok No:151/1C/B35 Esenler-İstanbul/Türkiye with the Endemigo brand (hereinafter referred to as "Endemigo" in the text) belonging to Endemigo Teknoloji A.Ş. (Endemigo Technology Inc)
The internet user who is a member of the www.endemigo.com website has been agreed to determine the conditions for the Member to benefit from the Services offered on the Website of Endemigo among the Member (hereinafter referred to as "Member" in the text).
1.2. Endemigo and the Member will be referred to individually as the "Party" and collectively as the "Parties" in this Membership Agreement.
· My Account Page refers to the special page for the Member that can only be accessed by the user name and password specified by the relevant Member, where the Member can perform the necessary actions in order to benefit from the various applications and services on the Website, enter his personal data and the information requested from him on the application basis. does.
· Service refers to the services and applications offered by Endemigo or the business partner designated by Endemigo in order to ensure that the Members and Visitors perform the business and transactions defined in this Membership Agreement.
· Virtual Store refers to the virtual space that Endemigo has allocated to the Sellers in accordance with the procedures and rules of Endemigo on the Website and where the Sellers have the opportunity to publish their advertisements consisting of content and images for the sale of one or more products and/or services.
· The seller refers to the legal/real person member who is a member of the Website within the scope of the Vendor Business Partnership and Ad Contract with Endemigo and who offers various products and/or services for sale through the advertisements posted on the website.
· Member refers to the real person who is a member of the Website within the scope of this Membership Agreement with Endemigo and who purchases the products and/or services offered for sale by the Seller through the advertisements on the Website.
· Website Ownership refers to the website, mobile applications and mobile site with the domain name www.endemigo.com, which Endemigo provides on the Services specified by this Agreement.
· Refers to the real person who uses the Visitor Website without being a member and benefits from the Services.
3. SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT
3.1.Endemigo operates the Website and is an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce.
3.2. Pursuant to the Membership Agreement, the Member wishes to become a member of the Website, to benefit from the Services and to purchase the products and / or services sold in Virtual Showcases by the Sellers on this platform.
3.3. The purpose of the Membership Agreement is to determine the conditions for benefiting from the Services and to determine the rights and obligations of the Parties in this direction. With the acceptance of the Membership Agreement by the Member, the Member declares and undertakes that he/she has accepted all kinds of statements regarding the Services, usage, content, applications and Members on the Website.
3.4. For the avoidance of doubt, this Membership Agreement is only between the Parties and covers the terms and conditions for the Services that are and will take place on the Website. Relationship between Members and Sellers is not covered by this Membership Agreement and Endemigo is not responsible in any way for the relationship between Members and Sellers. Members will be able to seek their rights within the framework of other legislation, especially the Law No. 6502 on the Protection of the Consumer, against the Sellers regarding the transactions they will perform through the Virtual Showcase.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. In order to gain membership status, the Membership Agreement must be approved and the information requested on the membership page must be filled with accurate and up-to-date information. The user who wants to become a member must be over the age of 18 (eighteen). The Member who does not provide accurate and up-to-date information while filling the Membership Agreement is personally responsible for all damages that may arise for this reason.
4.2. In the event that there is a dispute about the person belonging to the membership rights and obligations and the persons in question request Endemigo in this regard, Endemigo accepts that the last person who made a payment to Endemigo for any Service using the relevant Membership account is the owner of the Membership account, accordingly. has the right to make a transaction.
4.3. Endemigo is not the seller of any product or service on the Website and only "intermediary service provider" in accordance with the Law No.6653 on the Regulation of Electronic Commerce and in accordance with the Law No.5651 on Regulating Broadcasts Made on the Internet and Combating Crimes Committed Through These Publications. Since it is a "hosting provider"; He has no responsibility for the content on the website that has not been published by him, and he has no obligation to check whether the content in question is in compliance with the law. Although Endemigo has no such obligation and at its sole discretion, it has the right to check the content in question at any time and, if deemed necessary, to close or delete it. Persons who violate the rights of Endemigo or third parties with any visual, written or other content posted on the website are liable to Endemigo and/or said third parties.
4.4. The Member declares that the Seller is the seller party and he is the buyer party in the distance sales contracts to be concluded in purchases from any Seller through the Website; Endemigo is not a party to the said distance sales contract relationship; therefore, it accepts and declares that the Seller is solely responsible in all respects within the scope of the current consumer law and other legislation. In this context, the Member, the quality of all products exhibited and sold in the Virtual Showcase, the compliance with the legislation, the issuance of warranty certificate, invoicing and other necessary documents and after-sales service etc. accepts and declares that only the Seller is responsible for the services and delivery of the products on time.
4.5. The Member agrees and declares that he/she will act in accordance with the provisions of this Membership Agreement, all the conditions specified on the Website, the applicable legislation and ethical rules in the transactions and correspondence performed on the Website. The legal and criminal responsibility for the actions and actions taken by the Member within the Website belongs to him/her.
4.6. Endemigo may share the information of the Member with the relevant authorities, upon the request of the competent authorities in accordance with the applicable legislation, by notifying the Member in advance and subject to the data transfer rules, if necessary, in accordance with the Personal Data Protection Law No. 6698.
4.7. Personal data received from Members during membership to the Website and/or during shopping, fraud, fraud, misuse of the Website, disputes between Members and/or Sellers that may constitute a crime within the meaning of the Turkish Commercial Code numbered 6100, only with the requested subject. In order for the parties to exercise their legal rights, the relevant person may be informed in advance and in any case subject to data transfer rules, to other Members and / or Sellers who may be a party to the dispute, if necessary, in accordance with the Law on Protection of Personal Data No.6698.
4.8. The user name and password information required by the Member in order to access the My Account Page and perform transactions on the Website is created by the Member, and the security and confidentiality of such information is entirely under the responsibility of the Member. The member states that the transactions carried out with his username and password have been carried out by him, that the responsibility arising from these transactions belongs to him in advance, that he cannot make any objection and/or that he does not carry out the work and transactions carried out in this way and/or this def. It accepts, declares and undertakes that it will not refrain from fulfilling its obligations based on the objection.
4.9. The Member will not use the Website in a way that is against the law and morality, especially in the following cases:
4.9.1. Using the Website for the purpose of creating a database, record or directory on behalf of any person;
4.9.2. Using the whole or part of the Website for the purpose of breaking, modifying or reverse engineering;
4.9.3. Making transactions using false information or the information of another person, creating unreal Membership accounts by using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information, and the membership of these accounts in the Membership Agreement or in force. use in violation of the legislation, unauthorized use of another Member's account, being a party or participant in transactions by substituting someone else's name or under a false name;
4.9.4. Comment and scoring systems; Using the comments on the Website for purposes outside of the Website, such as publishing outside the Website, or for purposes other than those used to manipulate the systems;
4.9.5. Spreading of a virus or any other harmful technology to the Website, to the database of the Website, to any content on the Website;
4.9.6. Collecting any information about the Members or Sellers, including their e-mail addresses, without the consent of the relevant persons or performing other practices that would constitute a violation in accordance with the Law No. 6698 on the Protection of Personal Data;
4.9.7. Engaging in activities that will create unreasonable or disproportionately large uploads on the communications and technical systems determined by the Website or that will damage the technical operation, automatic programs, robots, web crawlers, spiders, data mining (data mining) on the Website without the prior written consent of Endemigo. ) and screen scraping software or systems such as data crawling and copying, publishing or using all or part of any content on the Website without permission;
4.9.8. Using the Services for malicious and unfair advantage of the campaigns and advantages offered on the Website, violating the terms of the campaign maliciously.
4.10. The Member is obliged to carry out the transactions made on the Website in a way that will not technically damage the Website. The Member shall notify all the information, content, materials and other content to be provided to the Website by any program, virus, software, unlicensed product, trojan horse that may harm the system. It accepts and undertakes that it takes all necessary measures, including using the necessary protective software and licensed products, to prevent it from being included. The member also agrees that he / she will not enter the Account Page using robot or automatic login methods.
5. TERMINATION OF THE CONTRACT
5.1. Any of the parties can always terminate this Membership Agreement unilaterally and without any compensation. In the event of such termination, the Parties shall fully mutually fulfill their rights and obligations arising until the termination date.
5.2. Endemigo has the right to suspend, terminate, sue and pursue membership if it detects that the Member has violated any article of this Membership Agreement or has a reasonable suspicion.
6. PRIVACY AND PERSONAL DATA PROTECTION
7. INTELLECTUAL PROPERTY RIGHTS
endemigo.com brand and logo, endemigo.com mobile application and Website design, software, domain name and all kinds of intellectual property of any brand, design, logo, trade dress, slogan and all other content created by Endemigo is the property of Endemigo. The Member cannot use, share, distribute, exhibit, reproduce or make works derived from the intellectual property rights owned by Endemigo or its affiliated companies without the consent of Endemigo. The member cannot use the endemigo.com mobile application or the website in whole or in part in any other environment without the permission of Endemigo. In the event that the Member acts in a way that violates the intellectual property rights of third parties or Endemigo, the Member is obliged to indemnify all direct and indirect damages and expenses of Endemigo and / or the said third party.
8. AMENDMENTS TO THE AGREEMENT
9. FORCE MAJEURE
Employer-employer disputes, including uprising, embargo, government intervention, rebellion, occupation, war, mobilization, strikes, lockouts, business actions or boycotts, cyberattacks, communication problems, infrastructure and internet failures, system-related improvement or renovation efforts, and this Failures, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or any other natural disaster or other events beyond the control of Endemigo, not caused by its fault and not reasonably predictable ("Force Majeure") Endemigo ' If it prevents or delays the performance of its obligations arising from this Membership Agreement, Endemigo cannot be held responsible for its obligations that are blocked or delayed as a result of Force Majeure and this situation cannot be considered as a violation of this Membership Agreement.
10. MISCELLANEOUS PROVISIONS
10.1. Evidence agreement. The Member, in case of disputes arising from this Membership Agreement, endemigo's official books and commercial records and the e-archive records kept in Endemigo's database, servers, electronic information, electronic correspondence and computer records will constitute binding, precise and exclusive evidence and this It accepts that the article is an evidential contract within the meaning of article 193 of the Code of Civil Procedure numbered 6100.
10.2. Applicable Law and Resolution of Disputes. This Membership Agreement will be subject to the laws of the Republic of Turkey exclusively. Any dispute arising from or in connection with this Membership Agreement will be under the exclusive jurisdiction of the Turkey Istanbul Central (Çağlayan) Courts and Execution Directorates.
10.3. Notification Endemigo will communicate with the Member via the e-mail address provided by the Member during registration or by making a call to the phone number and sending an SMS. The member is obliged to keep his e-mail address and telephone number up-to-date.
10.4. Integrity and Severability of the Membership Agreement. This Membership Agreement constitutes the entire agreement between the Parties on the subject. In the event that any provision of this Membership Agreement is determined to be totally or partially invalid or unenforceable or unreasonable by any competent court, arbitral tribunal or administrative authority, this Membership Agreement shall be deemed severable to the extent of such invalidity, inapplicability or unreasonableness; and other provisions will remain in full force and effect.
10.5. Transfer of Membership Agreement. The Member will not be able to assign all or part of the rights or obligations in this Membership Agreement without the prior written consent of Endemigo.
10.6. Amendment and Disclaimer. Failure of one of the parties to exercise or to execute any right granted to it in the Membership Agreement will not mean that it has waived or prevent the subsequent use or execution of that right.
This Membership Agreement, consisting of 10 (ten) articles, entered into force by the Member by reading each provision and being fully understood and approved in electronic environment.