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MEMBERSHIP AGREEMENT
1. PARTIES
· 1.1. This membership agreement ('Membership Agreement') has been concluded between Ali KAVURGACI (Motoriostore) and the Member ('Member') located at Altay Çeşme Mahallesi Sanat Sokak No:2 D:5 Maltepe/İSTANBUL in order to determine the conditions for the Member to benefit from the Services offered by MOTORIOSTORE on the Website.
· 1.2. MOTORIOSTORE and the Member shall be referred to individually as the 'Party' and jointly as the 'Parties' in this Membership Agreement.
2Nd RECOGNITION
· Cookie PolicyIt contains information about cookies used to ensure the functional functionality of the Website, to improve the shopping experience of the Members and to provide content suitable for the preferences and tastes of the Members in line with the information about their visit to the Website, and on the Website (https://motoriostore.com/gizlilik-politikasi) refers to the text that can be accessed.
· Clarification Text Regarding the Processing of Customer Personal DataIt regulates issues such as the purposes for which and how the personal data transmitted by the Members through the Website will be used by MOTORIOSTORE, and regulates the issues such as the Website (https://motoriostore.com/gizlilik-politikasi) refers to the text that can be accessed.
· Profile refers to the Member-specific page 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 basis of the application, and can only be accessed with the username and password determined by the relevant Member.
· Service refers to the services and applications offered by MOTORIOSTORE or the business partner determined by MOTORIOSTORE in order to enable Members and Visitors to perform the business and transactions defined in this Membership Agreement.
· Virtual Store refers to the virtual space allocated by MOTORIOSTORE to the Sellers on the Website in accordance with the procedures and rules of MOTORIOSTORE, 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.
· Seller refers to the legal/natural person member who is a member of the Website within the scope of the Seller Business Partnership and Advertisement Agreement with MOTORIOSTORE and offers various products and/or services for sale through the advertisements published through the account created on the Website.
· Member refers to the real person who is a member of the Website within the scope of this Membership Agreement with MOTORIOSTORE and who purchases the products and/or services offered for sale by the Seller through the advertisements placed on the Website.
· Website refers to the website, mobile applications and mobile site with https://motoriostore.com domain name, which is owned by MOTORIOSTORE and on which MOTORIOSTORE offers the Services determined by this Agreement.
· Visitor refers to the real person who uses the Website without being a Member and benefits from the Services.
3. SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT
· 3.1. MOTORIOSTORE operates the Website and is an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce.
· 3.2. In accordance with the Membership Agreement, the Member wishes to become a member of the Website, to benefit from the Services and to purchase products and/or services sold by the Sellers in the Virtual Stores 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 it has accepted all kinds of statements regarding the Services, use, content, applications and Members on the Website and to be included.
· 3.4. For the avoidance of doubt, this Membership Agreement is only between the Parties and covers the forms and conditions for the Services that are or will be included on the Website. The relationship between the Members and the Sellers is not covered by this Membership Agreement and MOTORIOSTORE is not responsible in any way for the relationship between the Members and the Sellers. Members will be able to seek their rights against the Sellers within the framework of other legislation, especially the Law No. 6502 on the Protection of the Consumer, regarding the transactions they will carry out from the Virtual Store.
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 in with correct 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 out the Membership Agreement, is personally responsible for all damages that may arise due to this.
· 4.2. 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 to MOTORIOSTORE in this regard, MOTORIOSTORE has the right to take action accordingly, accepting that the last person who paid MOTORIOSTORE for any Service using the relevant Membership account is the owner of the Membership account.
· 4.3. Since MOTORIOSTORE is not a seller of any product or service on the Website and is only an 'intermediary service provider' in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and a 'hosting provider' in accordance with the Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Broadcasts; It has no responsibility for the content on the Website that has not been published by it and has no obligation to check whether the content in question complies with the law. Although MOTORIOSTORE has no such obligation and at its sole discretion, it has the right to check the content in question at any time and to close access and delete it if it deems necessary. Persons who violate the rights of MOTORIOSTORE or third parties with any visual, written and other content published on the Website are liable to MOTORIOSTORE and/or such third parties.
· 4.4. The Member declares that the Seller is the seller and he/she is the buyer party in the distance sales contracts to be concluded for the purchases to be made from any Seller on the Website; MOTORIOSTORE is not a party to the said distance sales contract relationship; therefore, it accepts and declares that only the Seller is personally responsible for itself in every sense within the scope of the current consumer law legislation and other legislation. In this context, the Member accepts and declares that the Seller is solely responsible for the quality of all products exhibited and sold in the Virtual Store, compliance with the legislation, issuance of warranty certificates, invoicing and delivery of other necessary documents, after-sales services, etc., and timely delivery of the products.
· 4.5. The Member accepts and declares that he/she will act in accordance with the provisions of this Membership Agreement, all conditions specified on the Website, applicable legislation and moral rules in the transactions and correspondence he/she carries out on the Website. The legal and criminal responsibility for the transactions and actions taken by the Member within the Website belongs to him/her.
· 4.6. Upon the request of the competent authorities in accordance with the applicable legislation, MOTORIOSTORE may share the information of the Member with the said authorities, if necessary in accordance with the Law on the Protection of Personal Data No. 6698, by informing the Member in advance and subject to the data transfer rules in any case.
· 4.7. Personal data received from the Members during membership to the Website and/or during shopping, forgery, fraud, abuse of the Website, in disputes that may constitute a crime within the meaning of the Turkish Commercial Code No. 6100, in order for the parties to exercise their legal rights, limited only to the requested subject, if necessary in accordance with the Law on the Protection of Personal Data No. 6698, the relevant person will be able to convey it to other Members and/or Vendors who may be parties to the dispute, subject to the data transfer rules in any case, by being informed in advance.
· 4.8. The username and password information required by the Member to access the My Account Page and to perform transactions on the Website are created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The Member accepts, declares and undertakes that the transactions carried out with his/her username and password have been carried out by him/her, that his/her responsibility arising from these transactions belongs to him in advance, that he/she cannot put forward any def and/or objection that he/she has not carried out the works and transactions carried out in this way and/or that he/she will not refrain from fulfilling his/her obligations based on this def or objection.
· 4.9. The Member shall not use the Website in an unlawful and immoral manner, especially in the following cases:
· 4.9.1. Use the Website to create a database, record or directory on behalf of any person;
· 4.9.2. Use the whole or part of the Website for the purpose of distorting, modifying or reverse engineering;
· 4.9.3. Making transactions using false information or another person's information, creating unreal Membership accounts by using false or misleading personal data, including false or misleading residential address, e-mail address, contact, payment or account information, and using these accounts in violation of the Membership Agreement or applicable legislation, unauthorized use of another Member's account, impersonating someone else or falsely being a party or participant in transactions under a name;
· 4.9.4. Interpretation and scoring systems; Use it for purposes other than the Website, such as posting comments on the Website outside the Website, or for purposes other than those for which they are intended to be used in a way that manipulates systems;
· 4.9.5. Spreading viruses or any other technology that is harmful to the Website, the Website's database, any content on the Website;
· 4.9.6. Collecting any information, including e-mail addresses, about Members or Vendors without the consent of the relevant persons or engaging in other practices that may 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 loads on the communications and technical systems determined by the Website or that will harm the technical operation, using 'screen scraping' software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling on the Website without the prior written consent of MOTORIOSTORE, and in this way, on the Website copying, publishing or using all or part of any content contained in it without permission;
· 4.9.8. Using the Services, campaigns and advantages offered on the Website in bad faith and for the purpose of providing unfair benefits, violating the terms of the campaign in bad faith, making large volume purchases that will abuse the Website.
· 4.10. The Member is obliged to carry out the transactions on the Website in a way that does not technically harm the Website in any way. The Member accepts and undertakes that he/she has taken all necessary precautions, including using the necessary protective software and licensed products, to ensure that all information, content, materials and other content to be provided to the Website do not contain any programs, viruses, software, unlicensed products, trojan horses, etc., that may harm the system. The Member also agrees that he/she will not enter the Account Page by robot or automatic login methods.
5. TERMINATION OF THE AGREEMENT
· 5.1. Any of the Parties may terminate this Membership Agreement unilaterally and without compensation at any time. In the event of such termination, the Parties shall mutually fully fulfill the rights and obligations incurred up to the date of termination.
· 5.2. MOTORIOSTORE has the right to suspend, terminate, sue and pursue the membership if it determines or has a reasonable suspicion that the Member has violated any article of this Membership Agreement.
6. PRIVACY AND PROTECTION OF PERSONAL DATA
· 6.1. MOTORIOSTORE attaches importance to the processing, security and protection of the personal data provided by the Member through the Website 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 Website. In this context, MOTORIOSTORE collects, uses, transfers and otherwise processes the personal data provided by the Member in accordance with the Clarification Text on the Processing of Customer Personal Data on the Website and the Cookie Policy. The Member understands that he/she can always review the Clarification Text on the Processing of Customer Personal Data on the Website in order to learn more about the conditions regarding the use of his/her personal data and his/her rights in this regard, and that he/she can use it by sending an e-mail to the verilerim@motoriostore.com address as specified here or by other methods specified in the Application Form on the Website.
· 6.2. Personal data shared by the Member for the purpose of creating a Membership on the Website or benefiting from the Website; MOTORIOSTORE or its business partners for the purpose of fulfilling the obligations determined by the Membership Agreement, carrying out the applications required for the operation of the Website, providing and offering various advantages to the Member, performing payment transactions, delivering orders, performing customer service and complaint follow-up, and carrying out all kinds of electronic communication, profiling, statistical studies for the Member's specific advertising, sales, marketing, surveys, all kinds of electronic communication for similar purposes, profiling, statistical studies It is collected, stored and processed in accordance with the Clarification Text on the Processing of Customer Personal Data and the Cookie Policy. In addition, this personal data will be shared with the affiliates of MOTORIOSTORE for the purpose of communicating with the Member, provided that the obligations arising from the Personal Data Protection Law No. 6698 and other relevant legislation are fulfilled in order to offer special advantages to the Member, to carry out sales, marketing and similar activities.
7. INTELLECTUAL PROPERTY RIGHTS
Motoriostore.com brand and logo, design, software, domain name of the Motoriostore.com mobile application and the Website, and all kinds of trademarks, designs, logos, trade dresses, slogans and all other content created by MOTORİOSTORE in relation to them are the property of MOTORİOSTORE with all kinds of intellectual property rights. The Member may not use, share, distribute, exhibit, reproduce or make derivative works from MOTORIOSTORE or the intellectual property rights subject to its ownership without the permission of MOTORIOSTORE. The Member may not use the whole or part of the Motoriostore.com mobile application or the Website in any other environment without the permission of MOTORIOSTORE. In the event that the Member acts in a way that violates the intellectual property rights of third parties or MOTORIOSTORE, the Member is obliged to compensate all direct and indirect damages and expenses of MOTORIOSTORE and/or the third party in question.
8. CONTRACT AMENDMENTS
MOTORIOSTORE, at its sole discretion, may unilaterally amend this Membership Agreement and any policies, terms and conditions, including the Clarification Text and Cookie Policy on the Processing of Customer Personal Data on the Website, at any time it deems appropriate, by announcing it on the Website, provided that it is not contrary to the provisions of the applicable legislation. The amended provisions of this Membership Agreement will become effective on the date they are announced on the Website, and the remaining provisions will remain in effect and continue to have their provisions and consequences. For the avoidance of doubt, this Membership Agreement cannot be unilaterally amended by the Member.
9. FORCE MAJEURE
Employee-employer disputes, including riots, embargoes, state interventions, riots, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, cyber attacks, communication problems, infrastructure and internet failures, improvement or renewal works related to the system and malfunctions that may occur due to this, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or any other natural disaster or any other natural disaster that occurs outside the control of MOTORIOSTORE, If other events that are not caused by its fault and cannot be reasonably foreseen ("Force Majeure") prevent or delay MOTORIOSTORE from performing its obligations arising from this Membership Agreement, MOTORIOSTORE cannot be held responsible for its obligations whose performance is prevented or delayed as a result of Force Majeure, and this cannot be considered as a violation of this Membership Agreement.
10. MISCELLANEOUS
· 10.1. Evidence contract. The Member agrees that in disputes that may arise from this Membership Agreement, the official books and commercial records of MOTORIOSTORE and the e-archive records, electronic information, electronic correspondence and computer records kept in the database and servers of MOTORIOSTORE will constitute binding, final and exclusive evidence and that this article is in the nature of an evidence contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
· 10.2. Governing Law and Dispute Resolution. This Membership Agreement shall be exclusively governed by the laws of the Republic of Turkey. Any dispute arising out of or in connection with this Membership Agreement shall be under the exclusive jurisdiction of the Istanbul Central (Çağlayan) Courts and Enforcement Offices.
· 10.3. Notification MOTORIOSTORE will communicate with the Member via the e-mail address provided by the Member when registering or by calling 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 invalid or unenforceable in whole or in part or unreasonable by any competent court, arbitral tribunal or administrative authority, this Membership Agreement shall be deemed severable to the extent of such invalidity, unenforceability or unreasonableness, and the other provisions shall remain in full force and effect. will continue.
· 10.5. Transfer of the Membership Agreement. The Member shall not be able to assign his/her rights or obligations under this Membership Agreement, in whole or in part, without the prior written consent of MOTORIOSTORE.
· 10.6. Amendment and Waiver. The failure of one of the Parties to exercise or enforce any right granted to it in the Membership Agreement shall not mean that it has waived such right or prevent the subsequent exercise or enforcement of such right.
This Membership Agreement, which consists of 10 (ten) articles, has entered into force by reading and fully understanding each provision of the Membership Agreement and approving it electronically.