Membership Agreement
Membership Agreement
1. Established according to the laws of Turkey, its head office address is Yenibosna
Merkez Mh. Ladin Sk. Kuyumcukent Site. AgaDigital Elektronik Mağazacılık ve
Ticaret Anonim Şirketi (“Company”), a company located at No: 4 M/Z030 Bahçelievler
/ Istanbul and registered in the Istanbul Trade Registry with the registration number
793832, and the website named agakulche.com (“Website”) operated by the
Company. This membership agreement (“Agreement”) between the user (“User”) who
wants to use the website regulates the terms and conditions regarding the use of the
Website. It is accepted that the User accepts, declares and undertakes to comply with
all the provisions of this Agreement from the moment he starts to benefit from the
Website.
2. In order to become a member of the website, the user's name / surname, date of birth
and t.c. The User who wishes to approve the Agreement must specify an e-mail
address belonging to him/herself as a user name (“User Name”) and set a password
(“Password”) to enter the Website with the User Name.
3. After defining the User Name and Password and reading the User Agreement, "I have
read and accept the Agreement", which is located under the registration form
according to the decision of the User. It is enough to confirm the option and click the
“Register” button to start the registration. The user fills out the registration form and
says “I have read and accept the agreement” at the bottom of the form. When you
confirm the field and click the "Register" button, this Agreement enters into force
between the parties indefinitely. After registration, a verification e-mail will be sent to
the e-mail address defined by the User for the verification of the registration, and the
User must approve the relevant verification e-mail in order to activate the registration.
4. The User (“Member”) registered on the Website will have a Username and Password
and will be able to start using the Website. The e-mail address to be used as the User
Name is specific to the Member and two different people cannot register as a member
with the same e-mail. "Password" is solely the responsibility of the Member to
determine and protect the Password and not to share it with third parties. The
member can change his Username and Password at any time. The Member accepts,
declares and undertakes not to share the usage rights, User Name and Password of
the Website with others in any way and to protect them with care at all times. In case
the password is lost, the password creation information from the "Forgot Password"
section is sent to the e-mail address used as the Member's Username.
5. Membership to the website is free. Services provided on the website are free of
charge, unless otherwise stated. The Company reserves the right to perform some or
all of the services provided within the scope of membership to the Website, partially
or completely, for a fee or free of charge in the future.
6. The Member is liable for any malicious or illegal use of his/her account by other
persons due to his/her own fault, or the reading of his/her data by unauthorized
persons without the Company's negligence (including, but not limited to, the
Member's sharing of Username and Password information with other persons.
reasons) directly, individually and irrevocably. The Member accepts, declares and
undertakes that the Company is not responsible for the damages and losses that may
occur as a result of the use of the User Name and Password or the sharing of the
User Name and Password with third parties, and for the claims that may be made
within this scope. The Company has the right of recourse, in whole or in part, to the Member at any time, for any judicial and/or administrative fines and/or compensation
that it may have to pay for this reason.
7. The User must enter the Username and Password in order to connect to the services
that require membership of the Website. This process is defined as logging in as a
member. Services which members can use will be shown to member after login. The
Member will benefit from different communication services (such as requesting e-
bulletins, being informed about discounts) in the internet environment that can be
provided by the Website.
8. The Member accepts, declares and undertakes that different rules and obligations
specific to the relevant section may be specified by the Company in certain parts of
the Website and that if he/she uses these sections, he/she will be deemed to have
accepted the mentioned rules in advance.
9. If the Member agrees to receive commercial electronic messages through the
Website, e-mail, SMS, telephone call via the address, e-mail address, fixed and
mobile phone lines and other contact information specified in the registration form on
the Website or which can be updated by him later. and other means, the Company
has the right to reach and communicate with the Member for communication,
marketing, notification and other purposes.
10. The Company reserves the right to use all information, comments and criticisms
attached to the Member's account partially or completely and at any time, in relation
to its own commercial marketing activities, provided that the terms of use, privacy
principles and applicable legal regulations are adhered to. It is possible to examine
the measures taken to protect the personal information and data privacy of the
Members and the general company policy on this subject in the "Privacy Policy"
section.
11. Members' information (visit time, time, pages viewed) is followed in order to serve
them better. This information is used for advertising, marketing, promotion, etc., in
order to expand and improve the content of the Website, and to improve the
experience of the Members and the Website, adhering to the confidentiality
conditions. It is shared with the Company's business partners and affiliates and third
parties on matters. The Company may also prepare reports containing demographic
information without disclosing the data to be generated by the use of the Website and
the Member information, or may use such information or reports itself, or may share
these reports and/or statistics with its business partners, affiliates and third parties
with or without charge.
12. Member states that all information including payment information (including but not
limited to credit card, telephone information) uploaded to the Website is up-to-date,
correct and complete, and that in cases where it is necessary to use this information,
the information is incorrect, irregular, misleading, incomplete and/or incorrect. In the
event of malfunctions caused by errors or errors, the liability for damages and losses
incurred by the Member, the Company or third parties and all kinds of claims due to
the inaccurate, irregular, misleading, incomplete and/or erroneous information
provided by him is solely, directly and irrevocably. accepts, declares and undertakes
that it belongs to him, that the Company is not obliged to check the accuracy,
completeness and up-to-dateness of the information in question, and that in such
cases the Member's registration on the Website may be suspended and/or deleted
and/or terminated by the Company.
13. Membership cancellation and account deletion can be done by the Member through
the Website. The authorization of the Member who cancels his/her membership to the
Website will be revoked. In such a case, the Member who cancels his/her
membership accepts, declares and undertakes that this transaction is irreversible.
14. The Company may unilaterally change or partially or completely change the service
on the Website, the terms of use of the Website and the information presented on the
Website, without the need for any prior warning or notification, reorganize the
Website, stop its publication, pause or has the right to close. Changes will be
published on the Website by the Company with a new date update, and if the
Company deems necessary, it can be notified to the Member via e-mail or mobile
notification. Changes will take effect at the time of publication on the Website. These
changes are deemed to have been accepted in advance by the Member using the
Website or logging into the Website.
15. The Company may unilaterally change or partially or completely change the service
on the Website, the terms of use of the Website and the information presented on the
Website, without the need for any prior warning or notification, reorganize the
Website, stop its publication, pause or has the right to close. Changes will be
published on the Website by the Company with a new date update, and if the
Company deems necessary, it can be notified to the Member via e-mail or mobile
notification. Changes will take effect at the time of publication on the Website. These
changes are deemed to have been accepted in advance by the Member using the
Website or logging into the Website.
16. The Member shall not use personal information such as IP address, e-mail address,
user name belonging to another person on the internet, not to try to access private
information of other Members without permission, and not to use them in any way
even if they have accessed them, It accepts, declares and undertakes not to take
actions that prevent and/or make it difficult for . Otherwise, the Member irrevocably
accepts, declares and undertakes to meet all kinds of material and moral damages
and losses that may be incurred by the Company and/or requested by third parties
due to such use, and to bear all penal liabilities and costs.
17. The Member assumes that the responsibility of any record or material obtained by
using the services of the Company and the Website shall be solely his/her
responsibility for any malfunctions, loss of information and other losses or other
damages that may occur on the Member's computer, and that any damage or loss
he/she may suffer due to the use of the service or The Company accepts, declares
and undertakes that it has no responsibility in any way due to the requests that may
be made in this direction.
18. In the event that the Member acts in violation of the general terms of use specified in
this Agreement and which can be updated on the Website, the Member may take the
necessary action to remove the Member from the Website, suspend the membership
temporarily or indefinitely and, if necessary, the Website. He knows that he has the
right to terminate and cancel his membership, or that he can terminate this
Agreement unilaterally immediately, without prejudice to his legal claim rights arising
from this Agreement, if the Company determines that the Agreement has been
violated, and that in case of such termination, he knows that he has the right to
terminate and cancel his membership. accepts, declares and undertakes that it
cannot make any demands or claims.
19. The Company or Member may terminate this Agreement at any time. At the moment
of termination of the contract, the rights of the parties to each other will not be
affected.
20. The Member is personally responsible for all kinds of transactions he will make with
the User Name and his relations with the Website users or third parties, and all kinds
of announcements and notifications to be published by the Company regarding the
services on the Website, as well as the Turkish Penal Code, Turkish Commercial
Code, Intellectual and Artistic Works. It accepts, declares and undertakes to comply
with the laws and judicial decisions of the Republic of Turkey, including but not limited
to the Law, Industrial Property Law, Statutory Decrees and legal regulations on the
Protection of Trademark and Patent Rights, Turkish Code of Obligations and other
relevant legislation.
21. The Company is obliged to remove the information on the Website that contains illegal or prohibited content, contains statements that do not comply with the general moral rules, and that is in contradiction or in violation of the laws of the Republic of Turkey, relevant legislation and judicial decisions, and that the membership of such violators is subject to any warning or notice. reserves the right to suspend, terminate or delete at any time without notice.
22. Services and software produced and/or purchased by the Company and all materials,
documents, graphics, texts, articles, images, documents, photographs, designs,
pictures, sounds and signs and all data that will be generated by the use of the
Website, Ownership and proprietary copyrights of all comments and criticisms or
other intellectual works submitted to the Website, all domain name, hosting, logo,
graphic, sound, icon, design, text, image, html code, other codes, demonstrative
Intellectual and industrial property rights and related rights and accessories of all
materials, including technical data presented in written, electronic, graphic or
machine-readable form, applied sales system, business method and business model,
belong to the Company. The Member shall not change any of the above in any way,
copy without permission, replicate, reproduce or distribute without permission,
publish, market, reverse engineer the software and technologies used, use it for
commercial or personal purposes without permission or without citing, make coding
and use it on the Website. It accepts, declares and undertakes that it will not publish
any of the elements contained in it on another medium or website and will not make
any attempt in this direction.
23. The Company reserves the right to make various changes, delete or completely
remove the comments submitted by the Member to the Website, and the Company
reserves the right not to publish all or some of the comments at its discretion.
24. If a request or claim is made, a prosecution is initiated, an investigation is opened or
a trial is made about the Members, before, during and after the service, due to any
criminal behavior through the website, the Member shall immediately submit all the
information and documents in the possession of the Company to the relevant
information and documents upon request. agrees, declares and undertakes that
he/she knows that he/she will share with the judicial authorities and in this context, to
cooperate and coordinate with the Company in any way.
25. If a request or claim is made, a prosecution is initiated, an investigation is opened or
a trial is made about the Members, before, during and after the service, due to any
criminal behavior through the website, the Member shall immediately submit all the information and documents in the possession of the Company to the relevant
information and documents upon request. agrees, declares and undertakes that
he/she knows that he/she will share with the judicial authorities and in this context, to
cooperate and coordinate with the Company in any way.
26. The Company is not responsible for the acts, omissions and behaviors of any third
party, Website users, advertisers and/or sponsors in relation to the Website or the use
of the Website.
27. The Company states that the Website will be error-free, uninterrupted and secure, or
that the use of the Website or any content, search or link on it will provide certain
results, that any file downloaded from the Website will contain viruses or other dirty or
disruptive features or cookies. does not undertake to carry The Company takes
reasonable precautions for protection. However, the Company will not be liable under
any circumstances for the consequences that may arise if the Member's information
is captured by malicious persons as a result of attacks on its own computer network
and the existing database information on this network, and if they are used
maliciously or unlawfully. The Company shall not be liable under any circumstances
for the interruption of the transactions on the Website, errors in the transaction,
interruption of access.
28. The Member is directly, individually and irrevocably responsible for all kinds of
damages and losses incurred by the Company or third parties as a result of acting in
violation of the provisions of this Agreement, and for any claims that may be made
within this scope.
29. The Member may not transfer this Agreement partially or completely to third parties.
The Company reserves the right to partially or completely transfer this Agreement to
third parties.
30. The Member may submit his/her requests and complaints regarding this Agreement
or of a general nature to the channels provided by the contact information on the
Website.
31. The Company may at any time, if deemed necessary, temporarily suspend or
completely suspend the operation of the Website or delete its content partially or
completely. The Member does not pay any fee to the Company for the use of the
Website. For this reason, the Company shall not have any responsibility towards the
Member or third parties due to the temporary suspension or complete suspension or
partial or complete deletion of the Website.
32. The Company may temporarily suspend or completely stop the Member's ability to
make payments via the online payment method due to Member transactions that
raise security concerns. The Company will not have any responsibility towards its
users or third parties due to the temporary suspension or complete suspension of the
use of online payment methods.
33. In order to protect the integrity of the Website, the Company may at any time, on its
own initiative, block the Member's access to all or part of the Website.
34. This Agreement will be subject to Turkish law and Istanbul (Çağlayan) Courts and
Enforcement Offices will be authorized to resolve any disputes regarding this
Agreement.
35. The Member, who purchases products/goods through the website, can deliver their
requests and complaints regarding the Distance Sales Agreement to the channels
specified in the relevant contract and in the Distance Sales Agreement and
Preliminary Information form sent to them as an electronic copy.
36. Unless the parties notify the other party in writing of changes in their current e-mails
within 3 (three) days, they agree that requests to old e-mails will be valid and will be
deemed to have been made to them.
37. Any notification made by the Website and/or the Company to the Member using the
Member's registered e-mail address shall be deemed to have been received by the
Member 1 (one) day after the e-mail is sent.
38. The Member declares and undertakes that he/she has read, understood and
accepted the articles in this Membership Agreement in full without any further
objection, and accepts, declares and undertakes that he/she approves the accuracy,
completeness and up-to-dateness of the information he/she shares about him/her.
39. If the specified conditions are not suitable for you, please do not use the Website.