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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.