Membership Agreement

Membership Agreement

 

CURRENT CHANGES TO OUR MEMBERSHIP AGREEMENT

 

Some changes have been made in our Membership Agreement within the scope of the Law on Protection of Personal Data No. 6698. Below you can find brief information about the changes made in our "Privacy and Cookie Policies," which have been amended within the scope of the Personal Data Protection Law.

 

Current Changes in Our Membership Agreement

 

The "Cookie Policy" concept has been added to the Membership Agreement regarding the "Cookie Policy," which has been made a separate policy within the scope of the update we made in our Privacy Policy.

By adding the definition of "Guest"* to the Membership Agreement, it is stated that necessary information can be obtained and processed in order to offer certain advantages to users who enter personal data without being a member of auto-tuning-teile.com.

The name of the "Privacy" item was changed to "Confidentiality and Protection of Personal Data," and a referral was made to the Privacy Policy regarding the rights of auto-tuning-teile.com users and the purposes and ways of processing personal data of ARK GRUP OTOMOTİV within the scope of the Personal Data Protection Law.

You can review our updated Membership Agreement in detail below. You can access the Privacy Policy here.

 

MEMBERSHIP AGREEMENT

 

1. PARTIES

1.1. This membership agreement ("Membership Agreement") is between ARK GRUP OTOMOTİV A.Ş ("EE") and the Member ("Member"), headquartered at the address Çekirge Quarter Çekirge Streed İntam101 Business Center, the Member's EE Website. It has been concluded to determine the conditions for benefiting from the Services offered on the Website.

1.2. EE and the Member will be referred to individually as the "Party" and jointly as the "Parties" in this Membership Agreement.

 

2. DEFINITIONS

Cookie Policy, which contains information about the cookies used in order to ensure the functional operability 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 via the Website (https://auto-tuning-teile.com/sayfa/gizlilik-politikasi) refers to the text that can be accessed.

Privacy and Protection of Personal Data Policy: It regulates the general privacy policy of EE regarding personal data, including for what purposes and in what way EE will use the personal data that the Members transmit through the Website and via the Website (https://auto-tuning-teile.com). com/page/privacy-policy) refers to the text that can be accessed.

My Account Page: Refers to the Member-specific page that can be accessed only with the username and password determined 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 information requested on the basis of the application. It does.

Service: It refers to the services and applications offered by EE or the business partner determined by EE in order to enable Members and Visitors to perform the business and transactions defined in this Membership Agreement.

Virtual Store: It refers to the virtual area on the Website that EE has allocated to the Sellers in accordance with EE's procedures and rules, and where the Sellers have the opportunity to post their advertisements consisting of content and images for the sale of one or more products and/or services.

Vendor: Refers to the legal/real person member who is a member of the Website within the scope of the Vendor Partnership and Advertisement Agreement with EE and offers various products and/or services for sale through the advertisements he/she has posted on the account he/she has created on the Website.

Member: Refers to the real person who becomes a member of the Website within the scope of this Membership Agreement with EE and purchases the products and/or services offered for sale through the advertisements given by the Seller on the Website.

Website: Refers to the Website, mobile applications, and mobile site with the domain name www.auto-tuning-teile.com, which is owned by EE and on which EE offers its 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. EE operates the Website and is an intermediary service provider in accordance with 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 the 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 determining 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 form and conditions for the Services on the Website. The relationship between Members and Sellers is not covered by this Membership Agreement, and EE is in no way responsible for the relationship between Members and Sellers. Members will be able to seek their rights against Sellers within the framework of other legislation, particularly the Law on Consumer Protection No. 6502, regarding the transactions they will perform from the Virtual Store.

3.5. I agree to receive notifications from the AUTO TUNİNG TEİLE platform as part of the membership agreement.

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 correct and up-to-date information. The user who wants to become a member must be over 18 (eighteen) years old. 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 of a dispute as to which person the Membership rights and obligations belong to, and the said persons make a request to EE in this regard, EE accepts that the last person to pay EE for any Service using the relevant Membership account is the owner of the Membership account and takes action accordingly. EE has the right to do so.

4.3. EE is not a seller of any product or service on the Website and only an "intermediary service provider" in accordance with Law No. 6563 on the Regulation of Electronic Commerce and in accordance with Law No. 5651 on Regulating the Broadcasts Made on the Internet and Fighting Against Crimes Committed Through These Publications. Due to being a "host provider,"; It has no responsibility for the content on the Website that has not been published by it, and it has no obligation to check whether the content in question is in compliance with the law. Although EE has no such obligation and at its sole discretion, EE has the right to control the content in question at any time and to disable access and delete it if it deems necessary. Persons violating the rights of EE or third parties with any visual, written, or other content published on the Website are liable to EE and/or such third parties.

4.4. The Member states that the Seller is the Seller and he is the buyer in the distance sales contracts to be concluded in the purchases to be made from any Seller on the Website; EE is not a party to the aforementioned distance sales contract relationship; therefore, it accepts and declares that only the Seller is personally responsible in all respects 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, compliance with the legislation, issuance of warranty certificates, invoicing and other necessary documents, after-sales services required, etc., and for the timely delivery of all products displayed and sold in the Virtual Store.

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

4.6. EE, upon the request of the competent authorities pursuant to the current legislation, may share the information of the Member with the said authorities, if necessary in accordance with the Law on Protection of Personal Data No. 6698, by informing the Member in advance and in any case subject to the data transfer rules.

4.7. Personal data obtained from Members during membership and/or shopping on the Website, forgery, fraud, misuse of the Website, between Members and/or Sellers, 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 on a limited basis only with the requested subject, in accordance with the law on the Protection of Personal Data No. 6698, if necessary, the person concerned may transmit it to other Members and/or Sellers, who may be a party to the dispute, by informing them in advance and subject to data transfer rules in any case.

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 the responsibility of the Member. The Member accepts, declares, and undertakes that it will not refrain from fulfilling its obligations based on the objection that the transactions carried out with his/her own username and password have been carried out by him/her, that he/she is responsible for these transactions in advance, that he/she cannot claim any objection and/or objection that he/she did not perform the works and transactions carried out in this way.

4.9. The Member shall not use the Website in an unlawful and unethical manner, 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 all or part of the Website for the purpose of disrupting, altering, 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 wrong or misleading residence address, e-mail address, contact, payment or account information, and in force being used in violation of the legislation and in the Membership Agreement, unauthorized use of another Member's account, being a party or participant in transactions by impersonating another person or under a wrong name;

4.9.4. comment and scoring systems; Use for non-Site purposes, such as posting comments on the Website outside of the Website, or for purposes other than those used to manipulate systems;

4.9.5. Spreading a virus or any other harmful technology to the Website, the Website's database, or any content on the Website;

4.9.6. Collecting any information about Members or Sellers, including e-mail addresses, without the consent of the persons concerned or engaging in other practices that would constitute a violation pursuant to Law No. 6698 on the Protection of Personal Data;

4.9.7. Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by the Website or harm technical operation on the Website without the prior written consent of EE automatic program, robot, web crawler, spider, data mining (data mining) Using "screen scraping" software or systems such as and data crawling, and in this way copying, publishing or using all or part of any content on the Website without permission;

4.9.8. The use of the Services, the campaigns, and advantages offered on the Website, for malicious purposes and for the purpose of providing unfair benefits, violating the campaign conditions in bad faith.

4.10. The Member is obliged to carry out the transactions on the Website in a way that does not technically damage the Website in any way. Member accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent all information, content, material, and other content from being provided to the Website, any program, virus, software, unlicensed product, trojan horse, etc. that will harm the system.

 

5. TERMINATION OF THE AGREEMENT

5.1. Any of the Parties may terminate this Membership Agreement unilaterally and without compensation at any time. In such a termination, the Parties shall mutually fully fulfill their rights and obligations arising up to the date of termination.

5.2. EE has the right to suspend, terminate, suspend and pursue membership if it detects 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. In order to benefit from the Services offered on the Website, EE 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 this context, EE collects, uses, transfers, and processes the personal data provided by the Member in accordance with the Privacy and Personal Data Protection Policy and the Cookie Policy on the Website. The Member can always review the Privacy and Personal Data Protection Policy on the Website in order to obtain more information on the conditions regarding the use of his personal data and his rights in this regard and by sending an e-mail to info@auto-tuning-teile.com as specified here or He understands that he can use it with other methods specified in the Application Form on the Website.

6.2. Personal data shared by the Member in order to create a Membership on the Website or to benefit from the Website; Fulfillment of the obligations determined by the Membership Agreement, execution of the applications required for the operation of the Website, providing and offering various advantages to the Member or Visitor, realizing the payment transactions, making the order deliveries, customer service and complaint follow-up, and Member-specific advertising, sales, marketing, survey, all kinds of electronic communication for similar purposes, profiling, statistical studies, It is collected, stored and processed by EE or its business partners in accordance with the Privacy and Personal Data Protection Policy and Cookie Policy. In addition, these personal data can be offered to the Member with special advantages, provided that the obligations arising from the law on the Protection of Personal Data No. 6698 and other relevant legislation are fulfilled in order to carry out sales, marketing, and similar activities, In order to contact the Member, will be shared with ARK GRUP OTOMOTİV A.Ş.

 

7. INTELLECTUAL PROPERTY RIGHTS

The auto-tuning-teile.com brand and logo, the design, software, domain name of the auto-tuning-teile.com mobile application and the Website, and all kinds of intellectual property rights of any brand, design, logo, trade dress, slogan, and all other content created by EE. rightfully owned by EE. The Member may not use, share, distribute, display, reproduce or do derivative works from the intellectual property rights of EE or its affiliates without the permission of EE. The Member may not use all or part of the auto-tuning-teile.com mobile application or Website in any other environment without the consent of EE. In the event that the Member acts in violation of the intellectual property rights of third parties or EE, the Member is obliged to compensate all direct and indirect damages, and expenses of EE and/or the said third party.

 

8. CONTRACT CHANGES

EE, at its sole discretion, may comply with this Membership Agreement and any policies, terms, and conditions, including the Privacy and Personal Data Protection Policy and Cookie Policy on the Website, at any time it deems appropriate to the provisions of the applicable legislation. May change it unilaterally by posting it on the Website, provided that it is not contrary to it. 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 changed unilaterally by the Member.

 

9. FORCE MAJEURE

Employer-employer disputes, including riots, embargoes, government intervention, riots, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, cyber-attack, communication problems, infrastructure, and internet failures, system improvement or renovation works, and Failures that may occur as a result of a power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events beyond the control of EE, which are not caused by its fault and cannot be reasonably foreseen ("Force Majeure") EE' If it prevents or delays the performance of its obligations arising from this Membership Agreement, EE 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.

 

10. MISCELLANEOUS PROVISIONS

10.1. Evidence agreement: In disputes that may arise from this Membership Agreement, the Member shall ensure that EE's official books and commercial records and e-archive records, electronic information, electronic correspondence, and computer records kept in EE's database and servers constitute a binding, conclusive and exclusive evidence. And that this article is in the nature of an evidential contract within the meaning of article 193 of the Code of Civil Procedure No. 6100.

10.2. Applicable Law and Dispute Resolution: This Membership Agreement shall be governed exclusively by 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 Istanbul Central (Çağlayan) Courts and Enforcement Offices.

10.3. Notification: EE will communicate with the Member via the e-mail address that the Member provided during registration 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.

10.4. Integrity and Severability of the Membership Agreement: 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 unreasonably is reached; and other provisions will remain in full force and effect.

10.5. Assignment of Membership Agreement: The Member may not assign, in whole or in part, its rights or obligations under this Membership Agreement without the prior written consent of EE.

10.6. Amendment and Waiver: 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 the such right.

Consisting of 10 (ten) articles, this Membership Agreement has entered into force by being approved by the Member in an electronic environment after reading and fully understanding each of its provisions.