Membership Agreement
Update Date: 01.05.2018
- PARTIES
This Membership Agreement ("Agreement"); MARKOSIN ELECTRONIC MARKETING AND TRADE. LTD. STI. ( "markosin " ); It has been concluded between the website user who is a member of markosin.com and its mobile application (“Platform”) by accepting the following conditions, or the user who is a member of the applications installed on mobile devices (“Member”), to determine the conditions for the Member to benefit from the Services offered by Markosin. .
markosin and the Member will be referred to as the “Party” separately and together as the “Parties” in this Membership Agreement.
- DEFINITIONS
Buyer: Refers to the real and/or legal persons who purchase products and/or services from the Platform.
Privacy Policy and Data Protection Notice: It regulates the general privacy policy of Markosin regarding personal data and the use of cookies, including for what purposes and how Markosin will use the personal data that the Members transmit through the Platform, and via https:// It refers to the text that can be accessed from the link www.markosin.com/personal-data-protection.
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 Platform, enter his personal information and information requested on the basis of the application. it does.
Services: Refers to the practices put forward by Markosin in order to enable the Members to carry out the work and transactions defined in this Membership Agreement.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. In order to gain membership status, the user who wants to become a member must approve this Membership Agreement on the Platform and fill in the information requested here with correct and up-to-date information. The user who wishes 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 said Membership Agreement, is personally responsible for all damages that may arise due to this. The Member has the right to terminate the Membership status at any time by clicking the "Cancel Membership" button, which can be accessed from the My Account Page.
3.2. 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 from Markosin in this regard, accepting that the last person to pay Markosin for any Service using the relevant Membership account is the owner of the Membership account, and taking action accordingly. will do.
3.3. The Member declares that he/she accepts that he/she will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Platform, applicable legislation and moral rules in his transactions and correspondence on the Platform. The legal and criminal responsibility for the transactions and actions of the Member within the Platform belongs to him.
3.4. markosin will be able to share the information of the Member with the said authorities upon the request of the competent authorities in accordance with the current legislation.
3.5. The user’s name and password information required by the Member in order to access the My Account Page and perform transactions on the Platform is created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The member states that the transactions performed 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, and/or It accepts, declares and undertakes that it will not refrain from fulfilling its obligations based on the objection or the objection.
3.6. The Member shall not use the Platform in an unlawful and unethical manner, especially in the cases listed below.
Using the Platform to create, control, update or change a database, record or directory on behalf of any person;
Use of the Platform in whole or in part for the purpose of disrupting, modifying or reverse engineering;
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 the creation of these accounts in accordance with the Membership Agreement or in force. being used in violation of the legislation, unauthorized use of another Member's account, being a party or participant in transactions by impersonating another person or under a wrong name;
Comment and scoring systems; Used for non-Platform purposes, such as posting comments on the Platform outside of the Platform, or used for purposes other than to manipulate systems;
Spreading a virus or any other technology harmful to the Platform, the Platform's database, any content on the Platform;
Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by the Platform or harm technical operation, automatic programs, robots, web crawlers, spiders, data mining (including data mining) on the Platform without the prior written consent of Markosin. using "screen scraping" software or systems such as data mining) and data crawling, and in this way copying, publishing or using all or part of any content on the Platform without permission.
3.7. The Member is obliged to carry out the transactions on the Platform in a way that will not harm Markosin materially and technically the Platform in any way. Member, all kinds of programs, viruses, software, unlicensed products, trojan horses, etc. that will harm the Platform. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent The Member also agrees that he will not enter the Account Page with robot or automatic login methods.
3.8. It is illegal to use the Platform or the content on it in violation of the terms of use determined by this Membership Agreement or the provisions of the applicable legislation; markosin reserves the right to request, litigation and follow-up.
- PRIVACY
4.1. markosin attaches importance to the processing, security and protection of the personal data provided by the Member through the Platform 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 Platform. In this context, markosin collects, uses, transfers and processes the personal data provided by the Member in accordance with the INFORMATION AND PRIVACY POLICY ON THE PROTECTION OF PERSONAL DATA found in the link https://www.markosin.com/personal-data-protection. The Privacy Policy is an integral part of this Membership Agreement.
4.2. By making use of the Services and/or creating an account, the Member expressly and freely consents to the collection, use, transfer and other processing of his personal data as set forth in the Privacy Policy. For more information on the conditions regarding the use of personal data and your rights in this regard, you can review our Privacy Policy and exercise your rights by sending an e-mail to [email protected].
4.3. Personal data declared by the Member on the Platform and consented to be shared; Markosin aims to fulfill the obligations determined by this Membership Agreement, to carry out the applications required for the operation of the Platform, to provide and offer various advantages for the Member, and to carry out all kinds of electronic communication, profiling, statistical studies for the specific purpose of advertising, sales, marketing, surveys and similar purposes for the Member. or business partners in accordance with the Privacy Policy, stored, processed, used and shared with third parties based on our contractual relations.
4.4. The Member accepts and declares that he consents to the use and storage of his personal data by Markosin in this way. Markosin, the said personal data, Law on the Protection of Personal Data No. 6698 art. 12, will take all necessary measures to prevent unauthorized access and unlawful data processing. On the personal data of the members, the Law on the Protection of Personal Data No. 6698 art. It has the right to use the rights it has in accordance with 11 and to make changes or updates to this data at any time.
- INTELLECTUAL PROPERTY RIGHTS
All kinds of intellectual property of “Markosin” brand and logo, “Markosin” mobile application and Platform design, software, domain name and any brand, design, logo, trade dress, slogan and all other content created by Markosin. rightfully its own property. The member may not use, share, distribute, display, reproduce or make derivative works from the intellectual property rights of Markosin or its affiliates without written permission. The member cannot use the whole or part of the mobile application or Platform in any other environment without the written consent of Markosin. In case the Member acts in violation of the intellectual property rights of third parties or Markosin, the Member is obliged to compensate all direct and indirect damages and expenses of Markosin and/or the said third party.
- CONTRACT CHANGES
Markosin, at its sole discretion, unilaterally declares this Membership Agreement and any policies, terms and conditions on the Platform, including the Privacy Policy, at any time it deems appropriate, provided that it is not contrary to the provisions of the current legislation. can change to. The amended provisions of this Membership Agreement will become valid on the date they are announced on the Platform, and the remaining provisions will remain in effect and continue to have their provisions and consequences.
- 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 Malfunctions, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or any other natural disaster or other events beyond the control of Markosin, which are not caused by the fault of Markosin and cannot be reasonably foreseen ("Force Majeure"). If it prevents or delays the performance of its obligations arising from this Membership Agreement, Markosin 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.
- MISCELLANEOUS PROVISIONS
8.1. Evidence contract; In disputes that may arise from this Membership Agreement, the Member states that Markosin's official books and commercial records and e-archive records, electronic information and computer records kept in Markosin's database and servers will constitute binding, final and exclusive evidence and that this article will be numbered 6100. It accepts that it is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.
8.2. 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 Consumer Arbitration Committees and Istanbul (Kartal) Courts and Enforcement Offices.
8.3. Notification; Markosin will communicate with the Member via the e-mail address that the Member has stated while registering, 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.
8.4. 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 unreasonableness exists; and other provisions shall remain in full force and effect.
8.5. Transfer of Membership Agreement; The Member shall not be able to assign, in whole or in part, its rights or obligations under this Membership Agreement without the prior written consent of Markosin.
8.6. 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 such right.
This Membership Agreement, which consists of 9 (nine) articles, has entered into force as of the moment of its approval, by reading and fully understanding each provision by the Member and approving it in the electronic environment.