Membership Agreement
1. Parties
This membership agreement; company headquarters INCİLİ PINAR MAH. FIND GAZİ MUHTAR PASHA. HALICILAR SITE NO: 34 INTERIOR DOOR NO: 148 ŞEHİTKAMİL / GAZİANTEP İtempol İTEMPOL INFORMATION SYSTEMS ADVERTISING PROGRAMMING PAZARLAMA SANAYİ VE TİCARET LTD (referred to as "İtempol") and ITEMPOL INFORMATION SYSTEMS REKLAM PROGRAMLAMA LTD. The website/mobile website/mobile application (referred to as "Site") determined by SİSTEMLERİ ADVERTISING PROGRAMLAMA PAZARLAMA SANAYİ VE TİCARET LTD and made available to third parties is concluded between the member (referred to as "Member") under the following conditions.
2. Subject of the Contract
The subject of this membership agreement; It is the determination of the terms and rules of use and membership of the Site, the definition of which is given below, and the responsibilities of the parties.
3. Definitions
Capitalized terms used in this membership agreement shall have the following meanings:
İtempol: İTEMPOL INFORMATION SYSTEMS ADVERTISING PROGRAMMING PAZARLAMA SANAYİ VE TİCARET LTD.
My Account Page: the member where the member can see and update the personal information they have given on the Site as part of the membership, can see, follow and make changes to the order information given through the Site, can benefit from the Service, and can be accessed with the username and password determined by the relevant member. private page,
Service: The actions and actions taken or to be made by İtempol in order to present the content and other products and applications on the Site, and to ensure that the requests from the member for these are fulfilled,
Content: Any product, information, text, picture, design, brand, icon, visual or audio, etc., determined by İtempol or itempol's service providers, uploaded to the Site and made available to third parties. images, video clip, logo, knowhow, design, catalog, file, interface, list, data, codes, slogan and other sign, page layout, etc. any element,
Mobile Application: The mobile application, which is offered by itempol or itempol's service providers, which can be downloaded from mobile application markets such as the App Store and Google Play Store, and which allows you to benefit from the Content and Services on the Site, the rights of Itempol,
Seller: A legal/real person member who becomes a member of the Site with the permission of İtempol and offers various products and/or services for sale through the advertisements published on the account he has created,
Site: The website/mobile website/mobile application that contains/will contain the Content, whose rights belong to itempol or whose rights are determined by ITEMPOL INFORMATION SYSTEMLERI ADVERTISING PROGRAMLAMA PAZARLAMA SANAYİ VE TİCARET LTD and made available to third parties,
Agreement: This membership agreement,
Member: By providing the information requested by itempol and by reading and accepting the Agreement and clicking the "Become a Member" button, you can become a member of the Site, log in to the Site, use the Site, and use the Content and Services with the username and password to be determined by yourself. Benefiting from means the person(s) who are a party to this Agreement.
This membership agreement; company headquarters INCİLİ PINAR MAH. FIND GAZİ MUHTAR PASHA. HALICILAR SITE NO: 34 INTERIOR DOOR NO: 148 ŞEHİTKAMİL / GAZİANTEP İtempol İTEMPOL INFORMATION SYSTEMS ADVERTISING PROGRAMMING PAZARLAMA SANAYİ VE TİCARET LTD (referred to as "İtempol") and ITEMPOL INFORMATION SYSTEMS REKLAM PROGRAMLAMA LTD. The website/mobile website/mobile application (referred to as "Site") determined by SİSTEMLERİ ADVERTISING PROGRAMLAMA PAZARLAMA SANAYİ VE TİCARET LTD and made available to third parties is concluded between the member (referred to as "Member") under the following conditions.
2. Subject of the Contract
The subject of this membership agreement; It is the determination of the terms and rules of use and membership of the Site, the definition of which is given below, and the responsibilities of the parties.
3. Definitions
Capitalized terms used in this membership agreement shall have the following meanings:
İtempol: İTEMPOL INFORMATION SYSTEMS ADVERTISING PROGRAMMING PAZARLAMA SANAYİ VE TİCARET LTD.
My Account Page: the member where the member can see and update the personal information they have given on the Site as part of the membership, can see, follow and make changes to the order information given through the Site, can benefit from the Service, and can be accessed with the username and password determined by the relevant member. private page,
Service: The actions and actions taken or to be made by İtempol in order to present the content and other products and applications on the Site, and to ensure that the requests from the member for these are fulfilled,
Content: Any product, information, text, picture, design, brand, icon, visual or audio, etc., determined by İtempol or itempol's service providers, uploaded to the Site and made available to third parties. images, video clip, logo, knowhow, design, catalog, file, interface, list, data, codes, slogan and other sign, page layout, etc. any element,
Mobile Application: The mobile application, which is offered by itempol or itempol's service providers, which can be downloaded from mobile application markets such as the App Store and Google Play Store, and which allows you to benefit from the Content and Services on the Site, the rights of Itempol,
Seller: A legal/real person member who becomes a member of the Site with the permission of İtempol and offers various products and/or services for sale through the advertisements published on the account he has created,
Site: The website/mobile website/mobile application that contains/will contain the Content, whose rights belong to itempol or whose rights are determined by ITEMPOL INFORMATION SYSTEMLERI ADVERTISING PROGRAMLAMA PAZARLAMA SANAYİ VE TİCARET LTD and made available to third parties,
Agreement: This membership agreement,
Member: By providing the information requested by itempol and by reading and accepting the Agreement and clicking the "Become a Member" button, you can become a member of the Site, log in to the Site, use the Site, and use the Content and Services with the username and password to be determined by yourself. Benefiting from means the person(s) who are a party to this Agreement.
4. Rights and Obligations of the Parties
4.1. Member; He will use the Site in accordance with all relevant legal regulations, moral rules and the conditions written in all policies and texts specified on the Site, and the purpose of the Site.
4.2. The Member declares that the personal information he has given to the Site and updated in the My Account section is correct, up-to-date and belongs to him; otherwise, it accepts that all administrative, legal and penal responsibility belongs to the party. The member is solely responsible for the security and confidentiality of his personal information, especially user name and password.
4.3. In the event of a dispute as to which person belongs to the membership rights and obligations, the last person to pay itempol for a Service using the relevant membership account will be deemed to be the owner of the membership account.
4.4. It is mandatory to be at least 18 years old for membership. In the event that the member provides misleading information on this matter, all legal, criminal, administrative and financial responsibility will belong to the member. In addition, anyone whose membership has been terminated or suspended for any reason or whose access to the Site has been completely blocked cannot become a member of the Site.
4.5. Legal entities can only become members through their legal representatives. In the event that membership or subsequent transactions are made without authorization, the person performing the unauthorized transaction is personally responsible for the transactions he/she has made. In the event that this situation causes any damage, the person who made the unauthorized transaction will be solely responsible for the said damage.
4.6. Use of the Site or any Content for any unlawful or breach of the Agreement is prohibited.
4.7. itempol; It has the right to change, update, terminate the site address, brand, slogan, Content of the Site and the Service at any time, and prevent it from using partially and/or completely. İtempol also has the right to move member information in case of changes or updates.
4.8. İtempol keeps the Content accurate and up to date. However, if there is a difference between the content offered by İtempol and the current situation, İtempol is not responsible.
4.9. İtempol has the right to make unilateral changes in this Agreement at any time. Changes made come into force with the publication of the current contract on the site.
4.10. The member periodically reviews the agreement in order to be aware of the changes and is deemed to have accepted the amended agreement with his continued access to the Site despite the change.
4.11. By becoming a member of the Site and/or making use of the Service, the member expressly and freely consents to the processing and transfer of his personal data to the country and abroad, as specified in the relevant disclosure and explicit consent texts and the Privacy Policy. shows.
4.12. The rights arising from all kinds of legal regulations regarding the Content belong exclusively to İtempol or are licensed use.
4.13. The Member may not copy, modify, display on another site, share, distribute for any purpose, save, reproduce, process, distribute, market, rent, sell, make available to third parties, all or part of the Site or the Content. and/or third parties, or use it in a different way by revising, adding or changing a part of it, or perform a similar activity. The member who acts otherwise will be solely responsible for any damages that may arise.
4.14. The Member agrees that he/she will not use or allow the Content to be used in a way that harms the right and/or copyright holders and third parties and/or in violation of the legal legislation.
4.15. The Member cannot delete or remove copyright, trademark and all kinds of Intellectual and Artistic Works Law notes from any copied or printed material related to the Site or Content; 4.12. cannot perform the activities specified in the article.
4.16. The Site may contain links to other websites and/or other content owned/operated by third parties that are not under İtempol's control. Linking does not mean that İtempol supports the linked website or the person who operates that site, or any warranty statement, and does not constitute a statement or guarantee for the information contained in the link. İtempol has no responsibility for the websites accessed through the links on the site and their contents, and any damages that may arise are the exclusive responsibility of the member.
4.1. Member; He will use the Site in accordance with all relevant legal regulations, moral rules and the conditions written in all policies and texts specified on the Site, and the purpose of the Site.
4.2. The Member declares that the personal information he has given to the Site and updated in the My Account section is correct, up-to-date and belongs to him; otherwise, it accepts that all administrative, legal and penal responsibility belongs to the party. The member is solely responsible for the security and confidentiality of his personal information, especially user name and password.
4.3. In the event of a dispute as to which person belongs to the membership rights and obligations, the last person to pay itempol for a Service using the relevant membership account will be deemed to be the owner of the membership account.
4.4. It is mandatory to be at least 18 years old for membership. In the event that the member provides misleading information on this matter, all legal, criminal, administrative and financial responsibility will belong to the member. In addition, anyone whose membership has been terminated or suspended for any reason or whose access to the Site has been completely blocked cannot become a member of the Site.
4.5. Legal entities can only become members through their legal representatives. In the event that membership or subsequent transactions are made without authorization, the person performing the unauthorized transaction is personally responsible for the transactions he/she has made. In the event that this situation causes any damage, the person who made the unauthorized transaction will be solely responsible for the said damage.
4.6. Use of the Site or any Content for any unlawful or breach of the Agreement is prohibited.
4.7. itempol; It has the right to change, update, terminate the site address, brand, slogan, Content of the Site and the Service at any time, and prevent it from using partially and/or completely. İtempol also has the right to move member information in case of changes or updates.
4.8. İtempol keeps the Content accurate and up to date. However, if there is a difference between the content offered by İtempol and the current situation, İtempol is not responsible.
4.9. İtempol has the right to make unilateral changes in this Agreement at any time. Changes made come into force with the publication of the current contract on the site.
4.10. The member periodically reviews the agreement in order to be aware of the changes and is deemed to have accepted the amended agreement with his continued access to the Site despite the change.
4.11. By becoming a member of the Site and/or making use of the Service, the member expressly and freely consents to the processing and transfer of his personal data to the country and abroad, as specified in the relevant disclosure and explicit consent texts and the Privacy Policy. shows.
4.12. The rights arising from all kinds of legal regulations regarding the Content belong exclusively to İtempol or are licensed use.
4.13. The Member may not copy, modify, display on another site, share, distribute for any purpose, save, reproduce, process, distribute, market, rent, sell, make available to third parties, all or part of the Site or the Content. and/or third parties, or use it in a different way by revising, adding or changing a part of it, or perform a similar activity. The member who acts otherwise will be solely responsible for any damages that may arise.
4.14. The Member agrees that he/she will not use or allow the Content to be used in a way that harms the right and/or copyright holders and third parties and/or in violation of the legal legislation.
4.15. The Member cannot delete or remove copyright, trademark and all kinds of Intellectual and Artistic Works Law notes from any copied or printed material related to the Site or Content; 4.12. cannot perform the activities specified in the article.
4.16. The Site may contain links to other websites and/or other content owned/operated by third parties that are not under İtempol's control. Linking does not mean that İtempol supports the linked website or the person who operates that site, or any warranty statement, and does not constitute a statement or guarantee for the information contained in the link. İtempol has no responsibility for the websites accessed through the links on the site and their contents, and any damages that may arise are the exclusive responsibility of the member.
4.17. originating from all kinds of similar programs and software, including but not limited to viruses, malware, algorithms, trojans, which may be exposed due to access to the Site, use of the Site and Content or data and information provided in other ways, or other behavior. İtempol has no responsibility for all direct or indirect damages that may be incurred by the users, the member or other third parties. The Member agrees in advance that he/she will not make any claims from İtempol due to these damages.
4.18. The Member is obliged to carry out the transactions performed on the Site in accordance with the purpose of the Site and the Content in a way that does not technically damage the Site, the Service and the Content.
4.19. Member, all or part of the Site or the Content or the systems or networks connected with the Site, the servers of İtempol or service providers, any service offered on the Site; an automated device, program, algorithm, methodology, or similar or equivalent, to access, obtain, copy, monitor, query, reproduce or bypass, or to obtain or attempt to obtain any material, document or information by any means not provided on the Site. The manual process will not use tools.
4.20. The Member agrees not to examine, try, load, scan, test, violate security or verification measures, or prevent the proper functioning of the Site or any operation carried out on the Site, for the vulnerability of the Site or the system or network infrastructure connected to the Site. . The Member does not monitor the information of any user of the Site and does not prevent its safe use, does not attempt to gain unauthorized access to any part or feature of the Site or any system connected to the Site, through hacking, password decryption or other illegal or unauthorized means.
4.21. In case İtempol is not a seller of any service/product on the Site, it acts as a hosting provider in accordance with the Law No. 5651 on the Regulation of Broadcasts Made on the Internet and Combating Crimes Committed Through These Broadcasts, and only as an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce. will have.
4.22. The Member accepts that the member is the buyer party and the Seller is the seller party in the distance sales contracts in the purchases to be made from any Seller other than İtempol on the Site. İtempol is not a party to the contractual relationship in question; For this reason, only the Seller is solely responsible for the Member within the scope of the relevant legislation.
4.23. itempol, as an intermediary service provider and in accordance with the regulations in the contract signed with the Seller; has the authority to collect the service/product price on behalf of the Seller regarding the services/products that the Member will purchase from the Seller.
4.24. İtempol is not obliged to accept every applicant's membership request in accordance with the freedom of contract. İtempol is not obliged to show any reason if the membership request is not accepted.
5. Termination of Contract
5.1. Member; In case of breach of any of its obligations in the Agreement, this Agreement may be terminated unilaterally by İtempol immediately and without compensation; The access to the Site may be blocked and all kinds of measures, including cancellation of membership, may be taken by İtempol unilaterally and without any notification to the member, and may apply to initiate legal action against them; all legal and penal responsibility will belong to the party; In the event that İtempol and/or the related right holders face any legal, administrative, financial or criminal sanction, lawsuit or similar demand, it will be solely responsible and İtempol shall be obliged to pay all kinds of material, moral, direct and indirect damages and/or İtempol to third parties. ITempol accepts that it will compensate all costs, damages and costs to the member immediately, in cash and in full at the time of the first request, without the need for a court decision.
5.2. The member can terminate his membership at any time, without giving any reason and without paying any penalty, with a written notification to İtempol through the communication channels specified on the Site or the action to be taken from the relevant place on the Site.
5.3. The Agreement will remain in effect until the member cancels his membership or his membership is canceled by İtempol.
6. Miscellaneous Provisions
4.18. The Member is obliged to carry out the transactions performed on the Site in accordance with the purpose of the Site and the Content in a way that does not technically damage the Site, the Service and the Content.
4.19. Member, all or part of the Site or the Content or the systems or networks connected with the Site, the servers of İtempol or service providers, any service offered on the Site; an automated device, program, algorithm, methodology, or similar or equivalent, to access, obtain, copy, monitor, query, reproduce or bypass, or to obtain or attempt to obtain any material, document or information by any means not provided on the Site. The manual process will not use tools.
4.20. The Member agrees not to examine, try, load, scan, test, violate security or verification measures, or prevent the proper functioning of the Site or any operation carried out on the Site, for the vulnerability of the Site or the system or network infrastructure connected to the Site. . The Member does not monitor the information of any user of the Site and does not prevent its safe use, does not attempt to gain unauthorized access to any part or feature of the Site or any system connected to the Site, through hacking, password decryption or other illegal or unauthorized means.
4.21. In case İtempol is not a seller of any service/product on the Site, it acts as a hosting provider in accordance with the Law No. 5651 on the Regulation of Broadcasts Made on the Internet and Combating Crimes Committed Through These Broadcasts, and only as an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce. will have.
4.22. The Member accepts that the member is the buyer party and the Seller is the seller party in the distance sales contracts in the purchases to be made from any Seller other than İtempol on the Site. İtempol is not a party to the contractual relationship in question; For this reason, only the Seller is solely responsible for the Member within the scope of the relevant legislation.
4.23. itempol, as an intermediary service provider and in accordance with the regulations in the contract signed with the Seller; has the authority to collect the service/product price on behalf of the Seller regarding the services/products that the Member will purchase from the Seller.
4.24. İtempol is not obliged to accept every applicant's membership request in accordance with the freedom of contract. İtempol is not obliged to show any reason if the membership request is not accepted.
5. Termination of Contract
5.1. Member; In case of breach of any of its obligations in the Agreement, this Agreement may be terminated unilaterally by İtempol immediately and without compensation; The access to the Site may be blocked and all kinds of measures, including cancellation of membership, may be taken by İtempol unilaterally and without any notification to the member, and may apply to initiate legal action against them; all legal and penal responsibility will belong to the party; In the event that İtempol and/or the related right holders face any legal, administrative, financial or criminal sanction, lawsuit or similar demand, it will be solely responsible and İtempol shall be obliged to pay all kinds of material, moral, direct and indirect damages and/or İtempol to third parties. ITempol accepts that it will compensate all costs, damages and costs to the member immediately, in cash and in full at the time of the first request, without the need for a court decision.
5.2. The member can terminate his membership at any time, without giving any reason and without paying any penalty, with a written notification to İtempol through the communication channels specified on the Site or the action to be taken from the relevant place on the Site.
5.3. The Agreement will remain in effect until the member cancels his membership or his membership is canceled by İtempol.
6. Miscellaneous Provisions
6.1. In case of disputes that may arise from the Agreement, the member is responsible for the official books and commercial records of İtempol and the e-archive records, log records, electronic information, confirmed fax messages, e-mails and computer records kept in the database and servers of İtempol or İtempol's service providers/sub-service providers. accepts that the records will constitute binding, definitive 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.
Force majeure in case of epidemics, bad weather conditions, earthquakes, strikes and lockouts, war, embargo, uprising, rebellion, natural disasters, decisions of state bodies, which are not foreseen and prevented at the time of signing the Agreement, without any fault of itempol, render impossible the performance of the acts they directly affect. considered as the cause. During the force majeure period, İtempol may suspend its responsibilities regarding its actions affected by the above-mentioned circumstances, and İtempol cannot be held responsible for its obligations that are hindered or delayed as a result of force majeure, and this cannot be considered a breach of the Agreement. In such a case, there is no need to make a separate notification to the member.
6.2. The contract will be governed exclusively by the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement, Member or consumer, can make applications regarding the dispute to the consumer court or consumer arbitral tribunal.
6.3. İtempol will communicate with the member via the e-mail address that the member has stated while registering on the Site 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. The most up-to-date e-mail address that the Member has notified or will notify to İtempol shall be considered as the legal notification address for any notification to be made regarding this Agreement.
6.4. The 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 will remain in full force and effect.
6.5. The Member may not assign, in whole or in part, his rights or obligations in this Membership Agreement without the prior written consent of İtempol.
6.6. Failure of one of the parties to exercise or exercise any right granted to him in the Membership Agreement shall not constitute a waiver of such right or prevent the further exercise or enforcement of such right.
6.7. The Agreement and all regulations on the Site regulate the terms and conditions of the Service and Content offered by İtempol. All policies, agreements and texts on the Site form an annex to the Agreement, as an integral part of this agreement.
6.8. Member's registration for membership means that the member has read all the articles in the membership agreement and accepts and undertakes all the articles in the Agreement. The contract was concluded at the time of the member's membership and entered into force mutually.
İTEMPOL INFORMATION SYSTEMS ADVERTISING PROGRAMMING PAZARLAMA SANAYİ VE TİCARET LTD
INCILI PINAR MAH. FIND GAZİ MUHTAR PASHA. HALICILAR SITE NO: 34 INTERIOR DOOR NO: 148 SEHITKAMIL / GAZIANTEP
Force majeure in case of epidemics, bad weather conditions, earthquakes, strikes and lockouts, war, embargo, uprising, rebellion, natural disasters, decisions of state bodies, which are not foreseen and prevented at the time of signing the Agreement, without any fault of itempol, render impossible the performance of the acts they directly affect. considered as the cause. During the force majeure period, İtempol may suspend its responsibilities regarding its actions affected by the above-mentioned circumstances, and İtempol cannot be held responsible for its obligations that are hindered or delayed as a result of force majeure, and this cannot be considered a breach of the Agreement. In such a case, there is no need to make a separate notification to the member.
6.2. The contract will be governed exclusively by the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement, Member or consumer, can make applications regarding the dispute to the consumer court or consumer arbitral tribunal.
6.3. İtempol will communicate with the member via the e-mail address that the member has stated while registering on the Site 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. The most up-to-date e-mail address that the Member has notified or will notify to İtempol shall be considered as the legal notification address for any notification to be made regarding this Agreement.
6.4. The 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 will remain in full force and effect.
6.5. The Member may not assign, in whole or in part, his rights or obligations in this Membership Agreement without the prior written consent of İtempol.
6.6. Failure of one of the parties to exercise or exercise any right granted to him in the Membership Agreement shall not constitute a waiver of such right or prevent the further exercise or enforcement of such right.
6.7. The Agreement and all regulations on the Site regulate the terms and conditions of the Service and Content offered by İtempol. All policies, agreements and texts on the Site form an annex to the Agreement, as an integral part of this agreement.
6.8. Member's registration for membership means that the member has read all the articles in the membership agreement and accepts and undertakes all the articles in the Agreement. The contract was concluded at the time of the member's membership and entered into force mutually.
İTEMPOL INFORMATION SYSTEMS ADVERTISING PROGRAMMING PAZARLAMA SANAYİ VE TİCARET LTD
INCILI PINAR MAH. FIND GAZİ MUHTAR PASHA. HALICILAR SITE NO: 34 INTERIOR DOOR NO: 148 SEHITKAMIL / GAZIANTEP