MEMBERSHIP AGREEMENT
1. PARTIES
This Membership Agreement ("Agreement") has been signed between Agreka Bilimsel Doğal Yaşam Ürünleri San. Ve Tic. Ltd. Şti. (“Agreka”) that is the owner of www.agreka.com.tr (“SITE”) and mobile device applications and that is located at Saray Mahallesi Dr. Adnan Büyükdeniz Caddesi (OryaPark Residence) No: 3 A Da:120 Ümraniye / Istanbul and the website user who becomes a member of the www.agreka.com.tr site and its mobile application 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 Agreka. Agreka and the Member will be referred to as the "Party" separately and together as the "Parties" in this Membership Agreement.
2. DEFINITIONS
SELLER:
Title: Agreka Bilimsel Doğal Yaşam Ürünleri San. Ve Tic. Ltd. Şti.
Address: Saray Mahallesi Dr. Adnan Büyükdeniz Caddesi (OryaPark Residence) No: 3 A Da:120 Ümraniye / İstanbul
Phone: +90 216 266 03 79
E-mail: info@agreka.com.tr
BUYER: Refers to the real and/or legal persons who purchase products and/or services from the www.agreka.com.tr shopping site.
Privacy Policy and Data Protection Notice: It expresses the text that regulates the general privacy policy of Agreka regarding personal data and the use of cookies, including for what purposes and how Agreka will use the personal data transmitted by the Members through the SITE, and which can be accessed from PPPD Clarification Text link on the SITE.
My Account Page: Refers to the Member-specific page, where the Member can perform the necessary actions in order to benefit from the various applications and Services on the SITE, where he enters his personal information and information requested on the basis of the application, which can only be accessed with the username and password determined by the relevant Member.
Services: Refers to the practices put forward by Agreka in order to enable the Members to perform the work and transactions defined in this Membership Agreement.
3. 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 SITE, fill in the information requested here with correct and up-to-date information, and the Membership application must be evaluated and approved by Agreka. The user who wishes to become a member must be over 18 (eighteen) years old. Membership status begins with the completion of the approval process and notification to the Member, and thus the Member attains the rights and obligations specified in this Membership Agreement and the relevant parts of the SITE. 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.
3.2) If there is a dispute as to which person the Membership rights and obligations belong to, and the said persons make a request from Agreka in this regard, accepting that the last person who paid Agreka for any Service using the relevant Membership account is the owner of the Membership account, will act accordingly.
3.3) If the Member wishes to initiate any legal action or purchasing process regarding the advertisements viewed on the SITE, he/she accepts and declares that he/she must fulfill all necessary legal obligations and legal procedures, including those on the SITE and that Agreka does not have any information and responsibility regarding such obligations and procedures.
3.4) The Member accepts and declares that the Seller is “Agreka” and he / she is the Buyer party in the distance sales contracts to be concluded in the purchases to be made through the SITE, and that the Seller itself is responsible in all respects within the scope of the current consumer law legislation and other legislation. In this context, the Seller itself is and exclusively responsible for the quality of all products sold on the SITE, their compliance with the legislation, invoicing and the delivery of other necessary documents, and the services as such after-sales services required and the delivery of the products on time.
3.5) The Member declares that he/she accepts that he/she will act in accordance with the provisions of this Membership Agreement, all conditions specified in the SITE, applicable legislation and moral rules in the transactions and correspondence he/she performs on the SITE. The legal and criminal responsibility for the transactions and actions of the Member within the SITE belongs to him/her.
3.6) Agreka may share the Member's information with the said authorities upon the request of the competent authorities pursuant to the current legislation.
3.7) The user name and password information required by the Member in order to access the My Account Page and perform transactions on the SITE 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 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 that he/she did not perform the works and transactions carried out in this way, that he /she will not refrain from fulfilling its obligations based on the objection.
3.8) The Member shall not use the SITE in an unlawful and unethical manner, especially in the cases listed below.
3.9) In the event that the Member uses the SITE in violation of any article in this Agreement, especially article 3.8, Agreka has the right to prevent the Member from using the SITE partially and/or completely from all and/or a part of the SITE. In this context, Agreka will continuously examine the comments and points section specified in article 3.8, and if a comment as specified in article 3.8 is detected, the content in question will not be published on the SITE. The member accepts, declares and undertakes that the final decision belongs exclusively to Agreka.
3.10) The member is obliged to carry out the transactions he made on the SITE in a way that will not harm Agreka materially and technically the SITE in any way. The Member accepts and undertakes to take all necessary precautions, including using the necessary protective software and licensed products, so that the SITE does not contain all kinds of programs, viruses, software, unlicensed products, trojan horses, etc. The Member also agrees that he will not enter the Account Page with robot or automatic login methods.
3.11) It is illegal to use the SITE or the content on it in violation of the terms of use determined by this Membership Agreement or the provisions of the current legislation; Agreka's related claims, lawsuits and follow-up rights are reserved.
3.12) Agreka reserves the right to change all kinds of services, products, conditions of use of the site and the information presented on the site, to reorganize the site, to stop the publication, without the need for a prior warning, available on this site and its extension. Changes take effect at the time of publication on the site. These changes are deemed to have been accepted by the use of the site or by logging into the site. These conditions also apply to other linked web pages.
3.13) Agreka does not accept any responsibility for interruption of the transaction as a result of breach of contract, tortious act, negligence or other reasons, for error, negligence, interruption, deletion, loss, delay of the transaction or communication, computer virus, communication error, theft, destruction of records or unauthorized entry, modification or use of records.
3.14) This website may contain links or references to other websites that are not under the control of Agreka. Agreka is not responsible for the content of these sites or any other links they contain.
3.15) The SITE user can start using the SITE by entering his e-mail address and password, provided that he complies with the conditions specified in this contract, after completing the sections required for registration and confirming his e-mail address.
3.16) While making use of the SITE and its services, Member agrees to comply with the Turkish Penal Code, the Turkish Commercial Code, the Law on Intellectual and Artistic Works, the Decree-Laws and legal regulations on the Protection of Trademark and Patent Rights, the Law of Obligations, other relevant legislation provisions and with all kinds of announcements and notifications to be published by the SITE regarding its services.
3.17) Membership cancellation and account deletion can be done by the user on the SITE. The authorization of the user who terminates his membership to the SITE will be revoked. The person who cancels his/her membership accepts that this process is irreversible.
4. PRIVACY
4.1) Agreka attaches importance to the processing, security and protection of the personal data provided by the Member through the SITE in order to benefit from the Services offered on the SITE, in accordance with all kinds of legislation, including the Law on the Protection of Personal Data No. 6698. In this context, Agreka collects, uses, transfers and processes the personal data provided by the Member in accordance with the Privacy Policy available at the link PPPD Clarification Text. The Privacy Policy is an integral part of this Membership Agreement.
4.2) By using 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 you can exercise your legal rights by sending an e-mail to the info@agreka.com.tr e-mail address.
4.3) Personal data declared by the Member on the SITE and consented to be shared is collected, stored, processed, used by Agreka or its business partners in accordance with the Privacy Policy and may be shared with third parties based on our contractual relations for the purposes of fulfillment of the obligations determined by this Membership Agreement, implementation of the applications required for the operation of the SITE, providing and presenting various advantages for the Member and making all kinds of electronic communication, profiling, statistical studies specific to the Member, such as advertising, sales, marketing, surveys, etc.
4.4) The Member accepts and declares that he consents to the use and storage of his personal data by Agreka in this way. Agreka will take all necessary precautions to keep the personal data in question securely in accordance with Article 12 of the Law on the Protection of Personal Data No. 6698, and to prevent unauthorized access and illegal data processing. The member has the right to exercise the rights he has on his personal data pursuant to article 11 of the Law on the Protection of Personal Data No. 6698 and to make changes or updates to this data at any time.
5. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights of the “Agreka” brand and logo, the design, software, domain name of the “Agreka” SITE and all kinds of trademarks, designs, logos, trade presentations, slogans and all other content created by Agreka regarding them are the property of Agreka. The member cannot use, share, distribute, exhibit, reproduce, or make derivative works from the intellectual property rights of Agreka or its affiliates without written permission. The member cannot use the whole or part of the mobile application or the SITE in any other environment without the written consent of Agreka. In case the Member acts in a way that violates the intellectual property rights of third parties or Agreka, the Member is obliged to compensate all direct and indirect damages and expenses of Agreka and/or the said third party.
6. CONTRACT CHANGES
Agreka, at its sole discretion, may unilaterally change this Membership Agreement and any policies, terms and conditions on the SITE, including the Privacy Policy, at any time it deems appropriate, by announcing it on the SITE, provided that it does not contradict the provisions of the current legislation. The amended provisions of this Membership Agreement will become valid on the date they are announced on the SITE, and the remaining provisions will remain in effect and continue to have their provisions and consequences.
7. FORCE MAJEURE
If 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 that may occur due to those, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or Other events beyond Agreka's control, not caused by fault and not reasonably foreseeable ("Force Majeure") prevents or delays Agreka from performing its obligations arising from this Membership Agreement, Agreka 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.
8. MISCELLANEOUS PROVISIONS
8.1) Evidence contract; The Member agrees that Agreka's official books and commercial records and e-archive records, electronic information and computer records kept in Agreka's database and servers will constitute binding, final and exclusive evidence in disputes that may arise from this Membership Agreement and accepts 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.
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 (Çağlayan) Courts and Enforcement Offices.
8.3) Notice; Agreka 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. The member must notify Agreka of any changes in his current e-mail in writing within 3 (three) days. Otherwise, the Member accepts that requests to the old e-mail will be valid and will be deemed to have been made to him. Again, any notification made by Agreka using the registered e-mail address of the Member shall be deemed to reach the Member 1 (one) day after the e-mail is sent.
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 fully or partially assign its rights or obligations under this Membership Agreement without the prior written consent of Agreka.
8.6) Amendment and Waiver; Failure of a Party to enforce 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 8 (eight) 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.
