Membership Agreement
1.PARTIES
ÇİFTE HAVUZLAR MAH. ESKİ LONDON ASFALTI CAD. KULUÇKA MRK. D2 BLOK No:151 /1F/ 2B03 34220 Esenler - İSTANBUL
via www.edis.world
ii. “Customer” whose personal information is included in the Distance Sales Contract
between edis.world and the Client on the following terms and conditions.
In this Agreement, edis.world and the Client shall each be referred to separately as a “Party” and together as “Parties”.
2.SUBJECT AND PURPOSE OF THE AGREEMENT:
This Agreement has been concluded in order to regulate the mutual rights and obligations of the Parties regarding the User's shopping on the edis.world (“Site”) site of Edis.
3.THE USE AND PURPOSE OF THE SITE:
3.1. Personal special products are sold on the Site.
3.2. The User will have the opportunity to shop on the Site and create a user profile by logging in to the Site with the username and password set during membership.
3.3. The User shall complete the registration process by submitting the identity information required to become a member of the Site from the relevant section of the Site and the registration process shall be completed upon approval of the registration process by EDIS. Without completing the membership process, the right and authorization to become a User as defined in this Agreement cannot be obtained.
3.4. In order to become a member of the Site, it is necessary to be of legal age and not to have been temporarily suspended from membership or banned from membership indefinitely by Edis. The fact that persons who are minors or, as stated above, who have been temporarily suspended from membership or banned from membership indefinitely by Edis pursuant to this Agreement, have completed the Site registration process will not result in them becoming a member of the Site.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1.Rights and Obligations of the User
4.1.1.1. By accepting the Agreement, the User accepts all kinds of statements made by Edis regarding the use, membership and use of the Site and that he / she will act in accordance with these statements.
4.1.2.The User agrees and undertakes in advance that he/she will fulfill all financial, technical and administrative obligations written in the Agreement and its annexes and that he/she will comply with all the rules and principles to be set by Edis or Edis management with the amendments and additional provisions to be made unilaterally by Edis to the Agreement and its annexes.
4.1.3. The security, storage, keeping away from the knowledge of third parties and use of the system access tools (username, password, etc.) used by the User to benefit from the Services offered by Edis are the sole responsibility of the User. Users accept, declare and undertake that Edis has no direct or indirect, legal, criminal, administrative liability for damages suffered or may be suffered by Users and / or third parties due to all negligence and defects in matters such as security, storage, keeping away from the knowledge of third parties and use of system access tools.
4.1.4.The User accepts, declares and undertakes that the information and content provided by the User within the Site are accurate and lawful. Edis is not obliged and responsible for investigating the accuracy of the information and content transmitted to Edis by the User or uploaded, modified or provided by them through the Site, undertaking and guaranteeing that this information and content is safe, accurate and lawful, and is not responsible for any damages that may arise due to the incorrect or incorrect information and content in question. In the event that Edis suffers damage due to one of the issues determined to be outside the scope of responsibility by this provision, it shall recourse to the User together with all other incidental damages.
4.1.5. The User may not transfer its rights and obligations under the Agreement, in whole or in part, to any third party without the written consent of Edis.
4.1.6. While the User benefits from the Services offered by Edis and uses the Site, they may only perform transactions on the Site for lawful purposes. The legal and criminal responsibility for every transaction and action of the User within the Site belongs to him/her. Each User accepts, declares and undertakes that he/she will not use, reproduce, copy, distribute, process the pictures, meines, visual and audio images, video clips, files, databases, catalogs and lists contained on the Site in a way that constitutes an infringement of the real or personal rights or assets of Edis and / or another third party, and that he/she will not compete directly and / or indirectly with Edis either directly and / or indirectly with these actions or in other ways. Edis cannot be held responsible in any way, directly and/or indirectly, for any damages suffered or may be suffered by third parties due to the User's activities on the Site in violation of the provisions of the Agreement and / or the law, otherwise Edis reserves the right of recourse to the User.
4.1.7. The user accepts, declares and undertakes that Edis will share the user information of the users who are entitled to participate in the sweepstakes with the persons and institutions related to the campaign and sweepstakes within the scope of any sweepstakes to be held through the Site, and that he / she will not claim any compensation from Edis for this reason.
4.1.8. Users accept, declare and undertake that they will not make transactions to transfer money between their own memberships or memberships belonging to their acquaintances on the Site and that they will not engage in behaviors that will manipulate the operation of the Site, otherwise they will compensate for any damages caused by Edis.
4.1.9. All kinds of intellectual property rights belonging to the Site (information, writings, pictures, brands, models, slogans and other signs, page layout, etc.) are exclusively owned by Edis. Copying, modifying, publishing, sending, distributing, selling the intellectual property information and other issues presented on the Site, in whole or in part, by using online or other media, will clearly and unequivocally violate the Law No. 5846 on Intellectual and Artistic Works and the Decree Law No. 556 on the Protection of Trademarks and will be subject to legal and criminal sanctions.
4.2.Rights and Obligations of Edis
4.2.1.Edis may make changes and/or adaptations to the Services at any time in order to enable the User to perform the works and transactions defined in the Agreement more effectively. The rules and conditions that the User is obliged to comply with regarding these changes and/or adaptations made by Edis are announced to the User on the Site.
4.2.2.Edis accepts, declares and undertakes that the terms and conditions of earning and using Kayma will be used by the User as explained on the Site.
4.2.3 Edis reserves the right to change the Services and contents offered on the Site at any time; to close the information and contents uploaded by the User to the system to the access of third parties, including the User, and to delete them. Edis may exercise this right without any notice and without prior notice. The User is obliged to fulfill the changes and/or corrections requested by Edis immediately. Requests for changes and/or corrections requested by Edis may be made by Edis if deemed necessary. Any damages, legal and criminal liabilities that arise or may arise due to the failure of the User to fulfill the amendment and / or correction requests requested by Edis in a timely manner belong entirely to the User.
4.2.4.Edis may provide 'links' to other websites and/or portals, files or content owned and operated by third party businesses, providers and other third parties that are not under Edis' own control through the Site. These links may be provided by the User or by EDİS only for ease of reference and do not constitute a statement or guarantee of any kind for the purpose of supporting the website or the person operating the website or the website or the information it contains. Edis has no responsibility for the portals, websites, files and contents accessed through the links on the Site, the services or Products offered from the portals or websites accessed through these links or their content.
4.2.5. Edis has the right to communicate as it wishes through the communication channels specified by the User for campaigns, news and other announcements related to the Site and / or Edis. This matter has been accepted by the User.
5.MODIFICATION OF THE AGREEMENT
Edis may, at its sole discretion and unilaterally, amend this User Agreement and its annexes at any time it deems appropriate by posting it on the Site. The amended provisions of this User Agreement shall become effective on the date of their announcement; the remaining provisions shall remain in full force and effect and shall continue to give rise to their provisions and consequences. This User Agreement cannot be changed by unilateral declarations of the User.
6. DURATION AND TERMINATION OF THE AGREEMENT
6.1.The Agreement has been concluded indefinitely and will remain in force and will continue to give rise to the provisions and consequences between the parties as long as it is not terminated by Edis within the scope of this Article 7 and the User's Site membership continues; It will be deemed to have expired in the event that the User's membership period expires or the User's membership is temporarily or permanently suspended.
6.2.Edis may unilaterally terminate the Agreement in the event that the User violates this Agreement and / or similar rules regarding the use, membership and Services on the Site, fraud, actions that may cause damage to Edis or third parties, and in cases of contractual or unlawful breach, including but not limited to these, and the User shall be obliged to compensate all damages incurred by Edis due to termination:
7. FORCE MAJEURE AND UNEXPECTED EVENTS
7.1.Definition: For the purposes of this Agreement, the terms “Force Majeure” and “Unforeseeable Event” shall mean an event beyond the reasonable control of a party which renders the performance of the Relevant Party's contractual obligations impossible or, under the circumstances, so impracticable as to render their performance impossible or prevents their performance within the specified time for performance.
7.2.Some cases of “Force Majeure” and “Unforeseen Event”: The following situations, including but not limited to, are among the “Force Majeure” and “Unforeseen Event” situations:
State of war, martial law, natural disasters, economic crisis, strike, lockout, contagious disease, earthquake, revolution, radioactivity pollution, events based on the unavoidable force of nature and similar events and situations that are legally accepted as “Force Majeure” and “Unforeseen Circumstances”,
Decisions by the courts or any administrative authority stopping or preventing activities and operations at Edis,
7.3. Effect on the Agreement: In the event of “Force Majeure” or “Unforeseen Event”, the Parties shall be exempt from their obligations and shall not be deemed liable for delay or failure to fulfill their obligations and shall not be liable under the Agreement. In the event of such circumstances, the Agreement shall remain suspended until such “Force Majeure” or “Unforeseen Event” is eliminated and the Parties shall not be held liable for the non-performance of their obligations and performances hereunder and all periods stipulated in this Agreement shall be extended by such period.
7.4.Termination of the Agreement: In the event that Edis's inability to fulfill its obligations under this Agreement due to “Force Majeure” or “Unforeseen Event” exceeds 30 (thirty) Business Days; either Party may terminate this Agreement if it wishes.
7.5.Compensation: The Parties agree, declare and undertake in advance and irrevocably that Edis shall not be liable in the event of cancellation or termination of the Agreement due to Force Majeure and/or Unforeseen Event and that they shall not claim compensation, profit deprivation and any similar rights from each other in such a case
8.NOTICE
Notices or other correspondence under this Agreement may be given by hand delivery, facsimile, email, or registered letter with return receipt requested,
And to Edis.
ÇİFTE HAVUZLAR MAH. ESKİ LONDON ASFALTI CAD. KULUÇKA MRK. D2 BLOK No:151 /1F/ 2B03 34220 Esenler - İSTANBUL
Turkey, and/or
To the User
[*Dynamic (user's first and last name)*]
[*Dinamik (user's address)*], Turkey address and/or [*Dinamik (user's telephone number)*], and/or
[*Dynamic (user's email address)*] to email addresses
shall be sent. However; notices and correspondences specified in the Turkish Commercial Code (mainly default, termination and recourse notices) shall be deemed to have been duly made when sent via notary public, registered letter, telegram or registered electronic mail system using secure electronic signature. The parties agree that the above addresses are the legal notification addresses and notifications made to these addresses shall be valid unless the change of address is notified to the other party in writing through a notary public five (5) business days in advance. Notices and/or warnings shall be effective from the day they are deemed to have been served in accordance with Turkish Law.
9. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
Istanbul (Central) Courts and Enforcement Offices are exclusively authorized in the interpretation and execution of this Agreement, including its existence and validity, and in all disputes and disputes arising out of/arising out of this Agreement, and in cases where there is no provision in the Agreement, the provisions of the Consumer Law, the Code of Obligations and other legislation of the Republic of Turkey shall apply.
10. OTHER PROVISIONS
10.1.Confidentiality: The User undertakes not to disclose or disclose any information that may have been obtained as a result of the negotiation, publication and performance of this Agreement without the prior written consent of Edis. In particular, the User undertakes not to disclose or disclose any of the terms or conditions agreed herein to any third party. The exception to this provision is disclosures made upon the requests of official institutions and / or upon the fulfillment of administrative obligations, and Edis has the right to use general information such as gender, age, education status without giving the User's name and surname in its publications such as general statistical information. This issue is expressly accepted by the User.
10.2. Severability of the Agreement: The provisions of this Agreement are severable and if any one of the provisions is held invalid or is canceled or not enforced, this shall not affect the validity of the other provisions of the Agreement.
10.3.Waiver: Failure to exercise or late exercise of any right, authority or privilege set forth in this Agreement by Edis or the User shall in no way constitute a waiver thereof and the exercise of any right, authority or privilege alone or partially shall not prevent the exercise of any other or continuation or any other right, authority or privilege.
10.4. Stamp Duty: Stamp tax arising from this Agreement shall be paid by the User if it arises. If the stamp tax is paid by Edis, Edis has the right to recourse to the User for the amount paid.
11. FINAL JUDGMENT
With the specially organized infrastructure of the Website, the approval for the purchase is asked after the User views the Agreement and gives his/her consent online. The User who completes the membership process by approving the Agreement is deemed to have accepted all the conditions in the Agreement. The User declares, accepts and undertakes that he/she has read, understood and accepted all of the articles in the Agreement and confirms the accuracy of the information provided about himself/herself.