1. PARTIES
1.1. This membership agreement is headquartered at Reşitpaşa Mah. Katar Cad. İTÜ ARI 1 Teknokent Binası No: 2 /5 / 33 Sarıyer / İSTANBUL" SİTE FINANSAL TEKNOLOJİ VE HİZMETLER ANONİM ŞİRKETİ (TIN: 7710598068) ("Finteo " or "Company”) and the Member ("Member") for the purpose of determining the conditions for the Member to benefit from the Services offered by Finteoon its website. Finteoand the Member shall be referred to in this Membership Agreement ("Agreement") individually as "Party" and jointly as "Parties".
This Agreement will be deemed to have been established and entered into force the moment the user clicks the "I Accept the Membership Agreement" button in the electronic environment and the acceptance declaration is recorded in records. This Agreement imposes rights and obligations on the parties regarding Finteo and the parties declare that they will fulfill the rights and obligations mentioned when they accept this Agreement completely, accurately, timely and within the requested conditions.
2. DEFINITIONS
Cookie Policy refers to the text that contains information about the cookies used to ensure the functional functionality 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 regarding their visits to the website and which can be accessed via www.finteo.com.tr.
General Data Protection Statement refers to the text that regulates Elvan Lapis Jewellery's general policy on personal data, including issues such as the purposes and manner in which the personal data transmitted by the Members through the website will be used by Finteo and can be accessed via www.finteo.com.tr.
My Account refers to the Member-specific page where the Member can perform the necessary transactions in order to benefit from various applications and Services on the website, enter his/her personal data and information requested from him/her on the basis of the application, which can only be accessed with the username and password determined by the relevant Member.
Service refers to the products and services offered by Finteo or the business partner determined by Finteo in order to enable Members and Visitors to perform the business and transactions defined in this Membership Agreement.
Member refers to the real person who becomes a member of the Website within the scope of this Membership Agreement with Lapis Jewellery and purchases the products and / or services offered for sale through the advertisements provided by the Seller on the Website.
Website refers to the website with the domain name www.finteo.com.tr, the ownership of which belongs to Finteo and on which Finteo offers the Services specified in this Agreement.
3. SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT
3.1. Pursuant to the Membership Agreement, the Member wishes to become a member of the website, benefit from the services and purchase the products and/or services sold by Finteo on this platform.
3.2. The purpose of the Membership Agreement is to determine the conditions for the use of the services and to determine the rights and obligations of the parties in this respect. 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 that are and will be included on the website.
3.3. For the avoidance of doubt, this Membership Agreement is only between the Parties and covers the terms and conditions for the services that are and will be available on the website.
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 the age of 18 (eighteen). The Member who does not provide accurate and up-to-date information when filling out the Membership Agreement is personally responsible for all damages that may arise for this reason.
4.2. In order to benefit from the special offers, advantages, discounts, services and campaigns offered at Elvan Lapis Jewellery, membership to Finteo and member login is required. It is the Member's responsibility to ensure that the membership information is not intercepted by third parties and that Finteo is used only by the Member, and Finteo has no obligation to supervise.
4.3. In case there is a dispute about which person the membership rights and obligations belong to and in case such persons request Finteo in this regard, Finteo accepts that the last person who paid Finteo for any Service using the relevant Membership account is the owner of the Membership account and has the right to act accordingly.
4.4. The Member accepts and declares that he / she will act in accordance with the provisions of this Membership Agreement, all conditions specified on the website, applicable legislation and ethical rules in transactions and correspondence on the website. The legal and criminal responsibility for the transactions and actions of the Member within the Website belongs to him/her. In this context, since it cannot be determined by Finteo that the transactions and actions to be carried out from the Member's account are carried out by the Member personally or vice versa, the legal and criminal responsibility for the transactions and actions that occur in case of any unauthorized access will belong to the Member.
4.5. Finteo will be able to share the Member's information in its possession with the competent authorities upon the request of the competent authorities in accordance with the applicable legislation, by informing the Member in advance if necessary in accordance with the Law No. 6698 on the Protection of Personal Data ("Law No. 6698") and in any case subject to the data transfer rules.
4.6. In cases where it is mandatory to disclose the personal data and information received from the Members during membership and/or shopping on the website, the Member shall not hold Finteo responsible. Finteo declares that it will duly process the personal data belonging to the Member, who is a party to the Agreement, within the framework of its primary and secondary obligations arising from Law No. 6698 for the purpose of execution and establishment of this Agreement, that it will ensure data security to prevent unlawful processing, access and disclosure of the personal data of the Member and to ensure its preservation, and that adequate technical and administrative measures have been taken in this context. Finteo will also delete, destroy or anonymize the data whose purpose of processing has been eliminated by complying with the periods stipulated in other laws. By approving this Agreement, the Member accepts, declares and undertakes that he/she has been informed by Finteo about the processing of personal data in accordance with Law No. 6698.
4.7. The e-mail address and password information required by the Member to access My Account and to perform transactions on the website are created by the Member and the security and confidentiality of such information is the sole responsibility of the Member. Multiple memberships cannot be created with the same e-mail address. The Member accepts, declares and undertakes that the transactions carried out with the e-mail address and password belonging to him/her are carried out by him/her, that the responsibility arising from these transactions belongs to him/her in advance, that he/she will not assert any defenses and/or objections that he/she did not carry out the works and transactions carried out in this way and/or that he/she will not refrain from fulfilling his/her obligations based on such defenses or objections.
4.8. The Member shall not use the Website in a manner contrary to the law and morality, especially in the cases listed below. Otherwise, he/she is fully responsible for the damages that may occur and his/her account may be suspended, terminated and legal proceedings may be initiated against him/her:
4.8.1. Use of the website to create a database, record or directory on behalf of any person;
4.8.2. Use of all or part of the website for the purpose of disrupting, modifying or reverse engineering;
4.8.3. Making transactions using false information or another person's information, creating unreal Membership accounts by using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information, and using these accounts in violation of the Membership Agreement or applicable legislation, using another Member's account without permission, becoming a party or participant in transactions by replacing someone else or under a false name;
4.8.4. Use of the comment and rating systems for purposes other than the website, such as publishing comments on the website outside the website, or for purposes other than using the systems to manipulate the systems;
4.8.5. The spread of viruses or any other technology that damages the website, the database of the website, any content on the website;
4.8.6. Collecting any information about the members, including their e-mail addresses, without the consent of the relevant persons or engaging in other practices that would constitute a violation in accordance with Law No. 6698;
4.8.7. Engaging in activities that will create unreasonable or disproportionately large loads on the communications and technical systems determined by the website or damage the technical functioning, using "screen scraping" software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling on the website without the prior written permission of Finteo and copying, publishing or using all or part of any content on the website without permission;
4.8.8. Using the services, campaigns and advantages offered on the website in bad faith and for the purpose of providing unfair benefit, violating the campaign conditions in bad faith,
4.8.9. Producing and sharing content that is against general morality and decency, against the law, damaging the rights of third parties, misleading, offensive, obscene, pornographic, damaging personal rights, violating copyrights, promoting illegal activities in activities or communications within Elvan Lapis Jewellery
4.9. The Member is obliged to carry out the transactions on the website in a way that will not technically damage the website in any way. The Member accepts and undertakes that he/she has taken all necessary measures, including using the necessary protective software and licensed products, to ensure that all information, content, materials and other content to be provided to the website do not contain any programs, viruses, software, unlicensed products, trojan horses, etc. that may damage the system. The Member also agrees that he/she will not enter My Account via robot or automatic login methods.
4.10. Members' relations with each other or third parties are their own responsibility. Finteo does not guarantee the accuracy and reliability of the information transferred from other websites or linked sites or other linked websites and does not assume any legal responsibility.
5. TERMINATION OF THE CONTRACT
5.1. Finteo may, by its sole and unilateral decision, cease to provide the service subject to this Agreement to its members and terminate the service provision. In this case, the Member shall not claim any right or consideration from Finteo under any name.
5.2. Finteo reserves the right to suspend, terminate, cancel membership to Finteo without prior notice, together with the right to reject, remove, delete the information available in the system, whether or not the violation is fully realized, in the event of an attempt by the Member to violate the Agreement or to use it in a different way than intended. Elvan Lapis Jewellery's failure to exercise or enforce any legal right or measure written herein does not mean that it waives its rights or accepts the violation.
5.3. If the Member wishes to terminate this Agreement, he/she may terminate his/her membership through the Account Details tab in the My Account section without any restrictions. When the Member unilaterally terminates his/her membership, he/she may request the deletion, destruction or anonymization of his/her personal data provided under this Agreement[CB2]
6. PRIVACY and PERSONAL DATA PROTECTION
6.1. Finteo attaches great importance to processing, securing, and protecting the personal data provided by the Member through the website in accordance with all applicable legislation, including Law No. 6698, in order for the Member to be able to use the services offered on the website. In this context, Finteo collects, uses, transfers, and processes personal data provided by the Member in accordance with the General Information Notice, the Information Notice on Membership and Sales Processes, and the Cookie Information Notice available on the website. The Member understands that they may review the information notices available on the website at any time to obtain further information about the conditions for the use of their personal data and their rights in this regard, and that they may exercise their rights by sending an email to kvkk@finteo.com.tr or by using the other methods specified in the Data Subject Application Form available on the website www.finteo.com.tr
6.2. Personal data shared by the Member in order to create a Membership on the website or to benefit from the website; It is collected, stored and processed by Finteo or its business partners in accordance with the Cookie Information Text in order to fulfill the obligations specified in the Membership Agreement, to carry out the applications required for the operation of the website, to provide and offer various advantages to the Member, to carry out payment transactions, to make order deliveries, to carry out customer service and complaint tracking.
7. DECLARATIONS AND COMMITMENTS OF THE PARTIES
7.1. The Member accepts and undertakes that the services offered by Finteo in compliance with the Law No. 5846 on Intellectual and Artistic Works can only be used for individual purposes within the scope of the terms of this Agreement and that no authority not expressly stated in the Agreement has been transferred to the Member. The fact that Finteoprovides services within the scope of this Agreement does not mean that Finteo gives any commitment or guarantee to the Member regarding the supply of hardware and/or software or the proper functioning of the existing hardware and/or software.
7.2. All registered or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information and method in Finteo belong to Finteoand are under the protection of national and international law. Visiting Finteo or utilizing the services at Finteo does not give rise to any rights regarding the intellectual property rights in question. The information contained in Finteo may not be reproduced, published, copied, presented and/or transferred in any way. The whole or part of Finteo may not be used in any other application without permission.
7.3. Finteo may contain third party content and links to other websites that are completely independent of Elvan Lapis Jewellery. Although the information and quotations of third parties on Finteo are for promotional or convenience purposes, the Member acknowledges and accepts that Finteo does not have any commitment or responsibility regarding this information and content. Finteo and/or the owners of this content have the right to change the content and its conditions without notice.
7.4. Finteo may temporarily suspend or completely stop the operation of the website and the provision of services at any time for reasons arising from technical problems and/or developments. The Member accepts and undertakes that he/she will not claim any compensation and similar rights and costs under any name from Finteo due to the temporary suspension of the services for this reason.
7.5. The Member may be subject to interruptions in the service and security problems due to interruptions in the service due to interruptions in the internet, speed decrease and similar reasons and / or the emergence of a general confusion in the country, war, terrorism, strike, general power outage, earthquake, flood, state of emergency, cyber attack, virus infection of devices, technical failures that may occur at service / service providers, maintenance work, Finteo accepts and undertakes that Finteo shall not be responsible for software problems, incompatibility of the Member's device and the website, all kinds of disruptions and interruptions in electronic-voice communication and communication, orders and prohibitions of the competent authorities, the need to comply with the provisions of the mandatory law or any similar force majeure.
7.6. The services offered by Finteo are provided on an "as is" and "as available" basis and no warranties of any kind, express or implied, statutory or otherwise, with respect to the services or the website (including all information contained therein), including all implied warranties of merchantability, fitness for a particular purpose or non-infringement.
8. CONTRACT AMENDMENTS
Finteo may, at its sole discretion, unilaterally change this Membership Agreement and any text, terms and conditions, including the Cookie Information Text on the website, at any time it deems appropriate, by announcing it on its website, provided that it is not contrary to the provisions of the legislation in force. With the announcement date, the Member shall be deemed to have accepted these changes. The amended provisions of this Membership Agreement shall become effective on the date they are announced on the website, and the remaining provisions shall remain in full force and effect and shall continue to give rise to their provisions and consequences. For the avoidance of doubt, this Membership Agreement cannot be changed unilaterally by the Member.
9. MISCELLANEOUS PROVISIONS
9.1. Evidence agreement. The Member agrees that the official books and commercial records of Finteo and the e-archive records, electronic information, electronic correspondence and computer records kept in the database and servers of Finteo shall constitute binding, conclusive and exclusive evidence in disputes that may arise from this Membership Agreement and that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
9.2. Applicable Law and Dispute Resolution. This Membership Agreement shall be exclusively governed by the laws of the Republic of Turkey. Any dispute arising out of or in connection with this Membership Agreement shall be under the exclusive jurisdiction of the Istanbul Central Courts and Enforcement Directorates. In addition, the Member will be able to apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where he / she purchased the goods or services or where his / her residence is located within the monetary limits determined by the Ministry. The complaint and objection procedures stipulated by Law No. 6698 are reserved for requests regarding personal data.
9.3. Integrity and Severability of the Membership Agreement. This Membership Agreement constitutes the entire agreement between the Parties regarding the subject matter. If any provision of this Membership Agreement is held to be invalid or unenforceable or unreasonable in whole or in part by any competent court, arbitration tribunal or administrative authority, this Membership Agreement shall be deemed severable to the extent of such invalidity, unenforceability or unreasonableness, and the other provisions shall remain in full force and effect.
9.4. Transfer of the Membership Agreement. The Member shall not assign its rights or obligations under this Membership Agreement in whole or in part without the prior written consent of Elvan Lapis Jewellery.
9.5. Amendment and Waiver. The failure of either party to exercise or enforce any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the subsequent exercise or enforcement of such right.