Membership Agreement

1. PARTIES

1.1. This membership agreement ("Membership Agreement") has been concluded between Maxmerter.com, headquartered in Bakırköy/ İSTANBUL, and the Member ("Member") to determine the conditions for the Member to benefit from the Services offered by Maxmerter.com on the Website.

1.2. Maxmerter.com and the Member will be referred to individually as "Party" and collectively as "Parties" in this Membership Agreement.

2. DEFINITIONS

Cookie Policy contains information about the cookies used to ensure the functional functionality of the Website, to improve the shopping experience of Members and to offer content in line with the Members' preferences and tastes in line with the information regarding their visits to the Website, and through the Website (Maxmerter. com) refers to the text that can be accessed.

Privacy and Personal Data Protection Policy regulates Maxmerter.com's general privacy policy regarding personal data, including issues such as for what purposes and in what way Maxmerter.com will use the personal data transmitted by its members through the Website, and through the Website (Maxmerter.com). ) refers to the text that can be accessed.

My Account Page refers to the Member-specific page where the Member can perform the necessary transactions to benefit from various applications and Services on the Website, enter his personal data and information requested on an application basis, and can be accessed only with the username and password determined by the relevant Member. It does.

It refers to the services and applications offered by Maxmerter.com or the business partner determined by Maxmerter.com in order to enable Service Members and Visitors to carry out the work and transactions defined in this Membership Agreement.

Virtual Store refers to the virtual space allocated to Sellers on the Maxmerter.com website in accordance with Maxmerter.com's procedures and rules, where Sellers have the opportunity to publish their advertisements consisting of content and visuals for the sale of one or more products and/or services.

Seller refers to the legal/real person member who is a member of the Website within the scope of the Seller Business Partnership and Advertisement Agreement signed with Maxmerter.com and offers various products and/or services for sale through the advertisements published through the account created on the Website.

Member refers to the real person who becomes a member of the Website within the scope of this Membership Agreement with Maxmerter.com and purchases the products and/or services offered for sale by the Seller through the advertisements placed on the Website.

Website refers to the website, mobile applications and mobile site with the domain name www.maxmerter.com, which is owned by Maxmerter.com and on which Maxmerter.com offers the Services determined by this Agreement.

Visitor refers to the real person who uses the Website and benefits from the Services without being a Member.

3. SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT

3.1. Maxmerter.com operates the Website and is an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce.

3.2. In accordance with the Membership Agreement, the Member wishes to become a member of the Website, benefit from the Services and purchase products and/or services sold in Virtual Stores by the Sellers on this platform.

3.3. The purpose of the Membership Agreement is to determine the conditions for benefiting from the Services and to determine the rights and obligations of the Parties accordingly. With the acceptance of the Membership Agreement by the Member, the Member declares and undertakes that he/she has accepted all statements regarding the Services, usage, content, applications and Members that are and will be included on the Website.

3.4. For the avoidance of doubt, this Membership Agreement is solely between the Parties and covers the forms and conditions for the Services that are and will be included on the Website. The relationship between Members and Sellers is not within the scope of this Membership Agreement and Maxmerter.com is in no way responsible for the relationship between Members and Sellers. Members will be able to assert their rights against Sellers regarding the transactions they will carry out in the Virtual Store within the framework of the Consumer Protection Law No. 6502 and other legislation.

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 in with accurate and up-to-date information. The user who wants to become a member must be over 18 (eighteen) years of age. 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. If there is a dispute as to which person the Membership rights and obligations belong to and Maxmerter.com is requested by such persons in this regard, Maxmerter.com accepts that the last person who paid Maxmerter.com for any Service using the relevant Membership account is the owner of the Membership account, has the right to take action accordingly.

4.3. Maxmerter.com is not a seller of any product or service on the Website and is only an "intermediary service provider" in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and the Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications. Due to being a "hosting provider" in accordance with; It has no responsibility for the content on the Website that has not been published by it, and it has no obligation to check whether the content in question complies with the law. Although Maxmerter.com has no such obligation and at its sole discretion, it has the right to control the content in question at any time and to block access or delete it if deemed necessary. Persons who violate the rights of Maxmerter.com or third parties with any visual, written or other content published on the Website are liable to Maxmerter.com and/or such third parties.

4.4. The Member acknowledges and agrees that in the distance sales contracts to be concluded for purchases from any Sarici via the Website, the Sarici is the seller and he/she is the buyer; Maxmerter.com is not a party to the mentioned distance sales contract relationship; Therefore, he accepts and declares that only the Seller is personally responsible to him in every sense within the scope of the applicable consumer law legislation and other legislation. In this context, the Member is responsible for the quality of all products displayed and sold in the Virtual Store, their compliance with the legislation, the issuance of a warranty certificate, invoicing and delivery of other necessary documents, and the required after-sales service, etc. accepts and declares that the Seller is solely responsible for the services and timely delivery of the products.

4.5. The Member accepts and declares that he/she will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Website, applicable legislation and rules of ethics in the transactions and correspondence carried out on the Website. The Member's legal and criminal liability for the transactions and actions he/she carries out within the Website belongs to him/her.

4.6. Maxmerter.com, upon request of the competent authorities in accordance with the current legislation, may share the Member's information with the relevant authorities, if necessary in accordance with the Personal Data Protection Law No. 6698, by informing the Member in advance and in any case, subject to the data transfer rules.

4.7. Personal data received from Members during membership to the Website and/or during shopping, in disputes arising between Members and/or Sellers on issues that may constitute a crime within the meaning of the Turkish Commercial Code No. 6100, such as forgery, fraud, abuse of the Website, shall be resolved only with the requested subject. In order for the parties to exercise their legal rights, limited to this, if necessary in accordance with the Personal Data Protection Law No. 6698, the relevant person may be informed in advance and in any case, subject to the data transfer rules, the data may be forwarded to other Members and/or Sellers who may be parties to the dispute.

4.8. The username and password information required by the Member to access the My Account Page and perform transactions on the Website are created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The member acknowledges that the transactions carried out with his/her username and password have been carried out by him/her, that the responsibility arising from these transactions belongs to him in advance, and that he cannot raise any defense and/or objection that he did not carry out 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 objection or objection.

4.9. The Member will not use the Website in an unlawful and immoral manner, especially in the cases listed below:

4.9.1. Using the Website to create a database, record or guide on behalf of any person;

4.9.2. Using the whole or part of the Website for the purpose of disrupting, modifying or reverse engineering;

4.9.3. Performing 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 accordance with the Membership Agreement or the applicable using it contrary to legislation, unauthorized use of another Member's account, impersonating someone else or being a party or participant in transactions under a false name;

4.9.4. Comment and scoring systems; Using the comments on the Website for purposes other than the Website, such as publishing comments outside the Website, or for purposes other than manipulating systems;

4.9.5. Spread of viruses or any other technology harmful to the Website, the Website's database, or any content on the Website;

4.9.6. Collecting any information about Members or Sellers, including e-mail addresses, without the permission of the relevant persons or engaging in other practices that would constitute a violation in accordance with the Law on the Protection of Personal Data No. 6698;

4.9.7. Carrying out activities that will create unreasonable or disproportionately large loads on the communications and technical systems determined by the Website or that will damage the technical operation, using automatic programs, robots, web crawlers, spiders, data mining (data mining) on the Website without the prior written permission of Maxmerter.com. Using "screen scraping" software or systems such as ) and data crawling, and thus copying, publishing or using all or part of any content on the Website without permission;

4.9.8. Using the Services, campaigns and advantages offered on the Website in bad faith and for the purpose of gaining unfair advantage, violating the terms of the campaign in bad faith.

4.10. The Member is obliged to carry out the transactions made on the Website in a way that does not cause any technical damage to the Website. The Member must ensure that all information, content, materials and other content provided to the Website are free of any programs, viruses, software, unlicensed products, trojan horses, etc. that may harm the system. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent any contamination. The Member also agrees that he/she will not access the Account Page using robot or automatic login methods.

5. TERMINATION OF THE AGREEMENT

5.1. Any of the Parties may terminate this Membership Agreement unilaterally and without paying compensation at any time. In case of such termination, the Parties will mutually fully perform the rights and obligations incurred until the date of termination.

5.2. Maxmerter.com has the right to suspend, terminate, sue and pursue the membership if it detects that the Member has violated any article of this Membership Agreement or has a reasonable suspicion of this.

6. PRIVACY AND PROTECTION OF PERSONAL DATA

6.1. Maxmerter.com attaches importance to the processing, security and protection of the personal data provided by the Member through the Website in order to benefit from the Services offered on the Website, in accordance with all legislation, including the Personal Data Protection Law No. 6698. In this context, Maxmerter.com collects, uses, transfers and otherwise processes the personal data provided by the Member in accordance with the Privacy and Personal Data Protection Policy and Cookie Policy on the website. The Member can always review the Privacy and Personal Data Protection Policy on the Website to obtain more information about the conditions regarding the use of his personal data and his rights in this regard, and by sending an e-mail to kisiselverilerim@maxmerter.com as specified herein or He understands that he can also use it with other methods specified in the Application Form on the Website.

6.2. Personal data shared by the Member for the purpose of creating a Membership on the Website or benefiting from the Website; Fulfilling the obligations determined by the Membership Agreement, carrying out the applications required for the operation of the Website, providing and offering various advantages to the Member or Visitor, carrying out payment transactions, order deliveries, performing customer services and complaint tracking transactions, and Member-specific advertising, sales, It is collected, stored and processed by Maxmerter.com or its business partners in accordance with the Privacy and Personal Data Protection Policy and Cookie Policy for the purpose of marketing, surveys, all kinds of electronic communication for similar purposes, profiling and statistical studies. In addition, these personal data will be shared with Maxmerter.com affiliates in order to offer special advantages to the Member and to communicate with the Member, provided that the obligations arising from the Personal Data Protection Law No. 6698 and other relevant legislation are fulfilled in order to carry out sales, marketing and similar activities.

7. INTELLECTUAL PROPERTY RIGHTS

Maxmerter.com brand and logo, the design, software, domain name of the Maxmerter.com mobile application and the Website and all kinds of brands, designs, logos, trade dress, slogans and all other content created by Maxmerter.com regarding them. It is the property of Maxmerter.com with all its intellectual property rights. Member cannot use, share, distribute, exhibit, reproduce or create derivative works of intellectual property rights owned by Maxmerter.com or its affiliates without the permission of Maxmerter.com. The Member cannot use the whole or part of the Maxmerter.com mobile application or the Website in any other environment without the permission of Maxmerter.com. If the Member acts in a way that violates the intellectual property rights of third parties or Maxmerter.com, the Member is obliged to compensate all direct and indirect damages and expenses of Maxmerter.com and/or the third party in question.

8. CONTRACT CHANGES

Maxmerter.com, at its sole discretion, may terminate this Membership Agreement and any policies, terms and conditions on the Website, including the Privacy and Personal Data Protection Policy and Cookie Policy, at any time it deems appropriate. It may change it unilaterally by announcing it on the Website, provided that it does not contradict the provisions of the applicable legislation. The changed provisions of this Membership Agreement will become valid on the date they are announced on the Website, and the remaining provisions will remain in force and continue to produce their provisions and consequences. For the avoidance of doubt, this Membership Agreement cannot be changed unilaterally by the Member.

9. FORCE MAJEURE

Uprising, embargo, state intervention, rebellion, occupation, war, mobilization, strike, lockout, labor actions or boycotts, including employee-employer disputes, cyber attack, communication problems, infrastructure and internet failures, system-related improvement or renewal works and these Malfunctions that may occur due to power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events that occur beyond the control of Maxmerter.com, are not caused by its fault and cannot be reasonably foreseen ("Force Majeure") Maxmerter. If com prevents or delays the performance of its obligations arising from this Membership Agreement, Maxmerter.com cannot be held responsible for its obligations whose performance is prevented or delayed as a result of Force Majeure, and this cannot be considered a violation of this Membership Agreement.

10. MISCELLANEOUS PROVISIONS

10.1. Evidence contract. Member acknowledges that, in case of disputes that may arise from this Membership Agreement, Maxmerter.com official books and commercial records, e-archive records, electronic information, electronic correspondence and computer records kept in Maxmerter.com database and servers will constitute binding, definitive and exclusive evidence and that accepts that the article is in the nature of an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.

10.2. Applicable Law and Dispute Resolution. This Membership Agreement will be exclusively subject to the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement will be under the exclusive jurisdiction of Istanbul Central (Çağlayan) Courts and Enforcement Offices.

10.3. Notification Maxmerter.com will communicate with the Member via the e-mail address provided by the Member when registering or by calling and sending SMS to the phone number. The member is responsible for keeping their e-mail address and telephone number up to date.

10.4. Integrity and Severability of the Membership Agreement. This Membership Agreement constitutes the entire agreement between the Parties regarding the subject. If any provision of this Membership Agreement is determined to be wholly or partially invalid, unenforceable or unreasonable by any competent court, arbitration panel or administrative authority, this Membership Agreement will be deemed severable and to the extent of such invalidity, unenforceability or unreasonableness. Other provisions will remain in full force and effect.

10.5. Transfer of Membership Agreement. The Member will not be able to assign his rights or obligations in this Membership Agreement, in whole or in part, without the prior written consent of Maxmerter.Maxmerter.com.

10.6. Amendment and Waiver. Failure of a Party to exercise or enforce any right granted to it in the Membership Agreement will not mean that it has waived that right or will not prevent the subsequent use or enforcement of that right.

This Membership Agreement, consisting of 10 (ten) articles, has entered into force after the Member has read and fully understood each provision and approved it electronically.