The subject of this buyer membership contract is, the determination of rights and obligations of parties in services offered by EMA TEKSTİL located in Sırakapılar mah. 1522 sok No:2 DENİZLİ on their website and benefits of BUYER offered in their website www.ikikiz.com , between the BUYER who is a member of the website and EMA TEKSTİL. The Buyer acknowledges that it has read the whole of the Purchaser's Agreement, understands the content entirety and approves all its provisions.
Service/Services: Applications put forward by “EMA TEKSTİL” for "BUYER" members to perform their business and operations that is defined in this agreement.
User/Users: "Real and legal persons that access the “Website”.
Website: "EMA TEKSTİL”s web site that it offers its “Services” in scope of this agreement that can be accessed from the domains and subdomains of www.ikikiz.com domain .
Member/Members: "Website" members, real and legal persons benefiting from content, applications and “Services” located in the "Website".
Buyer: “Member”, real or legal persons who purchases goods and/or services offered by “Seller” on the website.
Seller: Legal entitiy “Member” who offers goods and/or services on the "Website".
Online Shop: “Service” provided on the “Website where “Seller”s can publish ads related to goods and/or services in a section specifically dedicated for them and may have other opportunities as determined by “EMA TEKSTİL” which detailed features of “Website” is provided through relevant section of the “Website”.
Member Page: A specific page for the “Buyer” which can be accessed with a user name and password determined by the “Buyer” where the “Buyer” can perform the necessary procedures to be able to benefit from variety of applications and “Services” that “Buyer” submit his/her personal information and information requested in application basis in the “Website”
The subject of the contract is the determination of the terms and conditions for the use of the services provided by "EMA TEKSTİL" on the "Website" for the "Buyer" to benefit from these services, and the determination of the rights and obligations of the parties in this respect. The scope of the contract is the determination of the terms and conditions of all the "Services", applications and content contained in the "Website" and all "Members", "Uses", "Contents", "Applications", "Services" provided by "EMA TEKSTİL" And any declarations made to the users and users shall be deemed to be an integral part of this contract. The acceptance of this contract by the “Buyer” indicates that he/she accepts any declaration of use of “Services”, use, contents, applications that “EMA TEKSTİL” provides and will be providing in the “Website”
4.1. In order for the "Buyer" status to be acquired, the "Buyer" who wants to become a member must fill out the membership form found on the "Website" by completing the EMA TEXTILE Usage Contract, filling in the information requested in the membership form with the actual information, And the "User" who wants to become a member must be 18 years old if he or she is a real person, and the membership application must be evaluated and approved. Upon completion of the approval process and notification to the Purchaser, the "Buyer" status begins and thus the "Buyer" is entitled to the rights and obligations set forth in the contract and the respective places of the "Website". "User" is responsible for all damages that may arise due to the misinformation provided and conditions of membership are not in accordance with the facts. "Buyer" rights and obligations arise solely on the person who applied to become "Buyer" and the "Buyer" may not, in whole or in part, transfer such rights and obligations to any third party. In the case of a dispute of “Buyer”’s rights and obligations belong to which real or legal persons and relevant people request from “EMA TEKSTİL”, “EMA TEKSTİL” will be accepting and acting according to the last real or legal persons relevant membership account that made a payment to “EMA TEKSTİL” for any “Service” using the relevant account. In such case, “EMA TEKSTİL” reserves the right to act independently from the rules stated in this article in terms of membership information, member transactions and similar information.
4.2. In the event the “Buyer” wants to start any legal procedure or purchasing process for the ads shown on the “Website”, the “Buyer” declares and accepts that he/she must satisfy all legal obligations and legal procedures, and “EMA TEKSTİL” does not have any information and responsibility with respect to such obligations and procedures.
4.3. “Buyer” commits and accepts that all the information, content and advertisements uploaded to the “Website” by himself/herself are correct and legal; will not contain defamation, disparagement, bad reputating declaration, insult, slander, threat or harassment, the display of this information and contents on the “Website” or sales of goods and services specified in the advertisements does not violate the law, and has the all rights and authorities on publishing the related contents containing relevant goods and services.
4.4. “Buyer” accepts and understands that he/she will be acting in accordance with the terms and conditions with the applicable legislation and rules of ethics of this agreement while “Member” and “User” status in all transactions and messaging, and has to complete transactions on the “Website” done by himself/herself must meet the measures and procedures required by the legislation relating to advertisers, sellers, taxpayers. Every transaction and action by the "Buyer" in the "Website" belongs to the legal and penal responsibility.
4.5. "EMA TEKSTİL", will share the information of the "Buyer" itself with the relevant authorities if requested by the competent authorities in accordance with the applicable legislation. This information may be communicated to other users who may be party to the dispute, including, but not limited to, the sole discretion of other users to exercise their legal rights.
4.6. The "User" and "User" information required by the "Buyer" to access the "Buyer Member Profile Page" and perform certain transactions through the Website are created by the Buyer, and the security and confidentiality of such information is entirely the responsibility of the Buyer. "Recipient" means that the transactions performed by the user name and password are carried out by him / herself, and that his / her responsibility arising from these transactions is his / her own; Declares and undertakes that it will not refrain from carrying out any work and / or objection in the way that it does not perform its work and / or to fulfill its obligations on the basis of this def or revocation.
4.7. "EMA TEKSTİL" does not allow and does not consent their “Website” to be used in any unlawful way, content’s entire or partial obtain, copying, processing, use and linking to any content on the “Website”. Also, “EMA TEKSTİL” does not allow and does not consent their “Website” to be used in following ways:
Usage of “Website” by “Buyer” or another third person in order to create a database for himself/herself or another person, create a record or company, control, update and change;
Breaking of any part or the whole of the change of the “Website”, in order to make use of reverse engineering;
Incorrect information or using another user's information using the procedure done, inaccurate or misleading personal information, residential address, email address, contact, payment and account creation with false user accounts by providing information and websites in a way contrary to the law on these accounts The use of another user's account without permission, substitution or misappropriation of another user's account or participation in or participation in a wrong name operation, or account creation;
Usage with any kind of illegal or cheating purpose of the Web site;
Personal privacy and copyright, including the broadcast rights taken, legally protected or "Website" or 3rd party owned content’s whole or partial unauthorized use of content, copy, modify, transmit, placing new one instead;
To intervene to manipulate the price of any transaction or other users’ the transactions;
Usage of review and scoring system for the purposes other than the regular Website usage;
Chain letters, or unsolicited email (spam) spread;
Virus or any spread of the technology to the website, the Website's database, damaging any content contained on the Website;
Any information collection about "User"s about without their permission, including e-mail addresses;
Unreasonable or disproportionally large load on the communications and technical systems determined by the "Website";
Copying and publishing, using of entire or partial content by using automatic program, robot, web crawler, spider, data mining, data crawling and such “screen scraping” software without getting the written permission of “EMA TEKSTİL” prior to use;
It is against the law to use the "Website" and the content on the "Website" beyond the limits of use specified by this contract; "EMA TEKSTİL" reserves the right to demand, litigation and follow-up.
4.9 “Buyer” and accepts that he/she takes all measures to avoid virus, spyware, malware, Trojans etc spread to the “Website” by himself/herself.
Buyer shall not resell, share, distribute, exhibit, reproduce, make derivative works or prepare or permit anyone else to access or use any of the services provided through the Website, EMA TEKSTİL’s information and EMA TEKSTİL’s copyrighted works; Otherwise, they will be liable to cover all other liabilities including, but not limited to, the amount of compensation requested by EMA TEKSTİL for damages suffered by third parties, including but not limited to licensors, and court fees and attorneys' fees.
EMA TEKSTİL, EMA TEKSTİL SERVICES, EMA TEKSTİL INFORMATION, EMA TEXTILE copyrighted works, EMA TEXTILE trademarks, EMA TEXTILE commercial view or any website, including all material and intellectual property rights, including all property rights, Personal rights, trade information and know-how are reserved.
"EMA TEKSTİL" may, at its sole discretion and unilaterally, amend this Agreement by posting at any time on the "Website". The changing provisions of the contract will be valid on the date they are proclaimed and the remaining provisions will remain in effect and will continue to have consequences. This Contract may not be replaced by unilateral declarations of the "Buyer".
EMA TEKSTİL is not responsible for any late or incomplete performance or performance of any of the actions set forth in this Agreement, in all cases deemed legally coercive. In case of force majeure; Delay, incomplete performance or non-performance or default or the Buyer shall not be entitled to any compensation under EMA TEKSTİL for any of these cases. Coercive reason; EMA TEXTILE ', including, but not limited to, natural disasters, riots, war, strikes, cyber attacks, communication problems, infrastructure and internet failures, system improvement or refurbishment work, interpreted as unavoidable inevitable events, except in the case of reasonable control and with due diligence.
Turkish law shall be enforced in the implementation, interpretation and management of legal relations arising under this contract. The Istanbul Central Courts and Execution Offices are authorized in the event of any dispute arising out of or in connection with this contract.
"BUYER" means that EMA TEXTILE's electronic and system records, commercial records, notebook records, microfilm, microfiche and computer records kept in its database shall be the final and binding evidence, "EMA TEKSTİL" And that this article is in the nature of a contract of evidence in the meaning of Article 193 of the Treaty.
Any invalidity, breach of law and non-compliance with any provision of this contract will not affect the validity and validity of the remaining provisions of the contract.
Buyers will be contacted via e-mail notified by registration, or via general information on the Website. E-mail communication keeps the place of written communication. It is the buyer's responsibility to keep their e-mail address up-to-date and to regularly check the Website to inform them.
Acceptance, declaration and commitment of the buyer as of the date of membership, will confirm that this contract is approved in electronic environment and will be bound by contract provisions during membership period.