Current Changes in Our Membership Agreement
Some changes have been made in our Membership Agreement within the scope of the Personal Data Protection Law No.6698. Below you can find brief information about the changes in our "Privacy and Cookie Policies" amended under the Law on Protection of Personal Data.
- By adding the definition of "Guest" * to the Membership Agreement, it is stated that the necessary information can be obtained and processed in order to offer certain advantages to users who enter ottomobilim.com without being a member.
- 1.1. This membership agreement ("Membership Agreement") is Karakaya Kardeşler Innovation and Digital Services, headquartered at Atakent Mahallesi 1.Etap 4.Zge Sutek A8 Küçükçekmece / Istanbul. ("KK") and the Member ("Member") to determine the conditions for the Member to benefit from the Services offered by the KK on the Website.
- 1.2. KK and the Member will be referred to individually as the "Party" and collectively as the "Parties" in this Membership Agreement.
- My Account Page is exclusive to the Member that can only be accessed by the user name and password specified by the relevant Member, where the Member can perform the necessary actions in order to benefit from the various applications and services on the Website, enter his personal data and information requested from him on the basis of the application refers to the page.
- Service refers to the services and practices offered by the KK or the business partner determined by the KK or the KK in order to enable the Members and Visitors to perform the business and transactions defined in this Membership Agreement.
- Member refers to the real person who is a member of the Website within the scope of this Membership Agreement with KK and purchases the products and / or services offered for sale by the Seller through the advertisements on the Website.
- Website refers to the website, mobile applications and mobile site with the domain name www.ottomobilim.com, the property of which belongs to the KK and which the KK provides on the Services specified by this Agreement.
- Refers to the real person who uses the Visitor Website without being a member and benefits from the Services.
Scope and Purpose of the Membership Agreement
- 3.1. KK operates the Website and is an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce.
- 3.2. Pursuant to the Membership Agreement, the Member wishes to become a member of the Website, to benefit from the Services and to purchase the products and / or services sold in the 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 kinds of statements regarding the Services, usage, content, applications and Members on the Website.
- 3.4. 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 take place on the Website. Relationship between Members and Sellers is not covered by this Membership Agreement and KK is in no way responsible for the relationship between Members and Sellers. Members will be able to seek their rights within the framework of other legislation, especially the Law No. 6502 on the Protection of the Consumer, against the Sellers regarding the transactions they will perform from the Virtual Store.
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 accurate 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 while filling the Membership Agreement is personally responsible for all damages that may arise for this reason.
- 4.2. In the event that there is a dispute about the person belonging to the membership rights and obligations and the said persons make a request from the KK, the KK accepts that the last person who made a payment to the KK for any Service using the relevant Membership account is the owner of the Membership account. has the right to process.
- 4.3. KK is not in the position of a seller of any product or service on the Website and only "intermediary service provider" in accordance with the Law No.6653 on the Regulation of Electronic Commerce and in accordance with the Law No.5651 on the Regulation of Broadcasts on the Internet and the Fight Against Crimes Committed through These Publications. Since it is a "hosting provider"; He has no responsibility for the content on the website that has not been published by him, and he has no obligation to check whether the content in question is in accordance with the law. Although KK has no such obligation and at its sole discretion, it has the right to check the content in question at any time and, if deemed necessary, to close or delete it. Persons who violate the rights of the KK or third parties with any visual, written or other content posted on the website are liable to the KK and / or the third parties in question.
- 4.4. The Member declares that the Seller is the seller party and he is the buyer party in the distance sales contracts to be concluded in the purchases from any Seller through the Website; KK is not a party to the said distance sales contract relationship; therefore, it accepts and declares that the Seller is solely responsible in all respects within the scope of the current consumer law and other legislation. In this context, the Member, the quality of all products exhibited and sold in the Virtual Store, the compliance with the legislation, the issuance of warranty certificate, invoicing and the delivery of other necessary documents and after-sales service etc. accepts and declares that only the Seller is responsible for the services and delivery of the products on time.
- 4.5. The Member accepts and declares that he / she will act in accordance with the provisions of this Membership Agreement, all the conditions specified on the Website, the legislation in force and the moral rules in the transactions and correspondence performed on the Website. The legal and criminal responsibility for the transactions and actions taken by the Member on the Website belongs to him.
- 4.6. Upon the request of the competent authorities in accordance with the current legislation, the KK may share the information of the Member with the said authorities by informing the Member in advance and in any case subject to the data transfer rules, if necessary in accordance with the Personal Data Protection Law No. 6698.
- 4.7. Personal data received from Members during membership to the Website and / or during shopping, fraud, fraud, misuse of the Website, disputes between Members and / or Sellers that may constitute a crime within the meaning of the Turkish Commercial Code numbered 6100, only with the requested subject. In order for the parties to exercise their legal rights, the relevant person may be informed in advance and in any case subject to data transfer rules, to other Members and / or Sellers who may be a party to the dispute.
- 4.8. The user name and password information required by the Member in order to access the My Account Page and perform transactions on the Website is created by the Member, and the security and confidentiality of such information is entirely under the responsibility of the Member. Member, own username and password ithat the transactions carried out by him / her, that the responsibility arising from these transactions belongs to him in advance, that he / she cannot make any plea and / or objection that he / she did not perform the work and transactions performed in this way and / or to fulfill his obligations based on this defect it accepts, declares and undertakes that it will not avoid.
- 4.9. The Member is obliged to carry out the transactions made on the Website in a way that will not technically damage the Website. The Member shall not allow any information, content, material and other content to be provided to the Website to damage any program, virus, software, unlicensed product, trojan horse etc. It accepts and undertakes that it takes all necessary measures, including using the necessary protective software and licensed products, to prevent it from being included The member also agrees that he will not enter the Account Page using robot or automatic login methods.
Termination of Agreement
- 5.1. Any of the parties can always terminate this Membership Agreement unilaterally and without compensation. In the event of such termination, the Parties shall fully mutually fulfill their rights and debts arising until the termination date.
- 5.2. KK has the right to suspend, terminate, sue and pursue membership if it detects that the Member has violated any article of this Membership Agreement or has a reasonable doubt about it.
Privacy and Protection of Personal Data
Intellectual Property Rights
- ottomobilim.com brand and logo, ottomobilim.com mobile application and Website's design, software, domain name and all kinds of brands, designs, logos, trade dress, slogans and all other content related to these created by KK. It is the property of KK with all kinds of intellectual property rights. The member cannot use, share, distribute, exhibit, reproduce or make works derived from the intellectual property rights subject to the property of the KK or its affiliated companies without the permission of the KK. The Member cannot use the ottomobilim.com mobile application or the Website in any other environment, in whole or in part, without the permission of KK. In the event that the Member acts in a way that violates the intellectual property rights of third parties or the KK, the Member is obliged to compensate all direct and indirect damages and expenses of the KK and / or the said third party.
- Employee-employer disputes, including uprising, embargo, state intervention, riot, occupation, war, mobilization, strikes, lockouts, business actions or boycotts, cyber attack, communication problems, infrastructure and internet failures, system-related improvement or innovation operations and malfunctions that may occur due to this reason, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or any other natural disaster or other events beyond the control of the KK, not caused by its fault and that cannot be reasonably predicted ("Force Majeure" ) If the QC prevents or delays the fulfillment of its obligations arising from this Membership Agreement, the QC cannot be held responsible for its obligations that are blocked or delayed as a result of Force Majeure and this situation cannot be considered as a violation of this Membership Agreement.
- 10.1. Evidence agreement. In the event of disputes that may arise from this Membership Agreement, the Member shall constitute binding, conclusive and exclusive evidence of the official books and commercial records of the KK and the e-archive records kept in the database and servers of the KK, electronic information, electronic correspondence and computer records, and this accepts that the article is an evidence contract within the meaning of article 193 of the Code of Civil Procedure numbered 6100.
- 10.2. Applicable Law and Resolution of Disputes. This User 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 the Istanbul Central (Çağlayan) Courts and Execution Directorates.
- 10.3. Notification KK will communicate with the Member through the e-mail address provided by the Member during registration or by making a call to the phone number and sending an SMS. The member is obliged to keep his e-mail address and phone number up to date.
- 10.4. Integrity and Severability of the Membership Agreement. This Membership Agreement constitutes the entire agreement between the Parties on the subject. In the event that any provision of this Membership Agreement is determined to be totally or partially invalid or unenforceable or unreasonable by any competent court, arbitral tribunal or administrative authority, this Membership Agreement shall be deemed severable to the extent of such invalidity, inapplicability or unreasonableness; and other provisions will remain in full force and effect.
- 10.5. Transfer of Membership Agreement. The member will not be able to assign all or part of his rights or obligations in this Membership Agreement without the prior written consent of the QC.
- 10.6. Amendment and Disclaimer. Failure of one of the parties to exercise or to execute any right granted to it in the Membership Agreement will not mean that it has waived or prevent the subsequent use or execution of that right.
- This Membership Agreement, consisting of 10 (ten) articles, entered into force by the Member by reading each provision and being approved in the electronic environment after being fully understood.