1. THE PARTIES
This Membership Agreement ("Agreement"); was concluded for the determination the conditions regarding the Member's use of the Services provided by CHEKICH among www.CHEKICH.com and owner of mobile device applications and 6112 Sk. No: 38 Egemenlik mah. Located at Işıkkent BORNOVA / İZMİR, CHEKICH ELEKTRONİK MAĞAZACILIK VE TİC. Inc. (“CHEKICH”); and the website user who is a member of www.CHEKICH.com and his mobile application ("Platform") or a user ("Member") who is a member of applications installed on mobile devices ("Member").
CHEKICH and the Member shall be referred to as "Party" together as "Parties" in this Membership Agreement.
Seller: Refers to the legal person who offers or sells electronic goods or services on the platform.
Buyer: Refers to the real or legal person who buys or acts for the purpose of purchasing electronic commodity goods or services on the platform.
Service Provider: Refers to real or legal persons engaged in electronic commerce activities.
Intermediary Service Provider: Refers to the real or legal persons who provide the electronic trade environment for the economic and commercial activities of others.
My Account Page: Member-specific page where the Member can take the necessary actions to benefit from the various applications and Services on the Platform, enter his personal data and information requested on the basis of the application, which can only be accessed with the user name and password specified by the Member.
Services: It refers to the practices put forward by CHEKICH in order to enable the Members to perform the works and transactions defined in this Membership Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. In order to gain membership status, the user who wants to become a member must approve this Membership Agreement on the Platform, fill the information requested here with correct and current information, and the membership application must be approved by CHEKICH. The user who wants to become a member must be 18 (eighteen) years of age. Upon completion of the approval process and notification to the Member, Membership status begins and thus the Member has the rights and obligations specified in this Membership Agreement and the relevant parts of the Platform. The Member who does not provide accurate and up-to-date information while filling the said Membership Agreement is responsible for all damages that may arise due to this reason. The member has the right to terminate his membership status at any time by pressing the "Cancel Membership" button, which he can access from the My Account Page. The cancellation of the membership does not mean the cancellation of the approval for the sending of commercial electronic messages. The Member must also withdraw the confirmation of electronic mail sending, in particular.
3.2. If there is a dispute about who owns the membership rights and obligations, and in this regard, the people in question request to CHEKICH, it will be considered that the last person who paid CHEKICH for any Service is the owner of the Membership account and will be treated accordingly. .
3.3. If the Member wishes to initiate any legal process or purchase process related to the campaigns and / or advertisements displayed on the Platform, he / she is obliged to fulfill all necessary legal obligations and legal procedures, including those on the Platform, regarding these obligations and procedures. accepts and declares that CHEKICH does not have any information and responsibility.
3.4. The Member states that CHEKICH is the Seller party and himself is the Buyer party in the distance sales contracts to be concluded from CHEKICH through the Platform; CHEKICH accepts and declares that the Seller is solely responsible in all respects within the scope of the mentioned distance sales contract relationship within the scope of the current consumer law and other legislation.
3.5. CHEKICH; The Member will have the right to collect the products to be purchased from the seller and the Buyer will be relieved of the payment obligation to the Seller with this payment to CHEKICH.
3.6. The Member declares that he / she accepts that he / she will act in accordance with the provisions of this Membership Agreement, all the conditions specified in the Platform, applicable legislation and moral rules in the transactions and correspondence he / she performs on the Platform. The legal and criminal responsibility for the actions and actions of the Member within the Platform belongs to him.
3.7. CHEKICH may share the information contained in the Member with the relevant authorities upon the request of the competent authorities in accordance with the legislation in force.
3.8. CHEKICH can transfer to other Members who may be a party to the dispute the personal data received from the Members during membership and / or shopping in order to be able to use it fraudulent, fraud, misuse of the Platform, legal rights of the parties, limited only to the subject matter, in disputes that may constitute a crime in terms of the Turkish Penal Code.
3.9. The user name and password information required by the Member to access the My Account Page and to perform transactions on the Platform are created by the Member, and the security and confidentiality of such information is completely under the responsibility of the Member. The Member is responsible for the transactions carried out with his / her username and password, that the responsibility arising from these transactions belongs to him in advance, he/she accepts, declares and undertakes that he / she cannot submit any objection that he / she did not perform the work and transactions performed in this way that it cannot avoid fulfilling its obligations on the basis of objection.
3:10. The Member shall not use the Platform in a manner contrary to law and morality, especially in the cases listed below.
3.10.1Using Platform to create, check, update or change a database, record or directory on behalf of any person;
3.10.2 Use of the whole or a part of the Platform for the purpose of breaking, changing or reverse engineering;
3.10.3 Transaction using false information or information of another person, creating false Membership accounts by using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information, and their membership Agreement. or use in violation of the current legislation, unauthorized use of another Member's account, being a party or participant in transactions by replacing someone else or with a wrong name;
3.10.4 Comment and scoring systems; Use for purposes outside the Platform, such as publishing comments on the Platform outside the Platform, or used for purposes other than use for manipulating systems;
3.10.5 The spread of Virus or Platform to the Platform's database, any other malicious software that damages any content on the Platform;
3.10.6 It will create unreasonable or disproportionately large loadings on communications and technical systems specified by the platform or damage technical functioning.
Using "screen scraping" software or systems such as automatic program, robot, web crawler, spider, data mining and data crawling on the Platform without the prior written permission of CHEKICH, and thus the Platform ' Copying, publishing or using any or all of the content in the content without permission.
3.11. The Member is obliged to carry out the transactions on the Platform in a way that does not harm CHEKICH financially and technically. The Member may use any program, virus, software, unlicensed product, trojan horse, etc. of the use of the Platform that will harm the Platform. It accepts and undertakes that it has taken all necessary measures, including using the necessary protective software and licensed products. The Member also agrees that he will not enter the My Account Page by robot or automatic login methods.
4. PRIVACY AND PERSONAL DATA PROTECTION
4.1. Processing of Personal Data:
If you are not resident in Turkey and pay your Discover, Carte Bancaire, JCB, Maestro, Union Pay, Sofortüberweisung, QIWI, Bancontact, Diners, Hipercard, Sepa Direct Debit and IDEAL card or through the US payments in cases where you do it through AMEX cards CHEKICH London Limited company is processed only using your order number without access to your personal data.
For more information about our use of personal data and your rights in these matters, and
To obtain information about the protection and processing of your personal data within the scope of KVKK,
[Turkey Personal Data Privacy and Protection Policy] the connection from Turkey Personal Data Privacy and Protection Policy and kisiselverilerim@CHEKICH.co can access the e-mail address, you can exercise your rights by sending in question.
The e-mail address you contact us must be the e-mail address you submitted during your CHEKICH membership process. Requests received from other email addresses will not be answered unless a reasonable proof of your membership is provided.
5. INTELLECTUAL PROPERTY RIGHTS
"CHEKICH" brand and logo, all kinds of intellectual property of the "CHEKICH" mobile application and Platform's design, software, domain name and all kinds of brands, designs, logos, commercial presentation forms, slogans and all other content created by CHEKICH right to own property. The Member may not use, share, distribute, exhibit, duplicate, or derive any work derived from intellectual property rights subject to the ownership of CHEKICH or its affiliated companies without written permission. The Member may not use the whole or part of the mobile application or the Platform in another environment without the written permission of CHEKICH. If the Member acts in violation of the intellectual property rights of third parties or CHEKICH, the Member is liable to compensate for all direct and indirect damages and expenses of CHEKICH and / or the third party in question.
6. CONTRACT CHANGES
CHEKICH may change this Membership Agreement and any policy, including the Privacy and Personal Data Protection Policy included in the Platform, at any time it deems appropriate on the Platform, unilaterally, on condition that it does not violate the provisions of the applicable legislation. The changing provisions of this Membership Agreement will take effect on the date they are posted on the Platform, the remaining provisions will remain in effect and continue to produce terms and results.
7. FORCE MAJEURE
Cyber attacks, communication problems, infrastructure and internet malfunctions, system improvement or renewal efforts and malfunctions that may occur due to the uprising, embargo, state intervention, riot, occupation, war, mobilization, strike, lockout, business actions or boycotts, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events beyond the control of CHEKICH that are not due to their defect and cannot be reasonably foreseen ("Force Majeure") CHEKICH's Membership Agreement. If it prevents or delays the fulfillment of its obligations, CHEKICH can not be held responsible for its blocked or delayed obligations as a result of Force Majeure and this cannot be regarded as a violation of this Membership Agreement.
8. GENERAL PROVISIONS
8.1. Member, the official books and commercial records of CHEKICH and e-archive records kept on CHEKICH's database and servers in the disputes that may arise from this Membership Agreement, accepts that electronic information and computer records will constitute binding, precise and exclusive evidence and this article is in the nature of an evidence contract in the sense of article 193 of the Law on Civil Procedure No. 6100.
8.2. This User Agreement will be exclusively subject to the laws of the Republic of Turkey. Any disputes arising out of or associated with this Membership Agreement will be under the exclusive jurisdiction of the Istanbul Consumer Arbitration Committees and the Istanbul (Çağlayan) Courts and Enforcement Offices.
8.3. CHEKICH will communicate with the Member via the e-mail address provided by the Member when registering 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.
8.4. This Membership Agreement constitutes the entire agreement between the Parties regarding the issue. If any judgement of this Membership Agreement is decided to be completely or partially invalid or unenforceable by any competent court, arbitral tribunal, or administrative authority, this Membership Agreement shall be deemed divisible to the extent of such invalidity, inappropriateness, or inconvenience; and other provisions will remain in full force.
8.5. The Member will not be able to assign its rights or obligations in this Membership Agreement in whole or in part without obtaining CHEKICH's prior written consent.
8.6. Failure by any party to exercise or exercise any right granted to it in the Membership Agreement will not mean that it waives the right or prevents the right to be used or enforced later.
This Membership Agreement, consisting of 8 (eight) articles, came into force as soon as it was approved by the Member, by reading each provision and being fully understood and approved electronically.