- 1.1 This Membership Agreement ("Membership Agreement”) was executed between the OOBAZAAR Elektronik Ticaret Bilgi Teknolojileri Paz. ve San. A.S. ("OOBAZAAR") placed at Saray Mah. Huriler Sok. No:19/16 Alanya – Antalya and the member ("Member") to determine the terms of the Member's use of the Services on OOBAZAAR's Website.
- 1.2. OOBAZAAR and Member shall be referred to as individually the "Party" and jointly " Parties" in this Membership Agreement.
2. PURPOSE AND SCOPE OF MEMBERSHIP AGREEMENT
- 2.1. OOBAZAAR operates the online electronic trading platform www.oobazaar.com with the domain name, bringing together suppliers, intermediaries, service providers, producers, consumers in a virtual marketplace which their goal is commercial or non-commercial; promotes communication and business processes among institutions, increases productivity, saves financial resources. OOBAZAAR is not in the position of a seller of any product or service on the Website and is the intermediary service provider pursuant to the law on the Regulation of Electronic Commerce No. 6563.
- 2.2 In accordance with this Membership Agreement, the Member wishes to become a member of the electronic commerce platform www.oobazaar.com domain managed by OOBAZAAR and to purchase products and/or services sold on Virtual Shops by the Sellers on this platform.
- 2.3 The purpose of this Membership Agreement is to determine the conditions for the utilization of the Members from the Services provided by OOBAZAAR or the partner, specified by OOBAZAAR on the Website and to establish the rights and obligations of the Parties. With the acceptance of this Membership Agreement; Member agrees, declares and undertakes that he/she accepts every declaration for memberships, users about use, contents, applications, services, provided by OOBAZAAR on the website.
- 2.4. For the avoidance of doubt, this Membership Agreement covers only the terms and conditions of the Services between the Parties which are presented to the Member by OOBAZAAR. The relationship between the Members and the Sellers does not fall within the scope of this Membership Agreement and OOBAZAAR is in no way responsible for the relationship between the Members and the Sellers. Members will be able to search for rights to the transactions carried out by the Virtual Store within the framework of other legislation, especially the Law on the Protection of the Consumer No 6502 against the Sellers.
- Member means a person who is a member of the Website under this Membership Agreement with OOBAZAAR and purchases the products and/or services offered by the seller on the Website for sale.
- My Account page refers to a Member-specific page where a Member can perform the necessary actions to use the various applications and Services available on the Site, typing personal information and application-specific information requested by him/her and which is only accessible by the email address and password specified by the relevant Member.
- Service refers to the practices put forward by OOBAZAAR in order to enable the members to carry out the tasks and transactions defined in this Membership Contract.
- The seller refers to a legal/real person who is a member of the Website under the Seller Business Partnership and the Advertisement Contract that is made with OOBAZAAR and provides various products and/or services for sale through advertisements published through his account created on the Website.
- Sanal Store refers to the virtual space that OOBAZAAR has allocated to the sellers in accordance with OOBAZAAR's procedures and rules on the Website and that Sellers have the opportunity to publish advertisements for the sale of one or more products and/or services, including content and images.
- The website refers to the website and mobile applications (mobile application includes mobile site) owned by OOBAZAAR with the domain name www.oobazaar.com which OOBAZAAR is presenting on the Services specified by this Membership Agreement.
4. THE RIGHTS AND LIABILITIES OF THE PARTIES
- 4.1. For the acquisition of membership status, the user who wishes to become a member must accept this Membership Contract on the Website, fill in the requested information with correct and up-to-date information, and start membership status by clicking on “sign up” button. Then, the Member will have the rights and obligations set forth in the Membership Agreement and at the respective locations of the Website. The Member, who has not provided accurate and up-to-date information while filling in the Membership Agreement, is personally responsible for all damages that may arise. Member has the right to terminate his / her membership at any time by requesting the administration of the Website.
- 4.2. If there is a dispute about who belongs to the rights and obligations of the membership and in the case where the concerned persons request from OOBAZAAR, then, OOBAZAAR will act assuming that the Member is the last person who paid OOBAZAAR for any Service using the relevant Membership account. In such a case, OOBAZAAR reserves the right to act independently of the rule set out in Article 4, through the Membership information, Member transactions and similar information.
- 4.3. If Member wishes to initiate any legal process or procurement process related to advertisements viewed through the Website, he/she accept and declare that he/she must comply with all necessary legal obligations and legal procedures, including those involved in the Website, and there is no information and responsibility of OOBAZAAR with respect to such obligations and procedures.
- 4.4. In accordance with the Law No 6563 on the Regulation of Electronic Commerce; Because, OOBAZAAR is not in a seller position of any product or service on the website and is a "place provider" and "intermediary service providers” in accordance with “the law on regulation of publications on the internet and suppression of crimes committed by means of such publications”, OOBAZAAR is not responsible for the authenticity, reliability, correctness or legality of any visual, written or other content on the Website which is not published by it and has no obligation to control the accuracy of the content in question. OOBAZAAR has the right to control the content at its sole discretion and to close and delete access, if it deems necessary, even if such obligation does not exist and at its own discretion. Any person who violates the rights of OOBAZAARs or third persons with any visual, written and other content published on the Website is liable to OOBAZAARs and/or concerned third parties.
- 4.5. The Member acknowledges and declares that the Seller is the seller party and himself is also the buyer in the distance sales contracts to be made, when purchasing from any Seller via the Website; that OOBAZAAR is not a party in relation to the distant sales contract; that only the Seller is responsible for itself in all respects within the scope of current consumer law legislation and other legislation. In this scope, the seller will be personally and exclusively responsible for the quality of all the products displayed and sold in the Virtual Store, compliance with the legislation, issuance of warranty document, invoicing and delivery of other necessary documents and after-sale service etc. and the delivery of the products in the course.
- 4.6. Member agrees that it will act in accordance with the terms of this Membership Agreement, all the terms set forth on the Website, the applicable laws, and regulations and the rules of ethics in the transactions and correspondence performed on the Website. The legal and penal responsibility for the process and actions that the Member does on the Site belongs to him/her.
- 4.7. OOBAZAAR, according to the legislation in force, may, at the request of the competent authorities, share the information of the Member himself with such authorities.
- 4.8. Personal data received from Members during shopping and/or during signing up the Web Site may be transmitted to other Members and / or Sellers who may be party to the dispute in the event of forgery, fraud, abuse of the Website, misrepresentation between the Member and / or the Sellers, which may constitute a crime in the meaning of the Turkish Commercial Code, only for the purpose of using the legal rights of the parties, in order to enable the parties to use their legal rights, as limited only to these scope.
- 4.9. Member's e-mail address and password information which is required to access the Account Page and to process transactions through the Website are formed by the Member. The security and confidentiality of such information is solely the responsibility of the Member. Member acknowledges, declares and undertakes that the transactions performed by his / her username and password are performed by him / herself that any liability arising out of such proceedings is in his sole discretion and that he shall not object to the fact that such work and transactions are not performed by him and/or that he shall not refrain from fulfilling his obligations on the basis of such objection.
- 4.10. The Member shall not use the Website in a manner that is contrary to law and morality, especially in the following cases:
- 4.10.1. Use of the Website to create databases, records or contacts on behalf of any person, to check, update or modify them;
- 4.10.2. Use of the Website or any portion thereof for the purpose of breaking, altering or reverse engineering;
- 4.10.3. Using wrong information or someone else's information, to create untrue Membership accounts or by using false or misleading personal data, including false or misleading residential address, e-mail address, communication, payment or account information, and that these accounts are used in accordance with the Membership Agreement or in force contrary to the legislation, the unauthorized use of another Member's account, being a party to or participating in acts with a wrong name, or replacing someone else;
- 4.10.4. Propagation of any virus or other harmful technology to the Website, the database of the Website, any content on the Website;
- 4.10.5. Use of comment and scoring systems other than for use outside the website, like spreading Comments on the website outside the website or for manipulation of the systems;
- 4.10.6. Collection of any information, including e-mail addresses about Members or Resellers, without the consent of the concerned persons;
- 4.10.7. Any activity that creates unreasonable or disproportionately large overheads or damages the technical work on the communications and technical systems specified by the Website, the use of "screen scraping" software or systems such as automated programs, robots, web crawlers, spiders, data mining and data crawling on the Website without the prior written consent of OOBAZAAR, and copying, publishing, or using any part or an entire content of website without permission.
- 4.11. The Member is obliged to carry out the transactions in such a way as not to cause any technical damage to the Website. So that all information, content, materials and other content that you provide to the Website don’t contain any programs, viruses, software, unlicensed products, trojan horses which is harmful to the system, The Member acknowledges and undertakes that he / she will take all necessary precautions including using licensed products and the necessary protective software. The Member also agrees that he will not enter the Account Page via robot or automatic login methods.
The Member acknowledges and expresses his consent to the use and storage of his personal data and information by OOBAZAAR in this manner. OOBAZAAR will take all the necessary precautions to prevent personal data from unauthorized access, and the prevention of unlawful data processing in accordance with article 12 of the Protection of Personal Data law No. 6698. In accordance with article 11 of the Protection of Personal Data Act No. 6698, the member can use the rights he has on his personal data and to make any changes or updates to the data when he wants.
6. INTELLECTUAL PROPERTY RIGHTS
oobazaar.com brand and logo, oobazaar.com mobile application and website design, software, domain name, and which related to them, the rights of all kinds of trademark, design, logo, commercial presentation, slogan and all other intellectual property (which are constituted by OOBAZAAR) are owned by OOBAZAAR. The Member shall not use, share, distribute, exhibit, reproduce, or make derivative works of the proprietary rights of OOBAZAAR or its affiliates without the permission of OOBAZAAR. The Member cannot use the whole or part of the mobile application or the Website of oobazaar.com in any other environment without the permission of OOBAZAAR. If the Member acts in a way that violates the intellectual property rights of third parties or OOBAZAARs, the Member is obliged to compensate all direct and indirect damages and costs of OOBAZAAR and/or the concerned third party.
7. CONTRACT CHANGES
8. COMPULSORY CASE
Insurrection, embargo, state intervention, rebellion, war, occupation, mobilization, lockout, strike, labor actions or labor-employer disputes, including boycotts, cyber attacks, communication problems, infrastructure and internet failures, improvements or upgrading efforts related with system and failures that may occur due to this, electricity interruption, explosion, fire, flood, storm, earthquake, migration, epidemic infections, or other natural catastrophe, or other events that occur outside the control of OOBAZAAR, which are not caused by fault of OOBAZAAR and which are not reasonably foreseeable (“compulsory case”); If one of these prevents or delay OOBAZAAR from performing its obligations arising from this Membership Agreement, OOBAZAAR cannot be held responsible for their obligations impeded or delayed and this condition cannot be considered a violation of this Membership Agreement.
9. MISCELLANEOUS PROVISIONS
- 9.1. Evidence contract. In disputes arising out of this Agreement, The member accepts that the official books, commercial records, a database of electronic and computer records held by servers of OOBAZAAR shall constitute a binding, correct and exclusive evidence and that these are the evidence contract in terms of the article 193 of the civil procedure code nm. 6100,
- 9.2. Applicable Law and Solution of Dispute. This Membership Agreement shall be subjected exclusively to the laws of the Republic of Turkey. Any dispute arising out of or relating to this Membership Contract shall be in the exclusive jurisdiction of the The Central Court of Antalya and the Directorate of execution.
- 9.3. Statement OOBAZAAR will contact the Member by sending an SMS or e-mail, by calling his telephone number, which the Member has reported at the time of registration. The Member is obliged to keep the e-mail address and telephone number up-to-date.
- 9.4. Integrity and Divisibility of Membership Agreement. This Membership Agreement constitutes the entirety of the agreement between the Parties concerning the issue. If any court of competent jurisdiction, arbitral tribunal or administrative authority decides that any provision of this Membership Agreement is wholly or partly invalid or unenforceable or unreasonable, this Agreement shall be deemed divisible to the extent of invalidity, unreasonably or unenforceability and the other provisions shall remain in full force and effect.
- 9.5. Transfer of Membership Agreement The Member shall not be able to transfer, in whole or in part, the rights or obligations of this Membership Agreement without the prior written approval of OOBAZAAR.
- 9.6. Amendment and Disclaimer That one of the parties does not use or implement any right granted to him in the Membership Agreement does not mean that he has waived the right or this state will not prevent the subsequent use or implement of the rights.
This Membership Agreement, consisting of nine (nine) items, entered into force with the Member reading all the provisions and with a complete understanding and clicking on the “sign up" button.