Website Terms of Use

1. PARTIES

This Website Terms of Use Agreement ("Terms of Use") is concluded between www.yakemall.com.tr and the User who accesses and/or registers on the Website, regarding the User's use of the Website, and is deemed to have been approved by the User in the electronic environment where the Website is located at the time of the User's consent.

By accessing and/or registering on the website, the user acknowledges and declares that they have read the entire Terms of Use, fully understand its content, and agree to all its provisions.

2. DEFINITIONS

Buyer: Refers to the user who purchases goods and/or services offered for sale by the Seller by using the Services offered on the Website.

www.yakemall.com.tr: www.yakemall.com.tr

www.yakemall.com.tr (hereinafter referred to as "Service"): Refers to the applications provided by www.yakemall.com.tr within the website to enable users to perform the tasks and transactions defined in the Terms of Use.

User/Member: Refers to any natural or legal person who accesses and/or registers on the Website and uses the Services offered on the Website under the conditions specified in this Terms of Use. Sellers and Buyers register as Users on the Website.

Seller: A User who, by using the Services offered on the Website, offers for sale to other Users goods and/or services that they legally own and have the right to dispose of.

Product: Refers to any goods and/or services offered for sale by the Seller on the website.

Website: Refers to the website consisting of the domain name www.yakemall.com.tr and its subdomains.

3. SUBJECT AND SCOPE OF THE AGREEMENT

3.1. The subject of this User Agreement is to define the Services offered on the Website, the terms and conditions for using these services, and the rights and obligations of the parties.

3.2. The scope of the User Agreement includes the User Agreement and its annexes, as well as all warnings, written notices, and statements made by www.yakemall.com.tr regarding usage, membership, and services contained within the website.

3.3. By accepting the terms of the User Agreement, you also accept all statements made by www.yakemall.com.tr regarding usage, membership, and services contained within the website, and you agree to act in accordance with these statements.

4. MEMBERSHIP AND SERVICE USAGE TERMS AND CONDITIONS

4.1. Membership is completed by the individual wishing to become a User registering through the relevant section of the Website by submitting the necessary information and the registration being approved by www.yakemall.com.tr. The rights and authority to be a User, as defined in this User Agreement, cannot be exercised before the membership process is completed.

4.2. To become a member of the website, you must be of legal age and not have been temporarily suspended or permanently banned from membership by www.yakemall.com.tr. Individuals who are not of legal age or who, as stated above, have been temporarily suspended or permanently banned from membership by www.yakemall.com.tr in accordance with Article 5.2 of this User Agreement, will not become website members even if they have completed the registration process.

5. RIGHTS AND OBLIGATIONS

5.1. User Rights and Obligations

The user acknowledges, declares, and undertakes that, while completing the membership procedure, utilizing the Website's Services, and performing any transactions related to the Services on the Website, they will comply with all the terms contained in the User Agreement, the rules stated in the relevant sections of the Website, and all applicable legislation, and that they understand and approve all the aforementioned terms and rules.

The user acknowledges, declares, and undertakes that, in accordance with the provisions of the Privacy Policy and applicable mandatory legislation, or in cases where it is alleged that the rights of other users or third parties have been violated, www.yakemall.com.tr is authorized to disclose its confidential/private/commercial information to both official authorities and rights holders, and that no compensation can be claimed from www.yakemall.com.tr under any circumstances for this reason.

Users are solely responsible for the security, safekeeping, and prevention of unauthorized access to the system access tools (username, password, etc.) they use to access the services offered by www.yakemall.com.tr. www.yakemall.com.tr shall not be held liable, directly or indirectly, for any damages incurred or that may be incurred by Users and/or third parties due to any negligence or fault on the part of Users regarding the security, safekeeping, prevention of unauthorized access to, and use of their system access tools.

Users acknowledge, declare, and undertake that the information and content they provide within the Website are accurate and lawful. www.yakemall.com.tr is not obligated or responsible for investigating the accuracy of the information and content transmitted to www.yakemall.com.tr by Users or uploaded, modified, or provided by them through the Website, nor does it guarantee or warrant that such information and content is secure, accurate, and lawful. Furthermore, www.yakemall.com.tr cannot be held liable for any damages arising from the inaccuracy or errors in such information and content.

The user may not transfer their rights and obligations under the User Agreement, in whole or in part, to any third party without the written consent of www.yakemall.com.tr.

Those who benefit from the Services offered by www.yakemall.com.tr and use the Website may only conduct transactions on the Website for lawful purposes. Users are solely responsible for the legal and criminal liability arising from every transaction and action they perform within the Website. Each User acknowledges, declares, and undertakes that they will not reproduce, copy, distribute, or process the images, texts, visual and audio images, video clips, files, databases, catalogs, and lists found within the Website in a manner that constitutes an infringement of the intellectual or personal rights or property of www.yakemall.com.tr and/or any other third party, and that they will not directly and/or indirectly compete with www.yakemall.com.tr through these actions or other means. www.yakemall.com.tr cannot be held directly and/or indirectly responsible in any way for any damages suffered or that may be suffered by third parties due to the activities carried out by Users on the Website in violation of the User Agreement provisions and/or the law.

www.yakemall.com.tr, its employees, or managers are not responsible for the services provided and content published on the website by third parties, including users. The accuracy and legality of any information, content, visual and audio images provided and published by any third party is entirely the responsibility of the individuals performing these actions. www.yakemall.com.tr does not guarantee or warrant the security, accuracy, or legality of services and content provided by third parties, including users.

Users agree, declare, and undertake that they will not conduct transactions on the website that facilitate money transfers between their own accounts and the accounts of their relatives, and that they will not engage in any behavior that manipulates the operation of the website; otherwise, they will compensate www.yakemall.com.tr for any and all damages incurred.

5.2. Rights and Obligations of www.yakemall.com.tr

www.yakemall.com.tr reserves the right to change the Services and content offered on the Website at any time; to restrict access to and delete information and content uploaded by Users, including access by Users themselves and third parties. www.yakemall.com.tr may exercise this right without prior notice. The User shall immediately comply with any changes requested by www.yakemall.com.tr. The User shall be responsible for compensating any damages arising from the User's failure to comply with the change and/or correction requests made by www.yakemall.com.tr in a timely manner.

www.yakemall.com.tr may provide links on its website to other websites and/or portals, files, or content owned and operated by third-party vendors, providers, and other third parties that are not under the control of www.yakemall.com.tr. These links may be provided by Users or by www.yakemall.com.tr solely for ease of reference and do not constitute an endorsement of the website or its operator, or any kind of statement or guarantee regarding the website or the information contained therein. www.yakemall.com.tr has no responsibility whatsoever for the portals, websites, files, and content accessed through links on the website, or for the services or products offered by or the content of such portals or websites accessed through these links.

www.yakemall.com.tr does not act as a mediator or arbitrator in disputes arising between users regarding the services and products offered on the website.

www.yakemall.com.tr may conduct necessary content and/or message screening to detect messages and/or content exchanged between users via the website that are contrary to the website's operation and/or the User Agreement and/or the website's general rules and/or general moral principles, and which are unacceptable to www.yakemall.com.tr, and may remove such messages and/or content from access at any time and in any manner it deems appropriate; it may also terminate a user's membership, temporarily or permanently, without any prior notice.

The approval and implementation of this User Agreement does not create a partnership, agency, or employer-employee relationship between www.yakemall.com.tr and the User.

By choosing a "Username," the user undertakes not to infringe upon the legal rights of third parties, such as copyright, trademark, or trade name. If users violate this clause, www.yakemall.com.tr may request the user to rectify the situation, which is contrary to the Terms of Use, or, at its discretion, may temporarily or permanently cancel the user's membership without prior notice.

6. CONFIDENTIALITY PROVISIONS

www.yakemall.com.tr may use user information in accordance with the Privacy Policy on this website. www.yakemall.com.tr will not use confidential user information contrary to the User Agreement and Privacy Policy.

7. INTELLECTUAL PROPERTY RIGHTS

Users may not resell, share, distribute, display, reproduce, create derivative works from, or allow others to access or use the Services, information, and copyrighted works offered through the website www.yakemall.com.tr; otherwise, they will be responsible for compensating www.yakemall.com.tr for any damages incurred by third parties, including but not limited to licensors, and for all other liabilities, including but not limited to court costs and attorneys' fees.

www.yakemall.com.tr reserves all its property rights, including all tangible and intangible intellectual property rights, commercial information and know-how, related to its services, information, copyrighted works, trademarks, trade dress, or any other rights it possesses through the website.

Users agree, declare, and undertake not to infringe any Intellectual and Industrial Property Rights belonging to www.yakemall.com.tr and other Users, which are located on the Website.

8. CONTRACT AMENDMENTS

www.yakemall.com.tr may, at its sole discretion and unilaterally, amend this User Agreement and its appendices at any time by posting the changes on the website. The amended provisions of this User Agreement will become effective on the date they are published; the remaining provisions will remain in effect and continue to produce their legal consequences.

9. FORCE MAJEURE

In all cases legally considered force majeure, www.yakemall.com.tr is not liable for any delay, incomplete performance, or non-performance of any of its obligations defined in this Agreement. In cases of force majeure, delay, incomplete performance, non-performance, or default will not be deemed to occur, and the User will not be able to claim compensation from www.yakemall.com.tr under any name for these situations. The term force majeure shall be interpreted as unavoidable events beyond the reasonable control of www.yakemall.com.tr and which could not be prevented despite the exercise of due diligence, including but not limited to natural disasters, riots, war, strikes, cyber attacks, communication problems, infrastructure and internet failures, cyber attacks, system improvement or renovation works and resulting malfunctions, power outages, and adverse weather conditions.

10. APPLICABLE LAW AND COMPETENT COURT

Turkish law shall apply to the implementation, interpretation, and management of legal relationships arising from this User Agreement. The Istanbul Courts and Enforcement Offices shall have jurisdiction over any disputes arising from or potentially arising from this User Agreement.

11. TERMINATION OF THE AGREEMENT

This User Agreement shall remain in effect and continue to produce its terms and consequences between the parties as long as the User accesses and/or is a member of the Website; it shall be deemed terminated in the event that the User's membership expires or is temporarily or permanently suspended. www.yakemall.com.tr may unilaterally terminate this User Agreement if Users violate this User Agreement and/or similar rules regarding membership and Services contained within the Website, and especially in the cases listed below, and Users shall be obliged to compensate www.yakemall.com.tr for all direct or indirect damages incurred as a result of the termination:

Any behavior by the user that manipulates the functioning of the website using any method,
The user transferring or making available to another person the user profile created for them,
The user engaging in actions that infringe upon the rights of third parties.
Every User who accesses and/or registers on this website will be bound by the terms of this Agreement indefinitely.