Website Use Agreement
1. PARTIES
This Website Usage Agreement ("Usage Agreement") is drawn up between www.yakemall.com.tr and the User who logs in and/or becomes a member of the Website, regarding the User's use of the Website and at the time of the User's approval in the electronic environment where the Website is located.
By logging in to the Website and/or becoming a member, the User acknowledges and declares that he/she has read the entire Terms of Use, fully understood its content and approved 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 (Briefly "Service"): Refers to the applications put forward by www.yakemall.com.tr within the Website in order to enable the Users to carry out the work and transactions defined in the Terms of Use.
User/Member: Refers to any natural or legal person who logs in to and/or becomes a member of the Website and benefits from the Services offered on the Website, under the terms and conditions set forth in this Terms of Use. Sellers and Buyers become members of the Website as Users.
Seller: The User who offers goods and/or services over which he/she has legal ownership and the right to dispose of the property, for sale to other Users, by using the Services offered on the Website.
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 the subdomains connected to this domain name.
3. SUBJECT AND SCOPE OF THE AGREEMENT
3.1. The subject of the User Agreement is the determination of the Services offered on the Website, the conditions for benefiting from 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 statements such as warnings, texts and explanations made by www.yakemall.com.tr regarding usage, membership and Services within the Website.
3.3. By accepting the provisions of the User Agreement, you also agree to all declarations made by www.yakemall.com.tr regarding the use, membership and Services on the Website and to act in accordance with these declarations.
4. MEMBERSHIP AND SERVICE TERMS OF USE
4.1. Membership is completed by the person wishing to become a User submitting the necessary information to register on the relevant section of the Website and by obtaining approval from www.yakemall.com.tr. The rights and authority to become a User, as defined in this User Agreement, cannot be acquired until the membership process is completed.
4.2. To become a member of the Website, the person must be of legal age and not have been temporarily suspended or permanently banned from membership by www.yakemall.com.tr. Completing the Website registration process for minors or those who have been temporarily suspended or permanently banned from membership by www.yakemall.com.tr in accordance with Article 5.2 of this User Agreement, as stated above, will not result in their becoming a member of the Website.
5. RIGHTS AND LIABILITIES
5.1. User's Rights and Obligations
The User accepts, declares and undertakes that he/she will act in accordance with all the terms and conditions set forth in the User Agreement, the rules set forth in the relevant parts of the Website and all applicable legislation while performing the membership procedure, making use of the Services of the Website and performing any transaction related to the Services on the Website, and that he/she understands and approves all the terms and rules stated above.
The User accepts, declares and undertakes that www.yakemall.com.tr shall be entitled to disclose its confidential/private/commercial information to both official authorities and rightful persons in accordance with the provisions of the Privacy Provisions and the provisions of the applicable mandatory legislation or in cases where the rights of other Users and third parties are claimed to have been violated, and that no compensation can be claimed from www.yakemall.com.tr under any name for this reason.
Users are solely responsible for the security, safekeeping, safeguarding from third parties, and use of the system access tools (username, password, etc.) they use to benefit from the Services offered by www.yakemall.com.tr. www.yakemall.com.tr shall not be liable, direct or indirect, for any damages incurred or to be incurred by Users and/or third parties due to any negligence or omission by Users regarding the security, safekeeping, safeguarding from third parties, and use of system access tools.
Users accept, declare, and undertake that the information and content they provide on the Website is 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 through the Website, nor is it responsible for undertaking or guaranteeing that such information and content is safe, accurate, or lawful. It also cannot be held responsible for any damages that may arise from the inaccuracy or error of such information and content.
The User cannot transfer his/her rights and obligations under the User Agreement, partially or fully, 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 those who use the Website may only conduct transactions on the Website for lawful purposes. Users are legally and criminally responsible for all transactions and actions they perform on the Website. Each User acknowledges, declares, and undertakes that they will not reproduce, copy, distribute, or process the images, text, visual and audio images, video clips, files, databases, catalogs, or lists found on the Website in a way that violates the real or personal rights or assets of www.yakemall.com.tr and/or any third party, and that they will not compete directly and/or indirectly with www.yakemall.com.tr, either through these actions or through any other means. www.yakemall.com.tr cannot be held responsible, directly or indirectly, for any damages suffered or that third parties may suffer due to Users' activities on the Website that violate the provisions of the User Agreement and/or the law.
Neither www.yakemall.com.tr nor its employees or directors are responsible for the services and content provided by third parties, including users, on the Website. The accuracy and legality of the information, content, visual and audio images provided and published by any third party are the sole responsibility of the individuals performing these actions. www.yakemall.com.tr does not guarantee or warrant the security, accuracy, or legality of the services and content provided by third parties, including users.
Users accept, declare and undertake that they will not conduct transactions that will enable money transfers between their own memberships and the memberships of their relatives on the Website and that they will not engage in any behavior that will manipulate the operation of the Website, otherwise they will compensate www.yakemall.com.tr for any damages it may incur.
5.2. RIGHTS AND LIABILITIES 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, and to block access to and delete information and content uploaded by Users to the system from third parties, including Users. www.yakemall.com.tr may exercise this right without prior notice. Any changes requested by www.yakemall.com.tr will be immediately implemented by the User. The User will be responsible for any damages arising from the User's failure to promptly comply with changes and/or corrections requested by www.yakemall.com.tr.
www.yakemall.com.tr may provide links through its website to other websites and/or portals, files, or content owned and operated by third-party vendors, providers, and other third parties not under www.yakemall.com.tr's control. These links may be provided by Users or by www.yakemall.com.tr solely for reference and are not intended to endorse the website or its operator, nor do they constitute any representation or warranty of any kind regarding the website or the information it contains. www.yakemall.com.tr has no responsibility for the portals, websites, files, and content accessed through links on the website, the services or products offered through these portals or websites, or their content.
www.yakemall.com.tr does not act as a mediator or arbitrator in disputes arising between Users regarding the Services and Products provided on the Website.
www.yakemall.com.tr may scan the content and/or messages required to detect messages and/or content exchanged between Users through the Website that violate the operation of the Website and/or the User Agreement and/or the general rules of the Website and/or general moral principles and that are unacceptable to www.yakemall.com.tr, and may remove from access any such messages and/or content at any time and in any manner it deems appropriate; may terminate the User's membership temporarily or permanently without any notice.
As a result of the approval and implementation of the User Agreement, no partnership, agency or employee-employer relationship arises between www.yakemall.com.tr and the User.
When choosing a "User Name," the User undertakes not to violate the legal rights of third parties, such as copyright, trademark, or trade name. If Users violate this provision, www.yakemall.com.tr may request that the User correct this violation of the Terms of Use or, if it so wishes, may temporarily or permanently cancel the User's membership without prior notice.
6. PRIVACY 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 User confidential information contrary to the User Agreement and Privacy Policy.
7. INTELLECTUAL PROPERTY RIGHTS
Users may not resell, share, distribute, display, reproduce, create or prepare derivative works of www.yakemall.com.tr Services, www.yakemall.com.tr information and www.yakemall.com.tr's copyrighted works offered through the Website, or allow anyone else to access or use www.yakemall.com.tr's Services; otherwise, they will be liable to cover the amount of compensation claimed from www.yakemall.com.tr for damages incurred by third parties, including but not limited to licensors, and any other liabilities, including but not limited to court costs and attorney fees.
www.yakemall.com.tr reserves all rights to all assets, real and personal rights, commercial information and know-how, including all material and intellectual property rights it has through www.yakemall.com.tr Services, www.yakemall.com.tr information, www.yakemall.com.tr copyrighted works, www.yakemall.com.tr trademarks, www.yakemall.com.tr commercial appearance or the Website.
Users accept, declare and undertake not to violate any Intellectual Property Rights on the Website belonging to www.yakemall.com.tr and other Users.
8. CONTRACT CHANGES
www.yakemall.com.tr may, at its sole discretion and unilaterally, amend this User Agreement and its annexes at any time it deems appropriate by posting them on the Website. The amended provisions of this User Agreement will become effective on the date they are posted; the remaining provisions will remain in full force and effect, continuing to have their respective effects and consequences.
9. FORCE MAJEURE
In all cases legally considered force majeure, www.yakemall.com.tr shall not be liable for any late, incomplete, or non-performance of any of its obligations set forth in this Agreement. In cases of force majeure, delay, incomplete, non-performance, or default shall not be deemed, and the User shall not be entitled to claim compensation under any name from www.yakemall.com.tr for such circumstances. The term force majeure shall be interpreted as unavoidable events beyond www.yakemall.com.tr's reasonable control and that cannot be prevented despite due diligence, including, but not limited to, natural disasters, riots, wars, strikes, cyberattacks, communication problems, infrastructure and internet failures, cyberattacks, system improvement or renewal efforts and any malfunctions that may occur as a result, power outages, and adverse weather conditions.
10. APPLICABLE LAW AND JURISDICTION
Turkish law shall apply to the implementation, interpretation, and legal relations arising from this User Agreement. Istanbul Courts and Enforcement Offices have jurisdiction over any disputes arising from or that may arise under this User Agreement.
11. TERMINATION OF THE CONTRACT
This User Agreement will remain in effect as long as the User logs in to the Website and/or becomes a member, and will continue to have provisions and consequences for the parties; it will be deemed to have terminated upon the expiration of the User's membership period or the temporary or permanent suspension of their membership. www.yakemall.com.tr may unilaterally terminate the User Agreement if Users violate this User Agreement and/or similar rules regarding membership and the Services on the Website, and particularly in the following cases, and Users will be liable to compensate www.yakemall.com.tr for all direct or indirect damages incurred by www.yakemall.com.tr due to termination:
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The User's behavior that will manipulate the operation of the Website by any means,
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The User transfers the User profile created for him/her to someone else or makes it available for use,
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The user commits acts that violate the rights of third parties.
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Every User who logs in to the Website and/or becomes a member will be bound by the provisions of this Agreement indefinitely.