Membership Agreement
- PARTIES
- 1. This membership agreement (“ Membership Agreement ” ) is signed by Regalien, headquartered in İvedik OSB Mahallesi 1354. Cad. No:138/75 İvedik / Ankara. Between Istanbul and the Member (“ Member ”), the Member RFBOARDS KENAN ERGÜNER ‘s It has been concluded to determine the conditions regarding the use of the Services offered on the Website .
- 2. EK and Member shall be referred to individually as “ Party ” and jointly as “ Parties ” in this Membership Agreement.
- DEFINITIONS
- Cookie Policy is used to ensure the functional operation of the Website , to improve the shopping experience of the Members and to ensure the Members’ It refers to the text that contains information about the cookies used to provide content in line with the preferences and tastes of the users in line with the information regarding their visit to the Website and that can be accessed through the Website ().
- Privacy and Personal Data Protection Policy Members The personal data they transmit through the website , It refers to the text that regulates RFBOARDS KENAN ERGÜNER. ’s general privacy policy regarding personal data, including issues such as for what purposes and in what way it will be used by “your brand will be written here” and can be accessed through the Website ().
- My Account Page Member It refers to the page specific to the Member, accessible only with the username and password determined by the relevant Member, where he/she can perform the necessary transactions to benefit from the various applications and Services on the Website , and enter his/her personal data and the information requested from him/her on an application basis .
- RFBOARDS KENAN ERGÜNER or the “brand” is used to enable Members and Visitors to carry out their work and transactions defined in this Membership Agreement. It refers to the services and applications offered by the business partner determined by .
- Virtual Store SenserRYX It refers to the virtual space allocated to Sellers on the Website by RFBOARDS KENAN ERGÜNER in accordance with its procedures and rules , where Sellers have the opportunity to publish their advertisements consisting of content and visuals for the sale of one or more products and/or services.
- Seller refers to the legal entity/real person member who becomes a member of the Website within the scope of the Seller Business Partnership and Advertisement Agreement with “ SenserRYX ” and who offers various products and/or services for sale through the advertisements published through the account created on the Website.
- of the Website within the scope of this Membership Agreement made with RFBOARDS KENAN ERGÜNER and purchases the products and/or services offered for sale through the advertisements placed by the Seller on the Website .
- Website refers to the website, mobile applications and mobile site with the domain name www.regalien.com, which belongs to RFBOARDS KENAN ERGÜNER and on which the ” brand ” offers the Services determined by this Agreement.
- Visitor refers to the real person who uses the Website and benefits from the Services without being a Member.
- SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT
- 1. RFBOARDS KENAN ERGÜNER ‘s It operates the Website and is an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce.
- 2. In accordance with the Membership Agreement, the Member wishes to become a member of the Website , benefit from the Services and purchase products and/or services sold in Virtual Stores by Sellers on this platform .
- 3. The purpose of the Membership Agreement is to define the conditions for use of the Services and to determine the rights and obligations of the Parties accordingly . By accepting the Membership Agreement, the Member declares and undertakes to accept all statements regarding the Services, use, content, applications, and Members that are or will be included on the Website .
- 4. For the avoidance of doubt, this Membership Agreement is solely between the Parties and covers the forms and conditions for the Services available or to be available on the Website .
- RIGHTS AND OBLIGATIONS OF THE PARTIES
- 1. To gain membership status, the Membership Agreement must be approved and the information requested on the membership page must be completed accurately and up-to-date. Members wishing to become members must be at least 18 (eighteen) years of age. Members who fail to provide accurate and up-to-date information when completing the Membership Agreement are personally liable for any damages that may arise.
- 2. In case of a dispute as to who has the membership rights and obligations and if the said persons make a request to RFBOARDS KENAN ERGÜNER in this regard, RFBOARDS KENAN ERGÜNER shall accept that the last person who made a payment to RFBOARDS KENAN ERGÜNER for any Service using the relevant Membership account is the owner of the Membership account and shall take action accordingly.
- 3 RFBOARDS KENAN ERGÜNER Because it is not a seller of any product or service on the Website and is only an “intermediary service provider” under Law No. 6563 on the Regulation of Electronic Commerce and a “hosting provider” under Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed through Such Publications; it has no responsibility for the content on the Website that is not published by it and is not obligated to check whether the content in question is legal. Although RFBOARDS KENAN ERGÜNER has no such obligation and has the right, at its sole discretion, to check the content in question at any time and, if it deems necessary, to block access to or delete it. Anyone who violates the rights of RFBOARDS KENAN ERGÜNER or third parties with any visual, written or other content published on the Website is liable to RFBOARDS KENAN ERGÜNER and/or the third parties in question.
- 4. The Member acknowledges and agrees that in distance selling contracts executed for purchases from any Seller through the Website , the Seller is the seller and the Member is the buyer. RFBOARDS KENAN ERGÜNER is not a party to the said distance selling contract relationship. Therefore, the Member acknowledges and agrees that only the Seller is personally liable to the Member in all respects under applicable consumer law and other legislation. In this context, the Member acknowledges and agrees that the Seller is solely responsible for the quality of all products displayed and sold in the Virtual Store, their compliance with legislation, the issuance of warranty certificates, invoicing and delivery of other necessary documents, any necessary after-sales service, and the timely delivery of the products .
- 5. The Member accepts and declares that he/she will act in accordance with the provisions of this Membership Agreement, all conditions specified on the Website , applicable legislation and ethical rules in all transactions and correspondence carried out on the Website . He/she is responsible for the legal and criminal liability for the transactions and actions he/she performs on the website .
- 6. RFBOARDS KENAN ERGÜNER may share the Member’s information with the relevant authorities upon request by the competent authorities in accordance with the legislation in force, by informing the Member in advance if necessary in accordance with the Personal Data Protection Law No. 6698 and in any case subject to the data transfer rules.
- 7. Personal data collected from Members during registration to the Website and /or during shopping may be transferred to other Members and/or Sellers who may be parties to the dispute, provided that the relevant person is informed in advance and in all cases subject to the data transfer rules, in order for the parties to exercise their legal rights, limited to the requested subject, in case of disputes between Members and/or Sellers regarding forgery, fraud, misuse of the Website, or matters that may constitute a crime within the meaning of the Turkish Commercial Code No. 6100 .
- 8. The username and password required by the Member to access the My Account Page and conduct transactions on the Website are created by the Member, and the security and confidentiality of such information are the sole responsibility of the Member . The Member acknowledges, represents, and undertakes that any transactions made using their username and password are their own, that they are solely responsible for these transactions, and that they may not raise any defense and/or objection claiming that they did not perform these transactions, and/or that they will not refrain from fulfilling their obligations based on such defense or objection.
- 9. The Member shall not use the Website in a manner contrary to law and morality, particularly in the cases listed below:
- 9.1. Using the Website to create a database, record or directory on behalf of any person;
- 9.2. Using the Website in whole or in part for the purpose of disrupting, modifying or reverse engineering;
- 9.3. Carrying out transactions using false information or another person’s information, creating fake Membership accounts using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information, and using these accounts in violation of the Membership Agreement or applicable legislation, using another Member’s account without permission, becoming a party or participant in transactions by impersonating another person or under a false name;
- 9.4. Using the comment and rating systems for purposes other than those intended by the Website , such as publishing comments on the Website outside the Website , or in a way that manipulates the systems;
- 9.5. Spreading viruses or any other technology that may damage the Website , the Website’s database or any content on the Website ;
- 9.6. Collecting any information about Members or Sellers, including their e-mail addresses, without the consent of the relevant persons or engaging in other practices that would constitute a violation of Law No. 6698 on the Protection of Personal Data;
- 9.7. Performing activities that will create unreasonable or disproportionately large loads on communications and technical systems determined by the Website or that will damage the technical functioning, using automatic programs, robots, web crawlers , spiders, data mining and data crawling on the Website without the prior written consent of RFBOARDS KENAN ERGÜNER. Using “ scraping ” software or systems and copying, publishing or using all or part of any content on the Website without permission;
- 9.8. Using the Services, campaigns and advantages offered on the Website in bad faith and for the purpose of gaining unfair advantage, and violating the campaign terms in bad faith.
- 10. The Member is obligated to conduct transactions on the Website in a manner that will not cause any technical damage to the Website . The Member acknowledges and undertakes to take all necessary precautions, including the use of necessary protective software and licensed products, to ensure that all information, content, materials, and other content provided to the Website are free of any programs, viruses, software, unlicensed products, Trojan horses, etc. that could harm the system. The Member also agrees not to access the Account Page using robots or automated login methods.
- TERMINATION OF THE CONTRACT
- 1. Either Party may terminate this Membership Agreement unilaterally and without compensation at any time. In the event of such termination, the Parties shall fully and completely fulfill all rights and obligations accrued up to the date of termination.
- 2. RFBOARDS KENAN ERGÜNER has the right to suspend, terminate, sue and pursue membership if it detects or has reasonable suspicion that the Member has violated any article of this Membership Agreement.
- PRIVACY AND PROTECTION OF PERSONAL DATA
- 1. RFBOARDS KENAN ERGÜNER Member In order to benefit from the Services offered on the Website , RFBOARDS attaches importance to the processing, security, and protection of personal data provided by the Member through the Website in accordance with all applicable legislation, including Law No. 6698 on the Protection of Personal Data. RFBOARDS KENAN ERGÜNER collects, uses, transfers, and otherwise processes the personal data provided by the Member in accordance with the Privacy and Personal Data Protection Policy and Cookie Policy available on the Website . The Member understands that they may review the Privacy and Personal Data Protection Policy available on the Website at any time to obtain more information regarding the conditions regarding the use of their personal data and their rights in this regard, and that they may use the Privacy and Personal Data Protection Policy available on the Website by sending an e-mail to rfmuhendis@gmail.com as specified herein or through other methods specified in the Application Form available on the Website .
- 2. Personal data shared by the Member for the purpose of creating a Membership on the Website or benefiting from the Website are collected, stored and processed by RFBOARDS KENAN ERGÜNER or its business partners in accordance with the Privacy and Personal Data Protection Policy and Cookie Policy for the purpose of fulfilling the obligations determined by the Membership Agreement , carrying out the applications required for the operation of the Website , providing and offering various advantages to the Member or Visitor, carrying out payment transactions, making order deliveries, performing customer services and complaint tracking transactions , and conducting all kinds of electronic communication, profiling and statistical studies for the Member, such as advertising, sales, marketing , surveys and similar purposes. In addition, these personal data are used by RFBOARDS KENAN ERGÜNER for the purpose of communicating with the Member, provided that the obligations arising from the Personal Data Protection Law No. 6698 and other relevant legislation are fulfilled, in order to offer special advantages to the Member and to carry out sales, marketing and similar activities . and will be shared with its affiliates.
- INTELLECTUAL PROPERTY RIGHTS
www.rfboards.com brand and logo, www.rfboards.com mobile application and Website’s design, software, domain name and related RFBOARDS KENAN ERGÜNER. All trademarks, designs, logos, trade dress, slogans and all other content created are the property of RFBOARDS KENAN ERGÜNER and all intellectual property rights. Members may not use, share, distribute, exhibit, reproduce or create derivative works from the intellectual property rights of RFBOARDS KENAN ERGÜNER or its affiliates without the permission of RFBOARDS KENAN ERGÜNER. Members may not use all or part of the ozlemmarket.com mobile application or Website in any other medium without the permission of RFBOARDS KENAN ERGÜNER. If the Member acts in a way that violates the intellectual property rights of third parties or RFBOARDS KENAN ERGÜNER, Members are obliged to compensate RFBOARDS KENAN ERGÜNER and/or the third party in question for all direct and indirect damages and expenses.
- CONTRACT CHANGES
RFBOARDS KENAN ERGÜNER may , in its sole discretion, unilaterally amend this Membership Agreement and any policies, terms, and conditions on the Website , including the Privacy and Personal Data Protection Policy and Cookie Policy , at any time it deems appropriate, provided that they do not violate applicable legislation . The amended provisions of this Membership Agreement shall become effective on the date they are announced on the Website , and the remaining provisions shall remain in full force and effect. For the avoidance of doubt, this Membership Agreement may not be amended unilaterally by the Member.
- FORCE MAJEURE
If RFBOARDS KENAN ERGÜNERŞTİ. is prevented or delayed from fulfilling its obligations arising from this Membership Agreement due to riots, embargoes, government interventions, rebellions, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, employee-employer disputes, cyber attacks, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur for this reason, power outages, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters or other events that occur beyond the control of RFBOARDS KENAN ERGÜNER , are not caused by its fault and cannot be reasonably foreseen (“Force Majeure”) , RFBOARDS KENAN ERGÜNER cannot be held responsible for its obligations that are prevented or delayed as a result of Force Majeure, and this situation cannot be considered a breach of this Membership Agreement.
- MISCELLANEOUS PROVISIONS
- 1. Evidence Agreement. The Member agrees that, in disputes arising from this Membership Agreement, RFBOARDS KENAN ERGÜNER ‘s official books and commercial records, as well as e-archive records, electronic information, electronic correspondence, and computer records kept in RFBOARDS KENAN ERGÜNER ‘s database and servers, shall constitute binding, definitive, and exclusive evidence, and that this article constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
- 2. Applicable Law and Dispute Resolution. This Membership Agreement shall be exclusively governed by the laws of the Republic of Turkey. Any disputes arising from or in connection with this Membership Agreement shall be subject to the exclusive jurisdiction of the Ankara Central Courts and Enforcement Offices.
- 3. Notification: RFBOARDS KENAN ERGÜNER will communicate with the Member via the email address provided by the Member during registration, or by calling or sending an SMS to the phone number . The Member is responsible for keeping their email address and phone number up to date.
- 4. Entirety and Severability of the Membership Agreement. This Membership Agreement constitutes the entire agreement between the Parties with respect to its subject matter. If any provision of this Membership Agreement is determined by any competent court, arbitration tribunal, or administrative authority to be invalid, unenforceable, or unreasonable, in whole or in part, this Membership Agreement shall be deemed severable to the extent of such invalidity, unenforceability, or unreasonableness, and the other provisions shall remain in full force and effect.
- 5. Transfer of Membership Agreement. Member cannot fully or partially transfer its rights or obligations under this Membership Agreement without the prior written consent of RFBOARDS KENAN ERGÜNER .
- 6. Amendment and Waiver. The failure of either Party to exercise or enforce any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the subsequent exercise or enforcement of such right.
This Membership Agreement, consisting of 10 (ten) articles, has entered into force after each provision has been read and fully understood by the Member and approved electronically.