MEMBERSHIP AGREEMENT

 

Parties

 

This membership agreement has been mutually accepted and entered into force upon the electronic approval of the "Member" given at the time of becoming a member of www.vso.com.tr via www.vso.com.tr (hereinafter referred to as the "Site").

The user accepts, declares, and undertakes that they have read the entire Membership Agreement, understood its content entirety, and approved all its provisions with the electronic approval they gave when registering on the site.

 

Definitions

 

Nexus Diyafon Akilli Ev Sistemleri Ic ve Dis Ticaret Anonim Sirketi, which carries out the activities of the website www.vso.com.tr, is located at the address of Esentepe Mah. Buyukdere Cad. Loft Residence No: 201/6 Levent Sisli Istanbul (hereinafter referred to as the "Seller").

 

The Site: It is the website accessible via www.vso.com.tr on the online environment where various services and content are offered within the determined framework.

 

Member: A natural or legal person who became a member of the site and uses the services offered on the site in accordance with the terms set out in this agreement.

 

Buyer: A member or real/legal person who purchases the goods and/or services offered for sale by using the Services offered on the Site.

 

User: is the person who visits the www.vso.com.tr website with or without shopping.

 

Membership approval: It is the action of the Member that must be done in order to activate their membership upon the message sent from www.vso.com.tr

 

Website Terms of Use and Membership Agreement: It is the agreement herein that is concluded electronically between real and/or legal persons who will benefit from the commercial and personal services offered through the site and the www.vso.com.tr website.

 

Subject and Scope of the Contract

 

The subject of the Membership Agreement is the determination of the Services offered on the Site, the terms of benefiting from these Services, and the rights and obligations of the parties.

 

The scope of the Member Agreement is this agreement and its annexes and all the declarations regarding the use, membership, and Services of the Site made by the seller such as warnings, texts, and explanations. By accepting the provisions of the Membership Agreement, the Member also accepts all kinds of statements made by the seller regarding the use, membership, and Services contained in the Site. The member agrees, declares, and undertakes to act in accordance with all matters specified in the statements mentioned.

 

The services to be provided by the www.vso.com.tr website consist of electronic commerce through the Site as defined in the Consumer Law legislation in general.

 

The services to be provided by the www.vso.com.tr website are the delivery of the products offered for sale at www.vso.com.tr on behalf of www.vso.com.tr, as being not limited to quantity; through the cargo company; in case the stock status of the supplier is available and the debt is payable, that is, the goods loaded by the contract are delivered to the seller without any defects; within the promised time after the price has been paid by the Member.

 

www.vso.com.tr is completely free to determine the scope and nature of the services it will provide through the Site and is deemed to have put into effect the changes it will make regarding the services by publishing it on the Site.

 

In order to benefit from the services to be provided within the site, users must have the qualifications to be determined by www.vso.com.tr and to be specified in the content of the relevant section of the Site. www.vso.com.tr it is completely free to determine these qualifications and is considered to have put into effect any changes it will make to the qualifications by publishing them on the site.

 

Membership and Terms of Service

 

Membership is completed by the person who wants to become a member by sending the necessary identification information through the relevant section of the Site to become a member of the Site, and by completing the registration process and confirmation of the registration by the seller. Before the completion of the membership process, the right and authority to become a Member defined in this agreement are not granted.

 

In order to become a member of the site, it is required to be at lawful age, to be authorized to represent and bind the legal person in case of legal persons, and not to be temporarily suspended from membership or banned from membership indefinitely by the seller within the scope of this agreement. Applications made by the persons who are under lawful age or who are not authorized to represent and bind the legal person in the case of a legal person, or, as stated above, by persons who have been temporarily suspended or indefinitely banned from membership by the seller within the scope of this agreement, even if the site has completed the registration process, is a situation that prevents the use of the rights arising from the Membership.

 

The Seller may at any time unilaterally terminate this agreement without giving any reason, any notice, and without any obligation to pay any compensation and with immediate effect, may terminate the membership, or may temporarily suspend the Member's membership without terminating the contract. The decisions for termination, termination of membership, and suspension of membership specified in this article will be made entirely by the seller's own will, pursuant to the occurrence of a breach of this contract, violations of the rules specified on the Site, determination, by the seller, that the transactions or the situation resulting from the transactions of the Member are posing a risk to the information security system of the seller, or consideration, by the seller, that the seller's commercial decisions or the situation that has arisen are posing a legal risk.

 

Rights and Obligations

 

Member Rights and Obligations

 

The Members accept, declare, and undertake that they will act in accordance with all the conditions in the Membership Agreement, the rules specified in the relevant parts of the Site, and all applicable legislation while performing membership procedures, benefiting from the Services of the Site, and performing any transactions related to the Services on the Site and that they understand and approve all the terms and rules specified in this agreement.

 

In accordance with the provisions of the mandatory legislation in force or in cases where it is claimed that the rights of other members and third parties have been violated, the members accept, declare, and undertake that the seller will be authorized to disclose their confidential/private/commercial information to both official authorities and beneficiaries, and therefore, no compensation can be claimed from the seller under any name.

 

The issues related to the security, storage, use of the means for accessing the system (Username, password, etc.) used by the Members in order to benefit from the Services offered by the seller and keeping them away from the information of third parties are the sole responsibility of the Members. The seller has no direct or indirect responsibility for any damages suffered or may be suffered by members and/or third parties due to all the negligence and faults of the members in matters such as the security, storage, use of the means of accessing the system and keeping them away from the information of third parties.

 

The Members agree, declare and undertake that the information and content provided by them within the Site is accurate and in accordance with the law. The Seller is not liable and responsible for investigating the accuracy of the information and content transmitted by the Members to the seller or uploaded, changed, or provided by the Members on the Site, and not liable and responsible for undertaking and guaranteeing that this information and content are safe, accurate and lawful, and the seller cannot be held responsible for any damages that may arise due to the inaccuracy of the said information and content as well.

 

Members shall not transfer their rights and obligations under the membership agreement, in whole or in part, to any third party without the written consent of the seller.

 

Those who use the services offered by the seller and those who use the site shall only act on the Site for lawful purposes. The legal and criminal responsibility in every transaction and action of the Members within the Site belongs to them. Every Member accepts, declares, and undertakes not to reproduce, copy, distribute, process the pictures, texts, audiovisual images, video clips, files, databases, catalogs, and lists on the Site in a way that constitutes an infringement of the real or personal rights or assets of the seller and/or another third party, and not to compete directly and/or indirectly with the seller either by these actions or by other means. The Seller cannot be held responsible in any way, directly and/or indirectly, for the damages incurred or to be incurred by third parties due to the activities of the Members on the Site in violation of the provisions of the Membership Agreement and/or the law.

 

The seller, the seller's employees or managers are not responsible for the services provided and the content published on the Site by third parties, including the Members. The commitment of the accuracy and legality of the information, content, visual and audio images provided and published by any third party is entirely under the responsibility of the persons who perform these actions. Seller does not undertake or guarantee the security, accuracy, and compliance with the law of the services and content provided by third parties, including members.

 

Within the scope of all kinds of campaigns and lotteries to be carried out on the site, the Member accepts, declares, and undertakes that the seller will share the membership information of the Members who are entitled to participate in the campaigns and lotteries with the persons and institutions related to the campaign and the lottery and that he/she will not claim any compensation from the seller for this reason.

 

Regarding the transactions performed by the member on the portal, the Member accepts, declares, and undertakes that he/she is obliged to fulfill the precautions and procedures required by the relevant legislation in terms of titles such as advertisers, producers, taxpayers, and so on, the seller has no authority and responsibility regarding these measures and procedures and the member shall be responsible for any damages incurred or to be incurred by other Members, the seller and/or third parties due to all negligence and faults that will result in failure to fulfill the measures and procedures within the scope specified in this article.

 

After completing the sections required for registration and confirming their e-mail addresses, the members can start using the Site by entering their e-mail addresses and passwords, provided that they comply with the conditions specified in this agreement.

 

While benefiting from the Site and its services, the Member agrees to comply with the provisions of Turkish Penal Code, Turkish Commercial Code, Law on Intellectual and Artistic Works, Statutory Decrees and Legal Regulations on the Protection of Trademark and Patent Rights, the Law of Obligations, and other relevant legislation and any announcements and notifications to be published by the Site regarding its services. All legal, penal, and financial responsibilities that may arise due to these notifications and illegal use belong to the member.

Information (frequency of visits, date of visits, etc.) of members visiting the site are tracked with the aim of being able to serve them better. Adhering to the terms of confidentiality, this information is shared with companies that cooperate in matters such as advertising in order to expand and improve the content. The purpose here is to improve the service offered by the site to its users and to enrich the content offered by the site.

 

Rights and Obligations of Buyers

 

By making a request to buy the exhibited product, the buyer is deemed to have accepted the sales conditions and procedures determined by the seller with the product description.

 

The buyer accepts and declares that the seller has no knowledge related to the essence of the product including but not limited to the issues such as if the products offered for sale by the manufacturers on the site are defective or not, if it is a banned product or not, the nature of the product, its originality, the accuracy and completeness of the written and/or visual explanations used in the promotion of the product, etc., and is not obliged to undertake and guarantee them.

 

If the manufacturer refuses to sell and deliver the product at any stage of the purchase-sale process on the Site for any reason, the Buyer accepts, declares, and undertakes that the seller shall not have any responsibility or liability for this situation and that the buyer cannot demand from the seller the supply of the product or its equivalent which the buyer is trying to buy, or any compensation based on this.

 

The buyer accepts, declares, and undertakes that the seller will create the preliminary information form and distance sales contract regarding the products within the Secure shopping system Service, in accordance with Law No. 6205 on the Protection of the Consumer and the Regulation on Distance Contracts.

 

The Buyer accepts, declares, and undertakes that he/she will approve the preliminary information form and the distance sales contract, which the seller has prepared within the framework of Law No. 6205 on the Protection of the Consumer and the Regulation on Distance Contracts and based on the membership information given by the Buyer on the Site and the information given by the Manufacturer regarding the product subject to sale.

 

Seller's Rights and Obligations

 

The Seller reserves the right to change the Services and content offered on the Site at any time, to close and delete the information and content uploaded by the Members to the access of third parties including the Members. Seller may exercise this right without notice and without prior notice. Members must immediately comply with the changes and/or corrections requested by the seller. Changes and/or corrections requested by the seller may be made by the seller if deemed necessary. The legal and penal responsibilities for the damages that arose or may arise due to the Members not fulfilling the change and/or correction requests asked by the Seller in a timely manner, belong solely to the Members.

 

The Seller may use the membership information on the Site in any way the Seller wishes for the security of the User and for the performance of its own obligation and the websites created by the group companies mentioned on the home page of the Site and the Site (www.vso.com.tr) within its own body for marketing, promotion and communication, and some statistical evaluations. The Seller can classify and store them in a database.

 

The seller does not act as a mediator or arbitrator in disputes arising between Members within the scope of the services provided on the Site.

 

The Seller may scan the necessary content and/or messages in order to detect messages and/or content between Users that are contrary to the operation of the Site and/or the Membership Agreement and/or the general rules of the Site and/or general morality rules, and which cannot be accepted by “Seller” or “X” and can remove the access of the messages and/or content it detects at any time and in any way, and the Seller may warn the Member who created this message and/or content in writing and/or terminate the Member's membership temporarily or permanently without any notice.

 

Members and the seller are legally independent parties. There is no partnership, representation, or employee-employer relationship between them. As a result of the approval and implementation of the Membership Agreement, no partnership, agency, or employee-employer relationship arises.

 

The "usernames" that the Members upload to the system while becoming a member of the Site are subject to the provisions of this Membership Agreement and Members must not violate the legal rights of third parties such as copyright, trademark, trade name, etc. while determining the "username". In the event that the Members violate the provisions of this article, the seller may request the correction of this situation, which is contrary to the Membership Agreement, or may cancel the Member's membership temporarily or permanently, if it wishes, without prior notice to the Member.

 

Seller agrees, declares, and undertakes to keep the preliminary information form and distance sales contracts for sales made through the Site for a period of 3 years and to share this distance sales contract and preliminary information form at the request of the Buyer and Manufacturer during this period. The Seller does not keep the credit card information of its customers registered in the system.

 

For the improvement and development of the www.vso.com.tr website and/or within the framework of legal regulations, some information such as the name and Internet Protocol (IP) address of the Internet service provider used to access the site, the date and time the site was accessed, the pages accessed while on the site, and the Internet address of the Web site that allows direct connection to the site may be collected by the Seller.

 

The Seller may use the personal information of the members to provide better service to its members, to improve its products and services, to facilitate the use of the site, for the works aimed at the special preferences and interests of the Members. The seller reserves the right to keep a record of the member's actions on the www.vso.com.tr website.

 

The seller may limit, suspend or cancel the membership right of the member, user or buyer without any notice or warning due to the rules of the www.vso.com.tr website or any of their obligations set forth in this agreement, or any action or transaction contrary to any law, regulation or other legislation. In these cases, the member, user, or buyer cannot claim and collect any negative or positive damages and losses, rights, and receivables from the seller.

 

Intellectual Property Rights

 

All elements (including but not limited to design, text, image, Html code, and other code) of the Site are used by being owned by the seller (the works subject to Seller copyright) and/or under the license right obtained by the seller from a third party. The Members shall not resell, share, distribute, display, reproduce, create derivative works from, or prepare, or allow anyone else to access or use the Seller's Services, Seller’s information, and Seller's copyrighted works; otherwise, the Members will be responsible for meeting the amount of compensation and any other obligations including but not limited to the court costs and attorney's fees claimed from the seller for the damages incurred by the third parties including but not limited to the licensors.

 

All property, real and personal rights, commercial information and know-how of the seller, including any material and intellectual property rights owned by the seller through the seller Services, seller information, works subject to seller copyrights, seller trademarks, seller commercial appearance or the Site are reserved.

 

Agreement Changes

 

This Agreement shall remain in force until the member cancels his/her membership or the seller cancels his/her membership. The seller may terminate the contract unilaterally by canceling the member's membership if the member violates any provision of the membership agreement.

 

Limitation of Liability

 

www.vso.com.tr is not responsible for any direct or indirect damages that may arise due to breach of the agreement, the act of injustice, or other reasons due to accessing the Site, use of the Site or the information and other data, programs, etc. on the Site. www.vso.com.tr does not accept any responsibility for interruption of the transaction, error, negligence, interruption as a result of the breach of the agreement, the act of injustice, negligence, or other reasons. It is accepted that www.vso.com.tr entity is exempted from all kinds of liability, damages, and claims including court and other expenses, by accessing or using the Site or other linked websites and as a result of using/visiting it.

 

Transfer

 

www.vso.com.tr can transfer this agreement in whole or in part at any time without notice. However, the User and Member cannot transfer this agreement or any part of it to another party. Such a transfer attempt is invalid.

 

Force Majeure

 

In all cases that are considered force majeure by law; is not liable for late performance or non-performance of these Terms of Use and Membership Agreement. In these and similar cases, www.vso.com.tr shall not be deemed to be delayed or non-performed or in default, or www.vso.com.tr entity shall not be liable for any compensation for these cases.

 

Applicable Law and Authority

 

In the implementation of this agreement, the Consumer Arbitration Committees and the CONSUMER COURTS in the Seller's location are authorized up to the value declared by the Ministry of Industry and Trade. If the order is approved electronically, the Buyer is deemed to have accepted all the provisions of this agreement. In case of any dispute between the Parties and/or the complaints of third parties, the seller's records and documents, e-mail correspondence, system records on the website (including records in magnetic media such as computer-sound recordings) will constitute conclusive evidence exclusively within the meaning of Article 193 of HMK.

 

Entry into Force

 

Membership registration of the member means that the member has read all the articles in the membership agreement and accepted the articles in it. This Agreement has been concluded at the time of the member's membership and entered into force mutually. The seller may change the terms of this Agreement at any time, and the changes are published on the site with the version number and date of the change and enter into force on the same date.

 

 

I READ-ACCEPTED and APPROVED

 

Member

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