MEMBERSHIP AGREMENT

PARTIES

This Membership Agreement ("Agreement") has been concluded between ALTOBEH TEXTILES FOREIGN TRADE LIMITED COMPANY (“ALTOBEH”), the owner of www.altobeh.com and mobile device applications and resident at Topçular Mah.Rami Kışla Cad.No:5 İç Kapı No:20 Eyüpsultan / Eyüp / İstanbul  . . and the website user who becomes a member of www.altobeh.com and its mobile application ("Platform") by approving the following conditions or becomes a member through applications set in mobile devices ("Member") in order to define the conditions to benefit from the Services of ALTOBEH by the Member.

ALTOBEH and the Member shall be referred to as “Parties” together and “Party” separately in this Membership Agreement.

 

DEFINITIONS

Seller:

Legal person who offers or sells goods or services subject to electronic commerce through the platform.

Buyer:

Real or legal person who buys or acts for the purpose of purchasing the goods or services subject to electronic commerce through the platform.

Service Provider:

Real or legal persons engaged in electronic commerce activities.

Intermediary Service Provider:

Real or legal persons offering facilities for electronic commerce in order to conduct financial and commercial facilities for others.

Privacy and Personal Data Protection Policy:

Accessible text on wwww.altobeh.com platform governing general privacy policy of ALTOBEH concerning personal data and use of cookies, including for example, how and for which purposes ALTOBEH use personal data transmitted by the members through Platform.

My Account Page:

A member's private page, accessible with the user name and password specified by the member concerned in which he/she can take necessary actions to benefit from various applications and services in the platform, can enter their personal data and requested information as per the application.

Services:

Practices set out by MODANISA in order to enable members to perform actions defined in this Membership Agreement.

LPPD:

Law No. 6698 on the Protection of Personal Data. Member: Real persons approving membership agreement, terms of use and privacy notifications on the website of www.altobeh.com and having the title of "Member".  User / visitor: persons visiting www.altobeh.com without being a member of the site.

Guest User:

Persons who shop thorough www. altobeh.com without being a member of the site.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. In order to  gain membership status, the user who wants to become a member must  approve this Membership Agreement on the Platform, fill in the information requested here with correct and up-to-date information, and the membership application must be evaluated and approved by ALTOBEH. A user who wants to become a member must be over 18 (eighteen). Membership status starts with the completion of the approval process and notification to the Member, and thus the Member gains the rights and obligations specified in this Membership Agreement and the relevant parts of the Platform. The member who does not provide accurate and up-to-date information while filling out  the aforementioned Membership Agreement is  personally responsible for all damages that may arise for this reason. The member has the right to terminate the membership status at any time by clicking "Cancel Membership" button, which can be accessed from the My Account page. Cancellation of membership does not mean cancellation of approval for commercial e- mail sending. The member should also withdraw his/her approval to send electronic messages, in particular.

3.2. In the event that there is a dispute about who owns the membership rights and obligations and the persons in question submit request to ALTOBEH in this regard, the last person who made a payment to ALTOBEH for any Service using the relevant Membership account is deemed to be the owner of the Membership account and action will be taken accordingly.

3.3. The Member hereby agrees and declares that if the he/she wishes to initiate any legal action or purchase process related to the campaigns and / or advertisements displayed on the Platform, he / she is obliged to fulfill all the necessary legal obligations and legal procedures, including those on the Platform, and that ALTOBEH does not have any information and responsibility concerning these obligations and procedures.

3.4. The Member agrees and declares that ALTOBEH is the Seller and he/she is the Buyer in the distant sales contracts to be concluded concerning purchases from ALTOBEH via the Platform and that ALTOBEH is accountable to him/her within the scope of the current  commercial law legislation and other legislation in relation to the mentioned commercial distant sales contract.

3.5. ALTOBEH will be authorized to collect receivables for the products that the Member will purchase from the seller, and the buyer shall be free from the obligation to pay against the seller with such payment to ALTOBEH.

3.6. With respect to the actions and correspondance  mover the Platform, the Member declares to agree that he/she will act in accordance with the provisions of this Membership Agreement, all the conditions set out in the Platform, the applicable legislation and the code of ethics. The Member will have the legal and penal responsibility for this/her actions within the Platform.

3.7. ALTOBEH will be able to share the member's information with competent authorities upon the request of these authorities in accordance with applicable legislation.

3.8. Personal data obtained from Members in the registration to and/or shopping in Platform may be shared with other Members, who may be a party to disputes among Members due to forgery, fraud, misuse of Platform, other disputes which may constitute a crime within the scope of Turkish Penal Code in order to ensure that the relevant parties can exercise their legal rights, but with limited to the scope and content of the request.

3.9. The user name and password required by the Member to have access to My Account page and to perform actions through the Platform is created by the Member, and the security and confidentiality of such information is completely under the responsibility of the Member. The Member accepts, declares and undertakes that actions performed with his/her user name and password belong to him/her; he/she is responsible thereof in advance; he/she cannot argue and/or contest that the related actions have not been performed by himself/herself and/or that he/she cannot refrain from fulfilling his/her obligations based on such arguments or contests.

3.10. The Member shall not use the Platform illegally and immorally, especially in the following cases.

3.10.1 Using the Platform to create, control, update or modify databases, records or contacts on behalf of any person;

3.10.2 Using the whole or a part of the Platform for destruction, replacement or reverse engineering purposes;

3.10.3 Creating fake Membership accounts by using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information, and creating fake Membership accounts by using wrong information or another person's using it  contrary to the current legislation, unauthorized use of another Member's account, being a party or participating in transactions by  substituting another person's name or under a wrong name;

3.10.4 Using comment and scoring systems for purposes not related with the Platform such as publishing comments in the Platform outside the Platform or using them to manipulate the systems;

3.10.5 Spreading viruses or any other malware that may damage the Platform, its database and any content on the Platform;

3.10.6 Creating unreasonably or disproportionately large loads on communications and technical systems designated by the Platform or damaging technical functioning;

without ALTOBEH's prior written permission, using "screen scraping "software or systems such as automated programs, robots, web crawlers, spiders, data mining and data scanning on the Platform, and thus unauthorized copying, publishing or using all or part of any content on the Platform.

3.11. The Member is obliged to carry out actions  on the platform so that it does not harm ALTOBEH financially and technically in any way. The Member accepts and undertakes that he/she has taken all measures to ensure that the Platform will have necessary protective software and licensed products to prevent any virus, software, unlicensed product and trojan horse etc. which may damage Platform.  The Member also agrees not to enter the My Account page by robot or automatic login methods.

3.12. Use of Platform and its content contrary to terms of use specified in this Membership Agreement or the provisions of the applicable legislation is unlawful ad ALTOBEH reserves the right to demand, sue and follow-up any action.

 

4.PRIVACY AND PROTECTION OF PERSONAL DATA

4.1. Processing of Personal Data:

ALTOBEH is subject to both LPPD (Law No. 6698 On The Protection of Personal Data ) and the EU General Data Protection Regulation No. 2016/679 in relation to the processing of personal data obtained from its members. Under the Turkish Policy on Privacy and Protection of Personal Data and Privacy Policy of EU General Data Protection Regulation, ALTOBEH collects, uses, transmits and processes personal data obtained from its users in accordance with this Agreement, which can be accessed from its platform. Turkish Policy on Privacy and Protection of Personal Data and Privacy Policy of EU General Data Protection Regulation is an integral part of this Membership Agreement.


If you are not resident in Turkey and make payment  .......,…………, ……………., …………….,………… ……,……… …….,. through the card or  ...........abroad, it is processed only using your order number without access to your personal data through the card.

For more information about our use of personal data and your rights, and

to learn about our protection and processing of your personal data within the scope of LPPD,

You can access to the Policy on Privacy and Protection of Personal Data through the link [the Policy on Privacy and Protection of Personal Data ]and you can exercise your rights by sending an email to [email protected] Moreover, if you reside in a European Union member state, you can access to the GPDR Privacy Policy at the [GPDR Privacy Policy] link to learn about our protection and processing of your personal data under GPDR and you can exercise your rights by sending an e-mail to our Data Protection Officer at [email protected] The e-mail address that you contact us must be the e-mail address that you submitted during your ALTOBEH membership process. Requests received from other email addresses will not be answered unless reasonable proof of your membership is provided.

 

5.INTELLECTUAL PROPERTY RIGHTS

"ALTOBEH" brand and logo, design, software, domain name of "ALTOBEH" mobile application and Platform as well as all other brand, design, logo, trade dress, motto and all other content created by ALTOBEH are the exclusive property of Company. The Member may not use, share, distribute, display, reproduce or perform any related action on intellectual property rights under the ownership of ALTOBEH or its affiliates without its written permission. The Member may not use all or part of the mobile application or Platform in any other place without the written permission of ALTOBEH. If the Member acts in violation of the intellectual property rights of third parties or ALTOBEH, the Member is obliged to reimburse all direct and indirect damages and expenses of ALTOBEH and/or such third party.

6. AMENDMENTS TO THE AGREEMENT

ALTOBEH may unilaterally amend this Membership Agreement and any policies, including Policy on Privacy and Protection of Personal Data on the platform, by announcing the terms and conditions on the platform at any time it deems appropriate, not contrary to the provisions of applicable legislation. The amended provisions of this Membership Agreement will become effective on the date they are announced on the platform, and the remaining provisions will remain in force and continue to be effective.

7. FORCE MAJEURE

If cyber-attacks, communication problems, infrastructure and internet failures, system improvement or refurbishment work, and malfunctions that may occur for this reason, power failure, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster including rebellion, coup, embargo, government intervention, riot, invasion, war, mobilization, strikes, lockouts or boycotts, labor actions, or other events beyond the control of ALTOBEH, not originating from its fault, and other reasonably unforeseeable events ("Force Majeure") prevent ALTOBEH from performing its contractual obligations or delay the performance of the obligations, ALTOBEH cannot be held responsible for blocked or delayed obligations as a result of force majeure and this shall not be deemed as a breach of this Membership Agreement.

 

8. GENERAL PROVISIONS

8.1. The Member hereby accepts that official book of ALTOBEH and its commercial records as well as e-archives records, electronic information and computer records kept in the databases and servers of ALTOBEH will constitute binding, accurate and exclusive evidence in case of disputes which may arise from this Membership Agreement and that this Article constitutes an evidential contract within the scope of Article 193 of the Civil Procedure Law No. 6100.

8.2. This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising out of or in connection with this Membership Agreement shall be under the exclusive jurisdiction of the Istanbul Consumer Arbitration Committees and the Istanbul (Caglayan) Courts and Executive Directorates.

8.3. ALTOBEH will contact the Member through the e-mail address provided by him/her when registering, or by making calls and sending SMS to the phone number. The Member is obliged to keep the e-mail address and phone number up to date.

8.4. This Membership Agreement constitutes the entire agreement between the parties regarding this matter. Where any provision of this Membership Agreement is deemed ineffective or inapplicable or unreasonable in full or part by any competent court, arbitration committee or administrative authority, this Membership Agreement shall be regarded as divisible to the extent of its ineffectiveness, non-applicability or unreasonability and other provisions shall entirely remain in force.

8.5. The Member may not transfer its rights or obligations in whole or in part to mentioned in this Membership Agreement without ALTOBEH's prior written consent.

8.6. Failure by one of the Parties 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 8 (eight) articles, entered into force following its approval by the Member after fully reading and understanding each provision and accepting it in electronic environment.

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