1. PARTIES
This Membership Agreement (“Agreement”) with Petro-Tech (“Our Company”) located at the address of Fevzi Çakmak Mahallesi Büsan/Artar5 Sanayi Sitesi Kenitra Caddesi No: 6/A Karatay / Konya / Turkey and the domain name www.petro-tech.com.tr It has been concluded between persons (“Members”) who are members of the website (“Site”).
Within the scope of this Agreement, our Company and the Member shall be referred to as the "Party" separately and together as the "Parties".
The Member has the right, authority and legal capacity to sign a contract in accordance with the law and/or the legal entity representation authority, that he/she obtained the information he/she gave to our Company for reference control purposes in order to become a Member of the Site, in accordance with the law, including the legislation on the protection of personal data, and that he/she shares, that he/she has read and understood this Membership Agreement, that he/she is bound by the conditions written here and accepts and undertakes. Our Company has no responsibility if the Site is used in violation of this Agreement and has the right to demand any damages that our Company may incur due to this reason.
The following current principles have been adopted for the confidentiality and protection of the information provided by our members to our Company, and for other matters related to sales from our Site.
2. SUBJECT OF THE AGREEMENT
2.1. Our company operates the Site and in this context, sells to Members who want to shop on the Site and meet certain conditions.
2.2. The subject of this Agreement; It is the regulation of the terms and conditions of the Member's membership to the Site. Within the scope of this Agreement, the Member who will benefit from the Site belonging to our Company knows that this Agreement will enter into force with the use of the Site and is obliged to act in accordance with the regulations in the Agreement.
2.3. The Terms of Use (this document is attached) and the Privacy Policy documents published on the site are also an integral part of this Agreement.
3. SITE MEMBERSHIP TERMS
3.2. The Member accepts and undertakes that he/she is a member of the Site, taking into account the rules set forth in this Agreement. In the event that our Company at any time deems that it does not meet the conditions required for Membership in the Site or that it no longer fulfills the conditions, it has the right to prevent the Member from using the Site and to terminate his membership without any further notice or warning.
3.3. The Member accepts and undertakes that he/she is a consumer, that he/she will not use the Site to act for commercial purposes and that any information and document he/she submits to prove that he/she is competent to use the Site is correct, up-to-date and reflects the actual situation. Otherwise, the Member accepts that the Member is solely responsible for any damages that our Company may incur and to compensate for such damages.
3.4. It is free to become a Member of the Site, and the person requesting membership is responsible for the accuracy of all the information provided for membership, and accepts and undertakes that this information will be his/her own responsibility for any damages that may arise from erroneous or incomplete information when necessary, such as forgetting a password. .
3.5. While identifying members, name, surname, company name and e-mail addresses are entered into the member identification system. Only corporate extension e-mail addresses are defined in the system for the cooperating companies.
3.6. The necessary precautions for the security of the information and transactions entered on our site have been taken by Petrotech Engineering and/or the relevant Card Organizations in the system and internet infrastructure, depending on the nature of the information and transaction. All credit card transactions and approvals are carried out online between you by the relevant Bank and similar Card Institutions independently of us (information such as credit card password is not seen and recorded by Petrotech Engineering).
3.7. The information that our customers enter on our Site for membership, product/service purchase and information update purposes, especially confidential information about credit and debit cards, cannot be viewed by other internet users.
3.8. If the member forgets his password, he can retrieve his password again by clicking on the "Forgot Password" link on the "Member Login" page and typing the e-mail address to which the member's account is linked, then pressing the "Send" button; The member is personally responsible for the security of this communication and its own communication channels.
3.9. Our Company has the right not to accept the Member as a member of the Site, to unsubscribe or to suspend his membership at any time.
3.10. In case the membership is suspended or canceled by our Company, it is prohibited to create a new membership using previous membership information or different information.
3.11. Whether it is regulated under this Agreement or not, the Member will act in accordance with all the rules and conditions on the Site, including but not limited to the Terms of Use, Privacy Policy, and the applicable legislation, public order and general morality, and fulfill the obligations required by the legislation. accepts and undertakes to bring
3.12. Shipments are made on the site only within the borders of the Republic of Turkey. For purchases to be made through the site, the pre-order information form and the terms of the sales contract will be valid for each transaction.
4. GENERAL PROVISIONS
4.1. Products sold by our Company on the Site are "AS IS"; in other words, it is presented within the framework of its current actual and legal conditions and no warranty is given, express or implied, on the products, including compatibility with any goods belonging to the Member.
4.2. The conclusion of this Agreement between the Parties does not oblige the Parties to purchase goods or services from each other and does not mean that the Parties have made such a commitment.
4.3. The information on the site is not binding for our Company, it does not mean that our Company exhibits goods openly to the public (therefore, it means a statement of recommendation), but is in the nature of a recommendation.
4.4. The Member accepts and declares that he/she understands that he/she can access the information of the Seller after paying the price of the product he/she ordered through the site.
4.5. The member is obliged to keep the password he created during his membership in the Site confidential and not to share it with third parties. The use of the password belongs exclusively to the Member. If the Member shares the Password with third parties for any reason, only the Member will be responsible for any damages that may arise. In the event that our Company suffers any loss due to the breach of the aforementioned obligation, our Company may recourse to the Member for compensation for this loss.
4.6. In cases where our site links to other internet-websites, the privacy-security policy and terms of use of those sites are valid for all uses and transactions; Petrotech Engineering is not responsible for any disputes, material and moral damages and losses that may occur due to the use of information from other websites accessed from our site for viewing advertisements, banners, content or for any other purpose, as well as the ethical principles, privacy-security principles, service quality and other practices of the sites. .
5. INTELLECTUAL PROPERTY RIGHTS
5.1. All intellectual property rights, all kinds of rights, including all financial rights on the Site and all elements of the Site, including its source codes, and including all financial rights, including processing, reproduction, dissemination, representation, sign, sound and/or image transmission to the public and retransmission. and the interest belongs to our Company. Copying and/or using the information and/or software used in the design, content and creation of the database of the site beyond making use of the Site, all kinds of pictures, texts, images, files, etc. within the Site. It is strictly forbidden to reproduce, copy, distribute, process data, transmit it to the public by means of sign, sound or image transmission and use it in other ways. This Agreement grants the Member a personal, worldwide, free, non-transferable and non-exclusive right to use only the services provided on the Site. No provision in this Agreement can be interpreted as granting any right, property or interest, in whole or in part, to the Member. The Member cannot in any way copy, modify, reproduce, create derivative works, reverse engineer, decompile or otherwise try to access the source code of the software running on the Site.
5.2. The Member provides information to our Company by using, copying, duplicating, processing, adapting, changing, publishing, transmitting, displaying and distributing, storing, through all kinds of media and distribution channels (currently known or to be developed later) of the information and the content created by the Member on the Site. grants a worldwide, non-exclusive, free use right (with the right to sublicense) to back it up.
5.3. The member cannot use the trade name, trademarks, service marks, logos, domain names of our Company and its affiliates in any way.
6. PRIVACY
6.1. The Parties shall accept the information regarding the past, present or future commercial activities, products, services, technical information and information of other customers of the other Party and the information defined as confidential information by the relevant party as Confidential Information and shall accept the Confidential Information as Confidential Information without the express consent of the other party. will not share it with other persons, and will not use it for purposes other than the performance of the Agreement. The Member shall destroy the Confidential Information of our Company as soon as the purpose of their use ceases and the Agreement is terminated at the latest.
6.2. The Parties shall promptly fulfill requests from official authorities regarding Confidential Information, without prejudice to their legal obligations.
6.3. The parties accept, declare and undertake that they will always act in accordance with the Law on the Protection of Personal Data No. 6698 and all kinds of legislation on the protection of personal data.
6.5. This article is independent of the Agreement and will remain in effect in the event the Agreement is terminated for any reason.
7. TERM AND TERMINATION OF THE AGREEMENT
7.1. Suspension of the activities of the Site by our company will mean the termination of this Agreement without the need for any additional notification or declaration. Interruption of the services offered on the site for any reason does not mean the termination of the Agreement and our Company does not have any responsibility.
7.2. The contract may be terminated by our Company without paying any compensation, by giving 1 (one) week's notice.
7.3. Any breach by either party of the provision in the confidentiality clause gives the other party the right to terminate this agreement unilaterally immediately.
7.4. In the event that the obligations in the contract are not fulfilled properly or at all, the Parties shall compensate each other for the losses incurred.
7.5. Our Company's responsibility for all kinds of claims and claims made by the member will be limited to the compensation of direct damages, and the total amount that our Company must pay within the scope of this responsibility will in no way exceed 100% of the net fee paid to our Company within the scope of the order in dispute. .
7.6. The Member accepts and undertakes that all information and documents given during the establishment of this Agreement are correct, up-to-date and in accordance with the actual situation. In the event that the aforementioned information and documents do not meet the specified qualifications, the Member is obliged to compensate all damages that our Company may suffer.
8. FORCE MAJEURE
8.1. Human and natural disasters, war, mobilization, fire, strike, lockout, which did not exist at the date of approval of this Agreement and which did not exist and unforeseen and occurred in a way and to a degree that would partially or completely, temporarily or permanently suspend the performance of the performance of the contractual act of the Parties, and are beyond the control of the Parties. other situations that occur are considered force majeure.
8.2. In the event that a Party is unable to perform its obligations under this Agreement for more than 30 days due to force majeure, the other Party has the right to terminate this Agreement without any responsibility to pay any compensation or price.
8.3. If the Parties delay in performing their debts due to force majeure, the Parties shall not be liable for such delay.
9. MISCELLANEOUS PROVISIONS
9.1. Assignment: The Member may not transfer the Agreement or its rights and obligations under the Agreement to any other organization or person without the prior written consent of our Company. Our Company may transfer the Agreement and its rights and obligations under the Agreement without notifying the Member.
9.2. Relationship Between the Parties: This Agreement does not in any way constitute, establish or imply any partnership, joint venture, agency, business relationship or other transaction of trust between the Parties. This Agreement does not authorize any Party to make commitments on behalf of the other Party or to impose obligations on the other Party (including in any commitment, assumption of obligation or responsibility, or exercise of a right or power).
9.3. Communication: For questions, suggestions and notifications regarding this Agreement, policies and rules and/or any content on the Platform, the form in the "Contact Us" tab on the Platform must be filled.
9.4. Validity: If one or more of the provisions in the contract become unenforceable due to mutual agreement of the parties or due to a legal obligation, the other provisions of the contract will continue to be applied. If necessary, the parties will issue a new one instead of the article that has become unenforceable by mutual agreement.
9.5. Waiver: Failure to use one or more of the rights in the contract cannot be interpreted as a complete waiver of the use of these rights or that other rights will not be used, unless the parties indicate in writing that their rights have been waived, and it will not give the other party any right in this regard.
9.6. Amendment of the Agreement: The terms of this Agreement can be changed unilaterally by our Company at any time as our Company deems appropriate. Continuing to use the Site after notification of the change to the Member means that the change is accepted.
9.7. Notification Address: All kinds of notices, warnings and confirmations arising from this contract between the parties and objections to them; telegram, fax, e-mail addresses they have agreed to or through a notary public (Notifications that must be made in a certain way in accordance with the law are exceptions). The parties must notify the other party in writing of address changes within 7 days. If this notice is not made, the notifications sent to the address available in this contract will have all the legal consequences of a legally valid notification.
9.8. Applicable Law and Authorized Court: This Agreement is subject to Turkish law and Ankara Courts and Enforcement Offices are authorized to resolve any possible disputes between the parties, including the execution, interpretation, violation, termination or validity of the Agreement.
9.9. Evidence Agreement: The parties accept that the electronic and system records, correspondence in electronic media, commercial records and book records kept by our Company in its own database and servers will constitute conclusive evidence in disputes that may arise from the Agreement, and that this article is in the nature of an evidential agreement within the meaning of Article 193 of the HMK. , declares and undertakes.
9.10. Effectiveness: This Agreement has been concluded electronically and enters into force as of the date the Site is used.