WWW.JLY.COM.TR MEMBERSHIP AGREEMENT and CONFIDENTIALITY PRINCIPLES
This Agreement, the owner of the website www.jly.com.tr company headquarters Güzelevler Mah. Mobilyacilar Sitesi Akasya Sok. No:9 Yuregir Adana BS Mağazacılık Tekstil İth. Ihr. Ltd. Sti. (JLY) and www.jly.com.tr website (“Site”), a member (“Member”) under the following conditions.
After completing the registration process on the Site and confirming the e-mail address, the member can start using the Site by entering his e-mail address and password, provided that he complies with the conditions specified in this Agreement.
In case the Agreement is concluded on behalf of a legal entity, the person concluding the Agreement is authorized to carry out such a transaction on behalf of the said legal entity, otherwise (in case of unauthorized transaction) for all the resultant transactions he/she has made or will do thereafter. accepts, declares and undertakes that he is personally responsible.
The Member accepts that he/she will be deemed to have accepted all the terms of the Agreement from the moment he/she starts to benefit from the services and these terms will be binding for him/her.
JLY reserves the right to change the following terms and conditions when necessary in accordance with the legislation or this Agreement, at its own discretion, or by obtaining approval from the Member by sending an e-mail.
- Member's Rights and Obligations
1.1. JLY is a site open to everyone who is a member of the Site. Services provided on the site are free of charge.
1.2. The Member accepts, declares and undertakes that he will act in accordance with all the conditions in the Agreement and the rules specified in the relevant parts of the Site when using the Site.
1.3. While benefiting from the services offered on the Site, the Member can benefit from the provisions of the Code of Obligations, the Turkish Penal Code, the Turkish Commercial Code, the Law on Intellectual and Artistic Works, the Protection of Trademark and Patent Rights, the Law on the Protection of Personal Data, the Decree-Laws and other relevant legislation. . . . All legal, penal and financial responsibilities that may arise due to these notifications and illegal use belong to the Member.
1.4. The Member shall indemnify all kinds of damages incurred by JLY due to the act contrary to its obligations under this Agreement; JLY has the right of recourse to the Member for any compensation, administrative/judicial fines that the Member may have to pay to public institutions and/or third parties due to the Member's behavior contrary to the Agreement.
1.5. The member cannot take actions that prevent or make it difficult for other members and visitors to use the Site; cannot load and lock servers or databases with automated programs, or attempt to mislead data; otherwise, his membership will be terminated and he will assume all legal and criminal liability that may arise from this situation.
1.6. It is the individual's responsibility to back up all correspondence with JLY and is recommended by JLY. JLY cannot be held responsible for the loss or deletion of correspondence due to not being backed up.
1.7. Any record of the membership account terminated by JLY or the Member himself may be kept by JLY subject to the conditions stipulated by the Personal Data Protection Law; however, JLY is free to delete such records from the moment the membership ends. The member cannot claim any right or compensation regarding the deleted records. However, the Member's right to be informed about his/her personal data is reserved. The said right may be exercised in accordance with the provisions of article 5 below.
1.8. The Member declares and undertakes that the personal and other information provided while registering or shopping on the Site is correct and up-to-date, and that if this information is not correct or up-to-date, he will fully and promptly compensate JLY for all damages incurred for this reason.
1.9. The risks related to the links (links to different websites) on the Site for the purpose of providing information and convenience to the visitors belong to the Member.
1.10. The visual and textual content presented on the site is for personal use. All rights of all texts, graphics, photos, videos, animations and sounds in the content of the site are reserved; Unless otherwise stated, it cannot be used for commercial or personal purposes without permission and reference. It is forbidden to publish or link any element of the Site in any other medium or website without the permission of JLY.
1.11. The member may not use, resell, share, distribute, exhibit, reproduce, process, create derivative works from, or prepare, in any way, JLY's copyrighted works on the Site. Otherwise, the Member is liable for all damages that JLY may suffer.
1.12. Copying or using the software used in the design of the pages and the creation of the database and all rights reserved by JLY is strictly prohibited.
1.13. The Member cannot delete or remove the notes under copyright, trademark and Law on Intellectual and Artistic Works from any material copied from the Site or printed with a printer.
- JLY's Rights and Obligations
2.1. In the following cases, JLY has the right to cancel the said transactions, to stop the use of the Member, to terminate the Member's membership, to terminate this Agreement unilaterally immediately, in addition to all its rights arising from the law:
(a) In the event that information that contains incorrect, irregular, incomplete and misleading information, statements that do not comply with the general moral rules and that does not comply with the laws of the Republic of Turkey, is recorded on the Site;
(b) In case of using or trying to use the works and data on the Site by copying partially or completely;
(c) In the event that information such as user name and password given to the members by JLY or that they have determined, their usage rights are shared with third parties, directly from the malicious use of their passwords by other persons; The member is responsible. Likewise, the Member cannot use someone else's IP address, e-mail address, user name and other information on the internet, and cannot access or use other Members' private information without permission. Any legal and penal liability that may arise due to such use belongs to the member;
(d) In case of using software that will threaten the general security of the Site, preventing the operation of the Site and the software used, performing activities, trying to be done and obtaining, deleting or changing information;
(e) Detection by JLY of abuse of the sales system or the Site in the form of damaging JLY, providing an unfair advantage, making repeated practices by taking advantage of any vulnerability (technical etc.) of the member, JLY campaigns, sales system or the Site. in case of;
(f) In case the Member acts in violation of all the terms in the Agreement, the rules specified in the relevant parts of the Site and the applicable legislation, while using the Site or shopping.
2.3. Various information (personal data such as name, surname, e-mail address, telephone number, gender, date of birth, billing and delivery addresses) of users and Members who visit and / or shop the Site, visitor movement, frequency, time of visit to the site and Collective statistical data that does not contain personal information, such as the duration of the order, the time of ordering and the IP address at the time of order, the statistics of the product pages visited and the products ordered, the analysis of the survey questions whose answering is entirely left to the user's choice, and similar data, are used to improve the quality of the service provided by JLY. It can be processed for various purposes such as designing special promotional activities for the member profile and customer "classification" studies for not sending unsolicited e-mails. The information obtained or all personal data shared by the Member can be used to carry out and complete the order processes of the Members and to provide relevant communication, to provide information about products, services, campaigns and promotions, provided that the confidentiality principles are adhered to during the Contract or even after the Contract's expiration. In parallel with the communication preferences of the Members, to be able to "classify" the Members in order to prevent the transmission of unsolicited e-mails, to make trend and statistical analyzes for the purpose of enriching and improving the content of the Site, to strengthen the security of the Site, to make more special and effective shopping for the Members. It can be used in promotion, advertisement, supply and similar purposes for purposes such as providing an experience, or, for these purposes, with JLY's business partners at home and abroad (with cargo, shipment, call center, database, etc. services companies), appropriate security It can be shared, provided that the necessary precautions are taken. However, JLY will not use this data for commercial purposes for any reason other than its activity. This provision does not prevent the transfer of the contract to third parties.
Within the scope of the above-mentioned purposes, our site uses "cookies", which can be defined as small data files saved on the computers of the Members during their visit. These files are industry-standard files that are available on all shopping sites and are used to make the shopping of Members more efficient and secure.
If you do not want to use these files or if you want to be informed about the use of these files, you can make the necessary changes in your browser.
2.4. In addition, when the Member uses a credit card to pay the product price for the product purchased through the Site, he/she is deemed to have accepted that the credit card number, expiration date of the credit card, CVV2 code and similar information should be shared with the relevant financial institutions in order to carry out the transaction.
2.5. JLY has the right to use all information related to membership in connection with its own marketing activities, even during or after the end of the Agreement, provided that this Agreement and the applicable legal regulations including the Personal Data Protection Law are adhered to.
2.6. JLY states that the Member will benefit from the services subject to the Contract, excluding technical failures, and; The Member undertakes not to share the information shared with third parties except in cases where he/she needs to share with third parties in order to achieve the above-mentioned purposes and legal obligations.
- Transfer, Scope, Duration and Enforcement of the Agreement
3.1. The member is deemed to have undertaken to comply with this Agreement from the moment he/she confirms his/her e-mail address by completing the registration process or receives any service or order using this system. The Agreement will automatically become void without the need for any warning, upon termination of membership or the realization of any of the termination conditions listed in the Agreement.
3.2. The Member accepts in advance that if JLY deems it necessary, it may cancel the Site membership and terminate this Membership Agreement, provided that the Member is informed of the reason.
3.3. Cancellation of membership and account deletion can be done by the Member by sending an e-mail to the email@example.com e-mail address. The authorization of the user who terminates his membership to use the Site will be revoked.
The member will be able to access the website with the contact information at the end of the Agreement/right to use the site.
3.4. JLY may make unilateral changes to this Agreement in order to ensure the continuity of the services it undertakes. Provided that the ultimate purpose of the Site and the services offered by JLY remain basically the same; always has the right to permanently or temporarily stop the service it provides unilaterally, to change the content of the service, including the prices published on the Site, or to cancel it, without giving any reason. If JLY deems it necessary, under the same link, the updated membership terms will be published on the Site with the date update, and the Member will be notified via e-mail. The updated membership terms will be valid from the moment they are published on the Site, and the use of the Site or services will be bound to the new membership terms from that moment on.
3.5. In certain parts of the Site, different rules and obligations specific to the relevant section may be determined. The Member using these sections is deemed to have read and accepted the relevant rules.
3.6. The Member irrevocably accepts, declares and undertakes that JLY may transfer the Agreement to third parties and that it has already authorized the transfer of the Agreement in accordance with Article 205 of the Code of Obligations with this Agreement.
- General provisions
4.1. The validity, interpretation and performance of this Agreement are subject to the laws of the Republic of Turkey and Adana Courts and Enforcement Offices are authorized to settle any dispute that may arise from the Agreement.
4.2. The e-mail address provided by the Member to JLY is considered the legal notification address for any notification to be made regarding this Agreement.
4.3. If the parties do not notify the other party of the changes in their current e-mail addresses within 3 (three) days, the notifications to the old e-mail addresses will be valid and will be deemed to have been made to them.
4.4. Any notification made using the Member's registered e-mail address will be deemed to reach the Member 1 (one) day after the e-mail is sent by JLY.
4.5 Precautions have been taken to ensure that the JLY website is free of viruses and similar software. In addition, in order to ensure ultimate security, the user must supply his own virus protection system and provide the necessary protection. In this context, by entering the JLY website, the member is deemed to have accepted that he is responsible for all errors that may occur in his own software and operating systems and their direct or indirect consequences.
4.6 The parties accept and declare that in disputes arising from the membership agreement and the scientific agreements concluded between the parties, all computer records of JLY will be taken as the sole and real exclusive evidence in accordance with HUMK article 287 and that the said records constitute an evidential contract. .
4.7 JLY, pursuant to this membership agreement, has the authority to send notification e-mails to its members' registered e-mail addresses and informing SMS's to their mobile phones. will be deemed to have. In case the member wishes to opt out of receiving mail and/or SMS, he/she will be able to cancel the mail and/or SMS sending.
5. Member's Access Right Regarding Personal Data
5.1. Member, in accordance with Article 11 of the Personal Data Protection Law, by sending an e-mail to firstname.lastname@example.org or by applying in writing to the address specified below,
(a) find out if it has been processed,
(b) request information if processed,
(c) learning the purpose of processing and whether it is used in accordance with its purpose,
(ç) to know the third parties to whom it has been transferred in the country/abroad,
(d) to request correction if it is incomplete / incorrectly processed,
(e) Requesting deletion/destruction within the framework of the conditions stipulated in Article 7 of the Law on the Protection of Personal Data,
(f) to request notification of the transactions made pursuant to subparagraphs (d) and (e) above, to the third parties to whom it has been transferred,
(g) objecting to the emergence of a result against him due to the analysis exclusively by automated systems,
(ğ) has the right to demand the compensation of the damage in case you suffer damage due to unlawful processing.
5.2 JLY will finalize the requests included in the application free of charge as soon as possible and within thirty days at the latest, depending on the nature of the request. However, if the transaction requires a separate cost for JLY, the fee in the tariff determined by the Personal Data Protection Board may be charged.
6 Force Majeure
In all cases considered force majeure legally, JLY is not liable for late or incomplete fulfillment and/or non-fulfillment of any of its obligations specified in this contract. These and similar cases will not be deemed to be delayed, omissions and/or non-compliance for JLY, or compensation cannot be claimed from JLY under any circumstances for these cases. The term “force majeure” includes, but is not limited to, natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages, and bad weather conditions beyond the reasonable control of the relevant party and despite JLY exercising due diligence. will be interpreted as unavoidable events that cannot be prevented.
The Member declares, accepts and undertakes that he/she has read, understood and accepted all of the articles in this Agreement and confirms the accuracy of the information provided.