Membership Contract

 

1. Parties

This Membership Contract “Membership Contract” is concluded between Loftry E-Commerce and Information Services JSC “Platform” company headquartered in the address Mall of Istanbul, The Office Block, Floor: 25, No: 171 Basaksehir / Istanbul, Turkey and the member “Member” about determining the conditions for the member to benefit from the services provided on the Tadabul platform located on the website www.tebadul.com

(Hereinafter in this Contract, “Tebadul” and “Member” will each be referred to as a “Party” if mentioned individually and as “Parties” if mentioned collectively).

2. Objective and scope

2.1. Tebadul owns and operates the e-commerce platform called www.tebadul.com in which goods are offered for sale through the Internet.

2.2. Under this Membership Contract, the Member wishes to become a member of the e-commerce platform called www.tebadul.com and purchase products and/or services sold by the Supplier Members on this platform.

2.3. The purpose of this membership contract is to determine the conditions for members to benefit from the services provided on the platform and to determine the rights and obligations of the parties in this regard. By agreeing to this membership contract, the member accepts, acknowledges, and undertakes that he has accepted all clarifications and statements regarding the services, use, content, applications, members, and users provided by the Tebadul platform, which were and will continue to be available on the platform.

3. Definitions

3.1. Member: means the real or legal person who is a member of the platform under this membership contract with Tebadul.

3.2. Platform: means the website exchange platform/e-commerce platform bearing the domain name www.tebadul.com on which the specific services Tebadul platform is offered. In this membership contract.

3.3. Supplier Member: means the real or legal person who offers his products for sale on the platform according to a supplier membership contract with Tebadul.

3.4. Cookie Policy: refers to the text containing information about the cookies used to ensure the functionality of the platform, to improve the shopping experience for users, and to provide content appropriate to the preferences and tastes of users in line with information related to their visits to the platform that can be accessed through the platform.

3.5. Personal Data Protection Policy: refers to the text regulating the general policy relating to the personal data of Tebadul including matters such as the purposes and manner in which personal data submitted by Members through the Platform and accessible through the Platform will be used.

3.6. Control Panel: means the member’s private page where the member can perform the necessary transactions to benefit from the various applications and services on the platform, and enter his personal information and the required information. From it on a request basis, which can only be accessed using the username and password specified by the member concerned.

3.7. Service: means the practical and applied matters provided by the Tebadul platform to enable members to perform their work and transactions specified in this membership contract.

4. Rights and responsibilities of the parties

4.1. To obtain membership status, the user who wants to become a member must agree to this membership contract on the platform and fill out the information required of him with correct and updated data.

• The user who wants to become a member must have completed the age of 18 (eighteen years).
• When the approval process is completed and the Member is notified, Membership status begins and the Member becomes subject to the rights and obligations specified in this Membership Contract and the relevant parts on the Platform.
• A member who does not provide accurate and up-to-date information when filling out said membership contract shall be personally liable for all damages that may arise for this reason.
• Members retain the right to terminate their membership at any time by submitting a request to our technical support team via the "Get Help"

4.2. In the event of a dispute over the person to whom the membership rights and obligations belong, and if this person submits a request to the Exchange Platform in this regard, the platform accepts that the person who activated his account by entering his data when opening the relevant membership is the holder of the membership account and shall act accordingly.

4.3. The Member accepts and acknowledges that if he wishes to initiate any legal action or purchase process about the advertisements displayed on the platform, he is obligated to fulfill all necessary legal obligations and procedures including those on the platform, and that Tabadul has no knowledge of and no responsibility about such obligations and procedures. .

4.4. Products offered for sale by the Supplier Member are displayed only on the Tebadul website.

• These Products are purchased by the Member through the Member's direct contact with the Supplier Member. 
• Products offered for sale on the Platform are only sold by the Supplier Member within the framework of the legal relationship established directly between the Supplier Member and the Member with the acceptance of the order placed by the Member.
• Loftry may transfer the price offer submitted by the Member and all personal data specified in Explanatory Statement regarding the processing of Personal Data or personal data it deems appropriate to the Supplier Member. The Member agrees to transfer this data as widely as possible.
• The Member shall supply the Product it desires from the Supplier Member of its choice and in accordance with the terms of the agreement between the parties. 
• Loftry has no influence or responsibility in any transaction such as setting the price of the product, supplying the product, reaching an agreement between the two parties, etc. Loftry only provides the service of displaying the products that the Supplier Member wishes to offer for sale on the platform to the member who wishes to access these products.

4.5. When the member orders the product offered for sale by the supplier member, the two parties can communicate through the platform or outside the platform if they wish, without Mutadal bearing any responsibility. The Member accepts, acknowledges, and undertakes that Tedabul shall in no event bear any responsibility concerning reaching or not reaching an agreement, the terms of the agreement, non-delivery of the Product to the Member, failure of the Member to pay for the Product, damage to the Product, etc.

4.6. The Member acknowledges that he agrees that he will act in accordance with the provisions of this Membership Contract, all terms specified on the Platform, and will adhere to the provisions of applicable laws, legislation and applicable ethical rules in transactions and correspondence conducted on the Platform. Legal and criminal responsibility for the transactions and actions carried out by the member within the platform lies with him alone.

4.7. Tebadul has the right to share member information with authorities if requested by the relevant authorities in accordance with applicable laws.

4.8. The username and password information required by the member to access the My Account page and conduct transactions on the platform is recorded and the member is solely responsible for the security and confidentiality of this information. The member accepts, acknowledges, and undertakes that the responsibilities resulting from the transactions carried out using his username and password lie with him and that he is not entitled to claim any justification and/or objection that he did not carry out the actions and transactions and/or he is not entitled to refrain from fulfilling his obligations based on To this justification or objection.

4.9. The Member may not use the platform in any way that violates the law and public morals, in particular, the following violations:

4.9.1. Use all or part of the Platform for disabling, modifying, or reverse-engineering the Platform.

4.9.2. Making transactions using false information or someone else's information, creating false membership accounts using false or misleading personal data, including false or misleading residential address, email address, contact information, payment information, or bank account details, and using false user accounts In violation of the terms of the membership contract or applicable legislation, using another member’s account without permission, or engaging in transactions by impersonating a person or under a false name.

4.9.3. Using comment and evaluation systems for purposes other than the purposes of the platform, such as publishing comments on the platform outside the scope of the platform’s work, and for purposes other than the purpose for which they were prepared.

4.9.4. Spread viruses or any other technology that harms the platform, the platform database, or any content on the platform.

4.9.5. Engaging in activities that would create unacceptable or disproportionately large loads on the communications and technical systems on which the platform operates or that would harm technical performance, or using “screen scraping” programs or systems such as automated programs, robots, and tracking programs On the web, spider programs, data mining, as well as extracting data from the platform, or copying, publishing or using any content on the platform in part or in whole without prior written permission from Tebadul.

4.10. The Member is obligated to carry out his transactions on the platform in a way that does not harm the platform technically in any way. The Member agrees and undertakes that he has taken all necessary measures, including the use of necessary security software and licensed products, to ensure that there are no software, viruses, unlicensed software or products, Trojan Virus programs, or other content that may damage the system. The Member also agrees that he or she will not access the account page via a robot or through automated login methods.

4.11. Using the Platform or the content on the Platform in violation of the terms of use specified in this Membership Contract or the provisions of applicable legislation is illegal; Tebadul reserves its rights to investigate, follow up, and file legal actions. It also has the right to suspend or terminate the membership of any member who acts in violation of the law or the provisions of this contract.

5. Confidentiality and protection of personal data

The Platform takes great care regarding the processing, security, and protection of the personal data provided by the Member through the Platform to benefit from the Services, in accordance with all laws related to personal data, primarily Law No. 6698 on the protection of personal data.

The Member can access detailed information on the processing and protection of personal data at TEBADUL Platform.

6. Intellectual property rights

The Member may not use, share, distribute, display, advertise, reproduce, or produce derivative works of intellectual property rights under the ownership of Tedabul, its affiliates, or its business partners without permission from Tedabul or the right holder.

7. Changes to the contract

Tebadul has the right, at its sole discretion, to change this Membership Contract and any policies, terms, conditions, terms, and conditions, including the Personal Data Protection Policy and the Cookies Policy on the Platform, at any time it deems appropriate, by announcing this on the Platform, provided that it does not conflict with the provisions of Applicable laws. The amended provisions of this membership contract shall become effective on the date of their announcement on the platform, and the remaining provisions shall remain in effect. The member does not have the right to make amendments to this contract unilaterally.

8. Force majeure circumstances

Tebadul will not be responsible for any delay or failure to fulfill its obligations under this contract in the event of the occurrence of any of the force majeure circumstances stipulated in the law such as riots, embargoes, state intervention, disobedience, rebellion, occupation, war, mobilization, strikes, and lockouts, labor disputes including labor actions or boycotts, cyber-attacks, telecommunications problems, infrastructure and Internet failures, improvement or renovation works related to the system and malfunctions that may occur for this reason, power outages, fire, explosion, storms, floods, earthquakes, and migration. In addition to any matter beyond the control of Tebadul that obstructs or prevents its fulfillment of obligations without any negligence on its part. Likewise, any default due to the aforementioned circumstances shall not be considered a breach of the provisions of this contract.

9. Other provisions

Evidence Contract: The Member agrees that, in disputes that may arise from this Membership Contract, the official Tabadul books, commercial records, electronic archive records, electronic information and computer records maintained in the Tebadul database and its servers constitute binding, conclusive and exclusive evidence and that this Article is a contract of evidence within the meaning of the Article 193 of the Civil Procedure Code No. 6100.

Applicable law and dispute settlement: This membership contract is subject exclusively to the laws of the Republic of Turkey, and the courts of the Bakirkoy district in the state of Istanbul are considered the exclusive authority to resolve disputes arising from this contract and all types of disputes that may arise from its applications.

10. Notifications

Tebadul communicates with the member via the email address he provided upon registration, or by sending an SMS to the phone number. The Member is obligated to constantly update his email address and phone number.

11. The comprehensiveness and divisibility of the membership contract

This contract includes all agreements and contracts concluded between Tebadul and the Member in relation to the subject matter of the platform. This contract is considered a divisible contract. In the event that any of its provisions are deemed invalid, in whole or in part, by a decision issued by any competent court, arbitration body, or competent administrative authority, the provision included in the invalidity will be considered individually invalid, and the remaining provisions of the contract will retain their legal validity and practical validity.

12. Shifting responsibilities to the membership contract

The Member may not transfer or assign his rights or obligations under this membership contract, in whole or in part, without the prior written approval of Tebadul Company.

13. Abstention and waiver

The failure of either party to use or exercise any right granted to it in the membership contract does not constitute a waiver of this right or prevent the use or exercise of this right later.
This membership contract, which consists of 13 (thirteen articles), enters into force with electronic approval by the member after reading and fully understanding each of its clauses.

Last Update Date: November 2024