Membership Agreement & Terms

Terms of Membership Agreement

MEMBERSHIP AGREEMENT

1. PARTIES

1.1. This User Agreement (hereinafter referred to as 'User Agreement'), which consists of this agreement and its annexes, which are an integral part of the agreement, World Citizen Ajans ve Danış. Tic. Ltd. Şti. (WC) It has been arranged between the User who is a member of the Site and the User, in order for the User to become a member of the Site and the User Agreement is approved by the User in the electronic environment where the Site is located. 

1.2. WC and the Member will be referred to individually as the "Party" and jointly as the "Parties" in this Membership Agreement. By becoming a member of the Site, you accept, declare and undertake that you have read the entire User Agreement, fully understand its content and approve all its provisions.

2. DEFINITIONS

• WC: World Citizen Ajans ve Danış. Tic. Ltd. Şti. (WC)  located at  (Ataköy 9-10. Çobançeşme, NEF 22 A22/1 No: 30 Bakirkoy, Istanbul.)
• Virtual Store: refers to the virtual area on the Website that WC has allocated to the Sellers in accordance with WC procedures and rules, and where the Sellers have the opportunity to post their advertisements consisting of content and images for the sale of one or more products and/or services.
• Seller means the legal/real person member who becomes a member of the Website within the scope of the Vendor Partnership and Advertisement Agreement made with WC and offers various products and/or services for sale through the advertisements he/she has posted on the account he/she has created on the Website.
• Member means the real person who becomes a member of the Website within the scope of this Membership Agreement with WC and purchases the products and/or services offered for sale through the advertisements given by the Seller on the Website.
• Website or www.yabmart.com: refers to the website, mobile applications and mobile site with the domain name www.yabmart.com, which is owned by WC and offered by WC on the Services determined by this Agreement.
• Visitor refers to the real person who uses the Website without being a Member and benefits from the Services.
• Cookie Policy , which contains information about the cookies used in order to ensure the functional operability of the Website, to improve the shopping experience of the Members and to provide content suitable for the preferences and tastes of the Members in line with the information regarding their visit to the Website, and via the Website ( https://www.yabmart.com/privacy-principles.html ) refers to the text that can be accessed.
• Privacy and Protection of Personal Data Policy , which regulates the general privacy policy of WC regarding personal data, including for what purposes and in what way WC will use the personal data that the Members transmit through the Website, and via the Website ( https://www.yabmart.com/privacy-principles.html ) refers to the text that can be accessed.
• My Account Page refers to the Member-specific page that can be accessed only with the username and password determined by the relevant Member, where the Member can perform the necessary actions in order to benefit from the various applications and Services on the Website.
• Service refers to the services and applications offered by WC or the business partner determined by WC in order to enable Members and Visitors to carry out the business and transactions defined in this Membership Agreement.

3. SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT

• 3.1. WC operates the website and is an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce. Here, again within the scope of the relevant legislation, WC provides an electronic commerce environment for the economic and commercial activities of others. Yabmart is a marketplace platform where users can access Physical goods, services and digital product/services that are allowed to be sold by legislation.  WC or Yabmart is not the seller of any product or service on the website. In this context, it is not obliged to check the content provided by the members using the electronic media they provide services, and to investigate whether there is an illegal activity or situation related to this content and the goods or services subject to the content. WC is not the owner or seller of the products or services listed on this site. WC does not make any representations, guarantees or commitments regarding the accuracy, quality, safety of the content provided by the User and the products or services offered for sale, or whether these products are legal. The user expressly agrees that he cannot make any demands from WC in this regard.
• 3.2. Pursuant to the Membership Agreement, the Member wishes to become a member of the Website, to benefit from the Services and to purchase the products and/or services sold by the Sellers in the Virtual Stores on this platform.
• 3.3. The purpose of the Membership Agreement is to determine the conditions for benefiting from the Services and to determine the rights and obligations of the Parties in this direction. With the acceptance of the Membership Agreement by the Member, the Member declares and undertakes that he/she has accepted all kinds of statements regarding the Services, usage, content, applications and Members on the Website.
• 3.4. For the avoidance of doubt, this Membership Agreement is only between the Parties and covers the form and conditions for the Services available and to be included in the Website. The relationship between Members and Sellers is not covered by this Membership Agreement and WC is in no way responsible for the relationship between Members and Sellers. Members will be able to seek their rights against Sellers within the framework of other legislation, particularly the Law No. 6502 on the Protection of Consumers, regarding the transactions they will perform from the Virtual Store.
• WC provides a platform for sellers to offer their products and/or services for sale by creating their own content, while for buyers to view many products and/or services in different categories and order whatever they want. 
• No illegal or spammy service is provided as WC. Every user visiting the site should be aware of this.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

• 4.1. In order to gain membership status, the Membership Agreement must be approved and the information requested on the membership page must be filled with correct and up-to-date information. The user who wants to become a member must be over 18 (eighteen) years old. The Member, who does not provide correct and up-to-date information while filling out the Membership Agreement, is personally responsible for all damages that may arise due to this.
• 4.2. In the event that there is a dispute as to which person the Membership rights and obligations belong to, and the said persons make a request from WC in this regard, WC accepts that the last person to pay WC for any Service using the relevant Membership account is the owner of the Membership account, and accordingly has the right to act.
• 4.3. WC is not a seller of any product or service on the website and only "intermediary service provider" in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and in accordance with the Law No. 5651 on Regulating the Broadcasts Made on the Internet and Fighting Against Crimes Committed Through These Broadcasts. due to being a "host provider"; It has no responsibility for the content on the website that has not been published by it, and it has no obligation to check whether the content in question is in compliance with the law. Although WC has no such obligation and at its sole discretion, WC has the right to control the content in question at any time and to disable access and delete it if it deems necessary. 
• 4.4. The Member declares that the Seller is the seller and he is the buyer in the distance sales contracts to be concluded in the purchases to be made from any Seller on the Website; WC is not a party to the said distance sales contract; therefore, he accepts and declares that only the Seller is personally liable in all respects within the scope of the current consumer law legislation and other legislation. In this context, the Member is responsible for the quality of all products exhibited and sold in the Virtual Store, their compliance with the legislation, the issuance of a warranty certificate, invoicing and the delivery of other necessary documents and after-sales service required. Accepts and declares that only the Seller is responsible for its services and the timely delivery of the products.
• 4.5. The Member accepts and declares that he/she will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Website, applicable legislation and ethical rules in the transactions and correspondence he/she performs on the Website. The legal and criminal responsibility for the transactions and actions of the Member within the Website belongs to him.
• 4.6. WC, upon the request of the competent authorities pursuant to the current legislation, may share the information of the Member with the said authorities, if necessary in accordance with the Law on Protection of Personal Data No. 6698, by informing the Member in advance and in any case subject to the data transfer rules.
• 4.7. Personal data obtained from the Members during membership and/or shopping on the Website, forgery, fraud, abuse of the Website, between the Members and/or Sellers, in disputes that may constitute a crime within the meaning of the Turkish Commercial Code No. 6100, only with the requested subject. In order for the parties to exercise their legal rights on a limited basis, in accordance with the Law on Protection of Personal Data No. 6698, if necessary, the person concerned may transmit it to other Members and/or Sellers, who may be a party to the dispute, by being informed in advance and subject to data transfer rules in any case.
• 4.8. The user name and password information required by the Member in order to access the My Account Page and perform transactions on the Website is created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The member states that the transactions carried out with his/her own username and password have been carried out by him/her, that he/she is responsible for these transactions in advance, that he/she cannot claim any objection and/or objection that he/she did not perform the works and transactions carried out in this way, and/or It accepts, declares and undertakes that it will not refrain from fulfilling its obligations based on the objection.
• 4.9. The Member shall not use the Website in an unlawful and unethical manner, especially in the following cases:
• 4.9.1. Using the Website for the purpose of creating a database, record or directory on behalf of any person;
• 4.9.2. use of all or part of the Website for the purpose of disrupting, altering or reverse engineering;
• 4.9.3. Making transactions using false information or another person's information, creating unreal Membership accounts by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, and the creation of these accounts in accordance with the Membership Agreement or in force. being used in violation of the legislation, unauthorized use of another Member's account, being a party or participant in transactions by impersonating another person or under a wrong name;
• 4.9.4. comment and scoring systems; Using the Website for non-Site purposes, such as posting comments on the Website outside of the Website, or for purposes other than those used to manipulate systems;
• 4.9.5. Spreading a virus or any other technology harmful to the Website, the Website's database, any content on the Website;
• 4.9.6. Collecting any information about Members or Sellers, including e-mail addresses, without the consent of the persons concerned, or engaging in other practices that would constitute a violation pursuant to the Law No. 6698 on the Protection of Personal Data;
• 4.9.7. Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by the Website or harm technical operation, automatic program, robot, web crawler, spider, data mining (data mining) on the Website without the prior written consent of WC. Using "screen scraping" software or systems such as ) and data crawling, and in this way copying, publishing or using all or part of any content on the Website without permission;
• 4.9.8. Using the Services, the campaigns and advantages offered on the Website, for malicious purposes and for the purpose of providing unfair benefits, violating the campaign conditions in bad faith.
• 4.10. The Member is obliged to carry out the transactions on the Website in a way that does not harm the Website in any way technically. Member, all information, content, material and other content to be provided to the Website, all kinds of programs, viruses, software, unlicensed products, trojan horses, etc. that will harm the system. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent The Member also agrees that he will not enter the Account Page with robot or automatic login methods.
• 4.11. This agreement is valid for all members. This contract; For new members, it will be valid from the date of its publication on the site for existing members after the completion of the membership registration process. In case of any change in this Membership Agreement, the Members will be informed by an announcement on the Site and if the new terms are not accepted by the existing members, the members who do not accept will have the right to request the deletion of their memberships. For this, Members support@yabmart.com. They are required to send an e-mail to the address and immediately cease using the Site. Otherwise, they have to comply with these conditions and become a party to this contract.
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5. TERMINATION OF THE AGREEMENT

• 5.1. Any of the Parties may terminate this Membership Agreement unilaterally and without compensation at any time. In such a termination, the Parties shall mutually fully fulfill their rights and obligations arising up to the date of termination.
• 5.2. WC has the right to suspend, terminate, disable and pursue the membership in case it finds out that the Member has violated any article of this Membership Agreement or has a reasonable suspicion regarding this.
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6. PRIVACY AND PROTECTION OF PERSONAL DATA

• 6.1. WC attaches importance to the processing, security and protection of the personal data provided by the Member through the Website in accordance with all kinds of legislation, including the Law on the Protection of Personal Data No. 6698, in order to benefit from the Services offered on the Website. In this context, WC collects, uses, transfers and processes the personal data provided by the Member in accordance with the Privacy and Personal Data Protection Policy and the Cookie Policy on the Website. The member can always review the Privacy and Personal Data Protection Policy on the Website. For all kinds of questions and comments regarding personal data, WC can be reached via the e-mail address support@yabmart.com .
• 6.2. Personal data shared by the Member in order to create a Membership on the Website or to benefit from the Website; The performance of the obligations determined by the Membership Agreement, the implementation of the applications required for the operation of the Website, the provision and presentation of various advantages to the Member or the Visitor, the realization of the payment transactions, the delivery of the orders, the customer service and the follow-up of the complaints, It is collected, stored and processed by WC or its business partners in accordance with the Privacy and Personal Data Protection Policy and Cookie Policy for marketing, survey, all kinds of electronic communication for similar purposes, profiling, statistical studies. In addition, these personal data can be used to provide Members with special advantages and sales. in order to communicate with the Member, provided that the obligations arising from the Law on Protection of Personal Data No. 6698 and other relevant legislation are fulfilled for marketing and similar activities. and World Citizen Ltd and its subsidiaries. (For detailed information about World Citizen Ltd and its subsidiaries; www.worldcitizen.com.tr).
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7. INTELLECTUAL PROPERTY RIGHTS

Yabmart, brand and logo, www.yabmart.com access website, mobile app, the design of mobile sites, software, domain name and all kinds of brand created by Yabmart as related to these patents, designs, logos, trade dress, slogans and all other content in relation thereto. It is the property of WC with its right. The Member shall not be able to use, copy, share, distribute, exhibit, reproduce, use the intellectual property rights of WC or its affiliates, for advertising and/or promotional purposes, etc. purposes cannot be used. The Member shall not be able to use the www.yabmart.com website, mobile application, mobile site or all or part of them in any other environment without WC permission. WC, on the other hand, may use, reproduce and disseminate the Member's trade name, brand and all information on the Site without limitation for the purpose of providing the Service and promoting WC within the scope of this Agreement. Member; that the aforementioned information can be used by WC within the scope of this Agreement; accepts, declares and undertakes that it has given permission to WC for the duration of the Agreement in this regard. In the event that the Member acts in a way that violates the property rights of third parties or WC, the Member shall be liable to compensate all direct and indirect damages and expenses of WC and/or the said third party. In such a case, WC will be able to deduct any damages and other costs that may arise on the Member's current account, if any. WC may deduct all the damages that will arise under this Agreement from the current receivables of the Member as of the date of loss, as well as from all the costs that the Member will be entitled to due to their future sales.

8. CONTRACT CHANGES

WC, at its sole discretion, may comply with this Membership Agreement and any policies, terms and conditions, including the Privacy and Personal Data Protection Policy and Cookie Policy on the Website, at any time it deems appropriate, to the provisions of the applicable legislation. may change it unilaterally by posting it on the Website, provided that it is not contrary to it. The amended provisions of this Membership Agreement will become valid on the date they are announced on the Website, and the remaining provisions will remain in effect and continue to have their terms and consequences. For the avoidance of doubt, this Membership Agreement cannot be changed unilaterally by the Member.

9. FORCE MAJEURE

Employer-employer disputes, including riots, embargoes, government intervention, riots, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, cyber-attack, communication problems, infrastructure and internet failures, system improvement or renovation works, and Failures, power cuts, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters that may occur due to any reason, or other events that are beyond the control of WC, not caused by its fault and cannot be reasonably foreseen ("Force Majeure") WC’ If it prevents or delays the performance of its obligations arising from this Membership Agreement, WC cannot be held responsible for its obligations that are hindered or delayed as a result of Force Majeure, and this cannot be considered a violation of this Membership Agreement.

10. MISCELLANEOUS PROVISIONS

• 10.1. Evidence contract. The Member agrees that in disputes that may arise from this Membership Agreement, WC’s official books and commercial records and e-archive records, electronic information, electronic correspondence and computer records kept in WC’s database and servers will constitute binding, conclusive and exclusive evidence and that accepts that the article is in the nature of an evidential contract within the meaning of article 193 of the Code of Civil Procedure No. 6100.
• 10.2. Applicable Law and Dispute Resolution. This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of Istanbul Central (Çağlayan) Courts and Enforcement Offices.
• 10.3. Notification WC will communicate with the Member via the e-mail address that the Member has declared during registration or by calling the phone number and sending an SMS. The member is obliged to keep his e-mail address and phone number up to date.
• 10.4. Integrity and Severability of the Membership Agreement. This Membership Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Membership Agreement is determined by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, this Membership Agreement shall be deemed severable to the extent that such invalidity, unenforceability or unreasonability other provisions will remain in full force and effect.
• 10.5. Transfer of Membership Agreement. The Member may not assign its rights or obligations in this Membership Agreement, in whole or in part, without the prior written consent of WC.
• 10.6. Amendment and Waiver. Failure of a Party to exercise or exercise any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the further exercise or enforcement of such right.

11. REPORTING COMPLAINTS

The Buyer can convey any complaints, if any, regarding the products and services he has purchased to the Seller via the above-mentioned contact information. The Buyer, who accepts that WC has no liability for the products and services purchased through the site, can send an e-mail to support@yabmart.com and although WC is not responsible for the products or services sold in this way, the Buyer can clarify the situation. will be able to provide technical support to the extent possible.

12. RESOLUTION OF DISPUTES

12.1. Responsibility for the goods or services sold belongs to the Seller. However, the Buyers may submit their complaints regarding the goods and services they have purchased to the Sellers directly or through Yabmart as stated in ANNEX 11. If the complaint is forwarded to WC, WC will provide all possible support to resolve the issue.

12.2. Istanbul (Çağlayan) Courts and Enforcement Offices are authorized in disputes that may arise from this contract.

This Membership Agreement, which consists of 12 (Twelve) ANNEX, has entered into force by being approved by the Member in the electronic environment by reading and fully understanding each of its provisions.