MEMBERSHIP AGREEMENT

  1. PARTIES

The present www.t-appz.com  Site Membership Agreement consisting of this agreement and the statements (Any statement made on the use of the services on the “Site”) has been concluded mutually by TMOB BİLİŞİM YAZILIM VE TEKNOLOJİ SİSTEMLERİ A.Ş domiciled in Yeşilce Mahallesi, Yunus Emre Caddesi, Nil Ticaret Merkezi, No:8, 4. Levent/Istanbul (Hereinafter referred to simply “TMOB“) and the member and entered into force with the electronic approval of the “MEMBER” when becoming a member to the site www.t-appz.com  (hereinafter referred to as “SITE”).

  1. DEFINITIONS

2.1.  “Electronic Presentation System”:

It refers to the service provided by TMOB in relation to the promotional information and images and sales point information of TMOB products under the conditions specified in this agreement.

2.2.  “Member”:

Natural and/or legal persons who become a member to www.t-appz.com  and benefit from the services through the website under the conditions specified in this agreement.

2.3. “User”:

Refers to any natural and legal person who accesses to the Site via online media.

2.4. “TMOB Membership Account”:

The special web page specific to the “Member” where the Member performs the acts and operations necessary to benefit from the services offered on the site, in which the “Member” applies to TMOB for membership, update the “membership” information and can view service information; accessed only by username and password that the Member solely determined by itself and undertakes exclusively to use by itself.

2.5. TMOB Services (hereinafter referred to as “Service”):

Refer to the applications that are put forward by “TMOB” on the Site in order that the “Members” perform the procedures operations set forth in this agreement.

“TMOB” may change and/or adjust the services at any time in order to enable the Users performing the operations more effectively on the applications included in the Site set forth in this agreement site “member” s of this agreement within the definition of transactions. The terms and conditions related to those changes and/or adjustments made by “TMOB”, with which the “Members” are obliged to comply, are announced on the website where the use of the services is described by “TMOB.

  1. SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this agreement is to establish the services offered on the Site, the terms and conditions of the use of these services and the rights and obligations of the parties. The scope of this agreement is this agreement and the membership agreement, services agreement included in the site, privacy policy, etc. as well as any warning, notice and description made by “TMOB”. “Member” accepts any declaration made by TMOB on the site relating to the use, membership and services by accepting the provisions of this agreement. The “Member” accepts, declares and undertakes to act in accordance with all conditions specified in the aforementioned declarations.

  1. MEMBERSHIP AND TERMS OF USE OF THE “SERVICE”

4.1. The membership is completed by filling the required membership form by whom wishes to be member, on the relevant sections of the site, giving personal information, verification of the personal information, registration for the service required to benefit in the membership form, and with the approval of the registration process by “TMOB”. Before membership is completed, membership rights and privileges described in this agreement aren’t valid.

4.2 To become a member of the site requires being major of age, being a legal representative of the legal person for the legal persons, and not to have been removed or banned temporarily or permanently from membership under this agreement by “TMOB”. For underage persons or entity members, the registrations carried out by unauthorized persons to represent the legal person or the applications of the persons have been removed or banned temporarily or permanently from membership under this agreement by “TMOB”, even if they have completed the registration, pose an obstacle to the exercise of the rights of membership to the site.

4.3. “TMOB” may at any time terminate this agreement unilaterally without any justification, or any notice, and without any obligation to pay compensation, with immediate effect and may put an end to the membership of the member, or terminate or suspend the membership without terminating the agreement. The terminated specified in this article, ending the membership or suspension shall be decided in case of breach of this agreement, “Violation of the rules contained in the site,” or in the event that the actions of the Member or the result of his/her actions constitute a risk for the information safety system of TMOB, or according to the commercial decisions of “TMOB”.

  1. RIGHTS AND LIABILITIES

5.1. Rights and Obligations of the “Member”:

5.1.1. “Member” agrees  that, while he/she fulfills his/her membership procedure, benefits the service within the “Site” and fulfills any transaction relating to services on the site, he/she shall comply with all conditions contained in this Agreement, the rules set out for services on the Site that he/she benefits, and with all applicable legislation, and that he/she understands and approves all terms and conditions stated above, he/she would accept to receive future e-newsletter from the website by completing the membership.

5.1.2. In case that TMOB is obliged to explain to the authorities in accordance with applicable legislation, upon the duly request of the authorities, “Member” accepts that TMOB would be authorized to disclose this private/commercial information to the authorities, and no compensation could be claimed whatever the reason in this regard.

5.1.3. Securing the username and password they use to log in to the TMOB Membership Account in order to benefit from services provided by TMOB, ensuring that they are used exclusively by themselves, keeping away from the knowledge of the third parties, is at the sole responsibility of the “Members”. The Members are responsible for damages that TMOB and/or the third parties incurred or shall be incurred due to their negligence and defaults in relation to securing the username and password, ensuring that they are used exclusively by themselves, keeping away from the knowledge of the third parties.

5.1.4. The “Member” can not transfer this agreement and their rights and obligations under this agreement, without the written approval of “TMOB” wholly or partially to any third person.

5.1.5. Those who benefit from the services offered by “TMOB” and the users of the “Site” can take action only for lawful purposes. The “Members” perform any act or process on the “Site” within their own civil and criminal liability. Each “member” accepts and undertakes not to copy, reproduce, distribute, process any image, drawing, text, visual and auditory image, video clip, file, database, catalog and list, including but not limited to, any content displayed on the “SITE”, to constitute an infringements to the person, properties or rights of any third party, or compete directly and/or indirectly with TMOB with these actions or through other means. “TMOB” may not be held responsible in any way directly and/or indirectly for the damages and losses the third parties incurred due to the activities of the “Member” in violation of the provisions of this agreement and the law.

5.1.6. “Member”, agrees that “TMOB” reserves the right to make changes in the products on this Site, and TMOB is not responsible in any way due to unwanted errors found in drawing samples on the site and the Member does not hold “TMOB” liable in this regard directly and/or indirectly.

5 .2. Rights and Obligations of “TMOB”:

5.2.1. “TMOB” will perform the services mentioned in this agreement according to the descriptions specified in “TMOB” Membership Account on the provision of related services and under the conditions set forth in this agreement.

5.2.2. “TMOB” reserves the right to change the services and content on this “Site”, and “TMOB” may exercise this right at any time without any prior notification. “TMOB” reserves the right to terminate the access to the information and contents on the site to the third parties including members, and delete them.

5.2.3. “TMOB” does not guarantee for the product drawings samples etc. on the Site and assumes no responsibility.

5.2.4. “TMOB” can give links on the “SITE”, to other websites and/or portals, contents files beyond its control and owned and operated by other third parties. These links are provided solely for ease of reference, and don’t constitute any representation or warranty for supporting related websites or the persons. TMOB has no responsibility for the websites, files and contents accessed through the links on the “SITE”, as well as services or products or their content provided on the website accessed through those links.

5.2.4. “TMOB” may use the information of the Member for the security of the Member, fulfilling its responsibility or for statistical evaluation and particular services, may store these information in a database.

  1. FEES AND PAYMENTS

6.1. Upon accepting this agreement, the member shall be responsible for paying the monthly fee (monthly service fee + the price which will be determined according to the download number ———–) regarding the services provided by TMOB.

6.2. The member has the right to choose one from the provided service packages. The member shall pay the monthly fee which is determined by TMOB in accordance with the package chosen by the member.

6.3. The member shall be liable to pay the service fee monthly and regularly in full, in cash and in advance in accordance with the stated conditions. Monthly service fee shall be transferred to TMOB every month,regularly via the credit card, information of which is provided by the member.

6.4. In case of any change in the credit card information, the member shall notify TMOB about the case immediately. In case the service fee cannot be collected from the member’s credit card, the Payu and Paypall notifications shall be made. Any failure to comply this Article constitutes a noncompliance to this Agreement.

6.5. It is mutually agreed that TMOB has the right and authority to interrupt the usage of the site and shut the platform in case TMOB cannot collect the monthly service fee from the user’s credit card. In such a case, TMOB reserves its right to cancel the agreement unilaterally. When this is the case, the member does not have any right for compensation.

In this case, since it is the member’s default, TMOB has the right to claim and collect the total amount of the rest of the months as default until the package expires in addition to the rights to interrupt and shut the site. The total amount of  the service fee shall be collected from the present credit card of the member. In case the fee cannot be collected from the credit card, the member hereby declares, agrees and undertakes that the member shall transfer the total amount of the default monthly service fee in cash and in advance within 3 (three) days upon the delivery of the invoice sent by TMOB. TMOB reserves the right to claim damages in addition to the subjected fee.

6.6 If the member cancels the package without any reason or with arbitrary reasons before the package expires, TMOB shall collect the total amount of monthly service fees for the rest of the months beginning from the month when the package is cancelled from the credit card of the member as the compensation of the damages without any need for a court decision. If the total amount cannot be collected from the credit card, TMOB shall prepare and send the invoice; and, the member shall be liable to pay in cash and in advance within 3 (three days) of the delivery of the invoice without any right of objecting.

  1. PRIVACY POLICY

“TMOB” can use the Member information on the Site within the scope of the Privacy Policy which is an integral part of this agreement. “TMOB” may disclose confidential information belonging to Member to the third parties, or use under the specified conditions in the Privacy Policy.

  1. OTHER PROVISIONS

8.1. Intellectual Property Rights

The information accessed through this “SITE” or provided by “TMOB” and the elements of the “SITE” (including but not limited to “TMOB DATABASE”, “TMOB INTERFACE ” design, text, image, html code and other codes) (all shall be referred to as TMOB’s works subject to copyright) owned by “TMOB” and/or “are obtained by TMOB” under a license from a third party. “USERS” don’t have the right to resell, manipulate, share, distribute, exhibit the “TMOB’s” services, “TMOB” information and TMOB’s copyrighted works, or allow the access or use to the third parties. In compliance with these “Terms of Use of the Site”, they can not reproduce, manipulate, distribute or modify “TMOB’s” copyrighted works without explicit permission of “TMOB”.

In the event that “TMOB” doesn’t give any explicit authorization in compliance with these “Terms of Use of the Site”, “TMOB” reserves all rights on “TMOB” services, “TMOB” information, “TMOB” copyrighted works, “TMOB” trademarks, “TMOB” commercial image, or any assets and information it provided through this site.

8.2. Amendments to the Agreement

“TMOB” can amend this present agreement at its own discretion at any time by making an announcement on the “Site”. The amended provisions of this present agreement will become effective on the date of their announcement, the remaining provisions of the agreement remain in force and continue to bear the same terms and results. The present agreement can not be changed by unilateral declarations of the user.

8.3. Force Majeure

In all cases judicially considered force majeure, “TMOB” is not liable for due to the delay or non-performance of this present agreement. Similar cases like this shall not be deemed delay, non-performance or default for “TMOB”, and TMOB will not be liable to pay any indemnification. “Force majeure” means the events outside the reasonable control of the party concerned and “TMOB” could not avoid in the due diligence, including but not limited to, natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power failures and bad weather conditions are included in the force majeure event.

8.4. Governing Law and Jurisdiction

In the event that there is an element of foreignness for the implementation and in the interpretation of the “Terms of Use of the Site”, and for the management of legal relations derived from “Terms of Use of the Site”, Turkish laws will be applied except the Turkish legal conflict rules. For the settlement of any dispute arising out of this agreement, the Courts and the Executive Office in Istanbul are authorized.

8.5. Validity of Records of “TMOB”

“Member” in the disputes arising from this agreement accepts, declares and undertakes that the electronic and system records, business records, books, microfilm, microfiche or computer records “TMOB” keeps in its database servers, would constitute valid, binding, final and exclusive evidence and hold “TMOB” harmless from the oath, and this present article has the nature of evidence in terms of article 287 of Code of Civil Procedures.

8.6. Effective Date

This agreement and contractual documents referenced in the agreement, annexes that are an integral part of the agreement (all together referred to as agreement) entered into force by the electronic confirmation of the “Member” and mutual consent of the parties.

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