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PARTIES
This Membership Agreement (“Membership Agreement”) is between GYES SAVUNMA SANAYİ LİMİTED ŞİRKETİ (“GYES or COMPANY”), located at ÇERKEŞLİ MAH. UZUNTARLA SK. NO: 7 İÇ KAPI NO: 1 DİLOVASI/ KOCAELİ and the MEMBER who is a member on the website, regarding the determination of the conditions and terms for the utilization of services offered on the website by GYES, and the determination of the rights and obligations of the parties in this regard. The MEMBER acknowledges and declares that they have read the entire Membership Agreement, fully understand its content, and approve all provisions.
DEFINITIONS
- WEBSITE or INTERNET SITE: The online platform accessible through www.gyes.com.tr where various services and contents are provided within the framework determined by GYES.
- MEMBER: Any individual whose membership is approved by GYES by completing the membership form provided by GYES to benefit from purchasing products. In this agreement, they will be referred to as “MEMBER”. Individuals who have reached the age of 18 can become members by completing the relevant membership form on the site with their real identity information.
- USER: Any person who visits the GYES website as a member or visitor.
- LINK: A link that enables access from the SITE to another website, files, content, or from another website to the SITE, files, and content.
- CONTENT: Any kind of information, file, image, program, number, price, etc., visual, textual, and auditory images published or accessible on the SITE and/or any website.
- WEBSITE MEMBERSHIP AGREEMENT: This agreement concluded electronically between real and/or legal persons who will benefit from commercial and personal services offered through the SITE and GYES.
- PERSONAL INFORMATION: The identity, address, email address, telephone number, IP address, the sections of the site visited, domain type, browser type, visit date, time, etc. information of the member.
GENERAL PROVISIONS
- The subject of this agreement is to determine the conditions and terms for the utilization of the products and services offered by GYES on the website, by the MEMBER, and to determine the rights and obligations of the parties in this regard.
- The scope of this agreement is to determine the terms and conditions regarding all services, applications, and content on the site and will be accepted as an integral part of this agreement concerning services, usage, content, applications, all members, and users provided by GYES on the site or to be provided. By accepting this agreement, the MEMBER also accepts any statement made by GYES regarding the services, usage, content, applications, members, and users provided by GYES on the site or to be provided.
- Personal data shared by the MEMBER in order to create membership on the website or to benefit from the website; collected, stored, and processed by GYES or its business partners in accordance with the Privacy and Data Security Policy, Personal Data Protection Information Text, for the performance of the obligations determined by the Membership Agreement, the execution of the applications required for the operation of the website, providing various advantages to the Member, performing order transactions, delivering orders, performing customer services and complaint follow-up transactions, and allowing special advertising, sales, marketing, surveys, similar purposes, any kind of electronic communication, profiling, statistical studies to be conducted with the permission of the Member.
- In case of a request by authorized authorities in accordance with the current legislation, GYES may share the information of the Member held by itself in accordance with the Law on Protection of Personal Data No. 6698, by informing the Member in advance and in any case in compliance with the rules of data transfer.
- If the Member is required to disclose personal data and information due to legal obligations, the Member cannot hold GYES responsible. GYES declares that it will process the personal data of the Member, who is a party to this Agreement, within the framework of the primary and secondary obligations arising from Law No. 6698 regarding the protection of personal data, take the necessary technical and administrative measures to ensure data security, and prevent the unlawful processing, access, and disclosure of personal data acquired from the Member, and maintains data security. The Member can always examine the Privacy and Personal Data Protection Policy on the website to obtain more information about the conditions of use of personal data and their rights in this regard, and can also use the email address [email protected] specified therein or other methods specified in the policy.
- The Member acknowledges and declares that the information disclosed in this form and subsequently by the Member is correct, and in case of any changes, they will update them immediately, and agrees to cover any damages that GYES may suffer if the information is incorrect.
- The Member agrees and declares that they will act in accordance with the provisions of this Membership Agreement, all conditions specified on the website, current legislation, and ethical rules in transactions and correspondence carried out on the website. The legal and criminal responsibility for the transactions and actions performed by the Member on the website, including the website, belongs to the Member.
- There can only be one registration for a member.
- GYES can terminate the Membership agreement at any time and without stating any reason.
- The Member can terminate this agreement and end the membership by sending an email to [email protected] or through the website, provided that they notify GYES through the call center.
- The rights provided to the member cease upon termination of the membership agreement or for any other reason.
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CONTRACT AMENDMENTS
GYES, at its sole discretion, may unilaterally change this Membership Agreement and any policies, provisions, and conditions, including the Cookie Policy, Information Notice about Personal Data Protection Law, Data Processing Policy, at any time it deems appropriate, by announcing on the website, provided that it does not violate the provisions of the current legislation. The amended provisions of this Membership Agreement will be effective as of the date they are announced on the website, while the remaining provisions will remain in full force and effect. For the avoidance of doubt, this Membership Agreement cannot be unilaterally changed by the Member.
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EVIDENCE AGREEMENT
The Member agrees that in case of any disputes arising from this Membership Agreement, the official records and commercial records of GYES, as well as the e-archive records, electronic information, electronic correspondences, and computer records held in GYES’s database and servers, will constitute binding, conclusive, and exclusive evidence, and this clause is accepted as an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
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APPLICABLE LAW AND RESOLUTION OF DISPUTES
This Membership Agreement shall be exclusively subject to the laws of the Republic of Turkey. Any and all disputes arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of the Istanbul Anatolian Courts and Enforcement Offices.
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NOTIFICATION
GYES will communicate with the Member via the email address provided by the Member during registration or by calling the telephone number and sending SMS messages. The Member is responsible for keeping their email address and telephone number up to date.
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INTEGRITY AND SEVERABILITY OF THE MEMBERSHIP AGREEMENT
This Membership Agreement constitutes the entire agreement between the Parties regarding the subject matter. If any provision of this Membership Agreement is held to be wholly or partially invalid or unenforceable or unreasonable by any competent Court, Arbitration Board, or administrative authority, such invalidity, unenforceability, or unreasonableness will be deemed to be divisible and this Membership Agreement will continue in full force and effect with the remaining provisions.
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ASSIGNMENT OF THE MEMBERSHIP AGREEMENT
The Member shall not assign their rights or obligations under this Membership Agreement, in whole or in part, without the prior written consent of GYES.
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AMENDMENT AND WAIVER
The failure of any Party to exercise any right granted to it in this Membership Agreement or the failure to enforce it shall not constitute a waiver of such right or prevent it from being exercised or enforced at a later date.
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MISCELLANEOUS PROVISIONS
- Links to other websites owned and operated by third parties that are not under the control of GYES may be provided on the site. These links are provided to facilitate the convenience of users and members and do not imply any endorsement of the website or the person operating the site. GYES has no responsibility for websites accessed through such links, and any damages that may arise from the use of these websites are the responsibility of the users and members. GYES may terminate access to such linked websites at any time, which it does not deem appropriate.
- GYES continuously monitors the accuracy and currency of the information available on the site. However, despite the efforts shown, the information on the site may lag behind actual changes. The materials and information contained on the site are presented at the time they are provided to the site, and there may be differences between the current status of the relevant service or information and the status on the site. No explicit or implied warranties or commitments are made regarding the accuracy, currency, terms, quality, performance, marketability, suitability for a particular purpose, and completeness of the information, service, or products available on the site and not limited to these on the site and any other information, service, or product related to them.
- GYES is not liable for any direct or indirect damages arising from accessing the website, using the website or the information and other data, programs, etc. on the website due to breach of contract, tort, or other reasons. GYES does not accept any liability regarding interruptions, errors, negligence, interruptions of transactions, errors, negligence, or other reasons. It is acknowledged that GYES is exempt from any and all liability, damages, and claims rights, including court and other expenses, resulting from the use/visit of this website or linked other websites, or as a result of such use/visit.
GYES SAVUNMA SANAYİ LİMİTED ŞİRKETİ (DATA CONTROLLER)
ADDRESS: ÇERKEŞLİ MAH. UZUNTARLA SK. NO: 7 İÇ KAPI NO: 1 DİLOVASI/ KOCAELİ
PHONE: +90 216 232 49 37
The MEMBER, by electronically approving this agreement as of the membership date, agrees, declares, and undertakes to abide by the terms of the agreement during the membership period.
