Membership Agreement
1. PARTIES AND THE SUBJECT OF THE AGREEMENT
PARTIES
This Membership Agreement (“Agreement”) was executed between Turqaz Kıymetli Madenler Sanayi ve Ticaret Limited Şirketi (ICONS), who is the owner of the website www.iconsjewelry.com and resides at the address Molla Fenari Mah. Mesih Mehmetpaşa Sok. Arnavut Han No:2-4 İç Kapı No:33 Fatih/İSTANBUL and the website user who registered in the mobile application (“Platform”) by agreeing to the terms and conditions below or the user who registered via applications installed on mobile devices (“Member”), for the purpose of setting forth the conditions under which the Member shall utilize the Services provided by ICONS.
ICONS and the Member shall hereinafter be referred individually as “Party” and collectively as “Parties”.
SUBJECT
The subject of this Agreement is to determine the conditions under which the Member shall utilize the website www.iconsjewelry.com that is owned by ICONS.
2. DEFINITIONS:
SELLER: Refers to the legal entity who provides or sells, through the Platform, the goods or services subject to e-commerce.
BUYER: Refers to the natural or legal person who purchases or acts for the purpose of purchasing, through the Platform, the goods or services subject to e-commerce.
SERVICE PROVIDER: Refers to the natural or legal persons who are engaged in electronic commerce operations.
INTERMEDIARY SERVICE PROVIDER: Refers to the natural or legal persons who provide the electronic commerce environment in which the economic and commercial operations of other parties are carried out.
PERSONAL DATA PROTECTION POLICY: Refers to the text that sets forth ICONS’ general privacy policy regarding personal data, including how and for what purposes the personal data transmitted by Members through the Platform will be used by ICONS, and that can be accessed through the www.iconsjewelry.com platform.
WEBSITE COOKIE POLICY: Refers to the text that sets forth ICONS’ policy regarding the use of cookies, including how the advertising cookies will be used as a result of the Members’ visit to the Design Storyteller website, and that can be accessed through the www.iconsjewelry.com platform.
MEMBER ACCOUNT PAGE: Refers to the Member’s private page which can be accessed with a user name and password to be determined by the relevant Member, through which the Member will be able to make the necessary adjustments and enter their personal data and the information requested from them on an application basis to take advantage of various applications and Services included in the Platform.
SERVICES: Refers to the practices implemented by ICONS so that the Members can perform the procedures and transactions defined in this Membership Agreement.
PDPL: Refers to the Personal Data Protection Law no. 6698.
MEMBER: Refers to natural persons who agreed to the membership agreement and confidentiality notifications on the www.iconsjewelry.com page and attained the status of “Member”.
USER/VISITOR: Refers to persons who visit the www.iconsjewelry.com page without becoming a member of the website.
GUEST USER: Refers to persons who shop by using the www.iconsjewelry.com page without becoming a member of the website.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
In order to gain membership status, the user who wants to become a Member must approve this Membership Agreement on the Platform, fill in the information requested therein with correct and up-to-date information, and the Membership application must be evaluated and approved by ICONS. The user who wants to become a member must have turned 18 (eighteen) years old. Upon completion of the approval process and notification to the Member, the Membership status begins and the Member thus acquires the rights and obligations specified in this Membership Agreement and the relevant parts of the Platform. The Member who fails to provide accurate and up-to-date information when filling out said Membership Agreement is personally liable for all damages that may arise therefrom. The Member has the right to terminate the Membership status at any time by pressing the “Cancel Membership” button on the Member Account Page. Cancellation of membership does not mean the cancellation of the consent given for sending commercial electronic messages. The Member is also and especially required to withdraw their consent to send electronic messages.
In case there is a dispute about to whom the membership rights and obligations belong and in case such persons make a request from ICONS in this respect, if there are more than five payments made to ICONS for any Service using the relevant Membership account, the last five payments, in case of fewer payments, the person who makes the majority of all payments made shall be deemed to be the owner of the Membership account and action shall be taken accordingly.
The Member agrees and represents that if he/she wishes to initiate any legal action or purchase process related to the special offers and/or advertisements displayed on the Platform, he/she has to fulfill all necessary legal obligations and legal procedures, including those on the Platform, and that ICONS does not have any knowledge and responsibility regarding such obligations and procedures.
The Member declares that he/she accepts that he/she will act in accordance with the provisions of this Membership Agreement, all conditions specified on the Platform, applicable legislation and ethical rules in the transactions and correspondence he/she carries out on the Platform. The legal and criminal liability for the transactions and actions of the Member within the Platform shall be borne by the Member.
In case of the request by the authorities, pursuant to the applicable PDPL and other legislation, ICONS may share the Member’s personal data such as ID, contact, IP address, Site activity etc. Information regarding the legal basis and methods of ICONS for processing your personal data can be found in the “General Clarification Text on the Protection of Personal Data”.
Personal data received from the Members during registration to the Platform may be transmitted to other Members who may be a party to the dispute in order to enable the parties to exercise their legal rights, limited only to the requested subject matter and limited only to this scope, in case of disputes arising between the Members on issues that may constitute a crime in terms of forgery, fraud, misuse of the Platform as per the Turkish Penal Code.
The username and password information required by the Member to access the Member account page and to perform transactions on the Platform is created by the Member and the Member is solely responsible for the security and confidentiality of such information. The Member agrees, represents and undertakes that the transactions carried out with the user name and password belonging to him/her have been carried out by him/her, that the responsibility arising from these transactions belongs to him/her in advance, that he/she cannot assert any defense and/or objection that he/she did not carry out the operations and transactions carried out in this way and/or that he/she cannot avoid fulfilling his/her obligations based on this defense or objection.
The Member shall not be entitled to use the Platform in violation of the codes of law, ethics and integrity, especially in case of the following:
Using the Platform for creating, controlling, updating or changing a data base, record or contact list on behalf of any person;
- Using the Platform, whether fully or partially, to disrupt, modify or reverse engineer;
- Carrying out transactions using false information or another person’s information, creating fake Membership accounts by using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information, and using these accounts in violation of the Membership Agreement or applicable legislation, using another Member’s account without permission, becoming a party or participant in transactions by replacing someone else or under a false name;
- Using the comment and rating systems for purposes unrelated to the Platform such as publishing the comments on the Platform outside of the Platform or to manipulate the systems;
- Spreading viruses or any other malware that harms any content on the Platform, the Platform’s database or the Platform itself;
- Engaging in activities that will create unreasonable or disproportionately large loads on the communications and technical systems determined by the Platform or that will damage the technical functioning of the systems, using “screen scraping” software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling on the Platform without the prior written permission of ICONS and copying, publishing or using all or part of any content on the Platform without permission;
The Member is obliged to carry out his/her operations on the Platform in a way that will not harm ICONS financially and the Platform technically in any manner whatsoever. The Member agrees and undertakes that he/she has taken all necessary measures, including using the necessary protective software and licensed products, to ensure that the use of the Platform does not involve any programs, viruses, software, unlicensed products, trojan horses, etc. that may damage the Platform. The Member also agrees that he/she will not enter the Member account page by using bots or automatic login methods.
It is illegal to use the Platform or its contents in violation of the terms of use set forth by this Membership Agreement or the provisions of the applicable legislation; and ICONS reserves the right to initiate claims or legal actions and proceedings.
AMENDMENTS
ICONS may unilaterally amend this Membership Agreement and any policy, term or condition, including the “Privacy and Personal Data Protection Policy” on the Platform, at any time, provided that no provisions of the applicable legislation are breached, by announcing the amendment on the Platform. The amended provisions of this Membership Agreement shall take effect on the day they are announced on the Platform, while the remaining provisions shall remain in full force and effect.
FORCE MAJEURE
If events that develop beyond the control of ICONS, which occur due to no fault of ICONS, and which cannot be reasonably foreseen such as riots, embargoes, state intervention, rebellion, occupation, war, mobilization, strikes, lockouts, labor actions or boycotts including cyber-attacks, communication problems, infrastructure and internet failures, system improvement or renewal works and failures that may arise for this reason, power outage, fire, explosion, storm, flood, flood, earthquake, migration, epidemic, pandemic or any other natural disaster ( “Force Majeure”) prevent or delay ICONS’ performance of its obligations arising from this Membership Agreement, ICONS may not be held liable for such delay or non-performance and this may not be considered a breach of this Membership Agreement.
GENERAL CLAUSES
6.1. The Member agrees that the official books and commercial records of ICONS and the e-archive records, electronic information and computer records kept in the database and servers of ICONS shall constitute binding, conclusive and exclusive evidence in disputes that may arise from this Membership Agreement and that this article is an evidence contract in the context of Article 193 of the Code of Civil Procedure No. 6100.
6.2. ICONS will communicate with the Member via the e-mail address provided by the Member while registering or by calling and sending an SMS to the phone number. The Member is obliged to keep his e-mail address and phone number up to date.
6.3. This Membership Agreement constitutes the entire agreement between the Parties regarding its subject matter. In the event that any provision of this Membership Agreement is deemed to be wholly or partially invalid or unenforceable or unreasonable by any competent court, arbitration panel or administrative authority, this Membership Agreement shall be deemed severable to the extent of such invalidity, unenforceability or unreasonableness, and the other provisions shall remain in full force and effect.
6.4. The Member shall not assign its rights or obligations under this Membership Agreement in whole or in part without the prior written consent of ICONS.
6.5. Failure of one of the Parties to use or exercise any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the subsequent use or exercising of such right.
TERMINATION
This agreement shall remain in force until the member cancels their membership or the membership is revoked by ICONS. ICONS may revoke the Member’s membership and unilaterally terminate the agreement if the Member violates any provision of the membership agreement.
SETTLEMENT OF DISPUTES
This Membership Agreement shall be exclusively governed 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 the İstanbul Consumer Arbitration Committees and İstanbul (Çağlayan) Courts and Enforcement Offices.
COMPANY DETAILS
For more information, you can contact us through the following contact information and e-mail address on www.iconsjewelry.com.
Address: Molla Fenari Mah. Mesih Mehmetpaşa Sok. Arnavut Han No:2-4 İç Kapı No:33 Fatih/İSTANBUL
Phone: +90 (530) 470 42 86
Customer Services: hello@iconsjewelry.com
ENTRY INTO FORCE
The member’s completing the registration process means that the member has read and agreed to all the articles in the membership agreement. This Agreement was executed and mutually entered into force upon the member’s registration.
Each provision of this Membership Agreement, consisting of 10 (ten) articles, was read and understood thoroughly by the Member and was approved electronically and entered into force upon its approval.