Membership Contract
MEMBERSHIP CONTRACT
1. PARTIES
This Membership Contract (hereinafter referred to as the "Contract") is hereby entered into by and between Lida Turizm Tic ve San Ltd. Şti residing at the address of Gold Park Plaza, Mollafenari Mahallesi Nuruosmaniye Caddesi No: 47 Kat: 5 Daire: 12, 34120 Fatih/ Istanbul and the member of https://www.lidamuzayede.com/web site.
Moreover, where the Buyer is a legal person and creates a membership by clicking the "Corporate User" on the Web Site, the person who signs the Online Auction Product Purchase Agreement shall have accepted, represented and undertaken that s/he is authorized to execute and take this kind of action for the legal entity; that unless s/he is authorized, then s/he shall be personally liable for all consequences of her/his present/future actions (unauthorized membership to the Web Site, unauthorized actions, bidding and buying under this membership account beyond any authority, etc.)
2. DEFINITIONS
2.1. The Company: Lida Turizm Tic. Ve San.Ltd.Şti based at the address of Gold Park Plaza, Mollafenari Mahallesi Nuruosmaniye Caddesi No: 47 Kat: 5 Daire: 12, 34120 Fatih/ Istanbul is engaged in online auction organizations via its web site at https://www.lidamuzayede.com/ and shall be hereinafter referred to as the "Company.
2.2. The Web Site: means the online web site where various services and contents are offered within the frame set and defined byhttps://www.lidamuzayede.com/
2.3. Member: means the natural or legal person who signs up to the Web Site and makes use of the online services offered on the Web Site subject to terms and conditions hereof and who may bid in the auctions.
2.4. The Buyer: means the member who buys the goods offered for sale by making use of the Services available at the Web Site.
2.5 User: means the visitor of the web site: https://www.lidamuzayede.com/ as a member or without being a member.
2.6. Approval procedure: means the set of actions that need to be taken in order to activate the membership of the User whereby the Member shall send a message over the https://www.lidamuzayede.com/ as set out in the membership form.
2.7. Terms of Use of the Web Site and Membership Agreement: means the agreement to be signed electronically between https://www.lidamuzayede.com/ web site and such natural and/ or legal person who shall make use of commercial or personal services offered via the Web site.
3. SUBJECT MATTER AND SCOPE OF THE AGREEMENT
3.1. The Membership Agreement is intended to define the auction services offered at the Web Site online and the conditions and terms to make use of those services as well as the respective rights and obligations of the Parties in relation to such use.
3.2. The scope of the Membership Agreement covers all warnings, legends as well as explanations made by the Company in relation to the use, membership and auctions, products and services as set out at the Web Site and this Agreement and annexes hereto. The Member shall have accepted all statements made by the Company in connection with the use, membership and services as set out at the Web Site upon the acceptance of the provisions hereof. The Member agrees, represents and undertakes that s/he shall fully comply with all requirements set out in the said statements.
3.3. The services to be offered at the https://www.lidamuzayede.com/web site shall consist of electronic commerce services that are generally defined in the Consumer law.
3.4. https://www.lidamuzayede.com/ web site: Services to be offered at the Web Site shall include, but not be limited to, the delivery of products offered for sales at https://www.lidamuzayede.com/ by way of an auction to the Buyer within the committed time period after the payment of its price equal to the highest bid made by a Member, provided that the obligation to deliver such Product may be duly performed.
3.5. https://www.lidamuzayede.com/ shall be fully free to define the scope and nature of the services to be offered over the web site, and changes to the services shall be deemed to become effective when they are posted on the Web Site. In the case of an amendment to this Agreement in connection with the Services and/ or whenever required pursuant to the applicable legislation and/ or this Agreement, or at its sole discretion it reserves its right to post an information notice at the Web Site and to change the Agreement subject to the approval from the Member upon the latter's first log-in in his Web Site account.
3.6. In order to use the services offered on the website, users must comply with the specifications to be established by https://www.lidamuzayede.com/and listed in the relevant section of the website and in Article 4 of this Contract. https://www.lidamuzayede.com/shall be fully free to define these specifications and shall be deemed to put into effect by publishing the changes it will make regarding the specifications on the website.
3.7 Services offered on the Web Site are free of charge.
4. RIGHTS AND OBLIGATIONS OF THE MEMBER
4.1. Member agrees, represents and undertakes to act in compliance with the terms and conditions hereof and various rules posted at the Web Site.
4.2. Member agrees to comply with the Turkish Code of Obligation, Turkish Criminal Code, Turkish Commercial Code, the Intellectual and Artistic Works Law, the Law or Protection of Trade Marks and Patent Rights, the Personal Data Protection Law and the regulations and directives enacted thereunder as well as other applicable legislation and all notices and announcements that the Company may publish in connection with services. Member shall bear all legal, criminal and financial liabilities that may arise from use in breach of such notices and laws.
4.3. Member shall fully indemnify the Company against all losses that the Company may sustain on account of Member's acts in breach of his obligations undertaken by him hereunder, and the Company shall have the right to have full recourse to Member for all indemnities, administrative/ judicial fines that it may be ordered to pay public agencies and/ or third parties on account of Member's acts in breach hereof.
4.4. Member may not commit any act that would prevent other members and Web Site visitors from using the Web Site, or make it more complicated for them, or may not upload the servers or databases with automatic programs so that they are locked, or make any attempt involving misleading data. Member agrees that in case of any breach of this clause, he shall assume all kinds of civil and criminal liability that may arise therefrom.
4.5. Member agrees and represents that his personal data and other data that he provides during his registration with or shopping at the Web Site are true and updated; that unless such data are true and updated, he shall fully and immediately indemnify the Company against all its losses sustained by it on account of this failure.
4.6 All records for any membership account that is terminated by the Company or Member shall be stored by the Company subject to such terms set out in the Personal Data Protection Law. Notwithstanding the foregoing, the Company also reserves its right to erase such records promptly after the termination of the membership. Member agrees in advance that he may not assert any right or claim in connection with deleted records. On the other hand, Member revers its right to be informed about his personal data.
4.7. It is the responsibility of individuals to keep back-ups of correspondence exchanged with the Company. The Company recommends taking back-ups of such correspondence as the Company shall not be responsible for lost or erased data on account of the failure to take up back-ups of the correspondence.
4.8. Member shall bear those risks associated with links provided at the Web Site in order to provide convenience and information to visitors (links to other web sites).
5. RIGHTS AND OBLIGATIONS OF THE COMPANY
5.1. In the circumstances defined below, the Company shall have the right to cancel the said formalities and actions, to cease Member's use, to terminate the membership of Member and to unilaterally terminate this Agreement with immediate effect.
(a) In the event that wrong, irregular, incomplete and misleading information or such information that features statements that are not acceptable in light of general ethical and moral rules and are not in conformity with Turkish Republic laws are posted on the Web Site:
(b) If those works and data used at the Web Site are fully or partly copied or there is an attempt to copy them fully or partly;
(c) if the user name, password and similar credentials assigned by the Company to Members or that Members defined are disclosed to third parties, or the password is abused by third parties in bad faith, Member shall be directly responsible. Likewise, a Member may not use a third party's IP address, e-mail address, user name or other credentials online nor may he have unauthorized access to or use of private data of other members. Member shall bear the entire civil and criminal liability that may arise from such use.
(d) In case of the use of the software or any operation, or attempt of such use or operation, that shall threaten the overall security of the Web Site or that would block the operation, of the Web Site or the software in use, or the collection, erasure or modification to such information that would give rise to such threat.
(e) If Member causes damage to the Company by taking advantage of any (technical etc.) vulnerability in the Company's campaigns, its sales system or the Web Site, secures an unfair interest or the Company discovers the abuse of the sales system or the Web Site in the case of recurring applications.
(f) Where Member acts in breach of the applicable law or such rules posted at the relevant parts of the Web Site or all conditions and terms set out herein in the course of her/his use of the Web Site or during the shopping.
5.2. The Company shall act in line with all policies and rules posted at the Web Site and terms and conditions hereof during the use of the Web Site. Notwithstanding the foregoing, the Company shall be obliged to store such Membership details that it should do under the applicable law.
5.3. Notwithstanding the foregoing, the Company shall not use such data for any commercial purposes or any reason whatsoever other than its business operations; however, this article shall not prevent the assignment of the agreement to third parties.
5.4. Member may make payments over the bank via the Web site or make direct cash payments to the Company. Where the Member uses a credit card to pay the price of a good purchased on the Web Site, the number of his credit card, and the expiry date of that card and its CVV2 code as well as similar details shall be disclosed to the relevant financial institutions in order to execute the transaction. Member understands and agrees that such disclosure is required.
5.5. The Company shall have the right to use membership details subject to this Agreement and all legal limits, including, in particular, the Personal Data Protection Law, for its own marketing operations during the term of this Agreement, or subject to their anonymization, even after the termination hereof.
5.6. The Company undertakes that Member shall be allowed to make use of the contractual services other than technical faults and that any data that Member makes public shall not be disclosed to third parties other than legal requirements or circumstances where they are strictly required to be disclosed for the achievement of the purposes mentioned above.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. All elements of the Web Site (including, but not limited to, its design, texts, images, html code and other codes) belong to the Company (works subject to the Company's copyrights) and/ or are used by the Company under a license from a third party. Members may not resell, disclose, distribute, exhibit, display, reproduce, or produce or prepare derivative works from, the Company Works, the Company data or works subject to the Company's copyright nor may allow third parties to have access to or use the Company's services; otherwise, Member shall be liable to cover all liabilities, including, but not limited to, court expenses and attorney's fee and the amount of indemnity claimed by third parties, including but not limited to, licensees, from the Company on account of their losses.
6.2. The Company reserves all its rights in and on its in-kind and personal rights, commercial know-how and knowledge and all its assets including all its tangible and intellectual property rights arising from or vested in its Services, its Data, works subject to the Company's copyright, its trade marks and trade dress or over and through the Web Site.
7. ASSIGNMENT, TERM, AMENDMENTS AND TERMINATION OF THE AGREEMENT
7.1. https://www.lidamuzayede.com/ may terminate this Agreement in full or in part at any time at its sole discretion without any prior notice; however, the User and Member may not assign this Agreement or any part of it to a third party, and such an attempt of assignment shall be null and void.
7.2. This Agreement shall come in force until such time when the membership of Member is cancelled either by Member itself or by the Company.
7.3. Cancellation of the Membership and the account deletion may be done by Member by calling 0212 512 91 10 or by sending an e-mail to info@lidadiamond.com. A user who terminates his/her membership shall no longer have permission to use the Web Site as a Member.
7.4. Where Services necessitate an amendment to this Agreement and/ or such amendment is dictated by the applicable law and/ or the Agreement, the Company reserves its right, at its sole discretion, to amend the Agreement by informing Members by means of a post at the Web Site and subject to Member approval upon the latter's first log-in with the Wes Site.
7.5. Where Member acts in breach of any provision hereof, the Company may unilaterally terminate this Agreement by cancelling the membership.
8. LIMITATION OF LIABILITY
https://www.lidamuzayede.com/ shall be in no event liable for any direct or indirect loss that may arise from the violation of the Agreement, any tort or other reason whatsoever in connection with access to the Web Site, or the use of the Web Site or the information or other data therein or the programs, etc. https://www.lidamuzayede.com/ shall not accept any liability about the interruption of operations, negligence, error, fault or deduction as a result of the violation of the agreement, tort, negligence or other reasons whatsoever. It is accepted that https://www.lidamuzayede.com/ shall be held harmless from any kind of losses and claims, including court expenses and other expenses, that may arise from all kinds of liabilities arising from the access to, or the use of, this Web Site or other web sites to which a link is provided as well as the use of/ visit tohttps://www.lidamuzayede.com/
9. FORCE MAJOR EVENTS
In the case of an unusual circumstance that may be described as a force major event, the Company shall not be under any liability, including compensation, in particular, on account of the failure to perform the Terms of Use and Membership Agreement late or duly.
10. APPLICABLE LAW AND JURISDICTION
10.1. The validity, performance and governance of this Agreement shall be subject to Turkish law and Istanbul Central Courts and Execution Offices shall have jurisdiction over the settlement of any dispute that may arise from this Agreement.
10.2. Where the "buyer" capacity is electronically approved as a result of the highest bidding in the auction, Buyer and/ or Member shall be deemed to have accepted all provisions hereof. In the case of a dispute between the Parties and/ or in connection with complaints of third parties, the Company's records and documents, and e-mail correspondence, as well as system records available online (including records on magnetic media such as computer and sound records), shall constitute conclusive evidence in the sense set out in Article 193 of the Code of Civil Procedures.
11. GENERAL PROVISIONS AND EFFECTIVENESS
11.1 The most current e-mail address that the Member provides or will provide to the Company shall be considered a legal notification address for all kinds of notices to be served in connection with the present Agreement.
11.2. The Parties agree that they shall keep their contact details (telephone, e-mail address, address) as updated and current; that either Party shall notify any change to their existing e-mail address to the other Party within 3 (three) days; that unless such notice of the change is provided, notices to be served on the former e-mail addresses shall be valid and deemed to have been served on them.
11.3. All kinds of notices to the Member's registered e-mail address shall be deemed to have been received by the Member 1 (one) day after the Company sends e-mail.
11.4. The Agreement shall become effective upon mutual acceptance following the electronic approval by the "Member" during the membership procedures.
Member agrees, represents and undertakes that he has read, understood and accepted all articles set out in this Agreement and that the information provided by him is true and correct.
