- Parties and Subject of the Agreement
Hereby this Membership Agreement (“Agreement”) has been concluded to determine the terms and conditions for the Member to benefit from the Services offered by VOİLACARD. Hereby this Agreement has been concluded between Coza Digital and Smart Solutions Ltd. (“VOİLACARD”), the owner of the www.voilacard.com/en and mobile applications which is residing at “Kolektif House Maslak Maslak Mah. No:6 Kat:7 No:738 Sarıyer/İstanbul ” and the user that has accepted terms and conditions in this Agreement and became member to the website and the applications (“The Member”).
VOİLACARD and The Member will be referred as the “Party” separately and together as the “Parties” in this Membership Agreement.
Hereby this Agreement subject is determine the terms and conditions for the Member to benefit from the Services offered by website of ( www.voilacard.com/en ) VOİLACARD.
SELLER: It refers legal person who offers or sells the goods or service subject to e- commerce via the Platform.
PURCHASER: It refers legal and natural person who purchases or conduct with the aim of purchasing the goods or service subject to e-commerce via Platform.
SERVICE PROVIDER: It refers natural or legal persons that engaged in e-commerce activities
INTERMEDIATE SERVICE PROVIDER: It defines natural or legal persons that provide e-commerce medium to carry out economic and commercial activities belonging to others.
POLICY OF PROTECTING PERSONAL DATA: It refers the text that regulating the general policy of VOILACARD regarding personal data including for what purposes and how Voilacard will use the personal data transmitted by the Members through the Platform and accesible via wwww.voilacard.com/en .
ACCOUNT PAGE OF THE MEMBER: It refers to the Member-specific page, where the Member can perform the necessary actions in order to benefit from the various Services on the Platform, where the Member enters its personal data and information requested on the basis of the application, and which can only be accessed with the username and password determined by the relevant Member.
SERVICES: It refers to the practices put forward by VOILACARD in order to enable the Members to perform the works and transactions defined in this Membership Agreement.
TURKISH PERSONAL DATA PROTECTION LAW: It defines the Law No. 6698 Personal Data Protection Law.
THE MEMBER: It refers the natural persons who is earned membership by accepting the membership agreement and privacy notices on www.voilacard.com/en .
THE USER: It defines natural persons who visit www.voilacard.com/en without being a member.
THE GUEST USER : It defines natural persons who shop using the www.voilacard.com/en page without being a member of the site.
- 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 here with correct and up-to-date information, and the Membership application must be evaluated and approved by VOILACARD. The user who wants to become a Member must be over 18 years old. After the approval and notification to the Member the Membership has begun thus, the Member acquires the rights and obligations specified in this Membership Agreement and in the relevant parts of the Platform. The Member who does not provide the information accurately while he/she is filling in the information of this Membership Agreement is liable in person from all damages arise due to that. The Member has right to end the membership status anytime by clicking “Cancel of the Membership” button that he/she can access from Member Account page. The cancellation of the Membership does not mean as withdrawal of the approval given for commercial electronic messages. The Member is also required to withdraw the approval of sending electronic messages, in particular.
- If there is a dispute about who owns the rights and obligations of the Membership and the said persons make a request from VOILACARD, in case of more than five payments made to VOILACARD for any Service using the relevant Membership account, the last five payments will be paid in case of less the person who makes the majority of all will be deemed to be the owner of the Membership account and action will be taken accordingly.
- If the Member wishes to initiate any legal action or purchase process regarding the campaign and/or advertisements displayed on the Platform, he/she agrees that he/she must fulfill all necessary legal obligations and legal procedures, including those on the Platform. It accepts and declares that VOILACARD does not have any information and responsibility regarding such obligations and procedures.
- The Member declare that he/she accepted that he/she will behave in compliance with the terms of Membership Agreement, all of the conditions that mentioned on Platform, and the legislation and moral rules in transactions and correspondences he/she carried out. The legal and criminal responsibility for the transactions and actions of the Member within the Platform belongs to her/him.
- VOILACARD may share personal data such as identity, contact, IP address, movements within the Site with the relevant authorities upon the request of the competent authorities in accordance with the applicable KVKK and other legislation. The informations about conditions of processing, legal grounds, and transfer of processing personal data by VOILACARD is in “Clarification Text of Protecting Personal Data”.
- Personal data obtained from Members during membership to the Platform may be transferred between Members in disputes arising from counterfeiting, fraud, abuse of the Platform, and crimes within the meaning of the Turkish Penal Code. This transfer is made solely for the Parties of this dispute to exercise their legal rights and is limited only to what is requested.
- The user name and password information required by the Member in order to access the Member's account page and perform transactions on the Platform is created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The Member accepts, declares and undertakes that the transactions performed with his/her user name and password are carried out by him/her, that the responsibility arising from these transactions belongs to him in advance, and that he/she cannot claim any affirmative defence and/or objection that he/she did not perform the works and transactions carried out in this way, and/or cannot avoid fulfilling its obligations based on affirmative defence and/or objection.
- The Member shall not use the Platform in violation of the law, morality and honesty rules, especially in the cases listed below:
- Using the Platform to create, control, update or change a database, record or directory on behalf of any person;
- Using all or part of the Platform to disrupt, modify or reverse engineering;
- Making transactions by using false information or another person's information, creating fake 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 use of these accounts in violation of the applicable legislation or Membership Agreement;
- Unauthorized use of another Member's account, being a party to or participating in transactions under a false name;
- Using comment and scoring systems for non-Platform purposes, such as posting comments on the Platform outside of the Platform, or used for purposes other than to manipulate systems;
- Spreading of a virus or any other malicious software harmful to the Platform, the Platform's database,and any content on the Platform;
- Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by the Platform, or harm technical operation;
- 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 consent of VOILACARD
- Publishing and using unauthorized copying, publication or use of all or part of any content;
- The Member is obliged to carry out the transactions made on the Platform in a way that will not harm VOILACARD financially and technically the Platform in any way. The Member accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent Platform use of all kinds of programs, viruses, software, unlicensed products, trojan horses, etc. that will harm the Platform. Besides the Member accepts that she/he does not enter her/his Member Account Page with robot or automatic input methods.
- It is illegal to use Platform or content on it in violation of the conditions set forth in this Membership Agreement or the applicaple legislation. VOILACARD reserves the right to request, litigation and follow-up.
- AMENDMENTS OF THE AGREEMENT
VOILACARD may unilaterally change this Membership Agreement and any policies, terms and conditions on the Platform, including the “Privacy and Personal Data Protection Policy”, at any time it deems appropriate, by posting it on the Platform, provided that it does not contradict the provisions of the current legislation. Hereby this Membership Agreement’s amended terms will take effect on the date they are announced, remaining terms will continue to have its provisions and consequences by remaining in force as it is.
- FORCE MAJURE
Cyber attacks, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur due to this, including uprising, embargo, state intervention, rebellion, occupation, war, mobilization, strike, lockout, business actions or boycotts, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic, pandemic or other natural disaster or other events that may occur due to these or if other unforeseen events that carried out beyond VOILACARD's control and not caused by fault and not reasonably foreseeable ("Force Majeure") events prevent or delay VOILACARD from performing its obligations arising from this Membership Agreement, VOİLACARD cannot be held responsible for its obligations that are prevented or delayed as a result of Force Majeure, and this cannot be considered as a violation of this Membership Agreement.
6. GENERAL PROVISIONS
6.1. The Member accepts that in disputes that may arise from this Membership Agreement, VOILACARD's official books and commercial records and e-archive records, electronic information and computer records kept in VOILACARD's database and servers will constitute binding, final and exclusive evidence and this article is in the nature of an evidential contract within the meaning of article 193 of the Code of Civil Procedure No. 6100.
6.2. VOILACARD will communicate with the Member via the e-mail address that the Member has stated while registering, 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.
6.3. Hereby this Membership Agreement constitutes the entire agreement among the Parties regarding this matter. 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 to the extent that such invalidity, unenforceability or unreasonability this Membership Agreement shall be deemed severable and all other provisions shall remain in full force and effect.
6.4. The Member shall not wholly or partiallly assign his/her rights and obligations in this Membership Agreement without take written approval of VOILACARD.
6.5. 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 shall not prevent the subsequent exercise or exercise of the right in question.
- TERMINATION OF THE CONTRACT
Hereby this Agreement will remain in effect until cancellation of the membership by the Member or by VOILACARD. VOILACARD shall terminate the Agreement unilaterally by cancelling the membership of the Member in case the Member violates any provision of this Membership Agreement.
- APPLICABLE LAW AND DISPUTE RESOLUTION
Hereby this Membership Agreement is subject to the laws of the Republic of Turkey. Any disputes arising from this Agreement or related to this Agreement will be under the exclusive jurisdiction of Istanbul (Çağlayan) Courts and Enforcement Offices.
- COMPANY INFORMATIONS
For additional information you can reach from www.voilacard.com/en via the contact information mentioned below,at any time via e-mail address or via phone number.
Address: Fulya Mah. Büyükdere Cad. QuasarNo:76 Şişli/İstanbul
Telephone: +90 555 123 45 67
Consumer Service: email@example.com