MEMBERSHIP AGREEMENT
1. Parties
This membership agreement has entered into force upon mutual acceptance by www.e-cataloger.com (hereinafter referred to as "site") and the "Member"'s electronic approval while becoming a member of www.e-cataloger.com.
With the electronic confirmation given when becoming a member of the Site, the User accepts, declares and undertakes that he/she has read the entire Membership Agreement, fully understood its content and approved all its provisions.
Definitions
Feritpaşa Mahallesi Ahmet Hilmi Nalçacı Cad., which carries out the activities of the www.e-cataloger.com website. Located at No:74/9 Selçuklu / KONYA (hereinafter referred to as "seller")
Site: It is a website that can be accessed online, where various services and contents are offered within the framework determined by www.e-cataloger.com.
Member: A natural or legal person who becomes a member of the Site and benefits from the Services offered on the Site under the conditions specified in this agreement.
Buyer: Member who purchases the goods and/or services offered for sale by using the Services offered on the Site.
User: The person who visits the www.e-cataloger.com website, with or without making a purchase.
Confirmation Process: This is the process that must be done by the Member in order to activate the User's membership by sending an e-mail from www.e-cataloger.com in the membership form.
Website Terms of Use and Membership Agreement: This is the agreement concluded electronically between the real and/or legal entities that will benefit from the commercial and personalized services offered through the site and the www.e-cataloger.com website.
2. Subject and Scope of the Agreement
2.1 This Agreement is concluded by the User for the purpose of determining the terms and conditions regarding the use of the Website and the data ("Content") uploaded by the User to the Application and the rights and obligations of the relevant parties.
2.2 It covers www.ecataloger.com products offered to Users by the Company. In this Agreement; The Application and the Site together will be referred to as the ecataloger.com platform (“Platform”).
2.3. The terms of use, rules and conditions offered by the Company to the Users regarding the use of the Platform within the scope of the Site are also an annex and an integral part of this Agreement, and together with the rights and obligations contained herein, constitute the entire rights and obligations of the parties.
3. Rights and Obligations of the Parties
3.1 The User declares that he/she is aware that he/she must approve this Agreement by providing complete, accurate and up-to-date information requested by the Company in order to benefit from the Platform. If there is any change in the information provided during the establishment of user status, such information will be updated immediately. The Company is not responsible for the inability to access and benefit from the Platform due to incomplete or inaccurate information or not being up-to-date.
3.2 The User declares that he/she is over 18 years of age and has the legal capacity to enter into this Agreement. If the User is accessing the Site on behalf of a business, the User accepts and declares that he/she has the necessary authority to do so. In this case, the rights and obligations related to User status will belong to the business in question.
3.3 The User has the right to establish a single User account, and following the suspension or termination of the User account by the Company, it is prohibited for the User to establish a second account using the same or other information. The Company reserves the right to refuse to open the User account at its sole discretion, without giving any reason.
3.4 Access to the Site by the User will be made using his e-mail address and password. The User will be responsible for protecting the confidentiality and security of this password, and any activity carried out with the use of such information on the Site will be deemed to be carried out by the User, and any legal and criminal liability arising from these activities will belong to the User. The User will immediately notify the Company when he becomes aware of any unauthorized use of his password or any other breach of security.
3.5 The User accepts and undertakes to use the Application only for its lawful activities and to comply with this Agreement, its annexes, applicable legislation and other terms and conditions stipulated in the Site and the Application regarding the Application. The User will be able to use the Platform on behalf of a third party as long as the User is authorized to provide services to third parties. In this context, the User will ensure that such persons comply with this Agreement and all other provisions applicable to him/her.
3.6 The User may authorize a third party as an "Authorized User" to use the Application from time to time. Who the Authorized User will be and the level of authorization within the scope of the Application will be determined by the User. The User is responsible for the use of the Platform by the Authorized Users and will always control the access of the Authorized Users to the Platform and may change the access level of the Authorized User to the Platform at any time and without any reason or cancel his/her access. In case of a dispute between the User and the Authorized User regarding access to the Platform, the User will make the decision regarding the Authorized User's access and access level to the Platform or Content.
3.7 The Content shared by the User is the property of the User and all responsibility for the Content belongs to the User. The Company has the right to use the Content within the scope of the license granted to it by the User under this Agreement. The Company cannot be held responsible for the Content or any loss or damage that may be caused by the Content, and the Company has no responsibilities regarding, but not limited to, legal compliance, accuracy of the Content, payment of invoices, collections, financial transactions and tax reporting. It is the User's sole responsibility to ensure compliance with the relevant legislation regarding financial transactions, taxes and other matters. The User accepts that the Company may delete the Content from the Platform and its systems based on the requirements arising from the applicable legislation, especially financial regulations, and that the Company is not responsible for any damages that may occur in this context, including lost data.
3.8 If the Company or the Platform is hosted by third parties, the User shall not engage in activities that would endanger the security and integrity of the computer and network systems of these third parties, and shall not interfere with the functionality of the Platform, the Application, the Site or other systems where services are provided, or the Platform. Not to use it incorrectly or in a way that would prevent or damage other users benefiting from it, not to provide unauthorized access to the computer systems where the Platform is hosted or outside the access scope granted to it, not to create files or files that may damage the computer systems, devices and software of the Company and third parties. will not transmit or upload unlawful Content (including copyrighted or trade secret Content and other materials on which the User has no right to use), will not use computer programs used in the provision of services or in the operation of the Platform, unless they are absolutely necessary for ordinary use. It accepts and undertakes that it will not change, copy, adapt, reproduce, create source code or reverse engineer.
3.9 The User acknowledges that his use of the Platform may be subject to restrictions, including monthly transaction and storage volumes. Such restrictions will be stated within the Platform.
3.10 The User will keep copies of the Content uploaded to the Application. Although the Company complies with the necessary policies and procedures to prevent data loss, it does not guarantee that there will be no loss of Content. The Company is not responsible for any loss of Content, regardless of how it arises.
3.11 The Company will process, store and use the personal data shared with it by the User in accordance with the Personal Data Protection Law No. 6698 "KVKK" and relevant legislation, "Personal Data Information Text" and "Personal Data Processing and Protection Policy". . The Company provides Users with cloud-based financial and business management applications accessed through the Platform. In this context, Users are personally responsible for the Content they upload into these applications; In terms of these uploaded Contents, the Company has the title of Data Processor in accordance with KVKK. If the User requests to share the Content in his/her own account, the Company; has the right to share the Content with other users and business partners to provide requested services such as sending invoices, sharing payment information, payment reminders, online collection by credit card. The User accepts that he/she may share the Content in his/her account with other users, that he/she will be personally responsible for this sharing and that the Company has no responsibility or control over this sharing. The Company will be able to use the User's usage and transaction information, performance evaluations, marketing campaigns of the Company and its business partners, annual reports and data in similar transactions by anonymizing them after storing them for the required period of time.
3.12 In case of technical problems with the Application, the User will make reasonable efforts to detect and diagnose the problem before contacting the Company. Necessary support in case the User continues to need technical support; It will be provided through the platform or other appropriate channels.
3.13 If communication tools (such as forum, chat tools or message center) are provided to the User through the Platform, the User declares and undertakes to use these communication tools only for lawful purposes. The User may use these communication tools for purposes other than the Application, including the sale of products and services, e-mails sent without the consent of the other party, files that may damage the software and computer systems of third parties, insulting content for other users or any unlawful content. will not use it to share materials. The User undertakes that he/she has the authority to do this in respect of all communications made through the Platform. The Company has no obligation to check the suitability of communications made through the Platform or whether they are for the purposes of using the Platform. In terms of other web-based communication tools accessed through the Application or used in connection with the Application, the Company shall exercise the same care as it is obliged to exercise when using the communication tools provided through the Platform. The Company has the right to remove the communication tools it provides through the Platform at any time at its own discretion.
3.14 The Company has the right to revise this Agreement and its annexes without any prior notice, and if this right is exercised, the relevant change will come into force with the next use of the Platform by the User. If the User does not accept such changes, the User reserves the right to terminate this Agreement as stated below.
3.15 The User cannot transfer or assign the User account and this Agreement and its rights and obligations arising from the use of the Platform to a third party in any way.
3.16 The User will be able to delete the Content entered on the Platform at any time via the Platform. The User whose membership has expired will not be able to access his/her account, except for the cases specified in Article 7.6.
3.17 If the User violates this Agreement, other terms and conditions within the scope of the Platform, and the statements and commitments within this scope, the Company will have the right to suspend the User's membership or terminate the User status by terminating the Agreement as stated below. In such a case, the Company reserves the right to claim damages arising from such non-compliance from the User.
3.18 The User agrees that he/she will not allow anyone else to use the private and confidential password, user name, user code and similar access information given to the User regarding the use of the services provided by this Service Agreement, and that all necessary precautions will be taken to prevent this information from falling into the hands of unauthorized persons and will remove the situation to ecataloger.com as soon as possible. undertakes to keep you informed. ecataloger.com is responsible for any damages that may occur if the private and confidential password, username, user code and similar access information given to the User within the scope of this Agreement or the GİB Portal / internet tax office passwords that the User already has are used by anyone else under any name. does not accept liability.
4. Payment Terms
4.1 The User will be able to benefit from the Application only if he pays the fees declared on the Platform in full and in accordance with the payment terms and means declared on the Platform.
4.2 The User will be able to use the Application without paying a fee for the period specified in the Platform. At the end of the trial period in question, the User's membership will become a paid membership, which will be determined according to its type, service level, functionality, campaigns or contract period. Application-related fees, payment terms, and effective dates of fees will be announced in the relevant sections of the Platform. The user will be able to upgrade or downgrade the membership package at his/her own discretion. Requests regarding this will be made at the end of the relevant membership period unless otherwise stipulated by the Company. Changes to be made in the fees and payment conditions for the membership package during the User's membership period will not be implemented until the end of the User's membership period, and the new fees and payment terms will be valid with the start of the new membership period. No refund will be made if the membership is terminated for any reason, including termination of the Agreement during the membership period.
4.3 Unless otherwise requested by the User 14 (fourteen) days before the end of the period, the User's membership will be automatically renewed at the end of each period.
4.4 If the User receives a prepaid service from the Application, the invoice is issued to the address specified when signing up, following the payment, and is shared with the User as an electronic invoice. If the User receives a post-paid service from the Application, the User will pay the relevant amount in the invoice within 7 (seven) days following the invoice date. The User is responsible for payment of taxes and duties on the relevant fees.
4.5 The Company or third parties approved by the Company may store the User's credit card, account and payment information in order to carry out updates regarding the User's membership and payment transactions and bank integration.
5. Intellectual Property Rights
5.1 All rights, title and interest on the Platform belong to the Company. Under this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the Platform. Nothing in the Agreement or other terms regarding the Platform can be interpreted as transferring the rights and interests regarding the Platform to the User. Within the scope of this Agreement, the User grants the Company the right to use, copy, transmit, store and backup its information and Content for other purposes related to the User's access to the Application, use of the Application and provision of services. The Company has the right to sublicense the Content to third party developers for the purpose of providing services.
5.2 The User does not have the right to copy, modify, reproduce, reverse engineer, decompile or otherwise access the source code of the software on the Site or create a work from the Platform in any way or for any reason. It is strictly prohibited to change the browser and content of the Platform in any way, or to provide links to or from the Platform without the express permission of the Company.
5.3 The User does not use the trade name, trademark, service mark, logo, domain name, etc. of the Company (or its affiliates) in any way. will not use it.
6. Limitation of Liability
6.1 The Application, software and other content within the scope of the Platform are provided "AS IS", and in this context, the Company has no responsibility or commitment regarding the accuracy, completeness and reliability of the Application, software and content. The User understands and accepts that the Company does not make any commitment regarding the relationship between the Content and other User data. The Company does not guarantee that the use of the Platform will be uninterrupted or error-free. Although the Company aims to have the Platform accessible and usable 24/7, it does not guarantee the functionality and accessibility of the systems that provide access to the Platform. The User accepts that access to the Platform may be blocked or interrupted from time to time. The Company is not responsible in any way for such blocking or interruptions.
6.2 Links may be provided through the Platform to other websites and/or portals, files or contents that are not under the control of the Company, and such links are not intended to support the website to which they are directed or the person operating it, nor do they constitute any kind of representation or warranty regarding the website or the information it contains, accepts and declares that the Company has no responsibility for the portals, websites, files and contents, services or products accessed through such links, or their contents.
6.3 The User accepts that access to and quality of the Applications and Applications offered through the Platform largely depends on the quality of the service provided by the relevant Internet Service Provider and that the Company has no responsibility for problems arising from the quality of such service.
6.4 The User is solely responsible for the content he uploads and the use of the Platform. The User agrees to indemnify the Company from all claims and demands (including litigation costs and attorney fees) that may be submitted by third parties regarding intellectual property violations, Content, and use of the Platform.
6.5 To the extent permitted by the applicable law, the Company shall not be liable for any direct, indirect, special, incidental or penal damages arising from the use of the Platform, including but not limited to items such as loss of profit, loss of goodwill and reputation, and expenses incurred for the supply of substitute products and services. will not be responsible for any damage. In addition, the Company further declares that it makes no warranties of any kind, express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose. In any case, the Company's liability under this Agreement will be limited to the amount paid by the User within the scope of the services subject to this Agreement until the date the relevant damage occurs.
7. Enforcement and Termination of the Agreement
7.1.1 All rights, title and interest on the Platform belong to the Company. Under this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable and non-exclusive license to use the Platform. Nothing in the Agreement or other terms regarding the Platform can be interpreted as transferring the rights and interests regarding the Platform to the User. Within the scope of this Agreement, the User grants the Company the right to use, copy, transmit, store and backup its information and Content for other purposes related to the User's access to the Application, use of the Application and provision of services. The Company has the right to sublicense the Content to third party developers for the purpose of providing services.
7.1.2 The User does not have the right to copy, modify, reproduce, reverse engineer, decompile or otherwise access the source code of the software on the Site or to create processed works from the Platform in any way or for any reason. It is strictly prohibited to change the browser and content of the Platform in any way, or to provide links to or from the Platform without the express permission of the Company.
7.1.3 The User does not use the trade name, trademark, service mark, logo, domain name, etc. of the Company (or its affiliates) in any way. will not use it.
7.2 Limitation of Liability
7.2.1 The Company has no responsibility or commitment regarding the accuracy, completeness and reliability of the Application, website, software and content within the scope of the Platform. The User understands and accepts that the Company does not make any commitment regarding the relationship between the Content and other User data. The Company does not guarantee that the use of the Platform will be uninterrupted or error-free. Although the Company aims to have the Platform accessible and usable 24/7, it does not guarantee the functionality and accessibility of the systems that provide access to the Platform. The User accepts that access to the Platform may be blocked or interrupted from time to time. The Company is not responsible in any way for such blocking or interruptions.
7.2.2 Links may be provided through the Platform to other websites and/or portals, files or content that are not under the control of the Company, and that such links are directed to support the website or the person operating it or do not make any kind of representation or warranty regarding the website or the information it contains. The Company accepts and declares that it does not bear any responsibility for the portals, websites, files and contents, services or products accessed through such links, or their contents.
7.2.3 The User accepts that access to the Applications and websites offered through the Platform and their quality largely depend on the quality of the service provided by the relevant Internet Service Provider and that the Company has no liability for problems arising from the quality of such service.
7.2.4 The User is solely responsible for the content he uploads and the use of the Platform. The User agrees to indemnify the Company from all claims and demands (including litigation costs and attorney fees) that may be submitted by third parties regarding intellectual property violations, Content, and use of the Platform.
7.2.5 To the extent permitted by the applicable law, the Company shall not be liable for any direct, indirect, special, incidental damages arising from the use of the Platform, including but not limited to items such as loss of profit, loss of goodwill and reputation, and expenses incurred for the supply of substitute products and services. will not be liable for punitive damages. In addition, the Company further declares that it makes no warranties of any kind, express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose. In any case, the Company's liability under this Agreement will be limited to the amount paid by the User within the scope of the services subject to this Agreement until the date the relevant damage occurs.
8. Miscellaneous Provisions
8.1 The invalidity, illegality or unenforceability of any provision of this Agreement or any statement contained in the Agreement will not affect the force and validity of the remaining provisions of the Agreement.
8.2 This Agreement is a whole with its annexes. In case of any conflict between the Agreement and its annexes, the provisions in the relevant annexes shall prevail.
8.3 The User will be contacted via the e-mail they provided when registering or through general information on the Platform. Communication via e-mail will replace written communication. It is the User's responsibility to keep his/her e-mail address updated and to regularly check the Platform for information.
8.4 All Turkish law that may arise from this Agreement and its annexes will be applied in the interpretation of this Agreement; Konya Central Courts and Enforcement Offices will be valid.
9. Commercial Electronic Message
9.1 The User can send commercial electronic messages in accordance with the relevant laws to announce general/special opportunities about the products and services offered to him by ecataloger and group companies, to be informed about current developments, to send congratulatory messages, to share contents such as presentations and newsletters, and to promote and advertise them. and other messages, contact information, identity information, marketing information are received for these purposes in order to carry out goods / service sales and advertising / campaign / promotion processes, and messages will be sent to you through the channel you prefer, you can change your communication preferences at any time or reject the messages you receive without giving any reason. He/she consents that he/she can stop the communication by rejecting the specified transaction and that commercial electronic messages and other messages will be sent to him/her via SMS/text message, automatic call, phone call, social media and online advertising networks, e-mail/mail and other electronic communication channels in accordance with the law.
10.Effectiveness
The member's registration for membership means that the member has read all the articles in the membership agreement and accepted the articles in the membership agreement. This Agreement has been concluded and entered into mutual force at the time the member becomes a member. Ecataloger may change the provisions of this agreement at any time, and the changes will be published on the site by specifying the version number and change date and will enter into force on the same date.
I HAVE READ, ACCEPTED AND APPROVED