Information About the Membership Agreement:
This Membership Agreement sets forth the terms and conditions governing the services provided on the website www.ekmas.com.tr (the “SITE”), as well as the rights and obligations of the parties hereto.
1. PARTIES
This Membership Agreement (the “Agreement”) is entered into between EKMAŞ GIDA MAKİNALARI SAN. VE TİC. LTD. ŞTİ. (“EKMAŞ”) and the user or member (the “User” or “Member”) who accesses or uses the SITE. This Agreement becomes effective upon electronic acceptance by the User/Member.
2. TERMS OF USE
2.1 By accessing or using the SITE, Users and Members are deemed to have read, understood, and agreed to be bound by these terms and conditions.
2.2 The services available on the SITE are provided by EKMAŞ, located at Kağıthane Barbaros Cad. Şebnem Sokak No:10/A, Istanbul, Türkiye. EKMAŞ is the sole legal owner of the SITE and holds all rights of use, management, and disposition.
2.3 EKMAŞ reserves the right to amend this Agreement at any time. Any amendments shall become effective upon publication on the SITE.
2.4 Users and Members shall be deemed to have accepted such amendments in advance.
2.5 EKMAŞ reserves the right to modify, suspend, or discontinue any content, forms, or services available on the SITE at its sole discretion.
3. DEFINITIONS
3.1 SITE: The website located at www.ekmas.com.tr and operated by EKMAŞ.
3.2 MEMBER: Any natural or legal person who completes the membership process and whose membership is approved by EKMAŞ.
3.3 USER: Any individual who accesses or visits the SITE, whether or not such individual completes a purchase.
3.4 APPROVAL PROCESS: Activation of membership through verification via SMS or email.
3.5 LINK: Any connection enabling access between websites, content, or files.
3.6 CONTENT: All types of information, including but not limited to text, images, files, software, and pricing data available on the SITE.
3.7 AGREEMENT: This electronic contract concluded between EKMAŞ and Users/Members.
3.8 PERSONAL INFORMATION: Includes identity details, contact information, IP address, browsing data, and similar data.
4. SCOPE OF SERVICES
4.1 The services provided by EKMAŞ through the SITE primarily relate to electronic commerce and are subject to applicable consumer protection laws and regulations.
4.2 The primary service consists of the delivery of purchased products to the Member in proper condition and without defects within the shortest possible time, subject to stock availability and legal requirements.
4.3 EKMAŞ reserves the right to modify the scope and nature of its services at any time.
4.4 Users must meet the criteria specified on the SITE in order to benefit from the services.
5. GENERAL PROVISIONS
5.1 Users and Members represent and warrant that all information provided is accurate, complete, and up to date.
5.2 Users and Members agree to comply with all applicable laws and regulations.
5.3 Users and Members shall not use the SITE for unlawful purposes or in a manner that infringes the rights of third parties.
5.4 EKMAŞ shall not be liable for unauthorized access to or damage to user data.
5.5 EKMAŞ shall not be responsible for third-party links or content accessible through the SITE.
5.6 Users and Members shall be solely responsible for any damages arising from their actions.
5.7 All intellectual property rights related to the SITE and its content belong exclusively to EKMAŞ.
5.8 EKMAŞ may disclose user data where required by law or to protect its legal rights.
6. LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, EKMAŞ shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with the use of the SITE.
7. PRIVACY AND PERSONAL DATA
User data may be processed, stored, and used in accordance with applicable data protection laws for the purposes of service delivery, communication, and improvement.
8. ASSIGNMENT
EKMAŞ may assign or transfer this Agreement, in whole or in part, to third parties without prior notice.
9. TERMINATION
This Agreement shall remain in effect for as long as the membership continues. EKMAŞ reserves the right to terminate the Agreement in the event of a breach by the User or Member.
10. FORCE MAJEURE
EKMAŞ shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control.
11. APPLICABLE LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Türkiye, and the courts of Istanbul shall have exclusive jurisdiction.
12. EFFECTIVENESS
This Agreement becomes effective upon acceptance by the User or Member.