MEMBERSHIP AGREEMENT
1. Parties to the Agreement:
This Agreement is made and entered into by and between:
a.) GÜNDÜZALP TEKSTİL İNŞ. SAN. ve TİC. LTD. ŞTİ., operating through the website www.giesto.com.tr and residing at "Mehmet Nezih Özmen Mah. Keresteciler Sit. Fatih Cad. Yüksek Sok. Sabri İş Hanı No:9 Kat:1 Merter/İSTANBUL", hereinafter referred to as "GIESTO" in this agreement, and
b.) The internet user who is a member of the website www.giesto.com and resides at the address provided by them on the membership page, hereinafter referred to as "Member" in this agreement, by mutual consent.
2. Subject of the Agreement:
This Agreement regulates the Member's benefit from the services offered by GIESTO, the products available for sale, and special privileges for members, from the website www.giesto.com, under the specified terms and fees.
3. Provisions of the Agreement:
3.1. No matter explicitly not undertaken in this agreement can be interpreted against GIESTO. Unless otherwise stated in writing by GIESTO, GIESTO shall have the right to demand the fees announced on the site for the products and services on the site.
3.2. This membership agreement does not impose any financial commitment or obligation on the Member. The Member shall only be liable to pay the costs of the products and services ordered from www.giesto.com and other related fees. No additional fee will be committed for membership.
3.3. The Member declares and undertakes that the personal and other information provided when becoming a member of the website www.giesto.com is true and accurate before the law, and that GIESTO shall be indemnified for all damages incurred due to the inaccuracy of this information.
3.4. The Member cannot give the password provided to them when becoming a member of the website www.giesto.com to other persons or organizations, the right to use the said password belongs exclusively to the Member. For this reason, GIESTO reserves all rights to compensation and other claims arising from such unauthorized use, against all claims and demands that may be brought against GIESTO by third parties or authorized authorities, and all responsibility that may arise from this.
3.5. The Member hereby accepts and undertakes to comply with legal regulations and not to violate them while benefiting from member-specific services on the www.giesto.com website. Otherwise, all legal and criminal liabilities that may arise shall entirely and exclusively bind the Member.
3.6. The Member may not use the www.giesto.com website and portal services in a way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an illegal purpose, infringes on the intellectual and copyright rights of others, may not offer the services they receive to third parties, and may not subject them to commercial activities such as leasing or selling. Furthermore, the Member may not engage in activities (spam, viruses, Trojan horses, etc.) and transactions that prevent or hinder others from using the services.
3.7. The ideas and opinions declared, written, and used by members on the www.giesto.com website are solely the personal views of the members and bind the owner of the opinion. These views and opinions have no relation or connection with GIESTO. GIESTO has no responsibility for damages that third parties may suffer due to the ideas and opinions declared by the member, and for damages that may arise from the acts and actions of third parties that the Customer may suffer during the use of the services.
3.8. GIESTO shall not be responsible for unauthorized reading of member data and for any damage that may occur to member software and data. The Member has accepted in advance not to demand compensation from GIESTO for any damage they may suffer due to the use of the www.giesto.com website and portal services.
3.9. The Member has agreed not to access or use the software and data of other internet users without authorization. Otherwise, the legal and criminal responsibilities arising from this belong entirely to the member.
3.10. A member who violates one or more of the articles listed in this membership agreement shall be personally liable criminally and legally for this violation and shall hold GIESTO harmless from the legal and criminal consequences of these violations. In addition, in the event that this violation leads to legal action, GIESTO reserves the right to claim compensation from the member for non-compliance with the membership agreement.
3.11. GIESTO always has the unilateral right to delete the member's membership, files, documents and information belonging to the customer when necessary. The member accepts this disposition in advance. In this case, no responsibility can be attributed to GIESTO.
3.12. GIESTO in no way guarantees or undertakes the accuracy, completeness, sufficiency, and up-to-dateness of any information on the www.giesto.com.tr website. The user cannot claim that the information and/or portal services on the website are erroneous or that they have suffered damage based on this information. GIESTO may always change, correct, and/or remove the said information and/or portal services without any prior notice and/or warning. GIESTO has taken all measures to ensure that the website and portal services are error-free. However, no guarantee is given regarding existing or potential errors on the site.
3.13. GIESTO, its board members, managers, employees, and those who prepared the information and/or portal services on this site cannot be held responsible for any direct and/or indirect, material and/or moral, negative and/or positive, in short, any kind of damage, under any name, arising from access to this www.giesto.com website, and direct or indirect use of the information and services on the site.
3.14. All materials and documents located on the www.giesto.com website, including but not limited to these, are exclusively owned by GIESTO, and the copyright and/or other intellectual and industrial property rights related to these materials and documents are protected by relevant laws, and these materials and documents cannot be used, acquired, or modified by the member without permission. Other companies and their products mentioned on this website are trademarks of their owners and are also protected under intellectual property rights.
3.15. Materials and documents on the www.giesto.com website cannot be modified, copied, reproduced, or republished by the member under any circumstances.
3.16. For the purpose of improving and developing the www.giesto.com website by GIESTO and/or within the framework of legal regulations, certain information may be collected, such as the name of the Internet service provider used to access the site and the Internet Protocol (IP) address, the date and time of access to the site, the pages accessed while on the site, and the Internet address of the website that directly provided the connection to the site.
3.17. GIESTO may use members' personal information in studies aimed at providing better service to its users, improving its products and services, facilitating the use of the site, and tailoring its use to users' specific preferences and interests. GIESTO reserves the right to keep a record of the Member's actions on the www.giesto.com.tr website while receiving portal services.
3.18. GIESTO may disclose the member's personal information when required by legal obligation or when GIESTO, in good faith, believes it is necessary to act in accordance with constitutional requirements or to comply with legal processes served on GIESTO or the GIESTO site, and to protect and defend the rights and property of GIESTO and the GIESTO website family.
3.19. Measures have been taken within the available possibilities to ensure that the GIESTO website is free of viruses and similar malicious software. In addition, to ensure ultimate security, the user must provide their own virus protection system and ensure the necessary protection. In this context, by entering the GIESTO website, the member is deemed to have accepted that they are responsible for all errors that may occur in their own software and operating systems and their direct or indirect consequences.
3.20. GIESTO reserves the right to change the content of the site, modify or terminate any service provided to users, or delete user information and data registered on the GIESTO website, remove products, or withdraw them from sale at any time.
3.21. GIESTO may change, update, or cancel the terms of the membership agreement at any time, without any prior notice and/or warning. Every provision that is changed, updated, or repealed will be effective for all members on the date of publication.
3.22. The parties accept and declare that all computer records belonging to GIESTO shall be taken as the sole and true exclusive evidence, in accordance with Article 193 of the HMK, and that the said records constitute an evidence agreement.
4. Duration and Termination of the Agreement:
This agreement enters into force upon the Member's declaration of acceptance. While GIESTO is deemed to have accepted the agreement by presenting it to the Member, agreements not approved by the Member cannot be used against GIESTO.
This agreement shall remain in force until the member cancels their membership or their membership is canceled by GIESTO. GIESTO may unilaterally terminate the agreement by canceling the member's membership if the member violates any provision of the membership agreement.
5. Resolution of Disputes:
In disputes regarding this agreement, complaints and objections will be made to the consumer arbitration committee or consumer court at the consumer's place of residence or where the consumer transaction was made, within the monetary limits specified in the law.
6. Effectiveness:
The Member's registration for membership means that the member has read all articles in the membership agreement and accepts the articles in the membership agreement. This Agreement has been concluded at the time of the member's membership and has entered into force mutually. Electronic approval by the member is sufficient, and the member's signature will not be required.
The end-user customer consents to the transfer of information regarding their payment method, membership, and order to iyzico Ödeme Hizmetleri A.Ş. for the purpose of facilitating payment and preventing, investigating, and detecting payment irregularities, and to its processing and storage by iyzico as described in the most current version of the Privacy Policy at https://www.iyzico.com/gizlilik-politikasi.