AND MEMBERSHIP CONTRACT
The services provided in this "WEBSITE" are provided by CMA Uluslararası Tic A.Ş. (hereinafter referred to as "Company") and the Company is the legal owner of the "WEBSITE" and all rights of use and disposal on the "WEBSITE" belong to the Company. The web pages at www.intdealers.com are owned and operated by the Company. While using all the services provided in the “WEBSITE”, you (User/Member) are assumed to have accepted to be subject to the following terms, and by benefiting from the services in the “WEBSITE” and by continuing using these services, you are assumed to acknowledge that you have the right, authority and legal competence to sign contract under the laws that you are bound by and you are aged over 18 and that you have read and understood this contract and are bound by the terms written in the contract.
This contract sets out the rights and obligations of the parties with respect to the contractual "WEBSITE" and states that the parties will fulfil the rights and obligations stated in the contract in full, correct, timely and in accordance with the conditions demanded by this contract.
DEFINITIONS OF CONTRACT
It is a website that is accessible from the online environment where various services and contents are provided within the framework determined by www.intdealers.com.
CMA Uluslararası Tic. A.Ş., it is the legal entity that operates the "WEBSITE" by putting it into service for members and users.
A Member is any natural or legal person accepted by www.intdealers.com, who wishes to make use of his / her business venture, and whose membership is approved by www.intdealers.com by filling out the membership form which s/he selects. They will be referred to briefly as Members. Individuals who pass 18 years old can become members by filling out the relevant membership form in the "WEBSITE" with their real identity information. Person authorized to represent and bind a legal person and who pass 18 years old can become a member by filling out the relevant membership form on "WEBSITE" with legal information of Companies (Individuals and Partners), Collective Enterprises, Ordinary Limited Companies, Partnerships Limited by Shares, Limited Liability Companies, Joint Stock Companies, Cooperatives and other institutions wishing to become a member and can perform transactions on behalf of their institutions. The member name is unique to the member and the same member name is not given to two different members.
The user is a natural or legal person who visits and uses the www.intdealers.com website but has not yet completed the membership process.
It is a link accessible through the "WEBSITE" to another website, file, content, or from other website to "WEBSITE", file and content.
Content is any kind of information, files, pictures, programs, figures, prices, etc. visual, literary and auditory images that are published or accessible in "WEBSITE" and / or on any web site.
It is a contract made between the natural and / or legal entities benefiting from the commercial and personal quality services offered through the "SITE" and CMA Uluslararası Tic AŞ in electronic form.
It is a database belonging to CMA International Trade Inc. and protected by the Law on Intellectual and Artistic Works numbered 5846 where the contents accessed within the "SITE" can be stored, classified, queried and accessed.
The information includes the identity, address, e-mail address, telephone number, IP address, the part of "SITE" visited, domain type, browser type, visit date, time etc.
PERSONAL DATA PROTECTION LAW:
Law No. 6698, adopted on 24.03.2016 and published in the Official Gazette on 07.04.2016.
1. SUBJECT AND SCOPE OF "USER/MEMBERSHİP CONTRACT"
2. CONDITIONS FOR MEMBERSHIP
2.1. In order for natural persons to become members, it is necessary to be a minor and to fill out the whole and complete information required for membership.
2.2. For the membership of the legal persons, the documents showing the authority to represent and bind on behalf of the legal entity and all the documents required for membership are submitted (via email) with signature and seal.
2.4. www.intdealers.com can unilaterally cancel, terminate or temporarily suspend the Membership of Member at any time without any justification, without notice, without any other obligation such as compensation, penalties, etc., to enter into force immediately without prejudice to these Terms and Conditions of Membership and Membership Contract. In the event of a violation of the rules set for the "SITE" and creating a risk to the www.intdealers.com information security system, the membership is terminated, or the membership is temporarily suspended.
3. RIGHTS AND LIABILITIES OF THE PARTIES
3.1. RIGHTS AND LIABILITIES OF THE COMPANY
3.1.2. www.intdealers.com reserves the right to change the services and contents provided at the "WEBSITE", to hide the information and contents uploaded by members on the system to the access of third parties including "WEBSITE" users and delete them at any time. www.intdealers.com can use this right without notice and prejudice. Members are obliged to promptly perform any changes and / or amendments requested by the "WEBSITE". If changes and / or amendments are deemed necessary, the "WEBSITE" can directly perform them. Damages, legal and penal liabilities arising out of or in violation of the timely fulfilment of the requests for amendment and / or correction requested by the "WEBSITE" belong entirely to the members.
3.1.3. The "SITE" can provide links to other internet sites and / or portals, files or content owned and operated by non-self-controlled merchants, providers and other third parties through the web address www.intdealers.com. These links may be provided by the Members or for only the sake of simplicity of reference by the "WEBSITE", and do not carry any kind of authentication statement or guarantee to support the website or operator directed by the link or to the website or information contained therein. "WEBSITE" does not have any responsibility for the portals, internet sites, files and contents accessed through the links on the "WEBSITE", the services or products offered by the portals or internet sites or their contents accessed through these links.
3.1.5. The employees / managers of "WEBSITE" have no obligation to investigate and check the authenticity, trueness, and accuracy of the content provided by members and users.
3.1.7. Users and members accept that any files, information and documents that may be downloaded and / or shared on the site may not be free from viruses, worms, trojans, dialers, spam, spyware or any other malicious or harmful code or materials and the site does not guarantee on these subjects. It is the responsibility of the user and the member to ensure that all software and hardware requirements for the prevention of such malicious and damaging programs, codes or materials, the correctness of data entry and output, or the recovery of any missing data are met, maintained and updated. The "WEBSITE" is not responsible for any damages that the user and members or third parties may suffer due to such malicious programs, codes or materials, data inaccuracies or losses.
3.1.8. "WEBSITE" is not a party to any agreement between the members. “WEBSITE”’s responsibility is only; it is limited to bringing the members together on the Internet and the ”WEBSITE” cannot be held responsible for violations of the contractual and legal obligations of the parties.
3.1.9. "WEBSITE"; is not liable for any damages arising from the misrepresentation of the contract, the termination of the contract between the Members, the failure to fulfil any financial obligations between the Members, any fraudulent acts before, during or after the contract, the violation of any of the conditions between the members.
3.1.10. The owner of this website is CMA Uluslararası Tic. A.Ş.. This website is in the possession of the companies and organizations to which the Company has obtained permission and license for the information, text, pictures, trademarks, slogans and other marks and programs for the protection of other industrial and intellectual property rights. It is forbidden to partially or completely copy, modify, publish, send, distribute or sell online or by using any other media the information or any database, website, software code, html code and other codes related to site pages etc. and products, designs, audio-visual and other images, video clips, files, catalogues and lists provided in the site content.
3.2. RIGHTS AND LIABILITIES OF USERS/MEMBERS
3.2.2. If the User / Member is obliged to disclose to the public authorities in accordance with the provisions of the applicable legislation of the "WEBSITE", User//Member agrees and acknowledges that the website is authorized to disclose the confidential / private / commercial information of the User/Member to the official authorities and therefore User/Member shall not claim compensation under any name from the "WEBSITE". Apart from this, if the “WEBSITE” is informed that the rights of any person or institution are breached in connection with the advertisements placed by the User/Member on the “WEBSITE” and the issue will be transferred to the court; it may give the name-surname or trade name information provided by the User/Member to the relevant parties.
3.2.3. Members are solely responsible for the security of the user name and password that they use when registering on the "WEBSITE" Membership Account, and for their exclusive and independent use by third parties. The member is liable for any material and / or moral damages that other members and / or the "WEBSITE" and / or third parties may suffer due to negligence or faults in this matter.
3.2.4. The User / Member agrees and acknowledges that the information and contents provided by him / her in the "WEBSITE" are correct and legally valid and that the display of the related information and contents or the sale and display of the products related to these contents on the "WEBSITE" do not violate any law in accordance with the applicable legislation. Since the “WEBSITE” is not obliged and responsible to check the accuracy of the information and contents conveyed by the member or uploaded by the Member through the “WEBSITE”, it cannot be held responsible for any damage resulting from the wrongness or incorrectness of the information and contents or their publication.
3.2.6. The member may publish her/his advertisement for the duration of the announcement package, change the text of the advertisement published, remove the advertisement and keep the title of the user secret while giving the advertisement.
3.2.8. "WEBSITE" allows Users/Members to view the advertisements and use the interface of www.intdealers.com only with the aim of learning the contents of the relevant advertisements and thus, the attempt to reach a certain number or all of the advertisements via the database for a different purpose; copying the advertisements partially or totally; publishing, compiling, processing them, transferring them to other databases, opening them to the access and use of third parties in these databases and giving links to the advertisements published in www.intdealers.com and other similar acts are not allowed by the “WEBSITE”. Such acts are against the law; "WEBSITE" reserves the right to resort to the necessary criminal/legal claims, lawsuits and action.
3.2.9. The Member acknowledges and undertakes that there is no liability of "WEBSITE" for the defects in goods and services received from third parties, and that all the demands and responsibilities within the scope of the Turkish Commercial Code, Turkish Obligations Law and the Law on the Protection of the Consumer and other relevant legislation belong to the seller of the goods and services concerned, and that s/he omits the "WEBSITE" from all kinds of liabilities and obligations related to these issues.
3.2.10. The Member declares, accepts and undertakes that the company's name and logo shall be allowed to be shown / published / used in the references section of the WEBSITE and in all the digital, social and physical platforms of the WEBSITE, and shall not make any requests under the scope of the WEBSITE.
3.2.11. The User/Member agrees in advance that s/he will not try reverse engineering while using the "WEBSITE", or that s/he will not engage in any other process aimed at finding or obtaining the source code, and otherwise, s/he will be liable for damages incurred in the presence of third parties, and s/he accepts legal and criminal proceedings against him/her.
3.2.12. Member acknowledges that s/he shall not produce and share any content that is contrary to general moral and customs or law, harmful for third parties, misleading, aggressive, obscene, pornographic, violating personal rights, infringing copyright, provoking illegal activities in his / her activities in the "WEBSITE", in any part of the website or in his/her communications. Otherwise, s/he shall be completely responsible for the damages that occur and in this case the "WEBSITE" authorities reserve the rights to suspend, terminate, and initiate legal proceedings. For this reason, the judicial authorities reserve the right to share information about the activity or user accounts when it is needed to be shared.
3.2.13. This Contractual Service is a kind of service that is performed immediately for the customer on the electronic environment and it is not possible to return the service to the Customer due to the nature of service. In accordance with Article 15/ğ of the Regulation on Distance Agreements, the Client has not the right of withdrawal.
4. INFORMATION ON WEBSITE ADVERTISING PACKAGES
4.1. The purchase of advertisement right within the scope of the specified packages does not give the right to publish the advertisements in contradiction to the ethics, website rules and the legislation. User/Member agrees, declares and undertakes to comply with the obligations addressed in the articles 3.2.1. and 3.2.11. of this contract.
4.2. The advertisement packages purchased by the members will be valid for one year as of the date of purchase, and the packages not used until this date will be cancelled. The fees related to the advertisements that are not used by the members within the specified period and are thus cancelled will not be returned. The Members agree, declare and undertake to know the existence and validity of these conditions as of the effective date of the present contract.
4.3. The advertisement in question will be available in the “WEBSITE” until the end of the membership period and be automatically removed at the end of this period. Advertisement duration starts to run as of the first day of the publication and the advertisement is removed from the WEBSITE at the end of the duration specified in the advertisement package.
5. METHOD OF PAYMENT
5.1. The method of payment for all the services subject to the Membership Contract and the services to be provided as per the Article 4 is advance before the publication. The payments by wire transfer will be made to the bank account of CMA Uluslararası Tic. A.Ş. no. …….. (IBAN: TR………………) in the ……. Branch (Branch Code:………). If the payment is made by credit card, the annexed credit card form is filled up or the payment is made via the virtual pos system and the fee is withdrawn by the “WEBSITE” in a lump from the specified credit card.
5.2. The Member accepts in advance that the necessary passwords for the publication of the advertisement will not be sent before the fees are fully paid, the liability of the service as well as www.intdealers.com ends following the sending of the passwords, the advertisement right comes to an end if the advertisement is not published within 1 year and the fee is non-refundable.
5.3. The invoice of the payment will be issued in the name of the legal/natural person making the payment including the information related to the tax office and the tax number (Republic of Turkey ID and address info) and sent to the email address specified by the member. The invoice in question will be conveyed to the tax payer in electronic environment in e-invoice format and standard together with the printable image of the invoice. Within this scope, a hard copy of the invoice will not be sent. By singing the present contract, the client requests and declares the delivery of the e-archive invoice in question to himself/herself in electronic environment.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. All certified and non-certified intellectual property rights such as title, business name, trademark, patent, logo, design, information and method contained in this "WEBSITE" belong to the "WEBSITE" operator and company and are under the protection of national and international law. The right to visit the "WEBSITE" or use the services of this "WEBSITE" does not intitle any rights to such intellectual property rights.
6.2. "The information contained in the "WEBSITE" cannot be multiplied, published, copied, presented and / or transmitted in any way. All or any part of the "WEBSITE" cannot be used without permission on another internet site.
7. CONFIDENTIAL INFORMATION
7.1. The Company will not disclose the personal information transmitted by the users via the "WEBSITE" to the 3rd person. This personal information includes any other information for identifying the user, such as name, surname, address, phone number, mobile phone, e-mail address, and will be referred to as 'Confidential Information' for short.
7.2. The user/member accepts and declares that the company owning the “WEBSITE” can share his/her contact information, portfolio status and demographic information with its subsidiaries or affiliated companies while the use of this information is limited only to use within the scope of marketing activities such as promotion, advertisement, campaign, promotion. This personal information can be used within the Company to determine customer profiles, to provide promotions and campaigns in accordance with customer profile, and to conduct statistical studies.
7.3. Confidential Information can only be disclosed to the authorities if such information is requested by official authorities and if the disclosure to the authorities is mandatory pursuant to the provisions of the applicable statutory legislation.
8. DISCLAIMER OF GUARANTEE AND LIMITATION OF LIABILITY
"WEBSITE" shall not be liable for any direct or indirect damages incurred due to breach of contract, action in tort or any other reason for accessing www.intdealers.com, using the information contained herein and other data and programs, etc. "WEBSITE" does not accept any liability for the interruption of transaction, error, negligence or interruption in the event of breach of contract, tort, negligence or other reasons. This assumes that any liability that could be incurred by accessing www.intdealers.com or other linked websites is separated from all damages and claims, including court and other costs.
9. TRANSFER OF CONTRACT
"SITE" can transfer the present contract in whole or in part without notice when requested. However, the User / Member cannot transfer this contract or any part thereof to any other party. Such a transfer attempt is invalid.
10. REGISTRY AND SECURITY
The User/Member is obliged to provide the complete and updated registry information. Otherwise, it will be considered a violation of this contract, and the account might be closed without notification to the User/Member. The User himself/herself is responsible for the security of the passwords and accounts in the “WEBSITE” and the third-party websites. The firm cannot be held responsible for the data losses and security violations or the damages to the hardware and devices.
11. FORCE MAJEUR
Provided that the parties cannot perform their liabilities under this contract due to reasons they cannot control such as natural disasters, fire, explosions, civil wars, wars, uprisings, grassroots movements, declaration of mobilisation, strikes, lockouts, epidemics, infrastructure and internet breakdowns and power cuts, the parties are not held responsible for this failure. The rights and liabilities of the parties arising from this contract are suspended during this period of non-fulfilment.
12. INTEGRITY AND APPLICABILITY OF THE CONTRACT
If any one of the terms of the contract becomes invalid partially or fully, the rest of the contract will remain valid.
13. AMENDMENTS IN THE CONTRACT
The “WEBSITE” can amend the services provided in the website and the terms of the present contract partially or fully at any time. Amendments will be valid as of the date of publication in the website. Following the amendments is the responsibility of the User/Member. The user is assumed to have accepted the amendments by continuing benefiting from the services provided.
All notification to be made to the parties related to this Contract shall be made through the "WEBSITE" email address specified on www.intdealers.com and the email address of User / Member mentioned while concluding the contract. The user acknowledges that the address indicated by the user is the current address for the notification and, if it is changed, s/he shall notify the other party in writing within 5 days, otherwise the notification made to this address will be deemed valid.
15. EVIDENTIAL CONTRACT
The Company's books, records, documents and computer records and fax records shall be deemed evidence in accordance with the Code of Civil Procedure numbered 6100 in any dispute arising between the parties in connection with the proceedings relating to this contract and the User/Member agrees that s/he shall not contest these records.
16. SETTLEMENT OF DISPUTES
16.1 Any dispute arising out of or relating to this contract shall be finally settled by arbitration in accordance with the Arbitration Rules of the Istanbul Arbitration Centre.
16.2 Emergency Arbitration Rules are not applied. The place of arbitration is İstanbul, Turkey. Language of arbitration is Turkish. There will be 3 (three) arbitrators and the Turkish law will be applied for the merits of the dispute.
16.3. In case that the emerging dispute is not suitable for arbitration, the Turkish law will be applied to the merits of the dispute and İstanbul Central (Çağlayan) Courts and Enforcement Offices will be authorised.
16.4 In case that the provisions of the present contract are needed to be interpreted for any reason, they cannot be interpreted in a manner contradictory to the Competition Law.
17. EFFECTIVE DATE AND ACCEPTANCE
THIRD PARTY CLARIFICATION TEXT ON PROTECTION OF PERSONAL DATA
The purpose of this information on Protection and Processing of Personal Data is to fulfil the clarification liability introduced within the scope of Article 10 of the Law on Protection of Personal Data no. 6698 with regard to use of personal data obtained during usage of the web site: https://www.intdealers.com (“the WEBSITE”) administered by CMA Uluslararası Tic. A.Ş. in the capacity of data supervisor and/or personal data obtained from third parties within the framework of the objective that requires its processing.
“The WEBSITE” is an international dealership declaration platform that brings real and legal entities that intend to buy or sell a franchise. As stated in this Information text, personal data may be processed as a requirement of usage of “the WEBSITE” functions within the scope of this activity.
“The WEBSITE” may update and amend these Information provisions at any time by publishing them via the Portal. The updates and amendments made shall take effect as of the date of publication on “the WEBSITE”.
Within the scope of the clarification liability introduced by article 10 of the Law on Protection of Personal Data no. 6698:
1. Data Supervisor
As per Article 10/1-a of the Law on Protection of Personal Data, your personal data shall be collected and processed/may be processed by the data supervisor within the below-explained scope.
2. Personal Data
Personal data shall refer to any kind of information on the real person identity of whom is identified or identifiable.
3. The Purpose of Processing Personal Data
With this Information Text, information given by individual or corporate members shall be processed as per Law no. 6698 on Protection of Personal Data for the purposes of intracompany evaluation, managing customer satisfaction processes, communication, user registration, obtaining prospective member information, business development, customer portfolio management; managing promotion, analysis, complaint management, marketing, advertisement, research and invoicing process, event information, execution of operational activities, measurement and improvement of service quality, supervision, control, optimization, customer confirmation, marketing, sale, advertisement, post-sale services, and detection and prevention of fraud.
Personal information shared by members with “the WEBSITE” shall/may be processed in line with personal data processing conditions and objectives mentioned in Articles 5 and 6 of Law no. 6698.
4. Retention Period of Personal Data
“The WEBSITE” may retain personal data throughout the period of limitation specified in line with the relevant legislation on the condition of being limited to the purpose of execution of administrative and judicial processes within the scope of the dispute in the presence of such dispute that may arise from the Membership Contract.
5. People to whom and Purposes for which Processed Personal Data can be Conveyed
“The WEBSITE” may use the information it obtained from users with authorized bodies, organizations, entities as well as administrative and judicial bodies within the scope of legal obligations.
6. Our Precautions and Undertakings regarding Data Safety
“The WEBSITE” undertakes that it shall retain personal data securely, not disclose the personal data it has acquired to anyone else in violation of this Clarification and provisions of the Law on Protection of Personal Data no. 6698 and not use it except for processing purpose.
As per Law no. 6698 and by referring to the data supervisor, The Members shall have the right to:
a) Learn whether personal data about themselves has been processed or not,
b) Demand information in this regard if personal data about themselves has been processed,
c) Learn the purpose for processing of personal data about themselves and whether it is used properly,
d) Learn the third parties to whom their personal data about themselves has been conveyed within or outside of the country,
e) Demand its correction if personal data about themselves has been processed deficiently or inaccurately,
f) Request for deletion or removal of personal data about themselves within the scope of conditions provided for in Article 7 of the relevant law,
g) Request notification of third parties to which their personal data is conveyed about the procedures carried out about themselves in line with paragraphs (e) and (f),
h) Object to any result that may come up against themselves due to analysis of their personal data processed exclusively through automatic systems,
i) Demand indemnification of their loss in the event that they incur loss due to illegal processing of personal data about themselves.
In line with paragraph 1 of article 13 of the Law on Protection of Personal Data, you need to notify your requests to exercise your above-mentioned rights in writing. We request that you lodge your application via the website www.intdealers.com with documents proving your identity.