PARTIES 1.1. This membership agreement (“Membership Agreement”) has been executed between MEDEX ELECTRONIC COMMERCE AND SERVICES INC. (“MEDEX”), located at Halkalı Merkez, Dereboyu Cd. No:4, AntPlato Office No.70, 34303 Küçükçekmece, Istanbul, TURKEY, and the Member (“Member”), to determine the conditions under which the Member will benefit from the Services offered on MEDEX’s Website. 1.2. MEDEX and the Member will individually be referred to as “Party” and collectively as “Parties” within this Membership Agreement.
DEFINITIONS The Cookie Policy refers to the text that informs about the cookies used to ensure the functional operation of the Website, to improve the shopping experience of the Members, and to offer content suitable for the preferences and likes of the Members based on the information related to their visits to the Website, which can be accessed through the Website at https://medexsepeti.com/tr/about_web/pages/Gizlilik_ve_KVKK_Politikasi. The Privacy and Personal Data Protection Policy refers to the text that regulates MEDEX’s general privacy policy related to personal data, including how the personal data transmitted by the Members through the Website will be used by MEDEX and for what purposes, which can be accessed through the Website at https://medexsepeti.com/tr/about_web/pages/Gizlilik_ve_KVKK_Politikasi. My Account Page: Refers to the exclusive page accessible only by the Member using a username and password determined by the relevant Member, where the Member can perform the necessary transactions to benefit from various applications and Services on the Website, and enter their personal data and information requested on an application basis. MEDEX: Refers to MEDEX ELECTRONIC COMMERCE AND SERVICES INC. Service: Refers to the services and applications provided by MEDEX or a business partner determined by MEDEX to enable Members and Visitors to perform the operations defined within this Membership Agreement. Virtual Store: Refers to the virtual space allocated by MEDEX on its Website in accordance with MEDEX’s procedures and rules, where Sellers have the opportunity to publish advertisements consisting of content and visuals for the sale of one or more products and/or services. Seller: Refers to the legal/natural person member who has become a member of the Website within the scope of the Seller Partnership and Advertisement Agreement made with MEDEX and offers various products and/or services for sale through the advertisements published on the account created on the Website. Member: Refers to the natural person who has become a member of the Website within the scope of this Membership Agreement made with MEDEX and purchases the products and/or services offered for sale through the advertisements provided by the Seller on the Website. Website: Refers to the internet site with the domain name medexsepeti.com, mobile applications, and mobile site, which are owned by MEDEX and on which MEDEX offers the Services defined in this Agreement. Visitor: Refers to the natural person who uses the Website without being a Member and benefits from the Services.
SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT
3.1. MEDEX, which owns the Website, operates the Website and is an intermediary service provider according to the Law No. 6563 on the Regulation of Electronic Commerce. 3.2. According to the Membership Agreement, the Member wishes to become a member of the Website, benefit from the Services, and purchase the products and/or services sold by the Sellers in the Virtual Stores on this platform.
3.3. The purpose of this Membership Agreement is to determine the conditions for benefiting from the Services and accordingly, to establish the rights and obligations of the Parties. By accepting the Membership Agreement, the Member declares and undertakes to accept all declarations related to the Services that are and will be available on the Website, including usage, content, applications, and declarations directed towards Members.
3.4. To avoid any doubt, this Membership Agreement is solely between the Parties and covers the form and conditions related to the Services that are and will be available on the Website. The relationship between Members and Sellers does not fall within the scope of this Membership Agreement, and MEDEX is in no way responsible for the relationship between Members and Sellers. Members may seek their rights against Sellers in relation to transactions performed in the Virtual Store, primarily under the Law No. 6502 on Consumer Protection and other relevant legislation.
- RIGHTS AND OBLIGATIONS OF THE PARTIES 4.1. To acquire membership status, it is necessary to approve the Membership Agreement and fill in the requested information on the membership page with accurate and current details. Users who wish to become members must be at least 18 years old. A Member who does not provide accurate and current information when filling out the Membership Agreement is personally responsible for all damages that may arise from this reason.
4.2. In case of a dispute regarding to whom the membership rights and obligations belong, and if the concerned individuals make a request from MEDEX, MEDEX has the right to act by accepting that the last person who made a payment to MEDEX for any Service using the relevant Membership account is the owner of the Membership account.
4.3. Since MEDEX is not the seller of any product or service on its Website and is only an “intermediary service provider” according to the Law No. 6563 on the Regulation of Electronic Commerce and a “hosting provider” according to the Law No. 5651 on the Regulation of Publications Made in the Internet Environment and Combating Crimes Committed Through These Publications; it has no responsibility for the content not published by itself on the Website and has no obligation to check whether the content is lawful. Although MEDEX has no such obligation, it reserves the right, at its sole discretion, to check the content at any time and, if deemed necessary, to restrict access to or delete it. Individuals who violate the rights of MEDEX or third parties with any visual, written, or other content published on the Website are responsible to MEDEX and/or the said third parties. The member is responsible for any financial, legal, or criminal liabilities incurred due to this violation.
4.4. The Member acknowledges and declares that in any purchases made from a Seller on the Website, the Seller is the seller party and the Member is the buyer party in the distance sales contracts to be executed; MEDEX is not a party to the mentioned distance sales contract relationship; therefore, only the Seller is personally responsible to the Member in every sense under the current consumer law legislation and other relevant legislation. In this context, the Member accepts and declares that only the Seller is responsible for the quality of all products displayed and sold in the Virtual Store, their compliance with legislation, the provision of warranty certificates, invoicing, delivery of other necessary documents, and services such as after-sales service and timely delivery of products.
4.5. The Member accepts and declares that in the transactions and correspondence carried out on the Website, they will act in accordance with the provisions of this Membership Agreement, all conditions specified on the Website, current legislation, and moral rules. The Member is legally responsible for the transactions and actions performed within the Website.
4.6. MEDEX may share the Member’s information, which it possesses, with the relevant authorities upon their request in accordance with the current legislation, and if necessary under the Law No. 6698 on the Protection of Personal Data, by informing the Member beforehand and always subject to the rules of data transfer.
4.7. Personal data collected from Members during membership registration and/or shopping on the Website may be transmitted to other Members and/or Sellers who may be parties to disputes arising from issues such as fraud, deception, misuse of the Website, and crimes that could be constituted under the Turkish Commercial Code No. 6100, but only limited to the requested subject and if necessary under the Law No. 6698 on the Protection of Personal Data, by informing the relevant person beforehand and always subject to the rules of data transfer, for the purpose of enabling the parties to exercise their legal rights.
4.8. The username and password information required by the Member to access their My Account Page and to perform transactions on the Website are created by the Member, and the security and confidentiality of this information are entirely the responsibility of the Member. The Member accepts, declares, and undertakes that the transactions performed with their username and password are carried out by themselves, that they are pre-emptively responsible for the responsibilities arising from these transactions, and that they cannot put forward any defense or objection that they did not perform such transactions and/or will not avoid fulfilling their obligations based on such defense or objection.
4.9. The Member will not use the Website in an unlawful or immoral manner, including but not limited to the following cases: 4.9.1. Using the Website to create a database, record, or directory on behalf of any person; 4.9.2. Using the Website to corrupt, alter, or reverse engineer the whole or a part of it; 4.9.3. Conducting transactions using false information or another person’s information, creating fictitious Membership accounts by using false or misleading personal data including residence address, email address, contact, payment, or account information, and using these accounts contrary to the Membership Agreement or current legislation, unauthorized use of another Member’s account, participating in transactions under a false name or impersonating someone else; 4.9.4. Using the comment and rating systems for purposes other than those intended, such as publishing comments on the Website externally or manipulating the systems; 4.9.5. Spreading viruses or any other harmful technology that may damage the Website, its database, or any content on the Website; 4.9.6. Collecting any information about Members or Sellers, including email addresses, without their permission, or engaging in other practices that would constitute a violation under the Law No. 6698 on the Protection of Personal Data; 4.9.7. Engaging in activities that create unreasonable or disproportionately large loads on the communications and technical systems determined by the Website or that may harm the technical operation, using “screen scraping” software or systems such as automatic programs, robots, web crawlers, spiders, data mining, and data crawling on the Website without the prior written permission of MEDEX, and unauthorized copying, publishing, or using any content on the Website, in whole or in part; 4.9.8. Using the Services, campaigns, and advantages offered on the Website with malicious intent and for the purpose of gaining unfair benefit.
5. TERMINATION OF THE AGREEMENT 5.1. Either party may unilaterally terminate this Membership Agreement at any time without compensation. In such a case of termination, the parties shall fully perform their rights and obligations that have arisen until the date of termination.
5.2. MEDEX has the right to suspend membership, terminate, sue, and follow up if it detects or has reasonable suspicion that a Member has violated any article of this Membership Agreement. If such a violation results in damage, the member who committed the violation will be responsible for remedying the damage.
6. PRIVACY AND PROTECTION OF PERSONAL DATA
6.1. As a Website, MEDEX values processing the personal data provided by the Member through the Website for the use of Services offered on the Website, ensuring its security and protection in compliance with all legislation, including the Personal Data Protection Law No. 6698. In this context, MEDEX collects, uses, transfers, and processes the personal data provided by the Member in accordance with the Privacy and Personal Data Protection Policy and the Cookie Policy available on the Website. The Member understands that they can always review the Privacy and Personal Data Protection Policy on the Website for more information about the conditions and their rights regarding the use of their personal data and can use the methods specified in the Application Form available on the Website or by sending an email to teknik@medexsepeti.com as stated there.
6.2. Personal data shared by the Member on the Website to create Membership or to benefit from the Website; are collected, stored, and processed by MEDEX or its business partners in accordance with the Privacy and Personal Data Protection Policy and the Cookie Policy for the performance of obligations defined in the Membership Agreement, the operation of the Website, providing various advantages to the Member or Visitor, conducting payment transactions, delivering orders, customer service and complaint tracking, and for the purpose of sending the Member special advertising, sales, marketing, surveys, and all kinds of electronic communication related to profiling, statistical studies. Furthermore, these personal data will be shared with MEDEX’s business partners for the purpose of contacting the Member to offer special advantages, sales, marketing, and similar activities, provided that the obligations arising from the Personal Data Protection Law No. 6698 and other relevant legislation are fulfilled.
7. INTELLECTUAL PROPERTY RIGHTS The medexsepeti.com website, its brand and logo, the design, software, domain name of the medexsepeti.com mobile application, and all kinds of brands, designs, logos, commercial presentation styles, slogans, and all other content created by MEDEX related to them are the property of MEDEX with all intellectual property rights. The Member cannot use, share, distribute, display, reproduce, or create derivative works of the intellectual property rights owned by MEDEX or its affiliated companies without the permission of MEDEX. The Member cannot use the whole or any part of the medexsepeti.com mobile application or Website in another medium without the permission of MEDEX. If the Member acts in a way that violates the intellectual property rights of third parties or MEDEX, the Member is liable to compensate for all direct and indirect damages and expenses of MEDEX and/or the said third party
CHANGES TO THE AGREEMENT MEDEX, at its sole discretion, may unilaterally change this Membership Agreement and any policy, provision, and condition on the Website, including the Privacy and Personal Data Protection Policy and Cookie Policy, at any time it deems appropriate, provided that it does not contradict the provisions of the current legislation, by announcing it on the Website. The amended provisions of this Membership Agreement will become effective on the date they are announced on the Website, and the remaining provisions will remain in effect and continue to produce their effects. To avoid any doubt, this Membership Agreement cannot be unilaterally changed by the Member.
FORCE MAJEURE Events such as insurrection, embargo, government intervention, rebellion, occupation, war, mobilization, strikes, lockouts, labor-employer disputes, including worker actions or boycotts, cyber attacks, communication problems, infrastructure and internet failures, system-related improvement or renovation works and the malfunctions that may occur due to this reason, power outages, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disasters, or other events (“Force Majeure”) that occur beyond MEDEX’s control, not resulting from its fault and cannot be reasonably foreseen, if they prevent or delay the performance of MEDEX’s obligations arising from this Membership Agreement, MEDEX cannot be held responsible for the obligations that are prevented or delayed as a result of Force Majeure and this situation cannot be considered a breach of this Membership Agreement.
MISCELLANEOUS PROVISIONS 10.1. Evidence Agreement: The Member agrees that in disputes arising from this Membership Agreement, MEDEX’s official books and commercial records, and e-archive records, electronic information, electronic correspondence, and computer records kept in MEDEX’s database and servers will constitute binding, definitive, and exclusive evidence, and this article is an evidence agreement within the meaning of Article 193 of the Law No. 6100 on Civil Procedures. 10.2. Applicable Law and Resolution of Disputes: This Membership Agreement will be exclusively subject to the laws of the Republic of Turkey. Any dispute arising from or related to this Membership Agreement will be under the exclusive jurisdiction of the Central (Çağlayan) Courts and Enforcement Offices of Istanbul. 10.3. Notification: MEDEX, which has the Website, will communicate with the Member via the email address provided by the Member during registration or by making calls and sending SMS to the phone number. The Member is obliged to keep their email address and phone number up to date.
10.4. Integrity and Severability of the Membership Agreement: This Membership Agreement constitutes the entire agreement between the Parties regarding the subject matter. If any provision of this Membership Agreement is determined to be wholly or partly invalid or unenforceable by any competent court, arbitration panel, or administrative authority, or deemed unreasonable, this Membership Agreement will be considered severable to the extent of such invalidity, unenforceability, or unreasonableness, and the remaining provisions will continue to be in full force and effect.
10.5. Transfer of the Membership Agreement: The Member may not assign, in whole or in part, their rights or obligations under this Membership Agreement without the prior written consent of MEDEX.
10.6. Amendment and Waiver: The failure of either Party to exercise any right granted to them under the Membership Agreement or to enforce any provision of the Membership Agreement shall not be construed as a waiver of such right or provision, nor will it prevent the right from being exercised or the provision from being enforced at a later time.
10.7. Notices: All notifications related to this Agreement will be made via the known email address of the Company and the email address specified by the user in the membership form. The user acknowledges that the address specified during membership registration is the valid notification address, and if it changes, they will inform the other party in writing within 5 days; otherwise, notifications made to this address will be considered valid.