1. PARTIES AND SUBJECT
- Owner of www.panayirgourmet.com, www.panayir.com.tr, heptaze365.com e-commerce platforms and Barbaros Mah. Ardıç St. Panayır Gurme Gıda Sanayi ve Ticaret Ltd Şti. located at No: 5/U/5 Batı Ataşehir İSTANBUL. (From now on “Panayır Gourmet” or "Company" referred to as)
- Website users who become members of these websites and mobile applications by accepting the following terms or users who become members from applications installed on mobile devices (hereinafter: "Member" referred to as),
- Panayır Gourmet and the Member enter into this Membership Agreement together (hereinafter "Sides" referred to as)
- This Membership Agreement (hereinafter "Agreement" referred to as)
This Membership Agreement has been concluded to determine the conditions for the Member to benefit from the Services offered by Panayır Gourmet.
Site: refers to the websites located at www.panayirgourmet.com, www.panayir.com.tr.
Mobile Application: Refers to Panayır Gourmet mobile device applications.
Member: Refers to real and/or legal persons who purchase products and/or services from the Site and Mobile Applications.
My Membership Information, My Account and Profile Pages: The Member can perform the necessary transactions to benefit from various applications and Services on the Site and Mobile Applications, and enters his/her personal information and information requested on an application basis, using only the username and password determined by the relevant Member. It refers to the Member-specific page that can be accessed via .
Services: It refers to the practices put forward by Panayır Gourmet in order to enable the Member to carry out the works and transactions defined in this Membership Agreement.
RIGHTS AND OBLIGATIONS OF THE THIRD PARTIES
3.1 In order to gain membership status, the user who wants to become a Member must approve this Membership Agreement on the Site and Mobile Application and fill in the information requested here with accurate and up-to-date information . It must be evaluated and approved by. The membership relationship is established by the Member clicking the box regarding acceptance of this Agreement and informing Panayır Gourmet of his/her unique password. The user who wants to become a member must be over 18 (eighteen) years of age. Once the approval process is completed and notified to the Member, the Membership status begins and the Member thus gains the rights and obligations specified in this Membership Agreement and in the relevant parts of the Site and Applications. The Member who does not provide accurate and up-to-date information when filling out the Membership Agreement in question is personally responsible for all damages that may arise for this reason.
3.2. If there is a dispute as to which person the Membership rights and obligations belong to, and if such persons make a request from Panayır Gourmet in this regard, we accept that the last person who made a payment to Panayır Gourmet for any Service using the relevant Membership account is the owner of the Membership account, will act accordingly.
3.3. The username and password information and membership profile that the Member needs to access the My Account Page and perform transactions through the Site and Mobile Application are created by the Member and cannot be transferred to another user or allowed to be used by third parties. The security and confidentiality of such information is entirely the responsibility of the Member. The member acknowledges that the accounts that allow the use of his personal profile, the transactions carried out with his username and password have been carried out by him, that the responsibility arising from these transactions belongs to him in advance, and that he cannot make any defense and/or objection that he did not carry out the works and transactions carried out in this way. It accepts, declares and undertakes that it cannot claim and/or refrain from fulfilling its obligations based on this defense or objection. The Member will be solely responsible for any damages incurred by the Member and/or third parties due to the use, loss or change of hands of the Member's account, username and password information by a person other than the Member.
3.4. The Member declares that he/she accepts that he/she will act in accordance with the provisions of this Membership Agreement, all conditions specified in the Site and Mobile Applications, the applicable legislation and the rules of ethics in the transactions and correspondence he/she carries out on the Site and Mobile Application. The Member's legal and criminal liability for the transactions and actions he carries out within the Site and Mobile Application belongs to him.
3.5. Panayır Gourmet may share the Member's information with the authorities upon request by the competent authorities in accordance with the legislation in force.
3.6. Panayır Gourmet may reject Member applications at its sole discretion and without relying on any reason, or may subject the acceptance of Member application to additional terms and conditions.
3.7. The Member will not use the Site and Mobile Applications in an unlawful and immoral manner, especially in the cases listed below.
- The Site and Mobile Applications will not be used to create, control, update or change a database, record or guide on behalf of any person.
- It will not be used to disrupt, modify or reverse engineer the whole or part of the Site and Mobile Applications.
- Performing transactions using false information or another person's information, creating unreal Membership accounts by using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information, and using these accounts in accordance with the Membership Agreement or the applicable It will not be used for the purpose of using it contrary to legislation, unauthorized use of another Member's account, impersonating someone else or becoming a party or participant in transactions under a false name.
- It will not be used to spread viruses or any other harmful technology to the Site and Mobile Applications, the database of the Site and Mobile Applications, or any content on the Site and Mobile Applications.
- Engaging in activities that will create unreasonable or disproportionately large loads on the communications and technical systems determined by the Site and Mobile Applications or that will damage the technical operation, automatic programs, robots, web sites on the Site and Mobile Applications without the prior written consent of Panayır Gourmet. Using "screen scraping" software or systems such as crawler, spider, data mining and data crawling, and thus unauthorized copying, publication or use of all or part of any content on the Site and Mobile Applications will not be used for this purpose.
- It will not be used in a way that disrupts public order, violates public morality, disturbs or harasses others, for an unlawful purpose, or in a way that infringes on the intellectual and copyright rights of others.
- In addition, the member will not engage in activities (spam, viruses, trojan horses, etc.) or actions that prevent or make it difficult for others to use the services.
3.8. Member's Site and Mobile Applications 3.7. Panayır Gourmet has the right to prevent the Member from using the whole and/or part of the Site and Mobile Applications partially and/or completely if the Member uses it contrary to any article of this Agreement, especially the article.
3.9. The Member is obliged to carry out the transactions made on the Site and Mobile Applications in a way that does not cause any financial harm to Panayır Gourmet or any technical harm to the Site and Mobile Applications. Any program, virus, software, unlicensed product, trojan horse, etc. that may harm the Member, Site and Mobile Applications. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products to prevent it from occurring. The Member also agrees that he/she will not access the Account Page using robot or automatic login methods.
3.10. The member agrees not to access or use other users' software and data without permission. Otherwise, the legal and criminal responsibilities arising from this belong entirely to the member.
3.12. Panayır Gourmet, as a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay of transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry into records, modification or use. Panayır Gourmet is not responsible for the content of links or references or other links they contain on other websites and mobile applications that are not under its control.
3.13. The name and Internet Protocol (IP) address of the internet service provider used by users to access the Site and Mobile Applications in order to detect and eliminate problems that may occur in the system related to the Site and Mobile Applications, and to improve and develop the Site and Mobile Applications and the system, Some information may be collected, such as the date and time the Site and Mobile Applications were accessed, the pages accessed while on the Site and Mobile Applications, and the internet address of the website that allows direct connection to the Site and Mobile Applications.
3.14. Panayır Gourmet has taken precautions within the available means to ensure that the Site and Mobile Applications are free of viruses and similar software. In addition, in order to ensure ultimate security, the user must supply his own virus protection system and provide the necessary protection. In this context, by entering the Site and Mobile Applications, the user is deemed to have accepted that he/she is responsible for all errors that may occur in his/her software and operating systems and their direct or indirect consequences.
4. PRIVACY AND PROTECTION OF PERSONAL DATA
4.2. By using the Services and/or creating an account, the Member expressly and freely consents to the processing and transfer of his personal data as specified in the Policies and Information Text. For more information about the conditions regarding the use of personal data and your rights in this regard, www.panayirgourmet.com You can review our texts at the link.
4.3. It is assumed that the information provided to Panayır Gourmet by the Member during the membership phase is accurate and true. If the information provided during the membership phase changes, the Member is obliged to notify Panayır Gourmet of the new and updated information.
4.4. Personal data declared by the Member on the Site and Mobile Applications, obtained within the scope of the purchase-sale relationship as a party to this Agreement and consented to be shared; Fulfillment of the obligations determined by this Membership Agreement, execution of the applications required for the operation of the Site and Mobile Applications, provision of various advantages for the Member and special campaigns, promotions, advertisements, launches, promotions, invitations, openings, opportunities, news, bulletins for the Member. It is processed by Panayır Gourmet or its business partners in accordance with the Personal Data Protection and Processing Policy and Information Text for the purpose of sales, marketing, surveys, all kinds of electronic communication for similar purposes, profiling and statistical studies, and may be shared with third parties based on our contractual relations. .
4.5 Panayır Gourmet, in accordance with this membership agreement, has the authority to send informational e-mails to the e-mail addresses registered with it and informative SMSs to the mobile phones of its members. will be deemed to have accepted it. The Member reserves the right to request the suspension of sending commercial electronic messages to him/her.
4.6. The Member accepts and declares that he/she consents to the use and storage of his/her personal data by Panayır Gourmet. Panayır Gourmet, personal data in question Law No. 6698 on the Protection of Personal Data, art. In accordance with Article 12, all necessary measures will be taken to ensure safe storage and to prevent unauthorized access and unlawful data processing. On member personal data, Personal Data Protection Law No. 6698, art. 11 and has the right to change or update this data at any time.
5. INTELLECTUAL PROPERTY RIGHTS
The rights of "Panayır Gourmet" HepTaze365" brands and logos, www.panayirgourmet.com and www.panayir.com.tr websites, and all kinds of audio, visual, written materials and content on their mobile applications are reserved, unless otherwise stated. It belongs to Gourmet. Unauthorized use of the Member will be considered illegal use and legal action may be taken against those concerned by Panayır Gourmet. The general appearance and design of the Site and Mobile Applications and all information, pictures, Panayır Gourmet brand, the Site and Owner or owner of all materials, including the domain name, logo, icon, demonstrative, written, electronic, graphic or machine-readable technical data, computer software, applied sales system, business method and business model of the Mobile Applications, and related intellectual and industrial property rights. The licensee is Migors and is under legal protection. No material on the website, including code and software, can be changed, copied, reproduced, translated into another language, republished, or uploaded to another computer without prior permission and citing the source. may not be posted, transmitted, presented or distributed. The whole or part of the Site and Mobile Applications cannot be used on another website or mobile application without permission. Actions to the contrary require legal and criminal liability.
6. CONTRACT CHANGES
7. FORCE MAJEURE
The occurrence of situations that are beyond the control of the Parties, including but not limited to the following and that prevent and/or delay the Parties from fulfilling their obligations in this Agreement, will be considered as a force majeure situation.
- Natural events, natural disasters (fire, flood, epidemic, earthquake, flood, explosion, storm, migration, or other natural disaster)
- War (whether declared or not), civil war, terrorist acts, uprising, revolution, revolution, forcible takeover of state administration, insurrection, embargo, state intervention, rebellion, occupation, mobilization,
- Labor disputes, including industrial disputes, strikes, lockouts, blockades, slowdowns, labor actions or boycotts,
- Restrictions or actions, refusals or interventions made by official authorities,
- Technological reasons, cyber attack, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur due to this, power outage,
- Any administrative and/or judicial decision or similar actions that may prevent access to the Site
- or other events that occur beyond Panayır Gourmet's control, are not caused by its fault, and cannot be reasonably foreseen.
If Force Majeure prevents or delays Panayır Gourmet from fulfilling its obligations arising from this Membership Agreement, Panayır Gourmet cannot be held responsible for its obligations whose performance is prevented or delayed as a result of Force Majeure, and this cannot be considered a violation of this Membership Agreement.
8. TERMINATION OF THE CONTRACT
This agreement will remain in effect until the Member cancels his membership or his membership is canceled by Migors. If the member violates any provision of the membership agreement, Panayır Gourmet may unilaterally terminate the agreement by canceling the member's membership.
Panayır Gourmet will communicate with the Member via the e-mail address provided by the Member when registering or by calling and sending SMS to the phone number. The member is responsible for keeping their e-mail address and telephone number up to date.
10. OTHER PROVISIONS
The Member acknowledges that the official books and commercial records of Panayır Gourmet and the e-archive records, electronic information and computer records kept in the database and servers of the Site and Mobile Applications that may arise from this Membership Agreement will constitute binding, definitive and exclusive evidence and that this accepts that the article is in the nature of an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
The Member will not be able to assign his rights or obligations under this Membership Agreement in whole or in part without obtaining the prior written consent of Panayır Gourmet.
This Membership Agreement constitutes the entire agreement between the Parties regarding the subject. If any provision of this Membership Agreement is determined to be wholly or partially invalid, unenforceable or unreasonable by any competent court, arbitration tribunal or administrative authority, this Membership Agreement will be deemed severable to the extent of such invalidity, unenforceability or unreasonableness and Other provisions will remain in full force and effect.
Failure of a Party to exercise or enforce any right granted to it in the Membership Agreement will not mean that it has waived that right or will not prevent the subsequent use or enforcement of that right.
This Membership Agreement will be subject to the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement will be under the exclusive jurisdiction of Istanbul Consumer Arbitration Committees and Istanbul (Kartal) Courts and Enforcement Offices.
This Membership Agreement, consisting of 11 (ELEVEN) articles, has entered into force as of the moment it is approved by the Member, by reading and fully understanding each provision and approving it electronically.