Membership Agreement
ARTICLE 1 - PARTIES
1.1. SystemCloud User Agreement (hereinafter referred to as 'User Agreement'), consisting of this agreement and the annexes that are an integral part of the agreement, is concluded between SistemNOW Mehmet KONT and the User who is a member of the Site, for the purpose of the User becoming a member of the Site. and the User Agreement is issued immediately upon approval by the User in the electronic environment where the Site is located.
1.2. SistemCloud and the Member will be referred to individually as "Party" and jointly as "Parties" in this Membership Agreement. By becoming a member of the Site, you accept, declare and undertake that you have read the entire User Agreement, fully understood its content and approved all its provisions.
1.3. Definitions
SistemCloud: SistemNOW Mehmet KONT (SistemNOW Bilişim Hizmetleri Adil Mh. Yakuphan Cd. No29/5 Sultanbeyli – Istanbul)
Site: The website where SistemCloud provides services (www.SistemCloud.com) and iOS and Android applications belonging to SistemCloud
User: Natural or legal person who is a member of the Site and benefits from the Services offered on the Site under the conditions specified in this User Agreement
Buyer: User who purchases goods and/or services offered for sale by the Seller by using the Services offered on the Site
Seller: User who offers for sale to other Users the goods and/or services for which he/she is legally entitled and has the right and authority to dispose of the property, by using the Services offered on the Site p>
Site: The website consisting of the domain name www.SistemCloud.com and subdomains connected to this domain
ARTICLE 2- SUBJECT, PURPOSE AND SCOPE
2.1. SistemCloud operates the online electronic commerce environment named SistemCloud.com as an Intermediary Service Provider within the scope of Law No. 6563 on the Regulation of Electronic Commerce. Here again, within the scope of the relevant legislation, SistemCloud provides an electronic commerce environment for the economic and commercial activities of others. SistemCloud is a marketplace platform where users can access digital services that are allowed to be sold by legislation. www.SistemCloud.com is not the seller of any product or service on the website. In this context, it is not obliged to control the content provided by the members using the electronic environment they provide services and to investigate whether there is an illegal activity or situation regarding this content and the goods or services subject to the content. SistemCloud is not the owner or seller of the products or services listed on this site.
SistemCloud does not make any representation, warranty or commitment regarding the accuracy, quality, safety of the content provided by the User and the products or services offered for sale, or the legality of these products. The User expressly accepts that he/she cannot make any requests from SistemCloud in this regard.
2.2. Pursuant to this Membership Agreement, the User is entitled to managed by SistemCloud. By becoming a member of the electronic commerce platform named www.SistemCloud.com , you can sell products or services, add job postings and/or purchase products or services on this platform, depending on the User's status.
2.3. The purpose of this Membership Agreement, www.SistemCloud Providing the products or services that are allowed to be sold on .com by legislation and the services related to these products and determining the conditions for the User to benefit from these services and products offered and determining the rights and obligations of the Parties in this regard. With the acceptance of this Membership Agreement by the User, the User accepts all kinds of statements regarding the services, usage, contents, applications, the User and the users offered by SistemCloud, the Intermediary Service Provider that is and will be located on www.SistemCloud.com. declares and undertakes that it has done so.
2.4. It is worth noting that; This Membership Agreement only covers the situation between SistemCloud and the User. The relationship between Buyers and Sellers is not within the scope of this Agreement. SistemCloud is not responsible in any way for the relationship between the User and the Seller(s). Users will be able to seek their rights against Sellers within the framework of the legislation regarding the transactions they will carry out through the Virtual Marketplace.
2.5. SistemCloud provides a platform where sellers can offer their products and/or services for sale by creating their own content, and buyers can view many products and/or services in different categories and order what they want.
2.6. As SistemCloud, we do not provide any illegal or spam services. Every user visiting the site should be aware of this.
2.7. The Member must comply with the Terms of Use published on the site, "Selling on SystemCloud". and “Shopping on SystemCloud” accepts that the Seller and Buyer Rules, Privacy and Personal Data Protection Policy and framework agreements of the SistemCloud Secure Payment System under the title are an annex and an integral part of this Agreement.
ARTICLE 3 - DEFINITIONS
• Member:The Seller who wants to sell through the website www.SistemCloud.com domain, mobile site or mobile applications, or the Buyer who wants to buy the product and/or service announced by the Seller, real person trader or legal entity user.
• Buyer: Within the scope of the contract with SistemCloud www.SistemCloud.com’ a refers to the real person trader or legal entity member who is a member and purchases various products and/or services through the advertisements published by the Seller through the account created on this site.
• Seller: Member of www.SistemCloud.com within the scope of the contract with SistemCloud and www.SistemCloud.com .
• Privacy and Personal Data Protection Policy: Information on the website, mobile site or mobile applications of SistemCloud tells the Member which personal information will be collected, how and for what purpose the collected personal data will be processed and will be used etc. explaining the issues, regulating SistemCloud's general privacy policy regarding personal data and use of cookies and www.SistemCloud.com.
• My Profile Page: Member can perform the necessary transactions in order to benefit from various applications and Services on www.SistemCloud.com, enters his personal information and the information requested on an application basis, and only the relevant It refers to the Member's private page, which can be accessed with the username and password determined by the Member.
• Service: It refers to the applications put forward by SistemCloud in order to enable the Member to carry out the works and transactions defined in this Membership Agreement.
• Virtual Marketplace: SistemCloud's, www.SistemCloud.com< It refers to the virtual space provided to Sellers on /a> in accordance with the rules of SistemCloud, where Sellers have the opportunity to publish their advertisements consisting of content and images for the sale of one or more products and/or services.
• Ownership of www.SistemCloud.com Page: It provides the services specified in this Membership Agreement www.SistemCloud.com .
• Site orwww.SistemCloud.com: www.SistemCloud.com refers to the website/mobile website or the SistemCloud mobile application.
ARTICLE 4 - RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. In order to gain membership status, the user who wants to become a member must go to www. It is required to approve this Membership Agreement available at SistemleriCloud.com . The user who becomes a Member by approving this agreement will be deemed to have accepted all provisions of this agreement without reservation. In order to become a Member, the User must fill in the information requested on SistemCloud's site, ensuring accuracy and up-to-dateness. 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. In addition, SistemCloud may request some documents from the user when deemed necessary and may not initiate/suspend the membership until these documents are presented.
With the approval of this Membership Agreement, the Membership registration process is completed by confirming the activation e-mail that will be sent by the User/Users upon entering the required information into the relevant fields. This agreement is valid for all members. This contract; It will be valid for new members upon completion of the membership registration process and for existing members from the date it is published on the site. If any changes are made to this Membership Agreement, Members will be informed by an announcement on the Site, and if the new conditions are not accepted by existing members, members who do not accept them will have the right to request the deletion of their memberships. For this purpose, Members must send an e-mail to info@SistemCloud.com and stop using the Site immediately. Otherwise, they must comply with these conditions and become a party to this contract.
The Service offered by SistemCloud in accordance with the provisions of this Agreement is a service that is allowed to be used only by commercial companies, commercial enterprises and merchants who conduct transactions only for commercial and professional purposes; Natural person consumers who are outside this scope and who are not traders (not operating for commercial or professional purposes) are expressly prohibited from benefiting from the Service in accordance with this Agreement.
The Member acknowledges and agrees that creating a membership on the Site or performing any transaction is not within the scope of the prohibition set out in accordance with this article; is not a natural person consumer; You can only operate on the site for commercial/professional purposes; He/she accepts, declares and undertakes that none of his/her transactions on the site fall within the scope of consumer legislation and that he/she cannot make any requests from SistemCloud in accordance with this legislation.
4.2. The username and password information created by the Member is created solely by the Member, and the security and confidentiality of this information is entirely the responsibility of the Member. The member accepts, declares and undertakes that the transactions carried out with his username and password are carried out only by himself and that the responsibility arising from these transactions belongs to him in advance.
He cannot raise any defense and/or objection that he has not carried out the works and transactions carried out in this way and/or will not refrain from fulfilling his obligations based on this defense or objection, and that, due to such works and transactions, SistemleriCloud, other Members’ It accepts, declares and undertakes that it will compensate all damages suffered by ; and third parties.
4.3. Member, www.SistemCloud.com website, mobile applications and mobile site in its transactions and correspondence; With this Membership Agreement, he/she will act in accordance with the provisions of the Terms of Use on the site, all specified conditions and the applicable legislation and moral rules, will take the precautions required by the relevant legislation in the content uploaded by him/her through the site and that he/she is obliged to fulfill the procedures, understands these rules and conditions, and declares that he/she accepts it. The member's legal and criminal liability for every transaction and action he carries out within the www.SistemCloud.com website, mobile applications and mobile site belongs to him.
The Member expressly agrees to refrain from collecting and storing profiles, e-mails or other personal information of other SystemCloud users.
If the Member becomes a Seller by selling through the Site, the Seller; It is authorized to list and offer for sale all products or services to be published on the Site, that the services are carried out in accordance with all legislation, that the copyright of all services or intermediate contents constituting the services belongs to it, and that it has no right to publish, offer or sell on the internet. declares and accepts that there are no obstacles, that it is original, and that it complies with the qualifications specified in the announcement.
The Seller is obliged to provide clear, accurate and precise information, features and conditions regarding its products or services to be included on the Site; The information provided complies with legal conditions and will not violate the rights of third parties; SistemCloud has no obligation to examine this information and investigate its accuracy, and that it will include all content necessary for promotion, including brand, features and price information regarding the products, and that these contents are accurate and up-to-date, and all copyrights belong to it. that the contents will not violate any rights of third parties or legal entities in any way; has received the necessary permission and approval for the use of these contents; When he wants to sell any of the products defined in the catalog on the site, he declares and undertakes that the product he will sell will meet all the features and conditions specified in the catalog and that it will be exactly the same as the product he selected from the catalogue.
The Seller accepts, declares and undertakes that it will not sell its products on the Site at exorbitant prices well above market conditions and that it will act in accordance with the rules determined by the relevant ministries and administrative authorities, especially the Ministry of Commerce.
The Seller accepts, declares and undertakes that it will comply with the decisions of the Banking Regulation and Supervision Board regarding the installment and payment deferral limitations in accordance with the 7th paragraph of Article 26 of the Regulation on Bank Cards and Credit Cards and that it will sell the products in accordance with the decisions taken.
>Member/Seller is solely responsible before other Members and/or third parties and/or legal/administrative authorities for all matters specified in this article, and SistemCloud has no legal/criminal liability regarding these matters.
In case the Member/Seller acts contrary to its obligations specified in this article, SistemCloud reserves the right to terminate this Membership Agreement and other legal rights.
4.4. The Member accepts that SistemCloud is not responsible in any way for defects in the goods or services received from the Seller and that SistemCloud has already been released from any liability that may be attributed to SistemCloud within the scope of the relevant legislation. , declares and undertakes.
4.5. By accepting this Membership Agreement, the Member accepts the Terms of Use and all responsibilities against any infringements that may occur against the brand rights and technical structure of SistemCloud.
4.6. SystemCloud; cannot be held responsible for any damages that may arise from the use of www.SistemCloud.com, including direct, indirect or incidental damages, consequential damages and punitive damages.
SistemCloud is not responsible for any damage that may occur to the Member due to malicious software that may be uploaded to the Site by malicious third parties, despite the security measures taken by SistemCloud.
SistemCloud is not responsible for any data loss that may occur on the Site. For this reason, the Member accepts, declares and undertakes that he/she cannot submit any requests to SistemCloud.
4.7. The Member accepts that he/she is aware that the information of the Buyer and the Seller is not shared before the sales transaction in accordance with Article 3/3 of the Law No. 6563 on the Regulation of Electronic Commerce at SistemCloud and that he/she has no request in this regard. The member can communicate about the sales price of the product and/or service, the maturity difference arising from installment sales, delivery terms and payment conditions by using the site infrastructure.
4.8. The member will not be able to give or share the username and password determined by himself/herself to any other person or organization. Otherwise, this person will be personally responsible for all actions taken by this person. The right of use that the Member has with his/her membership in www.SistemCloud.com belongs only to him/her and cannot be transferred to others.
If any real person becomes a member of the Site on behalf of a legal person, that real person declares and guarantees that he/she is authorized to represent and bind the relevant legal person. Otherwise, the real person accepts, declares and undertakes to be personally responsible for the debts and obligations arising.
The legal entity Member accepts, declares and undertakes that all transactions carried out/to be carried out by the real person authorized to represent and bind him/her on the Site with the membership account are directly binding on him/her. If the legal person Member's authority to represent and bind the real person expires, he/she will immediately inform SystemCloud of the situation and share the username and passwords related to the membership with a new person whom he/she has authorized to represent and bind, and the membership account on the Site will be terminated by this authorized person. accepts, declares and undertakes to ensure its use. The legal entity Member accepts, declares and undertakes that he/she will be personally and exclusively responsible for all damages that may occur due to late or non-notification of his/her authority to SistemCloud and all transactions carried out by the person whose authority has expired. Legal entity Member, in case such a situation occurs and third parties make any claims to SistemCloud due to the situation in question, SistemCloud will bear all its damages pursuant to Article 12.1 of the Agreement. He accepts, declares and undertakes that he knows that he can recourse to him in accordance with article no.
4.9. Non-delivery/performance of products or services or non-payment of the purchased product price, manipulating prices or interfering with other users' listings, placing deceptive, misleading, incomplete or incorrect content, transferring the user account or name without the written consent of SistemCloud. Acts such as this will be considered a violation of this agreement. In this case, SistemCloud reserves the right to cancel the Member's membership, as well as all kinds of lawsuits and compensation rights due to damages incurred. In such cases, SistemCloud will have the right to make a deduction from the price paid by the Buyer for the Seller's product and not to pay the price.
4.10. If a transaction between sales transactions made by the Seller on the Site is considered suspicious by SistemCloud and/or any Member, bank, legal-administrative authority and/or any third party is notified regarding a sales transaction made by the Seller. In the event that a notification or complaint is received by SistemCloud, SystemCloud will pay the amount to which the Seller is entitled due to the said transaction until the dispute regarding the said transaction is resolved and/or until the legal process is completed and/or until it determines that the transaction is not suspicious. It will not be transferred to the Seller even if he/she has given it.
SistemCloud has the right to immediately cancel the transaction and suspend the membership if it detects that a transaction was carried out with a stolen credit card or that the transaction was used as a tool to commit a crime. SistemCloud reserves the right to apply to judicial authorities and seek compensation against these persons.
4.11. SistemCloud is not the seller of any product or service listed on www.SistemCloud.com. It is only an "intermediary service provider" in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and a "hosting provider" in accordance with the Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed through These Publications. For this reason, SistemCloud will not be responsible for the authenticity, reliability, accuracy or legality of any visual, written or other content included in the Virtual Marketplace and not published by it. Likewise, there is no obligation to check the accuracy of the content in question within the scope of other legislation. In addition, no agency, power of attorney, partnership or similar relationship is established between SistemCloud, the Seller or the Buyer.
However; Although SistemCloud does not have such an obligation, as stated above, it has the right to control the content in question at any time and, if deemed necessary, to block access and/or delete it, at the sole discretion of SistemCloud.
In case any visual, text, video or audio, written or other content published by the Member on www.SistemCloud.com violates the rights of SistemCloud or third parties, the Member shall notify SystemCloud and/or such third parties. will be responsible to you.
4.12. SistemCloud, in accordance with Article 12/2/(b) of the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions; Collections and transfers of the prices of sales made through www.SistemCloud.com , goods or services on behalf of the sender or Buyer It provides payment services directly as a commercial representative authorized to bargain or buy and sell services. In this context, the Member accepts and undertakes that he/she authorizes SistemCloud indefinitely and irrevocably to collect the price of the products he/she will sell in his/her name and account.
4.13. The Member, as both Buyer and Seller, accepts, declares and undertakes that he/she grants SistemCloud limited representation authority for the management of the collection process, in order to ensure the safe execution of sales on the Site. In this context, the Seller appoints SistemCloud as a representative in order to ensure the operation of www.SistemCloud.com, provided that it is exclusive to the collection of the fees for the products and/or services offered for sale from the Buyer on its own behalf and account. By making the payment for the products to SistemCloud as the Seller's representative, the Buyers will fulfill their payment obligation within the scope of the purchase-sale contract and will not have to make a separate payment to the Seller. If this representation authority is canceled/revoked by the Member, SistemCloud has the right to suspend the membership or terminate the Membership Agreement and cancel the Member's membership.
4.14. In the Sales Contracts to be concluded for the orders placed by the Member from any Seller on www.SistemCloud.com; He accepts and declares that the Seller is the seller and he is the buyer.
4.15. SistemCloud, www.SistemCloud.com collects the prices of sales made through the payment services it offers. SistemCloud is responsible for transmitting the remaining product prices, after deducting its own commission, to the Sellers within 14 (fourteen) days at the latest after the approval given by the Buyers. If the buyer does not raise any objection within 3 (three) days after the product is delivered to him, he will be deemed to have approved the product. SistemCloud may include different practices such as transmitting the fees to the Sellers in a shorter period of time, however, SystemCloud reserves the right to keep the fees in question for 14 (fourteen) days from the Buyer's approval. SystemCloud thus ensures the reliability of electronic commerce carried out via www.SistemCloud.com . The fact that SistemCloud collects the fees for the products sold instead of the Sellers does not mean that it is responsible for the sale in any way.
SistemCloud will have fulfilled its payment obligation towards the Seller by paying the remaining product prices after deducting its own commission to the bank account specified by the Seller on the Site. Sales person; He accepts that he knows that the payments will be made to the account he has determined on the Site, that he can change this account number notified with his membership information as he wishes, that he has all the responsibility for the change of the notified account number, and that by making a payment to the account number declared on the Site by SistemCloud, he will be deemed to have fulfilled his payment obligation towards himself, declares and undertakes.
4.16. SistemCloud is in no way a party to the Sales Agreement relationship or sales transactions. In this context, the quality of all products exhibited and sold in the Virtual Marketplace, their compliance with the legislation, the issuance of a warranty certificate, if any, invoicing and delivery of other necessary documents, and the required after-sales service, etc. The Seller will be personally and exclusively responsible for the services and timely delivery of the products. SystemCloud; Since it does not have the title of seller, manufacturer or importer, it is not subject to the products sold on www.SistemCloud.com is not responsible in any way for any possible defects.
4.22. SistemCloud, www.SistemCloud.com . SistemCloud may unilaterally change the commission rate specified in this article if it wishes. In this case, the commission rate change will be notified to the Member via the Site or via e-mail by SistemCloud, 7 (seven) days before the date on which the said change will be implemented by SistemCloud. Member; If the Member does not cease using the Site at the end of the specified 7 (seven) day period, he/she will be deemed to have accepted the new commission rate and the specified commission rate will be applied to the Member's subsequent sales.
4.23. SistemCloud may share the Member's information with the relevant authorities upon request of the competent authorities within the scope of the relevant legislation. In addition, in the event that SistemCloud receives a notice of lien issued against the Member and/or a notification giving rise to similar legal liability from an enforcement office or similar authority, SistemCloud will retain the balance in the Member's current account, limited to the amount specified in the legal notification, and notify the Member. will be able to block it without giving it.
4.24. www.SistemCloud.com membership on the website personal data received from the Member when created; In cases of forgery, fraud, any misuse of www.SistemCloud.com between Members and/or Sellers, disputes submitted to the judiciary on matters that may constitute a crime within the scope of relevant legislation, the authorities will ensure that the parties can exercise their legal rights, limited only to the requested subject. If requested and limited to this scope, it may be forwarded to other Members and/or Sellers who may be parties to the dispute. The member accepts, declares and undertakes that he/she approves the situation in question.
4.25. The Member will not use www.SistemCloud.com in any way that is against the law or morality. The following situations, but not limited to the ones below, exemplify unlawful and immoral uses;
4.25.1. Using the site to create, control, update or change a database, record or directory on behalf of any person,
4.25.2. Transacting using false information or another person's information, using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information. creating unreal Membership accounts and using these accounts in violation of the Membership Agreement or applicable legislation, using the whole or a part of the Site for the purpose of disrupting, changing or reverse engineering, using another Member's account, impersonating someone else or Becoming a party or participant in transactions under a false name;
4.25.3. at www.SistemCloud.com using or publishing the comments and ratings on social media in any way other than this website, or using the comments and ratings in a way that manipulates them;
4.25.4.A virus to www.SistemCloud.com or any other technology that may damage www.SistemCloud.com's database or any content on www.SistemCloud.com spread;
4.25.5. Collecting any information about members, including e-mail addresses, without the permission of the relevant persons;
4.25.6. www.SistemCloud.com by Engaging in activities that will create unreasonable or disproportionately large loads on designated communications and technical systems, or that will damage technical operation, without the prior written consent of SistemleriCloud www.SistemCloud.com and In this way, unauthorized copying, publication or use of all or part of any content on the Website.
4.26. While performing transactions on www.SistemCloud.com, the member is obliged to use these transactions in a way that does not technically harm the website in any way. The member shall ensure that all information, content, materials and other content provided to www.SistemCloud.com are free of any programs, viruses, software, unlicensed products, trojan horses, etc. that may harm the system. It accepts, declares and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products to prevent it from occurring.
4.27.Using www.SistemCloud.com or any content within the site contrary to the terms of use specified in this Membership Agreement or the provisions of the applicable legislation is considered unlawful. In this case, all lawsuit, demand and compensation rights are reserved, provided that SistemCloud's rights regarding excess are reserved.
4.28. The Member is obliged to update any information that SistemCloud will use to communicate with him/her. If it is not updated, you cannot be held responsible for any damages, deficiencies, etc. that may occur. SistemCloud will not be held responsible. Apart from notifications to be made through the site, notifications can also be made to the specified e-mail address or postal address. If any e-mail or address change is not notified in writing or updated on the Site within 7 (seven) days, the notification to the Member's current e-mail address or postal address will be considered legally valid.
4.29. It is not possible for the Member to fully or partially assign its rights or obligations in this Membership Agreement without obtaining the prior written consent of SistemCloud.
4.30. Failure of one of the Parties 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. .
4.31. Other information regarding the Buyer and Seller rules, which are an annex to this Membership Agreement, can be found in the "Selling on SystemCloud" section at www.SistemCloud.com. and “Shopping on SystemCloud” are available under the headings.
4.32. "Products that are prohibited to be transported" as may be determined by the legislation, our website or the cargo company that will carry out the transportation; If the products in the list are sold and sent by the Seller, SistemCloud has the right to recourse to the Member for any contractual, legal and criminal liability that may arise from this. Likewise, if products that are prohibited to be sold are put up for sale and announced on the Site, SistemCloud has the right to recourse to the Member for any contractual, legal and criminal liability that may arise from this.
4.34. Any direct and indirect damages and other costs that may arise on SistemCloud due to the works and transactions stipulated in this Agreement or violation of the Agreement, will be transferred from the Member's current account at SistemCloud, if any. can be offset. The member is responsible for covering any damages that may occur on SistemCloud due to his/her transactions. SistemCloud may offset all losses that may arise within the scope of this Agreement from the Member's current receivables as of the date the damage occurs, as well as from all amounts to which the Member will be entitled due to future sales.
4.35. SystemCloud; It may remove the products added to the Site by the Member and/or any articles, comments, announcements and other content published by the Member on the Site at any time and without giving any reason. SistemCloud may suspend or remove the Member's profile on the Site without any prior notice. In this case, the Member cannot claim any rights or seek compensation under any name or name.
4.36. Member, on the Site; It cannot share any referring URL addresses (links) outside the site.
4.37. SistemCloud, through the Site, provides URL addresses/links to other websites and/or portals, files or content owned and operated by third party vendors, providers and other third parties that are not under the control of SistemCloud. Can give 'link'. These 'links' do not aim to support the website or the person operating the site, nor do they constitute any kind of representation or warranty regarding the website or the information it contains. SistemCloud has no responsibility for the portals, websites, files and contents accessed through the 'links' on the site, the services or products offered through the portals or websites accessed through these 'links', or their content.
4.38. Member; It accepts, declares and undertakes that it will not make any statements against SistemleriCloud and/or the Site to other Members and/or third parties, will not disparage SistemCloud and/or the Site in any way, and will not commit unfair competitive actions against SistemleriCloud/Site.
Member; message etc. will not direct other Members to other websites other than the Site by any method; He accepts, declares and undertakes that he will not carry out / encourage shopping transactions on the Site by any method other than the Site. If it is determined that the Member has engaged in activities contrary to this article, SystemCloud will immediately terminate the membership of the said Member and may prevent the creation of a membership account again with the same information.
In this case, SistemCloud has the right to comply with Article 12.1 of the Agreement. The right to compensate for damages arising from non-compliance with the Agreement is reserved in accordance with article no.
4.39. The Member shall be liable for any illegal comments, announcements, statements and sharing, including but not limited to any swearing, insults, obscenities, used in areas accessible to other Members or in private messaging. He accepts, declares and undertakes that he knows that he will be legally responsible.
4.40. The username determined by the Member while becoming a member of the Site is also subject to the provisions contained in this Agreement, and the Member shall not be entitled to the rights of third parties regarding personality, copyright, trademark, trade name and other limited rights. He/she accepts, declares and undertakes that he/she will choose a user name that does not violate any rights.
4.41. The Member may share points, evaluations and comments on the Site with other Members and/or other Members' advertisements/products under the conditions determined by SistemCloud.
The scores, evaluations and comments added to the Site by the Member regarding other Members and/or advertisements/products will be visible to other Members and third parties accessing the Site.
The points, evaluations and comments added by the Members on the Site reflect the respective Members' own opinions; SistemCloud has no relation with the scores, evaluations and comments received.
SistemCloud does not monitor or control these scores, evaluations and comments in any way. In terms of the scores, evaluations and comments received, SistemCloud, which is only a hosting provider, has no legal or criminal liability regarding these.
4.42. The Buyer may return the product he has purchased only within the scope of the defect provisions stipulated in the legislation or if the Seller expressly accepts the return request. Apart from the mentioned issues, the Buyer does not have the right to request the return of the product or cancel the order.
ARTICLE 5 - CONFIDENTIALITY
5.1.SistemCloud, in order for the Member to benefit from the Services on www.SistemCloud.com, personal data provided by the Member himself/herself, Personal Data Protection Law No. 6698 (“ Law”) (Date of Adoption: 24/3/2016 | Date of Official Gazette Published: 7/4/2016 Number: 29677); and attaches importance to the processing, security and protection of personal data within the scope of other legislation.
SistemCloud collects, uses, transfers and otherwise processes the personal data provided by the Member in accordance with the Privacy and Personal Data Protection Policy on the site.
Privacy and Personal Data Protection Policy is an integral part of this Membership Agreement. When the Member completes the Membership process and becomes a member of the website www.SistemCloud.com , he/she accepts this Membership Agreement and It is deemed to have accepted the Privacy and Personal Data Protection Policy, which is an integral part of it. And he expressly and freely consents to the collection, use, transfer and other processing of his personal data as determined in the Privacy and Personal Data Protection Policy.
For more information about the conditions regarding the use of personal data and your rights in this regard, you can access the Privacy and Personal Data Protection Policy from the relevant tab on the website. For any questions and comments regarding personal data, please contact SistemCloud info You can be reached via @SistemCloud.com e-mail address. Similarly, the rights possessed under the Personal Data Protection Law No. 6698 can be used by the Member at any time.
IDENTITY OF THE DATA CONTROLLER:
SistemCloud | SistemNOW Mehmet KONT
Address: SistemNOW Bilişim Hizmetleri Adil Mh. Yakuphan Cd. No29/5 Sultanbeyli – Istanbul
Phone: +90 532 544 1308
Web Address: www.SistemCloud.com
E-Mail Address: info@SistemCloud.com
5.2. The personal data that the Member declares to www.SistemCloud.com and expressly consents to be shared, shall be used in the performance of SistemCloud's obligations arising from the Personal Data Protection Law No. 6698 and this Membership Agreement. It must be collected and used for this purpose, and SistemCloud fulfills these obligations within the scope of the relevant laws mentioned above. How the Member's Personal Data is used, processed, stored, transferred, etc. It is determined in the Privacy and Personal Data Protection Policy, which is an integral part of this Agreement, and is available on www.SistemCloud.com.
5.3. Personal data shared with SistemCloud is under the supervision and control of SistemCloud. In accordance with the relevant legislation in force, SistemCloud has the title of data controller to establish the necessary organization and to take and adapt technical measures in order to protect the confidentiality and integrity of information. Being aware of its obligation in this regard, SistemCloud has the right to update its data processing policies at any time in line with the legislation.
ARTICLE 6 - INTELLECTUAL PROPERTY RIGHTS
The Member cannot use, copy, share, distribute, exhibit, reproduce, for advertising and/or promotional purposes, etc., intellectual property rights owned by SistemCloud or its affiliates. will not be able to use it for other purposes. The Member will not be able to use www.SistemCloud.com website, mobile application, mobile site or all or part of them in any other environment without the permission of SistemCloud. SistemCloud may use, reproduce and disseminate the Member's trade name, brand and, without limitation, all information on the Site, for the purpose of providing the Service within the scope of this Agreement and promoting SistemCloud. Member; that the mentioned information may be used by SistemCloud within the scope of this Agreement; He/she accepts, declares and undertakes that he/she gives permission to SistemCloud in this regard for the duration of the Agreement.
If the Member acts in a way that violates the property rights of third parties or SistemCloud, the Member will be obliged to compensate all direct and indirect damages and expenses of SistemCloud and/or the third party in question. In such a case, SistemCloud will be able to offset any damages and other costs that may arise from the Member's current account, if any. SistemCloud may offset all losses that may arise within the scope of this Agreement from the Member's existing receivables as of the date of loss, as well as from all amounts to which the Member will be entitled due to future sales.
6.2. SistemCloud will examine the applications made by Members who claim that all kinds of intellectual and industrial property rights, including but not limited to trademark and intellectual rights, have been violated, to the extent of technical possibilities and workforce. If members make such an application, they are obliged to prove their claims and submit all relevant documents. As a result of the applications made, SistemCloud reserves the right to remove the listings of the products related to the users and to suspend or cancel the memberships of the users when necessary. In such cases, the user will be able to reach SystemCloud via the e-mail address info@SistemCloud.com .< /p>
6.3. The member agrees to have all items subject to intellectual and industrial property rights, including but not limited to visuals, photographs, written content, brands, logos, and others added on the site, to be published on SistemCloud during the contract period. He accepts, declares and undertakes that he gives permission in the form of a simple license for the duration of the Agreement.
ARTICLE 7 - CONTRACT CHANGES
SistemCloud, at its sole discretion, may terminate this Membership Agreement and any policies, terms and conditions, including the Privacy and Personal Data Protection Policy on www.SistemCloud.com, at any time it deems appropriate, within the applicable legislation. It may change it unilaterally by announcing it on www.SistemCloud.com , provided that it does not contradict the provisions.
ARTICLE 8 - FORCE MAJEURE
Situations that did not exist or were not foreseen at the time the contract was signed, developed beyond the control of SistemCloud, and made it impossible for SistemCloud to partially or completely fulfill its debts and responsibilities under the contract or to fulfill them on time; It will be considered as force majeure. (For example: Natural disaster, epidemic situations, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.) The party in the person of force majeure, shall notify the other party immediately and in writing (e.g. via e-mail) within 3 (three) days following learning of the situation.
The parties will not have any liability due to their failure to fulfill their obligations during the continuation of the force majeure. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
If the existence of force majeure prevents or delays SistemCloud from fulfilling its obligations arising from this Membership Agreement in any way, SistemCloud cannot be held responsible for its obligations whose performance is prevented or delayed as a result of force majeure and this situation cannot be considered a violation of this Membership Agreement. .
ARTICLE 9 - REPORTING OF COMPLAINTS
The Buyer may forward his complaints, if any, regarding the products and services he has purchased to the Seller via the contact information specified above. The Buyer accepts that SistemCloud has no liability regarding the products and services purchased through the site. and although SistemCloud is not responsible for the products or services sold, it may provide technical support to the Buyer to the extent possible to clarify the situation.
ARTICLE 10 - DISPUTE RESOLUTION
10.1. Responsibility for the goods or services sold belongs to the Seller himself. However, Buyers can submit their complaints about the goods and services they have purchased to the Sellers directly or via SistemCloud, as stated in Article 9. If the complaint is forwarded to SistemCloud, SistemCloud will provide all possible support to resolve the problem.
10.2. In case of disputes that may arise from this agreement, Istanbul (Çağlayan) Courts and Enforcement Offices are authorized.
ARTICLE 11 - NOTIFICATIONS AND EVIDENCE AGREEMENT
Any correspondence between the Parties within the scope of this Agreement will be made via e-mail, except for the mandatory cases listed in the legislation. The Member acknowledges that, in case of disputes that may arise from this Agreement, the official books and commercial records of SistemCloud, the electronic information and computer records kept in SistemCloud's database and servers will constitute binding, definitive and exclusive evidence, and that this article shall constitute binding, definitive and exclusive evidence, as per Article 193 of the Code of Civil Procedure. It accepts, declares and undertakes that it has the nature of an evidentiary contract in the sense of
ARTICLE 12 - CONTRACT AMENDMENT AND TERMINATION
12.1 In case of violation of one or a part of the provisions of this agreement or if behavior related to this violation is detected, SistemCloud reserves the right to unilaterally terminate this Agreement, without prejudice to all rights, including compensation for damages. The Member accepts in advance that he cannot make any claims due to this termination. A Member whose membership has been terminated by SistemCloud due to violation of the Agreement may also be prevented by SistemCloud from creating a membership on the Site in the future.
When purchasing products on the Site, offering products for sale or benefiting from the Service in any way, the Member who acts contrary to the provisions of the Agreement and/or the applicable legislation may be liable to other Members, third parties, administrative/official authorities and It will be solely responsible for all lawsuits (civil/penal), demands, complaints and/or administrative fines directed by the judicial authorities, throughout the duration of the Agreement and after the Agreement is terminated for any reason.
SistemCloud shall not be liable for any material/moral, direct/indirect damages that the Member may incur due to actions contrary to the Agreement and/or the provisions of the applicable legislation, and all costs incurred (trial expenses and attorney fees, etc.), expenses and, in particular, compensation and All payments made, including administrative fines, will be recourse to the Member, even if the Agreement has been terminated for any reason.
SistemCloud may charge these fees if it wishes; It can be deducted from the amounts that the Member is/will be entitled to due to sales on the Site (even if the Agreement has ended).
12.2. The provisions of this Agreement may be changed at any time by SistemCloud in accordance with the relevant legislation. The provisions of the contract may be changed in whole or in part, and if this change is partial, the unamended provisions will remain in force.
The invalidity, illegality and unenforceability of any provision of this Membership Agreement will not affect the validity of the remaining provisions of the legal notice and terms of use.
12.3. SistemCloud may, at any time, permanently or temporarily suspend the Service it provides to the Member in accordance with this Agreement; It may change the way you use the Service and the Site, make membership to the Site partially and/or fully paid, or unilaterally terminate this Agreement. In the event that SistemCloud terminates the Agreement unilaterally in accordance with this article, the fees that the Member was entitled to in accordance with the Agreement before the termination of the Agreement (which are not subject to any refund in accordance with the provisions of this Agreement, the Sales Agreement or the relevant legislation) will be paid as of the termination date. It will be transferred to the Member within 15 (fifteen) days.
12.4. If the Member closes his/her membership account voluntarily, this Agreement (although the Member's responsibility for all matters specified in this Agreement will continue indefinitely) will be deemed to be automatically terminated.
ARTICLE 13 - ENFORCEMENT
With the approval of this agreement, all the above terms and conditions have been accepted without reservation, and this Agreement, consisting of 13 (thirteen) articles, is deemed to have been concluded and entered into force by being read in its entirety and approved electronically by the Member.