MEMBERSHIP AND TERMS OF USE
Membership Agreement and Terms of Service Use
1. Parties and Subject of the Agreement:
This membership agreement (“Agreement”) is between Alpay
Group Construction Jewelry and Foreign Trade Limited Company (“Alpay Group”)
located at Maslak Mah. Büyükdere Cad. Noramin İş Merkezi No:237 Kat:1 D:112
Sarıyer/İSTANBUL and the “Member” who has defined his/her identity
(name-surname, TR identity number) and contact information (address, e-mail
address, mobile phone number) on the www.alpayjewellery.com (web site address
will be written) website in the system before accepting this “Agreement”. The
“Agreement” has been prepared for the “Member” to use the
www.alpayjewellery.com website, to determine the terms and conditions regarding
membership and to determine the “Member’s terms of use”. “Member”, by becoming
a member of the “Site”, accepts, declares and undertakes that he/she has read,
understood and approved all provisions of this “Agreement”.
2. Definitions
Title: Alpay Group İnşaat Kuyumculuk ve Dış Ticaret Anonim
Şirketi
“Site”: www.alpayjewellery.com named website
“Member”: The real or legal person who has been granted the
authority to perform transactions on the “Site” by accepting this agreement and
defining a password and username for those who meet the conditions specified in
this “Agreement” and the “Site”,
“Agreement”: Membership and Privacy Agreement for the
website
3. Membership and Service Usage Terms
3.1. Membership is completed by filling out the membership
form required to become a "Member" from the relevant section of the
"Site" by the real or legal person, providing identity information,
confirming the accuracy of identity information, completing the registration
process and having the registration process approved by "Alpay
Group". The right and authority to become a "Member" defined in
this "Agreement" cannot be acquired without completing the membership
process.
3.2. "In order to become a "Member" of the
Site, it is necessary to be of legal age, to be authorized to represent and
bind the legal entity for legal entity members, and not to have been
temporarily suspended from membership or indefinitely banned from membership by
Alpay Group within the scope of this "Agreement". Applications made
through persons who are minors or legal entity members who are not authorized
to represent and bind the legal entity or applications made by persons who have
been temporarily suspended from membership or whose membership has been
suspended; indefinitely banned from membership by Alpay Group within the scope
of this "Agreement" as stated above, prevent the use of the rights
arising from membership even if the "Site" registration procedures
have been completed.
3.3. Alpay Group may terminate this "Agreement"
unilaterally at any time without giving any reason, without making any
notification and without any obligation to pay any compensation and with
immediate effect and "may terminate or temporarily suspend the Member's
membership without terminating the Agreement". The decisions of
termination, termination of membership and suspension of membership specified
in this article shall be made by Alpay Group at its own discretion in the event
of a complete violation of this “Agreement”, violation of the rules specified
on the “site”, determination by Alpay Group that the Member’s transactions or
the situation arising as a result of their transactions constitute a risk in
accordance with the Alpay Group information security system or Alpay Group’s
commercial decisions or assessment by Alpay Group that the situation arising
constitutes a legal risk.
4. Rights and Obligations of the Parties:
4.1. The “Member” accepts, declares and undertakes that all
personal and other information provided while becoming a member of the
www.alpayjewellery.com website is correct before the law and that Alpay Group
will compensate all damages it may incur due to the inaccuracy of this
information in full and immediately. The “Member” irrevocably accepts that the
“Agreement” may be terminated unilaterally by Alpay Group without the need for
any notice or warning in the event of providing false information.
4.2. The “Member” cannot give the password given to him/her by Alpay Group to other persons or organizations, “The Member has the right to use the password in question. The e-mail address given during registration is specific to the “Member” and has the opportunity to create a single membership. “Members are responsible for all negligence and faults regarding the security of the “user name” and “password”, keeping it safe from third parties, using it by themselves, etc. and for any damages that may be incurred or may be incurred by other “Members”, Alpay Group and/or third parties. For this reason, against all liability that may arise and against all claims and demands that may be put forward against Alpay Group by third parties or authorized authorities, Alpay Group reserves the right to claim any and all compensation and other claims arising from such unauthorized use.
4.3. The “Member” accepts and undertakes in advance that
he/she will act in accordance with all the terms, rules/declarations and
applicable legal regulations in this “Agreement” while using the
www.alpayjewellery.com website, performing membership transactions, benefiting
from the “Site” services and performing any transaction related to the services
on the “Site”, and that he/she understands and approves all the terms and rules
specified, and that he/she will abide by these rules and not violate them. Otherwise,
the “Member” will be responsible for all legal and criminal liabilities that
will arise.
4.4. Alpay Group reserves the right to change the content of
the “Site” at any time, to change or terminate any service provided to users or
to store or delete user information and data registered on the Alpay Group
website.
4.5. The “Member” cannot use the www.alpayjewellery.com
website in any way that disrupts public order, is against general morality,
disturbs and harasses others, for an illegal purpose, or infringes on the
intellectual and copyrights of others. In addition, the “Member” cannot engage
in activities and processes that prevent or make it difficult for others to use
the services (spam, virus, Trojan horse, etc.).
4.6. The “Member” accepts and undertakes not to copy,
reproduce, publish, or market any information, documents, software, designs,
graphics, text, visuals, videos, etc. and any content on
www.alpayjewellery.com, all rights of which belong to Alpay Group. These cannot
be used, acquired, or changed without permission by the “Member”. Each
"Member" accepts and undertakes that they will not reproduce, copy,
distribute, process the images, texts, visual and audio images, video clips,
files, databases, catalogs and lists on the "Site" that would
constitute an infringement on the real or personal rights and assets of Alpay
Group and/or another third party, or upload the contents specified in this
article to the "Site" in a way that may lead to such results; and
that they will not compete directly and/or indirectly with Alpay Group, either
through these actions or through other means. The legal and criminal
liabilities of the members in every transaction and action they perform on the
"Site" belong to them.
4.7. Alpay Group will not be responsible for the reading of
the "Member" data by unauthorized persons and any damages that may
occur to the "Member" software and data. The "Member" has
accepted in advance not to claim compensation from Alpay Group for any damages
it may suffer due to the use of the www.alpayjewellery.com website.
4.8. The “Member” has agreed not to access or use the
software and data of other internet users without permission. Otherwise, the
legal and penal liabilities arising from this shall be entirely the
responsibility of the member.
4.9. The “Member” who violates one or more of the articles
listed in this “Agreement” shall be personally and legally liable for this
violation, and Alpay Group shall hold them harmless from the legal and penal
consequences of these violations. In addition; if the incident is brought to
the legal field due to this violation, Alpay Group reserves the right to claim
compensation against the “Member” for non-compliance with the “Agreement”.
4.10. The person who becomes a “Member” of www.alpayjewellery.com declares and accepts that he/she is allowed to be offered product and service promotions, advertisements, campaigns, advantages, surveys and other customer satisfaction applications by Alpay Group and all affiliated companies within the scope of the current and/or future applications. The “Member” declares and accepts that he/she allows the collection of personal and shopping information and shopping and/or consumer behavior information that he/she has provided in the past and/or will provide in the future while becoming a member of www.alpayjewellery.com and/or through other means, to be shared with Alpay Group and all affiliated companies, and to be used and archived by Alpay Group and all affiliated companies for the above purposes. Alpay Group may use the contents uploaded by the Members on the "Site" or the "Member" information regarding membership in any way it wishes for the security of the Member, fulfillment of its own obligations and some statistical evaluations. It may classify and store these on a database. Unless the "Member" states otherwise, it declares and accepts that it allows Alpay Group and all affiliated companies to contact it using communication channels such as the internet, telephone, SMS etc. The "Member" declares and accepts that it will not claim any direct and/or indirect material and/or moral negative and/or positive damages due to the collection, sharing, use, archiving and access to the above-mentioned information and that it will not hold Alpay Group and its affiliated companies responsible. If the "Member" wishes to change its data sharing preferences, it may forward this request to Alpay Group customer service call centers.
4.11. Alpay Group is authorized to send information e-mails
to the e-mail addresses and information SMSs to the mobile phones of its
members registered with it, in accordance with this “Agreement”, and the member
will be deemed to have accepted the sending of information e-mails to his/her
e-mail address and information SMSs to his/her mobile phone by approving this
“Agreement”. If the “Member” wishes to stop receiving e-mails and/or SMS, they
can perform the “cancellation of e-mail and/or SMS sending” process.
4.12. Alpay Group may use the personal information of members
in order to provide better service to its users, improve its products and
services, and facilitate the use of the site in studies targeting the special
preferences and interests of its users. Alpay Group reserves the right to keep
a record of the actions of the member on the www.alpayjewellery.com website.
4.13. www.alpayjewellery.com may temporarily suspend or
completely stop the operation of the system at any time. Alpay Group shall have
no liability to www.alpyajewellery.com members or third parties due to the
temporary suspension or complete suspension of the system.
4.14. Measures have been taken within the available means to
ensure that the Alpay Group website is free from viruses and similar software.
In addition, in order to ensure ultimate security, the user must provide
his/her own virus protection system and provide the necessary protection. In
this context, by entering the Alpay Group website, the member is deemed to have
accepted that he/she is responsible for all errors that may occur in his/her
own software and operating systems and their direct or indirect consequences.
4.15. www.alpayjewellery.com sales are limited to stocks.
www.alpayjewellery.com may not deliver products that are not in stock, may
cancel the order and refund the order amount to the customer's account. The
display of products in the virtual store does not necessarily mean that the
products in question are in stock at www.alpayjewellery.com or Alpay Group
stores. www.alpayjewellery.com has the exclusive right to change the price and
product feature information of the products offered for sale at www.alpayjewellery.com.
In the event of an error in the price and product feature information,
www.alpayjewellery.com may correct the error and deliver the product or cancel
the order and refund the order amount to the customer's account, provided that
it has the exclusive right to choose.
4.16. Alpay Group may make changes in the implementation of
this Agreement, update, repeal, change existing articles or add new articles
for the purpose of future technical necessities and compliance with
legislation. Each changed, updated or repealed provision shall be effective for
all members on the date of publication. www.alpayjewellery.com may convert
services that do not require membership into a status that requires membership
over time, open additional services, partially or completely change some of its
services or convert them into paid services.
5. Resolution of Disputes:
5.1. “Member” accepts and undertakes that in disputes that
may arise from the “Agreement”, Alpay Group’s commercial book records,
microfilm, microfiche and computer records shall constitute valid, binding,
definitive and exclusive evidence within the meaning of Articles 193 and ff of
the HMK and that this article is in the nature of an evidence contract. It
accepts, declares and undertakes that it waives in advance any objection to
Alpay Group records and the right to swear that they are kept in accordance with
the procedure.
5.2. In case of any disputes that may arise regarding this
“Agreement”, the provisions of this Agreement shall be applied first, and in
cases where there is no provision, the current legislation of the Republic of
Turkey shall be applied.
5.3. Istanbul Central Courts and Enforcement Offices shall
have jurisdiction to resolve any disputes that may arise from the
implementation of this Agreement.
6. Waiver
Alpay Group’s failure to exercise or delay in exercising any
right or authority it has within the scope of the Agreement shall not mean that
it has waived that right or authority, and the sole or partial exercise of a
right or authority shall not prevent the subsequent exercise of that or another
right or authority.
7. Duration of the Agreement
This “Agreement” shall enter into force as of the moment the Membership transaction is completed by the “Member” providing his/her personal information in the relevant section of the “Site”, approving this “Agreement” through the “Site” and completing the activation via the link sent to the e-mail address provided during registration. This “Agreement” shall remain in force indefinitely from the date of entry into force until Alpay Group cancels the “Member’s” membership or terminates the services offered on the Site.,
8. Notification
The parties accept and undertake that the addresses
specified during the membership process are their legal notification addresses,
and that any notifications to these addresses will have all the legal
consequences of legally valid notification unless the address change is
notified to the other party in writing at the latest on the date of change.
9. Enforcement and Termination of the Agreement:
“Member’s registration as a member means that the member has
read and accepted all the articles in the Agreement. This Agreement” has been
concluded and mutually entered into force at the moment the Member becomes a
member. This “Agreement” will remain in force until the “Member cancels their
membership or the membership is canceled by Alpay Group.
PRIVACY AGREEMENT
Alpay Group has the right to request certain personal
information from the “Member” (name, age, areas of interest, e-mail, etc.) in
order to provide better service to its customers.
This information collected on Alpay Group servers is used
only within Alpay Group for periodic campaign studies, designing special
promotional activities for customer profiles and customer
"classification" studies to prevent unwanted e-mails from being sent.
Alpay Group never shares the information it collects from
membership forms with third parties without the knowledge or instruction of the
"Member" in question, does not use it for commercial purposes for any
reason other than its activities and does not sell it.
Alpay Group analyzes and interprets the visitor movements
and preferences it monitors during the use of the site, in addition to the
personal information it requests in e-mail addresses and membership forms.
This statistical data, which does not contain personal
information, can be shared with Alpay Group affiliates and business partners in
order to provide a more special and effective shopping experience for Alpay
Group "Members".
Member information can only be disclosed to official
authorities if this information is requested by official authorities in
accordance with the procedure and in cases where it is obliged to make a
statement to official authorities in accordance with the provisions of the
mandatory legislation in force. “Only the “Member” can access all information
entered into the system by the member and only the “Member” can change this
information. It is not possible for someone else to access and change this
information.
When the “Member” wants to be removed from Alpay Group’s
daily e-mail list, they have the right to easily exit the e-bulletin membership
with a single click by clicking on the “Please click to exit our e-bulletin
list” link at the bottom of the e-mails sent by Alpay Group.
The credit card information requested on the payment page is
not kept on the servers of Alpay Group or the companies that provide services
to it in any way in order to keep the security of the “Member” who shops on the
site at the highest level. In this way, all transactions for payment are
carried out between the bank and the “Member’s computer through the Alpay Group
interface.
In addition, high security encryption is applied all over
the world for the security of your personal information and account at Alpay
Group www.alpayjewellery.com. The information is encrypted and completely
prevented from falling into the hands of 3rd parties. The card information used
in payment transactions is never recorded in the Alpay Group system.
Every day: 09:00-18:00; for any questions;
info@alpaygroup.com or 0212 528 88 78 call center, you can reach Alpay Group
customer relations center and share all your requests and opinions. Alpay Group
customer satisfaction policy and solution-oriented service mission requires us
to state that it will be pleased and honored to help all its customers,
especially its “Members” and receive their opinions.
ALPAY GROUP CONSTRUCTION JEWELRY AND FOREIGN TRADE JOINT
STOCK COMPANY
Maslak Mah. Büyükdere Cad. Noramin Business Center No:237
Floor:1 D:112 Sarıyer/İSTANBUL