1. PARTIES AND SUBJECT
- Owner of www.panayirgourmet.com, www.panayir.com.tr, heptaze365.com e-commerce platforms and located in Barbaros Mah. Ardic Sok. No: 5/U/5 Batı Ataşehir İSTANBUL, Panayır Gurme Gıda Sanayi ve Ticaret Ltd Şti. (From now on “Fair Fair Gourmet” or "Company" will be referred to as)
- Website users or users who subscribe to these websites and mobile applications by accepting the following conditions (hereinafter: "Member" referred to as)
- Panayır Gourmet and the Member together in this Membership Agreement (Hereinafter "Sides" will be referred to as)
- This Membership Agreement (hereinafter "Agreement" will be referred to as)
This Membership Agreement has been concluded to determine the conditions for the Member to benefit from the Services offered to Panayır Gourmet.
Site: www.panayirgourmet.com refers to the websites located at 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: Only the user name and password determined by the relevant Member, where the Member can perform the necessary actions in order to benefit from the various applications and Services on the Site and Mobile Applications, enter his personal information and information requested on an application basis. Refers to the Member-specific page that can be accessed with
Services: Refers to the practices put forward by Panayir Gourmet in order to enable the Member to perform the works and transactions defined in this Membership Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 In order to gain membership status, the user who wants to become a Member must approve this Membership Agreement in the Site and Mobile Application and fill in the information requested here with correct and up-to-date information . should be evaluated and approved by Membership relationship is established when the Member clicks on the box regarding acceptance of this Agreement and notifies Panayır Gourmet with his/her unique password. The user who wants to become a member must be over 18 (eighteen) years old. Membership status begins with the completion of the approval process and notification to the Member, and thus the Member attains 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 while filling out the said Membership Agreement, is personally responsible for all damages that may arise due to this.
3.2. In the event that there is a dispute as to which person the membership rights and obligations belong to, and the said persons make a request from Panayır Gourmet, accepting that the last person who paid Panayır Gourmet for any Service using the relevant Membership account is the owner of the Membership account, will act accordingly.
3.3. The user name and password information and the membership profile required by the Member in order to access the My Account Page and perform transactions on 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 the said information is the sole responsibility of the Member. The member can make any objections and/or objections that the transactions made with the accounts that allow the use of his/her personal profile, user name and password belonging to him/her are carried out by him/her, that the responsibility arising from these transactions belongs to him/her in advance, and that he/she did not carry out the works and transactions carried out in this way. He/she accepts, declares and undertakes that he/she will not be able to claim and/or avoid fulfilling his obligations based on this defense or objection. The Member shall be solely responsible for the damages incurred by the Member and/or third parties due to the use, loss or change of hands by a person other than the Member, of this information, which is made with the account, user name and password belonging to 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, applicable legislation and ethical rules in the transactions and correspondence he/she makes on the Site and Mobile Application. The legal and criminal responsibility for the transactions and actions of the Member within the Site and Mobile Application belongs to him.
3.5. Panayır Gourmet may share the information of the Member with the said authorities upon the request of the competent authorities in accordance with the current legislation.
3.6. Panayır Gourmet may reject Member applications at its sole discretion and without any reason, or may make the acceptance of the Member application subject to additional terms and conditions.
3.7. The Member shall not use the Site and Mobile Applications in an unlawful and unethical manner, especially in the cases listed below.
- It will not be used to create, control, update or change the database, record or directory of the Site and Mobile Applications on behalf of any person.
- It will not be used to disrupt, modify or reverse engineer all or part of the Site and Mobile Applications.
- Making transactions using false information or another person's information, creating unreal Membership accounts by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, and the creation of these accounts in accordance with the Membership Agreement or in force. It will not be used in violation of the legislation, unauthorized use of another Member's account, to be a party or participant in transactions by replacing someone else or under a wrong name.
- It will not be used for the purpose of spreading viruses or any other technology that is harmful to the Site and Mobile Applications, the database of the Site and Mobile Applications, and any content on the Site and Mobile Applications.
- Engaging in activities that will create unreasonable or disproportionately large downloads on the communications and technical systems determined by the Site and Mobile Applications or harm the technical operation, without the prior written consent of Panayır Gourmet, automatic programs, robots, web sites on the Site and Mobile Applications. using "screen scraping" software or systems such as crawlers, spiders, data mining and data crawling, and in this way copying, publishing or using all or part of any content on the Site and Mobile Applications without permission will not be used for the purpose.
- It will not use it in a way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringes on the intellectual and copyright rights of others.
- In addition, the member will not engage in activities (spam, viruses, trojan horses, etc.) and transactions 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 Site and Mobile Applications in whole and/or part, partially and/or completely, in case of using it contrary to any article in this Agreement, especially the article.
3.9. The Member is obliged to carry out the transactions on the Site and Mobile Applications in a way that does not harm Panayır Gourmet financially and in no way technically damages the Site and Mobile Applications. All kinds of programs, viruses, software, unlicensed products, trojan horses, 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 The Member also agrees that he will not enter the Account Page with robot or automatic login methods.
3.10. The Member has agreed not to access or use other users' software and data without permission. Otherwise, the legal and penal responsibilities arising from this will belong to the member completely.
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 the transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry, modification or use of the records. Panayır Gourmet is not responsible for the content of links or references or other links contained in 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 the users to access the Site and Mobile Applications in order to detect and resolve the problems that may occur in the system regarding the Site and Mobile Applications, 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 are 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. Panayir Gourmet has taken measures within the existing possibilities 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, the user is deemed to accept that he is responsible for all errors that may occur in his own software and operating systems and their direct or indirect consequences, by entering the Site and Mobile Applications.
4. PRIVACY AND PROTECTION OF PERSONAL DATA
4.2. By making use of the Services and/or creating an account, the Member expressly and freely consents to the processing and transfer of personal data as determined in the Policies and Clarification Text. For more information on the conditions of use of personal data and your rights in this regard, please visit www.panayirgourmet.com You can review our texts in the link.
4.3. It is accepted that the information reported to Panayır Gourmet by the Member at the membership stage is correct and true. In the event that the information provided during the membership phase changes, the Member is obliged to inform Panayır Gourmet about the new and updated information.
4.4. Personal data declared by the Member on the Site and Mobile Applications, provided within the scope of the purchase-sale relationship as a party to this Agreement and consented to be shared; The performance of the obligations determined by this Membership Agreement, the execution of the applications required for the operation of the Site and the Mobile Applications, the provision and presentation of various advantages for the Member, and Member-specific campaigns, promotions, advertisements, launches, promotions, invitations, openings, opportunities, news, bulletins. , sales, marketing, surveys, all kinds of electronic communication for similar purposes, profiling, statistical studies are processed by Panayır Gourmet or its business partners in accordance with the Policy on the Protection and Processing of Personal Data and the Clarification Text 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 notification e-mails to its members' registered e-mail addresses and information SMS to their mobile phones. will be deemed to have been accepted. The Member reserves the right to request that the sending of commercial electronic messages be stopped.
4.6. The member accepts and declares that he consents to the use and storage of his personal data by Panayır Gourmet in this way. Panayır Gourmet, the said personal data, Law on Protection of Personal Data No. 6698 art. 12, will take all necessary measures to prevent unauthorized access and unlawful data processing. On the member's personal data, the Law on the Protection of Personal Data No. 6698 art. It has the right to use the rights it has in accordance with 11 and to make changes or updates to this data at any time.
5. INTELLECTUAL PROPERTY RIGHTS
"Panayır Gourmet" HepTaze365" brands and logos, www.panayirgourmet.com and www.panayir.com.tr websites, and all kinds of audio, visual, written material and content are reserved unless otherwise stated. It belongs to Gourmet. Unauthorized use of the member will constitute illegal use and legal action may be initiated by Panayır Gourmet against those concerned. The general appearance and design of the Site and Mobile Applications, as well as all information, pictures, Panayir Gourmet brand, Site and Mobile Applications. Owner or owner of all materials of Mobile Applications, including domain name, logo, icon, demonstrative, written, electronic, graphic or machine-readable technical data, computer software, applied sales system, business method and business model, and intellectual and industrial property rights related thereto. The licensee is Migors and is under legal protection.No material on the website can be changed, copied, reproduced, translated into another language, republished, uploaded to another computer, including code and software, without prior permission and without indicating the source, may not be posted, transmitted, presented or distributed. All or part of the Site and Mobile Applications cannot be used on another website or mobile application without permission. On the contrary, actions require legal and criminal responsibility.
6. CONTRACT CHANGES
7. FORCE MAJEURE
The occurrence of the following, but not limited to, the circumstances beyond the control of the Parties that prevent and/or delay the Parties from fulfilling their obligations in this Agreement shall be considered as a force majeure event.
- Natural event, natural disasters (fire, flood, epidemic, earthquake, flood, explosion, storm, migration, or any other natural disaster)
- War (whether declared or not), civil war, acts of terrorism, insurrection, revolution, revolution, forcible seizure of state administration, uprising, embargo, state intervention, rebellion, occupation, mobilization,
- Employer-employer disputes, including industrial disputes, strikes, lockouts, blockades, slowdowns, labor actions or boycotts,
- Restrictions or acts, refusals or interventions made by official authorities,
- Technological reasons, cyber attacks, 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 will prevent access to the Site
- or other events beyond the control of Panayır Gourmet, not caused by fault and not reasonably foreseeable
If Force Majeure prevents or delays Fair Gourmet's performance of its obligations arising from this Membership Agreement, Fair Gourmet cannot be held responsible for its obligations that are hindered or delayed as a result of Force Majeure, and this cannot be considered as a violation of this Membership Agreement.
8. TERMINATION OF THE AGREEMENT
This agreement will remain in effect until the Member cancels his/her membership or his/her membership is canceled by Migors. Panayir Gourmet may terminate the contract unilaterally by canceling the membership of the member in case the member violates any provision of the membership agreement.
Panayır Gourmet will communicate with the Member via the e-mail address that the Member has stated while registering, or by calling the phone number and sending an SMS. The member is obliged to keep his e-mail address and phone number up to date.
10. OTHER PROVISIONS
The Member agrees that Panayir Gourmet's official books and commercial records, as well as e-archive records, electronic information and computer records kept in the database and servers of the Site and Mobile Applications, which may arise from this Membership Agreement, will constitute binding, definitive and exclusive evidence and that accepts that the article is in the nature of an evidential contract within the meaning of article 193 of the Code of Civil Procedure No. 6100.
The Member may not assign, in whole or in part, its rights or obligations in this Membership Agreement without the prior written consent of Panayır Gourmet.
This Membership Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Membership Agreement is determined by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, this Membership Agreement shall be deemed severable to the extent that such invalidity, unenforceability or unreasonability is reached; and other provisions will remain in full force and effect.
Failure of a Party to exercise or exercise any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the further exercise or enforcement of such 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 shall be under the exclusive jurisdiction of Istanbul Consumer Arbitration Committees and Istanbul (Kartal) Courts and Enforcement Offices.
This Membership Agreement, which consists of 11 (eleven) articles, has entered into force as of the moment it is approved by the Member, by reading and fully understanding each of its provisions, and by approving it in the electronic environment.