Membership Agreement
Article 1. Parties
This User Agreement ("Agreement") is entered into between Optdcom Technology Investment Joint Stock Company ("Company") and the person registered as a user ("User(s)") on the website located at [https://ishinaltare.com/] ("Site"). The Agreement will come into effect upon the User's acceptance in an electronic environment and will remain in effect unless terminated by the parties in accordance with the procedures specified in the Agreement.
Article 2. Subject and Scope of the Agreement
This Agreement is entered into to determine the rights and obligations of the parties regarding the conditions of bidding on and purchasing products in auctions and buy it now option, accessible via the Site by the User. The Online Auction Participating Conditions and Terms of Purchase With Buy Now Option within the Site's content, along with the terms and conditions presented to Users by the Company, are annexes and integral parts of this Agreement, and together with the rights and obligations specified here, constitute the complete rights and obligations of the parties.
Article 3. Rights and Obligations of the Parties
3.1 The User declares that they are aware that in order to benefit from the auctions and sales of buy it now option, they must provide the information requested by the Company completely, accurately, and up to date and approve this Agreement. In the event of any changes to the information provided during the establishment of User status, such information will be immediately updated. The Company is not responsible for the inability to access or benefit from the Site due to the information being incomplete, false, or outdated. Accounts without address information or with incomplete address information will be suspended.
3.2 The User declares that they are over the age of 18 and have the legal capacity required to enter into this Agreement. If the User is accessing the Site on behalf of a business, they acknowledge and declare that they have the necessary authority to do so. In this case, the User status and the associated rights and obligations will belong to the business.
3.3 The User has the right to establish only one User account, and it is prohibited to establish a second account using the same or different information following the suspension or termination of a User account by the Company. The Company reserves the right to refuse the opening of a User account at its sole discretion and without providing any reason.
3.4 Access to the Site by the User will be made using the email address and password. The User is responsible for maintaining the confidentiality and security of this password, and any activities performed using such information on the Site will be deemed to have been carried out by the User. The User shall bear all legal and criminal liability arising from such activities. The User will immediately notify the Company if they become aware of unauthorized use of their password or any other security breaches.
3.5 The User agrees and undertakes to use the Site only for lawful activities and to comply with this Agreement, its annexes, the applicable laws, and the other terms and conditions set forth on the Site concerning the use of the Site.
3.6 In the event of technical issues related to the Site, the User will make reasonable efforts to identify and diagnose the problem before contacting the Company. If the User’s need for technical support continues, necessary assistance will be provided through the site administrator or other appropriate channels.
3.7 If communication tools (such as forums, chat tools, or message centers) are provided to the User through the Site, the User declares and undertakes to use these communication tools only for lawful purposes. The User shall not use these communication tools for purposes outside their intended use, such as sharing materials for the sale of products and services, unsolicited emails, files that may harm the software and computer systems of third parties, content containing insults to other users, or any other unlawful content. The User undertakes that they have the authority to engage in all communications made through the Site. The Company has no obligation to monitor the appropriateness of communications conducted through the Site or to verify whether they comply with the purposes of the Site.
3.8 The Company reserves the right to revise this Agreement and its annexes without prior notice, and any such changes will become effective upon the User's next use of the Site. If the User does not accept these changes, they reserve the right to terminate this Agreement as specified below.
3.9 The User cannot transfer or assign their User account and the rights and obligations arising from this Agreement or the use of the Site to any third party in any way.
3.10 If the User violates any of the terms and conditions of this Agreement or any other terms within the Site, the Company reserves the right to suspend the User’s membership or terminate the Agreement as described below, thereby ending the User’s status. In such a case, the Company reserves the right to claim any damages resulting from such violations from the User.
3.11 A limit may be set for each member, and Optdcom reserves the right to modify this limit if necessary.
Article 4. Payment Terms
The User will only be entitled to purchase the products they acquire from auctions or through the "Buy Now" option if they pay the full amount of the fees stated on the Site, using the payment methods and terms specified on the Site.
Article 5. Intellectual Property Rights
5.1 All rights, ownership, and interests on the Site belong to the Company. Under this Agreement, the User is not granted the right to use, copy, transmit, store, or back up any of the information and content related to the products published on the Site for any other purposes, including using the services provided.
5.2 The User is not authorized to copy the products published on the Site, share their information on social media, or claim ownership of these products for resale. Any alteration of the browser or content related to the Site, as well as linking to or from the Site without the explicit consent of the Company, is strictly prohibited.
5.3 The User shall not, under any circumstances, use the Company’s (or its subsidiaries') trade name, trademark, service mark, logo, domain name, etc.
Article 6. Effectiveness and Termination of the Agreement
6.1 This Agreement will come into effect upon the User's acceptance in an electronic environment and will remain in force unless terminated by either party as specified below.
6.2 Either party may terminate this Agreement at any time, without providing any justification or paying compensation, by giving one (1) week’s written notice to the other party via the email address provided.
6.3 If either party fails to fulfill its obligations under this Agreement properly and in full, and the violation is not remedied within the specified time after written notification by the other party, this Agreement may be terminated by the notifying party. In the event that the violation is committed by the User, the Company reserves the right to suspend the User's status until the violation is remedied. If the User violates applicable laws, the Company reserves the right to terminate the Agreement immediately with just cause.
6.4 The termination of the Agreement shall not nullify the rights and obligations that have arisen up to the date of termination. Upon termination of the Agreement, the User will be responsible for all fees and expenses incurred up to that date. No refund will be made to the User.
6.5 If the User's account remains inactive for six (6) months, the Company may terminate this Agreement.
6.6 If the User's account has not been legally blocked and the Agreement has been terminated, the Company will provide read-only access to the Content for six (6) months.
6.7 The Company reserves the right to store the Content in its databases as long as this Agreement is in effect. Within six (6) months following the expiration of the User's membership or the termination of this Agreement, the User will be able to retrieve the Content free of charge. After this period, the Company may charge fees for such requests, which will be specified within the Application.
6.8 The accounts of members who make statements through the press, media, internet, or social media (Twitter, Facebook, Instagram, etc.) that damage the interests of Optdcom, or make statements on their own social media accounts that damage Optdcom's reputation, hinder its business, or defame it, or allow or facilitate such behavior, will be suspended. The member is deemed to have accepted this in advance under this Agreement.
Article 7. Miscellaneous Provisions
7.1 The invalidity, illegality, or unenforceability of any provision or expression in this Agreement shall not affect the validity and enforceability of the remaining provisions of the Agreement.
7.2 This Agreement and its annexes form a whole. In the event of any conflict between the Agreement and its annexes, the provisions in the relevant annexes shall prevail.
7.3 Communication with the User will be made through the email address provided during registration or through general notices on the Site. Communication via email is considered equivalent to written communication. It is the User's responsibility to keep their email address updated and to regularly check the Site for notifications.
7.4 In the event of any disputes arising from this Agreement and its annexes, the Istanbul Courts and Execution Offices shall have jurisdiction.
Annex1: Online Auction Participating Conditions and Terms of Purchase with Buy Now Option