1.1. Turkish Post and Telegram Corp. (“PTT”) having its headquarters in Şehit Teğmen Kalmaz Cad. No: 2 06050 Ulus / ANKARA conducting the activities of http://www.PttTRade.com (“Website”).
1.2. Internet member subscribing to the Website (“Member”)
2. Subject of the Agreement
3. Right and Responsibilities of the Parties
3.1. In order to become a Member of the Website, it is necessary to reach the age of eighteen and not to be temporarily or indefinitely banned from membership by PTT in accordance with this Agreement and not to be restricted to Membership rights. The completion of the registration procedures against the manner stated above will not result in Membership to the Website.
3.2. The Member accepts, declares and undertakes to act in accordance with all the conditions included in the Membership Agreement, all the rules specified in the relevant parts of the Website and all the applicable legislations when performing membership procedures, using the services of the Website, and performing any procedure regarding the services on the Website.
3.3. PTT may activate the membership by approving the Member information or refuse the membership request without giving a reason.
3.4. The Member declares and undertakes that the personal and other other information he / she provided while becoming a Member of the Website is correct before the laws and that he/she shall compensate PTT and third parties in full and immediately for all damages that they could suffer due to the inaccuracy of this information. PTT shall not be liable for inquiring the accuracy of the information and content sent by the Member or loaded on the Website, changed, or provided or to assure and undertake that this information is safe, accurate and in compliance with law and cannot be held responsible for any damages that will arise due to the inaccuracy of the stated information and contents. For this reason, PTT reserves the right to claim any kind of compensation and other claims against the Member for all claims and demands that may be brought against PTT by third parties or competent authorities.
3.5. The Member shall not give the membership password to any other person or organization, and the Member shall have the right to use such password himself. For this reason, PTT reserves the right to claim all kinds of damages and other claims arising from such unauthorized use against any claims or demands that may be brought against PTT by third parties or competent authorities.
3.6. The Member already accepts and undertakes that the use of this Website does not violate the rights of third parties who are not parties to the agreement and that it complies with the provisions of the legal legislation. Otherwise, all legal and criminal obligations arising shall be fully and exclusively binding on the member. For this reason, PTT reserves the right to claim any kind of compensation and other claims against the Member for all claims and demands that may be brought against PTT by third parties or competent authorities.
3.7. The Member may not use the Website in any way that disrupts public order, violates general morality, disturbs and harasses others, breaches the intellectual and copyright rights of others for an unlawful purpose. In addition, the Member may not act to prevent or compel others to use the services (spam, viruses, trojan horses, etc.). Therefore, PTT reserves the right to claim any kind of compensation and other claims against the Member for all claims and demands that may be brought against PTT by third parties or competent authorities.
3.8. The ideas and thoughts declared, written and used by the Member on the website are completely the Member’S own personal opinions and bind the owner of the opinion. These views and thoughts have no interest and connection with PTT. PTT has no liability for damages suffered by third parties due to opinions and views declared by the Member and for damages suffered by the Member due to opinions and views declared by third parties. Therefore, PTT reserves the right to claim any kind of compensation and other claims against the Member for all claims and demands that may be brought against PTT by third parties or competent authorities.
3.9. PTT shall not be liable for unauthorized reading of Member data and for damages that may occur to the data. The Member has agreed in advance not to seek compensation from PTT for any damages he/she may suffer due to the use of the Website.
3.10. The Member has agreed not to access or use other Members’ data without permission. Otherwise, the legal and criminal responsibilities arising from this belong to the Member. Therefoıre, PTT reserves the right to claim any kind of compensation and other claims against the Member for all claims and demands that may be brought against PTT by third parties or competent authorities.
3.11. The Member who violates one or more of the articles mentioned in this Membership Agreement shall personally be liable for this violation in criminal and legal aspects and shall keep PTT free from the legal and criminal consequences of these violations. For this reason, PTT reserves the right to claim any kind of compensation and other claims against the Member for all claims and demands that may be brought against PTT by third parties or competent authorities. Furthermore, if the incident is transferred to the scope of law due to this violation, PTT reserves the right to claim compensation against the Member for failure to comply with the Membership Agreement.
3.12.Copyright and/or other intellectual property rights related to the software and design of the Website are protected by applicable laws and cannot be used, acquired or changed by the Member without permission. Other companies and products mentioned on this Website are trademarks of their owners and are also protected under intellectual property rights.
3.13.Some information such as the name and Internet Contract (IP) address of the internet service provider used to access the site, the date and time of access to the site, the pages accessed at the time of being online on the website and the internet address of the website that ensure direct access to the site may be collected by PTT for the improvement, development of the Website and/ or within the legal framework.
3.14. PTT may use the personal information of the Members in the studies made the for specific preferences and interests of the Members to provide better services, improve its products and services, facilitate the use of the Website, etc. PTT reserves the right to keep a record of the Member’s actions on the Website.
3.15. The Member declares and accepts that it permits with its clear consent to the presentations of product and service introductions, advertising, promotions, benefits, and other customer satisfaction surveys by PTT within the scope of the applications that are already in force and/or will be taken into force . The Member declares and accepts that it gives permission to the collection of personal and shopping information it had given in the past while being a member to PttTrade and/or in other ways and/or it will give in the future for the above purposes, sharing of them with a subsidiary or all business partner companies of PTT, and usage or archiving by a subsidiary or all business partner companies of PTT. The Member declares and accepts that it gives permission to the collection of the date even after the membership ends unless it informs otherwise, sharing of them with a subsidiary or all business partner companies of PTT, and usage or archiving by a subsidiary or all business partner companies of PTT. The Member declares and accepts that PTT and all companies that are its subsidiaries/ business partners are allowed to contact it using internet, telephone, SMS, etc. communication channels, unless it states otherwise. The Member declares and accepts that it cannot make any claim for any direct and/or indirect material and/or spiritual, negative and/or positive, in short any losses that could incur due to the collection, sharing, use, archiving and accessing and shall not hold PTT and its subsidiary/business partner companies as responsible. If the Member wishes to change his / her data sharing preferences, he/she may forward this request to PTT using the communication channels published on the Website.
3.16. PTT can explain the personal information of the Member if requested from itself as a legal necessity, only if it deems in good faith necessary to comply with legal requirements or with legal processes notified or to protect and defend the rights and property of PTT and PTT affiliates/ business partners.
3.17. The necessary measures have been taken to ensure that the Website is free of viruses and similar software. In addition, to ensure ultimate security, the Member must supply its own virus protection system and provide the necessary protection. In this context, the Member shall be deemed to have accepted to be responsible for all errors and their direct or indirect results that may occur in his/her software and operating systems upon his/her access to the Website.
3.18. PTT reserves the right to change the content of the Website at any time, to change any service provided to the Member, to terminate or to delete the Member Information and data registered on the Website.
3.19. PTT may change, update or cancel the terms of the Membership Agreement at any time without any prior notice and/or warning. Any amended, updated or repealed provision shall apply to all members from the date of notification.
3.20.The parties agree, declare and undertake that all computer records and any records belonging to PTT shall constitute valid evidence and that this shall constitute a contract of evidence.
3.21.In accordance with this Membership Agreement, PTT shall have the authority to send informing email to the electronic mail address and informing SMS to the mobile phone of the Member, though the Member shall be deemed to have accepted sending this informing e-mail to the electronic emails address and informing SMS’s to the mobile phone upon the approval of this Membership Agreement.
3.22.PTT shall receive payment and issue invoices in accordance with the membership package and services included in Annex-1 of this agreement in return for the services provided.
3.23.If the Member claims that the requirements of the membership package for which he/she has paid have not been met, he/she shall notify the PTT immediately. In this case, PTT may immediately establish the rights promised in the Member’s membership package upon completion of the required reviews or may not take any action by not considering the claim as appropriate. In the event that PTT deems the Member’s request appropriate but fail to establish the rights promised in the membership package for any reason and if the Member requests it, PTT may cancel the membership. In such a case, if the membership fee is paid by the Member in advance, the Member is refunded in advance if there remains a membership fee not used as of the date of cancellation, after deducting the banking costs etc. If the installment system is used in the payment of the membership fee, the part of the membership fee that is in the accounts of PTT regarding the period not used as of the date of cancellation is returned to the Member after deducting the banking etc. costs; the Member accepts in advance that the Member’s respondent for the return of the installment amount not transferred to PTT accounts is only the relevant Bank. The amount to be based on the calculation of the amount to be returned shall be only the amount paid by the Member from his/her own name and account, free from any incentive etc. costs incurred by PTT, independent from the Member.
3.24.Links to other web sites and/or other content that are not under the control of PTT and are owned and operated by other third parties may be provided through the Website. These links are provided for ease of access to the Member and do not support any Website or the person who operates it. There is no statement or warranty of any kind regarding the information contained on the linked website. PTT does not have any responsibility for the websites and their contents accessed through the links on the Website and the damages that may arise from the use of these sites are under the responsibility of the Member. PTT may subject access to such linked websites to its own written consent or may terminate access to links deemed inappropriate by PTT at any time.
3.25.PTT constantly checks the accuracy and currentness of the information available on its Website. However, despite the shown effort, the information on the Website may lag behind actual changes and may differ between the current status of the service or information concerned and the status of the Website. Regarding the information contained on the Website, no warranties or undertakings either express or implied are given about currentness, accuracy, terms, quality, performance, merchantability, suitability for a particular purpose, and being not limited to them, with the effect on other information, services or products which are independent or related and about their completeness.
4. Annulment of the Agreement
4.1.The total duration of this Agreement signed between the parties for paid memberships is 1 (one) year. However, there is no time limit for the “free services” provided under the name “Starter Package” and membership will continue unless either of the parties terminates this Agreement.
4.2.The Member shall be able to terminate this Agreement at any time, and in such case, undertakes and guarantees in advance that it will not request any refund. The provision of Article 3.23 is reserved.
4.3.PTT may terminate this Agreement at any time on condition that it is notified in writing or by e-mail, and if this termination is caused by the Member acting contrary to the Agreement, the fees paid by the Member shall not be refunded without prejudice to any legal rights of PTT.
4.4.In all cases that are legally deemed force majeure, PTT is not liable for late performance or non-performance of the provisions set out in this Agreement. These and such circumstances shall not be deemed to be delay or non-performance or default of PTT, nor shall PTT be liable for any compensation for such cases.
5. Dispute Resolution
The parties agree, declare and undertake that the Rules of Turkish Law shall be applied in any dispute arising from this Agreement and that the courts and enforcement agencies of Ankara shall be authorized to resolve the disputes. PTT reserves the right to sue in the country where the member resides.
6.1. Membership registration by the Member means that the Member has read and accepted all the articles contained in the Membership Agreement and other PTTRADE rules published on the Website.
6.2. This Agreement, consisting of 6 (six) articles and 2 (two) annexes, shall enter into force by signing and having been read by the Parties, approved electronically by the Member and not rejected by the PTT.
ANNEX-1: Membership model selected by the member
ANNEX-2: KVKK Clarification Text
ANNEX-1 MEMBERSHIP MODELS
PERSONAL DATA PROTECTION LAW
Note that in accordance with the Personal Data Protection Law (“PDPL”) No. 6698 published in the Official Gazette dated 07.04.2016 and numbered 29677, any information (“personal data”) obtained/to be obtained by our company having the title of data supervisor, that you have shared/will share with our company, that belongs to you will be processed by our Company in the framework described below, and in ways prescribed in the stated Law and any kind of processing on your data including obtaining, recording, storage, preservation, alteration, disclosure, transmission of your data via automatic and non-automatic means, and making your them accesible, shall mean “personal data processing”.
THE PURPOSES AND LEGAL REASONS FOR THE PROCESSING OF YOUR PERSONAL DATA
Your personal data are processed for the purposes and legal reasons of fulfilment of the liabilities and undertakings of our Company primarily within the scope of Postal Services Law No. 6475, Banking Law No. 5411, Law No. 5549 on Prevention of Laundering of Crime Revenues, Law No. 4358 on the Popularization of the Use of Tax Identification Number and of all relevant national/international legislations and the secondary regulations published by national and/or international competent authorities (BTK, BRSA, CBRT, MASAK, TBB, etc.) based on these regulations or under the contracts to which it is a party in relation to these regulations its activities (identification, retention of information, reporting, informing, etc.); including issuing contracts for any products and services you have requested from our company establishments (including Postal Agencies), and issuing all other records and documents (paper or electronically), providing such products and services and to maintain it.
PERSONS OR ENTITIES TO WHOM YOUR PROCESSED PERSONAL DATA MAY BE TRANSFERRED FOR THE PURPOSES MENTIONED ABOVE
All of your personal data can be transferred including but not limited to the individuals or organizations (BRSA, CMB, CBT, MASAK, Risk Center of Banks Association of Turkey , judicial and administrative authorities, other government agencies and organisations and individuals) having the right and authority to request and process the personal information within the scope of permission given by all the national/international legislations referred to above and/or within the stated legislation or agreements to which it is a party, and financial institutions covered by the article 73/4 of Banking Law No. 5411, our indirect/direct domestic/foreign subsidiaries, business partners or affiliates, domestic/foreign/international, public/private institutions and organizations, banks, funds, companies and other third parties from which service/support/consultancy/financing are provided or cooperation is made or with which our Company is a partner for project/program/financing.
METHOD AND LEGAL REASON FOR COLLECTION OF PERSONAL DATA
For legal reasons described above, your personal data may be collected by our Company’s Headquarters Units, Central/Branch Offices, Postal Agencies, ATMs, Website, call center, and through similar all the other channels orally, in writing, or electronically by automatic or non-automatic means.
WITHOUT PREJUDICE TO THE CONDITIONS STIPULATED IN ARTICLE 28 OF PDPL TITLED “EXCEPTIONS”, RIGHTS OWNED UNDER ARTICLE ARTICLE 11 OF THE SAME LAW
By applying to our Company, you have the rights to
(a) Learn whether your personal data has been processed, if it has been processed, the information relating to it, the purpose for which it was processed and whether it has been used for that purpose, and third parties to whom such data has been transferred within the country or abroad,
b) request correction if your personal data is incomplete or improperly processed, clear off or deletion of your personal data in accordance with the terms provided in article 7 of the Law and in this context, that the information regarding the transactions made by our Company is communicated to third parties.
c) object to the consequence that may arise against you due to the fact that your personal data is analysed exclusively by automated systems and claim that the damage be remedied if you have suffered damage due to the illegal processing of your personal data.
It is possible to use your rights under this article as of 07.10.2016, the effective date of the regulation, and we reserve the right to claim from you the costs to be incurred by our Company in order to fulfill your demands according to the tariff specified in the article 13 of PDPL titled as “application to the data supervisor”.