Policies and Agreements

Article 1 – Parties

This Membership Agreement (“Agreement”) is executed electronically between Can Davarcı, located in Çukurova/Adana and hereinafter referred to as “candavarci.com” (“Company” or “candavarci.com”), and the individuals (“Member(s)”) who register as members of the website operated by the Company at www.candavarci.com (“Website”).

The Company and the Member shall hereinafter be collectively referred to as the “Parties.”

Article 2 – Subject of the Agreement

The purpose of this Agreement is to determine the terms and conditions of membership and use of the Website by the Member within the scope of products or services to be obtained by the Member via the Website.

Article 3 – Formation of the Agreement

(a) The Member acknowledges that they have read and understood this Agreement and are aware of their rights and obligations.

(b) The Parties declare that there is no disproportion between the obligations set forth in the Agreement, that the mutual obligations are appropriate to the nature of the work, and that neither Party is inexperienced regarding the transactions covered by the Agreement.

(c) The Member confirms that they have fully determined that the transactions covered by the Agreement are in their own interest and that they will comply with all terms of the Agreement of their own free will, without any hardship or difficulty, knowingly and willingly.

(d) The Parties agree that the provisions of the Agreement do not constitute any unfair terms and that there is no imbalance in terms of mutual interests.

(e) The provisions of this Agreement do not contain any unfair terms within the meaning of the Regulation on Unfair Terms in Consumer Contracts, do not violate the principle of good faith, and have been prepared in compliance with the consumer protection legislation.

(f) The provisions of this Agreement have been prepared in consideration of the provisions of the Turkish Code of Obligations. The Member has conducted the bindingness and content review stipulated in Article 21 of the Turkish Code of Obligations. None of the provisions of this Agreement are alien to the nature of this Agreement or the characteristics of the work (no “surprising terms”). The provisions are drafted clearly and understandably and do not contain multiple meanings.

Article 4 – Membership

4.1 Membership is obtained upon completion of the membership procedures available on the Website (and execution of this Agreement).

4.2 The Member declares that they are at least 18 years of age (or older) and that they understand and accept these terms to obtain membership under Article 4.1. If the Member is under 18 years of age but at least 13 years of age and possesses the capacity to discern, they may only use the Website under the supervision of a parent or legal guardian, and the Member declares that their parent or legal guardian has reviewed and accepted this Agreement.

4.3 Members are required to provide accurate, truthful, and up-to-date information regarding the membership process. The scope of this information is determined by the Company and may be changed or expanded if necessary. Such information may be changed and updated by the Member at any time. To maintain membership, the Member must provide the required information and update it in case of any changes.

4.4 The Company may share the Member’s information with competent authorities in order to fulfill regulatory or executive actions of official bodies or judicial decisions, limited to the request.

4.5 If Members use a nickname during the membership process, such nickname must comply with applicable laws and morality; it may not contain insults, profanity, degrading language, or expressions infringing personal rights.

4.6 Members may terminate their membership at any time. Termination of membership does not affect rights and obligations arising from the Agreement until the date of termination or provisions that, by their nature, must remain in effect after termination (compensation for violations, final provisions, etc.).

Article 5 – Rights and Obligations of the Parties

5.1 The Member declares and undertakes that the personal and other information they provide when registering as a member of the Website is accurate, and that they will immediately compensate the Company for any damages incurred due to the inaccuracy of such information and/or due to failure to update the Member information despite changes.

5.2 The right to use the password obtained by the Member under the membership is solely vested in the Member. The Member may not disclose this password to any third party. The Member bears all legal and criminal liability for the use of the password and any access tools (username, etc.) used to benefit from the Website.

5.3 The Member may not transfer their membership to another person.

5.4 The Member agrees, declares, and undertakes to comply with all applicable laws and regulations when using the Website and not to violate such provisions. Otherwise, all legal and criminal liability shall rest solely with the Member.

5.5 The Member may not use the Website in any way that disrupts public order, violates general morality, disturbs or harasses others, serves an unlawful purpose, or infringes upon the intellectual and copyright rights of others. The Member may not engage in activities (spam, viruses, trojan horses, etc.) that prevent or hinder others from using the services, nor in activities that threaten the security of the Website or software or disrupt its operation.

5.6 Any opinions, thoughts, images, messages, comments, and expressions posted or shared by Members on the Website are solely their own personal opinions, and the Member alone is responsible for their consequences. Such opinions and content are not related to the Company. The Company has no liability for damages that may be incurred by third parties due to the Member’s statements, messages, or content, nor for damages that may be incurred by the Member due to statements, messages, or content shared by third parties.

5.7 The Company shall not be held liable for the unauthorized access to the Member’s information and data by third parties, despite the Company taking necessary information security measures.

5.8 The Company shall not be liable for any direct or indirect damages arising from the Member’s use of the Website.

5.9 candavarci.com may provide links or references to other websites or applications not under the control of the Company. The Company is not responsible for the content, links, or products/services of such sites or applications. The inclusion of such links does not constitute an endorsement or representation regarding the content.

5.10 The Member may not transfer their profile to a third party or allow third-party usage. Rights and obligations arising from this Agreement may not be transferred without the Company’s consent. The Company may transfer its rights and obligations to third parties.

5.11 If the Member violates the provisions of this Agreement, they are personally responsible for any legal or criminal consequences, and shall indemnify the Company for any damages, claims, or lawsuits arising therefrom.

5.12 The Company has the right to suspend or terminate the Member’s membership at any time without liability or compensation and to delete all related data and files.

5.13 All copyrights and intellectual property rights relating to the general appearance, design, and software of the Website, as well as text, visuals, brands, logos, know-how, and other elements, belong to the Company or are used under license. These may not be used, acquired, modified, copied, or reproduced by the Member without the Company’s written consent.

5.14 While measures are taken to ensure the Website is free of viruses or harmful software, the Member is responsible for implementing their own virus protection. By becoming a member, the Member accepts responsibility for any software or hardware issues, including but not limited to spam, viruses, and trojans.

5.15 The Company reserves the right to change, suspend, or terminate any service, privilege, or product offered to Members and to delete user data at any time.

5.16 The Company may update, modify, or revoke the terms of this Agreement without prior notice. Any changes take effect upon publication on the Website.

5.17 The Member is responsible for providing the necessary network access and compatible software/devices to benefit from the Website. The Company does not guarantee compatibility with any device/software or uninterrupted, error-free operation.

5.18 The disclaimers in this Agreement also apply to the Company’s employees and partners.

5.19 Without prior approval, the Member may not provide links to any external websites or data in transactions via the Website.

5.20 The Company may organize campaigns from time to time and announce them through various channels. The Member is deemed to accept the campaign terms when participating. The Company may change or terminate campaigns at any time.

Article 6 – Termination of the Agreement

6.1 The Member and the Company may terminate this Agreement at any time.

6.2 Termination does not affect rights and obligations accrued up to the date of termination or provisions that, by nature, remain in effect after termination.

Article 7 – Final Provisions

7.1 This Agreement is governed by and shall be interpreted in accordance with the laws of the Republic of Turkey.

7.2 Adana Courts and Enforcement Offices shall have jurisdiction over any disputes arising from or in connection with this Agreement.

7.3 The Parties agree that the Company’s documents and electronic records shall constitute exclusive evidence in the resolution of disputes.

7.4 Company Contact Information:
Title: candavarci.com
Address: Çukurova/Adana
Phone: +90 554 947 80 18
E-mail: info@candavarci.com

7.5 Transactions carried out via the Website that constitute a declaration of intent shall be considered binding statements under the Turkish Code of Obligations, consumer legislation, and other applicable laws.