Membership Agreement and Terms of Use
1. Parties
This hereby Membership Agreement (“Agreement”); between the owner of www.kevadiesel.com and mobile phone applications, Atakul Endüstri Yedek Parça Sanayi ve Ticaret Ltd. Şti. (“Keva Diesel”) located at: Hadımköy Mah. Haraçcı-Hadımköy Yolu Cad. No:241 Pk.34555 Arnavutköy/İstanbul and the website user or member users of mobile applications becoming a member of www.kevadiesel.com and the mobile application (“Platform”) by accepting the conditions below (“Member”); has been drawn up to determine the conditions which need to be met for a Member to benefit from the Services offered by Keva Diesel.
The BUYER and the SUPPLIER shall be hereinafter referred to as "Party" individually and "Parties" collectively.
2. Definitions
Seller: Refers to the legal entity launching or selling the products which are subject to electronic trade via the platform.
Buyer: Refers to real or legal persons who buys or acts with the intention to buy the products subject to electronic trade via the platform.
Service provider: Refers to real or legal persons operating in electronic trade.
Outsourced Service provider: Refers to real or legal persons who provide the electronic trade environment to allow other persons to carry out economic and commercial trade activities.
Privacy policy and Protection of Personal Data: Refers to the text which can be accessed via the www.kevadiesel.com platform and which constitutes the general privacy policy related to Keva Diesel’s use of personal data and cookies, including in the forms in which and purposes for which Keva Diesel will use these personal data submitted by Members via the Platform.
My Account Page: Refers to the page specific to the Member which only the Member can access with the user name and password created by them, where, for a Member to benefit from various applications and Services on the Platform, they can carry out all necessary transactions, where they can enter the personal data and information required for the application.
Services: Refers to the applications implemented by Keva Diesel to ensure Members perform the functions and transactions defined in the hereby Membership Agreement.
LPPD: Refers to The Law on Protection of Personal Data no 6698.
Member: Refers to the real persons who have accepted the conditions and privacy statements of the membership agreement found on www.kevadiesel.com and have gained the title of “Member”.
User/Visitor: Refers to people who visit www.kevadiesel.com without becoming a member of the website.
Guest User: Refers to people who shop from www.kevadiesel.com without becoming a member of the website.
3. Rights and Obligations of Parties
3.1. In order to gain membership status, the user who wishes to become a Member must approve the Membership Agreement found hereby on the Platform, fill out the required areas with correct and up-to-date information, and have their Membership application evaluated and approved by Keva Diesel. Users who wish to become a member must be over 18 (eighteen) years of age. Upon completion of the approval process and notification to the Member, the Membership status takes effect and thus, the Member shall have the rights and liabilities indicated in the hereby Membership Agreement and relevant areas of the Platform. Members who do not submit correct and up-to-date information when filling out the Membership Agreement in question is personally liable for all harm that may occur. The Member always has the right to cancel their membership status by clicking on the “Cancel Membership” button on their My Account Page. Cancelling membership does not imply non approval of commercial electronic messages being sent. The Member is required to separately and specifically revoke their approval for electronic message sending.
3.2. In the case of dispute concerning the person to which the rights and liabilities of membership belong and the persons in question submitting a request with Keva Diesel in this respect, the person who last made a payment to Keva Diesel for any given Service via the relevant Membership account will be accepted as the owner of the Membership account and action will be taken accordingly.
3.3. In the case where a Member wishes to initiate a legal transaction or a purchasing process in relation to the campaigns and / or advertisements displayed on the Platform, they accept and express that they are obliged to fulfil all legal obligations and complete all legal procedures required, including those stated on the Platform, and that Keva Diesel shall not be responsible to be aware of or to undertake the obligations and procedures in question.
3.4. The Member, in the distant sales contract to be drawn up with the purchases from Keva Diesel via the Platform, accepts and expresses that Keva Diesel is the Seller party and they are the Buyer party; they accept and express that Keva Diesel, in terms of the abovementioned distant sales contract relationship, is only liable towards them in respect of the Seller’s consumer law and legislation which are applicable, and that they themselves assume full responsibility in respect of all other legislations.
3.5. The Member, with regards to the transactions and correspondence they carry out via the Platform, accept and express they will adhere to the provisions in this hereby Membership Agreement, to the applicable legislations and to the code of ethics. The legal and criminal liabilities related to the Member’s actions and transactions within the Platform rest with the Member.
3.6. Pursuant to the applicable legislations, in the event a request submitted by competent authorities, Keva Diesel will be able to share the information it has, related to the Member, with the authorities in question.
3.7. In cases of forgery, fraud, misuse of the Platform, and offences which may constitute a crime in terms of the Turkish Criminal Law, personal data obtained from Members during the process of membership via the Platform and/or shopping, may be provided to other Members who may be parties to an offense, limited to the issue in request for parties to exercise their legal rights and limited to this context.
3.8. The user name and password information required by the Member to access the My Account Page and carry out transactions via the Platform is created by the Member; the responsibility regarding the privacy and security of this information shall rest with the Member. The Member accepts and declares in advance that the user name and password creation operations were carried out by them, that the responsibility arising from these transactions shall rest with them, and that they will not raise any plea and/or objection alleging that they did not personally carry out these transactions and/or that they will not abstain from fulfilling their obligations in relation to this plea or objection.
3.9. The Member shall not use the Platform in a manner that is contrary to law and morality, especially in the following cases.
3.9.1. Using the Platform as a database on behalf of any person, to create a recording or directory, to check, update or modify;
3.9.2. Using the Platform to disrupt it completely or partially, to alter it or use it for reverse engineering purposes;
3.9.3. Carrying out transactions with false information or by using another person's information, false or misrepresented residential address, electronic mail address, contact, payment or account details included, incorrect or misrepresented personal data usage for creating fake Membership accounts and the misuse of these accounts in relation to the Membership Agreement or applicable legislations , using another Member’s account without permission, acting as another person or acting as a party or participator with an false name;
3.9.4. The use of comment and rating systems for purposes which are irrelevant to the Platform such as publishing the comments on the Platform in places other than the Platform, or in ways that are irrelevant to its purpose such as using it to manipulate systems;
3.9.5. For a virus or other harmful software to spread throughout the Platform, the Platform's database, any content on the Platform;
3.9.6. For actions which will cause an overload on the technical systems and communications or harm the technical process to take place, for “screen scraping” software or systems to be used on the Platform without Keva Diesel’s written consent, such as automatic programs, robots, web crawlers, spiders, data mining and data crawling, and for any content on the Platform, completely or partially, to be copied, published or used.
3.10. The Member is responsible for carrying out transactions on the Platform without causing Keva Diesel material and the Platform technical harm under any circumstances. The Member accepts and guarantees that they have taken all necessary precautions to protect the Platform from all kinds of harmful programs, viruses, softwares, unlicensed products, trojans, etc., including using security software and licensed products. The Member, in addition, accepts that they will not enter the My Account Page via robot or automatic access methods.
3.11. Usage of the Platform or its contents contrary to the conditions of use indicated in the hereby Membership Agreement or applicable legislation provisions will be deemed contrary to the law; Keva Diesel reserves the right to file lawsuits suits, bring claims and pursuance.
4. Confidentiality and Protection of Personal Data
Please read the text, can be accessed by //www.kevadiesel.com/privacy-policy which constitutes the general privacy policy related to Keva Diesel’s use of personal data and cookies, including in the forms in which and purposes for which Keva Diesel will use these personal data submitted by Members via the Platform.
5. Intellectual Property Rights
The intellectual property rights of the “Keva Diesel” brand and logo, “Keva Diesel” mobile application and Platform design, software, domain name and all kinds of trademarks, designs, logos, trade dress, slogans and other content produced by Keva Diesel in relation to these, belong to Keva Diesel. Members cannot use, share, distribute, exhibit, copy or reproduce work derived from the property of Keva Diesel or its subsidiaries which are subject to intellectual property rights, without written consent. Members cannot use the mobile application or the Platform, in full or partially, in another environment without the written consent of Keva Diesel. In the case where a Member or third parties act in breach of the intellectual property rights of Keva Diesel, the Member is obliged to compensate for the direct and indirect harm and costs of Keva Diesel and/or the third party in question.
6. Amendments to the Agreement
Keva Diesel can unilaterally amend all kinds of policy, provision and condition as they see fit, including the Policy for Privacy and Protection of Personal Data by means of announcing via the Platform, provided that they comply with the applicable legislation provisions. Changing provisions in the hereby Membership Agreement will become valid as of the date they are announced on the Platform, remaining provisions will remain valid to generate verdicts and results.
7. Force Majeure
In the event that insurgency, embargo, government intervention, rebellion, invasion, mobilization, strike, lockout, work actions or strikes, cyber attacks, communication problems, infrastructure and internet breakdowns, system improvement and renewal work and breakdowns that may occur due to these, electricity cuts, fire, explosions, storms, floods, migration, epidemics or other natural disasters or other events which are beyond the control of, which cannot be attributed to Keva Diesel and cannot be foreseen (“Force Majeure”) prevent or delay Keva Diesel from fulfilling the obligations of the hereby Membership Agreement, Keva Diesel cannot be held liable for the prevented or delayed obligations due to Force Majeure and this situation cannot be deemed as a breach of the hereby Membership Agreement.
8. General Provisions
8.1. Members accept that in the case of a dispute which may arise from the hereby Membership Agreement, Keva Diesel’s official books and commercial records and the e-archive records kept in Keva Diesel’s database and servers, electronic information and computer records will be considered binding, crucial and exclusive evidence and that this clause will be considered as an evidential contract in terms of the 193rd clause of the Civil Courts Law no.6100.
8.2. Hereby the Membership Agreement will be exclusively governed by the Laws of the Republic of Turkey Istanbul Consumer Arbitration Board and Istanbul Courts and Enforcement Office shall have jurisdiction over the settlement of all kinds of dispute arising from the hereby Membership Agreement or related to this hereby Membership Agreement.
8.3. Keva Diesel will contact the Member via the e-mail address, via telephone or by sending an SMS, details of which were provided by the Member during the membership process. The Member is responsible for keeping their e-mail address and telephone number up to date.
8.4. Hereby this Membership Agreement constitutes the entire agreement between the Parties relating to the matter. Should any provision in this Membership Agreement is declared invalid in part or in full, inapplicable or unreasonable by an authorized court, arbitration commission or administrative authority, this Membership Agreement shall be deemed as severable to the extent of the invalidity, inapplicability or inadvisability in question, and remaining provisions shall continue to be in effect.
8.5. Members cannot completely or partially assign their rights or obligations specified in the hereby Membership Agreement without a prior written consent from Keva Diesel.
8.6. Failure to exercise or perform any right granted to it under this Contract by either Party shall not be construed as a waiver of such right or shall not prevent future exercise or performance of such right.
As of the 8 clause onwards, this hereby Membership Agreement, will enter into force as from the moment the Member has read and acknowledged each provision in full and approved it in the electronic environment.