INDIVIDUAL MEMBERSHIP AGREEMENT
1. Parties
- Micromarin Yazılım A.Ş., located at İçerenköy Neighborhood. Çayır Street, Bay Plaza No: 5, Door No: 7 Ataşehir/Istanbul, which operates the website www.micromarin.com and its mobile application (hereinafter referred to as the “Platform”).
- The internet user who becomes a member of the Platform (“Member”).
2. Subject of the Agreement
The subject of this Agreement is to determine the terms under which the Member will benefit from the Platform owned by Micromarin.
3. Rights and Obligations of the Parties
- 3.1. When registering as a member of the Platform, the information specified on the membership page must be entered accurately and completely. The Member must read the Information Notice Regarding The Protection and Processing of Personal Data, and the Explicit Consent Form For The Collection and Processing of Personal Data and give explicit consent for the processing of personal data. In addition, the Privacy Policy, Cookie Policy, Social Network Content (Post) Sharing Rules must be read, and the Membership Agreement must be approved. By approving the Membership Agreement, the Member is deemed to have read and accepted Information Notice Regarding The Protection and Processing of Personal Data, Privacy Policy, Cookie Policy, Social Network Content (Post) Sharing Rules. The Member cannot later claim that they have not read or accepted these texts. The Member declares and undertakes that the personal and other information provided is accurate under the law and that they will immediately and fully compensate Micromarin for any damage arising from the inaccuracy of such information.
- 3.2.The Member cannot share the password determined during registration with any other person or organization; the right to use the password belongs solely to the Member. The security and confidentiality of the email address and password used during registration are entirely the responsibility of the Member. The Member accepts, declares, and undertakes that all transactions carried out with their email and password are deemed to have been performed by them, that they are solely responsible for any claims and demands that may be brought against Micromarin by third parties or competent authorities, and that they will compensate Micromarin for any damage and losses incurred.
- 3.3.The Member agrees and undertakes to comply with the provisions of the Personal Data Protection Law and all other related legislation, as well as all other applicable legal regulations, while using the Platform, and not to violate them. Otherwise, all legal and criminal liabilities arising shall belong entirely and exclusively to the Member.
- 3.4.The Member may not use the Platform in any way that disrupts public order, violates general morality, harasses or disturbs other members or third parties, serves an unlawful purpose, or infringes on others’ intellectual and copyright rights. The Member may not use the Platform in a manner that harms other members or third parties. Furthermore, the Member may not engage in activities or actions that prevent or hinder other members and third parties from using the services (such as spam, viruses, Trojan horses, etc.). The Member may not use the Platform, in whole or in part, for the purpose of damaging, altering, or reverse engineering. The Member may not use any technology that damages the Platform, its database, or any content on the Platform, nor spread viruses. The Platform may not be used in a manner contrary to its intended purpose, or for any unlawful or fraudulent purpose. The Member may not resell the service or grant sublicense through actions that violate the law or the purpose of this service.
- 3.5.The ideas, opinions, and comments expressed, written, or used by members on the Platform are entirely the personal views of the members, and Micromarin bears no responsibility for these ideas, opinions, and comments. In the event of any claim directed at Micromarin, Micromarin will forward the relevant claim to the owner of the idea, opinion, or comment, and reserves the right to recourse for all damages and losses to the owner of the idea, opinion, or comment.
- 3.6.A member who violates one or more of the provisions listed in this membership agreement shall be personally and exclusively liable, both legally and criminally, for all damages suffered and to be suffered by third parties as a result of such violation and shall hold Micromarin harmless from any legal and criminal consequences of these violations. Furthermore, if the member causes damage to Micromarin due to such violation, Micromarin reserves the right to claim compensation for all damages incurred and to be incurred as a result of non-compliance with the membership agreement.
- 3.7.Micromarin reserves the right to terminate the member’s membership at any time, unilaterally and without any obligation to provide a reason. The Member hereby agrees in advance that they will not raise any objection if Micromarin exercises this right.
- 3.8.The Micromarin brand and logo, the software and design of the Platform, and all trademarks, designs, logos, slogans, and similar content created by Micromarin in relation thereto are the property of Micromarin. Industrial property rights and/or other intellectual property rights related to these are protected by applicable laws and cannot be used, acquired, or modified by the Member without permission. In the event that the Member infringes upon the intellectual property rights of Micromarin or third parties on the Platform, Micromarin reserves the right to claim compensation for all damages arising from such infringement and to pursue other legal remedies.
- 3.9.The Member acknowledges and declares that Micromarin may collect certain information for the purpose of improving and developing the Platform and/or within the framework of legal regulations, such as the name of the internet service provider used to access the site, Internet Protocol (IP) address, the date and time of access to the Platform, the pages accessed while on the Platform, and the internet address of the website that provided a direct link to the site.
- 3.10.Micromarin has taken measures within its available means to ensure that the Platform is free from viruses and similar malicious software. However, to achieve ultimate security, the user must provide their own virus protection system and ensure necessary safeguards. In this context, by accessing the Platform, the Member is deemed to have accepted that they are responsible for all errors that may occur in their own software and operating systems and for any direct or indirect consequences thereof.
- 3.11.Micromarin reserves the right to change the content of the site at any time and to modify or terminate any service provided to users.
- 3.12.Micromarin may change, update, or cancel the terms of the membership agreement at any time without any prior notice and/or warning. Each provision that is amended, updated, or repealed shall become effective for all members as of the date of publication.
- 3.13.Micromarin may make changes to the content of the membership agreement. These changes are subject to the Member’s approval, and if the Member does not provide consent, Micromarin shall have the right to terminate the membership. In the event of termination of membership in this manner, the Member shall not have any right to claim.
- 3.14.The Parties agree and declare that all computer records belonging to Micromarin shall be taken as the sole and exclusive evidence in accordance with Article 193 of the Turkish Code of Civil Procedure (HMK) and that these records constitute an evidentiary agreement.
- 3.15.The Member acknowledges that they are aware they can manage their electronic communication preferences in the “Notifications” section under “My Account.”
- 3.16.Micromarin shall not be held responsible for the authenticity, reliability, accuracy, or legality of any visual, written, or other content available on the Platform that has not been published by Micromarin, nor does it have any obligation to verify the accuracy of such content. The Member acknowledges and declares that they are aware of this situation.
- 3.17.Micromarin processes and protects Members’ data in compliance with the Law on the Protection of Personal Data No. 6698.
4. Termination of the Agreement
This Agreement shall remain in effect until the Member cancels their membership or until Micromarin terminates the membership. Either party may terminate the Membership Agreement unilaterally at any time without compensation. Micromarin may terminate the Agreement unilaterally by canceling the Member’s membership in the event that the Member violates any provision of the Membership Agreement.
5. Resolution of Disputes
In relation to disputes arising from this Agreement, Istanbul Anatolian Courts and Enforcement Offices shall have jurisdiction.
6. Entry into Force
By completing the membership registration, the Member acknowledges that they have read and accepted the Membership Agreement together with all its annexes and have given explicit consent regarding the processing of their personal data. This Agreement shall be deemed duly executed and shall enter into force mutually and binding upon both parties as of the date on which the Member completes the membership registration.
Annexes:
Ek-1: Information Notice Regarding The Protection and Processing of Personal Data
Ek-2: Explicit Consent Form For The Collection and Processing of Personal Data
Ek-3: Privacy Policy
Ek-4: Cookie Policy