1. MEMBERSHIP CONDITIONS and MEMBERSHIP AGREEMENT
With this database network membership agreement ("Agreement") of our company Cosming, the cosming.com application and the members ("Member") can log in to this application, the database network owned by COSMİNG is subject to this Agreement and www.cosming.com. It has been concluded to ensure the use of the database by the Member within the framework of the terms and conditions specified on the websites and to regulate the rights and obligations of the Parties.
2. ENFORCEMENT OF THE CONVENTION AND MEMBERSHIP
This Agreement will enter into force when the Member becomes a member by entering the necessary information in the section reserved for membership during the registration process and/or completing the necessary steps and reading this Agreement and ticking the phrase "I have read, I accept". In order to become a member, it is necessary to be of legal age and, for legal entity members, to be authorized to represent and bind the legal entity. Following the Member's successful completion of the necessary steps for membership, COSMING will activate the membership unless the Member has any obstacle to membership.
3. GENERAL PROVISIONS RELATED TO THE SERVICE
3.1 COSMİNG reserves the right to make changes to this Agreement by updating it through the Website and/or mobile applications.
3.2 The Member will be able to access the information registered in the system through the database he/she uses through COSMING's Website and mobile applications, and will be able to delete or revise the personalized documents he/she has prepared at any time. COSMİNG is responsible for the accuracy of the information in question as soon as the Member checks it. The Member accepts that this information may change frequently and COSMING cannot assume any responsibility for updating/changing this information.
3.3 The Member will be able to benefit from the mobile application service offered by COSMİNG within the scope of this Agreement.
3.4 COSMİNG's liability towards the Member is limited to the Member's direct damages that occur during the Member's use of the services provided within the scope of this Agreement, directly resulting from COSMİN's fault, without the fault of the Member.
3.5 The Member acknowledges that the services within the scope of this Agreement will only be made available if the Member pays the fee specified by COSMİNG for the services in question, and if the payments related to the fees are not made in full and on time or if the Member does not provide up-to-date, accurate and complete information on the subjects on which information is requested within the scope of membership, this He/she accepts that the Agreement may be deemed to have been violated, use may be stopped by COSMING or the membership account may be closed without notice to the Member.
3.6 In all cases deemed as force majeure, COSMING is not liable for late or incomplete performance or non-performance of any of its acts specified in this Agreement. These and similar situations will not be considered as delay, incomplete performance, non-performance or default for COSMİNG, or compensation cannot be claimed under any name from COSMİNG for these situations. The scope of force majeure includes natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions, attacks on the Website and mobile application and system despite COSMİNG taking the necessary information security measures, but These include, but are not limited to, unavoidable events that develop beyond COSMING's reasonable control and which COSMING cannot prevent despite exercising due care.
4. SPECIAL PROVISIONS RELATED TO THE SERVICE
4.1 The member is responsible for the accuracy and up-to-dateness of all information he provides in any way when logging into the web or mobile application and during his membership. If COSMİNG determines that the Member's information is not accurate or up-to-date in any way, the Member accepts that his/her membership may be terminated by COSMİNG.
4.2 In the mobile application made available by COSMİNG, the Member who has signed up may use the mobile application only for his/her own use. The member cannot make the mobile application available to a third party for any reason. Otherwise, all responsibilities and obligations that arise belong to the member.
4.4 The Member accepts and declares that COSMING has the right to freely determine the price of the service it provides within the scope of this Agreement, pricing terms and conditions, promotions and other practices, and that these may be applied to different members in different ways and conditions, at the sole discretion of COSMING. The member cannot claim any rights due to this.
4.5 The Parties are aware that the price and payment terms of the service provided within the scope of this Agreement are included in COSMİNG's Website and mobile applications and are updated on these media from time to time. The Member declares and undertakes that he/she is obliged to check the fee and payment terms and conditions on COSMING's Website and mobile applications before receiving the service and that he/she accepts the updates made in these media. If the Member does not pay in full and on time, he/she irrevocably accepts, declares and undertakes that COSMİNG may exercise all rights, including interest, stated on the Website and mobile applications and/or arising from the relevant legislation, and that COSMİNG will compensate for any damages arising from late payment. .
4.6 Member shall not be entitled to full and complete service within the scope of this Agreement due to service interruptions arising from technical infrastructure and/or due to situations that may arise independently of COSMİNG, including but not limited to power outage, third parties, administrative and criminal sanctions and any other reason. He/she accepts, declares and undertakes that COSMİNG is not responsible for not being presented completely and cannot claim any compensation from COSMİNG regarding these.
4.7 The member is responsible for the confidentiality of his membership account and password and the security of the tools in which the web application is used. In case these are acquired/stolen/lost by third parties, the Member is solely responsible for the use of his/her membership information by third parties and is obliged to inform COSMİNG immediately in such a case and COSMİNG does not have any responsibility, and does not accept any liability from COSMİNG regarding these. He accepts, declares and undertakes that he cannot claim compensation.
4.8 The Member accepts, declares and undertakes that COSMING is not responsible in any way if the Member cannot benefit from the web service within the scope of this Agreement for any reason arising from the full and proper functioning of the web tool and therefore the Member. COSMİNG is not responsible for any damage or loss caused to the Member by other members or third parties due to access problems arising from the area where it is located on the internet.
4.9 COSMİNG is the owner or licensee of all materials, including all domain names, logos, all kinds of data, applied sales system, business method and business model, and related intellectual and industrial property rights on the Website or mobile application, and are under legal protection. Unless otherwise stated, it cannot be used by the Member for commercial or personal purposes without permission or citing the source.
5. PROVISIONS RELATED TO PAYMENT
5.1 The Member declares and undertakes that up-to-date information about the terms and conditions regarding payment and pricing are available on the Website and mobile application and that he/she accepts them.
5.2 Payment systems are determined by COSMİNG's own initiative. COSMİNG may, but are not limited to, implement new payment systems that it will announce through its website or mobile application. The member declares that he/she will accept these conditions announced on the website or mobile application.
5.3 COSMİNG will send the invoice regarding the payments made by the Member to the Member as an e-invoice via e-mail. The member is solely responsible for providing up-to-date information regarding his e-mail.
5.4 COSMİNG reserves the right to take legal action if the Member does not fulfill its payment obligation in full, on time and as required.
6. Privacy and Personal Data Protection
7. TERMINATION OF THE AGREEMENT AND MEMBERSHIP
7.1 This Agreement and membership begins in accordance with Article 2 and continues until unilaterally terminated by either Party.
7.2 COSMİNG may stop providing the service or terminate the Agreement if the Member does not comply with this Agreement, the terms and conditions of use specified in the Website and mobile application. In such a case, the Member is obliged to immediately pay all debts incurred by COSMİNG and compensate COSMİNG for any damages that may arise due to violation of the Agreement.
7.3 If the Parties wish to terminate this Agreement and membership, they have the obligation to notify the other Party. The Member will make this notification through the contact information in the contact tab on COSMİNG's Website or mobile application. COSMİNG will make all kinds of notifications to the e-mail address provided by the Member, and that this e-mail address is the legal notification address and unless the Member notifies COSMİNG of the changes in writing within 3 (three) days, requests to be made to his old e-mail will be valid and will not be sent to him. accepts that it will be deemed to have been made. Any notification sent to the Member's e-mail address will be deemed to be received by the Member 1 (one) day after the notification is sent.
8. EVIDENCE CONTRACT
In case of disputes that may arise regarding the services provided within the scope of this Agreement, the Member shall be responsible for the binding, definitive and exclusive use of COSMING's own electronic and system records and system records, microfilm, microfiche and computer records, commercial records, book records, e-invoice and computer records. will constitute evidence; It accepts that it frees COSMİNG and the persons authorized to represent from the offer of oath and that this article is in the nature of an evidentiary contract within the meaning of Article 193 in accordance with the Code of Civil Procedure.
9. DISPUTE RESOLUTION AND APPLICABLE LAW
Turkish Law will apply to the implementation and interpretation of this Agreement and to the legal relations arising within the scope of this Agreement. Izmir Courts and Enforcement Offices are authorized to resolve disputes arising from this agreement.