This Membership Agreement (hereinafter referred to as “Membership Agreement”) shall enter into force upon the execution via electronic environment between www.FRESQA.com . (hereinafter referred to as “FRESQA”) and “Member” who agrees to the terms and conditions under “Portal” and to the annexes which are integral parts of this “Membership Agreement” in order to be member of www.FRESQA.com “Portal”.
“Portal”: means the website where “FRESQA” provides its “Services”, which is comprised of www.FRESQA.com domain name and sub-domain names related thereto.
“User”: means all natural and legal persons accessing to “Portal”
“Member”: means “User” who is a member of “Portal” and uses the services provided by “Portal” in accordance with the terms and conditions.
“Membership”: means the status gained upon filling the membership form on “Portal” with accurate and valid information by “User” who wants to become a “Member”, and approval and notification of the credentials of “User” by “FRESQA”. It is not possible to be entitled to be “Member” until the membership process is completed. “Membership” rights and obligations are the rights and obligations that belong to the applicant, which cannot be transferred in part or whole to any third party. The application for “Membership” may be rejected by “FRESQA” without any reason, or additional terms and conditions may be requested. “FRESQA” may terminate the status of “Membership” of “Member” if deemed necessary and not accept the “Membership” application made later by whose “Membership” is terminated for any reason.
"Membership Agreement": means the electronic agreement which constitutes a whole with the terms and conditions contained in “Portal” and the annexes which are an integral part of this Agreement, executed via electronic environment following the approval given via electronic means by “User” indicating that he understands and agrees to “Membership Agreement” comprised of the terms and conditions and their annexes on “Portal”.
"FRESQA Membership Account": means all websites special to “User” where he access through “Portal” with “user name” and “password” which he undertakes to use only himself and is determined by himself, where he can view the reports regarding the services provided, update the “Membership” information, make a request to “FRESQA” regarding “Membership”, carry out the works and operations required to use the services provided on “Portal”
“FRESQA Services” ("Services"): mean the applications provided by “FRESQA” in order that “User” may carry out the works and operations defined under this “Membership Agreement” on “Portal”. “FRESQA” may make amendments and adaptations to “Services” provided on “Portal” at any time. The terms and conditions regarding the amendments and/or adaptations that are binding for “User” shall be notified to “User”. The terms and conditions shall enter into force on the date of publication.
“Content”: means any kind of data, text, document, picture, video, number, etc. visual, textual, and audio images.
"FRESQA Interface": means websites that can issue commands to the software in order that any action can be carried out on “Portal” for the designs whose all intellectual property rights belong to “FRESQA” and which are protected under the Law no. 5846 on Intellectual and Artistic Works; websites used by “User’s in order that the content created by FRESQA and “Member’s may be viewed and examined by “User’s on “FRESQA Database”.
“FRESQA Database”: means the database where the content accessed through “Portal” is stored, classified, and may be examined and accessed, which belongs to “FRESQA” protected as per the Law no. 5846 on Intellectual and Artistic Works.
“Special to Me” page: means the special page for “Member” which can be accessed only by using the user name and password determined by “Member”, where “Member” can carry out transactions required to be able to use “Services” and various applications available on “Portal”, where he can enter his information, preferences, data required from him for the application.
“Personal Data”: means any sensitive personal data as per Article 6/1 of the Law on the Protection of Personal Data and any data related to natural persons whose identity is determined or can be determined this mentioned Article .
“Sensitive Personal Data”: the data related to the race, ethnic origin, political view, philosophical opinions, religion, sect or other beliefs, appearance, membership of an association, foundation or syndicate, health status, sexual life, criminal conviction and security measures of the persons and their biometric and genetic data are sensitive personal data.
3. Subject-matter and Scope of the “Membership Agreement”
4. Membership Conditions
To sign up “Portal”, it is necessary to be legally major and not having been suspended from membership, not have any suspension for his account or not banned indefinitely from membership by “FRESQA” as per this “Membership Agreement”.
“FRESQA” may terminate unilaterally this “Membership Agreement” with immediate effect, without any notice or compensation or penalty clause, without any reason at any time, may terminate or suspend temporarily the “Membership” of “Member”. Any action contrary to the rules specified on “Portal”, any case where “Member” poses a risk for the information security system of “FRESQA” shall constitute reasons for the termination of the membership or the temporary suspension of the membership.
5. Rights and Obligations of the Parties
Rights and Obligations of “Member”
“Member” agrees and undertakes that he understands and accepts all terms and conditions on “Portal” and the terms of “Membership Agreement” and he will comply with all applicable law and moral principles, rules, and declarations specified on “Portal”.
“Member” acknowledges and undertakes that “FRESQA” is authorized to disclose confidential/private/personal data-sensitive personal data/commercial data to the official authorities in case “FRESQA” is required to disclose to official authorities under the applicable legislation and that “Member” cannot claim any compensation from “FRESQA” for this In addition, in the event that any person or entity notifies “FRESQA” and claims that his rights are violated in relation to the advertisements placed on “Portal” by “Member” and that he will take legal actions, “FRESQA” may give the information regarding the first-last name provided by “Member” to the relevant party.
“Members” are solely responsible for ensuring the security of “username” and “password” that they use for logging in “FRESQA Membership Account”, ensuring their use exclusively and
Individually by “Members themselves, their protection from third persons. “Member” shall be responsible for any material and/or immaterial damage that other “Members and/or “FRESQA” and/or other third persons may suffer from, due to his negligence.
“Member” agrees and undertakes that the data and contents that he provided are accurate and in accordance with the law, the publication on “Portal” of such data and contents or the sale and display of the products related to such contents are not illegal pursuant to the applicable “FRESQA” is not obliged to check and control the accuracy of the data and contents transmitted by “Member” to “FRESQA” or uploaded by “Member” on “Portal” and is not responsible for the foregoing and shall not be held liable for any damages arising from the publication of such data and contents or if they are inaccurate or false.
“Member” cannot transfer, assign this “Membership Agreement” or his rights and obligations under this “Membership Agreement” partially or completely to any third person without the written approval of “FRESQA”.
“Member” makes transactions on “Portal” for lawful purposes. Legal and criminal liabilities regarding any action and transaction made on “Portal” by “Member” shall be borne by “Member”. “Member” agrees and undertakes that he will not reproduce, copy, share, process, transfer to another database or upload to “Portal” in such a way producing such results, the pictures, texts, visual and audio images, video clips, documents, databases, catalogs, and lists available on “Portal” which may constitute a violation of personal data, personal and real rights and property rights of “FRESQA” and/or another third person; that he will not carry out any commercial operations by conducting such activities; that he will not make transactions and behave in a way which constitutes directly and/or indirectly unfair competition by doing the aforementioned actions or other “FRESQA” shall not be directly and/or indirectly held liable for the damages that third persons suffer or may suffer from due to their activities on “Portal” contrary to the terms of this “Membership Agreement” and the law.
“FRESQA” gives “Member’s the permission to view the advertisements and use “FRESQA Interface” only to learn about the content of the advertisement and does not give consent and permission to “Member’s to try to access all or a certain number of advertisements through its database other than this purpose, to copy completely or partially these advertisements, to publish them directly or indirectly on other mediums, compile, process, transfer them to other databases, to give access for them to third persons through this database, to conduct similar activities including giving a link through the advertisements on “FRESQA”. Such actions are illegal and “FRESQA” maintains its rights to take necessary legal action and
“Member” agrees and undertakes that “FRESQA” does not have any responsibility for the defects in goods and services that he purchased from third persons, that the person to be addressed regarding any claim and liability pursuant to the Law on the Protection of the Consumer and other relevant legislation shall be the seller of the relevant good and service and that he discharged “FRESQA” from any liability and obligation related 5.2. Rights and Obligations of “FRESQA”
“FRESQA” agrees, declares and undertakes to provide the services mentioned in this “Membership Agreement” concerning the conditions indicated in this “Membership Agreement” and the explanations given in “FRESQA Membership Account” regarding the provision of these services and to operate and establish the technological infrastructure required for the provision of services indicated under this “Membership Agreement”. The obligation to establish the technological infrastructure specified in this article does not imply an unlimited and complete service commitment; “FRESQA” may stop or terminate its technological infrastructure and services specified in this “Membership Agreement” without any notice at any
“FRESQA” reserves its right to terminate the access for third persons including “Portal” users and to delete the information and content uploaded by “Member’s to the system and right to change the services and contents provided on “Portal”. “FRESQA” may exercise this right without notice or “Members are obligated to immediately fulfill the changes and/or corrections requested by “FRESQA”. “FRESQA” may make changes and/or corrections if necessary. The damages, legal and criminal liabilities arising from or that may arise due to non-compliance in time by users with changes and/or correction requests made by “FRESQA” shall be borne exclusively by users.
“FRESQA” may give links through “Portal” to other websites and/or portals, documents or contents owned or operated by providers, “Sellers” who are not under “FRESQA”s control and other third persons. These links may be provided by “FRESQA” solely for ease of reference or by “Member’s and they do not constitute any kind of verification or guarantee regarding the website or information available therein or in order to support website where the link is redirected to or the person operating “FRESQA” does not have any responsibility for the portals, websites, documents, and contents accessed through the links on “Portal”, the services or products introduced on the portals or websites accessed through these links or their contents.
“FRESQA” may terminate the access to the messages, contents which violate the terms of “Membership Agreement”, the protection of personal data, general moral principles, the rights of others, the law, “Portal’s operation in any time in its discretion; “FRESQA” may terminate the membership of “Member” who is liable for such message or content without any
“FRESQA”, its employees and managers are not obliged to check and control the accuracy, authenticity of the contents provided by “User’s and “Member’s on “Portal” and whether they are in accordance with the
“FRESQA” conduct its operations as “Hosting Provider” pursuant to the Law no. 5651 on “Law on Regulation of Publications on the Internet and Combating Crimes Performed through These Publications” and, with regards to this law, in accordance with the letter numbered 581 and dated 17.01.2013 of Telecommunications Authority Communication
6. Confidentiality Policy
“FRESQA” may use information related to “Members” on “Portal” under this “Membership Agreement” and the Confidentiality Policy in Annex 2 which is an integral part of this “Membership Agreement”. “FRESQA” may only use the confidential information of “Members” or disclose to third parties under the terms set forth in the Confidentiality Policy. “Member” declares, agrees and undertakes to share his information in the capacity of Buyer and to login as a member in cases where he acts in the capacity of Buyer in order that the correspondence between the Seller and Buyer with regards to the advertisement can be
“FRESQA” may use the information requested at the stage of subscription such as first-last name, phone number, e-mail address by means of SMS, e-mail, in-site notifications and similar methods for the communication, research, and marketing activities for promotion, information and in order to make statistical analysis or to make contact with “Member”, if necessary, provided that the requirements pursuant to the applicable law are complied with and their explicit consent and, if necessary, additional approvals have been obtained even for the cases beyond the purpose and scope determined by “Membership Agreement”. As such, personal data may be used, processed by the companies in collaboration with “FRESQA” and transferred to these companies in order to conduct market researches, create a database, make researches in order to improve FRESQA.com processes provided that the requirements pursuant to the applicable law are complied with and their explicit consent and, if necessary, additional approvals have been obtained.
“Member’s data that may constitute personal data and entered into Portal by himself are collected and processed for the use of “Portal’s functions, provision of contents and services and the purposes listed above by “FRESQA” under “Membership Agreement”. “FRESQA” may modify the Personal Data Protection Policy and other personal data policies, procedures, terms and conditions of use at any time. Any modification shall enter into force upon its publication on “Portal”. “Member” is obliged to comply with these modifications and cannot demand any claim or claim any loss or damages from “FRESQA” regarding these changes.
“Member” is obliged to use the information accessed within the “Portal” solely in accordance with the purposes disclosed by “FRESQA” or “Member” who disclosed this information and agrees, declares and undertakes that he is responsible for the protection, processing, transfer of Personal Data which belongs to USERS or third persons and for all obligations under the Law on the Protection of Personal Data (KVKK), and FRESQA has no liability or obligation under KVKK for any personal
Data except the personal data collected necessarily by FRESQA for the use of its website in its systems. In the event that “Member” processed, transferred, or otherwise transmitted personal data or acted contrary to the obligation to protect personal data and FRESQA suffered any loss as a result of the decisions rendered by the Personal Data Protection Authority or the administrative authorities or courts regarding the personal data, “Member” agrees, declares and undertakes to indemnify fully in cash upon first request any such loss of FRESQA.
If “Member” is a natural person who is a resident of the European Union, he agrees, declares, and undertakes that the Law no. 6698 on the Protection of Personal Data and secondary regulations and the decisions and regulations of Personal Data Protection Authority shall be applied, shall be applied for any legal dispute that may arise without regard to the conflict of laws rules, that the European Union No. 95/46/EC Directive and General Data Protection Regulation (GDPR) which will be in effect in May 2018 shall not be implemented and undertakes to waive to demand the application of conflict of laws rules .
“Member” agrees, declares and undertakes that “FRESQA” does have to do or connected with the cases where his personal data made to the public due to his “FRESQA” membership and/or posted advertisements, are stored, processed and made available on the search results by Google or other search engines or similar data indexing systems and that “FRESQA” does not have any responsibility for the cases where his personal data are processed or transferred by any means in the systems created especially for search by indexing or other methods and agrees, declares and undertakes to make his application requests as the data owner, at first, to Google which has the capacity as the data controller in processes related to indexing and to other natural and/or legal persons acting in the capacity of data controller which operates search engines or search systems, indexing
In the event that “Member” discloses his sensitive personal data through the “FRESQA” Portal when placing an advertisement or for any reason, “Member” agrees, declares and undertakes that he acknowledges that his sensitive personal data are thereby made public and the sensitive personal data made public may be used, transferred, processed by “FRESQA” depending on the purpose of publicity and that these processing activities shall not be contrary to the
7. Intellectual Property Rights
8. Modifications to “Membership Agreement”
“FRESQA” may modify this “Membership Agreement” in its sole discretion and unilaterally whenever it deems appropriate by announcing it on “Portal”. The modified provisions of this “Membership Agreement” shall enter into force on the date of the announcement, and the remaining provisions shall be in force as they were and continue to be effective. This “Membership Agreement” cannot be modified by the unilateral declarations of “Member”.
9. Force Majeure
In case of force majeure according to the law, “FRESQA” shall not be liable for a late or incomplete performance or non-performance of its obligations determined by this “Membership Agreement”. This and such cases shall constitute an event of default, incomplete performance, or non-performance for “FRESQA” or no compensation may be requested from “FRESQA” under any name whatsoever for such cases. The term “force majeure” shall be construed as the events which are beyond the reasonable control of the relevant party and that “FRESQA” cannot prevent despite its due diligence, including but not limited to natural disasters, riots, wars, strikes, communication problems,
Infrastructure and internet failures, rehabilitation and restoration work related to the system and the failures that may occur due to this reason, power failures, and bad weather conditions.
10. Validity of “FRESQA” Registers
“User” agrees, declares and undertakes that trade registers, commercial registers, microfilms, microfiches and computer logs, electronic and system logs stored in “FRESQA”s own database shall constitute validly binding, conclusive and exclusive evidence regarding any dispute that may arise out of “Membership Agreement”, “User” releases “FRESQA” from taking an oath, and this provision constitutes an evidential contract between the parties .
This “Membership Agreement” and the annexes referred by this “Membership Agreement”, which are an integral part of “Membership Agreement” and the terms and conditions on “Portal”, shall enter into force following the execution upon the approval of “User” via electronic environment. In the event that any provision of “Membership Agreement” is held to be invalid, void, not in accordance with the law or inapplicable, this shall not affect the validity or enforceability of the remaining provisions of this Agreement.