ARTICLE 1- PARTIES:
This Membership Agreement (hereinafter referred to as the Agreement);
My address is kalecnc.com (hereinafter referred to as "Kalecnc").
It is concluded between the person whose address and name/surname are declared in the "Member Information" field (hereinafter referred to as the Member) within the scope of the following terms and conditions.
ARTICLE 2- PURPOSE AND SUBJECT OF THE AGREEMENT:
This Agreement has been concluded with the aim of enabling the member to benefit from the services to be provided by Kalecnc and determines the rights and obligations of the parties.
ARTICLE 3 – DEFINITIONS:
The following terms are used with the meanings they are defined in this agreement.
According to this;
Member: The person who has accepted this agreement and applied for membership and will benefit from the products and/or services to be offered through Kalecnc, whose application has been accepted,
E-Mail Address: The e-mail address declared by the member and defined for the member account, the use, content and confidentiality of which are the responsibility of the member, defined during the establishment of the membership, and which cannot be changed afterwards.
Password: Mandatory for accessing the services offered by Kalecnc through Kalecnc, which the member uses together with his/her e-mail address and enables the member to be recognized by the system; Six 6 to 16 digit alphanumeric phrases determined by the member, which bears all responsibility for the use and safety of the member,
Member Account: The account at Kalecnc that the members can use to benefit from various products or services stipulated in this contract,
Product/Service: Goods sold, services offered for sale on Kalecnc operated by Kalecnc,
Product/Service Fee: The sales price of the product or service offered to the members via Kalecnc,
User: Regardless of whether he is a member, a real person who can visit the public areas of Kalecnc and is allowed to take action in these areas,
Credit Card/Debit Card: Card number that is valid in accordance with the relevant legislation or does not have a physical presence, issued by authorized institutions, which can be used by members for transactions they will make through the Kalecnc address, providing the opportunity to purchase goods and services or withdraw cash without the need for cash,
Service Channels: Mobile telecommunication applications, JAVA, SMS, WAP, ITV (Interactive TV), IVR (Voice response systems), Customer Services, kiosk and internet (Kalecnc) infrastructure platform, and similar,
Gift Point: A printed document with physical existence or a number without physical existence, which provides various advantages to members and/or users, whose entitlement, allocation and usage conditions are exclusively authorized by Kalecnc,
Order Confirmation: Notification with the details of the order sent to the members' e-mail address and/or mobile phone number registered in Kalecnc for the purpose of confirming the order they have placed on Kalecnc,
My Account Menu: The personal area accessed through Kalecnc, where members can follow the transactions they have made in Kalecnc, the stages of their orders, and perform other permitted transactions,
SMS:Short Message Service,
Customer Services: Refers to the relevant section of Kalecnc, where members can communicate in written or verbal form and receive information and consultancy services. In this agreement, the singular of the definitions means plurals, and the plurals also mean the singulars.
ARTICLE 4-CONDITIONS REGARDING MEMBERSHIP:
4.1 Membership Application
4.1.1 Kalecnc membership can be started by filling out the membership form appropriately. Everyone who applies for membership to Kalecnc by clicking on the relevant acceptance notice declares, accepts and undertakes that they have read and accepted all the provisions of this agreement, have the necessary conditions for membership, and that this agreement will become binding for them in accordance with the will and law. Kalecnc is a private club, and Kalecnc reserves the right not to accept the membership application made by the person who wants to benefit from the services subject to this contract.
4.1.2 The accuracy and legality of the information given during the membership application is declared, accepted and committed by the applicant. If it is determined that the information given is against the law and the truth, the membership can be canceled. In this case, the member may not claim any product, service, expense, compensation etc. under any name due to any transaction he has made on Kalecnc. declares, accepts and undertakes that it will not demand the responsibility of Kalecnc for this reason. Kalecnc reserves the right to take back the delivered product, if any, for the amounts paid.
4.1.3 Membership can be started from any of the service channels, at the discretion of Kalecnc. The member who wishes to enter into a contractual relationship by applying for membership accepts and undertakes that electronic communication tools will be used for this, that the legal relationship to be established in this respect will result in the provisions and consequences of the wet signature to be made by hand, and that a separate wet signature will not be required for this legal relationship.
4.1.4 In the membership application, the member is obliged to enter the mandatory information in the membership application form correctly and completely for the acceptance of the application. Persons who meet the membership conditions are obliged to complete other information that may be requested by Kalecnc after the application is completed, at Kalecnc or by contacting customer services.
4.1.5 The Member declares, accepts and undertakes that he has read and accepted the terms of the contract carefully, that he has the ability to keep a copy of the membership contract if he wishes, that he can easily access the changes or additions that may be made from time to time, data transfers, terms of service use. Changes or additions to the terms of the contract are submitted to the member's information at the first login to Kalecnc. Membership of the member who does not click on the "accept" option presented to him can be terminated without compensation or any similar obligation. The member accepts and undertakes that he will always fulfill the membership conditions for the duration of the contract.
4.2 Membership Start
A confirmation notification is sent to the user whose membership is initiated by Kalecnc, by sending an e-mail to the e-mail address they have specified. The member will be able to start to benefit from the services of Kalecnc with the acceptance and start of his membership.
4.3 Use of Member Account
4.3.1 Each member may have only one member account. The member account can only be used to benefit from the services defined in this contract. The member cannot use the services offered by Kalecnc and/or the member account in any way contrary to the law and general morality, in a way that disturbs others, or for the purposes of selling the service to others and/or generating income, whether commercial or not, and/or other than the purpose of this contract. .
4.3.2 Kalecnc has the right to terminate the membership or memberships of the member who violates this provision and/or has more than one membership, without any notification. In cases where it cannot be determined whether the member has the qualification stipulated in the legislation or this Agreement, the membership may be suspended or immediately canceled by Kalecnc until this deficiency is corrected.
4.4 Email address and password
4.4.1 Kalecnc sends the details of membership to the e-mail address provided by the member, after the membership application is accepted. The member declares, accepts and undertakes that Kalecnc is not responsible for any notification sent to the registered contact addresses by Kalecnc for technical reasons.
4.4.2 It is the member's responsibility to protect the e-mail address and password to be used by the member, and any responsibility for its use. The member declares, accepts and undertakes that the transactions to be made and the orders to be placed after logging into the system with his e-mail address and password will be binding on him.
4.4.3 If Kalecnc suffers any damage due to the use of the e-mail address and/or password belonging to the member by third parties or makes any payments due to disputes arising from this reason, Kalecnc is to compensate for the loss and/or In addition to these applications, Kalecnc always reserves the right to cancel, terminate or suspend the memberships it suspects or detects that it is used by third parties.
4.4.4 The member has the right to change his password at any time. The member can perform the necessary actions for password change from the relevant section at Kalecnc. If the member forgets his password, he can get his password by calling customer service or following the directions on Kalecnc.
4.4.5 The e-mail address notified to Kalecnc cannot be changed, if it is Kalecnc; It may request the member to change the e-mail address as well as change the password, due to changes to be made in the systems, security reasons and/or any other reason. The member undertakes to comply with the requests to change his e-mail address. In case of any change, Kalecnc will notify the member of the change via SMS or e-mail. The member accepts, declares and undertakes to comply with the changes notified to him by Kalecnc.
4.5 Personal Information of the Member
4.5.1 Personal information may be requested from the member both at the beginning and during the continuation of the membership. Name, surname, T.C. ID number, date of birth and information received in terms of the member's security; It cannot be changed by the member. Other than these, the personal information of the member can be changed by the member; For this, the member is obliged to pass the security check to be carried out without any problems and to verify his identity information.
4.5.2 Member; The personal information (name, surname, address, age, e-mail address, identity number, contact number, etc.), orders and member movements, which are the subject of this contract and kept in the Kalecnc database, are recorded by Kalecnc in the statistical reporting system. or in the field of advertising and marketing (survey and/or promotion) and to determine the general trends of its users. Kalecnc accepts, declares and undertakes that it will use this information without harming the personal rights of the member, and in case of sharing it with someone else, it will ensure that the third party also acts in accordance with these principles.
4.5.3 In the event that the e-mails, faxes and letters sent to Kalecnc contain personal information belonging to him, he is fully responsible for the confidentiality and security of this information, Kalecnc has no responsibility under the conditions defined above, customer service He accepts that he knows that the records of his correspondence and telephone conversations with Kalecnc may be kept by Kalecnc and that he consents to the storage of these records.
4.5.4 By accepting the terms of this contract, the Member accepts and undertakes that he has the right to question both Kalecnc and the competent authorities regarding all kinds of personal information he provides and the transactions he performs during use, and that he will provide the necessary information in detail if requested.
4.6 Termination of Membership
4.6.1 If Kalecnc suspects and/or detects that the member account is being used by third parties, the member account may be closed and/or this agreement may be terminated by Kalecnc without any notice. In these cases, the member has no right to compensation or any similar claim.
4.6.2 Kalecnc, if it deems necessary, may terminate the membership without giving any reason. The Member accepts, declares and undertakes that he/she will not claim any damages and/or compensation under any name regarding the termination of his/her membership. The expired membership information continues to be stored in the Kalecnc database within the time period determined by Kalecnc.
4.6.3 The member can unilaterally close the member account at any time. The member can terminate his membership from the relevant page after completing the member login to Kalecnc. In addition, the member may request the termination of the member's account by submitting his written request regarding the termination of his membership to Kalecnc customer service. Membership ends as soon as Kalecnc completes the process of terminating the membership after the member submits his/her request to Kalecnc. Kalecnc has the right to ask the reason for terminating the membership. The member can restart his/her terminated membership by contacting customer service. In this case, the initiated membership is treated as a new membership, independent of the previous membership.
4.6.4 In case the member account is closed; It accepts, declares and undertakes that it does not have any rights and / or receivables from Kalecnc and that it cannot claim any compensation or similar claims regarding this situation.
ARTICLE 5 - TERMS OF SERVICE:
5.1 The Member may request a purchase for the product/service offered through Kalecnc, in accordance with the price and conditions specific to that product/service. Kalecnc reserves the right to make changes in terms of quality or quantity in the products or services on its website. The images on the website may differ from the real ones. This difference may also occur in packaging, size and other methods across the region or country. The order for the product/service will be placed in line with the directions made on Kalecnc. If the order is confirmed, an order confirmation will be sent to the registered e-mail address of the member by e-mail and to the mobile phone by SMS. In this notification, the order number will also be presented to the member's information.
5.2 In service offerings, Kalecnc is the channel where the service provider's promotions are made and reservation codes are provided. In this respect, his responsibility for the said Service is limited to collecting and publishing the campaigns on the Kalecnc website, presenting the campaigns to the members' information and mediating the fee collection. Kalecnc does not have the title of "provider" in its service offerings pursuant to Law No. 4077, nor does it have any responsibility for the service within the scope of the same legislation.
5.3 The Member undertakes and accepts that the product/service price and shipping expenses will be collected from the credit card/debit card that he/she has notified to Kalecnc under the conditions stated in the promotions, and that the refund will be made to the card number used in the same way, if deemed appropriate.
5.4 The member is solely responsible for the transactions made through the member account. Any damages, losses and all liability incurred by the member and Kalecnc due to the failure to collect the fees subject to the order placed by the member fully and properly shall belong to the member. The member declares, accepts and undertakes that Kalecnc does not have any legal responsibility in case of erroneous transactions.
5.5 Kalecnc; Although it is not under its own responsibility, at its own discretion, the member may, at its sole discretion, notify Kalecnc Customer Services of this faulty transfer, or by canceling it ex officio, and return the relevant member account(s) to the state they were in before the erroneous transfer reported by the member.
5.6 The Member accepts and undertakes that he/she will not claim any rights under any name due to the interruption and/or non-continuation of the service received due to unforeseen system crashes, errors and deficiencies caused by hardware or software. In case of such a situation, Kalecnc will take every precaution by taking the necessary care to remedy the defect as soon as possible.
5.7 Kalecnc may at any time change, cancel or add new service channels to the terms of the services provided at or through the Kalecnc address. Kalecnc does not make any commitment that the product or service offered is a seasonal product or a seasonal service.
5.8 Being a member of Kalecnc is free, if the connection fee to the service channels (internet, television, mobile phone (membership, wap/Internet connection, SMS fee to be sent by the member or sent to the member etc.) etc. membership and/or extra usage fees) is the responsibility of the member.
5.9 Transactions to be made through the SMS channel are subject to a fee and may be charged differently depending on the transaction type. Kalecnc reserves the right to change prices for all services offered using the SMS channel. The Member accepts, declares and undertakes that he/she will not demand compensation from Kalecnc for any loss or damage incurred due to price changes. The SMS fee will be reflected on the relevant operator invoice for postpaid lines, and will be deducted from the prepaid lines. Kalecnc is not responsible for changes in operators' tariffs.
5.10 Kalecnc is free to charge a service fee per call for transactions to be made from customer services. If a fee is charged, Kalecnc reserves the right to change the usage fee of the relevant service. In case this fee changes, Kalecnc undertakes to share this information with the member.
ARTICLE 6- ADDITIONAL SERVICES:
6.3. The member undertakes the burden of using the advantages such as discounts, gift vouchers, etc., which he has gained in any way during the membership, for the periods allocated to these advantages and in any case, until the date the membership expires for any reason. Advantages that are not used within the aforementioned period will be forfeited, and in this case, the member will not have any right to claim. Earned benefits cannot be converted into cash in any way.
6.4 Kalecnc has the right to place orders in campaigns, promotions or general applications, and to offer different offers to its members by taking into account behavioral analysis, to perform these analyzes and/or make changes in the loyalty programs it implements. All these applications are valid within the periods determined by Kalecnc.
ARTICLE 7 - LIABILITY:
7.2 In accordance with this contract; The scope of the services offered to the member can be expanded or narrowed unilaterally by Kalecnc at any time or the services can be stopped. Kalecnc reserves the right to make changes in the articles in this contract. For this reason, the member accepts that the scope of service offered to him with this contract is not a commitment and may change.
7.3 All rights of use of all written, pictorial, audio-graphic and/or not containing materials available at Kalecnc are reserved. The Member shall not use and/or make use of all kinds of visual and audio materials related to the services and products offered to him by Kalecnc and their presentations in any way without the written consent of Kalecnc, not to use or publish these materials in channels open to personal and public use, and/ or that it does not have the right to market them. The member undertakes that the copyrights of the software used by Kalecnc for the provision of the service belong to Kalecnc, and that they will not reproduce or distribute these software in any way and will not use them other than for the purpose of obtaining service. Kalecnc has no responsibility for any damages that may arise if the member uses or quotes these materials without the knowledge of Kalecnc. In this case, Kalecnc reserves the right to recourse the damages and losses to the member exactly and to take legal action.
7.4 All regulations stipulated in this contract and stipulating the irresponsibility of Kalecnc shall be valid in cases where Kalecnc does not have gross faults and deceptions. Kalecnc; Within the scope of this contract, the member reserves the right to recourse to all kinds of damages, together with all his associates, and to take legal action regarding the issues that are under the responsibility of the member.
7.5 The fact that the members have not used any of their rights arising from both the legislation and this contract due to non-compliance with the rules and conditions to which they are obliged to abide by this contract shall not mean that Kalecnc has waived these rights.
ARTICLE 8 - COMMON PROVISIONS:
8.1 Since this membership relationship is formed in a virtual environment; The contract enters into force after the membership application request is made and the application is accepted by Kalecnc. The contract date is the date of acceptance of the application by Kalecnc after the membership application request is made.
8.2 The Member may in no way transfer or assign his rights and obligations arising from this contract to third parties.
8.3 The Member declares that he/she accepts in advance the validity of the records kept by Kalecnc regarding the membership application, and that he/she is the only one to use all kinds of records, documents and books, all kinds of computer and sound recordings, micro films and micro receipts of Kalecnc in any dispute that may arise between him and the company. and that it will constitute conclusive evidence and be binding, that this article is a contract of evidence within the scope of Article 193 of the H.M.K.
8.4 The parties accept and declare that the Law of the Republic of Turkey will be applied in the settlement of disputes arising from the application and interpretation of this contract, and that the competent judicial authority is Ankara Central Court and Enforcement Offices.
8.5 Unless the Member notifies the contrary in writing, he/she accepts and declares that the address declared in the "Member Information" field is the legal notification address and that written notifications to this address will have all legal consequences of the legally valid notification. Kalecnc accepts and declares that the address specified in this Agreement is the legal notification address, unless otherwise explained at Kalecnc, and that written notifications to this address will have all legal consequences of the legally valid notification.
This Agreement consists of 8 (eight) articles. The person who wants to become a member accepts, declares and undertakes that he has read the entirety of this agreement, unconditionally accepts and approves all the articles in it.