ALLDAY MEMBERSHIP CONTRACT and PRIVACY PRINCIPLES
This Contract is concluded between BADEMKAYA ELEKTRONİK SATIŞ A.Ş. residing at Gültepe Mahallesi Tokgöz Sokak No:1 Küçükçekmece / İstanbul (“ALLDAY”) and www.allday.com.tr, the member (“Member”) of www.allday.com.tr internet site (“Site”).
After completing registration process on the site and confirming his/her email address, Member may start using the Site by entering his/her email address and password subject to complying terms under the Contract.
If the contract is concluded on behalf of a legal entity, the person signing the Contract accepts, declares and undertakes that he/she is authorized to carry out such action on behalf of the legal entity and that otherwise (if any unauthorized action is carried out) he/she shall be responsible of all consequences of any further action.
As of the date member starts using services, he/she shall be assumed to have accepted all terms of the contract and binding nature of such terms.
ALLDAY reserves its right to change below stated terms, upon its discretion, when required by regulation or this Contract or by getting confirmation of the member via email.
1.Rights and Liabilities of the Member
1.1. ALLDAY is a site open to use of any members of the Site. Services rendered on the site are free of charge.
1.2. Member accepts, declares and undertakes that when using the site, he/she shall comply with all terms of the Contract and rules stated at relevant sections of the Site.
1.3. When the member is benefiting from services provided on site, he/she accepts to comply with Code of Obligations, Turkish Criminal Code, Turkish Commercial Code, Code of Intellectual and Artistic Works, Law on Protection of Brand and Patent Rights, the Law on the Protection of Personal Data Statutory Decrees and other relevant provisions of regulation and all kinds of announcement and notices to be published by ALLDAY regarding its services. Member shall bear all legal, criminal and financial responsibilities which may arise due to use contrary to such notices and laws.
1.4. Member shall indemnify all losses of ALLDAY arising from his/her actions contrary to any liabilities undertaken with this Contract; ALLDAY has right of recourse to Member for all indemnifications, administrative/judicial fines which ALLDAY shall be obligated to pay to public institutions and/or third parties due to actions of the member contrary to the Contract.
1.5. Member cannot carry out any action that will prevent or complicate use of the Site by other members and visitors; cannot load servers or databases to automatic programs and lock such and cannot make any attempts to mislead data; otherwise he/she accepts that his/her membership will be terminated and that he/she shall undertake all legal and criminal liability arising from such condition.
1.6. Copying correspondences with ALLDAY is under the responsibility of the person and is recommended by ALLDAY. ALLDAY cannot be held responsible for loss and deletion of correspondences due to not making a copy of such.
1.7. ALLDAY can keep any record regarding the membership account terminated by ALLDAY or member, subject to the provisions provided in the Law on the Protection of Personal Data, however ALLDAY is free to delete the relevant records as of the termination of the membership. Member cannot claim any right or indemnification for any records deleted. However Member reserves his/her right to be informed on any personal information about himself/herself. The relevant right may be exercised in acoordance with the provisions of article 5 below.
1.8. Member declares and undertakes that personal and other information submitted when registering the Site or when shopping are accurate and up to date and that it shall indemnify at once all losses to be incurred by ALLDAY in case such information are not accurate and up to date.
1.9. Members shall undertake all risks about links (links to different internet sites) on Site which are provided to give information and assist visitors.
1.10. Visual and textual content provided on site is for personal use. All rights of texts, graphics, photos, videos, animations and audio on Site are reserved, unless otherwise is stated, these cannot be used for any commercial or personal purposes without permission and without stating the source of such. It is prohibited to publish any element on Site or to add any link without permission of ALLDAY.
1.11. Member cannot use any work of ALLDAY on Site which are subject to copyrights, cannot resell, share, distribute, demonstrate, copy, process such and cannot prepare any derivatives of such. Otherwise Member shall be responsible of all losses incurred by ALLDAY.
1.12. It is prohibited to copy or use software that ALLDAY holds all rights of, which is used to design web pages and to create database.
1.13. Member cannot delete or remove any notes within the scope of copyright, trademark and Code of Intellectual and Artistic Works, that are on materials copied from Site or printed with a printer.
2.Rights and Liabilities of ALLDAY
2.1. Along with its rights arising from laws, ALLDAY is entitled to cancel any transaction, stop use of site by Member, terminate membership of the member and unilaterally and immediately terminate this Contract in following cases:
(a) If any wrong, irregular, incomplete and misleading information or any information containing expressions that do not comply with general ethics and any information not complying with Turkish Republic laws are recorded on Site;
(b) If works and data on Site are partially or fully copied and used or any attempt is made to use such;
(c) If right of use of information like user name, password assigned to members by ALLDAY or determined individually by Members are shared with third parties, if password of a member is used by other persons on bad intentions, Member shall be directly responsible. Member cannot use another persons IP address, email address, user name and other information on internet and cannot access or use private information of other Members. Member shall undertake all kinds of legal and criminal liability arising from such use;
(d) If any software is used or any action is taken or attempts are made to carry out actions and if any information is received, deleted and changed which will be a threat to general security of the Site and which will prevent operation of Site and Software used;
(e) If ALLDAY determines that Member harms ALLDAY by taking advantage of ALLDAY's campaigns, sale system or any gap on Site (technical etc.), benefits from unfair advantage, misuses the sale system or Site by recursive applications,
(f) If Member acts violates terms under the Contract and rules specified on relevant sections of the site and applicable regulations when using the Site or when shopping.
2.3. (personal information like name, surname, email address, telephone number, gender, date of birth, invoice and delivery addresses) collective statistical information that do not include personal information like visitor’s activity, site visit frequency of the visitor, time and duration, order placement time and IP address at the time of order, statistics for pages visited and products ordered, analysis of survey questions that will be replied by sole discretion of the user and other similar data are processed for various purposes such as “customer” classification purposes in order to improve quality of service rendered by ALLDAY, to configure special promotion activities targeting member profile and not to send unwanted emails. Throughout the contract period or even after termination of the contract, information obtained or all personal data shared by member may be used to carry out and complete order placement process of members and to make required communication, to give information about products, services, campaigns and promotions, to “classify” members according for not sending unwanted emails based on communication preferences of members, to make trend and statistical analysis in order to enrich and improve web site content, to improve web site safety, to allow customers to enjoy more unique and efficient shopping experience, by complying with privacy principles, and such information may be used for purposes such as promotion, advertisement, supply and may be shared limited to these purposes with ALLDAY's local and foreign business partners (companies rendering cargo, delivery, call center, database etc. services) providing that the appropriate security measures are taken. Along with this ALLDAY cannot use such data for any commercial purposes other than its own operations. This provision will not prevent the Contract to be transferred to third parties.
Within the scope of above stated purposes, cookies are used on our web site, which are stored on computers of Members during their visit. Such data files are industry standard files available on all shopping sites, which are used in order to make shopping process more efficient and secure.
If you do not wish to use these files or if you wish to be informed about use of such files, you may make necessary changes on your web browser.
2.4. Furthermore when Member uses a credit card to pay for products purchased on Site, he/she is assumed to accept that credit card number, expiry date of credit card, CVV2 code and similar information may need to be shared with the financial institutions for realization of the transaction.
2.5. ALLDAY has the right to use all membership related information for its marketing activities, during or even after this contract period and following this Contract and applicable legal regulations including the Law on the Protection of Personal Data.
2.6. ALLDAY undertakes that Member shall benefit from services under the contract at all times other than any technical failure conditions and that it shall not share any information disclosed by the Member with third parties, other than the conditions where the sharing of information is required for fulfillment of the above purposes and as required in scope of legal obligations.
3.Assignment, Scope, Duration and Validity of the Contract
3.1. As of the date Member completes the registration process and confirms his/her email address or receives any service or gives any using this system, he/she will be considered as having undertaken to comply with this Contract. Contract shall automatically become invalid without any need to send a further notice, upon termination of membership or if any termination condition stated under the Contract takes place.
3.2. Member accepts in advance that, upon request of ALLDAY, his/her Site membership and this Membership Contract may be terminated by sending a notice to the Member.
3.3. Member may cancel his/her membership and delete his/her account by sending an email to firstname.lastname@example.org or by calling +90 850 302 88 88. Member who terminates his/her membership, shall lose his.
Also if a member wishes to unsubscribe from e-bulletin at any period, they will be entitled to easily unsubscribe by clicking on the “Please click if you do not wish to receive news from us” link under e-bulletins.
Member will be able to Access the web site using contact information stated at the end of the Contract/her right to use the Site.
3.4. To ensure continuity of services undertaken, ALLDAY may amend this contract severally. ALLDAY is entitled to temporarily or continuously suspend services rendered severally or change or cancel the content of the service including prices published on Site on condition that final objective of the Site and services provided remain essentially the same. If considered necessary, ALLDAY shall publish updated membership terms on the Site under the same link with date update and shall inform the member by email. Updated membership terms shall become valid as of the date published on Site and as of this date, such new membership terms shall be binding the Site or services.
3.5. On specific sections of the Site, different rules and liabilities relevant to such section can be stated. Member using such sections shall be assumed to have read and accepted relevant rules.
3.6. Member irrevocably accepts, declares and undertakes that ALLDAY may assign the Contract to third parties and that it gives prior permission for assignment of this Contract according to article 205 of Code of Obligations.
4.1. Validity, interpretation and execution of this Contract is subject to Turkish Republic laws, and Istanbul Central Courts and Execution offices shall be the competent authority to settle any disputes which may arise under and in relation with this Contract.
4.2. Email address presented to ALLDAY by Member shall be considered as legal notification address for all kinds of notices to be sent in regards to the Contract.
4.3. Parties accept that unless they inform each other of any changes in their current email addresses within 3 (three) days, notices sent to their previous email address shall be considered as sent and valid.
4.4. All notices sent using registered email address of the Member shall be considered as received by the Member 1 (one) day after email is sent by ALLDAY.
5. Member's Right to Access With Respect to Personal Data
5.1 As per the article 11 of the Law of The Member is entitled to the following via sending e-mail to email@example.com
(a) to learn whether the personal data relating to him/her are being processed,
1. b) if it is processed, to request information with regard to processing, to learn purposes of the processing and whether they are used for such purpose or not;
2. c) to know the third persons within or outside the country to whom the personal data are transferred,
3. d) to request correction of the personal data if the data is processed incompletely or inaccurately,
4. e) to request deletion or destruction of the personal data under the conditions set forth in Article 7 of the Law on the Protection of Personal Data,
5. f) to request notifying third persons to whom the personal data are transferred, about the processes completed within the scope of (d) and (d),
6. g) to object to negative consequences about him/her that are concluded as a result of analysis of the processed personal data exclusively by automatic means,
7. h) to claim indemnification if the you suffered damage due to illegal processing of your personal data;
5.2. ALLDAY will resolve the requests found in the application as soon as possible according to the nature of the request and within thirty days at the latest free of charge. However, if the request incurs additional cost to ALLDAY, then the member may be charged over the tariff fee determined by the Personal Data Protection Board.
Member declares, accepts and undertakes that he/she has read, understood and accepted all articles of this Contract and that all information submitted are true.
Tokgöz Sokak No:1
Küçükçekmece / İstanbul