1. PARTIES

This Membership Agreement (“ Agreement ”) has been electronically approved and entered into force under the following terms and conditions between Sim Atlı Ticari İşletmesi (“ SIM and ROZ ”) operating at Maslak Mahallesi AOS 20. Sk. No: 641 Sarıyer/İstanbul on the one hand and the real or legal person (“ Customer ”) who has become a member of the website “ https://simandroz.com/ ” (“ Website ”) by filling out the Membership Form.

SIM and ROZ and the Customer will hereinafter be referred to collectively as the “ Parties ” and individually as the “ Party ”.

1. DEFINITIONS

Service(s): This refers to the promotion of Products through the Website and their sale to the Customer.

Personal Data: Refers to any information relating to a natural person whose identity is determined or identifiable as defined in the Personal Data Protection Law No. 6698 (“ KVKK ”).

Product(s): Refers to all kinds of products offered for sale on the Website.

Member Information: It refers to all personal data, information, photographs, videos, ideas, expressions, comments, scores, correspondence and other content uploaded and provided during registration to the Website or while using the Website.

Membership Form: It refers to the form filled out by the Customer in order to become a member of the Website and become a party to this Agreement.

1. SUBJECT OF THE CONTRACT

The subject of this Agreement consists of the use of the services offered by SIM and ROZ through the Website and the determination of the rights and obligations of the Parties in this context.

1. MEMBERSHIP ACCOUNT
2. The Customer will create a membership through the Website using an email account. The Customer cannot create more than one membership with the same email address.
3. The Customer accepts, declares and undertakes that all information provided by him/her when registering to the Website is accurate and complete, not false, that he/she is responsible for any and all damages and losses that may arise from the falsehood or inaccuracy of this information, and that he/she will compensate SIM and ROZ for any and all damages that may be incurred in this regard.
4. In order for Products sold through the Website to be delivered on time, the Customer must fill out membership information accurately and completely. SIM & ROZ cannot be held responsible for any delays or disruptions in the Services, including delivery, that may occur as a result of incorrect or inaccurate membership information.
5. The Customer accepts and undertakes that the Member Information will not be contrary to law, morality, and third parties' intellectual and industrial property rights, including but not limited to the right to privacy and personality rights, will be in compliance with the KVKK and relevant legislation, and will not contain personal data of third parties.
6. COMMERCIAL ELECTRONIC MESSAGES
7. Customer agrees that, upon registration to the Website or subsequently, Customer may receive commercial electronic messages for marketing and promotional purposes, subject to Customer's consent pursuant to Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communications and Commercial Electronic Messages. Customer reserves the right to unsubscribe from these messages at any time, free of charge, and not receive marketing and informational messages.
8. SIM and ROZ is obliged to keep all approvals and records given to it by the Customer regarding the sending of marketing and promotional electronic messages for a period of 3 (three) years from the date of expiration of the approval, and other records related to commercial electronic messages for a period of 3 (three) years from the date of registration.
9. RIGHTS AND OBLIGATIONS OF THE PARTIES
10. By filling out the Membership Form and becoming a member of the Website, the Customer declares that he/she has read, understood and accepted the provisions of this Agreement.
11. SIM and ROZ may continue to provide services to Customers under a different domain name, provided that the quality of the Services offered by the Website subject to this Agreement is not compromised.
12. The Customer accepts and undertakes to keep confidential and not to share with third parties the information obtained while using the Services through the Website, in accordance with this Agreement and other agreements and policies on the Website.
13. Customer, Website is obligated to take the necessary precautions to ensure the confidentiality of its membership, membership information, and password. Legal liability arising from the access of its membership password to third parties rests entirely with the Customer. All direct or indirect damages incurred by third parties and/or SIM and ROZ as a result of the access of its membership password to third parties will be covered by the Customer.
14. The email address, name, surname, and all other information provided by the Customer when registering, as well as all information obtained as a result of other transactions conducted by the Customer through the Website, constitute personal data. SIM and ROZ fulfills its obligation to inform the Customer in accordance with the Personal Data Protection Law when collecting personal data from the Customer and, if necessary, obtains their explicit consent. It is the Customer's responsibility to read the Information Text on the Processing of Personal Data available on the Website.
15. SIM and ROZ may request explicit consent to process certain Customer data in accordance with the Information Notice on the Processing of Personal Data displayed on the Website. In such cases, the Customer is informed through the Information Notice on the Processing of Personal Data and may freely decide whether to provide explicit consent.
16. The membership account is personal to the Customer who created it, and the Customer will not allow a third party to use their membership account or use the membership accounts of other customers. The Customer acknowledges, represents, and undertakes that any transactions and actions performed using their username and password will be deemed to have been performed by them, that they are responsible for the transactions and actions, that they may not assert any defense and/or objection claiming that they did not perform the transactions and actions, and/or that they may not refrain from fulfilling their obligations based on such defense or objection, and that SIM & ROZ has no liability in this regard.
17. Credit and debit card information used by the Customer in payment transactions made through the Website cannot be viewed or stored by SIM and ROZ in any way without the Customer's consent.
18. Services available for purchase through the Website may be limited by criteria such as "stock" quantities. Because it's possible to place separate orders simultaneously with online product/service purchases, the relevant Product may be out of stock before the Customer purchases it. Therefore, SIM and ROZ cannot guarantee that every Product offered for sale through the Website will be available for purchase by the Customer.
19. SIM and ROZ complies with Law No. 6563 on the Regulation of Electronic Commerce, the Consumer Protection Law, the Distance Selling Regulation, and other relevant legislation regarding the services it provides. It determines its sales conditions and Customer rights accordingly. The Customer's legal rights regarding the purchase will also be presented on the payment screen during the purchase. Product selection and a preliminary information form regarding the product to be purchased will then be sent to the Customer electronically.
20. SIM and ROZ is a hosting provider within the meaning of Law No. 5651 regarding the ideas and opinions expressed, written, or used by the Customer on the Website. It has no obligation to monitor the ideas and opinions expressed, written, or used by the Customer. All liability arising from any ideas and opinions expressed, written, or used by the Customer on the Website rests with the Customer. SIM and ROZ has no liability for any damages that third parties may incur due to the Customer's statements, nor for any damages that the Customer may incur due to the statements of third parties.
21. SIM and ROZ keeps logs when the Customer registers on the Website and makes product purchases, in accordance with Law No. 5651 and other relevant legislation. These records are not shared with any institution or organization except for legal reasons.
22. The Customer accepts, declares and undertakes that it will use the Website and the content, materials and elements on the Website in accordance with this Agreement, the provisions of relevant legislation and ethical rules, that it will be solely responsible for any legal and criminal liability that may arise from any non-compliance with its use, and that if SIM and ROZ detects any non-compliance, it will have the right and authority to restrict, block, suspend or terminate the Customer's membership, partially or completely, without prejudice to all claims, lawsuits and pursuit rights. The actions listed below can be cited as examples of non-compliance;
23. Causing any damage to SIM and ROZ, the Website and/or third parties while performing transactions on the Website,
24. Using the Website in whole or in part for the purpose of disrupting, altering and/or reverse engineering,
25. Carrying out transactions using false information or someone else's information, creating fake Membership accounts using false or misleading personal data and using these accounts in a manner contrary to this Agreement, applicable legislation and/or ethical rules, using another Customer's account without permission,
26. Using any other technology, malware or virus that may harm the Website, the Website's database or any content on the Website,
27. Using the Website in a way that negatively impacts Customers' Website experience, or attacks the personal or property rights of other Customers.
28. FORCE MAJEURE

Circumstances that do not exist and are unforeseeable at the time this Agreement is signed, that develop beyond the control of the Parties, and that make it impossible for either Party to partially or fully fulfill its obligations and responsibilities undertaken under the Agreement or to fulfill them on time (such as natural disasters, epidemics, war, terrorism, riots, mobilization, seizures, strikes, lockouts, decisions and practices of the Turkish Government that prevent the execution of the work) will be considered as force majeure (“ Force Majeure ”).

In cases of Force Majeure, the Parties cannot be held responsible for failure to partially or completely fulfill the provisions of the Agreement.

1. DISPUTE RESOLUTION AND APPLICABLE LAW

Istanbul Çağlayan Courts and Enforcement Offices shall have jurisdiction over any disputes arising from the implementation of this Agreement and Turkish law shall apply.

1. MISCELLANEOUS PROVISIONS
2. If any provision or provisions of this Agreement are held invalid or unenforceable for any reason whatsoever, in violation of applicable law, the other provisions of this Agreement shall remain valid and in effect. In such a case, the Parties shall use their best efforts to replace the invalid or unenforceable part or provision with a new provision or section that serves the purpose of the invalid part or provision.
3. Electronic correspondence records such as e-mails, instant messages, server records from which the Customer receives service, SIM and ROZ's server records, all digital evidence and faxes made between the Parties and by the Parties' authorities are considered as legally valid evidence and accepted as evidence within the context of procedural law.
4. All intellectual and industrial property rights to the word/phrase, shape, color, and brand "SIM and ROZ," as well as any slogan, design, website design, software, domain name, code, or other identifying/distinctive name or sign used on the Website, belong to SIM and ROZ. The Customer may not use, share, distribute, copy, reproduce, or otherwise use any of these or similar identifying/distinctive names and signs subject to intellectual and industrial property rights in a way that creates a commercial effect without the prior consent of SIM and ROZ. If the Customer acts in a way that violates the intellectual and/or industrial property rights of third parties and/or SIM and ROZ or damages its commercial reputation, the Customer is obligated to compensate SIM and ROZ and/or third parties for any damages incurred.

This Agreement consists of 9 (nine) main articles and has been executed electronically between the Parties in one (1) copy. The Customer may access a copy of the Agreement on the Website.

The above-mentioned terms of use are approved by the Customer upon completion of the membership process.