1. This Membership Agreement (“Agreement”) is signed by
Marasiel Elektronik Ticaret ve Lojistik Hizmetleri Anonim Şirketi (hereinafter
referred to as “LinkinCard”), whose head office is at Cumhuriyet Mahallesi
İncirli Dede Caddesi No 4 Kat 22 Şişli İSTANBUL, numbered 0612125241000001
MERSIS, and www.linkincard. The user who is a member of the .com website
(“Portal”) [●] T.C. It has been mutually accepted and entered into force
between [●] (hereinafter referred to as "Member") residing at the
address [●] with Identity Number [
2. LINKINCARD and the Member shall be collectively referred
to as the "Parties".
2. SUBJECT and Scope
The subject of this Agreement is the determination of the
services offered on the Portal within the scope of membership, the conditions
for benefiting from these services and the determination of the rights and
obligations of the Parties.
1. Portal: It is the website where LINKINCARD and its
Suppliers offer their services, under the domain name www.linkincard.com and
all rights belonging to LINKINCARD, consisting of sub-domains connected to this
2. LINKINCARD: The intermediary service provider that
provides the electronic commerce environment in accordance with the Law No.
6563 on the Protection of Electronic Commerce within the scope of the services
provided through the Virtual Stores on the Portal.
3. Member : www. He filled out the form on linkincard.com
and said, "I have read and understood the Membership Agreement and I
accept what is written." checked the box at the beginning of the statement
and click Next or Save and Continue or Save and Exit or Submit or Continue etc.
A real person who has completed the registration process by clicking the
4. Service: All kinds of online economic and commercial
services carried out within the framework determined on the Portal.
5. Supplier: The legal entity that provides services for all
kinds of activities in the Portal, is obliged to provide services in accordance
with its commitments, and has the right and authority to conclude an additional
contract for the service to be provided in case of an agreement with the Member
under this Agreement, and on behalf of this person within the scope of the
Portal persons who have the right and authority to carry out and provide the
6. Payment System: A system for collecting the fee paid by
the Member for the services provided by the Supplier to the Member through the
Portal, under the terms and conditions set forth in this Agreement.
2. RIGHTS AND OBLIGATIONS
1. The Member declares that he/she has the legal right,
authority and legal capacity to conclude a binding contract, including but not
conditions of this Agreement, within the scope of the relevant laws applicable
to the use of the Portal. accepts and undertakes. In order to become a member,
it is required that the membership has not been canceled before in accordance
with the provisions of this Agreement. Persons who do not have the authority to
conclude this Agreement or whose membership has been canceled before, have
completed the membership registration process and approved this Agreement, will
not result in membership. The membership of the Member, who is determined not
to have the authority to conclude this Agreement and whose membership has been
canceled before, shall be canceled immediately without any notice. LINKINCARD
has no responsibility for the wrong statement given by the member.
2. The Member, for the establishment of this Agreement, enters
the requested membership information and the password to be determined by the
Member, and gives the approval and / or permissions specified in the form,
"Registration" etc. He knows that pressing the button is sufficient
for the establishment of this Agreement and declares and accepts that he
expressly consents to the establishment of this Agreement between LINKINCARD
and himself. With this approval, the Member accepts and declares that he has
read the entire Agreement, fully understands its content, and accepts all its
provisions. 3. The Member states that the information provided both during the
membership phase and within the scope of the service to be provided on the
Portal is correct and up-to-date, and that LINKINCARD is not responsible for
the Member's false statements. agrees and undertakes that it will immediately
4. By accepting the Agreement, the Member shall be deemed to
have accepted all kinds of statements regarding the use, membership and
services in the Portal.
5. Following the acceptance of this Agreement, the Member is
obliged to send any document requested by LINKINCARD to the firstname.lastname@example.org
6. LINKINCARD will control the service provided by the legal
entities using the Portal through the Virtual Stores, and will play a helpful
role in resolving any possible dispute between the Supplier and the Member, as
a Trusted Addressee.
7. The member declares and accepts that in order to benefit
from the services offered by the Portal during his membership, an additional
agreement can be made to receive services within the scope of the business
model carried out on the Portal, that the agreements made and the
non-conflicting provisions of the Membership Agreement will find an application
area, and that additional information and documents can be requested from him.
it does. The Member accepts and declares that LINKINCARD's responsibility will
be eliminated with these additional agreements to be concluded.
8. The Member accepts and declares that the additional
agreements to be concluded will only bind the parties to the agreement, and
that LINKINCARD does not / cannot be a party in these additional agreements. In
this respect, LINKINCARD is held responsible for any deficiencies or
non-performance of the services arising from these additional agreements and
required to be fulfilled by the parties of the contract, and for any damage,
loss or loss arising from any dispute between the parties, including but not
limited to, LINKINCARD may request compensation for damages. Exclusive
responsibility for these matters will belong to the parties to the contract.
9. The Member shall not act contrary to the services on the
Portal and the way the Portal works, and is also obliged to refrain from acts
that will manipulate the Portal, campaigns, discounts and any similar services
specific to the Portal.
10. LINKINCARD is not responsible for the authenticity,
accuracy and timeliness of any service, advertisement, visual or written
content in the Virtual Stores and published by the Suppliers, and LINKINCARD
has no obligation to control these contents. However, LINKINCARD reserves the
right to control the content it encounters during the control phase of the
Portal or during the improvement processes it performs on the Portal, and to
close the relevant content and/or stop the broadcast in case of an unlawful and
unethical content shared in the related content. 11. Following the Member's
non-compliance with the obligation to carry out the activity carried out on the
Portal in accordance with the determined rules and principles, any content,
announcement and/or suspension of the broadcast, deletion of the membership or
the closure of the Virtual Store, etc. It is not possible to claim a damage
from LINKINCARD or to recourse any damage/cost to LINKINCARD.
12. In the event that the activity performed through the
Virtual Store is terminated by the Supplier, which is the owner of the Virtual
Store, the Supplier shall be solely responsible for the collection of any
direct or indirect damages incurred by the Member due to the closure of the
Virtual Store. No fee will be charged. With this; The closure of the Virtual
Store by LINKINCARD or directly by the Supplier shall not prevent the Supplier,
the owner of the Virtual Store, from carrying out its activities against the
13. During the membership period, the Member, while
benefiting from the services offered by the Portal and performing any
transaction related to the services of the Portal, must comply with all the
conditions in this Agreement, the rules specified in the relevant parts of the
declares and undertakes to act in accordance with the legislation. Otherwise,
all legal and penal liabilities to arise will completely and exclusively bind
the Member, and LINKINCARD will not be held responsible for them in any way.
14. Pursuant to this Agreement signed between the Parties,
both Parties agree to process the personal data they have collected or obtained
from the other Party during the performance of the Agreement in accordance with
the Personal Data Protection Law No. accepts, declares and undertakes that they
will respect the fundamental rights and freedoms of the persons concerned and
the right to the protection of their personal data.
15. Personal data refers to all kinds of data belonging to a
real person that makes the identity specific or identifiable, and the Parties
accept, declare and undertake that they will take all kinds of technical and
administrative measures to ensure the data security of the personal data shared
in order to benefit from the Portal and services in accordance with this
16. The member will use the personal data obtained from the
Portal provided by LINKINCARD regarding third parties only for the performance
of the contract between the parties, will not process the said personal data
for other purposes and will not transfer it to third parties in any way, and
will not use any technical and administrative data to ensure the security of
personal data. agrees to take action. The right of recourse to the Member for
any and all damages incurred by LINKINCARD due to the violation of this
provision is reserved. 17. The Member accepts that the personal data and other
information provided to LINKINCARD may be shared with third parties, limited to
the purpose of the performance of this Agreement and other legal obligations.
18. The "username", "password" etc. used
by the Member to login to the Portal. information is specific to the Member; It
is the Member's sole responsibility to ensure that this information is secure,
stored and not learned by third parties. The Member himself will be responsible
for the damages incurred or to be incurred by the Member, other Members,
LINKINCARD or third parties due to all the negligence and faults of the Member
in these matters. In the event that LINKINCARD determines that Member
information is used by third parties, LINKINCARD may cancel the membership
without any notification. In addition, LINKINCARD agrees that it will take the
necessary technical and administrative measures to ensure all kinds of security
of its systems. In case of breach of data security by damaging the technical
and administrative measures taken by LINKINCARD due to the negligence, fault or
willful behavior of the Member, LINKINCARD has the right of recourse to the
Member for any and all damages it may suffer for this reason.
19. The Member may not transfer this Agreement or its rights
and obligations under this Agreement, partially or completely, to any third
20. Even though LINKINCARD has taken measures to ensure that
the Portal is free of viruses and similar software, the Member declares and
accepts that in order to ensure ultimate security, the Member must supply its
own virus protection system and provide the necessary protection. In this
context, the Member shall be deemed to have accepted that he/she is solely
responsible for all errors that may occur in his/her software and operating
systems and their direct or indirect consequences by entering the Portal. In
this case, LINKINCARD reserves the right of recourse to the Member in terms of
21. The Member may not use the Portal in any way that
disrupts public order, violates public morals, disturbs or harass others, or
infringes on the intellectual and copyright rights of others for an unlawful
purpose. In addition, the Member cannot engage in activities (spam, viruses,
trojan horses, etc.) and actions that prevent or make it difficult for others
to use the services.
22. The ideas and thoughts declared, written and used by the
Members on the Portal are the personal opinions of the Members and bind the
opinion holder. These views and thoughts have no interest or connection with
LINKINCARD. LINKINCARD cannot be held responsible in any way for the damages
that may be incurred by third parties due to the ideas and opinions expressed
by the Member, and for the damages that the Member may suffer due to the ideas
and opinions declared by the third parties. LINKINCARD has the right to delete
and edit these views and comments at any time.
23. The software and design of the Portal and any content
created by LINKINCARD with the Makinagetir brand, all registered and
unregistered rights and intellectual property rights related to them are the
property of LINKINCARD. LINKINCARD's copyright and/or other intellectual
property rights regarding these are protected by relevant laws, and they cannot
be used, acquired, reproduced or changed by the member without permission.
Other companies and products mentioned on the Portal are trademarks of their
owners/suppliers and are also protected under intellectual property rights.
LINKINCARD and the third party reserve the right to apply to the Member for the
compensation of such violations in case of a behavior that constitutes a
violation of the listed rights. 24. LINKINCARD reserves the right to change the
content of the Portal, to change or terminate any service provided to the
members, or to delete the user information and data registered in the Portal,
to cancel the membership or to temporarily suspend the membership at any time.
25. The right to determine the systematic use of the Portal
and to determine and change the scope, nature of the services to be provided on
the Portal belongs exclusively to LINKINCARD, and LINKINCARD reserves the right
to make any changes in this regard. The MEMBER is obliged to use the Portal
within the systematic framework determined by LINKINCARD.
26. The campaign and the advantageous content and services
prepared by LINKINCARD for certain periods may be subject to certain conditions
in terms of date and quota. LINKINCARD has the exclusive right and authority to
make all kinds of arrangements and changes regarding these periods. It is not
possible to change the selected campaign and advantageous services.
27. Changes to be made by LINKINCARD on the Portal or the
campaigns and other services on the Portal will be deemed to have been put into
effect by being published on the Portal, and the provisions that have not been
changed will remain in effect.
28. LINKINCARD has the right to suspend or stop the Portal
at any time without limitation for any period of time. Announcements regarding
the improvement and update activities to be carried out in this context and the
suspension or suspension of the Portal will be announced in writing on the
Portal before the mentioned issues find application area in the Portal or an
information mail will be sent to the e-mail address of the Member. LINKINCARD
will not have any responsibility even if the Member suffers any damage due to
this matter, which is at the discretion of LINKINCARD.
29. The member has the right to terminate his membership at
any time. However, even if the Member terminates his membership, he will be
responsible for the damages and violations he has caused during the membership
30. In the event that the Member causes a breach of the
Agreement, LINKINCARD reserves the right to claim for direct or indirect
damages arising from this breach.
1. FINANCIAL PROVISIONS
1. Payment will be made under the following conditions as a
result of the unconditional collection of the service supply fee from the
Member. In case of any change or innovation in the Portal that causes changes
parties will be notified in writing. Unless the Parties make a statement to the
contrary, it will be deemed that the Parties have consented to these
2. After deducting the fees that LINKINCARD is entitled to
from the service fee, LINKINCARD will invoice the Supplier for this amount, the
relevant fee will be paid to the Supplier's bank account on the last business
day of the month following the invoice date, and then the Supplier will send
the relevant fee to the Member. An invoice will be issued for the service
charge. 2. TERMINATION OF THE AGREEMENT
1. In the event that one of the parties violates its
obligations set forth in this Agreement or fails to fulfill its obligations,
the Parties may terminate this Agreement immediately, without notice and
unilaterally, without prejudice to their rights arising from the Agreement.
2. Despite the existence of an additional contract concluded
between the Member and the Supplier, even if this Agreement is terminated due
to the Supplier's failure to fulfill its obligations or the occurrence of a
situation that cannot fulfill the required service under the Contract, within
the scope of the service provided on the Portal until the termination of
LINKINCARD. The right to demand the price it is entitled to from the relevant
parties is reserved.
1. GENERAL PROVISIONS
1. The validity, interpretation and performance of this
Agreement are subject to the laws of the Republic of Turkey and Istanbul
Consumer Arbitration Committees and Istanbul Central Courts and Enforcement
Offices are authorized to resolve any disputes that may arise from the
2. In any dispute that may arise between the Parties
regarding the transactions related to this Agreement, the books, records and
documents of the Parties, as well as computer records, e-mail records and
electronic information will be accepted as evidence in accordance with the Law
on Civil Procedure No. 6100, and the Member will object to these records. He
admits he won't.
3. The failure of one of the parties to use/not use any
right in the Contract shall not constitute a waiver of such right; this will
not prevent the exercise of the right in question.
1. All notifications to be sent to the parties related to
this Agreement will be made by LINKINCARD via the e-mail address specified in
the Portal and the e-mail address specified by the Member in the membership
form. The member accepts that the address he/she specified while becoming a
member is a valid notification address, that he/she will notify the other party
in writing within 5 (five) days in case of change, otherwise notifications to
this address will be deemed valid.
2. The Member declares, accepts and undertakes that he has
read, understood, accepted all the articles in this Agreement and approved the
accuracy of the information he has given.
This Agreement, which consists of 8 (eight) articles, is
deemed to have been concluded as soon as the Member's membership process is
completed and begins to have its provisions and results.