1. PARTIES

This Membership Agreement (“Agreement”) on the one hand Esentepe Mah. Matbuat Sok. No:10 Matbuat Sok. No:1 Şişli/İstanbul (“Just Lika”) and the real or legal person (“Customer”) who becomes a member of the website named “www.justlika.com” (“Website”) by filling out the Membership Form has entered into force after being approved electronically on the following terms and conditions.

Just Lika and the Client are hereinafter collectively referred to as “Parties” and individually as “Party”.

  1. DEFINITIONS

Service(s)        : It refers to the realization of the promotion of the Products through the Website and offering them for the sale of the Customer.

Personal Data        : Means any information relating to a natural person whose identity is defined in the Law No. 6698 on the Protection of Personal Data (“KVKK”).

Member Information       :It refers to personal data, information, photographs, videos, ideas, expressions, comments, points, correspondence and all other content uploaded and provided during registration on 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 to become a party to this Agreement.

  1. SUBJECT OF THE CONTRACT

The subject of this Agreement consists of utilizing the services offered by Just Lika through the Website and determining the rights and obligations of the Parties in this context.

  1. MEMBERSHIP ACCOUNT
    • The Customer shall create a membership with an e-mail account via the Website. The Customer cannot create more than one membership with the same e-mail address.
    • The Customer accepts, declares and undertakes that all the information he/she has provided while becoming a member of the Website is true and complete, not fake, that he/she is responsible for any damages and losses that may arise from the fact that this information is fake or not in accordance with the truth, and that Just Lika will indemnify any damages that Just Lika may incur in this direction.
    • In order for the Products sold through the Website to be delivered on time, the Customer must fill in the membership information truthfully and completely. Just Lika cannot be held responsible for delays and disruptions that may occur in terms of Services, including delivery, as a result of incorrect or incorrect filling of membership information.
    • The Customer accepts and undertakes that the Member Information will not be contrary to the law, morality and intellectual and industrial property rights of third parties, including but not limited to the right to privacy and personal rights, will comply with the KVKK and the relevant legislation, and will not contain personal data of third parties.
  2. COMMERCIAL ELECTRONIC COMMUNICATIONS
    • During or after becoming a member of the Website, the Customer agrees that commercial electronic messages for marketing and promotional purposes may be sent to the Customer upon approval by the Customer in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages. The Customer has the right to opt out of these messages free of charge at any time and not receive marketing and informational messages.
    • Just Lika has the right to keep all approvals and records given by the Customer regarding the sending of marketing and promotional electronic messages for 3 (three) years from the date of expiration of the validity of the approval, and other records of commercial electronic messages for 3 (three) years from the date of registration.
  3. RIGHTS AND OBLIGATIONS OF THE PARTIES
    • By becoming a member of the Website by filling out the Membership Form, the Customer declares that he / she has read, understood and accepted the provisions contained in this Agreement.
    • Just Lika may continue to serve Customers with a different domain name, provided that it does not harm the quality of the Services offered by the domain name justlika.com subject to this Agreement.
    • The Customer accepts and undertakes that the information obtained while using the Services through the Website will be kept confidential and will not share it with third parties in accordance with other agreements and policies on the Website of this Agreement.
    • The Customer is obliged to take the necessary measures for the confidentiality of the membership account, Membership Information and password. The legal liability arising from the loss of the membership password to third parties shall be borne entirely by the Customer. All direct or indirect damages incurred by third parties and/or Just Lika as a result of the access of the membership password by third parties shall be borne by the Customer. In the event that Just Lika pays compensation to third parties in any way as a result of the Customer’s breach of this obligation or a fine is imposed against Just Lika, it may recourse to the Customer for all damages incurred.
    • The e-mail address, name, surname and all other information provided by the Customer while becoming a member and all data to be obtained as a result of other transactions carried out by the Customer through the Website are personal information and Just Lika fulfills its obligation to inform the Customer in accordance with the Law No. 6698 on the Protection of Personal Data during the collection of personal data from the Customer and obtains his/her explicit consent if necessary. The Customer shall read the Clarification Text on the Processing of Personal Data shown to him/her during the completion of the forms on the Website and during the first visits to the Website via a specific IP address.
    • Just Lika may request explicit consent to process certain data belonging to the Customer in accordance with the Clarification Text on the Processing of Personal Data displayed on the Website. In these cases, the Customer is informed through the Clarification Text on the Processing of Personal Data and decides whether to give explicit consent of his/her free will.
    • The membership account is exclusive to the Customer who creates this account and the Customer shall not make his/her membership account available to a third party and shall not use the membership accounts of other customers. The Customer accepts, declares and undertakes that the works and transactions carried out using the username and password belonging to him/her shall be deemed to have been carried out by him/her, that the responsibility arising from the works and transactions belongs to him/her, that he/she cannot assert any defence and/or objection that he/she did not carry out the works and transactions and/or cannot avoid fulfilling his/her obligations based on this defence or objection and that Just Lika shall not have any responsibility in this regard.
    • Credit and debit card information used by the Customer in payment transactions carried out through the Website cannot be viewed and stored by Just Lika under any circumstances.
    • Services to be purchased through the Website may be limited by “stock” quantities, etc. criteria. Due to the possibility of taking different orders simultaneously with the online purchase of products/services, the relevant Product may be sold out before it is purchased by the Customer. Therefore, Just Lika does not guarantee that every Product offered for sale through the Website can be purchased by the Customer.
    • Just Lika determines the conditions of sale and the rights of the Customer in accordance with the Law No. 6563 on the Regulation of Electronic Commerce, the Law on Consumer Protection, the Regulation on Distance Sales and other relevant legislation. The legal rights of the Customer regarding the purchase will also be presented on the payment screen during shopping. The product selection and the preliminary information form regarding the product to be purchased will be sent to the Customer electronically.
    • The Customer shall take the necessary measures for the confidentiality of justlika.com membership, membership information and membership password. The legal responsibility arising from the access of the membership password by third parties belongs entirely to the Customer. Just Lika does not have any responsibility for all direct and indirect damages that the Customer may incur as a result of the membership password falling into the hands of third parties, and Just Lika may recourse to the Customer in the event that the Customer pays any compensation due to the Customer’s membership information or password falling into the hands of third parties.
    • Just Lika has the title of hosting provider in the sense of Law No. 5651 within the scope of the ideas and thoughts declared, written and used by the Customer through the Website, and has no obligation to control the ideas and thoughts declared, written and used by the Customer. The responsibility that may arise from all kinds of ideas and thoughts declared, written and used by Customers on the Website belongs to the Customer. Just Lika has no liability for any damages that may be incurred by third parties due to the statements of the Customer and any damages that may be incurred by the Customer due to the statements of third parties.
    • The Customer who violates any of the articles listed in this Membership Agreement shall be criminally and legally responsible for this violation and shall immunize Just Lika from the legal and criminal consequences of these violations. In addition; Due to the violation, Just Lika reserves the right to claim compensation against the Customer for non-compliance with the Membership Agreement if the incident is transferred to a judicial or administrative investigation, prosecution or trial.
    • Just Lika keeps log records in accordance with the provisions of Law No. 5651 and other relevant legislation while the Customer becomes a member and purchases products on the Website. Such records are not shared with any institution and organization except for legal reasons.
    • The Customer accepts, declares and undertakes that he/she will use the Website and the content, materials and elements on the Website in accordance with this Agreement, the provisions of the relevant legislation and the rules of ethics, that the legal and criminal liability that may arise from any contrary use will be his/her own, and that Just Lika will have the right and authority to partially or completely restrict, block, suspend or terminate the Customer’s membership, without prejudice to any claims, lawsuits and follow-up rights, if Just Lika detects a contrary use. The following actions can be shown as examples of non-compliant use;
  4. Damage to Just Lika, the Website and/or third parties in any way while performing transactions on the Website,
  5. Use of all or part of the Website for the purpose of disruption, modification and/or reverse engineering,
  • Making transactions using false information or someone else’s information, creating unreal Membership accounts by using false or misleading personal data and using these accounts in violation of this Agreement, applicable legislation and / or ethical rules, unauthorized use of another Customer’s account,
  1. Use of any other technology, malware or virus that damages the Website, the database of the Website, any content on the Website,
  2. Use of the Website in a manner that will negatively affect the Website experiences of the Customers, attacks on the personality and property rights of other Customers.    
  3. FORCE MAJEURE

Any unforeseen circumstances (such as natural disasters, epidemics, war, terrorism, riots, mobilization, seizure, strike, lockout, decisions and practices of the Turkish Government preventing the execution of the work) that are not available and unforeseeable at the time of signing of this Agreement, which are beyond the control of the Parties, and which make it impossible for any of the Parties to fulfill their obligations and responsibilities under the Agreement partially or completely or to fulfill them on time shall be deemed as force majeure (“Force Majeure”).

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

  1. DISPUTE RESOLUTION AND APPLICABLE LAW

Istanbul Çağlayan Courts and Enforcement Offices shall be competent for the resolution of any dispute arising from the implementation of this Agreement and Turkish law shall apply.

  1. MISCELLANEOUS PROVISIONS
    • If any provision or provisions of this Agreement is or become invalid or unenforceable in any way if it is contrary to applicable law, the other provisions of the Agreement shall remain in full force and effect. In such event, the Parties shall use their best efforts to replace the invalid or unenforceable section or provision with a new provision or section that is consistent with the purpose of the invalid section or provision.
    • Electronic correspondence records such as e-mails, instant messages, server records from which the Customer receives service, server records of Just Lika, all digital evidence and faxes made between the Parties and by the officials of the Parties are considered legally valid evidence and accepted as evidence in the context of procedural law.
    • All kinds of intellectual and industrial property rights of Just Lika word/phrase, shape, color and trademark and all kinds of slogans, designs, website designs, software, domain names, codes and other identifying/distinguishing names and signs used on the Website shall belong to Just Lika. The Customer may not use, share, distribute, copy, reproduce or otherwise use the distinguishing/identifying name and sign subject to these and similar intellectual and industrial property rights in a way to create a commercial effect without the prior permission of Just Lika. In the event that the Customer acts in a way that violates the intellectual and/or industrial property rights of third parties and/or Just Lika or damages its commercial reputation, the Customer is obliged to compensate any damages incurred by Just Lika and/or third parties.

This Agreement consists of 9 (nine) main articles and has been concluded between the Parties in 1 (one) copy electronically. The Client will be able to access a copy of the Agreement at www.justlika.com.

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