Terms of Use and Membership
MEMBERSHIP AGREEMENT
PARTIES
This Membership Agreement is drawn up between SAMM Teknoloji İletişim San. ve Tic. A.Ş. conducting activities of telecom.samm.com internet site with mernis (central civil registration system) number 0-7420-3002-2000011, registered to Gebze Chamber of Commerce with 22448 trade register number and having its center at the address of Gebze Organize Sanayi Bölgesi (GOSB) İhsandede Cd 800 Sok No:802, 41400 Gebze-Kocaeli and the MEMBER for determining conditions related to utilizing services provided by SAMM e – commerce site.
Hereupon in the Agreement, e-commerce site publishing with telecom.samm.com domain name is going to be referred to as "SITE" and people who are members of telecom.samm.com internet site are going to be referred to as "MEMBER".
PURPOSE AND SCOPE OF THIS CONTRACT
Purpose and scope of this agreement is to enable the member to benefit from telecom.samm.com internet site owned by SAMM Teknoloji, perform membership procedures, specify site usage conditions and detect right and liabilities of the Parties.
SAMM Teknoloji İletişim San. ve Tic. A.Ş. always unilaterally has the right to determine terms of use of the site.
RIGHTS AND LIABILITIES OF PARTIES
Everyone who is a major could fill in the membership form properly and be a site member by accepting agreement terms. For gaining the membership status, application should be approved by the site. Membership status starts by completion of approval process and notification to the member.
SITE membership is personal. It could not be assigned to someone else.
Personal information and other information including e-mail address and telephone number submitted while becoming a member of the site shall belong to the member under the law and shall be accurate and active. Site is not responsible for errors to be occurred due to false declaration of contact information by the member. Member declares and undertakes to exactly and immediately indemnify all losses suffered by SAMM Teknoloji due to misstatement of this information. Member accepts that information provided to the site by the Member is not saved by the SITE as contrary to the facts and law.
When login to the system and for all written and verbal communications related to the membership; contact information submitted while becoming a member shall be taken as a basis.
Name, surname notified by the member during membership application and other information taken in terms of security shall not be modified by the member. Personal information apart from these could be modified by the member via internet site or Customer Services. For modification of required information by Customer Services; Member should pass the security check of Customer Services without any problems and confirm his/her credentials.
Member shall not submit the password granted to him/her by SAMM to another person or institution and permission to use the said password shall belong to the member in person. Against all claims and requests to be brought forward by third parties or competent authorities against SAMM Teknoloji and all liabilities to be emanated due to this reason; SAMM Teknoloji reserves the right to indemnity and other right to demand originated from the said unauthorized use.
Member accepts knowing that writings and telephone calls with the Customer Services are being recorded by the SITE for providing a better service and operation security and giving the consent for storage of these records. Site reserves the right of not accepting membership application of a person who wants to benefit from the service subject to this Agreement. SITE has the right to terminate the membership in case deemed necessary by giving a justification. Member accepts this in advance. Terminated membership information is continued to be stored in database of the Site within the time period to be specified by the Site. SAMM reserves the right to change this SITE, terms of use of this site, information presented in the site and all kinds of service, product campaign, etc. information available at SITE extension, reserves the right to edit the Site and its content, stop and/or pause publishing without requiring a prior notice. Changes enter into force following their publication at the site. These changes shall be deemed accepted by login to the site or using the site. These conditions are also valid for other web pages whose links are given. SAMM refuse any responsibility in case of and regarding interruption of the process, error, neglect, interruption, deletion, loss, delay of the process or communication, computer virus, communication failure, theft, destruction or unauthorized access, change or use of records/registries as a result of breach of agreement, tort, negligence or other reasons. Member has the right to close membership account unilaterally with a notice. Member could request termination of his/her membership by sending a written request regarding termination of membership to site Customer Services. When processes related to termination of the membership are completed by the site following the notification of the said request, membership will be ended. Terminated membership could be reactivated by applying to customer services. Similarly, our Company could terminate/suspend the memberships due to various reasons. Member accepts and undertakes that by accepting terms of this agreement; both site and competent authorities has the right to query all kinds of personal information provided by the member and actions taken by the member during utilization. Everyone who made a membership application declare, accept and undertake that he/she read and accepted all provisions of this agreement and this agreement shall become obligatory for himself/herself in accordance with the law and his/her will. Site is not responsible for incorrect prices displayed due to system failures and miswriting. Shipment/courier fee and other services are not included to the product price. In case of shopping via credit card or debit cards, SITE is not responsible for bank charges and stoppages.
Time of processing of the orders realized via Bank Wire Transfer and EFT is the time when payment is entered to account of the site.
In case product is out of stock; Site has the right of not delivering the product by informing the Member. In case of procurement problems, if order was given via Bank Wire Transfer; only product prices will be refund.
SITE is responsible for completely delivering the product. Member shall be responsible for checking the product on delivery and if the product is missing or damaged, an official report shall be taken from the delivery person. Otherwise product shall be accepted as delivered with no problems.
In case Member made shopping via shopping card or debit card, all responsibilities arising from card usage shall belong to the Member. All credit card transactions and approvals during site usage will be realized online between Related bank and similar Card Institutions ant yourself independently of SAMM. (Information such as Credit card "password" is not seen or saved by the Site). In case unauthorized use is notified to the site; if this notification is made before delivery of the order, then order will be canceled and a refund request will be submitted to the bank.
In case of refund request, no cash refund will be made if payment is made via credit card. Refund to used credit card will be made over the bank. In case of refund of payments made with an installment plan based upon credit card, refund payment could be made by installments in line with terms of the bank. SAMM is not responsible for disagreements and delays due to this matter.
Member shall not communicate any illegal, threatening, unsettling, libelous and abusive, insulting, rude, pornographic or immoral information that promotes or creates a local, country-wide or international level situation against the law and which could be criminal and require legal proceedings over any channel of telecom.samm.com. Otherwise all responsibility shall belong to the Member.
Comments are fully under the responsibility of the Member. In case comments of the Member are illegal, damaging the brand, threatening rights and security of other members; site has the right to immediately terminate the membership, make a complaint to related governmental agency and entity, request compensation of losses and damages, take all kinds of measures and precautions that are considered necessary.
SITE is not responsible for content of the sites to which a link is given or a banner is provided. For other sites accessed via the Site, own security-confidentiality policies and terms of use of those sites should be valid; SAMM shall not be responsible for disputes, pecuniary and non-pecuniary damages and losses to be occurred due to using information of mobile applications and web sites accessed for viewing advertisement, banner, content or any other purpose, also ethical principles of sites, confidentiality-security principles, service quality, terms of use and other applications. Members shall be responsible for decisions they have taken within the framework of information obtained by the Member from the Site or other sites/mobile applications whose links are given in the Site, information, introductions and advertisements electronically communicated to the Member and also all kinds of suggestions and all kinds of actions and implementations performed according to them and their results.
Member accepts that file information and documents to be downloaded and/or shared at the site might not be protected against viruses, worms, trojan horses, dialer programs, spam, spyware or other kinds of malicious codes or materials and SITE is not giving any guarantee for these matters. Prevention of these type of malicious programs, codes or materials; providing, maintaining and updating all software and hardware required for restoring any lost data or correctness of data input-outputs shall be under the full responsibility of the MEMBER. SAMM shall not be responsible for any losses to be suffered by the MEMBER or third parties due to data errors or losses to be caused by these type of malicious programs, codes or materials. SAMM shall not be responsible for any losses to be suffered by the MEMBER or third parties due to by these type of malicious programs, codes or materials, data errors or losses.
All kinds of usage rights of all written, illustrated, audio materials with and/or without graphic that are available at Telecom.samm.com internet site shall be reserved. Member accepts, declares and undertakes that services and products provided to himself/herself by the site and all kinds of visual and audial materials related to their presentations are intellectual property of the site and these shall in no way be used and/or made used without written permission of the site, these materials shall not be published, shall not be copied and used at personal internet pages or internet pages open to public use and/or shall not have the right for their marketing. Member undertakes that copyright of software used by the site for providing the service belongs to the site and this software shall in no way be copied, distributed and its usage shall be limited to getting service. In case these materials are used and quoted by the member without knowledge of the Site; Site shall have no responsibility for losses to be incurred. In this case Site reserves the right to recourse the losses and damages to be incurred to the Member and take legal action.
Members shall not publish, post or transmit any information, software or material customized from materials that are commercial or including advertisement, overrides publication rights of someone else, protected by trademark rights or other intellectual property rights or fall into described categories.
Member shall be responsible for deliberate or non-deliberate attacks to the internet site or site database, malicious acts and all kinds of damages to be occurred due to intrusion attempts. Site shall not be kept responsible for membership information to be captured by malevolent users as a result of any attack to Site database or Internet site and results that could occur in case of using this information.
Software and design of telecom.samm.com internet site is owned by SAMM and copyright and/or other intellectual property rights related to them are protected by law and their unauthorized use, acquire and modification by the Member is forbidden. Other companies and products mentioned in this web site are trademarks of their property owners and additionally protected within the scope of intellection property rights.
Within the framework of legal legislation; some information such as name of the Internet service provider and Internet Protocol (IP) address used for access to the Site, date and time of access to the Site, pages accessed while being at the site and Internet address of the Web site enabling direct connection to the SITE could be collected by SAMM for improving and developing telecom.samm.com internet site and/or within the framework of legal legislation. Member accepts and undertakes not to make a request for collecting, sharing, using and archiving abovementioned information.
Connection security to the site shall be under the responsibility of the Member. Secure login, protecting membership information and using secure log out option while logging out from membership account shall be under the responsibility of the Member. In case of a security vulnerability, site shall in no way be responsible from this.
Member accepts and undertakes not to claim any right due to unforeseen system crashes originating from hardware and software, due to service failures that could occur due to errors and deficiencies, due to interruption or resuming of the purchased service. Site shall not be kept responsible for service interruption or outage.
In case other events that are not arising from a failure of the site, that are occurred beyond control and that could not be foreseen such as Rebellion, embargo, government intervention, revolt, occupation, war, mobilization, strike, lockout, employee-employer disagreements including business actions or boycotts, cyber attack, communication problems, infrastructure and internet failures, improvement or renewal works related to the system and failures that could occur due to this reason, power cut, fire, explosion, storm, flood, earthquake, immigration, epidemic or another natural disaster ("Force Majeure") hinder or delay SAMM Teknoloji to fulfill its liabilities arising from this Membership Agreement; SAMM shall not be kept responsible because of hindered or delayed liabilities that could not be fulfilled due to Force Majeure and this situation shall not be accepted as a breach of this Membership Agreement.
APPROVAL PROVISION, VALIDITY AND OTHER TERMS OF THE AGREEMENT
When the Member makes membership registry, this shall mean that the Member read all articles included in the membership agreement and accepted all articles in the membership agreement. With finalization of membership procedures; this agreement is accepted and electronically signed by the parties and entered into force on the date when it is mutually signed.
These articles related to membership agreement could be modified by the Site when required provided that modifications are notified.
This agreement shall remain in force unless membership is not cancelled by the member or membership is not terminated by the site.
Istanbul Anatolian Side Courts and Enforcement Offices are going to be entitled to the settlement of all disputes arising out in connection with this Agreement. Please consult to out Company for getting additional information on these subjects. Our memberships could submit their requests and complaints to our Company via following communication channels;
Address : Gebze Organize Sanayi Bölgesi (GOSB) İhsandede Cd. 800. Sok No: 802, 41400 Gebze-Kocaeli, Turkey
Tel: 0 (262) 677 16 80
Fax : 0 (262) 677 16 81
E-mail telecom@samm.com (Internet Address: telecom.samm.com)
YOUR APPROVAL RELATED TO COMMERCIAL MESSAGES
By concluding this agreement; you are explicitly giving your permission and approval to SAMM Teknoloji İletişim San ve Tic A.Ş. –and/or group companies for legitimately sending you SMS, push notification, commercial electronic messages and other messages via social media and other online networks, automatic search, computer, telephone, fax, e-mail, (if enabled in my device) bluetooth-other wireless networks and other electronic communication tools for the purpose of various introduction, advertisement, promotion, sales and marketing related to all kinds of product and services and also for store card, credit card and membership information, operation and applications.
After completion of the membership process, we will send a message like "your approval is received" etc. to your mobile phone/e-mail address given while becoming a member. Member has the right to stop "commercial electronic communication" by taking the action (rejecting) stated both in the said message and our electronic messages anytime he/she wants without any justification, however communications that are possible by law or which are obligations required to be realized shall continue.
At the site, member who modified any information via member information update processes (including contact information) accepts that their permission given regarding personal data and electronic commercial communication shall also be valid for modified/new information as well, when members who stop commercial electronic communication for any communication channel by changing their communication preferences or applies rejecting process in commercial e-mail messages, take action in membership page as they want to be communicated; without additionally requiring their permission/confirmation and if available without considering their previous rejection notifications, according to their confirmation given here and by another way and however until they change their communication preferences via membership page of the site once again or until they make a rejection notification for any commercial communication in accordance with the procedure, these members are going to continue receiving our commercial e-mails via related channel.
YOUR APPROVAL RELATED TO PERSONAL DATA
As the member, by being informed about all my related legal rights, I here by give my express permission (consent-approval) for automatic/manual procurement, handover, at inland and abroad saving to written/magnetic archives within foreseen durations by not exceeding maximum political durations, storage, protection, make available, usage, update, modification, combining, re-editing, classification, declaration, sharing, (inland-abroad) transfer, processing via transfer and other copies of my personal information such as my name, surname, nickname, age, gender, marital status, area of residence, level of education, interests, shopping habits-preferences related to all kinds of products, likes, invoice contents, mobile/home/business telephone number, device code, technical advertisement identifier-identity information, e-mail address, all kinds of card information except password and location data by Data Expert SAMM Teknoloji İletişim San. ve Tic. A.Ş. and group companies and also resident and non resident partners-business partners, successors, service providers-suppliers (including social media operators) and third parties/institutions to be determined by them both for legal causes, for benefiting from general and personal product-service and opportunities and for the purpose of all kinds of product-service overview, advertisement, communication, promotion, sales, marketing, store card, credit card and membership procedures, notifications and applications by taking necessary measures for confidentiality protection and in accordance with legal principles about processing regarding my product-service shopping including products I purchased by using my contact information and other personal information I had provided, all kinds of personal-non personal information about e-commercial and physical stores-aisles and my visits to structures-sites that they are located and my shopping from these places.
In case you approve and accept aforementioned rules and principles as a Member, and if you want to become a member to telecom.samm.com website according to described conditions and if you are giving specified permissions/approvals, then please finalize your membership process by marking boxes next to expressions related to membership agreement and/or commercial e-mail deliveries to indicate your consent regarding these matters.