Legal

Membership Agreement

This is an English translation for convenience; the Turkish version is legally binding.

1. Parties

This agreement is concluded between Vante Mühendislik Yazılım İthalat İhracat ve Ticaret Limited Şirketi ("Vante") and the natural or legal person ("Member") who becomes a member of the stocktuner.com.tr website. Vante contact details: Küçükbakkalköy Mah. Yüksel Sk. No:10A Ataşehir / İstanbul | info@stocktuner.com | +90 216 999 38 76 | Mersis: 0922152309600001

2. Subject Matter

This agreement is concluded between the Member on the one part and, on the other part, Vante — which operates in accordance with the Law on the Regulation of Electronic Commerce and the Turkish Commercial Code — in relation to the website under the domain name stocktuner.com.tr and/or under Vante's other domain names (hereinafter referred to jointly and severally as the "Website" and/or the "Internet Site"). It is valid with respect to all transactions carried out by all natural and legal persons who, by visiting the Website belonging exclusively to Vante, shop and/or sell online over the internet through the site, regardless of whether they hold the status of merchant or consumer.

3. Conditions

3.1. Persons under the age of 18 may not shop/sell through the Website. By logging in to and/or becoming a member of the Internet Site, the Member declares that they are over the age of 18. 3.2. In order to conclude this membership agreement, it is sufficient that the requested Membership Information be entered completely and accurately, that a password be set by the Member, and that the "Sign Up" button be pressed by giving the specified approvals and/or permissions. After the Member completes the necessary registration procedures on the site, they will be able to use the Website by entering their email address and password, provided that they comply with the conditions specified in this agreement. 3.3. The Member accepts and undertakes that, from the moment they begin to benefit from the services, they shall be deemed to have accepted all the terms of the agreement and that these terms shall be binding upon them. 3.4. In the event the agreement is concluded on behalf of a legal entity, the natural person concluding the agreement on behalf of the legal entity has accepted, declared and undertaken that they are authorised to carry out such transactions on behalf of the said legal entity, and that if they carry out transactions without such authority, they shall be personally liable for all transactions they have carried out/will carry out and for the consequences thereof. 3.5. Vante reserves the right to change the conditions set out below, at its own discretion, when required pursuant to the relevant legislation or this agreement, provided that it gives notice via the site. 3.6. Deficiencies/errors noticed by the Member after the completion of the membership process may be changed via the member's page.

4. Rights and Obligations of the Member

4.1. While using the Internet Site, the Member accepts and undertakes to comply with the provisions of the Turkish Code of Obligations, the Turkish Commercial Code, the Law on Intellectual and Artistic Works, the Industrial Property Law, the Personal Data Protection Law, the Law on the Protection of the Consumer and all other legislation related thereto, and not to violate the said provisions. Otherwise, the Member shall be fully and exclusively liable for all legal, criminal and financial liabilities that may arise. 4.2. The Member shall fully compensate any and all damages that Vante may suffer due to their conduct contrary to the obligations undertaken under this agreement; and Vante shall have the right of recourse against the Member for any and all compensation and administrative/judicial fines it may have to pay to public institutions and/or third parties due to the Member's conduct contrary to the agreement. 4.3. While using the Internet Site, the Member may not engage in activities or transactions (spam, viruses, trojan horses, etc.) that prevent or hinder others from using the Website and the services offered by Vante. Otherwise, the Member accepts that their membership shall be terminated and that they shall assume any and all legal and criminal liability that may arise from this situation. 4.4. The Member accepts, declares and undertakes: not to disturb or threaten other users; not to engage in conduct contrary to public morality or unlawful conduct; not to record, publish or distribute material and information of a nature that defames the names of persons or institutions, nor information belonging to others; not to advertise, directly or indirectly and in any manner whatsoever, on these services without Vante's permission; and not to sell any goods or services, nor to make offers to that end, except in the field in which Vante operates and for which permission has been granted to the Member. 4.5. The Member accepts: not to act in a manner that creates unfair competition to the detriment of other users; not to obstruct their communication; not to attempt to reserve the stocks displayed in the Website environment without the intention to purchase; not to produce viruses, programs, etc. that harm other users and the environment; not to send chain mail or messages whose mailing is prohibited; not to use in a harmful manner any commercial information it has obtained; not to use, record, or send to other addresses, for harmful and malicious purposes, personal information belonging to others obtained with or without their consent; to act in accordance with commercial and social ethical values and national and international legislation; not to make statements containing threats, harassment or insults; to act accordingly in request texts and messages; that in such cases liability belongs to the Member and to the malicious users and that Vante bears no responsibility; not to use the Website services for private, personal, commercial or other purposes without Vante's permission; not to trade in any goods or services except in the field in which Vante operates and for which permission has been granted; and not to engage in any manner in campaigns, messages, surveys, contests, invitations, promotions, offers, chains, letters or advertising activities aimed at the sale of goods or services; and that in such cases Vante may unilaterally terminate the agreement. 4.6. The Member declares and undertakes that the personal and other information they provide when becoming a member of and/or shopping on the Website is accurate, true and up to date, and that they shall compensate, in cash and in a lump sum, all damages Vante may suffer due to such information not being up to date and/or being contrary to the truth. 4.7. The risks associated with the links (connections directing to different websites) included on the Website for the purpose of providing information and convenience to visitors belong to the Member. 4.8. The privacy-security policies and terms of use belonging to the other sites accessed from the Website apply to those sites; Vante is not responsible for any disputes or material-moral damages and losses that may arise due to the use of information from websites and mobile applications accessed for the purpose of viewing advertisements, banners or content or for any other purpose, nor due to the ethical principles, privacy-security principles, service quality, terms of use and other practices of those sites. Members are responsible for the information they obtain from the Website or from other sites/mobile applications linked on the Website, for the decisions they make within the framework of the notifications, promotions and advertisements electronically communicated to them, as well as any kind of recommendations, and for all transactions and applications they carry out accordingly and for the consequences thereof. 4.9. At the stage of completing the membership procedures, the right to use the password obtained from the Internet Site belongs exclusively to the Member. The Member may not give this password to any third party for any reason whatsoever. All legal and criminal liability relating to the use of the password belongs to the Member. 4.10. The right to use the visual and/or written content presented on the Website belongs to Vante. All intellectual property rights relating to the design and software of the Internet Site and to the textual and visual content of the products are the property of Vante; in this context, the intellectual and industrial rights and ownership of all texts, contents, information, designs, graphics, photographs, videos, animations, visuals, sounds and, without limitation, every kind of element on the Website belong to Vante. Unless otherwise stated, they may not be used, copied or shared with third parties by the Member for commercial and/or personal purposes without Vante's written permission and/or without citing the source. Without Vante's permission, it is prohibited to publish any element on the Website in another medium or website. In the event that the Member acts contrary to this provision, Vante's right to resort to any and all legal and criminal remedies is reserved. 4.11. The Member accepts and declares that they shall not copy, nor appropriate in their own name, the design, model, method of manufacture, patent, utility model, invention and the like of the products and/or services offered for sale under the name of Vante or under the other registered trademarks and logos on the Website. 4.12. The Member may not delete or remove the copyright, trademark and notes falling within the scope of the Law on Intellectual and Artistic Works from any material copied or printed from the Website. 4.13. The Member may in no way use, resell, share, distribute, display, reproduce or process Vante's copyright-protected works on the Website, nor create or prepare works derived therefrom. Otherwise, the Member is liable for all damages that Vante may suffer. 4.14. For the purpose of improving and developing the Internet Site and/or as required by legislation, certain information may be collected and stored, such as the name of the internet service provider and the Internet Protocol (IP) address used to access the site, the date and time the Website was accessed, the pages accessed while on the site, and the internet address of the Website that provided the direct connection to the site. 4.15. If the Member engages in use and conduct that undermines the security of the Website's services, they shall be exclusively liable for any damages that occur and/or are likely to occur. 4.16. The Member accepts that Vante is not responsible for the information falling into the hands of persons other than Vante due to the Member's failure to take adequate security measures; that the information obtained during the use of the service and all kinds of data coming over the internet have been requested with the Member's consent and desire; that liability for any malfunction, data loss, etc. that these may create on the Member's computers and systems belongs to the Member; and that they therefore have no right to claim compensation from Vante. By pressing the confirmation button in transactions carried out in the electronic environment, the Member shall be deemed to have confirmed and declared that the order and information they provide are accurate and true and reflect their free will.

5. Rights and Obligations of Vante

5.1. In the cases specified below, in addition to all its rights arising from the law, Vante has the right to cancel the said transactions, to suspend the Member's use of the site, to terminate the Member's membership, and to unilaterally terminate this agreement immediately. a) In the event that false, incomplete or misleading information, or information containing expressions not in accordance with general moral rules and not in compliance with the legislation, is recorded on the Website, b) In the event that the works and data on the Website are copied and used, or attempted to be used, in part or in whole, c) In the event that software threatening the general security of the Website or preventing the operation of the Website and the software used is used, or such activities are carried out or attempted, and information is obtained, deleted or altered, d) In the event that Vante detects abuse of the sales system or of the site by the Member disrupting Vante's campaigns or sales system, causing harm to Vante by exploiting any vulnerability of the site, obtaining an unfair benefit, or carrying out repeated practices, e) In the event that the Member, while using the site or shopping/selling, acts contrary to any of the terms in the agreement, to the rules stated in the relevant parts of the Website, or to the applicable legislation, f) In the event that information such as the username and password given to Members by Vante or determined by themselves, and their usage rights, are shared with third parties, the Member is directly liable for their password being used maliciously by others. Likewise, the Member may not use another person's IP address, email address, username, etc. in the internet environment, nor may they access or use other Members' private information without permission. Any and all legal and criminal liability that may arise from such use belongs to the Member. 5.2. Pursuant to the legislation, Vante has the right to send commercial electronic messages relating to changes, use and maintenance concerning goods or services, by way of letter, email, SMS, telephone call, fax, automatic dialling machines and other means (including social media and other online communication networks), over the address, email address, fixed and mobile telephone lines and other contact information written by the Member on the registration form on the site or subsequently updated by them; and, additionally, if the Member has given consent, it has the right to reach the user for marketing, advertising, promotion, notification and other purposes. In the event the Member has given permission (consent) for commercial electronic messages to be sent, they know and accept that their contact information has been obtained for this purpose, and that they may stop the "commercial electronic communication" at any time and without giving any reason by exercising their right of refusal through the communication channel by which the message was sent. 5.3. Vante may disclose the Member's personal information to third parties where it is required to disclose it pursuant to the applicable legislation or a given court decision or administrative order, in the cases specified in Article 5.2, and provided that the Member has been informed and has given consent. 5.4. Vante has the right to change the content, design and software of the Website at any time, to change, suspend or terminate any service provided to users, and to delete, at any time, user information and data registered on the website. 5.5. Vante may update, change or repeal the conditions of this agreement at any time, in any form or manner, without the need for any prior notice and/or warning. Each provision that is updated, changed or repealed takes effect for all Members on its date of publication. 5.6. When the Member uses a credit card to pay the product price in return for the product purchased through the Website, they accept and declare that they understand that the credit card number, the expiry date of the credit card, the CVV code and similar information are transferred to the relevant financial institution for the purpose of carrying out the transaction. 5.7. Vante undertakes that the Member shall benefit from the services subject to the agreement, save for technical faults, and that it shall not share the information the Member has made available with third parties, except for legal obligations. 5.8. The following privacy rules apply on the Website: "The necessary measures for the security of the information and transactions provided by Members have been taken in the systems and internet infrastructure by our company or the relevant organisation, according to the nature of the information and transaction. In your use of our site, all credit card transactions and approvals are carried out online between you and the relevant bank and similar card organisations, independently of our company. The information entered on our site for the purpose of membership, product/service purchase and information update, as well as sensitive confidential information belonging to credit cards and bank cards, cannot be viewed by other internet users."

6. Privacy and KVKK

6.1. The Member undertakes not to give any information, passwords or codes relating to the Website system to third persons or organisations during the term of the agreement and after the agreement is terminated for any reason whatsoever. The parties agree that, in the event Vante determines that the Member has given this information to third persons or organisations, the membership agreement shall be immediately cancelled and that, in such case, the Member shall compensate any and all damages that Vante may suffer. 6.2. Vante may process the personal data relating to the Member, limited to and in proportion with the purposes specified in the membership agreement and in the Disclosure Text on the Protection of Personal Data. Vante may transfer the personal data relating to the Member to public institutions, business partners and the third parties listed in the Disclosure Text on the Protection of Personal Data, provided that it is directly related to the establishment or performance of any agreement between the parties and in cases meeting the transfer conditions. 6.3. The Member declares that they give their consent (assent) to the obtaining, acquisition, domestic and international recording, storage, preservation, use, alteration, updating, rearrangement, disclosure, classification, combination, domestic and international transfer, use and processing by other means — by automated or non-automated methods, in accordance with the relevant laws and within the purposes, scope and conditions specified in every kind of agreement between the parties — by Vante and the said persons/organisations, of their existing and prospective data, whether of a personal nature or not (including name, surname, nickname, photograph, age, gender, marital status, region of residence, education level, areas of interest, shopping habits regarding purchased products, invoice contents, mobile numbers, device code, all kinds of card information excluding password and CVC, email addresses and location data), provided directly by the Member and/or obtained from the Member before-during membership, from product-service providers, and from all their business partners, investors, service providers and suppliers; that they have learned all their rights to know and to request information regarding the processing, deletion, destruction or anonymisation of their personal data, and that they may at all times exercise their rights in accordance with the relevant law by applying to the Data Controller Vante through the stated communication channels; however, that the transactions that are possible, necessary and/or obligatory by law shall continue at all times. 6.4. By approving this Agreement, the Member accepts, declares and undertakes that, during the term of the Agreement and for a period of 10 years from its termination, the personal data belonging to themselves and to their authorised representative and employee (identity, contact, financial, customer transaction and other data not expressly specified in the personal data protection guide) may be processed, recorded, transferred, destroyed and used by the Data Controller within the scope of the purposes of Conducting/Auditing Business Activities, Conducting Marketing Processes for Products/Services, Conducting Activities in Compliance with the Legislation, Follow-up of Requests/Complaints, Management of Finance and Accounting Affairs, Conducting Information Security Processes, Conducting Logistics Activities, Management of Contract Processes, Conducting Goods/Service Sales Processes, Conducting After-Sales Support Services for Goods/Services, Providing Information to Authorised Persons and Public Institutions and Organisations, and other purposes not included in the personal data protection guide; and that they consent to such data being transferred to third parties with whom Vante has a contractual relationship, to the necessary departments within Vante, to authorised public organisations, and — without limitation thereto — to third parties at the points permitted by law, and to being taken abroad. The Member, by declaring that they know their personal data is processed and used within the scope of the Agreement's field of activity, has the right to request its destruction when necessary. The Member has accepted that, in order for Vante to fulfil its Agreement obligations and continue its activities, their personal data is transferred to official institutions, company partners, company employees, sub-organisations, affiliates, and third parties and companies doing business with the company, and that they have been informed. By approving this Agreement, the Member accepts that they have been informed by Vante about the Identity of the Data Controller, the Purposes for Which Personal Data Is Processed, the Method and Legal Grounds of Collecting Personal Data, to Whom and for What Purpose Personal Data May Be Transferred, and the Rights the Member Holds, regarding the processes of processing and transferring personal data; and that, in the light of these disclosures made, they give their explicit consent to all operations under the KVKK, including but not limited to data processing, transfer and destruction that may be carried out by Vante, and that they have been informed on the matters disclosed within the scope of personal data. The Member is free to withdraw their explicit consent at any time and to limit their explicit consent in duration. 6.5. The Member accepts, declares and undertakes that they are obliged to act in accordance with all relevant legislation, in particular the Personal Data Protection Law No. 6698, its secondary regulations and the decisions of the Personal Data Protection Board, with respect to the information they learn about Vante, Vante's employees and other third parties with whom Vante is in a relationship by reason of the Membership and Agreement, as well as the technical, commercial and financial data, the Know-how and all information and methods relating to the operation of the business; and that they are obliged to prevent personal data from being accessed unlawfully by themselves or by third parties, to prevent the unlawful processing and transfer of personal data, to ensure the secure preservation of personal data, and to take all necessary technical and administrative measures for these purposes, and to notify Vante immediately in the event of any breach. The Member is also aware that transferring to other persons, or otherwise using, the information they learn regarding personal data is a crime, and moreover that, in the event they breach personal data, Vante may file a criminal complaint against them, and undertakes not to act contrary to the obligations arising from the law and the agreement. The Member accepts that they know the Agreement shall be terminated in the event of a breach of this article. The Member accepts and undertakes to fully comply with all measures stipulated by Vante for the protection of personal data.

7. Termination of the Agreement

7.1. The Member shall be deemed to have undertaken to comply with this agreement from the moment they complete the registration procedures and confirm their email address, or receive any service using this system, or place an order. The agreement shall automatically become void, without the need for any warning, upon the termination of the membership or upon the occurrence of one of the cases enumerated in the agreement. 7.2. This agreement shall remain in force until the Member cancels their membership or their membership is cancelled by Vante. In the event that the Member breaches any provision of the "Membership Agreement", Vante may cancel their membership and unilaterally terminate the agreement.

8. Resolution of Disputes

8.1. The Member accepts, declares and undertakes that, in any dispute that may arise between them and Vante due to this agreement and the membership relationship, Vante's commercial books and records and the electronic information and documents kept by Vante in its database and on its servers shall be used as evidence, and that this article is in the nature of an evidentiary agreement within the meaning of the Code of Civil Procedure (HMK). 8.2. The Istanbul Anadolu Courts and Enforcement Offices are authorised in the resolution of all disputes connected with or arising from this agreement.

9. Entry into Force

The Member's membership registration has been carried out taking into account that the Member has read and accepted all the articles contained in this agreement. The Member who approves this agreement by entering the requested information into the Internet Site accepts that THEY HAVE READ AND UNDERSTOOD ALL THE INFORMATION AND CONDITIONS WRITTEN IN THE DISCLOSURES AND THE AGREEMENT, AND THAT THEY WILL COMPLY FULLY AND ON TIME WITH ALL OBLIGATIONS BELONGING TO THEM. The Member accepts, declares and undertakes that they have read, understood and accepted all the articles contained in this agreement and that they have confirmed the accuracy of the information they provided. This agreement was concluded and entered into force at the moment the Member became a member.