a) The present Membership Agreement (“Agreement”) is executed by and between AO SMITH SU TEKNOLOJİLERİ A.Ş. (hereinafter “AO SMITH”), which is the owner of the website www.aosmithevimde.com, and which is located at the address İkitelli O.S.B.Mh.Marmara D Blok Sk. No:2-3 34303 Küçükçekmece-İkitelli - Istanbul - Turkey and the internet user (“MEMBER”) who subscribed to the website www.aosmithevimde.com.
2. Subject Matter of the Agreement
3.2. The MEMBER shall not engage in acts (spam, virus, trojan, etc.) and actions on the website www.aosmithevimde.com to prevent or disrupt the use of services by others.
3.3. The MEMBER shall in no way use the website www.aosmithevimde.com for any purpose in breach of the laws, or in a manner to disrupt public order, in violation of general morals, in a way to disturb or harass others, or in infringement of the intellectual property rights or copyrights of others.
3.4. The ideas, thoughts and expressions expressed and written by the MEMBERs on the website www.aosmithevimde.com are solely personal thoughts and comments of the MEMBERs, and only the MEMBER themselves shall be liable for any consequence of such thoughts and comments. Such opinions and thoughts are not related or connected to AO SMITH in any way. AO SMITH shall not be held liable for any damages third party persons or entities may incur due to the ideas and opinions to be stated by the MEMBER, or for damages the MEMBER may incur due to the ideas and opinions to be stated by third party persons or entities.
3.5. The MEMBER declares and undertakes that the personal and other miscellaneous information they had submitted as they registered with the website www.aosmithevimde.com are accurate, and that they shall cover any and all damages AO SMITH may incur due to inaccuracy of such information, in cash and at once.
3.6. The MEMBER holds the exclusive right to use the password issued to them on the AO SMITH website. The MEMBER shall not give the password to any third party. Any legal and criminal liability regarding the use of the password belongs to the MEMBER. 3.7. AO SMITH shall not be held liable for unauthorized access to the MEMBER’s data, and any damage which may be caused on the software and data of the MEMBER. The MEMBER agrees in advance not to raise any claims against AO SMITH with respect to any losses they may incur due to the use of the website www.aosmithevimde.com.
3.8. The MEMBER agrees not to engage in unauthorized access to or use of other internet users’ data and software. Any legal and criminal liability to arise due to acts otherwise shall be borne solely by the MEMBER.
3.9. The MEMBER agrees and undertakes that, should they act in breach of one or more provisions of the present Agreement, they shall be liable for any potential associated damages and hold AO SMITH harmless for any losses, cases, claims and demands that may arise on the grounds of such breach and indemnify AO SMITH against the same.
3.10. AO SMITH may unilaterally suspend or terminate the MEMBER’s MEMBERSHIP, and delete any data, documents and files of the MEMBER, at any time, and without incurring any liability.
3.11. Any intellectual property rights regarding the design and software of the website www.aosmithevimde.com, as well as the texts and images regarding the products belong to AO SMITH, and these cannot be used by the MEMBER without the written permission of AO SMITH.
3.12. Certain information such as the internet address of the website providing direct link to the site, the pages accessed while browsing the site, the date and time of access to the site, the name of the internet service provider and internet protocol (IP) address used to access the site can be collected by AO SMITH, within the framework of the legal legislation and/or for the purpose of improving or developing the website www.aosmithevimde.com.
3.13. Provided that the provisions of the Personal Data Protection Law are observed, AO SMITH can contact the user for communication, marketing, advertising, promotion, notification and other purposes via letter, e-mail, SMS, phone call, and other means using the address, e-mail address, fixed line and mobile phone numbers and other contact details the MEMBER specified, or later updated by themselves, on the registration form for the site or the mobile app. The MEMBER agrees and undertakes by agreeing to the present agreement, that AO SMITH can engage in the abovementioned communication activities, unless the MEMBER provides a written notice stating otherwise. AO SMITH reserves the right to keep a log of the MEMBER’s acts on the website www.aosmithevimde.com.
3.14. The MEMBER declares and agrees that they extend permission for the sending of information and ads to them with respect to product and service promotion, advertising, campaign, advantages, surveys and other customer satisfaction practices of AO SMITH and AO SMITH SU TEKNOLOJİLERİ A.Ş. brands, in the context of existing and/or subsequent practices. The MEMBER declares and agrees that they extend permission for the collection of personal and shopping details and shopping and/or consumer behavior details, they provided while registering with AO SMITH and/or through other means in the past and/or will be providing in the future, for the abovementioned purposes, and they further declare and agree that the same can be used and archived by AO SMITH. The MEMBER declares and agrees that they extend permission for the continuance of the collection of the data even after the termination of their MEMBERSHIP, and for AO SMITH to use and archive the same, unless the MEMBER specifies otherwise. The MEMBER agrees and declares that they shall not raise any claim regarding any direct and/or indirect, tangible and/or intangible, positive and/or negative damages whatsoever, and that they shall not held AO SMITH liable, due to them being contacted and on the grounds of collection, sharing, use, archival of the abovementioned data. The MEMBER can contact AO SMITH’s customer services call centers, should they wish to change their data sharing preferences.
3.15. AO SMITH may disclose the MEMBER’s personal data to third parties (a) if required by any applicable laws or regulations or in the face of a court order or administrative order requiring disclosure and (b) in cases specified in Article 3.13. and (c) with the consent of the MEMBER.
3.16. Available measures were taken to secure the AO SMITH website against viruses and similar malicious software. On the other hand, the user is also required to procure their own antivirus system and to obtain required protection, to ensure complete security. In this context, the MEMBER shall be deemed to have accepted their liability for any errors which may be caused on their software and operating systems as they access the AO SMITH website, and any direct or indirect consequences thereof.
3.17. AO SMITH retains the right to change the contents, design and software of the site at any time, make modifications on or suspend or terminate any service provided to the users, and to delete user data and information saved on the website, at any time.
3.18. AO SMITH may, at any time, update, revise, or revoke the terms of the present Agreement, without any prior notice and/or warning. Any updated, revised or revoked provision shall take effect for all MEMBERs on the date of publication.
3.19. AO SMITH is authorized to send notification e-mails to electronic mail addresses, and notification SMS messages to mobile phones, registered for the MEMBERs, as per the present Agreement. By approving the present Agreement, the MEMBER shall be deemed to have extended consent for the sending of notification e-mails to their electronic mail address and notification SMS messages to their mobile phone. The MEMBER may effect a revocation of the consent for electronic mails and/or SMS messages, should they wish to opt out of electronic mails and/or SMS messages, by contacting the Customer Services. The provisions of Article 3.13. are reserved. 4. Termination of the Agreement
Any party to the agreement may terminate the present Agreement at any time by sending a unilateral notice to the other party, via the address firstname.lastname@example.org.
5. Settlement of Disputes
The present agreement shall remain in effect till the Member or AO SMITH terminates the Membership. AO SMITH may terminate the agreement unilaterally by cancelling the Member’s Membership, should the MEMBER acts in breach of any provision of the “membership agreement”.
Istanbul Central Courts and Enforcement Directorates shall have jurisdiction for the settlement of any disputes that may arise in connection with or out of the present Agreement.
The MEMBER’s MEMBERSHIP registration shall take effect with the MEMBER reading and agreeing to all provisions of the present Agreement. The present Agreement is executed and has entered into force as of the moment the MEMBER registered as a MEMBER.