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Membership Agreement
1 - PARTIES
This Membership Agreement ("Agreement") is entered into between 3 Axis Printing Technologies Industry and Trade Inc. ("3Ax"), located at Esenkent Mh. Nato Yolu Cd. No.238 Ümraniye/Istanbul, and the user ("Member", "Members") to determine the terms and conditions regarding the Member's registration on the mobile application and/or website ("Platform") provided by 3Ax, as well as the Member's use of the other services mentioned in this Agreement.
3Ax operates as an electronic commerce intermediary service provider and electronic commerce service provider, offering multi-category and multi-model e-marketplace and electronic commerce services ("Platform Services") through one or more mobile applications or websites.
By approving this Agreement, downloading and using the Platform through a referral, and/or conducting transactions on the Platform, the Member becomes a registered user of the Platform under the conditions set forth in this Agreement.
3Ax and the Member shall be referred to individually as a "Party" and collectively as the "Parties" within this Agreement.
2 - DEFINITIONS
Buyer
A natural or legal person Member who purchases goods and/or services offered for sale on the Platform through listings provided by third-party sellers.
Personal Data
Any information relating to an identified or identifiable natural person, as defined in the Personal Data Protection Law No. 6698.
Personal Data Protection Information Notice
The document accessible via the Platform, which contains explanations regarding the purposes and methods of processing the personal data transmitted by Members through the Platform by 3Ax.
My Account Page / Menu Page
The private page of the Member, accessible only with a username and password determined by the respective Member, where necessary actions are taken to utilize the Platform and Platform Services, required information is added, and notifications can be sent to the Member.
Seller/Sellers
A natural or legal person Member who, under an intermediary agreement with 3Ax, offers various goods and/or services for sale through an account created on the Platform.
3 - RIGHTS AND LIABILITIES OF THE PARTIES
3.10. The following are examples of prohibited uses:
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Damaging 3Ax, the Platform, and/or third parties in any way during transactions on the Platform,
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Using the Platform to create, check, update, or modify databases, records, or directories on behalf of any person,
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Using the Platform for reverse engineering, modifying, or disrupting its operations,
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Conducting transactions using incorrect information or another person's information, creating fraudulent membership accounts using false or misleading personal data, and using these accounts in violation of this Agreement and Platform rules,
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Using any harmful software, viruses, or technology that could damage the Platform, its database, or its content,
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Accessing the Account Page using robots or automated entry methods,
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Engaging in activities that create unreasonable or disproportionately large loads on the Platform's designated communications and technical systems, potentially harming technical operations,
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Using automated programs, robots, web crawlers, spiders, data mining, data crawling, "screen scraping" software, or similar systems to extract, copy, publish, or use any content on the Platform without authorization,
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Failing to take necessary precautions, including using protective software and licensed products, against programs, viruses, software, unlicensed products, trojans, and other threats that may harm the Platform,
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Using the Platform in a way that negatively impacts the experience of other Members, including infringing on their personal and property rights.
3.11. The Member is responsible for all personal data, information, photos, videos, opinions, expressions, comments, ratings, messages, and other content they upload or provide on the Platform ("Member Content").
The Member acknowledges, declares, and undertakes that their Member Content:
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Will comply with this Agreement, Platform rules announced/notified by 3Ax, applicable laws, and ethical standards,
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Will not be illegal, immoral, or infringe on third-party rights (including intellectual and industrial property rights, privacy rights, and personal rights),
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Will not be used outside the Platform for manipulative or unlawful purposes,
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Will be created only in situations permitted under this Agreement, Platform rules, and relevant laws, such as providing ratings and comments only for products legally purchased,
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Will comply with personal data protection laws and not include third-party personal data without authorization,
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Will not contain content that is criminal, violates international agreements, encourages violations, is advertising- or marketing-related, pornographic, explicit, or contrary to intellectual and industrial property rights, unfair competition rules, or general moral standards.
The Member acknowledges that 3Ax has a zero-tolerance policy for such content and that 3Ax has no control obligation over Member Content. The Member is solely responsible for their Member Content and any damages arising from it, including those affecting 3Ax or third parties. However, 3Ax reserves the right to review, investigate, refuse to publish, modify, delete, or block access to any Member Content if it determines a violation of this Agreement at its sole discretion.
3.12. The Member accepts that their comments regarding purchased products may be shared with the respective seller upon request, in accordance with relevant laws, and that sellers may use such comments in compliance with applicable regulations.
3.13. By uploading Member Content to the Platform, the Member declares and undertakes that they exclusively own the intellectual and industrial property rights of such content. The Member grants 3Ax an irrevocable, unlimited, royalty-free, worldwide, and sub-licensable license to use their Member Content, including economic and moral rights such as reproduction, distribution, processing, public communication, and transmission via signal, sound, and/or image means, as permitted by applicable laws.
3.14. 3Ax has taken reasonable precautions to ensure that the Platform and its accessible content, materials, and elements are free from malicious software. However, 3Ax does not guarantee that the Platform or its accessible content will be free from viruses, bugs, trojans, corrupted files, worms, dialers, spam, spyware, or any other harmful or malicious software. The Member is responsible for taking all necessary measures, including using protective software, hardware, and licensed products, to prevent such risks from affecting their devices and technology. 3Ax shall not be liable for any damages, including but not limited to technical failures, malfunctions, incorrect information, data breaches, or losses incurred by the Member or third parties.
3.15. 3Ax has taken reasonable precautions to ensure the accuracy, security, currency, availability, continuity, completeness, suitability, and functionality of the Platform and its content, materials, and elements. However, 3Ax provides them "as is" and "as available" without any guarantees or commitments.
3.16. The Platform may contain links to third-party websites or applications. 3Ax makes no guarantees or commitments regarding the content, accuracy, reliability, security, or functionality of such websites or applications and is not responsible for any damages resulting from accessing, using, downloading, sharing, or modifying these third-party services.
3.17. At its sole discretion, 3Ax may reject membership applications, terminate memberships, or impose additional conditions for membership acceptance, continuation, or use of the Platform. Any changes, additional terms and conditions, provisions, guidelines, and policies introduced by 3Ax after membership registration will become binding upon publication on the Platform, without requiring additional notification or approval from the Member. However, if applicable laws require explicit approval for such changes, 3Ax reserves the right to restrict, block, suspend, or terminate the Member's membership if such approval is not granted.
3.18. The Member may unilaterally terminate their membership at any time without providing a reason. The termination process can be completed through the Platform by following the relevant steps under the "My Account" or "Menu" sections. Once the termination request is submitted and received by 3Ax, the account closure request will be finalized in accordance with security and anti-abuse rules set by 3Ax. The Member acknowledges that once their membership account is closed, they will not be able to reuse it or transfer any associated rights and benefits to another account.
3.19. At its sole discretion, 3Ax may permanently or temporarily suspend, modify, update, make paid, or terminate the Platform and/or its services, either in whole or in part, at any time without any liability to the Member or third parties.
4 - PROTECTION OF PERSONAL DATA
4.1. 3Ax places great importance on the processing, security, and protection of personal data in compliance with all applicable regulations, including the Personal Data Protection Law (KVKK), within the scope of this membership agreement. 3Ax processes and shares the personal data obtained during the establishment and execution of this agreement primarily for the purposes of providing the services specified in this agreement, processing and delivering orders, conducting activities to enhance Member satisfaction, ensuring account security, preventing fraud, misuse of the Platform, resolving disputes related to activities that may constitute criminal offenses under the Turkish Penal Code, among others.
4.2. 3Ax is responsible for enabling the Member to find products that match their preferences and access them easily and quickly within the range of products and services offered on the Platform. The Member acknowledges that the processing of their personal data within the scope of this obligation is necessary for the proper fulfillment of the agreement.
4.3. The Member acknowledges that they can obtain detailed information regarding the processing and sharing of personal data through the Personal Data Protection Information Notice (“Information Notice”) available on the Platform, which forms an integral part of this Agreement. The Member accepts that 3Ax reserves the right to update the Information Notice at any time in accordance with changes in applicable regulations or company practices.
4.4. The Member may request detailed information regarding their processed personal data and submit their requests and rights under the KVKK by applying to 3Ax using the methods specified in the Information Notice or by sending an email from their registered email address in the membership account to kvkk@3ax.com.tr, ensuring that the application includes the mandatory elements outlined in Article 5 of the Communiqué on the Procedures and Principles for Applications to the Data Controller.
4.5. Upon the termination of the membership agreement or the closure of the membership account, personal data that no longer serves its processing or storage purpose will be deleted in accordance with applicable laws. However, personal data that must be retained under legal obligations will continue to be processed by 3Ax until the processing purpose ceases to exist.
4.6. In accordance with Article 12 of the KVKK, 3Ax will take all necessary measures to securely store such personal data and prevent unauthorized access and unlawful data processing.
5 - COMMERCIAL ELECTRONIC MESSAGES
5.1. If the Member consents to receiving commercial electronic messages, 3Ax may send commercial electronic messages to the Member via the email address registered on the Platform or by calling or sending SMS to the registered phone number in order to promote and market its goods and services. The Member is responsible for keeping their registered email address and phone number accurate and up to date on the Platform.
5.2. The Member has the right to refuse or withdraw consent for receiving commercial electronic messages. In this context, the Member may withdraw consent through the methods specified under the relevant legislation. Additionally, to facilitate the exercise of this right, 3Ax provides the Member with the option to change their preferences regarding commercial electronic messages via the Platform.
6 - INTELLECTUAL PROPERTY RIGHTS
Platform and all elements and content related to the Platform (including but not limited to all trade names, works, copyrights, inventions, patents, trademarks, designs, graphics, logos, other identifying names and signs, domain names, software, program flow, algorithms, source and object code, programs and user interfaces, data, databases, records, codes, processes, ideas, texts, animations, clips, music, videos, photographs, images, shapes, drawings, visuals, commercial presentation styles, slogans, screens, know-how, projects, concepts, programs, applications, and more) (“3Ax Content”) and all associated rights (including but not limited to intellectual and industrial property rights and ownership rights) belong to 3Ax.
Any content shared through the Platform by other members, including but not limited to personal information, photographs, videos, ideas, statements, comments, and messages (“Other Member Content”), remains the property of the member sharing it, subject to the full license rights held by 3Ax.
The creation of a membership account, granting the member access to the Platform, the right to use the Platform, and/or the ability to benefit from the services offered through the Platform, as well as any provision under this Agreement, does not grant the Member any rights over the Platform, 3Ax Content, or Other Member Content.
In this regard, it is strictly prohibited for the Member to use, acquire, copy, reproduce, modify, reverse engineer, decompile, back up, transmit, store, process, sell, share, distribute, lease, lend, adapt, transfer, or engage in any other transaction or disposal related to the Platform, 3Ax Content, or Other Member Content, either partially or fully, directly or indirectly, beyond the intended use of the Platform. It is also strictly forbidden for the Member to encourage or facilitate any of these actions.
The Member acknowledges and agrees that in the event of a violation of this clause, they shall be liable for compensating 3Ax and/or third parties for any damages incurred. In such a case, 3Ax reserves the right to partially or completely restrict, block, suspend, or terminate the Member’s membership, in addition to all other legal claims, lawsuits, and enforcement rights.
7 - CONTRACT CHANGES AND WAIVER
7.1. 3Ax, at its sole discretion, may unilaterally modify this Agreement, as well as any policies, rules, terms, and conditions on the Platform, at any time by announcing/notifying such changes in any manner it deems appropriate. Unless otherwise stated by 3Ax, such modifications and additions shall become effective on the date they are announced/notified and/or published on the Platform, without requiring additional approval. The remaining provisions shall continue to remain in effect, maintaining their validity and consequences. By continuing to use the Platform and benefiting from the Services, the Member shall be deemed to have accepted these modifications and additions. 3Ax advises Members to visit the Membership Agreement page before performing any transactions on the Platform.
If applicable laws require that modifications be explicitly approved by the Member, and if the Member does not provide such approval, 3Ax reserves the right to partially or completely restrict, block, suspend, or terminate the Member's account.
7.2. Waivers not signed by 3Ax shall not be valid. 3Ax’s failure to exercise any of its rights under this Agreement, in whole or in part, its failure to require the Member to comply with any provision or condition of this Agreement, and/or its waiver of any breach by the Member shall not restrict the obligation to comply with such provision or condition in the future, nor shall it be interpreted as a waiver of any subsequent breach.
8 - FORCE MAJEURE
If 3Ax is prevented or delayed from fulfilling its obligations under this Agreement due to Force Majeure events, it shall not be held liable for the obligations that are hindered or delayed as a result of such events, and this situation shall not be considered a breach of this Agreement.
Force Majeure refers to events beyond the control of 3Ax, not caused by its fault, and reasonably unforeseeable, including but not limited to uprisings, embargoes, government interventions, riots, invasions, war, mobilization, strikes, lockouts, labor actions or boycotts, labor-employer disputes, cyberattacks, communication issues, infrastructure and internet failures, system improvements or upgrades and related malfunctions, power outages, fires, explosions, storms, floods, earthquakes, landslides, pandemics, or other natural disasters, adverse weather conditions, legislative changes, decisions taken by competent authorities, or any other unforeseen events beyond 3Ax’s reasonable control.