INDIVIDUAL MEMBERSHIP CONTRACT
1.Parties
This Individual Membership Contract (hereinafter referred to as "Membership Contract") is entered into force electronically between DURMAZLAR MAKİNA SANAYİ A.Ş. located in the address of “OSB 75. Yıl Bulvarı Cadde Nilüfer BURSA” (hereinafter referred to as "DURMAZLAR or “DURMA") and the member, who confirms this membership contract and annexes, which are integral parts of this contract, if any, and terms and conditions specified in the DurmaCloud.com portal in order to sign up the portal www.DurmaCloud.com.
2.Definitions
DurmaCloud: It is the website, where DURMAZLAR provides its services and consisting of subdomains affiliated to the domain name of www.DurmaCloud.com
Machine: Sheet processing machines such as Laser Cutting, Plasma Cutting, Press Brake, Shear, Punch produced by DURMAZLAR and used by member.
Member:The user who is signed up to DurmaCloud and benefits from the services provided in DurmaCloud within the terms specified.
Membership:It is the status obtained by the user after filling membership form in the DurmaCloud with correct and real information. You can not have the right and authority to become a member before the membership process is completed. "Membership" rights and obligations are the rights and obligations of the applicant, in whole or in part, which can not be transferred to any third party. If the DURMAZLAR is deemed necessary, "Membership" status of the member may be terminated.
Membership Contract:It is the electronic contract consisting of terms and conditions specified in DurmaCloud and annexes, if any, signed in the electronic form on the basis of the electronic approval of the user's understanding and acceptance of the Membership Contract and annexes, if any.
DurmaCloud Membership Account:The whole of web-pages dedicated to the member, where the member performs tasks and transactions required to benefit from the service offered within DurmaCloud, makes the request from DURMAZLAR regarding membership issues, updates membership information, displays the reports regarding provided services, accesses to the pages over DurmaCloud with the e-mail and password that are determined by itself and to be used as solely.
DurmaCloud Services (Services): These are the applications provided by DURMAZLAR in order to ensure that the members in DurmaCloud will perform the tasks and transactions defined in this Membership Contract. DURMAZLAR may make changes and / or adaptations to the services provided in DurmaCloud at any time. The terms and conditions regarding performed changes and/or adaptations that are obliged to complied by the member are communicated to the member via DurmaCloud, the described terms and conditions shall enter into force on the date of publication in DurmaCloud.
Content:Any kind of information, text, file, picture, video, figure etc.visual, written and auditory imagery which are published and are accessed in DurmaCloud.
DurmaCloud Interface: : Internet pages, which are used by members to view the contents created by DurmaCloud and machines and to query them from DurmaCloud Database and that give commands to the computer program for the realization of all kinds of operations that can be done through DurmaCloud within the designs protected by the Law of Intellectual Property Rights numbered 5846 and all Intellectual Property Rights belong to DURMAZLAR.
DurmaCloud Database: It is a database protected under the Law of Intellectual Property Rights No. 5846 belonging to DURMAZLAR, where contents accessed within DurmaCloud are stored, classified, interrogated and accessed.
Related Legislation: Law No:5846 on Intellectual Property Rights, Turkish Commercial Code 6102, Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting, Law No:6698 on the Protection of Personal Data, which may be related to this membership contract or other legislation which may be brought in place by or in addition to these by the legislator and which may be applied to this membership contract.
3.The Subject and Scope of the Membership Contract
The subject of this membership contract is the determination of the services offered at DurmaCloud, the terms of using these services, and the rights and obligations of the parties. Declarations such as warning, notification, application and explanation made by DURMAZLAR regarding the usage, membership and services in the DurmaCloud with Membership Contract. The Member acknowledges and undertakes to accept the provisions of this Membership Contract and to comply with any form of disclosure made by DURMAZLAR relating to the use, membership and services in DurmaCloud.
4.Terms of Membership
In order to become a member of DurmaCloud, it is necessary not to be temporarily excluded from membership, not to be suspended from membership or not to be forbidden for an unlimited time in the scope of the present membership contract by DURMAZLAR.
5.Rights and Obligations of the Parties
5.1 Rights and Obligations of the Member
5.1.1. The Member accepts and undertakes to comply with the rules, declarations, all applicable laws, and regulations and the rules of ethics specified in DurmaCloud, also the member accepts and undertakes that he/she understood and approved the terms and conditions of membership contract and all the terms and conditions of DurmaCloud. The legal and criminal liability regarding any transactions and actions performed by members within DurmaCloud belong themselves, the member accepts, declares and undertakes that DURMAZLAR has no responsibility regarding mentioned legal and criminal liabilities.
5.1.2. The members accept and undertake that they will not engage in activities that would lead to unfair competition in accordance with the provisions of the Turkish Commercial Code, they will not perform acts that damage the personal and commercial reputation of third parties and that will infringe or attack personality rights, they will act in accordance with the public order and public morals, they will take the measures required by the legislation, they will perform procedures, also, the members accept and undertake that they will not engage in any conduct that is unlawful, criminal, offensive, damaging to personal rights, infringement of intellectual property, copyrights, trademark rights and property rights.
5.1.3. The Members are obliged to monitor the information they have accessed within DurmaCloud only for the purpose of disclosing this information or for the purpose of the DURMAZLAR, for non-commercial purposes.
5.1.4. The use of whole DurmaCloud, or any part of it, for the purpose of breaking, altering, reverse engineering, to access site in a manner that interferes with, disrupts, or interferes with the communication or technical systems of DurmaCloud, the use of automatic program on the site, robot, spider, web crawler, spider, data mining data trawling and etc. "screen scraping" software or systems, automated tools or manual processes, the unauthorized access to the data or software of other members, to use of the site and the contents of DurmaCloud outside the usage limits determined by the conditions of use are illegal; DURMAZLAR reserves the right to any claims, lawsuits and follow-ups. In case of detection of usage contrary to these conditions and legislation; DURMAZLAR has the right to notify the member to the competent authorities. The Member acknowledges they are liable personally for the consequential damages and claims in case of such uses.
5.1.5. The Member accepts and undertakes that DURMAZLAR shall not be held liable for any direct or indirect damages that may arise in case of interruption of service in DurmaCloud, interruptions in information transmission, delays, failures, loss of data.
5.1.6.In the cases, where DURMAZLAR is obliged to make a statement to the public authorities in accordance with the provisions of the applicable legislation, the Member accepts and undertakes that DURMAZLAR is authorized to disclose the confidential / private / commercial information of the members to the official authorities and not to claim compansation from DURMAZLAR under any name.
5.1.7. Members are solely responsible for maintaining the confidentiality of e-mail and confidential information used by DurmaCloud members in accessing their membership account, ensuring that they are used exclusively and individually. The Member shall be liable for any and all damages, including material and / or moral damages, that be suffered a or will be suffered in future by other members and / or DURMAZLAR and / or third parties due to negligence or defects of the member in this matter.
5.1.8. The Member acknowledges and undertakes that the information and content provided by him/her within DurmaCloud is accurate and legitimate. DURMAZLAR is not responsible or liable for the investigation of the accuracy of the information and contents transmitted to the DURMAZLAR by the member or uploaded by the member via DurmaCloud. Also, DURMAZLAR shall not be liable for any damages arising out of or in connection with the erroneous or incorrect information or content of such information.
5.1.9. The Member cannot, in whole or in part, transfer this membership contract or its rights and obligations under this Membership Contract to any third party without the written consent of DURMAZLAR.
5.1.10.DURMAZLAR permits its members to use the DurmaCloud interface only for the purpose of examining their own machine data, it is not permitted to be accessed or try to access the machine data of other members for a specific purpose or for a whole purpose over database for any purpose other than that. Such acts are illegal; DURMAZLAR reserves the right to demand, demand and follow up.
5.1.11. The member can only benefit from this service if he / she has a valid and working internet connection. DURMAZLAR does not have any responsibility in case of connection interruption or data loss.
5.1.12. If the Member wishes to terminate the service, he may terminate his membership by notifying DURMAZLAR 3 months in advance. In this case, no refund will be made if payment has been made for this service.
5.2 Rights and Obligations of DURMAZLAR
5.2.1. DURMAZLAR accepts, declares and undertakes to fulfill the services specified in this Membership Contract within the terms and conditions stated in the DurmaCloud Membership Account related to the presentation of the related services and the terms of this membership contract and to establish and operate the technological infrastructure necessary for the provision of the services specified in the scope of this Membership Contract;
5.2.2. DURMAZLAR allows users to view the contents uploaded to the DurmaCloud database by the machines through the DurmaCloud Database by using the interfaces, also offers several types of listing services that prioritize the display of machines to make it easier for members to access machines of member, as well as offers reporting services under various categories for data submitted to the DurmaCloud database.
5.2.3.The obligation to install the technological infrastructure stated in this article does not mean an unlimited and complete service commitment, DURMAZLAR reserves the right to add new ones to its services within the scope of DurmaCloud, to change the terms and conditions of coverage of existing services, to change the content accessed within DurmaCloud at any time, to close third parties' access and to delete them. DURMAZLAR may use this right in the form that it desires without giving any notice and without giving time.
5.2.4. Durmazlar may give link via DurmaCloud to other internet sites and / or portals, files or content owned and operated by third parties. These links may be provided by members or by DurmaCloud only for reference purposes and do not have any kind of authentication statement or warranty nature to support the website or operator operated by the link or to the website or information contained therein. DURMAZLAR has no responsibility regarding the portals, internet sites, files and content, services or products offered through portals or internet sites accessed through these links, or about their contents accessed via links on DurmaCloud.
5.2.5.DURMAZLAR, the employees and managers of DURMAZLAR have no obligation to investigate and control the lawfulness, authenticity, and accuracy of the content provided by members in DurmaCloud.
5.2.6.DurmaCloud operates as "Hosting Service Provider" within the scope of Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting and the letter dated 17.01.2013 numbered 581 issued by the Telecommunications Communication Presidency in accordance with this Law.
6.6.TERM OF USE
6.1.6.1 The member accepts, declares and undertakes that he/she fully understands the content of these Terms of Use in order to use DurmaCloud, accepts unconditionally all the matters stated in the Terms of Use, which are specified and will be specified in time in DurmaCloud, he/she will not object and not make plea regarding the issued specified in DurmaCloud.
6.2.6.2 DURMAZLAR may change these Terms of Use, any information contained in DurmaCloud, and the Content at any time without giving notice to the Member. These changes will be published periodically on DurmaCloud and will be effective on the date of its publication. Any natural or legal person using the DurmaCloud services for a fee or for free, or in any way gain access to DurmaCloud, are deemed to have accepted the terms of use and any changes made by DURMAZLAR to these terms of use. These conditions of use are published on the website; It is made accessible by any natural or legal person who uses DurmaCloud.
6.3.6.3 DURABILITIES may request a reasonable annual fee for continuation of membership and to be benefited from the service. Members whose machine warranty period has not expired are not charged an annual fee. At first or at any time, giving this service to a member free of charge does not mean a commitment that it is always to be free.
7.Confidentiality Policy
The purpose of this Confidentiality Policy is to determine the terms and conditions for the use of personal data obtained during the use of DurmaCloud and / or received from third parties. Members and DURMAZLAR accept the terms of this Confidentiality Policy. DURMAZLAR may use the information such as e-mail address that are requested during the sign-up phase outside the purpose and scope specified by the Membership Contract in order to conduct communication activities, research, marketing activities and statistical analyzes for promotional and informative purposes by e-mail, in-site informants and similar methods subject to the conditions stipulated in the applicable legislation and when necessary with additional approvals and in order to contact the member when it is necessary.
8.Protection of Personal Data DURMAZLAR, teknolojiye yatırım yaparak yenilikçi ürün ve hizmet uygulamaları ile internet alanında Üyelerine daha iyi hizmet vermek için sürekli kendisini yenilemekte ve en iyi hizmeti verebilmek için çalışmaktadır. DURMAZLAR, bu amacını gerçekleştirebilmek için Üyelerin kişisel verilerini aşağıda detayları açıklanan kapsam ve koşullarda işlemektedir.
8.1.DURMAZLAR collects personal data and machine data to work more efficiently and provide the best experience. The data are collected by using the following methods:
• Machine data: The data sent to DurmaCloud by the software running on the machine.
• The Data provided directly to DURMAZLAR: This refers to personal data provided by members on their own initiative for the performance of the Service and prior to or during the use of DurmaCloud. This personal data includes all personal data given directly to DURMAZLAR by members. For example, company name, e-mail, identity information, and content information within this category.
• The Data obtained by using DurmaCloud: This includes personal data about members' usage habits through specific software or technological tools during the service provided by DURMAZLAR. For example, location and frequency of use, as well as interest and usage data, are included in such data. DURMAZLAR has the right to associate situational behaviors of members on the site with a cookie in the browser to enable online behavioral analysis and to identify remarketing lists based on metrics such as number of pages viewed, duration of visit, and goal completions. While Google AFS ads are redirected to DURMAZLAR, Google may place cookies on Google users' browsers, read cookies contained in them, or use web signs with the purpose of gathering information.
8.2.DURMAZLAR collects various static (stable) and dynamic (variable) data from members with the methods specified in 8.1. The data collected by DURMAZLAR depends on the features and services it uses. Unless explicitly stated, the "personal data" statement describes the following information:
• Name and contact information, authentication information and demographic information.
• Usage Data and Favorites: The data collected from devices by means of various software and technological tools, including but not limited to the reasons for calling DURMAZLAR or Call Centers, date and time data of the product used, the machine information viewed through DurmaCloud, the responded channels, the last entry date to DurmaCloud, the type of post used, visited websites, entered search terms, visited machines and categories, the errors that occur during the use of services and similar data.
• Location Data: This includes data about precise or approximate locations of machines or members extracted from GPS data and IP and port addresses.
• Content Data: Documents showing that the machine belongs to the person or the person has authority on the machine, machine information, member information, notification description, solution description, satisfaction, notification reason, customer note, renewal date, feedback, error content indicated during use of service, intermediate information status and similar data.
8.3.What is the collected data used for?
Personal data shall be processed in accordance with the purposes of the Membership Contract and in accordance with the Law on the Protection of Personal Data No. 6698 and for the purposes specified below.
The data collected from machines and members will be processed with the purposes of internal evaluation, communication, user registration, acquisition of potential customer information, development of post-sales processes, business development, collection, customer portfolio management, promotion, analysis, complaint management, managing customer satisfaction processes, marketing, advertising, research, activity informing, execution and development of operational activities, measurement of service quality, development, inspection, control, optimization, customer verification, advertising, after-sales services, fraud detection, problem / error reporting, control, audit, risk management.
8.4.Where are Personal Data Stored and Processed?
The data obtained by DURMAZLAR may be stored and processed in domestic and abroad, in another country where DURMAZLAR or its affiliates, subsidiaries or co-operative service providers have facilities. Personal data collected under the Membership Contract shall be processed within the scope of legislation in force in the territory where the provisions and data are stored and processed, and within the prescribed security measures.
8.5.With whom the data are shared? DURMAZLAR may share the member's personal data and the new data obtained using this personal data with third parties and their affiliates, as required by applicable legislation including but not limited to the outsourcing service providers, software companies for call centers, complaints management and security assurance, agencies, consulting companies, companies in the printing sector, social media councils in order to perform member Contract and Services, for development of the member experience (including improvement and personalization), to ensure the safety of the member, to develop the Services, to investigate the operational evaluation, to rectify any mistakes, to verify the identity of the members and to carry out any of the purposes set forth in this Membership Contract.
DURMAZLAR may transfer personal data to third parties in abroad within the above-mentioned categories as well as abroad. Membership means approval for shared personal data as described here. Approval can also be requested from the member in writing.
8.6.Members' right to access the data and correction requests
The member has the following rights related to him / her by applying to DURMAZLAR:
• To learn whether personal data is processed or not,
• To request information about personal data if it has been processed,
• To learn the purpose of processing personal data and whether they are used appropriately for their purpose or not
• To know the third parties to which personal data are transferred in the country or abroad
• To request the correction of personal data if it is incomplete or incorrectly processed,
• To request that personal data be deleted or destroyed within the framework of the requirements of the applicable legislation,
• To request information regarding correction, deletion and destruction in accordance with the relevant legislation and regarding third parties to whom personal data are transferred,
• To object to the emergence of a consequence against the person himself resulting from the analysis of the processed data exclusively through automated systems,
• In case of suffering loss due to the processing of personal data in an illegal way, to request elimination of loss,
The member undertakes that his/her information is complete, accurate and up-to-date, in case of any change in these information, he/she will update these from the address of “info@DurmaCloud.com”. DURMAZLAR shall not be liable if the Member fails to provide up-to-date information.
The member can transmit abovementioned demand to the address of OSB 75. Yıl Bulvarı Cadde Nilüfer BURSA Turkey in writing, DURMAZLAR may give the reasoned positive / negative response in written or digital media regarding these demands.
It is essential that no fees shall be charged for the actions required regarding demands. However, if transactions require a cost, it is possible that the Personal Data Protection Board may charge a fee based on the tariff determined in accordance with Article 13 of the Protection of Personal Data Act No. 6698.
8.7.Data Storage Time
DURMAZLAR will keep obtained data for the Members to benefit this service in a best possible way, and to comply with the obligations arising from the nature of the Membership Contract within the framework of the conditions set forth in this Membership Contract for the time required for the purpose for which it is processed. The data from the machines are stored for the calendar year in which they were sent and for the following 2 years. The expired data are archived and removed from the database. For example, data received on May 15, 2023 will be kept in the database until 31 January 2023. Users can access the reports of the last 3 months from the application interface.For example, the data received on May 15, 2023 can be reported from the application interface until August 15, 2023. The data that has completed the 3-month period are stored in the DURMAZLAR database. If users need this data, they can request it from DURMAZLAR. In addition, DURMAZLAR may keep the personal data for any period of time specified in accordance with the applicable legislation, in the event of any dispute arising out of the Membership Contract, limited only to the extent necessary for the defense of the dispute.
8.8.Measures and Commitments of DURMAZLAR regarding Data Security
DURMAZLAR undertakes to keep the personal data of the members in a safe manner. It implements technical and administrative measures using various methods and security technologies to ensure the appropriate level of security in order to prevent unauthorized processing and access of personal data and to keep personal data. In addition, the personal data with special nature is processed by taking adequate measures determined by the Board. DURMAZLAR will not disclose personal data obtained about Members to third parties in contradiction with the provisions of this Membership Contract, and the provisions of the Protection of Personal Data Act No. 6698, and will not use it except for processing purposes. In the event that personal data belonging to members are shared with outsourcing service providers in accordance with the provisions of this Membership Contract, DURMAZLAR declares that its outsourcing suppliers will comply with the commitments under this article. However, if a link is given to another application via DurmaCloud, DURMAZLAR does not bear any responsibility for the confidentiality policies and contents of the applications.
9.DurmaCloud Cookie Policy
Like many websites, DurmaCloud also uses cookies to show personal content and advertisements to visitors, to conduct traffic analysis on the portal, and to understand visitor usage habits.
9.1. 9.1 The Cookies are very small text files that are stored by browsers on the computer (or other devices such as smartphones or tablets) via browsers and are usually composed of letters and numbers. Cookies do not contain any personal data such as name, gender, or address related to visitors. ("Cookies") Since cookies are created by the servers that manage the visited website, the server can understand when the visitor visits the same site. Cookies can be likened to identity cards that indicate to the website owners that the same visitor has visited the site again. For more information on cookies, visit www.aboutcookies.org and www.allaboutcookies.org.
9.2.Cookies may be classified in terms of their ownership, lifespan and intended use:
• Depending on the owner, DurmaCloud cookies and third party cookies are used. While DurmaCloud cookies are managed by DURMAZLAR, third party cookies are managed by different companies. • Depending on the life span, session cookies and persistent cookies are used. While session cookies are deleted with the visitor leaving the portal, the persistent cookies remain in their devices for a period of time. • Depending on the intended use, DurmaCloud uses technical cookies, verification cookies, targeting / advertising cookies, personalization cookies, and analytics cookies.
9.3.In DurmaCloud, Cookies are used for the following purposes: • To perform the basic functions necessary for DurmaCloud to operate. For example, portal members can log in with membership information. • To analyze DurmaCloud and improve its performance. For example, determining the number of visitors to DurmaCloud and making the performance settings accordingly or to make it easier for them to find what they are looking for. • To increase the functionality of DurmaCloud and provide ease of use. For example, to provide a link to third-party social media activities via the portal or to remember username information or search queries on a subsequent visit of the visitor who visits the portal.
9.4 9.4 The visitor's ability to freely use preferences as to which personal data belonging to visitors are collected is very important for DURMAZLAR. However, preference management is not possible for cookies that are mandatory for DurmaCloud to work. Also, if some cookies are closed, the various functions of DurmaCloud may not work. The information on how to manage preferences for cookies used in DurmaCloud is as follows: • The member has the ability to personalize their preferences for cookies by changing the browser settings they view DurmaCloud. If the used browser offers this capability, it is possible to change preferences for cookies via the browser settings. In this way, although it may vary according to what the browser has to offer, data owners have the option of preventing cookies from being used, choosing to be alerted before a cookie is used, or simply disabling or deleting some Cookies. These preferences vary by browser, but a general description can be found at https://www.aboutcookies.org/. Preferences for cookies may need to be made separately for each device for which the visitor has portal access.
10.Intellectual Property Rights
Information provided by DurmaCloud or provided by users under the law legally and all elements of this DurmaCloud (including but not limited to "DurmaCloud Database", "DurmaCloud Interface", design, text, image, html code and other codes) (all together Works of the DURMAZLAR which subject to Copyrights") are obtained under licence by DURMAZLAR and/or from third party by DURMAZLAR. The members do not have the right to resell, process, copy, share, distribute, display DURMAZLAR services, DURMAZLAR information and DURMAZLAR's Copyrighted Works or to allow any third party to access and use services of DURMAZLAR. The Member shall not reproduce, process, distribute or perform any derivative work on DURMAZLAR's Copyrighted Works except as expressly permitted by DURMAZLAR under the terms of use of the site described in this Membership Contract. In cases where the DURMAZLAR does not expressly authorize within the Membership Contract, DURMAZLAR reserves all rights regarding DURMAZLAR services, DURMAZLAR information, DURMAZLAR Copyright Works, DURMAZLAR Trademarks, Commercial appearance and regarding other assets and information obtained via this site.
11.Amendments in Membership Contract
DURMAZLAR may, at its sole discretion and unilaterally, modify this Membership Contract by publishing it at DurmaCloud at any time it considers appropriate. The amended provisions of the Membership Contract will become effective on the date they are published in DurmaCloud, and the remaining provisions will remain in effect and will continue to have consequences. This contract can not be amended by unilateral declarations of the member.
12.Force Majeure
In all cases that are considered as force majeure, DURMAZLAR is not liable for late or incomplete or non-performance of any of the acts determined by this Membership Contract. This and such circumstances shall not be deemed as delayment, incomplete or non-performance or default for DURMAZLAR or compensation will not be claimed from DURMAZLAR under any name for these circumstances. The term of Force Majeure shall be interpreted as events including but not limited to the disasters, riots, wars, strikes, communication problems, infrastructures and internet failures, systematic improvement or renewal works and failures which may be caused by this, electricity interruption and bad weather conditions that are beyond the reasonable control of the party and which the DURMAZLAR cannot prevent despite the necessary discretion.
13.Applicable Law and Authority
In case there is element of foreignness in the implementation, interpretation of this membership contract and in the management of the legal relations arising from the membership contract, Turkish Law will be applied except the rules of conflict of Turkish law. Bursa Courts and Enforcement Offices are authorized in the event of any disputes arising out of or arising out of the membership contract.
14.Validity of DURMAZLAR Records
The member accepts, declares and undertakes that the electronic and system records, commercial records, notebook records, microfilm, microfiche and computer records kept by DURMAZLAR in its database, servers shall constitute definite and exclusive evidence in case of disputes arising out of this Membership contract and release DURMAZLAR from oath and this articles has nature of evidence contract in the meaning of Article 193 of Code of Civil Procedure.
15.Validity
The terms and conditions specified in this Membership Contract and in DurmaCloud, which is an intergral part of membership contract and referred in this membership contract have been entered into force in electronic environment with electronic approval of the member. If any provision of the Membership Contract is invalid, illegal or unenforceable, it will not affect the validity of the remaining provisions of the contract.
16.Termination and Expiration
DURMAZLAR may terminate this membership contract unilaterally, terminate membership of the member, or temporarily suspend the member's membership at any time without justification, without notice, compensation, penalties and other liabilities. The violation of the rules stated in the DurmaCloud and the situation creating risk by the member in the information security system of DURMAZLAR are the reasons for termination of membership or temporarily suspending of the membership.
17.No Waiver:
The members accept, declare and undertake that if DURMAZLAR has not used/claimed any rights arising from this contract, it will not bear meaning that DURMAZLAR has waived from this right and also the members accept, declare and undertake that DURMAZLAR can use this right at any time.
18.Annexes of Membership Contract
The member unconditionally accepts, declares and undertakes that the terms and conditions published in DurmaCloud are an integral part of the this contract, he/she read and understood its contact and as a member, he/she will comply with the rules with the terms published in DurmaCloud by the membership contract.
This Individual Membership Contract (hereinafter referred to as "Membership Contract") is entered into force electronically between DURMAZLAR MAKİNA SANAYİ A.Ş. located in the address of “OSB 75. Yıl Bulvarı Cadde Nilüfer BURSA” (hereinafter referred to as "DURMAZLAR or “DURMA") and the member, who confirms this membership contract and annexes, which are integral parts of this contract, if any, and terms and conditions specified in the DurmaCloud.com portal in order to sign up the portal www.DurmaCloud.com.
2.Definitions
DurmaCloud: It is the website, where DURMAZLAR provides its services and consisting of subdomains affiliated to the domain name of www.DurmaCloud.com
Machine: Sheet processing machines such as Laser Cutting, Plasma Cutting, Press Brake, Shear, Punch produced by DURMAZLAR and used by member.
Member:The user who is signed up to DurmaCloud and benefits from the services provided in DurmaCloud within the terms specified.
Membership:It is the status obtained by the user after filling membership form in the DurmaCloud with correct and real information. You can not have the right and authority to become a member before the membership process is completed. "Membership" rights and obligations are the rights and obligations of the applicant, in whole or in part, which can not be transferred to any third party. If the DURMAZLAR is deemed necessary, "Membership" status of the member may be terminated.
Membership Contract:It is the electronic contract consisting of terms and conditions specified in DurmaCloud and annexes, if any, signed in the electronic form on the basis of the electronic approval of the user's understanding and acceptance of the Membership Contract and annexes, if any.
DurmaCloud Membership Account:The whole of web-pages dedicated to the member, where the member performs tasks and transactions required to benefit from the service offered within DurmaCloud, makes the request from DURMAZLAR regarding membership issues, updates membership information, displays the reports regarding provided services, accesses to the pages over DurmaCloud with the e-mail and password that are determined by itself and to be used as solely.
DurmaCloud Services (Services): These are the applications provided by DURMAZLAR in order to ensure that the members in DurmaCloud will perform the tasks and transactions defined in this Membership Contract. DURMAZLAR may make changes and / or adaptations to the services provided in DurmaCloud at any time. The terms and conditions regarding performed changes and/or adaptations that are obliged to complied by the member are communicated to the member via DurmaCloud, the described terms and conditions shall enter into force on the date of publication in DurmaCloud.
Content:Any kind of information, text, file, picture, video, figure etc.visual, written and auditory imagery which are published and are accessed in DurmaCloud.
DurmaCloud Interface: : Internet pages, which are used by members to view the contents created by DurmaCloud and machines and to query them from DurmaCloud Database and that give commands to the computer program for the realization of all kinds of operations that can be done through DurmaCloud within the designs protected by the Law of Intellectual Property Rights numbered 5846 and all Intellectual Property Rights belong to DURMAZLAR.
DurmaCloud Database: It is a database protected under the Law of Intellectual Property Rights No. 5846 belonging to DURMAZLAR, where contents accessed within DurmaCloud are stored, classified, interrogated and accessed.
Related Legislation: Law No:5846 on Intellectual Property Rights, Turkish Commercial Code 6102, Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting, Law No:6698 on the Protection of Personal Data, which may be related to this membership contract or other legislation which may be brought in place by or in addition to these by the legislator and which may be applied to this membership contract.
3.The Subject and Scope of the Membership Contract
The subject of this membership contract is the determination of the services offered at DurmaCloud, the terms of using these services, and the rights and obligations of the parties. Declarations such as warning, notification, application and explanation made by DURMAZLAR regarding the usage, membership and services in the DurmaCloud with Membership Contract. The Member acknowledges and undertakes to accept the provisions of this Membership Contract and to comply with any form of disclosure made by DURMAZLAR relating to the use, membership and services in DurmaCloud.
4.Terms of Membership
In order to become a member of DurmaCloud, it is necessary not to be temporarily excluded from membership, not to be suspended from membership or not to be forbidden for an unlimited time in the scope of the present membership contract by DURMAZLAR.
5.Rights and Obligations of the Parties
5.1 Rights and Obligations of the Member
5.1.1. The Member accepts and undertakes to comply with the rules, declarations, all applicable laws, and regulations and the rules of ethics specified in DurmaCloud, also the member accepts and undertakes that he/she understood and approved the terms and conditions of membership contract and all the terms and conditions of DurmaCloud. The legal and criminal liability regarding any transactions and actions performed by members within DurmaCloud belong themselves, the member accepts, declares and undertakes that DURMAZLAR has no responsibility regarding mentioned legal and criminal liabilities.
5.1.2. The members accept and undertake that they will not engage in activities that would lead to unfair competition in accordance with the provisions of the Turkish Commercial Code, they will not perform acts that damage the personal and commercial reputation of third parties and that will infringe or attack personality rights, they will act in accordance with the public order and public morals, they will take the measures required by the legislation, they will perform procedures, also, the members accept and undertake that they will not engage in any conduct that is unlawful, criminal, offensive, damaging to personal rights, infringement of intellectual property, copyrights, trademark rights and property rights.
5.1.3. The Members are obliged to monitor the information they have accessed within DurmaCloud only for the purpose of disclosing this information or for the purpose of the DURMAZLAR, for non-commercial purposes.
5.1.4. The use of whole DurmaCloud, or any part of it, for the purpose of breaking, altering, reverse engineering, to access site in a manner that interferes with, disrupts, or interferes with the communication or technical systems of DurmaCloud, the use of automatic program on the site, robot, spider, web crawler, spider, data mining data trawling and etc. "screen scraping" software or systems, automated tools or manual processes, the unauthorized access to the data or software of other members, to use of the site and the contents of DurmaCloud outside the usage limits determined by the conditions of use are illegal; DURMAZLAR reserves the right to any claims, lawsuits and follow-ups. In case of detection of usage contrary to these conditions and legislation; DURMAZLAR has the right to notify the member to the competent authorities. The Member acknowledges they are liable personally for the consequential damages and claims in case of such uses.
5.1.5. The Member accepts and undertakes that DURMAZLAR shall not be held liable for any direct or indirect damages that may arise in case of interruption of service in DurmaCloud, interruptions in information transmission, delays, failures, loss of data.
5.1.6.In the cases, where DURMAZLAR is obliged to make a statement to the public authorities in accordance with the provisions of the applicable legislation, the Member accepts and undertakes that DURMAZLAR is authorized to disclose the confidential / private / commercial information of the members to the official authorities and not to claim compansation from DURMAZLAR under any name.
5.1.7. Members are solely responsible for maintaining the confidentiality of e-mail and confidential information used by DurmaCloud members in accessing their membership account, ensuring that they are used exclusively and individually. The Member shall be liable for any and all damages, including material and / or moral damages, that be suffered a or will be suffered in future by other members and / or DURMAZLAR and / or third parties due to negligence or defects of the member in this matter.
5.1.8. The Member acknowledges and undertakes that the information and content provided by him/her within DurmaCloud is accurate and legitimate. DURMAZLAR is not responsible or liable for the investigation of the accuracy of the information and contents transmitted to the DURMAZLAR by the member or uploaded by the member via DurmaCloud. Also, DURMAZLAR shall not be liable for any damages arising out of or in connection with the erroneous or incorrect information or content of such information.
5.1.9. The Member cannot, in whole or in part, transfer this membership contract or its rights and obligations under this Membership Contract to any third party without the written consent of DURMAZLAR.
5.1.10.DURMAZLAR permits its members to use the DurmaCloud interface only for the purpose of examining their own machine data, it is not permitted to be accessed or try to access the machine data of other members for a specific purpose or for a whole purpose over database for any purpose other than that. Such acts are illegal; DURMAZLAR reserves the right to demand, demand and follow up.
5.1.11. The member can only benefit from this service if he / she has a valid and working internet connection. DURMAZLAR does not have any responsibility in case of connection interruption or data loss.
5.1.12. If the Member wishes to terminate the service, he may terminate his membership by notifying DURMAZLAR 3 months in advance. In this case, no refund will be made if payment has been made for this service.
5.2 Rights and Obligations of DURMAZLAR
5.2.1. DURMAZLAR accepts, declares and undertakes to fulfill the services specified in this Membership Contract within the terms and conditions stated in the DurmaCloud Membership Account related to the presentation of the related services and the terms of this membership contract and to establish and operate the technological infrastructure necessary for the provision of the services specified in the scope of this Membership Contract;
5.2.2. DURMAZLAR allows users to view the contents uploaded to the DurmaCloud database by the machines through the DurmaCloud Database by using the interfaces, also offers several types of listing services that prioritize the display of machines to make it easier for members to access machines of member, as well as offers reporting services under various categories for data submitted to the DurmaCloud database.
5.2.3.The obligation to install the technological infrastructure stated in this article does not mean an unlimited and complete service commitment, DURMAZLAR reserves the right to add new ones to its services within the scope of DurmaCloud, to change the terms and conditions of coverage of existing services, to change the content accessed within DurmaCloud at any time, to close third parties' access and to delete them. DURMAZLAR may use this right in the form that it desires without giving any notice and without giving time.
5.2.4. Durmazlar may give link via DurmaCloud to other internet sites and / or portals, files or content owned and operated by third parties. These links may be provided by members or by DurmaCloud only for reference purposes and do not have any kind of authentication statement or warranty nature to support the website or operator operated by the link or to the website or information contained therein. DURMAZLAR has no responsibility regarding the portals, internet sites, files and content, services or products offered through portals or internet sites accessed through these links, or about their contents accessed via links on DurmaCloud.
5.2.5.DURMAZLAR, the employees and managers of DURMAZLAR have no obligation to investigate and control the lawfulness, authenticity, and accuracy of the content provided by members in DurmaCloud.
5.2.6.DurmaCloud operates as "Hosting Service Provider" within the scope of Law No. 5651 on Regulating Broadcasting in the Internet and Fighting Against Crimes Committed through Internet Broadcasting and the letter dated 17.01.2013 numbered 581 issued by the Telecommunications Communication Presidency in accordance with this Law.
6.6.TERM OF USE
6.1.6.1 The member accepts, declares and undertakes that he/she fully understands the content of these Terms of Use in order to use DurmaCloud, accepts unconditionally all the matters stated in the Terms of Use, which are specified and will be specified in time in DurmaCloud, he/she will not object and not make plea regarding the issued specified in DurmaCloud.
6.2.6.2 DURMAZLAR may change these Terms of Use, any information contained in DurmaCloud, and the Content at any time without giving notice to the Member. These changes will be published periodically on DurmaCloud and will be effective on the date of its publication. Any natural or legal person using the DurmaCloud services for a fee or for free, or in any way gain access to DurmaCloud, are deemed to have accepted the terms of use and any changes made by DURMAZLAR to these terms of use. These conditions of use are published on the website; It is made accessible by any natural or legal person who uses DurmaCloud.
6.3.6.3 DURABILITIES may request a reasonable annual fee for continuation of membership and to be benefited from the service. Members whose machine warranty period has not expired are not charged an annual fee. At first or at any time, giving this service to a member free of charge does not mean a commitment that it is always to be free.
7.Confidentiality Policy
The purpose of this Confidentiality Policy is to determine the terms and conditions for the use of personal data obtained during the use of DurmaCloud and / or received from third parties. Members and DURMAZLAR accept the terms of this Confidentiality Policy. DURMAZLAR may use the information such as e-mail address that are requested during the sign-up phase outside the purpose and scope specified by the Membership Contract in order to conduct communication activities, research, marketing activities and statistical analyzes for promotional and informative purposes by e-mail, in-site informants and similar methods subject to the conditions stipulated in the applicable legislation and when necessary with additional approvals and in order to contact the member when it is necessary.
8.Protection of Personal Data DURMAZLAR, teknolojiye yatırım yaparak yenilikçi ürün ve hizmet uygulamaları ile internet alanında Üyelerine daha iyi hizmet vermek için sürekli kendisini yenilemekte ve en iyi hizmeti verebilmek için çalışmaktadır. DURMAZLAR, bu amacını gerçekleştirebilmek için Üyelerin kişisel verilerini aşağıda detayları açıklanan kapsam ve koşullarda işlemektedir.
8.1.DURMAZLAR collects personal data and machine data to work more efficiently and provide the best experience. The data are collected by using the following methods:
• Machine data: The data sent to DurmaCloud by the software running on the machine.
• The Data provided directly to DURMAZLAR: This refers to personal data provided by members on their own initiative for the performance of the Service and prior to or during the use of DurmaCloud. This personal data includes all personal data given directly to DURMAZLAR by members. For example, company name, e-mail, identity information, and content information within this category.
• The Data obtained by using DurmaCloud: This includes personal data about members' usage habits through specific software or technological tools during the service provided by DURMAZLAR. For example, location and frequency of use, as well as interest and usage data, are included in such data. DURMAZLAR has the right to associate situational behaviors of members on the site with a cookie in the browser to enable online behavioral analysis and to identify remarketing lists based on metrics such as number of pages viewed, duration of visit, and goal completions. While Google AFS ads are redirected to DURMAZLAR, Google may place cookies on Google users' browsers, read cookies contained in them, or use web signs with the purpose of gathering information.
8.2.DURMAZLAR collects various static (stable) and dynamic (variable) data from members with the methods specified in 8.1. The data collected by DURMAZLAR depends on the features and services it uses. Unless explicitly stated, the "personal data" statement describes the following information:
• Name and contact information, authentication information and demographic information.
• Usage Data and Favorites: The data collected from devices by means of various software and technological tools, including but not limited to the reasons for calling DURMAZLAR or Call Centers, date and time data of the product used, the machine information viewed through DurmaCloud, the responded channels, the last entry date to DurmaCloud, the type of post used, visited websites, entered search terms, visited machines and categories, the errors that occur during the use of services and similar data.
• Location Data: This includes data about precise or approximate locations of machines or members extracted from GPS data and IP and port addresses.
• Content Data: Documents showing that the machine belongs to the person or the person has authority on the machine, machine information, member information, notification description, solution description, satisfaction, notification reason, customer note, renewal date, feedback, error content indicated during use of service, intermediate information status and similar data.
8.3.What is the collected data used for?
Personal data shall be processed in accordance with the purposes of the Membership Contract and in accordance with the Law on the Protection of Personal Data No. 6698 and for the purposes specified below.
The data collected from machines and members will be processed with the purposes of internal evaluation, communication, user registration, acquisition of potential customer information, development of post-sales processes, business development, collection, customer portfolio management, promotion, analysis, complaint management, managing customer satisfaction processes, marketing, advertising, research, activity informing, execution and development of operational activities, measurement of service quality, development, inspection, control, optimization, customer verification, advertising, after-sales services, fraud detection, problem / error reporting, control, audit, risk management.
8.4.Where are Personal Data Stored and Processed?
The data obtained by DURMAZLAR may be stored and processed in domestic and abroad, in another country where DURMAZLAR or its affiliates, subsidiaries or co-operative service providers have facilities. Personal data collected under the Membership Contract shall be processed within the scope of legislation in force in the territory where the provisions and data are stored and processed, and within the prescribed security measures.
8.5.With whom the data are shared? DURMAZLAR may share the member's personal data and the new data obtained using this personal data with third parties and their affiliates, as required by applicable legislation including but not limited to the outsourcing service providers, software companies for call centers, complaints management and security assurance, agencies, consulting companies, companies in the printing sector, social media councils in order to perform member Contract and Services, for development of the member experience (including improvement and personalization), to ensure the safety of the member, to develop the Services, to investigate the operational evaluation, to rectify any mistakes, to verify the identity of the members and to carry out any of the purposes set forth in this Membership Contract.
DURMAZLAR may transfer personal data to third parties in abroad within the above-mentioned categories as well as abroad. Membership means approval for shared personal data as described here. Approval can also be requested from the member in writing.
8.6.Members' right to access the data and correction requests
The member has the following rights related to him / her by applying to DURMAZLAR:
• To learn whether personal data is processed or not,
• To request information about personal data if it has been processed,
• To learn the purpose of processing personal data and whether they are used appropriately for their purpose or not
• To know the third parties to which personal data are transferred in the country or abroad
• To request the correction of personal data if it is incomplete or incorrectly processed,
• To request that personal data be deleted or destroyed within the framework of the requirements of the applicable legislation,
• To request information regarding correction, deletion and destruction in accordance with the relevant legislation and regarding third parties to whom personal data are transferred,
• To object to the emergence of a consequence against the person himself resulting from the analysis of the processed data exclusively through automated systems,
• In case of suffering loss due to the processing of personal data in an illegal way, to request elimination of loss,
The member undertakes that his/her information is complete, accurate and up-to-date, in case of any change in these information, he/she will update these from the address of “info@DurmaCloud.com”. DURMAZLAR shall not be liable if the Member fails to provide up-to-date information.
The member can transmit abovementioned demand to the address of OSB 75. Yıl Bulvarı Cadde Nilüfer BURSA Turkey in writing, DURMAZLAR may give the reasoned positive / negative response in written or digital media regarding these demands.
It is essential that no fees shall be charged for the actions required regarding demands. However, if transactions require a cost, it is possible that the Personal Data Protection Board may charge a fee based on the tariff determined in accordance with Article 13 of the Protection of Personal Data Act No. 6698.
8.7.Data Storage Time
DURMAZLAR will keep obtained data for the Members to benefit this service in a best possible way, and to comply with the obligations arising from the nature of the Membership Contract within the framework of the conditions set forth in this Membership Contract for the time required for the purpose for which it is processed. The data from the machines are stored for the calendar year in which they were sent and for the following 2 years. The expired data are archived and removed from the database. For example, data received on May 15, 2023 will be kept in the database until 31 January 2023. Users can access the reports of the last 3 months from the application interface.For example, the data received on May 15, 2023 can be reported from the application interface until August 15, 2023. The data that has completed the 3-month period are stored in the DURMAZLAR database. If users need this data, they can request it from DURMAZLAR. In addition, DURMAZLAR may keep the personal data for any period of time specified in accordance with the applicable legislation, in the event of any dispute arising out of the Membership Contract, limited only to the extent necessary for the defense of the dispute.
8.8.Measures and Commitments of DURMAZLAR regarding Data Security
DURMAZLAR undertakes to keep the personal data of the members in a safe manner. It implements technical and administrative measures using various methods and security technologies to ensure the appropriate level of security in order to prevent unauthorized processing and access of personal data and to keep personal data. In addition, the personal data with special nature is processed by taking adequate measures determined by the Board. DURMAZLAR will not disclose personal data obtained about Members to third parties in contradiction with the provisions of this Membership Contract, and the provisions of the Protection of Personal Data Act No. 6698, and will not use it except for processing purposes. In the event that personal data belonging to members are shared with outsourcing service providers in accordance with the provisions of this Membership Contract, DURMAZLAR declares that its outsourcing suppliers will comply with the commitments under this article. However, if a link is given to another application via DurmaCloud, DURMAZLAR does not bear any responsibility for the confidentiality policies and contents of the applications.
9.DurmaCloud Cookie Policy
Like many websites, DurmaCloud also uses cookies to show personal content and advertisements to visitors, to conduct traffic analysis on the portal, and to understand visitor usage habits.
9.1. 9.1 The Cookies are very small text files that are stored by browsers on the computer (or other devices such as smartphones or tablets) via browsers and are usually composed of letters and numbers. Cookies do not contain any personal data such as name, gender, or address related to visitors. ("Cookies") Since cookies are created by the servers that manage the visited website, the server can understand when the visitor visits the same site. Cookies can be likened to identity cards that indicate to the website owners that the same visitor has visited the site again. For more information on cookies, visit www.aboutcookies.org and www.allaboutcookies.org.
9.2.Cookies may be classified in terms of their ownership, lifespan and intended use:
• Depending on the owner, DurmaCloud cookies and third party cookies are used. While DurmaCloud cookies are managed by DURMAZLAR, third party cookies are managed by different companies. • Depending on the life span, session cookies and persistent cookies are used. While session cookies are deleted with the visitor leaving the portal, the persistent cookies remain in their devices for a period of time. • Depending on the intended use, DurmaCloud uses technical cookies, verification cookies, targeting / advertising cookies, personalization cookies, and analytics cookies.
9.3.In DurmaCloud, Cookies are used for the following purposes: • To perform the basic functions necessary for DurmaCloud to operate. For example, portal members can log in with membership information. • To analyze DurmaCloud and improve its performance. For example, determining the number of visitors to DurmaCloud and making the performance settings accordingly or to make it easier for them to find what they are looking for. • To increase the functionality of DurmaCloud and provide ease of use. For example, to provide a link to third-party social media activities via the portal or to remember username information or search queries on a subsequent visit of the visitor who visits the portal.
9.4 9.4 The visitor's ability to freely use preferences as to which personal data belonging to visitors are collected is very important for DURMAZLAR. However, preference management is not possible for cookies that are mandatory for DurmaCloud to work. Also, if some cookies are closed, the various functions of DurmaCloud may not work. The information on how to manage preferences for cookies used in DurmaCloud is as follows: • The member has the ability to personalize their preferences for cookies by changing the browser settings they view DurmaCloud. If the used browser offers this capability, it is possible to change preferences for cookies via the browser settings. In this way, although it may vary according to what the browser has to offer, data owners have the option of preventing cookies from being used, choosing to be alerted before a cookie is used, or simply disabling or deleting some Cookies. These preferences vary by browser, but a general description can be found at https://www.aboutcookies.org/. Preferences for cookies may need to be made separately for each device for which the visitor has portal access.
10.Intellectual Property Rights
Information provided by DurmaCloud or provided by users under the law legally and all elements of this DurmaCloud (including but not limited to "DurmaCloud Database", "DurmaCloud Interface", design, text, image, html code and other codes) (all together Works of the DURMAZLAR which subject to Copyrights") are obtained under licence by DURMAZLAR and/or from third party by DURMAZLAR. The members do not have the right to resell, process, copy, share, distribute, display DURMAZLAR services, DURMAZLAR information and DURMAZLAR's Copyrighted Works or to allow any third party to access and use services of DURMAZLAR. The Member shall not reproduce, process, distribute or perform any derivative work on DURMAZLAR's Copyrighted Works except as expressly permitted by DURMAZLAR under the terms of use of the site described in this Membership Contract. In cases where the DURMAZLAR does not expressly authorize within the Membership Contract, DURMAZLAR reserves all rights regarding DURMAZLAR services, DURMAZLAR information, DURMAZLAR Copyright Works, DURMAZLAR Trademarks, Commercial appearance and regarding other assets and information obtained via this site.
11.Amendments in Membership Contract
DURMAZLAR may, at its sole discretion and unilaterally, modify this Membership Contract by publishing it at DurmaCloud at any time it considers appropriate. The amended provisions of the Membership Contract will become effective on the date they are published in DurmaCloud, and the remaining provisions will remain in effect and will continue to have consequences. This contract can not be amended by unilateral declarations of the member.
12.Force Majeure
In all cases that are considered as force majeure, DURMAZLAR is not liable for late or incomplete or non-performance of any of the acts determined by this Membership Contract. This and such circumstances shall not be deemed as delayment, incomplete or non-performance or default for DURMAZLAR or compensation will not be claimed from DURMAZLAR under any name for these circumstances. The term of Force Majeure shall be interpreted as events including but not limited to the disasters, riots, wars, strikes, communication problems, infrastructures and internet failures, systematic improvement or renewal works and failures which may be caused by this, electricity interruption and bad weather conditions that are beyond the reasonable control of the party and which the DURMAZLAR cannot prevent despite the necessary discretion.
13.Applicable Law and Authority
In case there is element of foreignness in the implementation, interpretation of this membership contract and in the management of the legal relations arising from the membership contract, Turkish Law will be applied except the rules of conflict of Turkish law. Bursa Courts and Enforcement Offices are authorized in the event of any disputes arising out of or arising out of the membership contract.
14.Validity of DURMAZLAR Records
The member accepts, declares and undertakes that the electronic and system records, commercial records, notebook records, microfilm, microfiche and computer records kept by DURMAZLAR in its database, servers shall constitute definite and exclusive evidence in case of disputes arising out of this Membership contract and release DURMAZLAR from oath and this articles has nature of evidence contract in the meaning of Article 193 of Code of Civil Procedure.
15.Validity
The terms and conditions specified in this Membership Contract and in DurmaCloud, which is an intergral part of membership contract and referred in this membership contract have been entered into force in electronic environment with electronic approval of the member. If any provision of the Membership Contract is invalid, illegal or unenforceable, it will not affect the validity of the remaining provisions of the contract.
16.Termination and Expiration
DURMAZLAR may terminate this membership contract unilaterally, terminate membership of the member, or temporarily suspend the member's membership at any time without justification, without notice, compensation, penalties and other liabilities. The violation of the rules stated in the DurmaCloud and the situation creating risk by the member in the information security system of DURMAZLAR are the reasons for termination of membership or temporarily suspending of the membership.
17.No Waiver:
The members accept, declare and undertake that if DURMAZLAR has not used/claimed any rights arising from this contract, it will not bear meaning that DURMAZLAR has waived from this right and also the members accept, declare and undertake that DURMAZLAR can use this right at any time.
18.Annexes of Membership Contract
The member unconditionally accepts, declares and undertakes that the terms and conditions published in DurmaCloud are an integral part of the this contract, he/she read and understood its contact and as a member, he/she will comply with the rules with the terms published in DurmaCloud by the membership contract.