Şartlar & Koşullar

1. PARTIES
1.1. This membership agreement ("Membership Agreement") is concluded between CARSPACE ELECTRONIC COMMERCE AND SERVICES INC. ("CARSPACE"), located at Halkalı Merkez, Dereboyu Cd. No:4, AntPlato Office No.70, 34303 Küçükçekmece, Istanbul, TURKEY, and the Member ("Member") to determine the terms of benefiting from the Services provided by CARSPACE on its Website.
1.2. CARSPACE and the Member will individually be referred to as the "Party" and collectively as the "Parties" in this Membership Agreement.

2. DEFINITIONS

• Cookie Policy: A text accessible via the Website through https://MDXCart.com/tr/about_web/pages/Gizlilik_ve_KVKK_Politikasi, which provides information about cookies used to ensure the functional operation of the Website, improve the shopping experience of Members, and provide content tailored to their preferences based on information related to their visits to the Website.
• Privacy and Personal Data Protection Policy: A text accessible via the Website through https://MDXCart.com/tr/about_web/pages/Gizlilik_ve_KVKK_Politikasi, which regulates CARSPACE's general privacy policy regarding personal data, including how the personal data submitted by Members through the Website will be used.
• My Account Page: A personalized page accessible only to the Member using a username and password, where the Member can perform necessary actions to benefit from various applications and Services on the Website and input personal information and requested details specific to each application.
• CARSPACE: Refers to CARSPACE ELECTRONIC COMMERCE AND SERVICES INC.
• Service: Refers to the services and applications provided by CARSPACE or CARSPACE’s designated business partners to facilitate the transactions and operations of Members and Visitors as defined in this Membership Agreement.
• Virtual Store: Refers to the virtual area allocated by CARSPACE on its Website where Sellers can publish advertisements consisting of content and visuals for the sale of one or more products and/or services, following CARSPACE's rules and procedures.
• Seller: Refers to the legal or individual Member who has joined the Website under a Seller Partnership and Advertisement Agreement with CARSPACE and offers various products and/or services for sale through advertisements published on their account on the Website.
• Member: Refers to an individual who joins the Website under this Membership Agreement with CARSPACE and purchases products and/or services offered for sale by Sellers through advertisements on the Website.
• Website: Refers to the website, mobile applications, and mobile site owned by CARSPACE, with the domain name MDXCart.com, through which CARSPACE provides the Services defined in this Agreement.
• Visitor: Refers to an individual who uses the Website without being a Member and benefits from the Services.

3. SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT
3.1. CARSPACE operates the Website and is an intermediary service provider in accordance with Law No. 6563 on the Regulation of Electronic Commerce.
3.2. Under this Membership Agreement, the Member wishes to join the Website, benefit from the Services, and purchase products and/or services sold by Sellers in Virtual Stores on this platform.
3.3. The purpose of the Membership Agreement is to determine the terms and conditions for benefiting from the Services and to identify the rights and obligations of the Parties in this regard. By accepting the Membership Agreement, the Member acknowledges and agrees to all statements regarding the Services, usage, content, applications, and other relevant declarations concerning Members, whether already present or to be added to the Website.
3.4. To avoid any doubt, this Membership Agreement is only between the Parties and covers the terms and conditions related to the Services offered on the Website. The relationship between Members and Sellers is not covered by this Membership Agreement, and CARSPACE is not responsible for any relationship between Members and Sellers. Members can exercise their rights under applicable laws, such as the Consumer Protection Law No. 6502, in relation to transactions conducted with Sellers in Virtual Stores.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. In order to gain membership status, the Member must approve the Membership Agreement and fill in the required information on the membership page with accurate and up-to-date details. The user wishing to become a member must be at least 18 (eighteen) years old. The Member who fails to provide accurate and up-to-date information while filling out the Membership Agreement is personally responsible for any damage that may arise as a result.
4.2. In the event of a dispute regarding the ownership of membership rights and obligations and if the relevant individuals make a request to CARSPACE, CARSPACE has the right to act based on the assumption that the last person who made a payment to CARSPACE for any Service using the relevant Membership account is the owner of the Membership account, and to proceed accordingly.
4.3. Since CARSPACE is not a seller of any product or service listed on the Website and is merely an "intermediary service provider" under Law No. 6563 on the Regulation of Electronic Commerce and a "host provider" under Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through These Publications, it is not responsible for any content posted on the Website that it did not publish itself and has no obligation to check whether such content complies with the law. However, CARSPACE has the right to review, block access to, or delete such content at its discretion, even though it has no obligation to do so. Members are responsible for any violation of CARSPACE’s or third-party rights through any images, written, or other content they post on the Website. The Member is responsible for any financial, legal, or criminal liabilities arising from such violations.
4.4. The Member acknowledges and agrees that, when making purchases from any Seller through the Website, in the distance sales contracts to be made, the Seller is the seller party and the Member is the buyer party; that CARSPACE is not a party to the said distance sales contract; and therefore, the Seller is solely responsible for any obligations under the applicable consumer law and other regulations. In this context, the Member acknowledges that the Seller is solely responsible for the quality, compliance with regulations, warranty, invoicing, provision of necessary documents, after-sales services, and timely delivery of all products displayed and sold in the Virtual Store.
4.5. The Member agrees and undertakes to act in accordance with the provisions of this Membership Agreement, all conditions specified on the Website, the applicable laws, and ethical rules when performing transactions and correspondence on the Website. The legal and criminal responsibility for any actions taken by the Member on the Website lies with the Member.
4.6. CARSPACE, in accordance with applicable laws, may share the Member's information with authorized authorities if requested, in compliance with the Personal Data Protection Law No. 6698, after informing the Member in advance, and in any case, subject to the data transfer rules.
4.7. The personal data collected from Members during registration and/or shopping on the Website may be shared with other Members and/or Sellers involved in a dispute related to fraud, abuse of the Website, or criminal activities under the Turkish Commercial Code No. 6100, to the extent necessary for the parties to exercise their legal rights, in accordance with the Personal Data Protection Law No. 6698, after informing the relevant person in advance and subject to the data transfer rules.
4.8. The username and password required for accessing the Member’s My Account page and performing transactions on the Website are created by the Member, and the security and confidentiality of this information are entirely the responsibility of the Member. The Member acknowledges that any transactions made using their username and password are considered as actions performed by them, and that they are solely responsible for these transactions. The Member also undertakes not to raise any objection or defense that the transactions were not carried out by them and agrees not to avoid fulfilling their obligations based on such a defense or objection.
4.9. The Member will not use the Website in any way that violates the law or ethical rules, including but not limited to the following actions:
4.9.1. Using the Website to create a database, register, or directory on behalf of another person;
4.9.2. Using the Website or any part of it to tamper with, modify, or reverse-engineer the content;
4.9.3. Performing transactions using incorrect information or another person's details, creating fake Membership accounts using incorrect or misleading address, email, contact, payment, or account information, or using these accounts in violation of the Membership Agreement or applicable laws, accessing another Member's account without permission, or participating in transactions under a false name;
4.9.4. Using the review and rating systems for purposes other than manipulating them or publishing comments outside the Website;
4.9.5. Spreading viruses or any other technology that harms the Website, its database, or any content on the Website;
4.9.6. Collecting any information about Members or Sellers, including email addresses, without the consent of the relevant individuals, or engaging in any other activities that would violate the Personal Data Protection Law No. 6698;
4.9.7. Engaging in activities that would impose unreasonable or disproportionate loads on the communications and technical systems established by the Website or damage its functionality, including using automated programs, robots, web crawlers, spiders, data mining, or data crawling without CARSPACE’s written consent, or copying, publishing, or using any part of the Website's content in an unauthorized manner;
4.9.8. Using the Services, campaigns, and advantages offered on the Website with the intent to gain unfair advantage or for malicious purposes, and agreeing not to violate the campaign conditions maliciously.
4.10. The Member is obligated to perform transactions on the Website in a manner that will not cause any technical harm to the Website. The Member agrees and undertakes to take all necessary precautions, including using protective software and licensed products, to ensure that all information, content, materials, and other content provided to the Website does not contain any harmful programs, viruses, software, unlicensed products, or other harmful technologies. The Member also agrees not to attempt to access the Account Page using automated methods such as robots.

5. TERMINATION OF THE AGREEMENT
5.1. Either party may unilaterally terminate this Membership Agreement at any time without paying compensation. In the event of such termination, the parties shall fulfill all rights and obligations accrued until the termination date.
5.2. If CARSPACE determines that the Member has violated any provision of this Membership Agreement or has reasonable suspicion of such a violation, CARSPACE has the right to suspend or terminate the membership, as well as to take legal action. If damage results from this violation, the member who committed the violation shall be responsible for compensating the damage.

6. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
6.1. As the Website, CARSPACE attaches great importance to the processing, security, and protection of the personal data provided by the Member through the Website in accordance with the Personal Data Protection Law No. 6698 and other relevant regulations. In this context, CARSPACE may collect, use, transfer, and process the personal data provided by the Member in accordance with the Privacy and Personal Data Protection Policy and the Cookie Policy published on the Website. The Member understands that they can always review the Privacy and Personal Data Protection Policy on the Website for more information about the conditions related to the use of their personal data and their rights and can contact CARSPACE via email at technical@MDXCart.com or through other methods specified in the Application Form on the Website.
6.2. The personal data shared by the Member on the Website for the purpose of creating a Membership or benefiting from the Website is collected, stored, and processed by CARSPACE or its business partners in accordance with the Privacy and Personal Data Protection Policy and Cookie Policy for the fulfillment of obligations specified in the Membership Agreement, operation of the Website, providing various benefits to the Member or Visitor, carrying out payment transactions, delivering orders, performing customer service and complaint follow-up, and conducting Member-specific advertising, sales, marketing, surveys, profiling, and statistical studies. In addition, these personal data will be shared with CARSPACE’s business partners for the purpose of communicating with the Member in compliance with the Personal Data Protection Law No. 6698 and other relevant regulations, provided that the obligations arising under the law are fulfilled.

7. INTELLECTUAL PROPERTY RIGHTS
The MDX Cart.com brand and logo, the design, software, domain name of the MDX Cart.com mobile application and Website, and all types of brands, designs, logos, commercial presentations, slogans, and other content created by CARSPACE are the intellectual property of CARSPACE.
The Member may not use, share, distribute, display, reproduce, or create derivative works from any intellectual property rights owned by CARSPACE or its affiliates without CARSPACE’s permission. The Member may not use the MDX Cart.com mobile application or Website, in whole or in part, on any other platform without CARSPACE’s permission. If the Member acts in a way that violates the intellectual property rights of third parties or CARSPACE, the Member is responsible for compensating all direct and indirect damages and expenses incurred by CARSPACE and/or the third party.
To avoid any doubt, all intellectual property rights such as titles, business names, trademarks, patents, logos, designs, information, and methods, whether registered or unregistered, on this site belong to the site operator, the owner company, or the designated party. The use of this Website or any services provided through this Website does not grant any rights regarding these intellectual property rights.
The information on the Website may not be reproduced, published, copied, presented, or transferred in any way. The entirety or any part of the Website may not be used on another website without authorization. In the event of such a violation, the user will be responsible for compensating the amount of damages claimed by third parties, as well as court fees, attorney fees, and any other obligations, including but not limited to the aforementioned. 

8. CONTRACT AMENDMENTS
CARSPACE, at its sole discretion, may unilaterally amend this Membership Agreement and any policies, terms, and conditions, including the Privacy and Personal Data Protection Policy and the Cookie Policy on the Website, at any time, provided that such changes do not contradict the applicable legal provisions. The amended provisions of this Membership Agreement will become effective upon their publication on the Website, and the remaining provisions will remain in full force and continue to have their effects. For the avoidance of doubt, this Membership Agreement cannot be amended unilaterally by the Member.

9. FORCE MAJEURE
In the event of disturbances such as riots, embargoes, government intervention, uprisings, occupation, war, mobilization, strikes, lockouts, labor disputes, cyberattacks, communication issues, infrastructure and internet failures, system improvements or upgrades, and any resulting malfunctions, power outages, fires, explosions, storms, floods, earthquakes, migration, pandemics, or other natural disasters, or any other events outside of CARSPACE's control, not caused by its fault and unforeseeable in a reasonable manner ("Force Majeure"), if such events prevent or delay CARSPACE from fulfilling its obligations under this Membership Agreement, CARSPACE shall not be held responsible for any failure or delay in performance due to Force Majeure, and this situation shall not be considered a breach of this Membership Agreement.

10. MISCELLANEOUS PROVISIONS

10.1. Evidence Agreement: The Member agrees that in any disputes arising from this Membership Agreement, the official books and commercial records of CARSPACE, as well as the e-archive records, electronic data, electronic correspondence, and computer records stored in CARSPACE’s database and servers, shall constitute binding, definitive, and exclusive evidence. The Member acknowledges that this clause constitutes an evidence agreement under Article 193 of the Turkish Code of Civil Procedure No. 6100.

10.2. Applicable Law and Dispute Resolution: This Membership Agreement shall be exclusively governed by the laws of the Republic of Turkey. Any disputes arising from or in connection with this Membership Agreement shall be subject to the exclusive jurisdiction of the Istanbul Central (Çağlayan) Courts and Enforcement Offices.

10.3. Notification: CARSPACE will communicate with the Member through the email address provided by the Member during registration or by calling the phone number and sending SMS messages. The Member is obligated to keep their email address and phone number up to date.

10.4. Entirety and Severability of the Membership Agreement: This Membership Agreement constitutes the entire agreement between the Parties regarding the subject matter. If any provision of this Membership Agreement is declared invalid or unenforceable, in whole or in part, or unreasonable by any competent court, arbitration panel, or administrative authority, such invalidity, unenforceability, or unreasonableness will not affect the remaining provisions, which will remain in full force.

10.5. Assignment of the Membership Agreement: The Member may not assign or transfer any of their rights or obligations under this Membership Agreement, in whole or in part, without prior written consent from CARSPACE.

10.6. Amendment and Waiver: The failure of either Party to exercise any right granted under this Membership Agreement or to enforce any provision will not be deemed a waiver of that right or provision, nor will it prevent the exercise or enforcement of that right in the future.

10.7. Notification: All notifications related to this Agreement will be made via the company’s known email address or the email address specified by the Member in the membership form. The Member agrees that the address provided during registration is the valid notification address and that they will notify the other party in writing within 5 days in case of any changes. Otherwise, notifications made to the specified address will be deemed valid.

This Membership Agreement, consisting of 10 main clauses and 7 pages, has come into effect upon the electronic approval of the Member after each provision has been read and fully understood.