GENERAL MOBILE

Date of Update: 23.09.2019

WEBSITE TERMS OF USE

Services offered on this website are provided by Telpa Telekomünikasyon Tic. A.Ş. (hereinafter referred to as “GENERAL MOBILE”), and the rightful owner of this website is GENERAL MOBILE which holds all manner of authority with respect to the use and ownership of the website.

By entering this website or using any information available on this website, you are deemed to have agreed to the following terms and conditions:

Telpa Telekomünikasyon Tic. A.Ş. cannot be held responsible for any direct or indirect damage that may arise from any breach of the contract, wrongful doing or any other reasons due to your entry into this website or use of the website or the information, data and programs etc. available on the website.

This website may involve links or references to other websites that are not under the control of GENERAL MOBILE. GENERAL MOBILE cannot be held responsible for the content of such websites or for other links they may include.

GENERAL MOBILE is the owner or the license holder of the general look and design of this website and for all the materials including all manner of information available on the website, as well as all images; the GENERAL MOBILE brand; the domain names of www.telpa.com and www.generalmobile.com; logos; icons; demonstratives; technical data in written, electronic, graphic or machine-readable format; computer software; and the sales system, business method and business model employed (“Materials”), and it is also the owner or the license holder for the intellectual and industrial property rights regarding the above, and all these Materials are legally protection. None of the Materials, including the relevant codes and software programs, covered by the website can be changed, copied, reproduced, translated into another language, republished, downloaded to another computer, mailed, transmitted, presented or distributed without prior consent or provision of a reference. The website cannot be used on any other website in whole or in part without permission. Any such use without permission shall result in legal and penal action. GENERAL MOBILE recommends its users and/or members visit the legal warning page whenever they enter the website. All other rights of GENERAL MOBILE not stated hereunder explicitly are reserved.

Moreover, GENERAL MOBILE reserves the right to re-organize the website, stop the streaming or alter any of the services and products available on this website or in the website extension; the website’s terms of use; the details and forms available on the website without having to serve any notice in advance. Alterations take effect at the time of their release on the website. Any real and legal persons benefitting from and/or accessing the services of this website are deemed to have accepted in advance any changes made by GENERAL MOBILE in the provisions of these terms of use. These conditions are also valid for all other web pages for which a link is provided.

SECURITY

Telpa Telekomünikasyon Tic. A.Ş. (hereinafter referred to as “GENERAL MOBILE”) applies various security measures on this website, not only to provide its users with a better shopping experience, but also to ensure that the experience is secure for them. Your credit card details on www.telpa.com will only be used during the order process and shall not be retained in the database.

An SSL Certificate is used to ensure that your details are sent to www.generalmobile.com and to ensure the security of the information sent with 128 bit encryption.

MEMBERSHIP AGREEMENT

1. PARTIES

This Membership Agreement (“Agreement”) has been executed between Telpa Telekomünikasyon Tic. A.Ş. being the owner of the www.generalmobile.com website and situated at the address of Profilo AVM Beşinci Yıl Sokak No:1/D 34394 Mecidiyeköy/Şişli/Istanbul ( “GENERAL MOBILE” ) and the website user who accepted the terms available on the www.generalmobile.com website (“Member”), in order to set out the conditions for the Member to benefit from the Services offered by GENERAL MOBILE.

GENERAL MOBILE and the Member shall be individually referred to as the “Party”, and collectively referred to as the “Parties” in this Membership Agreement.

2. DEFINITIONS

Buyer: Refers to real and/or legal persons who buy products and/or services from the Website.

Privacy Policy and Data Protection Statement: Refers to the text which sets out GENERAL MOBILE’s general privacy policy on personal data and the use of cookies, including matters such as the purposes for and the manner in which personal data submitted by the Members through this Website shall be used by GENERAL MOBILE, and which is available at https://www....

Profile Page : Refers to the Member-specific page which is accessible only with the username and password identified by the relevant Member and on which the Member may perform the necessary actions for use of this Website and receive the Services included in this Website and enter their personal information, as well as the information requested from them with regards to the website.

Services: Refers to the services provided by GENERAL MOBILE to enable Members to perform their actions and transactions as defined in this Membership Agreement.

Content: Refers to all visual, literary and audio content including any information, files, pictures, programs, numbers, prices, etc. published or accessible on the Website and/or any website.

Website: Refers to the website which can be accessed on the internet and where various services and content are offered within the framework set by GENERAL MOBILE.

Membership Agreement for the Website: Refers to this agreement that is executed online between GENERAL MOBILE and real and/or legal persons who will benefit from the commercial and personal services that are provided through the Website.

Personal Data: Refers to information such as the identity of the Member, their address, telephone number, IP address, the sections of the Website that they visit, as well as the domain type, browser type, date and time of their visits, etc.

User: Refers to the person who visits the website of GENERAL MOBILE.

Member: Refers to the real and legal person who wants to benefit from GENERAL MOBILE by purchasing products and whose membership is approved and accepted by GENERAL MOBILE after they completion of the membership form that they select. They shall briefly be referred to as “Members” in this agreement. Individuals who turned 18 can become a member by fully completing the relevant membership form on the Website using their real identity information. As for companies and other organizations which would like to become members, their legal representatives being at least 18-year-old can make them Members by fully completing the relevant membership form on the Website using their corporate information and authority to act on behalf of their organizations. The “Member Name” is unique to the member, and two different Members cannot have the same “Member Name”.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

• A user who wishes to become a Member can only acquire membership status after filling in the areas requested by this Membership Agreement on the Website with correct and up-to-date information before acceptance of the agreement and approval of their membership application by GENERAL MOBILE following an evaluation. Membership Status commences upon completion of the approval process and notification of same to the Member and, consequently the Member shall obtain the rights and obligations set forth in this Membership Agreement and in the relevant sections of the Website.

• A user who wishes to become a member must be at least 18 (eighteen) years of age.

• Any Member who does not provide correct and up-to-date information when filling in this Membership Agreement, is personally responsible for all damages that may arise due to this reason. A Member shall always be entitled to terminate its membership status by clicking on the “Cancel Membership” button on the My Account Page.

3.4. Under the Terms of Use of this Website, GENERAL MOBILE reserves all rights related to GENERAL MOBILE services; GENERAL MOBILE information; copyright-protected works of GENERAL MOBILE; GENERAL MOBILE trademarks; GENERAL MOBILE commercial outlook or other assets and information provided by GENERAL MOBILE through this Website, unless explicitly authorized by GENERAL MOBILE.

• The Member agrees and declares that they will fulfill all necessary legal obligations and legal procedures including those on the Website and that GENERAL MOBILE will be deemed to have no information and responsibility regarding such obligations and procedures, in cases where they wish to initiate a legal transaction and/or a purchasing process relating to the products and/or services they have viewed through the Website.

• The Member declares that they agree to act in accordance with the provisions of this Membership Agreement, all the conditions specified on the Website, the applicable legislation and the code of ethics in regard to the transactions and correspondences that they carry out on the Website. The legal and criminal liability for the transactions and actions that are performed by the Member on the Website lies with the Member.

• GENERAL MOBILE may, at the request of official authorities in accordance with applicable legislation, share the information of the Member with such authorities.

• The username and password that the Member requires to access the My Account Page and to perform transactions on the Website are created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The Member agrees, declares and undertakes that all transactions carried out under their username and password are indeed carried out by them; that they are fully responsible for the consequences of such transactions; that they cannot raise any pleas and/or objections in an attempt to claim that it was not them who performed such actions and transactions; and/or that they will not refrain from fulfilling their obligations based on such pleas or objections.

• The Member shall not use the Website in a manner that is against the law and morality, particularly with regards to the circumstances listed below.

• Using the Website to create, check, update or modify a database, record or directory on behalf of any person;

• Using the Website, in full or in part, for the purposes of distortion, alteration or reverse engineering;

• Performing transactions using false information or the information of another person; creating fake Membership accounts by using false or misleading personal data including a false or misleading residential address, email address, contact, payment or account information and using such accounts in violation of the Membership Agreement or the applicable legislation; using another Member’s account without permission; and being a party to or participant in transactions by impersonating someone or by using a false name;

• Transmitting viruses or any other harmful technology to the Website and the database or to any content;

• Engaging in activities that would create an unreasonably or disproportionately large load on the communications and technical systems specified by the Website or that would impair the technical operation; using “screen scraping” software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling on the Website without the prior written consent of GENERAL MOBILE; and copying, without permission, any content included on the Website, in full or in part, through the use of such methods with the intention of publishing or using the content.

• The Member is obliged to carry out the transactions on the Website in a way that would not financially or technically harm the Website owned by GENERAL MOBILE. The Member agrees and undertakes that they have taken all necessary measures including the use of required protective software and licensed products to protect the Website from any program, virus, software, unlicensed product, trojan horse, etc. that could damage the Website. The Member also agrees to not log onto their Account Page via a robot or other automatic login methods.

• The use of the Website or its content in violation of the terms of use specified in this Membership Agreement or the provisions of the applicable legislation is against the law, and GENERAL MOBILE reserves the right to make claims, take legal action and start legal proceedings for such violations.

• The Website may include links to other websites and/or other content which are owned and operated by other third parties and which are not controlled by GENERAL MOBILE. These links are provided for ease of reference for Members and are not meant to support any other website or its operators. These links do not provide any representations or warranties for the information contained in those respective websites. GENERAL MOBILE accepts no responsibility for websites which are accessed through links on the Website, nor for their content, nor for any damages that may arise from the use of such websites which remain the personal responsibility of the Members. GENERAL MOBILE may require written consent for access to such websites whose links are provided, or may at any time block access to links that GENERAL MOBILE may not deem appropriate.

• GENERAL MOBILE constantly checks the accuracy and currency of the information that is available on the Website. However, despite all efforts, the information on the Website may fall behind actual changes. The materials and information included for GENERAL MOBILE are presented on the Website as soon as they become available. There may be differences between the current status of the relevant service or information and their status on the Website. No express or implied warranties and representations are made on the currency, accuracy, conditions, quality, performance, marketability and fitness for a particular purpose of the information contained in the mobile Website, or to their completeness and their effect thereon, including but not limited to, other information, services or products which are available on GENERAL MOBILE’s Website and are connected to or independent of the information contained on the Website.

• The Member agrees that the files, information and documents on the Website, which are available for download and/or sharing, may not be free of viruses, worms, trojan horses, dialer programs, spam, spyware, or other malicious and damaging codes or materials and that GENERAL MOBILE makes no warranties in this regard. The responsibility to meet all software and hardware needs and to maintain and update such systems for blocking such malicious and damaging programs, codes or materials, and ensuring the accuracy of data input/output or recovering any lost data, lies entirely with the USER and the MEMBER. GENERAL MOBILE shall not be liable for any damage that may be incurred by the Member or any third parties due to data inaccuracies or losses that may be caused by such malicious programs, codes or materials. GENERAL MOBILE shall not be liable for any damage that may be incurred by the USER and the MEMBER or any third parties due to such malicious programs, codes or materials, data inaccuracies or losses.

• GENERAL MOBILE reserves the right to re-organize the Website and its content, stop and/or suspend the streaming or alter any of the services, products, campaigns, information, etc. available on this Website and its extension; the Website’s terms of use; the details available on the Website without having to serve any notice in advance. Alterations take effect at the time of their release on the Website. These alterations are deemed to have been accepted as soon as the Website is used or logged into. These conditions are also valid for all other web pages for which a link is provided. GENERAL MOBILE shall not be liable for any interruption to the service, error, negligence, interruption, deletion, loss, delay in the service or communication, computer virus, communication error, theft, destruction or unauthorized record entry, modification or use resulting from any breach of the contract, wrongful action, negligence or for any other reasons.

• GENERAL MOBILE, the organizations it collaborates with, GENERAL MOBILE employees and directors, and GENERAL MOBILE authorized dealers are not liable for the services provided and the content published by third parties on the Website. Commitment to the accuracy and legality of information, content, and visual and audio materials provided and published by any third party is entirely the responsibility of the third parties performing those actions. GENERAL MOBILE does not guarantee the safety, accuracy and legality of the services and content provided by third parties.

• Those who use the Website may only perform actions on the Website in accordance with the law and for personal purposes. Legal and criminal liability for every transaction and action performed by Members on the Website rests with the Members. Each Member undertakes not to engage in any activity that would constitute a violation of the rights of GENERAL MOBILE and/or any other third party. GENERAL MOBILE has no direct and/or indirect liability for damages that are or could be incurred by third parties due to the activities of the Members on the Website.

• The owner of this Website is GENERAL MOBILE. Information, texts, images, brands, slogans and other markings, as well as programs for the protection of information relating to various industrial and intellectual property rights, page layouts and presentation of GENERAL MOBILE on the Website are owned by GENERAL MOBILE or the organizations from which GENERAL MOBILE acquired authorization and license. Fully or partially copying, modifying, publishing, sending via the internet or other media, distributing and selling the information on this Website or any database, website, html codes of the software codes and other codes relating to the website pages, as well as the products, designs, images, texts, visual, audio and other materials, video clips, files, catalogs and lists included in the content of the Website are forbidden. The Member agrees and undertakes not to reproduce, copy, distribute or process the software, hardware and content of the Website, including but not limited to what is mentioned above, and not to compete directly and/or indirectly with GENERAL MOBILE either through such actions or by any other means. The Member does not have the right to resell, process, share, distribute or display GENERAL MOBILE services, GENERAL MOBILE information or copyright-protected works of GENERAL MOBILE, or to allow anyone else to access or use the GENERAL MOBILE services. Partially copying, printing, processing, distributing, reproducing and displaying the information on this page is only permissible for personal and non-commercial requirements and with the written consent of GENERAL MOBILE.

4. PRIVACY AND PROTECTION OF PERSONAL DATA

4.1. GENERAL MOBILE pays attention to ensuring the security of the data shared by Members through the Website to benefit from the Services offered on the Website, and to protect the same data in accordance with the legal legislation.

4.2. In this context, GENERAL MOBILE collects, uses, transfers and otherwise processes personal data provided by the Member, in accordance with the Clarification Text and Policy for the Protection and Processing of Personal Data available at https://www.generalmobile.com/tr/Cms/Kvkk. Such texts form an integral part of this Membership Agreement.

4.3. The Member agrees and declares that their personal data including their Name, Surname, ID Number, Telephone Number, E-mail Address and User Address can be processed by Telpa Telekomünikasyon Tic. A.Ş. (“TELPA”) in the capacity of data controller or by data processors authorized by TELPA, provided that TELPA ensures that such data processors take all necessary security measures, for the purpose of fulfilling the contractual rights and liabilities of the parties; providing the products, services and opportunities that are offered by GENERAL MOBILE to the Member and/or developing or improving such products and services; carrying out any electronic communication, profiling and statistical study intended for targeted advertising, sales, marketing, surveys, etc. through the oral or written collection of such data in physical-material or electronic environment by the sales and marketing departments of TELPA or its authorized data processors in line with the general principles stated in Article 4 of the Law No. 6698 on Protection of Personal Data (“KVK Law”), and particularly, the principle of storing data for the period required by the legislation or for a period that is required for the processing purposes of the data; and the Member further agrees and declares that they have been informed by TELPA on the above-mentioned issues and that they give their explicit consent under the KVK Law. The Member agrees and declares that their personal data can be transferred to TELPA group companies and/or the business partners (You can access our current list of group companies and business partners at [http://www.telpa.com/hakkimizda/kisisel-verilerin-korunmasi/] of TELPA, provided that such transfers are only for the above-mentioned purposes, and they explicitly consent to this. However, the Member also agrees and declares that they have been informed about their rights to find out whether their personal data is processed or not;and if so, request information about it; find out the processing purposes for their personal data and whether they are used for their intended purposes; know the domestic or foreign third parties to whom their personal data may be transferred; request a correction if their personal data has been processed incompletely or inaccurately; request the deletion or disposal of their personal data if the reasons for processing such data are no longer applicable; request that such requests from them for correction and deletion are notified to the third parties to whom their personal data has been transferred; object to the emergence of an unfavorable outcome for them through an exclusive analysis of the processed data by automated systems; and request to be compensated for damages if they incur any damages due to the unlawful processing of their personal data, by contacting TELPA and filling in the form at http://assets.generalmobile.com/download/ KVK_Telekom_Politika.pdf, as per Article 11 of the KVK Law and the relevant legislation, and the Member further agrees and declares that they give their explicit consent under the KVK Law. The Member agrees and declares that the personal data they share during this application is accurate and up-to-date.

5. INTELLECTUAL PROPERTY RIGHTS

Any intellectual property rights of the “GENERAL MOBILE” brand and logo; the mobile applications developed by GENERAL MOBILE; the design, software and domain name of the Website; and any brand, design, logo, commercial presentation, slogan and all other content created by GENERAL MOBILE in relation to them are owned by GENERAL MOBILE. The Member cannot use, share, distribute, display, reproduce or perform any work derived from the intellectual property rights owned by GENERAL MOBILE or its affiliated companies without their written consent. The Member cannot fully or partially use the Website in any other environment without the written consent of GENERAL MOBILE. If the Member acts in a manner that infringes the intellectual property rights of third parties or GENERAL MOBILE, the Member shall be liable to compensate GENERAL MOBILE and/or such third party for any direct and indirect damages and expenses that they incur.

6. AMENDMENTS

GENERAL MOBILE may, at its sole discretion, unilaterally amend this Membership Agreement and any text including the Clarification Text, Policy for the Protection and Processing of Personal Data, and Privacy Policy as well as any terms and conditions included in the Website at any time that it deems appropriate by announcing such amendments on the Website, provided that such amendments are not contrary to the provisions of any applicable legislation. The amended provisions of this Membership Agreement shall become effective on the date that they are announced on the Website, while the remaining provisions shall prevail and continue to remain in force.

7. FORCE MAJEURE

If riots, embargoes, state interventions, rebellions, occupations, wars, mobilizations, and any employee-employer dispute including strikes, lockouts, labor actions or boycotts, as well as cyber attacks, communication problems, infrastructure and internet failures, works related to system improvements or upgrades and malfunctions that may occur due to any of these, power failures, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters, or other incidents that are beyond the control of GENERAL MOBILE, and do not occur due to any fault on the part of GENERAL MOBILE, and are not reasonably foreseeable (“Force Majeure”) in preventing or delaying GENERAL MOBILE’s performance of its obligations under this Membership Agreement, then GENERAL MOBILE shall not be liable for any of its obligations that are prevented or delayed as a result of Force Majeure, and such conditions cannot be considered a violation of this Membership Agreement.

8. MISCELLANEOUS PROVISIONS

8.1. The Governing Law and Resolution of Disputes: This Membership Agreement shall be exclusively governed by the laws of the Republic of Turkey. Any dispute arising out of or related to this Membership Agreement shall be under the exclusive jurisdiction of the Istanbul (Çağlayan) Courts and Enforcement Offices.

8.2. Notifications: The Member is obliged to keep up to date their current address, email address, telephone number, etc. and any other information that they notified to GENERAL MOBILE. GENERAL MOBILE shall not be liable if the Member cannot be contacted due to changes in such information.

8.3. The Integrity and Severability of the Membership Agreement: This Membership Agreement constitutes the entire agreement between the Parties on this subject matter. In the event that any provision of this Membership Agreement is ruled to be completely or partially invalid, unenforceable or unreasonable by any competent court, arbitration committee or administrative authority, this Membership Agreement shall be deemed to be severable to the extent of such invalidity, unenforceability and unreasonableness, and all other provisions shall remain in full force and effect.

• Assignment of the Membership Agreement: The Member shall not be entitled to assign all or part of their rights or obligations under this Membership Agreement without the prior written consent of GENERAL MOBILE.

• Amendment and Waiver: The failure of any Party to exercise or enforce any right granted to them in the Membership Agreement shall not constitute a waiver of such right, nor impede the exercise or enforcement of such right at a later time.

9. COMMERCIAL ELECTRONIC MESSAGES

The MEMBER consents to the sending of SMSs, texts, emails or commercial electronic messages with content including payment reminders, administrative and legal proceedings, campaigns, advertisements, promotions, notifications, etc. by GENERAL MOBILE to the telephone numbers, email addresses and/or physical addresses that they have provided. If the MEMBER does not wish to continue to receive SMSs and/or emails in this way, they are required to notify GENERAL MOBILE of their request to discontinue such messages.

This Membership Agreement, which consists of 9 (nine) articles, comes into force as of the time of its approval by electronic approval, with each of its provisions having been read and fully understood by the Member.