MERCHANT PARTNER AGREEMENT

A.    PARTIES

This Merchant Partner Agreement and its annexes, operated and serviced by DOF ROBOTİK SANAYİ ANONİM ŞİRKETİ (hereinafter briefly referred to as "DOF"), located at "Yeşilköy Sb Mah. M Blok Sk. M Blok No: 1 Bakırköy / ISTANBUL" under the full authorization of AMUSEME INC., for the mobile application named "WUGO", has been made electronically between DOF and the individual who has given and accepted consent to this agreement and its annexes (hereinafter referred to as the "SELLER"), and has come into effect simultaneously.

B.    CORPORATE INFORMATION

TRADE NAME: DOF ROBOTİK SANAYİ ANONİM ŞİRKETİ

TRADE REGISTRY NUMBER: 261166-5

HEAD OFFICE ADDRESS: Yeşilköy Sb Mah. M Blok Sk. M Blok No: 1 Bakırköy / ISTANBUL

CONTACT NUMBER: 02128010003

EMAIL ADDRESS: [email protected]

KEP ADDRESS: [email protected]

TAX NUMBER: 3020516063

MERSIS NUMBER: 0302051606300017

C.     SUBJECT

1.     The subject of this agreement pertains to the scope of services provided through the mobile application named "WUGO", which is made available on electronic media distribution/sales platforms such as the Play Store, App Store, etc., and to determine the rights and obligations of the parties in this regard.

 

2.     The relationship between the Seller and Buyers does not fall within the scope of this Agreement; DOF only grants the right to sell products/services to Sellers on the Platform and is in no way a party to the contractual relationship between the Seller and Buyers. The Seller will be personally responsible for the sales transactions conducted through the Platform towards the Buyers within the framework of the existing legal provisions.

D.    DEFINITIONS

1.     BUYER: Refers to the real or legal person User who purchases goods and/or services offered for sale by the Seller on the platform.

 

2.     INTERMEDIARY SERVICE PROVIDER: Refers to the status of DOF, which provides an electronic commerce environment for the user to conduct their economic and commercial activities on the portal as required by Law No. 6563 on the Regulation of Electronic Commerce. According to Article 9 of Law No. 6563, DOF is not obliged to check the content provided by users conducting economic and commercial activities on the Portal, or to investigate whether there is any illegal activity or situation related to this content and the products or services in question; thus, each user is exclusively responsible for the content of their own economic and commercial activities.

 

3.     WEBSITE: Refers to the domain name https://www.wugo.app/ and other internet addresses connected to it.

 

4.     LAW: Refers to the Law No. 6502 on Consumer Protection.

 

5.     PERSONAL DATA PROTECTION LEGISLATION: Refers to all kinds of laws in force or enacted regarding the protection of Personal Data, primarily the Personal Data Protection Law No. 6698 ("PDPL"), international treaties to which Turkey is a party, regulations, by-laws, circulars, and decisions by the Personal Data Protection Board.

 

6.     PERSONAL DATA: According to Article 3/d of the Personal Data Protection Law No. 6698 (PDPL), refers to all kinds of information related to an identified or identifiable natural person.

 

7.     PROCESSING OF PERSONAL DATA:  It is any operation performed on personal data such as obtaining, recording, storing, retaining, modifying, reorganizing, disclosing, transferring, taking over, making available, classifying or preventing the use of personal data by fully or partially automatic means or by non-automatic means provided that it is part of any data recording system.

 

8.     TERMS OF USE, RULES, AND POLICIES:  Refers to all terms of use, rules, and policies determined by DOF, which are continuously published on the Portal and include terms, procedures, and principles of use for products, services, and content offered on the portal, as well as responsibilities, obligations, applicable rules and sanctions, responsibilities arising from regulations, and other matters. DOF has the right and authority to make changes or updates to these terms of use, rules, and policies if it deems necessary, due to legal obligations or other reasons. Changes or updates come into effect at the moment they are published on the Portal. If necessary, DOF can notify the member of these changes or updates through electronic mail, SMS, and other consent-information methods.

 

9.     SPECIAL CATEGORIES OF PERSONAL DATA:  According to Article 6/1 of PDPL No. 6698, the data related to the race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, appearance and dress, association, foundation or union membership, health, sex life, criminal convictions, and security measures, as well as biometric and genetic data, are considered special category personal data.

 

10.  PLATFORM: Refers to all of DOF's software and/or internet addresses called "WUGO" that are offered through electronic media distribution/sales platforms such as Play Store, App Store, etc., that run on technological devices such as mobile phones, tablets and computers, and through which products, services or content offered by DOF or third parties that DOF serves as hosting providers can be accessed.  If necessary, DOF can change the current internet site addresses of the offered products, services, and content. In the case of a change, the reported domain name will become the service provision location.

 

11.  SELLER:  Refers to the real/legal person user who offers various goods and/or services for sale through the account created on the platform.

 

12.  USER:  Refers to the real or legal person who has the right to use the products, services, or content offered on the Platform within the framework of user agreements and authorizations.

 

13.  USER AGREEMENT:  Refers to this agreement and its annexes, which are approved by individuals applying to use the Platform with a secure electronic signature, wet signature, or other electronic methods. The Terms of Use, Rules and Policies, Personal Data Protection Policies, and Other Information and Documents published on the Platform are an integral part of this user agreement.

 

14.  USER ACCOUNT:  This is a set of mobile applications and/or web pages that can be accessed with the username and password determined exclusively by the User and undertaken to be used by the User in order to benefit from the products and services available on the Platform, and where commercial, administrative, financial, and legal transactions and follow-ups can be made in case the User is a seller. The user account also includes the pages where the user communicates with other users with whom he/she has commercial relations on the Platform as a seller and with DOF, and where he/she sees the comments and score data regarding his/her activities on the Platform.

 

15.  DATA SUBJECT/RELATED PERSON: Refers to the real person whose personal data is processed.

 

16.  HOSTING PROVIDER: DOF operates as a "Hosting Provider" within the scope of the "Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publication".

 

17.REGULATION: Refers to the Distance Contracts Regulation published in the Official Gazette No. 29188 dated 27.11.2014.

 

18.  VISITOR:  Refers to all real or legal persons, other than users, who access the Platform.

 

E.     GENERAL ACCEPTANCES, RULES, AND OBLIGATIONS

1.     The SELLER can create only one seller account using the telephone number and/or email address provided during the seller account application process. DOF does not grant more than one login right to the SELLER and shares single seller account information.

 

2.     The SELLER is exclusively and individually responsible for protecting and keeping their assigned username and passwords confidential, not sharing them with third parties, ensuring their security, and making password changes at regular intervals. Furthermore, the SELLER cannot use another person's IP address, email address, username, or other information in the online environment, nor can they access or use the private information of other USERS and/or SELLERS without permission. The SELLER irrevocably accepts, declares, and undertakes that they are individually responsible for all kinds of negative and/or positive damages that other USERS, other SELLERS, DOF, and/or third parties may incur or may incur due to their negligence or faults in these matters.  

 

3.     The SELLER agrees, declares, and undertakes not to share the password created during or after the seller account registration with third parties, to immediately report to the DOF email address specified in this agreement if they detect any unauthorized use of their password, and that DOF will have no liability in such cases if the SELLER fails to notify DOF.

 

4.     The SELLER irrevocably accepts, declares, and undertakes that they will act in accordance with the terms of use, rules, and policies stated on the Platform, all applicable legislation and moral rules, security measures, and similar notifications. By approving the "User Agreement" and "Merchant Partner Agreement," the SELLER simultaneously acknowledges and approves all the terms of use, rules, and policies on the Platform.

 

5.     DOF can categorize SELLERS. In this categorization, factors such as reviews and ratings by buyers, compliance of the content with legislation, this Agreement and its annexes, significant increases in sales rates, etc., are taken into consideration. DOF is the sole authority to make this categorization. DOF can change the type and characteristics of this categorization at any time and in any way it deems fit, unilaterally. DOF can offer different opportunities to each group. These matters are included in the Terms of Use, Rules, and Policies Document.

 

6.     The SELLER is obligated to accurately fill out the information requested in the "verify organizer account" application form to benefit from the services specified in this agreement and to record it in the system as indicated. DOF will not be held responsible for any entries by the SELLER that violate the rules stated in the system. The SELLER accepts, declares, and undertakes responsibility for the accuracy and completeness of all information uploaded to the system, to update the information as necessary, not to provide incorrect or incomplete information, and that they will be solely responsible for any material and moral damages arising against DOF and/or third parties otherwise.

 

7.     DOF reserves the right to make any changes to this agreement and its annexes. The current version of this agreement and its annexes will be available in the “Settings” section within the application, and it is the SELLER's responsibility to regularly check and carefully review the current version of the agreement and its annexes. If the SELLER does not accept any of the specified terms, they may cancel their seller privileges and account; if they do not cancel, they will be deemed to have accepted all conditions related to the application. DOF is not obligated to inform the SELLER about changes in the agreement, make them aware, or have any other responsibility in this regard.

 

8.     The SELLER can offer goods/services within the conditions permitted by the application in their designated SELLER account section. If any content contrary to this is detected, it will be immediately removed by DOF without any notification or approval required, and a warning will be issued to the SELLER.

 

9.     The SELLER is responsible for issuing invoices and other relevant documents as required by law for the items sold through the Platform and presenting them to the BUYER.

    

10.  DOF can determine various campaigns and gifts within the Platform, the conditions of which will be set by DOF itself. In this case, the SELLER has no right to object and is obliged to fulfill DOF's requests and demands to the letter. Otherwise, all of the SELLER's accounts on the Platform may be canceled.

 

11.  The SELLER agrees, declares, and undertakes that in distance sale contracts to be concluded with them through the Platform, they are solely the seller party and the USER is the buyer party; DOF is not a party to the said distance sale contract; therefore, they are personally responsible in every sense to the USER under the applicable consumer law legislation and other regulations, and they fully indemnify DOF from any responsibility and obligation related to these. In the event of any damage to DOF due to these reasons, they will fully recourse to the SELLER. In this context, the SELLER will be personally and exclusively responsible for the quality of all products/services displayed and sold on the Platform, their compliance with legislation, issuance of warranty certificates, invoicing, delivery of other necessary documents, and providing post-sale services and other services, and for timely delivery or cancellation of the products/services.

 

12.  The SELLER agrees, declares, and undertakes to deliver all products and/or services offered for sale on the Platform to the BUYER complete, in full and proper condition, and free from all explicit, implicit, and hidden defects, and acknowledges that in case of failure to do so, they will be solely responsible for all legal, administrative, and criminal liabilities.

 

13.  The SELLER is obliged to conduct all activities carried out on the Platform in a manner that does not technically harm the Platform in any way and is responsible for taking all necessary administrative, technical, and legal measures to ensure this.

 

14.  The SELLER is obligated to provide for each product, included in the sales price and separately, a Turkish user manual, warranty certificate, technical service list, and all kinds of accessories, documents, brochures, tax stamps, and other paperwork that are stated on the purchase document and/or are required to be delivered with the product, as well as other information and documents required by legislation, all within the product's packaging. Since DOF is not a party to the Distance Sale Contract, it should not be obligated to check whether these information and documents are inside the shipping box. The SELLER accepts, declares, and undertakes to compensate for any damages incurred by DOF due to the lack of these mentioned information and documents.

 

15.  The SELLER irrevocably accepts, declares, and undertakes that the information and contents provided by them within the website and/or mobile application will not constitute a violation of law, morals, public order, all applicable legislation, this Merchant Partner Agreement, and the User Agreement, and will not constitute a crime or violate any rights of third parties, including privacy and copyright rights. In the event of any violation causing harm to relevant individuals, the SELLER will be solely responsible for compensating for any damages suffered or to be suffered by relevant individuals.

 

16.  DOF operates as a Hosting Provider under the Law No. 5651 on Regulation of Publications on the Internet and Combating Crimes Committed through These Publications. The SELLER irrevocably accepts, declares, and undertakes that they are responsible for ensuring the accuracy, originality, reliability, and legality of all content and information they upload to the mobile application in accordance with relevant legislation, and that in the event of any damages arising from these, DOF will not be held responsible in any way. Consequently, the SELLER accepts that they will be liable to indemnify DOF for any and all negative and/or positive damages incurred due to these reasons.

 

17.  DOF agrees, declares, and undertakes to provide the services specified in this Merchant Partner Agreement and described on the Platform, and to establish and operate the necessary technological infrastructure for these services, within the conditions and descriptions included in the Merchant Partner Agreement. This obligation does not imply an unlimited, uninterrupted, and complete service guarantee. DOF reserves the right to completely stop or terminate the services determined by this Merchant Partner Agreement at any time without any notification.

 

18.  In cases where DOF is obliged to provide explanations to official authorities in accordance with the provisions of the current legislation, it can share the information it has about the SELLER with the relevant authorities without the need for the SELLER's consent or knowledge. In such cases, the SELLER cannot claim any material and/or moral compensation.

 

19.  If the SELLER causes any damage to DOF by exploiting any systemic or technical vulnerability, gains unjust benefit, or if DOF identifies any misuse of its website, DOF reserves the right, in addition to all its rights arising from legislation, to cancel the concerned transactions; terminate all of the SELLER's accounts; and unilaterally and immediately terminate this Agreement and related Contracts.

 

20.  The SELLER acknowledges, declares, and undertakes that DOF is the owner and creator of the intellectual and industrial property rights of the products/services/contents, design, naming, positioning, texts, graphics, user interfaces, visual interfaces, software, commands, source codes, APIs, photographs, sounds, music, videos, interactive features, brands, and logos offered via the website and/or mobile application, as well as systems, software, databases, materials, and arrangements, logos, titles, brands, etc. These rights are exclusively owned by DOF, and the SELLER agrees not to engage in any action or behavior that partially or fully violates these rights.

 

21.  Links to other internet sites, portals, files, or contents owned and operated by other SELLERS, providers, and third parties may be provided on the Platform. However, these links do not imply endorsement, verification, or guarantee of the linked website, its operator, or the information it contains in any way. DOF bears no responsibility for the portals, websites, files, and content accessed through these links on the Platform, nor for the services or products offered or their content from the portals or websites accessed through these links.

 

22.  The SELLER must complete the specified procedures to cancel their seller account by clicking on the "Delete Account" option in the "Account Settings" within their own account. Otherwise, if they do not complete the cancellation, DOF may continue to receive automatic payments (such as commissions, event tickets, etc.), and DOF will not be held responsible for these actions and transactions.

 

23.  This Merchant Partner Agreement comes into effect upon DOF's acceptance of the application and remains in force indefinitely unless terminated by the parties. The SELLER can terminate their seller account/membership without giving any reason according to clause E/22. In such a case, they will be required to pay in full all due payments, including the commission fee, until the termination of their account/membership. Payments made will not be refunded due to the non-completion of the membership duration/time condition

 

24.  In the following written cases, DOF reserves the right to suspend the services provided to the SELLER and retains its legal rights against individuals involved in the following activities:

24.1.  If false, irregular, incomplete, and misleading information, statements not conforming to public security and general moral rules, and information not compliant with the laws of the Republic of Turkey are recorded in the system;

24.2.  If DOF detects that the services on its website or mobile application are used for purposes other than intended, or if services are partially or wholly copied and used or attempted to be used for different purposes;

24.3.  If transactions are made using false information or someone else's information, including but not limited to incorrect or misleading residence addresses, email addresses, contact, payment, or account details, leading to the creation of fictitious seller accounts, unauthorized use of another SELLER's account, or participation in transactions under a false identity or name;

24.4.  If any technology such as automatic programs, robots, web crawlers, spiders, data mining, and data crawling software or systems, or similar technologies that are harmful to the Platform, its database, or any content on the Platform, known as "screen scraping," are used;

24.5.  If activities are conducted using software that threatens the general security of DOF's website or mobile application software, obstructs DOF's infrastructure, or involves obtaining, deleting, altering, or attempting to alter information.

 

25.  The SELLER is bound by all the content published on the Platform and will be responsible for all commitments arising from them. In this context, if the SELLER partially or completely fails to fulfill any obligations undertaken by this Agreement, the terms of use, or other documents, provides misleading or false information, violates personal data, infringes intellectual and industrial property rights, damages reputation and respectability, or poses a risk to the information security system, DOF can immediately suspend their seller account. The suspension will be lifted or the seller account will be canceled depending on the outcome of the necessary investigation or the rectification of the non-compliance within the given period. In such cases, DOF can claim and collect all positive and/or negative damages incurred from those whose seller accounts are canceled.   

 

26.  DOF may suspend or cancel the seller accounts of those who are the subject of complaints by customers, users, or visitors. The seller accounts of those SELLERS who fail to meet the performance criteria set by DOF may be suspended or canceled.

 

27.  New seller account applications for the same or different status may be rejected for individuals or businesses whose accounts have previously been suspended or canceled by DOF.

 

28.  In cases where DOF suspends or cancels a seller account, or rejects a new seller account application, the SELLER cannot claim any rights or demands from DOF for punitive damages, compensations, loss of profit, missed earnings, loss of reputation, or any other negative or positive damages.

 

29.  The SELLER agrees to enter into contracts with BUYERS only through the Platform and to conduct such commercial activities exclusively on the Platform. If it is discovered that the SELLER has made off-platform agreements with BUYERS they met through the Platform to avoid paying commission to DOF, the SELLER will be obliged to pay the stipulated penalty fee.

 

30.  If the SELLER fails to fully or partially fulfill any obligations under this Agreement and/or its annexes, DOF has the right to claim compensation for all incurred damages. DOF may offset these amounts against any claims the SELLER may have.

 

31.  The SELLER irrevocably accepts, declares, and undertakes that in their reviews and ratings on the Platform, in accordance with this Merchant Partner Agreement, they will act in compliance with morality, public order, all applicable legislation, and will not engage in any illegal activities.

F.     INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

1.     The "WUGO" brand and logo, the design, software, domain name of the "WUGO" Platform, and all related brands, designs, logos, commercial presentation forms, slogans, models, works, inventions, technologies, training programs, mentorships, offered products and services, design, naming, positioning, texts, graphics, user interfaces, visual interfaces, software, commands, source codes, APIs, photographs, sounds, music, videos, interactive features, and all other content are owned by DOF and are its intellectual property rights. The SELLER cannot use, share, distribute, display, reproduce, or create derivative works of these intellectual property rights owned by DOF or its affiliated companies without written permission. The SELLER cannot use the whole or any part of the mobile application or the Platform in another environment without DOF's written permission. If the SELLER engages in any action that infringes the intellectual property rights of third parties or DOF, the SELLER is obliged to compensate for all negative and/or positive damages incurred by DOF and/or the concerned third party. 

 

2.     The SELLER accepts, declares, and undertakes not to use the aforementioned content, materials, and arrangements contrary to this agreement, not to use them for purposes other than intended, not to copy, modify, lend, sell, process, exploit, or use them to create works (as an idea or project) in any way.

G.    FINANCIAL MATTERS

1.     Creating a seller account, listing events, and accessing services on the Platform are free of charge. The fee for tickets purchased through the Platform for events determined by the Platform is payable to DOF.

 

2.     DOF may set additional fees or terms for products/services not in effect at the time of this agreement. DOF can update the Platform, upgrade its version, and make similar technical improvements and applications. In these cases, the terms under which the SELLER will benefit from the new situation will be determined by DOF. DOF will decide whether the SELLER who does not accept additional fees or terms can continue using the old version or system, depending on the nature of the update.

 

3.     The SELLER acknowledges, declares, and undertakes that there is a commission fee at the rates announced in DOF's "Terms of Use, Rules, and Policies" document, that these rates can be changed at DOF's discretion without any approval, and that they have pre-approved these updates.

4.     The SELLER agrees, declares, and undertakes that the payments made by USERS for sales under this Agreement will be made directly to DOF, thereafter DOF will offset its own rights and claims under this agreement and its annexes, debts arising from refunds, and the remaining amount will be transferred to the bank account provided by the SELLER to DOF after 15 (fifteen) business days from the execution of the event.

 

5.     DOF will send payments made to it by USERS to the SELLER 15 (fifteen) business days after the event is conducted

 

6.     Unless otherwise stated or offered under different commercial terms, VAT and other taxes will be added to the products/services offered by DOF.

H.    PROTECTION OF PERSONAL DATA

1.     The SELLER irrevocably accepts, declares, and undertakes that they will not process the personal data they process or will process under this agreement in violation of the law according to the Personal Data Protection Law No. 6698 (KVKK), will prevent unauthorized access to processed personal data and ensure its safekeeping, and has taken all necessary technical, administrative, and legal measures to ensure a security level appropriate to these commitments and the purpose of the Personal Data Protection Legislation.

 

2.     The SELLER irrevocably accepts, declares, and undertakes that they will not disclose, transfer, or share with unauthorized persons the personal data they process or will process under this agreement, in violation of the Personal Data Protection Legislation, will not use the personal data for purposes other than processing, will not keep them, will prevent them from being transferred abroad under any condition, will process them only in a related, limited, and measured manner for the purpose of fulfilling obligations arising from the commercial relationship with DOF, and will destroy the personal data within the legal period or, if no legal period is stipulated, within a reasonable time after the termination of the contract, once the purpose of processing the personal data has ceased.

 

3.     DOF informs the person authorized to sign this agreement on behalf of the SELLER, in accordance with Article 11 of Law No. 6698, with the Illumination Statement included in this agreement (ANNEX:1 - Personal Data Protection Law Illumination Statement).

 

4.     The SELLER accepts, declares and undertakes that if the personal data of its representative and binding authorities, personnel, guarantors, referees, etc. of third parties who are not parties to this contract are to be processed by DOF, it has informed these persons, that it will provide all kinds of information to these persons, otherwise, in case of processing, use, transfer, etc. of personal data, all liability as the data controller belongs to it and DOF has no responsibility.

 

5.     The SELLER is responsible for the actions and behaviors of their employees regarding all matters within the scope of this article, will train and supervise them on these matters, and irrevocably accepts, declares, and undertakes that all these obligations will continue indefinitely under Article 12/4 of Law No. 6698 for themselves, their employees, subcontractor employees, and third parties representing or acting on their behalf, and in case of partial or complete violation of these obligations, they will immediately and in cash compensate DOF or other third parties who have suffered or are likely to suffer from the violation of these obligations, for all types of negative and positive damages and losses, including the administrative fines imposed by the Personal Data Protection Board on DOF, court decisions and sanctions related to material or moral compensation claims of third parties due to the violation of personal data, interest, and other litigation expenses, and attorney fees, along with their accessories, indefinitely, even if these arise after the termination of the contract.

İ.      CONFIDENTIALITY

1.     Both parties agree and undertake to use the information obtained from each other due to the performance of this Agreement (excluding information lawfully obtained previously and public information) only for matters related to the business scope of the contract, to maintain the confidentiality of Confidential Information, not to disclose or publicize it to third parties without explicit written permission, and not to cause it to be learned or publicized by third parties in any way. They commit to taking all necessary steps, including implementing appropriate physical security measures and operational procedures, to protect the confidentiality of this information.

 

2.     The SELLER will ensure that all their personnel, solution partners, and third parties with whom they have commercial and other relationships also comply with this confidentiality obligation. They will inform and warn their personnel that the obligation to not disclose confidential information will continue even in cases of personnel leaving the job and/or termination of the employment relationship, and that the parties will be mutually responsible to each other in these matters.

 

3.     The obligation of confidentiality and secrecy is an irrevocable provision of the contract and will continue to be valid even after the termination of the contract.

 

J.      FORCE MAJEURE

1.     Circumstances that were not foreseeable by the parties at the time of signing/approving this agreement, such as earthquakes, floods, natural disasters, fire, epidemic diseases, war, states of emergency, strikes, lockouts, technical infrastructure or internet failures, restrictions, slowdowns, or interruptions of internet access by public authorities, updates to the system or version upgrades, power outages, hacking of software, data breaches or data protection activities, issues arising from software developers or suppliers, restrictions, blockages, or bans on access to data provided by official institutions or organizations, and similar situations are considered force majeure.

 

2.     In all situations deemed force majeure, DOF cannot be held liable for late or incomplete performance, or non-performance, of any of its obligations as determined in this "Merchant Partner Agreement." Such circumstances will not be considered as delay, incomplete performance, non-performance, or default for DOF. It is not possible to claim any compensation from DOF under any name for these situations.

K.     NOTIFICATION NOTICES

1.     The email address provided by the SELLER will be considered the legal notification address for all communications related to this Agreement. It is accepted that any notification emails sent by DOF using the SELLER's registered email address will be deemed read by the SELLER 3 (three) business days after being sent by DOF.

 

2.     The SELLER agrees that notifications sent to the old email address will be valid and considered as having been made to them, unless they inform DOF in writing of any changes to their current email address within three (3) days.

L.     EVIDENCE

In any dispute between the parties, DOF's official books and commercial records, as well as electronic information and computer records held in its own database and on its servers, along with correspondences between the parties, will constitute conclusive and exclusive evidence within the meaning of Article 193 of the Code of Civil Procedure (HMK).

M.   RESOLUTION OF DISPUTES

The parties agree, declare, and undertake that in resolving any disputes related to this agreement, they will initially resort to mediation, exert utmost effort and dedication to resolve their disputes through amicable solutions, and if a resolution cannot be reached through mediation, the competent and authorized courts and execution offices of Istanbul (Çağlayan) will have jurisdiction.

N.    SIGNATURE AND EFFECTIVENESS

1.     This agreement will remain effective for as long as the SELLER's account is active and will produce effect and consequences. Should any article of this agreement be amended or terminated, the other articles of the agreement will remain in effect.

 

2.     THE SELLER STATES, ACCEPTS, AND UNDERTAKES THAT THEY HAVE READ, UNDERSTOOD, AND ACCEPTED ALL THE ARTICLES OF THIS AGREEMENT AND CONFIRMED THE ACCURACY OF THE INFORMATION THEY PROVIDED RELATED TO THEMSELVES ELECTRONICALLY AND/OR WITH A WET SIGNATURE.

O.    CHANGES TO THE AGREEMENT AND ITS ANNEXES

1.     DOF may, without any justification, at any time and in any manner, unilaterally change or update this Merchant Partner Agreement, its annexes, terms of use, policies, and documents. This Merchant Partner Agreement, its annexes, terms of use, rules, policies, and their annexes cannot be unilaterally altered by the SELLER.

 

2.     Changes or updates made by DOF will become effective on the date they are published on the Platform, and it is not required to notify or announce these changes or updates to the SELLER.

 

3.     The amended or updated provisions will not apply retroactively but will be effective and consequential from the date they come into effect.

P.     FINAL PROVISIONS

1.     This Merchant Partner Agreement and its integral annexes will be processed upon approval by the SELLER using secure electronic signature, wet signature, or other electronic approval methods. The SELLER acknowledges and agrees that the electronically APPROVED agreement is binding and effective.

 

2.     The invalidity, illegality, or unenforceability of any provision of the Merchant Partner Agreement or its annexes will not affect the enforceability of the remaining provisions of the Merchant Partner Agreement. 

 

3.     The SELLER acknowledges that the annexes referenced in this agreement are an integral part of the agreement, and by approving the agreement, the SELLER is not only approving the content of the agreement but also all the referenced annexes.

 

4.     The SELLER acknowledges and agrees that the rules and conditions unilaterally determined by DOF for future products/services will also form part of this agreement as an annex. The following documents are an integral part of and annexes to this agreement.

Q.    ANNEXES

ANNEX:1- Information Notice within the Scope of the Law on the Protection of Personal Data
ANNEX:2- Terms of Use, Rules, and Policies

DOF ROBOTİK SANAYİ ANONİM ŞİRKETİ

Name Surname / Title

 

Date

 

Signature / Stamp