MEMBERSHIP AGREEMENT

1. PARTIES

This hereby Membership Agreement (“Agreement”); between the owner of www.usa.tomatostores.com

 , located at: 266 abd Alslam Aaref street,  TOMATO, and the website user a member of www.usa.tomatostores.com by accepting the conditions below (“Member”); has been drawn up to determine the conditions which need to be met for  a Member to benefit from  the Services offered by TOMATO.

The BUYER and the SUPPLIER shall be hereinafter referred to as "Party" individually and "Parties" collectively.

 

2. DEFINITIONS

Seller: Refers to the legal person launching or selling a product or service which is subject to electronic trade via a platform.

Buyer: Refers to the legal person who buys or acts with the intention to buy products or services subject to electronic trade via a platform.

Service provider: Refers to real or legal persons operating in electronic trade.  

Outsourced Service provider: Refers to real or legal persons who provide the electronic trade environment to allow other persons to carry out   economic and commercial trade activities  

Policy for Privacy and Protection of Personal Data: Refers to the text which can  be accessed via the wwww.TOMATO STORES.com platform and which constitutes  the general privacy policy related to TOMATO STORES’s personal data and use of cookies, including in the forms in which  and purposes for which TOMATO STORES will use these personal data submitted by Members via the Platform.

My Account Page: Refers to the page specific to the Member which only the Member can access with the user name and password created  by them, where, for a Member to benefıt from various Services on the Platform, they can carry out all necessary transactions, where they can enter the personal data and information required for the application.

Services: Refers to the applications implemented  by TOMATO to ensure Members perform the functions and transactions defined in the hereby Membership Agreement.

Member: Refers to the real persons who have accepted the conditions and privacy statements of the membership agreement found on www.usa.tomatostores.com and have gained the title of “Member.”

User/Visitor: Refers to people who visit www.usa.tomatostores.com  without becoming a member of the website.

Guest User: Refers to people who shop from www.usa.tomatostores.com without becoming a member of the website.

 

3. RIGHTS AND OBLIGATIONS OF PARTIES

3.1. In order to gain membership status , the user who wishes to become a Member must approve the Membership Agreement found hereby on the Platform, fill out the required areas with correct and up-to-date information, and have their Membership application evaluated and approved by TOMATO STORES. Users who wish to become a member must be over 18 (eighteen) years of age. Upon completion  of the approval process and notification to the Member , the Membership status takes effect and thus, the Member shall have  the rights and liabilities indicated in the hereby Membership Agreement and relevant areas of the Platform. Members who do not submit correct and up-to-date information when filling out the Membership Agreement in question, is personally liable  for all harm that may occur. The Member always has the right to cancel their membership status by clicking on the “Cancel Membership” button on their My Account Page. Canceling membership does not imply non approval of  commercial electronic messages being sent. The Member is required to separately and specifically revoke their approval for electronic message sending.

3.2. In the case  of dispute concerning the person to which  the rights and liabilities of membership belong  and the persons in question submitting a request with TOMATO STORES in this respect, the person who last made a payment to TOMATO STORES for any given Service via the relevant Membership account will be accepted as the owner of the Membership account and action will be taken accordingly.

3.3. In the case where   a Member wishes to initiate a legal transaction or a purchasing process in relation to the campaigns and/or advertisements displayed on the Platform, they accept and express that they are obliged  to fulfill  all legal obligations  and  complete all legal procedures required, including those stated on the Platform, and that TOMATO shall not be responsible to be aware of or to undertake  the obligations  and procedures in question.

3.4. The Member, in the distant sales contract to be drawn up with the purchases from TOMATO via the Platform, accepts and expresses that TOMATO is the Seller party and they are the Receiving party; they accept and express that TOMATO, in terms of the abovementioned distant sales contract relationship, is only liable  towards them in respect of  the Seller’s consumer law and legislation which are applicable , and that they themselves assume  full responsibility in respect of  all other legislations. 

3.5. TOMATO will have the authority to collect for the products which a Member will purchase from the seller and the Receiver, with the  payment they will make to TOMATO, will be relieved from the obligation of paying the Seller.

3.6. The Member, with regards to  the transactions and correspondence they carry out via the Platform, accept and express they will adhere to the provisions in this hereby Membership Agreement, to the applicable legislations and to the code of ethics. The legal and criminal liabilities related to the Member’s actions and transactions within the Platform rest with  the Member.

3.7. Pursuant to the applicable legislations , in the event a request submitted by competent authorities, TOMATO will be able to share the information it has, related to the Member, with the authorities in question.

3.8. In cases of forgery, fraud, misuse of the Platform, and offences  which may constitute  a crime in terms of the Turkish Criminal Law, personal data obtained from Members during the process of membership via  the Platform and/or shopping, may be provided to other Members who may be parties to an offense , limited to the issue in request for parties to exercise  their legal rights and limited to this context.

3.9. The user name and password information required by the Member to access the My Account Page and carry out transactions via the Platform is created by the Member; the responsibility regarding the  privacy and security of this information shall rest with  the Member. The Member accepts and declares in advance   that the user name and password creation operations were carried out by them, that the responsibility arising  from these transactions shall rest with them , and that they will not raise  any plea and/or objection alleging  that they did not personally carry out these transactions and/or that they will not abstain from fulfilling  their obligations in relation to this plea or objection.

3.10. The Member shall not use the Platform in a manner that is contrary to law and morality, especially in the following cases.

3.10.1. Using the Platform as a database on behalf of any person, to create a recording or directory, to check, update or modify;

3.10.2. Using the Platform to disrupt it completely or partially, to alter it or use it for reverse engineering purposes; 

3.10.3. Carrying out transactions with false information or by using another person's information, false or misrepresented residential address, electronic mail address, contact, payment or account details included, incorrect or misrepresented personal data usage for creating fake Membership accounts and the misuse of these accounts in relation to  the Membership Agreement or applicable  legislations , using another Member’s account without permission, acting as another person or acting as a party or participator with an false name;

3.10.4. The use of comment and rating systems for purposes which are  irrelevant to the Platform such as publishing the comments on the Platform in places other than the Platform, or in ways that are irrelevant to its purpose such as using it to manipulate systems;

3.10.5. For a virus or other harmful software to spread throughout the Platform, the Platform's database, any content on the Platform;

3.10.6. For actions which will cause an overload on the technical systems and communications or harm the technical process to take place, for “screen scraping” software or systems to be used on the Platform without TOMATO’s written consent, such as automatic programs, robots, web crawlers, spiders, data mining and data crawling, and for any content on the Platform, completely or partially, to be copied, published or used.

3.11. The Member is responsible for carrying out transactions on the Platform without causing TOMATO material and the Platform technical harm under any circumstances. The Member accepts and guarantees that they have taken all necessary precautions to protect the Platform from all kinds of harmful programs, viruses, softwares, unlicensed products, trojans, etc., including using security software and licensed products. The Member, in addition, accepts that they will not enter the My Account Page via robot or automatic access methods.

3.12. Usage of the Platform or its contents contrary to the conditions of use indicated in the hereby Membership Agreement or applicable legislation provisions  will be deemed contrary to the law; TOMATO reserves the right to file lawsuits suits, bring claims and pursuance.

 

4. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

4.1. Processing of Personal Data:

TOMATO gives importance to adherence to all kinds of regulations, including the LPPD, when it comes to processing personal data obtained from Members via the Platform to benefit from  the Services offered on the Platform, as well as ensuring the security and protection of these data. In this context, TOMATO STORES collects, uses, transmits and processes personal data provided by Members in other ways, pursuant to the Policy for Privacy and Protection of Personal Data and this hereby Agreement found on the platform www.tomatostores.com  The Policy for Privacy and Protection of Personal Data is an inseparable part of this hereby Membership Agreement.

4.2. PURPOSE OF PROCESSING OF PERSONAL DATA:

The Personal Data that the Member is required to submit  in order to gain the Membership status   are processed;

1. With the aim of ensuring the rights and liabilities arising from the Membership Agreement for TOMATO and the Member are performed ,

2. With aim of being able to offer you, as our Member, discounts, opportunities and benefits according to your personal taste and preferences and to send commercial electronic messages upon  your approval,

3. In the context of various CRM applications we use in order to increase your customer satisfaction/loyalty.

 

4.3. Use and Rights Regarding Your Personal Data:

Your rights to know whether As TOMATO your personal data are processed in line with the aims we have indicated above, 

1. Learn whether or not personal data have been processed,

2. Request information on the procedure, if personal data have been processed, 

3. Obtain information on the purpose of processing personal data and find out whether personal data were used as fit for the purpose, 

4. Obtain information  about the third persons to whom personal data were communicated domestically or abroad,

5. Request the correction of personal data that may be incompletely or inaccurately processed,

6. Request the deletion or destruction of personal data within the provisions set forth in the 7th clause,

7. Request that the third parties to whom personal data are transferred are informed about  the transaction made pursuant to sub-paragraphs (e) and (f),

8. Objection to the occurrence of a result which is at the detriment of the person concerned by analyzing the processed data exclusively through automated systems,,

9. Has the right to request compensation for  damages in the case   damages are sustained  as a result of the illegal processing of personal data.

 

For more information regarding the use of personal data and related conditions and your rights, you may study our Policy for Privacy and Protection of Personal Data and exercise your rights by sending an e-mail to the address [email protected] . The e-mail address you will be using must be the e-mail address you submitted during your TOMATO membership process. Otherwise, requests received from other e-mail addresses will not be taken into consideration.

 

4.4. Transmitting of Personal Data:

For the planning and implementation of marketing processes of products and services for you, the planning of processes related to obtaining the highest benefit from the products and services the company offers, your identification details, contact details, purchase order information and marketing information which you have shared within the scope of your legal relationship with TOMATO, will be shared by TOMATO :

1. With cargo companies to ensure delivery of products you have purchased to your or to another indicated address,

2. With the call center to ensure your cancellation, return, exchange requests and complaints in relation to the product you have purchased, are communicated to you in a fast manner,

3. To conduct targeting, profiling and analyses upon determining user habits. 

4. With  reference to the commercial electronic message approval you may have given TOMATO during your membership process; to offer discount campaigns, to present specialized content, digital marketing, on-site remarketing and advertising, 

5. In the context of planning and development of company business and strategy based processes, evaluation, analysis and optimization operations in relation to advertisements,

6. Market research and surveys in the context of planning and implementation of market research operations for the sales and marketing of the products and services offered by the company,

with our domestic and overseas business partners when necessary and to a sufficient degree.

 

 4.5. Data Security Measures:

 TOMATO takes all necessary measures to ensure that  personal data is protected in a secure manner pursuant to LPPD and for the prevention of unauthorized access and illegal data processing. In this context:

1. Web Sites which record Personal Data open with “https.” This way, unauthorized 3rd parties are prevented from seeing the personal data shared by the Member on  the web site -s.

2. WAF and CDN are used for protection of personal data against outsourced threats.

3. Limited access of relevant departments within the company to Members’ personal data   is ensured with an Access Authorization and Control matrix.

4. Members’ personal data are shared at a necessary degree with Cargo Companies or 3rd Party Companies we receive Data Processing services from.

5. Secure channels are being used for sharing Members’ personal data in an electronic environment.

You may view our Policy for Privacy and Protection of Personal Data for more information in relation to data security.

 

4.6. Changes and/or Updates of Your Personal Data

Members can make changes or updates to their personal data via their My Account Page at any time they wish.

 

4.7. Preservation Periods of Personal Data:

Your personal data processed in reference to your membership are preserved by TOMATO, limited to the periods of time indicated below:

1. As long as the membership status is valid,

2. Upon ending  of membership status:

• 5 years, 10 years pursuant to TCC and TPL,
• 1 year, pursuant of the Electronic Trade regulation as of the date you retract your commercial electronic message approval.
• Records related to all electronic trade, 3 years pursuant to Electronic Trade regulations, 

 

5. INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights of the “TOMATO” brand and logo, , software, domain name and all kinds of trademarks, designs, logos, trade dress, slogans and other content produced by TOMATO in relation to these, belong to TOMATO. Members cannot use, share, distribute, exhibit, copy or reproduce work derived from the property of TOMATO or its subsidiaries which are subject to intellectual property rights, without written consent. Members cannot use the mobile application or the Platform, in full or partially, in another environment without the written consent of TOMATO. In the case where  a Member or third parties act in breach of the intellectual property rights of TOMATO, the Member is obliged  to compensate for the direct and indirect harm and costs of TOMATO and/or the third party in question.

 

6. AMENDMENTS TO THE AGREEMENT

TOMATO can unilaterally  amend all kinds of policy, provision and condition as they see fit, including the Policy for Privacy and Protection of Personal Data by means of announcing via the Platform, provided  that they comply with the applicable legislation provisions. Changing provisions in the hereby Membership Agreement will become valid as of the date they are announced on the Platform, remaining provisions will remain valid to generate verdicts and results.

  

7. GENERAL PROVISIONS

8.1.  Members accept that in the case of a dispute which may arise from the hereby Membership Agreement, TOMATO’s official books and commercial records and the e-archive records kept in TOMATO STORES ’s database and servers, electronic information and computer records will be considered binding, crucial and exclusive evidence and that this clause will be considered as an evidential contract in terms .

8.2. TOMATO will contact the Member via the e-mail address, via telephone or by sending an SMS, details of which were provided by the Member during the membership process. The Member is responsible for keeping their e-mail address and telephone number up to date.

8.3. This hereby Membership Agreement constitutes  the entire agreement between the Parties relating to the matter. , .Should any provision in this  Membership Agreement is declared invalid in part or in full, inapplicable or unreasonable by an authorized court, arbitration commission or administrative authority,this Membership Agreement shall be deemed as severable to the extent of the invalidity, inapplicability or inadvisability in question, and remaining provisions shall continue to be in effect.

8.4. Members cannot completely or partially assign their rights or obligations specified  in the hereby Membership Agreement without a prior written consent from TOMATO.

8.5. Failure to exercise or perform any right granted to it under this Contract by either Party shall not be construed as a waiver of such right or shall not prevent future exercise or performance of such right.

 

As of the 8th clause onwards, this hereby Membership Agreement, will enter into force as from the moment the Member has read and acknowledged each provision in full and approved it in the electronic environment.