Membership Agreement

PARTIES

On the above-mentioned date, the Membership Agreement has been concluded between Xometry TR Teknoloji Anonim Şirketi (“Xometry Türkiye”) and the user (“member”) who wishes to benefit from the services offered on the website https://xometry.com.tr owned by Xometry Türkiye under the following terms and conditions.

Trade Name: Xometry TR Teknoloji Anonim Şirketi

Address: Yeşilbağlar mahallesi, D100 bulvarı Yanyol No:20/162 Pera Pendik Plaza Pendik / İstanbul

Phone: 0212 221 0635

E-mail: info@xometry.com

DEFINITIONS

In this Membership Agreement, the following terms with their definitions shall have the meanings indicated next to them.

Law No. 6698: Personal Data Protection Law

Website: https://xometry.com.tr owned by Xometry Türkiye

Agreement: This membership agreement concluded between Xometry Türkiye and the member

Party: Xometry Türkiye or each of the members

Parties: Xometry Türkiye and member

Member: User who wants to benefit from the services offered on the Website.

Membership: User status to be obtained by the member upon acceptance of this Agreement by the member.

PURPOSE AND SUBJECT

The purpose of this Agreement is to determine the conditions for the member to benefit from the services offered by Xometry Türkiye on the Website and to establish the rights and obligations of the Parties accordingly.

Xometry Türkiye operates the electronic commerce platform https://xometry.com.tr and supplies and sells products to users through this Website. In accordance with this Agreement, the member wishes to become a member of the website https://xometry.com.tr managed by Xometry Türkiye and to purchase the products or services sold on the Website or to sell his/her own product through the Website.

In the event that this Agreement is accepted by the member, the member accepts that all conditions and statements regarding the members or non-members and the services, usage, content, applications, provided by Xometry Türkiye on the Website or which will appear later the Website apply to him/her and undertakes to comply with them.

REQUESTS AND COMPLAINTS

The member will be able to report any requests or complaints regarding this Agreement by calling the customer service hotline of Xometry Türkiye, by sending an e-mail to the e-mail address, or by sending a mail to the postal address specified below. For requests and complaints:

Customer Service: +90212 221 0635

E-mail Address: info@xometry.com

Postal Address: Yeşilbağlar mahallesi, D100 bulvarı Yanyol No:20/162 Pera Pendik Plaza Pendik / İstanbul

GENERAL PROVISIONS

• The user who wants to become a member shall confirm this Agreement on the Website, fill in the information requested here correctly and up-to-date, and this membership registration process shall be accepted by Xometry Türkiye. Membership status shall begin for the user regarding the approval of the membership process by Xometry Türkiye, and thus, the member shall be able to use the rights determined on the Website and be responsible for the obligations. The member shall have the right to terminate his membership status at any time via the relevant page (Cancellation of Membership) on the Website. The member who does not provide accurate and up-to-date information while concluding this Agreement shall be personally liable for all damages that may arise for Xometry Türkiye or third parties for this reason.
• The user accepts, declares and undertakes that the information he/she provided while becoming a member is correct. The user accepts, declares and undertakes that the information provided while using the features of the Website and ordering through the website is correct and complete.
• In case of dispute as to which person the membership rights and obligations belong to and if such persons make a request fromXometry Türkiye in this regard, Xometry Türkiye shall consider that the last person who pays Xometry Türkiye for any product or service using the relevant membership account is the owner of the membership account.
• The user who wants to become a member must be over 18 (eighteen) years old.
• The member accepts and declares that he/she shall act in accordance with the provisions of this Agreement, all conditions stated on the Website, applicable laws, and ethics in all transactions carried out on the Website. The legal and penal responsibility of the member regarding the transactions and actions taken within the Website shall belong to him/her.
• In case the member wishes to initiate any legal action or sale or purchase process through the Website, the member accepts and declares that he shall be obliged to fulfill all necessary legal obligations and legal procedures, including those on the Website.
• In accordance with the legislation in force, Xometry Türkiye shall be able to share the information provided by the member with the authorities, upon the request of the said authorities
• Username and password information required by the member to perform transactions on the Website and to access the account page for his/her membership on the Website are created by the member, and the security and confidentiality of the said information is the sole responsibility of the member. The member accepts, declares, and undertakes that the transactions carried out with his/her username and password have been carried out by him/her that the responsibility arising from these transactions shall belong to him, and he/she shall not raise any objection that he/she has not carried out such operations and transactions carried out in this way and shall not abstain from fulfilling its obligations based on this.
• The member accepts, declares, and undertakes that he/she shall not use the Website in any way contrary to law and morality, especially in the following cases:
  • Use of the Website for the purpose of creating, controlling, updating, or changing a database, record, or directory on behalf of any person.
  • Use of all or part of the Website for the purpose of disrupting, altering, or reverse engineering.
  • Making transactions using false information or the information of another person, creating false membership accounts by using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment, or account information, and using these accounts in violation of this Agreement or applicable legislation.
  • Unauthorized use of another member’s account.
  • Using comment and scoring systems for non-Website purposes such as posting comments on the Website outside of the Website, or using for purposes other than those used to manipulate systems.
  • Spread of virus or any other technology that is harmful to the Website, the Website’s database, any content on the Website.
  • Being engaged in activities that may create unreasonable or disproportionately large uploads on the communications and technical systems specified by the Website or damage the technical operation.
  • Using “screen scraping” software or systems such as automated programs, robots, web crawlers, spiders, data mining, and data crawling on the Website without the prior written consent of Xometry Türkiye, and unauthorized copying, publication, or use of any or all of the content on the Website in this way.
• The member is obliged to carry out the transactions on the Website in a way that does not harm the Website in any way technically. The member accepts and undertakes that he/she shall take all necessary precautions, including using the necessary protective software and licensed products, so that all information, content, materials and other content to be provided to the Website do not contain any programs, viruses, software, unlicensed products (trojan horses, etc.) that may harm the system.
• The member accepts and undertakes that he/she shall not sign in to the account page regarding his/her membership on the Website using a robot or automatic login methods.
• For the avoidance of doubt, it should be noted that the use of the Website or the content on the Website in violation of the terms of use specified by this Agreement or the provisions of the applicable legislation is illegal, and Xometry Türkiye reserves the rights to claim, litigation, and follow-up.
• The user will act in accordance with the instructions and guidelines on the website while requesting an order.
• The user is obliged to provide all the information regarding the production order completely. The provision of design files is the member’s obligation.
• Being a user of the Website does not mean that orders will be accepted by Xometry Türkiye. Xometry Türkiye reserves the right to refuse orders. Xometry Türkiye sends an e-mail to the User when he confirms the order. After the order is approved by Xometry Türkiye, User’s change requests are subject to the approval of Xometry Türkiye.
• The User agrees that Xometry Türkiye may produce the order itself or have it produced by third parties.
• In the event of non-payment or underpayment of the fee for the order, Xometry Türkiye may refrain from performing and delivering the work. This situation does not entitle the User to a separate claim.
• The user is responsible for the costs incurred until the relevant date in the cancellation requests of the orders that have passed the production stage.
• 3D CAD drawing files provided by the user are considered essential information for production. Unless otherwise specified with a technical drawing, operations will be performed on the 3D CAD drawing file.
• Xometry Türkiye provides an offer format based on the technical specifications requested by the User. The specifications in the explanations in this format are taken as basis at the time of order. Approval of the offer by the User means acceptance of the specifications in the offer.
• Carriage of the products subject to the order by Xometry Türkiye to the address given by the member while becoming a user or during the order shall be deemed to be the delivery of the work. Shipping and packaging are charged separately. Xometry Türkiye may refrain from performing and delivering the work if fees for shipping and packaging are not paid. This situation does not entitle the User to a separate claim.
• The user agrees to make all controls within five (5) business days from the delivery of the work. The notice of defect is only valid if it is made within this period and in writing.

Xometry Türkiye shall communicate with the member via the e-mail address that the member has specified while creating the membership or by calling the phone number or sending a text message. In this context, the member is obliged to keep his e-mail address and phone number correct and up-to-date.

INTELLECTUAL PROPERTY

Xometry Türkiye owns all intellectual and industrial property rights of Xometry Türkiye and https://xometry.com.tr brand and logo, Xometry Türkiye and https://xometry.com.tr mobile applications and website design, software, domain name, and any brand, design, logo, commercial presentation, motto, and all other content created by Xometry Türkiye in relation thereto.

The member may not use, share, distribute, display, reproduce, or create derivative works from the intellectual and industrial property rights owned by Xometry Türkiye or its affiliates without the consent of Xometry Türkiye.

The member cannot use Xometry Türkiye and https://xometry.com.tr mobile applications and websites in whole or in part in any other environment without the consent of Xometry Türkiye. If the member acts in a way that violates Xometry Türkiye’s intellectual and industrial property rights, the member shall be liable to indemnify all direct and indirect damages and expenses of Xometry Türkiye.

PRIVACY

Xometry Türkiye attaches importance to the processing, security, and protection of the personal data provided by the member in accordance with all relevant legislation, including Law No. 6698, in order to effectively benefit from the services available on the website. Accordingly, the personal data provided by the member is collected, used, transferred, and processed in other ways in accordance with the Personal Data Protection and Privacy Policy on the Website.

Personal Data Protection and Privacy Policy is an annex to this Agreement. The member expressly consents to the collection, use, transfer, and other processing of his personal data as specified in the policy in question, by making use of the services or by creating a membership.

Personal data submitted by the member on the Website and consented to be shared are collected, stored, processed, used by Xometry Türkiye, its affiliates, or business partners in accordance with the Personal Data Protection and Privacy Policy for the performance of the obligations determined by this Agreement, execution of applications required for the operation of the Website, providing and offering various advantages for the member, and making member-specific advertising, sales, marketing, surveys, all kinds of electronic communication for similar purposes, profiling, statistical studies, these data may be shared with third parties based on our contractual relations.

The member can reach Xometry Türkiye with the contact information specified in Article 4 Requests and Complaints above, regarding the conditions for the use of personal data and their rights in this regard, and he/she may exercise their rights in this regard.

FORCE MAJEURE

Xometry Türkiye  shall not be held liable for any failure to perform or delay in performance of its obligations under this Agreement due to events beyond its control or events that are not due to his fault and which could not be reasonably foreseen (war, insurrection, mobilization, strike, lockout, labor actions or boycotts, employee-employer disputes, cyber-attacks, communication problems, infrastructure and internet failures, improvement or renewal of the system and malfunctions that may occur due to this, all force majeure events, including but not limited to power failure, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disasters), and it shall not be deemed to violate this Agreement.

ALIENATION AND WAIVER

The member shall not be able to alienate the rights granted to him/her in this Agreement or his obligations arising from this Agreement, in whole or in part, to a third party without the prior written consent of Xometry Türkiye.

Failure of one of the parties to use or exercise any of the rights granted to him in this Agreement shall not constitute a waiver of such right or hinder the subsequent use or exercise of such right.

APPLICABLE LAW AND RESOLUTION OF DISPUTES 

This Agreement is subject to Turkish Law. Courts and Forced Execution Offices in Istanbul are authorized to resolve disputes arising from the implementation and interpretation of this Agreement.

EVIDENCE AGREEMENT

All kinds of records of Xometry Türkiye (including computer records, sound records, and similar digital records) constitute conclusive evidence in the resolution of any dispute that may arise from this Agreement or its implementation.

AMENDMENT

Xometry Türkiye may unilaterally amend this Agreement at any time, at its sole discretion by observing the provisions of the relevant legislation in force. Amendments to be made accordingly shall be announced on the Website.

Amendments to be made by Xometry Türkiye shall become effective on the date they are announced on the Website. Other provisions, which are not amended, of this Agreement shall continue to be valid. This Agreement cannot be amended unilaterally by the member.

CHANGE OF ADDRESS

In case the member’s address changes, the member accepts and declares that any notification to the above-mentioned address shall have all legal consequences of a legally valid notification unless Xometry Türkiye is notified of the change in his/her address in writing or via e-mail at least 15 (fifteen) days in advance.

ENTRY INTO FORCE

This Agreement consists of 14 (fourteen) articles and has been read and reviewed by the member on the date of becoming a member of xometry.com.tr, and all provisions of the Agreement have been accepted and entered into force.