User Agreement

1.1. This membership agreement (the “Member Agreement”) has been concluded between heyplays.com (“heyplays – Digital Product Purchasing”) and the Member (“Member”), based in England, in order to determine the conditions of the Member’s use of the services offered by Heyplays on the Website.
1.2. In this Membership Agreement, heyplays and Members are referred to as “Party” and “Customer Parties”.
2.1. heyplays operates an online e-commerce platform called heypays.com, which brings together suppliers, brokers, service providers, manufacturers, consumers, commercial or non-commercial entities to communicate and trade in a virtual market that accelerates business processes, increases efficiency and saves financial resources. heyplays is not a seller of any products or services contained on the Website and is an intermediary service provider under the Electronic Commerce Regulation Act No. 6563.
2.2. In accordance with this Membership Agreement, the Member wishes to become a member of the e-commerce platform heyplays.com, which is managed by the company, and to purchase products and/or services sold by the Seller in the Virtual Stores on that platform.
2.3. The purpose of this Membership Agreement is to establish the conditions of the Members’ enjoyment of the Services provided on the Website by heyplays or the business partner identified by heypays and to identify the rights and obligations of the Parties in this regard. By accepting this Membership Agreement by the Member, the Member acknowledges, declares and undertakes that he/she has also accepted all statements to the Services, uses, contents, applications, Members and users contained in and to be contained by the MEMBER AGREEMENT on the Website.
2.4. For the avoidance of doubt, this Membership Agreement covers the form and terms of the Services provided to the Member only between the Parties and by the MEMBER AGREEMENT. The relationship between the Members and the Seller is not covered by this Membership Agreement and the MEMBER AGREEMENT is not responsible in any way for the relationship between members and Seller. Members can seek their rights against Vendors in respect of transactions they will carry out in the Virtual Store under the existing legislation, including the Consumer Protection Act No. 6502.
3. PRIVACY POLICY OF THE MEMBER, which governs the general privacy policy of the MEMBERS on the use of personal data and cookies, including the purposes for which they are transmitted by Members through the Website, and how they are used by the Membership Agreement (https://www.heyplays.com/privacy-policy) means accessible text.
My Account Page refers to a page for a Member that can only be accessed by the user name and password specified by the Member concerned, where the Member can perform the necessary operations to use the various applications and Services contained on the Website, enter his/her personal information and the information requested from him/her on the basis of the application.
Service means the practices established by the Membership Agreement in order to enable Members to carry out their work and operations as defined in this membership agreement.
The Virtual Store Membership Agreement refers to the virtual space assigned to the Seller on the Website in accordance with its Membership agreement procedures and rules and in which Seller has the possibility to post advertisements consisting of content and visuals for the sale of one or more products and/or services.
Seller’s Membership Agreement means a legal/real member who is a member of the Website under the Seller Business Partnership and Advertising Agreements and who offers various products and/or services for sale through ads posted through an account created on the Website.
A member means a person who is a member of the Website under this Membership Agreement and who purchases the products and/or services offered for sale by the Seller through advertisements posted on the Website.
Website Property refers to the website and mobile applications of heyplays.com (including the mobile application site) owned by the domain name, which belong to the Membership Agreement and which are available on the Services set out in this Membership agreement.

4. RIGHTS AND OBLIGATIONS OF THE PARTNERS 4.1. In order to obtain membership status, the user wishing to become a Member must approve the present Membership Agreement on the Website, fill in the information requested herein with accurate and up-to-date information, and the application for membership must be approved and evaluated by the MEMBERY AGREEMENT.The user who wishes to become a member will be considered to be 18 (eighteen) years of age. With the completion of the approval process and notification to the Member, the Membership status begins and thus the Member acquires the rights and obligations set forth in this Membership Agreement and the respective parts of the Website. Any Member who does not provide accurate and up-to-date information when filling in the Membership Agreement shall be personally liable for any damages that may arise as a result. Üye, Üyelik statüsünü Hesabım Sayfası’ndan ulaşabileceği “Üyelik İptali” butonuna basarak her zaman sonlandırabilme hakkına sahiptir.
4.2. If there is a dispute as to which person the membership rights and obligations belong to, and the persons concerned are requested to do so by the Membership Agreement, the Member shall act in this direction, acknowledging that the last person who has paid to the Member for any Service using the respective Membership account is the owner of the Member’s account. In such a case, the MEMBER AGREEMENT reserves the right to act independently of the rule set forth in this Article 4 with regard to membership information, membership transactions and similar information.
4.3. The Member acknowledges and declares that, in the event that he or she wishes to initiate any legal proceedings or purchase processes in connection with any advertisements displayed through the Website, he/she is bound to comply with all necessary legal obligations and procedures, including those contained in the Website and that there is no information or liability of the MEMBER AGREEMENT in relation to such obligations or procedures.
4.4. Because the MEMBER AGREEMENT is not a seller of any product or service contained on the Website and is a “local provider” in accordance with the Electronic Commerce Regulation Act No. 6563, it is not responsible for the authenticity, reliability, accuracy or compliance of any visual, written or external content contained in the Website or not published by it, and is not under any obligation to verify the correctness of such content. THE MEMBER’S AGREEMENT has the right, in its sole discretion and without any such obligation, to review such content at any time and, if necessary, to block access to and delete it. Any person who infringes the rights of the Membership Agreement or any third party by any visual, written or non-public content posted on the Website shall be liable to it and/or to such third parties.
4.5. The Member acknowledges and declares that the Seller is the seller’s party and he is the buyer of any distance sales contracts to be purchased from any Seller through the Website; the Member is not a party to the distance sales contract referred to in the MEMBER’S CONTRACT, and therefore is solely personally liable to him in all respects under the applicable consumer law legislation and applicable legislation. In this context, the Seller will be personally and exclusively responsible for the quality of all products displayed and sold in the Virtual Store, their compliance with the legislation, the issuance of warranty certificates, the invoicing and delivery of other necessary documents issued, and the delivery of services and services required after the sale and the products during the period.
4.6. The Member acts in accordance with the provisions of this Membership Agreement, all the conditions set forth on the Website, the applicable legislation and moral standards in any transactions and correspondence carried out on the Site. The Member shall bear legal and criminal responsibility for his or her actions and actions within the Website.
4.7. The MEMBER AGREEMENT may, at the request of the competent authorities in accordance with the applicable legislation, share the information held by the Member with those authorities.
4.8. Any personal data obtained from Members during membership and/or during purchases to the Website may be transferred to other Members and/ or Vendors who may be a party to the dispute in the context of fraud, fraud or misuse of the Website, disputes arising from matters which may constitute a crime within the meaning of the Turkish Commercial Law, for the purposes of exercising the legal rights of the parties, limited to the subject matter requested, and limited to this scope only.

4.9. The username and password information required by the Member to access the My Account Page and to carry out transactions through the Website is generated by the member, and the security and confidentiality of such information is entirely the responsibility of the member. The Member acknowledges, declares and undertakes that the transactions carried out under his username and password have been carried on by him, that the liability arising from these transaction is his or her own, that he or she will not make any defence and/or objection to the work and transaction performed in this way without him or her having performed it, and / or will not refrain from fulfilling its obligations on the basis of this defences or defencies.
4.10.The Member shall not use the Website in any unlawful or moral manner, including: 4.10.1. Use of the Website for the purpose of creating, checking, updating or modifying a database, record or guide on behalf of any person; 4.10.2. Use the Website to corrupt, modify or reverse engineer all or part of the Site; 4. 10.3. Use of false information or information of another person to perform transactions, use of incorrect or misleading residence address, e-mail address, communication, payment or account information, including false or false personal data, to create untrue Member accounts and to use such accounts in violation of the Membership Agreement or applicable legislation, to use the account of another Member without authorization, to replace another person, or to participate in an incorrect transaction or transaction; 4.4.10.The use of the review and rating systems, except for purposes other than the dissemination of comments on the Website, or for the purpose of manipulating the systems; 4.10.5. the spread of viruses or any other technology harmful to the Site, the database of the Website or any content contained on the Site; and 4.10.6. the collection without the permission of the persons concerned of any information, including e-mail addresses of Members or Vendors;The use of automated programming, robots, web crawls, spiders, data mining, and data crawling software or systems on the Website without the prior written permission of the MEMBER AGREEMENT, or the use of “screen scraping” softwares or systems, such as automated programs, robotics, crawlers, spider, scrapers, etc., without prior written authorization of the Members Agreement, and by copying, publishing or using all or part of any content contained in the Website.
4.11.The Member is obliged to carry out his/her operations on the Website in a manner that does not technically harm the Site in any way. Üye, Websitesi’ne sağlayacağı tüm bilgi, içerik, materyal ve sair içeriğin sisteme zarar verecek her türlü program, virüs, yazılım, lisansız ürün, truva atı vb. içermemesi için gerekli koruyucu yazılımları ve lisanslı ürünleri kullanmak da dâhil olmak üzere gerekli her türlü tedbiri aldığını kabul ve taahhüt eder. The Member also agrees that he/she will not access the Account Page by robotic or automatic methods.
4.12.The use of the Website or any content on the Website in violation of the terms of use set forth in this Membership Agreement or any provisions of the applicable legislation is unlawful and the right to claim, prosecute and follow up is reserved.

4.13. The Member agrees that their membership may be terminated on grounds of attitude, attitude and attitude towards employees of live support and off-line support services on the Website, or that problem reporting and support services may be discontinued.

4.14. The Member agrees that he/she will renounce the use of all services (Doping, Membership Plan, Orders, Sales) resulting from the closure of his/her membership.

4.15. Heyplays management reserves the right to permanently delete passive (non-business) membership for at least 2 years.

5. PRIVACY 5.1. THE MEMBER’S AGREEMENT is committed to ensuring that the Member’s personal data provided to him through the Website in order to benefit from the Services offered on the Website is processed in accordance with all legislation, including the Personal Data Protection Act No. 6698. In this context, the Member may collect, use, transfer and otherwise process the personal data provided by the Member in accordance with the Privacy Policy contained on the Website. The Privacy Policy is an integral part of this Membership Agreement. By using the Services and/or creating an account, you expressly and voluntarily consent to the collection, use, transfer and other processing of your personal data as set out in the Privacy Policy. For more information about the terms of use of your personal data and your rights in this regard, please refer to our Privacy Policy and exercise your rights by sending an e-mail to [email protected].
5.2. The personal data declared and consented to be shared by the Member to the Website may be collected, stored, processed, used and shared with third parties in accordance with the Privacy Policy by the Members for the purposes of advertising, sales, marketing, surveys, any kind of electronic communication, profiling, statistical studies for the purpose of conducting the obligations set out in this Membership Agreement, the implementation of the practices necessary for the operation of the Website, the provision and availability of various benefits for the Member and the request of the Member.

The Member acknowledges and declares that he/she agrees to the use and storage of his/her personal data in this manner by the MEMBER AGREEMENT. Membership Agreement will take all necessary measures to safely store such personal data in accordance with Section 12 of Personal Data Protection Act No. 6698, to prevent unauthorized access and unlawful data processing. The member has the right to exercise his or her rights under Section 11 of the Personal Data Protection Act No. 6698 on personal data and to amend or update such data at any time.. However, the Member permits that the information and data he has shared may be shared with all Computers and their subsidiaries (MEMBER AGREEMENT Computers) for the purposes of special advantages, sales, marketing and notification of any kind of communication activities for similar purpose.detailed information about www.MEMBER’S AGREEMENT can.com )

6. THE MARKET AND LOGO OF HEEPLAYS, THE DESIGN OF THE HEEPPLAYS MOBILE APPLICATION AND THE SITE, THE SOFTWARE, THE DOMAIN NAME, AND ALL THE TRANSLATORS, DESIGNS, LOGOS, COMMERCIAL PRESENTATIONS, SLOANS AND ALL OTHER CONTENTS WITHOUT THE PROPERTY OF INTELLECTUAL PROPRIETY. A member may not use, share, distribute, exhibit, reproduce, or perform any work derived from the intellectual property rights owned by the AGREEMENT or its affiliates without the permission of the AGreement. A member may not use the entire or part of the heyplays mobile application or the Website in any other environment without the permission of the Membership Agreement. In the event that the Member acts in a manner that violates the intellectual property rights of third parties or the MEMBER AGREEMENT, the Member shall be liable to compensate the Member for all direct and indirect damages to be incurred by the Member and/or the third party concerned.

7. THE MEMBER AGREEMENT may, in its sole discretion, amend this Membership Agreement and any policies, terms and conditions, including the Privacy Policy contained on the Website, at any time, unilaterally by announcing it on the Site, provided that they do not conflict with the provisions of applicable law. The amended provisions of this Membership Agreement will enter into force on the date of their publication on the Website, while the remaining provisions will remain in force and will continue to give rise to their provisions and consequences. In the absence of doubt, this Agreement cannot be amended unilaterally by the Member.

8. OTHER REASON Employee-to-employee disputes, including insurgency, embargo, state intervention, insurrection, occupation, war, mobility, strike, lockdown, business or boycott, cyberattack, communication problems, infrastructure and internet failures, system improvement or upgrading work and other events that may arise as a result of such disruptions, power outages, fire, explosion, storm, flood, earthquake, migration, pandemic or other natural disaster, or other events which occur outside the control of the MEMBER CONVENTION, which are not caused by a defect, failure to operate the infrastructure or the Internet, and which cannot be reasonably foreseeable (“Profit”) prevent the fulfilment of the obligations arising out of the TERM OF THE MEMBERE CONVENCION, or if a situation arises as a consequence of, or is accepted as a violation of this TERM or the last of the Terms of the Contract.

9. JURISDICTIONS 9.1. Proof contract. The Member acknowledges that, in disputes arising from this Membership Agreement, the electronic archival records, electronic information and computer records held on their servers in the database of the official registers and commercial records of THE MEMBER AGREEMENT and the database, will constitute binding, unambiguous and exclusive evidence and that this article is a proof contract within the meaning of article 193 of Law Proceedings Act No. 6100.
9.2. Applicable Law and Dispute Resolution. This Membership Agreement shall be governed by the laws of the Republic of Turkey. Any dispute arising out of or in connection with this Membership Agreement shall be the exclusive jurisdiction of the Central (Applicant) Tribunals of Istanbul and the Executive Directorates.
9.3. Notification Membership Agreement shall communicate with the Member by means of the e-mail address indicated by the Member at the time of registration or by calling and sending SMS to the telephone number. The member is obliged to keep his/her e-mail address and telephone number up-to-date.
9.4. Integrity and divisibility of the Membership Agreement. This Agreement constitutes the entire agreement between the Parties on the subject. In the event that any provision of this Agreement is deemed by any competent court, arbitration agency or administrative authority to be, in whole or in part, void or inapplicable or unreasonable, the provision shall be deemed divisible to the extent that it is void, inaplicable or reasonable, and the other provisions shall remain in full force.
9.5. Period of the Membership Agreement. A member may not express, in whole or in part, his or her rights or obligations under this Membership Agreement without the prior written approval of the AGREEMENT.
9.6 Repeat and give up. The failure of one of the Parties to exercise or exercise any right granted to it by the Membership Agreement shall not mean that it renounces that right or precludes the subsequent use or exercise of that right.
Article 9 (nine) provides that the present Convention enters into force by means of ratification by electronic means, read by the Member and comprehensible in its entirety.