MEMBERSHIP AGREEMENT
This agreement contains the rules necessary for you to benefit from the services on our website.
BY BECOMING A MEMBER OF OUR WEBSITE, YOU ACKNOWLEDGE AND DECLARE THAT YOU HAVE READ THE USER AGREEMENT, UNDERSTOOD ITS CONTENT, AND ACCEPT AND APPROVE ITS PROVISIONS.
1. Parties
This UcuzGames Membership Agreement (hereinafter referred to as the "User Agreement"), consisting of this agreement and the documents and annexes referred to in the agreement and forming an integral part thereof (ANNEX-1 Privacy Policy), was entered into between UcuzGames and the User who registers on the Site for the purpose of the User becoming a member of the Site, at the time the User approves the agreement in the electronic environment in which the relevant Site is located. By becoming a member of the Site, the User acknowledges, declares, and undertakes that they have read the User Agreement in its entirety, fully understood its contents, and approved all of its provisions.
UcuzGames: ENES GÜNEY (sole proprietorship; trade name: UcuzGames)
Address: Güneştepe Mah., Osmangazi / Bursa
Phone: 0850 307 7805
E-mail: [email protected]
VKN: 4350811042 — Tax Office: Osmangazi
2. Definitions
User: A natural or legal person who is a member of the Site and benefits from the Services offered on the Site subject to the conditions set forth in this agreement.
Site: The website consisting of the domain name www.ucuzgames.com and the subdomains associated with this domain name.
Services: Products and services offered by UcuzGames through the Site and the UcuzGames desktop application.
3. Subject and Scope of the Agreement
The subject of the User Agreement is to determine the Services offered on the Site, the conditions for benefiting from these Services, and the rights and obligations of the parties. The scope of the User Agreement comprises this agreement and its annexes, as well as all statements made by UcuzGames within the Site, including all notices, texts, and explanations concerning use, membership, and the Services. By accepting the provisions of the User Agreement, the User also accepts all statements made by UcuzGames within the Site concerning use, membership, and the Services. The User acknowledges, declares, and undertakes to act in accordance with all matters specified in the aforementioned statements.
4. Membership and Conditions for Use of Services
Membership is completed when the person wishing to become a User submits the identity information required to register as a member of the Site through the relevant section of the Site, and UcuzGames approves the registration. Until the membership process is completed, the rights and authority of becoming a User as defined in this agreement may not be exercised. Pursuant to Article 10.5 of this agreement, completion of the Site registration process by persons who have been temporarily suspended from membership or permanently banned from membership by UcuzGames shall not result in their becoming members of the Site.
To become a member of the Site, a person must be at least 18 years old. Persons under 18 may become members of the Site only with the permission of their parents or guardians; they may also make purchases, top up their balance, and carry out paid transactions, including UcuzPass, only with the permission of their parents or guardians. UcuzGames may, where it deems necessary, request documentation of the permission of a parent or guardian. If such permission cannot be documented, the relevant transaction may be canceled; in such case, the amount collected shall be refunded for the unused portion in accordance with the applicable legislation.
5. Rights and Obligations
5.1. User's Rights and Obligations
a) The User accepts, declares, and undertakes that, when completing the membership procedures, using the Services of the Site, and carrying out any transaction relating to the Services on the Site, they will act in accordance with all the terms set forth in the User Agreement, the rules stated in the relevant sections of the Site, and all applicable legislation, and that they understand and approve all the terms and rules stated above.
b) The User acknowledges that, upon the request of competent authorities as required by applicable legislation, or where it is alleged that the rights of other Users or third parties have been infringed, UcuzGames may disclose information relating to the User to competent authorities and, to the extent legally required, to the rights holders, in accordance with Personal Data Protection Law No. 6698.
c) Users are responsible for the security, safekeeping, keeping confidential from third parties, and use of the system access credentials (such as username and password) they use to benefit from the Services offered by UcuzGames. UcuzGames shall not be liable for any damage suffered or that may be suffered by Users and/or third parties as a result of Users' negligence or fault in these matters, except to the extent such damage results from UcuzGames' own fault.
d) Users accept, declare, and undertake that the information and content they provide on the Site are accurate and lawful. UcuzGames is not obliged to verify the accuracy of information and content transmitted to UcuzGames by Users or uploaded, modified, or provided by Users themselves through the Site, and shall not be held liable for any damage arising from inaccurate or erroneous information or content.
e) Users may not transfer, in whole or in part, to any third party any of their rights or obligations under the User Agreement without the written approval of UcuzGames.
f) Users who benefit from the Services offered by UcuzGames and use the Site may conduct transactions on the Site solely for lawful purposes. Users shall bear all legal and criminal liability for every transaction and action they carry out on the Site. Each User accepts, declares, and undertakes that they will not reproduce, copy, distribute, or process any pictures, texts, visual and audio images, video clips, files, databases, catalogs, or lists on the Site in a manner that infringes the rights in rem or personal rights, or the property, of UcuzGames and/or any other third party, and that they will not engage in unfair competition with UcuzGames either through such actions or by any other means. UcuzGames shall not be held liable for any loss or damage suffered or that may be suffered by third parties as a result of Users’ activities on the Site in breach of the User Agreement and/or the law.
5.2. Rights and Obligations of UcuzGames
a) UcuzGames may modify the Services and content offered on the Site. The rights relating to products and services purchased by the User are subject to the terms in effect at the time of purchase; changes that materially alter the essential characteristics of such products and services to the User’s detriment shall be announced at least fourteen days in advance and shall not apply retroactively to products and services already purchased.
b) UcuzGames may provide ‘links’ through the Site to other websites and/or portals, files, or content owned and operated by third parties. UcuzGames may provide these ‘links’ solely for Users’ convenience as a reference, and they do not constitute an endorsement of the website or the person operating it, or any representation or warranty of any kind regarding the website or the information it contains. UcuzGames shall have no liability for portals, websites, files, and content accessed via ‘links’ on the Site, or for services or products offered through them.
c) UcuzGames may process User information for purposes of User security, fulfilling its own obligations, and statistical assessments, in accordance with the principles set out in the KVKK Privacy Notice, and may classify and store such information in a database.
d) UcuzGames shall not act as a mediator or arbitrator in disputes arising between Users and producers within the scope of the Services provided on the Site.
e) Users and UcuzGames are legally independent parties. No partnership, agency, or employer-employee relationship exists between them. No partnership, agency, or employer-employee relationship shall arise as a result of the approval and implementation of the User Agreement.
f) If product prices on the Site contain an obvious and evident typographical or system error that an average buyer would also notice, UcuzGames may cancel an order placed at the erroneous price before the product is delivered or performance of the service begins; in such case, the User shall be informed and any amount collected shall be refunded immediately and no later than fourteen days thereafter.
g) Prices of products sold on UcuzGames may change. In such cases, the price displayed on the Site at the time the User places the order shall apply.
5.3. Product Exchange Policy, Returns and Warranty
For digital products purchased through UcuzGames, no voluntary product exchange based on personal preference is offered, whether or not the order has been delivered. This includes selecting the wrong game, product or platform; changing one’s mind; dissatisfaction with the product; or requesting a different game, edition, pack or digital service. Further details are set out in the Product Exchange Policy section of the Cancellation and Refund Policy and Article 12 of the Distance Sales Agreement. Withdrawal, cancellation and refund requests are assessed separately under these documents and the applicable legislation. The warranty and support conditions stated on the product page, as well as the consumer’s statutory rights in respect of defective goods or services, remain unaffected; the absence of voluntary exchanges does not limit these rights. No other provision of this agreement may be applied in a manner that deprives consumers of rights arising under mandatory legislation.
5.4. Paid Membership Program (UcuzPass)
The User may purchase UcuzPass, a paid, time-limited game access membership offered on the Site. UcuzPass is a service separate from Site membership and may be purchased only by Users who meet the membership requirements set out in this agreement. The scope, packages, payment and automatic renewal terms, cancellation, right of withdrawal and refund rules, usage rules, and circumstances of termination of UcuzPass are governed by the UcuzPass Terms of Use published on the Site. The UcuzPass Terms of Use form an integral part of this agreement with respect to any User who purchases UcuzPass and shall apply in priority to matters specific to UcuzPass.
Shared game accounts made available to the User under UcuzPass are operated by UcuzGames; the User may not change the login or security information or settings of these accounts, make purchases through these accounts, use the accounts outside the UcuzGames desktop application, or share access with third parties. If Site membership is terminated pursuant to Article 10.5 of this agreement or closed by the User, the UcuzPass membership shall also end; in such case, refunds and compensation shall be assessed in accordance with the UcuzPass Terms of Use.
6. Payments Made and Refunds
Users must retain documents such as bank receipts for payments made by bank transfer / EFT; these documents may be requested if a problem arises with the payment being credited to the account. Payments made by bank transfer / EFT are credited to accounts based on the information entered in the payment description field; if the description is incomplete or incorrect, crediting the payment to the account may be delayed. To ensure payment security and to the extent necessary, UcuzGames may request documents verifying the identity of the person making the payment or that the payment instrument belongs to that person; such documents are processed solely for verification purposes and in accordance with the KVKK Privacy Notice.
Users may have their site balances refunded to their bank accounts subject to the following conditions:
- The refund request must be submitted to [email protected] or through the support channels on the site.
- Only the unused balance loaded by the User using their own payment shall be refunded. Balances earned through campaigns, rewards, gifts, coupons, raffles, prize wheels or surprise boxes, as well as UcuzPuan, cannot be converted into cash or refunded.
- As a rule, refunds shall be made free of charge to the payment method used to load the balance or to a bank account (IBAN) registered in the name of the User who loaded the balance; refunds shall not be made to accounts belonging to third parties.
- Before issuing a refund, UcuzGames may request information and documents to verify the User’s identity and that the payment belongs to the User.
- Refund requests for which verification has been completed shall be processed within fourteen days at the latest. For transactions involving a payment dispute, a stolen card or suspected fraud, the refund may be withheld until the investigation is complete.
Refunds for delivered digital products shall be assessed in accordance with the provisions of the Distance Sales Agreement and the Cancellation and Refund Policy.
7. Delivery Times
If there are stock issues or stocks are depleted following rapid sales during the day, the amount paid shall be held in the User’s balance; if the User so wishes, they may request a refund of this amount in accordance with the procedure set out in Article 6.
8. Improper and Unlawful Use of Game Codes and Delivered Game Currency
a) If the User uses delivered codes incorrectly, UcuzGames shall not be obliged to send a new code.
b) UcuzGames shall not be liable for errors in game currency orders arising from incorrect information provided by the User (player ID, server, etc.).
c) If a different value is credited due to changes made by game companies to the in-game equivalents of e-pin codes sold by UcuzGames, UcuzGames shall have no liability in this regard.
d) Returns of delivered codes shall not be accepted, without prejudice to the User’s statutory rights.
9. Privacy Policy
UcuzGames may use information relating to Users in accordance with the provisions of Annex-1 Privacy Policy section of this Agreement, the KVKK Information Notice, the Privacy and Security Policy and the Cookie Policy. Except where permitted under the User Agreement and applicable legislation, UcuzGames shall not allow third parties or organizations to use confidential information belonging to Users.
10. Other Provisions
10.1. Intellectual Property Rights
All elements of the Site, including but not limited to its design, text, images, HTML code and other code (works subject to UcuzGames’ copyrights), are owned by UcuzGames and/or used under a license obtained by UcuzGames from a third party. Users may not resell, share, distribute, display, reproduce, create or prepare derivative works from UcuzGames Services, UcuzGames information or works subject to UcuzGames’ copyrights, or allow another person to access or use UcuzGames Services; otherwise, they shall be liable for paying the compensation claimed from UcuzGames for damages suffered by third parties as a result of their culpable breach, as well as reasonable litigation costs. UcuzGames reserves all rights to its assets, real and personal rights, and rights relating to commercial information and know-how, including all tangible and intellectual property rights in or to UcuzGames Services, UcuzGames information, works subject to UcuzGames’ copyrights, UcuzGames trademarks, UcuzGames trade dress or the Site.
10.2. Amendments to the Agreement
UcuzGames may amend this User Agreement by publishing the amendments on the Site due to changes in legislation, the Services or its business model. Amendments in favor of the User and typographical corrections shall take effect on the date they are published. Material amendments to the detriment of the User shall be announced on the Site and by e-mail at least fourteen days before they enter into force, specifying the amended provisions. Amendments required by law shall enter into force on the date prescribed by the applicable legislation. A User who does not accept an amendment may terminate their membership at any time. Amendments shall not retroactively affect rights relating to products and services purchased before the amendment. This User Agreement may not be amended by the User’s unilateral declarations.
10.3. Force Majeure
In all cases legally deemed to constitute “force majeure,” UcuzGames shall not be liable for late or incomplete performance, or failure to perform, any of its obligations under this User Agreement. Such circumstances and similar events shall not be considered delay, incomplete performance, non-performance or default on the part of UcuzGames, and no compensation may be claimed from UcuzGames on any grounds in respect thereof. The term “force majeure” shall be interpreted to mean unavoidable events beyond the reasonable control of the relevant party and which could not have been prevented despite the exercise of due care, including but not limited to natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power outages and adverse weather conditions. The User’s statutory rights in respect of products and services that could not be provided due to force majeure and for which payment has been made are reserved.
10.4. Governing Law and Jurisdiction
Turkish law shall apply to the implementation and interpretation of this User Agreement and to the management of legal relations arising under its provisions. In disputes with Users acting in their capacity as consumers, the Consumer Arbitration Committees at the User’s place of residence or at the place where the transaction was carried out shall have jurisdiction within the monetary limits announced by the Ministry of Trade; Consumer Courts shall have jurisdiction in disputes exceeding those limits. In cases where mediation is prescribed by law as a condition for bringing an action, mediation shall be sought before filing a lawsuit. Bursa Courts and Enforcement Offices shall have jurisdiction in disputes with Users who do not act in their capacity as consumers.
10.5. Termination of the Agreement
This User Agreement shall remain in force for as long as the User is registered on the Site and shall continue to produce its terms and effects between the parties; it shall be deemed terminated if the User’s membership ends or is suspended temporarily or permanently. The User may terminate their membership at any time by contacting [email protected] or by using the support channels. UcuzGames may unilaterally terminate this User Agreement if Users breach it and/or similar rules concerning use, membership and Services set out on the Site, and particularly in the cases listed below. For remediable breaches, the User shall receive a written warning and a reasonable period to remedy the breach before termination. Termination shall be notified to the User by e-mail, together with the reasons for it; the User may object within 14 days. Users shall be liable to compensate UcuzGames for any damages it incurs as a result of their culpable breaches:
a) The User engages in conduct, by any means, that damages the operation of the Site,
b) The User allows another person to use the membership account created for them,
c) The User engages in acts that infringe or threaten to infringe the rights of third parties.
Upon termination, any unspent balance loaded by the User using their own funds shall be refunded in accordance with the procedure set out in Article 6; however, amounts obtained through unlawful transactions and UcuzGames’ claims arising from the termination shall remain reserved.
11. ANNEXES TO THE AGREEMENT — ANNEX-1 PRIVACY POLICY
At UcuzGames, we have adopted the principle of providing our registered users with a safer internet environment. For this reason, we have granted our members various privacy rights to help them feel more comfortable. Detailed information on the processing of personal data is set out in the KVKK Disclosure Notice; in the event of any discrepancy between this Annex and that notice, the KVKK Disclosure Notice shall prevail.
a) The membership information and personal data you provide to UcuzGames shall not be disclosed to other members or third parties, except in the circumstances set out in the User Agreement, the KVKK Disclosure Notice and applicable legislation. This information may be used within UcuzGames to create customer profiles and conduct statistical studies, in accordance with the KVKK Disclosure Notice.
b) Only you can access and change the information you enter into the system. No other member or User may access or change information relating to you.
c) Of the personal information requested from you during registration, you may provide UcuzGames'e, at your own discretion, any information other than that which is mandatory. If there is any information you prefer not to provide to UcuzGames'e, you are not required to complete or select those fields.
d) Measures configured for you, such as IP address fixation and login IP logging, are intended to enable our valued customers to shop securely. Article 10.4 shall apply to the resolution of any dispute arising from this Agreement.
