MEMBERSHIP AND SERVICE AGREEMENT

1. PARTIES 

This Membership Agreement ("Membership Agreement") has been arranged between ACC.SHOP ('acc.shop') and the user ("Member"), regardless of how it is accessed, to become a member by completing the registration process on all websites, mobile applications, services and tools owned or managed by ACCSHOP (collectively the "Platform") and to determine the terms and conditions for the Member to benefit from the following services offered by ACCSHOP. 

ACCSHOP and the Member shall be referred to as "Parties" together in this Membership Agreement. 

By approving this Membership Agreement, using the Platform and/or making transactions on the Platform, the Member accepts the conditions set out in the Membership Agreement. 

2. DEFINITIONS
In the application and interpretation of the Membership Agreement, the terms written  below refer to the written explanations opposite them. 

3.SUBJECT OF THE CONTRACT
The subject of the Membership Agreement is to determine the Platform Services, the conditions for utilising the Platform Services and the rights and obligations of the Parties. 

4. TERMS OF MEMBERSHIP AND PLATFORM SERVICE USAGE 

• 4.1.  Membership is completed by the person who wants to become a member from the relevant section of the Platform and by entering the necessary information by the person who wants to become a member, and then by the approval of the registration process by AccShop. Without completing the membership process, the title of Member or membership rights and authorisations defined in this Membership Agreement cannot be obtained.

• 4.2.  The user who wants to become a member of the Platform must have completed the age of 18 (eighteen), meet the other conditions to be determined by AccShop and stated below and fulfil the necessary conditions in accordance with the provisions of the relevant legislation. In addition, persons who have been temporarily suspended from membership or banned from membership indefinitely by AccShop pursuant to this Membership Agreement cannot become a member again. The fact that persons who have been temporarily suspended from membership or indefinitely banned from membership by AccShop have completed their registration on the Platform in any way does not result in their becoming a member. 

5. RIGHTS AND OBLIGATIONS OF THE PARTIES 

• 5.1.  For membership, the information specified on the membership registration page on the Platform must be entered correctly and completely and the Membership Agreement must be approved. The Member declares and undertakes that the personal and other information provided by the Member is correct before the law. AccShop shall not be liable and responsible for investigating the accuracy of the information and content transmitted to AccShop by the Member or uploaded, modified or provided by the Member through the Platform, or for undertaking and guaranteeing that such information and content is safe, accurate and lawful, and shall not be liable for any damages arising from the incorrect or inaccurate information and content. The Member declares and undertakes that ACCSHOP will fully and immediately indemnify all damages that ACCSHOP may incur due to the untruthfulness of this information.

• 5.2.  The Member may not give the password he/she set while registering to the Platform to other persons or organisations, and the Member's right to use the password in question belongs to himself/herself. The security and confidentiality of the e-mail address and the password used by the Member while registering to the Platform are the sole responsibility of the Member. The Member accepts, declares and undertakes unconditionally, unconditionally and irrevocably that the transactions to be carried out with the e-mail and password belonging to him/her shall be carried out only by him/her, that the Member shall be exclusively responsible for all liability that may arise in relation to this matter and all claims and demands that may be asserted against ACCSHOP by third parties or competent authorities, and that he/she shall pay all damages and losses incurred by ACCSHOP immediately, in cash and lump sum upon the first request of AccShop, without the need to obtain any court judgement.

• 5.3.  The Member accepts, declares and undertakes that he/she will comply with and not violate all the terms contained in the Membership Agreement, the rules specified in the relevant parts of the Platform and all applicable legislation provisions and that he/she understands and approves them while performing the registration procedures, benefiting from the Platform Services and performing any transaction related to the Products or Services on the Platform.

• 5.4.  ACCSHOP is an "electronic commerce intermediary service provider" pursuant to UAE Federal Law No. 1 of 2006 on Electronic Commerce and Transactions and a "hosting provider" pursuant to UAE Federal Law No. 5 of 2012 on Combatting Cybercrimes and Crimes Committed Through Such Publications. ACCSHOP is not responsible for the authenticity, reliability, accuracy or lawfulness of any visual, written or other content on the Platform, except for the Products offered for sale by ACCSHOP itself, and AccShop has no obligation to check such content or to investigate whether there is any illegal activity on the Platform.

• 5.5.  The Member agrees that ACCSHOP is in no way a party to the Sales Contracts to be concluded with the Sellers, except for the Sales Contracts in which ACCSHOP is the Seller itself, and that AccShop is only liable to the Buyer. 

• The Sellers accept, declare and undertake that the Sellers are personally responsible in every sense within the scope of the applicable consumer legislation and other legislation and ACCSHOP does not have any responsibility. In addition to the foregoing, the Seller is personally responsible for the quality, compliance with the legislation, timely and defect-free delivery, invoicing, delivery of all necessary documents including the warranty certificate, provision of after-sales services and other services, fulfilment of all other obligations and all requests and complaints in other matters. The Buyer accepts, declares and undertakes that it will not direct any responsibility to ACCSHOP regarding the Products, including but not limited to those listed in this article, and that the only addressee in this context will be the Seller who offers the relevant product for sale. In addition, the Buyer accepts, declares and undertakes that if he/she wishes to initiate any legal action regarding the Platform and Platform Services, he/she must fulfil all necessary legal obligations and procedures himself/herself, and that AccShop has no knowledge and responsibility regarding these obligations and procedures. 

• 5.6.  As part of its relationship with ACCSHOP, the Seller authorises AccShop to collect the product price from the Buyer. If the Buyer makes a payment to ACCSHOP for a Product/Service to be purchased from the Seller according to the instructions on the Platform, the Buyer will be released from its payment obligation to the Seller and will not be obliged to pay the Seller separately. However, ACCSHOP shall not have any liability in case the Buyer makes a duplicate payment to the Seller.

• 5.7.  The Member may not use the Platform in any way to disrupt public order, violate public morals, fraudulently, for an illegal purpose in a way that disturbs and harasses others, or in a way that infringes the intellectual and industrial rights of third parties.

• 5.8.  The Member may not engage in activities and transactions (such as but not limited to spam, virus, trojan horse) that prevent or make it difficult for other members or third parties to use the Platform Services. It cannot use the Platform for the purpose of disrupting, changing, reverse engineering the whole or any part of the Platform. It cannot use any technology that damages the database of the Platform or any content on the Platform, and cannot spread viruses.

• 5.9.  The Member accepts, declares and undertakes that ACCSHOP shall be authorised to disclose the confidential/private/commercial information of the Member to both the official authorities and the rightful persons in accordance with the provisions of the mandatory legislation in force or in cases where it is claimed that the Member violates the rights of other members and third parties, and that no compensation can be claimed from AccShop under any name for this reason.

• 5.10.  The ideas, thoughts and comments declared, written, used by the Member on the Platform are entirely the Member's own personal opinions and ACCSHOP does not have any responsibility for these ideas, thoughts and comments. In any request that may be directed to ACCSHOP, ACCSHOP will forward the relevant request to the owner of the idea, thought and comment, and reserves the right to recourse all damages and losses to the owner of the idea, thought and comment.

• 5.11.  The Member may not transfer its rights and obligations under the Membership Agreement, in whole or in part, to any third party without the prior written consent of ACCSHOP.

• 5.12.  Members may only perform transactions on the Platform for lawful purposes. Any legal and criminal liability that may arise due to any transaction and action of the Member using or through the Platform belongs to the Member. Each Member accepts, declares and undertakes that he/she will not reproduce, copy, distribute, process the pictures, texts, visual and audio images, video clips, files, databases, catalogues and lists contained in the Platform in a way that constitutes an infringement of the real or personal rights or assets of ACCSHOP and/or another third party, and that he/she will not compete directly and/or indirectly with ACCSHOP with these actions or in other ways. AccShop cannot be held liable in any way, directly and/or indirectly, for any damages suffered or may be suffered by third parties due to the Member's activities on the Platform in violation of the provisions of the Membership Agreement and / or the law. ACCSHOP reserves all kinds of lawsuits, complaints and recourse rights against those who act to the contrary.

• 5.13.  ACCSHOP reserves the right to change the Platform Services and content at any time. ACCSHOP may exercise this right without notice and without prior notice.

• 5.14.  ACCSHOP is not responsible for typographical errors in the prices of the Products on the Platform.

• 5.15.  All Product prices on ACCSHOP may undergo price changes instantly. In this case, the Member will make transactions at the prices at the time he/she makes payment and proceeds to the purchase stage, not at the first price he/she sees. With this Membership Agreement, the Member is deemed to have accepted that there may be sudden price changes.

• 5.16.  ACCSHOP may provide "links" through the Platform to other websites and/or portals, files or content owned and operated by other third parties. These "links" may only be provided to the Member by ACCSHOP for ease of reference and are not intended to support the website or the person operating the website, nor do they constitute a representation or warranty of any kind regarding the website or the information it contains. ACCSHOP has no responsibility for the portals, websites, files, contents or services or products offered from the websites or their content accessed through the "links" on the Platform.

• 5.17.  The Member who violates the provisions of this Membership Agreement is personally liable for the violation. Regarding the dispute regarding the breach, in the event that ACCSHOP applies for alternative dispute resolution at its discretion or if a lawsuit is filed in court, ACCSHOP reserves the right to indemnify the Member for all damages and expenses, including all kinds of pecuniary and non-pecuniary damages to be incurred by ACCSHOP and all taxes, fees, expenses, attorney's contract and legal attorney's fees.

• 5.18.  ACCSHOP reserves the right to terminate the Membership Agreement concluded by a Member unilaterally and at its sole discretion at any time. In the event that ACCSHOP exercises this right, the Member accepts and undertakes unconditionally, unconditionally and irrevocably that he/she will not claim any rights or receivables against ACCSHOP.

• 5.19.1  The ACCSHOP brand and logo, the software and design of the Platform and all kinds of brands, designs, logos, slogans and all similar content created by ACCSHOP in relation thereto are the property of ACCSHOP. The intellectual/industrial property rights and/or other intellectual property rights related to these are protected by the relevant laws, and they may not be used, acquired, modified or used by the Member without authorisation in or outside the Platform as if or implying that they belong to the Member or any other third real or legal person.

• 5.19.2. The ACCSHOP does not claim ownership of any intellectual property related to any video games listed on the Website or the intellectual property of any video game producer, publisher or distributor or any of their affiliates. All copyrights and trademarks are the property of their respective owners. ACCSHOP is not endorsed by any video game producer, publisher or distributor, and does not reflect the views or opinions of them or anyone officially involved in the production or management of any of the video games listed on the Website.

• 5.20.  The Member accepts and declares that ACCSHOP may collect certain information such as the name of the internet service provider used to access the Platform, Internet Protocol (IP) address, the date and time of access to the Platform, the pages accessed while on the Platform and the address of the website that provides direct connection to the Platform for the improvement and development of the Platform and/or within the framework of legal legislation.

• 5.21.  ACCSHOP has taken measures to ensure that the Platform is free of viruses and similar malware to the best of its ability. In addition, in order to ensure ultimate security, the Member is required to supply its own virus protection system and provide the necessary protection. In this context, the Member accepts that he/she is responsible for all errors that may occur in his/her software and operating systems and the direct or indirect consequences of these errors by entering the Platform in any way.

• 5.22.  ACCSHOP may unilaterally change, update or cancel the terms of the Membership Agreement at any time at its sole discretion, without the need for prior notice and / or warning in any form or manner. Any amended, updated or cancelled provision shall be effective for all members on the date of publication.

• 5.23.  The parties accept, declare and undertake that all electronic records on all servers, computers, hard discs, etc. belonging to ACCSHOP or used by ACCSHOP or used or entitled to be used by ACCSHOP and all kinds of electronic and physical documents and records of ACCSHOP or ACCSHOP's legal representatives and proxies related to ACCSHOP's business shall be taken as the sole and real exclusive evidence in that such records constitute an evidence contract.

• 5.24.  ACCSHOP, at its sole discretion, has the right to unilaterally and at any time cancel an order that constitutes a suspicion of fraud without prior notice to the Member, and the Member agrees and undertakes that he/she will not claim any rights or receivables against ACCSHOP due to such cancellation, unconditionally and irrevocably.

• 5.25.  ACCSHOP does not act as a mediator or arbitrator in disputes arising between Members (Buyers and Sellers) under the Platform Services.

• 5.26.  Members and ACCSHOP are legally independent parties. There is no partnership, representation, agency or employee-employer relationship between them and approval of the Membership Agreement does not create such relationships between the Parties.

6. PROTECTION OF PERSONAL DATA  

• 6.1.  ACCSHOP processes and shares the personal data obtained during the establishment and execution of this Membership Agreement, the personal data of the Member, especially for the purposes of providing the services specified in the Membership Agreement, the formation of the order for the Product / Service and the realisation of the delivery, carrying out activities to increase the satisfaction of the Member, ensuring the security of the accounts, fraud, financial crimes, misuse of the Platform, resolving disputes arising in matters that may constitute a crime in terms of the UAE Penal Code or other United Arab Emirates laws.

• 6.2. The Member agrees that he/she can obtain detailed information about the activities of processing and sharing personal data, which is an integral part of this Membership Agreement, and that he/she understands this matter. The Member further agrees that ACCSHOP reserves the right to update its agreements and policies at any time in accordance with changes in applicable legislation or ACCSHOP's practices.

7.COMMERCIAL ELECTRONIC COMMUNICATIONS 

• 7.1.  ACCSHOP may send commercial electronic messages to the Member for the purpose of promoting and marketing its goods and services through the electronic mail address registered on the Platform or by making a call or sending SMS to the telephone number, if the Member consents to commercial electronic messages in accordance with the Commercial Electronic Message Information Text. The Member is obliged to keep the electronic mail address and telephone number registered on the Platform accurate and up-to-date.

• 7.2.  The Member has the right not to consent to the sending of commercial electronic messages or to withdraw his/her consent. In this context, it will be able to withdraw its consent by the methods listed in accordance with the relevant legislation.

8.CONTRACT MODIFICATIONS AND WAIVER 

• 8.1.  ACCSHOP may, at its sole discretion, unilaterally change all kinds of policies and rules, terms and conditions, especially the Membership Agreement on the Platform, at any time it deems appropriate, by announcing / notifying in any way.

• 8.2.  Unless otherwise stated by ACCSHOP, amendments and additions shall become effective on the date they are announced/notified and/or published on the Platform without the need for further approval, and the remaining provisions shall remain in full force and effect and shall continue to have their terms and consequences.

• 8.3.  By continuing to use the Platform or benefit from the Platform Services, the Member shall be deemed to have accepted these changes and additions. ACCSHOP may restrict, block, suspend or terminate the Member's membership partially or completely if the relevant legislation provisions order the changes to be expressly approved by the Member and the changes are not approved by the Member.

• 8.4. Waivers not signed by ACCSHOP are not valid. ACCSHOP's failure to exercise any of its rights under the Membership Agreement, in whole or in part, not to require the Member to comply with any term or condition of the Membership Agreement and/or waiver of any breach of the Member shall not restrict the subsequent fulfilment of the requirement of such term or condition or shall not be interpreted as a waiver of any subsequent breach. 

9.FORCE MAJEURE 

9.1. Riots, embargo, state intervention, rebellion, occupation, war, uprising, mobilisation, strikes, lockouts, labour disputes including labour actions or boycotts, cyber-attacks, communication problems, infrastructure and internet failures, improvement or renewal works related to the system and failures that may occur for this reason, power outage, fire, explosion, storm, flood, earthquake, migration, migration, epidemic, pandemic or other natural disaster, bad weather conditions, legislative changes, decisions taken by the competent authorities or other events beyond ACCSHOP's control, which are not caused by its fault and cannot be reasonably foreseen, and events that it cannot avoid despite exercising due diligence are Force Majeure ("Force Majeure"). If any Force Majeure prevents or delays ACCSHOP from fulfilling its obligations arising from this Membership Agreement, ACCSHOP cannot be held liable for its obligations prevented or delayed as a result of Force Majeure and this situation cannot be considered a breach of the Membership Agreement. In case of Force Majeure, the Member accepts and undertakes unconditionally, unconditionally and irrevocably that he/she will not claim any right or receivable against ACCSHOP. 

10.DISCLAIMER

• 10.1.ACCSHOP is not affiliated or in any way officially connected with:

  Epic Games Inc., Fortnite or any affiliates. The official Fortnite website can be found at: https://epicgames.com/

  Supercell Oy, Clash of Clans, Clash Royale, Brawl Stars or any affiliates. The official Supercell website can be found at: https://supercell.com/

  Riot Games Inc., League of Legends, Valorant or any affiliates. The official Riot Games website can be found at: https://www.riotgames.com/

  COGNOSPHERE PTE. LTD. , Genshin Impact or any affiliates. The Official Genshin website can be found at : https://www.genshin.hoyoverse.com/

  Any other game developer not listed here yet.

  Fortnite, Clash of Clans, Clash Royale, Brawl Stars, League of Legends, Valorant, Genshin Impact, and all other game names, marks, logos, and images not specifically mentioned here are registered trademarks of their respective owners. The use of these trademarks is governed by the fair use principles under EU Regulation 2017/1001, Article 14.

11. APPLICABLE LAW AND JURISDICTION 

• 11.1.United Arab Emirates Law shall apply in the implementation, interpretation and management of legal relations arising under the provisions of this Membership Agreement. Dubai Courts and other competent courts in the UAE are authorised to settle any disputes arising or arising from this Membership Agreement. 

12. TERMINATION OF CONTRACT 

• 12.1. This Membership Agreement remains in force until the Member cancels his membership or until his membership is cancelled by ACCSHOP. Either party may terminate the Membership Agreement unilaterally and without compensation at any time. ACCSHOP may unilaterally terminate the Membership Agreement by cancelling its membership if the Member violates any provision of the Membership Agreement. ACCSHOP reserves the other provisions mentioned above regarding the unilateral termination of the Membership Agreement. 

13. EFFECTIVENESS 

• 13.1.The Member's registration of membership by registering his/her personal data on the Platform and approval of the Membership Agreement means that he/she has read, understood, accepted and undertaken all the articles contained in this Membership Agreement. The Membership Agreement was concluded at the time of the Member's registration on the Platform and entered into force mutually.