MEMBERSHIP AGREEMENT

MEMBERSHIP AGREEMENT

 

ARTICLE 1 - PARTIES AND DEFINITIONS

Sales person                          Odak Bilgi Teknolojileri Dış Tic. Ltd. Şti. , operating at Rota Ofis Atakent mah. 221 Sok. A Blok 3/A Kat:10 D:58 Halkalı, Küçükçekmece, İstanbul address and providing the Site,

Member                             : We hereby authorize ……………, the owner of the email address ……..@example.com, to accept this agreement.

Site                              : The website consisting of the domain name www.takeashot.com.tr and its subdomains, and the e-commerce platforms created in connection with this site,

The Seller and the Member will be referred to individually as "Party", and together as "Parties".

This membership agreement will be referred to hereinafter as the "Agreement". 

 

ARTICLE 2 - MEMBERSHIP TERMS AND CONDITIONS

By following the relevant instructions on the Site, filling out the information specified in the membership form, approving the terms specified in this Agreement, and undertaking to comply with the terms specified in this Agreement, an individual gains the right to become a member. Completion of the membership process signifies acceptance, declaration, and undertaking of the rights and obligations specified in this Agreement and its appendices.

Members are required to provide accurate, complete, and up-to-date registration information. Otherwise, the Seller is not responsible for any damages incurred by the Member. If it is determined that the information provided by the Member is inaccurate, incomplete, or outdated, the Agreement will be considered breached, and the account may be closed without prior notification to the Member.

The member acknowledges and agrees that the name, username, password, etc., obtained or used during registration or in subsequent stages will be used solely by them, that they will not share this information with others, and that this information is accurate. The member is solely responsible for any inaccuracies in this information or for it falling into the hands of third parties. Otherwise, the member is solely responsible for any damages that may arise (damages suffered by third parties and/or the Seller).

Membership on the Site requires having legal capacity. Individuals who make misleading statements regarding their legal capacity, whose membership has been suspended, terminated, or permanently banned, are prohibited from registering with another user account. The Seller cannot be held liable for any damages arising from a violation of this prohibition; the individual is solely responsible. In this context, it is essential that the person wishing to become a member is of legal age, has the capacity to understand, and is not under guardianship. Membership of minors or those under guardianship is only possible with the consent of their legal representative.

The Seller reserves the right to terminate or suspend membership without notice, compensation, or giving any reason. No claims for compensation or damages under any circumstances can be made against the Seller due to the termination of membership.

The member acknowledges, declares, and undertakes that they are solely and exclusively responsible for the accuracy of the information they provide and for whether it infringes on the rights of third parties.

The information, opinions, and comments provided by the Member, both during the signing of this Membership Agreement and in all subsequent processes such as purchasing, delivery, writing product reviews, etc., may not violate laws, morals, and social norms. Using obscene, abusive, or insulting language, giving nicknames, and inciting violence and hatred based on racial, religious, ethnic, or other differences are prohibited. Any damages and liabilities arising from such actions shall be solely the responsibility of the Member.

The Member acknowledges, declares, and undertakes that they will not engage in reverse engineering of the Site or any other action aimed at finding or obtaining its source code, and that any damages and liabilities arising therefrom will be solely their own responsibility.

The Seller reserves the right to immediately terminate this Membership Agreement for just cause, including suspending the service, in the event of any conduct that violates the law or the Agreement.

 

ARTICLE 3 - RESPONSIBILITY

The Member declares, accepts, and undertakes that they are aware that the products sold by the Seller through the Site are delivered in packaged containers and, in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, are considered within the scope of "Contracts relating to the delivery of goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery, and whose return is not suitable for health and hygiene reasons," and that the right of withdrawal or return cannot be exercised after the packaging has been opened, and that they will comply with this rule.

Since the purchased product is to be used entirely according to the buyer's personal skills, the Seller does not provide any quality or outcome guarantee whatsoever regarding the results obtained from the use of the product(s).

The Seller cannot be held responsible for any fault of the shipping company.

All services provided through this site will be based on the information that the Member declares, accepts, and undertakes to be accurate.

The seller cannot be held responsible for the content entered by the Member on the Site.

The Member is obligated not to make any statements against the Seller and/or the Site, either during the term of the Agreement or after its termination, and not to disclose the terms of the Agreement or any secrets related to the business covered by this Agreement.

 

ARTICLE 4 - USAGE FEE

While there is no fee for site membership, if the Member wishes to purchase any product(s) on the Site, a separate distance sales contract will be signed between the Parties for those product(s).

The Seller reserves the right to determine and change the fees for services provided within the scope of the Site.

ARTICLE 5 - INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights, registered or unregistered, including titles, business names, trademarks, patents, logos, designs, information, and methods, contained on the Site belong to the Seller and are protected under national and international law. Visiting the Site or using the services on the Site does not grant any rights regarding these intellectual property rights.

The information contained on this Site may not be reproduced, published, copied, presented, and/or transferred in any way. The Site, in whole or in part, may not be used on another website without permission.

ARTICLE 6 - FORCE MAJEURE

In all cases deemed as force majeure, the Seller shall not be held liable for any delay, incomplete performance, or non-performance of any of its obligations as defined in this Agreement. Such circumstances shall not be considered as delay, incomplete performance, non-performance, or default for the Seller, and no compensation under any name shall be claimed from the Seller for such circumstances. Force majeure shall be interpreted as events beyond the reasonable control of the relevant party, including but not limited to natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, system improvement or modernization works and resulting malfunctions, power outages, and adverse weather conditions.

ARTICLE 7 - AMENDMENTS TO THE AGREEMENT

The Seller may change the products sold on the Site and the terms of the Agreement, in whole or in part, at any time. Changes will be effective from the date they are published on the Site. It is the Member's responsibility to keep track of these changes. By continuing to use the services offered, the Member is deemed to have accepted these changes.

ARTICLE 8 - ASSIGNMENT OF THE AGREEMENT

The Seller may sell the products directly through the Site or receive support from contracted institutions/organizations. The Member declares, accepts, and undertakes that they have given their prior consent to this matter. The Member accepts, declares, and undertakes that after purchasing the product(s) sold by the Seller through the site according to the information on the site, they will not transfer and/or assign their rights, receivables, and obligations arising from the Agreement to third parties, will not make any changes to their address, etc., and will not allow third parties outside of this Agreement to use their rights.

ARTICLE 9 - CONFIDENTIALITY

The Seller will not disclose the personal information submitted by the Member through the Site to third parties except as specified in the Personal Data Protection and Processing Disclosure Text.

The Member declares, accepts, and undertakes that, in accordance with Law No. 6563 on the Regulation of Electronic Commerce and related legislation, it consents to the Seller contacting it electronically, limited to use within the scope of marketing activities such as promotions, advertisements, campaigns, announcements, etc.

ARTICLE 10 - PROTECTION OF PERSONAL DATA

In accordance with the Law No. 6698 on the Protection of Personal Data, the Member acknowledges that their Personal Data(s) provided/transmitted/communicated to the Seller within the scope of the Clarification Text Regarding the Protection and Processing of Personal Data ("Information"), the details of which are clearly stated to the Member, may be processed and/or transferred by Moneta for the purposes stated in the Information . [OD1]  The User declares, accepts, and undertakes that they have read, reviewed, evaluated, and understood the Personal Data Protection and Processing Information Text included in the link and the annex to this Agreement, and that they explicitly consent to the processing and/or transfer of their Personal Data as stated above, without any social, financial, psychological, etc. pressure; that they are aware of their rights granted under the Personal Data Protection Law and that, within the framework of the above-mentioned information, which they have read and understood, they consent to the processing of their Personal Data by the Seller and its sharing with the persons mentioned above.

ARTICLE 11 - DURATION

The agreement commences upon the member's acquisition of membership status and remains in effect until the member deletes their membership, subject to the Seller's right to terminate the member's membership for justifiable reasons.

ARTICLE 12 - NOTIFICATION

Members will be contacted via the email address and/or phone number they provided during registration, or through general information provided on the site. Communication via email shall be considered equivalent to written communication. It is the member's responsibility to keep their email address up-to-date and to regularly check the site for notifications. The member acknowledges, declares, and undertakes that notifications sent to the specified email address will be considered valid, whether or not they have been received.

ARTICLE 13 - APPLICABLE LAW AND COMPETENT COURT

The courts and enforcement offices of Istanbul Anatolian Courthouse shall be the venues for resolving disputes arising from the application and interpretation of the Convention.

ARTICLE 14- PARTIAL INVALIDITY

If any clause of this Agreement is deemed invalid or cancelled, this shall not affect the validity of the other clauses of this Agreement.

ARTICLE 15 - ENTRY INTO FORCE

The Member acknowledges, declares, and undertakes that they have read, understood, and accepted this Agreement, consisting of 6 (six) pages and 15 (fifteen) articles, and that the information provided is accurate. The Agreement has entered into force mutually and indefinitely upon the Member's approval.

 

Appendix 1: Information Text Regarding the Protection and Processing of Personal Data