CURRENT CHANGES TO OUR MEMBERSHIP AGREEMENT
Some changes have been made in our Membership Agreement within the scope of the Law on Protection of Personal Data No. 6698. Below you can find brief information about the changes made in our "Privacy and Cookie Policies", which have been amended under the Personal Data Protection Law.
Current Changes in Our Membership Agreement
- By adding the definition of "Guest"* to the Membership Agreement, it is stated that necessary information can be obtained and processed in order to offer certain advantages to users who enter personal data without being a member of https://moodart.net.
- 1.1. This membership agreement (“Membership Agreement“) is located at SÜMER Merv Caddesi St., No: 108 İSTANBUL/ZEYTİNBURNU Moodart . (“Moodart “) and the Member (“Member“) to determine the conditions for the Member to benefit from the Services offered by Moodart on the Website. has been signed.
- 1.2. Moodart and the Member will be referred to individually as “Party” and jointly as “Parties” in this Membership Agreement. li>
- My Account Page The Member can perform the necessary actions in order to benefit from the various applications and Services on the Website, enter the personal data and information requested from him on the basis of the application, only the user name determined by the relevant Member, and Refers to the Member-specific page that can be accessed with a password.
- Service means the services and applications offered by the business partner designated by Moodart or Moodart in order to enable Members and Visitors to perform the business and transactions defined in this Membership Agreement. .
- Virtual Store Moodart's content on the Website for the sale of one or more products and/or services allocated by the Sellers in accordance with the Moodart procedures and rules It refers to the virtual space where they have the opportunity to publish their advertisements consisting of images and images.
- Seller Moodart the legal/real person who becomes a member of the Website within the scope of the Vendor Partnership and Advertisement Agreement and offers various products and/or services for sale through the advertisements posted on the account created on the Website. refers to the member.
- Member Moodart means the real person who becomes a member of the Website within the scope of this Membership Agreement and who purchases the products and/or services offered for sale through the advertisements given by the Seller on the Website.</li >
- Website The website, mobile applications and mobile applications with the domain name https://moodart.net owned by Moodart and offered by Moodart on the Services determined by this Agreement refers to the site.
- Visitor means the natural person who uses the Website without being a Member and benefits from the Services.
- SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT
- 3.1. Moodart operates the Website and is an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce.
- 3.2. In accordance with the Membership Agreement, the Member wishes to become a member of the Website, benefit from the Services and purchase the products and/or services sold by the Sellers in the Virtual Stores on this platform.
- 3.3. The purpose of the Membership Agreement is to determine the conditions for using the Services and to determine the rights and obligations of the Parties in this direction. With the acceptance of the Membership Agreement by the Member, the Member declares and undertakes that he/she has accepted all kinds of statements regarding the Services, usage, content, applications and Members on the Website.
- 3.4. For the avoidance of doubt, this Membership Agreement is only between the Parties and covers the form and conditions for the Services available on the Website and to be included. The relationship between Members and Sellers is not covered by this Membership Agreement and Moodart is in no way responsible for the relationship between Members and Sellers. Members will be able to seek their rights against Sellers within the framework of other legislation, particularly the Law No. 6502 on the Protection of Consumers, regarding the transactions they will perform from the Virtual Store.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
- 4.1. In order to gain membership status, the Membership Agreement must be approved and the information requested on the membership page must be filled with correct and up-to-date information. The user who wants to become a member must be over 18 (eighteen) years old. The Member, who does not provide accurate and up-to-date information while filling out the Membership Agreement, is personally responsible for all damages that may arise due to this.
- 4.2. If there is a dispute about which person the membership rights and obligations belong to, and the said persons make a request from Moodart, Moodart can be used for any Service using the relevant Membership account.
- 4.3. Moodart is not a seller of any product or service on the Website, and in accordance with the Law No. 6563 on the Regulation of Electronic Commerce, only "intermediary service provider" and on the Internet No. 5651 Due to the fact that it is a "host provider" in accordance with the Law on the Regulation of the Broadcasts and Combating the Crimes Committed Through These Broadcasts; It has no responsibility for the content on the website that has not been published by it, and it has no obligation to check whether the content in question is in compliance with the law. Although Moodart has no such obligation and at its sole discretion, it has the right to control the content in question at any time, to disable access and delete it if it deems necessary. Persons violating the rights of Moodart or third parties with any visual, written or other content published on the Website are liable to Moodart and/or such third parties.
- 4.4. The Member declares that the Seller is the seller and he is the buyer in the distance sales contracts to be concluded in the purchases to be made from any Seller on the Website; that Moodart is not a party to the said distance sales contract relationship; therefore, it accepts and declares that only the Seller is personally responsible in all respects within the scope of the current consumer law legislation and other legislation. In this context, the Member is responsible for the quality of all products exhibited and sold in the Virtual Store, their compliance with the legislation, the issuance of a warranty certificate, invoicing and the delivery of other necessary documents and after-sales service required. accepts and declares that only the Seller is responsible for the services and the timely delivery of the products.
- 4.5. The Member accepts and declares that he/she will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Website, applicable legislation and ethical rules in his transactions and correspondence on the Website. The legal and criminal responsibility for the transactions and actions of the Member within the Website belongs to him.
- 4.6. Moodart, upon the request of the competent authorities in accordance with the current legislation, by informing the Member in advance of the information contained in him, if necessary in accordance with the Law on the Protection of Personal Data No. 6698, and in any case, the data subject to the transfer rules.
- 4.7. Personal data obtained from Members during membership to the Website and/or during shopping, forgery, fraud, abuse of the Website between Members and/or Sellers, Turkish Commercial Code No. 6100 In disputes that may constitute a crime within the meaning of the law, in order for the parties to exercise their legal rights, limited only to the requested subject, in accordance with the Law on Protection of Personal Data No. 6698, by informing the relevant person beforehand and in any case subject to the data transfer rules, other Members and / or to the Sellers.
- 4.8. The user name and password information that the Member needs to access the My Account Page and perform transactions on the Website is created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. . The member states that the transactions carried out with his/her own username and password are carried out by him/her, that he/she is responsible for these transactions in advance, and that he/she cannot put forward any objection and/or objection that he/she did not perform the works and transactions carried out in this way, and/or
- 4.9. The Member shall not use the Website in an unlawful and unethical manner, especially in the following cases:
- 4.9.1. Use of the Website for the purpose of creating a database, record or directory on behalf of any person;
- 4.9.2. Using all or part of the Website for the purpose of disrupting, altering or reverse engineering;
- 4.9.3. By using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information, using false information or the information of another person. creating unreal Membership accounts and using these accounts in violation of the Membership Agreement or applicable legislation, unauthorized use of another Member's account, being a party or participant in transactions by replacing someone else or under a wrong name;
- 4.9.4. Comment and scoring systems; Use for non-Site purposes, such as posting comments on the Website outside of the Website, or for purposes other than those used to manipulate systems;
- 4.9.5. Dissemination of Virus or any other technology harmful to the Website, the Website's database, any content on the Website;
- 4.9.6. Collecting any information about Members or Sellers, including e-mail addresses, without the consent of the persons concerned, or engaging in other practices that would constitute a violation pursuant to the Law No. 6698 on the Protection of Personal Data;</li >
- 4.9.7. Engaging in activities that will create unreasonable or disproportionately large downloads on the communications and technical systems specified by the Website or harm the technical operation of the Website without the prior written consent of Moodart the use of "screen scraping" software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling on the website, and in this way copying all or part of any content on the Website without permission. , publication or use;
- 4.9.8. The use of the Services, the campaigns and advantages offered on the Website for malicious purposes and for the purpose of providing unfair benefits, violating the campaign conditions in bad faith.
- 4.10. The member is obliged to carry out the transactions on the Website in a way that will not harm the Website in any way technically. Member, all information, content, material and other content to be provided to the Website, any program, virus, software, unlicensed product, trojan horse, etc. that will harm the system. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent The Member also agrees that he will not enter the Account Page with robot or automatic login methods.
- TERMINATION OF THE AGREEMENT
- 5.1. One of the Parties may terminate this Membership Agreement unilaterally and without compensation at any time. In such a termination, the Parties shall mutually fully fulfill their rights and obligations arising up to the date of termination.
- 5.2. Moodart has the right to suspend, terminate, suspend, suspend, and pursue a Member's membership if it determines or has a reasonable suspicion that the Member has violated any article of this Membership Agreement. .
- PRIVACY AND PROTECTION OF PERSONAL DATA
- INTELLECTUAL PROPERTY RIGHTS
The https://moodart.net brand and logo, the design, software, domain name of the https://moodart.net mobile application and the Website and all kinds of trademarks, designs, logos, trade dress, slogans and all other related products created by Moodart All intellectual property rights of the content are the property of Moodart. The member cannot use, share, distribute, exhibit, reproduce or make derivative works from the intellectual property rights of Moodart or its affiliates without the permission of Moodart. The member cannot use the whole or part of the https://moodart.net mobile application or Website in any other environment without the permission of Moodart. In case the Member acts in a way that violates the intellectual property rights of third parties or Moodart, the Member is obliged to compensate all direct and indirect damages and expenses of Moodart and/or the third party in question.
- AGREEMENT CHANGES
- FORCE MAJEURE
Employer-employer disputes, including riot, embargo, government intervention, riot, occupation, war, mobilization, strike, lockout, labor actions or boycotts, cyber-attack, communication problems, infrastructure and internet failures, system improvement or renewal malfunctions, power failure, fire, explosion, storm, flood, earthquake, migration, epidemic or any other natural disaster or other events that are beyond the control of Moodart, not caused by a fault and cannot be reasonably foreseen (“Force Majeure”) Reason”) prevents or delays Moodart's performance of its obligations arising from this Membership Agreement, Moodart cannot be held responsible for its obligations that are hindered or delayed as a result of Force Majeure, and this cannot be considered a violation of this Membership Agreement.
- MISCELLANEOUS PROVISIONS
- 10.1. Evidence agreement. The member, in case of disputes that may arise from this Membership Agreement, shall ensure that the official book and commercial records of Moodart and the e-archive records, electronic information, electronic correspondence and computer records kept in the database and servers of Moodart accepts that it will constitute binding, definitive and exclusive evidence and that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
- 10.2. Applicable Law and Dispute Resolution. This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of Istanbul Central (Çağlayan) Courts and Enforcement Offices.
- 10.3. Notification Moodart will communicate with the Member via the e-mail address that the Member has provided during registration or by calling the phone number and sending an SMS. The member is obliged to keep his e-mail address and phone number up to date.
- 10.4. Integrity and Severability of the Membership Agreement. This Membership Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Membership Agreement is determined by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, this Membership Agreement shall be deemed severable to the extent that such invalidity, unenforceability or unreasonability is reached; and other provisions will remain in full force and effect.
- 10.5. Assignment of Membership Agreement. The Member shall not assign any or all of its rights or obligations under this Membership Agreement without the prior written consent of Moodart.
- 10.6. Amendment and Waiver. The failure of one of the Parties to exercise or enforce any right granted to it in the Membership Agreement shall not constitute a waiver of such right or shall not prevent the further exercise or enforcement of such right.
This Membership Agreement, which consists of 10 (ten) articles, has entered into force by reading and fully understanding each provision by the Member and confirming it in electronic environment.