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 within the scope of 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 received 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.
- 1.2. Moodart and the Member will be referred to individually as “ Party ” and jointly as “ Parties ” in this Membership Agreement.
- My Account Page refers to the Member-specific page that can be accessed only with the username and password determined by the relevant Member, where the Member can perform the necessary actions in order to benefit from the various applications and Services on the Website, enter his personal data and information requested on the basis of the application. .
- Service refers to the services and applications offered by the business partner designated by Moodart or Moodart in order to enable Members and Visitors to carry out the business and transactions defined in this Membership Agreement.
- The virtual area of the Virtual Store Moodart allocated to the Sellers on the Website in accordance with the Moodart procedures and rules, where the Sellers have the opportunity to post their advertisements consisting of content and images for the sale of one or more products and/or services. means.
- Refers to the legal/real person member who becomes a member of the Website within the scope of the Vendor Partnership and Advertisement Agreement with the Seller Moodart and offers various products and/or services for sale through the advertisements he/she has posted on the account he/she has created on the Website.
- Member means the real person who becomes a member of the Website within the scope of this Membership Agreement with Moodart and purchases the products and/or services offered for sale through the advertisements given by the Seller on the Website.
- Website Ownership refers to the website, mobile applications and mobile site with the domain name https://moodart.net owned by Moodart and offered by Moodart on the Services determined by this Agreement.
- Visitor refers to the real 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, to benefit from the Services and to purchase the products and/or services sold in the Virtual Stores by the Sellers on this platform.
- 3.3. The purpose of the Membership Agreement is to determine the conditions for benefiting from 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 and to be included in the Website. 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 on Consumer Protection No. 6502, regarding the transactions they will perform from the Virtual Store.
- RIGHTS AND LIABILITIES 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 correct 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. Moodart is the owner of the Membership account of the last person who made a payment to Moodart for any Service using the relevant Membership account, if there is a dispute as to which person the Membership rights and obligations belong to, and the said persons make a request to Moodart. has the right to act accordingly.
- 4.3. About Moodart not being a seller of any product or service on the Website and only an "intermediary service provider" in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and the Regulation of Publications Made on the Internet No. 5651 and Fighting Against Crimes Committed Through These Publications Due to being a “space provider” in accordance with the law; 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, Moodart has the right to control the content in question at any time, to disable access and delete it if it deems necessary. Persons who violate the rights of Moodart or third parties with any visual, written and other content published on the website are responsible to Moodart and/or the third parties in question.
- 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 liable 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 its 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 the transactions and correspondence he/she performs 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, may share the information of the Member with the said authorities, if necessary in accordance with the Law on Protection of Personal Data No. 6698, by informing the Member in advance and in any case subject to the data transfer rules.
- 4.7. Personal data obtained from Members during membership and/or shopping on the Website, forgery, fraud, misuse of the Website, between Members and/or Sellers, in disputes that may constitute a crime within the meaning of the Turkish Commercial Code No. 6100, only with the requested subject. In order for the parties to exercise their legal rights on a limited basis, in accordance with the Law on the Protection of Personal Data No. 6698, if necessary, the person concerned may transmit it to other Members and/or Sellers, who may be a party to the dispute, by informing them in advance and subject to data transfer rules in any case.
- 4.8. The user name and password information required by the Member in order 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 have been carried out by him/her, that he/she is responsible for these transactions in advance, that he/she cannot claim any objection and/or objection that he/she did not perform the works and transactions carried out in this way, and/or It accepts, declares and undertakes that it will not refrain from fulfilling its obligations based on the objection.
- 4.9. The Member shall not use the Website in an unlawful and unethical manner, especially in the following cases:
- 4.9.1. Using the Website for the purpose of creating a database, record or directory on behalf of any person;
- 4.9.2. use of all or part of the Website for the purpose of disrupting, altering or reverse engineering;
- 4.9.3. Making transactions using false information or another person's information, creating unreal Membership accounts by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, and the creation of these accounts in accordance with the Membership Agreement or in force. being used in violation of the legislation, unauthorized use of another Member's account, being a party or participant in transactions by impersonating another person or under a wrong name;
- 4.9.4. comment and scoring systems; Using the Website for non-Website purposes, such as posting comments on the Website, or for purposes other than those used to manipulate systems;
- 4.9.5. Spreading a 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;
- 4.9.7. Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by the Website or harm technical operation, automated programs, robots, web crawlers, spiders, data mining (spider, data mining) on the Website without the prior written consent of Moodart. using "screen scraping" software or systems such as data mining) and data crawling, and in this way copying, publishing or using all or part of any content on the Website without permission;
- 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. Any 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 the membership in case it determines that the Member has violated any article of this Membership Agreement or has a reasonable suspicion regarding this.
- PRIVACY AND PROTECTION OF PERSONAL DATA
- INTELLECTUAL PROPERTY RIGHTS
https://moodart.net brand and logo, design, software, domain name of the https://moodart.net mobile application and Website and all kinds of trademarks, designs, logos, trade dress, slogans and all other content created by Moodart in relation thereto. It is the property of Moodart with intellectual property right. The member cannot use, share, distribute, exhibit, reproduce or make derivative works of intellectual property rights owned by 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.
- CONTRACT CHANGES
- FORCE MAJEURE
Employer-employer disputes, including riots, embargoes, government intervention, riots, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, cyber-attack, communication problems, infrastructure and internet failures, system improvement or renovation works, and Failures, power failure, fire, explosion, storm, flood, earthquake, migration, epidemic or any other natural disaster or other events that are beyond the control of Moodart, that are not caused by the fault of Moodart and cannot be reasonably foreseen (“Force Majeure”) If Moodart prevents or delays the performance of its obligations arising from this Membership Agreement, Moodart cannot be held responsible for its obligations that are prevented or delayed as a result of Force Majeure, and this cannot be considered as a violation of this Membership Agreement.
- MISCELLANEOUS PROVISIONS
- 10.1. Evidence contract. In case of disputes that may arise from this Membership Agreement, the member may use 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, binding, definitive and exclusive evidence. accepts that this article will constitute 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 Türkiye. 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 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. Transfer of Membership Agreement. The Member may not assign, in whole or in part, its rights or obligations under this Membership Agreement without the prior written consent of Moodart.
- 10.6. Amendment and Waiver. Failure of a Party to exercise or exercise any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the further exercise or enforcement of such right.
This Membership Agreement, which consists of 10 (ten) articles, has entered into force by being approved by the Member in the electronic environment by reading and fully understanding each of its provisions.