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1) PARTIES
1.1) This Website Membership Agreement ("Agreement"); is concluded between Jujumood ("Company"), residing at Nisantasi Ihlamur Yolu Sokak No:20/A Sisli / Istanbul, and the real person member ("Member") who will become a member of the platform, in order to determine the conditions regarding the Member's use of the Services offered on the Website.
1.2) The Company and the Member shall be referred to individually as "Party" and jointly as "Parties" in this Membership Agreement.
2) PURPOSE AND SCOPE OF THE MEMBERSHIP AGREEMENT
2.1) The COMPANY operates the online electronic commerce platform named www.jujumood.com ("Website") as a service provider and offers virtual sales services ("Services") to consumers who want to purchase products or services electronically.
2.2) The subject of this Membership Agreement is to determine the conditions for the Members to benefit from the Services offered by the COMPANY on the Website and to determine the rights and obligations of the Parties accordingly. By accepting this Membership Agreement by the Member, the Member accepts, declares and undertakes that he/she has accepted all kinds of statements regarding the Services, usage, contents, applications, Members and users offered by the COMPANY on the Website and to be on the Website.
3) DEFINITIONS
Privacy Policy and Data Protection Statement; refers to the text that regulates the general privacy policy of the COMPANY regarding personal data and the use of cookies, including issues such as for what purposes and in what way the personal data transmitted by the Members through the Website will be used by the COMPANY and can be accessed through the Website.
My Account Page: It refers to the page specific to the Member, where the Member can perform the necessary transactions to benefit from various applications and Services on the Website, enter their personal information and the information requested from them on an application basis, and can only be accessed with the username and password determined by the relevant Member.
Services: It refers to the product/service sales and related applications put forward by the COMPANY in order to enable the Members to perform the work and transactions defined in this Membership Agreement.
Member: It refers to the real person who is a member of the Website within the scope of this Membership Agreement made with the COMPANY and intends to purchase the products and/or services offered for sale on the Website.
Website:
It refers to the internet sites and/or mobile applications (mobile applications include the mobile site) on the domain names owned by the COMPANY and on which the COMPANY offers the Services determined by this Membership Agreement.
4) RIGHTS AND LIABILITIES OF THE PARTIES
4.1) In order to gain membership status, the user who wants to become a Member must approve this Membership Agreement on the Website, fill in the information requested herein with correct and up-to-date information, and the Membership application must be evaluated and approved by the COMPANY. The user who wants to become a Member must be 18 (eighteen) years of age or older. The Membership status begins with the completion of the approval process and notification to the Member, and thus the Member acquires the rights and obligations specified in this Membership Agreement and in the relevant places of the Website. The Member who does not provide correct and up-to-date information while filling out the said Membership Agreement is personally responsible for all damages that may arise for this reason. The Member has the right to terminate the Membership status at any time by sending an e-mail to the e-mail address in the Communication section or by clicking the "Membership Cancellation" button that can be accessed from the "My Account" page.
4.2) In case of a dispute regarding which person the membership rights and obligations belong to and if the persons in question make a request to the COMPANY in this regard, the COMPANY will accept that the last person who made a payment to the COMPANY for any Service using the relevant Membership account is the Membership account holder and will act accordingly. In such a case, the COMPANY reserves the right to act independently of the rule specified in this Article 4 in accordance with the Membership information, Membership transactions and similar information.
4.3) In the event that the Member wishes to initiate any legal transaction or purchasing process regarding the advertisements viewed on the Website, he/she accepts and declares that he/she is obliged to fulfill all necessary legal obligations and procedures, including those stated on the Website, and that the COMPANY has no knowledge or responsibility regarding such obligations and procedures.
4.4) The Member declares that he/she will act in accordance with the provisions of this Membership Agreement, all conditions specified on the Website, applicable legislation and ethical rules in the transactions and correspondences he/she carries out on the Website. The legal and criminal liability for the transactions and actions carried out by the Member within the Website belongs to the COMPANY.
4.5) In accordance with the current legislation, the COMPANY may share the information held by the Member with the relevant authorities upon request.
4.6) Personal data obtained from the Members during membership to the Website and/or during shopping may be transmitted to other 3rd parties who may be parties to the dispute, only for the purpose of the parties exercising their legal rights, limited to the requested subject, in disputes arising from forgery, fraud, misuse of the Website, and issues that may constitute a crime within the meaning of the Turkish Penal Code, and only within this scope.
4.7) The username and password information that the Member needs to access the My Account page and perform transactions via the Website are created by the Member, and the security and confidentiality of such information are entirely under the responsibility of the Member. The Member accepts, declares and undertakes that the transactions performed with his/her username and password are performed by him/her, that he/she is responsible for these transactions in advance, that he/she cannot raise any defense and/or objection that he/she did not perform the work and transactions performed in this way and/or that he/she will not refrain from fulfilling his/her obligations based on this defense or objection.
4.8) The Member will not use the Website in a manner that is against the law and morality, primarily in the cases listed below.
-Using the Website for the purpose of creating, controlling, updating or changing a database, record or guide on behalf of any person;
-Using the Website for the purpose of disrupting, changing or reverse engineering all or part of it;
-Performing transactions using false information or another person's information, creating fake Membership accounts using false or misleading personal data including false or misleading residence address, e-mail address, contact, payment or account information and using these accounts in a manner contrary to the Membership Agreement or applicable legislation, using another Member's account without permission, becoming a party or participant in transactions by impersonating another person or under a false name;
-Using comment and scoring systems for purposes other than the Website, such as publishing comments on the Website outside the Website, or using them in a manner other than their intended purposes to manipulate systems;
-Spreading viruses or any other technology that harms the Website, the Website's database, or any content on the Website;
-Collection of any information about other Members, including e-mail addresses, without the permission of the relevant persons;
-Using activities that will create unreasonable or disproportionately large loads on communications and technical systems determined by the Website or that will harm technical functioning, using automatic programs, robots, web crawlers, spiders, data mining and data crawling, such as "screen scraping" software or systems on the Website without the prior written permission of the COMPANY, and copying, publishing or using all or part of any content on the Website without permission.
4.9)The Member is obliged to carry out the transactions he/she will perform on the Website in a way that will not cause any material or technical damage to the COMPANY. The Member accepts and undertakes that he/she has taken all necessary precautions, including using the necessary protective software and licensed products, to ensure that all information, content, materials and other content he/she will provide to the Website do not contain any programs, viruses, software, unlicensed products, trojan horses, etc. that will harm the system. The Member also accepts that he/she will not enter the My Account page with robots or automatic login methods.
4.10) It is unlawful to use the Website or the content on the Website in violation of the terms of use set forth in this Membership Agreement or the provisions of the applicable legislation; the COMPANY reserves its rights to file a claim, lawsuit and pursue the matter.
5)PRIVACY AND DATA PROTECTION
5.1) The COMPANY attaches importance to the processing, security and protection of personal data provided by the Member through the Website in accordance with all legislation, including the Personal Data Protection Law No. 6698, in order to benefit from the Services offered on the Website. In this context, the COMPANY collects, uses, transfers and otherwise processes the personal data provided by the Member in accordance with the Privacy Policy on the Website. The Privacy Policy is an integral part of this Membership Agreement.
5.2) By using the Services and/or creating an account, the Member expressly and freely consents to the collection, use, transfer and other processing of his/her personal data as specified in the Privacy Policy. You can review our Privacy Policy for more information on the conditions for the use of personal data and your rights in this regard, and you can exercise your rights by sending an e-mail to the e-mail address on the Website.
5.3) Personal data declared by the Member to the Website and consented to be shared; are collected, stored, processed, used and may be shared with 3rd Parties based on our contractual relations by the COMPANY or its business partners in accordance with the Privacy Policy for the purposes of fulfilling the obligations determined by this Membership Agreement, carrying out the applications required for the operation of the Website, providing and offering various advantages to the Member and conducting advertisements, sales, marketing, surveys, all kinds of electronic communication, profiling and statistical studies specific to the Member. 5.4) The Member accepts and declares that he/she consents to the use and storage of his/her personal data by the COMPANY in this manner. The COMPANY will take all necessary measures to ensure that the personal data in question is stored securely in accordance with Article 12 of the Personal Data Protection Law No. 6698, and to prevent unauthorized access and unlawful data processing. The Member's personal data shall be kept in accordance with Article 12 of the Personal Data Protection Law No. 6698. 11 has the right to use its rights and make changes or updates to these data at any time.
6) INTELLECTUAL PROPERTY RIGHTS
6.1) “The COMPANY brand and logo, the software of the Website, the domain name and all kinds of intellectual property rights of all kinds of brands, designs, logos, trade dress, slogans and all other content created by the COMPANY in relation to these are the property of the COMPANY. The Member cannot use, share, distribute, exhibit, reproduce or create derivative works from the intellectual property rights subject to the ownership of the COMPANY or its affiliates without permission. In the event that the Member acts in a way that violates the intellectual property rights of third parties or the COMPANY, the Member is obliged to compensate all direct and indirect damages and expenses of the COMPANY and/or the third party in question.
7) AMENDMENTS TO THE AGREEMENT
7.1) COMPANY may, at its sole discretion, unilaterally change this Membership Agreement and any policy, provision and condition on the Website, including the Privacy Policy, at any time it deems appropriate, provided that it does not violate the provisions of the current legislation, by announcing it on the Website. The amended provisions of this Membership Agreement shall become valid on the date they are announced on the Website, and the remaining provisions shall remain in force and continue to have their provisions and consequences. For the avoidance of doubt, this Membership Agreement cannot be unilaterally changed by the Member.
8) FORCE MAJEURE
Epidemic disease, riot, embargo, state intervention, rebellion, occupation, war, mobilization, strike, lockout, labor actions or boycotts including employee-employer disputes, cyber attack, communication problems, infrastructure and internet failures, system improvement or renewal works and failures that may occur due to these reasons, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events that occur outside the control of the COMPANY, are not caused by its fault and cannot be reasonably foreseen ("Force Majeure"), if they prevent or delay the COMPANY from fulfilling its obligations arising from this Membership Agreement, the COMPANY cannot be held responsible for its obligations that are prevented or delayed as a result of the Force Majeure and this situation cannot be considered as a violation of this Membership Agreement.
9) MISCELLANEOUS PROVISIONS
9.1) Evidence contract. The Member accepts that in disputes that may arise from this Membership Agreement, the COMPANY's official books and commercial records and e-archive records, electronic information and computer records kept in the database and servers shall constitute binding, definitive and exclusive evidence and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
9.2) Applicable Law and Dispute Resolution. This Membership Agreement shall be exclusively subject to the laws of the Republic of Turkey. Any disputes arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of the Istanbul Central (Çağlayan) Courts and Enforcement Offices.
9.3) Notification. The COMPANY shall communicate with the Member through the e-mail address provided by the Member during registration or by calling the phone number and sending a Whatsapp message or SMS. The Member is obliged to keep his/her e-mail address and phone number up to date.
9.4) Integrity and Divisibility of the Membership Agreement. This Membership Agreement constitutes the entire agreement between the Parties with respect to the subject matter. If any provision of this Membership Agreement is determined to be invalid or unenforceable or unreasonable in whole or in part by any competent court, arbitration board or administrative authority, this Membership Agreement shall be deemed divisible to the extent of such invalidity, unenforceability or unreasonableness and the other provisions shall remain in full force and effect.
9.5) Transfer of the Membership Agreement. The Member shall not be able to assign its rights or obligations under this Membership Agreement in whole or in part without the prior written approval of the COMPANY.
9.6) Amendment and Waiver. The failure of a Party to exercise or enforce any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the subsequent exercise or enforcement of such right.
This Membership Agreement, consisting of 9 (nine) articles, has entered into force after each provision has been read and fully understood by the Member and approved electronically.
