Membership Agreement

WEBSITE MEMBERSHIP AGREEMENT

 

 

This Membership Agreement is entered into by and between MD Giyim Tekstil Sanayi Ticaret Ltd. Şti., located at Akşemsettin Mah. Akdeniz Cad. No:9A Fatih İstanbul (hereinafter referred to as "MoodFest"), and the person who is or will become a Member of the website www.moodfest.com.tr (hereinafter referred to as the "Site"), (hereinafter briefly referred to as "Member").

MoodFest and the Member will hereinafter be referred to separately as "Party" and collectively as "Parties".

 

 

This agreement is concluded to determine the rights and obligations of the Parties and the terms of use of the services and content offered on the Site. By accepting the provisions of the Membership Agreement, the Member also accepts all statements made by MoodFest on the Site regarding the use, membership, and services within the Site. The Member accepts, declares, and undertakes to act in accordance with all matters specified in the aforementioned statements.

 

 

Member: A natural person who is a Member of the Site and benefits from the products and/or services offered on the Site under the conditions specified in this agreement.

Site: www.moodfest.com.tr

Website Membership Agreement

: This agreement is concluded electronically between www.moodfest.com.tr website and real and/or legal persons who will benefit from commercial and personalized services offered through the Site.

Membership Form: The form that users who want to become members of the Site are obliged to fill out.

 

 

Obligations of the Member:

 

4.1. The Member agrees that when performing membership procedures, benefiting from "Site" services, and performing any transaction related to the services on the "Site," they will act in accordance with all conditions contained in this agreement, the rules specified in the relevant parts of the Site regarding the service they use, and all applicable legislation, and that they understand all the aforementioned conditions and rules.

4.2. The Member acknowledges that if they wish to become a member of the Site, they must first fill out the membership form on the site and accept and undertake to comply with the provisions of this Agreement.

4.3. The Member agrees that in cases where MoodFest is obliged to make disclosures to official authorities in accordance with the mandatory provisions of the applicable legislation, MoodFest will be authorized to disclose confidential/private/commercial information belonging to members to official authorities if such information is requested by official authorities in due form, and that no compensation can be demanded from MoodFest for any reason whatsoever due to this.

4.4.Members can benefit from the services offered on the Site as "Members" under the conditions specified in this Agreement, after providing the necessary information for membership registration such as name, surname, email, and phone number, and completing the password creation process. Members can visit the Site and benefit from the services even without being a Member under the conditions specified in this Agreement.

4.5. The Member will have a "name-surname" and "password" determined by themselves after filling out the Membership Form, and that the information on the MoodFest Website Membership Form is correct, and that in cases where this information is necessary (such as forgetting a password), the responsibility for any damages arising from incorrect or incomplete information and from content transmitted by MoodFest to the wrong recipient due to this belongs to them, and that their Membership may be terminated in such cases.

4.6. The Member acknowledges that they have the right to use the information such as name-surname, password, email, mobile phone determined by them, and that they are directly responsible if they share it with third parties or organizations (including unauthorized access to the system with username and password and malicious use of the system), that MoodFest is not responsible for errors/problems arising from user errors regarding password usage, and that the Member must complete security steps to define a new password if they forget their password.

4.7.The Member shall not use another person's IP address, e-mail address, username, or other information on the internet, nor shall they access or use the private information of other Members without permission, and that all legal and criminal liabilities arising from such use shall belong to them.

4.8.The Member is personally responsible for all transactions they make through their account and that the information they provide when registering on the Site and shopping is accurate and up-to-date, and that if this information is not accurate, they will fully and immediately compensate MoodFest for all damages incurred due to this.

4.9.The Member agrees to comply with the provisions of the Code of Obligations, Turkish Criminal Code, Turkish Commercial Code, Law on Intellectual and Artistic Works, Law on Protection of Trademark and Patent Rights, Decrees Having the Force of Law, Law on Protection of Personal Data, and other relevant legislation, as well as all announcements and notifications published by MoodFest regarding its services, while benefiting from the services offered on the Site. All legal, criminal, and financial liability arising from use contrary to these notifications and laws belongs to the Member.
4.10. The Member shall not host or share any software or material that will harm the Website or prevent or hinder other members and visitors from using the Site, or cause MoodFest to be in dispute with other websites and real and/or legal persons, brand/title/websites/mobile applications/blogs, and without limitation, any kind of website and platform, and acknowledges that acting otherwise will result in the termination of their membership, and that in case of any criminal situation arising for MoodFest due to these reasons, they assume all legal and criminal responsibilities.

4.11. The Member shall not transfer, in whole or in part, their rights and obligations under the Membership Agreement to any third party without the written consent of MoodFest, but MoodFest may transfer the Agreement to third parties.

4.12. Within the scope of this Agreement, the Member shall only visit and shop on the Site for lawful purposes, otherwise, they shall be held solely responsible for all legal and criminal liabilities in every transaction and action they perform within the Site.

4.13. The Member shall not access the services offered on the Site in an unauthorized manner other than the form determined by MoodFest, shall not change the features of the software and services in any way, shall not use those that are clearly altered, and in cases where they do not comply with the aforementioned articles, they shall pay all material and moral damages that MoodFest may incur.

4.14. The Member shall not use software that will threaten the general security of the Site or prevent or hinder the operation of the Site and the software used, shall not copy, delete, or change the information on the Site.

4.15.The Member shall not harm MoodFest by taking advantage of any vulnerability (technical, etc.) in MoodFest campaigns, sales system, or the Site, shall not gain an unfair advantage, and shall not misuse the sales system or the Site through repeated applications or similar actions.

4.16.The Member acknowledges that MoodFest will not be responsible for damages that may arise from unauthorized reading of Member data without MoodFest's negligence (due to the Member sharing their information with others, not logging out when leaving the site, and similar situations).

4.17.The Member shall indemnify MoodFest for any damages incurred due to the Member's breach of the obligations undertaken in this Agreement; MoodFest shall have the right to recourse against the Member for any compensation, administrative/judicial fines that MoodFest may have to pay to public institutions and/or third parties due to the Member's actions contrary to the Agreement.

4.18.The Member acknowledges that backing up their correspondence on the Site is their responsibility and that MoodFest is not responsible for the loss and deletion of correspondence/necessary information due to not taking backups.

 

accepts, declares and undertakes.

MoodFest’s Obligations

4.19. MoodFest reserves the right to unilaterally change the products and/or services and content offered on the Site at any time, including the prices published on the Site; and to temporarily close or delete the use of the Website and its content to third parties, including Members, without prior notice or warning, and may exercise this right without any notification or prior notice to the Member and other relevant third parties. MoodFest reserves the right to intervene in the content.  

4.20. MoodFest may, at any time, temporarily suspend or completely stop the operation of the Site without prior notice. MoodFest will have no responsibility towards its Members or third parties due to the temporary suspension or complete cessation of the Site.

4.21. MoodFest is not responsible for any damages the Member may incur due to technical malfunctions in Site services. 

4.22.MoodFest does not guarantee that the product stock will be reserved for the Member during the period between the Member adding the product to the cart and purchasing it.

4.23.MoodFest is not responsible for any negative consequences arising from stock errors or loss of the product during the period between the Member purchasing the product and its delivery.

4.24.In the event that the Member violates their obligations arising from this Agreement, MoodFest always has the right to stop the Member's account usage, terminate the Member's membership, and unilaterally terminate this Agreement immediately, in addition to all its legal rights.

4.25.MoodFest will show the necessary care to ensure that its services are provided on time, securely, and without errors, that the results obtained from the use of the service are accurate and reliable, and that the service quality meets expectations, but it does not guarantee these.

4.26. MoodFest will not accept responsibility for the internet and service quality not being equally provided to each Member, nor will it be the addressee of Member demands arising therefrom. However, MoodFest will take necessary precautions to ensure maximum service quality.

4.27. MoodFest may not provide delivery to Members who purchase the product/products it sells. The display of products on the Site does not mean they are in stock. In this context, MoodFest will not be held responsible for the inability to fulfill Members' requests.

 

5.1.The "MoodFest" brand and logo, the design and software of MoodFest's WEB Site, and all kinds of intellectual and industrial property rights to all brands, designs, logos, trade dress, slogans, and other content created by MoodFest are owned by MoodFest. Visiting this Site or benefiting from the services on this Site does not grant any rights to the Member and/or user regarding these intellectual property rights. The Member may not use, diminish, share, distribute, display, reproduce, link to, or create derivative works from the intellectual and industrial property rights belonging to MoodFest or its affiliated companies without the written permission of MoodFest or its affiliated companies. The Member may not use the entire or part of the WEB Site in another environment without MoodFest's written permission. If the Member acts in a way that violates the intellectual and industrial property rights of third parties or MoodFest, the Member is obliged to compensate MoodFest and/or the relevant third party for all direct and indirect damages and expenses.

6.1. MoodFest attaches importance to the processing, security, and protection of personal data provided by the Member through the Site to benefit from the content, in accordance with all relevant legislation, including the Personal Data Protection Law No. 6698. MoodFest may process, disclose or transfer personal data provided by Members through the membership form on the Site, outside the scope of this Agreement, within the scope of the "Website Clarification Text on the Processing of Personal Data", which is an integral part of this Agreement, and personal data provided to MoodFest during shopping, within the scope of the "Shopping Clarification Text on the Processing of Personal Data".

6.2.MoodFest may share the Member's personal data with official authorities/institutions and organizations when requested by authorized administrative and/or judicial authorities regarding the use of the WEB Site and when it is necessary to provide information to protect the Member's rights or security, and to the extent required by law.

6.3.If MoodFest provides links and/or redirects to certain websites/social media platforms or content, MoodFest has no responsibility or control over the data collection, processing, transfer or content of such third-party sites.

6.4. MoodFest cannot be held responsible for cyberattacks and all kinds of theft offenses in MoodFest accounts or MoodFest's systems, which may occur due to the Member's negligent and fault-constituting error that may lead to a cybersecurity breach, or due to systems of the internet service provider company, or for any other reason. The Member accepts, declares and undertakes that they will not make any claims for damages arising from this matter against DolceMilk under any name whatsoever.

 

7.1.In addition to cases accepted by legislation, events such as insurrection, embargo, government intervention, war, mobilization, natural disaster, strike, lockout, labor-employer problems, communication problems, infrastructure and internet failures, cyberattack, economic crisis, strike, illegal work stoppage, riot, rebellion, mobilization, war, earthquake, fire, flood, infectious and epidemic diseases and prevention of transportation due to these reasons, notified or unnotified electricity and internet outages, regulation limitations, system and infrastructure improvement or renewal works, failures that may occur due to these reasons, disruptions originating from internet connection service providers, decisions and practices of authorized official authorities and infectious and epidemic diseases, fire, explosion, storm, flood, earthquake, migration or other natural disasters, including but not limited to bad weather conditions, shall be interpreted as events beyond MoodFest's control, which it could not prevent despite exercising due diligence.

 

7.2.MoodFest will not be obliged to perform its obligations under this agreement in all cases considered force majeure by law; it will not be held responsible in any form or level by claiming that the performances were completely or partially, late or incompletely performed. The Member accepts, declares and undertakes that they will not demand any compensation from MoodFest under any name whatsoever based on such or similar situations.

 

8.1.The email address notified by the Member to MoodFest in writing is accepted as the legal postal address for all notifications to be made in relation to this agreement. The Member accepts that notifications made to old email addresses will be valid and considered to have been made to them, unless they notify MoodFest in writing of changes to their current email addresses within 3 (three) days.

8.2.Any notification made using the Member's registered email address will be deemed to have reached the Member 1 (one) day after the email is sent by MoodFest. The Member declares, accepts and undertakes that they have read, understood, accepted all the provisions of this Agreement and confirmed the accuracy of the information they have provided.

 

 

9.3 Turkish law shall apply to the implementation of this agreement, and Istanbul Courts and Enforcement Offices shall have jurisdiction. If the order is approved electronically, the Member is deemed to have accepted all provisions of this agreement. In case of any dispute between the parties and/or regarding third-party complaints, MoodFest's records and documents, email correspondence, and system records on the website (including records in magnetic media such as computer and audio recordings) shall constitute conclusive evidence in the sense of Article 193 of the Code of Civil Procedure (HMK).

 

10.1. The Parties may terminate this Agreement at any time. The termination of the Agreement does not affect the receivables of the parties from each other.

10.2. This Membership Agreement, consisting of 10 (ten) articles, came into force at the moment it was approved electronically by the Member, after each provision was read and fully understood.