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Article 1. Parties
This Online Membership Agreement (hereinafter referred to as the "Agreement") is made between Assitabet Kozmetik Limited Şirketi, which owns the website, mobile application, and all associated applications (hereinafter referred to as the "Site"), and the Member (hereinafter referred to as the "Member") who has registered their identity and contact information on the system before accepting this Agreement.
By becoming a member of the Site, the Member acknowledges, declares, and undertakes that they have read, understood, and accepted all the terms and conditions of this Agreement.
Article 2. Subject of the Agreement
The subject of this Agreement is to define the provision of all services and applications offered through the digital platform with the domain name assitabetcosmetics.com, owned by Assitabet Kozmetik Limited Şirketi, and to determine the mutual rights and obligations of the parties.
Article 3. Rights of Assitabet Cosmetics
3.1. Assitabet Kozmetik Limited Şirketi (hereinafter referred to as the "Company") may monitor, record, and/or intervene in any activity of the Member on the Site for security reasons, including but not limited to removal from the Site, suspension of membership, termination of membership, or any other necessary intervention.
3.2. The Company reserves the right to change the format and content of the Site, either partially or completely, without prior notice to the Member. It may also change the domain name of the Site, currently www.assitabetcosmetics.com, use different subdomains, perform domain forwarding, and/or shut down the domain.
3.3. The Company may change the scope and/or types of services offered on the Site without prior notice to the Member at any time and/or without stating any reason. It also has the right to suspend, terminate, or completely cancel the services offered on the Site, either partially or entirely.
3.4. The Company may, at any time and for the sake of more effective execution of the activities and/or transactions specified in the Agreement, make changes or updates to the services, sales conditions, and/or operations. The Members hereby accept and declare that they will comply with these changes.
3.5. This Agreement does not include any commitment by the Company to sell services. The Member cannot claim any rights or receivables from the Company under any name for this or any other reason.
3.6. The Company has the unilateral right to suspend, terminate, and/or cancel the membership. The Member acknowledges, declares, and undertakes that they have no right to object in this regard.
3.7. The Company may collect the Member’s identity, address, contact, and Site usage information in a database for all legal purposes, including but not limited to creating user profiles, conducting market research, generating sales and Site usage statistics, and process these data without any restrictions. Additionally, the Company may share this information with third parties/institutions, including but not limited to compliance with legal obligations or in the event of a request from authorized judicial or administrative authorities conducting an investigation or inquiry, or to protect users’ rights and security.
3.8. The Company has the exclusive right to change the price and product feature information of the products and services offered for sale on its system.
3.9. The Company may transform services that do not require user membership into membership-required services, offer additional services, partially or completely change certain services, or make them paid. In this case, the user has the right to terminate the Agreement and withdraw from membership.
3.10. The Company may, in the future, make changes to the implementation of this Agreement, amend existing articles, or add new ones to comply with technical requirements and regulatory alignment, as long as such changes do not negatively affect the users.
Article 4. Member's Obligations
4.1. Membership is completed by the individual wishing to become a member by fulfilling the membership procedure specified on the Site and completing the registration process. By becoming a member, the Member accepts all the provisions of this Agreement and any statements made or to be made by the Company regarding membership and services.
4.2. The Member agrees and declares that the identity, address, and/or contact information provided during the membership process is complete and accurate, and that they will promptly inform the Company via email of any changes to this information. The Member further agrees that they are solely responsible for any legal disputes and/or damages arising from providing incomplete, outdated, or incorrect information. The Company cannot be held liable for such issues.
4.3. The Member agrees to comply with the laws of the Republic of Turkey and general moral principles while using the services provided on the Site. The Member undertakes not to engage in acts of insult, threats, defamation, harassment, or similar behaviors, not to engage in political and/or ideological propaganda, not to engage in disruptive behavior towards other members, to avoid any actions that could tarnish the reputation of individuals and/or organizations, and to refrain from any actions that could cause interruptions or disruptions in the services offered on the Site. Otherwise, the Member accepts full responsibility for any damage caused.
4.4. The Member agrees not to violate the intellectual property rights of third parties, to respect third parties' copyright, to avoid unfair competition, and to respect the trade secrets and private lives of third parties.
4.5. The Member agrees to use a password that is not easily guessable by others, not to share their username, password, and similar information with others, and to be solely responsible for the security of these details. The Company is not responsible for any issues related to the security of this information.
4.6. The Member undertakes not to engage in fraudulent behavior, not to interfere with the security mechanisms of the Site, and to bear responsibility for any damage caused as a result of such actions. Additionally, the Member agrees to compensate the Company for any damages incurred.
4.7. The Member agrees to use only their own membership account, not to use another member's account information, and not to allow others to use their membership account. In case of detection of any violation, the Company has the right to cancel the membership and the Member agrees to compensate any damages that may arise.
4.8. The Member agrees not to send or share any harmful programs, software, code, and/or similar materials on the Site, not to engage in any activity that could endanger the security of the Site or other members, and to bear responsibility for any damage caused. The Member also agrees to compensate the Company for any damages it may suffer as a result.
4.9. The Member may not transfer their membership account to third parties.
4.10. The Member may not restrict, block, or interfere with the use of the Site by others, nor may they interfere with the operation of the Site or the servers or networks used to make the Site accessible.
4.11. The Company is not responsible for any damage that may occur directly or indirectly as a result of virus attacks on the Member's computer hardware or information obtained from the Site, or from accessing and using the Site.
4.12. The Member agrees not to use any tool, software, and/or device to interfere with the operation of the Site or attempt to do so, not to connect to the Site without authorization, not to access or use the software or data of other internet users without permission.
Article 5. Personal Data Privacy and Commercial Electronic Communication
5.1. Assitabet Kozmetik Limited Company ("Company") has the right to collect, record, store, preserve, process, and, if necessary, transfer personal data of the Member, such as their name, surname, address, phone number, etc., to third parties in accordance with legal frameworks.
5.2. The Company undertakes to keep personal information strictly confidential, treat it as a confidentiality obligation, and take all necessary technical and administrative measures to ensure and maintain confidentiality, preventing the disclosure, unauthorized use, or disclosure of any part or all of the confidential information to any third party. However, if the Member shares their personal information in a manner visible to everyone on the Site, this obligation will be void.
5.3. Although the Company takes necessary information security measures, it does not accept any responsibility for damage to confidential information or if third parties gain access to this information as a result of attacks on the Site or system.
5.4. The information collected on the Company's servers will only be used within the Company for purposes such as periodical campaign activities, customer-specific promotional activities, and customer classification to prevent unwanted emails. This data can be obtained and recorded, stored, preserved, modified, reorganized, and transferred either fully or partially using automated or non-automated methods.
5.5. Statistical data that does not contain personal information may be shared with Company employees, business partners, contracted consultants, and service providers.
5.6. Member information may only be disclosed to the relevant authorities upon formal request and in accordance with mandatory provisions of the applicable legislation.
5.7. The Member has the right to inquire whether their personal data is being processed, the purpose of processing, and the third parties to whom the data is transferred. The Member also has the right to request the correction, deletion, destruction, or anonymization of their data, and to seek compensation for any damage caused due to unlawful processing.
5.8. By accepting this Agreement, the Member declares that they have read, understood, and accepted the Information Text prepared by the Company in accordance with the Law on Protection of Personal Data No. 6698 ("KVKK").
5.9. The Member agrees that the Company may send commercial electronic communications for promotional purposes, campaigns, gifts, competitions, raffles, and other commercial purposes via voice, video, or written messages through phone, call center, SMS, email, and other communication channels.
5.10. The Member acknowledges and agrees that the name, surname, address, contact details, and all other necessary information entered into the Company system on assitabetcosmetics.com for the services used will be shared with the institutions/organizations contracted by the Company for the purpose of fulfilling the service. The Member accepts that this sharing is mandatory for the provision of the service and consents to it in advance and explicitly.
Article 6. Intellectual Property Rights
6.1. The presentation and all content of the Site are protected under the laws of the Republic of Turkey and intellectual property law. All commercial trademarks, logos, graphics, visuals, designs, texts, software, codes, and service marks published on this Site, including but not limited to these, belong to Assitabet Kozmetik Limited Company ("Company") or third parties who have granted licenses to the Company.
6.2. The Member may not, directly or indirectly, without the written permission of the Company; copy, reproduce, modify, publish, process, store, distribute, transmit, display, transfer to other platforms, or otherwise use the content of the Site, whether in the same form or in any other form. Similarly, the Member may not allow others to access or use this content. Otherwise, the Member is obligated to compensate the Company and/or the licensors and third parties for any damages they may incur.
6.3. All intellectual and industrial property rights related to the assitabetcosmetics.com website, Site Services, Site information, design, software, codes, commercial trademarks, trade dress, know-how, and all other ownership rights exclusively belong to the Company. Unauthorized use of these rights is strictly prohibited.
6.4. All rights to the texts, graphics, visuals, and other content on the Site are reserved. Unauthorized use, modification, processing, reproduction, distribution, presentation, and public display of such works constitutes a violation of intellectual and industrial property rights.
6.5. The Member agrees to comply with the provisions of all relevant legislation, including the Law No. 5846 on Intellectual and Artistic Works, the Industrial Property Law No. 6769, the Turkish Penal Code No. 5237, the Turkish Code of Obligations No. 6098, the Turkish Commercial Code No. 6102, and any other applicable regulations while using the assitabetcosmetics.com site. The Member acknowledges, declares, and undertakes that they will be fully responsible for any legal, criminal, financial, and administrative liabilities arising from a breach of these provisions and will compensate the Company for any damages incurred as a result.
Article 7. Responsibility
7.1. The Member acknowledges that technical failures, infrastructure problems, internet interruptions, communication issues, system errors, power outages, and/or other problems, not limited to those mentioned, may occur in the information and services provided through assitabetcosmetics.com (“Site”). In such cases, Assitabet Kozmetik Limited Company (“Company”) has the right to suspend, delay, cancel, or terminate the service before, during, or after the sale, without providing any reason and without prior notice to the Member. The Member agrees in advance that they will not make any claims for rights, damages, losses, or compensation from the Company due to these circumstances.
7.2. The Company does not guarantee that the services provided through the Site will be completely error-free, uninterrupted, secure, or free from harmful elements such as viruses. The Member declares that they are aware of these risks while using the Site and agrees not to hold the Company responsible for any damages arising from these risks.
7.3. The Company is not liable for any indirect and/or direct damages that occur, except for those caused by its intentional actions. These damages include, but are not limited to, loss of information, loss of income, loss of data, loss of profit, reputational damage, or interruptions in operations.
7.4. The Site is designed solely for obtaining information and making purchases related to cosmetic products. The Company does not provide any scientific, commercial, or legal guarantee regarding the accuracy, currency, completeness, and reliability of the content on the Site. The Member acknowledges that the content is advisory in nature and that the responsibility for any consequences resulting from making decisions based on this content rests with the Member.
Article 8. Membership Termination and Termination of the Agreement
8.1. If the Member acts partially or completely in violation of any or all of the obligations arising from this Agreement, Assitabet Kozmetik Limited Company (“Company”) may unilaterally terminate this Agreement, cancel or suspend the Member’s membership, and/or partially or completely cancel or suspend the services the Member has received or will receive from the Site, without any notice or reason. In such cases, the Member cannot make any claims for rights, receivables, refunds, compensation, or similar demands. The Company reserves the right to claim any damages arising from or to arise due to this from the Member.
8.2. Each party may unilaterally terminate this Agreement without stating any reason and without prior notice. The Member agrees that, in such a case, they will not claim any rights, receivables, loss of profit, damages, or compensation from the Company under the claim of unjust, untimely, or malicious termination.
8.3. In the event the Member’s membership ends for any reason, the orders placed and transactions made by the Member up until the termination point will remain subject to the provisions of this Agreement. All obligations and responsibilities arising during this period will remain the responsibility of the Member.
Article 10. Miscellaneous Provisions
10.1. Notifications and Communication: The Member agrees that any notifications, changes, membership cancellations, or termination of the Agreement related to this Agreement will be made to the email address provided during the membership process. Notifications sent by email will be deemed as notified to the Member at the moment they are sent by Assitabet Kozmetik Limited Company, whether or not they are received, and will have legal consequences. The Company is not responsible for any delays in reaching the Member with such notifications or for any failure in delivery.
10.2. Invalid Provisions of the Agreement: If any provision of this Agreement becomes invalid or unenforceable, it will not affect the validity of the remaining provisions of the Agreement. The invalid provision will, to the extent legally possible, be amended to align with the purpose of the Agreement or replaced with a valid provision.
10.3. Use of Rights and Authorities: The failure of Assitabet Kozmetik Limited Company to exercise any right or authority under this Agreement, or delay in exercising them, does not imply a waiver of that right or authority. The partial or sole exercise of a right does not prevent the exercise of other rights.
10.4. Dispute Resolution: In case of any dispute arising from this Agreement, the courts and enforcement offices in Ankara shall have exclusive jurisdiction. The parties agree to exclusively refer to these courts for resolving any disputes related to the Agreement.
10.5. Acceptance of the Agreement: The Member declares that they have carefully read this Agreement and accept all of its provisions before using any services and applications provided on assitabetcosmetics.com. The Member acknowledges and undertakes that they accept even those provisions of the Agreement which may be contrary to their interests, fully understanding them.