As internationalFunction OÜ. (“Company”), the protection and security of your personal data are at paramount important to us. Therefore, we are constantly reviewing our data processing activities and revising our policies in accordance with the applicable legislation in our present markets. This Privacy & Cookie Policy and Data Processing Principles (“Privacy Policy”) at our company website (“Website”) are written and will be regularly reviewed in accordance with general data protection legislations in your jurisdiction and with General Data Protection Regulation (“GDPR”) and applies to all Websites, apps, events and to any other services owned and operated by the Company.
1. Data Processing Principles a. Information Automatically Collected. When you access our Websites, we and our possible third party partners automatically record information from your device and its software, such as your IP address, browser type, Internet service provider, platform type, the site from which you came and the site to which you are going when you leave our website, date and time stamp and one or more cookies that may uniquely identify your browser or your account. When you access our Services using a mobile device, we may also receive or collect identification numbers associated with your device (such as a unique device ID, IDFA, Google AdID), device type, model and manufacturer, mobile device operating system brand and model, phone number, email address, and other apps that you have downloaded ("Technical Data"). b. Location Data. We do not currently collect your precise geolocation or any latitude or longitude coordinates for you. Some of the information we collect, for example an IP address, can sometimes be used to approximate a device’s location. In some cases, we assign the latitude and longitude of the centre of a city or state on record for you to your profile as a way to improve our analytics and offer best matches for you. This is a general latitude and longitude and does not correspond to your real time or historical location specifically. c. Information Provided by Others. We may link or combine the personal data we collect about you and the information we collect automatically. This allows us to provide you with a personalised experience regardless of how you interact with us. d. Anonymization. We may anonymise and aggregate any of the personal data we collect (so that it does not directly identify you). We may use anonymised information for our business purposes including testing our IT systems, research, data analysis, improving our services and developing new products and features. We may also share such anonymised information with others.
Where you do not provide the personal data, we may not be able to provide you the related services; as it may depend on this information. 2. How We Collect and Use Your Data The main reason we use your information is to deliver what we offer and constantly improve our services. Additionally, we use your information to help keep you safe and to provide you with advertising that may be of interest to you. Generally, we will use your personal data in the following circumstances: Where you have given consent for us to use your personal data, for the stated purposes like; marketing, sales and any sort of informative reasons Job applications directly from our Websites and/or via company e-mail accounts and any sort of communication deriving from contact forms or written enquiries Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Where we need to comply with a legal or regulatory obligations.
When the public area of the website is used, the user’s automatically anonymised IP address is saved. As a result of the anonymization, it is impossible to identify the anonymised user and tracking their movement on the website does not allow for any conclusions to be drawn about a specific user.
3. Withdrawing your Consent
You may withdraw your consent fully or partially at any time by contacting us from any contact details at our Website.
4. Marketing Purposes and Newsletter From time to time we may contact you with relevant information about our services and products. Most messages we send will be by email. For some messages, we may use personal data we collect about you to help us determine the most relevant information to share with you.
Newsletters We only contact you once you will provide us your name-surname and e-mail address, which will be deemed as explicit consent to subscribe to our Newsletter.
We use the double opt-in process for our newsletter registration. This means that after your registration we send an email to the email address specified by you; in this email we request your confirmation that you desire to be sent the newsletter. If you do not confirm your registration within 24 hours your data is automatically deleted. Furthermore, we also save your used IP addresses and the times of your registration and confirmation. The purpose of this process is to verify your registration and to possibly explain any mis-usage of your personal data. If you do not want to receive Newsletters and other messages from us, you will be able to tell us by selecting certain boxes on forms we use when we first collect your contact details. You can change your marketing preferences by clicking on the unsubscribe link at the bottom of our emails or sending an e-mail to us.
5. Disclosure of Your Information to Third Parties We may have to share your personal data with the parties set out below; Disclosure to Protect Abuse Victims. We reserve the right, but have no obligation, to disclose any information that you submit to the Websites, if in our sole opinion, we suspect or have reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, neglect, or domestic violence. Information may be disclosed to authorities that we, in our sole discretion, deem appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies, or court officials. You hereby acknowledge and agree that we are permitted to make such disclosure. Technology Services Providers, including infrastructure partners (such as AWS), customer support service providers, analytics service providers, cybersecurity partners, fraud analytics companies, payment providers, chargeback representation services and similar partners. Advertising networks and technology companies that measure advertising performance and attribution. Third parties, including consultants, who we engage to provide services on our behalf or to jointly provide services to you, including but not limited to contests and sweepstakes, marketing outreach and analytics, customer support, safety checks, and payment services. Social Networks, such as Facebook, where you have given permission to do so or where you have used your social network account to log-in to the pages of the Company. If you have chosen to do this, your data will be governed by the privacy policy of that social network. To, in our discretion, (i) satisfy any applicable law, regulation, subpoena/court order, legal process or other government request, (ii) enforce our Terms of
Service, including the investigation of potential violations thereof, (iii) investigate and defend ourselves against any third party claims or allegations, (iv) protect against harm to the rights, property or safety of our Company, its employees or the public as required or permitted by law and (v) detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues. In connection with any company transaction, such as a merger, sale of assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings; and We require all third parties to respect the security and privacy of your personal data and to treat it in accordance with the law. However, we are not responsible for those third parties.
6. International Transfers The personal data we collect may be transferred to, and processed and stored in, countries outside of your local jurisdiction. If you are located in the European Union ("EU"), your personal data may be processed outside of the EU, including, for example in Turkey; these international transfers of your personal data are made: a. to a country or territory ensuring an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data as determined by the European Commission; or b. pursuant to appropriate safeguards, such as the Standard Contractual Clauses and Corporate Binding Rules, approved by European Commission Decision C(2010)593 or any subsequent version thereof released by the European Commission If you wish to enquire further about these safeguards used, please contact us using the details set out at the end of this Privacy Policy.
7. Security We have extensive security measures in place to protect the loss, misuse and alteration of the information stored in our database. These measures include the use of Secure Socket Layer (SSL) and administrative access to site data as well as other proprietary security measures which are applied to all repositories and transfers of user information. We will exercise reasonable care in providing secure transmission of information between your computer and our servers, but given that no information transmitted over the Internet can be guaranteed 100% secure, we cannot ensure or warrant the security of any information transmitted to us over the Internet and hence accept no liability for any unintentional disclosure.
8. Data Retention We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for (as set out above), including for the purpose of satisfying and legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means, and the applicable legal requirements.
9. Your Rights under GDPR and under your local Legislation You have certain rights under GDPR and under your local legislation in relation to your personal data. You have the rights to: Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the accuracy of the personal data; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where we no longer need the personal data for the purposes set out above, but we are required by you for the establishment, exercise or defence of legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain features of the services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of these rights, you can contact us from our Websites.
10. Cookies and Similar Tracking Technics a. We use cookies and similar technologies to distinguish you from other users of the Service. This helps us to provide you with a good experience when you browse the Websites and also allows us to improve. b. A cookie is a small data file that we transfer to your device's hard disk (such as your computer or smartphone) for record-keeping purposes. c. We use the following types of cookies: I. Strictly necessary cookies. These are cookies that are required for the essential operation of the Website such as security measures. II. Functionality cookies. These are used to recognise you when you return to the Website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). III. Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it, and the marketing messages we send to you more relevant to your interests. We may also share this information with third parties who provide a service to us for this purpose.
IV. Third party cookies. Please be aware that advertisers and other third parties may use their own cookies tags when you click on an advertisement or link on our website. These third parties are responsible for setting out their own cookie and privacy policies. d. The cookies we use are designed to help you get the most from the Service but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Please note that if you choose to refuse cookies you may not be able to use the full functionality of the Service. These settings will typically be found in the “options” or “preferences” menu of your browser. In order to understand these settings, the following links may be helpful, otherwise you should use the “Help” option in your browser for more details.
e. If you only want to limit third party advertising cookies, you can turn such cookies off by visiting the following links (please bear in mind that there are many more companies listed on these sites than those that drop cookies via our website): I. Your Online Choices ( http://www.youronlinechoices.com/ ) II. Network Advertising Initiative (http://www.networkadvertising.org/) III. Digital Advertising Alliance (http://www.aboutads.info/consumers) b. If you would like to find out more about cookies and other similar technologies, please visit www.allaboutcookies.org or the Network Advertising Initiative's online sources at www.networkadvertising.org.
11. Links to Third Party Sites The Website may, from time to time, contain links to and from third party services. If you follow a link to any of these services, please note that these services have their own privacy policies and that we do not accept any responsibility or liability for their policies. Please check the individual policies before you submit any information to those services.
12. Our Policy Towards Children The Website is not directed at persons under 18 and we do not knowingly collect personal data from persons under 18 or from any change that can be deemed as child in your jurisdiction.
13. Changes to This Policy We evaluate our privacy policies and procedures to implement improvements and refinements from time to time. Accordingly, we may update this Privacy Policy and so you should review this page periodically. If we make material changes to this Privacy Policy, we will update the "last updated" data at the start of this Privacy Policy. Changes to this Privacy Policy are effective when they are posted on this page.
14. Notices If we need to provide you with information about something, whether for legal, marketing or other business related purposes, we will select what we believe is the best way to get in contact with you. We will usually do this through email or by placing a notice on the communication. The fact that we may send notices to you will not stop you from being able to opt out of certain types of contact as described in this Privacy Policy. 15. Contact Details Questions, comments and requests regarding this Privacy Policy are welcome and should be sent to: internationalFunction OÜ. Address: Harju Maakond, Kesklinna linnaosa Viru valjak 2 10111, Tallinn, Estonia Phone: 0212 296 79 80 E-mail: hello@happy-nes.com
ARTICLE 1- THE PARTIES SELLER Company Name: internationalFunction OÜ. Address: Harju Maakond, Kesklinna linnaosa Viru valjak 2 10111, Tallinn, Estonia Phone: 0090 212 296 79 80 E-mail: hello@happy-nes.com BUYER (MEMBER): Full Name: Address: Phone: E-mail: ARTICLE 2 – SCOPE OF THE AGREEMENT This Distance Sales Agreement (“Agreement”) is drafted in accordance with Consumer Protection Law and Distant Contracts Regulation in Turkey. The parties hereto acknowledge and declare to know and understand their obligations and liabilities under this Agreement. Subject matter of this Agreement is the establishment of the parties’ rights and obligations pursuant to related legislation with regard to the sales and delivery of the Goods ordered by the Buyer from the website with domain name; www.happy-nes.com (“Website”). The execution of this Agreement shall not preclude the performance of the provisions of Platform membership agreements the parties have executed and the parties accept and declare that the principles set out in such agreements shall be applied to the delivery of the respective Service.
ARTICLE 3 –PRICE OF THE GOOD AND SUBJECT MATTER OF
THE AGREEMENT
Product Name
Units Unit Price / USD/EURO
Unit Discount (if any)
VAT Total Amount incl. VAT
Shipment Details and Price:
The declared prices and commitments are valid until any update or change. The prices declared to be valid for a fixed term, shall be valid until the end of the respective term. Total Amount of the Product: VAT incl. XXX USD/EURO Payment Method and Schedule: Single payment or xx installments with credit card ARTICLE 4 - DELIVERY AND DELIVERY METHOD OF THE GOOD Delivery Terms: the delivery shall be made pursuant to the cargo terms that are shown in the Product information page and shall vary in accordance with your delivery address country. ARTICLE 5 - REPRESENTATIONS AND WARRANTIES The Buyer declares to have read and to be familiar with the preliminary information available on the Website regarding the essential features, sales price and payment method as well as the delivery and cargo fee as uploaded by the Seller and to have given the required confirmation online. The Buyer can communicate its further requests and complaints as a consumer to the Seller using the contact details specified above and/or via the channels provided by the Website. The Buyer, by confirming this Agreement and any other informative form electronically, shall also be deemed to have confirmed that it has obtained true, correct and accurate information that must be provided by the Seller prior to the execution of distant contracts, such as address, essential features of the ordered products, the VAT included prices of the products, payment and delivery and delivery price. If the respective bank or financial institution does not pay the Product price to the Seller due to the use of the Buyer’s credit card by unauthorized persons after the delivery of the Product in a wrongful or unlawful way not arising from the omission of the Buyer, the Buyer shall be obliged to return the Good, only if delivered to it, within 3 (three) days to the Seller.
Pursuant to the related Consumer Legislation, the Seller shall be liable for the delivery of the Good constituting the subject matter of the Agreement, as promised according to the features specified in the order and along with warranty certificates and user manuals, if any. Should the Seller fail to deliver the product on time based on force majeure or exceptional circumstances hindering the shipment, the Seller shall be obliged to notify the Buyer within 3 (three) business days as of the date it becomes aware of such circumstance. If the Good is delivered to any person other than the Buyer, who is authorized by the Buyer as the deliveree, the Seller shall be deemed to fulfill his delivery obligation.
ARTICLE 6 - RIGHT OF WITHDRAWAL & RETURNS According to the relevant Legislation, you have a 14 days cooling off period and you can return the Product within 14 days unless it is damaged and/or broken. You can only return these Products, if they are faulty. We shall refund the paid amount within 14 days, howewer the delays may occur depending our your card bank. All changes are subject to our sole discretion and we reserve our right to decline. However, hygienic products, like earpods, masks and/or the Products that are tailor-made designed for the Buyer and the Products which their value is changeable like gold, silver are exempted and withdrawal is not possible. You can ask for change and we may accept it. If we accept your request to change, you should to pay the price difference if any in advance. ARTICLE 7- SETTLEMENT OF DISPUTES All disputes shall be settled between the Buyer and the Seller in good faith. All claims must be directed to Seller via e-mail and shall be handled by the Seller within 30 days, after the receipt. If the Buyer shall not be satisfied with the solution, he/she can seek legal compensation at Turkish Consumer Tribunals and Courts pursuant to the relevant consumer protection laws. ARTICLE 8 - PRICE OF THE GOOD The final price of the Product, albeit indicated on the product pages and order form, shall be the price appearing in the information mail sent at the end of the order and in the invoice content sent with the product. The discounts, coupons, cargo fee etc. shall be reflected in the sales price. ARTICLE 9 – DEFAULT ANT ITS LEGAL CONSEQUENCES
If the buyer goes into default in the transactions it carried out by credit card, the buyer shall pay interest pursuant to the credit card agreement the issuing bank of the credit card made with the buyer and shall be accountable to the bank. In this case, the respective bank may take legal actions; may request the costs and counsel’s fee to be incurred by it from the Buyer and under all circumstances, should the bank go into default due to the liability of the Buyer, the Buyer shall be liable for the loss and damage incurred by the Seller due to the delayed performance of the liability by the Buyer. ARTICLE 10 – NOTIFICATIONS & EVIDENCE Under this Agreement, any kind of correspondence to be made between the Parties, except for the force majeure specified in the legislation shall be made vie e-mail. The Buyer accepts, declares and guarantees that in the disputes that might arise from this Agreement, the official books and trade records of the Seller as well as the electronic data kept in the Buyer’s database, servers and the computer records shall constitute binding, conclusive and exclusive evidence. ARTICLE 11 - VALIDITY This Agreement consisting of 11 (eleven) articles, is read and understood by the Buyer on the date of [xxx- shall be completed dynamically according to the purchase date] and executed digitally with immediate effect by the Buyer. SELLER BUYER xxx
1. PARTIES AND SUBJECT MATTER This Membership Agreement (“Agreement”) is executed by and between; internationalFunction OÜ.. (“iO” or “Company”) resides at; Harju Maakond, Kesklinna linnaosa Viru valjak 2 10111, Tallinn, Estonia, and the real person user becoming a member via the website and/or mobile application (“Member); in order to set out the terms and conditions regarding the use of provided Services and to establish the respective rights and obligations of the Parties. The Member agrees and declares to have read the entire Agreement, to have understood its content in full and to approve all of its provisions. 2. DEFINITIONS Product(s): All products, whether designed by iO or not, made available at the Website, in order to enable the Members to execute their transactions as specified in this Agreement. Member(s): Real persons over 18 years of age, accessing the Websites and whose membership is approved by IO. Website: means the Website or the digital Company that can be accessed through the domain name www.happy-nes.com and/or any sub-domain names, where Happy-Nes provides the Services within the scope specified herein. Mobile Application (when needed): The software that the members may need to download to their mobile phones from the digital source conforming with the mobile phone software in order to make use of the Website. Member Page: Member-exclusive webpage where the member may carry out certain transactions in order to make use of various applications, Product details available on the Website and enter its personal details, which can be accessed by means of a username and password specified by the Member. 3. RIGHTS AND OBLIGATIONS 3.1 In order to gain a member status, the User, who is older than 18 years and willing to be a member, is required to approve the Membership Agreement available on the Website; to complete it with true and authentic information in line with the information requested on the membership form and the membership application of the User must be evaluated and approved by the Company. The Membership status becomes effective when the approval procedure is completed and notified to the user via e-mail and by this way, the Member becomes eligible to rights and undertakes the obligations set out somewhere else in this Agreement and applicable parts of the Website. The User and the Member shall be personally liable for all damages that might arise due to provision of misinformation that are not meeting the membership requirements. 3.2 Membership rights and obligations are exclusively personal to the person whose membership is approved only and the Member may in no event assign or transfer its such rights and obligations to any third party in part or in full. In case of a dispute regarding whom the membership rights and obligations belong to and if the said individuals assert claims and rights from the Company in this respect, the Company shall be entitled to make identity checks or individual interviews, to carry out any investigation necessary to arrive at a decision; and shall reach a final decision so as to accept only one individual’s ownership of the respective account’s rights and obligations and take actions accordingly. In such a case the Company shall not be liable for any damages or losses on 3 rd parties. 3.3 The Member agrees and represents that in case he is willing to launch his membership and/or purchasing process over the Website or Application, he shall be obliged to fulfil all necessary legal obligations and procedures, including those ones set out in the Website; that the Company shall be under no obligation in connection with the failure to perform the said liabilities and procedures. The Member shall be liable for all losses that may be suffered by the Company in connection with his payment for the use of Services and moreover he shall pay all losses that may arise from potential claims from Banks and cardholders and that are attributable to payment systems upon first request and along with all accessories. 3.4. The Member, agrees and undertakes that such information, contents and ads to be uploaded by itself to the Website shall be true and lawful, and not be unlawful or unethical or shall not be intended to defame, disparage, discredit, libel, swear, threaten or harass; that the publication of such information and contents shall not cause any breach of the law in line with the applicable legislation; that it shall not cause the violation of any rights. Legal-penal liability in any situation or transaction shall be borne by him. 3.5 The right to process any and all personal data that the Member shares over the membership account shall belong to the Company provided that all legal consents shall have been obtained. All the personal data shall be treated on high privacy basis. However, upon a request from the competent authorities pursuant to the applicable legislation, the Company shall share the membership details available with the relevant competent authorities. Such information may be disclosed to any party to any potential dispute that may arise as between the members and such disclosure shall be strictly limited to the purpose of allowing other users to exercise their statutory rights. 3.6 Certain user name and password details that the member shall need to have access to the Membership Page and to carry out certain transactions shall be created by the Member and the security and confidentiality of the said details shall be his full liability. The Member agrees, represents and undertakes that any transaction executed by using his user name and password shall be deemed to have been executed by him, that the liability arising from such transactions shall be borne by him in advance; that he shall not raise any objection and/ or plea that such transactions have not been committed by him and/ or he shall not avoid the fulfilment of his obligations based on such plea or objection. 3.7. The Company is the sole owner of all contents posted and available on the Website and it shall not permit or consent to any unlawful use thereof, including, in particular, any and all uses mentioned below, and the acquisition, reproduction, process and use of the contents or the insertion of any link to such contents. The use of the Website by the Member or a third party to create, control, update or change a database, record or guideline that belongs to the Buyer or a third party; The use of the Website in its entirety or any part thereof for violation, modification or reverse engineering purposes;
Execution of transactions by using wrong information or the details of another user; creation of fake user accounts by providing wrong or misleading personal data, place of residence, e-mail address, contact, payment or account details, and the use of Website over these accounts in an unlawful manner and beyond the use of terms hereof or membership agreement or annexes or their scope; the unauthorized use of any other user’s account; creating accounts or becoming a party to transactions by using a false name or by pretending to be someone else; The use of the Website for any unlawful purpose or for fraudulent transactions, The use, reproduction, change, transmission or replacement of the Website content or the contents of any third party in its entirety or any part thereof without any permission as the same may be under the protection of law or may be copyrighted, including personal confidentiality or broadcast/ publication rights; Manipulation of the price of any transaction or intervention with the transactions of other users; Use of comments, reply or rating features for any reason beyond their intended purpose or purposes beyond Website (publication of details of an Event on the Website or any Member comments outside the Website etc.) Distribution of chain letters or spam; Transmission of any virus, malware or other damaging technology for the Website, its database or any content on the Website; Collection of any information of Users or Members, like their e-mail addresses, without any permission; Attempts to have access to the Website in a manner that poses unreasonably or disproportionally large loads on the communications and technical systems designated by the Website or that somehow blocks, ceases, disrupts, spoils or modifies them in any manner; Use of “screen scraping” software or systems such as automatic programs, robots, web crawlers, spiders, data mining or data crawling on the Website without the Company’s prior written consent, and the unauthorized reproduction, publication, broadcast or use of any content on the Website this way; unauthorized use of Website and any contents on it without permission and beyond such limits of use as defined herein is unlawful, and the Company reserves its right to immediately suspend or cancel the membership and to institute any legal proceeding or to make any claim without any fee refund. 3.8 The Company may use store or disclose such “Membership/ Personal” details declared by the Company in line with the Privacy Policy subject to the permission obtained by it for statistical evaluations, advertisement, marketing and other commercial communication operations as designated by it and for the performance of this Agreement and its liabilities hereunder or the execution of the application for running the Website. The Member agrees and represents that he consents the use and storage by the Company of his details this way by means of reproducing the permitted communication text. The Company shall adopt any and all measures necessary to store said information as securely as possible. The Member shall have the right to change or delete his personal data at any time at his sole discretion via Member Page and/or communicating the Company. 3.9 The Member shall log in the Website over his account by using his password and shall be able to visit the Product Pages. Notwithstanding the foregoing, she/he shall fulfil all necessary terms and conditions, including the payment of the service fee, in order to maintain his status and to make use of the Website. In case these terms and conditions are not fulfilled or in any other necessary circumstance that the Company may designate, the membership may be suspended or cancelled. The Company shall be entitled to prevent the grant of membership to the respective person, to suspend or cancel the respective person’s membership, to cancel a purchase and to take any action it deems necessary. 3.10 The connection of the Members to the Website and the time/quality downloads may vary depending on their connection speeds. This may affect the Member’s performance, but the Company under no circumstance shall be liable in this regard. Fees and additional costs arising from any connection for any Member’s device shall be borne by the Member. 3.11 The terms and conditions for the use of Website shall be regularly announced on the Website and such terms and conditions may be changed when deemed necessary by being published on the Website. The Member, throughout their Membership relation shall be obliged to follow and regard such rules/terms via Website. 3.12 The Membership may be cancelled at any time by means of an e-mail titled “Termination of Membership” to be sent through the Membership Page or to the contact address available on the Website. However, the cancellation may become effective a subject to the Company’s approval in certain cases. If in the meantime the request for removal from the communication list is submitted, within 3 Business Days, the communications with announcements and sales contents as well shall be announced separately. With respect to the purchased Services, any transmissions compulsory as per the legislation are exempt from this provision. 4. INTELLECTUAL PROPERTY RIGHTS The Member may not resell, share, distribute, exhibit, reproduce the services provided over the Website, or the Company details or the Company’s copyrighted works, the visuals of other Members provided nor may it allow other parties to have access to or to use them; otherwise, he shall be responsible to indemnify and cover any and all other liabilities including but not limited to court expenses and attorney’s fee along with such amount of compensation asked from the Company on account of the losses suffered by third parties, including but not limited to, the licensors. The rights of the Company for all of its assets, real and personal rights, commercial data and know-how including any tangible and intellectual property rights it possesses through the software it shall provide for all the Services, commercial knowledge, copyrighted works, Company’s trademarks, trade dressing or Website are reserved and may not be used without permission. 5. AMENDMENTS AND TERMINATION The Company may unilaterally amend this Agreement at its sole discretion by publishing it on the Website at any time acceptable to it. Amended provisions of this Agreement shall become effective on the date of their publication while the remaining provisions shall remain fully in force and continue to yield the applicable consequences. This Agreement may not be amended by the unilateral statement of the Member; however, the Member may exercise his termination right at any time after the amendment of agreement in line with the rules for termination. The Company may cancel the Membership and may terminate this Agreement at any time with immediate effect without giving forth any just cause and subject to its rights set out herein. 6. EFFECTS OF THE FORCE MAJEUR In all circumstances that are considered to be force major events legally, the Company shall not be responsible to underperform or not to perform any of its obligations set out herein late or at all. Any late or incomplete performance in case of a force major event shall not be considered a non-performance or an event of default, or the Member shall not have the right to claim any right or compensation under any name against Company in such circumstances. The term “force major event” shall refer to any event that is beyond the reasonable control of Company and that cannot be avoided in spite of the necessary due care and diligence, including but not limited to God’s acts, riots, state of war, strike, cyber-attacks, pandemics, communication troubles origination from service providers and access issues, technical infrastructure and Internet breakdowns or malfunctions, system improvement or upgrade works and related malfunctions, power shortage and extreme weather conditions. 7. APPLICABLE LAW AND JURISDICTION Turkish law shall be applicable to the governance, interpretation and performance of this Agreement and all other legal matters hereunder. The Central Courts and Execution Offices of Istanbul shall have sole jurisdiction over any present or future disputes that may arise from the scope of this Agreement. 8. VALIDITY OF RECORDS The Member agrees, represents and undertakes that all electronic and system records and commercial records as well as book records, microfilms and microfiches and computer records maintained at the Company’s Website and its servers shall constitute valid, binding, conclusive and exclusive evidence in case of any dispute that may arise from the Agreement. 9. SEVERABILITY In case any provision or term hereof becomes invalid or unlawful or unenforceable, this shall not affect the validity or effectiveness of the remaining provisions of the Agreement. 10. NOTICES The Members shall be contacted by means of e-mail address/mobile phone numbers they provide during registration, in line with the Privacy & Cookie Policy that is published on the Website. Correspondence via e-mail shall replace the written communication. The Member shall be liable to keep all of their contact details up-to-date and to regularly control the Website for information purposes. The Member agrees, declares and undertakes that as of its membership date, she/he hereby approves the on-line agreement electronically and that it shall remain to be binding hereof during the whole term of the Membership.
