PARTIES This Membership Agreement (“Agreement”) has been executed by and between Ennush Moda ve Tekstil Ltd. Şti. (“Énnush”) registered at Harbiye Mah. Maçka Cad. Bronz Sok. No: 1 D:10 Başarı apt. Nişantaşı Şişli İstanbul and Member (“Member“), to specify the terms and conditions for Services offered at the Website and to determine how Members will benefit from such Services. Énnush and Member will be referred together as Parties and individually as Party.
My Account Page It means the specific page which can be accessed only by Member with a username and password determined by Member herself and to be used by Member for various applications and transactions to enjoy Services, where Member shares personal data requested for said applications and transactions.
Services mean services offered by Énnush and/or by a partner in collaboration with Énnush so that Members and Visitors may enjoy transactions defined within this Membership Agreement.
Virtual Shop means virtual shop where Énnush’s products are offered for sale online on the Website.
Member means the real person who becomes a member by entering into this Membership Agreement with Énnush.
Visitor means the real person who visits the Website and/or benefit from Services without becoming a Member.
SCOPE AND PURPOUSE OF THE MEMBERSHIP AGREEMENT
3.1. Énnush runs the Website and qualifies as a service provider according to E-Commerce Law no. 6563.
3.2. According to the Membership Agreement, Member is willing to become a member to the Website, use Services and purchase product/s offered for sale at the Website.
3.3. The purpose of the Membership Agreement is to determine terms and conditions for Members on how they will enjoy Services as well as both Parties’ rights and obligations related with Services. Member agrees to be bound by terms and conditions when using Services, applications, content by entering into this Membership Agreement.
3.4. Members have also right to enjoy their rights arising out of Law no. 6502 on Consumer Rights as well as secondary legislation for transactions made at the Website.
RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. It is obligatory for becoming a Member that Members enter into Membership Agreement and fill out the inquiry requested on the membership page with accurate and updated information. Members must be 18 (eighteen) years old or older. Members who do not provide accurate and updated information are responsible for all damages to be occurred as a result of inaccurate and/or outdated information.
4.2. If there is a conflict on a membership account (for instance to whom belongs an account) and in case of an application before Énnush on this conflict, Énnush has the right to assume and accept that the last person who made the last payment for Services using the conflicted membership account is the member and shall act accordingly.
4.3. Énnush has all the rights to always control and change and/or delete and/or freeze the content on the Website anytime. In case of violation of rights by third parties with any sort of content, post, story, media, text, etc. shared at the Website, if and when possible, by third parties, the violating party has to compensate any and all damages because of such violating content to Énnush and/or the damaged persons.
4.4. Member accepts that Member qualifies as a buyer where Énnush qualifies as a seller for purchases on the Website.
4.5. Member accepts that she will follow all applicable laws, regulations, morals, good practices, terms and conditions published on the Website, provisions of the Membership Agreement for all transactions conducted on the Website. All legal and criminal liability is on the member herself for transactions made on the Website.
4.6. Énnush has right to share personal data of members with authorities in charge in accordance with applicable laws and regulations including Law no. 6698 on Data Privacy, and by making necessary notifications to the member.
4.7. Personal data obtained from members for shopping or membership may be transferred to other Member and/or third parties, only if there is a dispute regarding fraud, misuse of the Website, or there is suspect of crimes within the scope of the Turkish Commercial Code no. 6100, for purposes of resolution of dispute, for performance of rights of parties, limited with the disputed subject, and with a prior notice to the data subject in line with data privacy rules.
4.8. The username and password details which are required for Access to “my account page” and for transactions on the Website is created by Member herself, meaning that confidentiality and security of details regarding username and password are within Member’s liability. Member undertakes that transactions conducted by using username and password belong to Member herself, she accepts all liabilities for conducting such transactions, and that she cannot allege/ cannot deny/cannot object that said transactions are not conducted by herself and cannot avoid any of her membership obligations by using such allegations.
4.9. The Member shall not use the Website in an unlawful and unethical manner, especially in the following cases:
4.9.1. Use of the Website for the purpose of creating a database, record or directory on behalf of any person,
4.9.2. Using all or part of the Website for the purpose of disrupting, altering or reverse engineering,
4.9.3. Making transactions using false information or another person’s information, creating unreal membership accounts by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, using said accounts by violating the Membership Agreement or applicable laws and regulations, unauthorized use of another Member’s account, being a party or participant in transactions by impersonating another person or under a wrong name;
4.9.4. Use of comment and scoring systems for non-Website/ out of purposes, such as posting comments on the outside of Website or for purposes to manipulate systems
4.9.5. Spreading a virus or any other harmful technology to the Website, the Website’s database, any content on the Website;
4.9.6. Collecting any information about members, including e-mail addresses, without the consent of the persons concerned, or engaging in other practices that would constitute a violation pursuant to Data Privacy Law no. 6698;
4.9.7. Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by the website or harm technical functioning, using “screen scraping” software or systems such as automated programs, robots, web crawlers, spiders, data mining and data crawling on the Website without the prior written consent of Énnushand by such means unauthorized copying, publication or use of all or part of any content on the Website;
4.9.8. The use of the Services, the campaigns and advantages offered on the Website, for malicious purposes and for the purpose of providing unfair benefits, violating the campaign conditions in bad faith.
4.10. The Member is obliged to carry out the transactions on the Website in a way that does not harm the Website in any technical way. Member accepts and undertakes that she has taken all necessary precautions, including using the necessary protective software and licensed products so that all information, content, material, and other content to be provided to the Website does not contain any program, virus, software, unlicensed product, trojan horse, etc. that will harm the system. The Member also agrees that she will not enter the account page with robots or automatic login methods.
TERMINATION OF THE AGREEMENT
5.1. Each of the Parties may terminate this Membership Agreement unilaterally and without compensation at any time. In such a termination, the Parties are obliged to fulfill their rights and obligations fully arising up to the date of termination.
5.2. Énnush has rights to suspend or terminate membership, to file a court action and execute the decision, in case Énnush detects that the Member has violated any article of this Membership Agreement or has a reasonable suspicion regarding this.
PRIVACY AND PROTECTING PERSONAL DATA
INTELLECTUAL PROPERTY RIGHTS
The Énnush brand and logo, the design, software, domain name of the ennush.com Website and all kinds of trademarks, designs, logos, trade dress, slogans and all other content created by Énnush in relation to these are the property of Énnush and in Énnush’s possession. The Member may not use, share, distribute, display, reproduce or make derivative works from the intellectual property rights of Énnush without the permission of Énnush. The Member may not use the whole or a part of the ennush.com Website in any other medium without the consent of Énnush. In case the Member acts in violation of the intellectual property rights of third parties or Énnush, the Member is obliged to compensate all direct and indirect damages and expenses of Énnush and/or the said third party.
AMENDMENTS ON THE AGREEMENT
If cases such as employer-employer disputes, including riots, embargoes, government intervention, riots, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, cyber-attack, communication problems, infrastructure and internet failures, system improvement or renovation works, and failure, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events beyond Énnush ‘s control, which are not caused by the fault of Énnush and cannot be reasonably foreseen by Énnush (“Force Majeure”) prevents or delays the performance ofÉnnush’s obligations arising from this Membership Agreement, Énnush cannot be held responsible for its obligations that are prevented or delayed as a result of Force Majeure, and this cannot be considered as a violation of this Membership Agreement.
10.1. Evidence Agreement. The Member agrees that in disputes that may arise from this Membership Agreement, Énnush ‘s official books and commercial records and e-archive records, electronic information, electronic correspondence, and computer records kept in Énnush database and servers will constitute binding, conclusive and exclusive evidence and Member further accepts that this article qualifies as an evidence agreement as per article 193 of the Code of Civil Procedure no. 6100.
10.2. Applicable Law and Resolution of Disputes. This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of Istanbul Central (Çağlayan) Courts and Enforcement Offices.
10.3. Notification Énnush will communicate with the Member via the e-mail address that the Member has stated while registering, or by calling the phone number and sending an SMS. The member is obliged to keep his e-mail address and phone number up to date.
10.4. Integrity and Severability of the Membership Agreement. This Membership Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Membership Agreement is determined by any competent court, arbitral tribunal, or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, this Membership Agreement shall be deemed severable to the extent that such invalidity, unenforceability or unreasonability is reached; and other provisions will remain in full force and effect.
10.5. Transfer of Membership Agreement. The Member may not assign, in whole or in part, its rights or obligations under this Membership Agreement without the prior written consent of Énnush.
10.6. Amendment and Waiver. Failure of a Party to exercise or exercise any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the further exercise or enforcement of such right.
Consisting of 10 (ten) articles, this Membership Agreement has entered into force by being approved by the Member in electronic environment after reading and fully understanding each of its provisions.