1. PARTIES

• 1.1. This membership agreement ("Membership Agreement") is headquartered in MAHMUTBEY MAH. 2414. SK. NO: 5 İÇ KAPI NO: 125 BAĞCILAR/ İSTANBUL where HUDHUD SHOP TEKSTİL VE GIDA TİCARET LİMİTED ŞİRKETİ is located. It has been concluded between "Hudhud Shop" and the Member ("Member") to determine the conditions for the Member to benefit from the Services offered by Hudhud Shop on the Website.

• 1.2. HUDHUD SHOP and the Member will be referred to separately as the "Party" and jointly as the "Parties" in this Membership Agreement.

2. DEFINITIONS

• Cookie Policy: It is the text that can be accessed by clicking on this link on the Website. It contains information about the cookies used in order to ensure the functional operability of the Website, to improve the shopping experience of the Members and to provide content suitable for the preferences and tastes of the Members depending on the information regarding their visit to the Website.

• Privacy and Protection of Personal Data Policy: It refers to the text that regulates the general privacy policy of Hudhud Shop regarding personal data, including for what purposes and how Hudhud Shop will use the personal data that the Members transmit through the Website. It can be accessed by clicking on this link on the Website.

• My Account Page: It refers to the Member's specific page that can be accessed only by using the username and password determined by the Member himself. It enables the Member perform the necessary actions in order to benefit from the various applications and services on the Website. That member who entered his personal data and information requested from him according to the application he used.

• Service: It refers to the services and applications offered by Hudhud Shop or the business partner determined by Hudhud Shop, in order to enable Members and Visitors to perform the work and transactions defined in this Membership Agreement.

• Virtual Store: It refers to the virtual space that Hudhud Shop has allocated to the sellers on the Website in accordance with Hudhud Shop procedures and rules, and where the sellers have the opportunity to publish their advertisements consisting of content and images of one or more products and/or services intended for sale.

• Seller: It refers to the legal/real member who becomes a member of the Website within the scope of the Vendor Partnership and Advertisement Agreement concluded with Hudhud Shop and offers various products and/or services for sale through the advertisements he/she posts on the account he/she creates on the Website.

• Member: It means the real person who becomes a member of the Website within the scope of this Membership Agreement with Hudhud Shop and purchases the products and/or services offered for sale through the advertisements displayed by the Seller on the Website.

• Website: It refers to the website, mobile applications and mobile site with the domain name www.hudhudshop.com, which is owned by Hudhud Shop and on which Hudhud Shop offers its Services determined by this Agreement.

• Visitor: It refers to the real person who uses the Website without being a Member and benefits from its services.

3. SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT

• 3.1. Hudhud Shop operates the Website and is an intermediary service provider in accordance with the Regulation of Electronic Commerce Law No. 6563.

• 3.2. In accordance with the Membership Agreement, the Member wishes to become a member of the Website, benefit from the services and purchase the products and/or services sold by the Sellers in the Virtual Stores on this platform.

• 3.3. The purpose of the Membership Agreement is to determine the conditions for benefiting from the Services and to determine the rights and obligations of the Parties in this direction. With the acceptance of the Membership Agreement by the Member, the Member declares and undertakes that he/she has accepted all kinds of statements regarding the services, usage, content, applications and Members on the Website.

• 3.4. For the avoidance of doubt, this Membership Agreement is only between the Parties and covers the form and conditions of the services displayed or will be displayed on the Website. The relationship between Members and Sellers is not covered by this Membership Agreement and HUDHUD SHOP is not responsible in any way for the relationship between Members and Sellers. Members will be able to demand their rights against Sellers within the framework of other legislations, particularly the Law on the Protection of the Consumer No. 6502, regarding the operations they will perform through the Virtual Store.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

• 4.1. In order to gain membership status, the Membership Agreement must be approved and the information requested on the membership page must be filled with correct and up-to-date information. The user who wants to become a member must be over 18 (eighteen) years old. The Member, who does not provide accurate and up-to-date information while filling out the Membership Agreement, is personally responsible for all damages that may arise due to this.

• 4.2. In case of dispute to which person the Membership rights and obligations belong to, and in case relevant persons ask HUDHUD SHOP for them, HUDHUD SHOP states that the last person who paid HUDHUD SHOP for any service using the relevant Membership account is the owner of the Membership account, thus he has the right to do operations.

• 4.3. HUDHUD SHOP is not a seller of any product or service on the Website, and only "intermediary service provider" in accordance with the Law No. 6563 of the Regulation of Electronic Commerce and in accordance with the Law No. 5651 of Regulation of Publications made on the Internet and fighting against crimes committed through these publications due to being a "host provider"; It has no responsibility for the content on its website that has not been published by it, and it has no obligation to check whether the content in question is in compliance with the law. Although HUDHUD SHOP has no such obligation and at its sole discretion, HUDHUD SHOP has the right to check the content in question at any time and  disable access and delete it if it deems necessary. Persons violating the rights of HUDHUD SHOP or third parties with any visual, written and other content published on the website are liable to HUDHUD SHOP and/or such third parties.

• 4.4. The Member accepts and declares that in any purchase he will make from any seller over the website, according to the remotely sales contracts which will be concluded, that he is the buyer party and the seller is the seller party, and HUDHUD SHOP is not a party in the mentioned remotely sales contract; therefore, he accepts and declares that only the seller is personally liable in front of him in all respects within the scope of the current consumer law legislation and other legislations. In this context, the Member accepts and declares that only the seller is responsible for the quality of all products exhibited and sold in the Virtual Store, their compliance with the legislation, the issuance of a warranty certificate, invoicing and the delivery of other necessary documents, offering after-sales necessarily needed service etc. and the timely delivery of the services and products.

• 4.5. The Member accepts and declares that he/she will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Website, applicable legislation and ethical rules in the transactions and correspondence he/she performs on the Website. The legal and penal responsibility for the actions and activities taken by the Member on the Website belongs to him.

• 4.6. HUDHUD SHOP, upon the request of the competent authorities and in accordance with the current legislation, and the Law of Personal Data Protection No. 6698, and if necessary upon informing the Member in advance and according to the data transfer rules in all cases, may share the information of the Member with the mentioned authorities.

• 4.7. The person concerned will be able to transmit personal data obtained from the Members during membership and/or shopping on the Website to other Members and/or Sellers who may be a party in a dispute, such as disputes which come from forgery, swindle, misuse of the Website, between the Members and/or Sellers, that may constitute a crime according the meaning of the Turkish Commercial Law No. 6100, and only in the requested subject; in order for the parties to be able to use their legal rights, and in accordance with the Personal Data Protection Law No. 6698, and if necessary, informing the concerned person in advance and according to data transfer rules in all cases.

• 4.8. The user name and password information needed for the Member in order to be able to access the My Account Page and perform transactions over the Website is created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The member accepts, declares and undertakes that the transactions carried out with his/her own username and password have been carried out by him/her, and that he/she is responsible for these transactions in advance, and that he/she cannot claim any objection and/or protest that he/she did not perform the works and transactions carried out in this way, and/or that he/she will not refrain from fulfilling his/her obligations based on the objection.

• 4.9. The Member should not use the Website in an unlawful and unethical manner, especially in the following cases:

• 4.9.1. Using 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, and the use of these accounts in violation of the Membership Agreement or applicable legislation, and unauthorized use of another Member's account, and being a party or participant in transactions by impersonating another person or using a wrong name.

• 4.9.4. Comment and Scoring systems; Use of comments existent inside the website for purposes outside the website such as posting them outside the website, or use of these systems for purposes other than those used to manipulate systems;

• 4.9.5. Spreading a virus or any other technology that harms the Website, the Website's database, or any content on the Website;

• 4.9.6. Collecting any information about Members or Sellers, including e-mail addresses, without the consent of the persons concerned, or engaging in other practices that would constitute a violation pursuant to the Law of Personal Data Protection No. 6698;

• 4.9.7. Engaging in activities that will create unreasonable or disproportionately large uploads on the communications and technical systems determined by the Website, or harm the technical operation, using "screen scraping" software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling on the Website without the prior written consent of HUDHUD SHOP, and in the same way, unauthorized copying, publication or use of any content of the Website completely or partially;

• 4.9.8. The use of the Services, the campaigns and the advantages offered on the Website maliciously and for the purpose of gaining unfair benefits, and violating the campaigns' conditions with malice aforethought.

• 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 way technically. Member accepts and undertakes that he/she has taken all necessary precautions, including using the necessary protection software and licensed products, to prevent any of information, content, materials and other contents that he/she submits to the Website from containing any program, virus, software, unlicensed product, trojan horse, etc. that will harm the system. The Member also agrees that he will not enter the Account Page with robots or automatic login methods.

5. TERMINATION OF THE AGREEMENT

• 5.1. Any of the Parties may terminate this Membership Agreement unilaterally and at any time without compensation. In such a termination, the Parties must mutually fully fulfill their rights and obligations arising up to the date of termination.

• 5.2. HUDHUD SHOP has the right to suspend or terminate the membership, or file a lawsuit and pursue it in case it determines that the Member has violated any article of this Membership Agreement or has a reasonable suspicion regarding this.

6. PRIVACY AND PROTECTION OF PERSONAL DATA

• 6.1. HUDHUD SHOP, in accordance with all kinds of legislation, including the Law on the Protection of Personal Data No. 6698, attaches importance to the processing, security and protection of the personal data provided by the Member through the Website in order to benefit from the Services offered on the Website. In this context, HUDHUD SHOP collects, uses, transfers and processes in the other ways the personal data provided by the Member in accordance with the Privacy and Personal Data Protection Policy and the Cookie Policy found on the Website. The Member can always review the Privacy and Personal Data Protection Policy on the Website in order to obtain more information about the conditions regarding the use of his personal data and his rights in this regard, and he understand that by sending an e-mail to teknik@Hudhud Shopazar.com as specified here, or looking at the other methods specified in the Application Form on the website.

• 6.2. HUDHUD SHOP or its business partners, in accordance with the Privacy and Personal Data Protection Policy and Cookie Policy, collectes, stores and processes personal data shared by the Member to create a Membership on the Website or to benefit from the Website, for the sake of the performance of the obligations determined by the Membership Agreement, the execution of the applications required for the operating of the Website, the provision and presentation of various advantages to the Member or the Visitor, the execution of payment transactions, the delivery of orders, customer services and follow-up of complaints, and the Member-specific advertising, sales, marketing, surveys, all kinds of electronic communications used for similar purposes, profiling, and statistical studies. In addition, these personal data will be shared with the business partners of HUDHUD SHOPAZAR A.Ş. to communicate with the Member, in order to offer special advantages to the Member, and enable him to carry out sales, marketing and similar activities, on the condition of fulfilling of the obligations arising from the Law on Protection of Personal Data No. 6698 and other relevant legislation.

7. INTELLECTUAL PROPERTY RIGHTS

All kinds of property and the rights of intellectual property of Hudhud Shopazar.com brand and logo, domain name of Hudhud Shopazar.com mobile application, website's design and software, all what is related to these things that is created by Hudhud Shop, such as all kinds of trademarks, designs, logos, commercial presentation forms, and all other contents. The member cannot use, share, distribute, exhibit, reproduce or make derivative works of intellectual property rights owned by HUDHUD SHOP or its affiliates without the permission of HUDHUD SHOP. The member cannot use the Hudhud Shopazar.com mobile application or the website wholly or partly in any other environment without the permission of HUDHUD SHOP. In case the Member acts in a way that violates the intellectual property rights of HUDHUD SHOP or third parties, the Member is obliged to compensate all direct and indirect damages and expenses of HUDHUD SHOP and/or the third party in question.

8. CONTRACT CHANGES

HUDHUD SHOP, unilaterally and completely at its sole discretion, may change this Membership Agreement and any policies, terms and conditions, including the Privacy and Personal Data Protection Policy and Cookie Policy found on the Website, at any time it deems appropriate, by posting it on the Website, on the condition that it does not contradicts the provisions of applicable legislation.The amended provisions of this Membership Agreement will become valid on the date they are announced on the Website, and the remaining provisions will remain in effect and continue to have their terms and consequences.For the avoidance of doubt, this Membership Agreement cannot be changed unilaterally by the Member.

9. FORCE MAJEURE

İn cases of employer-employee disputes, including riots, embargoes, government intervention, revolts, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, and also in cases of cyber-attack, communication problems, infrastructure and internet damages, system improvement or renovation works and resulting damages, power cuts, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters or other events beyond HUDHUD SHOP's control, which are not caused by a fault and cannot be reasonably foreseen ("Force Majeure") that prevents or delays the performance of its obligations arising from this Membership Agreement, HUDHUD SHOP 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. MISCELLANEOUS PROVISIONS

• 10.1. Evidence contract: In case of disputes that may arise from this Membership Agreement, the Member agrees that HUDHUD SHOP's official books and commercial records and e-archive records, electronic information, electronic correspondence and computer records kept in HUDHUD SHOP's database and servers will constitute binding, definitive and exclusive evidence and that this article is in the nature of an evidence contract wıth the meaning defined in article 193 of the Code of Civil Procedure No. 6100.

• 10.2. Applicable Law and Dispute Resolution: This Membership Agreement will be governed exclusively by the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement will be under the exclusive jurisdiction of Istanbul Central (Çağlayan) Courts and Excutive Directorates.

• 10.3. Notification: HUDHUD SHOP will communicate with the Member via the e-mail address that the Member has stated while registering, or by calling his 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 about this 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 unapplicable or unreasonable, this Membership Agreement will be deemed severable to the extent that covers such invalidity, unapplicability or unreasonability, while other provisions will remain completely effective.

• 10.5. Transfer of Membership Agreement: The Member cannot assign his/her rights or obligations mentioned in this Membership Agreement, wholly or partly, without a prior written consent of HUDHUD SHOP.

• 10.6. Amendment and relinquishment: The disuse or non-excution of one party for a right granted to him/her in the Membership Agreement does not make a relinquishment to such rıght, neither prevents the future use or excution of it.

 

This Membership Agreement which consists of 10 (ten) articles, and upon being read and each provision being fully understood and approved by the Member in electronic environment, started to be effective.