MEMBERSHIP AGREEMENT

1. PARTIES:
This Buyer Membership Agreement ("Buyer Agreement") is between Nefelistore, located at Yenibosna Merkez Mahallesi Değirmenbahçe Caddesi No:34 ZK:03 Starcity Alışveriş Merkezi BAHÇELİEVLER / İSTANBUL, and the Buyer, who is a member of the Website, to determine the services offered by Nefelistore on the Website, the terms and conditions regarding the use of these services by the "Buyer" and to determine the rights and obligations of the parties in this respect.
The Buyer accepts and declares that he/she has read the entire Buyer Agreement, understands its content in its entirety and approves all of its provisions.

2. DEFINITIONS:
Service(s): The applications put forward by "Nefelistore" in order to enable "Buyer" members to carry out the business and transactions defined in this contract.

User / Users: Natural and legal persons accessing the "Website".

Website: The website where "Nefelistore" offers its "Services", the scope of which is defined in this Agreement, which can be accessed from the domain name www.nefelistore.com and subdomains.

Member / Member: Natural and legal persons who are members of the "Website" and benefit from the content, applications and "Services" on the "Website".

Buyer: The natural or legal person "Member" who purchases the goods and/or services offered for sale by the "Seller" on the "Website".

Seller: The legal person "Member" who offers goods and/or services for sale on the "Website".

Virtual Store: The "Service" provided through the "Website", the detailed features of which are specified in the relevant section of the "Website", where "Sellers" may have the opportunity to publish advertisements for multiple goods and/or services provided by them in a section reserved specifically for them and other facilities determined by "Nefelistore".

Member Page: The "Buyer" member-specific page where the "Buyer" can perform the necessary transactions in order to benefit from various applications and "Services" on the "Website", enter his personal information and information requested from him on the basis of the application, and can only be accessed with the username and password determined by the "Buyer".

3. SUBJECT AND SCOPE OF THE CONTRACT:
The subject matter of this agreement is the determination of the services offered by "Nefelistore" on the "Website", the terms and conditions regarding the use of these services by the "Buyer" and the determination of the rights and obligations of the parties in this respect.
The scope of this agreement is to determine the terms and conditions regarding all "Services", applications and content on the "Website" and all kinds of statements regarding the "Services", usage, content, applications, all "Members" and users provided by "Nefelistore" on the "Website" shall be considered as an integral part of this agreement. With the acceptance of this agreement by the "Buyer", the "Buyer" accepts, declares and undertakes that it has accepted all kinds of statements regarding the "Services", use, content, applications, "Members" and users made by "Nefelistore" on the "Website".

4. RIGHTS AND OBLIGATIONS:
4.1. In order to obtain the status of "Buyer", the "User" who wants to become a "Buyer" member must fill in the membership form on the "Website" with real information in accordance with the information requested in the membership form by approving the Nefelistore User Agreement and the membership application must be evaluated and approved by "Nefelistore" and the "User" who wants to become a member must be over 18 years of age if he/she is a real person. Upon completion of the approval process and notification to the Buyer, the status of "Buyer" begins and thus the "Buyer" acquires the rights and obligations specified in the relevant parts of this contract and the "Website". The "User" is personally responsible for all damages that may arise due to the provision of false information that does not meet the membership conditions in accordance with the truth. The rights and obligations of the "Buyer" arise only on the person who applies for "Buyer" and the "Buyer" cannot transfer these rights and obligations to any third party in whole or in part. In the event that there is a dispute as to which natural or legal person owns the rights and obligations of the "Buyer" and such persons make a request to "Nefelistore" in this regard, "Nefelistore" shall accept that the natural or legal person who last paid "Nefelistore" for any "Service" using the relevant membership account has the rights and obligations of the "Buyer" of the relevant membership account and shall act accordingly; in such a case, "Nefelistore" reserves the right to act independently of the rule specified in this article in accordance with membership information, member transactions and similar information.

4.2. The "Buyer" accepts and declares that he/she is obliged to fulfil all necessary legal obligations and legal procedures, including those on the "Website", if he/she wishes to initiate any legal action or purchase process related to the advertisements he/she views on the "Website", and that "Nefelistore" does not have any information and responsibility regarding such obligations and procedures.

4.3. The "Buyer" agrees and declares that the information, content and advertisements uploaded by him/her to the "Website" are accurate and lawful, and that they shall not be of unlawful or immoral nature such as defamation, disparagement, defamatory statements, insults, slander, threats or harassment, accepts and undertakes that the publication of this information and content on the "Website" or the sale and display of the goods and services specified in the advertisements does not create any violation of law in accordance with the legislation in force, does not cause any violation of rights, and that it has all rights and authorisations to publish, offer for sale and sell the goods and services related to the advertisements and content on the internet.

4.4. The "Buyer" declares that in the transactions and correspondence carried out on the "Website" while he/she is in the status of "Member" and "User"; he/she will act in accordance with the provisions of this contract, all terms and conditions specified on the "Website" and the applicable legislation and ethical rules, that he/she is obliged to fulfil the measures and procedural procedures required by the relevant legislation in all transactions carried out by him/her through the "Website" in the capacity of advertiser, seller, taxpayer or similar, and that he/she understands and accepts these rules and conditions. The legal and criminal responsibility for every transaction and action of the "Buyer" within the "Website" belongs to him/her.

4.5. "Nefelistore" will share the information of the "Buyer" with the relevant authorities in case of a request from the competent authorities in accordance with the legislation in force. This information may be transmitted to other users who may be a party to the dispute in order for other users to exercise their legal rights in disputes arising between members and limited to this scope.

4.6. The user name and password information required by the "Buyer" to access the "Buyer Member Profile Page" and to perform some transactions on the "Website" is created by the "Buyer" and the security and confidentiality of such information is the sole responsibility of the "Buyer". The "Buyer" accepts, declares and undertakes that the transactions carried out with the user name and password belonging to him/her have been carried out by him/her, that the responsibility arising from these transactions belongs to him/her in advance, that he/she cannot assert any defence and/or objection that he/she did not carry out the transactions and transactions carried out in this way, and/or that he/she will not refrain from fulfilling his/her obligations based on this defence or objection.

4.7. "Nefelistore" does not authorise or consent to any unlawful use of the "Website" in any manner whatsoever and, in particular, to any use of the "Website" within the scope set out below and to any acquisition, copying, processing, use and linking to the content on the "Website" in whole or in part.

- Use of the "Website" by the "Buyer" or a third party to create, control, update, modify, update or change a database, record or directory belonging to him or another person;

- Use of the whole or any part of the "Website" for the purpose of corruption, modification, reverse engineering;

- Making transactions using false information or using another user's information, creating unreal user accounts by providing false or misleading personal information, residence address, e-mail address, contact, payment and account information, and using the Website illegally through these accounts within or outside the scope of these terms of use or membership agreement and its annexes, using another user's account without permission, becoming a party or participant in transactions or creating an account by replacing someone else or under a false name,
- Use of the Website for any illegal or fraudulent purpose,

- Using, copying, modifying, transmitting or replacing all or part of the copyrighted, legally protected or legally protected content belonging to the "Website" or a third party, including personal privacy and publication rights, without the owner or without permission;

- Manipulating the price of any transaction or interfering with the transactions of other users;

- Using the comment and rating systems for purposes other than the Website and for purposes other than those for which they were intended (such as publishing comments on the Website outside the Website);

- Spread of chain letters or unsolicited e-mail (spam);

- Spread of viruses or any other technology that damages the Website, the Website's database, any content on the Website;- Collecting any information about "Users", including e-mail addresses, without their consent;

- Unreasonable or disproportionately large loads on the communications and technical systems specified by the "Website"...

- Without the prior written consent of "Nefelistore", the use of automatic programmes, robots, web crawlers, spiders, data mining, data crawling, etc. on the "Website". Using "screen scraping" software or systems and in this way copying, publishing, using all or part of any content on the "Website" without permission;

The use of the "Website" and the content on the "Website" outside the limits of use set forth in this Agreement is unlawful; "Nefelistore" reserves its rights to claim, sue and follow-up.

4.9 "Nefelistore" may use, store and share the "Member/Personal" information declared by the "Buyer" to the "Website" on behalf of itself or its business partners in accordance with the Privacy Policy, in order to fulfil its obligations set out in this Agreement and the execution of the applications required for the operation of the "Website" and for statistical evaluations, advertising, marketing and other commercial communication activities determined by itself. The "Buyer" accepts and declares that he/she consents to the use and storage of his/her information by "Nefelistore" in this manner. Nefelistore shall take all necessary measures to ensure that such information is stored securely. The Buyer shall have the right to make changes to his/her personal information at any time. In addition, the Buyer authorises the sharing of his/her personal data with all Nefelistore subsidiaries for the purposes of offering special advantages to him/her and for the notification of all kinds of communication activities for sales, marketing and similar purposes (For detailed information about Nefelistore subsidiaries; www.nefelistore.com).

4.10 The "Buyer" accepts, declares and undertakes that he/she has taken all necessary measures (including the use of necessary anti-virus software) to ensure that any information, content, material or data provided by him/her to the "Website" does not contain any material such as viruses, spyware, malicious software, Trojan horses, etc. that may damage the "Website" or any part thereof.

4.11 "Buyer"; Law No. 6698 on the Protection of Personal Data 10. and 11. In accordance with Articles 10 and 11 of the Law No. 6698 on the Protection of Personal Data, the "Buyer" agrees that he / she can contact [email protected] to obtain information about his / her rights and to exercise his / her rights and to access his / her personal data processed by the Seller at any time from this address, to request information regarding data processing, to learn the purpose of processing his / her personal data and whether they are used in accordance with their purpose, to know the third parties to whom his / her personal data is transferred domestically or abroad, to request correction of his / her personal data in case of incomplete or incorrect processing, to request the deletion or destruction of his / her personal data in case the reasons requiring its processing disappear, although it has been processed in accordance with the provisions of the relevant law, accept, declare and undertake that he/she has been informed by the Seller in this membership agreement that he/she has the right to request that the information regarding the exercise of the right to correction or deletion be notified to Nefelistore affiliates and subsidiaries, companies or domestic and foreign third parties to whom personal data are transferred, to object to the occurrence of a result against his/her person by analysing the processed data exclusively through automated systems, and to demand the compensation of the damage in case of damage due to unlawful processing of personal data.

5. INTELLECTUAL PROPERTY RIGHTS:
The Purchaser may not resell, share, distribute, share, distribute, display, reproduce, create derivative works from, or prepare derivative works of, Nefelistore information and Nefelistore's copyrighted works, or permit anyone else to access or use the services offered through the Website; otherwise, they shall be liable to compensate Nefelistore for any damages claimed by third parties, including but not limited to licensors, and any other liabilities, including but not limited to court costs and attorneys' fees.
Nefelistore reserves all rights in and to all assets, real and personal rights, trade information and know-how, including all material and intellectual property rights of Nefelistore, Nefelistore Services, Nefelistore information, Nefelistore copyrighted works, Nefelistore trademarks, Nefelistore trade dress or any other property or intellectual property rights owned by Nefelistore through the Website.

6. CONTRACT AMENDMENTS:
"Nefelistore" may, at its sole discretion and unilaterally, amend this agreement at any time it deems appropriate by posting it on the "Website". The amended provisions of this agreement shall become effective on the date of their announcement, and the remaining provisions shall remain in full force and effect and shall continue to have their provisions and consequences. This agreement cannot be changed by unilateral declarations of the "Buyer" member.

7. FORCE MAJEURE:
In all cases of force majeure, Nefelistore shall not be liable for late or incomplete performance or non-performance of any of its obligations under this Agreement. In cases of force majeure, no delay, incomplete performance or non-performance or default shall be deemed to have occurred, nor shall the Purchaser be entitled to claim any compensation from Nefelistore under any name whatsoever. The term force majeure shall be construed as unavoidable events beyond Nefelistore's reasonable control and which cannot be prevented despite due diligence, including but not limited to natural disasters, riots, war, strikes, cyber-attacks, communication problems, infrastructure and internet failures, system improvements or upgrades, power outages and bad weather conditions.

8. APPLICABLE LAW AND JURISDICTION:
Turkish Law shall apply in the implementation and interpretation of this agreement and in the management of legal relations arising under this agreement. Istanbul Central Courts and Enforcement Offices are authorised to settle any disputes arising or that may arise from this agreement.

9. VALIDITY OF NEFELISTORE REGISTRATIONS:
"Buyer" accepts, declares and undertakes that the electronic and system records, commercial records, book records, microfilm, microfiche and computer records kept by "Nefelistore" in its database and servers shall constitute valid, binding, conclusive and exclusive evidence in disputes that may arise from this contract, that it releases "Nefelistore" from the oath offer and that this article is an evidence contract within the meaning of Article 193 of the CCP. It accepts, declares and undertakes that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure.

10. INTEGRITY:
The invalidity, illegality and unenforceability of any provision of this agreement or any statement contained in the agreement shall not affect the force and validity of the remaining provisions of the agreement.

11. NOTICE:
Buyers will be contacted via the e-mail they have provided when registering or through the general information on the Website. E-mail communication takes the place of written communication. It is the responsibility of the Buyer to keep the e-mail address up to date and to check the Website regularly for information.


The Buyer accepts, declares and undertakes that as of the date of membership, by approving this contract electronically, it will be bound by the provisions of the contract during its membership.

 

 

 

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