Serintepe Mah. operating on the www.moftbag.com website (hereinafter abbreviated as "Site" in the contract). 4398 St. With YUSUF ZANE AKSOY Personal MOFTBAG (hereinafter abbreviated as "MOFTBAG" ), residing at No: 10 Interior Door No: 2 Bornova/ İZMİR,
It is signed between a member of the www.moftbag.com website and a resident internet user (hereinafter abbreviated as "Member" in the contract) at the address to be specified by him on the membership page.
This Agreement regulates the member's benefit from the services offered by MOFTBAG, products offered for sale, and member-specific privileges in return for the www.moftbag.com website and the specified conditions and fees.
The Member accepts that he/she will be deemed to have accepted all the terms of the Agreement from the moment he/she starts to benefit from the services and these terms will be binding on him/her.
Member's Rights and Obligations
- MOFTBAG is a site open to everyone who is a member of the Site. Services provided on the site are free of charge.
- The Member accepts, declares and undertakes that he/she will act in accordance with all the terms in the Agreement and the rules specified in the relevant parts of the Site while using the Site.
- While benefiting from the services offered on the Site, the Member shall comply with the provisions of the Code of Obligations, the Turkish Penal Code, the Turkish Commercial Code, the Law on Intellectual and Artistic Works, the Protection of Trademark and Patent Rights, the Law on the Protection of Personal Data, and the related Law, Decree-Laws and other relevant legislation. It agrees to comply with all kinds of announcements and notifications to be published by MOFTBAG regarding its services. All legal, penal and financial responsibilities that may arise due to these notifications and unlawful use belong to the Member.
- The Member is obliged to cover all kinds of damages that MOFTBAG will suffer due to the act contrary to its obligations under this Agreement; MOFTBAG has the right of recourse to the Member for any compensation, administrative/judicial fines that the Member may have to pay to public institutions and/or third parties due to the Member's behavior contrary to the Agreement.
- The member cannot take actions that prevent or make it difficult for other members and visitors to use the Site; cannot load and lock servers or databases with automated programs, or attempt to mislead data; otherwise, his membership will be terminated and he will assume all legal and criminal liability that may arise from this situation.
- Any record of the membership account terminated by MOFTBAG or the Member himself may be kept by MOFTBAG subject to the conditions stipulated by the Law on Protection of Personal Data. MOFTBAG is free to delete such records from the moment the membership ends. The member cannot claim any right or compensation regarding the deleted records. However, the Member's right to be informed about his/her personal data is reserved.
- The Member declares and undertakes that the personal and other information provided while registering or shopping on the Site is correct and up-to-date, and that if this information is not correct or up-to-date, he will fully and promptly indemnify MOFTBAG for all losses incurred due to this.
- The risks related to the links (links to different websites) on the Site for the purpose of providing information and convenience to the visitors belong to the Member.
- The visual and textual content presented on the Site is for personal use. All rights of all texts, graphics, photos, videos, animations and sounds in the content of the Site are reserved; Unless otherwise stated, it cannot be used for commercial or personal purposes without permission and reference. It is forbidden to publish or link any element of the Site in another medium or website without the permission of MOFTBAG. MOFTBAG reserves the right to take legal and penal remedies regarding member actions within this scope.
- The Member may not use, resell, share, distribute, exhibit, reproduce, process, create derivative works from, or prepare, in any way, the copyrighted works of MOFTBAG on the Site. Otherwise, the Member is responsible for all damages incurred by MOFTBAG.
- It is strictly forbidden to copy or use the software used in the design of the pages and in the creation of the database and all rights belong to MOFTBAG.
- The Member cannot delete or remove the notes under the copyright, trademark and Law on Intellectual and Artistic Works from any material copied from the Site or printed with a printer.
Rights and Obligations of MOFTBAG
- In the following cases, MOFTBAG has the right to cancel the said transactions, to stop the use of the Member, to terminate the Member's membership, to terminate this Agreement unilaterally immediately, in addition to all its rights arising from the law:
(a) In the event that information that contains incorrect, irregular, incomplete and misleading information, statements that do not comply with the general moral rules and does not comply with the laws of the Republic of Turkey, is recorded on the Site,
(b) In case of partial or complete copying of the works and data on the Site, or attempts to be used,
(c) In the event that information such as username and password given to the Members by MOFTBAG or that they have determined, their usage rights are shared with third parties, the Member is directly responsible for the malicious use of his password by other persons. Likewise, the Member cannot use someone else's IP address, e-mail address, user name and other information on the internet, and cannot access or use other Members' private information without permission. Any legal and penal liability that may arise due to such use belongs to the member.
(d) In case of using software that will threaten the general security of the Site, preventing the operation of the Site and the software used, performing activities, trying to be done and obtaining, deleting or changing information,
(e) MOFTBAG detects misuse of the sales system or the Site in the form of damage to MOFTBAG, providing an unfair advantage, repetitive applications by taking advantage of any deficit (technical etc.) of the member, MOFTBAG campaigns, sales system or the Site. in case,
(f) In case the Member acts in violation of all the terms in the Agreement, the rules specified in the relevant parts of the Site and the applicable legislation, while using the Site or shopping.
- MOFTBAG will not use this data for commercial purposes for any reason other than its activity. This provision does not prevent the transfer of the contract to third parties.
- When the Member uses a credit card to pay the product price for the product purchased through the Site, he/she accepts that the credit card number, expiration date of the credit card, CVV2 code and similar information should be shared with the relevant financial institutions in order to carry out the transaction.
- MOFTBAG has the right to use all information related to membership in connection with its own marketing activities, provided that this information is anonymized, during or after the end of the Agreement, provided that this Agreement and the applicable legal regulations, including the Law on the Protection of Personal Data, are adhered to.
- MOFTBAG guarantees that the Member will benefit from the services subject to the Contract, excluding technical failures, and; The Member undertakes not to share the information shared with third parties except in cases where he/she needs to share with third parties in order to achieve the above-mentioned purposes and legal obligations.
Scope, Duration, Transfer and Enforcement of the Agreement
- The Member is deemed to have undertaken to comply with this Agreement from the moment he/she confirms his/her e-mail address by completing the registration process or receives any service or order using this system. The Agreement will automatically become null and void without the need for any warning, upon termination of membership or the realization of any of the termination conditions listed in the Agreement.
- The Member accepts in advance that if MOFTBAG deems necessary, it may cancel the Site membership and terminate this Membership Agreement, provided that the Member is informed of the reason.
- Canceling the membership and deleting the account can be done by the Member by sending an e-mail to the firstname.lastname@example.org e-mail address. The authorization of the user who terminates his/her membership to use the Site as a Member will be revoked.
- MOFTBAG may make unilateral changes to this Agreement in order to ensure the continuity of the services it undertakes. Provided that the ultimate purpose of the Site and the services offered by MOFTBAG remain basically the same; always has the right to permanently or temporarily stop the service it provides unilaterally, to change the content of the service, including the prices published on the Site, or to cancel it, without giving any reason. MOFTBAG, if deemed necessary, will publish the updated membership terms on the Site with the date update under the same link, and the Member's approval will be obtained when the Member first logs into his account on the Site. The updated membership terms will be valid from the moment they are published on the Site, and the use of the Site or services will be bound to the new membership terms from that moment on.
- In certain parts of the Site, different rules and obligations specific to the relevant section may be determined. The Member using these sections is deemed to have read and accepted the relevant rules.
- The Member irrevocably accepts, declares and undertakes that MOFTBAG may transfer the Agreement to third parties and that it has already authorized the transfer of the Agreement in accordance with Article 205 of the Code of Obligations with this Agreement.
- The validity, interpretation and performance of this Agreement are subject to the laws of the Republic of Turkey and Izmir Courts and Enforcement Offices are authorized to settle any disputes that may arise from the Agreement.
- The most up-to-date e-mail address that the Member has notified or will notify to MOFTBAG is considered the legal notification address for any notification to be made regarding this Agreement.
- The parties agree that if they do not notify the other party of the changes in their current e-mail addresses within 1 week, the notifications to the old e-mail addresses will be valid and will be deemed to have been made to them.
- Any notification made using the Member's registered e-mail address will be deemed to have reached the Member after the e-mail is sent by MOFTBAG.
THE MEMBER REPRESENTS, ACCEPT AND UNDERSTAND THAT HE READ, UNDERSTAND, AGREE AND CONFIRM THE ACCURACY OF THE INFORMATION PROVIDED.