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Memberhip Agreement

To subscribe to the www.penelopebedroom.com website, simply enter our Subscribe section under My Account and fill in the relevant fields. It is important that you complete your member information correctly and fully. Your membership does not indicate that you are under any obligation.

We recommend that you to read all contracts and forms carefully, before purchasing.

 

 

1) Parties

This membership agreement (“Membership Agreement”) is hereby signed between Maya Tekstil San. ve Ticaret Ltd. Şti. (“Maya”) located at Merve Mah. Necip Fazil Cad.N.12 34791 Sancaktepe / Istanbul, and the internet user (“Member”) who is a member of www.penelopebedroom.com (“Site”), to determine the conditions regarding the use of the member services, provided by Maya on the Site.

 

Maya and the Member will be solely referred to as “Party” and conjointly as “parties” in this Membership Agreement.

 

2) The Subject of the Agreement

The subject of this Agreement hereby is to determine the member’s terms of use of www.penelopebedroom.com.website, owned by the Maya Textile San. And Tic. The Ltd. Şti.

 

3) Rights and Obligations of the Parties

3.1.  In order for membership status to be earned, the user who wishes to become a Member must approve this Membership Agreement on the Site and fill in the personal and general information requested herein with the correct and up-to-date information. The Member declares and undertakes that Maya shall immediately compensate for all damages incurred by the fact that this information is inaccurate.

3.2.  The Member’s user name and password information required to access and perform the transactions through the www.penelopebedroom.com Internet Site is created by the Member and the security and privacy of such information is solely under the responsibility of the Member. The Member acknowledges, declares and commits that the actions performed under his own username and password have been carried out by him, that his responsibility for these actions was his own, that he could not proclaim any plea and/or objections in the way that he has not performed the action or actions carried out in this manner, and/or that he/she shall not refrain from fulfilling its obligations based on this plea or objection.

3.3.  The Member agrees and undertakes in advance to comply with the provisions of this Membership Agreement and the provisions of the legal legislation, and not to violate them, in the transactions and correspondence he performs on the www.penelopebedroom.com website. Otherwise, all legal and penal obligations that may arise will bind the Member completely and exclusively.

3.4.  The member shall not use the www.penelopebedroom.com website in a way that violates public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringing on the intellectual and copyright rights of others. In addition, the Member shall not to engage in activities (spam, virus, Trojan horse, etc.) and transactions that prevent or make it difficult for others to use the services.

3.5. The ideas and thoughts declared, written and used by the Members on the www.penelopebedroom.com website are entirely the personal opinions of the Members and bind the opinion holder. These views and thoughts have no interest or connection with Maya. Maya shall not bear any responsibility for the damages that third parties may suffer due to the ideas and opinions expressed by the Member, or the damages that the Member may suffer due to the ideas and opinions declared by the third parties.

3.6. Maya shall not be held liable for the Member data read by unauthorized persons, and for any damage to the Member software and data. The Member has agreed in advance not to claim any compensation from Maya for any damage he may incur due to the use of the www.penelopebedroom.com website.

3.7.  The member agrees not to access or use other internet users' software and data without permission. Otherwise, the legal and penal responsibilities arising from this shall be born to the Member.

3.8. The Member accepts that Maya's official books and commercial records and e-archive records, electronic information and computer records kept in Maya's database and servers shall constitute binding, final and exclusive evidence in disputes that may arise from this Membership Agreement and that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure under the Code of Civil Procedure No.6100.

3.9. The Member shall not be able to assign all or part of his rights or obligations in this Membership Agreement without the prior written consent of Maya.

3.10. The Member who violates one or more of the articles listed in this Membership Agreement hereby, shall be personally liable criminally and legally for this violation, and Maya shall not be held responsible for the legal and penal consequences of these violations. Moreover; Maya reserves the right to claim compensation against the Member for non-compliance with the Membership Agreement, in case the incident is passed to court due to this violation.

3.11. Maya has the right to unilaterally terminate the membership, delete files, documents, and information of the Member when required. The member shall accept this disposition hereby, in advance. In this case, Maya shall bear no responsibility.

3.12. The software and design of the www.penelopebedroom.com website are under the possession of Maya, and the copyright and/or other intellectual property rights regarding these are under the protection of the relevant laws, and they shall not be used, acquired or changed by the Member without permission.

3.13. Some information such as Name and Internet Protocol (IP) address of the Internet service provider used by Maya for the improvement and development of the website www.penelopebedroom.com and/or to access the website within the framework of legal regulations, the date and time the website was accessed, the location on the website, the pages accessed in the queue and the Internet address of the Web site that allows direct connection to the Site may be accessed.

3.14. Maya may use Members’ personal information while working on the special preferences and interests of its users, in order to provide better service to its users, to improve its products and services, and to facilitate the use of the Site. Maya reserves the right to keep a record of the Member's actions on the www.penelopebedroom.com website.

3.15. The member of the www.penelopebedroom.com website declares and accepts that they allow Maya to offer them product and service promotions, advertisements, campaigns, advantages, surveys and other customer satisfaction practices within the scope of the applications in force and/or to be enforced. The Member declares and accepts that he/she allows the collection, use and archiving of personal and shopping information and shopping and/or consumer behavior information that he/she has given in the past and/or will give in the future while subscribing to the Site and/or in other ways. Unless the member notifies otherwise, he/she declares and accepts that he/she allows the data to be used even when his/her membership ends. The Member declares and accepts that he/she will not claim any direct and/or indirect material and/or moral, negative and/or positive, in short, any damage due to the collection, use, archiving and accessing of the above-mentioned information, and that he will not hold Maya responsible.

3.16. Maya may disclose Member's personal information, when requested as a legal obligation or (a) to act in accordance with legal requirements or to comply with legal proceedings notified to Maya; (b) It may disclose when it believes in good faith that it is necessary to protect and defend the rights and property of Maya and the Site.

3.17. Maya takes measures to ensure that the www.penelopebedroom.com website is free of viruses and similar software. In addition, in order to ensure ultimate security, the user must supply his own virus protection system and provide the necessary protection. In this context, by entering the www.penelopebedroom.com website, the Member is deemed to have accepted that he is responsible for all errors that may occur in his own software and operating systems and their direct or indirect consequences.

3.18. Maya reserves the right to change the content of the Site at any time, change or terminate any service provided to users, or delete user information and data which is stored on the Site.

3.19. Maya can change, update or cancel the terms of the Membership Agreement at any time without the need for prior notice and/or warning in any form or form. Any provision that is changed, updated or repealed will be valid for all Members on the date of publication.

3.20. Maya is authorized to send notification emails and SMS to email addresses registered to the members in accordance with this Membership Agreement, and the Member agrees to be sent notification emails to its electronic mail address and SMS messages to their mobile phone, as soon as he/she acknowledges this Membership Agreement hereby.

3.21. Maya will communicate with the Member via the electronic mail address that the Member reported when registering or by making calls to the phone number and sending an SMS. The member is obliged to keep the email address and phone number up to date.

3.22. This Membership Agreement constitutes the entire agreement between the parties regarding the matter. If any provision of this Membership Agreement is determined by any competent court, arbitration board or administrative office that it is not entirely or partially invalid or impractical or not plausible, such invalidity, In the measure of unenforceability or unreasonable, this Membership Agreement will be considered severable and other provisions will remain in full force.

3.23. Maya’s failure to exercise or exercise any rights granted to the company in the Membership Agreement shall not mean that it has waived such right or will not prevent any further use or execution of such right.

 

4) Intellectual Property Rights

Maya and the website's logo, design, software, domain name of the mobile application and the Website and all kinds of trademarks, designs, logos, trade dress, slogans and all other content created by Maya in relation to these, are protected by the intellectual property rights and all are in possession of Maya. The member shall not use, share, distribute, exhibit, reproduce or make derivative works from the intellectual property rights of Maya without the permission of Maya. The Member shall not use all or part of the Maya mobile application or the Site in any other environment without the permission of Maya. In the event that the Member acts in a way that violates the intellectual property rights of third parties or Maya, the Member is obliged to compensate all direct and indirect damages and expenses of Maya and/or the related third party.

 

5) Force Major

If the Employer-employee 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 failures such as  power outages, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters that may occur due to any reason, or other events that are beyond Maya's control, that are not caused by its fault and cannot be reasonably foreseen ("Force Majeure") by Maya, prevents or delays the performance of its obligations arising from this Membership Agreement, Maya shall not be held responsible for its obligations that are prevented or delayed as a result of Force Majeure, and this shall not be considered as a violation of this Membership Agreement.

 

6) Effectiveness

Membership registration means that the Member has read all the articles in the Membership Agreement and accepted the articles in the Membership Agreement. This Agreement was concluded at the time of the Member's membership and entered into force mutually. Maya, at its sole discretion, declares this Membership Agreement and all kinds of policies, terms and conditions, including Confidentiality and Security on the Site, on the Site at any time it deems appropriate, provided that it is not contrary to the provisions of the current legislation. can change sideways. The amended provisions of this Membership Agreement will become valid on the date they are announced on the Site, and the remaining provisions will remain in effect and continue to have their provisions and consequences. For the avoidance of doubt, this Membership Agreement shall not be changed unilaterally by the Member.

 

7) Termination of the Agreement

This Membership Agreement shall remain in effect until Member ends its membership or is unsubscribed by Maya at any time. Maya may unilaterally terminate the Membership Agreement if it violates any provision of the Member’s Membership Agreement.

 

8) Resolution of Disputes

This Membership Agreement shall be subject to the laws of the Republic of Türkiye. Any conflict arising from or in connection with this Membership Agreement shall be in exclusive jurisdiction of the Istanbul Central Courts and Enforcement Offices.

 

 This Membership Agreement, which consists of 8 (eight) articles, has entered into force by being approved by the Member in electronic environment by reading and fully acknowledging each provision.

Prepared by  T-Soft E-Commerce.