- PARTIES
This Agreement (“Agreement”); Nida Kule Ataşehir Nida Kule, Barbaros Mahallesi, Begonya Sok. No:1/2 B265 Batı Ataşehir/ Ataşehir / İstanbul / Türkiye; resident at; Espoir Suisse Health Products Marketing Inc. (“ESPOIR”) with; It is concluded between the website user who becomes a member of the “Website” or “Platform” by accepting the following terms or the user who becomes a member from the applications installed on mobile devices (“Member”), to determine the conditions for the Member to benefit from the Services offered by Espoir.
ESPOIR and the Member will be referred to individually as “Party” and jointly as “Parties” in this Membership Agreement.
PURPOSE AND SCOPE OF THE MEMBERSHIP AGREEMENT
2.1. ESPOIR operates its own proprietary online electronic commerce platform named www.dpoir-beaute.com and offers Members a shopping service on a virtual platform. ESPOIR is not the seller of any product or service on the Website and is an intermediary service provider within the scope of the Law on the Regulation of Electronic Commerce No. 6563 and a “Location Provider” within the scope of other relevant legislation.
2.2. Pursuant to this Membership Agreement, the Member wishes to become a member of the Virtual Platform managed by ESPOIR, benefit from the information on the Website and purchase the products and/or services sold on this platform.
2.3. The purpose of this Membership Agreement is to determine the conditions for Members to benefit from the Services offered by ESPOIR or the business partner designated by ESPOIR on the Website and to determine the rights and obligations of the Parties accordingly. With the acceptance of this Membership Agreement by the Member, the Member accepts, declares and accepts all kinds of statements regarding the Services, usage, content, applications, Members and users offered by ESPOIR that are and will be included in the Platform. commits.
2.4. For the avoidance of doubt, this Membership Agreement is solely between the Parties and covers the forms and conditions for the Services offered by ESPOIR to the Member. Members will be able to assert their rights regarding their purchases within the framework of other legislation, especially the Consumer Protection Law No. 6502, after the purchase.
DEFINITIONS
Privacy Policy and Data Protection Notice; It refers to the text that regulates the general privacy policy regarding personal data and the use of cookies, including issues such as for what purposes and in what way ESPOIR will use the personal data submitted by Members through the Platform, and which can be accessed through the Platform. My Account Page: Member’s Website It refers to the Member-specific page, which can be accessed only with the username and password determined by the relevant Member, where he/she can perform the necessary transactions in order to benefit from various applications and Services available on , enter his/her personal information and the information requested on an application basis. Services: Members’ It refers to the practices put forward by ESPOIR in order to enable them to carry out the work and transactions defined in this Membership Agreement. Member: Real person who becomes a member of the Platform within the scope of this Membership Agreement with ESPOIR and purchases the products and/or services offered for sale through the advertisements placed on the Website. It refers to the person.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. In order to gain membership status, the user who wants to become a Member must approve this Membership Agreement on the Website, fill in the information requested here with accurate and up-to-date information, and the Membership application must be evaluated and approved by ESPOIR. The user who wants to become a member must be over 18 (eighteen) years of age. Once the approval process is completed and notified to the Member, the Membership status begins and the Member thus gains the rights and obligations specified in this Membership Agreement and in the relevant parts of the Website. The Member who does not provide accurate and up-to-date information when filling out the Membership Agreement in question is personally responsible for all damages that may arise for this reason. The Member has the right to terminate his/her Membership status at any time by providing information.
4.2. If there is a dispute as to which person the Membership rights and obligations belong to and if such persons make a request from ESPOIR in this regard, we accept that the last person who paid ESPOIR for any Service using the relevant Membership account is the owner of the Membership account and take action accordingly. will do. In such a case, ESPOIR reserves the right to act independently of the rule specified in this Article 4 in line with Membership information, Member transactions and similar information.
4.3. If the Member wishes to initiate any legal action or purchasing process regarding the advertisements viewed on the Platform, he/she is obliged to fulfill all necessary legal obligations and legal procedures, including those on the Website, and that he/she has no liability whatsoever regarding such obligations and procedures. acknowledges and declares that he/she has no knowledge or responsibility.
4.4. The Member declares that he/she accepts that he/she will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Website, the applicable legislation and the rules of ethics in the transactions he/she carries out on the Website and in the comments and correspondence he/she makes. Legal and criminal liability for the transactions and actions carried out by the Member within the Website belongs to him/her.
4.5. ESPOIR will have the right to use the Member’s comments/opinions and any content they provide, without limitation of time and medium. In addition, it may unilaterally remove any content provided by the Member, including these comments and correspondence, from publication without notice, if it deems it harmful or contrary to legislation.
4.6. ESPOIR may share the Member’s information with the authorities upon request by the competent authorities in accordance with the applicable legislation.
4.7. Personal data received from Members during membership to the Website and/or during shopping, in disputes between Members and/or Sellers on matters that may constitute a crime within the meaning of the Turkish Penal Code, such as forgery, fraud, abuse of the Website, and limited to the requested subject only. may be forwarded to other Members and/or Sellers who may be parties to the dispute, in order for the parties to exercise their legal rights and only within this scope.
4.8. The username and password information required by the Member to access the My Account Page and perform transactions on the Platform are created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The member acknowledges that the transactions carried out with his/her username and password have been carried out by him/her, that the responsibility arising from these transactions belongs to him in advance, and that he cannot raise any defense and/or objection that he did not carry out the works and transactions carried out in this way, and/or It accepts, declares and undertakes that it will not refrain from fulfilling its obligations based on objection or objection.
4.9. The Member will not use the Website in a manner contrary to law or morality, especially in the cases listed below.
Using the Website to create, control, update or change a database, record or directory on behalf of any person; • Using the whole or part of the Website for the purpose of disrupting, changing or reverse engineering; • Incorrect information or information of another person creating unreal Membership accounts by using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information, and using these accounts contrary to the Membership Agreement or applicable legislation, Unauthorized use of the Member’s account, impersonating someone else or becoming a party or participant in transactions under a false name; • Comment and scoring systems; Using it for purposes other than the Website, such as publishing comments on the Website outside the Website, or using it in a way that manipulates systems; • Spreading viruses or any other technology that may damage the Website, the Website’s database, or any content on the Website. ;• Collecting any information about Members or Sellers, including e-mail addresses, without the consent of the relevant persons;• Carrying out activities that will create unreasonable or disproportionately large loads on the communications and technical systems determined by the Website or that may damage 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 prior written permission and thus removing all content on the Website or copying, publishing or using any part of it without permission.
4.10. The Member is obliged to carry out the transactions made on the Website in a way that does not cause any technical damage to the Platform. The Member shall not use any programs, viruses, software, unlicensed products, trojan horses, etc. that may harm the Platform. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products to prevent it from occurring. The Member also agrees that he/she will not access the Account Page using robot or automatic login methods.
4.11. It is unlawful to use the Platform or the content on it contrary to the terms of use specified in this Membership Agreement or the provisions of the applicable legislation; ESPOIR reserves the right to request, sue and pursue.
- PRIVACY AND DATA PROTECTION
5.1. ESPOIR attaches importance to the processing, security and protection of the personal data provided by the Member through the Platform in order to benefit from the Services offered on the Platform, in accordance with all legislation, including the Personal Data Protection Law No. 6698. In this context, ESPOIR may collect, use, transfer and otherwise process the personal data provided by the Member in accordance with the Privacy Policy on the Platform. The Privacy Policy is an integral part of this Membership Agreement.
5.2. By using the Services and/or creating an account, the Member expressly and freely consents to the collection, use, transfer and other processing of his personal data as specified in the Privacy Policy. For more information about the conditions regarding the use of personal data and your rights in this regard, you can review our Privacy Policy and exercise your rights by sending an e-mail to the e-mail address on the Platform.
5.3. Personal data declared by the Member to the Website and consented to be shared; ESPOIR for the purpose of fulfilling the obligations determined by this Membership Agreement, carrying out the applications required for the operation of the Website, providing and offering various advantages for the Member and carrying out Member-specific advertising, sales, marketing, surveys, all kinds of electronic communication, profiling and statistical studies for similar purposes. or by business partners in accordance with the Privacy Policy, and may be shared with third parties based on our contractual relationships.
5.4. The Member accepts and declares that he/she consents to the use and storage of his/her personal data by ESPOIR in this way. ESPOIR states that the personal data in question is processed according to Law No. 6698 on the Protection of Personal Data. In accordance with Article 12, all necessary measures will be taken to ensure safe storage and to prevent unauthorized access and unlawful data processing. On member personal data, Personal Data Protection Law No. 6698, art. 11 and has the right to change or update this data at any time.
INTELLECTUAL PROPERTY RIGHTS
6.1. The “ESPOIR” brand and logo and the design, software, domain name of the Website and all kinds of brands, designs, logos, trade dress, slogans and all other content created by ESPOIR regarding them are its own property with all intellectual property rights. The Member cannot use, share, distribute, exhibit, reproduce or create derivative works of intellectual property rights owned by ESPOIR or its affiliates without written permission. The Member cannot use the whole or part of the mobile application or the Website in any other environment without the written permission of ESPOIR. If the Member acts in a way that violates the intellectual property rights of third parties or ESPOIR, the Member is obliged to compensate all direct and indirect damages and expenses of ESPOIR and/or the third party in question.
CONTRACT CHANGES
7.1. ESPOIR, at its sole discretion, unilaterally declares this Membership Agreement and all kinds of policies, terms and conditions, including the Privacy Policy on the Platform, on the Website at any time it deems appropriate, provided that it is not contrary to the provisions of the applicable legislation. can change to . The changed provisions of this Membership Agreement will become valid on the date they are announced on the Website, and the remaining provisions will remain in force and continue to produce their provisions and results. For the avoidance of doubt, this Membership Agreement cannot be changed unilaterally by the Member.
- FORCE MAJEURE
8.1. Uprising, embargo, state intervention, rebellion, occupation, war, mobilization, strike, lockout, labor actions or boycotts, including employee-employer disputes, cyber attack, communication problems, infrastructure and internet failures, system-related improvement or renewal works and these Failures that may occur due to power failure, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events that occur beyond ESPOIR’s control, are not caused by its fault and cannot be reasonably foreseen (“Force Majeure”) ESPOIR’s If it prevents or delays the fulfillment of its obligations arising from this Membership Agreement, ESPOIR cannot be held responsible for its obligations whose performance is prevented or delayed as a result of Force Majeure and this situation cannot be considered a violation of this Membership Agreement. - MISCELLANEOUS PROVISIONS
9.1. Evidence contract; The Member acknowledges that, in case of disputes that may arise from this Membership Agreement, ESPOIR’s official books and commercial records, e-archive records kept in its database and servers, electronic information and computer records will constitute binding, definitive and exclusive evidence and that this article shall be subject to Civil Procedure No. 6100. It accepts that it has the nature of an evidentiary contract within the meaning of Article 193 of the Law.
9.2. Applicable Law and Dispute Resolution; This Membership Agreement will be exclusively subject to the laws of the Republic of Türkiye. Any dispute arising from or in connection with this Membership Agreement will be under the exclusive jurisdiction of Istanbul Consumer Arbitration Committees and Istanbul (Çağlayan) Courts and Enforcement Offices.
9.3. Notification; ESPOIR will communicate with the Member via the e-mail address provided by the Member when registering or by calling and sending SMS to the phone number. The member is responsible for keeping their e-mail address and telephone number up to date.
9.4. Integrity and Severability of the Membership Agreement; This Membership Agreement constitutes the entire agreement between the Parties regarding the subject. If any provision of this Membership Agreement is determined to be wholly or partially invalid, unenforceable or unreasonable by any competent court, arbitration tribunal or administrative authority, this Membership Agreement will be deemed severable to the extent of such invalidity, unenforceability or unreasonableness and Other provisions will remain in full force and effect.
9.5. Transfer of Membership Agreement; The Member will not be able to assign its rights or obligations in this Membership Agreement in whole or in part without obtaining the prior written consent of ESPOIR.
9.6. Amendment and Waiver; Failure of a Party to exercise or enforce any right granted to it in the Membership Agreement will not mean that it has waived that right or will not prevent the subsequent use or enforcement of that right.
This Membership Agreement, consisting of 9 (nine) articles, has entered into force as of the moment it is approved by the Member, by reading and fully understanding each provision and approving it electronically.