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MEMBERSHIP AGREEMENT
1. PARTIES
This Membership Agreement (“Agreement”) is entered into between Green Aura Blooms Çiçekçilik ve Seracılık Anonim Şirketi (“GREEN”), the owner of the website www.greenaurablooms.com, located at Esentepe Mah. Kasap Sk. Eser İş Merkezi B Blok No: 18 İç Kapı No: 56 Şişli / İstanbul, and; www.greenaurablooms.com (“Virtual Platform” or “Platform”) and the website user or member who has accepted the following terms and conditions (“Member”) for the purpose of determining the conditions under which the Member may use the Services provided by Green.
GREEN and the Member shall be referred to individually as “Party” and collectively as “Parties” in this Membership Agreement.
2. DEFINITIONS
Personal Data Processing and Protection Policy: | This refers to the text that regulates GREEN’s policy regarding personal data, including the purposes and methods by which GREEN processes personal data transmitted by Members through the Platform, and which can be accessed via the Platform at https://www.greenaurablooms./kvkk-ve-gizlilik-politikasi. |
Information Notice on the Processing of Personal Data: | This refers to the text that explains what personal data Members provide to GREEN when registering on the Platform and while using the Platform, as well as the purposes and methods for which this personal data will be processed. Members can access this text via the “Sign Up” form or the link https://www.greenaurablooms/yeni-uyelik. |
Cookie Policy: | This policy explains the use of cookies placed on the www.greenaurablooms. website when users and Members visit the site, and can be accessed via the link https://www.greenaurablooms./cerez-politikasi. |
My Account Page: | This refers to the Member’s personal page, which can only be accessed with the username and password set by the relevant Member, where the Member can perform the necessary procedures to use the various applications and Services on the Website and enter their personal information and the information requested from them on an application-by-application basis. |
Services: | Refers to the applications developed by GREEN to enable Members to perform the tasks and operations defined in this Membership Agreement. |
Membership: | GREEN refers to the natural person who has become a member of the Platform under this Membership Agreement. |
3. PURPOSE AND SCOPE OF THE MEMBERSHIP AGREEMENT
3.1. Under the Agreement, the Member will be able to follow the transactions made by GREEN on the Platform managed by GREEN as a member of this Platform.
3.2. The purpose of the Agreement is to determine the conditions under which Members may use the Services provided by GREEN on the Website and to establish the rights and obligations of the Parties in this regard. By accepting the Agreement, the Member acknowledges, declares, and undertakes that they accept all statements regarding the Services provided by GREEN on the Platform, their use, content, applications, Members, and users.
3.3. For the avoidance of doubt, the Agreement is solely between the Parties and covers the form and conditions of the Services provided by GREEN to the Member.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. In order to obtain membership status, users who wish to become members must fill in the information requested on the Website accurately and up-to-date, and their membership application must be evaluated and approved by GREEN. Users who wish to become members must be at least 18 (eighteen) years of age. Membership status begins upon completion of the approval process and notification to the Member, thereby granting the Member the rights and obligations specified in this Membership Agreement and in the relevant sections of the Website. Members who fail to provide accurate and up-to-date information when completing this Agreement shall be solely liable for any damages that may arise as a result. The Member has the right to terminate their membership status at any time.
4.2. The membership account shall be used solely by the Member, and the Member agrees, declares, and undertakes not to allow third parties or institutions to use their membership account. All transactions made using the membership account shall be deemed to have been made by the Member.
4.3. If the Member wishes to initiate any legal proceedings regarding the advertisements viewed on the Platform, the Member acknowledges, declares, and undertakes that they are obligated to fulfill all necessary legal obligations and legal procedures, including those on the Website, and that GREEN has no responsibility regarding such obligations and procedures.
4.4. In the event that GREEN is not the seller of any product or service on the Platform, it is only an “Electronic Commerce Intermediary Service Provider” in accordance with Law No. 6563 on the Regulation of Electronic Commerce and, as a “hosting provider” in accordance with Law No. 5651 on the Regulation of Publications Made on the Internet and the Fight Against Crimes Committed Through Such Publications “hosting provider” under the Law No. 5651 on the Regulation of Publications Made on the Internet and the Fight Against Crimes Committed Through Such Publications. Therefore, GREEN is not responsible for the authenticity, reliability, accuracy, or legality of any visual, written, or other content on the Website that it has not published, and it has no obligation to verify the accuracy of such content. Notwithstanding the absence of such an obligation, GREEN reserves the right, at its sole discretion, to verify such content at any time and to block access to or delete it if it deems necessary. Persons who violate the rights of GREEN or third parties through any visual, written, or other content published on the Platform are directly liable for such violations.
4.5. The Member declares that they will act in accordance with the provisions of the Agreement, all conditions specified on the Website, applicable legislation, and ethical rules in the transactions and communications they carry out on the Website, that they will use the Platform in accordance with its purpose, and that they will not engage in any acts that violate the rights of either GREEN or other third parties using the Platform. The Member is solely responsible for any legal or criminal liability arising from the transactions and actions they perform on the Website.
4.6. The username and password required to access the Member’s account and perform transactions on the Platform are created by the Member, and the security and confidentiality of such information are entirely the responsibility of the Member. The Member is obligated to keep the information related to their membership confidential, to take all necessary measures to ensure such confidentiality, to acknowledge that the transactions carried out using their username and password were performed by them, and that the responsibility arising from such transactions is solely theirs, and that they cannot raise any defense or objection that they did not perform such acts and transactions, and/or cannot avoid fulfilling their obligations based on such defense or objection.
4.7. Members shall not use the Website in a manner that is contrary to the law, morality, and GREEN’s policies, including but not limited to the following cases.
- Using the Website to create, control, update, or modify a database, registry, or directory on behalf of any person;
- Using the Website, in whole or in part, for the purpose of damaging, modifying, or reverse engineering it;
- Creating fake Membership accounts using false information or another person’s information, including false or misleading residential addresses, email addresses, contact information, payment information, or account information, and using such accounts in violation of the Agreement or applicable laws, or using another Member’s account without permission; acting as a party or participant in transactions by impersonating another person or using a false name;
- Performing transactions suspected of fraud;
- Using the comment and rating systems for purposes other than their intended use, such as publishing comments from the Website outside the Website, or using the systems in a manner that manipulates them;
- Spreading any other technology that may damage the Virus or Website, the Website’s database, or any content on the Website;
- Collecting and using any information about members, including email addresses, without the consent of the persons concerned;
- Creating a membership using third-party information, performing transactions using such information, using false or misleading information, or using another member’s membership account;
- Engaging in activities that create unreasonable or disproportionately large loads on the communications and technical systems specified by the Website or that damage technical operations, using automatic programs, robots, web crawlers, spiders, data mining, and data scraping or systems such as “screen scraping” software or systems on the Website without GREEN’s prior written consent, and copying, publishing, or using any content on the Website in whole or in part without permission, or reverse engineering.
4.8. Members are obligated to conduct their transactions on the Website in a manner that does not cause any technical damage to GREEN and the Platform. The Member acknowledges and undertakes to take all necessary measures, including the use of necessary protective software and licensed products, to ensure that the Platform does not contain any programs, viruses, software, unlicensed products, Trojan horses, etc. that may cause damage to the Platform. The Member also agrees not to access the Account Page using robots or automatic login methods.
4.9. If GREEN determines that the Member has used the Platform in violation of the law, the provisions of this Agreement, the rules announced by GREEN, or general moral rules, or if GREEN determines that there is a problematic situation based on complaints from Buyers, GREEN may partially or completely prevent the Member from using all or part of the Platform, suspend or permanently close the Member’s Account. The Member acknowledges, declares, and undertakes that the final decision regarding the suspension/closure of the Member’s account rests solely with GREEN. In the cases listed in this article, the Member is obliged to immediately, cash, and in full compensate GREEN for all damages incurred.
The Member may request the deletion of their membership in accordance with the Information Text on the Processing of Personal Data. After the GREEN Membership Account is deleted, the Member will not be able to reactivate the deleted membership and will not be able to access their membership information through the website.
4.10. GREEN may, at its sole discretion, reject any membership application, terminate membership, or impose additional conditions on the use of the Services at any time without giving any reason or prior notice.
4.11. Any use of the Platform or its content that violates the terms of use set forth in the Agreement or applicable laws is unlawful; GREEN reserves all rights to make claims, file lawsuits, and pursue legal action in this regard.
5. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
5.1. GREEN attaches importance to the processing, security, and protection of personal data provided by the Member through the Platform in accordance with all applicable legislation, including the Personal Data Protection Law No. 6698, in order for the Member to be able to use the Services offered on the Platform. In this context, GREEN processes the personal data provided by the Member in accordance with the Personal Data Protection and Processing Policy and the Information Text on the Processing of Personal Data available on the Platform, and transfers it to third parties, including: If explicit consent is given during the registration process on the Platform, GREEN may transfer such data to foreign service providers that provide information technology services (e.g., cloud service providers). GREEN provides its customers who register on GREEN with the Information Notice on the Processing of Personal Data during the registration process. The Personal Data Protection and Processing Policy and the Information Notice on the Processing of Personal Data are an integral part of this Membership Agreement.
5.2. By using the Services and/or creating an account, the Member acknowledges that they understand the collection, use, and transfer of their personal data as specified in the Personal Data Processing Disclosure Statement. Article 11 of the Personal Data Protection Law No. 6698 regulates the “rights of the data subject.” For more information about your rights regarding the use of your personal data, please review the Information Notice on the Processing of Personal Data or the Personal Data Protection and Processing Policy.
5.3. GREEN will take all necessary measures to ensure the secure storage of the aforementioned personal data in accordance with Article 12 of the Personal Data Protection Law No. 6698, and to prevent unauthorized access and unlawful data processing.
6. INTELLECTUAL PROPERTY RIGHTS
The “GREEN AURA BLOOMS” brand and logo, the design and software of the GREEN Website and Platform, the domain name, and all trademarks, designs, logos, commercial presentation forms, slogans, and other content created by GREEN in relation to these are the sole property of GREEN and are protected by all intellectual property rights. Creating a membership or using the Service does not in any way grant the Member any rights to this content, and the Member may not use, share, distribute, display, reproduce, or create derivative works from GREEN’s or its affiliated companies’ intellectual property rights without GREEN’s written permission. The Member may not use the Website in whole or in part in any other medium. If the Member acts in a manner that infringes the intellectual property rights of third parties or GREEN, the Member shall be liable to compensate GREEN and/or the third party in question for all direct and indirect damages and expenses.
7. AMENDMENTS
GREEN may, at its sole discretion, unilaterally amend this Membership Agreement and any policies, terms, and conditions on the Platform at any time it deems appropriate, provided that such amendments do not conflict with applicable laws and regulations, by announcing them on the Website. The amended provisions of the Agreement shall become effective on the date they are published on the Website, while the remaining provisions shall remain in full force and effect and continue to produce their legal effects. For the avoidance of doubt, the Agreement may not be amended unilaterally by the Member.
8. FORCE MAJEURE
Worker-employer disputes, including riots, embargoes, government intervention, insurrections, invasions, wars, mobilizations, strikes, lockouts, labor actions, or boycotts; cyberattacks; communication issues; infrastructure and internet outages; system maintenance or upgrade work and any resulting outages; power outages, fires, explosions, storms, floods, earthquakes, migrations, epidemics, or other natural disasters, or other events beyond GREEN’s control, not attributable to its fault, and unforeseeable under reasonable circumstances (“Force Majeure”) If any of the above events prevent or delay GREEN from fulfilling its obligations under this Agreement, GREEN shall not be held liable for the obligations prevented or delayed as a result of Force Majeure, and such circumstances shall not be deemed a breach of the Agreement.
9. MISCELLANEOUS PROVISIONS
9.1. Evidence agreement; The Member agrees that in any disputes arising from this Membership Agreement, GREEN’s official books and commercial records, as well as the e-archive records, electronic information, and computer records stored on GREEN’s servers, servers, shall constitute binding, conclusive, and exclusive evidence, and that this clause constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
9.2. Applicable Law and Resolution of Disputes; This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising from or related to this Membership Agreement shall be subject to the exclusive jurisdiction of the Istanbul Consumer Arbitration Boards and the Istanbul Central (Çağlayan) Courts and Enforcement Offices.
9.3. GREEN does not provide any warranties or conditions, whether express, implied, statutory, or otherwise, including warranties or conditions of merchantability or fitness for a particular purpose, in connection with this Membership Agreement. GREEN does not warrant that the site will be error-free or uninterrupted or compatible with any software. GREEN disclaims any liability for any damage arising from the Member’s access to or use of the site. The Member acknowledges that access to and use of the site is at the Member’s own risk and that the Member is solely responsible for any damage to their information systems or assets or any data loss resulting from such access or use.
9.4. This Membership Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. If any provision of this Agreement is found by any court of competent jurisdiction, arbitration panel, or administrative authority to be wholly or partially invalid, unenforceable, or unreasonable, such invalidity, unenforceability, or unreasonableness shall be deemed severable from the Agreement, and the remaining provisions shall remain in full force and effect.
9.5. Assignment of the Membership Agreement; The Member may not assign any of its rights or obligations under this Membership Agreement, in whole or in part, without the prior written consent of GREEN.
9.6. Amendment and Waiver; The failure of either Party to exercise or enforce any right granted to it under the Membership Agreement shall not constitute a waiver of such right or prevent the subsequent exercise or enforcement of such right.
* This Membership Agreement, consisting of 9 (nine) articles, has entered into force as of the date of its approval by the Member, who has read and fully understood each provision and approved it electronically.