Membership Agreement

Membership Agreement

ARTICLE - 1 PARTIES


This User Agreement (“ Agreement ”), Altunizade Mah. Rauf Pasha Sok. It has been concluded electronically between all persons (“ Member ”) who use Harmonious products/services on www.harmonious.com.tr website (“ Website ”) of HARMONIOUS (“ HARMONIOUS ” or “ Company ”) located at No 26/5. . The Company and the Member are hereinafter collectively referred to as the “ Parties ”.

ARTICLE - 2 SUBJECT OF THE CONTRACT

The subject of this Agreement is to determine the conditions of use and use of the products to be purchased by the Member and the service to be benefited accordingly through the Website owned by the Company.

ARTICLE - 3 ESTABLISHMENT OF THE CONTRACT

  • MEMBER ACKNOWLEDGES THAT HE HAS READ AND UNDERSTOOD THE AGREEMENT AND IS AWARE OF HIS RIGHTS AND OBLIGATIONS.
  • THE PARTIES FIND THAT THERE IS NO DISPUTE BETWEEN THE AGREEMENTS AND THE ACTIONS AGAINST THE CONTRACT, AND THAT THE MUTUAL ACTIONS ARE SUITABLE FOR THE QUALITY OF THE BUSINESS, AND THAT THEIR CONTRACTUAL TRANSACTIONS ARE NOT AVAILABLE TOGETHER.
  • THE MEMBER HAS A FULL OPINION THAT THE TRANSACTIONS UNDER THE AGREEMENT ARE FIT FOR IT'S OWN BENEFICIARY AND THAT IT IS UNDER ALL TERMS WITH ITS FREE WILL, WITHOUT ANY STRENGTH OR CONDITION, WITHOUT ANY STRENGTHS OR CONDITIONS,
  • THE PARTIES AGREE THAT THE PROVISIONS OF THE AGREEMENT DO NOT HAVE A FEATURE THAT MAY BE CONSIDERED TO BE AN UNFORGETTABLE CONDITION .
  • THE PROVISIONS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR CONDITIONS UNDER THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONFLICT WITH THE RULE OF INTEGRITY AND GOODNESS AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE CONSUMER PROTECTION LEGISLATION.
  • THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED IN CONSIDERATION OF THE PROVISIONS OF THE TURKISH LAW OF OBLIGATIONS. THE BINDING AND CONTENT AUDIT PROVIDED IN ARTICLE 21 OF THE TURKISH LAW OF OBLIGATIONS IS MADE BY THE MEMBER. NONE OF THE PROVISIONS OF THIS AGREEMENT SHALL BE FOREIGN (AMAZING TERMS) TO THE NATURE OF THIS AGREEMENT AND THE CHARACTERISTIC OF THE JOB. THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN IN A CLEAR AND CLEAR MANNER AND DO NOT MAKE MULTIPLE MEANINGS.

ARTICLE - 4 MEMBERSHIP

  • Membership is gained upon completion of membership procedures on the Website (and conclusion of this Agreement).
  • Member, 4.1. declares that he/she is at least 18 (eighteen) years old (or older) to gain membership, open an account or use the services in any way under this article, and that he understands and accepts these conditions. Provided that the Member is at least 13 (thirteen) years old and at the same time has the power to distinguish, if he is under the age of 18 (eighteen), he must use the Website only in the presence of a parent or legal representative, and in this context, the Member must be accompanied by his parent or legal representative. declares that its representative has reviewed and accepted this Agreement. No one under the age of 13 (thirteen) may use the Services in any way.
  • Members are obliged to provide accurate, true and up-to-date information to the Company regarding membership procedures. The scope of this information is determined by the Company and can be changed and expanded if necessary. This shared information can be changed and updated by the Member at any time. The Member must provide the necessary information for the continuation of his membership and update his information in case of any change.
  • The Company may share the Member's information with the relevant official authorities, limited to the request, in order to fulfill the requirements of regulatory or executive actions or judicial decisions of official authorities. If there is no confidentiality decision of the relevant official authority, the Member is informed of the said transaction.
  • The Company can make evaluations and statistical studies by anonymizing the promotional and/or personal information provided by the Members, and may announce them on the Internet Site in a general way.
  • In case the Members use a nickname within the scope of being a member of the Website, such nickname cannot be contrary to the current legislation and morality; It cannot contain insults, profanity, cursing, humiliating or damaging personal rights.
  • Members can unsubscribe at any time. In this case, the Member notifies the Company of his/her request to unsubscribe via the Website and ensures that the necessary actions are taken to remove the membership. When these procedures are completed, the unsubscribe process takes place. Exiting the membership has no effect on the rights and obligations arising from the Agreement until the date of exit from the membership, and the provisions that should remain in force due to their nature even if the Agreement is terminated (compensation due to contradictions, final provisions, etc.).

ARTICLE - 5 USE OF THE SERVICE BY THE MEMBER AND THE SERVICE FEE

  • The Member can start to benefit from the products and services offered by the Website within the terms of this Agreement, after visiting the relevant section of the Website, filling in the required sections for registration and becoming a party to this Agreement. The products and services offered by the Company may only be used by the Member for lawful purposes.
  • You can become a member of the website free of charge.
  • The Company may, at its discretion, create promotional codes or campaigns for its own products and related services. The Company will inform the Members of the said promotional codes or campaigns, if the Member has chosen to inform them in this context. The Member accepts not to take any action and/or action that may exploit the service offered by the Company with the promotion or campaign, and if he/she is between the ages of 13-18 and has the power to distinguish, in any case, he/she accepts the consent of his/her parent or legal representative within the scope of participation in the relevant promotion/campaign, and declares. Promo codes or offers; It should be used in accordance with its purpose and law, should not be transferred to another person unless approved in writing by the Company, and should be used only on condition that the conditions stipulated for the promotion or campaign are complied with. Promotions or campaigns can be canceled by the Company at any time without any reason. The Member has no right of claim against the Company regarding the canceled promotion or campaign. At the same time, the Member always has the opportunity to refuse the reception of commercial electronic messages, which is provided at the stage of obtaining his consent for sending commercial electronic messages. It will always be able to refuse to receive commercial electronic messages regarding promotions/campaigns.

ARTICLE - 6 RIGHTS AND OBLIGATIONS OF THE PARTIES

  • The Member declares and undertakes that the personal and other information he/she provides while subscribing to the Website is true, and that he/she will immediately indemnify all losses incurred by the Company due to the inaccuracy of this information and/or not being updated by the Member despite changes in the Member's information.
  • The right to use the password received by the Member for the use of the Website belongs exclusively to the Member. The member cannot give this password to any third party. All legal and criminal responsibility for the use of the password and the means of accessing the system (username, etc.) used to benefit from the Website belongs to the Member.
  • A member cannot transfer his membership to another person.
  • The Member accepts, declares and undertakes to comply with all legal provisions and not to violate such provisions while using the Website. Otherwise, all legal and penal liability will be fully and exclusively owned by the Member.
  • The Member may not use the Website in a way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringes on the ideas and copyrights of others. In addition, the Member may not engage in activities (spam, viruses, trojan horses, etc.) or actions that prevent or make it difficult for others to use the services, and may not engage in activities that will threaten the security of the Website or the software or prevent it from working.
  • The ideas and thoughts expressed, written, shared images, messages, comments and expressions used by the Members on the Website are exclusively the Members' own personal opinions and comments, and the Member is solely responsible for the consequences of these ideas and comments. These views, images, comments, messages and thoughts have no relation or connection with the Company. For damages that the Company may incur due to the ideas and opinions to be declared by the Member or the messages, comments or images to be shared by the Member, or to the damages that the Member may suffer due to the ideas and opinions declared by the third parties or institutions or the images, comments or messages they share. has no liability.
  • The Company is not responsible for any direct or indirect damages that may be incurred due to the use of the Website by the Member.
  • The Website may link to other websites or applications that are not under the control of the Company, not established, operated or regulated by the Company, and may contain references to these sites or applications. The Company is not responsible for the content of such other applications or websites, or the other links and/or references they contain, or the products/services offered by them. These links do not carry the purpose of supporting the owner of the linked website or the person operating the site in question, or any statement or commitment regarding any information, expression or image in its content. Likewise, the Company is not responsible for the products, services and other content promoted or committed by the advertisements, promotions or banners on the Website or linked via the Website.
  • The member cannot transfer the user profile created by him to a third party or allow the use of the third party. Members cannot transfer their rights and obligations arising from this Agreement without the approval of the Company. The Company may transfer its rights and obligations arising from the Agreement to third parties.
  • In case the Member violates the provisions of this Agreement, the criminal and legal liability arising from the violations personally belongs to the Member. The Member shall keep the Company free from all damages, lawsuits, claims and claims that may arise due to its violations. Moreover; The Company reserves the right to claim compensation from the Member due to such violations.
  • The Company always has the right to suspend or terminate the Member's membership and delete all information, data, documents and files belonging to the Member, without assuming any unilateral responsibility and without having to pay compensation.
  • Copyright and/or all intellectual property rights regarding the general appearance, design and software of the Website, text and visual content and all other content, brands, logos, know-how and other items belong to the Company or have been licensed by the Company. is used. These cannot be used, acquired, changed, copied or reproduced by the Member in any way without the written consent of the Company. The Member's use and accessibility of the Website or its content under the conditions to be provided by the Company does not entitle the Member to any intellectual and industrial property rights and/or any right of ownership or disposal.
  • The Company may disclose the Member's personal information (a) in accordance with applicable laws or regulations or a court decision or administrative order, and/or (b) if the Member has consented, and/or (c) the Website. may disclose it to third parties in accordance with the Cookie and Privacy Policy and the Clarification Text, which can be accessed via the website, and/or (d) in accordance with the conditions separately regulated in this Agreement. The Company may examine the confidential information or records of the Member in order to access the information and documents requested for the investigation.
  • Precautions have been taken to ensure that the Website is free of viruses and similar software. In addition, in order to ensure ultimate security, the Member must supply its own virus protection system and provide the necessary protection. In this context, by becoming a member of the Website, the Member accepts that he is responsible for all errors (including but not limited to spam, virus, trojan horse) and their direct or indirect consequences that may occur in his own software and operating systems.
  • The Member has agreed not to access or use the software and data of other Internet Site users without permission.
  • The Company reserves the right to change the content, design and software of the products, related services and the Website at any time, to change, suspend or terminate any service provided to the Members, and to delete the user information and data registered on the Website at any time. amount.
  • The Company can always update, change or repeal the terms of this Agreement without the need for prior notice and/or warning in any form or form. Any provision that is updated, changed or repealed will become effective for the Member at the time of publication.
  • The Member is responsible for providing the necessary network access to benefit from the Website. The Member is aware that mobile network data may be used and messaging tariffs and fees may apply if he accesses the Website from a device with wireless internet access. It is the Member's responsibility to provide updates with the appropriate software and devices necessary to benefit from the Website and to keep the Website up-to-date. The Company does not guarantee or warrant that the Website will work with a particular device or software, and that the functions contained in the materials will be uninterrupted or error-free. The Member accepts that the Website may be subject to malfunctions and delays due to internet usage. The Company does not take any responsibility for the problems experienced by the Member due to interruptions in access to the Website due to technical problems.
  • The non-liability records written for the Company within the scope of the NetGSM Agreement are also valid for the Company employees and partners.
  • Without the Company's prior approval, it is forbidden for the Member to link to another website, the content of a website, or any data on the network, in any transaction to be made through the Website.
  • In the use of the Website, all credit card transactions and approvals are carried out online by the relevant banks and similar card institutions independently of the Website (Information such as credit card password is not seen and recorded by HARMONIOUS). Information entered on the Website for the purpose of membership, product/service purchase and information update, as well as sensitive confidential information of credit and debit cards cannot be viewed by other internet users.
  • Electronic Commercial Message Sending: HARMONIOUS, pursuant to the NetGSM Agreement, has the authority to send notification e-mails to its Members' registered e-mail addresses and information SMS to their mobile phones. will be deemed to have accepted the sending. If the member wishes to opt out of receiving mail and/or SMS, he can cancel his subscription by sending an e-mail to info@harmonious.com.tr.

ARTICLE 7 TERMINATION OF THE AGREEMENT

  • Without prejudice to the termination possibilities in this Agreement, the Member and the Company may terminate this Agreement at any time. This Agreement will remain in effect until the Member cancels his/her membership or his/her membership is canceled by Harmonious.
  • The termination of the Member is carried out by following the termination procedures on the Internet Site. The termination shall have no effect on the rights and obligations arising from the Contract until the date of termination, and on the provisions that should remain in force due to their nature even if the Contract is terminated (compensation due to contradictions, final provisions, etc.).

ARTICLE - 8 FINAL PROVISIONS


8.1 Applicable Law: NetGSM Contract is subject to the laws of the Republic of Turkey and will be interpreted accordingly.

8.2 Authorized Court: Istanbul Çağlayan Courts and Istanbul Çağlayan Enforcement Offices are authorized to settle all disputes arising from or in connection with the NetGSM Contract. 

8.3 Integrity of the Agreement and its Annexes: The annexes of the Agreement shall constitute an integral part of this Agreement and cannot be interpreted separately from each other.

8.4 Qualification of Exclusive Evidence: The parties agree that in disputes that may arise within the framework of this Agreement, the documents and electronic records of the Company will be the exclusive evidence for the dispute in question.

8.5 Company Contact Information: The Company's contact information is as follows:

Title : HARMONIOUS

Address : Altunizade Mah. Rauf Pasha Sok. No 26/5 Uskudar/Istanbul

Phone : -

Fax : -

E-mail : info@harmonious.com.tr

The e-mail address notified by the Member to Harmonious is considered as the legal and valid notification address for any notification to be made regarding the NETGSM Agreement. 

8.6 Transactions Made on the Website: Transactions made through the Website, which are in the nature of a declaration of will, are considered as declarations of will that bind the Parties in accordance with the Turkish Code of Obligations, consumer legislation and other applicable legislation.