MEMBERSHIP AGREEMENT

Last Updated: 1 January 2024

ARTICLE 1 – PARTIES TO THE AGREEMENT

Title	GENYA ORMAN ÜRÜNLERİ SANAYİ ve TİCARET LTD. ŞTİ.
Address	IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY

Hereinafter referred to as “DEMONTHA”.

The real person who becomes a member of the https://demontha.com/ site and purchases the products and/or services offered for sale on the site in accordance with this agreement is the “Member”. The Parties shall be referred to individually as the “Party” and together as the “Parties”.

Please read these terms and conditions carefully before ordering any Product from our site. If you do not accept these terms and conditions, our Privacy Statement or our Terms of Use, do not use our site.

ARTICLE 2 – SCOPE AND PURPOSE OF THE AGREEMENT

This Membership Agreement has been concluded to determine the conditions for the Member to benefit from the services offered on the website https://demontha.com/ and the mutual obligations of the parties. With the acceptance of the Agreement by the Member, the Member declares and undertakes that he/she has accepted all kinds of statements regarding the products, services, content, applications and members on the Site.

ARTICLE 3- DEFINITIONS

Site: It refers to the website where various services and content are offered, named https://demontha.com/.

Member: Refers to the real person who is a member of https://demontha.com/ pursuant to this agreement and purchases the products and/or services offered for sale on the site.

Agreement: This means the membership agreement between the member and DEMONTHA, which regulates the use of the site and the mutual obligations of the parties.

My Account Tab: Refers to the Member-specific page, which can be accessed with the user name and password determined by the member, where the member enters his personal information in order to benefit from various applications and services on the site.

Cookie Policy: To improve the services offered to the members by increasing the functionality and performance of the Site, to personalize the shopping experience of the Member, to make developments and improvements according to the preferences and tastes of the Member for the next uses, in line with the content displayed by the Member on the site and the information about his visits, refers to the cookies used to ensure the legal and commercial security of the site and the Member and the text containing the management of these cookies.

Privacy Policy: It refers to the text that contains information about which personal data of the Member is processed, the legal reasons for the processing, the ways in which the data is collected, the purposes and purposes of processing the data.

It also includes the information to which third parties your personal data is transferred, for what purpose and for how long.

ARTICLE 4- RIGHTS AND LIABILITIES OF THE PARTIES

4.1. MEMBER’S RIGHTS AND LIABILITIES

4.1.1. The membership relationship between the parties will be established by entering the membership information and password by the member, ticking the box regarding the acceptance of this membership agreement and/or clicking the Register button, and then confirming the registration process by the seller.

The member accepts, declares and undertakes that the information she has given during the membership process is correct and up-to-date, and that member is personally responsible for all damages that may arise due to incomplete or inaccurate information.

4.1.2. The member states that he has read and understood the privacy policy presented on the website by DEMONTHA with the establishment of this membership agreement, and that he has the right and authority to withdraw his explicit consent for the processing and/or transfer of personal data processed and/or transferred based on his explicit consent, at any time. ; He accepts, declares and undertakes that he has been informed about the legal rights granted to him and how he can use these rights.

4.1.3. The password needed for the realization of membership transactions will be determined by the Member and the Member will be personally responsible for the use, management, security and confidentiality of all information, including the user name and password that allows the use of his personal profile. The member accepts, declares and undertakes that he will not share his username and password with third parties under any circumstances and will not transfer his user account to third parties..

4.1.4. The member states that the transactions carried out with his/her user name and password are carried out by him/her, the responsibility arising from these transactions belongs to him/her, he/she cannot claim any def and/or objection that he/she did not perform the works and transactions carried out on his/her own account, and this def and accepts, declares and undertakes that it cannot avoid fulfilling its obligations based on objections. The member accepts, declares and undertakes to contact DEMONTHA immediately if he knows or thinks that his username or password has been taken over by someone else.

4.1.5. The member accepts, declares and undertakes that he will act in accordance with the provisions of this Agreement and the current legislation while benefiting from the services offered to him through the site and in all transactions and correspondence he will perform on the site, and that he will not use the site in an unlawful and unethical manner, especially in the following cases.

Using the Site for the purpose of creating, controlling, updating or changing a database, record or directory on behalf of any person,
Using all or part of the Site for the purpose of disrupting, modifying or reverse engineering,
Making transactions using false information or another person’s information, creating unreal Membership accounts by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, and the creation of these accounts in accordance with the Membership Agreement or in force. being used in violation of the legislation, unauthorized use of another Member’s account, being a party or participant in transactions by impersonating another person or under a wrong name;
If a place is given; comment and rating section; Used for purposes such as posting comments on the Site outside of the Site or used for purposes other than those used to manipulate systems;
If place is given; In the comment section, the subject of which constitutes a crime, causes or encourages the violation of the rules on the website, relevant legislation or international agreements, contains illegal, threatening, advertising and / or marketing content, offensive, insulting and abusive, humiliating, Any sharing that is defamatory, vulgar, pornographic or immoral, contrary to generally accepted rules, contrary to personal rights, intellectual and industrial rights, creating unfair competition and/or similar;
Spreading a virus or any other technology that is harmful to the Site, the Site’s database, any content on the Site, (By breaching this provision, you are committing an offense under the Computer Abuse Act 1990. We will report any such breach to the appropriate law enforcement authorities and We will cooperate with these authorities by revealing your identity to them.In the event of such a breach, your right to use our site will cease immediately.
Engaging in activities that will create unreasonable or disproportionately large downloads on the communications and technical systems determined by the Site or harm the technical operation, automatic programs, robots, web crawlers, spiders, data mining on the Site without the prior written consent of DEMONTHA. Using “screen scraping” software such as data mining) and data crawling and other methods including but not limited to copying, publishing or using all or part of any content on the Site without permission.

Any program, virus, software, unlicensed product, trojan horse, etc. that may harm the Member Site. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, in order not to contain harmful codes. The member also accepts, declares and undertakes that he will not enter the My Account Page with robot or automatic login methods.
In case the Member uses the Site in violation of any clause in the Agreement, DEMONTHA has the right to prevent the Member from using the Site in whole and/or part of it partially and/or completely.

4.2. DEMONTHA’S RIGHTS AND LIABILITIES

4.2.1 DEMONTHA reserves the right to reject membership applications or impose additional terms and conditions for membership applications at its sole discretion, without providing any justification.

4.2.2. DEMONTHA has the right to make changes in all kinds of policies and agreements, including the services offered on the site, this Membership Agreement, the Privacy and Cookie Policy on the Site, without giving any reason and without notice, within the legal framework. The amendments to be made will be binding for the Parties as of the date of publication, the remaining provisions will remain in effect and continue to have their provisions and consequences.

4.2.3. Direct or indirect material and/or moral, negative and/or positive damages that may arise from entering the Site, using the Site or the information, data and programs on the Site, breach of contract, tort or other reasons. DEMONTHA and the Company’s board of directors, directors, employees and the people who prepared the information on this site are not responsible. DEMONTHA, as a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption.

4.2.4. DEMONTHA, by the Member, against the Membership Agreement, the law and general morality, threatening, wrong, misleading, provocative, demeaning, violating confidentiality, obscene, pornographic, abusive, discriminatory, criminal, violating the rights of any party, In case of detection of messages or content that may lead to legal liability or otherwise unacceptable by DEMONTHA, it has the right to remove these messages and contents from access at any time.

4.2.5. DEMONTHA, the name and Internet Protocol (IP) address of the internet service provider used by the users to access the site in order to detect and eliminate the problems that may occur in the system related to the site, to improve and develop the website and the system, the date and time of the access to the site, the accessed time on the site. has the right to collect certain information such as pages and the internet address of the website that provides direct connection to the site, provided that it fulfills the legal requirements.

ARTICLE 5– LINK TO THE WEBSITE

You may link pages of our site to your personal social media accounts where social media sharing plug-ins are available on our site. Any other linking to our site is prohibited without our prior written consent. You must not establish a link to our site:

in a way that is not fair or legal or which damages our reputation or takes advantage of it;
in such a way as to suggest any form of association, approval or endorsement on our part where none exists; or
in any website that includes unlawful or fraudulent content, has any unlawful or fraudulent purpose or effect or breaches the content standards set out above.

You must not frame our site on any other site or create a link to any part of our site other than the home page without our prior written consent.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than permitted in these Terms of Use, please contact info@demontha.com

Third party links and resources in our site:

Where our site contains links to other sites and resources provided by third parties (including where our social media sharing plug-ins include links to third party sites), these links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

MADDE 6- PRIVACY

DEMONTHA will be responsible for the processing, security and protection of the personal data provided by the Member through the Site in accordance with the legislation. In this context, DEMONTHA accepts, declares and undertakes that it will collect, process, use, store and transfer the personal data provided by the Member limited to the purposes specified in the Privacy Policy and in accordance with this policy and the Cookie Policy.

ARTICLE 7- INTELLECTUAL PROPERTY RIGHTS

The intellectual property rights of all audio, visual, written materials and content on the site, including names, brands, logos, designs, graphics, visuals and pictures, belong to DEMONTHA. Without the direct and/or written permission of DEMONTHA, the member may not copy, publish, distribute, transmit, modify or otherwise use any content on the Site. Otherwise, the Member will be responsible for all kinds of damages incurred/incurred by DEMONTHA and any compensation amount requested from DEMONTHA due to the damages incurred by the licensors and/or third parties, court expenses, attorney fees and all kinds of legal costs and damages. will be liable to pay the costs immediately.

ARTICLE 8- FORCE MAJEURE

Natural disaster, epidemic, strike, government, law and law changes, uprising, embargo, riot, occupation, war, mobilization, strike, lockout, business actions or boycotts, cyber attack, communication problems, infrastructure and internet failures, system improvement or renovation works and malfunctions that may occur for this reason, power cut, fire, explosion, storm, flood, earthquake, migration, epidemic or any other natural disaster, any administrative and/or judicial decision or similar actions that will prevent access to the Site. If events beyond DEMONTHA’s control prevent or delay DEMONTHA from fulfilling its obligations arising from this membership agreement, DEMONTHA will not be held responsible for the fulfillment of its obligations and this will not be considered as a breach of the contract.

ARTICLE 9- INTERPRETATION OF THE AGREEMENT

The determination of any article, sub-article or provision of this Agreement other than its essential elements to be invalid or legally unenforceable will not affect the applicability or validity of the other article, sub-article or provisions of this Agreement.

In such a case, any article, sub-article or provisions of this Agreement that are found to be invalid or legally unenforceable in all respects will be interpreted and executed as if they were removed from the text of the Agreement.

ARTICLE 10- CANCELLATION OF MEMBERSHIP AND TERMINATION OF THE AGREEMENT

Each of the parties may terminate this agreement unilaterally at any time.In case the Member violates any or all of its obligations arising from this contract, DEMONTHA will unilaterally terminate this contract and cancel the Member’s membership without any notification and without any justification. It also reserves the right to freeze or cancel it partially or completely.

ARTICLE 11- MISCELLANEOUS PROVISIONS

Evidence Agreement: The Member, without prejudice to the MEMBER’s right to present other evidence in disputes that may arise from this Membership Agreement; It accepts that DEMONTHA’s official books and commercial records and e-archive records kept in DEMONTHA’s database and servers, electronic information, electronic correspondence and computer records will constitute binding and conclusive evidence and this article is in the nature of an evidential contract.

Assignment of Membership Agreement: The Member cannot transfer its rights or obligations under this Membership Agreement, in whole or in part, without the prior written consent of DEMONTHA.

Replacement and Waiver: The failure of one of the parties to exercise any of the rights granted to it by the Membership Agreement does not mean that it waives this right or does not prevent the further exercise or implementation of this right.

MADDE 12-APPLICABLE LAW

Turkish Law shall apply to the implementation and interpretation of this Agreement, as well as to any disputes arising from this Agreement.

In case of disputes arising from this Agreement:

If the Member is a Consumer; the Consumer Arbitration Committees and Consumer Courts located in the Member’s place of residence and where the Services took place, up to the value declared by the Ministry of Customs and Trade, in accordance with Article 68/1 of the Law on Consumer Protection No. 6502, shall have jurisdiction.

If the Member is a Merchant and/or Public Legal Entity; Istanbul Courts and Execution Offices shall have jurisdiction.

ARTICLE 13- NOTIFICATION

The address specified in this contract by DEMONTHA and the e-mail address notified by the Member to DEMONTHA will be considered as valid addresses for any notification to be made regarding the contract. These addresses will be accepted as the addresses of the parties suitable for notification, and the notification made to the specified addresses will be accepted as a valid notification made in accordance with the procedure.

Effective Of Agreement: This Agreement consists of 13(thirteen) articles, has been read by the Parties, and has been concluded and entered into force by being approved by the customer in electronic environment.