Membership Agreement

1. PARTIES: 1.1. This "Agreement" ("Agreement") has been mutually accepted and approved within the framework of the provisions set forth below between ELF PRIVE, located at "Merkez Mahallesi, Halaskargazi Caddesi No:149/6 Şişli İstanbul", EFEDAĞ TEKSTİL GİYİM VE AKSESUAR SAN. TİC. LTD. ŞTİ. ("ELF PRIVE") and Name/Surname ("Member"). 1.2. ELF PRIVE and the Member shall be individually referred to as the "Party" and collectively as the "Parties" in this Agreement.
2. PURPOSE AND SCOPE OF THE MEMBERSHIP AGREEMENT: 2.1. This Agreement has been executed to determine the conditions for Members to benefit from the services offered by ELF PRIVE on the online electronic commerce platform with the domain name "www.elfprive.com" ("Website") and to establish the rights and obligations of the Parties in this regard. 2.2. Under this Agreement, the Member wants to become a member of the online electronic commerce platform with the domain name "www.elfprive.com" managed by ELF PRIVE and to purchase the products and/or services sold on this platform. 2.3. ELF PRIVE operates the Website, bringing together suppliers, intermediaries, service providers, manufacturers, consumers, and commercial or non-commercial institutions with the aim of facilitating shopping in a virtual marketplace that speeds up communication and business processes, enhances efficiency, and saves financial resources. 2.4. By accepting this Agreement, the Member also acknowledges and agrees to accept all kinds of statements, services, uses, content, applications, and any other declarations provided by ELF PRIVE on the Website. 2.5. For the avoidance of doubt, this Agreement only covers the shape and conditions related to the services provided by ELF PRIVE to Members on the Website. The agreements that Members will approve for the products they purchase are not within the scope of this Agreement.
3. DEFINITIONS Privacy Policy: The text that regulates ELF PRIVE's general privacy policy regarding the use of personal data communicated by Members through the website, including matters such as the purposes and methods of use of personal data and the use of cookies by ELF PRIVE, and can be accessed at http://www.elfprive.com.tr/tr/gizlilik-politikasi. My Account Page: The Member's personal page, accessible only with the username and password set by the Member, where the Member can perform necessary transactions to benefit from various applications and services available on the Website, and enter personal information and other requested information on an application-specific basis. Service: Refers to the applications presented by ELF PRIVE to enable Members to perform the business and transactions defined within the scope of this Membership Agreement. Virtual Store: Refers to the virtual area on the Website where ads consisting of content and visuals for the sale of one or more products and/or services are published in accordance with ELF PRIVE procedures and rules. Member: Refers to the real person who becomes a member of the Website within the scope of this Membership Agreement and purchases the products and/or services offered for sale through the ads on the Website. Website: Refers to the internet site with the domain name "www.elfprive.com" owned by ELF PRIVE and where ELF PRIVE offers the services determined by this Agreement.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES 4.1. To gain membership status, the user who wants to become a Member must complete the Membership Agreement available on the Website by providing accurate and up-to-date information and wait for the Membership application to be evaluated and approved by ELF PRIVE. The user who wants to become a member must be at least 18 (eighteen) years old. With the completion of the approval process and notification to the Member, the Membership status begins, and thus the Member obtains the rights and obligations specified in this Agreement and the relevant parts of the Website. The Member is personally responsible for any damages that may arise due to providing incorrect or outdated information while filling out this Membership Agreement. The Member has the right to terminate the Membership status at any time by pressing the "Cancel Membership" button accessible from the My Account Page. 4.2. In case of any dispute over the ownership of the membership rights and obligations and upon request by the relevant persons to ELF PRIVE, ELF PRIVE will consider the last person who made a payment to ELF PRIVE using the membership account as the owner of the membership account and will act accordingly. In such a case, ELF PRIVE reserves the right to act independently of the rule stated in this Article based on Membership information, Member transactions, and similar information. 4.3. If the Member wishes to initiate any legal action or purchasing process related to the ads viewed on the Website, the Member must fulfill all necessary legal obligations and procedures, including those specified on the Website. The Member acknowledges and declares that ELF PRIVE has no information or responsibility regarding the content, scope, validity, legality, accuracy, or reliability of the ads and that ELF PRIVE does not have any obligation to monitor the ads. 4.4. The Member acknowledges, declares, and undertakes that ELF PRIVE will not be held responsible for the sales and delivery of the products and/or services offered for sale in the advertisements on the Website by Members or third parties. 4.5. The Member acknowledges, declares, and undertakes that ELF PRIVE will not be held responsible for the delivery of the products and/or services offered for sale in the advertisements on the Website by Members or third parties. 4.6. The Member acknowledges, declares, and undertakes that ELF PRIVE will not be held responsible for the non-compliance of the advertisements on the Website with the relevant legislation or the accuracy of the information in the advertisements, and that ELF PRIVE has the right to remove such advertisements from the Website without any prior notice. 4.7. The Member acknowledges, declares, and undertakes that ELF PRIVE may publish paid advertisements in different parts of the Website and that ELF PRIVE is not obliged to share the advertising revenue with the Members. 4.8. The Member acknowledges and undertakes that ELF PRIVE may collect information about Members' internet protocol (IP) addresses and use them to diagnose system-related problems, prevent fraudulent and unauthorized use, and conduct statistical studies. 4.9. The Member agrees not to reproduce, copy, distribute, process, or otherwise use the visual, textual, auditory, and all other content provided by ELF PRIVE on the Website for commercial purposes without obtaining the written consent of ELF PRIVE. 4.10. The Member acknowledges and agrees not to access or use the Website's software and database by using methods and tools that are not permitted by ELF PRIVE, and not to interfere with the software and databases in any way. 4.11. The Member agrees not to engage in activities that may disrupt the operation of the Website, that may create an unreasonable or disproportionately large data load on the infrastructure of the Website, or that may interfere with the operation of the software and databases of the Website. 4.12. The Member agrees not to access or use the software, database, and systems used on the Website for purposes other than those specified in this Agreement. 4.13. The Member acknowledges and undertakes to comply with all applicable laws and regulations while using the services offered by ELF PRIVE on the Website. 4.14. The Member acknowledges and agrees that ELF PRIVE may use the information and data provided by the Member within the scope of the Membership Agreement and during the use of the services offered by ELF PRIVE on the Website within the framework of ELF PRIVE's privacy policy. 4.15. The Member accepts and undertakes that the intellectual and industrial property rights of the content and materials, visual, auditory, and the like, on the Website, belong to ELF PRIVE and that they cannot be used, acquired, or intervened without the permission of ELF PRIVE, directly or indirectly. 4.16. The Member acknowledges, declares, and undertakes that ELF PRIVE does not provide any guarantee, explicit or implied, regarding the content of the services, the products and/or services offered for sale through the advertisements on the Website, including but not limited to the quality, safety, accuracy, reliability, legality, and usability. 4.17. The Member acknowledges and agrees that ELF PRIVE cannot be held responsible for any direct or indirect damages that the Member may suffer due to any interruption, suspension, termination, delay, defect, deletion, loss, or unauthorized access to the Member's transactions on the Website. 4.18. The Member accepts and declares that all kinds of statements, notifications, and messages, including commercial electronic messages, sent by ELF PRIVE to the communication addresses such as e-mail, SMS, MMS, phone, etc. provided by the Member during the membership process or updated by the Member afterwards are considered as legally valid. 4.19. The Member agrees and undertakes that ELF PRIVE may share personal data, except for sensitive personal data, with third parties, and use it to perform statistical studies, improve the Website's functionality, and ensure the fulfillment of its obligations arising from the Membership Agreement. 4.20. The Member acknowledges and agrees that ELF PRIVE may transfer the Membership Agreement, all rights, and obligations arising from this Agreement, and the Member's personal data to third parties by providing the necessary information and obtaining the necessary consents to fulfill the obligations under this Agreement, without the need for further approval. In this case, ELF PRIVE will be deemed to have been released from the obligations arising from this Agreement and the privacy policy. 4.21. The Member acknowledges and accepts that ELF PRIVE will not be held responsible for the temporary or permanent interruption of the services provided on the Website and the deletion or failure to store any personal data and other information contained in the Membership Agreement and that the Member is responsible for regularly backing up the data and information they send to the Website. 4.22. The Member acknowledges and undertakes that ELF PRIVE may send the password used to access the My Account Page of the Member, which is required to access the services, to the Member's e-mail address or mobile phone number, and that the Member is responsible for the confidentiality and security of the password. 4.23. The Member agrees and declares that ELF PRIVE may use cookies and other technologies to monitor the use of the services and to improve the functionality and user experience of the Website. 4.24. The Member acknowledges and undertakes that ELF PRIVE may suspend or terminate the Membership Agreement and the provision of the services provided by ELF PRIVE on the Website temporarily or permanently, without any prior notice, warning, and justification, to all Members or individual Members at its own discretion. In such a case, ELF PRIVE will not be responsible for the damages that Members may suffer directly or indirectly. 4.25. The Member acknowledges and agrees that ELF PRIVE may modify, update, or terminate the services offered on the Website, the Membership Agreement, and the features of the Website, change the content of the Membership Agreement, and that ELF PRIVE may publish these changes on the Website and that these changes will take effect on the date of publication. The Member agrees that it is their responsibility to regularly review the Membership Agreement and changes on the Website and that the continued use of the Website after the changes have been published will be deemed as acceptance of these changes.
5. PRIVACY ELF PRIVE attaches great importance to the privacy of the Members and takes the necessary measures to protect the personal data shared by the Members. ELF PRIVE's policy regarding the protection of personal data shared by the Members is determined by the "Privacy Policy," which is available at http://www.elfprive.com.tr/tr/gizlilik-politikasi and is an integral part of this Agreement.
6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS The intellectual property rights of the visual, auditory, and all content, including the design, text, image, logo, icon, button, software, and all other elements on the Website, belong to ELF PRIVE and are protected under national and international law. The Member agrees not to reproduce, copy, modify, republish, upload, transmit, distribute, or use in any way, whether commercial or personal, any of the visual, auditory, and content elements on the Website, including the design, text, image, logo, icon, button, software, and all other elements, without the prior written consent of ELF PRIVE.
7. FORCE MAJEURE ELF PRIVE shall not be responsible for the prevention or delay of performance of its obligations due to reasons beyond its reasonable control, including but not limited to natural disasters, fire, explosions, civil wars, wars, uprisings, acts of terrorism, riots, epidemics, mobilizations, strikes, lockouts, and failures in public communication networks or power transmission. The Party affected by the force majeure event shall notify the other Party in writing within 5 (five) days from the date of the event. In the event that the force majeure continues for more than 30 (thirty) days, each Party shall have the right to terminate this Agreement unilaterally without any compensation.
8. AMENDMENT AND TERMINATION OF THE AGREEMENT ELF PRIVE reserves the right to amend the provisions of this Agreement, the services offered on the Website, and the features of the Website at any time and at its sole discretion. The amended provisions of this Agreement will take effect on the date of publication on the Website and will be valid for all Members. The Member is responsible for regularly reviewing the provisions of this Agreement on the Website. The Member's continued use of the Website after the publication of the amended Agreement will be deemed as acceptance of these amendments. The Member has the right to terminate this Agreement unilaterally at any time. ELF PRIVE may terminate this Agreement unilaterally and with immediate effect in case of violation of the terms of this Agreement by the Member or in case ELF PRIVE decides to cease the provision of services on the Website.
9. APPLICABLE LAW AND DISPUTE RESOLUTION This Agreement shall be governed by and construed in accordance with the laws of Turkey. Any dispute arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Istanbul Courts and Execution Offices. The Member acknowledges and agrees that ELF PRIVE's records and electronic information will be accepted as the sole and exclusive evidence in the settlement of any disputes that may arise from the use of the Website and the services provided on the Website.
10. NOTICES All notices to be sent to the Parties under this Agreement shall be made by ELF PRIVE through e-mail or through the contact information provided by the Member during the membership process. The Member agrees that the address provided during the membership process is their valid notification address and that any changes to this address must be notified to ELF PRIVE in writing. Notifications sent to the e-mail address provided by the Member during the membership process will be considered as received by the Member on the same day.