MEMBERSHIP AGREEMENT

MEMBERSHIP AGREEMENT

 PARTIES

This agreement is made at Ahmet Yesevi Mah. Kerem Sk., A Blok No: 9,  Inner Door No: 404 Pendik, Fitobiyota Health Laboratory Biotechnology Food Cosmetics Industry and Trade Inc.,located at 34903 Istanbul, Turkey(hereinafter referred to as “Fitobiota” or “ Seller” ), and This agreement is concluded between the User and the website with the domain name www.fitobiyota.com, for the purpose of the User becoming a member of the Site and at the moment the agreement is electronically approved by the User.

By becoming a member of the Site, the User acknowledges, declares, and undertakes that they have read this entire agreement, fully understand its content, and agree to all its terms.

  1. DEFINITIONS

 

SITE                           www.fitobiyota.com will be referred to as "SITE" in this agreement.

 

USER              : A natural or legal person whose membership is approved by FITOBİYOTA after completing the registration process on the SITE and who benefits from the services offered on the SITE under the conditions specified in this agreement.

 

BUYER                         : The USER is the person who purchases goods and/or services offered for sale by the SELLER by using the services provided on the SITE. 

 

SALES PERSON                       FITOBİYOTA is the company that offers for sale to other USERS goods and/or services that it legally owns and has the right and authority to dispose of.

 

POOL ACCOUNT        : The bank account managed by FITOBİYOTA for the processingof payments .

 

 

 

  1. SUBJECT OF THE AGREEMENT

a)     The subject of this agreement is the services offered on the website www.fitobiyota.com, the terms and conditions for using these services, and the rights and obligations of the parties. It constitutes.

b)    This agreement is concluded between FITOBİYOTA and the USER who registers on the SITE, at the moment the USER electronically approves this agreement located on the SITE for the purpose of becoming a member.

  1. MEMBERSHIP REQUIREMENTS

a)     To become a member of the website www.fitobiyota.com, one must be of legal age according to the Turkish Civil Code and not be suspended or banned from membership.

b)    Membership is completed by the individual wishing to become a USER registering through the relevant section of the SITE by submitting their membership information, and by FİTOBİYOTA approving the registration process.

c)     To activate the membership, FITOBİYOTA will send an email to the USER to the email address specified in the membership form (mail@fitobiyota.com).  The activation number sent must be entered by the USER into the relevant section of the SITE.

 

  1. USER'S RIGHTS AND OBLIGATIONS

a)     The USER undertakes to comply with the terms of this agreement, the rules of the SITE, and applicable laws and regulations while completing membership procedures, utilizing the SITE's services, and performing any transactions related to the services provided on the SITE.

b)     The USER undertakes that the information and content provided to the website www.fitobiyota.com are accurate and lawful, and that they accept all statements, notifications, and listing rules stated on the website fitobiyota.com.

c)     The USER may only use the website www.fitobiyota.com for lawful purposes.  The USER can perform operations on the website with the domain name www.fitobiyota.com.  on  He/she is solely responsible for the legal and criminal consequences of his/her actions and deeds.

 

d)    The USER acknowledges that, as required by law, FITOBİYOTA is authorized to disclose its confidential/private/commercial information to both official authorities and rights holders, and therefore agrees not to claim any compensation from FITOBİYOTA.

to)     The USER may not transfer their rights and obligations under this Membership Agreement, in whole or in part, to any third party.

f)      The USER shall not use the photographs, images, designs, graphics, signs, trademarks, audio and visual images, video clips, texts, files, databases, computer programs found on the SITE in a manner that constitutes an infringement of the personal, property, intellectual and industrial rights or assets of FITOBİYOTA and/or any other third party.  not to copy or reproduce the catalogs,  It undertakes not to distribute, process, or otherwise compete directly and/or indirectly with FITOBİYOTA through the aforementioned actions and/or in any other way.

g)     The USER shall not engage in mass advertising for purposes contrary to law, morality and/or public order.  The user agrees and undertakes not to engage in posting or similar activities, not to send frivolous messages containing insults, obscenities, or content that contradicts societal moral standards, to be responsible for all comments made on user profiles, and not to post frivolous comments containing insults, obscenities, or content that contradicts societal moral standards on user profiles. Any liability arising from contrary to these provisions rests solely with the USER. The USER agrees and undertakes to compensate FITOBİYOTA for any direct/indirect, material/moral damages it may suffer due to such actions for any reason.

h)     The "usernames" uploaded by the USER when registering on the SITE are subject to the provisions contained in this USER Agreement, and the USER accepts, declares, and undertakes not to infringe on the legal rights of third parties, such as copyright, trademark, or trade name, when choosing a "username"; any responsibility arising from such actions belongs to the USER.

  1. BUYER'S RIGHTS AND OBLIGATIONS

a)     The BUYER has the right to purchase products offered for sale by the SELLER on the SITE. By submitting an offer for any item/service offered for sale, the BUYER is deemed to have accepted the terms and conditions of sale determined by the SELLER, along with the description of the item/service.

b)    The BUYER acknowledges that if, for any reason whatsoever, the SELLER abandons the sale and delivery of the goods/services at any stage of the buying and selling process taking place on the SITE, the SELLER shall have no responsibility or liability whatsoever; and that the BUYER shall not receive the product or an equivalent that the BUYER attempted to purchase from the SELLER.  He acknowledges, declares, and undertakes that he cannot demand the supply of anything in any way whatsoever, or any compensation arising therefrom.

c)     The BUYER is obligated to inspect the goods/services purchased and, in the event that the goods/services received are defective, acknowledges, declares, and undertakes to direct all legal rights arising from the Consumer Protection Law and all other legislation against the SELLER from whom the goods/services were purchased. If the BUYER claims that the goods were damaged during shipping, they shall note this fact on the shipping delivery documents; otherwise, the responsibility lies with them. If they believe the delivered goods are defective, they shall immediately notify the seller.

  1.  SELLER'S RIGHTS AND OBLIGATIONS

a)     The SELLER acknowledges, declares, and undertakes that the goods and services offered for sale on the SITE belong to them and that there are no legal or other impediments to their sale of these goods/services. The SELLER acknowledges, declares, and undertakes that the goods/services offered for sale do not violate the terms of the Membership Agreement or the rules and conditions regarding the use of the SITE and the services offered on the SITE, as specified in certain parts of the SITE, and that they comply with all applicable legislation. The SELLER acknowledges, declares, and undertakes that the sales advertisements they publish comply with all legislation, particularly those arising from Consumer Protection and Advertising Law.

b)    The SELLER, in accordance with the Membership Agreement, agrees, declares, and undertakes to deliver the goods/services on time, undamaged, in accordance with the specifications stated on the SITE, and free from defects; and that the sale of the goods/services to the BUYER, the transfer of ownership and related rights, and all obligations belong solely to the SELLER.

c)     The corporate SELLER, having legal personality, is obligated to ensure that a written contract is concluded between the parties in accordance with the provisions of the Consumer Protection Law - Distance Sales Regulation before the delivery of the goods/services to the BUYER, and to deliver a copy of the contract to the BUYER.

 

d)    The SELLER agrees and undertakes to deliver to the BUYER, along with the goods and services, all necessary documents such as the invoice, delivery note, invoice with delivery note, warranty certificate, and user manual.

to)     The SELLER is obligated to ensure that a written contract is concluded between the parties for the goods and services sold, in accordance with the provisions of the Consumer Protection Law and the Distance Sales Regulation, before delivery to the BUYER, and to deliver a copy of the contract to the BUYER.

f)      FITOBİYOTA reserves the right to change the services and content offered on the SITE at any time; to restrict access to and delete information and content uploaded by USERS, including access by USERS themselves and third parties. FITOBİYOTA may exercise this right without any notice or prior warning. The rules and conditions that USERS are obligated to comply with regarding these changes and/or adaptations made by FITOBİYOTA will be announced to USERS by FITOBİYOTA on the webpage containing explanations regarding the use of the relevant service. USERS are obliged to promptly implement the changes and/or corrections requested by FITOBİYOTA. Changes and/or corrections requested by FITOBİYOTA may be made by FITOBİYOTA itself if deemed necessary. Any damages, legal and criminal liabilities arising from or potentially arising from the USER's failure to promptly comply with the changes and/or corrections requested by FITOBİYOTA shall be entirely the responsibility of the USER.

g)     FITOBİYOTA may provide links on the SITE to other websites and/or portals, files, or content owned and operated by third parties that are not under FITOBİYOTA's control. These links do not constitute an endorsement of the website or the person operating the website, nor do they represent any kind of statement or guarantee regarding the website or the information contained therein. FITOBİYOTA has no responsibility for the portals, websites, files, and content accessed through links on the SITE, the services or products offered, or their contents.

h)    FITOBİYOTA may use the USER information or membership-related USER information found on the SITE in any way it deems appropriate for USER security, fulfilling its own obligations, and for certain statistical evaluations. It may classify and store this information in a database.

i)      FITOBİYOTA may remove messages and/or content that are contrary to the operation of the SITE and/or the general rules of the SITE and/or general moral principles and that are unacceptable to FITOBİYOTA, at any time and in any manner it deems appropriate; FITOBİYOTA may terminate the membership of the USER who posted such messages and/or content, temporarily or permanently, without any prior notice.

j)       USERS and FITOBİYOTA are legally independent parties. There is no partnership, agency, or employer-employee relationship between them. Approval and implementation of the USER Agreement does not create a partnership, agency, or employer-employee relationship.

k)    FITOBİYOTA reserves the right to request the USER to rectify any situation that infringes upon the copyright, trademark, or trade name rights of third parties using the "usernames" chosen by the USER when registering on the SITE, and may also temporarily or permanently cancel the USER's membership without prior notice. The provisions of Article 5(h) of this agreement are reserved.

l)      FITOBİYOTA shall not be held directly or indirectly liable for any damages suffered or that may be suffered by the USER and/or third parties due to any negligence or fault on the part of FITOBİYOTA regarding the security, safekeeping, protection from third-party access, and use of the USER's login credentials.

m)   FITOBİYOTA cannot be held directly and/or indirectly liable in any way for any damages suffered or that may be suffered by third parties due to the USER's activities on the SITE that are contrary to the provisions of this agreement and/or the law.

n)    FITOBİYOTA is not obligated or responsible for investigating the accuracy of information and content transmitted to FITOBİYOTA by the USER or uploaded, modified, or provided by them through the SITE, nor does it guarantee or warrant that such information and content is secure, accurate, and legally compliant. Furthermore, FITOBİYOTA cannot be held liable for any damages arising from the inaccuracy or errors in such information and content.

 

 

 

 

7.     SECURITY

a)     FITOBİYOTA guarantees that it will not share the system access tools (username, password, etc.) used by the USER to access the services offered on the SITE with third parties.

b)    FITOBİYOTA undertakes not to use the USER's personal and credit card information in a manner contrary to the laws and regulations of the Republic of Turkey, general moral and social rules, and not to share it with third parties except for legal transactions.

c)     The purpose for which the information provided by the USER in various surveys and similar studies will be used is stated at the time the information is collected. Access to and modification of the USER's information belongs solely to the USER.  FITOBİYOTA reserves the right to analyze, interpret, and share general USER information, excluding personal information, with reputable business partners in order to improve its services, add new ones, and maximize customer satisfaction.

 INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

a)     All elements of the SITE (including but not limited to design, text, images, HTML code and other codes) are owned by FITOBİYOTA (works subject to FITOBİYOTA's copyrights) and/or used under a license obtained by FITOBİYOTA from a third party. USERS may not resell, share, distribute, display, reproduce, process, create derivative works from, or allow others to access or use FITOBİYOTA's services, information, and copyrighted works; otherwise, they will be responsible for compensating FITOBİYOTA for any damages incurred by third parties, including but not limited to licensors, and for all other liabilities, including but not limited to court costs and attorney fees.

b)    FITOBİYOTA reserves all its assets, real and personal rights, commercial information and know-how, including but not limited to its services, information, copyrighted works, trademarks, FITOBİYOTA trade dress, or any other tangible and intangible property rights it possesses through the SITE.

 

 

 

8.      CONTRACT AMENDMENTS

FITOBİYOTA may, at its sole discretion and unilaterally, amend this USER Agreement at any time by posting the changes on the SITE. The amended provisions of this USER Agreement will become effective on the date of their announcement; the remaining provisions will remain in effect and continue to produce their legal consequences. This USER Agreement cannot be amended by the USER's unilateral declarations.

9.      FORCE MAJEURE

In all cases legally considered "force majeure," FITOBİYOTA shall not be liable for any delay, incomplete performance, or non-performance of any of its obligations set forth in this Membership Agreement. Such circumstances shall not be considered a delay, incomplete performance, non-performance, or default for FITOBİYOTA, and no compensation under any name shall be claimed from FITOBİYOTA for such circumstances. The term "force majeure" shall be interpreted as unavoidable events beyond the reasonable control of the relevant party and which could not be prevented despite exercising due diligence, including but not limited to natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power outages, and adverse weather conditions.

12. APPLICABLE LAW AND JURISDICTION

Turkish Law shall apply to the implementation, interpretation, and management of legal relationships arising from this Membership Agreement. The Istanbul Courts and Enforcement Offices shall have jurisdiction over any disputes arising from or potentially arising from this USER Agreement.

13. TERMINATION OF THE AGREEMENT

a)     This USER Agreement shall remain in effect and continue to produce its terms and consequences between the parties as long as the USER is a member of the SITE; it shall be deemed terminated in the event that the USER's membership expires or is temporarily or permanently suspended.

b)     FITOBİYOTA may unilaterally terminate this Membership Agreement if USERS violate this Membership Agreement and/or similar rules regarding the use, membership, and Services contained within the SITE, and especially in the cases listed below, and USERS will be obliged to compensate FITOBİYOTA for all damages incurred as a result of the termination:

 

  • The USER engaging in actions that infringe upon and/or pose a risk of infringing upon the rights of third parties,
  • Any behavior by the USER that in any way hinders or damages the operation of the SITE,
  • The USER transferring or making available to another person the USER profile created for them,

By becoming a member of the SITE, the USER acknowledges, declares, and undertakes that they have read the entire Membership Agreement, fully understand its content, and agree to all its terms. By accepting the terms of this Membership Agreement, the USER also accepts all statements made by FİTOBİYOTA within the SITE regarding usage, membership, and Services. The USER acknowledges, declares, and undertakes to act in accordance with all matters stated in the aforementioned statements.