USER AGREEMENT
1. Parties to the Agreement:
This Agreement is entered into on the date as confirmed by the following parties electronically in accordance with the provisions herein:
a) DESIGN MARKET IC VE DIS TICRET LIMITED SIRKETİ (hereinafter, ‘DESIGN MARKET’) having its registered address at Harbiye Mahallesi, Atiye Sokak, Yuva Apartmani, No:8/A Sisli/Istanbul Turkey who operates under the domain name www.designmarketworld.com (hereinafter, the ‘Platform’ or the ‘Web Site’), and
b) the web site user, who is registered his/her membership on the Platform, residing at the address to be specified by him/her on the membership page (hereinafter, the ‘User’ or the ‘Member’)
User Name-Surname: as provided by the User during registration on the Platform
User Address: as provided by the User during registration on the Platform
User’s Email: as provided by the User during registration on the Platform
User’s Mobile Nr.: as provided by the User during registration on the Platform
2. Subject Matter of the Agreement:
This Agreement sets forth the terms and conditions that govern the use of the website www.designmarketworld.com by the User and the membership privileges offered by DESIGN MARKET as the service provider.
3. Membership Terms:
3.1. User must register necessary identity information in the relevant sections of the Platform to become a member. Following this registration process, the membership will be approved by DESIGN MARKET and a confirmation email will be sent to the User. Since the membership will only be valid upon the approval of DESIGN MARKET, before such approval the User cannot benefit from the membership privileges announced on the Platform.
3.2. The User must be 18 years of age to become a member of the Platform. Pursuant to the terms and conditions here in this Agreement, if a User is prohibited, suspended or removed from the membership by DESIGN MARKET, such User cannot re-register.
4. Rights and Obligations of the Parties:
4.1. Matters not explicitly committed for in this Agreement cannot be interpreted against DESIGN MARKET as they were. Unless otherwise declared by DESIGN MARKET in writing, DESIGN MARKET shall have the right to charge the fees announced on the Platform for the services and products provided. Notwithstanding this, no monetary obligation and/or commitment shall not be imposed upon the Member under this Agreement. The Member will be responsible to pay the purchase price and related fees if applicable, only after the conclusion of the Distance Sales Contract regarding his/her order. No additional fees shall occur in connection with the membership.
4.2. The website/platform subject to this Agreement is under the ownership of DESIGN MARKET with all rights thereto and DESIGN MARKET is the sole operator of the Platform acting as Service Provider pursuant to the Turkish Law on Electronic Commerce numbered 6563.
4.3. Following the entry into force of this Agreement, DESIGN MARKET may develop different membership types with altered features, privileges, discount rights, or with other wider rights than the rights granted to the User at this time, or paid-up and/or premium memberships. Such alterations shall not change the monetary terms applied to the User unless consented to by himself/herself but if not consented such User cannot request to be benefitted from the new and paid-up services without upgrading or activating his/her membership.
4.4. The Member declares and undertakes that the personal data and other information provided by himself/herself while registering to www.designmarketworld.com are true and valid according to law and he/she shall indemnify DESIGN MARKET in case DESIGN MARKET suffers from any damages due to Member’s misstatement.
4.5. The password created for member account on the Platform shall only be used by the Member himself/herself and the Member shall solely be responsible if he/she shares the password with third parties. DESIGN MARKET reserves the right to compensation regarding any and all claims related hereto made by third parties and authorized persons addressed to DESIGN MARKET.
4.6. The Member accepts and undertakes to be abide by the legislations in force and not violate them when benefitting from the membership advantages on the Platform. Otherwise, the Member shall be responsible for all legal and penal liabilities arising thereto.
4.7. The Member shall not use the Platform in a way disturbing the public order, violating public morality, disturbing and/or harassing others, serving unlawful purposes, infringing others’ tangible and/or moral rights. While using the Platform, Member must not engage in activities that prevent or make difficult (spam, viruses, trojan horses, etc.) for others to benefit from the Platform services. Otherwise, Member shall be responsible for all legal and penal liabilities and DESIGN MARKET shall have the right to recourse.
4.8. Any ideas or opinions expressed, written and used by the members on the Platform are deemed to be personal and shall only bind the holder of such opinion or idea and such cannot in anyway be associated with DESIGN MARKET. DESIGN MARKET shall not be liable for any third-party damages that may occur due to such ideas and opinions expressed by the members and the damages that the members may suffer.
4.9. The necessary measures are taken by DESIGN MARKET to prevent unauthorized access to user data and to prevent any damages to user software. Not withstanding that; the username and password for the member account to perform member activities is solely created by the Member and therefore the security and privacy of such is the responsibility of the Member as indicated above in sub-article 4.5. The Member accepts, declares and undertakes that the activities carried out with his/her own user name and password are deemed to have been carried out by him/her and that he/she will solely be responsible for such activities and that he/she shall not claim or object to such activities on the grounds that those have not been carried out by him/her and that he/she shall not refrain from fulfilling membership obligations on such grounds.
4.10. By accepting this Agreement, the Member agrees not to conduct unauthorized access to other user/member data and not to use such data in anyway. The Member is also not allowed to ruin, damage or alter the website as a whole or partially and not allowed to do reverse engineering on the Platform. Otherwise any legal and penal liability arising from such shall be borne by the Member and DESIGN MARKET reserves the right to compensation from the Member and the right to have recourse to the Member in case of any damages done to DESIGN MARKET due to the above.
4.11. In case the Member breaches any one or more of the provisions here in this User Agreement, he/she shall be solely responsible for any legal and penal consequences and shall hold DESIGN MARKET harmless from any legal and penal consequences thereto. In addition to that; DESIGN MARKET reserves the right to compensation against the Member in case such violation of the User Agreement are consequentially reverted to judicial and administrative bodies.
4.12. The User initially accepts that DESIGN MARKET has the right to delete the membership account, the membership data and membership files at any time, unilaterally. In such a case no responsibility can be attributed to DESIGN MARKET.
4.13. DESIGN MARKET has the right to alter, amend and/or remove the data and/or Platform services on the website, at any time without prior notice to the members. DESIGN MARKET has taken the necessary measures to ensure that website and Platform services are functioning error-free. However no guarantees are given regarding any errors that exist or may occur on the Platform.
4.14. DESIGN MARKET and its officials, representatives, managers, employees and the persons who prepare and/or procure the services on the website on behalf of DESIGN MARKET cannot be held responsible for any and all direct and/or indirect, tangible or intangible damages as a result of accessing www.designmarketworld.com, or using the information on the Platform or receiving services via the Platform.
4.15. The Member accepts and undertakes not to act in bad faith to gain unfair advantages from the campaigns and privileges offered on the Platform and not to violate any terms of any campaigns on the Platform.
4.16. Under any circumstances the members are not allowed to alter, copy, reproduce or republish the content and the materials on www.designmarketworld.com.
4.17.In order to improve and develop the Platform and in accordance with the current legal framework DESIGN MARKET may collect data regarding the name and IP (internet protocol) address of the internet service provider used for accessing www.designmarketworld.com, the date and time of access to the Platform website, the pages accessed while visiting the Platform website and the IP address of the website which enabled direct access to www.designmarketworld.com.
4.18.In the event member’s personal data is requested as a statutory obligation or it is required to comply with pertinent legal obligations or with the legal actions that are notified to DESIGN MARKET or to the Platform, or it is urged for to protect and defend the rights and titles of DESIGN MARKET and the Platform, DESIGN MARKET may disclose member’s personal data in good faith if deemed
appropriate. Such shall not be contrary to Article 8, herein below.
4.19. DESIGN MARKET has taken necessary measures to ensure that the website is free from viruses and similar malicious software. Nevertheless, the User must obtain his/her own virus protection system and maintain the necessary level of security for ultimate protection. In this regard, the User is deemed to have accepted the responsibility regarding any errors and their direct and/or indirect consequences that occur whilst entering the Platform due to User’s own software and operating system.
4.20. DESIGN MARKET reserves the right at all times to change the website content, alter or cancel any services provided to the users on the website or delete user information, remove products and withdraw from sale.
4.21. DESIGN MARKET has the sole right to change, update or cancel the terms of this User Agreement at any time without prior notice. Any terms or provisions that are changed, updated or cancelled shall have effect on the date of publication.
5. Term and Termination of the Agreement :
5.1.This Agreement is entered into force on the date accepted by the Member in electronic environment and shall be valid for an indefinite period until terminated by either of the Parties. DESIGN MARKET shall not be bound with the Agreement if it is accepted by the Member electronically as stated herein.
5.2. This Agreement remains in force until the Member or DESIGN MARKET cancels his/her membership. In case the Member violates any of the provisions herein, DESIGN MARKET has the right to suspend or entirely cancel the membership and terminate the Agreement unilaterally.
5.3. In the event a membership is terminated pursuant to this article, Parties shall perform their rights and obligations under this Agreement in full until the effective date of such termination.
6. Dispute Resolution :
This Agreement and any dispute or claim arising out of or in connection with this Agreement shall be governed by and construed in accordance with the laws of Republic of Turkey and the Istanbul Central Courts and Execution Offices shall have sole jurisdiction.
7. Intellectual Property :
The trademark and logo of DESIGN MARKET, the design, software and domain name of the Platform www.designmarketworld.com and other brands, logos, designs, slogans, commercial presentations and all content created by DESIGN MARKET in relation to the aforementioned are under the ownership of DESIGN MARKET with all rights thereto. The Member cannot use, share, distribute, display, reproduce the intellectual properties of DESIGN MARKET without due consent and/or cannot produce derivative works from such intellectual properties. The Member cannot use the whole or parts of the website on other platforms without due consent by DESIGN MARKET. In case the Member violates the terms of this article, he/she shall be obliged to compensate all direct and indirect damages of DESIGN MARKET arising out of such violation.
8. Privacy and Personal Data Protection :
The personal data, in particular the name, surname, address, email and mobile number of the Member provided by himself/herself through the Platform are processed by DESIGN MARKET in accordance with the Turkish Law on Data Protection numbered 6698 and all other relevant legislation in force. Within the scope of DESIGN MARKET’s performance and obligations under this Agreement, DESIGN MARKET collects, processes, protects, maintains security and privacy of the Member’s personal data as clarified in the Privacy Notice and in the Personal Data Protection and Processing Policy to be found on the Platform. In accordance with the laws DESIGN MARKET is entitled to share such data with official bodies if requested by following the applicable data transferring procedures, in case of necessity.
9. Miscellaneous Provisions:
9.1. The addresses stated by the Parties according to this Agreement are their addresses suitable for notification, and any notification sent to such addresses shall be deemed legally valid unless any changes of addresses have been notified to the other Party in writing. The notification regarding the confirmation of this Agreement shall be made to Member’s email address or via SMS or call through the mobile number as all of which are declared by the Member during registartion phase. The Member is solely responsible for the accuracy and currentness of his/her contact information for the formation of membership and DESIGN MARKET cannot be held responsible if the membership cannot be established due to incorrect user information.
9.2. Parties agree that the official books and commercial records of DESIGN MARKET shall constitute binding legal evidence for any disputes arising from this Agreement.
9.3.Neither of the Parties shall be liable for delay or default in the performance of its respective obligations under this Agreement if such delay or default is caused by conditions beyond their reasonable control and arisen after the entering into force of this Agreement, including, but not limited to natural disasters, fire, explosions, civil wars, wars, uprisings, strikes, epidemics, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God (together referred to as Force Majeure) that directly prevent the Parties in performing their obligations and/or make them impossible to perform during the term of this Contract. The parties agree that the circumstances and reasons known at the entering date of this Agreement are not deemed within the scope of the Force Majeure events.
9.4. By registering for membership, the Member is deemed to have read and accepted all the terms of this Agreement. This Agreement is mutually done and entered into force on the moment of Member’s registration. The confirmation by the Member in electronical environment shall suffice and no further signature of the Parties are required.