Membership Agreement
1. Parties
On one side, residing at …….., operating the activities of the website https://9poly.fashion/membership-aggrement/ and the mobile application (hereinafter referred to as the “Platform") …….. (hereinafter referred to as “9POLY FASHİON"), and on the other side, the internet user who becomes a member of the Platform (hereinafter referred to as the “MEMBER"), have signed this Agreement, and “9POLY FASHİON" and “MEMBER" collectively referred to as the parties.
2. Subject of the Agreement
The subject of this Agreement is to determine the conditions of use for the MEMBER of the website https://9poly.fashion/membership-aggrement/ and mobile application where 9POLY FASHİON sells products for which it has production and marketing rights.
3. Membership
The MEMBER will log in to the website https://9poly.fashion/membership-aggrement/ and mobile application owned by 9POLY FASHİON by reading and approving this agreement and completing the membership procedures, using a username (email address) and password determined by themselves.
The MEMBER declares and undertakes that the information requested from them during the membership process is correct and complete, and in case of any damages suffered by 9POLY FASHİON due to inaccurate, incomplete, and/or incorrect information provided, they will compensate all direct and indirect damages immediately. In case of detection of any contrary situation, 9POLY FASHİON reserves the right to restrict, block, suspend, or terminate the membership of the MEMBER, while reserving all kinds of claims, lawsuits, and follow-up rights.
The MEMBER declares and undertakes that they are over 18 years old and meet the necessary legal requirements. 9POLY FASHİON reserves the right to restrict, block, suspend, or terminate the membership of the MEMBER, reserving all kinds of claims, lawsuits, and follow-up rights.
The MEMBER has the right to change and update their commercial electronic communication preferences and membership information through the platform.
4. Rights and Obligations of the Parties
4.1. The MEMBER declares and undertakes that the information provided while becoming a member of the Platform is correct and complete, and in case of any damages suffered by 9POLY FASHİON due to the inaccuracy of this information, they will compensate all direct and indirect damages immediately.
4.2. The MEMBER cannot give or enable others to use the password they have determined while becoming a member of the Platform. The right to use the password belongs solely to the MEMBER. The MEMBER accepts, declares, and undertakes that all transactions performed with the email address and password determined by them during registration on the Platform are performed by themselves, and therefore, they are solely responsible for all liability and any claims and demands that may be raised against 9POLY FASHİON by third parties or authorized authorities, and they will compensate all kinds of damages suffered by 9POLY FASHİON.
4.3. The MEMBER agrees and undertakes to comply with the legal regulations while using the platform and not to violate them. Otherwise, all legal and penal liabilities arising will be solely and exclusively the responsibility of the MEMBER.
4.4. The MEMBER cannot use the Platform for purposes that disrupt public order, violate general morality, disturb and harass others, are contrary to the law, or infringe upon the intellectual and copyrights of others. Additionally, the MEMBER cannot engage in activities and transactions that prevent or hinder others from using the services (spam, virus, trojan horse, etc.). In this context, the MEMBER declares and undertakes that they will compensate all direct and indirect damages suffered by 9POLY FASHİON due to any acts of disruption, alteration, partial or complete damage, virus dissemination, and any kind of illegal and/or fraudulent behavior on the Platform, and they are solely responsible for any claims and demands that may be raised against 9POLY FASHİON by third parties or authorized authorities. In case of detection of any contrary situation, 9POLY FASHİON reserves the right to restrict, block, suspend, or terminate the membership of the MEMBER, while reserving all kinds of claims, lawsuits, and follow-up rights.
4.5. Any statements, ideas, and opinions written by members on the Platform are solely their personal opinions, and 9POLY FASHİON has no responsibility for any damages that the MEMBER may suffer from these statements, ideas, and opinions. The MEMBER is solely responsible for any statements, ideas, and opinions shared by themselves, and they declare and undertake that they are responsible for all direct and indirect damages that 9POLY FASHİON may suffer due to the unlawful nature of the shared statements, ideas, and opinions. In such a case, 9POLY FASHİON reserves the right to delete the relevant comment, restrict, block, suspend, or terminate the membership of the MEMBER, while reserving all kinds of claims, lawsuits, and follow-up rights.
4.6. 9POLY FASHİON will not be liable for unauthorized access to member data by unauthorized persons and for any damages that may occur to member software and data. The MEMBER expressly agrees not to claim compensation from 9POLY FASHİON for any damages that may arise due to the use of the Platform. 9POLY FASHİON has taken necessary security measures to ensure that the Platform is free from viruses and similar malicious software, within its capabilities. However, the MEMBER acknowledges that they are responsible for all errors that may occur in their software and operating systems while using the Platform and their direct or indirect consequences.
4.7. In the event of a violation of the terms of this membership agreement by the MEMBER, they will be solely and exclusively liable for the damages arising from the violation in terms of both penal and civil liability, and 9POLY FASHİON will have no penal and legal liability. The MEMBER accepts, declares, and undertakes that they will compensate for all kinds of damages suffered by 9POLY FASHİON due to such violation(s). Additionally, 9POLY FASHİON reserves all rights to any legal action, lawsuit, and compensation claim due to non-compliance with the terms of this agreement.
4.8. The MEMBER declares and undertakes not to access or use the software and data of other internet users without permission. Otherwise, all legal and penal liabilities arising will be solely the responsibility of the MEMBER.
4.9. 9POLY FASHİON has the right to change, update, cancel, or terminate any provision of the membership agreement, any service provided, and the content of the Platform without any notice or warning, as well as to unilaterally restrict, block, suspend, or terminate the membership of the MEMBER. Each provision of the Membership Agreement that is changed, updated, or abolished will be effective for all members as of the publication date. The MEMBER accepts and acknowledges these matters.
4.10. The trademark and logo of 9POLY FASHİON, the software and design of the Platform, and all kinds of content on the Platform, whether protected under the Law on Intellectual and Artistic Works or not, such as any kind of trademark, logo, slogan, etc., are owned by 9POLY FASHİON, and their copyright and/or other intellectual property rights are protected by relevant laws. These cannot be used, acquired, or modified without permission from the MEMBER. In
case of any contrary situation, the MEMBER is liable for all kinds of direct and indirect damages suffered by 9POLY FASHİON.
4.11. 9POLY FASHİON collects and protects the data of members in compliance with the Personal Data Protection Law No. 6698. The MEMBER can access detailed information regarding the processing and protection of their personal data at https://9poly.fashion/membership-aggrement/
4.12. 9POLY FASHİON has the authority to send informative emails to the electronic mail addresses registered by the members and informative SMS messages to their mobile phones without the need for any notification or warning. By approving this membership agreement, the MEMBER will be deemed to have accepted the sending of informative emails to their email address and informative SMS messages to their mobile phone. If the MEMBER wishes to opt out of receiving emails and/or SMS messages, they can perform the cancellation process through the “My Account" section under “Preferences".
4.13. 9POLY FASHİON has the right to cancel any order that raises suspicion of the unauthorized use of credit cards used in shopping or the use of fake or stolen credit cards without prior notice to the MEMBER, and the MEMBER agrees and accepts that they will not make any claims due to such order cancellation.
4.14. 9POLY FASHİON processes and protects the personal data of its members in compliance with the Law on Protection of Personal Data No. 6698. The MEMBER acknowledges and accepts this.
4.15. The parties agree that all computer records belonging to 9POLY FASHİON shall be considered as the sole and authentic evidence in accordance with Article 193 of the Turkish Civil Procedure Law, and these records constitute an evidence agreement.
5. Termination of the Agreement
This agreement shall remain in force until the termination of the membership of the MEMBER by cancellation or by 9POLY FASHİON until the termination of the membership. In case the MEMBER violates any provision of the membership agreement, 9POLY FASHİON may unilaterally terminate the agreement by canceling the membership of the MEMBER.
5. Resolution of Disputes
In case of disputes arising from this agreement, the Istanbul Courts and Execution Offices shall have jurisdiction.
6. Effectiveness
The registration of the MEMBER implies that they have read all the provisions of the membership agreement and accepted them. This Agreement shall be concluded and become effective mutually as of the moment the MEMBER becomes a member.