1.1. This membership agreement (hereinafter “Membership Agreement”) is made between CORONITY Health Technologies Industry and Trade Inc. whose main office is located at the address: Huzur Mah. Fatih Cd. No:119 B Sarıyer, İstanbul (hereinafter “CORONITY”) and the Member (hereinafter “Member”) to determine the terms and conditions when the Member uses the Services provided by CORONITY on its Website.
1.2. In this Membership Agreement, CORONITY and the Member shall be individually referred to as a “Party” and collectively referred to as the “Parties”.
My Account Page refers to the page special to the Member which can only be accessed with a user name and password determined by the Member. The page the Member can take necessary actions and enter the requested information depending on the application to use different applications and Services on the Website.
Service refers to the services and applications offered by CORONITY or CORONITY’s business partners in order to enable the Members to perform business and transactions defined in this Membership Agreement.
Virtual Store refers to the virtual space which CORONITY has allocated in line with its procedures and rules. The virtual space can accommodate advertisements which includes the content and images for the sale of one or more product(s) and/or services.
Member refers to the real person who becomes a member of the Website within the scope of this Membership Agreement with CORONITY and who purchases the products and/or services offered by the CORONITY with the advertisements placed on the Website.
Website refers to the Internet site with the domain name www.coronity.com, mobile applications and mobile site owned by CORONITY where it offers the Products and Services specified by this Agreement.
Visitor refers to the real person who uses the Website without becoming a Member and benefits from the Services.
3. THE SCOPE AND PURPOSE OF MEMBERSHIP
3.1. CORONITY who operates the Website and is a service provider in accordance with the Law on the Regulation of Electronic Commerce No. 6563.
3.2. In accordance with the Membership Agreement, the Member wants to become a member of the Website, benefit from the Services and purchase the products and/or services offered by CORONITY at the Virtual Store on this platform.
3.3. The purpose of the Membership Agreement is to specify the conditions for benefiting from the Services and to determine the rights and obligations of the Parties. Upon the acceptance of the Membership Agreement by the Member, the Member declares and undertakes that she/he has accepted all kinds of statements regarding the Services, use, content, applications and Members on the Website.
3.4. In order to avoid doubt, this Membership Agreement is only between the Parties and includes the terms and conditions for the Services that are and will be available on the Website. Members will be able to demand their rights within the scope of the Law on Consumer Protection No. 6502 and other relevant legislation against CORONITY regarding the transactions they perform at the Virtual Store.
4.THE RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. In order to gain the status of membership, the Member Agreement must be approved and the information requested on the membership page must be filled with accurate and up-to-date information. The user who wants to become a member must be at least 18 (eighteen) years old. The Member, who does not provide accurate and up-to-date information while filling the Membership Agreement, is personally responsible for all damages that may arise due to this reason.
4.2. If there occurs a dispute about who owns the membership rights and obligations and if these persons in question make a request to CORONITY about the issue, CORONITY accepts the last person, who made a payment for any Service using the concerned Membership account, as the owner of the Membership account and has the right to act accordingly.
4.3. As CORONITY is the seller of any product or service on its Website and therefore it is the “product / service provider” in accordance with the Law on the Regulation of Electronic Trade No. 6563, it is responsible for the content it has published on its website and has an obligation to check whether the content in question is in line with the law. Thus, CORONITY reserves the right to check the content of the comments and opinions shared on the Website by the members and visitors and to exercise its discretion to delete them or close them to access if necessary. Any person who violates the rights of CORONITY or third parties with any visual, written and other content they have published on the Website is responsible to CORONITY and/or to the third parties in question.
4.4. The Member accepts and declares that CORONITY is the selling party and the Member himself/herself is the buying party in a distance selling agreement to be made for purchases he/she has made on the website and that CORONITY will be responsible to the Member in accordance with the consumer law and other legislation in force. In this context, the Member agrees and declares that CORONITY is solely responsible for the quality, legality, warranty and invoicing of all the products which are exhibited and sold at the Virtual Store, delivery of the other necessary documents, services such as repair services, etc. required after the sale, and on-time delivery of the products.
4.5. The Member accepts and declares that the he/she will act in compliance with the provisions of this Membership Agreement, the conditions specified on the Website, the current legislation and ethical rules in the transactions and correspondence he/she will realize on the Website. The Member shall have legal and penal responsibility for the transactions and actions he/she has performed on the Website.
4.6. Pursuant to the legislation in force, CORONITY may share the information CORONITY has about the Member upon the request of the authorities in accordance with the Law on Protection of Personal Data No. 6698 by informing the Member in advance if necessary in line with the data transfer rules.
4.7. In the event of a dispute arising from a misuse of the Website by a Member and/or Members or an issue which can be considered a crime according to the Turkish Commercial Code No. 6100, the personal data obtained from Members during membership and/or shopping may be shared with other Member and/or Members who may become a party to the dispute only about the requested issue so that they can exercise their legal rights after notifying the related person if necessary in accordance with the Law on Protection of Personal Data No. 6698 and in line with data transfer rules.
4.8. The member name and password information the Member needs to access the My Account Page and to carry out transactions on the Website are created by the Member, and therefore security and confidentiality of such information is completely under the responsibility of the Member. The Member accepts, declares and undertakes that he/she is responsible for the transactions carried out with his/her username and password, that he/she has all the responsibility for these transactions, that he/she cannot object to business and transactions performed in this way, and that he/she cannot refrain from fulfilling their obligations based on these objections.
4.9. The Member shall not use the Website in a manner contrary to law and ethics, in particular the cases listed below:
4.9.1. Using the Website to create a database, record or directory on behalf of any person;
4.9.2. Using the whole or part of the Website for distortion, modification or reverse engineering;
4.9.3. Performing operations using incorrect information or someone else’s information, creating fake accounts using false or misleading personal data, including false or misleading residence address, email address, contact details, payment or account information, and using these accounts in a manner that is contrary to the Membership Agreement or legislation in force, using another Member’s account in an unauthorized way, being a party or participant to transactions by substituting someone else or using a false name;
4.9.4. Comment and scoring systems’ using the comments on the Website for purposes other than its purpose on the Website such as posting comments outside the Website and manipulating systems;
4.9.5. Spreading virus or any other technology that is harmful to the Website, database of the Website, or any content available on the Website;
4.9.6. Collecting any information about members or CORONITY, including e-mail addresses, without the consent of people concerned or committing other violations in accordance with the Law on the Protection of Personal Data No. 6698;
4.9.7. Carrying out activities that will create unreasonable or disproportionately large loadings on communicational and technical systems determined by the website or damaging the technical functioning, using “screen scraping” software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling techniques on the Website without the prior written consent of CORONITY, and copying, publishing or using all or part of a content on the Website without consent;
4.9.8. Using the Services and campaigns and advantages offered on the Website to derive improper personal benefit with malicious intent, violating the conditions of campaigns with malicious intent.
4.10 The Member is responsible for carrying out the operations he/she performs on the Website in a way that does not harm the Website technically. The Member agrees and undertakes that he/she has taken all necessary measures, including using the necessary protective software and licensed products so that all information, materials and other content he/she enters to the Website do not include any program, virus, software, unlicensed product, Trojan horse etc. that will harm the system. The Member also accepts that he/she will not enter the Account Page using robot or automatic login methods.
5.TERMINATION OF THE AGREEMENT
5.1. Any Party may terminate this Membership Agreement unilaterally and without compensation payment at any time. In the event of such termination, the Parties shall fully exercise their rights and obligations that arises until the termination date.
5.2. CORONITY has the right to suspend, terminate membership, sue and pursue if it detects that the Member has violated any article of this Membership Agreement or if there is a reasonable doubt about it.
6.PRIVACY AND PERSONAL DATA PROTECTION
7.INTELLECTUAL PROPERTY RIGHTS
CORONITY owns all the intellectual property rights of the CORONITY brand and logo, the design, software, domain name of the CORONITY mobile application and Website, and any brand, design, logo, commercial presentation form, slogan and all other content created by CORONITY. The Member cannot use, share, distribute, exhibit, duplicate intellectual property rights of CORONITY or its affiliated companies or carry out any work derived from these without the consent of CORONITY. The Member cannot use the whole or part of the CORONITY mobile application or Website in another environment without the consent of CORONITY. If the Member violates the intellectual property rights of third parties or CORONITY, the Member is obliged to compensate for all direct and indirect damages and expenses to CORONITY.
8.AMENDMENTS TO THE CONTRACT
If events (“Force Majeure”) which occur outside the control of CORONITY and are not caused by its faults and cannot be reasonably foreseen by it such as uprisings, embargos, government interventions, riots, occupations, wars, mobilizations, employee-employer disputes including strikes, lockouts, demonstrations or boycotts, cyberattacks, communication problems, infrastructure and internet malfunctions, system improvements or renewal efforts and failures that may occur due to this, power failure, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disasters prevent or delay CORONITY from carrying out its obligations arising from this Membership Agreement, CORONITY cannot be held responsible for any obligations prevented or delayed as a result of Force Majeure and this cannot be regarded as a violation of this Membership Agreement.
10.1. Evidence agreement. The Member agrees that official books and commercial records of CORONITY and e-archive records, electronic information, electronic correspondence and computer records kept in CORONITY’s database and servers will constitute binding, conclusive and exclusive evidence and that this article is serves an evidence contract pursuant to the article 193 of the Law on Civil Procedure No. 6100 in the event of a dispute that may arise from this Membership Agreement.
10.2. Applicable Law and Resolution of Disputes. This User Agreement will be exclusively subject to the laws of the Republic of Turkey. Any disputes arising out of or associated with this Membership Agreement will be under the exclusive jurisdiction of the Istanbul Central Courts and Enforcement Offices (Çağlayan).
10.3. Notification CORONITY will communicate with the Member via the e-mail address provided by the Member while signing up or by calling and sending an SMS to the phone number. The member is responsible for keeping his/her e-mail address and phone number up to date.
10.4. Integrity and Divisibility of the Membership Agreement. This Membership Agreement constitutes the entire agreement between the Parties about the issue. If any provision of this Membership Agreement is decided to be completely or partially invalid or unenforceable or unreasonable by any authorized court, arbitral tribunal or administrative authority, this Membership Agreement shall be deemed divisible to the extent of such invalidity, unenforceability, or unreasonableness; and other provisions will remain in full force.
10.5. Transfer of Membership Agreement. The Member cannot wholly or partially transfer or assign any rights or obligations in this Membership Agreement without the prior written consent of CORONITY.
10.6. Amendment and Waiver. If one of the parties do not use or exercise any right granted under the Membership Agreement, it shall not mean that the party waives the right or it will prevent the party from exercising the right later.
This Membership Agreement consists of 10 (ten) articles. Each provision in the agreement was read, understood and approved in the electronic platform by the Member and therefore the agreement entered into the force.