MEMBERSHIP AGREEMENT
1. PARTIES
This Membership Agreement (Agreement) has been concluded between AKTİF BESİN A.Ş. brand HIQ NUTRITION, the owner of www.takehiq.com and mobile device applications and located at IKITELLI OSB MAH. MILAS CAD. NO: 1 IC KAPI NO: 10 BASAKSEHIR/ ISTANBUL, and the website user who has become a member of www.takehiq.com and its mobile application (Application) by accepting the following terms or the user who has become a member of the applications installed on mobile devices (Member), in order to determine the conditions regarding the Member's benefiting from the Services offered by HIQ NUTRITION.
HIQ NUTRITION and the Member shall be referred to individually as "Party" and jointly as "Parties" in this Membership Agreement. HIQ NUTRITION is an ACTIVE FOOD JOINT STOCK COMPANY brand and will be referred to as HIQ NUTRITION in the agreement.
2. DEFINITIONS
Personal Data Protection and Privacy Policy: Refers to the contract to be accessed through the application and platform that regulates HIQ NUTRITION's general privacy policy regarding personal data and the use of cookies, including issues such as for what purposes and in what way HIQ NUTRITION will use the personal data transmitted by Members through the Platform.
Platform: Refers to HIQ NUTRITION's mobile application and website.
My Account Page: The page specific to the Member, where the Member can perform the necessary transactions to benefit from various applications and Services on the Website, enter his/her personal information, photograph and the information requested from him/her within the framework allowed by the application, view the agreements to which he/she is a party, and can only be accessed with the username and password specified by the Member.
Services: Refers to the applications and systems put in place by HIQ NUTRITION to enable Members to carry out their work and transactions defined in this Membership Agreement.
PAY TR: All electronic money institutions are authorized to issue electronic money in accordance with the second paragraph of Article 18 of Law No. 6493. HIQ NUTRITION will fulfill its obligations related to this law with PAY TR. HIQ NUTRITION is not responsible for the liabilities arising from the issues specified in the contract made between the parties and within the scope of PAY TR's responsibility. PAY TR will publish the contract and disclosure obligations regarding the service it offers on the HIQ NUTRITION application and website and will be under the obligation to respond to the issues within its scope of responsibility. HIQ NUTRITION is not responsible for any material and moral damages that may arise from PAY TR, but reserves the right of recourse.
PRODUCTS IN THE APPLICATION: The products on the HIQ NUTRITION App application and website belong entirely to AKTİF BESİN ANONİM ŞİRKETİ. Information and responsibilities regarding these products will be carried out by AKTİF BESİN A.Ş.
Member: Refers to the real person who is a member of HIQ NUTRITION within the scope of this Membership Agreement with HIQ NUTRITION and who uses the payment system offered by HIQ NUTRITION and benefits from its benefits.
3. PURPOSE AND SCOPE OF THE MEMBERSHIP AGREEMENT 3.1. HIQ NUTRITION operates the online electronic commerce platform named www.takehiq.com, which is its own property, and also operates the HIQ NUTRITION mobile application commercially in the Play Store and App Store application markets, and sells the products produced by AKTİF BESİN A.Ş. between the user and the user. HIQ NUTRITION is an intermediary service provider within the scope of the Law on Regulation of Electronic Commerce No. 6563, an “Intermediary Service Provider” within the scope of other relevant legislation, and only a “Home Provider” in accordance with the Law on Regulation of Publications Made in the Internet Environment and Combating Crimes Committed Through Such Publications No. 5651, and it stands behind every product it sells within the framework of the legislation and accepts that this legislation and the distance sales agreement are binding on it. HIQ NUTRITION makes a distance sales agreement between users who purchase products through the website and application.
3.2 HIQ NUTRITION Technology Inc. accepts that the products it produces comply with the Pharmaceutical and Medical Preparations Law No. 1262 dated 26/5/1928 and all other legislation in the field of health.
3.3. In accordance with the Agreement, the Member will be able to become a member of the Virtual Platform managed by HIQ NUTRITION and use the contracted payment and discount system provided by HIQ NUTRITION on this platform.
3.4. The purpose of the Agreement is to determine the conditions for the Members to benefit from the Services offered by HIQ NUTRITION or a business partner determined by HIQ NUTRITION on the Website and to determine the rights and obligations of the Parties in this regard. By accepting the Agreement by the Member, the Member accepts, declares and undertakes that he/she has accepted all kinds of statements regarding the Services, usage, contents, applications, Members and users offered by HIQ NUTRITION on the Platform and to be on the Platform.
3.5. For the avoidance of doubt, the Agreement is only between the Parties and covers the form and conditions for the Services provided to the Member by HIQ NUTRITION. The payment relationship between the Members and PAY TR is a separate relationship and is not within the scope of this Agreement. The Member will also approve the PAY TR wallet agreement and the KVKK text separately when becoming a member of the application.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. In order to gain membership status, the user who wants to become a Member must approve the Membership Agreement on the Website or mobile application and fill in the information requested here with correct and up-to-date information, and the Membership application must be evaluated and approved by HIQ NUTRITION. The user who wants to become a Member must be over 18 (eighteen) years of age. The membership status begins with the completion of the approval process and notification to the Member, and thus the Member gains the rights and obligations specified in this Membership Agreement and in the relevant places of the Website. The Member who does not provide correct and up-to-date information when filling out the said Agreement is exclusively responsible for all damages that may arise for this reason. The Member has the right to terminate his/her membership at any time through the application.
4.2. HIQ NUTRITION will be carried out by the member via mobile application or website with PAY TR Electronic Money and Payment Services Inc. The member accepts in advance that he/she will not engage in unfair and unlawful actions and statements regarding the products purchased from the application or website. As a result of being aware of this situation, HIQ NUTRITION will compensate the member for the damages it has suffered. HIQ NUTRITION's rights to sue are reserved.
4.3. HIQ NUTRITION may share the information it holds about the Member with the relevant authorities upon request, in accordance with the applicable legislation.
4.4. Personal data received from Members during membership to the Website and/or during shopping may be transmitted to other Members and/or collaborations that may be parties to the dispute, only limited to the requested subject, in disputes between Members and/or Sellers regarding forgery, fraud, misuse of the Website and application and issues that may constitute a crime under the Turkish Penal Code, and only limited to this scope, for the purpose of the parties exercising their legal rights.
4.5. The username and password information required by the Member to access the My Account Page and to perform transactions via the Platform are created by the Member, and the security and confidentiality of such information are entirely the responsibility of the Member. The Member accepts, declares and undertakes that the transactions made with his/her username and password are carried out by him/her, that the responsibility arising from these transactions belongs to him/her in advance, that he/she cannot raise any defense and/or objection claiming that he/she did not perform the work and transactions carried out in this way and/or that he/she will not avoid fulfilling his/her obligations based on such defense or objection.
4.6. The Member shall not use the Website in a manner contrary to law and morality, particularly in the cases listed below. • Using the Website to create, control, update or change a database, record or guide on behalf of any person; • Using the Website in whole or in part for the purpose of disrupting, changing or reverse engineering; • Performing transactions using false information or another person's information, creating fake Membership accounts using false or misleading personal data including false or misleading residence address, e-mail address, contact, payment or account information and using these accounts in a manner contrary to the Agreement or applicable legislation, using another Member's account without permission, becoming a party or participant in transactions by impersonating another person or under a false name; • Using comment and rating systems for purposes other than those intended, such as publishing comments on the Website outside the Website, or using them in a manner other than those intended to manipulate systems; • Spreading viruses or any other technology that may harm the Website, the Website's database or any content on the Website; • Collecting any information about members, including e-mail addresses, without the permission of the relevant persons; • Carrying out activities that will create unreasonable or disproportionately large loads on the communications and technical systems determined by the Website or that will harm the technical operation, using automatic programs, robots, web crawlers, spiders, data mining and data crawling, such as "screen scraping" software or systems on the Website without the prior written permission of HIQ NUTRITION, and thus copying, publishing or using all or part of any content on the Website without permission.
4.7. If HIQ NUTRITION detects that the Member is using the Virtual Platform in violation of any article in this Agreement, especially article 4.6, or that there is a problem due to complaints from the Buyers, HIQ NUTRITION has the right to prevent the Member from using the Platform partially and/or completely, in whole and/or in part, and to deactivate the Membership Account. The Member may suspend the Membership account.
accepts, declares and undertakes that the final decision regarding the acquisition/closure belongs exclusively to HIQ NUTRITION.
4.8. The Member is obliged to carry out the transactions made on the Website in a way that will not cause any material damage to HIQ NUTRITION or technical damage to the Platform. The Member accepts and undertakes that he/she has taken all necessary precautions, including using the necessary protective software and licensed products, to ensure that the Platform does not contain any programs, viruses, software, unlicensed products, trojan horses, etc. that may harm the Platform. The Member also accepts that he/she will not enter the Account Page with robots or automatic login methods.
4.9. It is unlawful to use the Platform or the content on it in violation of the terms of use determined by the Agreement or the provisions of the applicable legislation; HIQ NUTRITION reserves the right to claim, sue and pursue the relevant claims.
5. CONFIDENTIALITY
5.1. HIQ NUTRITION attaches importance to the processing, security and protection of personal data provided by the Member through the Platform in order to benefit from the Services offered on the Platform, in accordance with all legislation, including the Personal Data Protection Law No. 6698. In this context, HIQ NUTRITION collects, uses, transfers and otherwise processes the personal data provided by the Member in accordance with the Privacy Policy on the Platform. The Privacy Policy is an integral part of this Membership Agreement.
5.2. By using the Services and/or creating an account, the Member expressly and freely consents to the collection, use, transfer and other processing of his/her personal data as specified in the Privacy Policy. For more information on the conditions for the use of personal data and your rights in this regard, you can review our KVKK Information and Privacy Policy and exercise your rights by sending an e-mail with the application form to aktifbesin@hs01.kep.tr.
5.3. Personal data declared by the Member to the Website and consented to be shared; are collected, stored, processed, used and may be shared with 3rd Parties based on our contractual relations by HIQ NUTRITION or its business partners in accordance with the Disclosure and Privacy Policy for the purpose of fulfilling the obligations determined by the Agreement, carrying out the applications required for the operation of the Website, providing and offering various advantages to the Member and conducting special advertising, sales, marketing, surveys, all kinds of electronic communication, profiling and statistical studies for the Member.
5.4. The Member accepts and declares that he/she consents to the use and storage of his/her personal data by HIQ NUTRITION in this manner. HIQ NUTRITION will take all necessary measures to ensure that the personal data in question is stored securely in accordance with Article 12 of the Personal Data Protection Law No. 6698, and to prevent unauthorized access and unlawful data processing. The Member has the right to use the rights he/she has on his/her personal data in accordance with Article 11 of the Personal Data Protection Law No. 6698, and to make changes or updates to these data at any time.
6. INTELLECTUAL PROPERTY RIGHTS
The “HIQ NUTRITION” brand and logo, the design, software, domain name of the “HIQ NUTRITION” mobile application and the Website and all kinds of trademarks, designs, logos, trade dress, slogans and all other content created by HIQ NUTRITION in relation to these are their own property with all kinds of intellectual property rights. The Member cannot use, share, distribute, exhibit, reproduce or create derivative works from the intellectual property rights subject to the ownership of HIQ NUTRITION or its affiliate HIQ NUTRITION TECHNOLOGY A.Ş. without the written permission. The Member cannot use the whole or part of the mobile application or the Website in another environment without the written permission of HIQ NUTRITION. If the Member acts in a way that violates the intellectual property rights of third parties or HIQ NUTRITION, the Member is obliged to compensate all direct and indirect damages and expenses of HIQ NUTRITION and/or the third party in question.
7. CONTRACT CHANGES
HIQ NUTRITION may, at its sole discretion, unilaterally change this Membership Agreement and any policy, provision and condition, including the Disclosure and Privacy Policy on the Platform, at any time it deems appropriate, provided that it does not violate the provisions of the current legislation, by announcing it on the Website. The amended provisions of the Agreement shall become valid on the date they are announced on the Website, and the remaining provisions shall remain in force and continue to have their provisions and consequences. For the avoidance of doubt, this Agreement and the agreements concerning HIQ NUTRITION cannot be changed unilaterally by the member. In case of dispute, the agreements at the company headquarters shall prevail.
8. FORCE MAJEURE
If riot, embargo, state intervention, rebellion, occupation, war, mobilization, strike, lockout, labor actions or boycotts including labor-employer disputes, cyber-attack, communication problems, infrastructure and internet failures, system improvement or renewal works and failures that may occur for this reason, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events that occur outside the control of HIQ NUTRITION, are not caused by its fault and cannot be reasonably foreseen (Force Majeure) prevent or delay HIQ NUTRITION from fulfilling its obligations arising from this Agreement, HIQ NUTRITION cannot be held responsible for its obligations that are prevented or delayed as a result of the Force Majeure and this situation cannot be considered as a breach of the Agreement. In case the orders cannot be delivered on time or the product requested by the user member cannot be provided due to the above mentioned situations, HIQ NUTRITION will take measures that will not victimize or harm the user. HIQ NUTRITION may block access to the application and site for the development and updating of the application, system renewals and technical studies, provided that it is announced in advance. Order delays and other issues stated above due to this situation cannot be considered as a breach of contract.
9. MISCELLANEOUS PROVISIONS
9.1. Evidence agreement; The Member accepts that in disputes that may arise from this Membership Agreement, HIQ NUTRITION's official books and commercial records and HIQ NUTRITION's database, e-archive records, electronic information and computer records kept on its servers will constitute binding, definitive and exclusive evidence and that this article is an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
9.2. Applicable Law and Dispute Resolution; This Membership Agreement shall be exclusively subject to the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of Istanbul Consumer Arbitration Committees and Istanbul Central (Çağlayan) Courts and Enforcement Offices.
9.3. Notification; HIQ NUTRITION will communicate with the Member via the e-mail address or by calling and sending SMS to the phone number provided by the Member when registering. The Member is responsible for keeping the e-mail address and phone number up to date. HIQ NUTRITION is not responsible for any material or moral damages that may occur as a result of the Member's failure to fulfill this responsibility.
9.4. This Membership Agreement constitutes the entire agreement between the Parties in relation to the subject matter. If any provision of the Agreement is determined to be invalid or unenforceable or unreasonable in whole or in part by any competent court, arbitration board or administrative authority, the Agreement shall be deemed severable to the extent of such invalidity, unenforceability or unreasonableness and the other provisions shall remain in full force and effect. The Member has no right to object to this provision.
9.5. Transfer of Membership Agreement; The Member cannot transfer or assign the agreement made with HIQ NUTRITION to a third party under any circumstances.
9.6. Amendment and Waiver; Failure of one of the Parties to exercise or enforce any right granted to it in the Membership Agreement shall not be deemed as waiver of such right or shall not prevent the exercise or enforcement of such right subsequently.
This Membership Agreement, consisting of 9 (nine) articles, has entered into force as of the moment HIQ NUTRITION notifies the member of membership approval, provided that each provision has been read and fully understood by the Member and approved electronically.