MEMBERSHIP AGREEMENT

MEMBERSHIP AGREEMENT

Dear User,

Firstly, we would like to emphasize that with this Membership Agreement (“Agreement”), we aim to provide you with more efficient services through a secure user account that will be opened in your name. By checking the box and clicking on “Create Account,” this Agreement will come into effect. Upon the enforcement of this Agreement, you will be responsible for all transactions you carry out as a user.

Parties

• Pera Bulvarı Ev ve Yaşam Gereçleri A.Ş., located at Cumhuriyet Mah. Yeni Yol 1 Sk. Now Bomonti Apt. No: 2/12 Şişli/Istanbul, which operates the website https://www.flyingtiger.com.tr/ (hereinafter referred to as “Company”).
• The internet user who registers on the website https://www.flyingtiger.com.tr/ (hereinafter referred to as “Member”).

Subject of the Agreement
The subject of this Agreement is to determine the conditions under which the Member will benefit from the e-commerce activities on the website owned by the Company at https://www.flyingtiger.com.tr/ (hereinafter referred to as “Site” or “website”).

Rights and Obligations of the Parties

3.1. Rights and Obligations of the Member

3.1.1. The Member agrees that they will be deemed to have accepted all the terms of the Agreement from the moment they start benefiting from the services, and that these terms will be binding upon them.

3.1.2. After completing the registration process on the Site, the Member will start using the Site by entering their email address and password, provided that they comply with the conditions specified in this Agreement.

3.1.3. The Member declares and undertakes that the personal and other information they provided while registering on the Company's website is accurate before the law, and they will indemnify the Company for all damages it may incur due to the inaccuracy of this information, and that the Company will have no liability for its obligations arising from this Agreement if it cannot perform them properly or at all due to this false information.

3.1.4. In the case that the Agreement is executed on behalf of a legal entity, the person executing the Agreement represents that they are authorized to carry out such a transaction on behalf of the legal entity; otherwise, they accept, declare, and undertake that they will be personally responsible for all consequential transactions they make in the future.
3.1.5. The Member agrees to comply with the provisions of the Turkish Code of Obligations, Turkish Penal Code, Turkish Commercial Code, Law on Intellectual and Artistic Works, Industrial Property Law, Law on the Protection of Personal Data, as well as related Regulations, Notifications, Decrees having the force of law, and other relevant legislation while benefiting from the services provided on the Site. Any legal, criminal, and financial liability arising from violations of these notifications and laws shall be the responsibility of the Member.

3.1.6. The Member cannot share the password provided by the Company with any other person or organization, and the right to use the password belongs solely to the Member. The Company reserves the right to claim any damages and other compensation arising from unauthorized use against the Member for all liabilities arising from such use.

3.1.7. The Member acknowledges and undertakes to comply with legal regulations while using the Company's website. Otherwise, all legal and criminal obligations will solely bind the Member. If the Company is compelled to make payments to official authorities or third parties due to the Member’s actions in violation of this clause, the Company has the right to seek reimbursement from the Member.

3.1.8. The Member shall not use the Company’s website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, or serves an illegal purpose. Additionally, the Member may not engage in activities that prevent or hinder others from using the services (such as spam, viruses, Trojans, etc.). If the Company incurs costs or faces claims from official authorities or third parties due to the Member’s actions contrary to this clause, the Company has the right to seek reimbursement from the Member.

3.1.9. The Member agrees not to access or use other users' software and data without permission. Otherwise, all legal and criminal liabilities arising from such actions will rest solely with the Member. The Member acknowledges, declares, and undertakes that all accounts related to credit cards, virtual cards, bank cards (debit cards), e-payment systems, and other payment methods used in transactions belong to them and that they are authorized to use them; otherwise, they will be directly responsible for any damages incurred.

3.1.10. The Member who violates any of the provisions mentioned in this membership Agreement shall be personally liable for any criminal and legal consequences arising from such violation, and shall exempt the Company from the legal and criminal consequences of these violations. Furthermore, the Company reserves the right to terminate this membership Agreement along with compensation for any direct and indirect damages caused by this violation.

3.1.11. The Company reserves the right to unilaterally delete the member's account, cancel the membership, and delete the Member’s files, documents, and information whenever necessary. The Member hereby accepts this provision in advance. In this case, the Company has no liability.

3.1.12. The software and design of the Company’s website are owned by the Company, and copyrights and/or other intellectual property rights related to them are protected by applicable laws. This software and designs cannot be used, acquired, or altered without permission by the Member. Other companies and products mentioned on this website are trademarks of their respective owners and are also protected under intellectual property rights. The information contained on the site cannot be reproduced, published, copied, presented, or transmitted in any way. The entirety or any part of the site cannot be used without permission on another website.

3.1.13. All intellectual property rights such as titles, business names, trademarks, patents, logos, designs, information, and methods, whether registered or unregistered, located on this Site belong to the site operator and the owning company or the designated party, and are protected under national and international law. Visiting this Site or utilizing the services on this Site does not grant any rights concerning these intellectual property rights.

3.1.14. For the analysis, improvement, and development of the Company’s website and/or in accordance with legal regulations, certain information may be collected to access the site. This information may include the name of the internet service provider, the Internet Protocol (IP) address, the date and time of access to the site, the pages accessed while on the site, and the Internet address of the website that provides direct access to the site.

3.1.15. The Company reserves the right to share the Member's personal information with official and administrative authorities when requested as a legal obligation.

3.1.16. Measures have been taken to ensure that the Company’s website is free from viruses and similar malicious software within the existing capabilities. Additionally, to ensure ultimate security, the user/Member must provide their own virus protection system and ensure necessary protection. In this context, by entering the Company’s website, the Member accepts that they are responsible for all errors that may occur in their software and operating systems, as well as any direct or indirect consequences thereof.

3.1.17. The Company reserves the right to change the content of the site at any time, modify or terminate any services provided to users/Members, or delete and/or cancel the registered user/Member information and data on the Company’s website.

3.1.18. The parties accept and declare that all computer records belonging to the Company will be considered as the sole and genuine exclusive evidence, and that these records constitute a proof Agreement.

3.1.19. The Company reserves the right to change prices and the products and services offered at any time.

3.1.20. Disclaimer of Warranty: This provision shall be valid to the maximum extent permitted by applicable law. Services provided by the Company are offered and marketed "as is" and "as available," without any express or implied warranties regarding merchantability, fitness for a particular purpose, or non-infringement, including all implied warranties related to the services or applications (including all information contained therein).

3.1.21. Force Majeure: If the parties are unable to fulfill their contractual obligations due to reasons beyond their control such as natural disasters, fires, explosions, civil wars, wars, rebellions, social movements, declaration of mobilization, strikes, lockouts, and epidemics, as well as infrastructure and internet outages, and power cuts, the parties shall not be held responsible for this. During this period, the rights and obligations arising from this Agreement shall be suspended.

3.1.22. As a party to this Agreement, the Member acknowledges that personal data obtained in the context of the purchasing relationship, including name, surname, email, mobile phone number, address, and information about the province and district of residence, may be used within the Company and shared with business partners and official institutions and organizations in accordance with the consumer status arising from the membership agreement.

Termination of the Agreement

This Agreement shall remain in effect until the Member cancels their membership for any reason or until the membership is canceled by the Company. The Company may unilaterally terminate the Agreement by canceling the Member’s membership in the event that the Member violates any provision of the membership Agreement. Even if this Agreement is terminated, the Member shall be responsible for all transactions conducted during the membership period. The parties may terminate the membership relationship established under this Agreement in the presence of just cause, provided that written notification is given.

Resolution of Disputes

In the resolution of any disputes arising from or related to the application or interpretation of this Agreement, the courts and execution offices of Istanbul (Çağlayan) shall have jurisdiction.

Notification

The addresses of the parties specified in this Agreement are deemed as notification addresses. In the event of any changes to these addresses, unless such changes are communicated in writing to the other party immediately, notifications made to the addresses specified in this Agreement shall still have legal effect, even if they are returned.

Effectiveness

By registering for membership, the Member indicates that they have read all the articles in the membership Agreement and accept the terms contained therein. This Agreement is concluded and has come into force mutually at the moment the Member becomes a member.

                      PERA BULVARI EV VE YAŞAM GEREÇLERİ A.Ş.

    Address: Cumhuriyet Mahallesi Yeni Yol 1 Sk. Now Bomonti Apt. No: 2/12 Şişli/Istanbul
                              Customer Service Number: +90 850 433 90 96
                                          Mersis Number: 0728081986400001