Please kindly read all the materials carefully and accurately. Because if you accept the contract or use the services, in other words, if you become a member of the scope of this contract in this way, you will have decided, pledged and declared that you have read every line of the contract lines and provisions and have understood all its contents and committed to it.
ARTICLE 1: THE PARTIES
This (Contract) membership contract has been concluded in the electronic medium between Noon-Marketing E-commerce Co., Ltd., which is based in Şirin Evler, Koca Sinan Street. Kaman Commercial Centre- Building No. 5/1 Bahçeli Evler - Istanbul, and between the person who accepted d to sign the contract within the (online - connected) domain and became a member through the website httpshttps://noonmar.net/. Which will be referred to by the person or member if it is (an individual) and by the persons or members if they are (plural), according to the terms and conditions outlined below.
From now on, the member and the Noon-Marketing will be separately referred to by the party, and together by the parties.
ARTICLE 2: SUBJECT OF THE CONTRACT
- Noon-Marketing, through the website domain noonmar.com (“the internet site” or “website”), provides direct online sales services to its members from food products, jewellery, accessories, cosmetics, personal care products and bags, shoes and secure the sale of countless products in many fields, such as household and life products.
- In the framework of securing the products (services) it provides to its members through its website, Noon-Marketing provides an online sales platform. Because the subject of this contract focuses on organizing the rights and obligations of the parties in connection with the members' access to these services.
- This contract between the parties has been approved in the electronic medium in order to achieve the goals above.
ARTICLE 3: THE MEMBERSHIP SYSTEM
- In order to shop online, the member must fill out the membership form first. So that the user of the website must first of all follow the instructions that are directed to him and create his membership (The membership) by filling the data mentioned below. Noon-Marketing only processes personal data in accordance with Law No. 6698 related to the protection of personal data and other relevant legislation in force. The data considered as personal data is included as part of the services provided by Noon-Marketing, which are handled by it, below. Unless expressly stated otherwise, the “personal data” expression and term in the terms and provisions stipulated in this notification defines the information listed below. As through the membership, the data listed below, which is provided by the member, is collected in the digital medium:
- Name and Surname
- Creating a password
- Telephone number
- The member will be able to access the services on the site through the membership he created after providing the above information and passing the necessary verification steps. Detailed information related to Noon-Marketing personal data processing can be accessed from the policy on the protection and processing of personal data within the scope of the Personal Data Protection Act No. 6698, of Noon-Marketing E-commerce Co., Ltd., which is available at https://noonmar.com/.
- The password used to enter the site is created by the member himself. So only the related member can see or change the password. And in case the member forgot his password, a link will be sent upon his request so that he can create a new password for the email address registered in the platform. The member is solely responsible for setting and protecting the password and not sharing it with others. In this context, Noon-Marketing suggests that the following measures must be taken:
- Use a sturdy and strong password
- Not sharing the user name and password with others
- Do not use the password for Noon-Marketing services, on another platform
- When a member is on the site, the member is individually responsible for the accuracy and confidentiality of the information provided, as well as for protecting the password and the member’s name, and never sharing data with anyone else. No responsibility will be attributed to Noon-Marketing if this information is obtained by unauthorized persons and used in the Noon-Marketing service. Noon-Marketing will not be responsible for any loss or damage that may arise from password access or misuse by third parties (others) under any circumstances. However, members who cause any security vulnerabilities will be responsible to Noon-marketing for any loss or damage resulting from their failure.
ARTICLE 4: THE RIGHTS AND OBLIGATIONS OF THE MEMBER
- The member shall indicate that he is 18 years old and that he has the legal eligibility to conclude this contract. In this context, the Noon-Marketing company is always entitled to whenever and wherever it wants and without notification of closing or suspending the member's accounts in the event that it is proven that the member or the person using the account has not reached 18 years old, or in case they suspect that the account has been used by members who are younger than 18 years old. A member who undertakes that he has passed the age of 18 is directly responsible for the accuracy and correctness of all the information provided by him. The member who accesses the site in the name of a commercial interest acknowledges, accepts and undertakes that he has the necessary authority to purchase and use membership services and benefit from them. In this case, the rights and obligations of the membership centre belong to the institution concerned.
- Each member is entitled to only one membership account. He may only use the website to benefit from the services outlined in this contract. Noon-Marketing has the right to terminate or suspend the accounts of the relevant member without prior notice, in the event that there is more than one membership account used by the same person.
- The responsibility for creating and protecting the password lies on the member himself. The member's name and password must not be shared with any institution or person and they should be protected with care. The member is directly responsible for the use of his account by other people in bad intention due to his mistake and default. The Noon-Marketing company has the right to refer to the member in particular for any judicial or administrative compensation or fines that are obligated to pay for this reason.
- A member cannot in any way transfer his existing accounts, member name, password and membership profiles to another member or allow third parties to use them.
- All information such as the name, phone, and e-mail that the member declares to the site during the creation of the membership account must be up-to-date, accurate, and complete. Accordingly, Noon-Marketing is not obligated to verify the information in question and its updates. The member is responsible for all damages and losses that may be caused to the Noon-Marketing company and the third parties due to the incorrectness and lack of this information.
- A Member undertakes, in the interest of taking advantage of Noon-Marketing content or services, to comply with and observe relevant laws; In this context; He undertakes and acknowledges that he is solely responsible for all actions and behaviours inconsistent with the law, and declares that he has no right to refer to Noon-Marketing in any way as a result of these reasons or directing litigations against them.
- The comments made by the member, the ideas he presents, and the data he publishes on the website express the personal opinion of the member, and only obligates him. Noon-Marketing has no relationship or any association with those opinions and ideas. It is also not responsible in any way for any damages that Noon-Marketing or third parties may suffer because of the opinions and ideas expressed by the member, and for any damage that may be caused to the member because of the opinions and ideas that It is authorized by third parties.
- Noon-Marketing is not responsible for reading member data by unauthorized persons, or for damages that may arise in member programs and data. The Member undertakes and acknowledges in advance that Noon-Marketing will not claim any compensation for damages incurred as a result of using the site.
- The member undertakes and declares that he will not access the programs and data of other Internet members or use them without permission; otherwise he bears all the legal and penal responsibilities arising from that.
- Each member who violates one or more of the articles listed in this membership agreement is personally and legally responsible for this breach. Noon-Marketing remains away from the legal consequences of these violations. Noon-Marketing shall, in the event of commencement of the judicial procedures arising from these violations as a result of a tangible incident related thereto, reserve the right to demand compensation from the member for failure to comply with the provisions of this contract.
- Noon-Marketing company has the right to delete member accounts, files, documents and membership data whenever it wants, individually and unilaterally. The member accepts this behaviour in advance and undertakes Noon-Marketing irresponsibility in any way.
ARTICLE 5: NOON-MARKETING RIGHTS AND OBLIGATIONS
- Noon-Marketing company has the right to temporarily or permanently suspend the services provided to the member via the website, to change or stop them, or not to continue them in part or in whole. Noon-Marketing does not guarantee that the website will operate without interruption or error, or that it will remove all errors that occur on the site, or that the services provided to the member will not be interrupted due to reasons caused by third parties or to limit unauthorized access to Noon- Marketing by third parties (others).
- Noon-Marketing does not make any commitment to ensure that the content and services it provides on the website will always be working and without interruption. However, this matter cannot be considered as a matter of partially or completely revoking the Noon-Marketing right to ownership of the contents, signs or trademarks of the services provided. The Noon-marketing company expressly states that it can perform maintenance and repair work on the website's software and slow it down for these reasons, with the possibility of stopping or shutting down the system in the event of illegal operations in violation of the rules.
- In the event of temporary or permanent changes to some or all of the publications, contents and other items accessed through Noon-Marketing website, the member has no right to claim Noon-Marketing any compensation in any way and under any name.
- Noon-Marketing can, at its discretion and will, without giving any reason whatsoever, be able to refuse member requests or make acceptance of the application linked to additional terms and conditions. And Noon-Marketing may terminate the membership status by cancelling this contract without notification and without stating the reasons and without committing to any compensation in the event of a violation of the rules and provisions set forth in this contract and on the site, or proving that the data provided during the membership request was insufficient and incorrect and updated, or the person’s membership request has been rejected previously, or in the event of receiving non-positive complaints and comments against the member, that Noon - Marketing considers dangerous, and similar reasons.
- Noon-Marketing is not responsible in any way for direct or indirect damages (including loss of profits, usage losses, information and data losses including but not limited to) that may be caused to the member as a result of not being able to access Noon-Marketing services or Limited access to it, or the inability to use these services, or if its device is exposed to a virus.
ARTICLE 6: THE INTELLECTUAL PROPERTY RIGHT
- The member acknowledges and accepts that the ownership of all content, material, document, information, drawing, design, or postal services for the product, and all other similar services such as software and updates that are provided on the website, which are protected by intellectual and industrial property law, trademark law, patent law, and other relevant legislation, and all material and non-material elements and assets listed in this paragraph, except for the exceptions provided in this agreement, are the exclusive property of Noon-Marketing. He undertakes not to perform such acts and behaviours contrary to that. According to this; the member cannot use, share, distribute, display or reproduce the works subject to the non-marketing intellectual property right of the company, or perform derivative works thereof.
- All software, visuals, designs, scripts, logos and graphics on the site belong to Noon-Marketing. It is strictly forbidden when designing the site, creating content and the database, copying or using information or programs, using any text, image or file inside the site, distributing, processing and using data in other ways that goes beyond utilizing the site. In addition, the member is prohibited from performing:
- Actions that threaten the security of the site, or hinder the work of the site program, or that prevent other members from benefiting from the site.
- Causing a pressure on the site with disproportionate downloads that may lead to those results, or accessing the data published on the site or accessed by another person, in an unauthorized manner, or copying or erasing this data, changing it, or making actions and attempts from this.
- To take actions that harm the general security of the site, or Noon-Marketing and other members.
- The use of programs that hinder the operation of the program used on the site, or attempt to use or disable the operation of any of the programs, equipment, and servers, or cause them to be occupied and damaged, or perform reverse engineering, or organize attacks, or engage in or interfere in other ways, or attempt to access To Noon-Marketing servers.
ARTICLE 7: FORCE MAJEURE
If the parties are unable to fulfil the debts and obligations set forth in this contract in the country in which the product will be provided, due to reasons such as accidents, fires, floods, strikes, wars, civil war, rebellion and insubordination, interference by administrative authorities, legal regulations and similar reasons, it will be considered a reason for the presence of force majeure. And the two parties shall continue in the event that the reasons for force majeure are fulfilled, by their obligations that they undertook until the financial and commercial obligations that they previously committed to are completed. If the force majeure is still the subject of discussion after a reasonable period of time at the end of this stage, then this contract shall be terminated immediately.
ARTICLE 8: THE STATE OF THE CONFLICT
This contract is subject to the laws of the Turkish Republic, and the Istanbul-Çağlayan courts and their enforcement departments are competent to hear every dispute that may arise from its implementation.
ARTICLE 9: BREACH OF CONTRACT AND ITS CANCELLATION
- In the event that the member does not observe the provisions of this contract and the terms and conditions set forth on the site, or in the event that the activities of the member during delivery or services constitute a danger to the site legally, technically, or in terms of information security; or if it is tantamount to prejudice and violation of the personal and commercial rights of others. Noon-Marketing has the right to suspend or freeze the member's use of the site temporarily or permanently, and to terminate the contract between them. The member's requesting Noon-marketing for any demands due to this reason will not be taken in consider.
- Noon-Marketing Company may suspend the site and terminate this contract at any time, or suspend it for a limited or unlimited period.
ARTICLE 10: AMENDMENTS
Noon-Marketing, within the framework of the services that are the subject of this contract and related legislation in the Republic of Turkey, has the right to make technical amendments to the provisions of the contract or make adjustments for any other reason, unilaterally. Noon-Marketing is not required in the event of such a situation to inform the member of the changes expected in the contract. In contrast; Noon-Marketing should indicate the date of the last update on the contract at the beginning of this agreement. If the member continues to use the site account after this date, the member is considered to be subject to the amendments mentioned in the contract.
ARTICLE 11: VALIDITY
This agreement will remain in effect from approval of membership on the site by Noon-Marketing until the membership is cancelled by the member or Noon-Marketing.
The member acknowledges, accepts and undertakes when he becomes a member in order to obtain the services of Noon-Marketing, that he has read all the terms and provisions of this contract and understands all its articles and accepts everything that is stated in it one by one. However, members who did not accept this contract but became members with its approval should not benefit from the services of Noon-Marketing. Noon-Marketing will not be held responsible for any behaviour contrary to this.