Membership Agreement

This Membership Agreement ("AGREEMENT") has been concluded between Bademu Dış Ticaret Limited Şirketi ("thecolourfully"), the owner of www.thecolourfully.co and located at Kızılırmak Mah. Dumlupınar Bul. YDA Center 9A/158 Çankaya/Ankara, and the website user ("MEMBER") who has become a member of www.thecolourfully.co by accepting the following terms, in order to determine the conditions regarding the MEMBER's use of the services offered by thecolourfully. This Agreement will come into force as a result of you checking the checkbox and clicking the "Register" button. Once the Agreement enters into force, you will be responsible for all transactions you make as a user.

thecolourfully and MEMBER will be referred to individually as "Party" and jointly as "Parties" in this membership agreement.

1. Definitions

Website	:	Refers to the website www.thecolourfully.co, which is open to public use.
Social Media	:	Refers to social media channels such as Facebook, Instagram, Pinterest, etc.
Member	:	Refers to persons who become members of the www.thecolourfully.co website in accordance with this Agreement.
thecolourful	:	It refers to the legal entity that sells services/goods within the scope of this Agreement and offers special advantages to its members within the scope of this Agreement through the www.thecolourfully.co website.
Agreement	:	It refers to this Membership Agreement and its Annexes.
Services	:	It refers to the practices put forward by thecolourfully in order to ensure that Members carry out the work and transactions defined in this Membership Agreement.
My Account Page	:	It refers to the Member-specific page, which can only be accessed with the username and password determined by the relevant Member, where the Member can perform the necessary transactions to benefit from various applications and Services on the Site, and enter his/her personal information and the information requested from him/her on an application basis.

2. Topic

The subject of this Agreement is to determine the rights and obligations of the parties regarding the membership relationship that creates opportunities for the Member in every purchase to be made through the Site.

3. Rights and Obligations of the Parties

3.1. Member's Rights and Obligations

3.1.1. The Member accepts that he/she will be deemed to have accepted all the terms of the Agreement from the moment he/she starts to benefit from the services and that these terms will be binding on him/her.
3.1.2. After completing the registration process on the Site, the Member will start using the Site by entering his/her e-mail address and password, provided that he/she complies with the terms and conditions set forth in this Agreement.
3.1.3. If the Agreement is concluded on behalf of a legal entity, the person who concludes the Agreement accepts, declares and undertakes that he/she is authorized to perform such a transaction on behalf of the legal entity in question, otherwise (in case of unauthorized transaction) he/she is personally responsible for all transactions that he/she has performed/will perform from now on.
3.1.4. The Member accepts, declares and undertakes that he/she will act in accordance with all the terms and conditions of the Agreement and the rules specified in the relevant parts of the Site while using the Site.
3.1.5. While benefiting from the services provided on the Site, the Member agrees to comply with the Turkish Code of Obligations, the Turkish Penal Code, the Turkish Commercial Code, the Law on Intellectual and Artistic Works, the Industrial Property Law, the Law on the Protection of Personal Data, and the Regulations, Communiqués, Decrees in Force of Law and other relevant legislation, as well as all kinds of announcements and notifications that thecolourfully may publish regarding its services. All legal, penal and financial liabilities that may arise due to use contrary to these notifications and laws belong to the Member.
3.1.6. The Member shall compensate thecolourfully for any and all damages that may be incurred by the Member due to his/her actions contrary to the obligations he/she has undertaken with this Agreement; thecolourfully has the right to recourse to the Member for any and all compensation and administrative/judicial fines that the Member may be required to pay to public institutions and/or third parties due to his/her actions contrary to the Agreement.
3.1.7. The Member declares and undertakes that the personal and other information provided while registering or shopping on the Site is accurate and up-to-date, and that if this information is not accurate or up-to-date, thecolourfully will fully and immediately compensate for all damages it may incur for this reason.
3.1.8. The Member cannot transfer the created accounts, username and password and membership profiles to another user under any circumstances or allow them to be used by third parties. The Member is personally responsible for the use and management of all information including the accounts, username and password that allow the use of his/her personal profile. Every transaction made with the account, username and password belonging to the Member will be deemed to have been made by the Member himself/herself and the Member will be solely responsible for the damages incurred by the Member and/or third parties due to the use, loss or change of hands of this information by a person other than the Member.
3.1.9. Any records related to the membership account terminated by thecolourfully's own initiative or by the Member himself/herself may be kept by thecolourfully, subject to the conditions stipulated by the Personal Data Protection Law. The Member reserves the right to be informed about his/her personal data. In addition, the Member accepts and undertakes that thecolourfully has informed him/her within the scope of the Personal Data Protection Law prior to the conclusion of this Agreement and that the membership relationship has been established in this way.
3.1.10. thecolourfully reserves the right to change the conditions specified below, at its own discretion, when required by legislation or this Agreement, provided that it notifies the Member on the Site and obtains approval from the Member when the Member first logs into their account on the Site.
3.1.11. The Member cannot take actions that prevent or make it difficult for other members and visitors to use the Site; cannot load or lock servers or databases with automatic programs, cannot attempt to mislead data; otherwise, the Member accepts that his/her membership will be terminated and that he/she will assume all legal and criminal liability that may arise from this situation.
3.1.12. The Member cannot delete or remove any copyright, trademark or any notes within the scope of the Law on Intellectual and Artistic Works on any material copied or printed from the Site.
3.1.13. The Member accepts in advance that thecolourfully may cancel the Site membership and terminate this Membership Agreement if it deems it necessary, provided that the Member is informed of the reason.

3.2. Rights and Obligations of thecolourfully

3.2.1. thecolourfully may reject membership applications at its own discretion and without any reason or may bind the acceptance of the Membership application to additional terms and conditions. In the following cases, thecolourfully has the right to cancel the transactions in question, to stop the Member's use, to terminate the Member's membership, and to terminate this Agreement unilaterally and immediately, in addition to all of its rights arising from the law.
• In case of using software that would threaten the general security of the Site, prevent the operation of the Site and the software used, performing activities, attempting to perform activities, and obtaining, deleting or changing information.
• In case of partial or full copying and use of the works and data on the Site or attempting to use them.
• In case information that contains false, irregular, incomplete and misleading information, statements that do not comply with general morality and information that does not comply with the laws of the Republic of Turkey is recorded on the Site.
• If the Member acts contrary to all the terms of the Agreement and the rules specified in the relevant parts of the Site and the current legislation while using the Site or making purchases.
• If the information and usage rights given to the Members by thecolourfully or determined by them, such as username and password, are shared with third parties, the Member is directly responsible for the malicious use of his/her password by other persons. Similarly, the Member cannot use someone else's IP address, e-mail address, username and other information on the internet, nor can he/she access or use other Members' private information without permission. Any legal and criminal liability that may arise from such use belongs to the Member.
3.2.2. thecolourfully reserves the right to make changes to this Agreement without giving any reason and without giving notice. In addition, thecolourfully has the right to unilaterally stop the service permanently or temporarily, change or cancel the content of the service, including the prices published on the Site, without giving any reason.
3.2.3. Provided that the ultimate purpose of the Site and the services it offers remain essentially the same; thecolourfully will always, at its own initiative, publish the updated membership terms on the Site under the same link, together with the date update, and the Member's approval will be obtained when the Member first logs into their account on the Site. The updated membership terms will become valid from the moment they are published on the Site, and the use of the Site or services will be subject to the new membership terms from that moment on.
3.2.4. thecolourfully will act in accordance with the legislation in force and the terms set forth in this Agreement during the use of the Site. In addition, thecolourfully is obliged to store Member information that it is required to store in accordance with the Personal Data Protection Law, the Law on Regulation of Electronic Commerce and other relevant legislation.
3.2.5. thecolourfully shall not use these data for any commercial purpose other than the performance of the services defined within the scope of this Agreement, the promotion and marketing of its activities based on the explicit consent of the Member, and the performance of statistical studies for the purpose of product development, and in any case, the purposes set forth in the Personal Data Protection Information Text on the Site. This provision does not prevent the transfer of the agreement to third parties.
3.2.6. thecolourfully has the right to use all information related to membership for its own marketing activities, provided that it anonymizes this information, during the term of the Agreement or even after the termination of the Agreement, provided that it complies with this Agreement and applicable legal regulations, including the Personal Data Protection Law.
3.2.7. thecolourfully undertakes that the Member will benefit from the services subject to the Agreement, except for technical malfunctions, and that the information shared by the Member will not be shared with third parties except for situations where it is necessary to share with third parties to achieve the above-mentioned purposes and legal obligations.
3.2.8. thecolourfully is not responsible for the content of links or references to other websites that are not under its control or for other links they contain.
3.2.9. thecolourfully does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay in transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry into, alteration or use of records, whether due to breach of contract, tort, negligence or other reasons.
3.2.10. thecolourfully has taken measures within the available means to ensure that the Site is free from viruses and similar software. In addition, in order to ensure ultimate security, the user must provide their own virus protection system and provide the necessary protection. In this context, by entering the Site, the user accepts that they are responsible for all errors that may occur in their software and operating systems and their direct or indirect consequences.

4. General Provisions

4.1. The rights of all kinds of audio, visual, written materials and content on the Site are reserved and belong to thecolourfully unless otherwise stated. Unauthorized use by the Member will be considered as illegal use and legal action may be initiated by thecolourfully against the relevant parties. The general appearance and design of the Site and all information, pictures, thecolourfully brand, the Site's domain name, logo, icon, demonstrative, written, electronic, graphic or machine-readable technical data, computer software, applied sales system, business method and business model, including all materials ("Materials") and related intellectual and industrial property rights are the owner or licensee and are under legal protection. No Material on the Site; including code and software, cannot be changed, copied, reproduced, translated into another language, republished, uploaded to another computer, mailed, transmitted, presented or distributed without prior permission and without citing the source. The whole or part of the website cannot be used on another website without permission. Contrary actions require legal and criminal liability. All other rights of thecolourfully not expressly stated herein are reserved.
4.2. Copying or using the software used in the design of the pages and the creation of the database, all rights of which belong to thecolourfully, is strictly prohibited.
4.3. The Member cannot use, resell, share, distribute, exhibit, reproduce, process, create or prepare derivative works of thecolourfully's copyrighted works on the Site in any way. Otherwise, the Member is responsible for all damages that thecolourfully may suffer.
4.4. In order to detect and eliminate problems that may occur in the infrastructure of the Site, and to improve and develop the Site and the system, certain information may be collected, such as the name of the internet service provider and Internet Protocol (IP) address used by users to access the Site, the date and time the Site was accessed, the pages accessed while on the Site, and the internet address of the website that provides direct connection to the Site.
4.5. In certain parts of the Site, different rules and obligations specific to the relevant section may be determined. The Member who uses these sections is deemed to have read and accepted the relevant rules.
4.6. Within the scope of the purposes specified above, the Site uses “cookies”, which can be defined as small data files saved on the computers of the Members during their visit. These files are found on all shopping sites, are used to make Members’ shopping more efficient and secure, and are industry standard files. If you do not want to use these files or want to be informed about the use of these files, you can make the necessary changes in your browser. In addition, for detailed information on the use of cookies, please review the Cookie Policy on the Site at https://thecolourfully.co/pages/cerez-politikasi.
4.7. When the Member uses a credit card or bank card to pay for a product purchased through the Site, the Member understands and accepts that the credit/bank card number, expiration date of the credit/bank card, CVV2 code and similar information must be shared with the relevant financial institutions in order to carry out the transaction. You should review the Personal Data Protection Information Text regarding the use of the Member's financial information.
4.8. If the member wishes to leave the e-bulletin subscription, he/she can leave the membership at any time by clicking on the "I Want to Leave the Bulletin" statement at the bottom of the e-bulletins.

5. Termination of Contract

5.1. The Agreement shall automatically become null and void without any need for warning upon termination of membership or the occurrence of any of the termination conditions listed in the Agreement.
5.2. The Member's termination of the Agreement, cancellation of membership and deletion of account can be carried out by notifications sent to the e-mail address support@thecolourfully.co. In case of termination of membership, the Member accepts in advance that the campaigns offered by thecolourfully to Members will not be used. The authorization of the user who terminates his/her membership to use the Site as a Member will be revoked.
5.3. thecolourfully has the right to terminate the Membership Agreement unilaterally at its own initiative at any time without giving any reason, without prejudice to Article 4.2.1 of this Agreement. The Member shall not have the right to make any rights or demands due to this termination.

6. Final Provisions

6.1. The Member hereby irrevocably accepts, declares and undertakes that the colourfully may transfer the Agreement to third parties and that it has already given its consent to the transfer of the Agreement in accordance with Article 205 of the Code of Obligations.
6.2. If any article, sub-article or provision of this Agreement, other than its essential elements, is determined to be invalid or unenforceable, this will not affect the applicability or validity of other articles, sub-article or provisions of this Agreement. In such a case, the articles, sub-article or provisions determined to be invalid or unenforceable in all respects in this Agreement will be interpreted and executed as if they were removed from the text of the Agreement.
6.3. The validity, interpretation and execution of this Agreement are subject to the laws of the Republic of Turkey and Izmir Central Courts and Enforcement Offices are authorized to resolve any disputes that may arise from the Agreement.
6.4. Evidence agreement; The Member accepts that in disputes that may arise from this Membership Agreement, thecolourfully's official books and commercial records and thecolourfully'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 in the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
6.5. The most up-to-date e-mail address provided or to be provided by the Member to thecolourfully shall be accepted as the legal notification address for all notifications to be made in relation to this Agreement.
6.6. The parties agree that if they do not notify the other party of changes in their current e-mail addresses within 3 (three) days, the notifications to be made to the old e-mail addresses will be valid and will be deemed to have been made to them.
6.7. The Member declares, accepts and undertakes that he/she has read, understood and accepted all the articles in this Agreement and confirms the accuracy of the information he/she has provided.
6.8. 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.

The Member declares, accepts and undertakes that he/she has read, understood and accepted all the articles in this Agreement and confirms the accuracy of the information provided.