Parties

This membership agreement (" Agreement ") is entered into between Mood Up Gıda A.Ş., with its registered office at Yeniköy Mah. Dr. Cevat Kerim İncedayı Sk. No:16, 34460 Sarıyer/İstanbul, referred to as "Kaimakk," and the member (" Member ") of the website/mobile website/mobile application (" Site ") whose rights belong to Mood Up Gıda A.Ş. or whose usage rights are determined by Mood Up Gıda A.Ş.

Subject of the Agreement

The subject of this membership agreement is to determine the terms and conditions of use and membership of the Site, as well as the responsibilities of the parties, as defined below.

 

Definitions

The terms specified and used with an initial capital letter in this membership agreement shall have the following meanings:

Kaimakk: Mood Up Food Joint Stock Company, a party to the Agreement.

My Account Page: The page specific to the Member, accessible with the username and OTP determined by the relevant Member, where the Member can view and update personal information provided during membership, view, track, and modify order information provided through the Site, and benefit from the Service.

Service: Actions and transactions performed by Kaimakk to provide content, advertising, campaigns, opportunities, services, products, and applications on the Site, fulfill requests from Members, and facilitate the presentation/sale of products and services and other transactions.

Content: Every type of product, information, text, image, design, brand, icon, visual or auditory images, video clips, logos, know-how, design, catalog, file, interface, list, data, codes, slogans, and Other elements determined by Kaimakk or Kaimakk's service providers and uploaded to the Site and made accessible to third parties.

Mobile Application: The mobile application provided by Kaimakk or Kaimakk's service providers, available for download from mobile application markets such as the App Store and Google Play Store, enabling access to content and services on the Site, owned by Kaimakk.

Seller: Kaimakk and/or a third party authorized by Kaimakk.

Site: The website/mobile website/mobile application owned by Kaimakk or the website/mobile website/mobile application for which Kaimakk holds the rights.

Agreement: This membership agreement.

Member: The person(s) who, by providing the information requested by Kaimakk and reading and accepting the Agreement, become a member of the Site, can log in with the username and password they choose, use the Site, and benefit from the Content and Services, and are parties to this Agreement.

 

Rights and Obligations of the Parties

The Member shall use the Site in accordance with all relevant legal regulations, ethical rules, and the terms and conditions stated in all policies and texts on the Site, and in line with the purpose of the Site.

The Member acknowledges that the personal information provided to the Site and updated in the My Account section is accurate, up-to-date, and belongs to them; Otherwise, they accept all administrative, legal, and criminal liability.

In the event of a dispute over who the rights and obligations of membership belong to, the last person who made a payment to Kaimakk for a Service using the relevant membership account will be considered the owner of the Membership account.

It is mandatory for the Member to be 18 years old to become a member. If the Member provides misleading information in this regard, all legal, criminal, administrative, and financial responsibilities will belong to the Member. Individuals who have had their membership terminated or suspended for any reason or have been completely blocked from accessing the Site cannot become members of the Site.

Legal entities can only become members through their legal representatives. In case of unauthorized transactions related to membership or subsequent transactions, the person who made the unauthorized transaction is personally responsible. In case of any damage caused by this situation, the person making the unauthorized transaction will be solely responsible.

The use of the Site or any Content for unlawful purposes or purposes that violate the Agreement is prohibited.

Kaimakk has the right to change, update, terminate, or partially or completely prevent the use of the Site address, brand, slogan, Content, and Service at any time. In case of changes or updates, Kaimakk also has the right to transfer Member information.

Kaimakk keeps the Content accurate and up-to-date. However, Kaimakk is not responsible for any discrepancies between the Content provided by Kaimakk and the current situation.

Kaimakk has the right to unilaterally amend this Agreement at any time. The changes come into effect with the publication of the updated agreement on the Site.

To be informed about the changes, the Member periodically reviews the Agreement and, by continuing to access the Site despite the changes, is deemed to have accepted the modified agreement.

All rights arising from legal regulations related to the Content are exclusively owned by Kaimakk or used under license.

The Member cannot copy, modify, display on another website, share, distribute, market, rent, sell, make available to third parties for access/use, transmit, or use in a different way or perform any similar activities on the entire or any part of the Site or the Content, through any material copied or printed from the Site. The Member who acts otherwise will be solely responsible for any damages incurred.

The Member agrees not to use or allow the use of the Content in a manner that may harm the rights and/or intellectual property owners and third parties, or in violation of legal regulations.

The Member cannot delete or remove copyright, trademark, and all kinds of notes within the scope of the Law on Intellectual and Artistic Works from any material copied or printed from the Site or the Content.

Links to other websites and/or other content owned/operated by third parties may be provided on the Site. The provision of a link does not mean that Kaimakk supports the website or the person operating the site, or constitutes a statement or guarantee about the information contained in the link. Kaimakk is not responsible for websites and content accessed through links on the Site, and any damages that may arise are the exclusive responsibility of the Member.

Kaimakk is not responsible for any direct or indirect damages that may be incurred by users, Members, or other third parties due to viruses, malicious software, algorithms, trojans, or any similar programs and software, including but not limited to those that may be encountered through access to the Site, use of the Site and Content, or other behaviors. The Member agrees not to make any claims against Kaimakk due to such damages.

The Member is obliged to conduct transactions on the Site in a manner that does not technically harm the Site, Service, and Content and is compatible with the purpose of the Site.

The Member agrees not to use any automatic device, program, algorithm, methodology, or similar or equivalent manual process or tool to access, obtain, copy, monitor, query, reproduce, skip, or attempt to obtain or attempt to obtain any material, document, or information through the Site or any service not provided through the Site, or to use any part of or feature of the Site or connected systems or networks, Kaimakk's or service providers' servers, any service offered on the Site in any way.

The Member agrees not to examine, test, load, scan, test, violate security or authentication measures, or prevent the proper functioning of any part or feature of the Site or the infrastructure of the Site or connected systems or networks, in accordance with the rules of the Site. The Member shall not follow the information of any user of the Site, prevent secure use, or attempt unauthorized access through hacking, password cracking, or other illegal or unauthorized means to any part or feature of the Site or any system of the Site.

Since Kaimakk is not the seller of any service/product on the Site, it will only have the status of "host provider" under the Law No. 5651 on the Regulation of Publications Made on the Internet and the Fight Against Crimes Committed Through These Publications and solely as an "intermediary service provider" under the Law No. 6563 on the Regulation of Electronic Commerce.

The Member acknowledges that in distance sales contracts for purchases made from any Seller other than Kaimakk on the Site, the Member is the buyer party, and the Seller is the seller party. Kaimakk is not a party to the said contract relationship; Therefore, Kaimakk is exclusively responsible for the Seller within the scope of the relevant legislation.

Since Kaimakk has the status of an intermediary service provider and in accordance with the regulations in the contract signed with the Seller, Kaimakk has the authority to collect the service/product fee on behalf of the Seller regarding the service/product that the Member will purchase from the Seller.

Kaimakk is not obligated to accept the membership request of every applicant, according to the contract freedom. If Kaimakk chooses not to accept a membership request, it is not required to provide any reasons for the rejection.

As per Law No. 6698, Kaimakk holds the title of data controller. The data shared by the member through membership processes on the Site is used by Kaimakk in accordance with this Agreement, as well as the information, explicit consent texts, and privacy policy stated for the specified activities and purposes, and in compliance with the law.

The member acknowledges reading the information texts regarding personal data processing activities presented to them during the membership process on the Site or in different sections of the Site, and agrees to read any changes made by Kaimakk to these texts when necessary. The member accepts that they are well-informed about the processing and transfer activities of their personal data as described in these texts and the privacy policy, and provides explicit consent freely and willingly for the processing and transfer of their personal data both domestically and internationally, as specified and within the scope of these documents. The relevant information and explicit consent texts and privacy policy are considered integral parts of this Agreement.

It is assumed that the information shared by the member during the membership process is accurate and up-to-date. The member agrees to inform Kaimakk promptly of any updates to their information to ensure the proper and legal performance of the Agreement. The member acknowledges that the personal data collected due to the necessity of processing personal data of the parties to the contract within the scope of this Agreement will be processed and transferred for purposes such as providing the service, performing membership registration and processes, establishing and executing contracts related to products and services sold or offered to the member, conducting product and service sales and return activities, recording and delivering orders, issuing invoices, ensuring the supply of products/services, conducting sales and post-sales support services, and carrying out financial and accounting operations.

Based on the analysis of the member's transactions and behaviors on the Site, the member can be categorized with other members exhibiting similar behaviors. Special campaigns, advertisements, offers, advantages, new products, and services, etc., can be presented to customer segments created as a result of this activity.

Kaimakk may offer personalized benefits, campaigns, opportunities, features, and other additional products and services to the member. These services are provided to the member by processing and analyzing personal data, such as information about the member's purchases, information provided during registration, updated information in the My Account section, and actions taken while using the Site, through third parties.

Various personal data shared by the member with Kaimakk through different channels can be matched and enriched using data singulation/enrichment methods. By combining and analyzing personal data shared through various channels, a comprehensive view of the member can be created, and personalized campaigns and opportunities can be generated for the member.

Kaimakk may send commercial electronic messages to the member through various electronic communication tools such as SMS, email, push notification, call, pop-up display, etc., based on data and personal data processing, for general or personalized campaigns, advertisements, offers , marketing, opportunities, new products and services, contests, draws, openings, other events, surveys, and customer satisfaction. Kaimakk performs these activities in compliance with relevant legislation. Kaimakk does not charge any fees for the commercial electronic messages it sends to the member. In the case of the member giving commercial electronic message approval for another legal entity through the Site, the approvals given by the member are transferred to the relevant legal entity. In this case, the relevant legal entity carries out the sending of commercial electronic messages, and Kaimakk is not responsible for these messages.

Even if the member rejects the receipt of commercial electronic messages from Kaimakk, certain messages will continue to be sent in accordance with the legislation, including messages related to changes, usage, and maintenance of the acquired goods or services, as well as notifications related to ongoing subscriptions, memberships, or partnerships, reminders of debts, information updates, purchase and delivery, and similar situations imposed on the service provider by the legislation.

Kaimakk takes all necessary technical and administrative measures to ensure an adequate level of security to prevent the unlawful processing of personal data, prevent unauthorized access to personal data, and ensure the preservation of personal data.

Upon the termination of the Agreement, Kaimakk will destroy personal data in accordance with the periodic destruction procedure and in compliance with the legislation. Personal data required by law to be retained can be processed for the purpose in connection, proportionate, and limited to the legislation-required period under Law No. 6698.

The member acknowledges, declares, and undertakes that the obligations of informing and obtaining explicit consent regarding personal data belonging to third parties that the member will share with Kaimakk are fulfilled by the relevant party. Other details regarding the protection of personal data and privacy are extensively covered in the relevant information and explicit consent texts and the privacy policy. Members who approve the Agreement are considered to have read, understood, and accepted these texts.

Kaimakk reserves the right to make changes to the matters specified in Article 4 of this Agreement in accordance with the legislation or the requirements of the activities carried out. These changes will be effective from the date they are published on the Site and/or announced through other methods.

Termination of the Agreement:

In the event of any breach of obligations by the member under this Agreement, the Agreement may be unilaterally terminated by Kaimakk immediately and without compensation. Access to the Site may be blocked, and all necessary measures, including the cancellation of membership, may be taken unilaterally by Kaimakk without the need for any notification to the member. The member agrees that legal and criminal liability will be solely their responsibility. In case Kaimakk or the relevant right holders face any legal, administrative, financial, or criminal sanctions, claims, or similar demands, the member undertakes exclusively to be responsible and will promptly, in cash and at once, reimburse any expenses, damages, and fees that Kaimakk may have to pay to third parties without the need for a court decision. In such a case, the member acknowledges that Kaimakk has the right of recourse against the member for all expenses, damages, and fees.

The member may terminate their membership at any time without stating any reasons and without paying any penalties by providing written notification to Kaimakk through the communication channels specified on the Site or by performing the procedure in the relevant areas. The Agreement will remain in effect until the termination of the membership by the member or the termination of the membership by Kaimakk.

Various Provisions:

In case of disputes arising from this Agreement, the official records and commercial records of Kaimakk and the e-archive records, log records, electronic information, confirmed fax messages, emails, and computer records kept in the databases and servers of Kaimakk or its service providers/sub-service providers will constitute inclusive, final, and exclusive evidence, and this article will be considered as a contract of evidence within the meaning of Article 193 of the Code of Civil Procedure No. 6100.

Occurrences that arise without any fault of Kaimakk and that were not foreseeable and preventable at the time of signing the Agreement, such as epidemic diseases, adverse weather conditions, earthquakes, strikes and lockouts, war, embargoes, riots, rebellions, natural disasters, decisions of state authorities, and any direct actions that make the performance of their obligations impossible during force majeure will be considered as force majeure. During force majeure, Kaimakk may suspend its responsibilities related to affected actions, cannot be held responsible for delayed or prevented obligations due to force majeure, and this situation will not be considered a breach of the Agreement. In such a case, there is no need for additional notification to the member.

The Agreement will be exclusively subject to the laws of the Republic of Turkey. Any dispute arising from or related to this Agreement or connected to this Agreement will be under the exclusive jurisdiction of the Istanbul Çağlayan Courts and Execution Offices. If the member is a consumer, they can submit their disputes regarding consumer law to the consumer court or consumer arbitration board.

Kaimakk will communicate with the member through the email address provided by the member when registering on the Site or by making a call or sending an SMS to the phone number, or using other communication methods deemed appropriate by Kaimakk. The member is responsible for keeping their email address and phone number up-to-date. The most recent email address notified by the member to Kaimakk will be accepted as the legal notification address for any notifications related to this Agreement.

The Membership Agreement constitutes the entire agreement between the parties on the subject. If any provision of this Membership Agreement is found to be wholly or partially invalid or unenforceable by any competent court, arbitration board, referee board, or administrative authority or is deemed unreasonable, the invalidity, unenforceability, or unreasonableness of such provision will be considered divisible , and the other provisions will remain in full force and effect.

Without the prior written consent of Kaimakk, the member cannot assign their rights or obligations under this Membership Agreement in whole or in part.

The failure or non-performance by one of the parties to use or execute any right given to them by this Membership Agreement will not be deemed as a waiver of such right, and it will not prevent the use or execution of such right later.

The Agreement and all regulations on the Site constitute an integral part of this Agreement, governing the terms and conditions of the services and content provided by Kaimakk. All policies, contracts, and texts on the Site are considered an integral part of this Agreement.

By registering, the member acknowledges that they have read and accepted all the articles in this Membership Agreement. This Agreement is concluded and becomes effective mutually at the moment the member joins.

 

MOOD UP GIDA A.Ş. “www.kaimakk.com”

CRS: 0622-0778-1180-001

Address: Yeniköy Mah. Dr. Cevat Kerim İncedayı Sk. No:16, 34460 Sarıyer/İstanbul

Phone: 05367427544