TINY-WITCH

Introduction

This Membership Agreement (“Agreement”) and all all policies and additional terms and conditions posted on and in our sites, applications, tools, products or services (collectively “Services”) set out the terms on which D-Market Elektronik Hizmetler ve Tic. A.Ş. (“Hepsiglobal” or “We”) offers who access to global.hepsiburada.com and mobile applications and use of our Services (“Member” or “You”).

This Agreement is entered into between Hepsiglobal and Member.

These ("Terms & Conditions") govern your membership and use of the website of global.hepsiburada.com (the "Hepsiglobal Site" or the "Site") and your purchases and use of products available through the Site. The Site is operated by Hepsiglobal and/or its subsidiaries and affiliates (collectively referred as "Hepsiglobal"). Hepsiglobal reserves the right to modify, update and terminate the content of the website and services provided to members in any time or delete member’s registered information and data.

We reserve the right to update, revoke or modify the Terms & Conditions of this Agreement at any time without prior notice. For this reason, we encourage you to review the Terms & Conditions whenever you visit the Site. 

Terms & Conditions

By establishing membership on the Site or purchasing or using products through the Site, you acknowledge and agree as follows:

1. GENERAL
   You represent that you are (a) at least 18 years of age, (b) of legal age to form a binding contract, and (3) not a person barred from entering into contracts under your local jurisdiction.
   You shall establish and use your membership on the Site, and purchase and use the products available through the Hepsiglobal Site, in strict compliance with these Terms & Conditions and all applicable laws, rules and regulations (collectively, "Laws").  All calls, emails and other communications between you and Hepsiglobal may be recorded. The member agrees and undertakes to comply with the provisions of the legal legislation and not to infringe related legislation while using the web site. Otherwise you shall be responsible for all legal and penal obligations.

1. HEPSIGLOBAL MEMBERSHIP

• Establishing a Membership

You may establish a membership on the Site. Enrolment requires you to (1) indicate agreement to these Terms & Conditions, (2) provide contact information and identification details, and (3) submit any other form of authentication as required by Hepsiglobal as part of the enrolment process. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. Otherwise, you shall not claim any compensation and other claims arising from such unauthorized use from Hepsiglobal.

• Use of Membership

You shall not use your Hepsiglobal membership for any fraudulent or improper purpose or any purpose that is competitive to Hepsiglobal.  You shall notify Hepsiglobal immediately by emailing [global@hepsiburada.com] of any unauthorized use of your Hepsiglobal membership or the Hepsiglobal Site known to you.  Hepsiglobal reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Hepsiglobal neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Hepsiglobal. Termination of your access or use will not waive or affect any other right or relief to which Hepsiglobal may be entitled.

• Membership Termination

Hepsiglobal may terminate your membership and refuse any and all current or future use of the Site (a) in order to comply with applicable Law, (b) if you provide any information that Hepsiglobal determines, at its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (c) if Hepsiglobal determines, in its sole discretion, that you are using your Hepsiglobal membership in a manner not permitted by these Terms & Conditions, or (d) in other circumstances, as Hepsiglobal deems appropriate in its sole discretion.

1. WEBSITE TERMS OF USE

• Privacy

Please review our Privacy Notice   and Cookie Policy  

• License
  All content available through this Site (including without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Hepsiglobal, its licensors or its content providers, and is protected by copyright, trademark and other applicable Turkish and foreign laws.
  Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall cause the termination of your membership by Hepsiglobal.

• Content You Submit Through the Site

Your submission of personal information through the Site is governed by our privacy notice, which can be reached by clicking on the "Privacy Notice Cookie Policy" link located in the  Site (the "Privacy Notice and Cookie Policy"). The Terms & Conditions incorporates by reference the terms and conditions of the Privacy Notice and Cookie Policy.  You grant Hepsiglobal a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media.  You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Hepsiglobal.
You represent that all of the information, data and other materials you provide on this Site or to Hepsiglobal through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate. You are responsible to Hepsiglobal for any damage that occurs due to the inaccurate information you have provided.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.  Some features that may be available on this Site may require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

Member agrees and undertakes that not to reach or use other internet users’ software and data without permission. Otherwise, all damages and expenses arising from unauthorized use belong to member.

• Disclaimers
  Except as otherwise expressly provided in these Terms & Conditions, or required by applicable law, Hepsiglobal makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Hepsiglobal membership, any content on the Site, or any products purchased through the Hepsiglobal site, as well as warranties implied from a course of performance or course of dealing.
  Your use of this Site is at your sole risk.  The Site is provided on an "as is" and "as available" basis.  We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time.  Hepsiglobal disclaims any warranties that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete.  If you download any content from this Site, you do so at your own discretion and risk.  You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.  No advice or information obtained by you from the Site shall create any warranty of any kind.

LIMITATION OF LIABILITY

The providers whose products are available on the Hepsiglobal Site are independent contractors and not agents or employees of Hepsiglobal. Hepsiglobal is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
You acknowledge and agree that you assume full responsibility for your use of the site and/or for use of the Hepsiglobal membership, communications with third parties, and purchase and use of the products and services available through the Hepsiglobal Site. Member shall not use the website in any way to disrupt the public order, contrary to the general morality, uncomfortable and harassing for others, for an unlawful purpose, to infringe the intellectual and copyright of others. In addition, the member shall not engage in any activity (spam, virus, trojan horse, etc.) that may prevent or complicate the use of services by others. Opinions which are stated, used, written by the members on the website are completely the personal opinions of the members and these opinions are binding for the members. These views and thoughts have no interest and connection with Hepsiglobal. Hepsiglobal has no responsibility for any damages incurred by the third parties due to the member’s views and thoughts. Also Hepsiglobal has no responsibility for any damages incurred by the member due to third party’s views and thoughts. You acknowledge and agree that any information you send or receive during your membership and/or use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither Hepsiglobal nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (a) this Site, or any other Site or resource you access through a link from this Site; (b) any action we take or fail to take as a result of communications you send to us; (c) your Hepsiglobal membership, any termination or cancelation of your membership; (d) any products or services made available or purchased through the Hepsiglobal site, including any damages or injury arising from any use of such products; (d) any delay or inability to use the Site or any information, products or services advertised in or obtained through the Site; or (e) the modification, removal or deletion of any content submitted or posted on the Site

1. INDEMNITY
   You agree to defend, indemnify and hold Hepsiglobal (including our affiliates and subsidiaries, as well as our officers, directors, employees) harmless from and against any and all claims, demands, damages, costs and expenses, legal fees (including attorneys' fees), made by any third party due to or arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Terms & Conditions.

5. SEVERABILITY
   If any provision of these Terms & Conditions shall be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

1. APPLICABLE LAW

These Terms & Conditions and the relationship between you and Hepsiglobal will be governed by the laws of Turkey. Any disputes arising out of this Agreement will be resolved by İstanbul courts.