PURCHASER MEMBERSHIP AGREEMENT

 

1. PARTIES

This Buyer Membership Agreement (“Buyer Agreement”) is entered into by and between EVO Sportif Faaliyetler ve İthalat İhracat LTD. ŞTİ. (“L’Orient Blanc”), a company located at Caferağa Mah. Şair Nefi Sok. No:4 D:1-3 Moda Kadıköy İstanbul Türkiye, and the Buyer who is a member of the Website. The purpose of this Agreement is to determine the terms and conditions for the Buyer to use the services provided by L’Orient Blanc on the Website and to determine the rights and obligations of the parties in this regard.

The Buyer hereby acknowledges and declares that he/she has read the entire Buyer Membership Agreement, understands its contents in its entirety, and approves all of its provisions.

 

2. DEFINITIONS

Service(s): Applications developed by "L'Orient Blanc" to enable "Buyer" members to carry out the business and transactions defined in this contract.

User(s): Natural and legal persons accessing the "Website".

Website: In addition, which provides the "Services" defined in this contract, accessible from the www.lorientblanc.com domain name and subdomains. 

Member(s): Natural and legal persons who are members of the "Website" and benefit from the content, applications, and "Services" available on the "Website".

Buyer: A natural or legal person who purchases the goods and/or services offered for sale on the "Website" by the "Seller".

Seller: A legal person who offers goods and/or services for sale on the "Website".

Virtual Store: A "Service" provided through the "Website" that allows "Sellers" to publish listings for multiple goods and/or services they provide in a section specifically reserved for them, and to have other opportunities determined by "L'Orient Blanc". The detailed features of the service are specified in the relevant section of the "Website".

Member Page: The 'Buyer' personalized page, accessible only by the 'Buyer' through a user-defined username and password, allows the 'Buyer' to perform necessary procedures, benefit from various applications, and utilize services available on the 'Website.' On this page, the 'Buyer' enters personal information and information requested on an application basis."

 

3. SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this contract is to determine the terms and conditions for the use of the services provided by "L'Orient Blanc" on the "Website" by "Buyer" and to determine the rights and obligations of the parties in this regard.

This agreement defines the terms and conditions for all "Services", applications, and content on the "Website". Any statement made by "L'ORIENT BLANC" on the "Website" regarding the "Services", use, content, applications, all "Members", and users is considered part of this agreement. By accepting this agreement, the "Buyer" acknowledges, declares, and agrees that he/she has also accepted all statements made by "L'ORIENT BLANC" on the "Website" regarding the "Services", use, content, applications, "Members", and users.

 

4. RIGHTS AND OBLIGATIONS

4.1. To become a "Buyer", a "User" who wants to become a "Buyer" must fill out the membership form on the "Website" with accurate information, agree to the L'Orient Blanc Terms of Use, and have their membership application approved by "L'ORIENT BLANC". If the "User" who wants to become a "Buyer" is an individual, they must be at least 18 years old. Once the approval process is complete and the Buyer is notified, the "Buyer" status begins and the Buyer acquires the rights and obligations specified in this agreement and on the "Website". The "User" is responsible for any damages caused by providing incorrect information that does not meet the membership requirements. The rights and obligations of "Buyer" only apply to the person who applied for "Buyer". The "Buyer" cannot assign these rights and obligations partially or completely to any third party. In the event of a dispute over which natural or legal person owns the rights and obligations of "Buyer", "L'ORIENT BLANC" will consider the membership account of the natural or legal person who last made a payment to "L'ORIENT BLANC" for any "Service" using the relevant membership account to be the "Buyer" and will act accordingly. In such a case, "L'ORIENT BLANC" reserves the right to act independently of the rule stated in this clause based on membership information, membership transactions, and similar information.

4.2. The Buyer acknowledges and declares that if he/she wishes to initiate any legal action or purchase process related to the advertisements he/she viewed on the "Website", he/she must fulfil all necessary legal obligations and legal procedures, including those on the "Website", and that "L'ORIENT BLANC" has no information or responsibility with respect to such obligations and procedures.

4.3. The Buyer acknowledges, represents, and warrants that while he/she is in the status of "Member" and "User", he/she will act in accordance with the provisions of this Agreement, all terms and conditions stated on the "Website", and the applicable legislation and moral rules, and that he/she must fulfil the necessary measures and procedures required by the legislation related to the qualities of the advertiser, seller, taxpayer, or similar, in all transactions and correspondences carried out by him/her on the "Website", and that he/she understands and accepts these rules and conditions. The legal and criminal liability for any transaction and action made by the "Buyer" within the "Website" belongs to him/her.

4.4. L'ORIENT BLANC will share the Buyer's information with the relevant authorities upon request from the competent authorities in accordance with the applicable legislation. These information may be provided to other users who may be involved in the dispute in order for other users to be able to exercise their legal rights, and only within this scope.

4.5. The Buyer is responsible for the security and confidentiality of the username and password information he/she creates to access the "Buyer Member Profile Page" and to perform certain transactions on the "Website". The Buyer acknowledges, represents, and warrants that the transactions made with his/her username and password were made by him/her and that the responsibility for these transactions is his/her own in advance; that he/she cannot make any defence or objection to the fact that he/she did not make the business and transactions carried out in this way, and/or that he/she will not avoid fulfilling his/her obligations based on this defence or objection.

4.6. L'ORIENT BLANC does not allow or consent to any illegal use of the "Website", and in particular, to any use of the "Website" within the scope specified below and to any acquisition, copying, processing, use, and linking to the content on the "Website".

  • The use of the "Website" by the "Buyer" or a third party for the purpose of creating, controlling, updating, or changing a database, registry, or directory for themselves or another person;
  • The use of the "Website" in whole or in part for the purpose of tampering, modifying, or reverse engineering;
  • Engaging in transactions using incorrect information or by using another user's information, creating false user accounts with false or misleading personal information, residence address, email address, contact, payment, and account information, and unlawfully using the Website within or beyond the scope of these terms of use or the membership agreement and its annexes by generating unauthorized transactions through these accounts, unauthorized use of another user's account, acting on behalf of or participating in transactions under someone else's identity or with a false name, or creating an account,
  • The use of the Website for any illegal or fraudulent purpose,
  • The use, copying, modification, transmission, or replacement of all or any part of the content of the "Website", including but not limited to copyright, legally protected content, or content owned by the "Website" or a third party, without the permission of the owner or without permission,
  • Manipulating the price of any transaction or interfering with the transactions of other users;
  • The use of the comment and rating systems of the Website for purposes other than the Website and for purposes other than their intended use (such as publishing the comments on the Website outside the Website);
  • Spreading chain letters or spam;
  • Spreading viruses or any other harmful technology that could damage the Website, the Website's database, or any content on the Website;
  • Collection of any information about Users, including email addresses, without their consent;
  • The use of automated programs, robots, web crawlers, spiders, data mining, data crawling, etc., "screen scraping" software or systems on the "Website" without the prior written permission of "L'ORIENT BLANC", and the unauthorized copying, publishing, or use of any content on the "Website" in whole or in part in this way;

 

The use of the "Website" and the content on the "Website" outside of the usage limits specified in this Agreement is illegal; L'ORIENT BLANC reserves all rights to relevant claims, lawsuits, and follow-up actions.

4.7 L'ORIENT BLANC may use, store, and share the "Member/Personal" information declared by the "Buyer" to the "Website" in accordance with the Privacy Policy, to fulfill the obligations set forth in this Agreement and to carry out the applications required for the operation of the "Website", as well as for statistical evaluations, advertising, marketing, and other commercial communication activities determined by itself or its partners. The "Buyer" acknowledges and declares that he/she consents to the use and storage of his/her information by "L'ORIENT BLANC" in this way. L'ORIENT BLANC will take all necessary measures to ensure the safe storage of such information. The Buyer will have the right to make changes to his/her personal information at any time.

4.8 The Buyer acknowledges, represents, and warrants that he/she has taken all necessary precautions (including using appropriate antivirus software) to ensure that any information, content, material, or data provided by him/her to the Website does not contain any materials that are harmful to the Website or any part thereof, such as viruses, spyware, malicious software, Trojan horses, etc.

 

5. INTELLECTUAL PROPERTY RIGHTS

Buyer may not resell, share, distribute, display, copy, create derivative works from, or prepare compilations of, the information provided on the Website, or L'ORIENT BLANC's copyrighted works; otherwise, the Buyer will be liable for any damages suffered by third parties as a result of the Buyer's actions, including but not limited to the amount of compensation demanded from L'ORIENT BLANC, as well as any other obligations, including but not limited to court costs and attorney fees.

L'ORIENT BLANC retains all rights, including all proprietary, personal, and intellectual property rights, to its assets, both tangible and intangible, including but not limited to its L'ORIENT BLANC Services, L'ORIENT BLANC information, L'ORIENT BLANC copyrighted works, L'ORIENT BLANC trademarks, L'ORIENT BLANC trade dress, or any other rights it may possess through the Website, as well as its commercial information and know-how.

 

6. CONTRACT CHANGES

L'ORIENT BLANC may, at its sole discretion and unilaterally, amend this Agreement at any time by posting it on its Website. The amended provisions of this Agreement shall come into force on the date of posting, and the remaining provisions shall remain in force and continue to produce their effects. This Agreement may not be amended by the unilateral statements of the Buyer member.

 

7. FORCE MAJEURE

In all cases that are considered force majeure under the law, L'ORIENT BLANC is not responsible for any delay, partial or complete failure to perform, or failure to perform any of the obligations specified in this Agreement. In the event of force majeure; delay, partial or complete failure to perform, or failure to perform or default shall not be considered, and no compensation may be claimed from L'ORIENT BLANC by the Buyer for these situations. The term "force majeure" shall be interpreted as events that are beyond the reasonable control of L'ORIENT BLANC and that cannot be prevented even with the necessary care, including but not limited to natural disasters, riots, wars, strikes, cyber-attacks, communication problems, infrastructure and internet outages, system improvement or upgrading works and any malfunctions that may occur as a result, power outages and bad weather conditions.

 

8. APPLICABLE LAW AND AUTHORITY

This Agreement shall be governed by and construed in accordance with the laws of Turkey. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Istanbul Central Courts and Enforcement Offices.

 

9. VALIDITY OF L’ORIENT BLANC RECORDS

The Buyer agrees that in the event of any disputes arising out of this agreement, the electronic and system records, commercial records, ledgers, microfilm, microfiche, and computer records kept by L'ORIENT BLANC in its own database and servers shall be considered valid, binding, conclusive, and exclusive evidence. The Buyer also agrees that L'ORIENT BLANC shall not be required to offer an oath, and that this clause constitutes a contract of evidence under Article 193 of the Turkish Code of Civil Procedure.

 

10. INTEGRITY

If any provision of this agreement or any statement contained in this agreement is invalid, illegal, or unenforceable, the remaining provisions of this agreement shall remain in full force and effect.

 

11. NOTIFICATION

Buyers will be contacted via the e-mail address they provided when registering or through general information on the Website. Communication via e-mail is considered to be written communication. It is the responsibility of the Buyer to keep their e-mail address up to date and to regularly check the Website for notifications.

 

As of the date of membership, the Buyer hereby acknowledges, declares, and undertakes that he/she will be bound by the provisions of this agreement during his/her membership by electronically approving this agreement.