Site Usage and Membership Agreement

Parties

This membership agreement ("Membership Agreement") is made between Nihan Ayvalı ("Nihan İstanbul"), located at Göktürk Merkez Mah. Belediye Cad. Larus Loft No:21 İç Kapı No:62 Eyüpsultan / Istanbul – Turkey, and the member ("Member"), to determine the conditions for benefiting from the services offered by Nihan İstanbul on the website www.nihanistanbul.com.
Nihan İstanbul and the Member will be referred to individually as "Party" and collectively as "Parties" in this Membership Agreement.

Purpose and Scope

Nihan İstanbul operates the online e-commerce platform at www.nihanistanbul.com and is the seller of the products or services available on the Website.
Under this Membership Agreement, the Member intends to become a member of the e-commerce platform at www.nihanistanbul.com and purchase the products and/or services sold by Nihan İstanbul on this platform.
The purpose of this Membership Agreement is to define the conditions for Members to benefit from the Services provided by Nihan İstanbul on the Website and to determine the rights and obligations of the Parties accordingly. By accepting this Membership Agreement, the Member acknowledges, declares, and undertakes that they accept all statements regarding the use, content, applications, Members, and users of the Services offered by Nihan İstanbul on the Website.

Definitions

Cookie Policy: Refers to the text available on the Website that informs about cookies used to ensure the functional operation of the Website, improve the shopping experience, and provide content tailored to users' preferences based on their visits to the Website.
Privacy Policy: Refers to the text available on the Website that regulates Nihan İstanbul’s general privacy policy concerning how personal data provided by Members through the Website will be used.
My Account Page: Refers to the Member-specific page accessible only by the Member using a username and password, where the Member can perform necessary operations to benefit from various applications and Services on the Website, and input personal information and data requested for application purposes.
Service: Refers to the applications provided by Nihan İstanbul to enable Members to perform the transactions defined in this Membership Agreement.
Member: Refers to the individual who has become a member of the Website under the Membership Agreement with Nihan İstanbul.
Website: Refers to the website at www.nihanistanbul.com where Nihan İstanbul offers the Services defined in this Membership Agreement.

Rights and Obligations of the Parties

To acquire membership status, a user wishing to become a Member must approve this Membership Agreement found on the Website and fill out the requested information with accurate and up-to-date details. The user must be at least 18 (eighteen) years old. Membership status begins with the completion and notification of the approval process, thereby subjecting the Member to the rights and obligations stated in this Membership Agreement and relevant sections of the Website. The Member is solely responsible for any damages arising from providing incorrect or outdated information when filling out this Membership Agreement. The Member has the right to terminate their membership at any time by pressing the "Cancel Membership" button available on the My Account Page.
In the event of a dispute over the ownership of membership rights and obligations, and if the individuals involved request clarification from Nihan İstanbul, Nihan İstanbul will accept the person who made the most recent payment for any Service using the relevant Membership account as the owner of the Membership account and will act accordingly. In such a case, Nihan İstanbul reserves the right to act independently of the rule specified in this Article 4 based on the Membership information, Member transactions, and other relevant information.
If the Member wishes to initiate any legal proceedings or purchasing processes related to the ads they view on the Website, they acknowledge and declare that they are required to fulfill all necessary legal obligations and procedures, including those on the Website, and that Nihan İstanbul has no responsibility or information regarding these obligations and procedures.
The Member declares that they will act in accordance with the provisions of this Membership Agreement, all terms specified on the Website, applicable legislation, and ethical rules in transactions and correspondence conducted on the Website. Legal and criminal responsibility for transactions and actions performed within the Website rests with the Member.
Nihan İstanbul may, upon the request of authorized authorities in accordance with applicable legislation, share the Member’s information with these authorities.
The username and password information needed to access the My Account Page and perform transactions on the Website are created by the Member, and the security and confidentiality of this information are entirely the Member’s responsibility. The Member acknowledges, declares, and undertakes that transactions carried out with their username and password are considered to have been performed by them, that they are solely responsible for these transactions, and that they cannot claim or object that such transactions were not performed by them or avoid fulfilling their obligations based on such claims or objections.
The Member shall not use the Website in a manner that is unlawful or unethical, including but not limited to:

◦ Using the whole or part of the Website for purposes of tampering, modifying, or reverse engineering;

◦ Performing transactions with false information or using another person’s information, creating false Membership accounts with incorrect or misleading address, email, communication, payment, or account information, and using these accounts in violation of the Membership Agreement or applicable legislation, unauthorized use of another Member’s account, or participating in transactions or actions under a false name or as another person;

◦ Using comment and rating systems for purposes other than those intended, such as publishing comments from the Website outside of the Website;

◦ Spreading viruses or any other harmful technology that damages the Website, its database, or any content on the Website;

◦ Performing activities that create unreasonable or disproportionate loads on communication and technical systems specified by the Website, or that damage technical operations, using automatic programs, robots, web crawlers, spiders, data mining, or data crawling software or systems on the Website without prior written permission from Nihan İstanbul, and copying, publishing, or using any content on the Website without authorization.

The Member is obliged to conduct their transactions on the Website in a manner that does not technically harm the Website. The Member agrees and undertakes to take all necessary measures, including using protective software and licensed products, to ensure that all information, content, materials, and other content provided to the Website do not contain any harmful programs, viruses, software, unauthorized products, trojans, etc. The Member also agrees not to access the My Account Page using robots or automatic methods. Any use of the Website or its content contrary to the terms set forth in this Membership Agreement or applicable legislation is unlawful; Nihan İstanbul's relevant claims, legal actions, and enforcement rights are reserved.

Privacy and Protection of Personal Data

Nihan İstanbul values the processing, security, and protection of personal data provided by the Member through the Website in compliance with all applicable legislation, including the Personal Data Protection Law No. 6698. Nihan İstanbul collects, uses, transfers, and processes personal data provided by the Member in accordance with the Privacy Policy and Cookie Policy on the Website. The Member can review the Privacy Policy for more information about the conditions and rights regarding the use of their personal data and can use their rights by sending an email to info@nihanistanbul.com or calling +90 530 237 94 03.

Intellectual Property Rights

The Member may not use, share, distribute, display, reproduce, or create derivative works from the intellectual property rights owned by Nihan İstanbul, its affiliated companies, or business partners without the permission of Nihan İstanbul or the rights holder.

Changes to the Agreement

Nihan İstanbul may unilaterally change this Membership Agreement and any policies, terms, and conditions, including the Privacy Policy and Cookie Policy on the Website, at any time at its sole discretion, provided it does not conflict with applicable legislation, by announcing the changes on the Website. The amended provisions of this Membership Agreement will become effective on the date they are announced on the Website, and the remaining provisions will continue to be in effect and produce their effects and results. For the avoidance of doubt, this Membership Agreement cannot be unilaterally changed by the Member.

Force Majeure

In cases of insurrection, embargo, government intervention, rebellion, invasion, war, mobilization, strike, lockout, labor disputes or boycotts, cyber attacks, communication issues, infrastructure and internet failures, system improvements or updates and resulting malfunctions, power outages, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disasters, or events beyond Nihan İstanbul's control, not caused by its fault and reasonably unforeseeable ("Force Majeure"), if Nihan İstanbul is prevented or delayed from fulfilling its obligations under this Membership Agreement, Nihan İstanbul shall not be held responsible for the performance of its obligations that are obstructed or delayed due to Force Majeure and such a situation shall not be considered a breach of this Membership Agreement.

Miscellaneous Provisions

Evidence Agreement. In disputes arising from this Membership Agreement, the official books and commercial records of Nihan İstanbul and e-archive records, electronic information, and computer records held in Nihan İstanbul's databases and servers will constitute binding, definitive, and exclusive evidence and this article will be considered an evidence agreement in the sense of Article 193 of the Civil Procedure Law No. 6100. Applicable Law and Dispute Resolution. This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any disputes arising from or related to this Membership Agreement shall be subject to the exclusive jurisdiction of the Istanbul Courts and Enforcement Offices.

Notification

Nihan İstanbul will communicate with the Member through the email address or phone number provided during registration by sending emails or SMS messages. The Member is obligated to keep their email address and phone number up-to-date.

Integrity and Severability of the Membership Agreement

This Membership Agreement constitutes the entire agreement between the Parties concerning the subject matter. If any provision of this Membership Agreement is declared wholly or partially invalid or unenforceable by any competent court, arbitration panel, or administrative authority, the invalidity, unenforceability, or unreasonableness of such provision will render the Membership Agreement severable to that extent, and the remaining provisions will continue to be in full force and effect.

Assignment of the Membership Agreement

The Member may not transfer any of their rights or obligations under this Membership Agreement, wholly or partially, without prior written consent from Nihan İstanbul.

Amendment and Waiver

The failure of either Party to exercise any right under the Membership Agreement or to enforce any provision shall not be deemed a waiver of such right or provision or preclude the exercise or enforcement of such right or provision at any later time. This Membership Agreement, consisting of 12 (twelve) articles, has been put into effect by the Member after reading and fully understanding each provision and approving it electronically.