USER AGREEMENT
• PARTIES
• This User Agreement ("Agreement") has been established electronically on the following terms and conditions between the persons ("Member") who use the products/services ("Member") on the website www.babyfee.co ("Website") of NMS Giyim ve Mağazacılık Ticaret A.Ş ("NMS" or the "Company") located at Maltepe Mahallesi, Eski Çırpıcı Yolu Sokak, No:8/33, 34025 Zeytinburnu Istanbul / Turkey. This Agreement NMS and the Member hereinafter referred to as "Parties"
• SUBJECT AND SCOPE OF THE AGREEMENT
The purpose of this Agreement is to establish the terms and conditions governing the use of the products purchased by the Member through the Website, where the products within NMS are offered for sale, as well as the corresponding services to be utilized.
• RIGHTS AND OBLIGATIONS OF THE PARTIES
• You may become a Member free of charge by completing the membership procedures on the Website and concluding this Agreement.
• The Member declares that he/she is at least 18 (eighteen) years of age (or older) in order to qualify for membership and that he/she understands and accepts these terms. Provided that the Member is at least 13 (thirteen) years old and has the power of discernment, if he/she is under the age of 18 (eighteen), he/she is required to use the Website only in the presence of a parent or legal representative, and in this context, the Member declares that his/her parent or legal representative has reviewed and accepted this Agreement. No one under 13 (thirteen) years of age may use the Services in any way.
• When registering as a member of the Website, the Member is obligated to provide accurate, truthful, and up-to-date personal and other information in compliance with applicable laws. The scope of such information is determined by NMS and may be modified or expanded as necessary. The Member may update or amend this information at any time. The Member hereby represents and warrants that they shall fully and promptly indemnify NMS for any damages incurred as a result of the inaccuracy or falsity of the information provided.
• The Member accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the Website. Otherwise, all legal and criminal liabilities that may arise shall be fully and exclusively binding on the member.
• The right to use the password received by the Member within the scope of membership for the use of the Website belongs exclusively to the Member. The Member may not give this password to any third party. All legal and criminal liability regarding the use of the password and the system access tools (user name, etc.) used to benefit from the Website belongs to the Member.
• A member cannot transfer his/her membership to another person.
• The member may not use the www.babyfee.co website in any way that disrupts public order, violates public morality, disturbs and harasses others, for an illegal purpose, or infringes the intellectual and copyright rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) and transactions that prevent or make it difficult for others to use the services.
• If Members choose to use a nickname within the scope of their membership on the Website, the selected nickname must comply with applicable laws and moral standards. It must not contain any insults, profanity, derogatory, offensive, or humiliating language that infringes upon personal rights.
• NMS may make evaluations and statistical studies by anonymizing the introductory and/or personal information provided by the Members, and may announce them in a general manner on the Website.
• NMS may share the Member's information with the relevant official authorities to comply with regulatory requirements, enforcement actions, or judicial decisions, strictly limited to the scope of the request. If there is no confidentiality order issued by the relevant official authority, the Member shall be informed of such disclosure.
• NMS may, at its sole discretion, create promotional codes or campaigns related to its products and associated services. Members who have opted to receive such notifications will be informed by NMS regarding these promotional codes or campaigns. The Member agrees and undertakes not to engage in any actions or practices that may constitute an abuse of the services offered by NMS through such promotions or campaigns. Additionally, if the Member is between the ages of 13 and 18 and possesses the capacity to discern, they acknowledge and declare that they have obtained the consent of their parent or legal representative to participate in the relevant promotion or campaign.
• Promotional codes or campaigns must be used for their intended purpose and in accordance with the law, must not be transferred to another person unless approved in writing by NMS, and must only be used provided that the conditions stipulated for the promotion or campaign are complied with. Promotions or campaigns may be canceled by NMS at any time without any reason. The Member shall not have any claim against NMS with respect to the canceled promotion or campaign. At the same time, the Member always has the opportunity to refuse the receipt of commercial electronic messages provided at the stage of obtaining his consent to send him commercial electronic messages. It will always be able to refuse to receive commercial electronic messages regarding promotions/campaigns.
• All credit card transactions and approvals conducted on the Website are carried out online directly between the relevant banks or similar card organizations, independently of the Website. BabyFee does not have access to or store sensitive information such as credit card passwords. Information entered on the Website for membership, product/service purchases, and information updates, as well as the sensitive and confidential details of credit and debit cards, cannot be accessed or viewed by other internet users.Without the prior consent of NMS, it is forbidden for the Member to link to another website, the content of a website or any data on the network in any transaction to be made through the Website.
• The disclaimers set forth for NMS under this Agreement shall also apply to the Company's employees and partners.
• NMS may update, amend or repeal the terms of this Agreement at any time without prior notice and/or warning in any form or manner. Each updated, amended or repealed provision shall become effective for the Member on the date of publication.
• In the event that the Member violates the provisions of this Agreement, all criminal and legal liability arising from such violations shall rest solely with the Member. The Member shall indemnify and hold the Company harmless from any damages, lawsuits, claims, or demands that may arise as a result of these violations. Furthermore, NMS reserves the right to seek compensation from the Member for any losses incurred due to such violations.
• RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS
• In accordance with Law No. 6698 on the Protection of Personal Data, the Member's information, including but not limited to name, surname, email address, T.R. Identity Number, and financial data, which qualify as personal data, may be processed for the following purposes: receiving orders, offering and improving products and services, resolving systemic issues, processing payments, conducting marketing activities related to orders, products, and services—subject to the Member’s prior consent—updating Member information, managing and maintaining memberships, and executing the distance sales contract and other agreements established between the Member and NMS. Such data may be recorded, stored in written or digital archives, used, updated, shared, transferred, or otherwise processed by third parties and/or organizations for the periods specified in the policies on the Website, to enable NMS to provide technical, logistical, and other similar functions through third parties.
• If the Member provides prior consent, NMS may send commercial electronic communications via SMS/text message, instant notifications, automated calls, computer systems, telephone, email, fax, or other electronic communication channels for the purposes of promotion, advertising, communication, publicity, sales, and marketing of various products and services, in compliance with applicable legislation. However, no prior approval from the Member is required for transactions related to credit card and membership information.
• The Member may request NMS to cease the processing of their data and/or communication activities at any time by reaching out through the designated communication channels. Upon the Member’s explicit request, the processing of personal data and/or communications shall be terminated within the legally prescribed maximum period. Furthermore, if requested, the Member’s information—except for data that is legally required to be retained or that may lawfully be kept—shall be deleted from the data recording system or anonymized in a manner that prevents identification.
• All intellectual and industrial rights, as well as property rights, on all information and content of the Website, including their arrangement, revision, and partial or complete use, except for those belonging to third parties in accordance with the agreement of NMS, shall be owned by NMS.
• TERMINATION OF CONTRACT
This agreement shall remain in effect until the member cancels their membership or their membership is terminated by NMS. NMS reserves the right to unilaterally terminate the agreement by canceling the member's membership in the event that the member violates any provision of the membership agreement.
• FORCE MAJEURE
NMS shall not be held liable for any delay or failure in the performance of this Membership Agreement in cases deemed as force majeure under the law. Such events and similar circumstances shall not be considered as delays, non-performance, or default on the part of www.babyfee.co, and shall not give rise to any obligation of compensation for NMS.
• DISPUTE RESOLUTION AND APPLICABLE LAW
• This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Turkey.
• In the event of any disputes arising from this Agreement, the Istanbul Courts and Enforcement Offices shall have exclusive jurisdiction.