MEMBERSHIP AGREEMENT
1.PARTIES
1.1. This Membership Agreement ("Agreement") is executed between Hana Tekstil Dış Ticaret ve Sanayii A.Ş. ("Hana Inc.") located at Çakmaklı Mah. Katip Sk. No:2/1 Büyükçekmece, and the Member ("Member") to determine the terms and conditions for the Member to benefit from the Services offered on Hana Inc.’s website.
1.2. Hana Inc. and the Member shall be individually referred to as a "Party" and collectively as the "Parties" in this Agreement.
2.DEFINITIONS
Cookie Policy refers to the text available on the Website (https://www.luokk.co/genel/gizlilik-politikasi-) that provides information on the cookies used to ensure the functional operation of the Website, improve Members’ shopping experience, and deliver content tailored to Members’ preferences and interests based on their visits to the Website.
Privacy and Personal Data Protection Policy refers to the general privacy policy of Hana Inc., which regulates matters such as how personal data shared by Members through the Website is used and for what purposes, and which can be accessed through the Website (https://www.luokk.co/genel/gizlilik-politikasi-).
My Account Page refers to the personalized page accessible only by the respective Member via a username and password, where the Member can perform the necessary actions to benefit from various applications and Services offered on the Website and input the required information, including personal data.
Service refers to the services and applications provided by Hana Inc. or a business partner designated by Hana Inc. to allow Members and Visitors to perform the work and transactions defined within this Agreement.
Online Store refers to the virtual space allocated to Sellers by Hana Inc. on the Website in accordance with Hana Inc.'s procedures and rules, allowing Sellers to publish listings consisting of content and visuals for the sale of one or more products and/or services.
Seller refers to the legal or real person who is a member of the Website under the Seller Partnership and Listing Agreement with Hana Inc. and offers various products and/or services for sale through listings published from their account on the Website.
Member refers to the real person who becomes a member of the Website under this Membership Agreement with Hana Inc. and purchases the products and/or services offered for sale through the listings published by Sellers on the Website.
Website refers to the internet site with the domain www.luokk.co, including its mobile applications and mobile site, owned by Hana Inc. and used to provide the Services as defined in this Agreement.
Visitor refers to a real person who uses the Website and benefits from the Services without becoming a Member.
3.SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT
3.1. Hana Inc. operates the Website and acts as an intermediary service provider in accordance with Law No. 6563 on the Regulation of Electronic Commerce.
3.2. Under this Agreement, the Member wishes to become a member of the Website, benefit from the Services, and purchase the products and/or services offered for sale by Sellers through their Online Stores.
3.3. The purpose of this Agreement is to determine the terms and conditions for benefiting from the Services and to identify the rights and obligations of the Parties accordingly. By accepting this Agreement, the Member declares and undertakes that they also accept all statements regarding the Services, content, applications, and Members on the Website, whether existing or to be made in the future.
3.4. For clarity, this Agreement is solely between the Parties and covers only the terms and conditions of the Services provided on the Website. The relationship between Members and Sellers is not covered by this Agreement, and Hana Inc. shall not be liable for any issues arising from such relationships. Members shall exercise their rights against Sellers in accordance with applicable legislation, including but not limited to Law No. 6502 on Consumer Protection.
4.RIGHTS AND OBLIGATIONS OF THE PARTIES
- 4.1. In order to obtain membership status, the Membership Agreement must be approved, and the information requested on the membership page must be filled in with accurate and up-to-date details. Users who wish to become members must be at least 18 (eighteen) years old. The Member is personally responsible for any damages that may arise due to inaccurate or outdated information provided while completing the Membership Agreement.
4.2. In the event of a dispute regarding to whom the membership rights and obligations belong, and if such individuals submit a request to Hana Inc., Hana Inc. has the right to consider the last person who made a payment to Hana Inc. for any Service using the relevant Membership account as the account owner and act accordingly.
4.3. Since Hana Inc. is not the seller of any product or service listed on the Website and acts solely as an “intermediary service provider” under Law No. 6563 on the Regulation of Electronic Commerce and as a “hosting provider” under Law No. 5651 on the Regulation of Broadcasts via the Internet and Prevention of Crimes Committed through Such Broadcasts, it has no responsibility for content not published by itself and is not obligated to check whether such content is lawful. However, at its sole discretion, Hana Inc. may monitor such content at any time and may restrict access to or delete it if deemed necessary. Individuals who violate the rights of Hana Inc. or third parties through any visual, written, or other content they publish on the Website are liable to Hana Inc. and/or the relevant third parties.
4.4. The Member accepts and declares that for any purchase made from a Seller through the Website, the Seller shall be the seller and the Member shall be the buyer in the distance sales agreement to be concluded; Hana Inc. is not a party to said distance sales agreement; and that the Seller is solely and fully responsible towards the Member under applicable consumer protection and other relevant legislation. In this context, the Member accepts and declares that the Seller is solely responsible for the quality, compliance with legislation, issuance of warranty documents and invoices, delivery of other required documentation, after-sales service, and timely delivery of the products offered and sold on the Virtual Store.
4.5. The Member accepts and declares that in all transactions and communications carried out on the Website, they will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Website, current legislation, and ethical rules. The Member is solely responsible for any legal and criminal liability arising from their actions and operations within the Website.
4.6. Hana Inc. may, in accordance with applicable legislation and by notifying the Member in advance if necessary under Law No. 6698 on the Protection of Personal Data, and always subject to data transfer regulations, share the Member’s information with competent authorities upon request.
4.7. Personal data collected from Members during registration or purchases may be shared, solely for the purpose of exercising legal rights in disputes related to fraud, misuse of the Website, or other matters that may constitute a crime under the Turkish Commercial Code No. 6100, with other Members or Sellers who may be parties to such disputes. This is done in accordance with Law No. 6698, upon prior notification and subject to data transfer rules.
4.8. The username and password required by the Member to access the My Account Page and carry out transactions through the Website are created by the Member. The security and confidentiality of this information are the Member’s sole responsibility. The Member accepts, declares, and undertakes in advance that they are solely responsible for all activities performed using their username and password, cannot make any objections or defenses that such actions were not carried out by them, and may not refrain from fulfilling obligations on these grounds.
4.9. The Member shall not use the Website unlawfully or unethically, including but not limited to the following cases:
4.9.1. Using the Website to create databases, records, or directories on behalf of any person;
4.9.2. Using the Website in whole or in part to disrupt, alter, or reverse engineer;
4.9.3. Carrying out transactions with false or third-party information, creating fake membership accounts using misleading or incorrect residency, email, contact, payment, or account information, unauthorized use of another Member’s account, impersonating someone else, or using a false name to participate in transactions;
4.9.4. Using the comment and rating systems for purposes outside the Website, such as publishing reviews elsewhere, or manipulating the system;
4.9.5. Disseminating viruses or any other technology that may damage the Website, its database, or any content therein;
4.9.6. Collecting personal data about Members or Sellers, including email addresses, without consent, or engaging in activities in violation of Law No. 6698;
4.9.7. Engaging in activities that place an unreasonable or disproportionately large load on Website communications or technical systems, or harm their operation, including using automated programs, robots, web crawlers, spiders, data mining, or scraping tools without prior written consent of Hana Inc. to access or copy content;
4.9.8. Using the Services or any campaign or benefit provided through the Website maliciously or for unjust gain, including violating campaign terms in bad faith.
4.10. The Member is obligated to carry out transactions on the Website without causing any technical harm. The Member accepts and undertakes that they have taken all necessary precautions to ensure that all information, content, materials, and other data they provide do not contain any software, viruses, malware, unlicensed products, Trojan horses, etc., that could harm the system, including by using protective software and licensed products. The Member also agrees not to access the Account Page using robots or automated login methods.
5.TERMINATION OF THE AGREEMENT
5.1. Either Party may unilaterally terminate this Membership Agreement at any time without compensation. In such a case, the Parties shall mutually fulfill their rights and obligations accrued until the date of termination.
5.2. If Hana Inc. determines that the Member has violated any provision of this Membership Agreement or has reasonable suspicion thereof, it reserves the right to suspend or terminate the membership and to pursue legal action.
6.PRIVACY AND PROTECTION OF PERSONAL DATA
6.1. Hana Inc. places great importance on the lawful processing, security, and protection of the personal data provided by the Member via the Website in accordance with the Law No. 6698 on the Protection of Personal Data. Hana Inc. collects, uses, transfers, and processes the personal data in other ways in accordance with the Privacy and Personal Data Protection Policy and the Cookie Policy available on the Website. The Member understands that they can always review the Privacy and Personal Data Protection Policy on the Website and exercise their rights by sending an email to kisiselverilerim@luokk.co or by using the methods specified in the Application Form on the Website.
6.2. The personal data shared by the Member during membership registration or use of the Website is collected, stored, and processed by Hana Inc. and its business partners in accordance with the Privacy and Personal Data Protection Policy and the Cookie Policy for the following purposes: fulfilling the obligations defined under the Membership Agreement, operating the Website, offering various advantages to the Member or Visitor, completing payment transactions, delivering orders, conducting customer services and complaint processes, and conducting personalized advertisements, sales, marketing, surveys, and similar electronic communications, profiling, and statistical studies. These personal data may also be shared with Hana Inc. and its affiliates in compliance with Law No. 6698 for the purpose of offering personalized advantages and performing sales, marketing, and related activities. (For more information about affiliates, please visit www.luokk.co.)
7.INTELLECTUAL PROPERTY RIGHTS
The Luokk brand and logo, the design, software, domain name of the Luokk mobile application and Website, and all kinds of content created by Hana Inc. including trademarks, designs, logos, trade dress, slogans, and other elements, are the exclusive property of Hana Inc. The Member may not use, share, distribute, display, reproduce, or create derivative works from these intellectual property elements without Hana Inc.’s express consent. The Member may not use the whole or part of the Luokk mobile application or Website in any other media without permission. In case the Member acts in violation of Hana Inc.'s or third parties' intellectual property rights, the Member agrees to compensate for all direct and indirect damages and expenses incurred.
8.AMENDMENTS TO THE AGREEMENT
Hana Inc. may, at its sole discretion and at any time, amend this Membership Agreement and any policy including but not limited to the Privacy and Personal Data Protection Policy and the Cookie Policy, without violating applicable laws, by publishing them on the Website. Such amendments shall become effective on the date of publication on the Website. The remaining provisions shall continue to remain in force. For the avoidance of doubt, the Member may not unilaterally amend this Membership Agreement.
9.FORCE MAJEURE
In cases such as uprising, epidemic, embargo, government intervention, rebellion, occupation, war, mobilization, strike, lockout, labor actions or boycotts, cyber-attacks, communication failures, infrastructure and internet outages, system improvements or maintenance works, power failures, fire, explosion, storm, flood, earthquake, migration, or other natural disasters, or other unforeseen events beyond the reasonable control and not due to the fault of Hana Inc. ("Force Majeure"), if such events prevent or delay Hana Inc. from fulfilling its obligations under this Membership Agreement, Hana Inc. shall not be held liable and such events shall not be considered a breach of contract.
10.MISCELLANEOUS PROVISIONS
10.1. Agreement on Evidence. The Member accepts that in the event of any dispute arising out of this Membership Agreement, the official books and commercial records of Hana Inc., e-archive records, electronic information, electronic correspondences, and computer records maintained on its servers shall constitute binding, conclusive, and exclusive evidence and that this article constitutes an evidentiary contract within the meaning of Article 193 of the Turkish Code of Civil Procedure.
10.2. Governing Law and Jurisdiction. This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any disputes arising out of or in connection with this Membership Agreement shall be subject to the exclusive jurisdiction of Istanbul Central (Çağlayan) Courts and Enforcement Offices.
10.3. Notification. Hana Inc. shall communicate with the Member via the email address or phone number provided during registration. The Member is responsible for keeping their contact information up to date.
10.4. Entire Agreement and Severability. This Membership Agreement constitutes the entire agreement between the Parties regarding the subject matter. If any provision is found to be invalid or unenforceable in whole or in part by a competent court, arbitral tribunal, or administrative authority, that provision shall be deemed severable to the extent of its invalidity or unenforceability, and the remaining provisions shall continue in full force and effect.
10.5. Assignment. The Member may not assign any of their rights or obligations under this Membership Agreement in whole or in part without Hana Inc.’s prior written consent.
10.6. Waiver and Modification. Failure by either Party to exercise or enforce any right under this Membership Agreement shall not constitute a waiver of such right and shall not prevent any future exercise or enforcement of such right.
This Membership Agreement, consisting of ten (10) articles, has entered into force upon the Member's electronic approval after reading and fully understanding each provision.
