HOPFRÖG WEBSITE MEMBERSHIP AGREEMENT

  1. PARTIES
    • This Hopfrög Membership Agreement (the "Agreement") is entered into between Hopfrög Mağazacılık ve Bilişim Hizmetleri Sanayi ve Ticaret A.Ş. (“Hopfrög”) operating at the website address www.hopfrogkids.com,and the Member (“Member”) who registers on the Site.By becoming a member of the Site, the Member acknowledges, declares, and undertakes that they have read, understood, and accepted all the provisions of the Membership Agreement in its entirety.
    • In this Membership Agreement, it is possible to refer to Hopfrög and the Member separately or together as Parties.
  2. DEFINITIONS

As stipulated in this agreement;

Agreement: refers to the Membership Agreement.

Site: refers to the website www.hopfrogkids.com,

Company: Hopfrög Mağazacılık ve Bilişim Hizmetleri Sanayi ve Ticaret A.Ş’’ni

Member: refers to the individual who enters into the membership agreement available on the Site in order to benefit from the services offered on the Site,

My Account Page: refers to the page where the Member can perform the necessary transactions to benefit from the services available on the Site, enter personal information, and provide information requested from them on the website, accessible only by the relevant Member using the username and password determined by the Member,

Service: refers to the applications developed by Hopfrög to enable Members to conduct their business and transactions on the Site in accordance with this Agreement.

  1. SUBJECT OF THE AGREEMENT
    • The subject of this Agreement is to determine the procedures and principles for becoming a member of the Site in order to benefit from the services provided by Hopfrög on the website www.hopfrogkids.com, as well as to specify the mutual rights and obligations of the Parties.
  2. HOPFRÖG'S RIGHTS AND OBLIGATIONS

4.1.   Hopfrög,  undertakes to fulfill the services stipulated in this Agreement under the conditions specified in the Agreement, and hereby undertakes, declares, and commits to timely supply and deliver the products offered for sale through the Site upon their purchase by the Member.

4.2.  Hopfrög reserves the right to partially or completely change the form and content of the Site without prior notice to the Member, and may make changes and/or updates to the services on the site at various stages. Similarly, Hopfrög may change the domain name of the Site, use different subdomains, redirect the domain name, or close the domain name. However, Hopfrög reserves the right to change, partially or completely freeze, or cancel the services offered on the Site at any time and without providing any reason or notice to the Member.  The Member, acknowledges, declares, and undertakes that they are aware of this.

4.3. Hopfrög may monitor, record, and, if necessary, impose sanctions such as freezing membership, canceling membership, or any other action on any kind of activity of the Member on the Site for security reasons. Hopfrög may always and in any way block access to messages and content that are contrary to the operation of the site or the rights of third parties, to this Agreement and its annexes, to the laws on the protection of personal data, and to general moral rules.

4.4. Hopfrög does not have any responsibility for the accuracy of the content and information provided by Members on the Site, nor does it have any obligation to investigate or verify the legality and accuracy of this content and information.

4.5.Hopfrög may make changes to this Agreement and its annexes for the purpose of more effective performance of the specified obligations and improvement of the services offered on the Site, or due to changes in the law. In the event of any changes, they will be announced on the Site and presented to the Member for approval. If the Member approves these changes, they will be deemed to have accepted them.

  1. MEMBERSHIP STATUS, MEMBER'S RIGHTS AND OBLIGATIONS

5.1.  Membership is confirmed by Hopfrög sending an email to the Member after the completion of the registration process on the Site, where the membership form is filled out with the requested information, and a valid email address and password are chosen by the Member. The applicant must be at least 18 (eighteen) years old to acquire Member status. The Member acknowledges, declares, and undertakes that the identity, address, and contact information provided during the membership process are complete and accurate, and that they will be solely responsible for any legal disputes and damages that may arise due to providing incomplete, outdated, or incorrect information. The Member is liable for all damages incurred by Hopfrög and third parties due to the behaviors listed in this clause.

5.2. The Member has the right to terminate their membership status at any time by clicking on the "Membership Cancellation" button accessible from the My Account Page.

5.3.   Membership status cannot be obtained without completing the membership procedures. Membership rights and obligations are rights and obligations belonging to the applicant and cannot be partially or completely transferred to any third party.

5.4.   Individual users who use the Site can only open one membership account. Therefore, users agree not to open multiple Membership accounts using different usernames, email addresses, or phone numbers. Membership status is individual, and the Member is personally responsible for the use and management of the account they have created. The Member cannot allow third parties to use their account under any circumstances. If the Member opens multiple accounts under the same name or different names, all or part of the Member's accounts may be deleted by Hopfrög along with their entire content. If it is determined by Hopfrög that these rules are violated, all or part of the Member's membership accounts may be suspended or terminated.

5.5.   All transactions made with the Member's account, username, and password are deemed to have been made by the Member personally, and the Member shall be solely responsible for any damages incurred by the Member or third parties due to the use, loss, or transfer of this information. Hopfrög has no responsibility in this regard.

5.6.  The Member agrees and declares that they will use a password that is not easily guessable when using the Site, will not share their login information for the membership account with others, and acknowledges that they are personally responsible for the security of this information.

5.7. The Member agrees and undertakes to act in accordance with this Agreement, its annexes, the law, morality, and principles of honesty in all transactions they conduct on the Site. The Member agrees not to engage in any actions that may obstruct the operation of the Site, infringe or pose a threat to the rights of third parties, engage in acts of defamation, threats, slander, harassment, etc., engage in political or ideological propaganda, engage in behavior that may disturb other members, refrain from any behavior that tarnishes individuals or institutions, and avoid any actions that may cause interruptions or cessation of services provided on the Site. In case of any contrary actions, the Member acknowledges and agrees to be personally responsible for any resulting damages.

5.8. The Member agrees and undertakes that the information and content contained in their account or uploaded to the Site by themselves will not infringe upon the intellectual and industrial property rights of third parties, including their personal rights, and will respect the copyright of third parties. The Member agrees not to engage in unfair competition and to respect the trade secrets and privacy of third parties. The Member acknowledges and agrees that any content shared on the Site by the Member that violates the terms and conditions of this Agreement and other conditions stated on the Site may be removed from the Site, and the Member's access to the Site may be partially or completely suspended due to such content.

5.9.  The Member agrees that Hopfrög may temporarily block access to the Site in order to implement improvements and changes on the Site.

5.10. If a Member provides feedback, recommendations, or suggestions, whether through survey responses or unsolicited communication channels with customers, regarding Hopfrög's design, operation, etc., based on user experience, such feedback or suggestions, which may be considered as recommendations, information, or communication, shall be the exclusive property of Hopfrög. The Member acknowledges, accepts, and undertakes that they will not make any material or moral claims or demands for compensation from Hopfrög regarding the implementation or non-implementation of such feedback by Hopfrög, either partially or entirely.

  1. PRIVACY PROVISIONS
    • The Member acknowledges, declares, and undertakes that the username, password, and other personal information that enable access to the Site are for personal use only and agrees to keep this information confidential.
    • The Member acknowledges that their information, including personal data, may be shared with subcontractors or service providers of Hopfrög if necessary for the provision of the service, and only under the condition that it is used within this scope. The information collected on the Site will be stored by Hopfrög for a sufficient period to fulfill the purposes and activities specified in this Agreement and its annexes, and authorized individuals will be able to access this information.
    • The Member acknowledges that any breach of the obligation to maintain confidentiality will be considered a reason for termination of the contract by Hopfrög, and in the event of a violation of this obligation, the Member accepts, declares, and undertakes to pay the other party's resulting damages without recourse. Hopfrög, upon learning of any breach of this Agreement, either spontaneously or upon notification by the other party, reserves the right to resort to all legal remedies and demand compensation for any direct or indirect damages suffered.
  2. INTELLECTUAL PROPERTY RIGHTS
    • The presentation of the Site and all its content is protected by the Industrial Property Law No. 6769 and related legislation. All trademarks, logos, service marks, published information and data, as well as the database, interface, design, text, images, HTML code, and other codes, along with all elements of the Site, belong to Hopfrög and/or licensors. The Member may not distribute, transmit, modify, copy, reproduce, publish, process, or otherwise use or allow others to access or use the services of the Site in any way.
    • Hopfrög reserves all rights to the services provided on the Site, Site information, copyrighted works subject to the Site, trademarks, commercial appearance of the Site, or any and all material and intellectual property rights related to the Site, including tangible and intangible rights, commercial information, and know-how. All rights to the Site design, all content, graphics, visuals, and all designs contained on the Site are reserved, and unauthorized use of them is prohibited.
    • The unauthorized use (processing, reproduction, distribution, representation, and public disclosure), including but not limited to, of all rights related to the design, software, and content of the Site constitutes a violation of intellectual and industrial property rights. The Member undertakes to comply with the provisions of the Turkish Code of Obligations, Turkish Penal Code, Industrial Property Law, Law on Intellectual and Artistic Works, Turkish Commercial Code, Decree-Law on Trademarks, and all current and future legislation in force regarding the use of the Site.
    • The Member acknowledges and declares that the rules regarding the matters secured and committed by this clause shall continue indefinitely during the term of the contract and after the termination of the relationship.
  3. FORCE MAJEURE
    • In the event that either party is unable to fulfill its obligations arising from the Agreement due to force majeure such as earthquake, illness, fire, flood, etc., neither party shall be held liable. Upon the termination of the effect of such force majeure or extraordinary circumstances affecting the Agreement, upon notification by one of the parties, all obligations within the scope of the Specification will re-bind the parties. However, if the force majeure and/or its effects exceed 15 (fifteen) days, the parties shall have the right to unilaterally terminate the contract without paying any penalty upon providing written notice.
  4. EFFECTIVENESS, TERMINATION, AND CANCELLATION OF THE AGREEMENT
    • This Agreement shall enter into force upon Hopfrög's confirmation notification to the Member in accordance with Article 5.1. Either party may terminate this Agreement at any time without giving any reason.
    • Hopfrög reserves the right to cancel, suspend, or unilaterally terminate the membership and/or related transactions of the Member if the Member: provides incorrect, incomplete, misleading information; records expressions on the Site that do not comply with general moral standards and current laws; attempts to use software and applications that threaten the general security of the Site or take actions in this direction; performs reverse engineering operations; violates all rights arising from Intellectual and Industrial Property Law belonging to Hopfrög, and causes damage to Hopfrög or poses a risk of damage. Hopfrög reserves all rights arising from the law, notwithstanding the cancellation of membership and/or transactions by the Member in violation of the provisions of the Agreement and its annexes.
    • In the event that a new membership account is opened by a user whose membership has been processed in accordance with Article 12.2, and this new membership is detected by Hopfrög; without the need for any warning, Hopfrög has the right to cancel all Membership Accounts of this user and unilaterally terminate this Agreement without any obligation of refund, compensation, or penalty.
    • In case of termination under Article 12.2., the Member cannot claim any rights or demands other than those acquired from Hopfrög, and the Member is liable to compensate Hopfrög for any damages incurred due to the breaches causing termination. Similarly, the Member may unilaterally and immediately terminate the contract due to Hopfrög's actions contrary to the provisions of the Agreement. In this case, the Member reserves the right of recourse against Hopfrög for any damages incurred.
  5. PERSONAL DATA PROTECTION
    • The personal and sensitive personal data entered by the Member on the Site within the scope of performing this contract are processed, used, stored, shared, anonymized, and destroyed by Hopfrög for the purpose of enabling the functions of the Site, providing services and content, and fulfilling the obligations specified in the contract, in accordance with the Information Text on the Site. With this contract, along with the Information Text presented to the approval of the Member, all members are informed about the processes and policies regarding personal data and explicit consent of the members is obtained where legally required.
    • In accordance with Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications, and relevant legislation, in the event that authorities detect any actions by the User that may constitute a crime, Hopfrög reserves the right to report this to the relevant authorities in accordance with the legislation and to share information.
  6. GENERAL PROVISIONS
    • Except for the essential provisions of the Agreement, if any provision of this Agreement becomes invalid or unenforceable for any reason, such provision shall be deemed invalid, but the other provisions of the Agreement shall remain in force.
    • The Member acknowledges, declares, and undertakes that the residence and email address specified during the membership procedures are the legal notification addresses, and that notifications made to these addresses will have all legal consequences of valid notification unless the address is updated on the Site or notified in writing to Hopfrög's address specified in this agreement.
    • Any changes or additions to any provision of this Agreement will not be binding on the parties unless they are made in writing.
    • This agreement is a whole with its annexes. In case of any discrepancy between the contract text and its annexes, the contract provisions shall prevail.
    • The failure of any party to exercise any right under this Agreement shall not be deemed a waiver of any right of such party, nor shall it be interpreted as such.
  7. APPLICABLE LAW, JURISDICTION, AND EVIDENCE AGREEMENT
    • Turkish Law shall apply in the resolution of problems arising from the implementation of this Agreement, and Istanbul Bakırköy Courts and Enforcement Offices shall have jurisdiction.
    • The Member acknowledges, declares, and undertakes that in the event of any disputes arising from the implementation of this Agreement, the electronic and system records, commercial records, ledger records, and all kinds of records held in Hopfrög's database and servers, as well as computerized records, shall constitute valid, binding, conclusive, and exclusive evidence, and the Member waives any objections to the admissibility of electronic evidence. The Member also acknowledges that this provision constitutes a contractual agreement on evidence within the meaning of Article 193 of the Turkish Civil Procedure Code (HMK).


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