Membership Agreement

PARTIES This Membership Agreement (“Agreement”) is entered into between Euphorist (“Euphorist”), located at Suadiye kadıköy/İstanbul, and the individual or legal entity (“Customer”) who completes the Membership Form and becomes a member of the website with the domain name “euphorist.co”(“Website”), under the terms and conditions set forth below, and is electronically approved.

Hereinafter, Euphorist and the Customer shall be collectively referred to as the “Parties” and individually as the “Party”.

DEFINITIONS Services: Refers to the promotion of Products on the Website and their offer for sale to the Customer. Personal Data: Refers to any information relating to an identified or identifiable natural person as defined in the Law on the Protection of Personal Data No. 6698 (“KVKK”). Member Information: Refers to all personal data, information, photos, videos, opinions, expressions, comments, ratings, correspondence, and other content uploaded and provided by the Customer during the registration process or while using the Website. Membership Form: Refers to the form filled out by the Customer on the Website to become a member and a party to this Agreement.

SUBJECT OF THE AGREEMENT The subject of this Agreement is to define the rights and obligations of the Parties in the context of utilizing the services offered by Euphorist through the Website.

MEMBERSHIP ACCOUNT The Customer will create a membership using their email account on the Website. The Customer cannot create multiple memberships with the same email address. The Customer agrees, declares, and undertakes that all information provided during membership registration on the Website is accurate, complete, and not fraudulent; that they are responsible for any damages and losses arising from fraudulent or inaccurate information; and that they will indemnify Euphorist for any damages incurred in this regard. To ensure timely delivery of the Products sold on the Website, the Customer must provide accurate and complete membership information. Euphorist is not responsible for any delays or issues in services due to incorrect or inaccurate membership information. The Customer agrees and undertakes that Member Information will not violate the law, morals, intellectual and industrial property rights, privacy rights, or personal rights of third parties, and that it will comply with the KVKK and relevant legislation, and will not contain personal data of third parties.

COMMERCIAL ELECTRONIC MESSAGES During or after membership registration on the Website, the Customer agrees to receive commercial electronic messages for marketing and promotional purposes upon approval as per the Law on the Regulation of Electronic Commerce No. 6563 and the Regulation on Commercial Communication and Commercial Electronic Messages. The Customer has the right to opt out of receiving such messages at any time free of charge. Euphorist has the right to retain all consents and records regarding the sending of marketing and promotional electronic messages for three (3) years from the date the consent expires and other records related to commercial electronic messages from the date of record.

RIGHTS AND OBLIGATIONS OF THE PARTIES By filling out the Membership Form and becoming a member of the Website, the Customer declares that they have read, understood, and accepted the provisions of this Agreement. Euphorist may continue to provide services to Customers under a different domain name without compromising the quality of the services offered under the euphorist.co domain name. The Customer agrees and undertakes to keep confidential any information obtained while using the Services on the Website, in accordance with this Agreement and other agreements and policies on the Website, and not to share it with third parties. The Customer is responsible for taking necessary precautions to maintain the confidentiality of their membership account, Member Information, and password. The Customer is fully responsible for any legal liability arising from the membership password being acquired by third parties. All direct or indirect damages to third parties and/or Euphorist resulting from the membership password being acquired by third parties will be compensated by the Customer. In case Euphorist is required to pay any compensation or fined due to this, Euphorist has the right to recourse to the Customer for all damages incurred. All information, including the email address, name, surname, and other details provided by the Customer during membership registration and any other transactions conducted by the Customer on the Website, are considered personal information, and Euphorist fulfills its obligation to inform the Customer in accordance with the Law on the Protection of Personal Data No. 6698 and obtains explicit consent when necessary. The Customer must read the Personal Data Processing Information Text displayed during the completion of forms on the Website and during the first visit to the Website from a specific IP address. Euphorist may request explicit consent to process certain data of the Customer under the Personal Data Processing Information Text displayed on the Website. In such cases, the Customer is informed via the Personal Data Processing Information Text and decides freely whether to give explicit consent. The membership account is exclusive to the Customer who created it, and the Customer will not allow third parties to use the membership account and will not use other customers’ membership accounts. The Customer accepts, declares, and undertakes that any transactions conducted using their username and password will be considered as performed by them, that they are responsible for such transactions, and that they cannot claim or object that the transactions were not performed by them, nor can they avoid fulfilling their obligations on this basis, and that Euphorist has no liability in this regard. In payment transactions conducted through the Website, the Customer’s credit and debit card information is not viewable or stored by Euphorist under any circumstances. Services to be purchased through the Website may be limited by "stock" quantities and other criteria. Due to the possibility of receiving multiple orders simultaneously, the relevant Product may be out of stock before the Customer completes the purchase. Therefore, Euphorist does not guarantee that every Product offered for sale on the Website can be purchased by the Customer. Euphorist determines the sales conditions and the Customer's rights according to the Law on the Regulation of Electronic Commerce No. 6563, the Law on the Protection of Consumers, the Distance Sales Regulation, and other relevant legislation. The Customer's legal rights related to the purchase will also be provided on the payment screen during the shopping process. An information form about the selected product and its purchase will be sent to the Customer electronically. The Customer will take necessary measures to ensure the confidentiality of their membership on euphorist.co, membership information, and membership password. Euphorist is not responsible for any direct or indirect damages suffered by the Customer due to the membership password being acquired by third parties. In case Euphorist is required to pay any compensation due to the membership information or password being acquired by third parties, Euphorist has the right to recourse to the Customer for any damages incurred. Euphorist is a hosting provider within the meaning of the Law No. 5651 regarding ideas and opinions stated, written, and used by the Customer on the Website, and has no obligation to monitor the ideas and opinions stated, written, and used by the Customer. The Customer is responsible for any liability arising from the ideas and opinions stated, written, and used by them on the Website. Euphorist is not responsible for any damages incurred by third parties due to the Customer’s statements or any damages incurred by the Customer due to third parties' statements. The Customer, who violates any of the provisions listed in this Membership Agreement, is personally responsible for any legal and penal consequences arising from such violations and will hold Euphorist harmless from the legal and penal consequences of such violations. Additionally, in case the violation leads to a judicial or administrative investigation, prosecution, or trial, Euphorist reserves the right to claim compensation from the Customer for non-compliance with the Membership Agreement. Euphorist keeps log records of transactions performed by the Customer while becoming a member and purchasing products on the Website, as required by the Law No. 5651 and other relevant legislation. These records are not shared with any institution or organization except for legal reasons. The Customer agrees and undertakes to use the Website and its content, materials, and elements in accordance with this Agreement, relevant legislation, and moral rules, and that they are personally responsible for any legal and penal liability arising from improper use. Euphorist reserves the right to partially or completely restrict, block, suspend, or terminate the Customer’s membership in case of improper use, without prejudice to any claims, lawsuits, and follow-up rights. Examples of improper use include: Causing harm to Euphorist, the Website, and/or third parties in any way while performing transactions on the Website; Using the Website, in whole or in part, to damage, alter, and/or reverse-engineer; Conducting transactions with incorrect information or using someone else's information, creating fake membership accounts with incorrect or misleading personal data, and using these accounts in violation of this Agreement, applicable legislation, and/or moral rules; Using any harmful technology, malware, or virus on the Website, its database, or any content on the Website; Using the Website in a manner that negatively affects other Customers’ experience, attacking other Customers’ personal and property rights.

FORCE MAJEURE Events that are not present or foreseeable at the time of signing this Agreement, that are beyond the control of the Parties, and that make it partially or completely impossible for either Party to fulfill its obligations and responsibilities under the Agreement, or to fulfill them on time (such as natural disasters, pandemics, war, social unrest, legal regulations, or strikes), shall be considered force majeure. In such cases, the affected Party shall not be liable for any failure to perform or delay in performing its obligations under this Agreement.

For more information, please visit euphorist.co.