Membership Contract

1. Parties:

Biosmart Teknoloji A.Ş., located at Eti Mah. Ali Suavi Cad. 9A, 06570 Çankaya, Ankara, operating the website at www.mothersmart.com.tr (hereinafter “Mothersmart”)

 ("Member"):

2. Subject Matter of Agreement:

This Agreement sets forth the conditions under which members can use the website www.mothersmart.com.tr, owned by Mothersmart.

3. Parties’ Rights and Obligations:
3.1. The Member hereby agrees and warrants that the personal and other information the Member has provided when registering to the website www.mothersmart.com.tr are legally accurate, and the Member will fully and immediately indemnify Mothersmart for any losses incurred by it as a result of inaccuracy of the information provided.

3.2. The Member may not make available to any other persons or entities the password provided to the Member by Mothersmart, and the Member alone is entitled use the password. Mothersmart reserves the right to seeking indemnification or compensation resulting from such unauthorized use, against claims and damages brought against Mothersmart by third parties or the authorities, or against the responsibility arising therefrom.

3.3. The member agrees and warrants beforehand to comply will all legal requirements and avoid violating the same when using the website www.mothersmart.com.tr. Any legal or penal liability arising otherwise will be binding completely and solely on the Member.

3.4. The Member may not use the website www.mothersmart.com.tr in a manner that disturbs public order, violates common decency, offends or abuses others, or for unlawful purposes, or in a manner that infringes on intellectual property rights or copyrights of others, nor may the Member engage in any actions or activities that prevents and complicates use of services for others (e.g. spamming, viruses, backdoors, etc.).

3.5. Any opinions or remarks stated, written otherwise shared by members on the website www.mothersmart.com.tr are the personal opinion and remarks of the members, and binding on their respective owners. Mothersmart is not in any way associated with these opinions and remark. Mothersmart has no responsibility for any losses suffered by third parties as a result of the opinions and remarks shared by a member, or for any losses sustained by members as a result of any opinions or remarks shared by any third parties.

3.6. Mothersmart is not responsible for damages resulting from access to member data by unauthorized persons, or for damage to members’ software or data. The member hereby agrees in advance that they will not bring any claim against Mothersmart in connection with any losses resulting from the use of the website www.mothersmart.com.tr.

3.7. The member agrees not to access or use software or data of other internet users without authorization. Otherwise, any legal or penal responsibility so resulting will belong to the member alone.

3.8. Any member who violates one or more of the provisions set forth in this membership agreement will personally bear penal or civil liability for such violation, and hold Mothersmart harmless from any legal or penal consequences of such violations. Moreover, where the matter is taken to court as a result of such violation, Mothersmart reserves the right to claim damages from the member for failing to abide by the terms and conditions of this membership agreement.

3.9. Mothersmart is entitled to act unilaterally at any time to delete membership, or files, documents or information of members. The member agrees beforehand that Mothersmart has such discretion, and Mothersmart will have no responsibility in such a situation.

3.10. The www.mothersmart.com.tr website software and design are the property of Mothersmart, and the copyright and/or other intellectual property right therein is protected by the applicable laws, and may not be used, acquired or modified by the member without authorization.  The other companies and products mentioned in this website are the trademarks of their respective owners, and protected as an intellectual property right. 

3.11. Mothersmart may collect some information such as the name of the internet service provider and Internet Protocol (IP) address used for accessing the website, the date and time the website was accessed, the pages accessed while visiting the website, and the internet address of the referring website, with a view to improving and developing the website www.mothersmart.com.tr  and/or per regulatory requirements.

3.12. Mothersmart may use members’ personal information to provide users with a better experience, improve its products and services, and make it easier to use the website, in projects aimed at user preferences and areas of interest. Mothersmart reserves the right to log the actions of members while visiting the website www.mothersmart.com.tr.

3.13. By registering to the Mothersmart website,  you agree and grant permission to Mothersmart or its affiliates offering you product or service promotion, advertising, campaigns, benefits, surveys and other customer satisfaction applications, as part of the existing and/or future applications. The member agrees and represents that they have given permission to collection of its personal and shopping information and shopping and/or consumer behavior information that the member has provided and/or will have provided during registration to Mothersmart and/or by other means for the purposes described above, and to the sharing of such information with Mothersmart or any affiliates,  and to the using or archiving of such information by Mothersmart or any affiliates. Unless notified otherwise by the member, the member agrees and acknowledges that they permit Mothersmart or any affiliates to contact the member via the internet, telephone, SMS or other communication means. The member agrees and warrants that it will not bring any claim and will not hold Mothersmart or its affiliates responsible on the grounds of the member’s suffering damages, whether direct or indirect, material or immaterial, positive or negative, or otherwise, in connection with the collection, use, sharing, archiving of the aforesaid information or being contacted as described above. If the member wishes to change their data sharing preferences, they may do so by contacting Mothersmart customer service call center.

3.14. Mothersmart may disclose a member’s personal information upon request as a legal requirement, or (a) to comply with legal requirements or a written legal order to Mothersmart, or (b) when in Mothersmart’s bona fide judgment doing so is necessary to protect and defend the rights and proprietorship of Mothersmart and Mothersmart web site family.

3.15. Precautions within the available means have been taken to keep the Mothersmart website free from any viruses or similar malware. Nevertheless, the user must have in place their own adequate virus protection system in place to ultimately assure security. Accordingly, by accessing the Mothersmart website, the user is deemed to have agreed that the user alone is responsible for any errors and any direct or indirect consequences thereof, occurring in the user’s systems or software as a result of accessing the website.

3.16. Mothersmart reserves the right to modify the website content, modify or discontinue a service provided to users, or delete data and information of users registered to the Mothersmart website at any time.

3.17. Mothersmart may modify, update or withdraw the terms and conditions of the membership agreement at any time without any prior notice and/or warning whatsoever. Any term or condition so modified, updated or withdrawn will apply to all users from the date of publication.

3.18. The parties agree and represent that all computer records of Mothersmart constitute sole and true evidence, to be taken as basis according to Article 287 of the Code of Civil Procedure, and that such records constitute an evidence agreement.

3.19. While Mothersmart is authorized under this membership agreement to send information messages to members’ registered electronic mail addresses, or SMS messages to their mobile phones, the member will, by agreeing to this membership agreement, be deemed to have agreed to the sending of information messages to their registered electronic mail address or SMS messages to their mobile phone. If the member wishes to discontinue receiving e-mail and/or SMS messages, they may contact us at destek@biosmart.com.tr

4. Termination of Agreement:

This agreement remains effective until the member cancels their membership or their membership is terminated by Mothersmart. If the member violates any provision of this membership agreement, Mothersmart may unilaterally terminate this agreement and membership of the offending member.

5. Resolution of Disputes:

Courts and Enforcement Offices of Ankara have jurisdiction over any disputes arising in connection with this agreement.

6. Effectiveness:

A member completing the registration process means that the member has read and agreed to all terms and conditions of the membership agreement. This agreement was mutually executed and has become effective from the moment of registration.

Agreement sets forth the conditions under which members can use the website www.mothersmart.com.tr, owned by Mothersmart.