Membership Agreement
MEMBERSHIP AGREEMENT
1. PARTIES, SUBJECT, AND MEMBERSHIP TERMS
1.1. Parties: This Membership Agreement ("Agreement") has been executed and entered into force between Örs Mimari Proje Ve Yapı San.Tic. A.Ş. ("Company" or "Woodsman"), headquartered at [Company's Full Physical Address], and the internet user ("Member") who registers on the website https://woodsman.com.tr ("Site") and grants approval electronically by completing the membership form. The Company and the Member shall be referred to individually as "Party" and collectively as the "Parties" in this Agreement.
1.2. Subject of the Agreement: The subject of this Agreement is to determine the terms of the Member’s utilization of the e-commerce services, campaigns, and platform features offered on the Site, the mutual rights and obligations of the parties, and the general usage rules of the Site.
1.3. Membership Terms and Commitment to Accuracy: To become a member of the Site, it is a legal requirement to be of legal age (18 years or older) and to possess the capacity to act under the laws of the Republic of Turkey. The Company is under no obligation to investigate the age of the person wishing to become a member or the accuracy of the information provided.
The Member undertakes that all information requested during registration on the Site (name, surname, e-mail address, mobile phone, etc.) is complete, accurate, current, and belongs to them personally. The Company cannot be held liable in any way for cargo delivery problems, invoice errors, unlawful notifications to third parties, or regulatory violations that may arise due to this information being untrue, incomplete, or outdated (e.g., failure to notify of an address or phone number change). The Member accepts and declares that they shall immediately and in cash compensate the Company for all direct and indirect damages suffered by the Company due to their false statements upon the Company's first written request.
2. ACCOUNT SECURITY AND PERSONAL USE
2.1. Password and E-mail Security: The Member is solely responsible for the security, storage, and confidentiality of the password they set when registering on the Site. All transactions performed by the Member by logging into the system with their e-mail address and password are deemed to have been performed by the Member personally. The Member is responsible for any material/moral damages that may arise as a result of the hijacking or hacking of the password or e-mail account, or their disclosure to third parties due to the Member's fault; in such cases, no fault can be attributed to Woodsman (ÖRS A.Ş.), and no compensation can be claimed from the Company.
2.2. Personal Nature and Non-transferability of Membership: The membership account created on the Site is strictly personal. Under no circumstances may the Member lease, sell, transfer, or allow the shared use of their account, username, or password to another person. If the Company detects that an account is being used by persons other than the actual owner (e.g., through unusual activity in IP and location logs), it reserves the right to immediately suspend or unilaterally terminate the membership without prior notice.
2.3. Warning of Legal and Criminal Liability: All legal and factual transactions performed through the Member's account (orders placed, credit cards used, product reviews posted, etc.) directly bind the account owner. In the event of transactions made from the Member's account using a stolen/copied credit card belonging to the Member or a third party, sharing unlawful content, or engaging in cyber activities that damage the Company's systems, all resulting legal, administrative, and criminal liability belongs to the Member who failed to secure their account. Any fines, deductions (including chargebacks), and compensation that the Company may be forced to pay to third parties, banks, or public institutions due to such illegal transactions will be fully recourse to the Member.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
3.1. Ownership of Property: All wooden product designs (cat towers, play and climbing modules, etc.), product photos, videos, brand logos, trade names, slogans, graphics, texts, user interface, software codes, algorithms, database, and the general architecture of the site (collectively "Intellectual Property") displayed and present on the www.woodsman.com.tr website exclusively belong to ÖRS EVCİL HAYVAN ÜRÜNLERİ DANIŞMANLIK İNŞAAT TURİZM SANAYİ VE TİCARET A.Ş. These works and designs are under absolute protection under all national and international intellectual property legislation, including the Industrial Property Law No. 6769 and the Law on Intellectual and Artistic Works (FSEK) No. 5846.
3.2. Prohibition of Unauthorized Use and Data Scraping: The Member may not copy, reproduce, modify, reverse engineer, publish without authorization on competing e-commerce sites or marketplaces, or use any design, image, text, or software on the Site (in whole or in part) in a way that damages the Company's reputation or for commercial gain. It is strictly prohibited to use any automation software, bots, spiders, or "data scraping" tools to index the site's code structure or database, or to collect/copy product images and prices in bulk.
3.3. Warning of Legal and Criminal Sanctions: If the Company determines that its intellectual property rights, wooden designs, or product images are being copied, shared with third parties, or used on other platforms in a way that creates unfair competition in violation of this Agreement and the legislation, the violating Member's account will be terminated immediately without the need for any warning and without compensation. The Company reserves the right to initiate all legal proceedings before Civil and Criminal Courts in accordance with the provisions of FSEK and the Industrial Property Law for the compensation of all direct and indirect material and moral damages (including lost profits) suffered due to this violation.
4. PROTECTION OF PERSONAL DATA (KVKK) AND COMMUNICATION
4.1. Processing of Personal Data and Privacy (Reference to KVKK): The Member acknowledges that the personal data (name, surname, contact information, address, transaction security data, etc.) they share with Woodsman (ÖRS A.Ş.) when registering, updating their profile, and performing transactions on the Site is processed by the Company in the capacity of data controller within the scope of the Personal Data Protection Law No. 6698 ("KVKK"). The Member declares that they have been fully informed through the "KVKK Clarification Text" and "Cookie Policy" published on the Site and presented on the registration screen regarding the purposes of processing their personal data, the third parties to whom it is transferred, collection methods, legal grounds, and their legal rights under Article 11 of the KVKK.
4.2. Communication and Commercial Electronic Messages: The Company will communicate with the Member via the e-mail address or mobile phone registered in the system in mandatory situations directly related to the "performance of the contract," such as order processes, cargo delivery, membership status, password reset procedures, and collection/refunds.
However, "Commercial Electronic Messages" (SMS, E-mail, etc.) to be sent for the promotion of new wooden designs, cat products, discounts, campaigns, and personalized marketing activities will be sent only on the condition that the Member provides separate and explicit "Commercial Communication Consent" during or after registration. The Member has the right to withdraw this consent at any time, free of charge and unconditionally, via the Message Management System (İYS) or by following the "OPT-OUT" (e.g., Unsubscribe) instructions in the messages sent to them.
5. LIMITATION OF LIABILITY AND FORCE MAJEURE
5.1. Absence of Uninterrupted Service Guarantee ("As Is" Rule): The Company does not guarantee or undertake that the www.woodsman.com.tr website, its software, and the features it contains will operate 24/7 without interruption, completely error-free, or be 100% secure against cyberattacks. The Site and all e-commerce services provided are offered on an "as is" basis legally. In the event that access to the Site is temporarily or permanently stopped, slowed down, or member transactions (orders, payments, etc.) are disrupted due to systemic maintenance work, infrastructure updates, hardware malfunctions, telecommunication problems, or cyberattacks (hacks, viruses, DDoS, etc.), the Company (except for its gross negligence) has no liability to the Member for any material, moral, or lost profit compensation.
5.2. Force Majeure: In all cases legally considered "force majeure" (including but not limited to natural disasters, fire, flood, earthquake, epidemics, war, acts of terrorism, cyberattacks, global/national internet infrastructure collapses, power outages, strikes, lockouts, or administrative/legal restrictions such as changes in legislation), the Company cannot be held responsible for the late or incomplete performance or non-performance of any of its obligations set forth in this Agreement. Force majeure events shall not be considered as default (delay) for the Company, and no compensation claims can be made by the Member during this period.
5.3. Unilateral Modification of Agreement Terms: The Company may, at its sole discretion, unilaterally change this Membership Agreement (and all other policies/terms on the Site) at any time without further notice to the Member to comply with developing technological conditions, new legal regulations, or to update its commercial operations. Updated agreement terms will enter into force immediately upon being published on the Site. The Member's continued use of the Site or logging into their account after the changes constitutes irrevocable acceptance of the updated agreement terms in advance.
6. MISUSE, TERMINATION OF AGREEMENT, AND MEMBERSHIP CANCELLATION
6.1. Company's Right to Unilateral Termination and Suspension: In cases where the Member violates the provisions of this Agreement, the legislation, or the rules of good faith; engages in manipulations that threaten the functioning or security of the Site (use of bots/automation, etc.), creates unfounded orders with false information or information belonging to others, commits unfair gain or campaign abuse, or violates the Company's intellectual and industrial property rights (brand, design, image), the Company may immediately suspend the Member's account or unilaterally terminate this Agreement for just cause without the need for any prior warning and without incurring any liability for compensation. In the event of termination, the Company reserves the right to pursue legal and criminal remedies and to claim compensation for all direct and indirect damages suffered.
6.2. Member's Voluntary Cancellation Procedure: The Member may cancel their membership unilaterally and free of charge at any time by following the relevant steps under the "My Account / My Membership Information" panel on the Site or by making a written request to info@woodsman.com.tr via the e-mail address registered in the system.
For a membership cancellation request to be processed, the Member must not have any active, undelivered orders or pending refund/complaint processes at that moment. Termination of membership does not eliminate the Member's financial and legal responsibilities regarding their past orders. (The fate of personal data after membership cancellation will be carried out within the framework of the KVKK Clarification Text published on the Site and legal retention periods - e.g., provisions of the Turkish Commercial Code for invoice and accounting records).
7. DISPUTE RESOLUTION AND ENTRY INTO FORCE
7.1. Entry into Force and Electronic Approval: This Membership Agreement, consisting of 7 (seven) main headings, has been mutually accepted and entered into force the moment the Member fills out the membership form on the Site and clicks the button meaning "Sign Up," "Register," or similar, granting electronic approval. With this approval, the Member declares that they have read and understood all articles of the agreement and accepted the legal obligations contained therein in advance.
7.2. Evidentiary Agreement: In all disputes that may arise between the parties from this Agreement or the use of the Site, Woodsman's (ÖRS A.Ş.) official books and accounting records, as well as electronic logs, system records, user activities, and e-mail correspondence kept in the Site's database and servers, shall constitute definitive and exclusive evidence in accordance with Article 193 of the Code of Civil Procedure (HMK) No. 6100. The Member accepts and undertakes in advance that they will not object to these records.
7.3. Governing Law and Competent Court: The laws of the Republic of Turkey shall apply to the implementation and interpretation of this Agreement and the resolution of any legal disputes arising hereunder. For the resolution of any and all disputes arising from or in connection with this Agreement; the Consumer Arbitration Committees in the place of residence of the Member or the Company shall have exclusive jurisdiction within the monetary limits announced annually by the Ministry of Trade, and the Ankara Courts and Enforcement Offices shall have exclusive jurisdiction in cases exceeding these limits and in all commercial disputes.