THE MELIORA COLLECTIVE

USER AGREEMENT

  1. Parties
    • The products and services subject to this User and Membership Agreement (“Agreement”) are provided on www.themelioracollective.com (“Website”) by İntervo Dış Ticaret ve Müm. Ltd. Şti. (“Company”), located at Nispetiye Cad. Akmerkez İş Merkezi, B3 Blok, K:1, Etiler/Beşiktaş/İstanbul.
    • Within this Agreement, the Company and the user shall be referred to separately as a “Party” and together as the “Parties.”
  2. Subject of the Agreement
    • The purpose of this Agreement is to set out the terms and conditions governing users’ access to and use of the products and services offered on the Website and, accordingly, to regulate the user’s rights and obligations.
    • The user acknowledges that once a membership is created, this Agreement becomes effective and the user is obliged to comply with its provisions.
    • If the Website is visited without creating a membership, the provisions stipulated for users shall apply to visitors to the extent applicable, and the relevant provisions shall be effective upon use of the Website.
    • The user accepts that the services, products, and content offered through the Website do not constitute health claims, medical diagnoses, interventions and/or treatment advice/commitments. Under no circumstances do the contents of the Website mean that a diagnosis has been made or that treatment advice/commitments are being provided. All preventive, diagnostic, therapeutic and rehabilitative health services may only be provided in healthcare institutions licensed by the Ministry of Health and by legally authorized healthcare professionals who have graduated from medical faculties; no healthcare professional other than physicians and dentists may directly diagnose diseases and plan treatment. No medical procedure should be undertaken outside the supervision and guidance of your physician or healthcare professional.
  3. Rights and Obligations of the Parties
    • The user shall comply with this Agreement, any terms periodically published on the Website, the law, morality and public order, and the principles of good faith in all actions on the Website; shall not engage in conduct that may disrupt the operation of the Website, or infringe (or risk infringing) the rights of third parties.
    • When creating a membership, the user shall provide complete, accurate, and up-to-date information requested by the Company.
    • Payments made through the Website shall be processed via the Company’s contracted payment service provider/partners. The Company cannot access and does not store any user payment data.
    • To benefit from the services, the user must have a suitable device and internet connection.
    • The user represents that they have and will maintain throughout the term of this Agreement the legal capacity and authority to be a party hereto, and accepts responsibility for all actions taken.
    • If any information provided during membership creation or at any other time changes, the user shall update it immediately. The Company is not responsible if the Website cannot be used properly due to incomplete, false, or outdated information.
    • A user who becomes a member is personally responsible for the use and management of all account information that enables use of the Website, including username and password. Any transaction carried out with the user’s account/username/password shall be deemed to have been performed by the user. The user is solely responsible for any damages arising from use by another person, loss, or transfer of these details. The user shall immediately notify the Company of any unauthorized use or security breach. Accounts, usernames/passwords, and membership profiles may not be transferred to others or permitted for third-party use.
    • Copying and/or using beyond Website use of any information and/or software used in the Website’s design, content, or database; copying, distributing, processing, or otherwise using any images, texts, files, etc. contained on the Website is strictly prohibited. It is also prohibited to: (i) take any action that may threaten Website security or prevent operation/use; (ii) place disproportionate load, access/copy/delete/alter data without authorization; (iii) take actions that threaten overall security or may harm the Website, the Company, or other users; (iv) use software that prevents operation, attempt to use such software, disrupt hardware/servers, perform reverse engineering, attack, overload, or otherwise interfere, or attempt to access Company servers.
    • The user accepts that access to the Website may be temporarily restricted to implement improvements or other changes.
    • The Company reserves the right, without cause or notice, to unilaterally amend, supplement, or renew this Agreement and other terms published on the Website; to reorganize the Website; to change its subject, scope, and content; and to suspend publication or use. Changes take effect on the date of publication on the Website; continued use constitutes acceptance of the updated terms. The user is solely responsible for regularly reviewing these documents.
    • All legal, administrative, and criminal liability arising from use of the Website and actions taken by the user lies solely with the user. The Company shall in no way be liable, directly or indirectly, for damages incurred or that may be incurred by third parties resulting from the user’s activities and/or acts contrary to this Agreement or the law. Any and all claims from third parties and the Company’s direct and indirect losses due to the user’s failure to fulfill obligations under this Agreement or applicable legislation shall be recoursed to the user for payment upon first demand together with accessories.
    • If free-entry areas are provided (e.g., comment fields, messaging with other users, or sections to send questions/complaints to the Company), the user undertakes not to include expressions containing special categories of personal data as defined under Law No. 6698 on the Protection of Personal Data, and not to share content that is criminal, contrary to public morality and/or legislation, or infringes third-party rights.
    • If, due to repeated complaints or other reasons, the Company suspects/determines abuse of the Website by a user and/or non-compliance with this Agreement or the law, the Company may, at its sole discretion, suspend or block that user’s access. No claims may be made against the Company on this basis.
    • The Company may, at any time, suspend the Website and/or this Agreement for a definite or indefinite period or terminate the services offered.
    • Notices regarding this Agreement may be given via the Website or to the contact address recorded by the user on the Website at the time of notice. The Company is not responsible for damages arising from the contact address being incorrect, invalid, outdated, or belonging to someone else.
    • The visual and written content offered on the Website is for limited use as foreseen in this Agreement. All rights to the texts, graphics, photos, videos, animations, and sounds are reserved; unless otherwise stated, they may not be used for commercial or personal purposes without permission. In publicly viewable areas (comments/Q&A/complaints), it is prohibited to engage in unlawful activities, including explicit or implicit advertising. Without the Company’s consent, it is forbidden to publish any element of the Website on other media/sites/apps or to provide links.
  4. Limitation of Liability
    • All rights to the software, visuals, designs, texts, logos, and graphics on the Website belong to the Company or are used under license/permission. The Company provides the Website “AS IS” and makes no representation or warranty that it is error-free, flawless, uninterrupted, perfect, or that it will fully meet the user’s specific needs. To the extent permitted by law, the Company shall not be liable for: (i) any direct or indirect damages— including loss of profit, data, business or reputation, expected savings, business interruption—or third-party claims arising from the user’s use/non-use/misuse of the Website or failure to fulfill obligations hereunder; (ii) issues related to hardware, system/software, network functions and resulting malfunctions; (iii) communication/network/internet connection errors; (iv) any changes, updates, or similar work carried out on the Website; (v) voltage fluctuations, battery/power outages, viruses, or similar environmental factors.
    • To the extent permitted by law, the Company accepts no liability for breach of the Agreement, tort, negligence, or otherwise in relation to errors, omissions, deletion or loss of data, delays in processing/communication, computer viruses, communication failures, unauthorized access to accounts, or alteration/use of accounts. By accessing the Website or linked sites, or accessing users’ other social media or platforms via links provided through the Website, the user agrees that the Company is held unaccountable from all kinds of liabilities (including court and other costs) arising from visiting and using the Website.
    • The user acknowledges that the Company has no responsibility regarding payment services during purchases and that any dispute with the payment service provider is between the provider and the user; no claims may be directed to the Company.
    • The user is solely responsible for all information, links, and content shared on the Website; any claims or damages arising therefrom shall be directed or recoursed to the user.
    • The Company acts as a “hosting provider” within the meaning of Law No. 5651. The user accepts that the Company has no responsibility for content. The user acknowledges that the Company is not obliged to verify the authenticity, originality, safety, reliability, or accuracy of any information shared via the Website by users, nor to determine whether their sharing is lawful, and that the Company bears no liability for damages arising therefrom.
    • The user accepts that links may be provided on the Website to other websites/platforms/files/contents not controlled by the Company, and that third-party services may be offered; such links do not constitute endorsement or any representation/warranty regarding those sites or their information. The Company bears no responsibility for the platforms, sites, files, contents, or services accessed via such links.
    • The user acknowledges that access to the Website and the quality of content largely depend on the internet service provided by the relevant ISP and that the Company has no responsibility for issues stemming from service quality; that the Website is not free from defects and may at times experience technical issues or access interruptions.
    • Credit/debit card details used for payments via the Website are not stored by the Company.
  5. Termination
    • This Agreement remains in effect until the user’s membership is canceled by the user or the Company. In case the user breaches any provision of this Agreement, the Company may terminate the Agreement unilaterally by canceling the membership without any compensation.
    • The Parties may terminate this Agreement at any time, without cause and without notice.
  6. Miscellaneous
    • If any provision of this Agreement is wholly or partially invalid, unlawful, or unenforceable, the remaining provisions shall continue in full force and effect.
    • In disputes arising from this Agreement, the user accepts that the Company’s official books and commercial records, e-archive records, electronic data, and computer records kept in the Company’s databases/servers shall constitute binding, conclusive, and exclusive evidence, and that this clause constitutes an agreement on evidence within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
    • Turkish law shall govern the application, interpretation, and legal relationships arising hereunder, and the Istanbul Central Courts shall have jurisdiction.
    • Events beyond the Parties’ control that prevent and/or delay performance— including but not limited to natural disasters, riots, war, strikes, lockouts, failures arising from telecommunications infrastructure, power outages, and severe weather—shall be deemed Force Majeure; the Parties’ obligations shall be suspended during the Force Majeure. If Force Majeure prevents or delays the Company’s performance, the Company shall not be liable, and such situation shall not be deemed a breach. In the case of the user, monetary obligations are not affected by Force Majeure and must in any case be performed.