1. Parties

This agreement, along with the documents, annexes, and explanations (including all explanations regarding the use of services within the Portal) referred to and considered an integral part of it, constitutes the Mochayarn.com Portal Membership Agreement (hereinafter referred to as the "Agreement").

The Agreement is entered into between Bienteks Tekstil San. ve Tic. Ltd. Şti., headquartered at Adnan Kahveci Mah. Yavuz Sultan Selim Bulvarı Perlavista Residence Kat:10 D:96, 34520 Beylikdüzü / İSTANBUL (hereinafter referred to as “Mochayarn”), and the "Member," who electronically approves this agreement while signing up for the www.Mochayarn.com portal, thereby mutually accepting and putting it into effect.

2. Definitions

“Buyer”: The real or legal person who purchases the goods and services offered for sale by the “Seller” using the “Secure Electronic Commerce System” service defined in this agreement.

“Secure Electronic Commerce System”: The service provided by “Mochayarn” for the execution of the "payment" part of the sales contract concluded between the “Buyer” and “Seller,” under the conditions specified in this agreement.

“Secure Account”: The pool account managed by “Mochayarn” at a bank for the fulfillment of the payment obligation within the “Secure Electronic Commerce System.”

“Member”: Real and/or legal persons who are members of the www.Mochayarn.com portal and benefit from the services offered within the “Portal” under the conditions specified in this agreement.

“User”: Any real or legal person who accesses the “SITE” online.

“Seller”: The real and/or legal person “Member” who offers goods and/or services for sale to “Members” using the “Secure Electronic Commerce” service as defined in this agreement, and has the right to freely make all kinds of dispositions over the goods and/or services without legal dispute.

“Portal”: The website composed of the domain name www.Mochayarn.com and subdomains associated with this domain.

“Mochayarn Membership Account”: The exclusive web page accessed by the “Member” through the “SITE” with the “username” and “password” that they determine and commit to using exclusively. The page is where the “Member” carries out necessary transactions to benefit from the services offered within the “Portal,” makes requests related to “Membership,” updates “Membership” information, and views reports related to the services provided.

3. Subject and Scope of the Agreement

The subject of this agreement is the determination of the services provided within the “Portal,” the conditions for benefiting from these services, and the rights and obligations of the parties. The scope of this agreement includes this agreement, its annexes, and all warnings, writings, and statements related to usage, membership, and services within the “Portal” by “Mochayarn.” By accepting the provisions of this agreement, the “User” also agrees to abide by all statements made by “Mochayarn” regarding usage, membership, and services within the “Portal.”

4. Membership and Conditions for Using the “Service”

4.1. Membership is completed when the “User” who wishes to become a “Member” fills out the membership form on the relevant section of the “Portal,” provides identity information, confirms the accuracy of the information, and completes the registration process by paying the fee if the service they wish to benefit from is a paid service, and when “Mochayarn” approves the registration process.

4.2. To become a member of the “Portal,” one must be of legal age, authorized to represent and bind the legal entity for corporate members, and must not have been temporarily suspended or permanently banned from membership by “Mochayarn” under this agreement. Applications made through unauthorized persons or those who have been temporarily suspended or permanently banned by “Mochayarn” will not confer membership rights even if the registration process is completed.

4.3. “Mochayarn” may terminate this agreement unilaterally, immediately, without reason, without notice, and without compensation, thereby ending the “Member's” membership or suspending the “Member's” membership without terminating the agreement. Decisions regarding termination, ending membership, or suspending membership specified in this article will be made at “Mochayarn's” discretion due to violations of this agreement, breaches of rules within the “Portal,” or if “Mochayarn's” information security system detects that the “Member's” transactions or situations pose a risk or if commercial decisions or legal risks arise.

5. Rights and Obligations

5.1. Member Rights and Obligations

5.1.1. The “Member” agrees to comply with all conditions stated in this agreement, the rules/announcements related to the service they benefit from within the “Portal,” and all applicable laws while performing membership procedures, benefiting from the services, and carrying out any transaction related to the services on the “Portal.”

5.1.2. The “Member” acknowledges that if “Mochayarn” is legally obliged to disclose information to official authorities under applicable mandatory legislation, it will have the authority to disclose confidential/private/commercial information about the users to official authorities without any liability or compensation claim from the “Member.”

5.1.3. “Members” are responsible for ensuring the security of the “username” and “password” they use to access the “Mochayarn Membership Account,” ensuring it is used exclusively by themselves, and keeping it safe from third parties. They will be responsible for any damage suffered by other “Members,” “Mochayarn,” or third parties due to neglect and mistakes regarding security, storage, confidentiality, and exclusive use of the “username” and “password.”

6. Mochayarn Services and Conditions for Use

“Mochayarn” will provide the “services” defined in this agreement to “Members” under the conditions specified in this agreement. The main objectives of the services provided by “Mochayarn” include:

• Enabling the promotion, advertising, and marketing of goods and services that “Members” legally have the right to dispose of by creating ads that display on the “SITE” through the “Mochayarn Membership Account.”
• Providing a communication platform for the sale of products displayed on the “SITE” using the “Secure Electronic Commerce System” as defined in this agreement.

6.1. Advertisement Services

6.1.1. The “Member” will create ads using the interfaces within the “Mochayarn Membership Account” according to the “Ad Programs” determined by “Mochayarn” and upload them to the Mochayarn Database.

6.2. Secure Electronic Commerce Services

The secure electronic commerce service involves providing infrastructure that allows “Members” who have the status of “Buyer” and “Seller” to conclude online agreements for buying and selling.

6.2.1. Rights and Obligations of Buyers and Sellers

• Buyers must comply with the purchase conditions stated by the Seller.
• Sellers must fulfill their obligations to deliver products or services to the Buyer upon receiving payment via the “Secure Account.”
• Payment transactions are handled by “Mochayarn” via the “Secure Account.”

11. Other Provisions

11.2. Intellectual Property Rights

All information accessed within this “Portal” and the components of the “Portal” (including the “Mochayarn Database,” “Mochayarn Interface,” designs, texts, images, HTML codes, and other codes) are works subject to copyright owned by “Mochayarn.”

11.4. Applicable Law and Jurisdiction

Turkish law shall apply to the interpretation and execution of this agreement, and the courts and enforcement offices of Istanbul shall have exclusive jurisdiction over any disputes arising from or related to this agreement.

This agreement, which is accepted and put into effect by the electronic approval of the “Member,” constitutes the entire agreement between the parties.