Membership Terms
Lunaflat Dijital Platform Pazarlama San. Ltd. Sti | Membership Terms
March 2023
1. General | scope
1. This contract is signed by Lunaflat Dijital Platform Pazarlama San. Ltd. Sti Membership Conditions ("Terms"), Lunaflat Dijital Platform Pazarlama San. Ltd. Ltd. Şti (Remzi Oğuz Arık Neighborhood Tunus Street 48/2 Çankaya Ankara) and Lunaflat Dijital Platform Pazarlama San. Ltd. Sti customers (" Members ") are valid for all contracts. Lunaflat Dijital Platform Pazarlama San. Ltd. Sti's Lunaflat Dijital Platform Pazarlama San. Ltd. Sti platform ( www.lunaflat.com and applications) is valid among people who have access.
2. Members can choose from various subscription offers through the platform. they can benefit. Subscriptions are usually made by Lunaflat Dijital Platform Pazarlama San. Ltd. Şti's cooperation partners or Lunaflat Dijital Platform Pazarlama San. Ltd. It is provided by companies affiliated to Şti;
3. These Terms are governed by Lunaflat Dijital Platform Pazarlama San. Ltd. A Subscription Agreement agreed between Sti and the member (each a "Membership") It applies to all application documents and application processes for These terms and conditions become part of every membership.
4. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti gives the member the opportunity to benefit from subscription offers through the platform. If the member takes advantage of a third party offer, the contractual agreements between the member and the relevant partner are exclusively valid. In this context, Lunaflat Dijital Platform Pazarlama San. Ltd. Şti is not the contracted partner of the member and therefore is not responsible for the content, scope and fulfillment of the third party offer by the partner.
5. Partners, Lunaflat Dijital Platform Pazarlama San. Ltd. Ltd. Şti. and Lunaflat Dijital Platform Pazarlama San. Ltd. Şti is not the representative or agent of the partners. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti is not obliged to accept questions and complaints from members about third-party offers, to direct messages from partners to third-party offers to the member, or to act as an intermediary between the member and the partners.
6. Depending on the agreement with the partners, the commission rate may vary between 6% and 50%. The commission rate agreed with the partner is valid for 1 year, and the commission rate may change at the end of 1 year. After deducting Lunaflat's commission rate, the service fees allocated from the members are paid by wire transfer to the bank account given by the partner from the month in which the service is received to the last business day of the next month in return for invoicing. Lunaflat issues an invoice to the partner in the amount of the commission paid. Lunaflat is not responsible for service invoice transactions other than commission invoice. Members entered into the system are considered Lunaflat members. If the partner leaves the system; Members affiliated with that partner can be directed to other partners. The partner who wishes to exit must inform Lunaflat at least 2 months in advance.
7. These conditions also apply to Lunaflat Dijital Platform Pazarlama San. Ltd. It is also valid for future agreements between the member and the member and Lunaflat Dijital Platform Pazarlama San. Ltd. Şti does not require a corresponding reference in individual cases. These conditions are deemed approved by the member at the latest when the member uses the platform.
8. These terms apply to the exclusion of all other terms. Different, contradictory or complementary general terms and conditions of the member are only valid for Lunaflat Dijital Platform Pazarlama San. Ltd. If the Company accepts them in writing, it becomes a part of the membership.
9. Individual agreements with the member in special circumstances take precedence over these conditions if agreed in writing.
10. All personal designations apply equally to all genders.
11. Member's Lunaflat Dijital Platform Pazarlama San. Ltd. All notices and statements submitted to Şti, especially notices of termination and deadlines, must be submitted in writing, unless otherwise. (a simple email is sufficient).
12. References in these Terms to the applicability of legal provisions are for illustrative purposes only. Consequently, legal provisions apply even if such disclosure is not made, unless legal provisions are added to or expressly excluded from these terms and conditions.
2. Using the Platform |
1. In accordance with the membership, Lunaflat Dijital Platform Pazarlama San. Ltd. Şti gives the member the right to use the platform in return for the membership fee, to the extent specified in the membership.
2. Lunaflat Dijital Platform Pazarlama San. Ltd. Ltd. will endeavor to offer as wide and varied subscriptions as possible. Members can purchase as many subscriptions as they wish in the service sector.
3. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti has the right to use subcontractors to fulfill its contractual obligations.
3. Member Account │Create Membership | Tariff change
1. In order to use the platform, the member creates a Member Account by accepting these conditions, and transfers some of his personal information to Lunaflat Dijital Platform Pazarlama San. Ltd. Şti, they must enter a registration form offered online and set a password of their choice ("Member Account"). Member, through member account Lunaflat Dijital Platform Pazarlama San. Ltd. Şti. has applied for membership. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti membership offers are not binding. By submitting the application, the member submits a binding offer to finalize the membership.
2. The application process includes the following steps: selecting a tariff, checking and/or correcting the selection, entering the relevant data, choosing the payment method and making the application binding by clicking an application button.
3. Requesting membership requires the member to be of legal age and to have attached a profile photo on their member account that allows them to be clearly identified, especially by partners.
4. The member is obliged to provide complete and accurate information when creating a member account. The member is also obliged to keep the data in the member account up-to-date and is responsible for their accuracy and completeness. The Member, without delay in the changes in this data Lunaflat Dijital Platform Pazarlama San. Ltd. Şti in writing. Until the notification of the changes, Lunaflat Dijital Platform Pazarlama San. Ltd. Şti has the right, but not mandatory, to use previous data to fulfill its contractual obligations.
5. A Member may have only one Member Account. However, he can benefit from the subscription service as much as he wishes.
4. Leveraging Subscriptions
1. Depending on the membership, the member is given the right to benefit from certain subscription opportunities through the platform. There is no fee for the member exceeding the membership fee. Excluded are the additional fees to which the member is expressly informed in advance and the fees charged by the partner for the provision of additional services. If the member still paid an unpaid fee, Lunaflat Dijital Platform Pazarlama San. Ltd. Ltd. will provide the member with a corresponding credit in the member account, which will be automatically deducted from future membership fees.
2. The member presents himself to the partners as Lunaflat Dijital Platform Pazarlama San. Ltd. Ltd. Şti. is obliged to introduce it as a member.
3. A contract is concluded between the member and the relevant partner for the use of the relevant third party offer in accordance with the agreements made between the member and the partner (including participation requirements, code of conduct, additional fees).
4. While the member benefits from third-party offers, the partner and Lunaflat Dijital Platform Pazarlama San. Ltd. Ltd. Sti. is obliged to comply with the relevant contractual agreements.
5. Usage Rights | Usage Restrictions
1. In accordance with the membership, Lunaflat Dijital Platform Pazarlama San. Ltd. Şti gives the member a non-exclusive, non-transferable, non-sublicensable, worldwide right to use the platform exclusively for their own private purposes during the term of the membership. Platform, from time to time Lunaflat Dijital Platform Pazarlama San. Ltd. Şti is presented on the website as described, including the member participation process and FAQ section.
2. The Member may not directly or indirectly: (a) sublicense, sell, transfer, assign, distribute, share, lease, externally commercialize, outsource or otherwise generate revenue. Cannot create platform from platform; (b) copy the Platform to any public or distributed network; (c) you may not decompile, reverse engineer, disassemble or otherwise attempt to derive any source code, object code or underlying structural idea, knowledge or algorithm or other working mechanism of the Platform, except as permitted in individual cases due to mandatory regulatory requirements. ; (d) Modify, adapt, translate or create works derived from the Platform, based on the Platform (except as permitted by Lunaflat Dijital Platform Pazarlama San. Ltd. Şti or permitted under the Platform); (e) modify any proprietary notices appearing on the Platform or any part of it; (f) use the Platform in violation of applicable laws and regulations (including export laws and restrictions, national security controls and regulations) or outside the scope of the license described in this Section 5; or (g) store, download, or share Platform infringing, defamatory or otherwise illegal or prohibited material or malicious code or malware; or (ii) phishing, spam, denial-of-service attacks, or other fraudulent or criminal activity cannot use it for research; (iii) interfere with or impair the integrity or performance of any third party system or any offer or data contained therein; (iv) Platforma or Lunaflat Dijital Platform Pazarlama San. Ltd. Şti's systems or networks may not attempt to gain unauthorized access; or (v) perform penetration testing, vulnerability assessments or other security assessments.
3. Unless the member is expressly permitted by the functions integrated into the platform, Lunaflat Dijital Platform Pazarlama San. Ltd. It cannot reproduce, process, share or publicly reproduce the content of the platform without the written consent of Şti.
4. The Member shall not directly or indirectly export or re-export the Platform or Technical Data or any copies, parts or products thereof, in violation of applicable laws and regulations.
5. The member can only use the platform as described in the documentation.
6. Member's Obligations
1. The Member declares and undertakes to use the Platform only in accordance with all applicable laws and regulations.
2. The Member is responsible for providing and maintaining the necessary technical devices and related additional services for connection, access or other use of the platform and subscriptions, in particular modems, hardware, servers, software (inside) at his own expense. Certain video (conference) and other software), operating systems, and networks (collectively, "Technical Equipment") from third-party providers to receive third-party offerings as a virtual live stream. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti makes no representations or warranties regarding the availability and/or specific functionality of such technical equipment. Lunaflat Dijital Platform Pazarlama San. Ltd. Sti requirements, Lunaflat Dijital Platform Pazarlama San. Ltd. Şti can be viewed on the website in its current form.
3. The member is also responsible for the security of his technical equipment, member account, user ID, passwords (especially the user password) and files, and for any known or unknown use of the member account or technical equipment. The member cannot give his user name and password to unauthorized third parties, and is obliged to keep and keep them securely.
4. If there is a suspicion that a member's username and/or password has been obtained by unauthorized persons, the member Lunaflat Dijital Platform Pazarlama San. Ltd. Şti and also change the relevant user name and/or password.
5. In case of a known or suspected security breach or abuse of the platform, the member immediately informs Lunaflat Dijital Platform Pazarlama San. Ltd. Şti is obliged to notify.
6. The member is not authorized to allow third parties to use the member account.
7. The Member is solely responsible for the content (collectively, "Member Content") of all data and any other material viewed, published, uploaded, stored, exchanged or transmitted by the Member through or through the Platform. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti cannot control member data continuously and does not adopt it as its own.
8. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti may, but not necessarily, investigate complaints and suspected violations (including membership violations, third party rights, and criminal and administrative offenses) and Lunaflat Dijital Platform Pazarlama San. Ltd. It may take temporary or permanent measures by taking into account the legitimate interests of the Company. Approved for the member. This includes rejecting, suspending or removing Member Content and restricting or terminating Member's access to the Platform.
7. Maintenance and Support
1. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti provides maintenance and support services for the platform to the extent arising from membership, provided that the membership fee is paid. "Support", Lunaflat Dijital Platform Pazarlama San. Ltd. Şti's Members' legitimate support requests regarding the Platform, Lunaflat Dijital Platform Pazarlama San. Ltd. It means a commitment to respond by assisting the Company in detecting errors and providing assistance. "Maintenance", Lunaflat Dijital Platform Pazarlama San. Ltd. Sti's interruptions and so-called errors, as well as Lunaflat Dijital Platform Pazarlama San. Ltd. means a commitment to provide updates and upgrades that Sti may release at its sole discretion.
2. Member Lunaflat Dijital Platform Pazarlama San. Ltd. Şti and/or Lunaflat Dijital Platform Pazarlama San. Ltd. Şti Customer Services Call Center phone number can be reached within working hours.
3. Lunaflat Dijital Platform Pazarlama San. Ltd. Ltd. uses reasonable efforts consistent with applicable industry standards to maintain the Platform in a way that minimizes disruption and disruption to the Platform. The member, the interruption of the service and all kinds of disruptions Lunaflat Dijital Platform Pazarlama San. Ltd. Şti and/or Lunaflat Dijital Platform Pazarlama San. Ltd. Şti Customer Services Call Center phone number .
4. Lunaflat Dijital Platform Pazarlama San. Ltd. If the analysis made by Şti shows that a deduction reported by the member did not actually occur or cannot be attributed to the platform, Lunaflat Dijital Platform Pazarlama San. Ltd. Sti member Lunaflat Dijital Platform Pazarlama San. Ltd. Sti's obvious expenses incurred in connection with such analysis.
5. Maintenance and support expenses are included in the membership fee.
8. Platform Availability
1. Provided that the member pays the membership fee, Lunaflat Dijital Platform Pazarlama San. Ltd. Şti opens the platform to the use of the member in accordance with the provisions of this Section 8.
2. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti will make reasonable efforts to ensure that the Member can access the Platform through the Internet at a rate of at least ninety nine point five (99.5%) more than ninety-nine point-five (99.5%) of the calendar year (based on twenty-four (24) hours a day). and (a) Lunaflat Dijital Platform Pazarlama San. Ltd. Sti or third parties due to planned or unscheduled maintenance and (b) Lunaflat Dijital Platform Pazarlama San. Ltd. Şti can receive service seven (7) days a week, excluding the unavailability due to reasons beyond its control. Lunaflat Dijital Platform Pazarlama San. Ltd. Ltd. will make reasonable efforts to provide advance notice of planned platform outages.
3. Member, Lunaflat Dijital Platform Pazarlama San. Ltd. Şti cannot guarantee the member's access to the platform, for example, the member's internet access, and Lunaflat Dijital Platform Pazarlama San. Ltd. Şti is not responsible and the member is deemed to have accepted it.
9. Membership Fee | Payment terms |
1. The member pays the subscription fee of the agreed service to Lunaflat Dijital Platform Pazarlama San. Ltd. Sti'ne liable to pay.
2. The member is obliged to use one of the payment methods offered on the platform to pay the membership fee.
3. In the event that the receivables related to the membership fee cannot be collected, the additional expenses incurred by the member and which are his/her own responsibility are covered. In the event of a refund (eg due to insufficient account balance, non-existent account or unauthorized objection), the member Lunaflat Dijital Platform Pazarlama San. Ltd. Şti to resend the relevant automatic payment.
10. Coupons | Advices
1. The member can recruit other people as new members by providing this person with a personal referral code stored in the member account. If the relevant person successfully completes the membership by entering the referral code, he will receive a one-time discount.
11. Runtime | Termination | Stop
1. Membership begins at the time agreed here and usually continues indefinitely. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti or the member may terminate his membership at any time within the notice period determined for membership.
2. The right of the parties to terminate the membership extraordinary for important reasons remains unaffected. Such a just cause, in particular (a) the member owes more than thirty (30) days if any; (b) the member knowingly provides false personal, contact or payment information or otherwise misleads him about his identity, (c) allows the member to use his membership without authorization, (d) violates the usage restrictions pursuant to article 5, or (e) ) In case the member violates his obligations according to article 6.6 . Lunaflat Dijital Platform Pazarlama San. Ltd. Şti can terminate the contract.
12. Platform Limited Warranty
1. It is the Member's responsibility to verify that the Platform meets their needs and wishes as described in the Documentation. The member is aware of the basic functions and features of the platform. The scope, nature and quality of the Platform are determined by these Terms, Membership and Documentation. Other information or conditions, but only to the member and Lunaflat Dijital Platform Pazarlama San. Ltd. Şti's expressly accepting this in writing or Lunaflat Dijital Platform Pazarlama San. Ltd. It will be a part of the membership if the Company expressly approves this in writing. Product descriptions, pictures, test programs, etc. It is not a warranty or quality contract. Giving a guarantee only applies to Lunaflat Dijital Platform Pazarlama San. Ltd. It is valid if approved in writing by the management of the company.
2. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti ensures that the platform has the basic functions described in the applicable documents for the relevant version of the platform. In case of breach of this warranty, Lunaflat Dijital Platform Pazarlama San. Ltd. Ltd. will use commercially reasonable efforts to adapt the Platform to substantially comply with the Documentation. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti, within thirty (30) days from the written notification of the violation, the Member shall have the right to terminate his membership by giving a written notice and to receive a proportional refund of the membership fee that may have been paid. The member may transfer such rights only to Lunaflat Dijital Platform Pazarlama San. Ltd. Şti in writing and use the platform in accordance with the documents.
13. Proprietary and Intellectual Property Rights | Member Content | Updates
1. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti and any of its contractors own and will continue to own all proprietary rights, including copyrights, database rights, patents, trade secrets, trademarks and all other intellectual property rights and technical solutions related to the Platform. The Member acknowledges that the rights granted by membership do not give the Member the ownership of the Platform.
2. All rights regarding member content and data based on or derived from member content belong to the member. Member, Lunaflat Dijital Platform Pazarlama San. Ltd. Şti, including other members and partners, member content cannot be transferred or sublicensed exclusively in connection with the provision of the platform.
3. Lunaflat Dijital Platform Pazarlama San. Ltd. Ltd. reserves the right to make new versions and updates of the platform, in particular, it makes changes in the design, operating process, technical specifications, systems and other functions of the platform, especially to the extent necessary for their maintenance. Contractual compliance of the platform or compelling technical, economic or legal reasons require this.
14. Liability for Indemnification
1. Without prejudice to the member's other contractual or legal obligations, the member; Lunaflat Dijital Platform Pazarlama San. Ltd. Şti'ne and Lunaflat Dijital Platform Pazarlama San. Ltd. Şti's subsidiaries, employees and subcontractors, suppliers and Lunaflat Dijital Platform Pazarlama San. Ltd. Şti. will defend, indemnify and hold harmless its dealers against the claims of third parties at the member's expense. Member, Lunaflat Dijital Platform Pazarlama San. Ltd. Şti, as a result of such a claim, is obliged to pay in full all costs and compensation claims determined by law by an authorized court.
2. In connection with a claim under this Section 14, Lunaflat Dijital Platform Pazarlama San. Ltd. Sti, Lunaflat Dijital Platform Pazarlama San. Ltd. Şti will promptly notify the Member of any third party claim that the Member believes to be entitled to indemnify. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti's failure to provide such information does not exempt the member from its obligations under this Section 14, as long as the failure to provide such information does not significantly impair the member's legal defense against such a claim. Lunaflat Dijital Platform Pazarlama San. Ltd. Ltd. may support legal defense at its own expense and discretion, but it is up to the member to take appropriate defensive measures and to conduct any settlement negotiations. Lunaflat Dijital Platform Pazarlama San. Ltd. An agreement that will legally bind Şti. Ltd. Şti has accepted in writing; Lunaflat Dijital Platform Pazarlama San. Ltd. Consent may not be unreasonably withheld, subject to conditions, or delayed.
15. Limitation of Liability
1. Lunaflat Dijital Platform Pazarlama San. Ltd. Ltd. Şti.'s legal representatives, attorneys or partners, for damages resulting from life, limb or health injury, willful or gross negligence, and damage caused by the absence of a guaranteed condition, Lunaflat Dijital Platform Pazarlama San. Ltd. Şti does not accept responsibility.
2. Lunaflat Dijital Platform Pazarlama San. Ltd. Sti , Lunaflat Dijital Platform Pazarlama San. Ltd. Ltd. Şti.'s contractual partners, legal representatives or proxies are not responsible for the damages arising from the violation of their essential obligations. Fundamental obligations are those whose fulfillment ensures the proper execution of the membership agreement and which the member can rely on and can count on to fulfill on a regular basis. Violation of important obligations Lunaflat Dijital Platform Pazarlama San. Ltd. Şti, its contracted partners, legal representatives or proxies, if it occurs as a result of slight negligence, Lunaflat Dijital Platform Pazarlama San. Ltd. Şti's responsibility is transferred to Lunaflat Dijital Platform Pazarlama San. Ltd. Limited to the amount that is foreseeable for the company.
3. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti is only liable for data loss up to an amount that covers the typical recovery costs that would arise if the member makes proper and regular data backups.
16. Right of Withdrawal
Members have the right to withdraw from this contract within fourteen (14) days without giving any reason.
The cancellation period is fourteen (14) days from the day the contract is concluded. In order to use the right of withdrawal, members sign up for Lunaflat Dijital Platform Pazarlama San. Ltd. Şti (registered office: Remzi Oğuz Arık Neighborhood Tunus Street 48/2 Çankara Ankara Turkey; e-mail address: musteri@lunaflat.com ) with a clear statement of the decision to withdraw from this contract.
In order to meet the cancellation date, it is sufficient to send the notification regarding the exercise of the right of withdrawal before the cancellation period expires.
1. Consequences of cancellation
If you terminate this contract within fourteen (14) days, we will have paid you all payments we received from you. For this refund, we'll use the same payment method you used in the original transaction, unless something else is expressly agreed with you.
If you have agreed that the service should begin within the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services rendered up to the time you notify us of the exercise of the right of cancellation. With respect to this contract, it is compared to the total scope of services provided in the contract.
If you terminate this agreement at any time after fourteen (14) days, your membership will remain active for sixty days (60) from the date you logged out, and you will be billed for the period of sixty days (60) active days.
17. Transfer
1. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti has the right to transfer all or part of the membership agreement and/or related rights to a third party, provided that it does not affect the member's rights arising from membership.
2. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti, the member became a member of Lunaflat Dijital Platform Pazarlama San. Ltd. Sti's 18.1. will immediately enter into a renewal agreement with a third party in order to exercise its rights under article.
3. The Member shall transfer his rights or obligations arising from membership and these Terms to Lunaflat Dijital Platform Pazarlama San. Ltd. It cannot be transferred without the prior written consent of Şti.
18. Full Contract | Severability Clause | Changes | Updates
1. Membership, including these Terms, is signed between the Member and Lunaflat Dijital Platform Pazarlama San. Ltd. Şti and supersedes and excludes any prior written or oral negotiations, agreements, understandings, exercises or understandings between the parties regarding its subject.
2. Should a membership regulation, including these terms, be wholly or partially invalid or invalid, the validity of the remaining regulations will not be affected. In this case, the ineffective or invalid arrangement will be replaced, if declared by the parties, with one that comes as close as possible to what they can agree on in a legally permissible manner based on the meaning and purpose of the original arrangement and the relevant contract. Invalidity or invalidation will have recognized the original regulation. If the invalidation of a regulation is based on a performance measure or time period (deadline or date) specified herein , an regulation within the legally permissible scope closest to the original scope will be superseded. The above also applies to gaps in the relevant contract that the parties do not intend, including these conditions.
3. Membership changes or additions must be made in writing (a simple email exchange is sufficient). The same applies to agreements to deviate from or waive this written form requirement.
4. Lunaflat Dijital Platform Pazarlama San. Ltd. Şti may change and/or update these conditions for the future, provided that it is necessary for technical, economic or legal reasons and there is no change that will affect the principles of the legal relationship between the parties and the establishment of a new contract. Any changes to these Terms will be communicated to the Member in text form (a simple email is sufficient) at least six (6) weeks prior to their intended effective date. The Member may accept or object to the change before the date the change is intended to take effect. If the member does not object to the change before the date the change is intended to take effect, the change is deemed to have been accepted by the member.
19. Current Law |
1. Any dispute or claim arising out of or in connection with membership (contractual or non-contractual) will be governed by the mandatory laws of the member's habitual residence (ie the provisions of this law). Otherwise, the laws of the Republic of Turkey apply.
Lunaflat Dijital Platform Pazarlama San. Ltd. Sti.
Remzi Oğuz Arık Neighborhood Tunus Street
48/2 Cankaya Ankara Turkey
Semmelstraße 46/97070
Würzburg Deutschland
musteri@lunaflat.com
March 2023