MEMBERSHIP AGREEMENT and TERMS OF USE
1. Parties
a) This Agreement has been entered into between Number 16608786 MEDESSENCE LTD (hereinafter referred to as ‘MedEssence’ or ‘Seller’), whose registered address is 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM, and the person making a purchase from the Seller's website (hereinafter referred to as the ‘Buyer’).
b) The internet user who is a member of the http://www.medessence.co.uk website (‘Member’)
2. Subject Matter of the Contract
The subject matter of this Agreement is to determine the terms and conditions under which the member may use the website http://www.medessence.com.tr owned by medessence.co.uk.
3. Rights and Obligations of the Parties
3.1. The Member declares and undertakes that the personal and other information provided when registering on the http://www.medessence.co.uk website is accurate under the law, and that they shall fully and immediately compensate medessence.co.uk for any damages incurred due to the inaccuracy of this information.
3.2. The Member may not disclose the password provided to them by reemafit.com to any other person or organisation; the right to use the said password belongs solely to the Member. For this reason, medessence.co.uk reserves the right to claim any compensation and other claims arising from such unauthorised use against any liability that may arise and any claims and demands that may be made against medessence.co.uk by third parties or competent authorities.
3.3. The member agrees and undertakes from the outset to comply with the provisions of the legal regulations when using the http://www.medessence.co.uk website and not to violate them. Otherwise, all legal and criminal liabilities arising shall be entirely and exclusively binding on the member.
3.4. Members may not use the http://www.medessence.co.uk website in any way that disrupts public order, violates public morality, disturbs or harasses others, contravenes the law, or infringes on the intellectual and copyright rights of others. Furthermore, the Member may not engage in activities that prevent or hinder others from using the services (such as spam, viruses, Trojan horses, etc.).
3.5. The ideas and opinions expressed, written, or used by Members on the http://www.medessence.co.uk website are entirely the personal views of the Members and are binding on the person expressing them. These opinions and thoughts have no connection or relation to medessence.co.uk. medessence.co.uk shall not be liable for any damages that third parties may incur due to the ideas and opinions expressed by the member, nor for any damages that the member may incur due to the ideas and opinions expressed by third parties.
3.6. medessence.co.uk shall not be liable for any unauthorised reading of member data or for any damage that may occur to member software and data. The member hereby agrees in advance not to claim compensation from medessence.co.uk for any damage that may be incurred as a result of using the http://www.medessence.com.tr website.
3.7. The Member agrees not to access or use the software and data of other internet users without permission. Otherwise, the Member shall be solely liable for any legal and criminal consequences arising therefrom.
3.8. A Member who violates one or more of the provisions listed in this Membership Agreement shall be personally liable for such violation and shall hold medessence.co.uk harmless from any legal or criminal consequences arising from such violations. Furthermore, in the event that the matter is referred to the legal authorities due to such a breach, medessence.co.uk reserves the right to claim compensation from the member for non-compliance with the membership agreement.
3.9. medessence.co.uk reserves the right to unilaterally terminate the member's membership and delete the customer's files, documents, and information at any time. The member accepts this provision in advance. In this case, medessence.co.uk shall have no liability.
3.10. The software and design of the http://www.medessence.co.uk website are the property of reemafit.com, and the copyright and/or other intellectual property rights relating thereto are protected by the relevant laws and may not be used, acquired or modified by the member without permission. Other companies and products mentioned on this website are the trademarks of their respective owners and are also protected under intellectual property rights.
3.11. The name of the Internet service provider and the Internet Protocol (IP) address used to access the http://www.medessence.co.uk website, for the purpose of improving and developing the website and/or within the framework of legal regulations. The date and time of access to the site, the pages accessed while on the site, and the Internet address of the website that directly links to the site may be collected.
3.12. medessence.co.uk may use members' personal information in studies tailored to their specific preferences and interests in order to provide better service to its users, improve its products and services, and facilitate the use of the site. medessence.com.tr reserves the right to keep a record of the member's activities on the http://www.medessence.com.tr website.
3.13. By registering as a member of medessence.co.uk, the individual hereby declares and agrees that reemafit.com may provide them with product and service promotions, advertisements, campaigns, benefits, surveys, and other customer satisfaction initiatives under current and/or future applicable policies. The member declares and accepts that they consent to the collection, sharing with all affiliated companies, use by reemafit.com and all affiliated companies, and archiving of their personal and shopping information and shopping and/or consumer behaviour information provided in the past and/or to be provided in the future when registering with medessence.co.uk and/or through other means for the above purposes. Unless otherwise notified by the member, upon termination of membership, the member declares and accepts that they consent to the collection, sharing with all affiliated companies, use by medessence.com.tr and all affiliated companies, and archiving of their data. Unless otherwise notified by the Member, the Member hereby declares and accepts that medessence.co.uk and all its affiliated companies are authorised to contact them via internet, telephone, SMS, etc. communication channels. The Member declares and agrees that they shall not make any claim for any direct and/or indirect material and/or moral negative and/or positive damage, or any damage whatsoever, incurred as a result of the collection, sharing, use, archiving and access to the information mentioned above, and shall not hold medessence.co.uk and its affiliated companies liable. If the Member wishes to change their data sharing preferences, they may submit this request to medessence.co.uk's customer service call centres.
3.14. medessence.co.uk may disclose the member's personal information when legally required to do so or
a) to comply with legal requirements or to comply with legal proceedings served on medessence.co.uk;
3.15. medessence.co.uk has taken measures within its capabilities to ensure that the website is free from viruses and similar malicious software. However, to ensure ultimate security, the user must provide their own virus protection system and ensure the necessary protection. In this context, by accessing the reemafit.com website, the member accepts that they are responsible for any errors that may occur in their own software and operating systems and for any direct or indirect consequences thereof.
3.16. medessence.co.uk reserves the right to change the content of the site at any time, to change or terminate any service provided to users, and to delete registered user information and data.
3.17. medessence.co.uk may change, update or cancel the terms of the membership agreement at any time without prior notice and/or warning. Any provision that is changed, updated or revoked shall be effective for all members as of the date of publication.
3.18. The parties acknowledge and declare that all computer records belonging to medessence.co.uk shall be taken as the sole and exclusive evidence in accordance with Article 287 of the Code of Civil Procedure and that such records constitute a contract of evidence.
3.19. medessence.co.uk shall have the right to send notification emails to the email addresses registered by its members and notification SMS messages to their mobile phones in accordance with this membership agreement. By approving this membership agreement, the member shall be deemed to have accepted the sending of notification emails to their email address and notification SMS messages to their mobile phone.
4. Termination of the Contract
This agreement shall remain in force until the member cancels their membership or until medessence.co.uk cancels their membership. medessence.com.tr may unilaterally terminate the agreement by cancelling the member's membership in the event that the member breaches any provision of the membership agreement.
5. Resolution of Disputes
The EWHC shall have jurisdiction over any disputes arising from this agreement.
6. Validity
By registering for membership, the member acknowledges that they have read all the terms and conditions of the membership agreement and accept them. This Agreement is concluded upon the member becoming a member and shall enter into force upon mutual agreement.