HIQ Nutrition Membership Agreement

1. PARTIES

This Membership Agreement (“Agreement”) is concluded between AKTİF BESİN ANONİM ŞİRKETİ, owner of the HIQ NUTRITION brand and the websites www.takehiq.ae and mobile applications, located at IKITELLI OSB MAH. MILAS CAD. NO: 1 IC KAPI NO: 10, BASAKSEHIR / ISTANBUL (“HIQ NUTRITION”), and the website user or mobile application user who becomes a member by accepting the terms below (“Member”), for the purpose of determining the conditions under which the Member benefits from the Services offered by HIQ NUTRITION.

HIQ NUTRITION and the Member shall be referred to individually as a “Party” and collectively as the “Parties”. HIQ NUTRITION is a brand of AKTİF BESİN ANONİM ŞİRKETİ and shall hereinafter be referred to as “HIQ NUTRITION”.

2. DEFINITIONS

Personal Data Protection and Privacy Policy:
Refers to the policy regulating how personal data and cookies transmitted by Members through the Platform are processed by HIQ NUTRITION.

Platform:
Refers to the HIQ NUTRITION mobile application and website.

My Account Page:
Refers to the personalized page accessible only by the Member via username and password, where the Member can manage personal information, access services, and view agreements.

Services:
Refers to all applications and systems provided by HIQ NUTRITION to enable Members to perform transactions defined under this Agreement.

Stripe Payments:
Refers to Stripe, Inc. and its affiliated companies providing online payment and electronic money services used by HIQ NUTRITION for processing payments on the Platform.
The contractual relationship regarding payments exists directly between the Member and Stripe Payments. HIQ NUTRITION shall not be responsible for matters falling within Stripe Payments’ scope of responsibility. Stripe Payments publishes its service agreements and disclosures on the Platform and is solely responsible for obligations arising therefrom.

Products in the Application:
All products displayed on the HIQ NUTRITION mobile application and website belong to AKTİF BESİN ANONİM ŞİRKETİ. All obligations regarding these products are fulfilled by AKTİF BESİN A.Ş.

Member:
Refers to the natural person who becomes a member under this Agreement and benefits from the payment systems and services provided by HIQ NUTRITION.

3. PURPOSE AND SCOPE OF THE AGREEMENT

3.1

HIQ NUTRITION operates the e-commerce platform www.takehiq.com and the HIQ NUTRITION mobile application and sells products manufactured by AKTİF BESİN A.Ş.
HIQ NUTRITION acts as an intermediary service provider under applicable electronic commerce legislation and as a hosting provider under applicable internet regulations.
Distance sales agreements are concluded between HIQ NUTRITION and users purchasing products via the Platform.

3.2

HIQ NUTRITION accepts that its products comply with Law No. 1262 on Pharmaceutical and Medical Preparations and all applicable health legislation.

3.3

Under this Agreement, the Member may become a member of the Platform and benefit from the payment and discount systems provided by HIQ NUTRITION.

3.4

The purpose of this Agreement is to determine the conditions under which Members benefit from the Services and to define the rights and obligations of the Parties.

By accepting this Agreement, the Member also accepts all statements, content, rules, applications, and future services published on the Platform.

3.5

For the avoidance of doubt, this Agreement governs only the relationship between the Parties.

The payment relationship between the Member and Stripe Payments constitutes a separate contractual relationship and does not fall within the scope of this Agreement.

When registering, the Member shall separately approve the Stripe Payments user agreement and data protection disclosures.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1 Membership Conditions

To become a Member, the applicant must:

Approve this Agreement
Provide accurate and up-to-date information
Be at least 18 years old
Be approved by HIQ NUTRITION

Membership becomes effective upon confirmation. The Member is solely responsible for damages arising from false or incomplete information and may terminate membership at any time.

4.2 Payments

All payments made through the Platform shall be processed via Stripe Payments.

The Member undertakes not to engage in any unlawful, unfair, or misleading actions regarding purchased products.

If such conduct is detected, HIQ NUTRITION reserves the right to claim compensation and initiate legal proceedings.

4.3 Legal Disclosure

HIQ NUTRITION may share Member information with authorized authorities upon lawful request.

4.4 Fraud & Dispute Prevention

Personal data may be shared solely for fraud prevention, dispute resolution, and legal protection purposes, limited to the requested scope.

4.5 Account Security

The Member is responsible for keeping username and password confidential and accepts full responsibility for all transactions carried out under their account.

4.6 Prohibited Use

The Member shall not:

Create databases using Platform data
Modify or reverse engineer the Platform
Create fake accounts or use another person’s identity
Manipulate reviews or ratings
Distribute harmful software or viruses
Collect data without consent
Overload systems or interfere with technical operations
Use bots, crawlers, scraping tools, or automated systems without authorization
Copy or publish Platform content without permission

4.7 Suspension & Termination

HIQ NUTRITION may suspend or terminate membership partially or fully in case of violations.
Final authority rests solely with HIQ NUTRITION.

4.8 System Protection

The Member shall prevent any harm to the Platform and shall not use automated login methods or harmful software.

4.9 Legal Protection

Unauthorized use constitutes a legal violation. HIQ NUTRITION reserves all legal rights.

5. CONFIDENTIALITY & DATA PROTECTION

5.1

HIQ NUTRITION processes personal data in compliance with the Turkish Personal Data Protection Law No. 6698 and its Privacy Policy.

5.2

By creating an account, the Member explicitly consents to the collection, use, transfer, and processing of personal data.

Rights may be exercised by contacting aktifbesin@hs01.kep.tr.

5.3 Marketing & Profiling

Personal data may be used for contractual obligations, marketing, profiling, surveys, statistics, and communications in accordance with the Privacy Policy.

5.4 Data Security

HIQ NUTRITION shall implement all security measures required by law.
Members may update or correct their data at any time.

6. INTELLECTUAL PROPERTY RIGHTS

All trademarks, logos, designs, software, domain names, and content belong exclusively to HIQ NUTRITION.

The Member may not use, copy, distribute, reproduce, or create derivative works without written permission.

The Member shall indemnify HIQ NUTRITION and third parties for all damages arising from violations.

7. AMENDMENTS

HIQ NUTRITION may unilaterally amend this Agreement and related policies by publishing updates on the Platform.

Members may not unilaterally modify this Agreement.

8. FORCE MAJEURE

Events beyond reasonable control — including war, natural disasters, cyber attacks, epidemics, infrastructure failures, or power outages — constitute force majeure.

HIQ NUTRITION shall not be liable for delays or failures caused thereby.
Temporary service suspensions for maintenance or upgrades do not constitute breach.

9. MISCELLANEOUS PROVISIONS

9.1 Evidence Agreement

HIQ NUTRITION’s electronic records constitute binding and conclusive evidence.

9.2 Governing Law & Jurisdiction

This Agreement is governed by the laws of the Republic of Türkiye.
Disputes fall under the jurisdiction of Istanbul Consumer Arbitration Committees and Istanbul Central Courts.

9.3 Notifications

Notifications shall be sent via email, phone call, or SMS.
The Member must keep contact details up to date.

9.4 Entire Agreement

This Agreement constitutes the entire agreement between the Parties.
Invalid provisions do not affect the validity of the remaining terms.

9.5 Assignment

The Member may not assign this Agreement to third parties.

9.6 Waiver

Failure to exercise any right does not constitute a waiver.

This Agreement, consisting of nine (9) articles, enters into force upon electronic approval by the Member and confirmation by HIQ NUTRITION.

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