Membership Application

İstanbul Modern Membership Program
Pre-Contractual Information Form

1. Vendor/Supplier Information:

   VENDOR INFORMATION:
   Name:	İstanbul Modern Sanat Vakfı İstanbul Modern Sanat Müzesi İktisadi İşletmesi
   Address:	Kılıç Ali Paşa Mahallesi, Tophane İskele Caddesi, No:1/1 34433 Beyoğlu-İstanbul
   Phone no.:	0212 334 73 00
   Fax no.:	0212 243 43 19
   E-mail:	info@istanbulmodern.org
   Website:	www.istanbulmodern.org

   MEMBER INFORMATION:
   Name, surname:
   Address:
   Phone no.:
   E-mail:

2. Description of Product/Services:

   İstanbul Modern Membership Program: The program offered is a special membership plan defined in brochures available in any kind of printed or electronic medium issued by Istanbul Modern in relation to membership. Categories, features of categories, advantages of each category, membership dues and terms of payment and similar issues are available on the membership page of the website www.istanbulmodern.org. Each consumer having purchased a membership plan (hereinafter referred to as “Member”) shall benefit from the rights, services and privileges covered by the membership plan purchased, provided he/she presents the membership card sent/delivered to him/her and a proof of identity with photo to the Istanbul Modern agent.

   Membership Categories and Advantages:
3. Istanbul Modern Membership Category, Price, and Delivery Cost
    

   Membership category chosen	Membership Price (Including All Taxes)
   Delivery cost	0
   Total :

   By taking action to purchase one of the membership options mentioned above the consumer agrees and declares that he/she has read the present pre-contractual information form; and by confirming the purchase order relating to membership he/she agrees and declares that he/she will be under the obligation to pay.

4. Information about payment and delivery or performance: The payment of membership dues may either be made by wire transfer in accordance with the procedure selected by the Member on the website and approved in electronic format; or the payment may be made –in one lump sum– by credit/debit card. For payments made via wire transfer, the name of the Member must appear on the details of the wire transfer.
   
   Payment in installments is possible for Genç Modern (Individual-Dual Memberships), Gold, and Silver memberships, but only with certain credit cards (İş Bankası, Yapı Kredi Bankası, Garanti Bankası, and certain other cards that these banks may specify). The installment policies of these banks and the number of installments possible according to credit card type is entirely at the discretion of the bank issuing the card and may vary according to the bank’s policies.
   
   When payment is made by credit/debit card, in the cases where no approval has been received from the issuer’s credit/debit card division, the order placed by the Member shall be deemed invalid.
   
   The Membership Card shall be issued by Istanbul Modern, and, as a rule, delivered to the Member by hand at Istanbul Modern. The Member hereby agrees and undertakes that he/she shall collect the membership card in person at the address of Istanbul Modern and that in the event where Istanbul Modern is under the obligation to communicate him/her the card via other means and/or where the Member is late in collecting the card, Istanbul Modern shall by no means be responsible for any delays.
   
   In the event where the membership card is to be sent by courier/parcel service depending on the decisions and practices of Istanbul Modern and if requested by the Member, the membership card shall be delivered to the address provided during the application procedure or while placing the order. The membership card shall be delivered, upon presentation of an official proof of identity with photo, to the Member or to a cohabitant or permanent employee of the Member authorized by the Member to this effect. The cost of the courier/parcel service determined by Istanbul Modern shall be borne by the Member unless otherwise stated in writing. Istanbul Modern shall cover courier/parcel service costs for Young Modern, Gold, and Silver membership cards. Istanbul Modern shall not be held responsible for any delays that may result from the designated person’s refusing to take delivery the card, or due to a misstatement or incomplete statement of address on the electronic Application Form, or due the Member’s failure to notify a change of address.
   
   The Member shall benefit from the rights, services, and privileges of the selected category by presenting to the Istanbul Modern agent the membership card delivered to him/her and a proof of identity with photo.
5. Right of Withdrawal: The member may withdraw from membership by communicating to Istanbul Modern a written notice which must be delivered to Istanbul Modern against signature within 7 (seven) days of the member’s concluding/approving the Contract in electronic format, provided that the member has not benefited from any of the rights, services, or privileges to which he/she was entitled under the “Membership Categories” defined in the present Form and pertaining to the category selected by the Member on the Application Form he/she has filled on the website and concluded/approved in electronic format. Under the present clause, the member sending a withdrawal notice is under the obligation to return the original invoice to Istanbul Modern along with the withdrawal notice or within the stated 7 days. If the original invoice is not returned, the VAT and any other legal obligations shall not be reimbursed. In such an event, Istanbul Modern shall reimburse the Member the sum paid by the Member until then with no added interest after deducing the card’s printing costs and any legal deductions –if applicable–, within 10 (ten) days of receiving the notice. If the Member has paid by credit card, the reimbursement shall be made to the same credit card account after deduction of any commissions –if applicable–, courier/parcel service costs, and/or other costs. The time it takes for the reimbursement to be credited back to the Member’s account being a matter that depends entirely on the bank’s processing time, the Member hereby agrees that Istanbul Modern can by no means intervene in the event of any delay and that it may take time for the bank to credit the refund to the Member’s account after Istanbul Modern has reimbursed the amount to the credit card account.
6. In the cases where the cost of using the means of distance communication is not calculated according to ordinary rates, Members shall not be charged any additional cost arising from the use of this means.
7. Validity period of all commitments including price related to the Istanbul Modern Membership Program: All such commitments shall remain valid for the 24 hours after confirmation of the pre-contractual information form.
8. Duration of membership: 1 (one) year starting from the date when the sales transaction took place.
9. Termination: The Membership Contract shall terminate after one (1) year unless renewed by the Member.
10. Objections/Complaints: The Member agrees that any objection or complaint may be filed –within the monetary limits determined yearly in December by the Ministry of Science, Industry, and Technology– with the Arbitration Committee for Consumer Problems or the Consumer Courts located near the place of residence of the Member and Istanbul Modern.

I have read all of the information contained in the Istanbul Modern Membership Program Pre-Contractual Information Form; I confirm that the information provided via the means of distance communication used by Istanbul Modern (on the membership pages on the website) is complete and accurate; I declare that I have understood the conditions of the membership program, the categories under the membership program, the rights, services, and privileges offered under these categories, membership dues by category, the terms of delivery, the conditions relating to the right of withdrawal, and other conditions; I declare that I have understood that in the event where I confirm the purchase order relating to membership I will be under the obligation to pay; I hereby represent that any information contained herein is provided, in electronic format, for commercial purposes and in good faith to safeguard minors, as well as adults who are mentally incompetent or lack the necessary mental capacity to give their consent; I declare that the information about Istanbul Modern and about the commercial nature of the transaction are adequately explained on the website; and I affirm that I understand and agree to all the pre-contractual information.

Istanbul Modern Membership Program
Distance Sales and Membership Contract

1. Definitions

   The following definitions shall apply for the present Istanbul Modern Membership Program Distance Sales and Membership Contract (“Contract”).

   İSTANBUL MODERN/VENDOR:
   Name:	İstanbul Modern Sanat Vakfı İstanbul Modern Sanat Müzesi İktisadi İşletmesi
   Address:	Kılıç Ali Paşa Mahallesi, Tophane İskele Caddesi, No:1/1 34433 Beyoğlu-İstanbul
   Phone no.:	0212 334 73 00
   Fax no.:	0212 243 43 19
   E-mail:	info@istanbulmodern.org
   Website:	www.istanbulmodern.org

   MEMBER INFORMATION:
   Name, surname:
   Address:
   Phone no.:
   E-mail:

   Membership Program: The subject of the present Contract is the Istanbul Modern Membership Program created by Istanbul Modern under various categories.

   Web site: The website is www.istanbulmodern.org, all of the legal rights of which are owned by Istanbul Modern.

   Membership Categories and Advantages:
2. Subject of the Contract
   
   The present Contract sets the conditions, rights, and obligations pertaining to the Member’s purchase, in electronic format via the website, of the Istanbul Modern Membership Program according to the categories which are defined in the Contract and the rights, privileges, and prices which are specified individually for each particular category. The present Contract further sets the conditions, rights, and obligations pertaining to the Member’s benefiting from services offered by the Istanbul Modern Membership Program according to the category chosen and purchased by the Member.
3. Acquisition of Membership
   
   Membership is acquired –regardless of the date of delivery of the Membership Card– once the Member has read the pre-contractual information form and agreed to the present Distance Sales and Membership Contract in electronic format and once the payment relating to the particular membership category chosen is made by the Member and reaches the accounts of Istanbul Modern. Membership can be acquired only for the category for which the required payment has been made.
4. Delivery of the Membership Card to the Member
   
   The Membership Card shall be issued by Istanbul Modern, and, as a rule, delivered to the Member by hand at Istanbul Modern. The Member hereby agrees and undertakes that he/she shall collect the membership card in person at the address of Istanbul Modern and that in the event where Istanbul Modern is under the obligation to communicate him/her the card via other means and/or where the Member is late in collecting the card, Istanbul Modern shall by no means be responsible for any delays.
   
   In the event where the Membership Card is to be sent by courier/parcel service depending on the decisions and practices of Istanbul Modern and if requested by the Member, the membership card shall be delivered, upon presentation of an official proof of identity with photo, to the Member or to a cohabitant or permanent employee of the Member authorized by the Member to this effect. The cost of the courier/parcel service shall be borne by the Member unless otherwise stated in writing under the selected membership category. Istanbul Modern shall cover courier/parcel service costs for Young Modern, Gold, and Silver membership cards. Istanbul Modern shall not be held responsible for any delays that may result from the designated person’s refusing to take delivery of the card, or due to a misstatement or incomplete statement of address on the electronic Application Form, or due the Member’s failure to notify a change of address.
5. Istanbul Modern Membership Category, Price, and Delivery Cost
    

   Membership category chosen	Membership Price (Including All Taxes)
   Delivery cost	0
   Total :

6. Payment may either be made by wire transfer in accordance with the procedure selected by the Member on the Application Form on the website and approved in electronic format; or the payment may be made –in one lump sum– by credit/debit card, the details of which are provided by the Member on the Application Form on the website.
   
   Payment in installments is possible for Genç Modern (Individual-Dual Memberships), Gold, and Silver memberships, but only with certain credit cards (İş Bankası, Yapı Kredi Bankası, Garanti Bankası, and certain other cards that these banks may specify). The installment policies of these banks and the number of installments possible according to credit card type is entirely at the discretion of the bank issuing the card and may vary according to the bank’s policies.
   
   When payment is made by credit/debit card, in the cases where no approval has been received from the issuer’s credit/debit card division, the order placed by the Member shall be deemed invalid. For payments made via wire transfer, the name of the Member must appear on the details of the wire transfer.
7. Right to Withdrawal
   
   The member may withdraw from membership by communicating to Istanbul Modern a written notice which must be delivered to Istanbul Modern against signature within 7 (seven) days of the member’s concluding/approving the Contract in electronic format, provided that the member has not benefited from any of the rights, services, or privileges to which he/she was entitled under the “Membership Categories” defined in the present Contract and pertaining to the category selected by the Member on the Application Form he/she has filled on the website and concluded/approved in electronic format. Under the present clause, the member sending a withdrawal notice is under the obligation to return the original invoice to Istanbul Modern along with the withdrawal notice or within the stated 7 days. If the original invoice is not returned, the VAT and any other legal obligations shall not be reimbursed. In such an event, Istanbul Modern shall reimburse the Member the sum paid by the Member until then with no added interest after deducing the card’s printing costs and any legal deductions –if applicable, within 10 (ten) days of receiving the notice. If the Member has paid by credit card, the reimbursement shall be made to the same credit card account after deduction of any commissions –if applicable–, courier/parcel service costs, and/or other costs. The time it takes for the reimbursement to be credited back to the Member’s account being a matter that depends entirely on the bank’s processing time, the Member hereby agrees that Istanbul Modern can by no means intervene in the event of any delay and that it may take time for the bank to credit the refund to the Member’s account after Istanbul Modern has reimbursed the amount to the credit card account.
8. General Provisions Relating to Membership
   1. Throughout his/her membership, the Member shall abide by the rules as determined in the Contract, on the electronic Application Form on the website, on the website pages pertaining to membership categories, in brochures and documents issued by Istanbul Modern in printed or electronic form, as well as by rules to be determined by Istanbul Modern pertaining to the functioning of the program. Otherwise, his/her membership (and complimentary cards, if applicable) shall be cancelled without any refund nor reimbursement of any other payment or compensation.
   2. The Member is entitled to replace at any time the membership category he/she has chosen with a category with a higher fee. The Member shall pay the difference between the dues already paid and that of the new membership category, in cash and in one lump sum. In such an event, the old and new categories will be combined in a single one-year term and the term will not be extended. It is not possible to transfer to a category with a lower fee.
   3. The right to use the membership card belongs to the Member in whose name the card has been issued (to each member in whose name a card has been issued under the Genç Modern - Dual Membership, Family, Silver, and Gold categories). Presentation of a proof of identity with photo is required whenever the card is used. The holder of a complimentary card is entitled only to the advantages of the category to which his/her card belongs. The membership card and all the rights pertaining thereto are Istanbul Modern’s property and may not be used for commercial or other purposes or made available to third parties. If the membership is terminated for whatever reason, including the exercise of the right of withdrawal, the Membership Card and all related complimentary cards shall immediately be cancelled and all rights of use terminated.
   4. If the membership card –and all complimentary cards where applicable– is lost, stolen, or reported to be in the hands of third parties, the Member must immediately inform Istanbul Modern and immediately provide a written confirmation of this information. In order for the card to be deemed invalid, the written notice must reach Istanbul Modern. The new membership card shall be delivered to the Member following the same procedures as the delivery of the initial card.
   5. Istanbul Modern may end the membership system as a result of its own administrative decisions if and when it finds it fit to do so. This is a case that entirely differs from the situation where a membership is cancelled due to the Member’s failure to abide by the rules. If Istanbul Modern decides to end the membership system, the paid annual dues shall be reimbursed to the Member upon his/her written request after deduction of paid taxes (VAT and other if applicable) on a pro rata basis according to the number of days that remains as of the cancellation of the system. If no written request is filed within 3 (three) months of the cancellation of the system, the sum paid shall be treated as a donation to Istanbul Modern and recorded as revenue.
   6. Memberships are valid for one (1) year from the date the membership is acquired. Upon the expiration of this term, the Member shall be contacted in order to renew the membership. Upon the member’s verbal or written confirmation of this renewal, the dues for the new term, including any increase in the price if applicable, shall be collected in accordance with the procedure specified by the Member. Once the sum is collected, Istanbul Modern will extend the validity period of the card or issue a new card. If a new card is issued, the card will be delivered to the Member following the same procedures as the delivery of the initial membership card. In the event where the membership term is extended under the present article, the validity of the present Contract shall be extended for the same period of time and the same provisions shall remain valid for the subsequent years.
   7. The Member agrees that the address and/or e-mail address and phone numbers provided on the electronic Application Form may be used by Istanbul Modern or its supporters or sponsors for promotion and information purposes and that any promotional activity relating to departments and products of Istanbul Modern such as events, exhibitions, services, cafés, stores, cinema etc. or any content relating to the supporters or sponsors of Istanbul Modern may be sent to the Member.
   8. Istanbul Modern has the right to make changes of any kind, at any time to the Membership Program, to the website, to the Application Form relating to the Membership Program/the provisions of the present Contract/the contents of brochures in electronic or printed form, and to inform the Member of such changes using various communication channels such as telephone/sms or announcements on the website etc. In the event where the Member continues to benefit from the rights, services, and privileges included in the Membership Program following these changes, he/she will be deemed as having accepted these changes.
9. Notices
   
   The address provided by the Member on the electronic Application Form is his/her legal notice address. The Member must notify Istanbul Modern in writing of any changes in his/her name, address, or other contact information. All notifications and communications to the Member by Istanbul Modern shall be made to the address and/or e-mail address provided on the electronic Application Form. In the event where Istanbul Modern is not notified in writing of a change in the Member’s contact information, Istanbul Modern shall not be held responsible for any delay, loss, or failure of delivery, and any notification and communication sent to the address provided on the electronic Application Form shall be legally deemed as having reached/been communicated to the Member.
   
   Istanbul Modern shall not be held responsible for any failure of or delay in any notification or communication reaching the Member due to external factors such as delays or losses in the mail or for delays due to the Member not being found at his/her address.
10. Jurisdiction
    In case of dispute, the laws of the Republic of Turkey shall apply and Istanbul (Central) Courts and Enforcement Offices shall have jurisdiction.
    Any objection or complaint by the Member may be filed –within the monetary limits determined yearly in December by the Ministry of Science, Industry, and Technology– with the Arbitration Committee for Consumer Problems or the Consumer Courts located near the place of residence of the Member and Istanbul Modern.
    
    By virtue of Law no. 4077 on the Protection of the Consumer and the Regulation on Distance Contracts, the Member hereby agrees, declares, and undertakes that he/she has been provided with all pre-contractual information necessary such as categories of the membership plan to be purchased, the rights and advantages offered by each category, and their prices. The Member further agrees, declares, and undertakes that he/she has been informed in general about matters such as his/her right of withdrawal and terms of delivery; and that by approving the purchase relating to the membership, he/she will be under the obligation to pay and that he/she has agreed to the pre-contractual information and approved the purchase in electronic format; that by approving the Application Form and the present Contract in electronic format the Member also approves that he/she agrees to the present Contract which is an integral part of the Application Form and that the pre-contractual information form that he/she has confirmed and the invoice issued by Istanbul Modern constitute integral parts of the present Contract.