1. THE PARTIES
1.1 This Membership Agreement is hereby entered into by and between Söktaş Dokuma İşletmeleri Sanayi ve Ticaret A.Ş., a service provider operating pursuant to the Law No. 6563 on the Regulation of Electronic Commerce and residing at the address of Çınarlı Mah., Şehit Polis Fethi Sekin Cad., No. 3, Sunucu İş Merkezi, B Blok, 801-805, 35170 Konak, Istanbul, on the one hand, (hereinafter referred to as “shop.soktas.com”), and
the “User” who uses, in his capacity as the “Member” or the “Visitor”, the website with the domain name or mobile application or other platforms that belong to shop.soktas.com (in this Agreement, the term User shall mean all users without making any differentiation between Visitor or Member whereas a Member shall mean all registered users only), on the other hand.
1.2 The User or Member shall hereinafter be referred to as the “Party”, individually, and the “Parties”, collectively.
2. PURPOSE OF THE AGREEMENT
2.1 It is intended to govern and define such terms and conditions applicable to those goods and services to be offered to the User on the website with the domain name “shop.soktas.com“ owned by Söktaş Dokuma İşletmeleri Sanayi ve Ticaret A.Ş. (hereinafter to be referred to as the “Website”).
2.2 The website is an electronic commerce service that supplies products and services to its users. These services are provided over such website that is available on the domain name “shop.soktas.com”.
2.3 The use of the platform indicates that the User has read and accepted this membership agreement. Therefore, this membership agreement shall be binding for all members, users and visitors that make use of the services available on the website. The users of this website shall be deemed to have undertaken to comply with the provisions hereof regardless of whether they are visitors (a visitor means someone who is not a member but makes use of shop.soktas.com services in a limited way), or a member (a member: means a user registered with shop.soktas.com by providing his personal data). The word “user” referred to in the agreement text shall also entail “members” and “visitors”.
3. USER OBLIGATIONS
3.1 The User agrees that he has read and understood the contents of the present agreement in full and he unconditionally accepts and approves all facts referred to herein and posted on the website, and he hereby represents and warrants in advance that he shall not make any plea or objection in respect of the matters referred to herein.
3.2 The User may in no event use the services offered by shop.soktas.com in a manner that disrupts the public order, is against general ethical rules, in a disturbing and harassing manner or in an unlawful way, nor may he use them in a manner that infringes intellectual or industrial properties of third parties (copyrights, trademarks or patents etc.). Moreover, he may not commit any act or initiative that blocks the use by third parties of services offered over the website, or makes such use difficult and challenging. The User hereby agrees and undertakes in advance to comply with the restrictions above.
3.3 The Member may not disclose such password assigned by shop.soktas.com to him or set by him to any third-party individual or entity. The User rights that the User and/or Member may have hereunder shall be only vested in him and may not be assigned to third parties. It is the Member who shall be responsible for the use by third parties of the user name and/or password, and the Member may in no event hold shop.soktas.com liable for this reason.
3.4 The User and/or Member agrees and undertakes that it is his responsibility to secure the security of the user name and password that he sets during his registration with the site as a member, and to take the necessary measures, to avoid using membership accounts, user names and passwords of other members, to avoid any unauthorized access to data and not to share his passwords with others; that unless he acts in compliance with the foregoing, he shall bear the entire civil and penal liability; that he shall immediately report to shop.soktas.com in case he becomes aware of the use of membership accounts by unauthorized parties; that shop.soktas.com may not be held liable in case third parties have unauthorized access to members, membership accounts and user names of the members.
3.5 The User agrees to avoid unauthorized access to, and/or not to use, such software, personal data or other data of other users that use services offered over the website.
3.6 The User hereby agrees, represents and undertakes that he shall not distribute such messages that entail legally restricted data, malicious software such as chain mail, viruses, worms etc., and any other content that may be harmful to third parties; that he shall not send any program and/or data that may give harm to such information or software installed in computers of other users nor may it use such a technique.
3.7 The Used agrees, represents and undertakes to comply with, and not to act in breach of, Intellectual and Industrial Works Law, Industrial Property Law, Turkish Code of Commerce, Turkish Criminal Code, Turkish Code of Obligations and other applicable legislation as well as circulars published by shop.soktas.com.
3.8 shop.soktas.com logo used on the website, mobile applications and all other platforms of Söktaş Dokuma İşletmeleri Sanayi ve Ticaret A.Ş. and contents of platforms as well as any intellectual and financial rights in such software thereat shall be the property of shop.soktas.com. The User agrees, represents and undertakes that it shall not use any or all platforms to view their contents and/or copy, reproduce, change or for any other unlicensed or unpermitted use; that it shall not create any derivative works from this content or shall not display or exhibit them to the public.
3.9 The User agrees, represents and undertakes that he understands that shop.soktas.com may provide for user-supplied graphics, articles, pictures, visuals, texts and similar contents via platforms; that for this reason, each User who posts a content shall be liable for the implications of such content and post; that shop.soktas.com shall in no event be held liable; that in case the User posts such a content, shop.soktas.com shall have the right to remove such content in case the content is, or shop.soktas.com is in the opinion that it is, in deviation from the publishing principles of Söktaş Dokuma İşletmeleri Sanayi ve Ticaret A.Ş. and the applicable laws; that the User may not object to the removal of such content.
3.10 The User represents, agrees and guarantees that his personal details are true and correct; that in case of a change to such details, he shall update them as soon as possible, or where a time period is set by the applicable law, within that term; that shop.soktas.com shall have no relationship or connection to any opinion, thought, idea, expression or photographs to be posted by the User; that these shall be solely binding for him.
3.11 The User may not use the website as a commercial promotion platform nor may he attempt to promote or sell goods or services, or to refer other users to sales channels over the website. shop.soktas.com shall have the right, at its sole discretion, to terminate memberships of such members who are discovered to have been using the website for that purpose and/or to remove their pages from the site.
3.12 A member may not assert any claim or right against shop.soktas.com in case he opts out of membership or his membership is terminated by shop.soktas.com.
3.13 The User agrees, represents and undertakes that where, regardless of whether he is a member or a visitor only:
- he suffers a loss because of a breach by him of any obligation herein, he shall not be entitled to assert a claim against shop.soktas.com for such loss; that he may not bring about or initiate any legal proceedings against shop.soktas.com on such grounds;
- where a third party suffers a loss due to his breach, he shall immediately indemnify the third party against such loss upon its first demand; that unless he indemnifies a third party, shop.soktas.com shall have recourse to him for the entire loss plus such interest accruing since the actual payment by shop.soktas.com of the indemnity as well as all other accessories related thereto;
- where he causes shop.soktas.com to pay a judicial or administrative fine on account of his breach, he understands that shop.soktas.com shall have recourse to him to recover that fine from him along with the entire statutory interest accruing as of the actual payment date and all other accessories thereon;
- where shop.soktas.com suffers a direct loss on account of his beach, he shall indemnify shop.soktas.com against such loss together with the entire statutory interest accruing thereon as of the loss date and all other accessories.
4. POWERS OF SHOP.SOKTAS.COM
4.1 shop.soktas.com may unilaterally suspend or terminate the services provided to a user and/or a member at all times, and shall have the right to defer, restrict or block any user access to any of its pages or services without the need to state any reason and to give any notice. The User may not hold shop.soktas.com liable under any name whatsoever for this reason.
4.3 shop.soktas.com does not guarantee that its services provided over its website or other platforms shall be continuous, uninterrupted or error-free or that the use of contents of the site or mobile applications or a connection to the site shall entail or lead to specific results or implications. While shop.soktas.com may have adopted all security measures in connection with the services provided over the website or platforms, it does not guarantee that the user system shall not be damaged due to any application, file or similar content downloaded by the user from the platform due to the inherent nature of information systems. shop.soktas.com may not be held liable for losses that may arise from the use of shop.soktas.com, mobile applications or other platforms, including direct, indirect or contingent losses, consequential losses and punitive damages.
4.4 shop.soktas.com shall have the right to reject, delay, post late, refuse to post or remove any content, e-mail or any message from the users on its pages without stating any cause or reason.
4.5 The right to post ads and promotions on shop.soktas.com platforms shall be only vested in the website or third parties licensed by shop.soktas.com.
4.6 shop.soktas.com may publish links to other sites that may not necessarily be its own sites on its website or other platforms. In such a case, considering the fact that the contents of sites to which shop.soktas.com provides a link or which is recommended by shop.soktas.com may change in time, it is the owner of that site that shall be fully responsible, and shop.soktas.com shall bear no liability, for user’s use of information there, or confidentiality obligations and contents in those sites in case of any visit made by users via links or recommendations for such third-party sites.
4.7 In case user names, e-mails and other personal data in shop.soktas.com platforms are collected by unauthorized persons for any reason whatsoever, this constitutes a crime under the applicable law.
4.8 shop.soktas.com shall not be responsible for any errors in updates of prices, goods or otherwise attributable to technical reasons and may update or change prices posted at shop.soktas.com platforms at any time at its sole discretion.
5. TERMINATION AND AMENDMENTS
5.1 shop.soktas.com and the Member may terminate this membership agreement at any time at their sole discretion. shop.soktas.com may unilaterally change, adjust or update the terms of this membership agreement, the website, its contents or services offered herein or at any other site at any time, including those required pursuant to the applicable law. Such changes, adjustments and updates shall be deemed to be effective as soon as they are posted at the relevant platform. Users shall be deemed to have agreed updated/changed/adjusted articles whenever they log into the website publishing under the domain name shop.soktas.com or they use the relevant platform.
5.2 The Member agrees and undertakes that he shall immediately indemnify shop.soktas.com and/or third parties against any losses and damages that the latter may suffer due to the member’s breach of the rights and obligations herein and/or his failure to perform his obligations and commitments hereunder as of the date when he starts to use the service provided by shop.soktas.com pursuant hereto; that shop.soktas.com may unilaterally terminate the agreement and cancel his membership.
6.1 This Agreement shall be construed and governed, and any dispute shall be settled, according to Turkish law without regard to the rules of conflict of laws, and Istanbul Courts shall have jurisdiction over such disputes.
7. NOTIFICATION ADDRESSES
7.1 The address notified by the member on the website shall be deemed to be his statutory notification address for all kinds of notices to be served in connection with or for this agreement.
7.2 The member agrees that unless he updates his membership details on the website in writing due to changes in his current address and gives a notice of such change within 3 (three) days, notices to be served on his former address shall be valid and deemed to have been served on him.
7.3 Any and all notices that shop.soktas.com may e-mail to the member’s registered e-mail address under this agreement shall be fully valid and e-mails shall be deemed to have been received by the member 1 (one) day after the e-mail sent by shop.soktas.com.
The Member hereby agrees, represents and undertakes that he has fully read, understood and accepted all articles set out herein; that he certifies that his personal details provided herein are true and correct. This membership agreement is hereby entered into by and between the parties when the member becomes a member and comes in force on a mutual basis and for an indefinite term. The agreement shall automatically become null and void when the membership terminates or any of the termination circumstances or causes set out herein occur without any further need for notice.