MEMBERSHIP AGREEMENT

Article – 1 Parties

This Membership Agreement (“Agreement”) is executed by and between Kaft Tasarım Tekstil Sanayi ve Ticaret Anonim Şirketi (“Company” or “Kaft”) resident at Konaklar Mah. Akasyalı Sk. No:12 34330 Beşiktaş, İstanbul and all individuals (“Member(s)”) who are a Member of www.kaft.com website (“Website”) operated by the Company in electronic environment. The Company and the Member shall be referred to as “the Parties” collectively.

 

Article – 2 Subject of the Agreement

The subject of this Agreement is to determine the use and membership conditions of Website relating to products or services which the Members will have through the Website.

 

Article – 3 Establishment of the Agreement

(a) THE MEMBER AGREES THAT HE/SHE HAS READ AND UNDERSTOOD THE AGREEMENT AND IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS HEREUNDER.

(b) THE PARTIES AGREE THAT THERE IS NO DISPROPORTION BETWEEN THE AGREEMENT AND THE SUITABILITY OF MUTUAL OBLIGATIONS AND MUTUAL OBLIGATIONS SPECIFIED HEREIN CONFORM TO THE QUALITY OF THE WORKS AND THE PARTIES HAVE NO INEXPERIENCE WITH RESPECT TO THE PROCEDURES AND TRANSACTIONS COVERED HEREBY.

(c) THE MEMBER AGREES THAT HE/SHE HAS FULL OPINION THAT ALL TRANSACTIONS IN THIS AGREEMENT CONFORM TO HIS/HER BENEFITS AND HE/SHE SHALL ABIDE WITH ALL TERMS BY TAKING INTO CONSIDERATION ALL RELEVANT ELEMENTS IN HIS/HER OWN FREE WILL, WITHOUT ANY DIFFICULTY OR CONSTRAINT, AS A RESULT ACHIEVED BY REASONING, WISHING AND KNOWING.

(d) THE PARTIES AGREE THAT THE TERMS OF THE AGREEMENT DO NOT HAVE ANY PARTICULARITY WHICH MAY BE CONSTRUED AS UNJUSTIFIED RIGHT AND ANY UNJUSTNESS IN TERMS OF THE BALANCE OF BENEFITS.

(e) THIS AGREEMENT DOES NOT CONTAIN ANY UNJUSTIFIED TERM IN ACCORDANCE WITH THE TERMS OF THE REGULATIONS ON UNJUSTIFIED CONDITIONS IN CONSUMER AGREEMENTS. BONA FIDES AND THE RULES OF GOODWILL ARE NOT CONTRADICTED AND THEY ARE ISSUED ACCORDING TO THE LEGISLATION ON THE PROTECTION OF CONSUMERS.

(f) THE TERMS AND CONDITIONS OF THIS AGREEMENT WERE PREPARED BY TAKING INTO CONSIDERATION THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING AND CONTENT CONTROL PROPOSED IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS WAS PERFORMED BY THE MEMBER. THERE IS NO ALIENATION IN ANY OF THE TERMS HEREOF, TO THE NATURE OF THIS AGREEMENT AND THE PARTICULARITY OF THE WORK (SURPRISING TERMS). THE TERMS OF THIS AGREEMENT WERE WRITTEN IN CLEAR AND COMPREHENSIBLE MANNER AND DO NOT HAVE MORE THAN ONE MEANING.

Article - 4 Membership

4.1 Membership is earned upon the completion of membership processes on the Website (and upon execution of this Agreement).

4.2 The Member must be at least 18 years of age (or older) in order to earn membership under the article 4.1. and understand and agree to these terms. If the Member is at least 13 years old and under 18 years of age on condition that he/she has the discrimination power simultaneously, he/she must be using the Website only with his/her one of the parent or legal representatives. In this context, the Member declares that his/her parent or legal representative has reviewed and accepted the Agreement.

4.3 Members are obliged to provide accurate, real and up-to-date information about membership procedures. The scope of this information is determined by the Company and can be amended if necessary, and the scope can be extended. The information so shared may any time be amended and updated by the Member. For the membership of the Member to continue, the Member must provide the information contained in the information list and update it in case of any change.

4.4 The Company may share the Member’s information with the relevant official authorities to a limited extent, in order to fulfil the requirements of the regulatory or enforcement proceedings of the authorities or judicial bodies.

4.5 If the Members use a nickname while completing the membership transactions, the nickname cannot be in conflict with the applicable legislation and morality; and cannot be insulting, or contain words of profanity, swearing, derogation or words that harm personal rights.

4.6 Members can get out of membership when they wish. The rights and obligations arising from the Agreement until the date of withdrawal from membership and the provisions which must remain in force due to their qualifications even if the Agreement is terminated (compensation for damages, final provisions, etc.) shall not be affected by termination of membership.

 

Article – 5 Rights and Liabilities of the Parties

5.1 The Member declares and undertakes that the personal and other information provided by the Member when registering is true and he/she will immediately compensate the Company for any damages incurred by the Company due to the fact that the personal and other information provided by the Member is not true and not updated.

5.2 The Member shall have the exclusive right to use the password he or she receives under the membership for using the Website. The Member cannot give this password any third party. All legal and criminal liability related to the use of access to the system (username etc.) used to gain access to use the Website and password shall be on the Member.

5.3 A Member cannot transfer his membership to another person.

5.4 The Member agrees, declares and undertakes not to violate the provisions of all legal regulations and to infringe such provisions when using the Website. Otherwise, all legal and criminal liability to be incurred shall be solely and exclusively the responsibility of the Member.

5.5 The Member shall not use the Website in any way that violates public order, violates general morality, disturbs and harasses others, infringes on the opinions and copyrights of others for a violation of the law. Furthermore, it cannot be used in activities that threaten or prevent the operation of the Website or the software, such as preventing the use of services by other users or in preventing or complicating the activities (spam, virus, trojan, etc.) and transactions.

5.6 The opinions and ideas expressed by the Members on the Website, shared images, messages, comments and expressions used are exclusively own personal opinions and interpretations of the Member, and only the Member is responsible for the results of these opinions and comments. The Company has no interest and relation in such opinions, images, comments, messages and ideas. The Company shall not be liable for any loss suffered by third party individuals or entities due to ideas and opinions declared by the Member or due to damages caused by opinions and ideas declared or the messages, comments or images shared by third party individuals or entities.

5.7 The Company shall not be held liable for any unauthorized seizure of Member’s information and data, and for any damage to the Member’s information and data, in despite of the security measures were taken for necessary information by the Company.

5.8 The Company shall not be responsible for any direct or indirect damages incurred due to use of the Website by the Member.

5.9 Kaft may provide links to other web sites or applications that are not controlled by the Company, not established, operated or edited by the Company, and may contain references to these sites or applications. The Company is not responsible for such other applications or the content of websites or other links and / or references contained therein or products / services provided by them. These links are not intended to support the owner of the linked web site or the person running the site, or any representation or undertaking for any information, expression or visual content contained therein. The Company is also not responsible for advertisements, promotions or banners promoted or promised by the Website or linked by the Website in the same way.

5.10 A Member cannot assign the user profile created thereby to any third party or allow the use of that profile by any third party. Members cannot transfer their rights and obligations arising from this Agreement without the Company’s approval. The Company may transfer the rights and obligations arising from the Agreement to third parties.

5.11 If the Member is in breach of the terms of this Agreement, the penal and legal responsibility arising out of the violations shall personally be owned by the Member. The Member shall keep the Company free from all damages, claims, demands and claims that may arise due to violations. Also; the Company reserves the right to claim compensation from the Member of the Company for such violations.

5.12 The Company shall always be entitled to suspend or terminate the Member’s membership and to delete all information, data, documents and files belonging to the Member without unilaterally assuming any liability and without compensation.

5.13 Copyright and / or any intellectual property rights related to the general appearance, design and software of the Website, text and visual content in the site and all other contents, trademarks, logos, know-how and other items belong to the Company or used by the Company under license. They may not be used, acquired, modified, copied or reproduced in any form without the written consent of the Company. The use or access to the Website or its contents under conditions set forth by the Company shall not entitle the Member any intellectual and industrial property rights and/or any rights of ownership or disposition.

5.14 Measures have been taken to ensure that the Website is free from viruses and similar software. In addition, in order to ensure the ultimate safety, the Member must supply his own virus protection system and provide the necessary protection. In this context, the Member agrees to be a Member of Kaft Website and is responsible for all errors and their direct or indirect consequences (including but not limited to spam, virus, trojan horses) that may occur in their software and operating systems.

5.15 The Company reserves the right to change, stop or terminate any service provided to Members, any benefit or Kaft products and delete the user information and data stored on the Website at any time.

5.16 The Company may update, modify or remove any of the terms and conditions of this Agreement at any time without prior notice and / or requirement. Any provision that is updated, modified or removed from power shall be effective for the Member at the time of publication.

5.17 The Member shall be responsible for providing the network access required to use the service. It is the responsibility of the Member to provide updates to the appropriate software and devices necessary to benefit from the Service and to keep the Website up-to-date. The Company does not warrant or undertake that the Website shall in any way operate with a specific device or software and that the functions contained in the materials shall be uninterrupted or error free. The Company shall not assume responsibility for the problems that the Member will have due to interruptions in the Website access arising from technical problems.

5.18 The irresponsibility records for the Company under this Agreement are also cover the employees and partners of the Company.

5.19 Without prior approval of the Company, the Member shall not be permitted to link to any other website, the contents of any website or any data on the network, in any transaction that Member will perform through the Website.

5.20 The Company, at its sole discretion, may organize campaigns from time to time and announce these campaigns through various channels. The Member is deemed to have accepted the relevant campaign conditions announced by the Company while benefiting from the said campaigns. The Company reserves the right to change the campaign conditions and terminate the campaign at any time.

 

Article – 6 Termination

6.1. The Member and the Company may terminate this Agreement at any time.

6.2. The rights and obligations arising from the Agreement until the date of termination and the terms that must remain in force due to their qualifications even if the Agreement is terminated (compensation for damages, final provisions etc.) shall not be terminated.

 

Article – 7 Final Provisions

7.1 This Agreement is governed by the laws of the Republic of Turkey and will be construed accordingly.

7.2 İstanbul Çağlayan Courts and İstanbul Çağlayan Enforcement Offices are authorized to settle all disputes arising out of or relating to this Agreement.

7.3 The Parties agree that, in disputes that may arise within the scope of this Agreement, the documents and electronic records of the Company shall be the sole evidence for such disputes.

7.4 Company Contact Information: The contact information of the Company is as follows:
Title: Kaft Tasarım Tekstil Sanayi ve Ticaret Anonim Şirketi
Address: Konaklar Mah. Akasyalı Sk. No:12 34330 Beşiktaş, İstanbul
Phone: +90 212 2673634
Fax: +90 212 2673638
E-mail: kvk@kaft.com

7.5 Transactions that are made through the Website and described as declaration that will be considered as binding declarations of the Parties in accordance with the Turkish Code of Obligations, consumer legislation and other applicable legislation.