THE MEMBERSHIP AGREEMENT
THE MEMBERSHIP AGREEMENT
1. THE PARTIES
This Membership Agreement (“Agreement”) has been executed by and between Kuasar Kuyumculuk Yapı San. Ve Tic. Ltd. Şti. (“KURSHUNI”) having its principal place of business at Yenibosna Merkez Mah. Kuyumcular Sk No:4 Vizyonpark Genel Merkez Plaza D:225, 34197 Bahçelievler/İstanbul with MERSİS No. 0590006098700015, and the member (the “Member”) who requested to sign-up for www.kurshuni.com website as a member (the Member”).
Within the scope of this Agreement KURSHUNI and the Member shall each be referred to seperately as “Party”, and collectively as “Parties”.
2. SUBJECT MATTER
The subject matter of this Agreement is to ensure the Member to sign-up as a member (the “Membership”) for www.kurshuni.com website (the “Website”) where the silver jewelleries of KURSHUNI are sold and determination of the terms and conditions for Membership to the Website.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Member accepts and undertakes that she/he shall use the Website in accordance with the law, good faith, public order, public morality and this Agreement, and shall not be engaged in activities that may infrige any rights of any third parties and/or affect security of the Website in a negative way while using the Website. Otherwise, the Member will be fully and exclusively liable for any damages.
3.2. The Member accepts and undertakes that the data given for membership is correct, she/he will be personally liable for any damages or sanctions incurred by KURSHUNI and/or other third parties due to incomplete or incorrect data.
3.3. The user name and password provided to the Member by KURSHUNI is special to the Member. The Member is personally and separately responsible for the privacy and security of the username and password. In case of any action is taken against the Member through the Website due to the inability of the security of the username and password by the Member, the Member accepts and undertakes that she/he shall not hold KURSHUNI responsible in any way and will be the only responsible for this. The Member accepts that the transactions carried out with the username and password belong to her/him are carried out by her/him; the responsibility arising from this transaction belongs to her/him in advance; she/he shall not file any objection and/or plea that she/he did not carry out these transactions herself/himself and/or she/he shall not refrain her/his obligations based on this objection or plea; she/he will be exclusively responsible for all damages of the members and/or third parties or KURSHUNI incurred.
3.4. KURSHUNI has exclusively right and authority to determine or change the products that will be sold via Website at any time, add or remove new products/services to the Website. KURSHUNI does not guarantee to the Member that any product will be sold and/or there will be sufficient stock.
3.5. KURSHUNI will send the products to the Member to the address notified by the Member during purchase. The Member will not hold KURSHUNI responsible for any worng information provided by her/him.
3.6. KURSHUNI may unilaterallychange the terms of this Agreement at any time. The Member declares in advance that she/he accepts the changes that may be made by KURSHUNI.
3.7. KURSHUNI has right to delete the account of the Member, if it is necessary. The Member accepts that, if KURSHUNI takes such a decision, the account may be deleted and therefore KURSHUNI will not have any responsibility.
3.8. The trademark/brand, products and Website of KURSUNI are the property of KURSHUNI and since the copyright and/or intellectual property rights related to them are protected by laws, the Member cannot act that may violate there rights of KURSHUNI. The companies and products mentioned in this Website are the trademarks of their owners and are also protected under intellectual property rights.
3.9. IP address used for access, access date and time information, accessed pages etc. details can be kept by KURSHUNI for the purposes of improving and developing the Website and/or fulfilling legal obligations.
3.10. KURSHUNI may process the personal data of the Member in order to carry out membership transactions. The Member accepts and undertakes that she/he read the The Member-Privacy Notice before completing the membership registration. In case the Member does not accept the processing of her/his personal data based on the terms of the Privacy Notice, she/he shall not register for membership to the Website.
3.11. The Member shall communicate with KURSHUNI via [email protected] and may send his/her questions and requests related to her/his membership and/or her/his purchases from the Website.
3.12. The Member will pay for the products purchased via Website through the payment service provider which is supplier of the KURSHUNI.
3.13. For the purchases made via the Website from Turkey will only be shipped to Turkey. The purchases made from Turkey can not deliver to abroad. Similarly, the purchases made from abroad can not deliver to Turkey. The Member accepts and undertakes that her/his purchases will be delivered in accordance with the delivery conditions; otherwise the purchase may not be approved.
4. TERM AND TERMINATION
4.1. This Agreement shall be enter into force upon the completion of the membership registration by the Member and shall be valid until the cancellation of the membership by the Member or the cancellation of the membership by the KURSHUNI. The unilateral change of this Agreement by KURSHUNI will not interpreted as the termination of this Agreement, and the membership of the Member will continue with the new conditions until the termination of the membership.
4.2. If the KURSHUNI detects improper actions to this Agreement by the Member, the KURSHUNI may unilaterally terminate this Agreement without any notification.
4.3. The Member may unsubscribe in any time via the “Unsubscribe” link in the e-mail sent to her/him.
5.1. Due to the relationship between the Parties within the scope of this Agreement, the Parties accept and undertake the following conditions regarding Confidential Information (Information regarding all kinds of information, programs, products and services transmitted verbally, in writing, electronically or in magnetic media or in any way on commercial, financial, technical or similar matters that the Parties will get during the relationship, Website content and process, service discriptions, infrastructure information, idea, invention, business, method, progress, formulas, models, purposes, standards, programs and source codes, password, special authorization parameters, e-mail addresses, phone numbers of the company, financial information, new business or service ideas, sales strategies, strategic alliances and partners, solutions, customer lists and portfolios, customer information, personal data, softwares, trade secrets, drawings, samples, devices, computer programs, demos, technical informaiton and patent, copyright, trademark, company partnership information, know-how or any novalty that is or is not subject to any other legal protection, written or oral all commercial, financial and technical information) : (i) to protect it in secrecy in accordance with the principles of confidentiality, (ii) not to diclosure, transfer or serve to any third party under no circumstances, (iii) not to use directly or indirectly for the purposes of the commercial relationship between the Parties.
5.2. The information provided by third parties to the Parties without the obligation of confidentiality, public information without the Parties’ fault, the information requested to disclose pursuant to the laws in force, a court decision or administrative order are not defined as “Confidential Information” within the scope of this Agreement.
5.3. In case the Member violate her/his confidentiality obligations described in this Agreement, the Member accepts and undertakes that she/he will immediately indemnify any damage of KURSHUNI and all amounts that KURSHUNI will have to pay to third parties or any institutions.
5.4. KURSHUNI never accesses the credit car/debit card information of the Member in the payments made through the payment service provider.
5.5. These confidentiality terms will be valid indefinitely even if this Agreement expires.
6. PERSONAL DATA PROTECTION
6.1. The KURSHUNI accepts and undertakes that it will protect the personal data of the Member in confidentiality in accordance with the Personal Data Protection Law No.6698 and related regulations and that it will process personal data only to the extent permitted by the legislation.
6.2. KURSHUNI accepts and undertakes that it will transfer personal data in accordance with legislation, it will ensure the security of the transfer at the highest level and it will ensure to take necessary measures by third parties for the protection of personal data transferred to them.
6.3. The Member declares that the personal data transferred to KURSHUNI is correct and up-to-date; otherwise she/he accepts and undertakes that she/he will indemnify any damages or penalties incurred by KURSHUNI.
6.4. These terms related to personal data protection shall be valid indefinitely even if this Agreement expires
7. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Turkey. Istanbul Courts and Execution Offices shall have the jurisdiction over all the disputes arising out of this Agreement.