Membership Agreement

KAKTÜS MODA ELECTRONIC TRADE LTD. STI.

WEBSITE MEMBERSHIP AND USE AGREEMENT

PARTIES TO THE AGREEMENT

PROVIDER

The institution that offers the website to the user under the terms of this contract is KAKTÜS MODA ELEKTRONİK TİCARET LTD. ŞTİ. 

Address

Phone. No.

Fax Number

Email

Tax Administration

V.D. Registration Number

USER

The institution or person who will use the website under the terms of this contract

Address

Phone. No.

Fax Number

Email

Tax Administration

V.D. Registration Number

T.R. Identification number

THE SUBJECT OF THE CONTRACT

The subject of the contract is the determination of the terms of use by the user, who is a party to the contract, of the website named 'kaktusmoda.com', which is the intellectual and industrial property of the provider.

This contract imposes the rights and obligations of the parties on the site that is the subject of the contract, and when the parties accept this contract, they declare that they will fulfill the aforementioned rights and obligations completely, accurately, on time, and within the terms requested in this contract.

RESPONSIBILITIES

a. The Provider reserves the right to make changes on the prices and the products and services offered at any time.

b. The Provider accepts and undertakes that the member will benefit from the contracted services, excluding technical failures.

c. The user agrees in advance that he will not reverse engineer the use of the site or take any other action for the purpose of finding or obtaining the source code of them, otherwise he will be liable for the damages that may arise before the third parties and that legal and penal action will be taken against him.

d. The user, in his activities on the site, in any part of the site or in his communications, is against general morality and good manners, is against the law, injures the rights of third parties, is misleading, offensive, obscene, pornographic, injures personal rights, violates copyrights, encourages illegal activities. agrees not to produce or share content. Otherwise, he is fully responsible for the damage and in this case, the 'Site' officials may suspend or terminate such accounts, and reserve the right to initiate legal proceedings. For this reason, it reserves the right to share information requests from judicial authorities regarding activity or user accounts.

e. The relations of the members of the site with each other or with third parties are under their own responsibility.

Intellectual Property Rights

a. All proprietary or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information and method on this Site belong to the site operator and owner company or the person concerned, and are under the protection of national and international law. Visiting this Site or utilizing the services on this Site does not grant any right to such intellectual property rights.

b. The information on the site cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the Site cannot be used on another website without permission.

Secret information

 a. The company will not disclose personal information transmitted by users through the site to third parties. This personal information; It contains all kinds of other information to identify the User, such as name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as "Confidential Information" for short.

 b. The user can only use promotions, advertisements, campaigns, promotions, announcements, etc. It accepts and declares that it consents to the company that owns the Site to share its communication, portfolio status and demographic information with its affiliates or group companies to which it is affiliated, limited to its use within the scope of marketing activities. This personal information can be used to determine the customer profile within the company, to offer promotions and campaigns suitable for the customer profile, and to carry out statistical studies.

 c. Confidential Information can only be disclosed to official authorities if this information is duly requested by official authorities and when disclosure to official authorities is obligatory in accordance with the provisions of the applicable mandatory legislation.

No Warranty

THIS AGREEMENT ARTICLE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES PROVIDED BY THE PROVIDER ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND THERE MAY NOT BE ANY IMPLIED WARRANTIES. MAKES NO WARRANTY OF ANY KIND, STATUTORY OR OTHERWISE.

Registration and Security

The user must provide accurate, complete and up-to-date registration information. Otherwise, this Agreement will be deemed to have been violated and the account may be closed without informing the User.

The user is responsible for the password and account security on the site and third-party sites. Otherwise, the Company cannot be held responsible for data loss and security breaches or damage to hardware and devices.

Force Majeure

not under the control of the parties; natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power cuts, epidemics, etc. The parties are not responsible for this, if the obligations arising from the contract become unfulfilled by the parties due to this reason.) During this period, the rights and obligations of the Parties arising from this Agreement are suspended.

Integrity of the Agreement and Applicability

 If one of the terms of this contract becomes partially or completely invalid, the rest of the contract will continue to be valid.

Changes to the Contract

 The company can change the services offered on the site and the terms of this contract, partially or completely, at any time. Changes will be effective from the date of publication on the site. It is the User's responsibility to follow the changes. The user is deemed to have accepted these changes by continuing to benefit from the services offered.

Notification

All notifications to be sent to the parties related to this Agreement will be made via the known e-mail address of the Company and the e-mail address specified by the user in the membership form. The user accepts that the address he/she has specified while becoming a member is a valid notification address, that he/she will notify the other party in writing within 5 days in case of change, otherwise the notifications to this address will be deemed valid.

Evidence Convention

In all kinds of disputes that may arise between the parties for the transactions related to this contract, the books, records and documents of the Parties, computer records and fax records will be accepted as evidence in accordance with the Law of Civil Procedure No. 6100, and the user agrees that he will not object to these records.

Dispute Resolution

Istanbul (Central) Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement.