Membership Agreement
- PARTIES
This Membership Agreement is signed by and between Depot Konaklama Hizmetleri A.Ş. (“Company”), having its office at Harbiye Mah. Kadırgalar Cad. No:6/3 G-Mall Şişli/İstanbul and the Member (“Member”).
- TERM
This Membership Agreement shall enter into force when the membership registration process is completed upon providing information by the Member and confirmation sent to the e-mail address of the Member, and will remain in effect indefinitely unless terminated by any of the Parties.
- PURPOSE AND SCOPE
3.1. The Company offers its Members the opportunity to purchase products through its website thestayline.com.
3.2 The Member wants to become a member of the Website and to purchase the products on the Website.
3.3. The purpose of this Membership Agreement is to purchase the products mentioned in article 3.1 and as specified in the Contract and determine the conditions and the rights and obligations of the parties. With this Membership Agreement, the Member accepts, declares and undertakes that s/he has agreed all statements regarding the products sold by the Company, contents, applications and safety on the Website and that s/he is obliged to comply with all matters stated in the aforementioned statements.
- RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. In order to gain membership status, the user who wants to become a Member must approve this Membership Agreement on the Website and provide up-to-date and correct information as requested.
4.2. The Member agrees, declares and undertakes that all information s/he has provided while approving this Agreement is complete and true and that it is not possible to attribute any responsibility to the Company if any incorrect information is shared by the member. In this regard, the Member agrees, declares and undertakes that that s/he is personally responsible for any damages that may arise and therefore no liability can be attributed to the Company and if it is s/he has any doubts as to his/her e-mail address is used by the 3rd persons, then s/he is obliged to immediately notify the Company any changes in his/her e-mail address. The Company has no obligation to investigate the accuracy of the information and content uploaded, changed or provided by the Member.
4.3. The Member shall be deemed to have confirmed that s/he is over the age of 18 by accepting this Membership Agreement.
4.4. Membership status begins with the completion of the approval process and notification to the Member, and thus the Member shall have the rights and obligations specified in this Membership Agreement and the relevant parts of the Website. The Member is entitled to terminate his/her Membership status at any time via the “Cancel My Membership” option on the Website.
4.5. The member cannot use IP address, e-mail address, user name and other information of others while accessing the Website, and cannot access or use other users’ confidential information without permission. Otherwise, all legal and penal responsibility belongs to him.
4.6. In the event that the Member violates any article of this Agreement, all legal and criminal liability belongs to the Member, and in this case, the Company is entitled to terminate this Agreement immediately and unilaterally, without prejudice to its indemnification rights.
4.7. The Member agrees, declares and undertakes that s/he is responsible for any damages, malfunctions and all consequences that may occur in his/her software and operating systems due to the use of the Website, and that s/he will not demand any indemnification from the Company for any damage s/he may suffer for this reason.
4.8. The Company is entitled to change or terminate the content of the Website and/or any service provided to users at any time, or to add new services to these services.
4.9. The Member shall comply with the provisions of this Membership Agreement as well as all terms specified on the website, in all correspondences and transactions carried out on the website. S/he agrees, declares and undertakes to act in accordance with and all applicable regulations of the Republic of Turkey and code of conduct and assumes all legal and penal responsibility for all transactions made through the website.
4.10. The Member may not use the website in any way that disrupts public order, violates public morals, disturbs others, and violates the rights of others for an unlawful purpose. The member cannot take actions that prevent or make it difficult for other members to use the site, cannot force or lock servers or databases with automatic programs, cannot make fraudulent attempts to mislead data. Any legal, penal and financial responsibility that may arise on the contrary shall belong to the Member.
4.11. The Member is solely responsible for the confidentiality and security of the password and information used to log into the website. The right to use the said information and passwords exclusively belongs to the Member and the member agrees, declares and undertakes that s/he will not share this information and password with third parties, natural or legal persons and/or other organizations. The member agrees, declares and undertakes in advance that s/he may not claim or object to any objection or claim that the transactions performed with his/her user name and password have not been carried out by him/her, that s/he is responsible for these transactions and that s/he cannot abstain from fulfilling his/her obligations in this regard.
- PERSONAL DATA PROTECTION
The Member agrees, declares and undertakes that, by being a party to this Agreement, all the information s/he provides on the website and/or all personal and private data s/he provides to the Company in any way during the membership relationship, the information given/to be given in electronic or other media may be used by the Company, Company’s partners, business partners, successors and/or third parties assigned by them for the purpose of performing obligations under this Membership Agreement, protecting confidentiality of the aforementioned data by complying with the applicable regulations on processing personal data and for the providing various advantages to the Member, making all kinds of electronic communication for making advertisements, sales, marketing, surveys, and similar purposes and storing, recording, updating, modifying, rearranging, classifying and transferring the data with the aim of profiling, statistical studies specific to the member, in the country or abroad, and processing such data in any way in accordance with other laws, and receiving, taking over, and accessing written/digital archives within the country and/or abroad, provided that legal periods are not exceeded, by automatic/non-automatic methods and s/he has been informed through various channels by the Company about his/her legal rights and that s/he has given his/her consent (approval) to the company to share the Member’s information with the relevant authorities upon request pursuant to the applicable regulations.
- INTELLECTUAL PROPERTY RIGHTS
Any intellectual property rights of any brand, design, logo, title, slogan and all other content created by the Company, as well as the design, software, domain name and all rights related thereto are the property of the Company. The Member acknowledges that the software and design of the website “thestayline.com” and all intellectual property rights on the website belong to the Company, that s/he cannot use, share or reproduce in any way the intellectual property rights of the Company without the consent of the Company.
- AMENDMENTS TO THE CONTRACT
The Company, at its sole discretion, may unilaterally amend this Membership Agreement at any time by posting it on the website, provided that it does not contradict the provisions of the applicable regulations. The amended provisions of this Membership Agreement will become valid on the date they are announced on the website, and the remaining provisions will remain in effect and continue to have their terms and consequences.
- FORCE MAJEURE
Natural disasters, war, fire, decisions of the government, and unforeseen situations that may occur beyond the control of the Company, which will partially or completely, temporarily or permanently suspend the performance of the Company’s obligations under the Contract, are considered force majeure. The Company is not responsible for such events and this is not considered as a violation of the Membership Agreement.
- MISCELLANEOUS
9.1. The member agrees, declares and undertakes that Company’s books and all kinds of records (including computer records, documents such as microfilm and microfiche) will constitute valid and exclusive evidence in case of any disputes that may arise (including disputes on payments and this will be considered as an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
9.2. The Company will contact the Member via the e-mail address or telephone number that the Member has provided during registration. The Member agrees, declares and undertakes that the notification will be deemed to have been given to him/her and that s/he is personally responsible for the damages that may occur due to the violation of this obligation if the member does not notify the Company of the change in his/her e-mail address and/or telephone number.
9.3. The Member cannot transfer or assign its obligations, rights and receivables arising from this Agreement to a natural person and legal entity, for any reason and cannot have any natural or legal persons become liable in terms of his/her rights and receivables in this Agreement and therefore in the relevant legal provisions.
9.4. In the event that any article and provision is invalid or unenforceable, the other articles and provisions shall remain valid.
9.5. Any disputes that may arise from the contract are subject to the Laws of the Republic of Turkey and other applicable regulations. Istanbul (Çağlayan) Courts and Enforcement Offices shall be the competent authority in the settlement of all disputes that may arise between the parties due to the interpretation or application of the provisions of this contract.
9.6. Failure of any of the Parties to exercise any of their rights referred to in this Membership Agreement shall not constitute a waiver of the aforementioned right or prevent the further exercise of such right.
This Membership Agreement, consisting of 9 (nine) articles, has entered into force between the Parties upon understanding by the Member and being approved electronically