Membership Contract

  1. Parties
    1. Kaleseramik, Çanakkale Kalebodur Seramik San. A.Ş. having its registered office at Büyükdere Cad. Kaleseramik Binası 34330 Levent – İstanbul and being owner of the website www.kale.com.tr (hereinafter called “Kaleseramik).
    2. Kaleseramik, Çanakkale Kalebodur Seramik San. A.Ş. having its registered office at Büyükdere Cad. Kaleseramik Binası 34330 Levent – İstanbul and being owner of the website www.kale.com.tr (hereinafter called “Kaleseramik).
  2. Subject Matter of the Contract
    1. The subject matter of this Contract is the conditions of use by the member of the website www.kale.com.tr. owned by Kaleseramik.
  3. Rights and Obligations of the Parties
    1. The member represents and commits itself that the personal and other information it gives when it becomes a member of the website www.kale.com.tr are legally correct and that it will indemnify Kaleseramik fully and immediately against any damages that the latter may suffer due to incorrect information.
    2. The member may not transfer to any other person or entity the password given by Kaleseramik to it and the right to use such password belongs to the user exclusively. Kaleseramik reserves its right of any indemnification and claim that against any claims and allegations to be brought by any third parties or authorities against Kaleseramik and any responsibility because of unauthorized such unauthorized use.
    3. The member accepts and commits itself to observe and not to violate the legal regulations when using the website www.kale.com.tr. Otherwise, any resulting legal and penal liabilities will bind the member fully and exclusively.
    4. The member will never use the website www.kale.com.tr in a way that offends the public order, contrary to the public decency, disturbing and harassing others, violating intellectual property rights and copyrights of other people and for any other illegal purposes. Furthermore, the member will not be involved with any activities and malicious acts (spam, virus, Trojan, etc.) that prevent or make it hard for the other people to use the services.
    5. Any ideas and thoughts declared, written and used by the members in the website www.kale.com.tr are completely personal opinions of the members and, therefore, bind them only. Such opinions and ideas have nothing to do with Kaleseramik. Kaleseramik has not any responsibility for any loss that any third party may suffer due to such opinions and ideas of the member and for any loss that the member may suffer due to any ideas and opinions that any third parties may declare.
    6. The member commits itself that it will not claim any indemnification against Kaleseramik for any loss that it may incur due to its use of the website www.kale.com.tr.
    7. The member accepts not to have access to or use the software and data of the other internet users without prior consent. Otherwise, any legal and penal responsibilities resulting from such act will belong to the member completely.
    8. The member who violates one or several of the articles in this membership contract will be personally responsible for such violation in terms of law and penalty and will keep Kaleseramik harmless against any legal and penal conclusions of such violations. Furthermore, if a legal action is taken in case of such violation, Kaleseramik reserves its right to claim indemnification against the member due to violation of the contract by the latter.
    9. Kaleseramik is always entitled to unilaterally delete membership status of the member and delete any file, document and data of the customer. The member accepts this entitlement herein. In such case, Kaleseramik will have no responsibility.
    10. Software and design of the website www.kale.com.tr are property of Kaleseramik and copyright and/or other intellectual property rights thereof are protected by the applicable laws and the member may not use, acquire and modify them without authorization. Other companies and products mentioned in this website are trademarks of their owners and they are protected in the scope of intellectual property rights as well.
    11. For improvement and development of the website www.kale.com.tr and/or as per the applicable legislation, Kaleseramik may collect data such as name and Internet Protocol (IP) of the internet service provider used for access to the website, date and time of access to the website, pages accessed when navigating in the website and internet address of the website which ensures direct access to the website.
    12. Kaleseramik may use personal data of the members with respect to special preferences and interests of the users in order to provide better service, improve its products and services and facilitate use of the website. Kaleseramik reserves its right to keep record of the actions of the member in the website www.kale.com.tr.
    13. A member of the website owned by Kaleseramik represents and accepts provision of product and service promotions, advertisements campaigns, advantages, surveys and other customer satisfaction applications by Kaleseramik and all member companies of Kale Holding in accordance with the applications already in effect and/or to be in effect in future. The member represents and accepts that it gives authorization for collection and share with all associated companies of Kale Holding any personal and shopping data that it has given when becoming a member of Kaleseramik and/or by other ways it gave in the past and will give in future and any information about shopping and/or consumer behaviours for purposes mentioned above. Unless otherwise stated by the member, it also represents and accepts that such data will be collected and shared with all associated companies of Kale Holding and used and archived by Kaleseramik and all associated companies of Kale Holding even after its membership expires. Unless otherwise stated by the member, the member represents and accepts that Kaleseramik and all associated companies of Kale Holding may contact with it by internet, phone, SMS and similar means of communication. The member represents and accepts that it will not make any claim for any loss, direct and/or indirect, corporeal and/or incorporeal, positive and/or negative, due to collection, share, use and archiving of the aforementioned data and access to the member and will not hold Kaleseramik and any associated companies of Kale Holding for this reason. The Member may have access to any detailed information about its personal data in the link http://www.kale.com.tr.
    14. All possible measures have been taken to make the website of Kaleseramic free of viruses and similar malicious software. However, the user should have its own antivirus software and provide necessary protection as well for final security. In this respect, with its access to the website of Kaleseramik, the member is considered to have accepted that it will be responsible for all faults and their direct or indirect consequences that may occur in its own software and operating systems
    15. Kaleseramik reserves its right to change contents of the website at any time, change or discontinue any service provided to the member or delete any user information and data registered with the website of Kaleseramik.
    16. Kaleseramik may change, update or cancel any provisions of the membership contract at any time and in any manner without any previous notice and/or warning. Each provision thus changed, updated or cancelled will take effect for all members on the date it is announced.
    17. The parties accept and represents that all computer records of Kaleseramik will be deemed as sole and real evidence exclusively as per the Article 193 of Code of Civil Procedure and will constitute an evidence contract.
    18. Kaleseramik is authorized to send information mails to the electronic mail addresses of the members registered with it and SMS messages for information to the cell phones as per this membership contract and the member will, by signing this contract, be deemed accepted that such notification mails may be sent to its electronic mail address and SMS messages to its cell phones. If the member withdraws from receipt of mails and/or SMS messages, it may cancel receipt of mails and/or SMS messages from the section “My Account”. After such cancellation is made, no prior consent will be required for sending messages concerning current subscription, membership or partnership, collection, debt reminder, data update, purchase and delivery and similar matters as well as any liability of notification legally imposed on the service provider. However, no promotion or advertisement of any product or service may be made in such type of notification.
  4. Termination of the Contract
    1. This contract will remain in effect until membership is cancelled by the member or its membership is cancelled by Kaleseramik. If the member violates any provision of the membership contract, Kaleseramik may terminate the contract unilaterally by cancelling membership of the member.
  5. Settlement of Disputes
    1. For any disputes in connection with this contract, Istanbul Courts and Execution Offices will be authorized.
  6. Effective
    1. Registration of the member for membership is deemed it has read all articles in the membership contract and accepted all articles in the membership contract. This Contract is executed upon membership of the member and enters into effect mutually.
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