Membership Agreement

MEMBERSHIP AGREEMENT

ARTICLE 1 - PARTIES

This User and Membership Agreement (“Agreement”) is between THE CHAMP GLOBAL TEXTILE TURİZM VE AUTOMOTIVE INDUSTRY AND TRADE LIMITED COMPANY, located at MEHMET NESİH ÖZMEN MAH. KASIM SK. ME-PA NO: 29 İÇ KAPI NO: 1 GÜNGÖREN/ İSTANBUL ("Company") has been concluded electronically between the persons who purchase the Company's products/services through the https://thechamp.com.tr/ website ("Platform") and create a membership record on the Website ("Member"). The Company and the Member will hereinafter be referred to together as the "Parties".

 

ARTICLE 2-  SUBJECT AND SCOPE

The subject of this Agreement is to determine the conditions for benefiting from and using the services to be received by the Member through the Platform owned by the Company and the products (“Product”) sold on the Platform.

ARTICLE 3-  MEMBERSHIP

3.1. Membership is acquired by completing the membership procedures on the Platform and accepting this Agreement online.

3.2. Members must be of legal age. The Company assumes that members who approve this Agreement are of legal age or, if they are not of legal age, the Agreement is approved by their legal representatives. If the Company determines that the Member is not of legal age or that the legal representative does not approve the membership, it has the right to suspend the membership and terminate this Agreement.

3.3. Information and personal data provided by the Member through the Platform may be shared with the relevant authorities in accordance with the orders and decisions given by the competent authorities or judicial authorities. Unless there is any confidentiality order regarding this request, Members will be informed about the disclosure in question.

3.4. Members are obliged to provide accurate, true and up-to-date information regarding membership transactions. The scope of this information is determined by the Company and may be changed or expanded if necessary.

3.5. Members are obliged to act in accordance with the applicable law when creating a membership registration. Any information, data or comments provided by Members through the Platform do not violate the rights of third parties and do not contain profanity, insult or criminal elements.

3.6. Members may withdraw from membership at any time. In this case, the Member shall notify the Company of his/her withdrawal request via the Platform and ensure that the necessary procedures are carried out to delete the membership. Deletion of the Member's membership record is subject to the completion of the withdrawal procedures. Until the Member's withdrawal procedure is completed, the Member's debts and obligations arising from this Agreement shall continue.

ARTICLE 4 - RIGHTS AND LIABILITIES

4.1. The Member declares and undertakes that the personal and other information provided while becoming a member of the Platform is true and correct, and that he/she will immediately compensate the Company for all damages that may be incurred due to the untruthfulness of this information and/or due to the Member not updating it despite changes in the Member information. In addition, all responsibility belongs to the Member due to the incorrect payment transactions and delivery being made due to incorrect information provided by the Member.

4.2. The Member has the exclusive right to use the password received as part of the membership to use the Platform. The Member cannot give this password to any third party.

4.3. The Member accepts, declares and undertakes to comply with all legal legislation provisions and not to violate the said provisions while using the Platform. Otherwise, all legal and criminal liability that may arise will belong entirely and exclusively to the Member.

4.4. Although the Company takes the necessary information security measures, it will not be held responsible for the unauthorized access of Member information and data and any damage that may occur to Member information and data.

4.5. The Company is not responsible for any direct or indirect damage that may be incurred due to the use of the Platform by the Member.

4.6. The Platform may provide links to other websites or applications that are not under the control of the Company, not established, operated or edited by the Company, and may contain references to these websites or applications. The Company is not responsible for the content of these other applications or websites or other links and/or references they contain or the products/services they offer. These links do not have the purpose of supporting the owner of the linked website or the person operating the site in question or any declaration or commitment regarding any information, expression or visual in their content. Similarly, the Company is not responsible for the products, services and other content promoted or promised by the advertisements, promotions or banners on the Platform or provided with links through the Platform.

4.7. The Member accepts, declares and undertakes that the Privacy Policy accessed through the Platform is a part of this Agreement and that he/she has read and approved the provisions herein.

4.8. If the Member violates the provisions of this Agreement, the criminal and legal liability arising from the violations shall belong to the Member personally. The Member shall hold the Company harmless from all damages, lawsuits, demands and claims that may arise due to the violations. In addition; the Company reserves the right to demand compensation from the Member due to the violations in question.

4.9. The Company has the right to unilaterally suspend or terminate the Member's membership and delete all information, data, documents and files belonging to the Member at any time without assuming any liability and without having to pay compensation.

4.10. The copyright and/or all kinds of intellectual property rights related to the general appearance, design and software of the platform, the text and visual content within the site, and all other content, brands, logos, know-how and other elements belong to the Company or are used by the Company under license.

4.11. In order to ensure the security of member access, the Member must provide his/her own virus protection system and provide the necessary protection. In this context, by becoming a member of the Platform, the Member accepts that he/she is responsible for all errors that may occur in his/her own software and operating systems (including, but not limited to, spam, viruses, trojans) and their direct or indirect consequences.

4.12. The terms of this Agreement may be updated by the Company. Such updates will enter into force when published on the Platform.

4.13. The Company may send information and announcements to the Member about service promotions, advertisements, campaigns, advantages, surveys and other customer satisfaction applications within the scope of the practices in force and/or to be put into force and in any case in accordance with the applicable law. Personal information and/or consumer behavior information provided by the Member while becoming a member of the Platform and/or through other means in the past and/or to be provided in the future may be collected for the above purposes, used and archived by the Company. Unless the Member notifies otherwise, the Member accepts and declares that he/she allows the collection, use and archive of data by the Company for the purposes set forth in this Agreement to the extent permitted by the relevant legislation when his/her membership ends. The Member accepts and declares that he/she will not make any claim for any damages due to the collection, sharing, use, archiving and access to the above-mentioned information and will not hold the Company responsible. If the Member wishes to change his/her data sharing preferences, he/she shall submit this request to the Company in writing.

4.14. The non-liability provisions written for the Company also cover the Company's employees and partners.

4.15. The Company does not make any commitment regarding the Platform, such as suitability for purpose, commercial availability, uninterrupted access, etc. The Member uses the Platform as and when it is presented to him/her.

ARTICLE 5 - PERSONAL DATA

5.1. In the event that any personal data belonging to an identified or identifiable natural person (“Personal Data/s”) is transferred to any Party within the scope of this Agreement or access is provided to Personal Data by any Party or Personal Data is processed in any way (“Data Processor”), the Data Processor agrees to (a) process the Personal Data in question in accordance with the Law on the Protection of Personal Data No. 6698 and the relevant legislation (“PDP Legislation”) and this Agreement and limited to the purpose of the Agreement, prevent unlawful processing and unlawful access to Personal Data, (b) take all necessary technical and administrative measures to ensure the appropriate level of security according to the nature of the Personal Data in order to ensure the preservation of Personal Data, (c) upon the termination of this Agreement, deliver all kinds of media and environments in which the Personal Data is recorded to the data transferring party upon request against signature and subsequently delete and destroy the records in its possession, and destroy the media and environments for which delivery is physically impossible and prepare a report documenting this. (d) It will inform its personnel and the personnel of its subcontractor, if any, in writing; It accepts, declares and undertakes that it will be jointly and severally liable for any damages that may occur if its personnel and employees act contrary to this provision.

5.2. In the event that any Party (“Data Controller”) transfers any Personal Data to the other Party within the scope of this Agreement, the Data Controller irrevocably accepts, declares and undertakes that it has obtained the Personal Data transferred in accordance with the law, especially the Legislation, the rule of honesty and the principles of good faith, that it has fulfilled its obligations arising from the PDP Legislation towards the relevant persons whose Personal Data is processed, that the processing of the said Personal Data by the Data Processor for the purpose of performing the Agreement is permitted, and that it will act in accordance with the provisions of the PDP Legislation during the performance of the Agreement.

5.3. The Member accepts that the Personal Data belonging to him/herself or other third parties, which he/she has transferred to the Company via the Platform, may be stored and processed on the platforms belonging to the Company, the Company's affiliates and group companies for the purpose of developing value-added services, keeping track of the User and third parties and developing services and products in accordance with the demands and needs.

ARTICLE 6-  TERMINATION OF THE CONTRACT

6.1. Either of the Member and the Company may terminate this Agreement at any time by notifying the other party.

6.2. However; the Member's termination is carried out by following the termination procedures on the Platform. Termination will not have any effect on the rights and obligations arising from the Agreement until the termination date and on the provisions that must remain in force due to their nature even if the Agreement is terminated (compensation due to non-compliance, final provisions, etc.).

ARTICLE 7-  MEMBERSHIP CONDITIONS

7.1. By creating a membership record and logging into the Platform, the Member acknowledges that he/she has read and understood the Agreement and is aware of his/her rights and obligations.

7.2. The Member agrees that he/she has reached a full conclusion that the transactions within the scope of the contract are in his/her best interest and accepts all the terms and conditions of his/her own free will, thoughtfully, willingly and knowingly.

7.3. The provisions of this Agreement do not contain any unfair terms in accordance with the provisions of the regulation on unfair terms in consumer contracts. The provisions do not constitute a violation of the principle of honesty and good faith and have been prepared in accordance with the consumer protection legislation.

7.4. This Agreement has been prepared by taking into consideration the Turkish Code of Obligations and the legislation applicable to consumers, and its provisions for the Member have been prepared by taking into consideration the provisions of the Turkish Code of Obligations.

ARTICLE 8 - OTHER PROVISIONS

8.1. Applicable Law: This Agreement is subject to the laws of the Republic of Türkiye and will be interpreted accordingly.

8.2. Competent Court: Istanbul Courts and Enforcement Offices are authorized to resolve all disputes arising from or in connection with this Agreement.

8.3. Evidence: The Parties agree that in any disputes that may arise within the scope of this Agreement, the documents and electronic records belonging to the Company will be exclusive evidence in respect of the dispute in question.

8.4. Company Contact Information: The Company's contact information is as follows:

Title: THE CHAMP GLOBAL TEXTILE TOURISM AND AUTOMOTIVE INDUSTRY AND TRADE LIMITED COMPANY Address: MEHMET NESİH ÖZMEN MAH. KASIM SK. ME-PA NO: 29 INSIDE DOOR NO: 1 GÜNGÖREN/ İSTANBUL

Phone: 05308224267

 

Email: info@thechamp.com.tr