PRELIMINARY INFORMATION FORM
ARTICLE 1 - PARTIES TO THE AGREEMENT
TITLE : KEIKEI TEKSTIL VE GIYIM SANAYI TICARET ANONIM ŞIRKETI
ADDRESS : Dolapdere Cd. Kucukbayir Sk. 119/A Sisli / Istanbul
Hereinafter, it will be referred as `KEIKEI`.
The real person who becomes a member of the www.keikei.com site in accordance with this agreement and purchases the products and/or services offered for sale on the site is the `Member`. The Parties shall be referred to individually as the `Party` and together as the `Parties`.
ARTICLE 2 – SCOPE AND PURPOSE OF THE AGREEMENT
This Membership Agreement has been concluded to determine the conditions for the Member to benefit from the services offered on the website www.keikei.com and to determine the mutual obligations of the parties. With the acceptance of the Agreement by the Member, the Member declares and undertakes that he/she has accepted all kinds of statements regarding the products, services, content, applications and members on the Site.
ARTICLE 3- DEFINITIONS
ARTICLE 4- RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. MEMBER`S RIGHTS AND OBLIGATIONS
4.1.1. Taraflar arasındaki üyelik ilişkisi üye tarafından üyelik bilgileri ile şifrenin girilmesi ve işbu üyelik sözleşmesinin kabulüne ilişkin kutucuğun işaretlenmesi akabinde satıcı tarafından kayıt işleminin onaylanması ile kurulacaktır. Üye, üyelik işlemlerinin gerçekleştirilmesi sırasında bildirmiş olduğu bilgilerin doğru ve güncel olduğunu, bilgilerin eksik veya yanlış olması nedeniyle doğabilecek tüm zararlardan bizzat sorumlu olduğunu kabul, beyan ve taahhüt eder.
4.1.1. The membership relationship between the parties will be established after the member enters the membership information and password and ticks the box regarding the acceptance of this membership agreement, and then the registration process is approved by the seller. The member accepts, declares and undertakes that the information he/she has given during the membership process is correct and up-to-date, and that he/she is personally responsible for all damages that may arise due to incomplete or incorrect information.
4.1.2. The Member has the right and authority to withdraw his explicit consent for the processing and/or transfer of his personal data, which is processed and/or transferred based on his explicit consent, that he has read and understood the clarification text presented on the website by KEİKEI with the establishment of this membership agreement; 6698 p. He accepts, declares and undertakes that he has been informed about the rights granted to him by Article 11 of the Law and how he can use these rights.
4.1.3. The password needed for the realization of membership transactions will be determined by the Member and the Member will be personally responsible for the use, management, security and confidentiality of all information, including the user name and password that allows the use of his personal profile. The member accepts, declares and undertakes that he will not share his username and password with third parties under any circumstances and will not transfer his user account to third parties.
4.1.4. The member states that the transactions carried out with his/her user name and password are carried out by him/her, the responsibility arising from these transactions belongs to him/her, he/she cannot claim any defense and/or objection that he/she did not carry out the works and transactions performed on his/her own account, and he/she shall declare this def and accepts, declares and undertakes that it cannot avoid fulfilling its obligations based on objections.
4.1.5. The member accepts, declares and undertakes that he will act in accordance with the provisions of this Agreement and the current legislation while benefiting from the services offered to him through the site and in all transactions and correspondence to be carried out on the site, and that he will not use the site in an unlawful and unethical manner, especially in the following cases.
4.1.5. Üye site üzerinden kendisine sunulan hizmetlerden yararlanırken ve site üzerinde gerçekleştireceği tüm işlemler ve yazışmalarda işbu Sözleşme hükümlerine ve yürürlükteki mevzuata uygun olarak hareket edeceğini, aşağıdaki haller başta olmak üzere siteyi hukuka ve ahlaka aykırı bir şekilde kullanmayacağını kabul, beyan ve taahhüt eder.
• Using the Site for the purpose of creating, controlling, updating or changing a database, record or directory on behalf of any person,
• Using the entire or part of the Site for the purpose of disrupting, altering or reverse engineering
• Making transactions using false information or another person`s information, creating unreal Membership accounts by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, and these accounts are not subject to the Membership Agreement or being used in violation of the applicable legislation, unauthorized use of another Member`s account, being a party or participant in transactions by impersonating another person or under a wrong name;
• Using for purposes such as posting comments on the Site outside of the Site,or using for purposes other than those used to manipulate systems on “Comment and scoring section”
• Creating content in the comment section includes the subject of which constitutes a crime, results in or encourages the violation of the rules on the website, applicable legislation or international agreements, is illegal, threatening, contains advertising and / or marketing content, is offensive, contains insults and profanity, humiliating sharing any vulgar, pornographic or immoral, contrary to the generally accepted rules of society, against personal rights, against intellectual and industrial rights, creats unfair competition on the Sitei
• Spreading viruses or any other harmful technology to the Site, the Site`s database, or any content on the Site.
• Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by the Site or damage technical operation, automatic programs, robots, web crawlers, spiders, data mining on the Site without the prior written consent of KEIKEI. Using `screen scraping` software such as (data mining) and data crawling and other methods, including but not limited to, copying, publishing or using all or part of any content on the Site without permission.
4.1.6. The member accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, in order not to contain harmful codes including All kinds of programs, viruses, software, unlicensed products, trojan horses, etc. that may harm the Site.
4.1.7. In case of explicit consent by the member under the “Explicit Consent for Commercial Communication/Commercial Communication Permission”; the Member declares and accepts that he/she allows that product and service promotions, advertisements, campaigns, advantages, surveys and other customer satisfaction practices to be presented to him/her by KEIKEI within the scope of the practices in force and/or to be put into effect.
4.1.8. In case the Member uses the Site in violation of any article in the Agreement, KEIKEI has the right to prevent the Member from using the Site partially and/or completely in whole and/or a part of it.
4.2. RIGHTS AND OBLIGATIONS OF THE KEIKEI
4.2.1 KEIKEI has the right to reject membership applications or to impose additional terms and conditions for membership applications, with its own will and decision, without giving any reason.
4.2.3. KEIKEI and the members of the Company`s board of directors, managers, employees and the persons who prepared the information on this site are not responsible for any direct or indirect material and/or moral, negative and/or positive damages that may arise due to entering the Site, using the Site or the information, data and programs on the Site, breach of contract, tortious act acts or other reasons. As a result of breach of contract, tort, negligence or other reasons; KEİKEİ does not accept any responsibility for interruption of the transaction, error, negligence, interruption.
4.2.4. KEIKEI reserves the right to remove messages, comments and contents from access that against the membership agreement, law and general moral rules, threatening, false, misleading, provocative, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminatory, illegal or criminal, encourages any behavior that violates the rights of any party or that may otherwise give rise to legal liability or that may violate any law or that is unacceptable to the KEIKEI at any time.
4.2.5. KEIKEI, has the right to collect some information such as such as the name and Internet Protocol (IP) address of the internet service provider used by the users, the date and time the site was accessed, the pages accessed while on the site, and the internet address of the website that provides direct connection to the site in order to detect and solve problems that may occur in the system related to the Site, to access the site for the improvement and development of the website and the system.
ARTICLE 5- PRIVACY
ARTICLE 6- INTELLECTUAL PROPERTY RIGHTS
Intellectual property rights of all audio, visual, written materials and content on the Site, including but not limited to the domain name, trademark, logo, design, graphic, visual and pictures, belongs to KEIKEI,memebers may not directly and/or indirectly copy, reproduce, publish, distribute, transmit, modify, and/or otherwise use the content of the Site, in kind or otherwise, without KEIKEI ‘s written consent. Otherwise, the Member shall be entitled to all kinds of damages, including but not limited to KEIKEI`s indemnities, court costs and attorney`s fees, due to any damages incurred/to be incurred by KEIKEI and any damages incurred by third parties, including but not limited to the licensor will be responsible for paying any damages to KEIKEI immediately.
ARTICLE 7- FORCE MAJEURE
If events beyond the control of KEIKEI including natural disaster, epidemic, strike, government, law and law changes, uprising, embargo, riot, occupation, war, mobilization, lockout, employement actions or boycotts, cyber attack, communication problems, infrastructure and internet failures, system improvement or renovation works and malfunctions that may occur for this reason, power cut, fire, explosion, storm, flood, earthquake, migration, or any other natural disaster, any administrative and/or judicial decision or similar actions that will prevent access to the Site prevent or delay the fulfillment of KEIKEI`s obligations arising from this membership agreement, KEIKEI will not be held responsible for the fulfillment of the obligations and this situation will not be considered as a breach of the contract.
ARTICLE 8- INTERPRETATION OF THE AGREEMENT
The determination of any article, sub-article or provision of this Agreement other than its essential elements to be invalid or legally unenforceable will not affect the applicability or validity of the other articles, sub-articlex or provisions of this Agreement. In such a case, any article, sub-article or provisions of this Agreement that are found to be invalid or legally unenforceable in all respects will be interpreted and executed as if they were removed from the text of the Agreement.
ARTICLE 9- CANCELLATION OF MEMBERSHIP AND TERMINATION OF THE AGREEMENT
Either party may terminate this agreement unilaterally at any time.
KEIKEI reserves the right to partially or completely freeze or cancel, unilaterally terminate this contract and cancel the Member`s membership without the need for any notification and without any justification in the event that the Member acts in breach of any or all of its obligations arising from this contract.
ARTICLE 10- MISCELLANEOUS PROVISIONS
Evidence Agreement: The Member, without prejudice to the MEMBER`s right to present other evidence in disputes that may arise from this Membership Agreement; Official books and commercial records of KEIKEI and e-archive records kept in KEIKEI`s database and servers, electronic information, electronic correspondence and computer records shall constitute binding and conclusive evidence and accepts this article shall be in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
Integrity and Severability of the Membership Agreement: This Membership Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Membership Agreement is determined by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, To the extent such invalidity, unenforceability or unreasonability, this Membership Agreement shall be deemed severable and the other provisions shall remain in full force and effect.
Assignment of the Membership Agreement: The Member shall not assign its rights or obligations under this Membership Agreement, in whole or in part, without the prior written consent of the KEIKEI.
Amendment and Waiver: Failure of one of the Parties to enforce or exercise any right granted to him in the Membership Agreement shall not mean that he waives such right or will not prevent the further exercise or enforcement of such right.
ARTICLE 11- COMPETENT COURT AND APPLICABLE LAW, RESOLUTION OF DISPUTES
Turkish Law will be applied to the disputes arising from this Membership agreement and Istanbul (Çağlayan) Courts and Enforcement Offices will be authorized to resolve any disputes that may arise from the application of this agreement and its annexes.
ARTICLE 12- NOTIFICATION
The address specified by KEIKEI in this contract and the e-mail address notified by the Member to KEIKEI will be accepted as the address of the parties suitable for notification for any notification to be made regarding the contract, and the notification made to the specified addresses will result in a valid notification duly made.
ARTICLE 13- EFFECTIVENESS
This Agreement, which consists of 13 (thirteen) articles, has entered into force as of the moment of its approval, by being approved by the Member in electronic environment by reading and fully understanding each of its provisions.