MEMBERSHIP AGREEMENT

ARTICLE 1 - PARTIES

This Membership Agreement (hereinafter referred to as the "Agreement"), on the one hand, "HASANPAŞA MAH. İKBALİYE SK. EXAMPLE: MIN GİYİM VE TEKSTİL VE TİCARET ANONİM ŞİRKETİ (hereinafter referred to as "MIN SWIMWEAR"), located at the address "APT NO: 4 İÇ KAPI NO: 4 KADIKÖY/ İSTANBUL", and on the other hand, various products, services and contents are offered within the framework determined by MIN SWIMWEAR. Those who complete the MIN SWIMWEAR membership form in order to become a member in digital environments that can be accessed online, including the www.minswimwear.com website and mobile application (hereinafter referred to as "SITE"), and personally accept this Agreement electronically. and the natural or legal person member user (hereinafter referred to as "MEMBER"), whose membership has been approved by MIN SWIMWEAR, under the following conditions.

ARTICLE 2 - SUBJECT

The Agreement has been created to determine the conditions for the use of the SITE and the products and/or services, applications and content offered through the SITE, and the rights and obligations of the MEMBER and MIN SWIMWEAR in this context.

ARTICLE 3 - DEFINITIONS

In this Agreement, the following words and expressions shall have the meanings corresponding to them:

 

USER: The person who visits the MIN SWIMWEAR SITE, with or without shopping.

 

Link: It is a link that enables access to another website, files, content via the SITE or to the SITE, files and content from another website.

 

Content: All kinds of information, files, images, programs, figures, prices, etc. published or accessible on the SITE and/or any website. They are visual, literary and auditory images.

 

Personal Data: All kinds of data related to an identified or identifiable natural person, including the member's identity, address, e-mail address, telephone number, IP address, which parts of the SITE he visited, domain type, browser type, visit date, time, and so on. .

 

 

ARTICLE 4 - MEMBERSHIP CONDITIONS

4.1. In order to gain the "Membership" status, the User who wants to become a MEMBER must place an order (by choosing the option to order as a MEMBER) or fill in the information requested in the membership application form on the SITE correctly and completely without placing an order, and complete this Agreement in a digital environment. After it is read and approved, it must be forwarded to MIN SWIMWEAR for evaluation. If the application is evaluated by MIN SWIMWEAR and deemed appropriate, the membership will be approved. Once the approval notification sent by MIN SWIMWEAR reaches the MEMBER, this Agreement will be established, the "Membership" status will begin and the MEMBER will have the rights and obligations specified in the relevant parts of the SITE, especially this Agreement, "Terms of Use" and "Privacy and Security". .

 

4.2. If the User who wants to become a MEMBER is a real person, he/she must be over 18 years of age. Individuals over the age of 18 can become members by completely filling out the relevant membership form on the SITE with their real identity information. Legal entities wishing to become MEMBER can become MEMBER and take action on behalf of their institution by filling out the relevant membership form on the SITE by an authorized person who is over 18 years of age and authorized to represent and bind the legal entity. For minors or legal entity Users, membership will be canceled immediately if applications made through persons who are not authorized to represent and bind the legal entity or applications made by persons who have been temporarily or permanently removed from membership by MIN SWIMWEAR are detected.

 

4.3. "Membership" rights and obligations arise only on the person who applies for "Membership", and the MEMBER cannot transfer these rights and obligations, partially or completely, to any third party. "MEMBER name" is specific to the MEMBER and the same "MEMBER name" is not given to two different MEMBER.

 

4.4.Acceptance of membership applications is at MIN SWIMWEAR's sole discretion. MIN SWIMWEAR has the right to reject applications without giving any reason. In addition, MIN SWIMWEAR reserves the right to suspend or terminate the membership of a MEMBER who has been approved for membership if he or she subsequently loses or does not meet MIN SWIMWEAR's eligibility requirements. In this case, the MEMBER does not have the right to make any objection or request regarding this issue.

 

4.5.MIN SWIMWEAR reserves the right to request additional information from the MEMBER for the use of the SITE, benefiting from the product and/or service, fulfillment of legal obligations or other reasons during the membership period.

 

4.6. MEMBER is obliged to keep current e-mail addresses and other account information up to date. Otherwise, MIN SWIMWEAR will not be held responsible for any matters not communicated to the MEMBER.

4.7. MEMBER may use false identification information during or after the membership application or order, provide incorrect information, detect inaccuracies or omissions in his/her information or fail to update it in case of a change, or MIN SWIMWEAR's failure to provide the information needed to fulfill the Agreement. is personally responsible for all damages.

 

4.8.MIN SWIMWEAR reserves the right to immediately cancel the MEMBER's membership and all transactions, including orders, and block access to the SITE in case the situation set out in Article 4.7. is detected, and to recourse the damage to the MEMBER as a result of this violation.

 

 

ARTICLE 5 - RIGHTS AND OBLIGATIONS

5.1. By applying for membership, the MEMBER declares that he/she has read, understood and accepted the explanations on the SITE, especially the "Terms of Use" and "Privacy and Security" in this Agreement and the texts referred to in the Agreement.

 

5.2. MEMBER accepts, declares and undertakes to act in accordance with all applicable legislation during the membership application and membership period, to comply with the provisions and rules contained in this Agreement and the texts referred to in the Agreement, and to fulfill the responsibilities and obligations. Any legal, criminal and financial liability that may arise due to behavior contrary to these notifications and the law belongs to the MEMBER.

 

5.3. MEMBER cannot give the password given to him by MIN SWIMWEAR to other persons or organizations, and the MEMBER has the right to use the password in question. MIN SWIMWEAR reserves the right to claim all kinds of compensation and other claims arising from such unauthorized use, against all liabilities that may arise as a result of the violation of this article and against all claims and demands that may be made against MIN SWIMWEAR by third parties or competent authorities.

 

5.4.The MEMBER is personally responsible for all transactions he/she carries out in the name of MEMBER, and in case of termination or cancellation of the membership, he/she will continue to be personally responsible for all the actions taken during his/her membership.

 

5.5. MEMBER accepts and undertakes to comply with the legal regulations and not to violate them and not to record or misuse Personal Data belonging to others when using the SITE. Otherwise, the MEMBER will be fully and exclusively responsible for all legal and criminal liabilities that may arise.

 

5.6. MEMBER cannot use the SITE in any way that disrupts public order, violates general morality, disturbs or harasses others, violates the law or violates the intellectual and copyright rights of others for any purpose.

 

5.7. MEMBER accepts, declares and undertakes not to keep or share any software or material that may harm the SITE, and in case of any compensation claim, penal sanction or damage arising from these reasons, he/she will be solely responsible for all damages, legal and criminal responsibilities.

 

5.8.The ideas and opinions expressed, written and used by the MEMBER on the SITE are entirely the MEMBER's own personal opinion and are binding on the owner of the opinion. These views and opinions have no relation or connection with MIN SWIMWEAR. MIN SWIMWEAR has no liability for any damages that third parties may suffer due to the ideas and opinions declared by the MEMBER, or for any damages that the MEMBER may suffer due to the ideas and opinions declared by third parties.

 

5.9. MEMBER is solely responsible for any damage or compensation claims due to inappropriate behavior on the SITE. In this context, MIN SWIMWEAR has no influence or liability in any legal process to be applied by people claiming rights and is not a party under any circumstances.

 

5.10. MEMBER must ensure that he/she has sufficient electronic equipment to use the media provided by MIN SWIMWEAR. MIN SWIMWEAR is not responsible for problems caused by hardware failure.

 

5.11.MIN SWIMWEAR has no responsibility for the Content contained in the linked Links.

 

5.12. Within the scope of all kinds of campaigns and sweepstakes to be carried out on the SITE, MEMBERS who apply to the relevant sweepstakes/campaign in accordance with the participation conditions and are entitled to participate in these campaigns and sweepstakes, accept, declare and accept that they have read and approved the relevant terms of use in advance and that they will not make any requests in this context. commits. The provisions of the legislation regarding the protection of Personal Data, especially the Personal Data Protection Law No. 6698, are reserved.

 

5.13. MEMBER is aware that if he/she uses the comment/evaluation opportunities provided to MEMBERS in certain areas of the SITE, all or part of the information, messages and similar shares that he/she will publish on the relevant pages, keep and/or upload/upload to the system will become public and in this context. In case this information is copied and/or published by third parties, we accept, declare and accept that third parties have no right and will not make any claims against MIN SWIMWEAR in terms of processing the information made public by the MEMBER, without prejudice to their rights against such third parties. commits.

 

ARTICLE 6 - INTELLECTUAL AND INDUSTRIAL PROPERTY

 

6.1.MIN SWIMWEAR, the SITE and all materials included in the SITE, including all brands, domain names, logos, codes, software and programs, page layout and presentation of the SITE, sales system, model and other industrial and business methods and models. is the owner or licensee of intellectual and industrial property rights regarding materials related to intellectual property rights and is under legal protection. MEMBER cannot partially or completely copy, save, modify, disseminate, sell, display, reproduce, rent or transfer to another computer the above-mentioned, in short, all and/or part of the content of the SITE and/or intellectual and industrial products belonging to MIN SWIMWEAR or third parties. cannot upload it or display it on another site, market it, process it, distribute it, make it accessible or available to third parties online or otherwise, and/or transmit it to third parties. Except as stated above, it cannot be used for commercial or personal purposes without the written permission of MIN SWIMWEAR, unless stated in this Agreement or the relevant terms of use.

 

6.2. If the MEMBER violates the intellectual and industrial property rights of MIN SWIMWEAR or third parties by violating the commitments contained in this article, this Agreement may be terminated unilaterally by MIN SWIMWEAR immediately, and all legal and criminal liability for the violation will belong to the MEMBER. , in case MIN SWIMWEAR or the relevant rights holders are subjected to any legal, administrative or criminal sanctions, it will be the only addressee and will be able to pay all kinds of material and moral damages and the fees that MIN SWIMWEAR may have to pay to third parties, at the first request, without the need for a court decision. He accepts, declares and undertakes that he will compensate in cash and lump sum.

 

 

ARTICLE 7 - TERMINATION

7.1.MIN SWIMWEAR may unilaterally terminate the Agreement immediately if the MEMBER acts contrary to any provision in the applicable legislation, the Agreement or other referenced texts. In this case, the MEMBER accepts, declares and undertakes that he will compensate MIN SWIMWEAR for any damages immediately, in cash and in lump sum, upon the first request, without the need for a court decision.

 

7.2.MIN SWIMWEAR also has the right to suspend membership, limit services and access completely or partially, or terminate membership at any time without giving any reason and without the obligation to provide information.

 

7.3.In case of any expiration, termination or cancellation of the Agreement, the MEMBER will continue to be personally liable to MIN SWIMWEAR and other third parties, institutions and organizations for the actions and deeds performed during his membership.

 

ARTICLE 8 - LIMITATION OF LIABILITY

MIN SWIMWEAR carefully monitors both the SITE and the software, programs, applications and other digital systems it uses and takes security measures. However, despite all precautions, data losses, deficiencies, interruptions and/or damages may occur in MEMBER devices as a result of technical malfunctions or malicious interventions and similar situations.

 

MIN SWIMWEAR, within the scope of the services it provides, provides MEMBER's access to the SITE, access to and use of all kinds of tools such as the information and other data, software, programs, applications on the SITE or the SITE, and uploading/downloading information/documents/files. is not responsible for any direct or indirect damages that may arise due to any breach of Agreement, tort, interruption of the transaction, error, theft, destruction, unauthorized entry, modification or use of records, or any other reason of this nature. Likewise, MIN SWIMWEAR is not responsible for any damages that may occur to either the MEMBER or third parties due to any malicious software (virus, spyware, malware, worm, cookie, etc.) or malicious external intervention during these transactions.

ARTICLE 9 - FORCE MAJEURE

In all cases legally considered force majeure, MIN SWIMWEAR is not liable for late performance or non-performance of this Agreement. These and similar situations will not be deemed as delay, non-performance or default on the part of MIN SWIMWEAR, nor will MIN SWIMWEAR be liable for any compensation for these situations.

ARTICLE 10 - OTHER PROVISIONS

10.1.Contract Changes

 

This Agreement can be accessed from www.MIN SWIMWEAR.com.tr and mobile application, and MIN SWIMWEAR has the right to unilaterally change the terms and conditions in this Agreement at any time. It is accepted in advance by the MEMBER that the amended terms and conditions of the Agreement will enter into force as of the date of publication on the SITE and will be binding on the MEMBER. MEMBER cannot claim that he did not know about the changes or that the Agreement has ceased to be in force.

 

10.2.Transfer

 

MIN SWIMWEAR may assign this Agreement in whole or in part at any time without notice. MEMBER cannot transfer or assign this Agreement or its rights and/or obligations under the Agreement, in whole or in part, to others. Such a transfer attempt is invalid.

 

10.3.Applicable Law and Authority

 

Turkish Law will be applied in the interpretation and implementation of this Agreement and in resolving any disputes that may arise between the MEMBER and MIN SWIMWEAR. If the MEMBER has consumer status and the use of the SITE in question falls within the field of consumer law; Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Industry and Trade, and Consumer Courts are authorized if these values ​​are exceeded. Istanbul Central (Çağlayan) Courts and Enforcement Offices will be authorized to resolve disputes other than this. MIN SWIMWEAR reserves the right to file a lawsuit in the country where the MEMBER is located.

 

10.4.Notification

 

The e-mail address provided by the MEMBER during the membership application is considered the address to which all notifications regarding this Agreement will be made, and notifications made here have the effect of legal notification. Any notification made by MIN SWIMWEAR to the MEMBER's registered e-mail address will be deemed to be received by the MEMBER 24 hours after it is sent by MIN SWIMWEAR. MEMBER accepts that notifications to be made to old e-mail addresses will be valid and deemed to have been made to him/her unless he/she notifies the changes in the e-mail address in writing. MEMBER must forward any changes to info@minswimwear.com. MIN SWIMWEAR will immediately publish the changes made in its e-mail on the SITE, and the MEMBER is responsible for following this change.

 

10.5.Validity and Binding of Records

 

MEMBER accepts, declares and agrees that in case of disputes that may arise from the use of the Agreement and the SITE, MIN SWIMWEAR's books, records and data and all kinds of information in the database will constitute binding, definitive and exclusive evidence within the meaning of Article 193 of the Code of Civil Procedure and that this article is in the nature of an evidentiary contract. commits.

 

10.6.Invalidity

 

If any provision of this Agreement is canceled or contrary to law, this will not invalidate the provisions of the Agreement other than the provisions deemed invalid or unenforceable and will not affect its implementation.

 

10.7.Disclaimer

 

MIN SWIMWEAR's failure to immediately exercise one of its rights and powers set out in the Agreement will not prejudice these rights and powers, nor will it mean that it has waived these rights and powers.

 

10.8.Effectiveness and Acceptance

 

By checking and approving the box marked "I have read and accept the Membership Agreement" during the membership application process, the MEMBER accepts, declares and undertakes that he/she has read and understood the provisions of the Agreement and the referred text, will act in accordance with its terms and has approved the Agreement electronically in the digital environment.