MEMBERSHIP AGREEMENT

MEMBERSHIP CONTRACT

Date of Last Update: 25.03.2016 

General terms of use of the site, its general rules and legal liabilities

Prior to execution of any proceeding at the website of www.Armaggan.com (hereinafter shall be referred to as “Site”), the provisions mentioned in this present Contract, including the rules and legal liabilities must be read and the fact that they are read must be certified. Your certification shall mean that you unconditionally agree with the whole of these conditions and that you are bound with these conditions. By giving approval and using the Site and filling out the form to be containing your personal details, you are deemed to accept the conditions written in this Contract.

Armaggan Kültür Turizm ve Ticaret A.Ş. reserves the authority to update the content of this page of legal warning at any time and recommends to its users to visit the legal warning page at each time they enter into the site.

The Parties

A)  Armaggan Kültür Turizm Ticaret ve Sanayi A.Ş. (hereinafter shall be referred to as Armaggan”), operating at the address of Vali Konağı Caddesi, Süleyman Nazif Sokak,
No: 38-40, Nişantaşı-Şişli/İstanbul, carrying on business at the internet site of www.armaggan.com 

B)  The internet user (hereinafter shall be referred to as “Member”) being member to the internet site of www.armaggan.com (Site)

Scope of the Contract

The scope of this Membership Contract (hereinafter shall be referred to as “Contract”) is the determination of the terms of benefit and use of the Member from the internet site of www.armaggan.com owned by Armaggan.

1. Usage and Safety Rules

1.a www.armaggan.com is open to all of its members. The services provided at the site are free of cost, unless otherwise specified.

1.b Site management can prevent the member usage of site in below written states and reserves its legal rights upon the person or persons involved in the following attempts:

• Recording of the information, including wrong, irregular, incomplete and misleading details, expressions in contradiction with general ethics and laws of Republic of Turkey, to the site

• Reproduction in part or whole of the site content without permission.

• Member is directly responsible for any and all damages to be arisen out of the share of the details such as user name, password, and usage rights granted to Member or identified by them with the third person or institutions (usage of these details by the persons other than members). Armaggan’s every kind of compensation and other right to demand against every responsibility that may arisen due to this reason and any and all allegation and requests that may be put forward to Armaggan by third persons or competent authorities. In the same way, Member can neither use personal details such as IP address, electronic mail address, user name belonging to another person nor access or use private information of other users without permission at internet environment. Member is deemed to have accepted any and all legal and criminal liability that may arise due to a usage in this way.

• Member has accepted that Armaggan is authorised upon the collection of consideration of the shoppings to be made via site through a “PAYMENT INSTITUTION “ operating under the “LAW UPON PAYMENT AND SECURITIES ACCORDANCE SYSTEMS, PAYMENT SERVICES AND ELECTRONIC MONETARY INSTITUTIONS” No. 6493, entered into force by being published at the official gazette dated June 27,2013 and numbered 28690, and the submission of every kind of personal details such as credit card etc. required in these payment methods when necessary, that Member is responsible for any and all damages to be arisen out of the share of the details such as user name, password, credit card details or sharing of these details by the persons other than members.

1.c The usage of software, the execution of activities, attempting to execute thereof that may threaten the safety of the site, prevent the operation of the site and the softwares being used and receipt, deletion and change of details

2. Content Usage

2.a. The visual and written content presented at www.armaggan.com are for personal use. www.armaggan.com.tr is the owner or licensee of all materials within its content, including the domain name, logo, every kind of data, the applied sales system, business method and business model and the intellectual and industrial property rights with respect to these and is under the legal protection. Unless otherwise specified, it cannot be used for commercial or personal purposes without permission or designating source. It is forbidden to publish any element taking place in this site at another media or internet site or give link without the consent of Armaggan.

2.b. The right of the software used at the design of these pages and composition of the database belongs to Armaggan. MEMBER is responsible for the acts in contradiction with Armaggan’s rights under FSEK.

2.c. The right to use all critics and every kind of comments forwarded to www.armaggan.com belongs to Armaggan, they can be used by Armaggan for marketing purposes if required.

3. Responsibilities

3.a. The services provided by Armaggan are provided on the basis of "as it is” and "as far as possible” and there is no clear or explicit, legal or any other nature of guarantee, including all implicit guarantees upon marketability, compliance with a certain purpose or noninfringement with respect to services or application (including all information within these). 

3.b. The details of the members visiting www.armaggan.com and their preferences during these visits are recorded in order to provide better service. These information, provided not to be used for another purpose and to be kept confidential, are shared with the firms in cooperation with Armaggan upon the subjects such as advertisement etc. in order to widen and enhance the content of www.armaggan.com. The purpose here is to develope the experience provided by the site to its users and to improve www.armaggan.com.

3.c. In order to be a Member , being full age and for legal entity members being empowered to represent and bind the legal entity and not being temporarily suspended by Armaggan from membership under this present contract or not being prohibited from membership for indefinite term is a must. Member must give accurate, incomplete and current registry details. Otherwise this Contract shall be deemed to be violated and the account can be closed without informing the Member. Member is individually responsible for the password and account safety of Site and other sites. In case where he does not comply with this responsibility, Armaggan cannot be held liable for the data losses and safety violations or damage at equipment and devices to be occurred. The user of www.armaggan.com may, after completing the sections required for the registry provided that the conditions specified in this Contract are complied with , by entering the electronic mail address, password and other details, be subscribed to the site of ww.armaggan.com and start to use the site. 

3.d. Member accepts, in the course of his membership, while benefiting from the services of the site of www.armaggan.com and performing any transaction with respect to the services of Site, to act in compliance with all conditions specified within this contract, the rules mentioned at the related places of the Site and all of the legislation in force, that he has understood, accepted and approved all of the terms and conditions determined with this Contract. Member accepts to comply with any and all announcement and notifications published with respect to the services of www.armaggan.com. Any and all legal, criminal and financial responsibilities that may arise due to contradiction with these notifications and laws belong to Member.

3.e. In case where Member does not comply with the obligations specified in this present Contract or the general rules stated at the site of www.armaggan.com, every kind of activities of Member at the Site can be prevented by Armaggan temporarily or for indefinite time and/or his account can be closed.

3.f. Member cannot conduct preventive or complicating acts for the use of www.armaggan.com by other users and visitors, force/lock the servers or databases by loading automatic programmes. He cannot have fraudulent attempts. Otherwise he accepts that his membership will come to an end and any and all legal, criminal liability that may arise from this state.

3.g. Armaggan cannot be held liable for the loss, deletion or damage of texting made with www.armaggan.com.

3.h. Member cannot delete or extract the Copyright, Trade Mark and every kind of notes under Law on Intellectual and Artistic Works reproducted from www.armaggan.comor or any material printed with printer. 

3.ı. Membership cancellation and account deletion proceeding can be made by Member by requesting from www.armaggan.com. In case of any cancellation or deletion, Member’s authority to access to site shall be cancelled. Armaggan shall exercise its preference right upon the performance of this cancellation indefinitely and irrevocably manner. In such a case, Member accepts, declares and undertakes not to make any demand for right due to reasons such as deletion, cancellation etc.

3.i. Any and all legal or illegal liability that may arise at the relations, correspondences of Site users with each other or third persons etc. belong to Member.

3.j. Member accepts that, provided to comply with terms of use, confidentiality principles and valid legal regulations, Armaggan is entitled to use all of the information attached to Member’s user account within its own marketing activities. Member’s account and terms of use are merely identified peculiar to Member and its usage only belongs to Member. Member declares and accept that it has given consent to the collection of its personal and shopping details and shopping and/or consumer act details furnished while being subscribed to Armaggan and/or given in the past and/or to be given in the future by other means for the above purposes, their being used and archieved by Armaggan. The details belonging to Member can be disclosed to the related institutions within our responsibilities provided by legal regulations. Besides, the furnished personal details and any and all personal- not personal details regarding shoppings, can be recorded in compliance with laws, by Armaggan and partners –business partners, successors and/or third persons/institutions to be determined by these, any and all product- service presentation, advertisement, communication, promotion, sales, marketing, shop card, credit card and Membership notifications, applications and proceedings can be recorded indefinetly or for legal/to be foreseen period, stored at written /magnetic archieves, used, updated, shared, transferred and processed with other copies.

3.k. In cases where Site's mobile version-application (smart device application) is used, any and all personal- non personal details (including location data, examined products and shopped product- amount details) concerning Member’s site visits including physical and e- commerce shops- departments of Armaggan’s retailers and agreed institutions and the shoppings from these, can be received via Bluetooth and wireless network connections through appropriate technical methods if the related functions are on at their devices, recorded for the above mentioned commercial purposes by the aforesaid companies and institutions indefinitely/for a certain time limit, stored at written /magnetic archieves, used, updated, shared, transferred and processed with other copies.

3.l. Member has permitted to the data collection following the termination of his membership, usage and archiving thereof by Armaggan. The personal details being notified by Member to Armaggan shall be kept confidential, and by no means be shared with the other person or institutions not related with Armaggan , other than the matters specified under the Contract.

3.m.   Member agrees the social, commercial and other electronic communication by Armaggan, in a lawful manner, with the purpose of presentation, advertisement, communication, promotion, sales and marketing with respect to any and all product and services, also for shop card, credit card and Membership information, proceeding, practices, by SMS/short message, instant notice, automatic call, computer, telephone, e-mail, fax, (if open at your device) bluetooth-other wireless networks and other electronic communication means and the transmission of commercial electronic data to Member.

3.n. When Member wishes to withdraw from using the user account particularly identified to himself, ARMAGGAN is entitled to request for the suspension of the user account identified from his contact details. Member is also entitled, by calling the line numbered, going to the closest ARMAGGAN shop or the written notice to be made the e-mail address of crm@armaggan.com to end/ reject the contact with itself and shipment with respect to campaign and announcements via commercial electronic message at any time without justification.

3.o. At certain places of site, different rules and liabilities peculiar to that part can be specified. The person and institutions using these parts are deemed to have accepted these rules in advance. At the other sites reached through the Site, the confidentiality- safety policies and terms of use belonging to that site shall be valid, Member accepts that ARMAGGAN will not be liable for the dispute, pecuniary-nonpecuniary damage and losses that may arise out of the use of information from websites in order to see advertisement, banner, content or for another purpose, ethic principles, confidentiality- safety principles, service quality, terms of use and other practices of sites .

3.p. Member agrees that from the moment he starts to benefit from the service he will be deemed to have accepted all of the provisions of this present Contract and that the Contract will ensure upon himself. Member accepts to compensate in kind any and all damages Armaggan will incur due to his contradictory act with the obligations undertaken with this present Contract. Armaggan is entitled to right to recourse to Member for any and all compensation and/or administrative/judicial fines obliged to be paid to public offices and/or third persons due to the acts of Member in contradiction with the Contract.

3.r. Shipments from the Site are only made within the borders of Republic of Turkey.
3.s. Armaggan reserves the right to make every kind of changes deemed necessary upon the above matters and the product, service and opportunities to be provided to Member; these changes shall be valid until the announcement by Armaggan via Site or other appropriate methods; all campaigns are subject to the announced conditions. 

4. Armaggan’s Right and Obligations 

4.a. Armaggan agrees and undertakes that Member will benefit from the contracted services except for technical failures and the problems to be arisen out of service providers, not to share the information other than the personal details disclosed by the Member with third person or institutions save for the legal obligations. In case of a determination that Member has caused any electronic sabotage that prevents the operation of the site of www.armaggan.com, attempts and/or attacks to intervene to profits or where official authorities are requested to file criminal complaint or official investigation for the Member, www.armaggan.com is entitled to research and disclose the credentials of the concerned Member.

4.b. Armaggan may permanently or temporarily suspend the service it is providing unilaterally, change the content of the service or terminate, make unilateral change without making any notification or justification. Armaggan shall , in case of making such a change, publish the new terms and changes at its site. This publication shall substitute for the notification being made to Member. The renewed current terms of use shall be valid until the publication thereof at www.armaggan.com and the usage of the site or services of www.armaggan.com shall be subject to the renewed terms of use since that moment. 

5. Force Majeure

If the contractual obligations cannot be performed by the parties due to the reasons beyond the control of Parties; such as act of God, fire, explosions, civil wars, wars, riots, civil commotions, declaration of mobilisation, strike, lockout and epidemic illnesses, infrastructure and internet failures, electricity cuts (hereinafter shall be collectively referred to as "Force Majeure”), the parties are not liable for this. Within this period the rights and obligation of the Parties arisen out of this Contract shall be suspended. 

6. Integrity of the Contract

If any of the conditions of this present Contract becomes invalid in part or whole, the remaining of the Contract shall continue to protect its validity.

7. Entry Into Force

7.a Member is deemed to have undertaken to comply with www.armaggan.com Membership contract since the moment when registration form is completed and approved or any service is received or ordered by using this system. Contract shall automatically terminate without any warning with the termination of Membership or realisation of any of the termination cases enumerated in this present contract.

7.b This present Contract shall remain in force until the cancellation of the membership of Member or of his membership by Armaggan. Armaggan may unilaterally terminate this present Contract by canceling membership of the member in case of a violation of any provision of the "Membership Contract "of the Member.

7.c This present Contract can be terminated at any time with the unilateral notification to be made by any Contracting party to the other party.

8. Competent Court and Resolution of Disputes

İstanbul Courts and Enforcement Offices are authorised at the resolution of the disputes that may arise out of the implementation of this Contract.

9. Notification Addresses

9.a. The electronic mail address notified by member, user to www.armaggan.com is deemed to be the electronic mail to be requested for any and all notices to be made with respect to this contract as the legal address.

9.b. Unless the member notifies the other party in written upon the changes at the present electronic mail within 3 (three) days, he accepts that the requests to be made to previous electronic mail will be valid and deemed to have been made to himself.

9.c. Any and all notifications to be made by Armaggan by using the registered electronic address of Member shall be deemed to arrive to Member after 1 (one) day following electronic mail’s being sent by www.armaggan.com. Member declares, agrees and undertakes that he has read, understood and accepted whole of the articles in this subscription contract and that he has approved the accuracy of the information given about himself.