&Membership Agreement
PARTIES
1.a) This membership agreement is made between Azra Boutique
. (AZR) and the “member”; and it contains the terms and conditions regarding the member's usage of the services offered on the website named www.AzraButik.com operated by Azra Boutique.
1.b) Azra Boutique and “member” will be individually referred to as a “party”; collectively as the “parties.”
2. SUBJECT OF THE MEMBERSHIP AGREEMENT
2.a) The subject of this Agreement is to determine the general terms of use, rules, conditions of utilization, and legal liabilities of the member regarding the website www.AzraButik.com owned by AZR.
2.b) Under this Membership Agreement, the Member wishes to become a member of the e-commerce platform managed by AZR named www.AzraButik.com and to purchase the products and/or services sold at the Virtual Store on this platform.
2.c) For a contractual relationship to be established between the parties, the Member is required to complete the information requested from the member on the www.AzraButik.com website, enter the password they will determine, and provide the specified approvals and permissions. If there is any deficiency in membership information, the member can call AZR's customer service or update their membership information via the website. Otherwise, the member accepts that AZR has no responsibility by approving this contract.
2.d) The member declares and undertakes that the personal and other information given during the membership to the www.AzraButik.com website is correct and that AZR bears no responsibility in case the information is incorrect. The member who does not provide correct and up-to-date information while filling out the subject Membership Agreement is personally responsible for all damages that may arise for this reason.
2.e) If the member wishes to initiate any legal transaction or purchase process related to the products and advertisements viewed on the Website, they accept and declare that they are obliged to fulfill all necessary legal obligations and procedures, including those stated on the website, and that AZR has no knowledge or responsibility regarding these obligations and procedures.
2.f) All credit card and bank card transactions and approvals made by members on the www.AzraButik.com website are carried out online between the related Bank, Credit Institution, and/or Payment Service Providers and Members. These payment transactions are not carried out or approved by AZR. Therefore, AZR certainly does not see or record members’ credit card or similar payment tool passwords unless requested by the member. However, in the event of the member approving “the registration of credit card information within AZR for quick shopping”, AZR is responsible for protecting this information within the scope of the conditions of this agreement.
2.g) The member declares and undertakes that they will act in accordance with the provisions of this Membership Agreement, all conditions stated on the website, the prevailing legislation, and ethical rules in the transactions and correspondences they perform on the website. The legal and penal responsibility related to the transactions and actions performed by the member on the website belongs to them. AZR may share the information held by the member with the competent authorities at the request of the competent authorities under the prevailing legislation.
2.h) AZR has taken precautions with the available possibilities to ensure that the www.AzraButik.com website is free from software intended for viruses and similar purposes. Additionally, for ensuring ultimate security, the Member needs to provide their virus protection system and take necessary protection. In this context, the member is considered to have accepted that they are responsible for all errors that may occur on their software and operating systems and the direct or indirect results of these errors when they access the www.AzraButik.com website.
2.ı) Each member may have only one account. In the case where it is determined that a member has more than one account, the accounts identified as fraudulent may be closed and/or frozen at AZR’s discretion without notifying the member; this is accepted and undertaken by the member. The earnings of a member trying to gain from the system with multiple accounts are not protected, and in case the violation occurs more than once, the related breach will be considered a material breach of the member agreement, and AZR reserves the right to resort to other legal avenues, including termination of membership.
2.j) AZR is not responsible for any direct or indirect damage arising due to breach of this agreement, tort, or other reasons, caused by accessing this website, using the information and other data, programs, etc. contained in the site. AZR is not liable for damages that may arise due to interruption of the operation, etc., due to breach of contract, tort, or other reasons. This is accepted by the member.
2.k) The username and password information required by the member to perform transactions on the www.AzraButik.com website are created by the member, and the security and confidentiality of this information are entirely the responsibility of the member. The member declares, undertakes, and accepts that they will not make defenses and/or objections to the effect that actions taken under their username and password were not performed by them, and will not avoid fulfilling their obligations based on such defenses or objections.
2.l) AZR reserves the right to change any service, product, terms of use of the site, and information presented on the site, to reorganize the site, and to discontinue its publication without any need for prior notice. Such changes take effect at the moment of their publication on the site. These changes are deemed to have been accepted by the use of the site or access to the site.
2.m) Should any unjust and/or unlawful gain be obtained by any act constituting a crime and/or misdemeanor under Turkish Criminal Law 5237 and other prevailing legislation, or if AZR suffers any damages this way, AZR may claim all its damages, including loss of profit and judicial and/or administrative fines suffered, from the member causing the damage, including but not limited to all types of payments and expenses made or to be made in the future (court costs, fines, tax, fee, etc.).
INTELLECTUAL PROPERTY
3.a) No materials on the www.AzraButik.com website (images, graphics, logos, etc.); may be changed, copied, reproduced, translated into another language, republished, uploaded to another computer, mailed, transmitted, presented, or distributed without prior permission and without citing the source, including code and software. The whole or part of the internet site cannot be used on another internet site without permission. Any contrary actions require legal and penal liability. AZR reserves all rights not expressly stated here. If the member violates AZR's intellectual and industrial property rights in any way, AZR may claim compensation for all direct and indirect damages it suffers and/or may suffer at any time in the future.
PRIVACY
4.a) Under the above conditions, AZR values the processing, ensuring the security, and protection of the personal information shared by the member with itself, within the framework of the Personal Data Protection Law No. 6698 and other legal regulations. The member explicitly consents to the collection, use, transfer, and other processing of their personal data under the conditions shown above, with their free will. They have the right to use the communication, marketing, notification, and other purposes through mailing, e-mail, SMS, telephone conversations, and other means via the address, e-mail address, landline, and mobile phone lines specified in the registration form to the site by the member and updated by them later. By accepting this agreement, the user declares and consents that AZR may engage in the above communication activities directed at them unless they notify otherwise in writing.
4.b) In line with the terms of Article 2.g) of this agreement, AZR may share the information held by the member with the said authorities upon the request of the competent authorities under prevailing legislation. The member consents and declares that they consent to the use and storage of their personal information by AZR in this manner. AZR will take all necessary precautions under Article 12 of the Personal Data Protection Law No. 6698 for the safe storage of said personal data and to prevent unauthorized access and unlawful data processing. The member has the right to change or update their personal data at any time and to exercise the rights they have under Article 11 of the Personal Data Protection Law No. 6698.
FORCE MAJEURE
5.a) If the party exposed to Force Majeure is unable to perform its obligations under this membership agreement, no liability will arise. The determination of the force majeure will be evaluated and determined in line with the provisions of Article 2 and Article 3 of the Turkish Code of Obligations No. 6098 and the Turkish Civil Code No. 4751. The party exposed to force majeure shall not be held responsible for obligations impeded or delayed as a result of force majeure, and this situation shall not be deemed a breach of this Membership Agreement.
TERMINATION OF THE AGREEMENT
6.a) From the moment the member completes the registration process, they are deemed to have accepted the conditions stated in this agreement, and this agreement shall be deemed to have come into force. The agreement will automatically terminate and become null and void without the need for any warning with the termination of membership and/or upon the occurrence of any of the termination conditions listed in this agreement.
Best regards,
AzraButik.com Team.