Membership & Sales Agreement
a) ŞE-MA TEKSTIL SAN. TİC. LTD. ŞTİ. administering the operations of the webpage www.kasha.com.tr domiciled in the address Bomonti Silahşör Cad. Gökkuşağı Sokak No:11/3 Şişli / ISTANBUL (Hereinafter to be referred to as KASHA).
b) The web user who is a member of the webpage www.kasha.com.tr, hereinafter to be referred to as the (“Member”).
2. Subject Matter of the Agreement
The subject matter of this agreement is to determine the terms for the member to make use of KASHA’s webpage www.kasha.com.tr.
3. Rights and Liabilities of the Parties
3.1. The member shall declare and undertake that the personal and other information he gives are accurate for the laws while signing up the webpage www.kasha.com.tr, and it will immediately indemnify all damages to be incurred by KASHA due to the contradiction of this information with the reality.
3.2. The member cannot give the password given to it by KASHA, and the member’s right to use that password personally belongs to it. KASHA shall reserve all responsibility to originate for this reason and all kinds of indemnification and other demand rights originating from such use by KASHA without consent against all claims and demands which can be asserted by third
persons and competent bodies,.
3.3. The member shall accept and undertake in advance to comply and not to violate with the provisions of the legal legislation while using the webpage www.kasha.com.tr. Otherwise, all legal and penal liabilities to originate will be completely and exclusively binding for the member.
3.4. The member cannot use the webpage www.kasha.com.tr to disrupt the public order, against the general morals, to disturb and abuse others, for a purpose contrary to laws, to encroach others’ intellectual rights and copyrights under any circumstances. The member cannot perform any operations and transactions which might prevent or obstruct others’ use of the services (spam, virus, Trojan horse, etc.).
3.5. The opinions and ideas which are declared, written, used by the members at the webpage www.kasha.com.tr are completely the personal opinions of the members and they bind the owners of the opinions. These opinions and ideas do not have any relation and connection with KASHA. KASHA shall not have any responsibility for the damages to be incurred by the third persons due to the opinions and ideas to be declared by the member and the damages to be incurred to the member due to the opinions and ideas declared by third persons.
3.6. KASHA will not be responsible for the member data’s being read by unauthorized persons and the damages to incur to the member software and data. The member has accepted in advance not to demand any indemnification from KASHA for any damages to be incurred due to the usage of the webpage www.kasha.com.tr.
3.7. The member has accepted not to access and use the software and data of other internet users without consent. Otherwise, legal and penal responsibilities to originate thereof shall completely belong to the member.
3.8. The member who violates one or several items which are listed in this membership agreement shall be personally responsible for this violation in penal and legal terms, and he shall release KASHA from the legal and penal consequences of these violations. Moreover, in case the event is submitted to the law due to this violation, KASHA shall reserve its right to demand indemnification from the member due to his failure to comply with the membership agreement.
3.9. KASHA always has the right to unilaterally delete the membership of the member, delete the files, documents and information regarding the customer. The member shall accept such saving in advance. KASHA shall not have any responsibility in this case.
3.10. The software and design of the webpage www.kasha.com.tr shall be under the property of KASHA and the copyrights and/or other intellectual property rights with respect to them are protected by the related laws and these cannot be used, acquired and modified by the member without consent. Other companies which are referred to at this webpage and their products are the trademarks of their owners and they are further protected within the scope of intellectual property rights.
3.11. KASHA can collect a number of information such as the name of the Internet service provider and Internet Protocol (IP) address, date and time of access to the website, pages accessed during the time spent on the webpage and the Internet address of the Website which enables direct connection to the site which are used to improve and enhance the webpage www.kasha.com.tr and/or to access the website within the legal legislation.
3.12. KASHA can disclose the personal information of the member when it is requested as a legal obligation or (a) when it is in good faith believed to be required to act in accordance with legal requirements or comply with the legal processes which are notified to KASHA; (b) to protect the rights and property of KASHA and www.kasha.com.tr website family.
3.13. Actions have been taken within the current bounds of possibility in order to release the website www.kasha.com.tr from virus etc. software. Besides, the user has to supply his own virus protection system and provide necessary protection so that final security can be provided. Within this context, the member shall be deemed to have accepted that he is responsible for all errors and direct and indirect results thereof in his own software and operating systems upon his entry to the webpage www.kasha.com.tr.
3.14. KASHA shall reserve its right to modify the contents of the website at all times, modify or terminate any service which is provided to the users or delete the user information and data which is registered at the website www.kasha.com.tr.
3.15. KASHA can modify, update or cancel the conditions of the membership agreement at all times without the need for preliminary warning and/or notice by any means. Every modified, updated or abolished provision will be binding for all members on the date of publication.
3.16. The parties shall accept and undertake that all computer records which belong to KASHA will be taken as basis as the only and actual exclusive evidence in accordance with article 287 of the Code of Civil Procedure and that these records constitute an evidence agreement.
3.17. KASHA shall have the right to send information emails to the electronic mail addresses and information SMSs to the mobile phones of the members which are registered within its body pursuant to this membership agreement, and the member will be deemed to have accepted these information mails to be sent to his electronic mail address and information SMSs to be sent to his mobile phone upon his approval of this membership agreement.
4. Termination of the Agreement
This agreement will be effective until the member cancels his membership or until the cancellation of the membership by KASHA. KASHA can cancel the membership of the member and unilaterally terminate the agreement in case the member breaches any provisions of the membership agreement.
5. Resolution of the Disputes
Istanbul Courts and Enforcement Offices shall be competent in the disputes originating from this agreement.
The membership registration by the member means that the member has read all items in the membership agreement and accepted the items in the membership agreement. This Agreement was made at the time when the member became a member and it took effect mutually.
KASHA reserves its right to update the contents of this legal warning page at all times and it recommends its users to visit the legal warning page every time they visit the website.