DEFACTO GIFT CLUB MEMBERSHIP AGREEMENT
 
1. Parties and Subject Matter of the Agreement:
 
This membership agreement (hereinafter "Agreement") has been executed between Defacto Perakende Ticaret Anonim Şirketi (hereinafter "DeFacto") located at Basın Ekspres Yolu, Bahariye Caddesi, No.31, 34303, Halkalı, Küçükçekmece - İSTANBUL and the user who is a member of the website www.defacto.com.tr (hereinafter "Member") in order to determine the terms and rules regarding the use of the website, membership and to determine the terms and conditions of the member's benefit.
 
2. Rights and Obligations of the Parties:
 

1. The Member agrees to provide the condition of being over 18 years of age and to submit official identity documents such as identity card, passport, etc. showing that he/she meets this condition if requested during the membership registration process. For those under 18 years of age, DeFacto Gift Club membership is subject to the written consent of their parents or legal guardian. 

 

1.  The Member declares and undertakes that the personal and other data he has provided while becoming a member of the www.defacto.com.tr website are accurate before the laws, and it will fully and promptly indemnify DeFacto for all damages incurred due to the misrepresentation of such data. The Member agrees that in case of providing inaccurate information, the Agreement may be terminated unilaterally by DeFacto without the need for any notice or warning.

 

1. The member may not share the password created through DeFacto with other persons or organizations, and the member's right to use the password in question belongs to the member alone. The Member agrees that the same password used to create a membership should not be used on more than one platform. The security and confidentiality of the e-mail address used by the Member while registering to the website www.defacto.com.tr and the password created by the Member are the responsibility of the Member. In terms of all liability that may arise for this reason and all claims and demands that may be asserted against DeFacto by third parties or competent authorities, DeFacto reserves all kinds of compensation and other claims arising from such unauthorized use.

 

1. The Member accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the website www.defacto.com.tr. Otherwise, any and all legal and criminal liabilities that may arise shall be fully and exclusively binding on the Member.

 

1. DeFacto reserves the right to modify the website content at any time, to alter or terminate any service provided to users, or to store and delete user information and data registered on the DeFacto website.
2. DeFacto may at any time change, update or cancel the terms of the membership agreement in any form and under any circumstances without the need for prior notice and/or warning. Any amended, updated or repealed provision shall be effective for all members on the date of publication.

 

1. The Member shall not use the website www.defacto.com.tr in any way that violates public order, violates public morality, disturbs and harasses others, for an illegal purpose, or infringes the intellectual and copyright rights of others. In addition, the Member may not engage in activities (spam, viruses, trojan horses, etc.) and transactions that prevent or make it difficult for others to use the services.

 

1. The written opinions and comments declared by the Members on the website www.defacto.com.tr are solely the personal views of the Members and DeFacto has no responsibility for these opinions and comments. For any claim that may be directed to DeFacto, DeFacto shall convey the relevant claim to the owner of the idea, opinion and comment and shall reserve the right to recourse all damages and losses to the owner of the idea, opinion and comment. Personal data included in the content you prefer to be published and the comments you share shall be processed based on the legal reason of "being made public by the  data subject" in accordance with the Law No. 6698 on the Protection of Personal Data (‘'LPPD'') and shall be publicly published on DeFacto's platform in a way accessible by third party users. You may select the information that will be published within the scope of your posts and comments on DeFacto platforms. However, this will make the relevant data public and other users using DeFacto platforms will be able to access this data.

 

1. The Member acknowledges and undertakes to not copy, reproduce, publish, market the information, documents, software, designs, graphics, writings, logos, slogans, visuals, videos, etc. and any content on www.defacto.com.tr, all rights of which belong to DeFacto. These cannot be used, acquired or changed by the member without authorization.

 

1. DeFacto shall not assume any liability for any unauthorized reading of member data and any damage to member software and data. The Member has agreed in advance not to claim compensation from DeFacto for any damages that may arise from the use of the website www.defacto.com.tr.

 

1. The Member agrees not to access or use the software and data of other internet users without permission. Otherwise, the legal and criminal liabilities arising therefrom shall be borne entirely by the Member.

 

1.  A member who violates one or several articles set forth in this Agreement is personally liable both criminally and legally due to such violation, and shall hold DeFacto harmless from the legal and penal consequences of such violations. In addition, DeFacto reserves the right to claim compensation against the Member for non-compliance with the Agreement if the incident is brought to the legal field due to this violation.
2. DeFacto complies with the LPPD and other legislation in the processing and transfer of your personal data, attaches a high degree of importance to the security of your personal data and takes technical and organisational measures in compliance with current technological developments in accordance with Article 12 of the LPPD. DeFacto demonstrates due diligence and takes all necessary organisational and technical measures to ensure and maintain the confidentiality of Members' personal data, to prevent unauthorized use of data or disclosure to an unauthorized third party. Within this context, under no fault of DeFacto, DeFacto may not be held liable in the event that the data is disclosed and accessed by unauthorized third parties.   

 

1. If you become a member of the DeFacto Gift Club, the personal data collected through the DeFacto website and applications may be processed in a limited manner for the purposes such as; carrying out marketing and analysis studies by tracking user movements, planning and executing customized user satisfaction activities, improving user experience, profiling, creating personalized user experience and promotional suggestions, customizing and offering/recommending DeFacto products to you according to the likes, usage habits and needs of users. DeFacto uses cloud service infrastructures with servers based abroad in order to carry out DeFacto Gift Club membership transactions and to provide customized services to you. In case you are a member of DeFacto Gift Club, your personal data may be processed on behalf of DeFacto by data processors whose servers are located abroad. DeFacto may transfer your personal data abroad through service providers and infrastructure suppliers in the field of technology with servers based abroad in order to carry out membership transactions, provide services on the website and/or mobile application, and carry out storage and archive activities. For detailed information, you can review the Member  Privacy Notice and Explicit Consent Text. In the event of you not wishing to grant explicit consent or wishing to withdraw your previously given explicit consent, you can always continue to benefit from our services with the "Continue Without Becoming a Member" option.

 

1. You can review the Member Privacy Notice to be informed about your personal data provided within the scope of membership and the purposes of processing and transfer of this personal data, your rights as a data subject regulated in Article 11 of the LPPD and the details of the application methods to DeFacto. You can also update your personal data other than the birthday information that you provided while becoming a DeFacto Gift Club member at any time through  the My Account page. You can also manage your preferences for receiving commercial electronic messages, except for messages containing information about the status of your order, on the My Account page. When you turn off your preferences for receiving commercial electronic messages, you may continue to receive transactional calls, SMS, e-mails, Whatsapp and notifications regarding your ongoing membership transactions, membership settings, shopping and orders, without campaign-related and promotional purposes, etc.

 

1. The Gift Points earned have expiration dates and these expiration dates may be updated by DeFacto. In the case that the points earned are not used within the specified period, the Gift Points will expire without any further action. The Gift Points which the Member cannot spend due to a possible technical error and which have expired will be credited to the Member's account upon visual submission of the error by the Member, if it is evaluated positively by the relevant teams of DeFacto. The Member agrees that in case of a request to terminate his/her DeFacto Gift Club membership, if he/she has Gift Points defined in his/her account, he/she must use them within three months, otherwise, the Gift Points will lose their validity.

 

1. The Gift Points acquired may not be used for commercial purposes under any circumstances, are exclusive to members and Gift Points belonging to different accounts cannot be combined and transferred. The Member agrees and undertakes not to disclose, provide or make available to anyone else his/her number, username and/or any information within this scope in order to benefit from Gift Points, and to be personally responsible for their storage within the appropriate security level; if it is determined that his/her membership is misused by someone else or his/her membership is abused, he/she accepts and undertakes that all rights and gains related to the membership shall be withdrawn, that he/she must inform DeFacto immediately, and that his/her membership will be terminated. The Member is responsible for any damages that may arise until the notification is made.

 

1. DeFacto may use the personal information of its members in order to offer better service to its users, to improve its products and services, to facilitate the use of the site, and to work on the special preferences and interests of its users. DeFacto reserves the right to maintain a record of the Member's actions on the website www.defacto.com.tr.

 

1. DeFacto may suspend or completely terminate the functioning of the website www.defacto.com.tr at any time and for a temporary period of time. No liability shall be incurred by DeFacto to www.defacto.com.tr members or third parties due to temporary suspension or complete shutdown of the system.

 

1. Precautions have been taken within the existing possibilities to ensure that the DeFacto website is free of viruses and similar software. In addition to this, the user is required to procure his own virus protection system and ensure the necessary protection, in order to ensure ultimate security. In this regard, the member is deemed to have accepted responsibility for all errors that may occur in their software and operating systems and their direct or indirect consequences by entering the DeFacto website.

 

1. DeFacto always unilaterally retains the right to remove members from membership, reject membership applications, delete files, documents and information belonging to the customer, and withdraw Gift Points. The Member accepts this provision before becoming a member. In this case, DeFacto has no responsibility.

 

1.  www.defacto.com.tr sales are limited with the stocks. www.defacto.com.tr is entitled not to deliver products that are not in stock, cancel the order and reimburse the order amount to the customer's account. The exhibition of the products in the virtual store does not imply that such products are in the stocks of www.defacto.com.tr or DeFacto stores. www.defacto.com.tr is exclusively authorized to modify the prices and product specifications of the products offered for sale at www.defacto.com.tr.    In the event of an error in the price and product specification information, www.defacto.com.tr may deliver the product by correcting the error or cancel the order and refund the order amount to the customer account, provided that it has the exclusive right to choose.

 

1. DeFacto may amend the application of this Agreement in order to comply with the technical requirements and legislation that may arise in the future, as well as change the existing articles or add new articles. www.defacto.com.tr may transform services not requiring membership into a situation requiring membership over time, open additional services, change some of its services partially or completely or turn them into paid services. The changes shall be effective from the date of their publication on www.defacto.com.tr. Following the changes is the responsibility of the member. The Member is deemed to have accepted these changes by continuing to benefit from the services offered.

 

1. DeFacto shall not be in any way deemed responsible for any disputes that may arise from the Member's inability to benefit from the advantages such as late or incorrect announcements, campaigns, points, etc. due to malfunctions in the electronic infrastructure on which the system operates.

 

1. The Member agrees that DeFacto has the right to cancel a purchase transaction without any prior notification to him/her due to suspicion of fraud (making a transaction using false information or another person's information, creating unreal Membership accounts by using false or misleading personal data, including false or misleading delivery address, e-mail address, contact, payment or account information); accepts and declares not being able to make any claim for this reason; that the Gift Points defined in the member's account will be deleted; and that he/she accepts and declares that he/she knows that if DeFacto suffers damages from the use of the Gift Points defined in the account, DeFacto may be recursed to the member for the compensation of the damages.

3. Resolution of Disputes:
   1. The member accepts and undertakes that the book records and microfilm, microfiche, and computer records of DeFacto shall constitute valid, binding, conclusive, and exclusive evidence in the sense of the 193rd and other articles of the Code of Civil Procedure, in any disputes that may arise from the Agreement. DeFacto accepts, declares and undertakes beforehand to waive all kinds of objections to DeFacto records and the right to offer an oath that they are duly kept.
   2. Turkish legislation in force shall apply to any disputes that may arise in relation to this Agreement.
   3. T.C. Istanbul Central Courts and Enforcement Directorates shall be authorized to resolve any disputes that may arise from the implementation of this Agreement.

 
4. Enforcement and Termination:
 
The membership registration implies that the Member has read all articles in the Agreement and has accepted all articles stipulated in the Agreement. This Agreement has been executed on the instant that the Member has registered as member and has entered into force reciprocally. This Agreement shall remain in force until the Member cancels his membership or the membership is canceled by DeFacto.