MEMBERSHIP AGREEMENT
1. Parties
This Membership Agreement (hereinafter referred to as the "Membership Agreement"); is made in electronic environment between EMİLİANO ZAPATA GİYİM SANAYİ VE TİCARET A. Ş. (hereinafter referred to as "Emiliano Zapata") residing at “Kazlıçeşme Mah. Hacı Reşit Bey Sk. Emiliano Zapata Bl. No:11/1 ZEYTİNBURNU İstanbul and "Member" to become a member of https://www.emilianozapata.com/" Site/ Portal" and who approves this" Membership Agreement" and its annexes which are an integral part thereof and the conditions and rules in the "Portal".
2. Definitions
"Portal" : The website and/or mobile applications offered by "EMİLİANO ZAPATA", which consists of the domain name https://www.emilianozapata.com/ and the sub-domains connected to this domain name.
“User”: Refers to every natural or legal person accessing the “Portal”.
"Member": It is the "User" who is a member of the "Portal" and benefits from the services offered within the "Portal".
"Membership Agreement": An electronic contract consisting of the terms and conditions and annexes in the "Portal", concluded electronically as a result of the user's approval that he/she understands and accepts the "Membership Agreement", which is an integral part of the annexes and a whole with the terms and rules in the "Portal".
"Emiliano Zapata Membership Account": A set of web pages specific to the "Member", where the "Member" performs the works and transactions necessary to benefit from the services offered in the "Portal", requests "Emiliano Zapata" in matters related to the "Membership", "Updates the membership information and can view the reports related to the services offered, "user name" and "password" that he/she determines and undertakes to use exclusively by himself/herself. It is the status gained by the notification made by "EMİLİANO ZAPATA" after the "User" who wants to become a "Member" completes the Membership form in the "Portal" with accurate and real information. You cannot have the right and authority to become a "Member" until the membership procedures are completed. "Membership" rights and obligations are the rights and obligations of the applicant, which cannot be transferred, in whole or in part, to any third party. The application for "membership" may be rejected by "EMİLİANO ZAPATA" or additional terms and conditions may be requested without giving any reason. "EMİLİANO ZAPATA" may terminate the "Membership" status of the "Member" if deemed necessary, and may not accept the "Membership" application of the one whose "Membership" is terminated for any reason.
“EMİLİANO ZAPATA Services” (“Services”): Applications provided by “EMİLİANO ZAPATA” in order to enable the “Member” to perform the works and transactions defined in this “Membership Agreement” in the “Portal”. "EMİLİANO ZAPATA" may make changes and/or adaptations to the "Services" at any time without prior notice. The rules and conditions that the "Member" is obliged to comply with regarding the changes and/or adaptations made shall enter into force on the date of publication in the "Portal".
"Content": It refers to visual, spelling and auditory images such as all kinds of information, text, files, pictures, videos, figures, etc. published in the "Portal" and accessible.
"EMİLİANO ZAPATA Interface": These are the web pages and mobile application screens/pages used by the "Users" in order for the content created by the "EMİLİANO ZAPATA" and "Members" to be viewed by the "Users" and to be queried from the "EMİLİANO ZAPATA Database"; which are protected within the scope of the Law on Intellectual and Artistic Works No. 5846 and which command the computer program to perform all kinds of transactions that can be done through the "Portal" within the designs whose intellectual rights belong to "Emiliano Zapata".
"EMİLİANO ZAPATA Database": It is the database protected in accordance with the Law on Intellectual and Artistic Works No. 5846, which belongs to "EMİLİANO ZAPATA", where the contents accessed within the "Portal" are stored, classified, queried and accessed.
"Personal Data": Pursuant to Article 3/d of the Law No. 6698 on the Protection of Personal Data (PDPL), all kinds of information related to the identified or identifiable real person and special quality personal data listed in Article 6/1 of the PDPL.
"Sensitive personal data": Data relating to race, ethnic origin, political opinions, philosophical beliefs, religion, sect or other beliefs, appearance and dress, membership of associations, foundations or trade unions, health, sexual life, criminal convictions and security measures, and biometric and genetic data are sensitive personal data.
3. Subject and Scope of the “Membership Agreement”.
The subject of this "Membership Agreement" is the determination of the services offered on the "Portal", the conditions of benefiting from these services and the rights and obligations of the parties. All statements such as warnings, notifications, applications and explanations made by "EMİLİANO ZAPATA" regarding the "Membership Agreement" and its annexes and the use, membership and services in the "Portal" are within the scope. By accepting the provisions of this "Membership Agreement", the "User" accepts and undertakes to act in accordance with the contents of the "Portal", the "Membership" and all kinds of statements made by "EMİLİANO ZAPATA" regarding the "Services".
4. Becoming a Member
4.1 In order to become a member of the "Portal", it is necessary to be of legal age and not temporarily suspended, suspended or indefinitely banned from membership by "EMİLİANO ZAPATA" under this "Membership Agreement".
4.2 "EMİLİANO ZAPATA" may unilaterally terminate this "Membership Agreement", terminate or temporarily suspend the "Membership" of the "Member" at any time without giving any reason, notification, compensation, penalty, etc. with immediate effect. The cases of violation of the rules specified in the "Portal", the cases where the "Member" poses a risk to the "EMİLİANO ZAPATA" information security system are the cases of termination of membership or temporary suspension of membership.
4.3. In order to become a "Member", it is necessary to carry out commercial activities and to have applied for "Membership" by the person authorized to represent and not to be temporarily suspended, suspended or indefinitely banned from membership by "EMİLİANO ZAPATA" within the scope of this "Membership Agreement" and not to act contrary to the laws, general customs and customs. Before activating the membership, “EMİLİANO ZAPATA” has the right, at its sole discretion, to request additional information and documents indicating that the person performing the transaction is duly authorized to conclude the “Member” Agreement and that the internal approval mechanism before the “Member” has been duly completed. During the definition of a new Portal User in the system, "EMİLİANO ZAPATA" also has the right to request additional information and documents indicating that the persons who perform transactions on behalf of the relevant Portal User are authorized and that the internal approval mechanism in the Member is duly completed.
4.4 "EMİLİANO ZAPATA" may unilaterally terminate this "Membership Agreement", terminate the membership of the " Member" or temporarily suspend it at any time without giving any reason, notification, compensation, penalty, etc. with immediate effect. Violations of the rules specified in the "Portal", situations where the "Member" poses a risk to the information security system, termination of membership or temporary suspension of membership.
Rights and Obligations of the Parties
5.1 Rights and Obligations of the "Member"
5.1.1 The "Member" accepts and undertakes that he/she will act in accordance with the rules, declarations, all applicable legislation and moral rules specified in the "Portal", that he/she understands and approves the provisions of the "Membership Agreement" and all the terms and rules in the "Portal". In the event that EMİLİANO ZAPATA suffers a loss due to pre-ordering without having the relevant documents in areas where it is required to obtain documents such as "Authorization Certificate"/"Certificate", etc. according to the legislation in the fields in which it operates; EMİLİANO ZAPATA reserves the right to recourse to the "Member" for all kinds of pecuniary and non-pecuniary, direct and indirect damages that it has suffered or may suffer.
5.1.2 In cases where EMİLİANO ZAPATA is obliged to make a statement to the official authorities in accordance with the provisions of the current legislation, the "Member" accepts and undertakes that he/she is authorized to disclose the confidential/private/commercial information of the "Members" to the official authorities, therefore, he/she will not make any request from EMİLİANO ZAPATA and will not claim compensation under any name. Apart from this, in the event that "Emiliano Zapata" is notified with the allegation that the rights of any person or institution are violated in relation to the pre-orders placed by the "Member" on the "Portal"; "EMİLİANO ZAPATA" may give the name-surname/commercial title notified by the "Member" and other information requested, if any, to the relevant person or institution.
5.1.3 " Members" must exclusively and individually ensure the security of the "username" and "password" they use to log into the "Membership Account" and use it themselves. The "Member" should not identify the same "username" and "password" information to the membership accounts of other websites. The "Member" cannot share the "username" and "password" information with another member, company, third party, software interface, etc. for any purpose. The "Member" shall be liable for all kinds of pecuniary and non-pecuniary, direct and indirect damages incurred or to be incurred by other Members and/or "EMİLİANO ZAPATA" and/or third parties and/or himself/herself due to his/her negligence or faults in this regard. EMİLİANO ZAPATA reserves the right to recourse to the Member for the damage it will suffer in such a case. All transactions carried out with the account, user name and password of the Member shall be deemed to have been carried out by the "Member" himself/herself and the "Member" shall be solely responsible for the damages suffered by the "Member" and/or third parties due to the use, loss or change of this information by a person other than the persons authorized by the "Member". If the "Member" suspects that the account information of the persons who log in to the Portal with a certain user name and password within the scope of the Agreement has been learned by a third party; the "Member" shall immediately notify the Portal authorities.
5.1.4 The "Member" accepts and undertakes that the information and contents provided by him/her within the "Portal" are accurate and lawful, that the consumer is not deceptive, that the publication of the said information and contents in the "Portal" or the sale and display of the products related to these contents do not constitute a violation of the applicable legislation. EMİLİANO ZAPATA is not obliged and responsible for investigating the accuracy of the information and content transmitted by the "Member" to EMİLİANO ZAPATA or uploaded by the "Member" through the "Portal", nor can he be held responsible for any damage that may arise due to the inaccuracy or inaccuracy of such information and content or its publication. In the event that the information submitted during the membership phase changes, the "Member" is obliged to notify the new and up-to-date information to "EMİLİANO ZAPATA" without delay. In case of failure to notify, the right to recourse to the "Member" for all direct and indirect damages to be incurred by "EMİLİANO ZAPATA" is reserved.
5.1.5 The "Member" can not transfer this "Membership Agreement" or its rights and obligations under this "Membership Agreement" to any third party in whole or in part without the written consent of EMİLİANO ZAPATA.
5.1.6 It is strictly forbidden for the "Member" to take actions that may threaten the security of the "Portal" or "EMİLİANO ZAPATA" systems and/or harm the "Portal", "EMİLİANO ZAPATA" and other users, to make any attempt that may prevent the "Portal" and other software of the "Portal" from working or other users from benefiting from the "Portal", to put a disproportionate load on the system or "Portal" in a way that gives these results; to access the source codes of the "Portal" or the systems of "EMİLİANO ZAPATA" in an unauthorized way, to copy, delete, change or experiment with this information, to use, try to use software that will prevent the "Portal" from working or to disrupt the operation of all kinds of software, hardware and servers, to reverse engineer, to organize attacks, to engage or otherwise interfere with them, to try to access the "EMİLİANO ZAPATA" servers.
5.1.7 In the light of the information provided within the scope of the PDPL, the "Member" can be contacted through channels such as SMS, internet, letter, telephone, etc. The "Member" has the right to unsubscribe from the membership, to be contacted by commercial electronic message, SMS, e-mail, letter and phone, and to terminate/reject the shipment to you, without giving any reason, with a written notification to be made at any time. In addition, “EMİLİANO ZAPATA” has the right to cancel the membership without giving any reason.
5.1.8. All kinds of actions and transactions that may cause damage to the site software and hardware systems and adversely affect their operation are prohibited. Multiple transactions using automated programs or software, opening membership registrations or sending excessive amounts of requests or information through automated methods, and similar methods are also considered prohibited. EMİLİANO ZAPATA does not have any legal or criminal liability for any and all direct and indirect damages, losses, damages and/or losses that may be incurred by Users, Members or other third parties for any reason, including but not limited to the use of the Site, the use of data and information presented or provided on the Site, the behaviors made on the basis of this data and information or any kind of computer viruses, trojans and similar malware that may be exposed due to access to the Site. The "Member" accepts, declares and undertakes in advance that he/she cannot make any request or claim from "EMİLİANO ZAPATA" under any name due to the aforementioned damages.
5.2. Rights and Obligations of "EMİLİANO ZAPATA"
5.2.1 "EMİLİANO ZAPATA" accepts, declares and undertakes to perform the services mentioned in this "Membership Agreement" within the explanations specified in the "Portal" and the conditions specified in this "Membership Agreement", to establish and operate the technological infrastructure necessary for the provision of the services specified under this "Membership Agreement". The obligation to establish technological infrastructure specified in this article does not mean an unlimited and complete service commitment; "EMİLİANO ZAPATA" may stop or terminate its services and technological infrastructure determined by this "Membership Agreement" at any time without any notice.
5.2.2 "EMİLİANO ZAPATA" provides the Portal and "Services" "As Is" and does not make any claim or commitment that the "Portal" and "Services" are errorless, flawless, uninterrupted, perfect or that the "Member" will meet his/her special needs. "EMİLİANO ZAPATA" may make all kinds of changes, updates and similar works on the "Portal" and as long as the "Member" continues to use the Portal and the "Services", he/she is deemed to have accepted the "Portal" and the "Services" as they are ("As Is"). “EMİLİANO ZAPATA” shall not be liable for any direct or indirect damages, all kinds of pecuniary, non-pecuniary and financial damages such as loss of profit, loss of data, loss of business, loss of reputation, loss of anticipated savings, interruption of business, and any compensation claims that may be made by the "User" or a third party in this context regarding:
(i) The "Member"s use, non-use, misuse of the "Portal" and "Services" or the "Member" 's failure to fulfill its commitments and obligations specified in the "Membership Agreement";
(ii) all hardware, system software/other software and network related function and any faults that may arise therefrom;
(iii) communication network, internet connection, connection errors;
(iv) errors and failures that may occur as a result of all kinds of changes, updates and similar works to be carried out on the "Portal";
(v) voltage fluctuations, battery and power outages, virus transmission and similar factors;
(vi) operating system incompatibilities;
(vii) the occurrence of incompatibilities or errors that prevent the “Member” from using the “Portal”, including but not limited to the foregoing
All kinds of actions and transactions that may cause damage to the site software and hardware systems and adversely affect their functioning are prohibited. Multiple transactions using automated programs or software, opening membership registrations or sending excessive amounts of requests or information through automated methods, and similar methods are also considered prohibited. EMİLİANO ZAPATA does not have any legal or criminal liability for any and all direct and indirect damages, losses, damages and/or losses that may be incurred by Users, Members or other third parties for any reason, including but not limited to the use of the Site, the use of data and information presented or provided on the Site, the behaviors made on the basis of this data and information or any kind of computer viruses, trojans and similar malware that may be exposed due to access to the Site. The "Member" accepts, declares and undertakes in advance that he/she cannot make any request or claim from "EMİLİANO ZAPATA" under any name due to the aforementioned damages.
5.2.3 "EMİLİANO ZAPATA" may use the information such as name-surname/commercial title, phone number, e-mail address, address, business type requested during the stage of becoming a "Member" outside the purpose and scope determined by the "Membership Agreement", subject to the conditions stipulated in the legislation in force and by obtaining additional approvals and explicit consents when necessary, by sms, e-mail, in-site information and similar methods, in order to conduct promotional and informational communication activities, research, marketing activities and statistical analysis or to contact the "Member" when necessary, to conduct researches to improve their processes, to create a database and to conduct market researches, to transfer to the companies with which "EMİLİANO ZAPATA" cooperates, to be processed and used by these companies.
5.2.4 " EMİLİANO ZAPATA" may link to other websites and/or portals, files or content owned and operated by third parties. These links may have been provided by "Members" or for ease of reference only by "EMİLİANO ZAPATA" and do not constitute any kind of verification statement or guarantee for the purpose of supporting the website or operator to which the link is directed or for the website or the information contained therein. "EMİLİANO ZAPATA" has no responsibility for the portals, websites, files and contents accessed through the links on the "Portal", the services or products offered from the portals or websites accessed through these links or the content thereof.
5.2.5 "EMİLİANO ZAPATA" may remove the content that is contrary to the operation of the "Portal", the law, the legislation, the rights of others, the terms of the "Membership Agreement", the protection of personal data, general ethics from access at any time and in any way; "EMİLİANO ZAPATA" may terminate the membership of the "Member" who enters this content without any notice. EMİLİANO ZAPATA may impose additional obligations on the "Member" depending on the changes in the legislation, and these obligations enter into force on the date of publication in the "Portal".
5.2.6 "EMİLİANO ZAPATA" may advertise itself or its customers in all areas to be determined as advertising space in the "Portal".
5.2.7 "EMİLİANO ZAPATA", "EMİLİANO ZAPATA" employees and managers have no obligation to investigate and check the legality, authenticity and accuracy of the content provided by the "Members" and "Users" in the "Portal". However, "EMİLİANO ZAPATA" constantly checks the accuracy of the information presented in the "Portal" at its discretion. However, this situation cannot be evaluated in terms of perfect responsibility. It should be kept in mind that the information provided may lose its up-to-dateness.
5.2.8 The determination of the accuracy and completeness of the information provided during the membership application and the results belong to the "Member". "EMİLİANO ZAPATA" is not responsible in any way for the provision of false or incomplete information.
Due to the determination that the information provided during the application of the "Member" is not sufficient, accurate or up-to-date, or that it is misleading and malicious, the application of the person applying for membership has been rejected in advance, complaints or negative comments are received about the "Member" during the period of membership, and similar reasons; "EMİLİANO ZAPATA" may terminate the membership status of the "Member" by terminating this agreement without any notification and without any compensation obligation. Before the termination of membership, "EMİLİANO ZAPATA" may apply the measures it deems appropriate in order to make the necessary examinations by the authorities of "EMİLİANO ZAPATA".
5.2.9 " EMİLİANO ZAPATA" does not operate as a "Hosting Provider" within the scope of the "Law No. 5651 on the Regulation of Broadcasts on the Internet and the Fight against Crimes Committed Through These Broadcasts" and in accordance with this Law. “EMİLİANO ZAPATA” does not make any representations and warranties in connection with the use of the “Portal”. EMİLİANO ZAPATA also does not assume any responsibility for any delay, interruption or provision of services under the Contract for any reason, including but not limited to maintenance, repair work, technical malfunctions.
6. Privacy Policy
6.1 "EMİLİANO ZAPATA" may use the information about the "Members" in the "Portal" within the scope of this "Membership Agreement" and the Privacy Policy, which is one of the annexes and an integral part of this "Membership Agreement". "EMİLİANO ZAPATA" may disclose or use confidential information of "Members" to third parties only under the conditions specified in the Privacy Policy. The "Member" accepts, declares and undertakes to share contact information in order to communicate about his/her pre-order.
6.2 The data of the "Member", which may constitute personal data and entered into the Portal by him/her, are collected and processed by "EMİLİANO ZAPATA" within the scope of the "Membership Agreement"; for the use of the functions of the "Portal", the provision of services and contents and for the purposes listed above. For detailed information about the Protection of Personal Data, the PDPL page should be visited. “EMİLİANO ZAPATA” may make changes to the Personal Data Protection Policy and other personal data-related policies, procedures, contractual clauses and terms of use at any time. The changes enter into force as soon as they are published on the Portal and become binding for the "Member". The "Member" is obliged to follow these changes and cannot claim any claims or damages from EMİLİANO ZAPATA regarding these changes.
6.3 The "Member" is obliged to use the information accessed within the "Portal" only in accordance with the purposes disclosed by the "Member" or "EMİLİANO ZAPATA" disclosing this information, and accepts, declares and undertakes that it is responsible for the protection, processing, transfer of the Personal Data belonging to the Users or third parties and all obligations within the scope of the PDPL, and that it has no obligation and responsibility within the scope of the PDPL for any personal data other than the personal data that "EMİLİANO ZAPATA" compulsorily collects for the use of the website in its own systems. In the event that the "Member" acts contrary to the obligation to protect personal data or processes, transfers or otherwise processes personal data and this use constitutes a violation; in the event that "EMİLİANO ZAPATA" suffers a loss as a result of the decisions made by the Personal Data Protection Board or administrative authorities or courts regarding personal data; it accepts, declares and undertakes that it will compensate this damage in cash and in lump sum at the first request.
6.4 The "Member" accepts, declares and undertakes that the Law on the Protection of Personal Data No. 6698 and its secondary regulations and the decisions and regulations of the Personal Data Protection Board will be applied in relation to his/her personal data if he/she is a natural person residing in the European Union, that Turkish domestic law will be applied regardless of the conflict of laws rules in all legal problems that may arise, that the European Union Directive No. 95/46/EC and the General Data Protection Regulation (GDPR), which entered into force in the European Union in May 2018, will not be applied, and that waives the application of the conflict of laws rules of the Turkish Code on Private International Civil and Procedural Law.
6.5 The "Member" accepts, declares and undertakes that "EMİLİANO ZAPATA" has no responsibility for the recording, processing, extraction in search results of his/her personal data, which has become public due to his/her "EMİLİANO ZAPATA" membership and/or pre-orders, by Google or other search engines or systems that index similar data, and that "EMİLİANO ZAPATA" has no responsibility for the processing or transfer of his/her personal data in any way and manner in structured systems for indexing or searching by other methods, and that he/she will direct his/her application requests as a data owner to data controller real and/or legal persons, especially Google, which has the title of data controller in the processes related to indexing, other search engines or search systems, indexing systems.
6.6 The "Member" accepts, declares and undertakes that he/she will not disclose his/her sensitive personal data while pre-ordering or using the "EMİLİANO ZAPATA" Portal, and that he/she knows that "EMİLİANO ZAPATA" has no responsibility for the processing of this data if he/she discloses it.
6.7 The "Member" is responsible for the processing and transfer of the data collected from its customers as a data controller in accordance with Law No. 6698, and accepts, declares and undertakes that EMİLİANO ZAPATA has no responsibility in this regard and is responsible for the security measures and all other obligations to be taken within the scope of the Law.
7. Intellectual Property Rights
The information accessed within the “Portal” or provided by users in accordance with the law and all elements of this “Portal” (including but not limited to the “EMİLİANO ZAPATA Database”, “EMİLİANO ZAPATA Interface”, design, text, image, html code and other codes) (collectively referred to as the “EMİLİANO ZAPATA’s works subject to copyright”) are owned by “EMİLİANO ZAPATA” and/or licensed by “EMİLİANO ZAPATA” from a third party.
"Members" do not have the right to sell, process, share, distribute, display or allow anyone else to access or use the services of "EMİLİANO ZAPATA", "EMİLİANO ZAPATA" information and " EMİLİANO ZAPATA" intellectual property and copyrighted works. Except as expressly permitted by "EMİLİANO ZAPATA" in these "Portal" Terms of Use, it may not reproduce, process, distribute or make derivative works from the copyrighted works of "EMİLİANO ZAPATA". With the conclusion of this "Membership Agreement", "EMİLİANO ZAPATA" grants a non-exclusive and non-transferable right of use (simple license) to the "Member" regarding the limited use of the "Portal" within the framework of the terms of the "Membership Agreement" and for the purpose of benefiting from the "Services".
8. “Membership Agreement” Amendments
"EMİLİANO ZAPATA" may, at its sole discretion and unilaterally, amend this "Membership Agreement", its annexes and/or any clause by posting it on the "Portal" at any time it deems appropriate. The amended provisions of this "Membership Agreement" shall enter into force by becoming effective on the date of publication in the "Portal", and the existing provisions shall remain in force and continue to have their provisions and consequences. This "Membership Agreement" cannot be amended by unilateral statements of the "Member".
9. Force Majeure
Except as otherwise provided in this Agreement, neither EMİLİANO ZAPATA nor the Member shall be deemed to be in default in the performance of their obligations under the Agreement if their performance is prevented or withheld due to force majeure. Force majeure means phenomena that are unpredictable and irresistible, without the fault, error or negligence of the aggrieved party, that make the act of a Party temporarily or permanently impossible, or that, even if the act is possible, excessively disturb the balance between the acts to the detriment of a Party. In the event of force majeure, the aggrieved Party shall immediately notify the other Party and notify in writing within 7 days at the latest from the date of the occurrence of the force majeure whether the act has become temporarily or permanently impossible according to the nature of the force majeure or whether the balance between the acts has deteriorated excessively to its detriment.
If the performance of the act has become temporarily impossible due to force majeure, the Party that becomes impossible to perform its act due to force majeure shall (i) make all necessary efforts to eliminate the reason for the failure to perform the act, (ii) perform all of its acts as soon as this reason disappears, until the other Party is released from its contractual obligations until this reason disappears. The Parties agree that if the temporary impossibility of performance lasts more than 30 days, both Parties shall have the right to terminate the Agreement without compensation or any additional obligation.
If the performance of the act has become permanently impossible due to force majeure, in accordance with Article 136 of the Turkish Code of Obligations, the debt shall end due to the impossibility of perfect performance on the date when the performance of the act becomes impossible and legal provisions shall apply.
If a Force Majeure has occurred and the performance of the act has not become temporarily or permanently impossible, but the balance between the acts has been excessively disrupted to the detriment of one party, the Party affected by the force majeure shall first request a negotiation in writing to the other Party in order to re-establish the disrupted balance between the acts, and the Parties shall negotiate on the arrangement of the adaptation conditions between them without resorting to court proceedings. If the process does not result in an agreement within 30 days from the receipt of the relevant negotiation request, it will be possible for the Party whose performance balance is disturbed to request an adaptation by applying to the court. The parties accept and declare that the performance of the money debt will not be impossible.
The Member accepts that in cases where the performance of his/her performance is objectively possible, the additional obligations imposed on him/her due to the amendment of the legislation cannot be considered as force majeure, and therefore it will not be possible to request changes in the provisions of the Agreement.
10. Applicable Law And Authority
In the event that there is a element of foreignness in the implementation and interpretation of this "Membership Agreement" and in the management of the legal relations arising within this "Membership Agreement", Turkish Law shall apply, except for the rules of Turkish conflict of laws. Istanbul Central (Çağlayan) Courts and Enforcement Offices are authorized in the settlement of all kinds of disputes arising or may arise from this "Membership Agreement".
11. Effectiveness:
"Membership Agreement" and the annexes referred to in this "Membership Agreement" and which are an integral part of the "Membership Agreement" and the rules and conditions in the "Portal" have been concluded and entered into force electronically with the electronic approval of the "Member". The invalidity, illegality or unenforceability of any provision of the "Membership Agreement" shall not affect the effectiveness of the remaining provisions of the "Membership Agreement".
The "Member" unconditionally declares and undertakes that he/she has read and understood the contents of this "Membership Agreement" and also the terms and rules published in the "Portal", and that he/she will act in accordance with the "Membership Agreement" and its annexes as a "Member" and all the terms and rules published in the" Portal ".
Annotation: Dear customer,
Electronic Communication Permission Since you have accepted the provisions of the membership agreement and have demonstrated your will to benefit from the membership benefits, it has been necessary to request your permission to provide and present various advantages to you by processing your identity and contact information you share with EMİLİANO ZAPATA and to make all kinds of physical and electronic communication for special advertising, sales, marketing, survey and similar purposes and to send other communication messages.
For membership, it is important that you enter the information requested by you accurately and completely. All necessary measures are taken in the relevant systems and internet infrastructure to ensure the security of the information provided by our esteemed members. EMİLİANO ZAPATA takes the necessary measures to protect personal data against unauthorized access or loss, misuse, formation, disclosure, alteration or destruction of dirty data. EMİLİANO ZAPATA is committed to keeping your personal data confidential, taking all necessary technical and administrative measures, and providing the necessary safeguards for keeping it confidential and secure.
Note: In case of contradiction with the translation of this text, the English text shall prevail.
