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MEMBERSHIP AGREEMENT
Article 1 – Parties
This Membership Agreement (“Agreement”) is executed in electronic form between Six Zero Tekstil Sanayi ve Ticaret Anonim Şirketi (“Company” or “Six Zero”), located at Savaş Mah. M. Çakmak Cad. Güzel İşhanı Sitesi No:58/41 İskenderun/Hatay, and the persons (“Member(s)”) who become members of the internet site operated by the Company, namely Six Zero at the address www.sixzero.com.tr (“Website”). Hereinafter, the Company and the Member shall be jointly referred to as the “Parties.”
Article 2 – Subject of the Agreement
The subject of this Agreement is the determination of the terms and conditions for using the Website and the membership, within the scope of any products or services that the Member acquires via the Website.
Article 3 – Formation of the Agreement
The Member acknowledges that they have read and understood the Agreement and are fully aware of their rights and obligations.
The Parties acknowledge that there is no disproportion among the mutual obligations agreed in the Agreement and that the obligations of both Parties conform to the nature of the matter. They also confirm that neither Party is inexperienced in the transactions covered by this Agreement.
The Member declares that they have concluded that the transactions under the Agreement are in their best interest, and that they will comply with all the terms of the Agreement of their own free will, without facing any difficulty or distress, fully consciously and voluntarily.
The Parties accept that none of the provisions of the Agreement may be considered an unfair term, and that there is no imbalance between their respective interests.
The provisions of this Agreement do not contain any unfair terms under the Regulation on Unfair Terms in Consumer Contracts. These provisions do not violate the principles of honesty and good faith and are prepared in accordance with consumer protection legislation.
The provisions of this Agreement have also been prepared by taking into account the relevant provisions of the Turkish Code of Obligations. The Member has performed the bindingness and content review contemplated in Article 21 of the Turkish Code of Obligations. None of the provisions of this Agreement are foreign to the nature or the essence of this Agreement (no “surprising terms”). The provisions of this Agreement are written in clear and understandable language and do not bear multiple meanings.
Article 4 – Membership
4.1 Membership is obtained upon the completion of the membership procedures on the Website (and the execution of this Agreement).
4.2 The Member hereby declares that they are at least 15 years of age (or older) and that they have understood and accepted these conditions for the purpose of acquiring membership under Article 4.1. Provided that the Member is at least 15 years of age and has the capacity of discernment, in the event that the Member is under 18 years of age, the Member must use the Website only under the supervision of a parent or legal guardian, and in this regard, the Member declares that their parent or legal guardian has reviewed and accepted the Agreement.
4.3 Members are obliged to provide correct, true, and current information in connection with the membership procedures. The scope of such information is determined by the Company and can be altered or expanded if necessary. These details, once shared, can always be changed or updated by the Member. To maintain membership status, the Member must provide all the data in the information list and update their information if any changes occur.
4.4 The Company may share the Member’s information with the relevant official authorities solely to the extent of and for the purpose of complying with regulatory or enforcement actions by official authorities or judicial decisions.
4.5 If a Member chooses to use a nickname (user name) while completing the membership procedures, such nickname must not violate the applicable legislation or public morals; it must not contain insults, vulgarity, abusive, degrading, or defamatory expressions that infringe upon personal rights.
4.6 Members may terminate their membership at any time. Any rights and obligations arising under this Agreement up to the date of termination and any provisions which must remain in force due to their nature (compensation for breaches, final provisions, etc.) will not be affected by such termination.
Article 5 – Rights and Obligations of the Parties
5.1 The Member represents and undertakes that the personal and other information they provide while subscribing to the Website is accurate, and that they shall promptly indemnify all losses incurred by the Company as a result of information that is untrue or inaccurate and/or changes in Member information that are not updated.
5.2 The right to use the password obtained by the Member within the scope of membership for accessing the Website belongs exclusively to the Member. The Member shall not share this password with any third party. The Member assumes full legal and criminal liability for the use of the password and other access tools (such as user name) used to access the Website.
5.3 The Member may not transfer their membership to any other person.
5.4 In using the Website, the Member agrees, declares, and undertakes to comply with all applicable legal regulations and not to violate such provisions. Otherwise, all legal and criminal liability arising shall rest exclusively with the Member.
5.5 The Member may not use the Website in any way that disrupts public order, is contrary to public morals, is disturbing or harassing to others, is for an unlawful purpose, or infringes on another person’s intellectual or copyright. Furthermore, the Member may not engage in any actions (spam, viruses, Trojan horses, etc.) that prevent or complicate other people’s use of the services or threaten the security or operation of the Website or its software.
5.6 Any opinions, ideas, images, messages, comments, and expressions declared on the Website by Members are solely the personal opinions and comments of the Members themselves, and the consequences thereof fall exclusively on the Member in question. These opinions, images, comments, messages, and thoughts have no connection with or relation to the Company. The Company has no responsibility for damages that might be suffered by the Member due to opinions, images, comments, or messages shared by third parties, nor for damages that might be suffered by third parties due to opinions, images, comments, or messages shared by the Member.
5.7 The Company shall not be held liable for any unauthorized access to Member data and information or any damages to Member data and information in the event that such information is obtained by unauthorized persons, despite the Company’s taking of necessary data security measures.
5.8 The Company shall not be liable for any direct or indirect damages that may be incurred as a result of the Member’s use of the Website.
5.9 Six Zero may provide links on the Website to other websites or applications that are not under the Company’s control, not established, operated, or arranged by the Company, and may include references to those sites or applications. The Company is not responsible for the content or links/references contained on such websites or applications, or for the products/services they provide. These links do not constitute any endorsement of the owner or operator of the linked website, nor do they represent any warranty or undertaking about any information, statement, or image on them. Likewise, the Company is not responsible for any product, service, or other content advertised or promoted by advertisements or banners on or connected through the Website.
5.10 The Member may not transfer the user profile they have created to any third party or allow a third party to use it. Members may not transfer their rights and obligations under this Agreement to any third party without the Company’s consent. The Company may assign its rights and obligations under this Agreement to third parties.
5.11 If the Member violates the provisions of this Agreement, the legal and criminal liability arising from such violations belongs solely to the Member. The Member shall hold the Company harmless from all losses, lawsuits, demands, and claims that may arise due to such violations. Moreover, the Company reserves the right to claim compensation from the Member for such violations.
5.12 The Company has the right, at its sole discretion, without assuming any liability and without being required to pay any compensation, to suspend or terminate the Member’s membership at any time and to delete all information, data, documents, and files of the Member.
5.13 The Website’s general appearance, design, and software, and all text, visual content, and other content on the site, as well as the trademarks, logos, know-how, and other elements, are the property of the Company or are used under a license obtained by the Company. These materials cannot be used, acquired, altered, copied, or reproduced in any manner whatsoever without the written permission of the Company. The accessibility of the Website content, under conditions provided by the Company, does not grant the Member any intellectual or industrial property rights or any right of ownership or power of disposition.
5.14 The Website is protected against viruses and other malicious software within existing means. However, the Member must provide their own virus protection system and ensure the necessary protection for ultimate security. In this regard, by becoming a member of the Six Zero Website, the Member acknowledges that they are responsible for all errors and their direct or indirect consequences (including but not limited to spam, viruses, Trojan horses) that may occur in their own software and operating systems.
5.15 The Company reserves the right to modify, discontinue, or terminate any service, privilege, or Six Zero products provided to Members and to delete at any time any user information or data stored on the Website.
5.16 The Company may update, amend, or repeal the provisions of this Agreement at any time, without any prior notice or warning. Any updated, amended, or repealed provision shall be effective for the Member on the date of publication.
5.17 It is the Member’s responsibility to ensure the network access required to benefit from the service. It is the Member’s responsibility to provide and update the appropriate software and devices needed to access the Website. The Company does not guarantee or undertake that the Website will function with any specific device or software, or that the functions of the materials will be uninterrupted or error-free. The Company does not assume liability for any problems the Member may experience due to interruptions in accessing the Website caused by technical issues.
5.18 The liability exclusions in this Agreement also extend to the Company’s employees and shareholders.
5.19 Unless the Company gives prior approval, it is prohibited for the Member to link in any way to another website, website content, or any data on the network in any action performed through the Website.
Article 6 – Termination of the Agreement
6.1 The Member and the Company may terminate this Agreement at any time.
6.2 Any rights and obligations arising under this Agreement up to the date of termination and any provisions which must remain in force even if the Agreement is terminated (compensation for breaches, final provisions, etc.) shall not be affected by such termination.
Article 7 – Final Provisions
7.1 This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Turkey.
7.2 The İskenderun Courts and the İskenderun Enforcement Offices in Istanbul [ Translator’s note: The text says “İskenderun Mahkemeleri ve İstanbul İskenderun İcra Daireleri,” which appears to refer to İskenderun Courts and İskenderun enforcement offices; however, “İstanbul” is also mentioned. This may be a typographical or jurisdictional reference in the original text.] have jurisdiction for the resolution of any disputes arising out of or in connection with this Agreement.
7.3 In the event of disputes that may arise within the scope of this Agreement, the Parties accept that the Company’s documents and electronic records shall constitute conclusive evidence in relation to the relevant dispute.
7.4 Company Contact Information: The Company’s contact details are as follows:
7.5 Transactions carried out on the Website that qualify as declarations of intent shall be deemed binding declarations of intent for the Parties under the Turkish Code of Obligations, consumer legislation, and other applicable laws in force.