MEMBERSHIP AND USER AGREEMENT
This Membership and User Agreement is made between the Member ("Member") and Mars Sportif Tesisler İşletmeciliği A.Ş (NUSPA), resident at the address Dereboyu Caddesi Ambarlıdere Yolu No:4 Kat:1 Ortaköy-Beşiktaş/İSTANBUL.
The Company and the Member shall be referred to in this Membership Agreement individually as "Party" and jointly as "Parties".
2. SUBJECT-MATTER OF THE AGREEMENT
The subject matter of this Agreement is the determination of the conditions and the rights and obligations of the parties about the Member's use of the NUSPA website www.nuspa.com.tr (hereinafter referred to as the "Website”).
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. In order to obtain membership status, the user who wishes to become a Member must approve this Membership Agreement on the Website and fill in the information requested here with accurate and up-to-date information and the Membership application must be evaluated and approved by NUSPA.
3.2. The Member acknowledges, declares and undertakes that all of the information declared during the ratification of this Agreement consists of true and real information and that no liability can be attributed to NUSPA in case of incorrect information is shared by the Member. In this respect; the Member accepts, declares and undertakes that he / she has all authority regarding the use of the e-mail address declared during the membership; he/she is responsible for all damages that may otherwise occur; therefore, no liability can be attributed to NUSPA; that he/she is obliged to inform NUSPA immediately if there is any suspicion that the relevant e-mail address is used by third parties, and that any changes in the e-mail address may occur. NUSPA has no obligation to investigate the accuracy of the information and content uploaded, modified or provided by the Member.
3.3. The Member accepts, declares and undertakes that during the use of the site, the Member shall comply with all the terms and conditions of the Membership Agreement, the explanations made in the relevant parts of the site and all applicable legislation, otherwise all kinds of legal, criminal and financial responsibilities that may arise due to unlawful use of these notifications and laws falls onto him/her.
3.4. The Member may not use the Website in any way disrupting public order, contrary to general morality, disturbing others, or for violating the rights of others for an illegal purpose. The member may not act to prevent or make it difficult for other members to use the site, nor can it force or lock servers or databases with automatic programs, and may not engage in misleading fraudulent data. Any legal, criminal and financial responsibility that may arise in case of any contrary behavior belongs to the Member.
3.5. The Member is solely responsible for the confidentiality and security of the passwords and information used to enter the Website. The right of use of such information and passwords belongs to the Member. The Member accepts and undertakes that he/she will not share this information and password with third parties, natural or legal persons and/or other organizations. The Member accepts and undertakes that NUSPA has the right to apply to him/her against all claims and demands to be directed to NUSPA due to the breach of this article by the Member.
3.6. The Member may not use the IP address, e-mail address, user name and other information of another person during his / her access to the Website, nor may he / she access or use other users' confidential information without permission. Otherwise, all legal and criminal responsibility belongs to him.
3.7. The Member shall fulfill the changes and/or corrections requested by NUSPA as quickly as possible. Any damages, legal and penal responsibilities arising or could arise from the failure of the requested changes and/or corrections to be fulfilled by the USER shall be borne entirely by the Member.
3.8. In the event that the Member violates any article of this Agreement, the Member shall be liable for all civil and criminal liability, in which case NUSPA shall have the right to terminate this Agreement immediately and unilaterally, without prejudice to all rights to compensation.
3.9. NUSPA has the right to unilaterally terminate this Agreement at any time and to cancel the membership of the Member. The Member accepts, declares and undertakes that he/she has no objections in this regard.
3.10. NUSPA may at any time modify, update or cancel the terms of this Agreement without notice and/or warning.
3.11. The Member accepted, declared and committed that he/she was responsible for all damages, malfunctions and any consequences that may occur in their software and operating systems due to the use of the Website; and therefore not to claim compensation from NUSPA for any damage that may be incurred.
3.12. NUSPA shall provide such confidential and personal information to the relevant official authority if requested by the authorities and/or in accordance with the provisions of the mandatory legislation in force, where it has to make a statement to the authorities on this matter, it shall do so. The Member accepts, declares and undertakes that he/she does not object to this matter.
3.13. NUSPA reserves the right to modify or terminate the content of the Website and/or any services provided to users at any time, or to add new ones to these services.
4. THE PERIOD OF THE AGREEMENT
This Agreement shall remain in force until the Member terminates, or NUSPA cancels the membership. NUSPA may unilaterally terminate the Agreement by terminating the Member's membership in the event of any breach of any provision of this Agreement.
5. PROTECTION OF PERSONAL DATA
By becoming a party to this Agreement, the Member accepts, declares and undertakes that the data should / would be provided in electronic or other media, with all information provided by the Member on the Website and/or any personal data provided to NUSPA in any manner in the course of the service relationship may be obtained and inherited by NUSPA and by the NUSPA's partners, business partners, successors and/or third parties designated by them, in order to fulfill the obligations set forth in this Membership Agreement, to provide various advantages for the Member and to provide the Member with special advertising, sales, marketing, survey, all kinds of electronic communication, profiling, statistical studies for similar purposes by taking necessary measures to protect the confidentiality of the said data and by complying with the legal principles regarding the processing of personal data by automatic / non-automatic methods. Without breaching Legal periods, it may be recorded, stored, made available, updated, modified, reorganized, classified in written and digital archives in Turkey and/or abroad or may be transferred in the country or abroad and processed in any manner in accordance with other laws, and the NUSPA would enlighten the Member by various means on the various channels and inform about his/her legal rights (consent / approval). NUSPA may, at the request of the competent authorities in accordance with the legislation in force, share the Member's information contained therein with the authorities.
6. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights of any brand, design, logo, title, slogan and all other content created by NUSPA and all rights related thereto are the property of NUSPA. The Member accepts, declares and undertakes that he/she is aware of this fact; that he/she cannot use, share or in any way reproduce the intellectual property rights of NUSPA without the permission of NUSPA; That NUSPA shall refrain from any act that may prejudice intellectual property rights; otherwise NUSPA reserves all right to compensation.
7. AMENDMENT TO THE AGREEMENT
NUSPA may, at its sole discretion, unilaterally amend this Membership Agreement at any time by posting on its Website, without prejudice to the provisions of the applicable legislation. The amended provisions of this Membership Agreement shall become effective on the date of their publication on the Website and the remaining provisions shall remain in force and continue to have their consequences.
8. FORCE MAJEURE
Natural disasters, warfare, fires, decisions taken by the government, and unforeseeable circumstances beyond the control of the Company and resulting in a partial or complete, temporary or permanent stopping of the performance of NUSPA's obligations under the Agreement are considered as force majeure. NUSPA shall not be liable for such situations and is not considered a violation of the Membership Agreement.
9. MISCELLANEOUS PROVISIONS
9.1. The Member accepts, declares and undertakes that in the event of any dispute, NUSPA's books and records (including computer records, microfilm and microfiche) shall constitute valid and exclusive evidence; and that this provision shall be in the nature of an evidence contract withing the meaning of Article 193 of the Code of Civil Procedure Law No 6100.
9.2. NUSPA will communicate with the Member via the email address that the Member has registered while becoming a member, or by making a call to the phone number and sending an SMS. the Member accepts, declares and undertakes that if the Member does not notify NUSPA in writing or via the Internet of any change in his / her e-mail address and/or telephone number, the notification to the e-mail address / telephone number that NUSPA has shall be valid e-mail address / telephone number; that the notification shall be deemed to have been made to the Member; and the Member is liable for any damages caused by the breach of this obligation.
9.3. The Member may not transfer and assign its obligations, rights and receivables arising from this Agreement to a real or legal third party. The Member may not, for any reason, make partner any other real or legal third party in his / her responsibilities, rights and receivables registered in this Agreement and therefore in the relevant legal provisions.
9.4. In the event that any clause or provision is not invalid or enforceable, other clauses and provisions shall continue to apply in full.
9.5. Disputes arising from this Agreement are subject to the Law of the Republic of Turkey and other legislation. Istanbul Çağlayan Courts and the Executive Directorates shall be authorized in the event of any dispute between the parties that may arise due to the interpretation or application of the provisions of this agreement.
9.6 Failure by either Party to exercise one of the rights referred to in this Membership Agreement shall not constitute a waiver of such right or shall not preclude further exercise of such right.
This Membership Agreement, which consists of 9 (nine) Articles, has entered into force between the Parties by being read and fully understood by each Member and ratified by electronic means.
ELECTRONIC COMMERCIAL MESSAGES
I accept, declare and undertake that in accordance with this Agreement, I have notified to Seller, The Seller could send informational and commercial electronic messages to any electronic communication address; And I consent to the sharing of information with third parties for the purpose of sending of those messages through third parties; that I know that the content of the commercial electronic message and other records of the shipment have been recorded by the Seller for submission to the Ministry when necessary; and I was informed by the Seller that if I wanted to stop receiving electronic commercial messages, I have to inform email@example.com by e-mail that I may cancel the receipt of mail and/or SMS by notification.