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This Membership Agreement (“Agreement”) is executed between **İstanbul Turizm ve Otelcilik A.Ş.**, located at **Osmanlı Sokak No:9, Taksim-Beyoğlu, Istanbul** (“The Marmara” or the “Company”), and the member (“Member”), and governs the terms and conditions regarding the Member’s registration to the website owned by The Marmara, accessible at **https://www.themarmarachocolate.com** (the “Platform”) and the Member’s use of the products and services offered by The Marmara.
The Marmara and the Member shall hereinafter be referred to individually as a “Party” and collectively as the “Parties”.
The Marmara operates as an electronic commerce service provider in the context of sales conducted via the Platform. Upon approval of this Agreement by the Member, the Member shall be deemed to have also accepted all current and future services, content, features, applications, and Member-related declarations published on the Platform.
Platform: Refers to the website owned by The Marmara at https://www.themarmarachocolate.com through which products and services are offered.
Visitor: Refers to a natural person who visits the Platform without registering as a member.
Member: Refers to a real person who registers on the Platform by accepting the Membership Agreement and purchases products and/or services provided by The Marmara through the Platform.
My Account Page: Refers to the page accessible exclusively via username and password, where the Member can view and update their user information (such as name, surname, contact preferences, e-mail address, address, payment methods, and previous purchases).
3.1. In order to acquire Member status, the user wishing to become a Member must accurately, completely, and up-to-date fill in the required information, approve this Agreement, and enter the verification code sent to their email address within the required time. The user must be at least **18 (eighteen) years old**. The Member accepts that they are solely responsible for any consequences arising from providing incorrect, incomplete, or outdated information. In the event such a situation is identified, The Marmara shall have the right to restrict, block, suspend, or terminate the Member's access in whole or in part. The Member undertakes to immediately update their information in case of any changes. The Member may update their information via the “My Account” section on the Platform or by contacting the call center.
3.2. The Marmara, at its sole discretion and without providing any reason, may reject a membership application or impose additional conditions for approval. Likewise, The Marmara may suspend, terminate or impose additional conditions on an existing membership at any time, without justification.
3.3. The Member account is **personal and non-transferable**. The Member agrees not to allow any third party to use their account. Likewise, the Member shall not use accounts belonging to others.
3.4. The Member shall comply with the terms of this Agreement, the rules of the Platform, applicable legislation, and ethical principles in all actions on the Platform. The Member shall be solely liable for all civil and criminal liabilities arising from any breach of these rules.
3.5. The Marmara may share Member information with authorized authorities upon request in accordance with applicable laws and regulations.
3.6. The username and password required to access the Platform are created by the Member, who is **solely responsible for maintaining their confidentiality and security**. The Member agrees, declares, and undertakes that all transactions made through their account are deemed to have been made by them, and accepts all related responsibilities and liabilities. The Member shall not dispute or avoid any obligations arising from such actions.
3.7. The Member agrees not to use the Platform unlawfully, including but not limited to the following behaviors:
3.8. If the Member uses any part or all of the Platform in violation of this Agreement, applicable law, or ethical rules, The Marmara reserves the right to temporarily or permanently **suspend the Member's access or terminate their membership**.
3.9. Any use of the Platform or its content contrary to the terms of this Agreement or the applicable legislation shall be deemed unlawful. The Marmara reserves all legal rights and remedies in relation to any damage arising from such use. The Member shall be liable for all damages incurred by The Marmara as a result of improper or misuse of the Platform and/or any breach of this Agreement. If The Marmara is required to make any payment due to such misconduct, it shall have the right to seek full recourse from the Member.
4.1. Each Party may terminate this Agreement unilaterally, without providing any reason, and without any compensation or penalty clause, at any time and with immediate effect. In the event of termination, the Parties shall fully fulfill their rights and obligations accrued up to the date of termination.
4.2. If The Marmara determines that the Member acts in violation of the Agreement, applicable legislation or ethical principles, The Marmara reserves the right to unilaterally **suspend or terminate the Agreement**, without prejudice to its right to pursue any legal action or claim.
4.3. The Member may initiate the termination process of their account at any time by accessing the **“My Account”** section on the Platform and following the relevant instructions. This request shall be processed in accordance with the procedures determined by The Marmara. Upon account termination, the Member acknowledges and agrees that they shall **lose all rights and benefits associated with their membership** and that such rights and benefits cannot be transferred to another account.
All intellectual and industrial property rights (hereinafter referred to as "intellectual rights") over the **“The Marmara”**, **“Şekil+M Chocolate”** trademarks and logos, the software and domain name of the Platform owned by The Marmara, all trademarks, logos, and packaging of products belonging to The Marmara, and all other trademarks, slogans and intellectual creations developed by The Marmara, belong **exclusively to The Marmara**.
The Member may not, under any circumstances and without prior written permission, use, copy, reverse engineer, offer for sale, commercialize, develop derivative works from, distribute, reproduce, share, or create adaptations based on any of The Marmara's intellectual property. The Member may not use the software or any of its parts beyond the rights granted.
If the Member violates or causes the violation of any intellectual property rights belonging to The Marmara or third parties, The Marmara reserves all legal rights and remedies, and the Member shall be liable to compensate all direct and indirect damages incurred by The Marmara and/or the affected third parties.
The Member acknowledges and agrees that they are aware they can access detailed information about the personal data processed by The Marmara in connection with membership activities under the section titled **“Customer Information Notice”**. The Marmara reserves the right to update the information texts provided under this section at any time due to operational requirements, practices, applicable legislation, or decisions of competent administrative authorities.
The Member may exercise their rights arising from **Article 11 of the Law on the Protection of Personal Data No. 6698 (“LPPD”)** by sending an e-mail from their registered e-mail address in the system to the address specified in the notice.
6.1.The Member is obliged to ensure that the personal data provided on the Platform is accurate and up to date. The Marmara provides the Member with the opportunity to update their personal data via the Platform and/or through the call center. Unless The Marmara decides otherwise, such updates/changes may be made directly by the Member through the guidance available on the Platform, or by contacting The Marmara.
6.2.The Marmara shall take all necessary technical and administrative measures to securely store the personal data in accordance with **Article 12 of the LPPD** and to prevent unauthorized access and unlawful processing of such data.
7.1.The Marmara reserves the right, at its sole discretion, to unilaterally amend, update or modify this Agreement and any policies, rules, terms and conditions provided on the Platform at any time by announcement/notification. Such amendments and/or additions shall become effective on the date of their publication and/or notification on the Platform unless otherwise stated by The Marmara, without the need for additional approval. All other provisions and rules shall remain in full force and effect and continue to produce their legal consequences. The Member shall be deemed to have accepted such changes and additions by continuing to use the Platform and benefit from the services.
7.2.The Member may not unilaterally amend the Agreement or the rules of the Platform.
In the event of insurrection, embargo, government intervention, rebellion, occupation, war, mobilization, strike, lockout, labor or employer actions including boycotts, cyber attacks, communication breakdowns, infrastructure or internet failures, system maintenance or improvement works and any resulting malfunctions, power outages, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disasters, adverse weather conditions, or other incidents beyond The Marmara’s reasonable control and/or will, and not resulting from its fault and not reasonably foreseeable (“Force Majeure”), if such events prevent or delay the performance of The Marmara's obligations under this Agreement, **The Marmara shall not be held liable for such non-performance or delay**, and such circumstance shall not be deemed a breach of the Agreement with respect to the Member.
9.1.The Member agrees, declares and undertakes that in case of any dispute arising from this Agreement, The Marmara’s official records and commercial books, including but not limited to its electronic records, e-archive data stored on its databases and servers, electronic information and computer records, shall constitute binding, conclusive and exclusive evidence, and that this provision shall be deemed an **evidential contract** within the meaning of **Article 193 of the Turkish Code of Civil Procedure No. 6100**.
9.2.The **Courts and Enforcement Offices of İstanbul (Çağlayan)** shall have exclusive jurisdiction over disputes arising from this Agreement.
9.3.The invalidity, illegality or unenforceability of any provision or expression contained in this Agreement shall not affect the validity or enforceability of the remaining provisions of the Agreement.
9.4.The Member may not assign or transfer this Agreement and/or any of their rights, interests or obligations arising under this Agreement to any third party without the **prior written consent of The Marmara**. Any such assignment or transfer made without such consent shall be null and void. The Marmara may, without requiring the Member’s prior written consent, assign or transfer this Agreement and/or any of its rights, interests, receivables or obligations under this Agreement to its parent companies, subsidiaries, affiliates, business partners and/or third parties.
9.5.The Marmara may exercise any and all rights and powers granted to it under this Agreement and the applicable legislation, jointly or separately.
9.6.This Agreement shall enter into force upon the Member's electronic confirmation after fully reading and understanding each of its provisions.