Membership Agreement

1. PARTIES

1.1. Pidem Restaurant İşletmeleri Gıda Turizm Turizm İnş. Tic. and San. A.Ş.

(hereinafter referred to as "Pidem")
Tax Office: Maslak Tax Office
Tax Number: 7290534131
Mersis Number: 0729053413100293
Address: Maslak Mahallesi, Büyükdere Caddesi, Spine Tower No:243 Kat:9 Sarıyer, Istanbul
Telephone:
E-Mail:

1.2. Customer

(Hereinafter referred to as "Customer")
Tax Office:
Tax Number:
Mersis / TR Identity Number:
Address:
Phone:
Fax:
E-Mail:

1.3. The parties have accepted the addresses stated above as their legal residence. Unless the party with a change of address notifies the other party in writing, notifications made to these addresses will be deemed valid.

2. DEFINITIONS

2.1. Website: The website with the domain name ....

2.2. Customer: The real/legal person who purchases the services and products offered for sale by Pidem through the website and mobile applications and is a party to the Agreement.

2.3. Agreement: This refers to this Membership Agreement.

2.4. Product: The service or goods selected by the Customer among the options on the website and offered to the Customer by Pidem in the regions where Pidem serves.

3. SUBJECT OF THE AGREEMENT

The subject of the Agreement is the Customer's creating a membership on the website; becoming a member of the ... Program; ordering products from the website, benefiting from the website, and determining the terms of use and determining the rights and obligations of the parties.

4. APPLICATION AND MEMBERSHIP

4.1. The Customer shall fill in the sections required for registration in the "..." form on the website in full and electronically approve it; subsequently, by creating his/her own password, he/she shall complete the membership registration to both the website and the ... program.

4.2. The Customer shall not fill out a separate form to participate in the ... Program; if he/she approves the Membership Agreement electronically, he/she shall automatically become a member of the ... program. By approving this Agreement, the Customer agrees that he/she has read the "... Program Terms of Use" annexed to this Agreement and agrees to comply with these terms. "... Program Terms of Use" can be accessed from the website / ... link.

4.3. The Customer accepts and undertakes that all the information he/she provides while becoming a member of the Application is up to date and truthful, that he/she shall always keep this information up to date, and that he/she shall immediately indemnify all damages incurred by Pidem due to the untruthfulness of this information, upon Pidem's first request.

4.4. The right to use and the obligation to ensure the security of the Customer's password, user name, contact information used by the Customer shall be borne exclusively by the Customer. All legal and criminal liability for damages arising from the loss, theft, or use of the password or Customer membership by third parties for whatever reason shall be borne by the Customer; in this case, the Customer, Pidem cannot make any rights and claims.

5. USE OF THE WEBSITE

5.1. The Customer accepts and undertakes that he/she has read the Agreement and the Preliminary Information Form; that he/she has given the necessary confirmation electronically; that he/she is aware of the liabilities and obligations imposed on him/her by the legislation to which the Agreement is subject.

5.2. By accepting this Agreement, the Customer declares that he/she is over 18 years of age. If it is understood that the Customer is under the age of 18, the Agreement shall immediately terminate automatically without any notification and the membership shall be canceled. Pidem shall not be held liable for any damages incurred by the person who has entered into a contract by declaring that he/she is over 18 years of age.

5.3. Pidem has the right to change or remove from sale the Products, their contents and images on the website at any time.

5.4. Order, Payment, and Delivery

5.4.1. Pidem shall ensure that the terms of performance of the service, including the total price to be paid, are clearly visible to the Customer at the stage of approval of the order by the Customer and before entering the payment information.

5.4.2. If the Customer places an order on the website, the order shall be prepared by Pidem and delivered in accordance with the delivery method chosen by the Customer. The receipt or invoice for the order shall be delivered to the Customer.

5.4.3. Pidem delivers within the coverage areas that can be ordered through the website. The product range may vary according to the delivery address selected by the Customer from the website.

5.4.4. The delivery period stated on the website is an estimated and non-binding period within which Pidem aims to realize the delivery. Pidem cannot be held responsible for not delivering the Product within the targeted period.

5.5. The Product ordered by the Customer through the website shall be delivered to the address specified by the Customer when placing the order, and the address cannot be changed later. In this case, Pidem shall be deemed to have fully and completely fulfilled its obligations; any damages arising from the Customer's late receipt of the Product and any expenses incurred due to the Product being delayed due to the fault of the Customer and/or returning the Product to Pidem due to non-delivery of the Product shall be borne by the Customer.

5.5.1. The sales price of the Product, delivery costs, costs related to transportation vehicles and any other additional fees such as taxes, duties, charges, etc. shall be collected from the credit/debit card or other payment method chosen by the Customer as specified in the Distance Sales Agreement to be made for the sale of the relevant Product.

5.5.2. If the Customer chooses online payment management, he/she enters his/her credit/debit card information into the system for one time only and this information is used in subsequent uses without the need to enter payment information again. Online payment method infrastructure is provided by ........................ Pidem stores the first six digits and the last two digits of the credit/debit card in its systems. The Customer may define more than one credit/debit card or payment instrument on the website and make transactions with the credit/debit card or payment instrument of his/her choice.

5.5.3. The Customer agrees that if the credit/debit card used within the scope of the online payment method is used unlawfully by someone other than the cardholder, action shall be taken in accordance with the provisions of the relevant legislation.

5.5.4. The Customer is obliged not to share the information regarding the credit/debit card or other payment instruments recorded on the website with third parties and not to define this information to the website/applications used by third parties. Otherwise, Pidem shall have no responsibility.

5.5.5. The customer shall be informed in detail on issues such as delivery, payment, return, and right of withdrawal with the Preliminary Information Form and Distance Sales Agreement.

5.6. The Customer agrees to act in accordance with the legislation when using the website. The Customer is obliged to fulfill the obligations in the Agreement; cannot use the website in any way for a purpose that is contrary to public order, general morality, and not in accordance with the legislation or in a way that violates the material and moral rights of third parties; cannot take actions that prevent or make it difficult for Pidem or third parties to use the website (spam, virus, etc.). Otherwise, the Customer accepts and undertakes that all legal and criminal liability shall be borne exclusively by him/her and that he/she shall be solely liable for any damages incurred by Pidem and/or third parties for this reason.

5.7. The Customer agrees and undertakes that no tobacco products and alcoholic beverages are sold through the website in accordance with the relevant legislation and that he/she shall not make any request to obtain them through the website.

5.8. Pidem has the right to suspend, update, or change the validity and terms of use of the promotions/campaigns/gift vouchers published on the website at any time. The Customer is required to review the terms of use of the relevant promotion/campaign/gift voucher before each order to be placed through the website.

5.9. Campaigns on the website can be organized unilaterally by Pidem on an instant, regional, personalized, product or payment option basis.

5.10. The website may link to other websites, electronic applications and/or other content that are not under the control of Pidem and/or owned and/or operated by other third parties. These links are provided for the purpose of providing ease of routing to the Customer, and Pidem has no liability for the linked content. The parties accept and undertake that the privacy and security policies of these sites/applications will be valid in other sites or applications accessed from the website.

6. PERSONAL DATA PROTECTION

You can click on the links below to access the privacy notice and explicit consent text regarding your personal data.

7. TERMINATION

7.1. The parties may terminate the Customer's membership at any time. The Client may terminate his/her membership via the website.

7.2. The Customer may request Pidem to suspend the membership. Suspension of membership means that the Customer shall not be able to log in to the website membership with his/her information until the membership is reactivated. When the membership is suspended, the addresses under the membership and links with payment service providers (linked cards) shall be deleted.

7.3. Pidem may suspend the Customer's membership or terminate the Customer's membership if it is determined or reasonably suspected that the Customer uses the website in violation of the legislation, public order, good faith/morals and the obligations contained in this Agreement. In this case, the Customer shall not have any rights and claims from Pidem.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. Pidem's services, Products; intellectual property rights; trademarks, commercial appearance; all elements including but not limited to website, design, text, recipe, image, visual, HTML code and other codes; all kinds of real and personal rights; all rights to commercial information and know-how exclusively belong to Pidem. The Customer may not use, reproduce, distribute or make derivative works, prepare, reprocess or sell them for any purpose.

8.2. The customer accepts and undertakes that he/she shall not reproduce, copy, distribute, process, sell the pictures, texts, visual and audio images, video clips, files, databases, catalogues, and lists and similar elements subject to intellectual property rights belonging to Pidem and/or other third parties within the website.

9. CONFIDENTIALITY

The Customer agrees and undertakes that during the period this Agreement is in force and indefinitely after the termination of the Agreement, he/she shall not disclose any information and documents communicated to him/her in writing, verbally or otherwise by Pidem to third parties without the written consent of Pidem, without prejudice to the provisions of the relevant legislation; not to use or make available for the benefit of other persons, institutions, and organizations; that it is obliged to ensure the confidentiality of this information; that it will take all kinds of measures to prevent the use of this information by unauthorized persons and to protect it from all kinds of abuse.

10. AMENDMENTS

Pidem may amend the provisions of this Agreement and its annexes at any time, unilaterally, by announcing them on its website.

11. FORCE MAJEURE

The parties agree and undertake that Pidem shall not be held liable for late or incomplete performance or non-performance of its obligations under this Agreement in cases where Pidem may objectively prevent or delay the fulfillment of its obligations, including but not limited to weather, transport interruption, infrastructure and internet failures, fire, earthquake, flood, other natural disasters and extraordinary events such as epidemics, turmoil, war, widespread acts of violence, strikes or regulations of official authorities.

12. CONTACT

For all questions regarding the order, the customer can contact the customer service through the following channels:

Address: ...
Telephone: ...
E-Mail: ...

13. COMPETENT COURT / APPEAL AUTHORITY

13.1. Turkish Laws shall apply to resolve any disputes that may arise in the application and/or interpretation of this Agreement.

13.2. In case of dispute, if the price of the service is within the monetary limits determined by the Ministry of Customs and Trade every year, the Provincial or District Consumer Problems Arbitration Committees in the place where the above-mentioned address of Pidem is located; If above, Istanbul Çağlayan Courts and Enforcement Offices are authorized.

14. EVIDENCE AGREEMENT

The Customer accepts and undertakes that Pidem's official books and commercial records, electronic information, computer, and voice recordings kept in its database and servers shall constitute evidence in any dispute that may arise from the Agreement; this article is an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

15. MISCELLANEOUS

15.1. The Agreement has been issued in accordance with the legislation. The Parties accept and undertake that they are aware of the responsibilities and obligations imposed on them by the Agreement and the legislation to which the Agreement is subject.

15.2. The Agreement shall enter into force upon the Customer's electronic approval of the "I have read and accept the Membership Agreement" option on the website.

15.3. All correspondence between the parties shall be made through the website. Any amendment to the Agreement is possible with the written agreement of the parties.

15.4. Annexes are an integral part of the agreement.

ANNEX: ... Terms of Use
This Agreement consists of 15 articles and has been issued and approved electronically between the Parties.