User Agreement
This contract has been signed by and between Selcuklu Clothing Textile and Accessories San.Tic.Ltd.Sti (“Bad Bear”) which is located in Levent mah. Alt Zeren Sk. No:31 Beşiktaş – Istanbul and www.badbear.com.tr website (“Site”) member (“Member”) under following conditions.
After completing the registration procedures on the Site, the Member may start using the Site by entering his/her e-mail address and password, provided that he/she complies with the terms set forth in this Agreement in the event that the Agreement is concluded on behalf of a legal entity, the person who concludes the Agreement acknowledges, declares and undertakes that he/she is authorized to perform such a transaction on behalf of such legal entity, otherwise (in the event of unauthorized action), he/she is personally responsible for all subsequent/consequence transactions.
The Member agrees that from the moment he or she begins to use the services, he/she will have accepted all the terms of the agreement and these terms shall be binding on him or her.
Bad Bear reserves the right to change the following terms when needed by legislation and or this agreement at its sole discretion, within the information to the member upon the first entry into the Member's account through the Site.
1. Rights and Obligations of the Member
1.1. Bad Bear is an accessible site for anyone. Services provided on the site are free of charge.
1.2. The Member accepts, declares and undertakes that when using the Site, they shall comply with all provisions of the Agreement and the rules specified at the relevant links of the Site.
1.3. When using the services provided on the Site, the Member agrees to abide by all announcements and declarations issued by Bad Bear regarding the Code of Obligations, Turkish Penal Code, Turkish Commercial Code, Law on Intellectual and Artistic Works, Protection of Brand and Patent Rights, Law on Protection of Personal Data, Decree Laws and other relevant legislation provisions, and the services of Bad Bear. The Member shall be liable for all legal, criminal and financial liabilities that may arise due to unlawful use of such notices and laws.
1.4. The member shall indemnify Bad Bear for any damages incurred in breach of the obligations assumed by this Agreement. Bad Bear reserves the right to cancel the Member for any compensation or administrative/judicial fines that the Member may be obliged to pay to public authorities and/or third parties for any breach of the Contract.
1.5. Members may not take any action that would prevent or obstruct other members or visitors for using the Site; lock servers or databases through automated programs, or mislead the data; otherwise, he/she agrees that his/her membership will be terminated and that he/she will accept any legal and criminal responsibility arising from this situation.
1.6. It is the responsibility of individuals to make backups of correspondence with Bad Bear and recommended by Bad Bear. Bad Bear cannot be held responsible for the loss and deletion of correspondence due to not being backed up.
1.7. Bad Bear or any record of a membership account terminated by Member themselves, may be retained by Bad Bear subject to the conditions provided by the Law on the Protection of Personal Data; But Bad Bear is free to delete these records at the end of the membership. The member cannot claim any rights or remedies in relation to deleted records. However, the Member has the right to be informed of personal data concerning him/her. This right may be exercised in accordance with the provisions of paragraph 5 below.
1.8. The member declares and undertakes that the personal and other information given when registering or shopping at the Site is accurate and up-to-date, and that he/she shall indemnify Bad Bear for any damages that may occur as a result of this, in full and immediately.
1.9. The Member shall bear the risks regarding the links provided on the Site (links to different websites) to provide information and convenience to visitors.
1.10. The visual and written content provided on the Site is for personal use only. All rights to text, graphics, photos, videos, animations and sounds on the Site are reserved. Cannot be used for commercial or personal purposes without permission or acknowledgement unless otherwise stated. It is forbidden to post or link any element of the Site to any other channel or website without the permission of Bad Bear.
1.11. The member may not use, resell, share, distribute, exhibit, reproduce, process, create derivative works from, or prepare, in any way, the copyrighted works of Bad Bear on the Site. Otherwise, the Member is liable for all damages that Bad Bear may suffer.
1.12. Copying or use of software developed by Bad Bear in the design and database development of pages is strictly prohibited.
1.13. The Member shall not delete or remove any notes under the copyright, trademark and Intellectual and Artistic Works Law from any material copied from the Site or printed with a printer.
2. Rights and Obligations of Bad Bear
2.1. Bad Bear has the right to cancel all actions, cease the use of Member, terminate member's membership, and immediately terminate this Agreement unilaterally in the following cases:
(a) Information that includes false, irregular, incomplete or misleading information and statements that do not comply with the general code of ethics and that is not in compliance with the laws of the Republic of Turkey are registered on the Site;
(a) Information that includes false, irregular, incomplete or misleading information and statements that do not comply with the general code of ethics and that is not in compliance with the laws of the Republic of Turkey are registered on the Site;
(b) In the event that the works and data on the Site are being copied or used partially or in whole;
(c) In the event that members share their rights with third parties to use information such as the user name, password, which are provided by Bad Bear, the Member shall be directly responsible for any misuse of the password by other persons. Likewise, the Member may not use another person's IP address, e-mail address, username and other information on the Internet, nor may they access or use other Members' private information without permission. The member shall bear all legal and criminal liabilities that may arise from such use.
(d) Use of software that may threaten the overall security of the Site or prevent the operation of the Site or the software used, or undertake operations or strive to obtain, delete or change information;
(e) If Bad Bear determines that the member has harmed Bad Bear by exploiting any defects caused by the Bad Bear campaigns, the sales system or the Site, such as technical, etc. that they may take advantage of unfair advantage, and implement repeated practices;
(f) If the Member violates all of the terms of the Agreement when using or shopping the Website, and any rules and regulations in the relevant places of the Website.
2.2. Bad Bear shall abide by the terms stipulated by this Agreement during the use of the Site, the Bad Bear Membership Agreement below, and the Privacy Policy for the Protection of Personal Data related to Commercial Communication and the Protection of Personal Data located on the Site. However, Bad Bear is obliged to keep the Member information which must be legally kept.
2.3. However, Bad Bear shall not use this data for any commercial purpose other than in its activity. This provision does not prevent the transfer of the agreement to third parties. For the purposes stated above, cookies that can be defined as small data files, which can be registered on the computers of members, are used on the website. These files are industry-standard files available on all shopping sites and used to make Member’s shopping more efficient and secure. You can make changes to your browser if you do not want to use these files, or if you would like to be notified of their use.
2.4. Furthermore, when the Member uses a credit card for the payment of product costs via the Site, they understand that credit card numbers, credit card expiration dates, CVV2 codes, and similar information must be shared with relevant financial institutions for the purpose of performing the transaction.
2.5. Bad Bear has the right to use all restricted information in connection with its marketing activities by anonymizing this information even during the term of this Agreement or after the expiration of the Agreement, subject to applicable legal regulations including this Agreement and the Law on Protection of Personal Data.
2.6. Bad Bear, Member of the Agreement shall be used without any technical failure, and; Endorsement promises that member's information will not be shared with third parties except in case they need to share with third parties in order to accomplish the above stated goals.
3. Transfer, Extent, Duration and Effectiveness
3.1. The member agrees to follow this Agreement from the moment of completion of the registration process, confirming the e-mail address or receiving any service using this system, or ordering. The agreement will automatically be determined with the termination of membership or any termination in the Agreement and without notice.
3.2. If Bad Bear sees it necessary, can cancel the membership and cancel this membership agreement by notifying member.
3.3. Canceling and deleting an account can be done by sending email to [email protected] or by calling 0212 351 20 25 phone number. The user who has finished membership will be denied permission to use the site as a member.
At the same time, if a member wants to leave the e-newsletter, they can always leave the membership at the bottom of the e-newsletter by clicking "If you don't want to hear from us, please click here."
The member will be able to access the website via contact information at the end of the agreement/Site right.
3.4. Bad Bear may make unilateral changes to this Agreement to ensure continuous services committed. Bad Bear's ultimate goal and the service it provides to maintain the same basic record; always, without a reason, a continuous or temporary halt to its unilateral service, including any prices published on the Site, may change or cancel the contents of the service. If Bad Bear see it necessary, it will post the updated membership requirements via the date of update on the site, with member’s first entry into the member’s account via site will be approved by member. Updated membership terms will become effective immediately upon publication on the site, and the use of the site or services will be subject to the new membership terms from then on.
3.5. Different department-specific rules and obligations may be specified at certain locations on the Site. The Member using these sections is deemed to have read and agreed to the relevant rules.
3.6. Member agrees, and represents an informal agreement that Bad Bear may hand over the Agreement to third parties and that it has already authorized the takeover of the Agreement under Article 205 of the Code of Obligations.
4. General Terms
4.1. The validity, interpretation and execution of this Agreement shall be subject to the laws of the Republic of Turkey, and the Central Courts and Execution Offices of Istanbul shall be authorized to settle any disputes that may arise from this Agreement.
4.2. The most up-to-date email address Member notifies or notices Bad Bear is considered the legal notification address for any notification of this Agreement.
4.3. Unless the parties notify the other party within 3 (three) days regarding changes in their current email addresses, the parties agree that notifications to the old email addresses shall be considered valid.
4.4. Any notification using the Member's registered email address will be considered to have reached Member 1 (one) day after the email was sent by Bad Bear.
The Member declares, agrees and undertakes that they have read, understood and accepted all articles of this Agreement and that the information they have provided is correct.