©2023 The Orbit Consulting
Information on Confidentiality Rules, Site Usage Conditions and Terms, Contact Details and your Personal Data This section lays down general terms and conditions of the website’s use, and general rules applicable thereto, legal liabilities and Confidentiality Policies. (theorbitconsulting.com) maintained by Orbit Tekstil A.Ş. shall be hereinafter referred to as the “WEBSITE” and individuals who become members to the WEBSITE upon acceptance of the present confidentiality rules and conditions of use shall be hereinafter referred to as the “MEMBER”. The Website’s current address shall be as stated above and all rules and conditions below shall be separately applicable. Please read the following carefully before you begin to use ORBIT Tekstil A.Ş.’s Online Sales Website (theorbitconsulting.com). If any of terms and conditions provided on this page is not acceptable to you, please do not use the WEBSITE. In case you use the WEBSITE and fill in the form on which your personal data will be provided, this means that you agree with the conditions on this page in advance. The WEBSITE reserves its right to change general and special conditions below at any time at its sole discretion. It is important that when you visit the WEBSITE, you should visit this page as well so that you will get familiar with any potentially changed membership and usage conditions. 1. Usage and Security Rules The WEBSITE is a platform that is open to every one of its members. Services offered for all services shall be free of charge in the Advanced Membership options or unless otherwise is stated. In case of circumstances below, the WEBSITE management may block the Member’s use of the WEBSITE and reserves its statutory rights against individual(s) who are involved in the following attempts or acts: 1.1. Where documents and information that contain wrong, irregular, misleading or incomplete data, or statements that are not in conformity with the general social ethical rules or that are not in agreement with the laws of Turkish Republic. 1.2. To use, or attempt to use, works or contents posted at the WEBSITE for different purposes by copying it in part or in full. 1.3. In case certain details like user name or password assigned to or determined by Members are disclosed to third party individuals or corporations, the Member shall be directly liable for the use of the WEBSITE by third parties in bad faith. Similarly, the MEMBER may not use a third party IP address, electronic mail address, user name or other details on Internet, or may not have access to, or use, private data of other users without any permission. The entire civil and criminal liability that may arise from such use shall be borne by MEMBER. 1.4. In the event that software that would threaten the overall security of the WEBSITE and block the functions of the software in use, this kind of operations are carried out, data are collected, deleted, removed or altered; 1.5. Where the WEBSITE discovers that MEMBER/ User causes damage to the WEBSITE or raises an unfair interest, commits repeated practices by making use of any gap (technical etc.) in the WEBSITE’s sales system, or commits fictitious acts, or makes use of campaigns or sales conditions although it fails to meet those terms and conditions required for them, the WEBSITE shall be entitled to unilaterally terminate the said transactions in addition to all its rights arising from the law and applicable legal provisions, to terminate the User’s membership or to unilaterally the sales agreement with immediate effect. 1.6. Gift vouchers and discounts provided to the MEMBERS over the WEBSITE may not be sold, or may not be exchanged, assigned, shared or transferred in the event that systems in the WEBSITE are used over the Internet; the use of gift vouchers offered for sales online by making use of the WEBSITE’s technical gaps is not permitted. You can use only one gift voucher per shopping. Memberships that are created just to use the gift voucher or to use discounts and/ or non-active memberships may be cancelled at the sole discretion of the WEBSITE. Content Use 2.1. Contents with visual narratives which are used in the WEBSITE are only for personal use. All rights in and over all articles, graphics, photographs, videos and animations in the WEBSITE’s content are reserved. Unless otherwise is stated, they may not be used without permission and without citing source for commercial or personal purposes. It is prohibited to publish any element posted at the WEBSITE at any other channel or web site or to provide link without the WEBSITE’s permission. The WEBSITE is open to any criticism about its business operations, All criticisms directed at the WEBSITE are our property and may be used for marketing purposes. 2.2. Moreover, it is strictly forbidden to copy or use such software, all rights of which belong to the WEBSITE and which are used to design and create a database for these pages. Responsibilities 3.1. Data of the users who visit the WEBSITE (visit duration, time, viewed pages) are all tracked to offer them a better service. These data are shared with such individuals and entities with whom we cooperate with respect to advertisements etc in order to improve WEBSITE services subject to the compliance with the confidentiality principles. The purpose is to ensure that the WEBSITE shall meet requested features and will be developed. 3.2. MEMBER may start to use the WEBSITE by typing electronic mail address and password after he completes registration procedures and approves his electronic mail address on the condition that he shall comply with terms and conditions hereof. 3.3. MEMBER agrees to comply with Turkish Criminal Code, Turkish Code of Commerce, Intellectual and Artistic Works Law, and Decree-laws and legal regulations applicable to the protection of ORBIT and Patent Rights, Turkish Code of Obligations and other applicable legislation as well as any circular and notices that the WEBSITE shall publish in respect to its services. MEMBER shall assume and bear all kinds of civil, criminal and financial liabilities that may arise from compliance with such notices and laws. 3.4. Where obligations set out herein or general rules notified by the WEBSITE are not complied with, the WEBSITE may block the MEMBER’s use of the WEBSITE temporarily or permanently and/ or may cancel the membership. 3.5. MEMBER may not commit any acts that would prevent or render it more challenging for other users to use the WEBSITE nor may he stretch/ lock the servers or databases by uploading automatic programs. It may not attempt any fraudulent act that would mislead data. He agrees that in case of any otherwise act, his membership shall be terminated and he shall assume all civil and criminal liability that may arise from this situation. 3.6. It is the Member’s responsibility to take a back-up of the messages exchanged with the WEBSITE and this back-up is recommended by the WEBSITE. The WEBSITE may not be held liable for lost, deleted or damages messages because of lack of any messages. 3.7.Member may not remove or delete any legends or notices for Copyrights, Commercial ORBIT or any and all Intellectual and Artistic Works Law from any material that may be copied from the WEBSITE or printed by a printer. 3.8. Member may cancel his membership or delete his account online at the WEBSITE. The log-in credentials of a user to log in the WEBSITE shall be cancelled. A user who cancels his membership agrees that this cancellation is not reversible. 3.9. The WEBSITE shall be free to delete or keep all records related to the MEMBERSHIP account which is terminated by the WEBSITE or by MEMBER himself. MEMBER may not claim any rights or compensation for the deleted records. 3.10. Relations between Members or with third parties are under their own responsibilities. WEBSITE shall be in no event a party to or may be held liable for any dispute that may arise as between the Members themselves or from their relations with third parties. 3.11. Risks associated with links posted at the WEBSITE to provide information or convenience to the visitors (links that direct users to different web sites) shall be borne by the visitors. 3.12. WEBSITE shall have the right to use all data associated with a member account for its own marketing operations subject to terms of use, confidentiality rules and applicable legal regulations. 3.13.Specific rules and obligations may be used in specific parts of the WEBSITE. Individuals or entities that use those parts shall be deemed to have accepted these rules in advance. 3.14. The WEBSITE uses Remarketing with Google Analytics, Google Display Network Advertising, DoubleClick Campaign Manager integration or Google Analytics Demographics and Interest Reports services to publish ads online. You can deactivate these services by making use of Google Advertising Settings. For the purpose of collecting data in respect to advertising and optimizing and publishing ads on the basis of past visits to the Website, the WEBSITE uses first party cookies (e.g. Google Analytics cookie) and third party cookies (e.g. DoubleClick cookies) together with third party providers, including Google. Data related to Google’s ads based on interests and third party audience data are used for Remarketing with Google Analytics. We reserve browser/ device type, the operating system in use, referrer URL, IP address and server inquiry time and similar data in order to provide this service. Cookies at our WEBSITE shall be used to provide this kind of permitted Marketing messages and to ensure content optimization. 3.15. MEMBER agrees that he shall be deemed to have accepted all provisions of this participation agreement and that the Agreement shall become effective for him as soon as he starts to make use of the Service. MEMBER shall fully indemnify any and all losses that the WEBSITE may sustain on account of his acts that are in breach of the obligations assumed by him hereunder, and the WEBSITE shall have the right to have recourse to the MEMBER in full for all kinds of compensation and/ or administrative/ judicial fines that it may be ordered to pay to public authorities and/ or third parties on account of his acts Rights and Obligations, Protection of Confidential Information and Personal Data A Confidentiality Policy, rules of which are given below, has been adopted for the confidentiality of the information provided by our MEMBERS and Customers to the WEBSITE and their protection as well as other matters. 4.1. WEBSITE may process the personal data of the MEMBER in a manner limited to or commensurate with the purposes set out in the Membership Agreement and the Information Notice about the Protection of Personal Data. The WEBSITE may transfer Member’s personal data to public bodies, business partners and third parties listed in the Information Notice on the Protection of Personal Data in circumstances that meet transfer terms and conditions, provided that this transfer shall be directly related to the execution or performance of the Agreement. 4.2. The WEBSITE may make unilateral changes to this Agreement without any prior notice to ensure the sustainability of the services committed by it. Member agrees in advance that WEBSITE shall be entitled to unilaterally cease services temporarily or permanently, to change or cancel the contents of the Service at all times without just cause. WEBSITE shall publish revised and then applicable terms of use by updating the date and under the same link, and wherever it deems it necessary, it shall notify them to MEMBER by means of electronic mail. Revised and current terms of use shall become effective from the date on which it is published at the WEBSITE and the use of the WEBSITE or its services shall be subject to the revised terms of use with effect from that time. Where Member posts materials in breach of the terms and conditions hereof at the WEBSITE, his membership may be unilaterally terminated by the WEBSITE without any prior notice. 4.4. Data provided by our Customers to the WEBSITE for membership, product/ service purchases and data updating, including, in particular, confidential data about credit cards and debit cards may not be viewed by other Internet users. 4.5.Where the WEBSITE provides for links to other Web sites, such confidentiality- security policy and terms of use applicable to those web sites shall be valid and applicable for all uses and terms; the WEBSITE shall not be liable for any dispute, moral and material damages and losses that may arise from the use of data by other web sites that members may have access to from our WEBSITE to view advertisements, contents or banners or for other purposes, and accordingly, the ethical principles, confidentiality-security rules, service quality and other practices applicable thereat. Effective date of the Agreement Jurisdiction and Dispute Settlement Istanbul Courts and Execution Offices shall have jurisdiction over the settlement of disputes that may arise from the performance of this Agreement. 7.Notification Addresses 7.1. The WEBSITE does not ask MEMBERS to provide their e-mails in advance. However, electronic mail address that MEMBER notifies to the WEBSITE shall be deemed to be the electronic mail address which shall serve as a legal domicile for all kinds of notices in connection herewith. 7.2. Parties agree that unless either Party gives a notice of e-mail change to the other Party within 3 (three) days in writing, requests to be sent to former e-mails shall be valid and shall be deemed to have been served on them. 7.3. For all notices that the Web site shall send to MEMBER’s registered e-mail address, the notice shall be deemed to have been received by MEMBER 1 (one) day after the e-mail containing is sent by the WEBSITE. You can contact us for advice by using the contact methods posted at the WEBSITE in case you need additional information. MEMBER agrees, represents and undertakes that he has read, understood and accepted all articles set out in this Confidentiality and Terms of Use Participation Agreement and that he confirms the veracity of all data provided by him in connection with himself. ORBIT TEKSTIL A.Ş.
MEMBER shall be deemed to have accepted the terms referred to herein and the Agreement shall become effective as soon as MEMBER completes registration procedures. The Agreement shall automatically become null and void without any further notice upon the termination of membership or in case any of the events leading to termination as listed herein occurs.