Membership Agreement
PARTIES
This Membership Agreement (“Agreement”) is entered into between Shaya Kahve Sanayi ve Ticaret A.Ş. (hereinafter referred to as the “Company”) holding the right to use the website www.starbucks.ge and related mobile application (“Mobile Application”) with its registered office at Saray Mah. Siteyolu Sk. No:5/4 Anel Plaza Ground Floor, Ümraniye/Istanbul, and the internet user who has registered as a member of the Website/Mobile Application (“MEMBER”).
SUBJECT MATTER OF THE AGREEMENT
The subject matter of this Agreement concerns the membership programme established by the Company for the members of the Shaya Kahve membership program, with the aim of providing general and specific advantages, such as campaigns, promotions, marketing initiatives, and discounts, via the Shaya Kahve Website/Mobile Application. This Agreement has been drawn up to define the terms and conditions regarding the use of the Website/Mobile Application and membership between the Company and the MEMBER, as well as to set out the conditions for benefiting from the membership.
RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 The MEMBER agrees and undertakes to comply with all legal regulations and not to breach such provisions while using the Website/Mobile Application; otherwise, they are entirely and exclusively responsible for all legal and criminal liabilities that may arise.
3.2 The MEMBER shall not engage in any activities (such as spam, viruses, etc.) or transactions on the Website/Mobile Application that prevent or complicate others’ use of the services.
3.3 The MEMBER can not use the Website/Mobile Application in any way that disrupts public order, violates general morality, disturbs and harasses others, infringes on the intellectual and copyright rights of others, or for any illegal purpose.
3.4 The ideas and thoughts declared and expressions used by the MEMBER on the Website/Mobile Application are exclusively the MEMBER’s own personal ideas and comments, and only the MEMBER is responsible for the consequences of these ideas and comments. These views and thoughts have no relation or connection with the Company. The Company shall not be liable for any damages that third parties or institutions may suffer as a result of the ideas and views declared by the Member.
3.5 The MEMBER declares and undertakes that the personal and other information provided while registering as a MEMBER on the Website/Mobile Application is accurate, and that they will immediately and fully compensate the Company in cash for all damages the Company may incur due to the inaccuracy of this information.
3.6 The right to use the password obtained by the MEMBER from the Website/Mobile Application exclusively belongs to the MEMBER. The MEMBER may not disclose this password to any third party. All legal and criminal liability regarding the use of the password belongs to the MEMBER.
3.7 The Company shall not be held liable for the unauthorised access to the MEMBER’s data or for any damage that may be caused to the MEMBER’s software and data. The MEMBER has agreed in advance not to claim compensation from the Company for any damage they may suffer due to the use of the Website/Mobile Application.
3.8 The MEMBER agrees not to access or use the information and software of other internet users without permission. Otherwise, all legal and criminal responsibility arising from this completely belongs to the MEMBER.
3.9 The Company may use the personal information of the MEMBERS within the scope of efforts to determine their special preferences and interests for the purposes of providing better service to MEMBERS, improving its products and services, facilitating the use of the Website and Mobile Application, planning activities aimed at customer satisfaction and/or experience, and carrying out personalised marketing.
3.10 The Company reserves the right at any time, at any time and unilaterally without assuming any liability, to suspend or terminate a MEMBER’s membership and to delete all data, documents and files belonging to the MEMBER.
3.11 All intellectual property rights regarding the Website/Mobile Application design and software, as well as the text and visual content of the products, are owned by the Company and cannot be used by the MEMBER without the written permission of the Company.
3.12 For the purpose of improving and developing the Website/Mobile Application and/or within the framework of legal regulations, the Company may collect, process, and use for lawful purposes certain information such as the name and Internet Protocol (IP) address of the Internet service provider used to access the site, the date and time of access, the pages accessed while on the site, and the Internet address of the Web site that enabled a direct connection to the site.
3.13 Measures have been taken, within the limits of available resources, to ensure that the Company’s Website/Mobile Application is free from viruses and similar malicious software. Furthermore, to ensure ultimate security, the user must procure their own virus protection system and provide the necessary protection. In this context, by accessing the Website/Mobile Application, the MEMBER is deemed to have accepted that they are responsible for all errors that may occur in their own software and operating systems and their direct or indirect consequences.
3.14 The Company holds the right to change the content, design, and software of the site at any time, to change, pause, or terminate any service provided to users, and to delete user information and data registered on the website/Mobile Application at any time.
3.15 The Company may update, change, or repeal the terms of this Agreement at any time without the need for prior notice and/or warning in any form. Every updated, changed, or repealed provision will be binding for all MEMBERS on the date of its publication.
PROVISIONS REGARDING PERSONAL DATA
4.1 The Company, as the data controller, carries out data processing activities within the scope of membership in accordance with the Law of Georgia on Personal Data Protection, with the methods and purposes specified in the Privacy Policy located on the Shaya Kahve Website/Mobile Application. Detailed explanations regarding the data processing activities carried out by the Company within the scope of membership transactions are included in the Privacy Policy.
4.2 The MEMBER may apply to the Company using the request methods included in the Privacy Policy to obtain detailed information regarding their personal data being processed and to exercise their rights and make requests under the Law of Georgia on Personal Data Protection.
4.3 The Company sends direct marketing communications to Members who have given explicit consent, for the purposes of campaigns, discounts and product promotions. Even if a rejection request regarding our direct marketing communications has been transmitted by changing communication preferences, communication permissions may be reactivated or updated via the “My Notification Preferences” page on the Website or Mobile Application, and the Member may continue to receive direct marketing communications.
TERM AND TERMINATION OF THE AGREEMENT
5.1 This Agreement shall remain in force until the MEMBER cancels their membership or their membership is canceled by the Company.
5.2 Each of the parties may terminate this Agreement at any time by giving unilateral notice to the other party.
RESOLUTION OF DISPUTES
Georgian legislation shall apply to the resolution of any dispute arising out of or in connection with this Agreement, and the Courts of Georgia shall be authorized to resolve such disputes.
ENTRY INTO FORCE
The MEMBER’s registration as a member is effected upon the MEMBER reading and accepting all the provisions set out in this Agreement. This Agreement has been concluded and entered into force at the moment the MEMBER becomes a MEMBER.