1. PARTIES This User and Membership Agreement (“Agreement”) has been concluded electronically between the persons (“Members”) who purchase the products/services of the Company through the https://333chicago.com website (“Platform”) owned by 8300 Callie Ave Morton Grove-IL 60053 located at Lucky Food and Goods LLC (“Company”) and create a membership record on the Internet Site. The Company and the Member will hereinafter be referred to as the “Parties”.

2. SUBJECT and SCOPE The subject of this Agreement is to determine the service to be received by the Member through the Platform owned by the Company and the terms of use and utilization of the products (“Products”) sold on the Platform. 

3. MEMBERSHIP 

3.1. Membership is acquired by completing the membership transactions on the Platform and by accepting this Agreement online. 

3.2. Members must be of legal age. The Company assumes that the members who approve this Agreement are of legal age or, if they are not of legal age, the Agreement is approved by their legal representatives. If the Company determines that the Member is not of legal age or that the legal representative does not approve the membership, it has the right to suspend the membership and terminate this Agreement. 

3.3. The information and personal data provided by the Member through the Platform may be shared with the relevant authorities in accordance with the orders and decisions given by the competent authorities or judicial authorities. Unless there is any confidentiality order regarding this request, the Members will be informed about the disclosure in question. 

3.4. Members are obliged to provide accurate, true and up-to-date information regarding membership transactions. The scope of this information is determined by the Company and may be changed and expanded if necessary. 

3.5. Members are obliged to act in accordance with the applicable law when creating a membership record. Any information, data and comments provided by the Members through the Platform do not violate the rights of other third parties and do not contain profanity, insult or criminal elements. 

3.6. Members may withdraw from membership at any time. In this case, the Member shall notify the Company of his/her wish to withdraw from membership via the Platform and ensure that the necessary procedures are carried out for the deletion of the membership. The deletion of the Member's membership record is subject to the completion of the exit procedures. Until the Member's exit procedure is completed, the Member's debts and obligations arising from this Agreement shall continue. 

4. RIGHTS and LIABILITIES 

4.1. The Member declares and undertakes that the personal and other information provided while becoming a member of the Platform is true and that he/she will immediately compensate and compensate all damages that the Company may incur due to the inaccuracy of this information and/or due to the Member's failure to update it despite changes in the Member's information. In addition, the Member shall be fully responsible for any incorrect payment transactions and deliveries due to incorrect information provided by the Member. 

4.2. The Member shall have the exclusive right to use the password received as part of the membership for the use of the Platform. The Member shall not give this password to any third party. 

4.3. The Member accepts, declares and undertakes to comply with all legal regulations and not to violate the provisions in question while using the Platform. Otherwise, all legal and criminal liability that may arise will be entirely and exclusively borne by the Member. 

4.4. Despite taking the necessary information security measures, the Company will not be held responsible for the unauthorized access of Member information and data and any damages that may occur to Member information and data. 

4.5. The Company is not responsible for any direct or indirect damage that may be incurred due to the use of the Platform by the Member. 

4.6. The Platform may provide links to other websites or applications that are not under the control of the Company, not established, operated or organized by the Company, and may contain references to such sites or applications. The Company is not responsible for the content of such other applications or websites or other links and/or references they contain or the products/services offered by them. These links do not have the purpose of supporting the owner of the linked website or the person operating the said website or any declaration or commitment regarding any information, expression or visual in its content. Similarly, the Company is not responsible for the products, services and other content promoted or promised by the advertisements, promotions or banners on the Platform or provided with links through the Platform. 

4.7. The Member accepts, declares and undertakes that the Privacy Policy accessed through the Platform is a part of this Agreement and that he/she has read and approved the provisions herein. 

4.8. In the event that the Member violates the provisions of this Agreement, the criminal and legal liability arising from the violations belongs to the Member personally. The Member will hold the Company harmless from all damages, lawsuits, demands and claims that may arise due to the violations. In addition; the Company reserves the right to demand compensation from the Member due to the violations in question. 

4.9. The Company has the right to suspend or terminate the Member's membership and delete all information, data, documents and files belonging to the Member at any time without assuming any unilateral responsibility and without having to pay compensation. 

4.10. The copyright and/or all kinds of intellectual property rights related to the general appearance, design and software of the Platform and the text and visual content on the site and all other content, brand, logo, know-how and other elements belong to the Company or are used by the Company under license. 

4.11. In order to ensure the security of Member access, the Member must provide its own virus protection system and provide the necessary protection. In this context, by becoming a member of the Platform, the Member is deemed to have accepted that it is responsible for all errors that may occur in its own software and operating systems (including, but not limited to, spam, viruses, trojans) and their direct or indirect consequences. 

4.12. The terms of this Agreement may be updated by the Company. Such updates will enter into force when they are published on the Platform. 

4.13. The Company may send information and announcements to the Member regarding service promotions, advertisements, campaigns, advantages, surveys and other customer satisfaction applications within the scope of the practices in force and/or to be put into force and in any case in accordance with the applicable law. The personal information and/or consumer behavior information provided by the Member while becoming a member of the Platform and/or through other means in the past and/or to be provided in the future may be collected for the above purposes, used and archived by the Company. Unless the Member notifies otherwise, the Member accepts and declares that he/she allows the collection, use and archive of data by the Company for the purposes set forth in this Agreement to the extent permitted by the relevant legislation, even when his/her membership ends. The Member accepts and declares that he/she will not make any claim claiming that he/she has suffered any damages due to the collection, sharing, use, archiving and access to the above-mentioned information and will not hold the Company responsible. If the Member wishes to change his/her data sharing preferences, he/she shall submit this request to the Company in writing. 

4.14. The non-liability provisions written for the Company also cover the Company employees and partners. 

4.15. The Company does not make any commitments regarding the Platform, such as suitability for purpose, commercial availability, uninterrupted access, etc. The Member uses the Platform as and when it is presented to him/her. 

5. PERSONAL DATA 

5.1. In the event that any personal data belonging to an identified or identifiable natural person (“Personal Data/s”) is transferred to any Party within the scope of this Agreement or access is provided to Personal Data by any Party or Personal Data is processed in any way (“Data Processor”), the Data Processor agrees to (a) process the Personal Data in question in accordance with the Law on the Protection of Personal Data No. 6698 and the relevant legislation (“LPPD Legislation”) and this Agreement and limited to the purpose of the Agreement, prevent unlawful processing and unlawful access to Personal Data, (b) take all necessary technical and administrative measures to ensure the appropriate level of security according to the nature of the Personal Data in order to ensure the preservation of Personal Data, (c) upon the termination of this Agreement, deliver all kinds of media and environments in which the Personal Data is recorded to the data transferring party upon request against signature and subsequently delete and destroy the records in its possession, and destroy the media and environments for which delivery is physically impossible and prepare a report documenting this. and (d) to inform its personnel and, if any, its subcontractor personnel in writing; and that it will be jointly and severally liable for any damages that may occur if its personnel and employees act contrary to this provision. 

5.2. In the event that any Party (“Data Controller”) transfers any Personal Data to the other Party within the scope of this Agreement, the Data Controller irrevocably accepts, declares and undertakes that it has obtained the transferred Personal Data in accordance with the law, the rule of honesty and the principles of good faith, especially the Legislation, that it has fulfilled its obligations arising from the PDP Legislation towards the relevant persons whose Personal Data is processed, that the processing of the said Personal Data by the Data Processor for the purpose of performing the Agreement is permitted, and that it will act in accordance with the provisions of the PDP Legislation during the performance of the Agreement. 

5.3. The Member may transfer the Personal Data belonging to him/herself or other third parties, which he/she has transferred to the Company via the Platform, to the Company's subsidiaries and group companies for the purpose of developing value-added services, keeping track of the User and third parties and developing services and products in line with the demands and needs. It accepts that it may be stored and processed on platforms belonging to its affiliates or group companies. 

6. TERMINATION OF THE AGREEMENT 

6.1. Either the Member or the Company may terminate this Agreement at any time by notifying the other party. 

6.2. However; the termination of the Member shall be carried out by following the termination procedures on the Platform. Termination shall not have any effect on the rights and obligations arising from the Agreement until the termination date and on the provisions that must remain in force due to their nature even if the Agreement is terminated (compensation due to non-compliance, final provisions, etc.). 

7. MEMBERSHIP CONDITIONS 

7.1. By creating a membership record and logging in to the Platform, the Member accepts that he/she has read, understood and is aware of his/her rights and obligations in the Agreement. 

7.2. The Member accepts that he/she has reached a full conclusion that the transactions within the scope of the contract are in his/her own interest and accepts all the terms and regulations with his/her own free will, thinking, willingly and knowingly. 

7.3. The provisions of this Agreement do not contain any unfair terms in accordance with the provisions of the regulation on unfair terms in consumer contracts. The provisions do not constitute a violation of the principle of honesty and good faith and have been prepared in accordance with the consumer protection legislation. 

8. OTHER PROVISIONS 

8.1. Evidence: The parties agree that in the event of a dispute that may arise within the scope of this Agreement, the documents and electronic records belonging to the Company shall be the exclusive evidence for the dispute in question. 

8.2. Company Contact Information: The Company's contact information is as follows: 

Title: Lucky Food and Goods LLC

Address: 8300 Callie Ave Morton Grove-IL 60053

Phone: +1 (708) 312-7573

E-mail: [email protected]