MEMBERSHIP AGREEMENT

1. PARTIES
This Membership Agreement (“Agreement”); is concluded between KATERINA MODA TEKSTİL SANAYİ VE TİCARET ANONİM ŞİRKETİ (“SELLER”), who is the owner of the website address www.katerinaeksioglu.com and mobile device applications, located at the address of Kavacık Mah. Elbistan Sok. Pekiz Plaza No:5/3 Beykoz Istanbul and; the user (“Member”) who signs up to the website address www.katerinaeksioglu.com and mobile device applications (“Platform”) through the website or the mobile applications by accepting the conditions below, in order to determine the conditions for the Member using the services provided by the SELLER. The SELLER and the Member will be referred to as the “Party” separately and as the “Parties” collectively in this Membership Agreement.
2. DEFINITIONS
Buyer: Refers to natural and/or legal entities who purchase products and/or services from the Platform.
Privacy Policy and Data Protection Notice: It refers to the text that regulates the general privacy policy of the SELLER regarding personal data and the use of cookies, including for what purposes and how the personal data transmitted by the Members through the Platform will be used by the SELLER, the text can be accessed via the https://katerinaeksioglu.com/privacy-policy/ link on the Platform.
My Account Page: Refers to the Member-specific page that can be accessed only with the username and password determined by the relevant Member, where the Member can perform the necessary actions in order to benefit from the various applications and Services on the Platform, by entering his/her personal information and the information requested for the specific application.
Services: Refers to the practices put forward by the SELLER in order to enable the Members to perform the operations and transactions defined in this Membership Agreement.
Seller: Refers to KATERİNA MODA TEKSTİL SANAYİ VE TİCARET ANONİM ŞİRKETİ.

3. Rights and Obligations of the Parties
3.1. In order to gain membership status, the user who wants to become a Member must accept this Membership Agreement on the Platform, fill in the requested information with correct and up-to-date information, and the Membership application must be evaluated and approved by the SELLER. The user who wishes to become a member must be at least 18 (eighteen) years old. With the completion of the approval process, the Membership status begins and thus the Member attains the rights and obligations specified in this Membership Agreement and the relevant parts of the Platform. The Member, who does not provide accurate and up-to-date information while filling out the said Membership Agreement, is personally responsible for all damages that may arise due to this reason.
3.2. In the event that there is a dispute as to whom the Membership rights and obligations belong to and the said persons make a request from the SELLER in this regard, it will be deemed that the last person who paid the SELLER for any Service using the relevant Membership account is the owner of the Membership account, and necessary actions will be taken accordingly.
3.3. The Member accepts and declares that in the event that they wish to initiate a legal proceeding or purchasing process about the advertisements they view on the Platform, they have to fulfill all necessary legal obligations and legal procedures, including those on the Platform, and that the SELLER is not aware or responsible for the said obligations and procedures.
3.4. The Member accepts and states that in the distance sales contracts to be concluded for the purchases to be made from the Seller on the Platform, the Seller is the selling party and he/she is the buying party; that the Seller is personally responsible in every sense within the scope of the current consumer law legislation and other legislation.
3.5. The SELLER shall have the authority to collect the product price for the products to be purchased by the Member.
3.6. The Member declares that he/she accepts that he/she will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Platform, applicable legislation and moral rules in the transactions and correspondences held via the Platform. The legal and criminal responsibility for the transactions and actions carried out by the Member via the Platform, belongs to him/her.
3.7. The SELLER may share the Member’s information with the competent authorities upon the request of the said authorities, pursuant to the current legislation.
3.8. Where disputes arise between Members and/or Sellers regarding fraud, misuse of the Platform, and crimes within the context of the Turkish Penal Code, personal data obtained from Members during their subscription to the Platform and/or while they are shopping via the Platform, may be shared with other third parties that may be a party to the dispute to the extent that it is limited to the requested matter, in order for the parties to exercise their legal rights.
3.9. The username and password information required by the Member in order to access the My Account Page and perform transactions on the Platform is created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The member accepts, states, and undertakes that the transactions performed with his/her own username and password are carried out by him/her, that he/she is responsible in advance for these transactions, that he/she cannot make any claims and/or objections that he/she did not perform the actions and transactions carried out in this way, and/or that he/she will not refrain from fulfilling his/her obligations based on this claim or objection.
3.10. The Member shall not use the Platform in an unlawful and unethical manner, especially in the cases listed below.
· Using the Platform to create, control, update or change a database, record or directory on behalf of any person;
· Using the Platform in whole or in part for the purpose of disrupting, modifying or reverse engineering;
· Making transactions using false information or with another person’s information, creating fake Member accounts by using incorrect or misleading personal data, including incorrect or misleading residence address, e-mail address, contact, payment or account information, and using these accounts in contravention with the Membership Agreement or current legislation, using another Member’s account without authorization, being a party or participant in transactions by impersonating another person or under a false name;
· Using the comment and rating section; for non-Platform purposes, such as posting comments on the Platform outside of the Platform, or for unintended purposes to manipulate systems;
· In the comment section, sharing any content that constitutes a crime, violates or encourages the violation of the website rules, current legislation, or international conventions, that is of illegal or threatening nature, that contains advertisement and/or promotion, that is offensive, that contains insults or swear words, that is insulting, deprecatory, offensive, pornographic, or unethical, that contravenes general public rules, personal rights, intellectual and industrial rights, that creates unfair competition, etc.
· Spreading a virus or any other technology harmful to the Platform, the Platform’s database, any content on the Platform;
· Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by the Platform or harm technical operation, using “screen scraping” software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling on the Platform and unauthorized copying, publication or use of all or part of any content on the Platform, without the prior written consent of the SELLER.

3.11. In the event that the Member uses the Platform in violation of any clause in this Agreement, the SELLER has the right to prevent the Member from using the all and/or any part of the Platform, partially and/or completely. In this context, the SELLER will constantly examine the comments and rating section, and if a comment as specified in the contract is detected, the content in question will not be published on the Platform. The Member accepts, declares and undertakes that the final decision belongs exclusively to the SELLER.
3.12. The Member is obligated to carry out the transactions made on the Platform in a way that does not harm the SELLER financially and the Platform technically in any way. The Member accepts and undertakes to all necessary precautions, including using the necessary protective software and licensed products, so that the Platform does not contain any malware, viruses, software, unlicensed products, trojan horses, etc. The Member also agrees that he/she will not login to his/her Account with robots or automatic login methods.
3.13. It is illegal to use the Platform or the content on it in violation of the terms of use determined by this Membership Agreement or the provisions of the applicable legislation; The SELLER’s related rights to claims, lawsuits and prosecution are reserved.

4. PRIVACY
4.1. The SELLER emphasizes on processing, securing and protecting the personal data provided by the Member to use the platform, in accordance with all kinds of legislation, including Personal Data Protection Law number 6698. In this context, the SELLER can collect, use, transfer, and process the personal data provided by the Member, in accordance with the Privacy Policy located on https://katerinaeksioglu.com/privacy-policy. The Privacy Policy is an integral part of this Membership Agreement.
4.2. By making use of the Services and/or creating an account, the Member expressly and freely consents to the collection, use, transfer and processing of his/her personal data as set forth in the Privacy Policy. For more information on the conditions regarding the use of personal data and your rights in this regard, you can review our Privacy Policy and you can exercise your rights arising from the legislation by sending an e-mail to the info@katerinaeksioglu.com e-mail address.
4.3. Personal data declared by the Member on the Platform, which the Member consents to be shared; are collected, stored, processed, used, and may be shared with third parties pursuant to our contractual relationships, by the SELLER or its business partners, in accordance with the Privacy Policy, for the performance of the obligations determined with this Membership Agreement, for the operation of the applications necessary for the operation of the Platform, so that various promotions may be provided to the Member, for conducting Member-specific advertisements, sales, marketing, surveys, and for conducting all kinds of similar electronic communications, profiling, statistical studies.
4.4. The Member accepts and declares that he/she consents to the use and storage of his/her personal data by the SELLER in this way. The SELLER will take all necessary measures to securely store the personal data in question, to prevent unauthorized access and illegal data processing, in accordance with Article 12 of the Personal Data Protection Law No. 6698. The member has the right to exercise the rights they are entitled to on their personal data pursuant to Article 11 of the Personal Data Protection Law No. 6698, and to make changes or updates to this data at any time.

5. INTELLECTUAL PROPERTY RIGHTS
The SELLER owns the intellectual property rights for “Katerina Ekşioğlu” brand and logo, “Katerina Ekşioğlu” mobile application and Platform’s design, software, domain name and all kinds of trademarks, designs, logos, trade dress, slogans and all other content created by the SELLER in relation to these. The Member cannot use, share, distribute, display, reproduce, or create derivative works from the intellectual property rights of the SELLER or its affiliated companies without written authorization. The Member cannot use the whole or part of the mobile application or the Platform in any other environment without the written consent of the SELLER. In case the Member acts in violation of the intellectual property rights of third parties or the SELLER, the Member is obligated to indemnify all direct and indirect damages and expenses of the SELLER and/or the said third party.

6. AGREEMENT AMENDMENTS
The SELLER, at its sole discretion, can unilaterally amend this Membership Agreement and any policies, terms and conditions on the Platform, including the Privacy Policy, at any time it deems appropriate, by declaring the changes on the Platform, provided amendments are not in contravention with the provisions of the applicable legislation. The amended provisions of this Membership Agreement will become valid on the date they are announced on the Platform, and the remaining provisions will remain in effect and continue to be effective and bear consequences.

7. FORCE MAJEURE
If any riots, embargoes, government intervention, riots, occupations, wars, mobilizations, employer-employee disputes including strikes, lockouts, labor actions or boycotts, cyber-attacks, communication problems, infrastructure and internet failures, system improvement or renovation works, and failures that may occur for these reasons, power outages, fires, explosions, storms, floods, earthquakes, migration, epidemics or other natural disasters or other events that are beyond the control of the SELLER, which are not caused by its fault and cannot be reasonably foreseen (“Force Majeure”), cause the SELLER to delays the performance of its obligations arising from this Membership Agreement or prevent its performance, the SELLER cannot be held responsible for its obligations that are prevented or delayed as a result of Force Majeure, and this cannot be considered as a violation of this Membership Agreement.

8. MISCELLANEOUS PROVISIONS
8.1. Evidence agreement; The Member accepts that in disputes that may arise from this Membership Agreement, the official books and commercial records of the SELLER and the e-archive records, electronic information and computer records stored in the SELLER’s database and servers will constitute binding, final and exclusive evidence and that this article serves an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
8.2. Applicable Law and Dispute Resolution; This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of Istanbul Consumer Arbitration Committees and Istanbul Courts and Enforcement Offices.
8.3. Notification; The SELLER will communicate with the Member through the e-mail address that the Member has stated while registering, or by calling the phone number and sending an SMS. The member is obligated to keep his/her e-mail address and phone number up-to-date.
8.4. Integrity and Severability of the Membership Agreement; This Membership Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Membership Agreement is determined by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, this Membership Agreement shall be deemed severable to the extent that such invalidity, unenforceability or non-reasonability, and other provisions shall remain in full force and effect.
8.5. Transfer of Membership Agreement; The Member shall not be able to fully or partially assign his/her rights or obligations in this Membership Agreement without the prior written consent of the SELLER.
8.6. Amendment and Waiver; Failure of a Party to use or exercise any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the further use or exercise of such right.
This Membership Agreement, consisting of 8 (eight) clauses, has entered into force as of the moment of its approval, after each provision is read, fully understood, and electronically approved by the Member.

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