MEMBERSHIP AGREEMENT

Please read the following agreement carefully before you become a member of our site.

1.           Parties

a)           SULHAN MODA GIYIM SANAYI ve TICARET A.S., which is situated at Silahsor Caddesi No:38 K:5 Bomonti Sisli/ISTANBUL, and which carries out the activities of the website www.exquise.com (shall hereinafter be referred to as EXQUISE).

b)           Any internet user, who becomes a member of the website www.exquise.com website (shall hereinafter be referred to as "the Member").

2.           Subject Matter

This Agreement intends to determine the terms of use of the website www.exquise.com, owned by EXQUISE, by the member.

3.           Rights and Obligations of the Parties

3.1.        The Member hereby represents and warrants that the personal and other information, provided by the her/him/it while signing up to the website www.exquise.com, shall be correct in accordance with the laws, and also that s/he/it shall indemnify any and all damages to EXQUISE due to the fact that such information is contrary to facts.

3.2.        The Member may not disclose the password, provided to her/him/it by EXQUISE, to the other persons or organizations, and the Member shall personally be entitled to use such password. Therefore, EXQUISE shall be entitled to exercise any and all kinds of indemnity and other claims arising from such unauthorized use against any and all liabilities, which may arise, as well as against any and all allegations and claims that may be brought against EXQUISE by the third parties or authorized authorities.

3.3.        The Member hereby acknowledges and warrants in advance that s/he/it shall comply with the provisions prescribed under the statutory regulations during use of the website www.exquise.com, and also that s/he/it shall not act in breach of such provisions. Otherwise, any and all statutory and criminal obligations that will arise shall completely and exclusively bind the Member.

3.4.        The Member may never use the website www.exquise.com in a manner to disturb the public order, and to breach the public morality, and to disturb and harass the other persons, and to breach the other persons' intellectual property and copyright for any illegal and unlawful purposes. Also, the Member may not perform any activity or action (spam, virus, trojan, etc.) that prevents the other persons from use of the services.

3.5.        The ideas and thoughts, which are expressed, specified and used by the Members on the website www.exquise.com, shall completely be personal opinions of the Members, and they shall be attributed to the owner of the opinion. Such opinions and thoughts shall have no interest or connection with EXQUISE. EXQUISE shall not be liable for the damages to the third parties due to the ideas and opinions that the Member will express, and for the damages to the Member due to the ideas  and opinions that the third parties will express.

3.6.        EXQUISE shall not be liable for unauthorized reading of the member data, and for any damage to the member software and data. The Member hereby agrees and acknowledges in advance that s/he/it shall not claim any indemnity against EXQUISE due to any damage that may arise from the website www.exquise.com.

3.7.        The Member hereby agrees and acknowledges in advance that s/he/it shall not access or use the software and data of other internet users without permission. Otherwise, the Member shall fully be liable for the statutory and criminal liabilities arising from such matter.

3.8.        The Member, who acts in breach of one or several of the provisions prescribed hereunder, shall personally be liable for such breach legally and criminally, and s/he/it shall keep EXQUISE free from the legal and criminal consequences of such breaches. Also, EXQUISE shall be entitled to claim for damages against the Member due to breach of the membership agreement in the event that the event is submitted to the field of law due to such breach.

3.9.        EXQUISE shall always be entitled unilaterally to delete the membership of the Member, and to delete any file, documentation and information of the customer. The Member hereby agrees such disposition in advance. In such case, EXQUISE shall assume no liability.

3.10.     The software and design of the website www.exquise.com shall be in the possession of EXQUISE, and any copyright and/or other intellectual property right with respect thereto shall be protected in accordance with the relevant laws, and they may not be used, acquired or changed by the Member without permission. The other companies and their products, as specified on such website, shall constitute the trademarks of their owners, and they shall also be protected under the intellectual property rights.

3.11.     The name and Internet Protocol (IP) address of the Internet service provider used by EXQUISE in order to improve and develop the website www.exquise.com and/or in order to access in accordance with the statutory regulations, and the date and time, on which the Site is accessed, and the pages, which are accessed while being present on the site, and the Internet address of the Website allowing to connect to the site directly may be collected.

3.12.     In the event that the personal information of the Member is requested under any statutory requirement, or that EXQUISE is convinced in good faith that it is required in order to (a) act in compliance with the statutory requirements or to comply with the statutory actions served by EXQUISE, and (b) in order to protect and defend the rights and possession of EXQUISE and the family of the website www.exquise.com, EXQUISE may disclose such personal information.

3.13.     The measures have been taken within the available possibilities in order to make website of EXQUISE free from any virus and similar malicious software. Also, the user is required to supply her/his/its own virus protection system, and to provide the necessary protection for the purpose of ensuring the ultimate security. Accordingly, the member is hereby deemed to have agreed and acknowledged that s/he/it shall be liable for any and all errors, which might occur in her/his/its own software and operating systems due to her/his/its visit to the website of EXQUISE, as well as for any direct and indirect results thereof.

3.14.     EXQUISE shall be entitled to change the content of the site at any time, or to change or terminate any service provided to the users, or to delete the user information and data recorded on the website www.exquise.com.

3.15.     EXQUISE may change, revise or cancel the terms and conditions prescribed under the membership agreement at any time without any prior notice and/or warning. Any provision amended, revised or revoked shall be valid and effective in terms of any and all Members on the date of issue.

3.16.     The parties hereby acknowledge and represent that any and all computer records of EXQUISE shall be considered as the sole and real exclusive evidence in accordance with the Section 287 of the Code of Civil Procedure, and also that such records shall constitute an evidential contract.

3.17.     EXQUISE shall be authorized to send information e-mails to the e-mail addresses of its members and to send information SMSs to the mobile phones of its member, as recorded by it, pursuant to this membership agreement, and the member shall be deemed to have agreed and acknowledged, by approving this membership agreement, that the information e-mails are sent to her/his/its e-mail addresses, and also that the information SMSs are sent to her/his/its mobile phone.

4.           Termination of the Agreement

This agreement shall remain in effect until the member cancels her/his/its membership, or until her/his/its membership is cancelled by EXQUISE. In the event that EXQUISE acts in breach of any provision prescribed hereunder, then the Member may cancel her/his/its membership, s/he/it may terminate the agreement unilaterally.

5.           Settlement of Disputes

Any dispute, which might arise from, or in relation to, or in connection with this Agreement, shall be submitted to and settled by the Courts and Enforcement Offices of Istanbul.

6.           Effect

The membership registration of the Member shall mean that the Member has read any and all the articles provided hereunder, and that s/he/it shall accept the articles provided hereunder. This Agreement has been executed while the Member becomes a member, and it has been entered into force mutually.

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