MARLIA WEBSITE TERMS OF USE AND MEMBERSHIP AGREEMENT

Ownership of the Website, Use, Acceptance of Terms of Use

The sole and authorized legal owner of this website (“ Website ”), which offers various products, services and content and is accessible electronically by Özaktaç İç ve Dış Tic. A.Ş. (“ Özaktaç ”), which operates as the legal owner of the Marlia brand, is Özaktaç. The right to use and dispose of the Website belongs to Özaktaç.

Özaktaç has the right to change, renew, modify, make any arrangements (additions, deletions, etc.) to the Terms of Use and Membership Agreement (“ Agreement ”) of this Website at any time. All such changes, renewals, modifications and arrangements will be published on the Website and will become valid as of the date of publication. The responsibility for checking these changes, renewals, modifications and arrangements belongs to the user who visits the Website with or without making a purchase (“ User ”) and to real and legal persons (“ Member ”) who have filled out the membership form completely and whose membership has been accepted by Özaktaç.

By using this Website, every real and legal person who accesses it is deemed to have accepted the terms and conditions of the Agreement. Özaktaç has the right to change, renew, modify and edit the products and services offered on this Website, the content of the Website and to pause and/or stop the publication of all or part of the Website. In addition, if the User and the Member continue to visit the Website after the changes, renewals, modifications and arrangements made on the Website are published, the User and the Member will be deemed to have accepted all these changes, renewals, modifications and arrangements.

The User and Member will be able to benefit from the right to visit and use this Website as long as they comply with the terms and conditions of the Agreement.

Content and Copyright

The owner of this Website is Özaktaç. The pictures, writings, brands, information, slogans, texts, logos, music, graphics, trademarks, computer codes, visual interfaces and user interfaces, programs that ensure the protection of information on industrial rights and intellectual property rights, the expression, coordination, selection, arrangement of all these, the page layouts of the Website, the design and presentation of the Website, including but not limited to these, belong to Özaktaç or third parties who have granted permission and licenses to Özaktaç, and they are protected within the scope of trademark and patent legislation and other relevant intellectual property rights, including copyright, competition laws and other legislation.

The images, writings, brands, information, slogans, texts, logos, music, graphics, trademarks, computer codes, visual interfaces and user interfaces, videos, catalogs, lists, any section and content of the Website, the information on the Website, the database related to the pages of the Website, all kinds of codes including html codes cannot be partially or completely copied, published, reproduced, modified, coded, exhibited, displayed, uploaded, sent for any purpose and in any way (e.g. using electronic tools and/or media), sold or distributed unless otherwise expressly stated in the Agreement.

The intellectual property rights of Özaktaç and relevant third parties are reserved for all services and products, copyrighted works, information, trademarks and all content downloaded from this Website.

Services

Özaktaç provides electronic commerce services to Users and Members who approve this Agreement and act in accordance with its terms and conditions through the Website, in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and related legislation. In this context, Özaktaç enables its relevant Users and Members to benefit from services such as viewing the products on the Website, creating an account for product orders, placing orders, and changing their orders, which are not limited to a number of services.

User Content

User Content refers to all kinds of messages, including comments and opinions, written on the Website by Users and/or Members, and photographs and/or videos uploaded to the Website. User Content is accepted if submitted in accordance with the terms and conditions of the Agreement.

Each person sharing User Content on the Website accepts, declares and undertakes that such User Content will be lawful and morally correct and accurate, will not violate the applicable legal regulations, the terms and conditions of this Agreement, all other policies and rules of Özaktaç and will not facilitate the violation of these, will not violate any rights of third parties, including but not limited to privacy, advertising, trademark and copyright, and will not cause any material and/or moral, direct and/or indirect harm to any real or legal person.

Each person who shares User Content on the Website acknowledges and declares that he/she has not gained any material and/or moral benefit from any third party for sharing this User Content and that he/she has not shared the User Content in return for money.

User Content must contain language that is in accordance with common decency and morality; it cannot contain inappropriate expressions, images and/or sounds such as threats, insults, obscenity, etc. User Content cannot have political or commercial purposes, cannot promote any person and/or institution/organization, cannot contain mass mailings, any viruses, chain letters or spam. Every person who shares User Content on the Website is deemed to have accepted all these matters.

Özaktaç is authorized to use, modify, copy, publish, reproduce, delete, adapt and translate any User Content shared on the Website.

The person sharing the User Content accepts and declares that he/she has no expectation regarding the confidentiality of the User Content, that Özaktaç and/or third parties may contact him/her regarding the User Content he/she shares, that the User Content may be used for any legal purpose, and that Özaktaç has no obligation to respond to any User Content.

All kinds of responsibilities arising and/or to arise from User Content belong to the person sharing the User Content, and Özaktaç has no interest or responsibility regarding the User Content. Özaktaç is not obliged to monitor the compliance of User Content with the law, general morality and etiquette, and applicable legislation. The person sharing User Content accepts, declares and undertakes to indemnify Özaktaç for all kinds of claims, demands, liabilities, damages, and expenses, including attorney fees, that may be brought against Özaktaç. The person sharing User Content, User, Member and other third parties accept and declare that Özaktaç has the right to monitor, review and remove all kinds of User Content, especially User Content that Özaktaç, in its sole assessment, determines to be harmful to itself, the User, Member and other third parties, regardless of whether it violates the terms and conditions of this Agreement or not, without the need to show any reason.

General Provisions

Özaktaç carries out the necessary checks to ensure that the information provided on the Website is accurate and up-to-date. Despite this, the information provided on the Website may sometimes not reflect actual changes and may lag behind them. In addition, the current status of the products and services offered by Özaktaç and the status on the Website may sometimes differ. The User and Member accept and declare that Özaktaç does not make any explicit or implicit commitment or guarantee regarding the accuracy, conditions, up-to-dateness, quality standards, and suitability for the purpose of the information available on the Website, as well as the impact of these on other information, products and services on the Website.

The User and the Member accept and declare that the information, files and documents on the Website that are suitable for downloading and/or sharing on their own devices may not be free from any code and/or material with the purpose of causing harm, including but not limited to viruses, trojans, worms, spam, spyware, and that the Website and Özaktaç do not provide any guarantee in this regard; that the accuracy of the data input and output of such materials, codes and programs with the purpose of causing harm, and meeting all kinds of software and hardware requirements necessary for recovery in case of data loss, and performing the necessary maintenance, control and updates are the sole responsibility of the User and the Member; that Özaktaç is not responsible for any data loss, data errors and damages caused by these, which have occurred and/or may occur due to any materials, codes and programs with the purpose of causing harm, and any damages that may occur to the User, Member and/or third parties due to these reasons.

The User and Member accept, declare and undertake that Özaktaç has no responsibility and cannot be held responsible in any way for any unlawful acts including, but not limited to, any interruptions, errors, data loss, loss, deletion, disruptions in transactions and communication, delays, errors, viruses, theft, destruction of all kinds of documents, information and records, unauthorized access to documents, information and records, unauthorized changes to documents, information and records or unauthorized use of these, which have occurred/may occur due to any reason including negligence, intent, tort.

Özaktaç and its partners, managers, employees, business partners (e.g. institutions it cooperates with), affiliates, subsidiaries do not accept any responsibility regarding the services and published content provided by third parties on the Website. The User and Member accept and declare that the relevant third parties are fully responsible for the services provided by third parties, the information and content provided and published by these persons, all kinds of audio and visual images, their legality and accuracy. Özaktaç does not have any legality, accuracy and/or security commitments regarding the services and content provided by third parties.

The User and Member accept, declare and undertake that they will use the Website only for personal and lawful purposes and will not take any action that will violate the rights of other Users, Members and/or third parties. All legal, penal and administrative liabilities arising from and/or to arise from the transactions and actions carried out by the User and Members within and using the Website belong to them. Özaktaç has no direct and/or indirect liability for any damages suffered or to be suffered by third parties due to the transactions and actions carried out by the User and/or Members within and using the Website.

Özaktaç has the right to apply additional rules regarding certain sections and features of the Website, as well as product and/or service purchases, including campaigns and competitions. These additional rules become a part of this Agreement with this reference. The User and/or Member accepts and declares that they will comply with all additional rules, including being of sufficient legal age to use the relevant product and/or service.

In the event of a difference between the terms and conditions of this Agreement and the provisions, regulations and/or rules specifically introduced for a section of the Website or for products and/or services provided on or through the Website, the specific rules will prevail and be applicable.

If Özaktaç has any obligations regarding the products and/or services it offers, these obligations are subject to the contracts governing the provision of these products and/or services, and nothing written on the Website has the power to change these contracts.

Özaktaç may limit the order quantity, change the products and/or services on the Website, and change the prices of these products and/or services at any time and without any notice. The materials regarding the products and/or services offered on the Website may not always reflect the current situation and may lose their validity. Özaktaç has no commitment to update them.

Member Account, Password, Security

In order to benefit from certain services offered on the Website, creating an account requires specifying an e-mail address and password. The Member is entirely responsible for all actions and transactions that may occur in the account if the confidentiality of all information in the account, including the password, and the confidentiality and security of information are not ensured. If a third party uses the Member's Özaktaç account, password, e-mail address or identity due to the Member's failure to ensure the security and confidentiality of his/her account, and Özaktaç, Users, Members or other third parties are damaged due to this use, the Member accepts and declares that he/she may be held responsible for this damage.

The Member accepts, declares and undertakes to notify Özaktaç without delay of any security breach, including this situation, in the event of unauthorized use of his/her password and/or account.

It is forbidden to use the account, e-mail address and password information of any third party without their express permission, and Özaktaç is not responsible for any loss and/or damage that has occurred and/or may occur due to violation of this prohibition.

Protection of Personal Data and Confidentiality

The Privacy and Data Security Policy, the Personal Data Processing and Protection Policy and the Personal Data Processing Information Text are valid for the use of the Website and are an integral part of this Agreement.

By using the Website, you acknowledge that internet messages will never be completely secure and/or private.

Sending Commercial Electronic Messages

Commercial electronic messages refer to messages containing data, sound and images sent for commercial purposes and made electronically using means such as telephone, call centres, fax, automatic dialling machines, intelligent voice recording systems, electronic mail and short message services.

With this Agreement, each User/Member accepts and declares that they approve the sending of sales, information, marketing, advertising, promotion, discount and campaign messages with data, audio and visual content, sent for commercial purposes and carried out electronically using means such as telephone, call centers, fax, automatic dialing machines, smart voice recorder systems, electronic mail, short message service, regarding the products and services offered to them on the website www.marliagate.com by Özaktaç and/or the intermediary company they work for.

The User/Member acknowledges and declares that he/she can easily and free of charge unsubscribe from the mailing list at any time and without having to give any reason, by sending an e-mail to info@marliagate.com , using the method specified in the messages to be sent by Özaktaç.

If the User/Member is removed from the mailing list of recipients who will be informed about sales, information, marketing, advertising, promotions, discounts and campaigns, Özaktaç will not be obliged to provide him/her with any information regarding the products and services offered on the website www.marliagate.com .

Feedback

Any feedback provided on this Website is considered non-confidential and can be used by Özaktaç without any restriction.

Links to Other Sites

The Website may include links to third party websites for the convenience of Users and Members. Other third party websites linked on the Website are not under the control of Özaktaç and Özaktaç is not responsible for the content of other third party websites linked. Access to and use of other third party websites linked are entirely the result of Users' and Members' independent assessments and are their own responsibility. Özaktaç cannot be held responsible for any damages that may arise from accessing and using such websites.

Breach of Contract

If Özaktaç and/or third parties deem it necessary to share information about you, including your identity information, in relation to an investigation or complaint regarding access to and use of the Website or for the purpose of identifying a person who has harmed and/or may harm the property and/or rights of Özaktaç, Users, Members and/or other third parties, to be able to contact this person and/or to initiate legal proceedings against this person, Özaktaç has the right to share information about you, including your identity information. Özaktaç may share the information it deems necessary in accordance with the personal data protection policy and legislation within the scope of the applicable legal legislation and/or legal processes and requests.

Özaktaç has the right to store all kinds of messages sent by Users, Members and other third parties on and/or through the Website, and reserves the right to share these messages if required by law, to comply with legal processes, to enforce the Agreement, to respond to claims that these data violate the rights of other parties and/or to protect the property, security and rights of Özaktaç, Users, Members and other third parties.

If it is determined that the terms and conditions of this Agreement and/or other agreements, rules, policies and/or regulations on the Website have been violated, Özaktaç may restrict or block the access of the relevant person to the Website and terminate his/her membership temporarily or indefinitely at any time without the need for any notification.

Each User and Member accepts and declares that Özaktaç may restrict, block or terminate the User and/or Member's access to the Website, and terminate their membership for a period of time or indefinitely, without any need for notification and at any time, based on any reason, including the legal instructions of official authorities, the person's own request, the closure of all or part of the Website or the termination of the products and services offered, and technical issues.

If Özaktaç initiates legal proceedings against the violating person/persons due to the violation of the Agreement, in addition to its other rights and authorities, Özaktaç has the right to collect reasonable attorney fees and expenses arising from this legal action, and the User, Member and other third parties accept and declare that Özaktaç has this right. It is not responsible in any way to the person or a third party for the restriction or prevention of access to the Website due to the violation of the Agreement.

Liability and Indemnity

Özaktaç shall not be liable for any direct or indirect damages arising and/or to arise from access to the Website, use of the Website, the information, content etc. contained therein, transactions and actions carried out by the Users and/or Members within and using the Website, behavior contrary to the terms and conditions of this Agreement, and any reason including tort.

Özaktaç does not accept any responsibility for any interruption, error, data loss, loss, deletion, disruption in transactions and communication, delay, error, virus, theft, destruction of all kinds of documents, information and records, unauthorized access to documents, information and records, unauthorized changes to documents, information and records or unauthorized use of these, including but not limited to, any violation of the terms and conditions of the Agreement, negligence, intent, tort, etc.

Each User, Member and other third parties accessing the Website accept, declare and undertake to hold Özaktaç, its partners, managers and employees, business partners (e.g. institutions it cooperates with), affiliates and subsidiaries harmless and indemnify Özaktaç, its partners, directors and employees, business partners (e.g. institutions it cooperates with), affiliates and subsidiaries against all kinds of claims, demands, liabilities, damages and expenses including attorneys' fees that may be brought against Özaktaç by any User, Member and other third parties in connection with access to the Website and/or other third party websites to which links are provided and in connection with the use of the Website and/or other third party websites to which links are provided and in cases of fraudulent intent and/or any other unlawful situation that may arise due to access and use.

Transfer

Özaktaç may transfer this Agreement partially or completely at any time without any notification. It is not possible for the User and Member to transfer this Agreement partially or completely to another person. Such transfer attempts will always be invalid.

Force Majeure

Özaktaç shall not be held responsible for non-performance or late performance of its obligations under this Agreement in the event of force majeure events that are not foreseen by the parties, not caused by them, and that prevent and/or delay the performance of the obligations arising from this Agreement, or extraordinary circumstances that are not considered as force majeure events. The reasons arising from these events shall not be accepted as non-performance, late performance or default on the part of Özaktaç, and therefore Özaktaç shall not have any liability for compensation under any name or title.

Applicable Law and Jurisdiction

Turkish law shall apply to any disputes arising from this Agreement and access to and use of the Website. Istanbul Central Courts and Enforcement Offices shall have jurisdiction over such disputes.

Void Where Prohibited

Although the Website is accessible worldwide, not all products and/or services provided on and/or through the Website are valid for all persons, all geographic regions and all legal systems. Özaktaç has the right to restrict the provision and/or quantity of any product and/or service to any person and/or geographic region. Product and/or service offers, campaigns and promotions provided on and/or through the Website are not valid in regions where this Website does not provide service. Not everyone may participate in any events such as competitions, surveys, draws etc. organized on and/or through the Website and/or may not be entitled to a prize, if any. In case of access to the Website from outside the geographic regions where the Website operates, all initiative and the obligation to act in accordance with the applicable legal regulations are entirely on these relevant persons.

Force

This Agreement shall enter into force when Özaktaç publishes the Agreement on the Website. Users and Members shall have accepted the Agreement by accessing and using this Website. Özaktaç reserves the right to make changes to the terms and conditions of this Agreement at any time. These changes shall be published on the Website together with the date of change and shall enter into force as of the date of publication.