Privacy Policy and T&C MEMBERSHIP AGREEMENT ARTICLE – 1 THE PARTIES This membership agreement (“Agreement”) has been executed by and between Portakal Suyu Danışmanlık İnternet Tekstil Ticaret Anonim Şirketi (“Portakal Suyu”) owner of the LetsShop mobile application and resident at the address of “Visnezade Mahallesi Suleyman Seba Caddesi no 79-3 Akaretler” and the user (“Member”) who is a member to the LetsShop mobile application. Portakal Suyu and Member will be collectively referred to hereinafter as the “Parties”. ARTICLE – 2 SUBJECT OF THE AGREEMENT The subject of this Agreement is to determine the conditions enabling the Member to use and benefit from the LetsShop mobile application owned by Portakal Suyu and within this scope to determine mutual rights and conditions of the Parties. ARTICLE – 3 RIGHTS AND OBLIGATIONS OF THE PARTIES 3.1 The Member represents and undertakes that the personal and other information he/she has given while becoming a member to the LetsShop mobile application are true and that he/she shall promptly compensate any and all losses to be incurred by Portakal Suyu in case such information is untrue and/or in case such information is not updated by the Member even though there have been changes in such. In addition, the Member agrees that in case he/she selects a username or similar identifier for the account, Portakal Suyu reserves the right to remove or reclaim it if Portakal Suyu believes it is appropriate. 3.2 The right to use the password received by the Member within the scope of membership to the LetsShop mobile application exclusively belongs to the Member. The Member cannot give this password to a third person. The whole legal and criminal responsibility regarding the use of the password and the means of access to the mobile application (user name, etc.) belongs to the Member. 3.3 The Member agrees and undertakes that while using the LetsShop mobile application he/she shall comply with any and all regulatory provisions, he/she shall not breach the said provisions and he/she shall not use the application to do anything unlawful, misleading, malicious or discriminatory. In the contrary case, the whole legal and criminal responsibility shall solely belong to the Member. 3.4 Member cannot use the LetsShop mobile application in any manner which will disturb the peace or which is contrary to the general moral value or which may bother or harass others or for any purpose which is contrary to the laws or which will violate the intellectual rights or copyrights of others. Furthermore, the Member cannot carry out any transaction (such as spam, virus, trojan horse, etc.) which may prevent the use of the services of others or which may make the use of them difficult and the Member also cannot conduct any activity which will threat the security of the mobile application or the software or which will prevent the use thereof. The Member also cannot post any content that is hate speech, threatening, pornographic, incites violence or contains nudity. The Member cannot post anyone’s identification documents or sensitive financial information on LetsShop mobile application. 3.5 In the LetsShop mobile application, the ideas and opinions represented or written by the Members and the images, messages or comments shared by them and the expressions stated by them are personal ideas and interpretations of the Members and only the Members are responsible for the consequences thereof. Such opinions, images, comments, messages and thoughts have no relation or connection with Portakal Suyu. Portakal Suyu shall have no responsibility for the losses to be incurred by third persons or corporations due to the ideas and opinions to be stated or the messages, comments or images to be shared by the Members and Portakal Suyu shall have no responsibility for the losses to be incurred by the Members due to the ideas and opinions to be stated, or the messages, comments or images to be shared, by third persons or corporations. Furthermore, in case Portakal Suyu is subject to any lawsuit, fine or similar sanction and/or any obligation due to such activities of the members, Portakal Suyu’s right to recourse the same to the Member is reserved. In addition, Portakal Suyu has the right to remove any content or information the Member posts on LetsShop mobile application if it believes that it violates this Agreement. 3.6 Even though the necessary measures in respect of the information security have been taken Portakal Suyu shall not be held responsible if the information and data pertaining to the Member is acquired by unauthorized persons or if the information and data of the Member are subject to any loss. 3.7 Portakal Suyu shall not be responsible for any direct or indirect losses to be incurred due to the use of the LetsShop mobile application by the Member. 3.8 The LetsShop mobile application may give link to the other websites and applications which are not under the control of Portakal Suyu or which are not installed, operated or regulated by Portakal Suyu and it may include references regarding such sites or applications. Portakal Suyu shall not be responsible for the content of the other applications or sites and for the other links and references contained therein, as well as not being responsible for the products/services presented thereby. Such links are not in the nature of a representation or commitment intended to support the owner of the person of the site with which a connection is established or the person operating the said site and they are not in the nature of a representation or commitment intended towards any information, statement or visual contained in the content thereof. Likewise, Portakal Suyu shall not be responsible for the products, services or other content presented or committed in the advertisements, promotions or banners included in the LetsShop mobile application or connected through the LetsShop mobile application via links. 3.9 Portakal Suyu only gives advices regarding fashion through the LetsShop mobile application and these advices are not binding for the Parties. It is the Member’s responsibility whether to take such advices into consideration or not. If any loss is incurred due to the transactions to be carried out by the Member within this scope, Portakal Suyu shall not be responsible therefor. 3.10 In relation to the products/services to which Portakal Suyu makes reference by giving advices concerning fashion through the LetsShop mobile application, Portakal Suyu does not act as a seller, supplier, agency, manufacturer, importer or a merchant in any other way. In relation to the products/services purchased, Portakal Suyu shall not be responsible and has no information in respect of the purchasing of the products/services by the Member from the website to which an orientation is made through the application and within this scope, it shall also not be responsible for the issues of (including but not limited to) whether the product is defective or not, the product is sent in the requested number or requested manner or not, if there is any damage in the packaging of the product or for the problems experienced during the transportation of the product, if the service is not rendered properly, for the transactions concerning the return and change of the product, whether the product is included in the prohibited category or if it is smuggled, for the quality or nature of the product or whether it is real or not or whether the expressions used in the promotion of the product reflect the reality or not and Portakal Suyu does not make any representation or commitment or give any guarantee to the Member regarding these matters. In such cases and requests, the only addressee of the Member is the person/corporation from whom/which the Member has purchased the product/service through the LetsShop mobile application. 3.11 Within the scope of the LetsShop mobile application, there are 2 (two) different membership categories: “Normal Membership” and “Premium Membership”. Following electronic approval of the provisions of this Agreement by the Member, he/she shall acquire the capacity of Normal Membership concurrently with the registration of the membership and within this scope, the Member shall benefit from any and all functions which are not subject to a payment through the LetsShop mobile application. If the Member purchases a service from Portakal Suyu in consideration of the value thereof after having accepted to become a “Premium Member”, the said transaction shall be subject to a consumer agreement to be drawn-up by and between the Member and Portakal Suyu within the scope of the relevant legislation. For the avoidance of doubt, even in case where the Member acquires the capacity of Premium Membership, this Agreement shall also be effective and valid for the Member and the other agreement shall be considered to be an annex to and an integral part of this Agreement. Portakal Suyu reserves the right to rearrange and/or change the membership types, categories and the rights related thereto and the membership fees at any time. In such case, the Member shall not be entitled to make any request or to raise an objection. The other terms and conditions of the Premium Membership package is attached hereto as (Annex-2) and the Member, if s/he will be a Premium Member, agrees and accepts the attached terms and conditions of the Premium Membership package by approving this Agreement. The Premium Member may cancel his/her Premium Membership from its own device’s settings. The Premium Membership fee will be charged to iTunes account at confirmation of purchase by the Member. The Member can enjoy his/her auto-renewable Premium Membership subscription unless auto-renew is turned off at least 24 hours before the end of the current Premium Membership period. 3.12 The Member agrees, represents and undertakes that the Confidentiality Policy enclosed herewith (Annex-1) is an integral part of this Agreement and he/she has read and approved the provisions included therein. 3.13 In case the Member wants to ask styling questions to Portakal Suyu based on a selected picture or a selected product, s/he may purchase the Ask Us Credit terms and conditions of which are attached hereto as (Annex-3). 3.14 The Member agrees, represents and undertakes that Portakal Suyu does not have any duty (such as intermediary or arbitrator, etc.) or responsibility in the disputes which may arise between him/her(self) and another member who is registered with the mobile application. 3.15 The Member cannot transfer the user profile constituted by him/her to any third person and he/she cannot allow the use thereof by a third person. 3.16 The Member agrees that he/she shall not gain unauthorized access to and without prior written consent of the relevant party he/she shall not use or collect the information and data of the other users nor he/she shall make third parties use such information and data. In the contrary case, the whole legal and criminal responsibility arising therefrom shall belong to the Member. 3.17 In case the Member violates the provisions of this Membership Agreement, the criminal and legal responsibility arising from such violation shall individually belong to the Member him/her(self). The Member shall keep Portakal Suyu harmless against and from all losses, lawsuits, claims and allegations which may arise due to his/her violations. Furthermore, the right of Portakal Suyu to claim compensation from the Member due to such violations is reserved. 3.18 Portakal Suyu has the right to unilaterally suspend or terminate the membership of the Member and to delete any and all information, data, document and files pertaining to the Member at any time without assuming any responsibility and without being obliged to pay any compensation. 3.19 The Member may deactivate or cancel its membership account from the device settings at any time. In case of deactivation by the Member, the profile belonging to the Member will disappear and it cannot be found when the others search for it. However, any and all information, visuals, comments and others belonging to the Member and uploaded by the Member when s/he is active will be retained within the application and they will continue to be displayed in the LetsShop mobile application once the Member activates its account. 3.20 The copyright and/or any and all intellectual property rights related to the general appearance, design and software of the LetsShop mobile application and the texts and visual contents and all of the other contents, brands, logos, know-hows and other elements included in the site shall belong to Portakal Suyu or they are used by Portakal Suyu upon receiving relevant licenses. These cannot be used, acquired, changed, copied or reproduced by the Member without obtaining written consent of Portakal Suyu and without showing a resource. The use of the LetsShop mobile application or the content thereof or the right of having access to them by the Member within the scope of the terms and conditions provided by Portakal Suyu does not give any intellectual or industrial right or the right of ownership or the power of disposal to the Member. 3.21 The conduction of any commercial activity (i.e. using LetsShop mobile application as a sale channel such that the Member sales and/or advertises and/or promotes its own or somebody else’s products/services or earns any revenue in any other way via LetsShop mobile application) including but not limited to promotion of the products or the site pertaining to or under the control of the Member or the marketing thereof by the Member through the LetsShop mobile application without obtaining written consent of Portakal Suyu is prohibited and contrary to the intended purpose of the application. In case the said written consent is not obtained and the Member conducts commercial activities contrary to this article, then Portakal Suyu has the right to review the account of the relevant Member and/or suspend and/or cancel the membership of the Member. 3.22 Portakal Suyu may disclose the personal information of the Member to third persons (a) in cases where the disclosure of them is required pursuant to the laws or regulations in effect or a court decision or an administrative order; and/or (b) if the consent of the Member is given; and/or (c) in accordance with the Confidentiality Policy enclosed herewith. Portakal Suyu may make inspection in the confidential information or in the mobile application records in order to have access to the information and documents required for investigation. 3.23 The measures are taken within the current possibilities in order to ensure that the LetsShop mobile application is free of viruses and similar purpose softwares. In addition to the foregoing, the Member shall be required to provide his/her own virus protection system and ensure the necessary protection in order to ensure the final protection. In this context, after having become a member to the LetsShop mobile application, the Member is considered to have accepted that he/she is responsible for any and all mistakes and the consequences arising from his/her own software and operating system (including, but not limited to, spam, trojan horse, etc.). 3.24 Portakal Suyu reserves the right to change the content, design and software of the site at any time and to change, stop or terminate any service provided for the Members and to delete the user information and data recorded in the internet site at any time. 3.25 Portakal Suyu may at any time update, change or abolish the conditions of this Agreement without giving any prior notice or written warning in any manner whatsoever. Each provision which is updated, changed or abolished will be effectual for the Member as of the date of its publication. 3.26 Portakal Suyu may use the personal information of the Members in the works related to the users’ fields of interests and preferences for the purpose of rendering better service to its users, improving its services and facilitating the use of the site. Portakal Suyu reserves the right to keep the records of the actions performed by the Member on the LetsShop mobile application. 3.27 Portakal Suyu, if the consent of the Member is obtained, may send information and announcements to the Member regarding the service promotions, advertisements, campaigns, advantages, questionnaires and customer satisfaction applications within the scope of the applications which are in effect and/or which will come into force. The personal information given or to be given by the Member while becoming a member to the LetsShop mobile application or in any other manner and/or the consumer behaviour information may be collected for the above mentioned purposes and they may be used and archived by Portakal Suyu. Unless otherwise specified by him/her, the Member agrees and represents that he/she allows the collection of the data and the use and archiving of the same by Portakal Suyu to the extent the same is permitted by the relevant legislation even after the termination of his/her membership. The Member agrees and represents that he/she shall not set forth any claim and he/she shall not keep Portakal Suyu responsible alleging that he/she has sustained any loss due to the collection, sharing, use, archiving of, or access to the above mentioned information. If the Member wishes to change the data sharing preferences, he/she shall communicate this request in writing to Portakal Suyu. ARTICLE – 4 ENFORCEMENT AND TERMINATION OF THE AGREEMENT 4.1 Following the electronic approval of the provisions of this Agreement by the Member, execution of the membership registration in the LetsShop mobile application shall mean that the Member has read and agreed any and all articles included in this Agreement. This Agreement has been executed concurrently with Member’s registration to the LetsShop mobile application and it has come into effect between the Parties. 4.2 In case where the Member violates any provision of the Agreement, Portakal Suyu may promptly cancel the membership of the Member and unilaterally terminate the Agreement without being obliged to pay any compensation, provided that its other rights arising from the legislation and the Agreement are reserved. The Member agrees and represents that if he/she is included in the Premium Membership package, the Premium Membership fee he/she has paid for the month during which his/her membership is cancelled shall not be repaid to him/her. 4.3 In case the Member cancels or deactivates his/her membership or if the membership is cancelled by Portakal Suyu, the Agreement shall automatically terminate for both Parties, provided that the cases of termination included in the other provisions of this Agreement are reserved. The Member agrees and represents that if he/she is included in the Premium Membership package, the Premium Membership fee he/she has paid for the month during which he/she cancelled or deactivated the membership or his/her membership is cancelled by Portakal Suyu shall not be repaid to him/her. ARTICLE – 5 SETTLEMENT OF DISPUTES AND APPLICABLE LAW This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Turkey. Çağlayan Courts and Enforcement Offices of Istanbul will have jurisdiction over the settlement of any and all disputes arising from or related to this Agreement. The Parties agree that the documents and electronic records pertaining to Portakal Suyu are in the nature of exclusive evidence in the disputes which may arise within the framework of this Agreement. ANNEX-1 CONFIDENTIALITY POLICY The Member agrees, represents and undertakes that he/she has given his/her consent to the use, storage and processing of his/her personal data and within this scope the sharing of the same with third persons as specified in the Confidentiality Policy. Portakal Suyu may use the personal information of the Members in the works related to the users’ fields of interests and preferences for the purpose of rendering better service to its users, improving its services and facilitating the use of the site. Portakal Suyu reserves the right to keep the records of the actions performed by the Member on the LetsShop mobile application. Portakal Suyu may collect some information such as the internet service provider’s name and IP address which is used for gaining access to the application, the date and hour on which the application is reached and the pages reached when using the application for the purpose of improving and developing the LetsShop mobile application within the framework of the legal legislation. Portakal Suyu will not disclose the personal information communicated to it in electronic environment by the Member through the LetsShop mobile application to third persons except for the purposes and scope determined under this Confidentiality Policy. The personal information covers any and all information related to the recognition of the user such as person’s name-surname, address, telephone number, e-mail address, identity number and the same will be shortly referred to as “Confidential Information”. Portakal Suyu may use the Confidential Information within its own organization in order to determine member’s profile and to conduct statistical studies. The Confidential Information acquired through the application may be collected, used, processed and stored by Portakal Suyu’s affiliated companies or partners for the purpose of determining the security and accuracy of the transactions. Portakal Suyu cannot be held responsible for the content of the other sites/applications/advertisements to which a reference is made or a connection is realized within the application, as well as not being responsible for the confidentiality applications included therein. Save for the provisions specified herein, Portakal Suyu undertakes to keep the Confidential Information in confidence and consider the same as a confidentiality obligation and it will take the necessary measures and exercise the necessary care and diligence in order to provide and maintain the confidentiality and to prevent the disclosure of the whole or any part of the Confidential Information to the public or third persons or its unauthorized use. Even though the necessary measures in respect of the information security have been taken Portakal Suyu shall not be held responsible if following the attacks to the mobile application and the system, the confidential information is subject to any loss or acquired by unauthorized persons. Portakal Suyu may disclose the Confidential Information of the Member to third persons (a) in cases where the disclosure of them is required pursuant to the laws or regulations in effect or a court decision or an administrative order; and/or (b) if the consent of the Member is given; and/or (c) in accordance with this Confidentiality Policy. Portakal Suyu shall acquire the information related to the Member and the use of the mobile application by the Member and the services provided in the application by using a technical communication file (Cookie). The technical communication file may be used for the purpose of obtaining statistical information. Portakal Suyu shall not be responsible for the loss which may arise due to the use by third persons of the information disclosed through the mobile application in public, shared through the comments or messages by the Member. Portakal Suyu shall not be responsible for the losses which may arise in case the Member shares the information such as user’s name, password that he/she has used while realizing his/her membership registration for the mobile application with third persons. Portakal Suyu may examine and use the Member’s usage manner of the mobile application in order to give advices to the Member. Portakal Suyu may examine the personal information of the Member who acts contrary to the Membership Agreement or the Confidentiality Policy or against whom a complaint is lodged by the other members. Portakal Suyu may at any time update, change or abolish the provisions of this Confidentiality Policy. Each provision which is updated, changed or abolished will be in effect for the Member as of the date of its publication. ANNEX-2 TERMS AND CONDITIONS OF PREMIUM MEMBERSHIP PACKAGE • This service will allow the Member to post pictures taken by the Member and will allow Member to ask 1 (one) styling question based on a selected picture or a selected product. • As a Premium Member, the user will be awarded 1 (one) question per day. The daily question credit is not cumulative - it must be used daily or the question credit will lose validity and a new one will be credited to the account each day. • Payment in consideration for being a Premium Member will be charged to iTunes Account at confirmation of purchase. • Subscription of the Premium Member automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. • Premium account will be charged for renewal within 24-hours prior to the end of the current period and identify the cost of the renewal. • Subscriptions may be managed by the Member and auto-renewal may be turned off by going to the user's Account Settings after purchasing the Premium Membership package. • The Member can access the Privacy Policy and Terms of Use from http://letsshopapp.com/privacy-policy-and-t-c.html. • Any unused portion of a free trial period, if offered, will be forfeited when the Member purchases a subscription to that publication, where applicable. ANNEX-3 TERMS AND CONDITIONS OF ASK US CREDIT • This ASK US Credit will allow the Member to ask 1 (one) styling question based on a selected picture or a selected product whenever s/he wants. • The ASK US Credit is valid until it is used. • Payment in consideration for the ASK US Credit will be charged to iTunes Account at confirmation of purchase. • The Member can access the Privacy Policy and Terms of Use from http://letsshopapp.com/privacy-policy-and-t-c.html.