User and Membership Agreement

Article 1 - Introduction and Parties

This User and Membership Agreement ("Agreement") has been executed electronically between, on the one hand, SUSEY İTHALAT VE İHRACAT LİMİTED ŞİRKETİ (Tax Identification Number: 7840791908) ("SUSEY") and, on the other hand, the real or legal person ("User") who visits the SUSEY website ("Website") or the SUSEY application ("Application") or becomes a member of SUSEY, in order to establish the rights and obligations of the Parties during the User's visit to the Website/Application and/or membership with SUSEY. If the User visits the Website or the Application, benefits from the information on the Website or the Application, or becomes a member of SUSEY, the User shall be deemed to have accepted the provisions of this Agreement and the Agreement shall be deemed established. In this respect, the User accepts, declares and undertakes that they have read the entirety of this Agreement, fully understood its content and approved all of its provisions.

In this Agreement, SUSEY and the User shall individually be referred to as a "Party" and collectively as the "Parties".

The article headings in this Agreement may not be used in the interpretation of the Agreement. According to the purpose intended to be expressed in the text, singular words may refer to the plural and plural words may refer to the singular.

Article 2 - Definitions

SUSEY Website or "Website": Refers to the page at https://soucei.com/, all rights to which belong to SUSEY and which may from time to time be subject to changes and updates by SUSEY.

SUSEY Application or "Application": Refers to the "SUSEY Application", all rights to which belong to SUSEY and which may be made available for use by persons on channels such as AppStore, GooglePlay, etc., and which may from time to time be subject to changes and updates by SUSEY.

User: Refers to the person(s) who accept this Agreement and visit the Website or the Application, benefit from the information therein, shop through the Website or the Application, or become a member of SUSEY.

User Registration Form: Refers to the form filled in by Users when becoming a member of SUSEY by sharing information such as name, surname, e-mail address and username.

Personal Data Protection Legislation: Refers to the provisions of the Law on the Protection of Personal Data No. 6698, published in the Official Gazette dated 07.04.2016, and the Regulations, Communiqués and Undertakings to be issued within the scope of this Law, which remain in force during the term of this Agreement.

Article 3 - Subject Matter and Scope of the Agreement

The subject matter of this Agreement is to establish the rights and obligations of the Parties during the User's visit to the Website or the Application, benefiting from the information therein, shopping and/or becoming a member of SUSEY.

All statements such as warnings, texts and explanations made by SUSEY regarding use, membership and the Services, which are included in the Website or the Application, are valid for all Users together with this Agreement.

By accepting the provisions of this Agreement, the User shall also be deemed to have accepted any and all statements disclosed by SUSEY regarding use and membership within the Website or the Application and to act in accordance with such statements.

Article 4 - Membership Conditions

The membership process is completed by the person wishing to become a member entering the information required for membership in the relevant section of the Website or the Application. The User may be requested to verify their membership through a communication sent to the e-mail address or telephone number they have provided.

In order to become a member, pursuant to this User Agreement, it is necessary not to have been temporarily suspended from membership or indefinitely banned from membership by SUSEY, to be of legal age, to have the power of discernment and not to be restricted. As stated above, pursuant to this Agreement, completion of the membership procedures by persons who have been temporarily suspended from membership or indefinitely banned from membership by SUSEY shall not result in their becoming members. The conditions of being of legal age, having the power of discernment and not being restricted are also required for persons who will shop.

Users undertake that the information they enter during membership or shopping is accurate. SUSEY may not be held responsible for any grievances arising from such information being incorrect or incomplete. The User may update their information at any time.

Each User shall have a username, e-mail address and password to be determined by them. Usernames and e-mail addresses are specific to each member; the same username shall not be assigned to different members and only one membership may be opened through the same e-mail address.

In order for each User to access systems requiring SUSEY membership, they must enter their username or registered e-mail address together with their password. This process is defined as logging into the SUSEY Website or Application.

The password is known only to the relevant User. If the User forgets their password, SUSEY shall, upon request, send a link to the User's e-mail address registered with SUSEY in order to create a new password. Determining and protecting the password is entirely the User's own responsibility, and SUSEY shall under no circumstances be liable for problems or damages that may arise from password use. In addition, the information shared during membership shall be reviewed by SUSEY and approved if it meets the conditions.

Article 5 - User's Rights and Obligations During Visits and/or Membership

By accepting this Agreement, the User accepts, declares and undertakes that:
the information included in the User Registration Form is accurate and that only one e-mail address may be defined for each username created before SUSEY; that where such information is required, the responsibility for any damages suffered by the User or third parties due to the information being incorrect or incomplete (such as forgetting the password) shall belong solely to the User; and that in such cases the SUSEY membership may be terminated;

the User shall be personally responsible for any and all transactions carried out with their username or registered e-mail address;

all responsibility regarding the security, storage and keeping away from the knowledge of third parties of the access tools (username, password, etc.) used in order to benefit from the services offered by SUSEY through the Website or the Application shall belong entirely to the User;

SUSEY shall not be responsible for products, information, messages and files that are lost and/or incompletely received or sent to the wrong address during the use of SUSEY services;

the rights such as copyright, trademark and design rights of the services provided and products sold by SUSEY belong to SUSEY, and the User shall not reproduce and distribute and/or imitate these software and/or products in any way;

the User shall be responsible for the personal opinions, thoughts, statements, files added to the environments and personal information sent by the User when using the Website or the Application; SUSEY shall not in any way be held responsible for the foregoing reasons, including but not limited to disputes that may arise between the User and other persons; SUSEY is entirely free to publish or not publish such opinions and comments, may also delete them afterwards, and has the right to edit such opinions and comments through moderators and correct spelling errors; and if such content is unlawful, SUSEY may notify the competent authorities;

since SUSEY may create a communication and notification area/channel on the SUSEY Website or Application that operates mutually with the User and is closed/private to other Users, and may communicate with and/or notify the User through this channel, the User shall be deemed to have permitted the mutual/unilateral use of this form of communication;

the SUSEY Website or Application may contain advertisements, SUSEY shall decide the frequency of advertisement display, this Agreement may be unilaterally terminated by SUSEY if the use of software blocking advertisement display is detected, and SUSEY shall not be obliged to prove to the User the existence of software blocking advertisement display;

SUSEY may not be held responsible for damages that may arise from User data being read or used by unauthorized persons, or for damages that may arise due to third parties with whom the data are shared;

sensitive content may be included on the SUSEY Website or Application, and SUSEY shall not be responsible due to such content being viewed in an improper manner;
SUSEY shall not be responsible for damages that may arise from User shares being used, shared or published by third parties without permission;

not to use usernames, photographs and nicknames that are threatening, immoral, racist, contrary to the laws of the Republic of Türkiye or international agreements, contain political messages, or infringe the rights of third parties; not to send orders or comments of such nature; not to carry out through the Website or Application the correspondence and communications of organizations, entities or other formations not permitted by the legal order; and not to use the features provided by the Website or the Application outside their intended purpose;

the User shall cover all relevant damages if the User causes orders to be sent to the addresses of other persons without their consent;

not to publish, print, reproduce or distribute materials or information that defame or violate the names of persons or institutions, are immoral, inappropriate or unlawful;
not to harass or threaten other Users and not to act in a manner that would adversely affect other Users' use of the Website or the Application;

SUSEY has the right, where it deems necessary and without requiring any proof, to close or limit the User's account or parts of the account such as the username, profile photograph and similar sections, or to terminate the SUSEY membership;

not to record, disseminate or misuse personal information belonging to others;
not to advertise, not to sell or offer to sell any goods or services, and not to engage in survey, contest or chain mail activities;

not to use SUSEY services for commercial purposes or advertising purposes;

SUSEY may use its own Website or Application for commercial purposes;

not to send information or program-like software that will damage the information or software on the devices of other Users or directly of SUSEY;

not to transmit information whose transmission is prohibited by law and not to share data that the User is not authorized to send, such as chain mail, software viruses, etc.;

not to claim compensation from SUSEY for damages that the User may suffer due to the use of the Website or the Application;

the SUSEY Website or Application may require internet use and may cause battery consumption, and SUSEY may not be held responsible for such matters;

SUSEY may monitor and audit, at any time or continuously, all content uploaded by all Users and may delete or hide such content if it deems necessary;

if the User acts contrary to the rules, SUSEY has the right to make the necessary interventions, not to allow the User to benefit from the services and to terminate the User's membership;

Article 6 - SUSEY's Rights and Obligations

SUSEY reserves the right to close access to and delete the services, products and content offered on the Website or the Application at any time for third parties. SUSEY may exercise this right without any notice and without granting any period.

SUSEY may conduct the necessary content and/or message screening in order to detect messages and/or content that occur between Users or by the User through the Website or Application and that are contrary to SUSEY's operation and/or this Agreement and/or the general rules of the Website or Application and/or general rules of morality and that cannot be accepted by SUSEY, and may remove from access the messages and/or content it detects at any time and in any manner. SUSEY may warn the User who created such message and/or content in writing and/or may terminate the User's membership temporarily or permanently, without any notice.

The usernames notified by Users when becoming members are also subject to the provisions included in this Agreement, and Users must not infringe the legal rights of third parties, such as copyright, trademark or trade name rights, when determining a username. If Users act contrary to the provision of this article, SUSEY may request the User to remedy this situation contrary to this Agreement, or, if it wishes, may temporarily or permanently cancel the User's membership without prior notice to the User.

If the SUSEY membership is used by the User, outside the purposes set out in this Agreement and the purposes that may be unilaterally determined by SUSEY, in a manner that causes damage to SUSEY or third parties and/or if SUSEY's commercial reputation is damaged due to the User's actions, SUSEY may, in addition to canceling the membership, exercise any and all legal rights against the User.

SUSEY may temporarily suspend or completely stop the operation of the Website or the Application or the sale of products at any time, and no compensation may be claimed from SUSEY under any name for this reason.

SUSEY may temporarily suspend or completely stop the relevant Users' ability to place orders or similar opportunities due to User transactions that give rise to security suspicion. Due to this situation, SUSEY shall have no liability toward Users or third parties.

SUSEY shall exercise the necessary care for its services and products to be provided on time, securely and without error, and for the quality of its services and products to meet expectations; however, it does not undertake these except for the cases expressly stated.
Users and SUSEY are legally independent parties. There is no partnership, agency or employee-employer relationship between them. No partnership, agency or employee-employer relationship shall arise as a result of the approval and implementation of this Agreement.

SUSEY may use the preferences made by Users within the Website or Application, the content they upload or survey results for the purpose of collecting statistical information and may subject them to any type of disposition.

SUSEY has the authority to back up and delete some or all of the files and messages that Users keep in the environment while benefiting from the Website or the Application, at periods it deems appropriate. SUSEY shall not be held responsible for backup and deletion processes.

SUSEY owns the ownership rights and the copyrights arising from ownership in products, designs, information, documents, software, designs, graphics, etc. that it produces itself and/or purchases externally.

SUSEY has the rights to publish, process and share on social media networks, in all written and visual media, any information, documents, software, designs, graphics, etc. produced and uploaded by Users and/or to move them to another address within the SUSEY Website or Application as deemed appropriate by SUSEY, or, at its own discretion, to remove them from the Website or the Application. It is possible that such published information may be copied, processed and/or published by other Users. In such cases, the User may not claim any royalty or compensation from SUSEY.
SUSEY may not in any way be held responsible where the Application does not operate with its full functions due to the technical capabilities of the device through which the Website is accessed or on which the Application is installed being insufficient and/or defective.

SUSEY may enable the User to transfer to websites outside the Website or the Application. In this case, the User accepts in advance that SUSEY is not responsible for the content of the sites to which the User will transfer.

SUSEY may inform Users, by e-mail or SMS, about promotions in the regions where their addresses registered with SUSEY are located and from which they may otherwise benefit, and about new services or projects within SUSEY. In addition, SUSEY may reach Users through any communication channel shared by Users with SUSEY, including social media channels, and may share various promotions, campaigns and similar information with them. SUSEY unilaterally determines the rules regarding the use of promotions and campaigns.

During promotions and campaigns, if SUSEY detects that fraud has been committed in a manner that affects the campaign results or that registrations have been created by unfair means in any manner whatsoever, it may cancel the relevant participations without any warning. Even if the person(s) who acted in this manner have acquired a right, all participation data are deleted and prize rights are revoked.

SUSEY has the right to contact the User for communication, marketing, notification and other purposes through the address, e-mail address, all types of telephone lines and other contact information shared with it by the User. By accepting this Agreement, the User accepts and declares that, unless there is a written notification to the contrary, SUSEY may carry out the above-mentioned communication activities directed to the User.
SUSEY may, over time, convert services that do not require membership into services requiring membership, open additional services, partially or completely change some of its services, or convert them into paid services.

SUSEY may make changes to the content or implementation of this Agreement without providing any reason, amend its existing articles or add new articles.
SUSEY accepts no liability in matters such as interruption of the User's transaction, failure to receive orders, delay or non-arrival of orders, errors, omissions, interruptions, deletion, loss, viruses, communication errors, theft, destruction or unauthorized use of data as a result of the violation of this Agreement or other notices published by it, tort, negligence, fraud or other reasons.

Except for cases where SUSEY is required to act or refrain from acting under this Agreement or by law, SUSEY has no responsibility with respect to the matters listed among its rights.

Article 7 - Confidential Information

Within the scope of this Agreement ("Confidential Information"); this includes any oral, written, graphical or machine- or computer-readable information, including all intellectual and industrial property rights and financial rights of SUSEY, trademarks, trade secrets, all improvements, designs, works and all innovations that it has written, developed, intended to make or put into practice, including but not limited to marketing plans, product plans, technical plans, business strategies, strategic alliances and partners, financial information, engineering data, data related to products and services, all methods and processes, forecasts, personnel information, customer lists, trade secrets, specifications, the identities of potential and actual customers, suppliers, and all kinds of documents, products, materials, information and records provided by SUSEY. Confidential Information and data shall be deemed confidential information even if they are not stated in writing to be confidential or proprietary.

The User undertakes to keep confidential the Confidential Information learned about SUSEY in relation to this Agreement and/or due to the performance of the Agreement, and not to provide, disclose or announce such information to third parties without SUSEY's written permission, except for legal obligations, and to take all measures within the User's power to ensure that the User's assistants also comply with this matter or to refrain from conduct that would result in such disclosure. If Confidential Information is requested by authorities legally entitled to request it, the User shall immediately notify SUSEY of the situation. If the User breaches any of the undertakings assumed under this article, the User shall be liable to compensate SUSEY for any and all direct and indirect damages it suffers for this reason.

Article 8 - Personal Data

During the User's visit to the Website or the Application or while becoming a member, and during the approval of this Agreement and post-membership actions, the User accepts and declares that they explicitly consent to the processing, within the framework of the principles set out in the Personal Data Protection Legislation, and transfer to third parties and abroad, of the User's personal data shared with SUSEY and specified in the Information Notice ("Personal Data"). The processing of Personal Data is based on the grounds stated in the Information Notice. Personal Data may be processed by SUSEY and its affiliates within the scope of this contractual relationship and by business partners with whom SUSEY and its affiliates have a contractual relationship for purposes such as marketing, analysis and statistics, may be transferred to third parties and abroad, or may be used after being anonymized.

Users accept and declare that they explicitly consent to the recording, processing and listing by SUSEY affiliates and business partners of their Personal Data and of the data, statistics, other information and reports formed by combining them that will arise under this Agreement or generally as a result of the services offered by SUSEY, and/or to their anonymous use and subjection to any type of disposition, during the continuation of the Agreement as well as after the termination of the Agreement, in analyses after anonymization, with third parties, including but not limited to the better provision of the service or the operation of various applications or programs on the SUSEY Website or Application.

Article 9 - Intellectual Property Rights

All elements of the Website, the Application and all services and products offered therein, including but not limited to design, text, images, software code and other codes (hereinafter referred to as "Works Subject to SUSEY's Copyright and Trademark Rights"), are owned by SUSEY and/or used by SUSEY under a license right obtained from a third party. Users may not resell, share, distribute, display, reproduce, make or prepare derivative works from, or allow anyone else to access or use the Works Subject to SUSEY's Copyright and Trademark Rights; otherwise, they shall be responsible for covering the amount of compensation claimed from SUSEY due to damages suffered by third parties, including but not limited to licensors, and any and all other liabilities, including but not limited to court costs and attorney's fees.

All rights of SUSEY regarding its assets, real and personal rights, commercial information and know-how, including all types of tangible and intellectual property rights it has through SUSEY services and products, information, Works Subject to SUSEY's Copyright and Trademark Rights, SUSEY trademarks, SUSEY trade dress or its Website/Application, are reserved.

The User accepts, declares and undertakes that they shall comply with the rules under this Agreement and the relevant legislation regarding the use of SUSEY's and the Application's trademark and logo.

The User accepts that they shall not reproduce, copy, distribute or process the pictures, texts, visual and audio images, video clips, audio recordings, files, databases, catalogues and lists contained within the Website or the Application, and that all legal liability shall belong to them if they fail to comply with this obligation.

SUSEY owns all intellectual rights in the data and information generated by the use of the Website or the Application. SUSEY may prepare reports containing demographic information with such information without disclosing User membership information, or may use such information or reports itself, and may share such reports and/or statistics with business partners and third parties with or without charge.

Article 10 - Evidence Agreement

The Parties agree that in any dispute that may arise from the Agreement, SUSEY's official books and commercial records, electronic information kept in its database and servers, computer and audio records and correspondence shall constitute evidence, and that this article has the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

Article 11 - Amendments to the Agreement and Severability

SUSEY may, entirely at its own discretion and unilaterally, amend this Agreement at any time it deems appropriate by announcing it on the Website, the Application or another medium it specifies. The amended provisions of this Agreement shall become effective on the date they are announced or, if there is a previously specified effective date, on that effective date; the remaining provisions shall remain in force exactly as they are and shall continue to produce their terms and consequences. This Agreement may not be amended by the unilateral statements of the User. If any provision of this Agreement is determined to be unenforceable, invalid or unlawful, this shall not mean that the remaining articles are also invalid, unlawful or unenforceable.

Article 12 - Force Majeure

Situations occurring beyond SUSEY's reasonable control, which prevent and/or delay SUSEY from fulfilling its obligations arising from the Agreement, such as fire, natural disaster, epidemic, strike or employee-employer disputes, war or other acts of violence, or orders or instructions or legal regulations of any governmental institution or authority, shall constitute force majeure.

In the event of force majeure, SUSEY's obligations arising from the Agreement shall be suspended. SUSEY shall not be held responsible for failure to fulfill its obligations fully or on time due to force majeure.

Article 13 - Termination of the Agreement

This Agreement shall remain in force and continue to produce its terms and consequences between the Parties as long as the User visits the Website or the Application or is a member of SUSEY; it shall be deemed terminated if the User's membership is temporarily or permanently suspended. However, Articles 7, 8, 9 and 10 of this Agreement shall remain valid indefinitely even if this Agreement terminates.

SUSEY may unilaterally terminate the Agreement if the User violates this Agreement and/or similar rules regarding use, membership, services and products included in the Website/Application, and the User shall be obliged to compensate all damages suffered by SUSEY due to the termination.

The User may terminate this Agreement, except for the provisions of Articles 7, 8 and 9, by terminating their membership at any time.

Article 14 - Applicable Law and Resolution of Disputes

This Agreement shall be governed by and interpreted in accordance with Turkish Law. If a dispute arising from the Agreement cannot be resolved, any and all disputes arising in connection with this Agreement shall be resolved by the Istanbul (Çağlayan) Courts and Enforcement Offices.

Article 15 - Entry into Force and Miscellaneous Provisions

Except as stated in this Agreement, transactions to be carried out by Users through the SUSEY Website or Application shall also continue to be subject to the relevant rules introduced for such transactions (for example: the Distance Sales Agreement).

This Agreement shall enter into force between the Parties for an indefinite period as of the User's visit to the Website or the Application or completion of the User Registration Form. This Agreement is stored electronically by SUSEY during the period of use.