MEMBERSHIP AGREEMENT

PARTIES

This agreement ("Agreement") has been signed by and between Koton Mağazacılık Tekstil San. Ve Tic. A.Ş. located at Ayazağa Mah. Maslak Ayazağa Cad. No:3 İç Kapı No:5 Sarıyer Istanbul (hereinafter referred to as "Koton") and the member (“Member”) of website www.koton.com ("Website") with the following conditions.

PURPOSE AND SCOPE OF THE AGREEMENT

This Agreement has been prepared in order for the Member to become a member of the Website, to become a member of and to participate in the loyalty program, to set forth the terms and conditions of the membership and loyalty program and to regulate the rights and obligations of the parties in this context.

Becoming a Member of the Website also incurs benefits for the member from the loyalty program. The terms and conditions regarding the Member's loyalty program of Koton are specified under the "Loyalty Program" title of this Agreement.

The loyalty program features used by the Website Member are a program that enables the Member to earn points in Koton physical stores to be determined by Koton, in the purchases to be made through the www.koton.com website and Koton mobile application, and then to shop by using these points under the terms of this Agreement.

Koton has the authority to change the terms and conditions of the membership and loyalty program within the framework of this Agreement at any time. This Agreement will be updated and submitted to the Member as part of the changes that may occur in the terms and conditions of the program.

WEBSITE MEMBERSHIP

After completing the registration process on the Website and confirming the email address, the Member may start using the Website by entering his/her email address and password, provided that the Member complies with the terms and conditions specified in this Agreement.

In the event that the Agreement is concluded on behalf of a legal person, the person who concludes the Agreement agrees, represents and warrants that he/she is authorized to perform such a transaction on behalf of the said legal person, otherwise (in case of unauthorized transaction), he/she is personally responsible for all the consequential transactions he/she performs/will perform from now on.

The Member agrees that the Member will be deemed to have agreed all the terms of the Agreement from the moment the Member starts to use the Website and approves the Agreement and these terms will be binding on the Member. Koton reserves the right to change the conditions specified below at its own discretion and to notify the Member of the changes when necessary in accordance with the legislation or this Agreement.

RIGHTS AND OBLIGATIONS OF THE MEMBER

The Website is accessible to everyone who is a member of the Website. The services provided through the Website are free of charge. The Member agrees, represents and warrants that he/she will act in accordance with all the terms and conditions in the agreement and the rules specified in the relevant sections of the Website in his/her use of the Website.

While benefiting from the services offered on the Website, the Member agrees to comply with the provisions of the Code of Obligations, Turkish Penal Code, Turkish Commercial Code, Law on Intellectual and Artistic Works, Law on the Protection of Trademark and Patent Rights, Decree Law, Personal Data Protection Law and other relevant legislation and all kinds of announcements and notifications to be published by Koton regarding its services. All kinds of legal, criminal and financial responsibilities that may arise due to these notifications and illegal use belong to the Member.

The Member shall fully compensate all kinds of damages to be incurred by Koton due to any acts act contrary to the obligations undertaken under this Agreement; Koton has the right to recourse to the Member for all kinds of compensation, administrative/judicial fines that the Member may have to pay to public institutions and/or third parties due to the violation of the Agreement.

The Member may not take actions that prevent or make it difficult for other members and visitors to use the Website; may not load and lock servers or databases with automatic programs, and may not make misleading attempts; otherwise, he/she agrees that his/her membership will be terminated and that he/she will assume all kinds of legal and criminal responsibility that may arise from this situation.

It is the responsibility of the persons to take a backup copy of the correspondence made within the Website and it is recommended by Koton. Koton may not be held liable for the loss and deletion of correspondence due to not taking backups.

The Member represents and warrants that the personal and other information he/she gives while registering on the Website or shopping is accurate and that if this information is not accurate, he/she shall fully and immediately compensate all damages to be incurred by Koton for this reason. The risks related to the links (links to different websites) on the Website for the purpose of providing information and convenience to visitors belong to the Member. These links are included by Koton in the content of the Website only for the purpose of providing information and convenience to visitors.

The visual and written content offered on the Website is for personal use. All rights of all texts, graphics, photographs, videos, animations, sounds in the content of the Website are reserved; unless otherwise stated, it may not be used for commercial or personal purposes without permission and without reference. It is forbidden to publish or link to any element on the Website in another medium or website without the permission of Koton.

The Member may not use, resell, share, distribute, exhibit, reproduce, process, make derivative works from, or prepare Koton's works subject to copyright on the Website under any circumstances. Otherwise, the Member represents, agrees and warrants that he/she will be responsible for all the damages that Koton has suffered or may suffer. The copying or use of the software, which is used in the design of the pages and the creation of the database and belongs to Koton, is strictly prohibited.

The Member may not delete or remove the notes as part of copyright, trademark and the Law on Intellectual and Artistic Works from any material copied or printed from the Website.

The relations of the Website users with each other or with third parties are the responsibility of the individuals.

Koton attaches importance to the processing, security and protection of personal data provided by the Member through the Website in accordance with other relevant legislation, including the Law on Protection of Personal Data No. 6698, in order to benefit from the services offered on the Website. Detailed information about the processing of personal data and the rights of the Member on the Website are included in the notification at https://www.koton.com/kisisel-verilerin-korunmasi page independently of the Agreement and are available to the Member.

RIGHTS AND OBLIGATIONS OF KOTON

In the following cases, in addition to all rights arising from the law, Koton has the right to cancel the said transactions, stop the use of the Member, terminate the Member's membership, and unilaterally terminate this Agreement immediately:

· In the event that incorrect, irregular, incomplete and misleading information, statements that do not comply with general moral rules and information that does not comply with the laws of the Republic of Turkey are recorded on the Website;

· In the event that the works and data on the Website are used or attempted to be used by copying partially or completely;

· In the event that the usage rights of the information such as username and password given to the members by Koton due to being a member of the Website or determined by them are shared with third parties, the Member is directly responsible for the malicious use of his/her password by other persons. Similarly, the Member may not use the IP address, email address, username and other information of another person on the internet or access or use the private information of other Members without permission. All kinds of legal and criminal obligations that may arise from such use belong to the member;

· In the event of using software that will threaten the general security of the Website, prevent the operation of the Website and the software used, performing activities, trying to do so, and obtaining, deleting, changing information;

· In the event that Koton detects the misuse of the sales system or the Website by the Member in the form of damaging Koton by taking advantage of any deficit (technical, etc.) of Koton campaigns, sales system or the Website, providing an unfair benefit, making repeated applications,

· In the event that the Member violates all the conditions in the Agreement and the rules specified in the relevant parts of the Website and the applicable legislation in the use or shopping of the Website.

Koton warrants to provide the Member with the services subject to the agreement, without prejudice to the right to permanently or temporarily stop the service it provides unilaterally, to change or cancel the content of the service, and to benefit from the services/interests subject to the technical failures and loyalty program, except for the condition that the membership of the loyalty program is available/active.

The Member shall act in accordance with the above-mentioned provisions. Otherwise, Koton has the right to terminate this Agreement immediately. The Member agrees, represents and warrants that he/she has read and information from the moment he/she approves this Agreement and starts to use the Website.

LOYALTY PROGRAM

Membership for Koton loyalty program is free. Memberships can be defined electronically through QR codes or by visiting the Member's website www.koton.com The membership form can be completed through the Koton Mobile Application or from Koton stores in the physical environment.

With its loyalty program, Koton provides various benefits to the Member in line with the products and services purchased and other transactions, such as meeting the relevant conditions and/or earning points for all Members, benefiting from personalized opportunities, and participating in campaigns. Koton carries out the necessary processes and operates the program in order to provide the benefits to the person such as calculating the points earned by the Member as part of this loyalty program, informing him/her about the points earned, and reminding him/her of the points that will expire. The member can query the points balances from Koton stores or via SMS.

The points of the Member shall be uploaded to the loyalty card 1 (one) day after the shopping date for the purchases made in the physical store; and for the purchases made on the website www.koton.com, after the invoice of the relevant order is issued. In this context, the points earned can only be used at once and may not be used in fragments. Earned points can only be used if the member's loyalty program membership is available/active. For the avoidance of doubt, in the event that the member's membership in the loyalty program expires and/or the member requests the cancellation of the loyalty program membership, the points earned by the member shall be deleted and it shall not be claimed that the points earned by the member and/or the benefits provided as part of the loyalty program are vested rights.

If the Member wants to use points in the physical store, he/she will need to notify the relevant store personnel of the verification code received by his/her phone number; if he/she wants to use points from the website, he/she will need to log in to the Member based on the membership he/she has previously created on the www.koton.com website. In order for the Member to use points; he/she must already have a membership on the www.koton.com website and complete the relevant shopping after logging in as a member, and his/her loyalty program membership must be current/active (the Member's loyalty program membership has not expired and/or the Member has not requested the cancellation of his/her loyalty program membership). The member will be able to use the points he/she has earned within the year in which the points are earned; Points that are not used within this period will be deleted at the end of the year in which the points are earned.

The program is exclusively offered to the Member in line with the management of Koton. In this context, Koton may change the program conditions, the channels where the program is offered and the conditions for the use of the points at any time. Without prejudice to this right of Koton; in purchases made as a loyalty card member, the Member will be able to earn points that can be used within a certain period of time/period or to be used in case of shopping above a certain amount. The Member's ability to use the points he/she has earned and to benefit from the points will depend exclusively on meeting the conditions determined by Koton. Provided that the loyalty program membership is available/active, the Member will in any case earn points from all purchases made with the loyalty card in a way that can be used under different conditions.

When it comes to the return/cancellation of the purchase made by the Member using the points accumulated as part of the loyalty card, the points used will not be returned to the Member.

The points that the Member is entitled to based on Member’s shopping will be deleted and will not be used if the order is returned, if the points earned based on the shopping are not used before the return, if the loyalty program membership is terminated, if he/she requests the cancellation of the loyalty program membership. If the member has used the points earned from the product returned before the return, the point used as part of the relevant shopping before the return will be reflected as a negative to the point balance.

The member may not make the benefits to be offered to him/her as part of the program available to third parties, may not ensure or mediate the benefit of third parties, and may not use it as part of his/her own commercial activities. If it is determined by Koton that the Program is abused or that these provisions are violated, or if there is a suspicion in this regard, the Member's membership in the loyalty program may be suspended or terminated. In such cases, the Member does not have any claim rights and may not claim that the benefits as part of the loyalty program are vested rights.

TRANSFER, SCOPE, DURATION AND ENFORCEMENT OF THE AGREEMENT

The Agreement shall automatically be null and void upon the termination of the membership or upon the occurrence of any of the termination conditions listed in the Agreement without the need for any warning.

The Member agrees in advance that, if deemed necessary by Koton, it may cancel its membership to the Website and terminate this Agreement, provided that it notifies the Member of the reason.

Koton may make unilateral changes in this Agreement at any time and without prior notice in order to ensure the continuity of the services it warrants.

Koton has the right to permanently or temporarily stop the service it provides unilaterally, to change or cancel the content of the service, including the prices published on the Website, at any time, without giving any reason, provided that the final purpose of the Website and the services it offers remain basically the same.

If deemed necessary, Koton will publish the updated membership terms and conditions on the Website with the date updated under the same link and will be able to notify the Member. The updated membership terms will be valid from the moment they are published on the Website, and the use of the Website or services will be bound by the new membership terms from that moment.

Different rules and obligations specific to the relevant section may be determined in certain parts of the Website. The Member using these sections shall be deemed to have read and accepted the relevant rules.

The Member irrevocably agrees, represents and warrants that Koton may transfer or assign the Agreement to third parties and that it has already permitted the transfer of the Agreement in accordance with Article 205 of the Code of Obligations.

GENERAL PROVISIONS

The validity, interpretation and performance of this Agreement shall be governed by the laws of the Republic of Turkey. Istanbul Central Courts and Enforcement Offices are authorized to resolve disputes that may arise from the implementation of this Agreement. The email address notified by the Member when he/she becomes a member of the Website is considered as the legal notification address for all kinds of notifications to be made in relation to this Agreement.

The parties agree that if they do not notify the other party of the changes in their existing email addresses within 3 (three) days, the notifications to be made to the old email addresses shall be valid and deemed to have been made to them.

Any notification made using the registered email address of the Member shall be deemed to have been received by the Member 1 (one) day after the email is sent by Koton. The Member represents, agrees and warrants that it has read, understood and agreeed all of the articles in this Agreement and that it confirms the accuracy of the information provided.

COMPANY DETAILS

For any additional information, you can reach www.koton.com at any time through the email address or phone number with the contact information below.

Koton Mağazacılık Tekstil Sanayi ve Ticaret A.Ş.

Address:

Ayazağa Mahallesi Maslak Ayazağa Caddesi No:3 İç Kapı No:5 Sarıyer/ISTANBUL

Phone:

0850 208 71 71

Customer

Services: mim@koton.com