WEBSITE TERMS OF USE AND MEMBERSHIP AGREEMENT

1. PARTIES

This Membership Agreement (“Agreement”) has been entered into and entered into force within the framework of the terms and conditions set forth below between Metamorfoz Tarım Anonim Şirketi (“Company”), located at Maslak Mah. Ahi Evran Cad. Olive Plaza No:11/2 Sarıyer/İstanbul, on one side, and the visiting member (“Member”) who benefits from the services offered through the website with the domain name https://oliveoriental.com/, on the other side.

The Company and the Member shall individually be referred to as "Party" and collectively as "Parties".

2. DEFINITIONS

For the implementation and interpretation of this Agreement, the terms defined below shall be used in the meanings specified opposite them:

TCO: Refers to the Turkish Code of Obligations No. 6098,

Law: Refers to the Law on Consumer Protection No. 6502,

User: Refers to the real person who accesses the Site and reviews the content and services offered on the Site without creating a membership,

LPPD / KVKK: Refers to the Law on the Protection of Personal Data No. 6698,

Materials: Refers to all materials including any audio, visual, and written content on the Site, as well as the overall appearance and design of the Site, and all information, images, trademarks, domain names, logos, icons, demonstrative, written, electronic, graphic, or machine-readable technical data, computer software, sales systems, business methods, and business models available on the Site,

Site: Refers to the website belonging to the Seller with the domain name https://oliveoriental.com/,

Product(s): Refers to the products offered for sale by the Seller through the Site and ordered by the Buyer,

Member(s): Refers to the real person(s) who create(s) a membership account on the Site by accepting this Agreement and benefit(s) from the services offered on the Site within this scope.

3. SUBJECT

This Agreement governs the conditions for the User's inclusion in the membership infrastructure offered through the Site, access to said channels, and utilization of membership, content, campaign, informational, communication, and digital services provided through these channels; and within this scope, regulates the Site usage by the Parties, the creation and operation of the membership account, the suspension or termination of membership, the rules regarding user conduct, and the mutual rights and obligations of the Parties.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. Rights and Obligations of the Member

-4.1.1. The User agrees that the information and declarations submitted to the Company during the membership process are accurate and true to the facts. In the event of a subsequent change in the information shared during membership, the Member is obliged to update this information. If the Company suffers any damages due to the inaccuracy of this information, the Member acknowledges, declares, and undertakes that they are obliged to compensate the Company for such damages immediately and in cash upon first demand.

-4.1.2. If the Member shares personal data belonging to third parties (such as delivery details belonging to another person, details regarding a different cardholder used in payment transactions, etc.) while becoming a member of or using the Site, the responsibility for obtaining the necessary explicit consent from the respective data subjects in accordance with the LPPD (KVKK) belongs exclusively to the Member. The Member is also obliged to inform the said individuals regarding the Clarification Text on the processing of their personal data. Within this scope, the Member accepts and declares that no liability originating from the sharing of personal data belonging to third parties can be attributed to the Company.

-4.1.3. To create a membership account, it is sufficient for the User to enter the information regarding the membership account accurately and up-to-date and to check the approval/consent box regarding the acceptance of this Agreement; upon completion of these actions, the membership relationship shall be deemed established.

-4.1.4. The Member shall under no circumstances transfer their created membership account, including their username, password, and membership profile, to third parties or make it available for use by third parties. The Member is personally and exclusively responsible for the use and management of all information providing access to the membership account. Transactions performed using the Member's account, username, and password shall be deemed to have been performed by the Member, unless proven otherwise. The Member shall be exclusively responsible for any damages that the Member and/or third parties may suffer due to the use, loss, or transfer of this information by persons other than the Member.

-4.1.5. The Member agrees that the Company may change the operating conditions of the Site without prior notice, temporarily or permanently suspend the use of the Site, and terminate the membership. The Company and its business partners within the scope of the program shall not assume any liability for disputes that may arise due to late or erroneous transmission of announcements, campaigns, promotions, points, and similar advantages, or the inability to provide them to the Member due to faults that may occur in the electronic infrastructure operating the Site.

-4.1.6. The Member acknowledges, declares, and undertakes that this Agreement is valid across all digital platforms where the Company's Site operates.

-4.1.7. While using the Site, the Member cannot engage in conduct that disrupts public order, constitutes a crime, violates the personal rights of the Company or third parties, breaches intellectual and industrial property rights, is disturbing or harassing to individuals, creates discrimination based on age, race, gender, or similar reasons, or violates or encourages the violation of people's right to live in a healthy environment or animal rights.

-4.1.8. Furthermore, the Member cannot use viruses, Trojan horses, spam, and similar harmful software or methods aimed at preventing or restricting others from benefiting from the Site or the services offered by the Company; nor can they engage in activities aimed at accessing protected information and data of other persons or organizations through the Site or by using the services provided to them on the Site. The Company cannot be held liable for any consequences that may arise from contrary behaviors. All responsibility due to such behaviors belongs exclusively to the Member.

4.2. Rights and Obligations of the Company

-4.2.1. The Company, entirely at its own discretion and without stating any reason, may reject membership applications or subject the acceptance of a membership application to additional terms and conditions.

-4.2.2. The Company reserves the right to make modifications to this Agreement without stating any reason and without prior notice, and the modifications made shall be valid and binding for the Parties as of the date they are published on the Site.

-4.2.3. The Company accepts that it is obliged to protect the personal data and other information belonging to the Member in accordance with the Privacy Policy and Clarification Text on the Protection of Personal Data available on the Site, as well as the applicable legislation.

-4.2.4. The Company accepts that it is obliged to publish up-to-date information regarding the terms of use of the Site on the Site and to inform Members via the Site when necessary.

-4.2.5. Neither the Company nor its board members, executives, employees, and persons preparing the content on the Site accept any liability for direct or indirect material and/or moral damages that may arise due to breach of contract, tort, negligence, or other reasons resulting from accessing the Site or using the Site or the information, data, programs, and similar elements contained on the Site; furthermore, the Company cannot be held responsible for matters such as interruption of transactions, errors, omissions, delays, or interruptions.

-4.2.6. All intellectual and industrial property rights regarding the Materials on the Site belong to the Company, unless explicitly stated otherwise, and are protected under the applicable legislation. The Materials cannot be modified, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, presented, or distributed, including code and software, without prior permission and without citing the source; the whole or any part of the Site cannot be used on another website without authorization. Contrary uses generate legal and criminal liability; all other rights of the Company not explicitly stated herein are reserved.

-4.2.7. Although the Company has taken the necessary precautions within current technical capabilities to ensure that the Site is free from viruses and similar malicious software, the User must obtain their own virus protection system and ensure the necessary protection for ultimate security; the User is deemed to have accepted that they are personally responsible for any errors that may occur in their own software and operating systems due to accessing the Site, as well as their direct or indirect consequences.

5. TERMINATION OF THE AGREEMENT

This Agreement shall remain in force until the Member cancels their membership or until their membership is canceled by the Seller. In the event that the Member breaches any provision of this Agreement, the Seller may terminate the Agreement unilaterally by canceling the Member's membership.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. All elements of the Site (including, but not limited to, design, text, image, HTML code, and other codes) are used as the property of the Seller and/or under a licensing right obtained by the Seller from a third party (works subject to the Seller's copyright). Members may not resell, share, distribute, exhibit, reproduce, create or prepare derivative works from, or permit anyone else to access or use the Seller’s services, the Seller’s information, and the Seller’s copyrighted works; otherwise, they shall be responsible for covering, immediately and in cash upon first demand, the amount of compensation claimed from the Seller due to damages incurred by third parties—including, but not limited to, licensors—as well as all other obligations, including but not limited to court costs and attorney's fees.

6.2. All assets, real and personal rights, commercial information, and know-how of the Seller—including its services, information, copyrighted works, trademarks, trade dress, or any kind of proprietary and intellectual property rights owned through the Site—are strictly reserved.

7. LIMITATION OF LIABILITY

The Seller shall not be held liable for any direct or indirect damages that may arise from accessing the Site, using the Site, or utilizing the information, other data, programs, etc. on the Site, based on breach of contract, tort, or any other reasons. The Seller accepts no liability for transaction interruption, error, negligence, or interruption resulting from a breach of contract, tort, negligence, or other causes. It is acknowledged that the Seller is released from all liabilities, as well as any damages and rights of claim, including court and other expenses, that may arise as a result of accessing this Site or other hyperlinked websites, or using the Site.

8. FORCE MAJEURE

In all cases legally deemed to be force majeure, the Seller shall not be liable for delayed performance or non-performance of this Agreement. These and similar situations shall not be construed as delay, non-performance, or default on the part of the Seller, nor shall any obligation for compensation arise for the Seller in respect of these situations.

9. GENERAL PROVISIONS

9.1. If any provision or part of a provision of this Agreement becomes invalid or unenforceable pursuant to a decision of a competent court or administrative authority or the provisions of applicable legislation, such invalidity or unenforceability shall not affect the validity and enforceability of the remaining provisions of this Agreement. The provision in question shall be deemed severed from the text of the Agreement, and the Agreement shall remain in full force and effect with its remaining provisions.

9.2. The Parties declare and accept that all provisions of this Agreement have been determined by their own free will, that they have thoroughly evaluated the content of the Agreement and agreed upon its terms; that the Agreement has been prepared considering the TCO, the Law, and relevant secondary legislation; that the provisions of the Agreement do not place either Party in an overtly disadvantageous or negative position, and that the principle of reciprocity has been taken as the basis in all regulations.

9.3. Any notifications and notices to be served under this Agreement shall be made to the address of the Company specified in the Agreement and to the address declared by the Member during membership registration. Unless either Party notifies the other Party in writing of any change of address, notifications made to the existing addresses shall produce all legal consequences of a valid notification.

9.4. The Seller may assign this Agreement in whole or in part at any time without prior notice. However, the User and the Member cannot assign this Agreement or any part thereof to another party.

10. COMPETENT COURT

10.1. In the resolution of disputes that may arise from this Agreement and/or its implementation, the computer, system, transaction, and communication records, as well as magnetic media records of the Seller, shall be taken into consideration as evidence.

10.2. Disputes arising from this Agreement shall be submitted to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction is performed, within the monetary limits specified in the Law.

11. ENFORCEMENT

By giving their consent to this Agreement while creating a membership account on the Site, the Member shall be deemed to have accepted all provisions of the Agreement.