MEMBERSHIP AGREEMENT

MEMBERSHIP AGREEMENT

1. PARTIES

This Membership Agreement ("Agreement"); has been concluded between GROOT GAMES TEKNOLOJİ A.Ş. ("GRT"), the owner of www.grootgida.com and mobile device applications and located at Altıntepe Mah. İstasyon Yolu Sok. No:3/1 MALTEPE - İSTANBUL; and the website user who has become a member of www.grootgida.com and its mobile application ("Platform") by accepting the following terms or the user who has become a member of the applications installed on mobile devices ("Member"), in order to determine the conditions regarding the Member's use of the Services offered by GRT. GRT and the Member shall be referred to individually as a "Party" and collectively as the "Parties" in this Membership Agreement. GRT and the Member shall be referred to individually as a "Party" and collectively as the "Parties" in this Membership Agreement.

2. DEFINITIONS

Open Market refers to the model in which GRT acts as a commercial representative in the product and/or service sales made by Sellers through the Platform by bringing Sellers and Buyers together through the Platform, as an "intermediary service provider" only in accordance with Law No. 6563 on the Regulation of Electronic Commerce and as a "hosting provider" in accordance with Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed through Such Publications.

Buyer

Refers to real persons who purchase products and/or services from the Platform.

Privacy Policy and Data Protection Statement

Refers to the text that regulates GRT's general privacy policy regarding personal data and the use of cookies, including issues such as for what purposes and in what manner the personal data transmitted by Members through the Platform will be used by GRT, and can be accessed via the Platform from the link https://www.grootgida.com/kisisel_verilerin_korunmasi.html.

My Account Page

It refers to the Member-specific page where the Member can perform the necessary transactions to benefit from various applications and Services on the Platform, enter their personal information and the information requested from them on an application basis, and can only be accessed with the username and password determined by the relevant Member.

Services

It refers to the applications put forward by GRT in order to enable Members to perform the work and transactions defined in this Membership Agreement. It refers to the legal/real person member who becomes a member of the Platform within the scope of the Seller Business Partnership and Advertisement Agreement made with GRT in Seller Open Market boutiques and offers various products and/or services for sale through the advertisements published through the account they created.

3. RIGHTS AND LIABILITIES

3.1. In order to gain membership status, the user who wants to become a Member must approve this Membership Agreement on the Platform and fill in the information requested herein with correct and up-to-date information, and the Membership application must be evaluated and approved by GRT. The user who wants to become a Member must be at least 18 (eighteen) years of age. The Membership status begins with the completion of the approval process and notification to the Member, and thus the Member acquires the rights and obligations specified in this Membership Agreement and in the relevant places of the Platform. The Member who does not provide correct and up-to-date information while filling out the said Membership Agreement is personally responsible for all damages that may arise due to this reason.

3.2. In case of a dispute as to which person the membership rights and obligations belong to and if the said persons make a request to GRT in this regard, the Membership account owner will be accepted as the last person who made a payment to GRT for any Service using the relevant Membership account and will act accordingly.

3.3. The Member accepts and declares that if he/she wants to initiate any legal transaction or purchase process regarding the advertisements he/she views on the Platform, he/she is obliged to fulfill all necessary legal obligations and legal procedures, including those included in the Platform, and that GRT has no knowledge or responsibility regarding such obligations and procedures.

3.4. In Open Market boutiques, in other words, if GRT is not the seller of any product or service included in the Platform, GRT is only an "intermediary service provider" pursuant to Law No. 6563 on the Regulation of Electronic Commerce and a "hosting provider" pursuant to Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through Such Publications. GRT is not responsible for the reality, reliability, accuracy or legality of any visual, written or other content included in the Platform in Open Market boutiques and not published by him/her, and has no obligation to check the accuracy of such content.

3.5. The Member accepts and declares that in the distance sales contracts to be executed in the purchases to be made from any Seller via the Platform in Open Market boutiques, the Seller is the seller and the Member is the buyer; GRT is not a party to the said distance sales contract relationship; therefore, only the Seller is personally responsible to him/her within the scope of the applicable consumer law legislation and other legislation. In this context, the Seller shall be directly and exclusively responsible for the quality of all products exhibited and sold in Open Market boutiques, their compliance with the legislation, issuance of warranty certificate, invoicing and delivery of other necessary documents and necessary after-sales services etc. and delivery of the products on time.

3.6. In Open Market boutiques, GRT, due to its status as an intermediary service provider and its authority in the contract signed with the Seller; shall have the authority to collect the product price on behalf of the Seller for the products that the Member will purchase from the Seller, and the Buyer shall be relieved of its payment obligation to the Seller with this payment to GRT and shall not be obliged to make any additional payments to the Seller.

3.7. The Member declares that he/she accepts to act in accordance with the provisions of this Membership Agreement, all conditions specified on the Platform, applicable legislation and ethical rules in the transactions and correspondences he/she carries out on the Platform. The Member shall be held legally and criminally responsible for the transactions and actions he/she performs within the Platform.

3.8. GRT may share the information it holds about the Member with the relevant authorities upon request in accordance with the applicable legislation.

3.9. Personal data received from Members during membership to the Platform and/or during shopping may be transmitted to other Members and/or Sellers who may be parties to the dispute, in disputes arising between Members and/or Sellers regarding forgery, fraud, misuse of the Platform, and issues that may constitute a crime within the meaning of the Turkish Penal Code, only for the purpose of the parties exercising their legal rights, limited to the requested subject, and only within this scope.

3.10. The username and password information required by the Member to access the My Account Page and perform transactions through the Platform are created by the Member, and the security and confidentiality of such information are entirely the responsibility of the Member. The Member accepts, declares and undertakes that the transactions performed with his/her username and password have been performed by him/her, that he/she is responsible for these transactions in advance, that he/she cannot raise any defense and/or objection that he/she did not perform the work and transactions performed in this way, and/or that he/she will not avoid fulfilling his/her obligations based on this defense or objection.

3.11. The Member shall not use the Platform in a manner contrary to law and morality, particularly in the following cases:

• Using the Platform to create, control, update or change a database, record or guide on behalf of any person;

• Using the Platform in its entirety or in part for the purpose of disrupting, changing or reverse engineering; · Creating fake Membership accounts using false information or another person's information, using false or misleading personal data including false or misleading residence address, e-mail address, contact, payment or account information, and using these accounts in a manner contrary to the Membership Agreement or applicable legislation, using another Member's account without permission, becoming a party or participant in transactions by impersonating another person or under a false name;

• Using the comment and rating section for purposes other than those for which it is used, such as publishing comments on the Platform outside the Platform, or using them in a manner other than those for which it is used to manipulate systems;

• Sharing any content on the Platform in the comments section that constitutes a crime, results in or encourages the violation of the rules on the website, applicable legislation or international agreements, is illegal, threatening, contains advertising and/or marketing content, is disturbing, contains insults and profanities, is degrading, humiliating, rude, pornographic or immoral, is against the generally accepted rules of society, is against personal rights, is against intellectual and industrial rights, creates unfair competition and/or any similar content; • Spreading viruses or any other technology that harms the Platform, the Platform's database or any content on the Platform; · Activities that will create unreasonable or disproportionately large loads on communications and technical systems determined by the Platform or that will harm technical operation, use of "screen scraping" software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling on the Platform without the prior written permission of GRT, and unauthorized copying, publication or use of all or part of any content on the Platform in this manner.

3.12. In the event that the Member uses the Platform in violation of any article in this Agreement, primarily Article 3.11, GRT has the right to prevent the Member from using the Platform in whole and/or in part, partially and/or completely. In this context, GRT will continuously review the comments and ratings section specified in Article 3.11, and if a comment is detected as specified in Article 3.11, the content in question will not be published on the Platform. The Member accepts, declares and undertakes that the final decision belongs exclusively to GRT.

3.13. The Member is obliged to carry out the transactions made on the Platform in a way that does not cause any material or technical damage to GRT. The Member accepts and undertakes that they have taken all necessary precautions, including using the necessary protective software and licensed products, to ensure that the Platform does not contain any programs, viruses, software, unlicensed products, trojan horses, etc. that may harm the Platform. The Member also accepts that they will not enter the Account Page with robot or automatic login methods.

3.14. It is against the law to use the Platform or the content on it in violation of the terms of use determined by this Membership Agreement or the provisions of the applicable legislation; GRT reserves the right to make relevant claims, lawsuits and follow-ups.

4. PRIVACY

4.1. GRT attaches importance to the processing, security and protection of personal data provided by the Member through the Platform in order to benefit from the Services offered on the Platform, in accordance with all legislation, including the Personal Data Protection Law No. 6698. In this context, GRT collects, uses, transfers and otherwise processes the personal data provided by the Member in accordance with the Privacy Policy located at the link https://www.grootgida.com/kisisel_verilerin_korunmasi.html. The Privacy Policy is an integral part of this Membership Agreement.

4.2. By using the Services and/or creating an account, the Member expressly and freely consents to the collection, use, transfer and other processing of their personal data as specified in the Privacy Policy. For more information on the conditions of use of personal data and your rights in this regard, you can review our Privacy Policy and you can exercise your rights arising from the legislation by sending an e-mail to kvkk@grootgida.com e-mail address.

4.3. Personal data declared by the Member on the Platform and consented to be shared; are collected, stored, processed, used and shared with 3rd parties based on our contractual relationships by GRT or its business partners in accordance with the Privacy Policy for the purposes of fulfilling the obligations determined by this Membership Agreement, carrying out the applications required for the operation of the Platform, providing and offering various advantages to the Member and conducting special advertising, sales, marketing, surveys, all kinds of electronic communication, profiling and statistical studies for the Member.

4.4. The Member accepts and declares that he/she consents to the use and storage of his/her personal data by GRT in this way. GRT shall disclose the personal data in question in accordance with the Law on the Protection of Personal Data No. 6698, Art. 12. The Member shall take all necessary measures to ensure that personal data is stored securely and to prevent unauthorized access and unlawful data processing. The Member has the right to exercise the rights he/she has on his/her personal data pursuant to Article 11 of the Personal Data Protection Law No. 6698 and to make changes or updates to these data at any time.

5. INTELLECTUAL PROPERTY RIGHTS

The “Trendyol” brand and logo, the design, software, domain name of the “Trendyol” mobile application and the Platform, and all kinds of brands, designs, logos, trade dress, slogans and all other content created by GRT in relation to these are owned by the member. The member cannot use, share, distribute, exhibit, reproduce or create derivative works from the intellectual property rights owned by GRT or its affiliates without the written permission of the member. The member cannot use the whole or part of the mobile application or the Platform in another medium without the written permission of GRT. In the event that the member acts in a manner that violates the intellectual property rights of third parties or GRT, the member is obliged to compensate all direct and indirect damages and expenses of GRT and/or the third party in question.

6. AMENDMENTS TO THE AGREEMENT

GRT may, at its sole discretion, unilaterally change this Membership Agreement and any policy, provision and condition on the Platform, including the Privacy Policy, at any time it deems appropriate, provided that they are not contrary to the provisions of the current legislation, by announcing them on the Platform. The amended provisions of this Membership Agreement will become valid on the date they are announced on the Platform, and the remaining provisions will remain in force and continue to have their provisions and consequences. 7. FORCE MAJEURE If riots, embargoes, state interventions, rebellions, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, including labor disputes, cyber attacks, communication problems, infrastructure and internet failures, system improvement or renewal works and failures that may occur for this reason, power outages, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters or other events that occur outside the control of GRT, are not due to its fault and cannot be reasonably foreseen ("Force Majeure") prevent or delay GRT from fulfilling its obligations arising from this Membership Agreement, GRT cannot be held responsible for its obligations that are prevented or delayed as a result of the Force Majeure and this situation cannot be considered as a breach of this Membership Agreement.

8. MISCELLANEOUS PROVISIONS

8.1. Evidence agreement; The Member accepts that in disputes that may arise from this Membership Agreement, SA's official books and commercial records and GRT's database, e-archive records, electronic information and computer records kept on its servers shall constitute binding, definitive and exclusive evidence and that this article is an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.

8.2. Applicable Law and Dispute Resolution; This Membership Agreement shall be exclusively subject to the laws of the Republic of Turkey. Any disputes arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of the Istanbul Consumer Arbitration Committees and Istanbul (Çağlayan) Courts and Enforcement Offices.

8.3. Notification; GRT will communicate with the Member via the e-mail address provided by the Member during registration or by calling and sending SMS to the phone number. The Member is obliged to keep the e-mail address and phone number up to date.

8.4. Integrity and Divisibility of the Membership Agreement; This Membership Agreement constitutes the entire agreement between the Parties regarding the subject matter. If any provision of this Membership Agreement is determined to be invalid or unenforceable or unreasonable in whole or in part by any competent court, arbitration board or administrative authority, this Membership Agreement shall be deemed divisible to the extent of such invalidity, unenforceability or unreasonableness and the other provisions shall remain in full force and effect.

8.5. Transfer of the Membership Agreement; The Member shall not be able to assign its rights or obligations under this Membership Agreement in whole or in part without the prior written approval of GRT.

8.6. Amendment and Waiver; Failure of one of the Parties to exercise or enforce any right granted to it in the Membership Agreement shall not be deemed as waiver of such right or prevent the subsequent exercise or enforcement of such right. *This Membership Agreement consisting of 8 (eight) articles has entered into force as of the moment it is approved electronically by the Member after each provision has been read and fully understood.