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TERMS OF USE

TERMS OF USE

AGREEMENT OF USE 

1. General Provisions

1.1. The persons (“User”) who visit and/or use in any way the website “tr.uspoloassn.com” ("Website") and “U.S. Polo Assn.” mobile application ("Mobile Application") operated by Aydınlı Hazır Giyim San. ve Tic. A.Ş. ("Company") are required to read this Agreement of Use before using the Website and the Mobile Application. In the event that the terms of the Agreement of Use are not accepted by the User, the use of the Website and the Mobile Application must be ceased immediately. In the event that s/he uses the Website or the Mobile Application and/or completes the form that will include his/her personal information, the User shall have accepted and approved the terms written herein.

1.2. The Company reserves its rights to change, reorganize or stop to publish any available service, product, terms of use, and the information presented in the Website and/or the Mobile Application, without the need for any prior notice. Such changes shall come into effect on date of publication in the Website and/or the Mobile Application. The Company advises the Users to check the disclaimer page at every access to the Website and/or the Mobile Application. These terms also apply to the other linked web pages.

2. Terms of Use

2.1. Unless otherwise specified, the services given on the Website and the Mobile Application are free and accessible to all members. In the following cases, the User's use of the Website or the Mobile Application may be prevented while U.S. Polo Assn. reserves its legal rights against the person(s) found out to be related to the same:

(a) Recording into the Website and/or the Mobile Application, the data that include incorrect, incomplete and misleading information, statements and expressions against general ethics, and that are against the laws of the Republic of Turkey,

(b) Unauthorized reproduction of the contents of the Website and/or the Mobile Application, either partially or completely,

(c) Actual or attempted use of the software or engagement in activities which will compromise the security of the Website and/or the Mobile Application and prevent the software employed in the same from running, as well as receiving, deleting and changing the information, which will lead to the same result.

3. Use of Contents

3.1. The Company is the owner or licensee of all materials (“Materials”) including the general appearance and design of the Website and the Mobile Application and any information, picture, any brand, the Website domain name, logo, icon, the technical data presented in demonstrative, written, electronic, graphic or machine-readable form, computer software, the sales system, business method and business model applied as well as the intellectual and industrial property rights of the same; and the Materials are under legal protection. Including also the code and the software, no Material in the Website and/or Mobile Application may be changed, replicated, reproduced, translated into another language, republished, loaded in another computer, mailed, forwarded, presented or distributed without prior consent and without giving reference. The Website and/or Mobile Application may not be used, either completely or partially, in another website or mobile application without consent.

3.2. The User is directly and exclusively responsible for any loss and damage to arise from sharing the information such as user name, password and the usage rights defined to users or determined by themselves (from the use of such information by persons other than the User) with third parties and organizations. Likewise, the User may neither use another person's personal information such as IP address, electronic mail address, user name, etc. in the internet environment nor access/use the other Users' private information without authorization. The User is deemed to have accepted any legal and criminal liabilities possible to arise from such use.

3.3. The Company is not responsible for any direct or indirect damage to arise from the use of the Website or the Mobile Application and the other data and programs, on the basis of violation of the agreement, tort or other reasons. The Company refuses any responsibilities for abortion of the transaction, error, negligence, interruption, deletion, loss, delay of the transaction or communication, computer virus, failures in the telecommunication lines, communication error, theft, destruction, or unauthorized access to, change or use of the records due to violation of the agreement, tort or other reasons.

3.4. All contents sent to the Company by the User through the Website and the Mobile Application belong to the Company, and these contents may be used for marketing purposes.

4. Responsibilities

4.1. The User accepts that s/he shall be deemed to have accepted all provisions of this Agreement of Use from the moment s/he starts to use the Website and/or the Mobile Application, and that the agreement binds him/her. The User accepts to compensate any loss and damage to be incurred by the Company due to his/her actions against his/her liabilities under this agreement. The Company has right of recourse to the User for any compensations and/or administrative/judicial fines the Company might have to pay to public bodies and/or third persons due to the User's acts in violation of the agreement.

4.2. The transactions (visit duration, time, pages viewed) performed by the Users who use the Website and the Mobile Application are monitored for the purpose of rendering better services. Without prejudice to the terms of confidentiality, such information may be shared with the firms cooperated with in relation to advertisements, etc. for the purposes of developing the experience offered by the Website and the Mobile Application to Users as well as enhancing and improving its contents.

4.3. The User accepts to obey, while using the Website and the Mobile Application, Turkish Criminal Law, Turkish Commercial Law, the Law on Intellectual and Artistic Works, Statutory Decrees on the Protection of Trademarks and Patent Rights and the other legislative regulations, the Code of Obligations, the other relevant legislative provisions, and any announcements and notifications to be published by the Company through the Website and the Mobile Application. Any legal, criminal and financial responsibilities possible to arise from the uses against such announcements, notifications and laws belong exclusively to the User.

4.4. The User may not act in a manner preventing or making the use of the Website and/or the Mobile Application by the other Users difficult, strain/tie up the servers or databases by loading automatic programs, or attempt to practice deceit. The User accepts that his/her account shall be terminated, if the User does the acts specified herein, and s/he also accepts any legal, criminal responsibilities to arise from such a situation.

4.5. The User may terminate his/her account any time on the Website. The Website and Mobile Application access authorization of the User who has terminated his/her account shall be canceled. It is at the Company's discretion whether or not to delete any records of the User account terminated in any way. The User may not claim any right or compensation for the deleted records.

4.6. The Website and the Mobile Application may include links or references to other websites that are not controlled by the Company. The Company is not responsible for the contents of such websites or the other links they include.

4.7. In certain sections of the Website and the Mobile Application, different rules and liabilities special to such sections may be specified in the contents of the relevant section. The persons and institutions using such sections shall be deemed to have accepted such specified rules in advance.

5. Service Continuity

5.1. In order to ensure the continuity of the services it has undertaken, the Company may amend this Agreement unilaterally without making any separate notice, and has unilateral right to stop the service it renders permanently or provisionally, change the contents of the service or cancel the service, at any time and without stating any reason. In case of any amendment, the Company shall publish the updated Agreement of Use under the same link on the Website, with the updated date, and inform the same to Users by email, if it deems necessary. The Updated Agreement of Use shall be valid as of the moment of its publication on the Website, and the use of the Website and/or the Mobile Application shall be subject to the renewed Agreement of Use from that moment on.

5.2. From the moment s/he has completed and approved the registration form or purchased or ordered any service by using this system, the User shall be deemed to have accepted to observe this Agreement of Use. Upon closure of the User's account in any manner, the Contract shall become void automatically.

6. Privacy Policy

6.1. In the Website and the Mobile Application, some personal information (name, age, email address, etc.) are requested to serve the Users better. The date collected through the Website and Mobile Application is used under the Website and Mobile Application to conduct campaign works, and special promotion activities for the account of User. Except for personal information, the statistical data belonging to the transactions done through the Website and Mobile Application are analyzed and stored.

6.2. The Company does not share the information received by means of subscription forms without knowledge and opposite instruction of Users with third parties. Such information is not sold and used for commercial purposes except for activities.

6.3. Remarketing & Demographics and Interests Reports features of Google Analytics are used in the content of the Website. Users may exclude themselves from the scope of Google Analytics for Video Advertising by using advertisement settings and the advertisements of Google Video Advertising Network can be personalized. Demographic information provided by means of Google Analytics is used to customize the Website and the advertisements, if available, published on the Website according to the fields of interests of users. This information is used in target group studies and can be shared with advertisement publishers align with the information belonging to other users. This information definitely does not contain any personal information (name, surname, TR ID No, sex, age, etc.) and is used to conduct studies with regard to User tendencies and compile target group. By accepting this Agreement of Use, Users approve the share of anonymous information with advertisement publishers for advertisement and promotional purposes.

6.4. Third party providers, including Google, shall demonstrate their Website and Mobile Application advertisements in the banner spaces included in publisher websites in the internet. For the purpose of collecting information on advertisements on the basis of the visitors' past visits to the Website and the Mobile Application, and optimize and publish the advertisements, the first-party cookies and the third-party cookies are used together by the Website and the third party providers including Google.

6.5. The Personal User Information shall be disclosed to the official authorities only if they are demanded by the official authorities and it is mandatory to disclose in accordance with the mandatory legislative provisions in force.

6.6. In order to keep the security of the Users shopping through the Website and/or the Mobile Application at the utmost level, the User credit card details asked for on the payment page are never retained in the servers of the Website and the Mobile Application, or of the third party service provider companies. In this way, it is ensured that all the payment transactions are carried out between the concerning bank and the User's device through the Website and Mobile Application interface.

6.7. By approving this Agreement of Use, the User also acknowledges that the information s/he has shared with the Company is his/her personal information, and approves that such information may be shared with the other legal persons who are the Company's affiliates for the purposes of carrying out the sale and marketing activities and notifying such information in a manner compatible with each medium of communication.

6.8. It is possible to be removed from the e-mail list any time by clicking on “If you do not want to receive any campaign announcements, please click here.” link at the bottom of the e-mails sent within the framework of the Website membership, or by deselecting "I want to receive advertisement and announcement e-mails" option in "Member Profile Update" field in "My Account" section of the Website.

7. Governing Law and the Competent Court

7.1. This Agreement of Use shall be governed by and construed according to Turkish law. The Courts and Enforcement Offices of Istanbul are competent to settle any disputes and conflicts arising or possible to arise from this Agreement of Use.

AYDINLI HAZIR GIYIM SAN. VE TIC. A.Ş.