1. PARTIES:

 

This Agreement;

• RASQUAD TEXTILE FOREIGN TRADE AND INDUSTRY LIMITED COMPANY, located at HARBİYE MAH. ASKER OCAĞI CAD. SÜZER PLAZA NO: 6 INNER DOOR NO: 62 ŞİŞLİ / İSTANBUL

with

• This agreement is made between the "User" who registers and uses the website or mobile application with the domain name https://rasquad.com/ .
  

In this agreement, the COMPANY and the User will be referred to separately as a Party and together as the Parties.

2. SUBJECT AND PURPOSE OF THE AGREEMENT:

This Agreement is entered into to define the terms and conditions under which the User may use the Website https://rasquad.com/ (“ Website ”) owned by the COMPANY, and to regulate the mutual rights and obligations of the Parties in relation thereto.

The use of the https://rasquad.com/ website and mobile applications indicates that the User has read and accepted this membership agreement. Therefore, this membership agreement applies to https://rasquad.com/ This is binding for all members who use the services on the website or mobile applications with the domain name.

3. HOW AND WHAT IS THE PURPOSE OF USING THE WEBSITE?

• The website operates in the retail sector of women's clothing, featuring both conservative and modern designs.

• Users will be able to log in to the Website with the username and password they chose during registration, enabling them to make purchases and create a user profile.

• The user completes their membership by registering through the relevant section of the Website, by submitting the necessary identification information to become a member of the Website.

• To become a User by registering on the Website, you must be of legal age and not have been temporarily suspended or permanently banned from membership by the COMPANY. Individuals who are not of legal age or who, as stated above, have been temporarily suspended or permanently banned from membership by the COMPANY in accordance with this Agreement, will not be considered Users even if they have completed the Website registration process.

• The user acknowledges that they have read and fully understood this entire agreement and unconditionally accepts and approves all the terms and conditions stated in this agreement and on the website https://rasquad.com/ or its mobile applications (each mobile application may have different terms and conditions as per the relevant app store rules), and agrees in advance not to raise any objections or defenses regarding these matters.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

 

• User's Rights and Obligations

 

• By accepting this Agreement, the User acknowledges and agrees to abide by all statements made by the COMPANY regarding the use, membership, and related matters contained within the Website.

• The User may not use the service offered by the COMPANY through the Website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an illegal purpose, or infringes upon the intellectual or industrial property rights (copyright, trademark, or patent, etc.) of others. Furthermore, the User may not engage in activities or actions that prevent or hinder others from using the services provided through the Website or applications. The User hereby accepts and undertakes to comply with the restrictions mentioned above and to adhere to all legal regulations while using the Website. Otherwise, all legal and criminal liabilities arising therefrom shall be entirely and exclusively binding on the member.

• The User hereby acknowledges and agrees to fulfill all financial, technical, and administrative obligations set forth in this Agreement and its annexes, and to comply with all rules and regulations established by the COMPANY or its management, including any subsequent unilateral amendments and additions to this Agreement and its annexes by the COMPANY.

• The user may not give the password provided by the COMPANY or chosen by the user to any other person or organization. The user's rights and obligations under this agreement belong solely to the user; they cannot be transferred to others without the written consent of the COMPANY. The user is responsible for the use of the username and/or password by other persons and cannot hold dr.com.tr liable in any way for this.

• The security, safekeeping, and prevention of unauthorized access to and use of the system access tools (username, password, etc.) used by the User to access the Services offered by the COMPANY are entirely the responsibility of the User. Users acknowledge, declare, and undertake that the COMPANY shall have no direct or indirect, legal, criminal, or administrative liability for any damages suffered or that may be suffered by Users and/or third parties due to any negligence or fault on the part of the Users regarding the security, safekeeping, prevention of unauthorized access to, and use of their system access tools.

• The User acknowledges, declares, and undertakes that the information and content provided by them within the Website are accurate and lawful. The COMPANY is not obligated or responsible for investigating the accuracy of the information and content transmitted to the COMPANY by the User or uploaded, modified, or provided by them through the Website, nor for guaranteeing or warranting that such information and content is secure, accurate, and lawful. Furthermore, the COMPANY is not liable for any damages arising from the inaccuracy or errors in such information and content. If the COMPANY suffers damage due to any of the matters determined to be outside the scope of its liability under this provision, it shall have recourse against the User, together with all other additional damages.

• The User may only conduct transactions on the Website for lawful purposes while utilizing the Services offered by the COMPANY and using the Website. The User is solely responsible for all legal and criminal liabilities arising from every transaction and action performed within the Website. Each User acknowledges, declares, and undertakes that they will not use, reproduce, copy, distribute, or process the images, texts, visual and audio images, video clips, files, databases, catalogs, and lists found within the Website in a manner that constitutes an infringement of the property or personal rights or assets of the COMPANY and/or any other third party, and that they will not directly and/or indirectly compete with the COMPANY through these actions or any other means. The COMPANY shall not be held directly and/or indirectly liable in any way for any damages suffered or that may be suffered by third parties due to the User's activities on the Website that are contrary to the terms of the Agreement and/or the law; otherwise, the COMPANY reserves the right to recourse against the User.

• The user acknowledges, declares, and undertakes that, should the COMPANY conduct any raffles through or via the Website, the COMPANY will share the user information of eligible users with relevant individuals and institutions regarding the campaign and raffle in accordance with applicable laws and regulations, and that the user will not make any claim for compensation from the COMPANY for this reason.

• The user acknowledges, declares, and undertakes that they will not conduct transactions on the Website that facilitate money transfers between their own memberships or those of their acquaintances, and that they will not engage in any behavior that manipulates the functioning of the Website; otherwise, they will compensate the COMPANY for any and all damages incurred.

• All intellectual property rights related to the Website (information, texts, images, trademarks, models, slogans and other signs, page layout, etc. found on the Website) are exclusively owned by the COMPANY. The User acknowledges, declares, and undertakes that they will not use any method to download and/or copy, reproduce, modify the content on the Website, or for any other purpose for which permission and authorization have not been granted; that they will not create derivative works from this content or display them to the public. The partial or complete copying, modification, publication, online or other media transmission, distribution, or sale of the intellectual property information and other matters presented on the Website constitutes a clear and unequivocal violation of the principles and laws regarding the protection of intellectual and industrial property rights, and those who commit such acts will be held liable for their actions. They will face the resulting legal and criminal sanctions.

• Company's Rights and Obligations

 

• The COMPANY may make changes and/or adaptations to the Services at any time to enable the User to perform the business and transactions defined in the Agreement more effectively. The rules and conditions that the User is obliged to comply with regarding these changes and/or adaptations made by the COMPANY will be announced to the User on the Website.

• The COMPANY reserves the right to change the Services and content offered on the Website at any time; to permanently or temporarily suspend, restrict access to, and delete information and content uploaded by the User, including access by the User and third parties. The COMPANY may exercise this right without any notice or prior warning. Users are obliged to promptly comply with any changes and/or corrections requested by the COMPANY. Changes and/or corrections requested by the COMPANY may be made by the COMPANY itself, if deemed necessary. Any damages, legal and criminal liabilities arising from or potentially arising from the User's failure to comply with the changes and/or corrections requested by the COMPANY in a timely manner shall be entirely the responsibility of the User.

• The COMPANY reserves the right to terminate or suspend the membership of Members who provide incomplete or incorrect membership information, or who violate this membership agreement or other terms of use described on the Website, without any explanation. Furthermore, the COMPANY reserves the right to terminate or suspend the accounts of members whose information it determines has not been updated for a certain period, without any explanation.

• The COMPANY may provide links on the Website to other websites and/or portals, files, or content owned and operated by third-party businesses, providers, and other third parties that are not under the COMPANY's control. These links may be provided by the User or by the COMPANY solely for ease of reference and do not constitute an endorsement of the website or the person operating the site, or any representation or warranty of any kind regarding the websites or the information contained therein. The COMPANY has no responsibility whatsoever for the portals, websites, files, and content accessed through links on the Website, or for the services or Products offered on or in connection with the content of such portals or websites.

• The COMPANY is not responsible for any errors in pricing, products, or updates due to technical reasons, and may update or change the prices displayed and advertised on the Website and mobile applications at any time.

• The COMPANY reserves the right to contact the User through the communication channels provided by the User for informational announcements regarding the Website and/or the COMPANY, as it deems appropriate. This is accepted by the User.

 

• Electronic commercial messages regarding campaigns, raffles, discounts, promotions, and product advertisements conducted within the scope of the Website and/or COMPANY may be sent to you upon your approval during the order process, and you have the right to refuse such messages.

5. AMENDMENT OF THE AGREEMENT

The COMPANY may, at its sole discretion and unilaterally, amend this User Agreement and its appendices at any time by posting the changes on the Website. The amended provisions of this User Agreement shall become effective on the date of their publication; the remaining provisions shall remain in effect and continue to produce their legal consequences. This User Agreement cannot be amended by the User's unilateral declarations.

 

6. DURATION AND TERMINATION OF THE AGREEMENT

• This agreement is concluded for an indefinite period and will remain in effect and continue to produce its terms and consequences between the parties as long as it is not terminated by the COMPANY under Article 7 and the User's membership to the Website continues; it will be deemed terminated in the event that the User's membership expires or is temporarily or permanently suspended.

• The COMPANY shall not be liable if the User violates this Agreement and/or similar rules regarding the use, membership, and Services contained within the Website, or commits fraud, or harms the COMPANY or third parties. In the event of any actions that cause harm, including but not limited to breaches of contract or law, the COMPANY may unilaterally terminate the Agreement, and the User shall be liable to compensate the COMPANY for all damages incurred as a result of the termination.

• In the event that the user's user status ends or is terminated by the COMPANY, the user cannot claim any rights, receivables, or benefits from the COMPANY.

 

7. FORCE MAJEURE AND UNEXPECTED EVENTS

 

• Definition: For the purposes of this Agreement, the terms "Force Majeure" and "Unforeseen Event" mean an event that occurs beyond the reasonable control of a party and which makes it impossible for the relevant party to perform its obligations under this Agreement, or renders it so impossible as to be performed under the existing circumstances, or prevents its performance within the specified timeframe.

• Some "Force Majeure" and "Unexpected Event" situations: The following situations, though not limited to, are considered "Force Majeure" and "Unexpected Event" situations:

• State of war, martial law, natural disasters, economic crises, strikes, lockouts, infectious diseases, earthquakes, revolutions, radioactive contamination, events based on the unavoidable power of nature, and similar situations legally recognized as "Force Majeure" and "Unforeseeable Circumstances,"

• Decisions by courts or any administrative authority that suspend or hinder the COMPANY's operations and activities,

• Impact on the Agreement: In the event of a "Force Majeure" or "Unforeseen Event," the Parties shall be exempt from their obligations and shall not be held liable for any delay or failure to perform their obligations, nor shall they be considered in default under this Agreement. In such cases, the Agreement shall be suspended until the "Force Majeure" or "Unforeseen Event" ceases, and the Parties shall not be held liable for any non-performance of their obligations and performances under this Agreement, and all deadlines stipulated in this Agreement shall be extended by the duration of this suspension.

• Termination of the Agreement: If the COMPANY is unable to fulfill its obligations under this Agreement due to "Force Majeure" or "Unforeseen Event" for more than 30 (thirty) Business Days, either Party may terminate this Agreement at its discretion.

• Compensation: The parties hereby irrevocably accept, declare, and undertake that the COMPANY shall not be liable in the event of cancellation or termination of the Agreement due to Force Majeure and/or Unforeseen Events, and that in such a case, neither party shall claim any compensation, loss of profit, or similar rights from the other.

8. NOTIFICATION

Notifications or other correspondence under this Agreement shall be made by hand delivery, fax, e-mail, or registered mail with return receipt requested.

To the COMPANY   To the address: Çobançeşme Mahallesi, Bilge Sk. No:13, 34197 Bahçelievler/İSTANBUL , and/or to the email address 'info@toucheprive.com'

To the user:   [(user's first and last name)] [(user's address)], to the address in Türkiye and/or to the phone number [(user's phone)], and/or [(user's email address)] email addresses

will be sent. Notices and/or warnings will be valid from the date they are deemed to have been served in accordance with Turkish law.

9. APPLICABLE LAW AND DISPUTE RESOLUTION

The Istanbul (Central) Courts and Enforcement Offices shall have exclusive jurisdiction in the interpretation and execution of this Agreement, including its existence and validity, and in all disputes and disagreements arising from/causing this Agreement. In cases not covered by this Agreement, the provisions of the Consumer Protection Law, the Code of Obligations, and other relevant legislation of the Republic of Turkey shall apply.

10. OTHER PROVISIONS

 

• Privacy: The User undertakes not to disclose or reveal any information that may have been obtained as a result of the negotiation, publication, and performance of this Agreement without the prior written consent of the COMPANY. In particular, the User undertakes not to disclose or reveal any of the terms or conditions agreed upon herein to any third party. The exception to this provision is disclosures made at the request of official institutions and/or in fulfillment of administrative obligations. The COMPANY has the right to use general information such as gender, age, and educational status of the User in its publications, without disclosing the User's name and surname, such as general statistical information. This is explicitly accepted by the User.

• User's Personal Data: The user acknowledges and agrees that they are aware of the elements regarding the processing of their personal data as stated in the disclosure text on the COMPANY's website.

• Severability of the Agreement: The provisions of this Agreement are severable; if any provision is deemed invalid, cancelled, or unenforceable, this shall not affect the validity of the other provisions of this Agreement.

• Waiver: The failure or delayed exercise by the COMPANY or the USER of any right, power, or privilege set forth in this Agreement shall in no way constitute a waiver thereof, and the exercise of any right, power, or privilege, in whole or in part, shall not impede the exercise of any other right, power, or privilege, or its continuation, or any other right, power, or privilege.

• Stamp Duty: Any stamp duty arising from this Agreement shall be paid by the User. If the stamp duty is paid by the COMPANY, the COMPANY reserves the right to seek recourse from the User for the amount paid.

 

11. FINAL VERDICT

By approving the Agreement and completing the membership process, the User is deemed to have accepted all the terms and conditions of the Agreement. The User declares, acknowledges, and undertakes that they have read, understood, and accepted all the clauses in the Agreement and that the information they have provided is accurate.

You can contact our company for additional information on all these matters.