USER AGREEMENT
Terms and Conditions
Welcome to İlka Gayrimenkul!
These Terms and Conditions explain the rules and regulations regarding the use of the İlka Gayrimenkul Website.
İlka Gayrimenkul is a company registered to İLKA EMLAK MANAGEMENT AND DANIŞMANLIK LIMITED COMPANY in Turkey. Accessing the website by you assumes your acceptance of these Terms and Conditions in their entirety. If you do not accept these Terms and Conditions, do not use the İlka Gayrimenkul website. These Terms and Conditions should be read in conjunction with the Privacy Policy and Cookie Policy, which contain the entire agreement between İlka Gayrimenkul and the Customer.
1. PARTIES AND PURPOSE
1.1. This usage agreement ("Agreement") is the person ("User") who wants to use the website located at www.ilkarealestate.com (or other address and/or mobile applications to be determined by İlka Gayrimenkul) ("Website" and "Mobile Application"). ) and İLKA EMLAK MANAGEMENT VE DANIŞMANLIK LİMİTED ŞİRKETİ (“İlka Gayrimenkul”), by electronic confirmation.
2. SUBJECT AND PURPOSE
2.1. The subject and purpose of this Agreement is to determine the rights and obligations between the User and İlka Gayrimenkul.
RIGHTS AND OBLIGATIONS OF THE THIRD PARTIES
3.1. İlka Gayrimenkul offers technology and consultancy services to lessors within the scope of a separately concluded contract regarding real estate rental through rental platforms ("Platform") for different periods through the Website and Mobile Application, and only access to the Website and Mobile Application means that these services are provided to İlka. It does not mean that it will be offered by the real estate.
3.2. The User accepts, declares and undertakes to comply with this Agreement and all notifications made/to be made by İlka Gayrimenkul regarding the use, membership and service on the Platform and to act in accordance with these notifications.
3.3. İlka Gayrimenkul is not a party to the transactions carried out between the lessor and other third parties through the Platform, nor does it undertake any commitment or responsibility regarding these transactions, and does not act as a mediator or arbitrator in disputes that arise.
3.4. İlka Gayrimenkul and the User are legally independent. There is no partnership, agency or employee-employer relationship between them.
3.5. The User accepts that all the information he/she has provided while becoming a member and/or using İlka Gayrimenkul is correct and complete, that he/she is solely responsible for any damages and sanctions that may arise from their inaccuracy, and that he/she will compensate İlka Gayrimenkul immediately and in cash for any damages that may be incurred in this regard. , declares and undertakes. The User is responsible for the confidentiality of the username and password determined by the User and is unique to him/her, and İlka Gayrimenkul has no responsibility for any loss that may be incurred by third parties as a result of his/her own fault or negligence.
3.6. While using the Website, Mobile Application and Platform and providing all kinds of content to them, the User agrees to act in accordance with all current legislation implemented in the Republic of Turkey, that this content is in accordance with general morality, and that it does not protect any rights of third parties (personal rights, intellectual property rights, does not violate industrial property rights, etc.); He/she accepts, declares and undertakes to compensate İlka Gayrimenkul immediately and in cash for any damages that may be incurred due to his/her behavior to the contrary.
3.7. If any article of the Agreement is violated by the User and/or requested by the Information Technologies and Communication Authority or other authorities, İlka Gayrimenkul may suspend or delete the account created by the User and take away the opportunity to open an account again. reserves the right to take down all content and to claim compensation independently of these.
3.8. For legal and commercial reasons, the User is required by İlka Gayrimenkul to provide the name and internet protocol (IP) address of the internet service provider he/she uses while using the Website, Mobile Application and Platform, the date and time of access, the pages accessed while on them, and the internet that allows direct connection to them. to store information such as the address of the website, to process and store this data and all personal data uploaded regarding it within the scope of the Personal Data Protection Law and relevant legislation by İlka Gayrimenkul, and to transfer it to third parties necessary for the operation of the Website, Mobile Application and Platform. accepts, declares and undertakes that he/she consents.
3.9. İlka Gayrimenkul may report the User's information to the relevant authorities for legal reasons and/or upon the request of official authorities, without obtaining the User's prior permission.
3.10. İlka Gayrimenkul will make every effort to ensure that the Website and Mobile Application operate smoothly, but does not guarantee that they will operate error-free and will not be responsible for unauthorized reading of the User's data and any damage that may occur to them. The User accepts and declares that İlka Gayrimenkul will not be responsible for any damages that may arise from the use of the Website, Mobile Application and Platform. İlka Gayrimenkul may, at its sole discretion, change or delete all or part of the Website and Mobile Application or suspend some services temporarily or permanently.
3.11. The Website, Mobile Application and Platform may contain links or references to other websites that are not under the control of İlka Gayrimenkul, and İlka Gayrimenkul is in no way responsible for the contents of these sites or the other links they contain.
3.12. İlka Gayrimenkul, the general appearance and design of the Website and Mobile Application and all information, images, brands, domain names, logos, icons, demonstrative, written, electronic, graphic or machine-readable technical data, computer software, applied sales is the owner or licensee of all materials (“Material”) and related intellectual and industrial property rights, including its system, business method and business model. Any Materials on the Website and Mobile Application; It cannot be changed, copied, reproduced, translated into another language, republished, uploaded to another computer, mailed, transmitted, presented or distributed, including code and software, without prior permission and citing the source. The whole or part of the Website and/or Mobile Application cannot be used on another website and/or mobile application without permission. Legal and criminal claims of İlka Gayrimenkul due to contrary actions and all other rights not expressly stated herein are reserved.
3.13. If there is any change in the conditions regarding the provision of services through the Website and Mobile Application, including pricing, either at the sole discretion of İlka Gayrimenkul or due to legislation and/or instructions of authorized institutions and organizations, this situation will be notified to the User via the Platform by İlka Gayrimenkul. or will be notified and will be valid from the date of notification. If the relevant changes are not accepted by the User, the Customer's access to them will be terminated.
3.14. If the User violates its obligations under the provisions of this Agreement, the Agreement may be terminated immediately, without prejudice to all compensation rights of İlka Gayrimenkul, and/or İlka Gayrimenkul has the right to suspend or immediately terminate the User's access, in this context, İlka Gayrimenkul He accepts, declares and undertakes that he will immediately and in cash compensate for any damage that the Real Estate may suffer and any administrative, criminal or judicial fines that he may be obliged to pay.
3.15. The User shall ensure that all transactions and actions of all persons who will access the Website, Mobile Application and Platform through his/her account and carry out transactions are made in his/her name and account and that he/she is bound by this Agreement and shall ensure that all transactions of these persons are complied with this Agreement and all relevant legislation. He accepts, declares and undertakes that he is personally responsible for his actions and that he will compensate İlka Gayrimenkul immediately and in cash for any damage that İlka Gayrimenkul may suffer due to any transactions and actions of the relevant persons that are contrary to this Agreement and/or legislation.
3.16. The User cannot rent and/or have his/her account used by third parties; If it is determined otherwise, membership will be terminated immediately.
3.17. The User acknowledges that he and the lessor are responsible for all damages that may arise from the relationship between him and other Users, that in such a case no responsibility will be attributed to İlka Gayrimenkul under any name, and that İlka Gayrimenkul will not be liable for any fee whatsoever under any name. He accepts, declares and undertakes that he will not make any claim such as compensation.
3.18. If a separate Service/Consultancy Agreement is concluded between the User and İlka Gayrimenkul regarding the Website, Mobile Application and Platform, the relevant contractual provisions will be applied primarily.
3.19. Regarding privacy and personal data, the provisions of the Privacy Policy and Disclosure Form published on the Website and Mobile Application are reserved.
4. FORCE MAJEURE
4.1. Any of the debts and obligations of either Party under this Agreement may be caused by accident, fire, flood, strike, earthquake, war, civil war, riot or similar reasons beyond its control, such as any act of administrative authorities, law or any legal regulation. Failure to perform due to failure will not result in the liability of this Party and this situation will be considered as force majeure. If the force majeure does not disappear for 30 (thirty) calendar days, each Party has the right to terminate the Agreement.
4.2. In the context of this Agreement, interruptions and delays caused by internet service providers and other relevant organizations and actions of third parties, unforeseen, emergency maintenance and repair works, interruptions and restrictions imposed by competent authorities, earthquakes, pandemics, etc. will be considered force majeure, and the parties will not be responsible for each other's liability for these interruptions and delays. They will not be able to take responsibility.
5. DURATION AND TERMINATION OF THE AGREEMENT This Agreement will remain in force until the membership is canceled by the User or İlka Gayrimenkul for any reason.
6. DISPUTE SETTLEMENTIn case of any dispute arising from the contract, Istanbul Enforcement Offices and Courts will have jurisdiction.
7. ENFORCEMENTThis Agreement is deemed to have been read and approved by the Customer from the moment of registering as a member or starting to use the services offered within the scope of the Website and Mobile Application.