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tekemlak

 

INDIVIDUAL MEMBERSHIP AGREEMENT

 

SIDES:

This Membership Agreement has been signed by “Tech Investment Group”. The customer (hereinafter referred to as “Member”), whose information is specified in the membership form (hereinafter referred to as “Membership”), located at the address “Şişli, İstanbul, Türkiye” (hereinafter referred to as “TechEmlak”) and www.TechEmlak Those who want to benefit from the services to be offered within the scope of this Membership Agreement on the website named .com domain.

 

DEFINITIONS:

Service(s): It refers to the practices defined in this Membership Agreement and its Annexes and put forward by TechEmlak.

Site: It refers to the website named www.TechEmlak.com owned by TechEmlak. Service(s): It refers to the services that “Members” will access through the Site in order to publish advertisements on the “Site” within the scope of creating a membership to TechEmlak.

User(s): Refers to real and legal persons who access the “Site” for the purpose of displaying advertisements. Member/Members: Real and legal persons who become members of the “Site” in accordance with the provisions of this agreement and benefit from the content, applications and “Services” on the “Site”.

 

Corporate Member: Refers to real and legal persons (real estate offices, banks, construction companies, dormitories) who become members of the “Site” by providing their commercial and personal information and publish their advertisements.

Individual Member: Refers to real and legal persons who become members of the site by providing their personal information and publish their advertisements.

Site: Kapsamı işbu sözleşme ile belirlenen “www.TechEmlak.com” alan adı ve alt alan adlarından erişilebilen, TechEmlak’ın “Hizmetler” sunduğu web sitesini ifade eder.

Mobile Application: Refers to the Software downloaded from the App Store and Google Play Store to access the site from mobile devices.

Member Profile Page: It refers to the Member-specific page where the Member enters her personal information and can perform the necessary transactions to benefit from various applications and “Services” available within the “Site”, which includes the information requested from her. These are places that can be accessed on an application basis and only with the username and password determined by the Member.

Third Party: Refers to any real or legal person other than TechEmlak.

Personal Data: Refers to the definition of personal data made in the Personal Data Protection Law No. 6698 (hereinafter referred to as “KVKK”).

 

SUBJECT AND SCOPE OF THE CONTRACT

Providing services regarding the publication, listing and display of advertisements that members want to use to carry out similar transactions regarding the rental and sale of real estate that they own or have permission for, through the Site and mobile application. TechEmlak constitutes the subject of this Membership Agreement. It contains the rules of use of Service Packages that Members can purchase to use the Services and the rights and obligations of the Parties in this context. TechEmlak aims to publish announcements regarding real estate rental and sales on the Site and bring members together in accordance with this Membership Agreement, provided that Members obtain the necessary rights and authority to carry out the above-mentioned transactions through the Site. People who are interested in the real estate in question can meet Members through the Site. TechEmlak’s provision of Service to the Member within the scope of this Membership Agreement does not imply any commitment that it will benefit the Member under any circumstances through advertisements, that the system will operate uninterrupted or that it will meet certain expectations of the Member. TechEmlak has no liability under this Membership Agreement due to the communication and relationship established by the Members and the persons who visit the Site and are interested in the relevant real estate.

 

MUTUAL RIGHTS AND OBLIGATIONS OF THE PARTIES

  1. TechEmlak will fully evaluate the persons who fill out the Membership Form in Annex-1 of this Membership Agreement and will grant Membership status to the relevant person if these persons deem it appropriate to become a Member and the Member duly accepts this issue. The provisions contained in the Membership Agreement will allow the person to create a Membership account. If the Member determines that the information contained in the Membership Form is not completely accurate and does not belong to the Member; He was blacklisted for his previous actions. In accordance with this Membership Agreement, the Member declares and undertakes that the name and surname, e-mail address and telephone number he/she declares to use the Site belongs to him/her and that he/she is responsible for all damages that may arise against TechEmlak. due to the use of information that does not belong to her.
  2. The Member will not pay any fee to create an Individual Membership to TechEmlak, and will only be able to publish the first advertisement to be published on the Site free of charge. The Member is obliged to pay the advertisement and service fee determined by TechEmlak for the advertisements and/or advertisements to be published after the Individual Membership is realized and the first advertisement is displayed on the Site. Otherwise, they will not publish any other advertisements other than the first advertisement and will not be able to benefit from the paid services that TechEmlak offers to Individual Members. The Member accepts, declares and undertakes in advance that the first advertisement to be published on the Site will be published at the times determined by TechEmlak and that, in line with the terms of this Agreement, he/she must purchase the services determined by TechEmlak in order to extend the contract period. Publication period of the advertisement.

 

If the Member wishes to publish a second and/or more advertisement within the scope of the above-mentioned article, to extend the publication period of the advertisement and/or to benefit from the paid services offered by TechEmlak and whose conditions are stated on the site, the Member must pay the fees determined by TechEmlak through his/her credit card and receive a credit card. Declaring that he/she has obtained all necessary authorizations and permissions regarding the use of the card, he/she accepts, declares and undertakes to pay via mobile payment, direct bank transfer or any other method. Making payment in advance or accepting advance payment, including the Service content and conditions determined according to preferred monthly maturities, and applying to TechEmlak regarding the credit card or other payment methods declared to TechEmlak and/or TechEmlak, its employees If , its managers or business partners suffer any damage due to this reason, the Member accepts, declares and undertakes that all criminal and legal liability belongs to him and that if TechEmlak claims damage, he will immediately compensate these damages. All TechEmlak’s losses are in cash and lump sum. If TechEmlak cannot collect the advertising fees for the Member’s preferred service content within the specified monthly maturity periods, it has the right to cancel or suspend the Membership without any notice, without prejudice to its rights regarding damages. Fees for Services offered by TechEmlak are valid only for the Member.

 

If the Member wishes to publish a second and/or more advertisement within the scope of the above-mentioned article, to extend the publication period of the advertisement and/or to benefit from the paid services offered by TechEmlak and whose conditions are stated on the site, the Member must pay the fees determined by TechEmlak through his/her credit card and receive a credit card. Declaring that he/she has obtained all necessary authorizations and permissions regarding the use of the card, he/she accepts, declares and undertakes to pay via mobile payment, direct bank transfer or any other method. Making payment in advance or accepting advance payment, including the Service content and conditions determined according to preferred monthly maturities, and applying to TechEmlak regarding the credit card or other payment methods declared to TechEmlak and/or TechEmlak, its employees If , its managers or business partners suffer any damage due to this reason, the Member accepts, declares and undertakes that all criminal and legal liability belongs to him and that if TechEmlak claims damage, he will immediately compensate these damages. All TechEmlak’s losses are in cash and lump sum. If TechEmlak cannot collect the advertising fees for the Member’s preferred service content within the specified monthly maturity periods, it has the right to cancel or suspend the Membership without any notice, without prejudice to its rights regarding damages. Fees for the Services offered by TechEmlak are valid only for the Member, unless expressly stated otherwise in this Membership Agreement or on the Site.

 

  1. The Member accepts, declares and undertakes the recommendations that he/she will upload to the Site in accordance with the membership right granted to him/her within the scope of this Membership Agreement and all content, including information, photographs and videos to be included in the recommendations. , in accordance with law, morality, public order, all applicable legislation and this Membership Agreement. It will comply with the Terms of Use specified in Annex 2, will not constitute a crime and/or It declares that it will not violate any rights of third parties, that it has received the necessary rights and authority to make recommendations regarding the sale or rental of real estate to be included in the recommendations, including privacy and copyrights, and that all of them are real estate and/or do not constitute a violation. By law All kinds of legal and criminal liability regarding the advertisements and contents to be published by third parties belong to itself, TechEmlak has the right to request that the advertisement in question be changed and not to publish the advertisement in question, and it may make an announcement or publish an advertisement without any notification until the necessary change is made. If the content contains elements that violate the legislation, the Membership may be canceled and in this case, it cannot request any refund and/or compensation from TechEmlak. Regardless of whether TechEmlak exercises its above-mentioned right or not, the Member reserves the right to recourse against any compensation or administrative / judicial fines that she may have to pay to third parties and / or public institutions due to a published announcement. The Member accepts, declares and undertakes that in such a case, if TechEmlak requests compensation, she will immediately compensate TechEmlak for all damages.
  2. Member, the links and contents of the advertisements published on the Site are used by TechEmlak to increase the number of views of the relevant advertisement and/or for advertising, marketing, sponsorship, etc. accepts and declares in advance that it may be used for the following purposes. You may also take part in these activities by adding the websites of your business partners, which are not under your control and/or within the scope of advertising and marketing activities to be carried out on your own behalf, to the advertising contents published on the Site. He declares that he knows that he has no right to be present.
  3. The Member declares and undertakes to act in accordance with the provisions of this Membership Agreement and its Annexes, all terms and conditions stated on the Site, and the relevant legislation and regulations in the transactions and correspondence to be carried out on the Site and Mobile Application. Ethical rules, that the Member is obliged to comply with the measures and procedures required by the legislation as an advertiser, seller, taxpayer or similar in the advertisements uploaded through the Site, that he understands and accepts these terms and conditions and the legal legislation, and that the Member bears criminal liability for every transaction and action he carries out within the Site. belongs to. The member accepts, declares and undertakes that the transactions made with his username and password are made by him, that all responsibility arising from these transactions belongs to him, and that he cannot make any claims and/or objections that they do not arise from these transactions. declares that it will carry out such work and transactions and/or will not refrain from fulfilling its obligations based on this claim or objection.
  4. The Member accepts, declares and undertakes that he/she is solely responsible for the security and confidentiality of the username and password information he/she creates to benefit from the Site, and that he/she will keep his/her username and password confidential and will not use or use them. 3. that you will share with others, 3. TechEmlak has declared that it will not allow anyone to use it and that it will take all necessary precautions to prevent it from being compromised, and TechEmlak has no responsibility regarding the username and password. If TechEmlak determines that the Member has acted contrary to this article, TechEmlak reserves the right to freeze and cancel the Member’s account.
  5. Member may not share his/her rights and obligations arising from this Membership Agreement and member account information, in whole or in part, with third parties without the written permission of TechEmlak. cannot be transferred to persons and/or Member accounts 3. It cannot be used by people. Otherwise, TechEmlak reserves the right to recourse to the Member for any material or moral damages that may arise. Member’s account information 3. transferred to persons and/or the Member account 3. If it is determined that the user has made it available to individuals, TechEmlak has the right to cancel the relevant Member account without any explanation. The Member accepts and declares that TechEmlak is not responsible for any damages and/or claims it may incur as a result of these assignments and transfers.
  6. The Member accepts that TechEmlak may change the services and contents offered on the Site at any time and without notice, that the information and content that Members upload to the Site may be blocked from access by third parties, including Users, and that this information may be blocked from access by third parties, including Users. and declares. He/she can delete, monitor and control the advertisements and contents uploaded by the Member to the Site and the communications between Members, including the messages made through the Site, at any time for security purposes, and knows that TechEmlak may store these contents. Use of these advertisements and communications for the purpose specified in this Membership Agreement.
  7. Pursuant to this Membership Agreement, TechEmlak has the right to unilaterally determine the terms of use and duration of products and/or services that it can gift to Members in addition to the paid services they purchase. TechEmlak reserves the right to unilaterally terminate the Member at the end of the usage period without notifying the Member of these matters. TechEmlak may always offer the opportunity to offer various paid services on the Site for free or at a discount, and may also organize campaigns regarding the prices, payment terms and duration of these services. TechEmlak is authorized to unilaterally terminate the above-mentioned discounted, free and/or campaign services and contents and offer them in full and for a fee. The Member accepts, declares and undertakes in advance that if the Member benefits from such a free, discounted and/or promotional service and TechEmlak terminates these services within the framework of the specified conditions, the Member will not have any claims. We accept and declare that TechEmlak cannot unilaterally apply the free, discounted and campaign services mentioned above and is authorized to remove them.

 

  1. The Member accepts and undertakes that he/she is aware that TechEmlak is a hosting provider within the scope of Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications. According to the relevant legislation, TechEmlak is not responsible for any damages that may arise due to the unlawful originality, reality, reliability and accuracy of any information and content, advertising and/or visuals on the site, and TechEmlak does not. It is not necessary to research these issues.

 

11.The Member acknowledges that TechEmlak does not make any commitment that the Site will be uninterrupted or error-free or that certain results will be obtained by using the Site or its content or linking to the Site, the Site is interrupted or the Member cannot obtain the expected benefit. . She accepts in advance that she is aware that she cannot make any rights or demands against TechEmlak in such cases.

 

INTELLECTUAL PROPERTY RIGHTS

The Member accepts, declares and undertakes that it will not violate the rights of third parties within the scope of relevant legislation, including the Law on Intellectual and Artistic Works No. 5846 (“FSEK”) and the Industrial Property Law No. 6769. Pursuant to this Membership Agreement, if there is an intellectual or industrial property right protected under the Laws specified in the advertising contents to be published on the Site, the contents to be included in the advertisements it has acquired/will receive, it has obtained all necessary permissions, rights and authorizations in accordance with the Law and it is entirely responsible for obtaining these permissions, otherwise 3. It agrees to immediately compensate all damages that may occur to all persons and/or all of them. The Member has the right to process, reproduce, disseminate, represent and transmit the protected content in the advertisements to be published on the Site, pursuant to Articles 21 and 25 of FSEK. accepts, declares and undertakes that it is regulated in the articles. This Membership Agreement allows TechEmlak to transmit signs, sounds and/or images to the public and to use all rights under the Industrial Property Law without any restrictions within the scope of advertising and marketing activities by TechEmlak, without charging any fee to TechEmlak. is authorized to grant this permission for any fee. The Member accepts, declares and undertakes that he/she will not use, use, copy, reproduce, modify or disseminate the TechEmlak brand name and logo, including all content, code and software on the Site and other applications. FSEK has accepted that it will not carry out any work regarding those subject to protection in accordance with the Industrial Property Law and other legislation, and will not make any additions to the codes and software on the Site and applications. Otherwise, TechEmlak accepts, declares and undertakes to immediately compensate all damages it may incur.

 

PROTECTION OF PERSONAL DATA

  1. TechEmlak accepts and undertakes that it will process the Personal Data transferred to it within the scope of this Membership Agreement and its Annexes, directly related to the performance of the acts arising from the Membership Agreement and for the purpose and duration of the fulfillment of these acts. Carrying out these transactions, including the Personal Data Protection Law No. 6698 (“KVKK”). TechEmlak may also process personal data provided that it obtains the explicit consent of the natural person Member in accordance with the law, and the data to be processed within the scope of TechEmlak’s express consent is not within the scope of this Membership Agreement.

 

  1. TechEmlak is authorized to transfer the Personal Data within the scope of this Membership Agreement to third parties or institutions in order to fulfill its obligations arising from this Membership Agreement and during the performance of these actions, provided that it complies with the legislation. Applicable legislation, including LPPD.

 

  1. The Member will not use the Personal Data of a natural person in the advertising content to be published on the Site within the scope of this Membership Agreement, unless the conditions specified in the KVKK regarding the processing of Personal Data are included. Without obtaining the necessary explicit consent or without seeking explicit consent in accordance with the relevant legislation, including KVKK, the data is transferred, otherwise, if TechEmlak, its managers or employees suffer any damage, it accepts and undertakes to pay this damage to TechEmlak immediately upon request.

 

  1. Information regarding the credit card or payment instrument submitted to TechEmlak in accordance with the conditions specified in this Membership Agreement, in order to collect the monthly fee for the Service Package preferred by the Member in accordance with this Membership Agreement; The member accepts and declares that it is processed by TechEmlak within the scope of the relevant legislation, including KVKK, and in order to fulfill its contractual obligations, and that all of these are processed, stored and transferred to the companies it works for, limited to this purpose, for collection purposes, and that it approves this article and has read the disclosure obligation contained herein.

With the link https://www.TechEmlak.com/aydinlatma-metni, we declare that all of these are done by TechEmlak in accordance with the law within the scope of KVKK and relevant legislation. ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎

  1. The obligations of the parties under this article continue after the termination of this Membership Agreement for any reason.

 

DURATION OF THE CONTRACT, TERMINATION AND DAMAGES

  1. The Parties agree that this Individual Membership Agreement will enter into force upon acceptance by the Member electronically and will continue unless the Member terminates the TechEmlak Individual Membership. The Member may terminate this Agreement at any time by canceling the Individual Membership created in accordance with this Agreement. However, in such a case, TechEmlak reserves its rights regarding its receivables until the date of termination of the Membership.
  2. If the Member has paid the entire notification and/or service fee regarding this Membership Agreement to TechEmlak in advance via bank card, other payment instruments or money order/EFT, and wishes to terminate his/her Individual Membership without receiving any service in return for the prepaid fee, TechEmlak will not be liable for any payment. He accepts, declares and undertakes in advance that he knows that he cannot request a refund.
  3. TechEmlak has the right to terminate this Membership Agreement at any time, without giving any reason or without notice, with immediate effect and without compensation. TechEmlak’s rights to compensation that may arise from the Member’s fault are reserved.

 

FORCE MAJEURE

Force majeure events that do not exist at the time this Membership Agreement is concluded, that are not foreseen and develop beyond the control of TechEmlak, that make it impossible for TechEmlak to partially or completely fulfill the obligations and responsibilities undertaken with the Membership Agreement, and that are accepted by the parties as force majeure. If TechEmlak cannot fulfill or delays in fulfilling its obligations specified in this Membership Agreement due to force majeure, including perfect internet outages, the Member will not have any liability and the Member will not be able to do so. Do not claim any compensation from TechEmlak. If this situation continues for more than 15 (fifteen) days, TechEmlak has the right to terminate this Membership Agreement without compensation.

 

APPLICABLE LAW, JURISDICTION AND EVIDENCE AGREEMENT

This Membership Agreement is subject to Turkish Law, and in case of any dispute, Turkish Law will apply. The parties accept that Istanbul/Çağlayan (Central) Courts and Enforcement Offices have jurisdiction in any disputes that may arise from the implementation of this Membership Agreement. ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎ ‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎‎

The Parties are responsible for all transactions within the scope of this Membership Agreement. In case of disputes that may arise, TechEmlak HMK Art. There will be written evidence in accordance with Article 193/1. The Membership Agreement, consisting of these 9 (nine) articles and 3 (three) annexes, which are integral parts of the Membership Agreement, has entered into force electronically with the electronic approval of the Member. A copy of this Membership Agreement will be placed on the Member’s page where the Member will log in to the Site with his/her own username and password, after it is signed by the Member, thus ensuring that the Member keeps a copy of this Membership Agreement. The parties agree that the Law on the Regulation of Electronic Commerce No. 6563 3. and 4. substances 1. and They accept that the regulations in paragraph 2 will not be applied.

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