TERMS and Conditions
Please read the terms and conditions carefully below in order to use the domain website and to avoid any conflicts.
User: Any natural or legal person accessing the "Portal".
Member: A user who is a member of "Portal" and who benefits from services offered under "Portal".
Membership: The status given to each "User" who wishes to become a "Member" by fulfilling the form specified for membership in a complete and correct manner and sending the specified information to "Omenkul".
"Membership" rights and authorities belong to the person specified in the application and can not be transferred to 3rd persons. "Omenkul" has the right to terminate "Membership" without any reason.
Corporate Member: The beneficiary of the services for advertising of renting or selling a place under the service that "Portal" is offering.
Corporate Membership: A status granted by "Omenkul" applying for "Corporate Membership" and having the conditions specified for "Corporate Member", benefiting from the services for advertising of selling and renting a place, provided by "Omenkul" within the scope of the service stated in this contract.
This status can not be transferred to 3rd person. "Omenkul" has the right to reject the "Corporate Membership" application without showing any reason. Again "Omenkul" has the right of unilateral termination to reject the status earned without any reason.
Portal: Omenkul.com named domain and subdomains connected to this domain name and Website and mobile application provided by "Omenkul"
Ordinary Partnership Services : These services are provided by "Omenkul" within the "Portal" mentioned in this contract. "Omenkul" has the right to change the services specified in this contract and that it is offered on the "Portal" .Obligations that "Member" obeys in relation to changes made are announced to "Member" in "Portal"
Content: All kinds of visual, written and auditory images published in "Portal".
Omenkul Database: This database is protected under the Law on Intellectual and Artistic Works No. 5846, which contains all contents accessible via "Portal" and belongs to "Omenkul".
Cookie - Cookie: The Web page is used to identify a small text file that the server places on the computer's hard disk.
C. ORDİNARY PARTNERSHİP SERVICES
C.a. "User" s and "Members" to benefit from; Ensure that "Corporate Members" can display advertisements about the lease or sale of a property in the "Portal".
C.b. Ensure that the announcements created by the authorization of the " Corporate Members" who are in agreement with the "Ordinary Partnership" about the leasing and sale of their property by "Users" and "Members" are to be published securely and transparently.
C.c. To provide different listing services for "Users", "Members" and "Corporate Members" to make it easier to access the announcements about the leasing or sale of a property provided by "Corporate Members".
C.ç. In addition to these services, it is possible to add innovations to the services provided in the "Portal", to change the scope and conditions of the existing services, to change the "Content" always accessible on the "Portal", to close the "Users", members and corporate members’ Access, reserves the right to delete it. "Omenkul" has the right to use these rights without making any notice while using them.
C. THE RIGHTS AND LIABILITIES OF THE PARTIES
Ç.a. "Users", "Members" and "Corporate Members" may only use the "Portal" for legitimate purposes. Legal and criminal liability shall be at their own discretion in all actions and transactions that the Users, the Members and the Corporate Members have done on the Portal.
In no event criminal and juridical liability to "Omenkul" shall be accepted and committed by "Users", "Members" and "Corporate Members"
Ç.b. "Users", "Members" and "Corporate Members" accept and undertake that they will not claim any rights if they are removed from membership.
Ç.c. " ordinary partnership" does not guarantee the accuracy, truth and lawfulness of the "Content" in the displayed advertisements.
For this reason "Omenkul" is not responsible for the inconsistencies. "Omenkul" is a company providing software platform only and there is no criminal or legal responsibility for the transactions made.
"User", "Member" and "Corporate Member" are obliged to investigate the accuracy of the images, information and contents in the advertisements prior to proceeding with the advertisement.
"Users", "Members" and "Corporate Members" accept and undertake that "Omenkul" does not have any responsibility for the announcement and "Content" and "Omenkul" has no responsibility for any damages.
Ç.ç. "Users", "Members" and "Corporate Members" shall not receive any copies of any information, images, video, audio and text contained in the "Portal" for trade,
Under the Turkish Commercial Code No. 6102, the Company accepts and undertakes that it will abide by its personality, trademark and copyrights within the scope of the Law on Intellectual and Artistic Works No: 5846 and that it will not be involved in criminal acts.
Ç.d. In the instant messaging service, which is provided for the purpose of providing the correspondence of "User" and "Member" with "Corporate Member" and "User" and "Member" in "Portal" with respect to the leasing or purchase of a property with "Corporate Members" all content sent and received is the responsibility of the parties and in no way assumes the legal and criminal liability of Omenkul
"Users", "Members" and "Corporate Members" are responsible for all activities that the Users and the "Members" may engage in among themselves in the "Portal" regarding the leasing or purchase of a property with the "Corporate Members" , accepts and undertakes that "Omenkul" is not a party.
Ç.e. "Omenkul" keeps the personal information of "Members" and "Corporate Members" who are members of "Portal" in the "Omenkul Database" under the Protection of Personal Data Act No. 6698.
These data can be used to make statistical analyzes and can be classified by "Omenkul".
This information is not shared with the 3rd person and is only shared with the "Corporate Member" in case of "User" and "Member"s relationship dealing whit their property.
In addition, the Parties do not share the parties' messaging with the 3rd party in the instant messaging service from services provided by the "Portal".
However, it is obligatory to share this within the scope of judgment. Message records are kept for 6 months and then deleted from "Omenkul database"
Like many web sites, "Portal" keeps log files for statistical purposes. These files are; your IP address, your internet service provider, the features of your browser, your operating system, and your home access pages.
These log files are not used except for statistical purposes. Your IP address and other information is not associated with your personal information
In some parts of the "Portal", a Cookie may be used to provide user convenience.
Cookies "is intended to provide ease of use in setting options such as language, city, etc. while " User "and" Member navigates on Portal "
This is done entirely with the consent of the "User", "Member" and "Corporate Member", and may be prevented by adjustments to be made on the internet browser.
The personal information provided is deleted from the "Ordinary Partnership Database" upon request. "Users", "Members" and " Corporate Members" accept to give permission to use the information within the scope specified above.
Ç.f. "Omenkul" permits the display of advertisements submitted by "Corporate Members" through the "Portal" and the use of the "Portal" ın interface, and can not be used for any purpose other than that.
Advertisements can not be used by other service providers without changing their content or changing their content.
Ç.g. In addition to the above mentioned purpose of using the "Portal", to intervene in the systems to collapse the "Portal", to scan the content, to use the automatic program for downloading the collective information document, to infiltrate the information of "User" s, "Members" shall constitute a contravention to the law, "Omenkul" shall not be responsible for the damages that occur and the persons or persons who are in the actions and actions contrary to the law are responsible.
Ç.ğ. "Users", "Members" and "Corporate Members" accept and commit that Omamenkul shall not be held liable for any direct or indirect damages arising out of the late loading, uninstallation and connection failure of the "Content" during the use of the "Portal".
Ç.h. In the event that the "Users" the "Members" request the service of renting and selling their own property, the "Corporate Member" to be selected from the list of the "Corporate Members" closest to the region in which the property to be rented or sold is located; in this case the commission of sells and rents are accepted and committed on the commission rates available.
"Users" and "Members" are obliged to deliver to the "Corporate Member" any information and document necessary for the preparation of the announcement of the relevant property if they agree with the conditions specified.
In addition, the property key must be submitted to the "Corporate Member" for presentation and promotion of the property to the client.
Property owner /owners ("User" and "Member"), if they agree to sell or lease the property concerned, accept and undertake that is real information they have given to the "Corporate Member" that their request will not be in contradiction to the general moral rules and that the property to be given to ad will not give an exorbitant price over the market conditions.
The owners of the property concerned are liable for damages caused by delayed delivery of necessary documents and information, misleading, untrue and incomplete information.
Ç.ı. The authorization granted to the "Corporate Member" for the creation of the notice is sufficient for the entitlement of the commission amount determined in the event of the sale or lease of the property concerned.
Authorization by property owners to rent or sell the property to other real estate companies will not be an obstacle to the collection of the agreed commission even if the property is sold with other channels.
Owners / owners of the property will be responsible for the payment of more than one commission for the sale or lease of the property concerned.
Ç.i. The "User" and the "Members" are required to contact the "Corporate Member" who has the advertisement for the interested real estate and the property to be seen in the place, from the announcements in "Portal" .
For the interested advertisements can be contacted whit the "Corporate Member" via the "Portal" or via the contact information on the "Corporate Member" page.
"User" and "Member" in case of communication with "Corporate Member" accept and undertake that they will pay the commission payable to the "Corporate Member" specified in the province in case of the purchase or lease of the property concerned, the fees to be accrued for the commission and other legal fees and taxes.
Therefore, when an "Corporate Member" is contacted, the "User" and the "Member" accept and undertake that confirm that they will pay the commission rate, fees, accrued tax and other legal taxes specified in the related plan for the purchase or lease of the property and taking the output of the approved contract they will sign the contract with a wet signature.
In according to the signed contract, in the event of the purchase of the relevant property or the leasing of the property, the "Corporate Member" shall apply for legal follow-up if the commission rate stated in the contract and the other expenses mentioned above are not paid. "Omenkul" is not a party to these lawsuits and has no criminal or legal responsibility.
D. FICTION PROPERTY RIGHTS
Information that is designed by "Ordinary Partnership" and displayed on the "Portal" and presented by "Corporate Members" includes all the contents of the "Ordinary Partnership Database", "Portal" in interface, design, html code, mobile application, real estate photos and other codes as the copyright belongs to "Omenkul". It is not permitted that the linking of these rights to other partners for commercial purposes, and these rights are resold, shared and distributed on other internet sites.
E. AMENDMENTS TO USE CONDITIONS
In all cases deemed legitimate coercive reasons, "Omenkul" shall not be liable to any legal or criminal liability in the event of late, incomplete or inability to fulfill any of its rights and obligations determined by these conditions of use.
The reason for the force; natural disasters, war, strike, uprising communication problems, infrastructure and internet failures, fire, etc. are unable to prevent it, even though the parties have shown due diligence and attention
G.LAW AND AUTHORITY
People who are not citizens of Turkey will make purchase and lease of real estate to the extent permitted by the Land Registry Law and other laws, the investigation of these matters is the obligation of foreigners seeking to buy and lease property, "Omenkul" is not responsible for damages to be born.
Ğ ENFORCEMENT AND ACCEPTANCE