- Conditions of Use
- Membership Agreement
- Rules of Ad Publishing
- List of Banned Products
- Suspend Membership
- FromOwner.com Content Policy
- Pet Policy
ARLI Yazılım Teknoloji VE TİC. LTD. ŞTİ. (will be referred to as "FROMOWNER") resident in Alkent 2000 Mah. Hadımköy Yolu Caddesi Yakamoz 5 – Büyükçekmece / TÜRKİYE
And the "Member" who registers to "FROMOWNER" portal under the conditions set forth in this Agreement has become effective by mutual acceptance as the Member electronically gives consent.
"Buyer": Natural or legal person "Member" who by using the "Secure Electronic Commerce System" purchases the goods and services offered for sale by the "Seller" through the "Secure Electronic Commerce System"
"Secure Electronic Commerce System": The Service provided by "FROMOWNER" in accordance with the terms and conditions designated in this Agreement in relation to the fulfillment of the "payment" obligations of the "sales agreement" between the "Buyer" and the "Seller"
"Secure Account": The pool bank account managed by FROMOWNER for the purpose of the fulfillment of the payment obligations in the "Secure Electronic Commerce System"
"Member": The natural and/or legal person(s) who become(s) a member of www.FROMOWNER.com portal and who utilize(s) from the Services provided on the Portal in accordance with the conditions designated in this Agreement.
"User": Natural or legal person who accesses to the "Portal" online.
"Seller": Natural and/or legal person "Member" who, by using the "Secure Electronic Commerce" service designated in this agreement; offers for sale the goods and/or services on which he/she has the peaceable right and capacity to make all kinds of dispositions.
"Portal": The website consisting of the www.FROMOWNER.com domain name and the sub domain names of www.FROMOWNER.com domain name.
"FROMOWNER Membership Account": Member?s private internet page through which he/she conducts the activities and transactions required for utilizing from the Services provided within the Portal; he/she makes requests to FROMOWNER about membership issues; he/she can update his/her membership information and display reports on services provided within the Portal and which can merely be accessed through the Portal with the "user name" and "password" that are solely designated by the Member and that the Member undertakes to solely use by himself/herself.
"Listing Programs": Listing(s) available on the Portal; with the general scope designated by FROMOWNER both within the which is a part and parcel of this Agreement. Members can personalize such listing(s) by making choices in accordance with their preferences from the detailed information about the listing(s)? technical specifications, their location within the Portal, duration of their publication, sales price, payment conditions etc. which are designated in
"FROMOWNER Membership Page". FROMOWNER Services ("Services") Applications introduced by FROMOWNER within the Portal in order to provide the Members? activities and transactions defined in this Agreement. In order to provide the Members? more efficient realization of the activities and transactions within the Portal as defined in this Agreement, FROMOWNER may at any time on its sole discretion make changes and/or adaptations on the Services. Terms and conditions for FROMOWNER?s such changes and/or adaptations shall be announced by FROMOWNER on the internet page which contains the explanations concerning the use of the related "Services".
"FROMOWNER INTERFACE": Internet pages which are used by the "USERS" for the purposes of displaying the content initially composed by the "MEMBERS" and searching for the content on "FROMOWNER DATABASE"; which gives commands to the computer software for enabling any kinds of transactions to be made via the "PORTAL" in the designs which are protected within the scope of Code no 5846 on Intellectual and Artistic Works and on which all kinds of copyrights belong to FROMOWNER.
"FROMOWNER DATABASE": FROMOWNER?s database on which the content accessed within the PORTAL can be stored, classified, searched and accessed. FROMOWNER DATABASE is protected in accordance with the Code no 5846 on Intellectual and Artistic Works
3. SUBJECT AND SCOPE OF THE AGREEMENT
Subject of this agreement is to designate the Services which are provided on the "PORTAL" by "FROMOWNER", the conditions for utilizing from such Services and the related rights and obligations of the parties. The scope of this Agreement is; this agreement, its annexes and the announcements such as warnings, explanations etc. made on the Portal by "FROMOWNER" concerning the usage, membership and Services. The "User", by agreeing to the provisions of this Agreement, also agrees to all kinds of announcements made by "FROMOWNER" concerning the usage, membership and Services within the Portal. The User agrees, declares and undertakes to act in accordance with all of these announcements.
4. CONDITIONS OF MEMBERSHIP AND USAGE OF SERVICE
4.1 Membership procedure shall be completed when the necessary identity information and other documents identified by "FROMOWNER " are provided by the user who wants to become a member of the Portal; the accuracy of the provided information is confirmed; payment of the related fee (this shall occur if in the membership form there is a required fee for the Service requested to be utilizied from) and FROMOWNER?s confirmation of the registration. The Membership right and capacity designated in this Agreement, shall not be gained before the membership procedure is completed.
4.2 The requirements for becoming a Member of the Portal are; to be at lawful age, to be authorized to represent and bind a legal person (for the legal person members) and not to have been temporarily suspended from membership or perpetually banned from membership by "FROMOWNER". Membership applications by persons who are not at lawful age or who are not authorized to represent and bind a legal person (for the legal person members) or by persons who have been temporarily suspended from membership or perpetually banned from membership by "FROMOWNER" would prevent the use of any membership rights even if the registration procedures have been completed.
4.3. "FROMOWNER" shall have the right to unilaterally and without any cause terminate this agreement, terminate the membership of the member or terminate or temporarily suspend the membership of the member without terminating this agreement without notice and without any need for indemnity. Such termination/ suspension shall immediately become effective. FROMOWNER?s decisions to terminate this agreement or to terminate or suspend membership shall be given by FROMOWNER?s sole discretion in events of: a violation of this Agreement or of the terms designated within the Portal; FROMOWNER?s determination that the activities or transactions made by the Member or related results of such activities or transactions would cause a risk for FROMOWNER?s information security system; FROMOWNER?s commercial decisions; or FROMOWNER?s determination that the related result would cause a legal risk.
5. RIGHTS AND OBLIGATIONS
5.1 MEMBER'S RIGHTS AND OBLIGATIONS
5.1.1 The Member agrees that while fulfilling the membership procedures, utilizing from the Services on the "PORTAL" or making any transactions in relation to the Services on the "PORTAL", he/she shall comply with all the terms and conditions designated by this Agreement, rules/announcements available in the relevant sections of the "PORTAL" and the legislation in force and that he/she understands and confirms all the terms and conditions stated above.
5.1.2 The Member agrees that in theevent that "FROMOWNER" is obliged by the compulsory legislation to make a disclosure to the public authorities, "FROMOWNER" shall be authorized to disclose to the public authorities the confidential/ private/ commercial information of the users when duly requested by the public authorities and no indemnification under no name shall be requested from "FROMOWNER " for this reason. Additionally, in the event that FROMOWNER is informed by a third party that a member?s listing provided on the Portal is infringing his/her rights and that he/she will initiate legal action or FROMOWNER is informed by a disputed "Buyer" or a "Seller" that he/she will initiate legal action in relation to that dispute; FROMOWNER shall have the right to disclose the related Member?s name and surname information to the informing party.
5.1.3 Matters in connection with the security, storage, keeping away from third parties? knowledge, sole usage of the "user name" and "password" that the Members use for accessing FROMOWNER MEMBERSHIP ACCOUNT for utilizing from the Services provided by "FROMOWNER"; are under the sole responsibility of the Member. Members shall be responsible for any damages that the Members, FROMOWNER and/or any third parties suffer or may suffer resulting from the negligence or fault of the Members concerning the matters in connection with the security, storage, keeping away from third parties? knowledge, sole usage of the "user name" and the "password".
5.1.4 The Members agree and undertake that the information and content provided by them on the "PORTAL" are accurate and lawful, that the publication on the PORTAL of such information and content or the sale and the exposure of the items related with such content do not create any contradiction to the effective regulations."FROMOWNER " shall have no responsibility or obligation to investigate or to undertake and guarantee the security, accuracy or legality of the information and content forwarded to "FROMOWNER" by the Members or uploaded, changed or provided on the "Portal" by the Members; FROMOWNER shall have no responsibility or obligation to provide that the internet publication of such content or the sale or exposure of the items related with such content do not create any contradiction to law. "FROMOWNER " shall have no liability for any damages resulting from the inaccuracy or faultiness or publication of such information or content.
5.1.5 The Members shall not partially or fully transfer this agreement or their rights and obligations within the scope of this agreement without the written approval of FROMOWNER.
5.1.6 The persons who utilize from the Services provided by "FROMOWNER" and the persons who use the PORTAL shall only make lawful transactions (for lawful purposes) on the "PORTAL. The legal and criminal liability for every action and transaction made by a Member within the PORTAL shall lie on that Member. The Member agrees and undertakes not to reproduce, copy, distribute, process, upload any picture, text, visual or audio image, video, file, database, catalogue and list that constitute a violation of the assets or financial or personal rights of "FROMOWNER " and/or any other third parties and not to directly and/or indirectly compete with "FROMOWNER" by neither these acts nor any other means. "FROMOWNER" shall have no direct and/or indirect liability for any damages that any third parties suffer or may suffer from the Members" illegal or contradictory (to this Agreement or to law) activities on the "PORTAL".
5.1.7 In relation to the listings on the Portal and the FROMOWNER Interface, FROMOWNER permits the display of the listings and use of FROMOWNER INTERFACE for the sole purpose of User?s learning the content of the related listings, on the other hand any other acts to access the database for any other purpose such as copying a listing, directly/indirectly publishing those listings on any other channels, compiling such listings, processing such listings, providing links to the listings, are all prohibited. Any use of FROMOWNER DATABASE outside the scope designated in this Article, is against the law and FROMOWNER?s related rights to pursuit, lawsuit and claim are reserved.
5.1.8. "FROMOWNER DATABASE" and information stored at the "FROMOWNER DATABASE", can not partially or in whole be copied, transferred to another database or opened to access or use of any third parties from such databases without the written approval of "FROMOWNER".
5.1.9 "FROMOWNER", its employees or executives shall have no responsibility for any services provided on and/or any content published on the "PORTAL" by third parties including the Members. The responsibility to undertake the accuracy and legality of the information, content, visual and audio images that are provided or published by any third parties is entirely on the person who does these acts. "FROMOWNER" does not undertake and guarantee the security, accuracy and legality of the services and content provided by any third parties including the Members.
5.1.10. With respect to his/her actions and transactions on the Portal; the Member accepts, declares and undertakes that as an advertiser, seller, tax payer or under any other capacity, he/she is obliged to take/fulfill the legally required measures and procedures; that FROMOWNER shall have no obligation or responsibility in relation to such measures and procedures; that he/she shall be responsible for any kinds of damages suffered/may be suffered by other Members, FROMOWNER and/or any third parties from any of his/her faults or negligence to fail to take/fulfill such measures and procedures.
5.1 FROMOWNER'S RIGHTS AND OBLIGATIONS
5.2.1 "FROMOWNER" accepts, declares and undertakes to provide the services designated by this agreement in accordance with the terms of this Agreement and the explanations stated in the "FROMOWNER Membership Account" related with the related service; save for the provisions stated in Article 4 of this Agreement to build and manage the technological infrastructure required for providing the services designated by this Agreement. The technological infrastructure building obligation specified by this article shall not be an absolute and complete service undertaking. FROMOWNER may at all times without notice terminate or cease the services designated by this agreement as well as the technological infrustracure.
5.2.2 The rights of "FROMOWNER " to change at all times the Services and contents provided on the PORTAL; to block access of third parties (including the Members) the information and content uploaded to the system by the Members as well as to delete such information and content; are reserved. "FROMOWNER " can use these rights without any notice and in a way to become effective immediately. The Members are obliged to urgently make the changes and/or modifications requested by "FROMOWNER". In case deemed necessary, the changes and/or modifications requested by "FROMOWNER " can be made by "FROMOWNER ". In the event that the changes and/or modifications requested by "FROMOWNER " from the Members, shall not be made by Members on time, the full legal and criminal responsibility for the damages that result or may result from that, shall lie with the Members..
5.2.3 On the "Portal", links to websites, portals, files or to content owned or managed by Seller(s), providers or other third parties that are not under FROMOWNER?s control,; may be provided. Such links may have been provided by the Members as well as by FROMOWNER (for ease of reference). Such links shall not constitute a support of the owner of the linked website or content and shall not constitute any endorsement, recommendation or favor or any other kind of declaration or a guarantee of the information in the linked website or content. "FROMOWNER " shall have no responsibility concerning the portals, web sites, files and contents accessed via the links on the PORTAL, the services or goods provided on that linked portals or websites or their content.
5.2.4 "FROMOWNER " may use in any way the content uploaded by the Members to the Portal as well as the membership information for providing the security of the Member as well as for fulfilling its own obligations or for some statistical evaluations. FROMOWNER may classify and store such content and information on a database.
5.2.5 "FROMOWNER" may at any time and by any way block access to the messages or contents that are in contradiction with the running of the Portal, the law, other?s rights, terms of this agreement; general rules of ethics. "FROMOWNER" can, without further notice, terminate the Membership of the Member who provides such messages or content.
6. "FROMOWNER" Services and Conditions of Use On the Portal,
"FROMOWNER" shall provide to the "Members" the "services" within the scope and conditions of use as determined by this agreement. Main goals of the services provided by "FROMOWNER" are as follows;
1- "Marketing, presentation and advertising by way of displaying the content uploaded to the Portal by the Member via "FROMOWNER Member Account" so that the goods and services on which the Member has the legal right of disposal can be made a subject of a legal transaction for a fee such as sales, rent, swap etc.
2- Providing a communication environment for the "MEMBERS" to sell the goods that they have the absolute right of disposition within the conditions of the listings published within the Portal by using the "Secure Electronic Commerce System" and providing a secure payment process within the scope designated by this Agreement.
6.1. "FROMOWNER" LISTING SERVICES
6.1.1 Through FROMOWNER Membership Account, "MEMBER" shall create the listings using the interfaces on the "FROMOWNER Membership Account", in accordance with the "Listing Programs" that are determined by "FROMOWNER", and shall upload them to the "FROMOWNER Database".
6.1.2 "FROMOWNER" accepts, declares and undertakes to provide the "Listing Programs" to the selection of the Member within the conditions in the "FROMOWNER Membership Account" and to evaluate the requests and the selections of the "Member" related to the "Listing Program", and depending on the affirmative evaluation publishing the listing(s) of the "Member" in accordance with the explanations made at the "FROMOWNER Membership Account"
6.1.3 "FROMOWNER" shall evaluate the listing(s) created by the "Member" in accordance with and accept or decline to publish those listings. FROMOWNER shall freely assess and determine the criterias, conditions and duration of evaluation of the publishing request of the listings and shall publish those criterias and conditions at the "Listing Programs" section of the "Portal".
6.1.4 "FROMOWNER" may temporarily or permanently stop the publishing of the relevant listing, if the listings published at the Portal are illegal and/or immoral, infiringing others? personal and commercial rights or being respondent to that kind of formal notices, or directly or indirectly being against the terms of this agreement and the terms and conditions at the "Portal" or in the conditions stated at the Article 4.3 of this agreement. FROMOWNER shall not perform any back payment against a return invoice; similarly, "Member" accepts, declares and undertakes that he/she shall not request and sue for the back payment of the price that is paid for the "Listing Programs"
6.1.5 "FROMOWNER" may contract with third parties for the display of the Member?s listings on other sites or search engines. "Member" declares and accepts that by this agreement he/she has granted an explicit authority and right to "FROMOWNER" for this issue.
6.1.6 "Member" accepts, declares and undertakes that he/she shall be irrevocably binded by the his/her selections relating to "Listing Programs" as well as all the operations and requests that he/she has performed using the "FROMOWNER Membership Account".
6.1.7 "Member" accepts, declares and undertakes all the responsibility of the acts and actions performed using the "FROMOWNER Membership Account", Member accepts, declares and undertakes he/she may not use a defence/objection that those acts and actions are not performed by him/her, and/or, he/she may not abstain from his/her obligations on the basis of those defences.
6.1.8 "Member" accepts, declares and undertakes that he/she shall not perform any illegal acts including defamation, detraction, criminal commercial libel, menace, or harresment, and that he/she shall not use the"portal" utilities with unsolid or overloading attempts, and shall not let the discreditable, pornographic or immoral content to be used at the listings that will be published at the "Portal".
6.1.9 "Member" shall advertise his/her goods and services with accurate and lawfull information. It is prohibited to list goods and services that the Member does not hold a legal right of disposal, the goods and services designated at the List of Banned Products which is the inseperable part of this agreement. "FROMOWNER" may suspend, exclude from the membeship, or ban those "Members", and may terminate this agreement unitarelly and without any paying pack liability.
6.1.10 "Member" accepts, declares and undertakes that he/she shall not put up any listings or there shall not be any listings including any content, or visuals such photograph or video against any legislation including but not limited to the regulations on the protection of the consumer, intellectual property, unfair competition and advertising.
6.1.11 "Member" accepts, declares, and undertakes to perform specific performance of all the acts and activities that are stated by "FROMOWNER" and to fulfill the payment for the "Listing Programs" that he/she has chosen in the way stated at that specific Listing program.
6.1.12 Member may publish his/her own listings at his/her own area, with the content and information that will be determined by the member, as it is specified at the "Portal"s "Stores" section. In order to publish his/her listing(s) as designated by this article, in addition to this agreement, the member shall pay the prices stated at the "Stores" section at the"Portal", and shall obey the terms and conditions at the related section, and accept, declare and undertake to obey the terms and conditions at the "Store Conditions of Use"
6.2. "FROMOWNER" SECURE ELECTRONIC COMMERCE SERVICES
Secure electronic commerce service is a system that provides "Members" who are in the capacity of "Buyer" and the "Seller" within this agreement, to conclude an online contract between them, utilizing from the "Portal"s infrustucture; and provides to transfer the purchase price of the related goods and services from the "Secure Acount" of "FROMOWNER" to the declared account of the "Seller", if the obligations derived from this agreement are completely fulfilled and after the parties report this aspect to "FROMOWNER" accordance with the procedure; on the other hand providing the refundment of the purchase price to the "Buyer" after this aspect is reported to "FROMOWNER" accordance with the procedure. The service is also defined within this agreement and the annexes and also at the "Portal"
The articles below states the rights and obligations of the "Members" who are in the capacity of "Buyer" and "Seller" and "FROMOWNER"s position behind those rights and obligations.
"Seller" utilizing from "FROMOWNER SECURE ELECTRONIC COMMERCE SERVICE" at the same time shall obey the liabilities at the 6.1 Article of this agreement. The conditions at the Article 6.1 shall also be applied to the listings of the "Seller"s utilizing from the secure electronic commerce service.
6.2.1. Rights and Obligations of the Buyer
126.96.36.199. Within the "Secure Electronic Commerce Service", "Buyer" requests for purchasing of the goods and the services of the "Seller" by using the infrastructure of the "FROMOWNER" internet portal. The nature of the "Buyer"s purchase request using the "FROMOWNER"s utilities is "accepting the conditions of the related good and service?s purchase stated at the listing" and "building a sales contract with the "Seller"". "Buyer"accepts and undertakes by this purchase request to buy the related good or service.
188.8.131.52. At the "Secure Electronic Commerce Service", If the "Seller" has specified a sales methos to modify the certain price of the good by accepting price requests from the "Buyer", "Buyer" uses the "Bidding" button to perform the price request to the "Seller". The price request of the "Buyer" shall be within the limits specified by the "Seller". The contact shall be made when the "Seller" accepts the request of the "Buyer". The decleration of the "Seller" to accept is sent to the "Buyer"s electronic mail addrress and synchronously monitored at the "FROMOWNER Membership Accout" of the "Buyer". "Seller"shall make his/her declaration of acceptance/decline by using "FROMOWNER Membership Account" "FROMOWNER" shall have no responsibility about the accept and decline declerations made without using the "FROMOWNER Membership Account". The contract between the parties shall be terminated per se if the agreed price of the good is not paid by the "Buyer" to the "FROMOWNER"s "Secure Account" within 3 (three) workdays after the acceptance of the request of the "Buyer" by the "Seller" within the conditions of the present article. If the "Seller" has determined the price of the good and published at the related section of the listing, the contract shall be built after the "buyer" adds the good to the bucket, , and if the payment transanctions are complete.
184.108.40.206. "Buyer" is deemed to have also accepted the sales conditions and terms of the "Seller", by sending purchasing requests utilizing from the infrustructures of "FROMOWNER" portal. Save for the exceptional situations, "Buyer" shall not draw back or cancel his/her purchase requests. The exceptions are; not paying the offer amout stated at the Article 220.127.116.11 to the "FROMOWNER Secure Account" on time, uncertanity of the identity of the "Seller", not delivering of the related good to the "Buyer" in a certain time that the "Seller" indicated, after the execution of the contract as it is stated at the Artice 18.104.22.168 and 22.214.171.124.
126.96.36.199." "Buyer" shall only fulfill the payment obligation for the purchasing orders he/she has made by using the infrastructure of FROMOWNER Portal, by transferring the certain amount to the "FROMOWNER Secure Account". In case of fulfilling the payment obligation is made without using the "FROMOWNER Secure Account", "FROMOWNER" shall not have any responsibility; in addition to this, the rights and obligations of the "Buyer" and the "Seller" will not be subject to this agreement. "FROMOWNER" may make the payments easier for the "Buyer" about the payment obligation, with installment plan by cooperating with contracted banks. In such a case, the terms about the installments will be announced by "FROMOWNER" to the "buyer" at the related part of the portal. If the "buyer" decides to pay with an installment plan, it also means that the "buyer" accepts the conditions at the related part of the portal.
188.8.131.52. "Buyer" shall transfer the price of the good in order to fulfill the payment obligation, to the "FROMOWNER Secure Account" to be blocked, until the duration designated which is the inseperble part of this agreement is completed. "Buyer" accepts and undertakes to make the notify about the transfer of the price of the good to the "Seller"s account after delivery information has been sent to the "Seller" and to recieve the good, or in case of returning the good using the "FROMOWNER Membership Account" When the "Buyer" with any reasons return to the "Seller" the purchase price of the good shall be transfered back to the "Buyer"s account if only the "Seller" confirms that he/she recieved back the good from the "SAHIBENDEN Membership Account" The confirmation shall not be cancelled after the confirmation of the "Buyer" stated within this article, and "SAHIBENDEN" shall not be under any responsibilities because of any disputes between the parties after this procedure, including the providing of the connection between the "Members" "Buyer" accepts and declares that, if he/she shall not fulfill the obligations above, it will be counted as he/she accepted the good that the "Seller" sent, and transfering the price of the good to the "Seller"s account without any need to warning using the"FROMOWNER Member Account".
184.108.40.206. "Buyer" accepts and declares that, "FROMOWNER" does not have any information including about the defects, listing, if it is one of the prohibited goods or not, quality, originality, the accuracy of the written and/or visual explanations during the listing of the good and also "FROMOWNER" shall not have any responsibility to undertake and waranty those are stated above.
220.127.116.11. "Buyer" accepts and declares that the purchase price of the good including the VAT and after the service commission price is reduced, will be transfered to the "Seller"s declared bank account, after fullfiling the obligations stated within the Article 18.104.22.168; and "FROMOWNER" shall not have the right of disposal on the account.
6.2.2. Rights and Obligations of the Seller
22.214.171.124. "Seller" accepts and undertakes that he/she has the ultimate right of disposal on the goods and services that he/she is exposing for sale; and there is no legal or factual restriction for related goods and services to be sold by him/her. "Seller" accepts and undertakes that the goods and the services are not prohibitted to sale and advertise, are not against the conditions of use of the services provided by the portal and the membership conditions, and are not against any legislation. "Seller" acceps that all the responsibilitiy of the goods and the services that are being exposed for sale, and "FROMOWNER" does not have any direct or indirect relation with him/her about the selling of the goods and services.
126.96.36.199 "Seller" accepts and undertakes that he/she will perform the sale of the good and the service, same as it is stated at the listing of the good/service.
188.8.131.52. "Seller" accepts and undertakes that after the transfer of the price of the good to the "Secure Account", he/she shall recieve the related good and/or service to the "Buyer", as they decided and as it is stated of this agreement.
184.108.40.206. "Seller" accepts, declare and undertakes that he/she is responsible from the goods and services are not one of the prohibited items, and has the legal, commercial, and administrative responsibility because of reproducing, copying, selling, disturbiting, or any act that will be against the legislation; and has the liability to defend "FROMOWNER" against any judicial, commercial, administrative authority.
220.127.116.11. "Seller" accepts and declares that the prices of the good that the "Seller" has the liability to sell as is stated at Article 18.104.22.168 of this agreement, shall be transfered to the "Secure Account" that is managed by "FROMOWNER" and be kept at that blocked bank account until the good and the services are delivered to the "Buyer", and after the confirmation of the"Buyer" "Seller" accepts and undertakes that, the "Buyer", may confirm the price of the good at the "Secure Account" to be transefered to the account of the "Seller" within the stated time and procedure of this agreement, or may not confirm the good or the service and to return it to the "Seller", and paying of the price of the good or service back to him/her. "Seller" accepts and declares that, if the "Buyer" shall not fulfill the obligations above, it will be counted as he/she accepted the good that the "Seller" sent, and transfering the price of the good to the "Seller"s account without any need to warn using the"FROMOWNER Member Account". "Seller" accepts, declare and undertakes to fulfill the acts within the stated procedures which is the inseperable part of this agreement, and adaquete to the explanations and procedures at the "Portal" about the related topic.
6..2.2.6. "Seller" accepts that, he/she shall send the good or service on time and with the proper qualities that he/she declared at the expose of the goods for sale and to provide the delivery to the "Buyer"; and he/she has the only sole rights on the related good or service. "Seller" accept, declare and undertakes that the "Seller" shall fulfill the delivery obligation with the intermediation of the contracted cargo companies by "FROMOWNER", shall upload the delivery information to the portal using the "FROMOWNER Member Account", and the purchase price if the goods or services shall not be transfered from the "Secure Account"to his/her account, and shall be paid back to the "Buyer", unless the obligations above shall not be fullfilled. "Seller" accepts and declares that the purchase price of the good including the VAT and after the service commission price is reduced, will be transfered to the "Seller"s bildirilen bank account, after fullfiling the obligations stated within the Article 22.214.171.124; and "FROMOWNER" shall not have any right of disposal on the assets of the "Buyer" and/or the "Seller" to one?s order.
6.3. Additional Services Members may benefit from the services in adition to the main services designated in this agreement, by paying the the designated fee of that service, if there is a fee designated for those additional services. Members accept and undertake to fulfill with the obligations in accordance with the explanations made in the related parts of the Portal for the services defined in accordance with this Article.
7. Goods and Services Prohibited to be Listed, Advertised and Exposed for Sale
7.1. Within the context of services provided by "FROMOWNER in the Portal, exposure and listing of some goods and services are prohibited by "FROMOWNER". Prohibited goods and services are indicated in an unlimited way in List of Banned products of this agreement. Aside from those indicated in the List of Banned products, it is prohibited to advertise, expose for sale and list all sorts of goods and services for which the "MEMBER" does not have the right and essential authority to peacefully make all kinds of legal acts.
7.2. In case the prohibited goods or services are exposed for sale or listed by the "MEMBER" in the portal and this case is found out by "FROMOWNER", "FROMOWNER" reserves all rights to prevent the exposure for sale and listing of the related prohibited goods and services, to terminate the membership of the "MEMBER", who exposed for sale or listed the prohibited goods or services and to terminate this agreement without a need for a notice.
7.3. If found appropriate by FROMOWNER (especially in case of the sale of stolen, contraband or imitated goods) without a need for a notification, "FROMOWNER" may inform or notify public prosecutors or other pertinent bodies for necessary legal actions to be taken. If the "MEMBER" suffers a prejudice for the notification and/or share of knowledge of "FROMOWNER", he/she agrees and undertakes not to hold "FROMOWNER" responsible for this in any way and not to request for any compensation. "MEMBER" also agrees and undertakes that in case there is a compensation claim from a third-party person or body, he/she will pay every kind of legal fee arised from this sale, including "FROMOWNER"?s potential attorney and compensation fees. "MEMBER" agrees and undertakes that all of the goods he/she lists in the Portal have been subject to customs procedures in accordance with the customs procedures, import regulations and regime and customs law and regulations of the Republic of Turkey and are in free circulation.
8. Evaluation System for Member Profiles
8.1. Evaluation system for member profiles is an evaluation and grading system, which solely consists of "MEMBER"s? grading, created to provide a secure communication and trade between "MEMBER"s and for the purpose of "MEMBER"s? and "USER"s? to maintain an opinion about other "MEMBER"s. Only "MEMBER"s and "FROMOWNER" have the right to send new messages to member profiles. When "MEMBER"s add new comments to member profiles, they will add these comments merely in accordance with the experience and knowledge they gained from using "FROMOWNER", its "services" and the "Portal".
8.2. Every kind of civil and criminal liability for the comments of the "MEMBER"s in creating new membership profiles and adding comments to profiles is at the peril of the "MEMBER" who added the comment. "FROMOWNER" will not have any civil liability for the comments made in such profiles.
8.3. "MEMBER" may not manipulate the evaluation system for member profiles for any reason and by any means, may not force the other side of the transaction to make positive comments or may not prevent his/her negative comments. In case she/he does that, the Member agrees and declares to compensate all the damages of "FROMOWNER" arised from these actions, and agrees and declares that "FROMOWNER" shall have the right to uniletarelly and without further notice terminate this agreement and terminate the membership of the "MEMBER".
8.4. "MEMBER"s may not hand over their own member profiles to other "MEMBER"s and may not let them use the profiles in any way and under no terms or conditions. "MEMBER"s agree and declare that in case they hand their own member profiles over to others or let them use the profiles, "FROMOWNER" shall have the right to uniletarelly and without further notice terminate this agreement and terminate the membership of the "MEMBER".
8.5. "MEMBER"s agree and declare that in case they violate the rules indicated by "FROMOWNER" in the Portal or in this agreement or, as a penalty "FROMOWNER" may diminish points from their profiles.
"FROMOWNER" will announce the "service" fees and the terms of payment about "Listing Fees", "Secure Payment Fees" and additional "service"s in the relevant sections of the portal. The changes in the "service" fees will be effective in 3 days after they are announced and in case there is a campaign, the fees will be effective until the related campaign ends. Unless stated otherwise in the Portal, all of the fees for the "service"s indicated in the "Portal" will be calculated and collected in Turkish Liras (TL). "FROMOWNER" may collect the fees of its "service"s within the context of the portal in various ways (via credit card, postal check, FROMOWNER credit, bank remittance, EFT, etc?). These methods are indicated in the announcements made in the relevant sections of the portal. "MEMBER"s are obliged to pay their fees according to the methods indicated in these announcements.
11.2 Amendments to the Agreement "FROMOWNER " can at any time amend this Agreement unilaterally and in its sole discretion by making an announcement on the "PORTAL". The amended provisions of this Agreement shall become valid on the date of their announcement and the rest of the provisions shall remain in full force and effect. This Agreement shall not be amended by unilateral decleration of the Member.
11.3 Force Majeure In cases which are legally deemed as force majeure; "FROMOWNER" shall not have any obligations for not fulfilling or for fulfilling in an imperfect or delayed way one of its obligations designated in this Agreement. These and similar cases shall not be deemed as delay, imperfect fulfilment, unfulfillment or default and no indemnifications under any name shall be requested from "FROMOWNER" for these kind of cases. Force majeure shall be interpreted as inevitable cases including but not limited to natural disasters, riots, war, strikes, communication problem, infrastructure and internet failures, system modification or system refurbishment works, or any malfunction, electrical power cut and bad weather which happen outside the reasonable control of "FROMOWNER" and which "FROMOWNER" could not avoid although it has shown the necessary attention.
11.4 Applicable Law and Jurisdiction Turkish Law shall be applied in the application and interpretation of this Agreement. In the event that the legal relations within the scope of this Agreement include an element of foreignness, Turkish law shall be applied except for the Turkish rules of Conflict of laws. Istanbul Central Courts and executive offices shall be the competent jurisdictions for any conflicts that occur or might occur within the scope of this Agreement.
11.5 Validity of the Records of "FROMOWNER" The "MEMBER" agrees, declares and undertakes that in the event of any conflicts that might occur from this Agreement, the electronic and system records that "FROMOWNER" keeps in its own database and servers, "FROMOWNER "?s commercial records, "FROMOWNER"?s book records, "FROMOWNER"?s microfilm microfiche and computer records shall constitute valid, binding, absolute and exclusive evidence. The Member agrees, declares and undertakes that he/she holds "FROMOWNER" harmless from offering to swear. The Member agrees, declares and undertakes that this Article constitutes an evidence agreement within the meaning of Article 287 of the Turkish Code of Civil Procedure.
11.6 Effect This Agreement (including the documents referenced by this Agreement which are part and parcel of this Agreement) shall become effective by mutual agreement as the Member electronically gives consent.