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Last updated: (publishing date) 05/12/2021


GENERAL TERMS OF USE

Welcome to our website albursa.com As ALBURSA E-TİCARET ANONİM ŞİRKETİ (here-in-after referred to as “ALBURSA”,“Company” or “we/our/us”.) we're using the phrase "General Terms of Use" (here-in-after referred to as an “Agreement”, "Terms", or "Terms of Use") to describe a general agreement between ALBURSA and all Users (which are; visitors, members(registered-free or paid) user(s), contributors and others who access the Service for any purpose( as “User”).

This website explains the Terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”).
Please also see our Privacy Policy, Cookie Policy, and GDPR, and KVKK Compliance on our website and visit this page regularly to review the current Terms of Use.

1. TABLE OF CONTENT

1. Table Of Content
2. Introduction
3. About Website/Platform
4. Privacy
5. Consent
6. Unlawful Or Prohibited Use
7. Notification Procedures
8. Legal Capacity
9. Third Party Services
10. Account Registration and User Content
11. Prohibited Use
12. Paid Services
13. No Refunds
14. Intellectual Property Protection
15. Disclaimer Of Warranties and Limitation of Liability
16. Unauthorized Usage-Copyright
17. Severability
18. No Waiver
19. Indemnity
20. Assignment
21. In Case of Any Dispute
22. Arbitration
23. Law And Jurisdiction
24. Amendment
25. Miscellaneous
26. Copyright Protection
27. Contact Information

2. INTRODUCTION
Please read these Terms carefully before using our Services. These Terms apply to all visitors, users and others who access or use our Service. Nothing contained in this website shall be deemed to confer any third-party rights or benefits.

This is an agreement between Users and ALBURSA. Before using our Service, please read these Terms Of Use, including other policies posted on our website. By using our website, or subscribing; you read, understood, accept, and agree to these terms and conditions in full. If you disagree with these terms and conditions or any part of them, you do not have the right to use our website and benefit from our services and should cease using them immediately.

Our website uses cookies. By using our website and agreeing to these terms and conditions, you also consent to our use of cookies in accordance with the terms of our Privacy and Cookie Policy.

3. ABOUT WEBSITE/PLATFORM
a. About Our Website
This website is a platform through which specialized in construction and real-estate area. In this platform registered users can find construction materials, meet real-estate developers, share industry-related experiences, and choose services all across the world. In addition, our website also provides a platform where registered users can find an open international tender.

b. Open Global Tender Section
International open tenders can be a safe alternative to reach an international market. As ALBURSA, we provide to our registered Users (both vendor and user) with the opportunity of international open tender. On the platform we have created, our Users can bid for the supply or implementation of a particular service or bid on an existing tender.

c. Subscribing Fee
Our Users are required to log in to our Site for a fee, in order to benefit from our services. As ALBURSA, we offer our users with a variety of plans, and they can select the one that best suits their needs. Please read the “12- Paid Service” section to find more information.

Besides, at any time after becoming a member/user of our platform, if you so desire, may stop the renewal of your subscription. If you register with our website, we will ask you to expressly agree to these terms and conditions.

4. PRIVACY
As ALBURSA, we care about the privacy of our Users. Our “Privacy Policy” sets out how we collect, use, disclose and store your personal data and how it is transferred to and processed in to the abroad or in Turkey. The Information contained in our Privacy Policy makes up part of these Terms of Use.

5. CONSENT
(i) As ALBURSA, we provide our users a Service which specialized in construction and real estate area. Our registered users can find a wide range of vendor information so they can directly communicate with them. There is also a forum section where they can share their experiences on industry-related issues or comment on an existing post. For this reason, as a user, you have given your explicit consent that your personal data including special categories of your personal data can be (including but not limited to) processed, collected, used, shared, transferred for the designated purposes in this Terms.

(ii) By using our website or subscribing (which is considered as your official consent to process, collect, use, transfer, and disclosure of your personal information as we describe further below); you read, understood, accept, and agree these Terms in full. If you disagree with these terms or any part of them, you do not have the right to use our website and benefit from our services and should cease using them immediately.

6. UNLAWFUL OR PROHIBITED USE
As a User, you agree not to use the Service, or content provided on or through the Service, for any purpose that is unlawful, threatening, or prohibited by these Terms of Use or the rules, guidelines or Terms Of Use posted for a specific area of the Service or content provided on or through the Service. Otherwise, you shall understand and agree that ALBURSA reserves all rights to immediately terminate, block, or remove your membership and access to the Service without any prior notice and showing any reason.

7. NOTIFICATION PROCEDURES
As ALBURSA we may provide some notifications, about marketing, advertising, revised Terms or other business-related purposes to our Users via E-mail or SMS (to the email address and phone number you provided), or through posting of such notice on the website and also other social media tools (Facebook, Twitter, Instagram, LinkedIn), as determined by our Company in our sole discretion.

If you do not agree to the changes, you may close your account and stop using the Service. Please revisit our General Terms of Use regularly to ensure that you stay informed of any changes.

8. LEGAL CAPACITY
This website and our services are available only to those individual users or companies that can form legally binding contracts under the applicable law. By using them, you agree and warrant that you have reached the age of majority in your state or province of residence. If you are using on behalf of an organization or entity, you represent and warrant that you are authorized to agree to the Terms and Conditions on their behalf. You must stop using this website if applicable laws prohibit that such use.

9. THIRD PARTY SERVICES
As ALBURSA we create a platform that makes finding and meeting service providers a simple task. Our registered users can find vendors, products and services and service providers’ information in our platform and directly communicate with them. For this reason, you accept that ALBURSA is not responsible for the risks you take associated with these third-parties links, special offers, advertisers, or make connections to their applications or services or other events and activities.
You understand and accept that, such third-party services may or may not have their own terms and conditions, privacy and cookie policies or other policies. You understand and agree that we shall not be responsible for any liability for any loss or damage associated with any such third-party interactions.

ALBURSA makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website.

10. ACCOUNT REGISTRATION AND USER CONTENT
In order to use our Services, you may be required to sign up for an account. To sign up for an account, you represent and warrant that: (i) all required registration information you submit is truthful and accurate; and (ii) you will maintain the accuracy of such information. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Services; and keeping your password and other account details confidential.

a) User ID and password or any information related to that are confidential and Users are responsible for maintaining the confidentiality of their passwords and account and responsible for updating and correcting information they have submitted. They will be fully responsible for all activities occurred under their password or account, with or without the knowledge of the User. ALBURSA reserves the right to refuse service, terminate accounts, save, remove, transfer, or edit any content residing on the servers, or cancel request in its sole discretion with or without any notice and showing any reason.

b) Users are responsible to their content on the website (including forum section) as any audio, video, text, images, or other material they choose to display on our Service and by displaying it. User grant ALBURSA a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media. Users’ content must be their own and must not be infringing on any third party’s rights. Our Company reserves the right to save, remove, transfer, or edit any of these content from the Service at any time, and for any reason, without notice.

11. PROHIBITED USE
Users may use the Service only for lawful purposes and as specified in this Terms of Use. Users expressly and emphatically are restricted from all of the following prohibited activities:
(i) Using the Service in any way that violates any applicable local or international law or regulation, or in any way that causes, or may cause, harm to the Service, or to any person or business entity;
(ii) Publishing, copying, distributing, or disclosing any part of the Service;
(iii) Publicly performing and/or showing, selling, sublicensing and/or otherwise commercializing any Service material, in any media;
(iv) Using any automatic device system or any device or software, uploading invalid data or other software agents through the Service that interferes with the proper working of the Service and/or introduce any technologically harmful material,
(v) Using the Service in any way that is damaging any part of the Service or impacts Users access to the Service or transfer, collect, remove or makes any other changes to the data or any other similar activity in relation to the Service;
(vi) Using the Service for any commercial demand purposes or any other malicious activity.

Users access to certain areas of this Service is restricted. ALBURSA reserves the right, in its sole discretion, to further restrict your access to any area of this Service at any time. Users accept and undertake that ALBURSA shall have no liability for Users’ interactions with each other or for any User’s action or inaction.

12. PAID SERVICES
Our website is a platform through which specialized in construction and real-estate area. In this platform that registered users can find construction materials, meet real-estate developers, and choose services all across the world. In addition, our website also provides a platform where registered users can find an open international tender. To benefit from our services, users need to subscribe and pay for it.

Subscription levels include monthly fees for the use of the website and hosting features of the Service. If you prefer to use one of the paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. The Company reserves the right to change or add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion; by updating the fees listed on the website.

13. NO REFUNDS
Users can stop to use or renew their account at any time; however, there are no refunds for cancellation. In the event that the Company suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription of the Service, any content or data associated with your account, or for anything else.

14. INTELLECTUAL PROPERTY PROTECTION
This website contains copyrighted materials. You acknowledge that all intellectual property rights, including without limitation, text, images, patents, logos, illustrations, User contents, copyrights, trade names, trademarks, trade secrets and all other property rights, in the Products, Software, Website, Apps, are the exclusive property of ALBURSA or its affiliates. You are not allowed to copy, change, distribute, publish, transmit, display or in any way take advantage of any of the content, in whole or in part in any manner.

Also ALBURSA takes no responsibility about photos, information, offers, logos, trade names and all other copyrighted materials of any third parties in the platform.



15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We are a platform that allows third parties to come together within the framework of business. Therefore, ANY VIEWS EXPRESSED ARE THEIRS AND UNLESS SPECIFICALLY STATED ARE NOT THOSE OF Our Company.
Our Service IS PROVIDED on an "AS IS" and "AS AVAILABLE" basis with all faults without any representations or warranties of any kind either express or implied.

AS ALBURSA, WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS MAKE NO WARRANTIES, OR REPRESENTATIONS ABOUT THE CONTENT (ALSO THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS OR RELIABILITY.
ALSO, WE SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS, OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU EXPRESSLY AGREE THAT YOU USE THE SERVICE AND THE CONTENT AT YOUR OWN RISK.

ALBURSA, IS NOT RESPONSIBLE FOR ANY CONTENT POSTED BY users OF THE PUBLIC ON THE SITE OF FOR THE AVAILABILITY OR CONTENT OF ANY THIRD-PARTY SITES THAT ARE ACCESSIBLE THROUGH THE SITE.
ANY LINKS TO THIRD PARTY WEBSITES DO NOT AMOUNT TO AN ENDORSEMENT OF THAT SITE.
WE DO NOT guarantee that the website, its servers, or any e-mail sent from our website are free of viruses or other harmful components. AND ANY USE OF THAT SITE BY USERS IS ENTIRELY AT THEİR OWN RISK.
Additionally, nothing contained on the Service shall be construed as providing consult or any advice to you.

IN CASE OF SOME COUNTRIES, REGIONS AND STATES do not allow limitations on implied warranties or the exclusion or limitation of certain damages FOR ANY REASON, IN THESE COUNTRIES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

16. UNAUTHORIZED USAGE-COPYRİGHT
This website is protected by copyright as a collective work and/or compilation, pursuant to Republic Of Turkey copyright laws, international conventions, and other copyright laws.

17. SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court or other competent authority finds that any provision of this Terms of Use is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

18. NO WAIVER
No waiver, delay, failure, or discontinuance of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and also ALBURSA's failure to assert any right or provision of this Agreement shall not constitute a waiver of such right or provision.
19. INDEMNITY
Users hereby agree to indemnify, defend, release, and hold the Company (including our affiliates and subsidiaries, officers, directors, employees and agents) or anyone else involved in creating, producing, or distributing the Service, harmless from any and all claims, liability, demand, damages and/or costs (including but not limited to, reasonable legal fees,) made by any third party due to or arising out of User’s breach of this Agreement, User’s improper use of our Services or User’s breach of any law or the rights of a third party.

20. ASSIGNMENT
ALBURSA shall be permitted to assign, transfer, and subcontract its rights, licenses and/or obligations under these Terms without any notification or consent required.
However, Users shall not be permitted to assign, transfer, or subcontract any of their rights and/or obligations under these Terms. Any attempted transfer or assignment in violation hereof shall be null and void and the User will be responsible for any damages that may arise.

21. IN CASE OF ANY DISPUTE
As a user you may always contact us if you believe that your data protection rights have been impaired. Our Company will carefully examine your concern and take the possible precautions. ALBURSA also obliged to protect the confidentiality of your other personal data obtained in connection with your request.

22. ARBITRATION
In case of any disputes, as User you agree and accept to contact with us at [email protected], to resolve disputes as we stated above. Arbitration is an available solution to resolve disputes through out-of-court remedies effectively, quickly, and at a lower cost.

In this case, both sides are agree that the rules of arbitration of the “The Istanbul Arbitration Centre (ISTAC)” and the applying the law of the Republic of Turkey. There shall be one arbitrator and each party shall bear its own costs. You agree that the arbitrator may order an injunction if appropriate and you agree not to require any posting of a bond or similar requirement in such case.

The rules that must comply by parties and alternative dispute resolution providers;

- Privacy: No part of the arbitration proceedings shall be made available to the public or the media, except as required by court order or law, or for enforcement of the award.
- Applicability: Any decision made by the arbitrator will be final and binding and may be enforced in any jurisdiction.
- The arbitration process will not involve any physical appearance of the parties or witnesses, unless otherwise agreed by the parties.
- Arbitration may be conducted by telephone, online and/or based solely on written submissions,

In the event the alternative dispute resolution provider declines to accept the jurisdiction of the dispute, you agree that all proceedings relating to ALBURSA must be brought exclusively in the courts of Istanbul Province, in the Republic of Turkey, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.

23. LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey, any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of the Republic of Turkey.
Users agree to bring any claims arising out of, relating to, or concerning these Terms of Use exclusively in courts within the Republic of Turkey and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

24. AMENDMENT
We reserve all the rights, at our sole discretion, to change, amend, update, withdrawn, modify or replace these Terms and also other information, material and content provided in the Service at any time and without any prior notification, and revised Terms and other information shall be effective immediately on posting. By using our Service, you accept to receive notifications at any time, if you so desire, you may unsubscribe from receiving them

25. MISCELLANEOUS
These Terms set forth the entire agreement and understanding between the User and ALBURSA. If any of the provision of these Terms is invalid, illegal, or incapable or for any reason unenforceable, such provisions shall be deemed severable and all other conditions and provisions of this Agreement shall nevertheless remain in full force.
Any waiver of any provision of the Terms of Use will be valid only if in writing and signed by ALBURSA's authorized signatory. Fulfillment of any provision of these Terms shall not be deemed a waiver of ALBURSA's rights under such provision. Nothing in this Agreement shall be construed as conferring any right or benefit on any third party or creating any third-party beneficiary relationship. Our company will not be liable for any failure or delay in fulfilling its obligations for any reason beyond its control, including but not limited to labor disputes, transportation problems, system failures, war, earthquake, fire, and epidemics.

26. COPYRIGHT PROTECTION
Copyright License is subject to the terms of this Agreement. All materials on this Site are copyrighted and protected by worldwide copyright laws and other provisions. All copyrights and other intellectual property rights of the materials on our Service, especially the ALBURSA website, are reserved. Please be aware that, unauthorized use may violate copyright and trademark and privacy laws and result in severe civil and criminal penalties.

27. CONTACT INFORMATION
Please contact us at [email protected] with any questions regarding this Agreement.

The Data Controller:
ALBURSA E-TİCARET ANONİM ŞİRKETİ
Yakuplu Mah. Hürriyet Bulvarı No: 111
İç Kapı No: 4, 34524,
Beylikdüzü/ İstanbul