Individual Membership Agreement 

1. Parties

This Individual Membership Agreement (hereinafter referred to as the Membership Agreement); has entered into force by being concluded electronically between BAYTII Gayrimenkul İnşaat ve Genel Ticaret Limited Şirketi (hereinafter referred to as BAYTII) residing in Cumhuriyet Mahallesi Nazım Hikmet Blv. Concepta Plaza Apt. No91/1/39 Esenyurt/Istanbul and the Member who approves the terms and conditions in the BAYTII.com Portal and its annexes, which are an integral part of this Membership Agreement, in order to open an account on the BAYTII.com Portal.

2. Definitions

“Portal”: The website and/or mobile applications where BAYTII offers its services, consisting of the domain name www.BAYTII.com and the sub-domains connected to this domain name.  “Visitor”: Every natural or legal person accessing the portal.  “Individual Member” (“Member”): A Visitor who creates an account on the Portal and benefits from the services offered within the Portal without any professional or commercial purpose, within the specified conditions.  “Membership Agreement”: An electronic agreement, which consists of the terms and conditions and Annexes in the Portal, concluded in the electronic environment as a result of the Visitor’s electronic confirmation that he understands and accepts the Membership Agreement, and which is an integral part of the annexes and the terms and rules in the Portal.  “BAYTII Services” (“Services”): Applications offered by BAYTII in order to enable the Member to perform the works and transactions defined in this agreement within the Portal. BAYTII can make changes and/or adaptations to its Services offered in the Portal at any time without prior notice. The rules and conditions that the Member is obliged to comply with regarding the changes and/or adaptations made are announced to the Member on the Portal, and the announced terms and conditions come into force on the date they are published on the Portal.  “Content”: All kinds of accessible information, texts, files, pictures, videos, numbers, etc. visual, written and auditory images published on the Portal.  "BAYTII Interface": Used by Visitors for the purpose of viewing the content created by BAYTII and the Member and querying it from the BAYTII Database; These are the web pages and mobile application pages that give commands to the computer program to carry out all kinds of transactions that can be done on the Portal, within the designs protected under the Law on Intellectual and Artistic Works No. 5846 and whose intellectual rights belong to BAYTII.  “BAYTII Database”: It is the database protected in accordance with the Law No. 5846 on Intellectual and Artistic Works belonging to BAYTII where the contents accessed within the Portal are stored, classified, queried and accessed.  “For Me” page: A Member-specific page that can be accessed only with the username and password specified by the Member, where the Member can perform the necessary actions in order to benefit from the various applications and Services on the Portal, enter his personal information, preferences, information requested by him on the basis of the application.  “Personal Data”: In accordance with Article 3/d of the Law No. 6698 on the Protection of Personal Data (KVKK), all kinds of information regarding an identified or identifiable natural person and special quality personal data listed in Article 6/1 of the KVKK.  “Special quality personal data”: Data about the race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, disguise and dress, membership to associations, foundations or trade unions, health, sexual life, criminal convictions and security measures. and biometric and genetic data are personal data of special nature.

3. Subject and Scope of the Membership Agreement

The subject of this Individual Membership Agreement is the determination of the Services offered on the Portal, the terms of benefiting from these Services and the rights and obligations of the Parties. Membership Agreement and its annexes and all warnings, notifications, applications and explanations made by BAYTII regarding the usage, account and Services in the Portal are within the scope. By accepting the provisions of this Membership Agreement, the Visitor accepts and undertakes to act in accordance with any statement made by BAYTII regarding the use, membership and Services in the Portal.

4. Account Terms

4.1. In order to become a member of the Portal, it is necessary to be of age and not be temporarily suspended, suspended or banned from membership by BAYTII within the scope of this Membership Agreement.  4.2 BAYTII may unilaterally terminate this Individual Membership Agreement, close or temporarily suspend the Member's account, at any time without giving any reason, without notice, without compensation, penalty or any other similar liability. Cases of violation of the rules specified in the Portal, cases where the Individual Member poses a risk to the BAYTII information security system are some the cases for the closure of the Member's account or the temporary suspension of the account.

5. Rights and Obligations of the Parties

• 5.1 Member's Rights and Obligations

  • 5.1.1 The Member accepts and undertakes that he/she will act in accordance with the rules, statements, all applicable legislation and ethical rules specified in the Portal, and that he/she understands and approves the provisions of the Individual Membership Agreement and all the terms and rules in the Portal.
  • 5.1.2 The Member accepts and undertakes that in cases where BAYTII is obliged to make a statement to the official authorities in accordance with the provisions of the current legislation, BAYTII is authorized to disclose the confidential/private/personal data-private personal data/commercial information of the Member to the official authorities and therefore, he/she will not demand compensation from BAYTII under any name.
  • 5.1.3 It is the Member's sole responsibility to ensure the security of the Username and password they use when logging into their BAYTII Membership Account, to ensure that they are used exclusively and individually by themselves, not to share with third parties and to keep them from third parties. The Member is responsible for any material and/or moral damages that other Members and/or BAYTII and/or third parties have suffered or may suffer due to their negligence or faults in this regard.
  • 5.1.4 The Member accepts and undertakes that the information and content provided by him within the Portal are correct and in compliance with the law, that the publication of such information and content on the Portal or the sale and display of immovables related to these contents do not create any illegality in accordance with the current legislation. BAYTII is not liable and responsible for investigating the accuracy of the information and content transmitted by the Member to BAYTII or uploaded by the Member through the Portal, and cannot be held responsible for any damages that may arise due to the inaccuracy or publication of such information and content.
  • 5.1.5 The Member cannot transfer this Membership Agreement or its rights and obligations under this Membership Agreement to any third party, in whole or partially, without the written approval of BAYTII.
  • 5.1.6 The Member may perform transactions on the Portal for lawful purposes. The Member shall be legally and criminally liable for every transaction and action taken by the Member within the Portal.  The Member accepts and undertakes that he/she will not reproduce, copy, distribute, process the pictures, texts, visual and audio images, video clips, files, databases, catalogs and lists contained in the Portal that may infringe the real or personal rights, assets, personal data of BAYTII and/or another third party, will not transfer it to another database or upload it to the Portal in a way that may have consequences of this nature, will not create advertisements, will not engage in any commercial activity by performing such actions, and accepts and undertakes that it will not engage in behaviors and transactions that constitute unfair competition directly and / or indirectly, either directly and / or indirectly through these actions or in other ways.   BAYTII shall not be held directly and/or indirectly liable in any way whatsoever for any damages incurred or to be incurred by third parties due to the activities on the Portal carried out by the Individual Member in violation of the provisions of this Membership Agreement and the law.
  • 5.1.7. BAYTII allows the Member to view the advertisements and use the BAYTII Interface only for the purpose of learning the contents of the relevant advertisements, and for any other purpose other than this, trying to access a certain number or all of the advertisements through the database, copying the advertisements partially or completely, BAYTII does not allow or consent to similar acts, including direct or indirect publication, compilation, processing, transfer to other databases, making them available for access and use by third parties from this database, and providing links to the advertisements on BAYTII. Such acts are unlawful and BAYTII reserves its rights to demand, sue and follow-up.
  • 5.1.8. The Member accepts and undertakes that BAYTII does not have any responsibility for defects in the immovables purchased or rented from third parties, that the addressee of all kinds of claims and responsibilities within the scope of the Law on the Protection of the Consumer and other relevant legislation belongs to the seller of the relevant goods and services and that it releases BAYTII from all kinds of responsibilities and obligations in relation to them.
  • 5.1.9. If the Member realizes that the information provided after the account creation process is completed is incorrect or incomplete or if he/she wants to change it later, he/she can make the necessary corrections from the "Account" section after logging into the Portal or contact customer service and request the relevant correction to be made.
  • 5.1.10. The Member is strictly prohibited from the following actions: Taking actions that may threaten the security of the Portal or BAYTII systems and/or harm other Visitors, taking any action that may prevent the Portal and other software belonging to the Portal from working or other Visitors from benefiting from the Portal, disproportionate load, unauthorized access to the source codes of the Portal or BAYTII systems, copying, deleting, changing or attempting to use this information, using or trying to use software that will prevent the Portal from working, or the operation of all kinds of software, hardware and servers. disrupting, disrupting, reverse engineering, arranging attacks, occupying or otherwise interfering with them, trying to access BAYTII servers.
  • 5.1.11. The member can delete his/her BAYTII membership from the My Account menu.   If there is an incomplete "Short-term rental" transaction, the membership shall not be cancelled.  Deactivation of the BAYTII account is the first step in the permanent deletion of the account. Deactivation is a 30-day process. If the Member does not access his/her account within 30 days after deactivation, his/her account will be deleted. During the 30-day deactivation period, if the Member logs in to their account, the account will be easily reactivated.   Deactivating the BAYTII account means that the Member's username and public profile cannot be displayed on BAYTII.com, BAYTII for iOS or BAYTII for Android. Deleting the BAYTII account does not mean that the information will also be deleted from Google, Bing and similar search engines. BAYTII may retain some information about the deactivated account to ensure the security of its platform and BAYTII Visitors.  When the BAYTII account is deactivated, your username will still appear in other people's advertisements. However, since your profile no longer exists, it does not provide a link to your profile.

• 5.2. BAYTII’s Rights and Obligations

  • 5.2.1. BAYTII accepts, declares and undertakes to perform all services mentioned in this Membership Agreement within the scope of the explanations specified in the BAYTII Account regarding the provision of the relevant services and the conditions specified in this Membership Agreement, and to establish and operate the technological infrastructure necessary for the provision of the services specified in this Membership Agreement. The obligation to establish the technological infrastructure specified in this article does not mean an unlimited and complete service commitment; BAYTII may stop or terminate its services and technological infrastructure specified in this Membership Agreement at any time without any notice.

  • 5.2.2. BAYTII reserves the right to change the services and contents offered on the Portal at any time and to close the information and contents uploaded by the Member to the system to the access of third parties, including Portal Visitors, and to delete them. BAYTII may exercise this right without any notice or prior notice. BAYTII reserves the right to make changes and/or adaptations regarding the Services at any time. The terms and conditions and the terms and conditions announced and the terms and conditions that the Member is obliged to comply with regarding the changes and/or adaptations shall enter into force as soon as they are announced on the Portal. Members are obliged to fulfill the changes and/or corrections requested by BAYTII immediately. BAYTII may make changes and/or corrections if deemed necessary. Any damages, legal and criminal liabilities arising or that may arise due to the Member's failure to fulfill the amendments and/or corrections requested by BAYTII in a timely manner shall be the sole responsibility of the Member.

  • 5.2.3. The Portal may provide links to other websites and/or portals, files or content owned and operated by sellers, providers and other third parties that are not under BAYTII's control. These links may be provided by the Member or by BAYTII for reference only. However, they do not constitute any kind of verification statement or guarantee in order to support the website or the operator of the website to which the link is directed or for the website or the information it contains. BAYTII is not responsible for the portals, websites, files and contents accessed through the links on the Portal, the services or products offered by the portals or websites accessed through these links or their contents.

  • 5.2.4. BAYTII may remove messages, advertisements, comments or content that are contrary to the functioning of the Portal, the law, legislation, the rights of others, the terms of the Membership Agreement, the protection of personal data, the general rules of morality, at any time and in any manner, and may terminate the account of the Member who entered such messages and content without any notification. In the event that BAYTII is notified with the claim that the rights of any person or institution are violated in relation to the messages, comments and/or advertisements shared by the Member through the Portal, BAYTII may remove the relevant advertisement from publication and terminate the account of the Member who entered the content without any notification. BAYTII may impose additional obligations on the Member depending on the changes in the legislation, and such obligations shall enter into force on the date of publication on the Portal.

  • 5.2.5. BAYTII, BAYTII employees and managers are not obliged to investigate and check whether the content provided by Members and Visitors on the Portal is in compliance with the law, its authenticity and accuracy.

  • 5.2.6. BAYTII operates as a Hosting Provider within the scope of the Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through Such Publications. BAYTII does not guarantee that certain results will be produced by BAYTII as a result of the performance of the Agreement. BAYTII does not make any representations and warranties in connection with the use of the Portal, including but not limited to the infringement of intellectual property rights and the accuracy of the contents of the advertisements. BAYTII also assumes no responsibility for the late provision, interruption or interruption of services under the Membership Agreement for any reason whatsoever, including but not limited to maintenance, repair work, technical failures.

  • 5.2.7. BAYTII provides the Portal and Services "As It Is" and does not claim or undertake that the Portal and Services are error-free, flawless, uninterrupted, perfect or that they will meet the specific needs of the Commercial Member. BAYTII may make all kinds of changes, updates and similar works on the Portal and as long as the Commercial Member continues to use the Portal and Services, he/she is deemed to have accepted the Portal and Services as he/she uses them ("As It Is"). BAYTII is not liable for any direct or indirect damages, all kinds of material, moral and financial damages such as loss of profit, loss of data, loss of business, loss of reputation, loss of expected savings, interruption of business, and any compensation claims that may be made by the Individual Member or a third party, for the context as follows:  (i) the Individual Member's use, non-use, misuse of the Portal and Services or the Commercial Member's failure to fulfill the commitments and obligations specified in the Commercial Membership Agreement;  (ii) all hardware, system software/other software and network related function and failures arising therefrom;  (iii) communication network, internet connection, connection errors;  (iv) any errors and malfunctions that may occur as a result of any changes, updates and similar works to be carried out on the Portal;    (v) voltage fluctuations, battery and power failures, virus infection and similar factors;  (vi) operating system incompatibilities;  (vii) the occurrence of incompatibilities or errors that prevent the Commercial Member from using the Portal, including but not limited to the foregoing.

  • 5.2.8 If it is determined that the information provided during the Member's application is not sufficient, accurate or up to date or is misleading and malicious, if the application of the account applicant has already been rejected, if complaints or negative comments are received about the Member during the continuation of the account and for similar reasons, BAYTII may terminate this Agreement and close the Member's account without any notice and without any compensation obligation. Before closing the Account, BAYTII may take such measures as BAYTII deems appropriate to enable the necessary examinations to be carried out by BAYTII officials. Following the closure or temporary suspension of the Account or termination of the Membership Agreement for any reason whatsoever, BAYTII shall have the right and authority, at its sole discretion, to decide exclusively on the fate of the content or other posts shared by the Member on the Portal.

6. Privacy Policy

6.1 BAYTII may use information about the Member on the Portal within the scope of this Membership Agreement and the Privacy Policy annex, which is one of the annexes and an integral part of this Membership Agreement. BAYTII may disclose or use confidential information of the Member to third parties only under the conditions specified in the Privacy Policy. The Member declares, accepts and undertakes to log in to his/her account in cases where he/she acts in the capacity of the Buyer in order to exchange messages between the Seller and the Buyer regarding the advertisement and to share his/her phone number with the Seller as the Buyer.  6.2. AYTİİ may use information such as name-surname, telephone number, e-mail address requested at the stage of becoming a Member outside the purpose and scope specified in the Membership Agreement; subject to the conditions stipulated in the legislation in force and by obtaining additional approvals and explicit consents when necessary, by SMS, e-mail, in-site notifications and similar methods, for promotional and informative communication activities, research, marketing activities and statistical analysis or to contact the Member when necessary. Again, subject to the conditions stipulated in the legislation in force and by obtaining additional approvals and explicit consents when necessary, personal data may also be transferred to, processed and used by companies with which BAYTII cooperates in order to conduct research, create a database and conduct market research to improve BAYTII.com's processes.  6.3. The data of the member, which may constitute personal data and which are entered into the Portal by the member, are collected and processed by BAYTII within the scope of the Membership Agreement; for the use of the functions of the Portal, the provision of services and content and for the purposes listed above. For detailed information on the Protection of Personal Data, please visit Annex 9 on Protection of Personal Data. BAYTII may make changes to the Personal Data Protection Policy and other personal data related policies, procedures, agreementual clauses and terms of use at any time. Amendments enter into force as soon as they are published on the Portal. The Member is obliged to follow these changes and cannot make any claim or claim for damages from BAYTII regarding these changes.  6.4. The Member accepts, declares and undertakes that he/she is obliged to use the information he/she accesses within the Portal in accordance with the purposes disclosed by the Member disclosing such information or BAYTII and that he/she is responsible for the protection, processing and transfer of the Personal Data belonging to the visitors or third parties he/she obtains and for all obligations under the LPPD and that BAYTII does not have any obligation and responsibility under the LPPD for any personal data other than the personal data that BAYTII collects in its own systems as mandatory for the use of the website. The Member accepts, declares and undertakes that in the event that he/she acts contrary to the obligation to protect personal data or processes, transfers or otherwise makes personal data subject to processing and that this use constitutes a violation, and in the event that BAYTII suffers a loss as a result of the decisions of the Personal Data Protection Board or administrative authorities or courts regarding personal data, he/she agrees, declares and undertakes to compensate this loss in cash and in lump sum at the first request.  6.5. In case the Member is a real person resident of the European Union, the Law No. 6698 on the Protection of Personal Data and its secondary regulations and the decisions and regulations of the Personal Data Protection Board will be applied in relation to his/her personal data, and Turkish domestic law will be applied in all legal problems that may arise, regardless of the conflict of laws rules, It accepts, declares and undertakes that the European Union Directive 95/46/EC and the General Data Protection Regulation (GDPR), which entered into force in the European Union in May 2018, will not be applied and waives the application of the conflict of laws rules of the Turkish Law on Private International Law and Procedural Law.  6.6. The Member agrees that BAYTII has no involvement or contribution to the recording and processing of his/her personal data, which has become public due to his/her BAYTII account and/or the advertisements published by him/her, by Google or other search engines or similar data indexing systems, and that BAYTII has no responsibility for the processing or transfer of his/her personal data in any form or manner in systems configured for searching by indexing or other methods, accepts, declares and undertakes to direct the application requests to be made as the data owner to the data controller real and/or legal persons operating other search engines or search systems, indexing systems, especially Google, which has the title of data controller in the processes related to indexing.  6.7. The Member accepts, declares and undertakes that if he/she publishes his/her sensitive personal data on the BAYTII Portal while placing an advertisement or for any other reason, he/she acknowledges, declares and undertakes that he/she knows that his/her sensitive personal data has become public in this way and that his/her sensitive personal data may be used, transferred and processed by BAYTII depending on the purpose of publicization and that such processing activities will not constitute a violation of the law.

7. Intellectual Property Rights

7.1. The information accessed within the Portal or provided by Visitors in accordance with the law and all elements of this Portal (including but not limited to the BAYTII Database, BAYTII Interface, design, text, images, html code and other codes) (collectively referred to as BAYTII's copyrighted works) belong to BAYTII and/or are licensed by BAYTII from a third party. The Member shall not be entitled to sell, process, share, distribute, display or allow anyone else to access or use BAYTII's services, BAYTII information and BAYTII's intellectual property and copyrighted works. Except as expressly permitted by BAYTII under these Portal Terms of Use, BAYTII may not reproduce, process, distribute or make derivative works of BAYTII's copyrighted works. By entering into this Membership Agreement, BAYTII grants the Member a non-exclusive and non-transferable right of use (non-exclusive license) for the limited use of the Portal within the terms of the Membership Agreement and for the purpose of utilizing the Services.

8. Amendments to the Membership Agreement

8.1 BAYTII may, at its sole discretion and unilaterally, amend this Membership Agreement by publishing it on the Portal at any time it deems appropriate. The amended provisions of this Membership Agreement shall become effective and enter into force on the date of its publication on the Portal, and the remaining provisions shall remain in full force and effect and shall continue to give rise to their provisions and consequences. This Membership Agreement cannot be changed by unilateral declarations of the Member.9. Mücbir Sebepler

9. Applicable Law and Jurisdiction

9.1 In the implementation and interpretation of this Membership Agreement and in the management of legal relations arising under this Membership Agreement, Turkish Domestic Law shall apply directly, except for the Turkish conflict of laws rules in the event of a foreign element. Istanbul Central (Çağlayan) Courts and Enforcement Offices are authorized to settle any disputes arising or arising out of this Membership Agreement.

10. Enforcement

10.1 This Membership Agreement and the annexes referred to in the Membership Agreement and which are an integral part of the Membership Agreement and the rules and conditions contained in the Portal have been concluded and entered into force electronically with the Member's electronic approval. The invalidity, contradiction to the legislation or non-applicability of any provision of the Membership Agreement shall not affect the validity of the remaining provisions of the agreement.

11. Annexes to the Membership Agreement

11.1 The Individual Member declares and undertakes that he / she has read and understood the contents of this Membership Agreement and all annexes that are an integral part of the Membership Agreement, as well as the terms and rules published on the Portal, and unconditionally and unconditionally accepts that he / she will act in accordance with the Membership Agreement and its annexes and all terms and rules published on the Portal as a Member.

Annexes URLS Annex-1 Portal Terms of Use, Annex 2 - BAYTII Services, Annex-3 Services Category Usage Rules, Annex 4 - Advertisement Rules and Prohibited Products, Annex-5 - Change in Member Profile, Annex 6 - Privacy Policy, Annex 7-Cookie Policy, Annex 8- Protection of Personal Data, Annex 9- Card Security Clarification Text.