Annex-1 Portal Terms of Use 


Please read the following terms and conditions in order to use the website named (“BAYTII” and "Portal").    By visiting the BAYTII website and/or using mobile applications (the website and / or mobile applications will hereinafter be referred to as the Portal) and / or as a Member, you accept, declare and undertake that you have read these Terms of Use, that you fully understand its content, that you unconditionally and unconditionally accept all the matters specified in the Terms of Use and in the Portal and that you will not raise any objections and defenses regarding all matters specified in the Portal. If you do not accept these conditions, please stop using the Portal.  1.1. The owner of the Portal is Cumhuriyet Mahallesi Nazım Hikmet Blv. Concepta Plaza Apt. No:91/1/39 Esenyurt/Istanbul, is BAYTİİ GAYRİMENKUL İNŞAAT VE GENEL TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as BAYTİİ). The services offered on the Portal and specified in Article 3 of these Terms of Use are provided by BAYTİİ.  1.2. BAYTİİ may change these Terms of Use and any information and Content on the Portal at any time without any notice or notification to the Visitor or Member. These changes shall be periodically published on "www.BAYTİİ.com" and shall be effective on the date of publication. Any natural or legal person who makes use of the Portal services by paying a certain fee or free of charge or who accesses the Portal in any way is deemed to have accepted the Terms of Use and any changes made by BAYTİİ to these Terms of Use. These Terms of Use have been published on the website www.BAYTİİ.com and made accessible to any natural or legal person using the Portal.

2. Definitions 

“Portal”: The website and/or mobile applications where BAYTII offers its services, consisting of the domain name and the sub-domains connected to this domain name.  “Visitor”: Every natural or legal person accessing the portal.  “Member”: Individual or Commercial Member who creates an account on the Portal and benefits from the services offered within the Portal within the conditions specified.

“BAYTII Services” (“Services”): Applications offered by BAYTII in order to enable the Member to perform the works and transactions defined in this contract within the Portal. BAYTII can make changes and/or adaptations to its Services offered in the Portal at any time. 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.


3.1. BAYTİİ ensures that the contents uploaded by the Member to the BAYTİİ Database can be viewed by the Visitors through the "BAYTİİ Database" by using interfaces.  3.2. BAYTİİ provides various types of listing services within the Portal that prioritize the display of advertisements in order to enable Visitors to access the Member's advertisements more easily.  3.3. BAYTİİ provides reporting services under various categories regarding the number of transactions and views performed within the Portal.  3.4. BAYTİİ reserves the right to add new services to the services provided within the Portal, to change the scope and conditions of provision of the existing services and the Content accessed within the Portal at any time, to close access to third parties and to delete them. BAYTİİ may exercise this right as it wishes without any notice or prior notice.


4.1. Visitors may perform transactions on the Portal for lawful purposes. All legal and criminal liability for every transaction and action taken by the Visitors within the Portal shall be their own, and the Visitor accepts, declares and undertakes that BAYTİİ shall not have any responsibility for such legal and criminal liabilities.  4.2. The Portal operates on the basis of viewing the Content uploaded by the Member to the BAYTİİ Database. BAYTİİ does not under any circumstances guarantee the accuracy, authenticity, security and legality of the advertisements and Content viewed by the Visitors. The Visitors hereby accept and declare that BAYTİİ shall not be liable for any damages that may arise and that BAYTİİ shall not have any indemnification obligation, legal and criminal liability for any damages that may arise.  4.3. The Visitor agrees and undertakes that he/she will not reproduce, copy, distribute, process or process any pictures, texts, visual and audio images, video clips, files, databases, catalogs and lists contained in the Portal, and that he/she will not engage in any commercial activity by performing such actions; and that he/she will not directly and/or indirectly engage in behaviors and transactions that constitute unfair competition.  4.4. Visitors accept and undertake that they will not engage in activities within the Portal that will lead to unfair competition in accordance with the provisions of the Turkish Commercial Code, that they will not perform acts that will undermine the personal and commercial reputation of BAYTİİ and third parties, that they will not violate or attack personal rights, that they will act in accordance with the legislation, public order and general moral rules, that they will take the measures and fulfill the procedures required by the legislation, and that they will not engage in attitudes and behaviors that are illegal, criminal, disturbing, damaging personal rights, infringing intellectual rights, copyrights, trademark rights and property rights.  4.5. Visitors are obliged to use the information they access within the Portal only for the purpose of BAYTİİ and to view it for non-commercial purposes. The contact information in the advertisements entered by the Member placing the advertisement may be used for the purpose of communicating to obtain information about the advertisement. Personal data and/or special categories of personal data belonging to the advertiser or third parties under the protection of the Law No. 6698 on the Protection of Personal Data, which may be included in the advertisement, cannot be used for any other purpose, copied, published directly or indirectly in other media, processed, distributed, transferred to other databases and made available to third parties for access and use.  4.6. BAYTİİ has a hosting provider number by registering to the Hosting Provider List of the Information and Communication Technologies and Communications Authority pursuant to the Law No. 5651.  Pursuant to Law No. 5651 and the relevant legislation, in order to comply with the obligations imposed on hosting providers, BAYTİİ records and stores the records specified in the relevant legislation regarding the transactions carried out by visitors on the Portal within the legal period. BAYTİİ accepts and undertakes to share the information, documents, etc. requested by the relevant institutions and organizations and/or courts, prosecution offices and judicial authorities within the scope of the provisions of the legislation.  4.7. BAYTİİ may use, process, share, disclose, classify and store Visitor information on a database, use it for promotional and informative communication activities, marketing activities and statistical analysis. BAYTİİ may also use information such as the Visitor's IP address, which parts of the Portal the Visitor visits, domain type, browser type, date and time for purposes such as statistical evaluation and providing personalized services and offers. BAYTİİ may transfer Visitor information to companies with which it cooperates in order to conduct research to improve BAYTİİ processes, to create a database and to conduct market research, and Visitor information may be processed by these companies limited to the purposes listed above.  4.8. BAYTİİ has the right to associate the Visitor's behavior on the site with a cookie in the browser for the purpose of online behavioral advertising and marketing and to define remarketing lists based on metrics such as the number of pages viewed, the duration of the visit and the number of target completions, to use marketing automation tools and to send special messages/offers and suggestions to the Visitor. It may then display targeted advertising content to that Visitor on the Site or on other sites in the Display Network based on the Visitor's interests. In addition, Google may place cookies on the browser of Google Visitors or read the cookies contained therein or use web beacons to collect information during the routing of AFS advertisements to BAYTİİ.  4.9. It is lawful for third parties to access the database in which the content accessed and/or viewed through the Portal is stored only for the purpose of viewing the relevant content and/or within the framework of BAYTİİ's Terms of Use. Any other access is unlawful and BAYTİİ reserves all kinds of claims, lawsuits and follow-up rights.  4.10. BAYTİİ allows viewing the contents of the advertisements for learning purposes and using the BAYTİİ Interface, and any attempt to access a certain number or all of the advertisements through the database for any purpose other than this, partial or complete copying of the advertisements, customer information, designs, codes and software, information contained in the database, BAYTİİ does not allow or consent to similar acts, including direct or indirect publication, compilation, processing, modification, transfer to other databases, making them available for access and use by third parties from this database, linking to the advertisements on BAYTİİ. Such acts are unlawful and BAYTİİ reserves its rights to claim, sue and follow-up.  4.11. Using the whole or any part of the Portal for the purpose of corrupting, modifying, reverse engineering, attempting to break API protocols by reverse engineering or any other method, and using API key, API secret key, request headers, unauthorized access to parameters such as client verification algorithm or unauthorized sharing of these parameters with third parties, attempts to access the Site in a way that prevents, disrupts or interferes with the communication or technical systems of the Portal, automatic programs, robots, spiders, web crawlers, data mining, data crawling, etc. on the Site. "screen scraping" software or systems, automatic tools or manual processes, unauthorized access to other Visitors' data or software, running bots as a result of determinations to be made according to various criteria, DDOS attacks and all other kinds of systems to disrupt, change, reduce or destroy the current performance of all or part of the systems and all other kinds of system attacks and other unlawful uses, such uses will be blocked at the discretion of BAYTİİ. Even in the absence of such uses, BAYTİİ may, if deemed necessary, only allow the use of the Portal after the Member has logged in with his/her username and password. The use of the Site and the content on the Portal outside the limits of use set forth in the Terms of Use is unlawful and BAYTİİ reserves all kinds of claims, lawsuits and follow-up rights. BAYTİİ reserves the right to report the Visitor to the competent authorities in the event of any use contrary to these Terms of Use and the law. The Visitor accepts that he/she is personally liable for any damages and claims arising from such use.  4.12. The Visitor accepts and undertakes that BAYTİİ cannot be held responsible for any direct and indirect damages that may occur in case of interruption of the service provided on the portal, disruptions, delays, failures in the transmission of information, loss of data.


5.1 The information accessed or lawfully provided by visitors within this Portal and all elements of this Portal (including but not limited to the BAYTİİ Database, BAYTİİ Interface, design, text, images, html code and other code) (collectively referred to as "BAYTİİ's copyrighted works") are owned by BAYTİİ and/or licensed by BAYTİİ from a third party. Visitors are not entitled to resell, process, copy, share, distribute, distribute, display or allow anyone else to access or use BAYTİİ's services, BAYTİİ information and BAYTİİ's copyrighted works. Except as expressly permitted by BAYTİİ under these BAYTİİ Terms of Use, BAYTİİ may not reproduce, process, distribute or create derivative works of BAYTİİ's copyrighted works.  5.2 Unless expressly authorized by BAYTİİ under these Terms of Use, BAYTİİ reserves all rights to BAYTİİ services, BAYTİİ information, BAYTİİ copyrighted works, BAYTİİ trademarks, BAYTİİ commercial appearance or other assets and information provided through this website.


6.1 BAYTİİ may, at any time and unilaterally, change these Terms of Use by posting them on the Portal. The amended provisions of these Terms of Use shall enter into force on the date of their announcement. These Terms of Use cannot be changed by unilateral declarations of the Visitors.


7.1 BAYTİİ shall not be liable for any compensation in case of late performance, incomplete performance or non-performance in all cases deemed to be legally force majeure. Force majeure shall be interpreted as events that are beyond the reasonable control of the relevant party and that BAYTİİ cannot prevent despite due diligence, including but not limited to natural disasters, war, fire, strike, riot, insurrection, rebellion, bad weather conditions, infrastructure and internet failures, improvement or renewal works related to the system, epidemics and all kinds of failures that may occur due to similar reasons, power outages are force majeure events.


8.1 In the application, interpretation and management of legal relations arising under these Terms of Use, Turkish Law shall apply, except for Turkish conflict of laws rules in case there is a foreign element. Istanbul Central (Çağlayan) Courts and Enforcement Offices are authorized to settle any disputes arising or that may arise from these Terms of Use.


9.1 These Terms of Use shall enter into force on the date of publication by BAYTİİ on the Portal. Visitors accept these Terms of Use and any changes made over time by using the Portal.