Individual Account Agreement

1. Parties

This Individual Account Agreement (hereinafter referred to as the "Account Agreement") is entered into electronically between Cagatay Guley, trading as ORE2B (ABN: 88 657 525 734) (hereinafter referred to as "ORE2B") and the "Account Holder" who accepts this Account Agreement along with its integral annexes and the terms and conditions specified on the ore2b.com Portal, by giving approval for opening an account on the <www.ore2b.com> Portal.

2. Definitions

"Portal": The website consisting of the domain name www.ore2b.com and sub-domains linked to this domain name, and/or mobile applications through which "ORE2B" provides its services.

"User": Any natural or legal person who accesses the "Portal".

"Account Holder": A "User" who has opened an account on the "Portal" and benefits from the services offered within the "Portal" under the conditions specified in this agreement.

"Individual Account Holder": A "User" who creates an account on the "Portal" and benefits from the services offered within the "Portal" under specified conditions without pursuing professional or commercial purposes.

"Individual Account" ("Account"): The status acquired through notification by "ORE2B" upon complete and accurate completion of the Individual Account Form on the "Portal" by a "User" wishing to create an "Individual Account" with correct and genuine information. Account holder status cannot be acquired before account processes are completed. The rights and obligations of an "Individual Account Holder" are rights and obligations belonging to the applicant that cannot be transferred partially or completely to any third party. Account creation applications may be rejected by "ORE2B" without stating any reason, or additional terms and conditions may be requested. "ORE2B" may close the "Individual Account Holder's" account if deemed necessary and may not accept account opening requests from those whose accounts have been closed for any reason.

"Account Agreement": An electronic agreement consisting of the terms and conditions on the "Portal" and its annexes, which is concluded electronically as a result of the user's electronic approval indicating that they have read and accepted the "Account Agreement", and which forms a whole together with its integral annexes and the terms and rules specified on the "Portal".

"ORE2B Account": The collection of "Account Holder"-specific web pages through which the "Account Holder" performs the necessary operations to benefit from the services offered within the "Portal", makes requests to "ORE2B" regarding "Account"-related matters, updates "Account information", and views reports related to the services provided, accessed through the "Portal" with a "username" and "password" determined by themselves and committed to be used exclusively by themselves.

"ORE2B Services" ("Services"): Applications provided by "ORE2B" to enable "Account Holders" to perform the transactions defined in this "Account Agreement" within the "Portal". "ORE2B" may make changes and/or adaptations to the "Services" offered within the "Portal" at any time. The rules and conditions that the "Account Holder" must comply with regarding the changes and/or adaptations made are announced to the "Account Holder" from the "Portal", and the announced terms and conditions become effective on the date they are published on the "Portal".

"Content": All types of information, text, files, images, videos, numbers, etc., visual, textual, and auditory images published and accessible on the "Portal".

"ORE2B Interface": Web pages and mobile application screens/pages that give commands to computer programs for performing all kinds of transactions that can be carried out through the "Portal" within designs in accordance with the Australian Privacy Act 1988 and, where applicable, the EU General Data Protection Regulation (GDPR) and whose intellectual rights belong to "ORE2B", used by "Users" for viewing content created by ORE2B and "Account Holders" and for querying from the "ORE2B Database".

"ORE2B Database": The database belonging to "ORE2B" protected under Law No. 5846 on Intellectual and Artistic Works, where content accessed within the "Portal" is stored, classified, can be queried, and accessed.

"My Account" page: The "Account Holder"-specific page where the "Account Holder" can perform necessary operations to benefit from various applications and "Services" on the "Portal", enter personal information, preferences, and application-specific required information, accessible only with the username and password determined by the "Account Holder".

"Personal Data": In accordance with Article 3/d of the Law No. 6698 on Protection of Personal Data (KVKK), all kinds of information related to identified or identifiable natural persons and special categories of personal data listed in KVKK Article 6/1.

"Special categories of personal data": Data related to people's race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, appearance and dress, association, foundation or union membership, health, sexual life, criminal conviction and security measures, as well as biometric and genetic data.

3. Subject and Scope of the "Account Agreement"

The subject of this "Account Agreement" is to determine the "Services" offered on the "Portal", the conditions for benefiting from these "Services", and the rights and obligations of the parties. The "Account Agreement" and its annexes, as well as all warnings, notifications, applications, and explanations made by "ORE2B" regarding usage, accounts, and "Services" within the "Portal" are within the scope. The "User" accepts and undertakes to act in accordance with all kinds of statements made by "ORE2B" regarding usage, becoming an account holder, and services within the "Portal" by accepting the provisions of this "Account Agreement".

4. Account Terms

4.1 To become an "Account Holder" on the "Portal", one must be of legal age and the account must not have been temporarily suspended or closed by "ORE2B" under this "Account Agreement".

4.2 "ORE2B" may unilaterally terminate this "Account Agreement" at any time without stating reasons, without notice, and without any obligation for compensation, penalty, etc., to take effect immediately, and may close or temporarily suspend the "Account Holder's" account. Cases of violation of the rules specified on the "Portal" and cases where the "Account Holder" poses a risk to "ORE2B's" information security system are among the cases for account closure or temporary suspension.

5. Rights and Obligations of the Parties

5.1 Rights and Obligations of the "Account Holder"

5.1.1 The "Account Holder" accepts and undertakes to act in accordance with the rules specified on the "Portal", statements, all current legislation, and moral rules, and that they understand and approve the provisions of the "Account Agreement" and all terms and rules on the "Portal".

5.1.2 The "Account Holder" accepts and undertakes that "ORE2B" is authorized to disclose confidential/private/personal data-special categories of personal data/commercial information belonging to the "Account Holder" to official authorities in cases where "ORE2B" is obliged to make explanations to official authorities in accordance with current legislation provisions, and therefore will not demand any compensation from "ORE2B" under any name. Apart from this, if any person or institution notifies "ORE2B" claiming that rights have been violated in relation to the listings given by the "Account Holder" on the "Portal" and notifies that they will resort to legal remedies, "ORE2B" may provide the name-surname information notified by the "Account Holder" to the relevant party.

5.1.3 It is the responsibility of the "Account Holder" to ensure the security of the "username" and "password" used when entering the "ORE2B Account", and the "username" and "password" must be used exclusively and individually by themselves and kept secret from third parties. The "Account Holder" is responsible for all material and/or moral damages that other "Account Holders" and/or "ORE2B" and/or third parties may suffer due to negligence or fault in this matter.

5.1.4 The "Account Holder" accepts and undertakes that the information and content provided by them within the "Portal" are accurate and lawful, and that the publication of such information and content on the "Portal" or the sale and display of products related to such content does not create any illegality under current legislation. "ORE2B" is not obliged and responsible for investigating the accuracy of information and content transmitted to "ORE2B" by the "Account Holder" or uploaded by the "Account Holder" through the "Portal", nor can it be held responsible for any damage arising from such information and content being incorrect or erroneous or from their publication.

5.1.5 The "Account Holder" cannot transfer this "Account Agreement" or the rights and obligations under this "Account Agreement" partially or completely to any third party without the written consent of "ORE2B".

5.1.6 The "Account Holder" may conduct transactions on the "Portal" for lawful purposes. The legal and criminal responsibility for every transaction and action performed by the "Account Holder" within the "Portal" belongs to them. The "Account Holder" accepts and undertakes not to reproduce, copy, distribute, process, transfer to another database, or upload to the "Portal" in a way that could produce such results, images, texts, visual and auditory images, video clips, files, databases, catalogs, and lists within the "Portal" that would constitute an attack on the property rights, personal rights, personal data, property, intellectual rights, copyright, trademark rights, and property rights of "ORE2B" and/or any other third party; not to engage in any commercial activity by performing such actions; not to perform behavior and transactions that constitute unfair competition directly and/or indirectly through these actions or other means. "ORE2B" cannot be held directly and/or indirectly responsible in any way for damages that third parties may suffer due to activities performed by the "Account Holder" on the "Portal" in violation of the provisions of this "Account Agreement" and the law.

5.1.7 "ORE2B" permits "Account Holders" to view listings only for the purpose of learning about the content of relevant listings and to use the "ORE2B Interface". Apart from this purpose, attempting to access a certain number of listings or all listings from the database, partially or completely copying listings, directly or indirectly publishing, compiling, processing, transferring them to other databases, making them accessible and usable by third parties from this database, including linking to listings on "ORE2B", is not permitted by "ORE2B" and no consent is given. Such acts are unlawful, and "ORE2B" reserves its rights of demand, lawsuit, and pursuit.

5.1.8 The "Account Holder" accepts and undertakes that "ORE2B" has no responsibility regarding defects in goods and services obtained from third parties, that the addressee of all kinds of demands and responsibilities within the scope of the Consumer Protection Law and related other legislation belongs to the seller of the relevant goods and services, and exempts "ORE2B" from all kinds of responsibilities and obligations related to these.

5.1.9 The "Account Holder" is obliged to notify "ORE2B" of new and current information without delay in case of changes in the information provided during account creation. If not notified, "ORE2B" reserves the right of recourse against the "Account Holder" for all direct and indirect damages that "ORE2B" will suffer.

5.1.10 It is strictly prohibited for the "Account Holder" to engage in actions that may threaten the security of the "Portal" or "ORE2B" systems and/or harm other users, to attempt to prevent the operation of the "Portal" and other software belonging to the "Portal" or other users' benefit from the "Portal", to impose a disproportionate load on the system or "Portal" in a way that will produce these results; to access the source codes of the "Portal" or "ORE2B" systems in an unauthorized manner, to copy, delete, modify this information or make attempts in this direction, to use software that will prevent the operation of the "Portal", to try to use it, or to disrupt the operation of all kinds of software, hardware, and servers, cause damage, reverse engineer, organize attacks, keep busy, or otherwise interfere with them, and to attempt to access "ORE2B" servers.

5.2 Rights and Obligations of "ORE2B"

5.2.1 "ORE2B" accepts, declares, and undertakes to fulfill the services mentioned in this "Account Agreement" within the explanations specified in the "ORE2B Account" related to the provision of relevant services and the conditions specified in this "Account Agreement", and to establish and operate the technological infrastructure necessary for providing the services specified under this "Account Agreement". The obligation to establish technological infrastructure specified in this article does not mean an unlimited and complete service commitment; "ORE2B" may stop or terminate the services determined by this "Account Agreement" and its technological infrastructure at any time without any notification.

5.2.2 "ORE2B" reserves the right to change the services and content offered on the "Portal" at any time; to close access to and delete information and content uploaded by the "Account Holder" to the system, including "Portal" users and third parties. "ORE2B" may use this right without any notification and without notice. "Account Holders" must promptly fulfill the changes and/or corrections requested by "ORE2B". If deemed necessary, "ORE2B" may make changes and/or corrections. All damages, legal and criminal responsibilities that arise or may arise due to the failure of users to timely fulfill the change and/or correction requests requested by "ORE2B" belong entirely to the users.

5.2.3 Through the "Portal", links may be provided to other websites and/or portals, files, or content owned and operated by "Sellers", providers, and other third parties. These links may be provided by the "Account Holder" or by "ORE2B" solely for reference convenience. However, they do not aim to support or verify or guarantee the website to which the link is directed, the person operating it, or the information it contains in any way. "ORE2B" has no responsibility for portals, websites, files, and content accessed through links on the "Portal", services or products offered from portals or websites accessed through these links, or their content.

5.2.4 "ORE2B" may remove messages and content that are contrary to the operation of the "Portal", law, legislation, others' rights, "Account Agreement" conditions, protection of personal data, and general moral rules from access at any time and in any way; "ORE2B" may terminate the account of the "Account Holder" who enters this message and content without any notification. "ORE2B" may impose additional obligations on the "Account Holder" due to changes in legislation, and such obligations become effective on the date they are published on the "Portal".

5.2.5 "ORE2B", its employees, and managers are not obliged to investigate and control whether the content provided by "Account Holders" and "Users" on the "Portal" is lawful, genuine, and accurate.

5.2.6 "ORE2B" operates as a "Hosting Provider" under Law No. 5651 on "Regulation of Publications Made in the Internet Environment and Combating Crimes Committed Through These Publications". "ORE2B" does not guarantee that certain results will be produced by itself as a result of the performance of the Agreement. "ORE2B" makes no representations and undertakings regarding the use of the "Portal", including but not limited to intellectual property rights violations and the accuracy of listing content. "ORE2B" also assumes no responsibility for late delivery, interruption, or provision of services under the Agreement for any reason, including but not limited to maintenance, repair work, technical malfunctions.

5.2.7 "ORE2B" provides the Portal and "Services" "As Is" and makes no claim or commitment that the "Portal" and "Services" are error-free, flawless, uninterrupted, perfect, or that they will meet the "Account Holder's" specific needs. "ORE2B" may make all kinds of changes, updates, and similar work on the "Portal", and as long as the "Account Holder" continues to use the Portal and "Services", they are deemed to have accepted the "Portal" and "Services" as they are used ("As Is"). "ORE2B" is not responsible for direct or indirect damages, all kinds of loss of profit, data loss, business loss, reputation loss, loss of expected savings, business interruption, and all kinds of material, moral, and financial damages, and compensation claims that may be made by the "Account Holder" or a third party in this context, arising from:

(i) the "Account Holder's" use, non-use, misuse of the "Portal" and "Services", or the "Account Holder's" failure to fulfill the commitments and obligations specified in the "Account Agreement";

(ii) all hardware, system software/other software, and network-related functions and malfunctions arising from this;

(iii) communication network, internet connection, connection errors;

(iv) errors and malfunctions that may occur as a result of all kinds of changes, updates, and similar work to be performed on the "Portal";

(v) voltage fluctuations, battery and power outages, virus infections, and similar factors;

(vi) operating system incompatibilities;

(vii) incompatibilities or errors that prevent the "Account Holder" from using the "Portal", not limited to those listed above.

5.2.8 In cases where the information provided during the "Account Holder's" application is insufficient, incorrect, or not current, or is determined to be misleading and malicious, where the applicant's application has been previously rejected, where complaints or negative comments about the "Account Holder" are received during the account continuation process, and for similar reasons; "ORE2B" may terminate this agreement and close the "Account Holder's" account without any notification and without any compensation obligation. "ORE2B" may apply appropriate measures for necessary investigations to be conducted by "ORE2B" officials before closing the account. Following the closure of the account, temporary suspension, or termination of the Agreement for any reason, "ORE2B" has the exclusive authority to decide on the fate of content or other shares that the "Account Holder" has shared through the Portal, at its own discretion.

6. Privacy Policy

6.1 "ORE2B" may use information about the "Account Holder" on the "Portal" within the scope of this "Account Agreement" and the Privacy Policy in Annex-2, which is one of the integral parts of this "Account Agreement". ORE2B may disclose or use confidential information belonging to the "Account Holder" to third parties only under the conditions specified in the Privacy Policy. The "Account Holder" declares, accepts, and undertakes to log in as a Buyer and to share their phone number with the Seller when acting as a Buyer in order to enable messaging between the Seller and Buyer regarding the listing.

6.2 "ORE2B" may use information such as name-surname, phone number, email address requested during the "Account Holder" phase outside the purpose and scope determined by the "Account Agreement"; subject to the conditions provided in current legislation and by obtaining additional approvals and explicit consents when necessary, through SMS, email, in-site notifications, and similar methods, for promotional and informational communication activities, research, marketing activities, and statistical analyses, or when necessary to contact the "Account Holder". Personal data may also be transferred to, processed, and used by companies that "ORE2B" cooperates with for conducting research to improve ore2b.com processes, creating databases, and conducting market research, subject to the conditions provided in current legislation and by obtaining additional approvals and explicit consents when necessary.

6.3 Data that may constitute personal data entered by the "Account Holder" into the Portal are collected and processed by "ORE2B" under the "Account Agreement" for the use of the "Portal's" functions, providing services and content, and for the purposes listed above. For detailed information about the Protection of Personal Data, the page https://www.ore2b.com/contracts/personal-data-protection-and-processing-information should be visited. "ORE2B" may make changes to its Personal Data Protection Policy and other policies, procedures, contract clauses, and terms of use related to personal data at any time. Changes take effect as soon as they are published on the "Portal". The "Account Holder" is obliged to follow these changes and cannot make any demands or damage claims from "ORE2B" regarding these changes.

6.4 The "Account Holder" is obliged to use the information accessed within the "Portal" in accordance with the purposes disclosed by the "Account Holder" who discloses this information or "ORE2B", and accepts, declares, and undertakes that they are responsible for the protection, processing, transfer of Personal Data belonging to Users or third parties that they obtain, and all obligations under KVKK, and that "ORE2B" has no obligation and responsibility under KVKK for any personal data other than personal data necessarily collected by "ORE2B" in its systems for the use of the website. The "Account Holder" accepts, declares, and undertakes that in case of acting contrary to the obligation to protect personal data or processing, transferring personal data, or otherwise making it subject to processing, and if this use creates a violation, as a result of decisions given by the Personal Data Protection Board or administrative authorities or courts regarding personal data, if "ORE2B" suffers damage, they will compensate this damage in cash and immediately upon first request.

6.5 The "Account Holder", if they are a resident of the European Union, acknowledges and agrees that the processing of their personal data will be carried out in accordance with the Australian Privacy Act 1988 and, where applicable, the EU General Data Protection Regulation (GDPR). In the event of a conflict, the provisions of the GDPR shall prevail for EU residents. Nothing in this Agreement shall be construed as limiting or waiving the rights of the Account Holder under applicable data protection laws.

6.6 The "Account Holder" accepts, declares, and undertakes that "ORE2B" has no involvement or contribution to the recording, processing, and displaying in search results of personal data that have become public due to the "ORE2B" account and/or published listings by Google or other search engines or similar systems that index data, and "ORE2B" has no responsibility for the processing or transfer of their personal data in any form in systems structured for indexing or other search methods, and they will direct their data subject application requests to data controllers who operate Google and other search engines or search systems, indexing systems, primarily Google, which has data controller status in indexing processes.

6.7 The "Account Holder" accepts, declares, and undertakes that they will not disclose their special categories of personal data while placing ads or using the "ORE2B" Portal, and if they do disclose, they know that "ORE2B" has no responsibility regarding the processing of this data.

7. Intellectual Property Rights

Information accessed within the "Portal" or lawfully provided by users and all elements of this "Portal" (including but not limited to "ORE2B Database", "ORE2B Interface", design, text, image, html code, and other codes) (all together referred to as "ORE2B's copyrighted works") belong to "ORE2B" and/or are licensed by "ORE2B" from a third party. "Account Holders" do not have the right to sell, process, share, distribute, display "ORE2B" services, "ORE2B" information, and "ORE2B's" copyrighted works, or allow others to access or use "ORE2B's" services. Except for situations explicitly permitted by "ORE2B" within these "Portal Terms of Use", they cannot reproduce, process, distribute "ORE2B's" copyrighted works or create derivative works from them. With the conclusion of this "Account Agreement", "ORE2B" establishes a non-exclusive and non-transferable right of use (simple license) to the "Account Holder" limited to the use of the "Portal" within the framework of "Account Agreement" conditions and for the purpose of benefiting from "Services".

8. "Account Agreement" Changes

"ORE2B" may change this "Account Agreement" at its sole discretion and unilaterally at any time it deems appropriate by publishing it on the "Portal". The changed provisions of this "Account Agreement" will become effective and enter into force on the date they are published on the "Portal", and the remaining provisions will continue to remain in force and continue to produce their effects. This "Account Agreement" cannot be changed by the "Account Holder's" unilateral statements.

9. Force Majeure

In all situations that are legally considered force majeure, "ORE2B" is not liable for late, incomplete performance, or non-performance of any of the obligations determined by this "Account Agreement". Such and similar situations will not be considered delay, incomplete performance, non-performance, or default for "ORE2B", and no compensation can be demanded from "ORE2B" under any name for these situations. The term force majeure will be interpreted as unavoidable events outside the reasonable control of the relevant party and that "ORE2B" cannot prevent despite showing due care, including but not limited to natural disasters, rebellion, war, strikes, communication problems, infrastructure and internet failures, improvement or renewal work related to the system and malfunctions that may occur due to this, power outages, and bad weather conditions.

10. Applicable Law and Jurisdiction

This Account Agreement is governed by and construed in accordance with the laws of Western Australia. Any disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Western Australia.

11. Entry into Force

This "Account Agreement" and the annexes referred to in the "Account Agreement" and which are an integral part of the "Account Agreement", along with the rules and terms on the "Portal", have entered into force electronically upon the "Account Holder's" electronic approval. The invalidity, illegality, or inapplicability of any provision of the "Account Agreement" will not affect the validity of the remaining provisions of the agreement.

As of 01.03.2025, the concept of "Member" will be referred to as "Account Holder", and the concept of "Membership" will be referred to as "Account".