Legal Documents
Individual Account Agreement
Individual Account Agreement
1. Parties
This Individual Account Agreement (hereinafter referred to as the "Account Agreement") is entered into electronically between ORE2B INFORMATION TECHNOLOGIES MARKETING AND TRADE INC. (hereinafter referred to as "ORE2B") located at "[Address to be specified]" 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 protected under Law No. 5846 on Intellectual and Artistic Works 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 European Union resident natural person, accepts, declares, and undertakes that Law No. 6698 on Protection of Personal Data and its secondary regulations and the decisions and regulations of the Personal Data Protection Board will apply regarding their own personal data, Turkish domestic law will apply without looking at conflict of laws rules in all legal problems that may arise, EU Directive 95/46/EC and the General Data Protection Regulation (GDPR) that entered into force in the European Union in May 2018 will not apply, and waives the right to demand the application of the conflict of laws rules of the Turkish Law on Private International Law and Procedural Law.
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
In the application, interpretation of this "Account Agreement" and the management of legal relations arising within this "Account Agreement", Turkish domestic law will be applied directly, excluding Turkish conflict of laws rules, in case of foreign elements. Istanbul Central (Çağlayan) Courts and Enforcement Offices have jurisdiction for the resolution of all kinds of disputes arising from or that may arise from this "Account Agreement".
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.
12. Annexes to the "Account Agreement"
12.1 The "Account Holder" declares and undertakes that they unconditionally accept that "Annex-1 Terms of Use", "Annex-2 Privacy Policy", "Annex-3 ORE2B Services", "Annex-4 Products Prohibited from Listing, Sale Offering, and Listing", "Annex-5 User Profile Changes" along with the terms and rules published on the "Portal" are annexes and integral parts of this "Account Agreement", that they have read and understood their contents, and that they will act in accordance with the "Account Agreement" along with its annexes and the terms and rules published on the "Portal" as an "Account Holder".
ANNEXES:
- Annex-1 Terms of Use
- Annex-2 Privacy Policy
- Annex-3 ORE2B Services
- Annex-4 Listing Rules and Products Prohibited from Listing
- Annex-5 User Profile Changes
As of [Date], the concept of "Member" will be referred to as "Account Holder", and the concept of "Membership" will be referred to as "Account".
Annex-1 Terms of Use
1. TERMS OF USE
Please read the conditions written below to use the website with the domain name <www.ore2b.com>. By visiting the ore2b.com website and/or using mobile applications (the website and/or mobile applications will hereinafter be referred to as the "Portal") and/or as an "Account Holder", you accept, declare, and undertake that you have read these "Terms of Use", fully understood their content, unconditionally accepted all matters specified in the "Terms of Use" and all matters specified and that will be included in the "Portal" over time, and that you will not raise any objections or defenses regarding all matters related to those specified in the "Portal". If you do not accept these conditions, please refrain from using the "Portal".
1.1 The owner of this "Portal" is ORE2B INFORMATION TECHNOLOGIES MARKETING AND TRADE INC. (hereinafter referred to as "ORE2B") located at "[Address to be specified]". The services offered in the "Portal" and specified in Article 3 of these "Terms of Use" are provided by "ORE2B".
1.2 "ORE2B" may change these "Terms of Use", all kinds of information and "Content" in the "Portal", and provide notices to "Users" at any time without any notification or notice. These changes will be published periodically on "www.ore2b.com" and will be effective on the date of publication. Any natural or legal person who benefits from "Portal" services by paying a certain fee or free of charge or accesses the "Portal" in any way is deemed to have accepted the "Terms of Use" and every change made by "ORE2B" in these "Terms of Use". These "Terms of Use" are published through the <www.ore2b.com> website, making access possible for every natural or legal person using the "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 an account on the "Portal" and benefits from the services offered within the "Portal" under the conditions specified in this agreement.
"ORE2B Services" ("Service"): Applications provided by "ORE2B" to enable "Account Holders" to perform the transactions defined in this 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 used by "Users" to view content created by ORE2B and "Account Holders" and to query from the "ORE2B Database", within designs protected under Law No. 5846 on Intellectual and Artistic Works and whose intellectual rights belong to "ORE2B", that give commands to computer programs for performing all kinds of transactions that can be carried out through the "Portal".
"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.
3. ORE2B SERVICES
3.1 "ORE2B" ensures that content uploaded to the "ORE2B Database" by "Account Holders" can be viewed by "Users" through the "ORE2B Database" using interfaces.
3.2 "ORE2B" provides various types of listing services that prioritize the display of listings to make it easier for "Users" to reach "Account Holder" listings within the "Portal".
3.3 "ORE2B" provides reporting services under various categories for transactions performed within the "Portal" and view counts.
3.4 "ORE2B" reserves the right to always change the services and content provided within the "Portal", to close access to and delete information and content uploaded by "Account Holders" to the system, including "Portal" users and third parties. "ORE2B" may use this right without any notification and without notice in any way it desires.
4. CONDITIONS AND OBLIGATIONS REGARDING THE USE OF ORE2B PORTAL
4.1 "Users" may conduct transactions on the "Portal" for lawful purposes. The legal and criminal responsibility for every transaction and action performed by "Users" within the "Portal" belongs to them, and the "User" accepts, declares, and undertakes that "ORE2B" has no responsibility regarding such legal and criminal obligations.
4.2 The "Portal" operates on the principle of displaying "Content" uploaded to the "ORE2B Database" by "Account Holders". "ORE2B" does not guarantee the accuracy, genuineness, security, and lawfulness of listings and "Content" viewed by "Users" under any conditions. "Users" accept and declare that "ORE2B" has no responsibility regarding such listings and "Content" and that "ORE2B" will have no compensation obligation for damages that may arise.
4.3 "USER" accepts and undertakes that they will not reproduce, copy, distribute, or process all kinds of images, texts, visual and auditory images, video clips, files, databases, catalogs, and lists within the "PORTAL", and will not perform behavior and transactions that constitute unfair competition directly and/or indirectly through such actions.
None of the provisions of these Terms of Use prevent the User from publishing ads on platforms other than ORE2B or publishing ads they have entered on ORE2B on these platforms as well.
Users can access images, texts, visual, auditory, image, video clip, and files they have uploaded to the Portal as stored through technical facilities provided by ORE2B and can transfer this data within the framework of data download or API methods provided by ORE2B.
However, Users do not have rights over images, texts, visual, auditory, image, video clip, and files they have entered or uploaded to ORE2B where ORE2B has made technical or visual improvements. They cannot reproduce, copy, distribute, or process the improved versions of images, texts, visual, auditory, image, video clip, and files where such improvements have been made.
4.4 "Users" accept and undertake that they will not engage in activities that would lead to unfair competition under the provisions of the Turkish Commercial Code within the "Portal", will not perform acts that would damage the personal and commercial reputation of "ORE2B" and third parties, violate or attack personality rights, will act in accordance with legislation, public order, and general moral rules, will take the measures required by legislation and fulfill procedures, will not engage in illegal, criminal, disturbing, personality-damaging attitudes and behaviors that violate intellectual rights, copyrights, trademark rights, and property rights, and will not give listings with content that would create discrimination based on gender, race, color, language, religion, belief, sect, philosophical and political views, ethnic origin, wealth, birth, marital status, health condition, disability, and age, in accordance with the regulations of the Turkish Human Rights and Equality Institution Law on the principle of equality and prohibition of discrimination, and will not engage in such attitudes and behaviors.
4.5 "Users" are obliged to use the information they access within the "Portal" only in accordance with the purpose of the "Account Holder" or "ORE2B" who discloses this information, for non-commercial purposes, and for viewing. Communication information in listings entered by listing "Account Holders" may be used for communication purposes to obtain information about the listing. Personal data and/or special categories of personal data belonging to the listing provider or third parties that may be included in the listing and are protected under Law No. 6698 on Protection of Personal Data cannot be used for any other purpose, cannot be copied, cannot be published directly or indirectly on other platforms, cannot be processed, distributed, or transferred to other databases to be made accessible and usable by third parties.
4.6 "ORE2B" has a "Hosting Service Activity Certificate" under Law No. 5651. In accordance with Law No. 5651 and related legislation, it records and stores records of the nature specified in the relevant legislation regarding transactions performed by "Users" on the "Portal" within the legal period for the purpose of complying with the obligations imposed on "Hosting Providers".
4.7 "ORE2B" may use, process, share, disclose User information, classify and preserve it on a database, use it for promotional and informational communication activities, marketing activities, and statistical analyses. "ORE2B" may also use information such as the user's IP address, which parts of the "Portal" they visit, domain type, browser type, date and time for statistical evaluation and providing personalized services and offers. "ORE2B" may transfer User information to companies it cooperates with for conducting research to improve processes, creating databases, and conducting market research, and User information may be processed by these companies for the purposes listed above only.
4.8 Subject to the commitments specified in Article 6.1 of the Account Agreement, ORE2B has the right to associate the behaviors of users coming to the site in the browser with a cookie for online behavioral advertising and marketing purposes, define remarketing lists based on metrics such as the number of pages viewed, visit duration, and target completion numbers, use marketing automation tools, and send personalized messages/offers and recommendations to users. Later, targeted advertising content can be shown to this user on the site or other sites in the Display Advertising Network according to users' interests. Also, Google may place cookies in users' browsers or read existing cookies or use web beacons to collect information during the direction of AFS ads to ORE2B.
4.9 Subject to Article 4.3 of this ANNEX-1, access to the database where content accessed and/or viewed through the "Portal" is stored is lawful only for the purpose of viewing relevant content and/or by third parties within the framework of "ORE2B's" "Terms of Use". Other accesses made are unlawful, and "ORE2B" reserves all rights of demand, lawsuit, and pursuit.
4.10 Subject to the provisions of Article 4.3 of this ANNEX-1 (which also regulates data access and data portability), "ORE2B" permits viewing for the purpose of learning about the content of listings and using the "ORE2B Interface", but does not permit and give consent to attempting to access a certain number of listings or all listings from the database for purposes other than this, partially or completely copying listings, customer information, designs, codes and software, information in the database, directly or indirectly publishing, compiling, processing, modifying, transferring them to other databases, making them accessible and usable by third parties from this database, including linking to listings on "ORE2B", and similar acts. Such acts are unlawful, and "ORE2B" reserves its rights of demand, lawsuit, and pursuit.
4.11 Subject to the provisions of Article 4.3 of this ANNEX-1 (which also regulates data access and data portability), using the "Portal" in whole or any part for the purpose of disrupting, modifying, reverse engineering, attempting to break API protocols with reverse engineering or any different method, and unauthorized access to parameters such as API key, API secret key, request headers, client authentication algorithm, or unauthorized sharing of these parameters with third parties, attempting to access the Site in a way that blocks, disrupts the communication or technical systems of the "Portal" or interferes with the systems, using automatic programs, robots, spiders, web crawlers, data mining, data crawling, etc., "screen scraping" software or systems, automatic tools, or manual processes on the Site, unauthorized access to other users' data or software, running bots, DDOS attacks, and all other attacks on systems and all other illegal uses based on determinations made according to various criteria will be prevented at ORE2B's discretion. Even without such uses, ORE2B may allow the use of the Portal only after the "Account Holder" logs in with their username and password when deemed necessary. Using the "Site" and content on the "Portal" outside the usage limits determined by the "Terms of Use" is unlawful, and "ORE2B" reserves all rights of demand, lawsuit, and pursuit. Upon detection of use contrary to these conditions and laws, "ORE2B" has the right to report the "User" to competent authorities. The "User" accepts that they are personally responsible for damages and claims resulting from such uses.
4.12 The "User" accepts and undertakes that "ORE2B" cannot be held responsible for all kinds of direct and indirect damages that may occur in case of service interruption, disruptions in information transmission, delays, failures, and data loss provided on the "Portal".
4.13 The Trust Seal only indicates the existence of compliance criteria that are examined, monitored, and controlled by GDS according to the relevant Communiqué. Apart from this, the Trust Seal Provider cannot be understood as a guarantor or undertaker of the contract between the parties, nor is it a guarantor of the defect-free qualities of goods or services on the E-commerce site and their complete supply and delivery. Also, the Trust Seal Provider cannot be held legally responsible in any way for cases of non-delivery, late delivery, or delivery not in accordance with the committed specifications.
4.14 Our ore2b.com application that you use from your TOGG vehicle is a more limited application compared to our iOS/Android application.
5. INTELLECTUAL PROPERTY RIGHTS
Information accessed within this "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. "Users" do not have the right to resell, process, copy, 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 "Site Terms of Use", they cannot reproduce, process, distribute "ORE2B's" copyrighted works, or create derivative works from them.
In cases where "ORE2B" has not explicitly granted authority within these "Terms of Use", "ORE2B" reserves all rights to "ORE2B" services, "ORE2B" information, "ORE2B" copyrighted works, "ORE2B" trademarks, "ORE2B" commercial appearance, or other assets and information it provides through this site.
6. CHANGES TO TERMS OF USE
"ORE2B" may change these "Terms of Use" unilaterally at any time by announcing them on the "Portal" at its discretion. The changed provisions of these "Terms of Use" will gain validity and enter into force on the date they are announced. These "Terms of Use" cannot be changed by the "User's" unilateral statements.
7. FORCE MAJEURE
In all situations that are legally considered force majeure, "ORE2B" will have no compensation obligation for late performance, incomplete performance, or non-performance. "Force majeure" will be interpreted as 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, wars, fires, strikes, uprisings, rebellions, bad weather conditions, infrastructure and internet failures, improvement or renewal work related to the system and all kinds of malfunctions that may occur due to this, and power outages.
8. APPLICABLE LAW AND JURISDICTION
In the application, interpretation of these "Terms of Use" and the management of legal relations arising within these "Terms of Use", Turkish Law will be applied excluding Turkish conflict of laws rules in case of foreign elements. Istanbul Central (Çağlayan) Courts and Enforcement Offices have jurisdiction for the resolution of all kinds of disputes arising from or that may arise from these "Terms of Use".
9. ENTRY INTO FORCE AND ACCEPTANCE
These "Terms of Use" enter into force on the date they are published on the "Portal" by "ORE2B". "Users" are deemed to have accepted these "Terms of Use" and changes made over time by using the "Portal".
Comments and ratings by other buyers and sellers can be made only once (1) for each "Secure Electronic Commerce" transaction and "S-Param Secure" transaction. Such comments and ratings cannot be changed, deleted, or voted on again for the same "Secure Electronic Commerce" transaction and "S-Param Secure" transaction.
"Account Holder" shall not engage in any conduct that would manipulate the Account Holder Profile evaluation system, force the counterparty "Account Holder" to make positive comments about their profile, or prevent them from making negative comments under any circumstances or by any method; if they do so, they accept and declare that they will compensate ORE2B for all damages incurred and that ORE2B has the right to unilaterally terminate this agreement and close the "Account Holder's" account without notice.
"Account Holder" cannot transfer their profile created for them to another "Account Holder" under any circumstances or allow its use in any way. In the event that the "Account Holder" transfers their Account Holder profile created for them to someone else or makes it available for use, the "Account Holder" accepts and declares that ORE2B has the right to unilaterally terminate this agreement and close the "Account Holder's" account without notice.
Users accept and declare that "ORE2B" has the right to remove such comments and/or temporarily suspend or close the account of the comment owner if comments made by them fall into any of the categories listed below:
- The comment being defamatory or slanderous in nature or insulting or illegal in nature has been determined by a court decision and such decision has been submitted to ORE2B,
- The comment containing slang and racist expressions,
- The comment containing expressions that are contrary to public morals, damaging to personality rights, or humiliating,
- The comment containing personal information other than the current information available to all ORE2B users about the user being commented on, such as address, phone number, email address, etc.,
- The comment being made by users who have given false and/or fake user information to ORE2B and cannot be reached,
- The comment being negative in nature and being given to another user by mistake and this situation being reported to ORE2B by the comment owner user,
- The comment containing links or scripts,
- The comment being misleading or made within the scope of advertising agreements.
"Account Holders" accept and declare that penalty points may be deducted from user profiles by ORE2B if they violate the rules specified in the portal by ORE2B or the provisions of this agreement and its annexes.
Annex-1 Terms of Use
1. TERMS OF USE
Please read the conditions written below to use the website with the domain name <www.ore2b.com>. By visiting the ore2b.com website and/or using mobile applications (the website and/or mobile applications will hereinafter be referred to as the "Portal") and/or as an "Account Holder", you accept, declare, and undertake that you have read these "Terms of Use", fully understood their content, unconditionally accepted all matters specified in the "Terms of Use" and all matters specified and that will be included in the "Portal" over time, and that you will not raise any objections or defenses regarding all matters related to those specified in the "Portal". If you do not accept these conditions, please refrain from using the "Portal".
1.1 The owner of this "Portal" is ORE2B INFORMATION TECHNOLOGIES MARKETING AND TRADE INC. (hereinafter referred to as "ORE2B") located at "[Address to be specified]". The services offered in the "Portal" and specified in Article 3 of these "Terms of Use" are provided by "ORE2B".
1.2 "ORE2B" may change these "Terms of Use", all kinds of information and "Content" in the "Portal", and provide notices to "Users" at any time without any notification or notice. These changes will be published periodically on "www.ore2b.com" and will be effective on the date of publication. Any natural or legal person who benefits from "Portal" services by paying a certain fee or free of charge or accesses the "Portal" in any way is deemed to have accepted the "Terms of Use" and every change made by "ORE2B" in these "Terms of Use". These "Terms of Use" are published through the <www.ore2b.com> website, making access possible for every natural or legal person using the "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 an account on the "Portal" and benefits from the services offered within the "Portal" under the conditions specified in this agreement.
"ORE2B Services" ("Service"): Applications provided by "ORE2B" to enable "Account Holders" to perform the transactions defined in this 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 used by "Users" to view content created by ORE2B and "Account Holders" and to query from the "ORE2B Database", within designs protected under applicable Intellectual Property Laws and whose intellectual rights belong to "ORE2B", that give commands to computer programs for performing all kinds of transactions that can be carried out through the "Portal".
"ORE2B Database": The database belonging to "ORE2B" protected under applicable Intellectual Property Laws, where content accessed within the "Portal" is stored, classified, can be queried, and accessed.
3. ORE2B SERVICES
3.1 "ORE2B" ensures that content uploaded to the "ORE2B Database" by "Account Holders" can be viewed by "Users" through the "ORE2B Database" using interfaces.
3.2 "ORE2B" provides various types of listing services that prioritize the display of listings to make it easier for "Users" to reach "Account Holder" listings within the "Portal".
3.3 "ORE2B" provides reporting services under various categories for transactions performed within the "Portal" and view counts.
3.4 "ORE2B" reserves the right to always change the services and content provided within the "Portal", to close access to and delete information and content uploaded by "Account Holders" to the system, including "Portal" users and third parties. "ORE2B" may use this right without any notification and without notice in any way it desires.
4. CONDITIONS AND OBLIGATIONS REGARDING THE USE OF ORE2B PORTAL
4.1 "Users" may conduct transactions on the "Portal" for lawful purposes. The legal and criminal responsibility for every transaction and action performed by "Users" within the "Portal" belongs to them, and the "User" accepts, declares, and undertakes that "ORE2B" has no responsibility regarding such legal and criminal obligations.
4.2 The "Portal" operates on the principle of displaying "Content" uploaded to the "ORE2B Database" by "Account Holders". "ORE2B" does not guarantee the accuracy, genuineness, security, and lawfulness of listings and "Content" viewed by "Users" under any conditions. "Users" accept and declare that "ORE2B" has no responsibility regarding such listings and "Content" and that "ORE2B" will have no compensation obligation for damages that may arise.
4.3 "USER" accepts and undertakes that they will not reproduce, copy, distribute, or process all kinds of images, texts, visual and auditory images, video clips, files, databases, catalogs, and lists within the "PORTAL", and will not perform behavior and transactions that constitute unfair competition directly and/or indirectly through such actions.
None of the provisions of these Terms of Use prevent the User from publishing ads on platforms other than ORE2B or publishing ads they have entered on ORE2B on these platforms as well.
Users can access images, texts, visual, auditory, image, video clip, and files they have uploaded to the Portal as stored through technical facilities provided by ORE2B and can transfer this data within the framework of data download or API methods provided by ORE2B.
However, Users do not have rights over images, texts, visual, auditory, image, video clip, and files they have entered or uploaded to ORE2B where ORE2B has made technical or visual improvements. They cannot reproduce, copy, distribute, or process the improved versions of images, texts, visual, auditory, image, video clip, and files where such improvements have been made.
Annex-2 Privacy Policy
The purpose of this Privacy Policy is to determine the terms and conditions regarding the use of the website located at https://www.ore2b.com/ operated by ORE2B Information Technologies Marketing and Trade Inc. ("ORE2B" or "Company") ("Portal"). Expressions not defined in this Privacy Policy will be interpreted according to the definitions in the Terms of Use and Account Agreement. Users will be deemed to have accepted this Privacy Policy upon accepting the Account Agreement.
"Corporate Account Holder" accepts that the Sub-Users they invite must personally approve the provisions of this Privacy Policy. Accordingly, the Corporate Account Holder undertakes that for each Sub-User they determine:
• Approval will be obtained, • If approval is not obtained, the Sub-User will not be able to use the Portal, • Separate approval will be obtained for each Sub-User.
ORE2B invests in technology and continuously renews itself with innovative product and service applications in the internet field to provide better service to its Users and works to provide the best service.
Subject to the commitments specified in Article 6.1 of the Account Agreement, ORE2B has the right to associate the behaviors of users coming to the site in the browser with a cookie for online behavioral advertising and marketing purposes, define remarketing lists based on metrics such as the number of pages viewed, visit duration, and target completion numbers, even if Users are not "Account Holders". Later, targeted advertising content can be shown to this User on the site or other sites in the Display Advertising Network according to Users' interests.
Google may place cookies in users' browsers or read existing cookies or use web beacons to collect information during the direction of AFS ads to ORE2B.
Changes to Privacy Policy
ORE2B may update and change the provisions of this Privacy Policy at any time by publishing them on the Portal. Updates and changes made by ORE2B to the Privacy Policy will be effective from the date they are published on the Portal.
The User undertakes that the information subject to this Privacy Policy is complete, accurate, and current, and that they will immediately update this information from https://support.ore2b.com/ if there are any changes in this information. ORE2B will have no responsibility in case the User does not provide current information.
Annex-3 ORE2B Services
ORE2B may make "price" and/or "rule" and/or "content" changes regarding the services mentioned below and other services it will implement over time at any time without any notice or notification to the "User"/"Account Holder", and may terminate any of its services. Changes made by ORE2B regarding its services will be effective as of the date they are published on the "Portal". Every natural or legal person accessing the "Portal" is deemed to have accepted all changes made by "ORE2B".
Annex-4 Listing Rules and Products Prohibited from Listing
All "Listing Rules" in the categories specified below apply to both individual and corporate Account Holders. Account Holders placing listings accept and undertake to comply with legislation, listing rules, and the rules specified in the Account Agreement, and not to include statements in the listing that may mislead consumers in accordance with laws and regulations, especially legislation.
The current list of products prohibited from listing on the ore2b.com portal can be accessed from the Prohibited Products List page. ORE2B may make additions to products prohibited from listing in accordance with explanations made in relevant sections of the portal. "Account Holder" must follow prohibited products on a current basis and place listings for non-prohibited products.
Annex-5 User Profile Changes
"Portal": The website consisting of the domain name www.ore2b.com and sub-domains linked to this domain name.
"User": Every natural and legal person accessing the "Portal" online.
"Account Holder": Natural and/or legal persons who create accounts on the www.ore2b.com portal and benefit from the services offered within the "Portal" under the conditions specified in this agreement.
User Profile is an information page where points given by other buyers and sellers based on their evaluations and comments made as a result of purchase and sale transactions made by users through "Secure Electronic Commerce Service" and "S-Param Secure Service" on the "ORE2B" portal in the past are displayed.
As of [Date], the concept of "Member" will be referred to as "Account Holder", and the concept of "Membership" will be referred to as "Account".