(Last Updated June 8, 2020)
- Terms and Agreements
- Subject and Content
- Conditions to access Albursa
- Disclaimer of Website Services
- Privacy and Data Protection
- Age Restrictions
- Account Registration
- Account Security
- Account Termination
- Online service Terms
- Tender Section
- Service Amendments
- Repeat Infringer Policy
- Copyright Complaints
- Applicable Copyright Laws and License
- Reservation of Rights
- Quality Assurance
- Cookies Notice
- Advertisements and Promotions; Third-Party Products and Services
- Prohibited Use
- Listings a Real Estate
- Limitation of Liability
- Public Discourse and Forum
- Protection of Personal Data and Confidential Information
- Service Amendment
- Consent to Electronic Communications
- Children’s Privacy (COPPA)
- No Reliance
- Dispute Resolution; Binding Arbitration
- Arbitration Agreement and Option
- Injunctive Relief
- Waiver of Jury Trial
- Governing Law and Jurisdiction
- Copyright License
- Contact Us
- Terms and user Submission
- Subject and Content
- Conditions to access Albursa
- Disclaimer of Website Services
- Privacy and Data Protection
- Age Restrictions
- Account Registration
Welcome to Albursa E- Ticaret Anonim Şirketi and Albursa.com
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Albursa for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible towards Albursa if you violate these Terms
If you have any questions regarding the Services, please contact Albursa Support team by emailing Support@Albursa.com
When posting information on the Site or through the Services, you warrant and represent that you either own or otherwise control all of the rights to the material, including without limitation, all the rights necessary for you to provide, post, upload, input, or submit the material, or that your use of the material is fair use You agree that you will not provide false or misleading information with the intent to defraud any parties involved in using Albursa services. You represent and warrant also that the material you supply does not violate these Terms, and that you indemnify Albursa, its affiliates, agents, co-branders or other partners and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) in relation to user submissions.
The subject of these ´Terms and Conditions´ consists in providing a platform specialized in construction and real-estate. It is also a platform where you can find and meet with a lot of services providers such as real estate developers, manufacturers, suppliers, designers, contractors, testing companies….etc. if you register as a construction or Real-Estate service provider on the Albursa website you agree that your profile information shall be available for all registered users to give them the opportunity to get in direct communication with you for discussions and getting the required product or service.
To use Albursa website and service you will need to subscribe to Albursa service by purchasing one of the subscription packages. Subscribing Albursa service does not presuppose the purchase of intellectual property even though its use is only allowed during a valid subscription of the service and according to its terms.
Albursa is not responsible for data input in the platform and website. In the event of data loss, Albursa cannot be charged to liability. All website graphic content (headers, scripts, icons) are the property of Albursa.
This website has been prepared for information purposes only. Albursa does not warrant or represent, either expressly or impliedly, the accuracy or completeness of information contained in this website. No information contained in this website or any conclusion derived from that information can be relied upon by any person as a warranty or representation. The provision of this website to any person does not constitute the giving of investment, financial or other advice. Interested parties should not rely on any information contained in this website and should make their own enquiries and consult their own professional advisers. Albursa, to the fullest extent permitted by law will not have any responsibility or liability for any loss or damage however arising in relation to the provision of this website, any person’s purported reliance on this website or any error in or omission from this website.
The Site and Services are not intended for users under the age of 18. If, in your jurisdiction, the age of majority is above the age of 18, you must be above the age of majority in your jurisdiction to use the Site and Services
Accessing Albursa.com as a user is free, but to gain access to our content and advertise your products and services you will need to sign up and register for an account. We provide 2 types of account registration, user accounts registration and Vendor account registration. The vendor account is sub-divided into 4 parts and attracts a monthly, half year, and yearly subscription
- Tools and Equipment
- Real Estate
By registering an account with us, you agree to provide us personal data such as providing personal or company information including names, logos, contact details, Websites or physical addresses, email address and other information we may require for accessing or using the service. Vendors can post/upload their Real estate or construction services and listings after they register an account. The user has the option to use the site to search for information regarding real estate or up-to-date Construction know-how on the Albursa.com website.
When you create an account with Albursa, you consent to receive updates, news or newsletter from us. You may unsubscribe from our mailing service at any time by clicking on the unsubscribe link included in the e-mails you receive from us.
You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Albursa or our partners from identity theft or other fraudulent activity.
You agree that Albursa, in its sole discretion, may terminate your account or use of the Site, and remove and discard any content within the Site, at any time and for any reason. You agree that any actions taken under this section may be effective without prior notice to you.
These terms and conditions apply to every user or users that place an order through Albursa website. Prior to the conclusion of a project or order, the text of these general terms and conditions will be made available to the user.
To make a purchase for our Albursa subscription package, you will be required to register an account with us. By placing an order through this website, you warrant that you are: legally capable of entering into binding contracts, and at least 18 years old and agree that Albursa will charge you for the chosen package you placed an order for.
All Purchases are subject to acceptance by us, and we will confirm such acceptance to you by sending you a confirmation email to confirm your Purchase. You agree to provide accurate, current and complete billing information during these possesses and to keep the information up-to-date.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
The tender section is designed for both users, and vendors. They can make a tender for a supply or apply of a particular service, or also make a bidding.
If the User wishes to request the provision of certain additional services which fall outside of the scope of the Services, the user shall submit details of the requested additional services in writing to Albursa. The Parties shall then negotiate in good faith the terms which are to apply to such additional services (including any additional fees and expenses) and shall document any agreed additional services in writing. Following which, such additional services shall be deemed to form part of the “Services”. For the avoidance of doubt, Albursa shall be under no obligation to agree to the provision of any additional services.
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Albursa has adopted a policy of terminating, in appropriate circumstances and in Albursa’s sole discretion, subscribers who are deemed to be repeat infringers. Albursa may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent:
You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
This Site, including all content, is protected by the United State of America applicable copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the content. Except as expressly provided herein, Albursa.com does not grant any express or implied right or license to you under any intellectual property right, including any patent, trademark, copyright, trade secret, or confidential information, of Albursa.com or its affiliates.
The Site, methods and processes may be covered by one or more patents or other intellectual property rights, and are subject to trade secret and other proprietary rights. Albursa reserves all such rights.
Some of the cookies we use are essential for our Sites to function correctly - for example keeping track of items that have been added to your facorite list, pages you viewed or remembering you have logged in. Other cookies may be used to personalize your online experience, track your journey through our Site (so that we can maximize your experience and help us understand how we can improve it) or analyse the success of promotions. Other cookies may be from third parties such as social networking sites, affiliates or partners. For more information about our cookies policy please visit our cookies policy page.
Albursa runs advertisements and promotions for both vendors and tender users. Users and vendors agree that any advertisements posted or listed on the Albursa.com site must relate to Real Estate and construction services in accordance with the relevant categories available on the advertising platform. Setting up advertisements that relate to service provision (e.g. Real Estate or Construction, purchase) is expressly prohibited.
By using the Sites, the Users and vendors agree that Albursa has the right to run such advertisements and promotions on the Sites. The manner, mode and extent of advertising by Albursa are subject to change. The User and vendor’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and vendors and such advertiser.
Albursa may run advertisements and promotions from third parties on the website or may otherwise provide information about - or links to - third-party products or services on the website. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Albursa is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of non-Albursa advertisements or other third party information on the Services.
The Services may include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code or other items or materials on the Services (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Loss or misuse of the login details and/or abuse of the Platform must be reported to Albursa immediately. Albursa is not liable for (the consequences of) loss of login details and/or the misuse of login details of the Customer by a third party.
- Albursa will always save all files, and documents created through our platform as long as a user pays their subscription fee.
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- The user is obliged to keep his or her own current (digital) copy of all information, data and Content that the user provides to Albursa under the terms of the execution of the Agreement, whether or not via the Platform
- Albursa will not compensate anyone if their files are lost due to technical problems or misuse of their user account. The user is responsible towars saving copies of their documents on their computer, after every session.
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of Albursa, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Albursa or our users to any harm or liability of any type.
- The use of the Platform by the user and Content he or she uploads and downloads, may not infringe the rights, good name and interests of Albursa and/or third parties, including but not limited to intellectual property rights and rights relating to the protection of personal data.
- The Content uploaded by the user must be provided in a manner and in a format as indicated by Albursa.
- The Content uploaded by the user is owned and remains the property of the user.
Except as otherwise provided herein, on the Services or in a separate agreement (such as the rules of an Albursa promotion), Albursa claims no ownership or control over any User Content. However, by submitting or posting User Content to the Services, you grant the Albursa a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to Albursa at the time you post or submit such content.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) usage and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
Albursa.com includes a Real Estate listing and advertising service, sometimes referred to as Albursa.com, which facilitates the connection of users and vendors, on the platform (“Platform”) through which users and vendors can conduct Real Estate sales transactions. The information on a specific Real-Estate provided through these services and on the Site is supplied by the vendor or other third parties; Albursa.com is not responsible for the accuracy of such information. Albursa.com provides these services and the Site and all information and materials without conditions, representations or warranties of any kind, either expressed or implied. Albursa.com is not a party to any transaction between Real Estate users and vendors that occurs through the Site or that originates from information found on the Site. Prices do not include additional fees such as government fees and taxes, title and registration fees, licensing and plate fees, finance charges, dealer document preparation fees, and emission testing.
FOR BOTH THE LISTINGS SERVICE AND THE PLATFORM, ALBURSA.COM IS NOT AN AUTOMOBILE VENDOR OR DEALER AND DOES NOT SELL, EXCHANGE, BUY, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR EXCHANGE OF AN INTEREST IN ANY REAL ESTATE LISTED FOR SALE ON OUR SITE. Albursa.com does not hold or possess title for any Real Estate listed for sale on our Site and Albursa.com is not a party to any Real Estate sale contract between Real Estate users and vendors that originate on or through the Site.
You agree to defend, indemnify and hold harmless towards Albursa, our independent contractors, Albursa Services and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.
You acknowledge that any use of or reliance on this Site or any content shall be at your sole risk. Albursa.com makes no representation or warranty of any kind regarding the Site and/or the content, including with respect to the information provided by third party legal and other consultants, all of which are provided on an “AS IS” basis. ALBURSA.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ALBURSA DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
User authentication on the internet is difficult. Consequently, Albursa.com cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release Albursa.com (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Albursa.com is under no legal obligation to, and generally does not, control the materials provided by third parties which are made available through the Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. Albursa.com does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the content or about the results to be obtained using the content. The use of the Site and the content is at your own risk. Changes are periodically made to the Site and may be made at any time.
This Site contains materials, data and information which is provided, posted or offered by third parties. You agree that Albursa.com shall have no liability whatsoever for any such third-party material, data or information.
Albursa.com shall not be responsible for any employment decisions, for whatever reason made, by any jobs available on the Site.
YOU AGREE THAT ALBURSA.COM AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF ALBURSA.COM, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. The limitations of liability and disclaimers in these Terms apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
The Service may include various public forums, public relations statements, company announcements, imagery, reports & studies, community pages, and comments or chat features, or other forums (“Forums”). Albursa reserves the right to, post public statements regarding the service and products or post on the Forums, to alter or remove any such materials, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly or to comply with legal obligations or governmental requests.
Furthermore, you acknowledge that a large volume of information is available in these Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, deceptive, abusive or even unlawful. Albursa neither endorses nor is responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed in the Forums by you or the other users. All rooms’ topics or posts must be related to construction or real estate business.
The opinions expressed in the Forums reflect solely the opinions of you and/or the other users and may not reflect the opinions of Albursa. Albursa is not responsible for any errors or omissions in postings, for hyperlinks embedded in messages or for any results obtained from the use of the information contained in the Forums. Under no circumstances will Albursa be liable for any loss or damage caused by your reliance on the information in the Forums or posted User Content or your use of the Forums or User Content. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT IN THESE TERMS
- The User declares and guarantees that he is authorised to provide and process the personal data as referred to in this terms to Albursa with respect to the performance of the agreement.
- The User retains, as far as applicable, the title to the personal data provided to Albursa.
- The User fully indemnifies Albursa against all third-party claims, which arise in any way from and/or are related to the processing of personal data by Albursa via the Platform and/or the Services, or by the third party providing services to Albursa in this respect
Albursa reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that Albursa will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.
For contractual purposes, you (1) consent to receive communications from Albursa in an electronic form such as email, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Albursa provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Albursa and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than 10,000 Turkish Lira, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
- The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
- The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
- Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
You acknowledge and agree that any violation or breach of the Terms may cause Albursa immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge that Albursa reserves the right to, in its discretion, immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to Albursa in law or in equity, Albursa may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY
These terms and conditions shall be governed and construed in all respects by the laws of the Constitutional Court of Turkey and the“Law on Protection of Personal Data” no. 6698 (“KVKK”). You agree that any claim or dispute you may have against must be resolved by arbitration. You and Albursa both agree to submit to the non-exclusive jurisdiction of the Constitutional Court of Turkey; for claims falling within the jurisdiction of a Constitutional Court of Turkey, you and Albursa both agree to submit to the jurisdiction of the Constitutional Court of Turkey.
Any dispute arising from these Terms and your use of the Services will be subject to Arbitration, without regards to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, will be resolved by arbitration.
Albursa reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Copyright (c) 2020(s) of first publication Albursa. Subject to the express provisions of these terms and conditions. We, together with our licensors, own and control all the copyright and other intellectual property rights in Albursa website and the material on our website; and
All the copyright and other intellectual property rights in Albursa website and the material on our website are reserved.
If you have any questions about these Terms & condition, please contact us at Email: Support@Albursa.com