This agreement has come into force with reciprocal approval of Izmir Ticaret Borsası Emtia Alım Satım Portalı (Hereinafter referred as “E- Commodity Bazaar”) having its registered address at Gazi Bulvarı No:2 and “Member” ,by the electronic approval given by Member during opening a membership on www.ecommoditybazaar.com portal.
“Member”: Any real and/or legal person who becomes a member of www.ecommoditybazaar.com portal and uses the services provided within “PORTAL” under the terms of this agreement.
“User” : Any real and legal person who accesses the “SITE” in online environment.
“Portal”: Website which consists of www.ecommoditybazaar.com domain name and subdomain names in connection thereto.
“E-Commodity Bazaar Membership Account”: Website that is used for performance of the transactions which are necessary for the use of services provided by Portal, making claims to “E-Commodity Bazaar” in respect of Membership matters, updating its Membership information and displaying reports related to the provided services. This website can only be accessed with “username” and “password” that was determined by Member and guaranteed to be used by Member exclusively,
“Purchase and Sale Tenders”: Advertisements by “E-Commodity Bazar” in “Portal”, that contains detailed information such as technical specifications, location in Protal, publication term, sale price, payment conditions in “E-Commodity Bazaar Membership page. Advertisements will offer Member a chance to select and can be personalized in accordance with the preferences of Member.
E- Commodity Bazaar Interface: Websites that command the computer program in order to process all kinds of transactions that can be made on Portal, within the designs which all intellectual property thereof belongs to “Commodity Bazaar” and is under protection within the scope of Intellectual Property Code No.5846, that enable USERS to display and inquire the content created especially by USERS, on “E-Commodity Bazaar Database”
3. Subject and Scope
The subject of this agreement is regulation of the services provided in “Portal”, conditions to use these services and rights and obligations of the Parties. The scope of this agreement is this agreement and its annexes along with all kinds of statements made by E-Commodity Bazaar that are in Portal such as warnings, notifications and explanations in respect of the usage, membership and services. User, by accepting the terms of this agreement, shall be deemed to have accepted all kinds of statements made by E-Commodity Bazaar in regard of usage, membership and services that are in the Portal. User hereby accepts and guarantees to act in compliance with all kinds of matters that are set out in the said statements.
4. Conditions of Membership and Use of Service
4.1. Membership is completed upon filling the necessary membership form, providing identity information, verification of identity information, if the service requires a fee, payment of the required amount on the relevant Section of the Portal by the User who wants to be Member and confirmation of the registration by E-Commodity Bazaar. Without completing the Membership process, right and authority to be a Member as defined in this agreement, shall not be gained. While the membership of E-Commodity Bazaar is free of charge, E-Commodity Bazaar has the right to make it paid membership and adjust the charges.
4.2. To be a member of the Portal, it is required be a major, for legal persons, have the authority to represent and bind the legal person and also not be temporarily or permanently banned from membership by E-Commodity Bazaar within the scope of this agreement. Applications made by minors, for legal persons, the persons who are not authorized to represent and bind the legal person and persons who are temporarily or permanently banned or whose memberships are suspended, shall not grant the “Membership” rights even if the Portal registration process is completed.
4.3. E-Commodity Bazaar can always unilaterally terminate this agreement, end the Member’s membership or without terminating the agreement; end or temporarily suspend Member’s membership with immediate effect, without having to state any reason, make a notification and pay a compensation. Decisions to terminate, end and suspend membership shall be made by E-Commodity Bazaar in case of violation of this contract, violation of the rules stated in Portal and in case transactions of Member or the situation that occurred as a result of transaction of the Member constitutes a risk according to the information safety system of E-Commodity Bazaar or commercial decisions of E-Commodity Bazaar or the situation that occurred on the part of E-Commodity Bazaar constitutes a legal risk.
5. Rights and Obligations
5.1. Rights and Obligations of “Member”
5.1.1 Member hereby accepts to act in compliance with the conditions set out in this agreement, rules/statements specified in the relevant part of the Portal regarding the service he/she uses and all the statutes that are in force while handling the membership procedures, using Portal services and carrying out a transaction in regard of services in Portal. Member hereby states that he/she understands and approves all of the rules stated above.
5.1.2. Member hereby accepts that, “E-Commodity Bazaar” may be obligated to make a disclosure to official authorities under the mandatory provisions of the statutes in force. In the event that official authorities duly demand this information, “E-Commodity Bazaar”, will be authorized to disclose the confidential/private/commercial information of the users to official authorities. Member hereby consents to this authority of “E-Commodity Bazaar” and accepts that no compensation under any name can be claimed for this reason. Besides, in case a notification is made to “E-Commodity Bazaar” with the claim that Member’s advertisements on the Portal violate the rights of the third Parties and legal action will be taken in this regard, “E-Commodity Bazaar” will have the right to share the name and surname information which was provided by the Member, with the relevant third party.
5.1.3. Members are responsible to ensure the safety of the “username” and “password” which are used to access the E-Commodity Bazaar account in order to use the services provided by E- Commodity Bazaar. Members are also responsible to make sure the “username” and “password” are used exclusively and solely by them and to keep the username and password away from the knowledge of third parties. Members shall be responsible for all the damages that the other Members, E-Commodity Bazaar and/or third parties may incur as result of Members’ negligence or default on ensuring the safety of “username” and “password”, making sure the “username” and “password” are used exclusively and solely by them and keeping the “username” and “password” away from the knowledge of third parties
5.1.4. Members hereby accept and undertake that, all of the information and content they provided within Portal is true and legal; and advertisement of the said information and content on the Portal or sale and display of the goods related thereto, does not constitute a violation of law under the current legislation in force. E-Commodity Bazaar has the right to investigate the authenticity of the information and content which were forwarded to E-Commodity Bazaar or uploaded, amended and provided through Portal by Members. E-Commodity Bazaar is not obligated to confirm and guarantee that this information and content are safe, true and legal. E-Commodity Bazaar is also not obligated to prevent the publication of this content or sale and display of the goods related to this content from violating the law. E-Commodity Bazaar is not responsible for the damages that may occur as a result of inaccuracy or publication of the said information and content.
5.1.5 Members cannot partially or wholly assign this agreement or their rights and obligations within this agreement, to a third party without the written consent of E-Commodity Bazaar.
5.1.6. Those who use the Portal and services provided by E-Commodity Bazaar, can only make transactions on Portal for lawful purposes. Members bear the legal and criminal liability for every transaction and act they made on Portal. Every Member undertakes to not violate the real, personal or property rights of E-Commodity Bazaar and/or any other third person, by duplicating, copying, distributing, processing pictures, texts, audio and visual images, videos, files, databases, catalogs and lists or uploading the same to Portal in a way that could create the same results. Every Member also undertakes to not directly and/or indirectly get into competition with E-Commodity Bazaar by committing these acts or in any other way. www.ecommoditybazaar.com cannot be hold responsible directly and/or indirectly for the damages incurred or may be incurred by third parties as a result of the Member’s activities that violate this agreement and the law.
5.1.7. E-Commodity Bazaar, in regard of the advertisements on Portal and E-Commodity Bazaar INTERFACE, only allows Members to display the advertisements for the purpose of learning the content thereof and use E-Commodity Bazaar INTERFACE. For any purpose apart from this, E-Commodity Bazaar does not allow and consent to any kind of action including, but not limited to trying to access a certain number of advertisements or all of the advertisements over database, copying the advertisements, publication of advertisements on different channels directly or indirectly, editing, processing them and sharing links on the advertisements in E-Commodity Bazaar. Use of E-Commodity Bazaar DATABASE without the consent regulated herein, is illegal and right of claim, litigation and other legal rights of E-Commodity Bazaar are reserved in this regard.
5.1.8. E-Commodity Bazaar DATABASE and information in this database cannot be partially or wholly copied, transferred to another database and made available to access and use of third parties through these databases without the written consent of the owner thereof.
5.1.9. E-Commodity Bazaar, its employees and managers are not responsible for services and contents on Portal provided by third parties including Members. Guarantee of accuracy and legality of published information, contents, audio and visual images provided by a third party, is within responsibility of the person who commits this act. E-Commodity Bazaar does not guarantee the safety, accuracy and legality of services and contents provided by third parties including Members.
5.1.10. Member, hereby accepts and undertakes that, he/she must fulfill the precautions and procedures required by law, as advertiser, seller, taxpayer or similar capacity in respect of the transactions he/she made on Portal and E-Commodity Bazaar has no authority and responsibility in this regard. Member hereby also accepts and undertakes that, he/she will be responsible for the damages incurred or may be incurred by other Members, E-Commodity Bazaar and/or third parties as a result of default on fulfilling precaution and procedures stated herein, caused by his/her negligence and faults.
5.1.11 Member hereby accepts and acknowledges that it is forbidden on Portal to sell and display goods that entered in Turkey by violating the customs statute or without being subject to any customs procedure.
5.2. Rights and Obligations of “E-Commodity Bazaar”
5.2.1. E-Commodity Bazaar hereby accepts and undertakes to provide the services mentioned in this agreement; within the conditions set out in this agreement and statements regarding the provision of the related services, located in the E-Commodity Bazaar Membership Account. E-Commodity Bazaar hereby also accepts and undertakes to establish the necessary technological infrastructure (article 4 of this agreement is reserved) in order to provide the services set out in this agreement. Obligation to establish a technological infrastructure regulated in this article, is not an unlimited and complete service undertaking. E-Commodity Bazaar may always suspend or end its services and technological infrastructure without having to make a notification.
5.2.2. E-Commodity Bazaar reserves the right to amend the services and contents provided in Portal anytime; delete the information and contents uploaded to system by Members and block third parties’(including all Portal users) access thereto. E-Commodity Bazaar can use this right without having to make a notification or grant an extension of time. Members are obligated to promptly perform the amendments and/or corrections demanded by E-Commodity Bazaar. Amendments and/or corrections demanded by E-Commodity Bazaar can be made by E-Commodity Bazaar if it is deemed necessary. Damages, legal and criminal liabilities that arise or may arise as a result of users’ default on fulfilling the E-Commodity Bazaar’s amendment and/or correction demands on time, shall be completely borne by users.
5.2.3. Via Portal, E-Commodity Bazaar can share links to websites and/or Portals, files or contents owned or run by Sellers, providers and other third persons that not under its control. These links may be provided by Members or by E-Commodity Bazaar merely for reference convenience, and do not have the purpose of supporting the website it leads or the person who runs the website. These links also do not constitute a statement or guarantee in regard of the website or the contents therein. E-Commodity Bazaar does not bear any responsibility about the portals, websites, files, contents that are accessible through the links on Portal and services or products or their contents that are provided by the portals or websites that are accessible through these links.
5.2.4. E-Commodity Bazaar can use the contents uploaded by Members or Member information that are on Portal as it deems fit, for Member’s safety, fulfilling its obligation and some statistical evaluation. E-Commodity Bazaar can also sort and keep these in a database.
5.2.5. E-Commodity Bazaar can always control messages and contents that violate Portal’s operation, law, rights of the others, conditions of the agreement, general moral principles and remove the same at any time and in any way. E-Commodity Bazaar can end the membership of the Member who posted the said message or content without having to send a notification.
5.2.6. E-Commodity Bazaar is not a party to the shopping or trade that will be made on portal. E-Commodity Bazaar is not the guarantor of the shopping, trade, payment and delivery conditions and does not bear any responsibility and obligation in respect of the quality and content of the products, customs procedures of the products that will be shipped from abroad etc.
E-Bazaar shall provide the services to the Members within the scope and according to the conditions of use defined herein in this Agreement through the Portal. The main objectives of the services of E-Commodity Bazaar are as follows:
Purchase, sale, promotion or advertisement of the contents uploaded by the Member to the Web-Site through the Member’s E-Commodity Member Account by a publication at the Member’s choice to be subjected to purchase, lease and barter of the goods and services which the Members hold the authority thereof in return of a certain amount.
6.1. E-Commodity Bazaar’s Services of Advertisement
6.1.1. The Member will create its advertisement through E-Commodity Bazaar Member Account by using the interfaces within the E-Commodity Bazaar Member Account and upload the same to the E-Commodity Bazaar Database in accordance with the Advertisement Programs set by E-Commodity Bazaar.
6.1.2. E-Commodity Bazaar accepts, declares and undertakes to submit the Advertisement Programs to the Member’s selection within the scope of the conditions set through the E-Commodity Member Account and evaluate the Member’s selection and request regarding the Advertisement Program, and in case the evaluation resulted in a positive manner to publish the Member’s advertisement/s within the scope of the said conditions.
6.1.3. E-Commodity Bazaar will evaluate the advertisements which are formed in accordance with the Advertisement Program by the Member and shall accept or refuse to publish the advertisements according to the Advertisement Program. E-Commodity Bazaar shall set forth the criterias, conditions and timetables freely which will apply to the evaluation of the Member’s request regarding the publish of the advertisement which is formed in accordance with the Advertisement Program and shall publish such criterias and conditions in the Advertisement Program section within the Portal.
6.1.4. E-Commodity may cease the publication of the advertisement temporarily or permanently in case; the advertisements which are published in the Portal are unlawful or immoral, encroach third parties personal or commercial rights or subject to notifications thereof or do not comply directly or indirectly with the provisions of this agreement or terms and conditions of the Portal or in the event of the occurrence of the conditions stated in the Article 4.3 of the Agreement.
6.1.5. E-Commodity may enter into agreement with third parties for the advertisements and texts, images and contents of the advertisement of the Member to be viewed in other web-sites and search engines. The Member explicitly declares and accepts to grant authorization to E-Commodity Bazaar thereof.
6.1.6. The Member agrees, states and undertakes the irrevocable cohesive state mainly of the selections regarding the Advertisement Programs and every transaction and request he/she issues through the E-Commodity Member Account.
6.1.7. The Member agrees, states and undertakes that he/she is liable for every operation and transaction that he/she issued through the E-Commodity Bazaar Member Account, and he/she cannot claim any objections or exceptios on grounds of he/she did not issue such operations and transactions and cannot refrain from fulfilling his/her duties claiming the said exceptios or objections.
6.1.8. The Member accepts, states and undertakes not to perform any slanderous, commercially defamatory, threating, harassing or in any way illegal acts, not to use the Portal for unnecessary purposes and for excessive uploads and that the texts and images with obscene, pornographic or immoral contents will not be permitted to appear in the advertisements that are published in the Portal.
6.1.9. The Member shall only advertise and promote the goods and services with accurate and legally correct advertisements on the Portal. It is prohibited for the Member to give advertisements regarding goods and services of which he/she does not hold disposition rights. In case the Member fails to comply with this provision Sales Tenders, Purchase Tenders and Display Window Goods can without any notice suspend, cancel, forfend the Membership or terminate this Agreement unilaterally without any reimbursement.
6.1.10. The Member agrees, states and undertakes not to place any advertisements that are not in compliance with the current legislation including but not limited to the legislation concerning consumer protection, intellectual property, unfair competition and there are no statements and images such as photos or videos breaching the provisions of such legislation.
6.1.11. The Member accepts, states and undertakes to dully perform the necessary works and transactions stated by the E-Commodity Bazaar within the selected Advertisement Program.
6.1.12. The Member can publish his/her advertisements through the Portal on his/her own compartment with contents and information decided by the Member as explained in detail at the Sales Tenders, Purchase Tenders and Display Window Goods section. In order to publish such advertisement; the Member shall, apart from this agreement, agree, state and undertake to comply with the terms and conditions on the Sales Tenders, Purchase Tenders and Display Window Goods section.
6.1.13. The Member accepts, states and undertakes not to open more than one Member Account at the E-Commodity Bazaar with a different user name. E-Commodity Bazaar reserves the right to cancel the membership and terminate this Agreement unilaterally without any reimbursement; in case a Member that his/her membership has been terminated, detained or suspended before opens another or several E-Commodity Bazaar Member Account with a different user name in order to access to the Portal.
6.2. Additional Services
7. Advertising, Sale Supplies, Listing of the Prohibited Goods and Services
7.1. Supply or listing of some goods and services can be prohibited by the portal, within the frame of services given in portal by the “E-Commodity Bazaar”. The Prohibited goods and services can be published on the Portal provided that not in a restrictive manner. Supply, advertisement and listing of the goods and services, which the Member does not hold the disposition rights thereof ex parte is forbidden.
7.2. If the sale advertisements are given by the “Member” on portal for the goods and services which indicate as prohibited goods and services and in the event of being determined this case by the “E-Commodity Bazaar” , “E-Commodity Bazaar” reserves the right of preventing the list and advertisement related to prohibitted goods and services’ suppliying sales ,termination of membership of “Member” who supplies the prohibited goods and services, advertises and termination of the hereby contract without notice period.
7.3. “E-Commodity Bazaar” if necessary, may file a complaint or notification to public prosecutor’s office and relevant regulatory and supervisory agencies with the purpose of initiating the legal proceedings against the “Member” without having to notify the “Member” (especially in case of selling the stolen, contraband and imitation products)
"Member" accepts and undertakes not to hold “E-Commodity Bazaar” responsible in any capacity or claim for damages in the event of suffering a loss as a result of “E-Commodity Bazaar”’s claim and/or provision of information in relation to to the sales of prohibited goods and services
"Member" hereby accepts and undertakes in advance to cover the lawsuit liabilities of E-Commodity Bazaar including compensation and attorney’s fee that may occur in case of compensation claims made by third parties or institutions arising from the same reasons.
Member", admits and commits that all the goods he/she displays on “Portal” are subjected to customs procedures and released into free circulation in accordance with Repuclic of Turkey’s import regulations and regime, Customs Codes and legislation.
The Member accepts that the E-Commodity Bazaar is authorized to disclose confidential/private/commercial information of the users if requested by the government officials in compliance with the legal procedures and if E-Commodity Bazaar is obliged to provide such information regarding the current compulsory legislation and in such event the Member cannot claim for any damages whatsoever. E-Commodity Bazaar may disclose the Member’s information on the Portal within the scope permitted by the law. E-Commodity Bazaar may disclose the Member’s confidential information to third parties only within the scope of the confidentiality agreement. Confidentiality Agreement is an integral part of the Membership Agreement.
9.1. Intellectual Property Rights
The data accessed through the”Portal” or information legally provided by Members and this Portal’s (including but not limited to “E-Commodity Bazaar DATABASE", “E-Commodity Bazaar INTERFACE", design, text, image, html code (and other codes) all the elements (Hereinafter referred as “E-Commodity Bazaar”s works that are subject to Copyrights) belong to E-Commodity Bazaar and/or obtained by E-Commodity Bazaar from a third party under a license.
Members do not have the rights of reselling, processing, sharing, distributing, displaying the “E-Commodity Bazaar” services, “E-Commodity Bazaar” data and “E-Commodity Bazaar”s works that are subject to copyrights. Members neither do have the right to grant the others the access to “E-Commodity Bazaar” services or allow the others to use the same.
E-Commodity Bazaar may unilaterally and at its sole discretion amend the agreement any time by announcing at the Portal. The amended provisions will enter into force at the announcement date and the remainder shall continue to exist and to have effect and bear consequences. This agreement herein cannot be amended unilaterally by the Member.
9.3. Force Majeure
In the events that are considered as force majeure by law, E-Commodity Bazaar shall not be responsible for non-performance or late or incomplete performance of any of its duties set out by this agreement. This event and similar events shall not be considered as delay, incomplete performance or non-performance or default of E-Commodity Bazaar and no compensation under any name shall be claimed from E-Commodity Bazaar for these events. The term force majeure shall be construed as any inevitable event that is out of the relevant party’s reasonable control and that could not be prevented despite E-Commodity Bazaar’s due care, including but not limited to natural disaster, riot, war, strike, communication problems, infrastructure and internet malfunctions, improvements or work of improvements of the system and malfunctions, power outages that may occur as a result of these and bad weather conditions.
9.4. Governing Law and Settlement of Disputes
Turkish Law shall be applied. In case of a dispute Istanbul Arbitration Courts and Izmir Courts and Enforcement Offices are authorized.
9.5. Validity Of E-Commodity Bazaar’s Records
Member hereby accepts and guarantees that, in case of a dispute arising from this agreement, electronic and system records, commercial records, book entries, microfilm, microfiche, and computer records shall constitute binding, conclusive and exclusive proof. Member also accepts and guarantees that he/she releases E-Commodity Bazaar from tender of oath and this article is an evidential contract under the Article 193 of Code of Civil Procedure.
This agreement has come into force upon parties’ mutual agreement established by Member’s electronic acceptance.