HOME » Membership Agreement and Terms
1. Parties
This Membership Account Agreement has been electronically entered into between the Account Holder and Eşbah Yapı Yatırım A.Ş, located at “İkitelli Osb Mah. Atatürk Boulevard No:104/A Başakşehir Istanbul” (referred to as “Eşbah” in this agreement), in order to create membership accounts for sales or rental real estate ads, ongoing/completed/planned projects of Eşbah Yapı Yatırım A.Ş, pre-sale listings, and other real estate transactions, which are confirmed with two-factor authentication at www.esbahilan.com.tr.
2. Definitions
Portal: The website and/or mobile applications to be created, integrated with the services provided by Eşbah, consisting of the domain name www.esbahilan.com.tr and its subdomains.
Account Holder/User: The person who opens an account on the Portal and benefits from the services offered within the Portal under the defined conditions. The Account Holder is also considered a user.
Account: The page that becomes active after the completion of the Membership Account Form with correct and accurate information, the confirmation via both phone and email, the approval of the Membership Account Agreement and Privacy Agreement, and the notification made by Eşbah. The account will not be active until the account creation process is completed and the notification of account creation by Eşbah is received; the right and authority to be an Account Holder/User cannot be acquired. The Account Holder performs the necessary tasks and operations to benefit from the services offered on the portal, requests services from Eşbah, updates account information, and views reports regarding the services. The section where the Account Holder pledges that it will be used exclusively by them, accessible through a username and password, is part of the portal. The rights and obligations of the Account Holder are non-transferable to any third party. The Account Creation request can be rejected by Eşbah without giving any reason or additional terms and conditions may be requested. Eşbah reserves the right to close, suspend, or reject any requests for account creation from those whose accounts have been closed for any reason.
Eşbah Interface: The internet pages and mobile application screens/pages integrated with the internet pages that give commands to the computer program to perform any action through the portal; used for the Account Holder to view the content created by Eşbah and query from the Eşbah Database. These actions are protected under the Law No. 5846 on Intellectual and Artistic Works, and all intellectual rights belong to Eşbah.
Eşbah Database: The database owned by Eşbah, where the contents accessed within the Portal are stored, classified, queried, and accessed. It exclusively contains all project/real estate listings and information, and it is a database protected under the Law No. 5846 on Intellectual and Artistic Works, to which only Eşbah has the authority to access and manage.
Personal Data: Any information related to a natural person who can be identified or identifiable as per Article 3/d of the Personal Data Protection Law No. 6698 (KVKK) and includes special categories of personal data as listed in Article 6/1 of KVKK.
Special categories of personal data: Information regarding a person’s race, ethnic origin, political opinions, philosophical beliefs, religion, sect or other beliefs, clothing and attire, membership in associations, foundations or trade unions, health, sexual life, criminal convictions, and security measures, as well as biometric and genetic data, are classified as special categories of personal data.
3. Subject and Scope of the Agreement
The subject of this Membership Account Agreement is to determine the terms of benefiting from the services provided on the portal, as well as the rights and obligations of the parties. This agreement, including its annexes, and all notices, declarations, applications, and explanations made by Eşbah regarding the use, account, and services within the portal are included in the scope of this agreement. By accepting the terms of this Membership Account Agreement, the Account Holder agrees and undertakes to act in accordance with all declarations made by Eşbah related to usage, becoming an Account Holder, and the services provided within the portal.
4. Account Terms
4.1 To be a Membership Account Holder on the Portal, one must be of legal age and the account should not be temporarily suspended or closed under this Membership Account Agreement by Eşbah.
4.2 Eşbah may unilaterally terminate this Membership Account Agreement at any time without justification, without notice, and without any compensation, penalty, or other obligations, and may immediately enforce such termination, close the Account Holder's account, or temporarily suspend it.
For example, in cases where the Account Holder violates the rules specified in the portal, whether or not caused by the Account Holder’s fault, and/or in cases where the Account Holder poses a risk to Eşbah’s information security system, the account may be closed or temporarily suspended.
5. Rights and Obligations of the Parties
5.1 Rights and Obligations of the Account Holder
5.1.1 The Account Holder agrees and undertakes to act in accordance with the rules, declarations, all applicable laws, and ethical standards stated on the portal, and acknowledges and accepts the provisions of the Membership Account Agreement and all the terms and conditions on the portal.
5.1.2 The Account Holder acknowledges and undertakes that, in cases where Eşbah is required by applicable legal provisions to make disclosures to official authorities, Eşbah is authorized to disclose the Account Holder's confidential/private/personal data, special categories of personal data, and commercial information to official authorities, and therefore, the Account Holder will not demand any compensation from Eşbah under any name. Furthermore, if the Account Holder informs Eşbah of a claim by a person or institution alleging a violation of rights regarding the ads posted on the portal and intends to initiate legal action, Eşbah may share the Account Holder's name and surname with the relevant party.
5.1.3 The Account Holder is responsible for ensuring the security of the username and password used to access the Eşbah account and is obliged to use them exclusively and privately. The Account Holder must keep these details secret from third parties. The Account Holder is responsible for any material and/or immaterial damages caused to other Account Holders and/or Eşbah and/or third parties due to negligence or faults in this regard.
5.1.4 The Account Holder agrees and undertakes that the information and content provided by them on the portal are accurate and legally compliant, and that the publication of such information or the sale and display of products related to it on the portal does not create any legal violations under applicable laws. Eşbah is not obliged to verify the accuracy of the information and content submitted by the Account Holder or uploaded by them on the portal, nor can Eşbah be held responsible for any damages arising from inaccurate or erroneous information. For example, if the phone number or email provided during account creation belongs to a third party, Eşbah is not responsible. In such cases, if Eşbah suffers any administrative fine or reputational damage, the person(s) who entered the incorrect contact information in the system may be held liable for the damage.
5.1.5 The Account Holder may not assign this Membership Account Agreement or any part of the rights and obligations under it to any third party without Eşbah's written consent.
5.1.6 The Account Holder can perform actions on the portal with lawful purposes. The legal and criminal responsibility for every action performed by the Account Holder on the portal rests with them. The Account Holder agrees and undertakes not to reproduce, copy, distribute, process, transfer, or share on any other platform without Eşbah's written permission any images, texts, visual or audio materials, video clips, files, databases, catalogs, and lists on the portal that may infringe on the rights of Eşbah and/or other third parties, and not to engage in any unfair competition actions or processes either directly or indirectly. In case of violation, the account may be closed, and the Account Holder will be required to pay a penalty of three times the rental price for each rental ad and 10% of the sale price for each sale ad. The penalty will be calculated based on the higher of the rental or sales price, depending on the agreement. Paying the penalty does not release the Account Holder from their obligations, and the act of copying/sharing ads is not considered as approval of the violation.
5.1.7 Eşbah allows the Account Holder to view the content of the relevant ads and use the interface for this purpose only. Any attempt to access a specific number or all ads in the database, to copy ads, to publish them directly or indirectly on other platforms, to compile, process, or transfer them to another database, or to provide third-party access or use of such ads is strictly prohibited. Such actions are considered illegal, and Eşbah reserves the right to take necessary legal actions, including requesting penalties as per Article 5.1.6.
5.1.8 The Account Holder acknowledges and undertakes that Eşbah has no responsibility regarding defects in goods and services purchased from third parties. The Consumer Protection Law and other relevant legislation apply, and the responsibility for such claims lies with the relevant seller, and Eşbah is released from any responsibility and liability regarding these matters.
5.1.9 The Account Holder is required to immediately notify Eşbah of any changes in the information provided during account creation. If they fail to do so, Eşbah reserves the right to seek reimbursement for any direct or indirect damage incurred due to the failure to update such information.
5.1.10 The Account Holder is strictly prohibited from engaging in any activities that may threaten the security of the portal or Eşbah's systems, harm other users, disrupt the functioning of the portal or other software, overburden the system, access unauthorized parts of the system, copy, delete, or modify system information, or use malicious software. If such actions occur, Eşbah reserves the right to demand a penalty equal to 10% of the highest sales price of any ad listed on the portal per day.
5.2. Eşbah's Rights and Obligations
5.2.1. Eşbah agrees, declares, and undertakes to fulfill the services mentioned in this Membership Account Agreement within the conditions specified in the explanations provided on the websites related to these services and in this Membership Account Agreement, and to establish and operate the necessary technological infrastructure for the provision of the services specified in this Membership Account Agreement. The obligation to establish this technological infrastructure does not mean a commitment to provide unlimited and flawless services; Eşbah may, without notice, suspend or terminate the services and technological infrastructure defined by this Membership Account Agreement at any time.
5.2.2. Eşbah reserves the right to modify the services and contents provided on the portal at any time; it may also close or delete the information and content uploaded by the Membership Account Holder to the system, including third-party users. Eşbah may exercise this right without any prior notice or warning. The Account Holder is obliged to immediately implement any changes and/or corrections requested by Eşbah. If changes and/or corrections are deemed necessary, Eşbah may implement them. Any damage, legal, and criminal liabilities arising from the failure of the users to implement the requested changes and/or corrections on time shall be fully borne by the users.
5.2.3. Linking to the portal is prohibited. Eşbah is exclusively authorized for all project/real estate listings in its database. Eşbah assumes no responsibility for portals, websites, files, and content accessed through links on the portal or the services or products provided by these portals or websites.
5.2.4. Eşbah may remove content that is contrary to the operation of the portal, the law, regulations, the rights of others, the conditions of the Membership Account Agreement, personal data protection, or general moral rules at any time and in any manner. Eşbah may terminate the account of the Account Holder who has submitted such content without any notification. Eşbah may impose additional obligations on the Account Holder due to changes in regulations, and these obligations will bind the parties once the relevant regulation enters into force, regardless of whether it is published on the portal or not. Eşbah assumes no responsibility for the failure to publish such announcements. Any changes to the terms and conditions not arising from legal regulations will become effective upon publication.
5.2.5. Eşbah, its employees, and managers are not obligated to investigate and verify the lawfulness, accuracy, or truthfulness of the content provided by the Account Holder on the portal.
5.2.6. Eşbah operates as a Service Provider under the Law No. 5651 on the Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications. Eşbah does not guarantee that specific outcomes will be produced as a result of the execution of this Agreement. Eşbah does not make any declarations or commitments regarding the use of the portal, including but not limited to intellectual property rights violations and the accuracy of listing content. Eşbah also assumes no responsibility for delays, interruptions, or the non-performance of services under this Agreement due to maintenance, repair work, technical issues, or other causes.
5.2.7. Eşbah does not claim or guarantee that the portal and services are error-free, flawless, uninterrupted, or that they will meet the specific needs of the Account Holder. Eşbah may make any changes, updates, or similar work on the portal, and as long as the Account Holder continues to use the portal and services, they will be deemed to have accepted them as they are (As Is). Eşbah shall not be liable for:
which result in direct or indirect damage, loss of profit, loss of data, business losses, loss of reputation, loss of expected savings, disruption of business, or any other financial, moral, and material damages, including claims for compensation by the Account Holder or third parties.
5.2.8. If it is determined that the information provided during the Account Holder's application is insufficient, incorrect, outdated, misleading, or malicious, or if the account application has been previously rejected, or if complaints or negative comments are received regarding the Account Holder during the account's existence, Eşbah may terminate this agreement and close the account without notice or liability for compensation. Before closing the account, Eşbah may implement measures it deems appropriate for necessary investigations by Eşbah's authorized personnel. Eşbah has the sole discretion to make decisions regarding the Account Holder's information after the account is closed, temporarily suspended, or the Agreement is terminated for any reason.
5.2.9. Eşbah is not obliged to keep the mentioned website open 24/7. The Account Holder may not claim any rights, receivables, or compensation (including but not limited to loss of profit, income, etc.) from Eşbah due to partial or complete failure of the system, inaccessibility of the website/application, or similar issues.
6. Privacy Policy
6.1 Eşbah may use the information related to the Account Holder on the portal within the scope of this Account Agreement and the Privacy Policy, which is one of its annexes and an inseparable part of this Agreement.
6.2 Eşbah may use the information such as full name, phone number, email address, and other information requested during the Account Holder stage, which is outside the purpose and scope defined in the Account Agreement, in accordance with the conditions stipulated in the applicable legislation. Eşbah can use these for communication activities such as SMS, email, site notifications, marketing, research, and statistical analysis, or, if necessary, to contact the Account Holder. In accordance with the applicable legislation, Eşbah may transfer this data to the companies it collaborates with, who may process and use this data for improving website and marketing processes, creating a database, conducting market research, and related activities, provided that additional consents and clear approvals are obtained.
6.3 The personal data entered by the Account Holder on the portal, which may constitute personal data, are collected and processed by Eşbah within the scope of the Account Agreement to provide the functions of the Portal, services, and content. For detailed information regarding the Protection of Personal Data, please visit www.esbahilan.com.tr. Eşbah may make changes to its Personal Data Protection Policy and other policies, procedures, contractual provisions, and usage terms related to personal data at any time. These changes will enter into force immediately upon publication. The Account Holder is responsible for tracking these changes and cannot make any claims or demand compensation from Eşbah related to these changes.
6.4 The Account Holder is responsible for using the information accessed within the portal in accordance with the purposes for which they were disclosed, either by the Account Holder or Eşbah. The Account Holder acknowledges, declares, and undertakes that they are responsible for the protection, processing, transfer, and compliance with all obligations under the KVKK (Personal Data Protection Law) regarding any personal data of users or third parties. Eşbah is not responsible for any personal data outside of the required data collected for the website’s usage. The Account Holder agrees to compensate Eşbah for any damages caused due to violations of personal data protection obligations or processing of data that results in a breach, as per the decisions of the Personal Data Protection Authority or judicial authorities.
6.5 If the Account Holder is a resident of the European Union, they acknowledge and agree that the applicable legislation regarding the Protection of Personal Data will be the Turkish Law on the Protection of Personal Data No. 6698 and secondary regulations, and that the 95/46/EC Directive and the General Data Protection Regulation (GDPR), which entered into force in May 2018 in the European Union, will not apply. The Account Holder waives any rights to invoke conflict of law rules under Turkish Private International Law.
6.6 The Account Holder acknowledges that Eşbah has no control over personal data that becomes public through the Account Holder's published listings. Eşbah is not responsible for the recording, processing, or indexing of such data by Google or other search engines. The Account Holder agrees to direct any queries regarding data indexing or processing to the relevant search engine or indexing system operator, including but not limited to Google.
6.7 Eşbah may process sensitive personal data in exceptional circumstances. In such cases, explicit consent will be obtained from the data subject. The Account Holder acknowledges that Eşbah will not disclose sensitive personal data and will not be held responsible for any such disclosures.
7. Intellectual Property Rights
The information accessed on the Portal or provided by users in accordance with the law, including but not limited to the Eşbah Database, Eşbah interface, design, text, images, HTML code, and other codes, are the intellectual property of Eşbah and/or licensed by Eşbah from a third party. The Account Holder is not entitled to sell, process, share, distribute, or permit others to access or use any of Eşbah’s services or intellectual property. Through this Agreement, Eşbah grants the Account Holder a non-exclusive, non-transferable usage right for the sole purpose of benefiting from the services as per the terms of the Membership Account Agreement.
8. Changes to the Account Agreement
Eşbah may unilaterally modify this Membership Account Agreement at any time by publishing it on the portal. The amended terms of this Agreement will become effective upon publication if due to changes in legal regulations, or on the date of publication in other cases. The remaining provisions will remain in force and continue to apply. The Account Holder cannot unilaterally modify this Agreement.
9. Force Majeure
In case of force majeure events, Eşbah is not responsible for any delays or failure in fulfilling its obligations under this Membership Account Agreement. Such events include natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, maintenance or upgrades to the system, electricity outages, bad weather, and any other events beyond Eşbah's reasonable control, which cannot be prevented despite reasonable efforts.
10. Governing Law and Jurisdiction
This Membership Account Agreement will be governed by Turkish Domestic Law, excluding conflict of laws rules. In the event of any dispute arising from this Agreement, the courts and enforcement offices of Istanbul (Çağlayan) will have exclusive jurisdiction.
11. Effectiveness
This Membership Account Agreement and its annexes, as well as the rules and terms published on the Portal, shall enter into force electronically upon the Account Holder's electronic approval. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in force and continue to produce effects.
12. Final Provisions
12.1 The Account Holder acknowledges, declares, and undertakes that they have read, understood, and agreed to the Privacy Policy, the conditions and rules published on the Portal, and the terms of this Membership Account Agreement. They agree to act in accordance with the Agreement, its annexes, and the published conditions and rules.
