Turk-trade.net SERVICE PROVIDE AND USER AGREEMENT

1. PARTIES

This document is concluded as an agreement between İ.D.M LTD.-İhracatı Destekleme Merkezi (to be mentioned as “www.turk-trade.net” from now on) located in Fethiye M.Huzur St. Karasu Apt. Kat:4 D.No:7 Niülfer/BURSA and the Member.

This agreement allows the Member to reach the data-base of İ.D.M and make use of other rights defined below and granted to the members.

2. Turk-trade.net PORTAL AND SERVICES

Being presented by Turk-Trade. Net, Turk-Trade.net portal ( to be mentioned as ‘Portal’ from now on) is a meeting point at which the Members can announce their buying/selling products/services on their own pages by themselves, introduce their products/services, give information about their company, the sellers can list the products/services to be sold with prices and the buyers can learn the goods on sale so that they can send inquiries. Buyers can also list the products/services with the prices that they want to purchase. Besides, no matter buyer or seller, they can obtain the information, news and contents provided by Turk-Trade.net, Turk-Trade.net partners and third parties.

Portal provides a commercial platform for the companies and individuals. Turk-Trade. Net, cannot be hold responsible for the validity of the trade leads on the Portal, quality and safety of the products/services announced for sale and disputes on commercial agreements signed by buyers and sellers. Turk-Trade.net has no role and/or responsibility in the legal process between the buyers and the sellers.

3. SUBJECT OF THE AGREEMENT

The subject of this agreement, with its inseparable attachments, is to determine the nature and the features of the on-line services presented to the Members via Portal by Turk-Trade.net and to set the rights and responsibilities of the parties.

4. MEMBERSHIP TITLE

Those legal entities bearing the following qualifications exclusively and individually have the title ‘member’. Each legal entity signing this agreement accepts and declares guaranties bearing the following qualifications.

1. Has to be commercial/trading company established in accordance with the decrees of Turkish Trade Law on the date of signing and functioning during the agreement is in place.

5. CONTENT OF THE SERVICES

Turk-Trade.net ensures that the Member is allowed to make use of the services introduced in the 2^nd title and  Attach.1 – which is inseparable of the agreement – with the system access tools (password, username, etc.) given to him. Turk-Trade.net retains the right to demand extra payment for the services exclusive of this agreement and presenting them under other agreement circumstances.

6. AMENABILITIES OF TURK-TRADE.NET

Turk-Trade.net founds the necessary infrastructure for the services introduced within the 4^th title and assures their permanence with actuation.

7. AMENABILITIES OF THE MEMBER

The Member,

1. Not to attempt to do anything that will affect the regular process of the site or any program running on the Portal, not to use any software or equipment which will annihilate the system process or will cause any failure;
2. Not to violate and assail any third person’s patent, brand, copy rights, commercial limits, other intellectual properties, clarity and privacy.
3. Not to interfere and not to try to stop, change or capture any system, data, and personal information/data detrimentally.
4. Not to transfer, rent, cede or share the system access equipments (password, username, etc.) with third parties.
5. Not to perform any unlawful deeds such as denigration, detraction, aspersion, molestation and threaten.
6. Not to attempt to do anything that will  cause the infrastructure overloaded without excuse.
7. Turk-Trade.net’s having no responsibility in/about the legality, quality and reliability of the goods/services announced on the Portal, reality and accuracy of the listing and in the process of buyers’ buying and sellers’ selling; Turk-Trade.net cannot be held responsible for the loss of the Member who is harmed about any of these above matters.
8. Not to alienate the rights and amenabilities within the content of this agreement.
9. Not to allow disgraceful, immoral and/or pornographic issues broadcasted and the content of which not to be loaded on the Portal,
10. Not to make discrimination, unfair trade and/or factitious ads, baffling content not only limited with these, not to conduct against any legislation,
11. Not to perform any deeds such as releasing any kind of viruses or damnifying, interfering the system in contrast with law and the agreement, unauthorized access; against Turkish Criminal Code (TCK) and all other legal and criminal regulatory provisions.
12. That Portal Using Terms and Privacy Policy provisions are inseparable of this agreement;
13. That the information typed in the registration form is correct and accurate while using the Portal, and when/if these information is required (e.g. forgotten passwords) the Member will be held responsible for missing or inaccurate data; and that the membership may be ceased;
14. That all taxes, fees and financial amenabilities already arose and to arose are for the Member;

The Member accepts and declares to meet all loss of Turk-Trade.net in case the Member acts in contrast with this agreement.

8. AUTHORITY OF TURK-TRADE.NET

Turk-Trade.net, reserving the right to observe the Portal, to suspend or stop the services or information via the Portal at any time, will not be under any liability.

Turk-Trade.net, can change this agreement, wage tariff, privacy policy and Portal usage terms any time with a declaration broadcasted on the Portal. This agreement will be operative after 30 days of the changes of wage tariff and the items of privacy policy were declared.

9. COMPELLING REASONS

Turk-Trade.net cannot be held responsible for canceling and/or delaying its amenabilities due to reasons like natural disaster, rebellion, strike, communication problems, infrastructural malfunction (matters like internet and telecommunication are inclusive but not limited to them), earthquake, fire, float, similar disasters, decisions and deeds of the government, power outage, and such a delay and/or cancel cannot cause any amends for Turk-Trade.net.

Besides, the responsibility belongs to Turk Telekom and internet service provider if/when malfunctions of Turk Telekom and internet service provider are not repaired on time and Turk-Trade.net has no responsibility about this.

10. INTELLECTUAL PROPERTY

All information introduced on the Portal (design, text, image, html code and other codes are inclusive but not limited to them) and all elements of it (all works of Turk-Trade.net subject to copy rights) belong to Turk-Trade.net including all other intellectual rights. Turk-Trade.net allows its Members to use the works, services and information subject to copyrights as per the decrees of this agreement. The Member cannot sell, share, dispatch, exhibit or let some other/s access and/use the data introduced on the Portal subject to copyrights.

Members cannot multiply, distribute, and make/prepare any work related with them unless they get a written permission from Turk-Trade.net. Turk-Trade.net reserves the rights of Turk-Trade.net information, works subject to Turk-Trade.net copyrights, commercial brands and services of Turk-Trade.net, Turk-Trade.net commercial appearance or any other information provided via this site.

11. LEGALITY OF TURK-TRADE.NET RECORDS

The Member accepts, declares and guaranties that bookkeeping entries of Turk-Trade.net, microfilm, microfiche and computer records serve as binding, valid and definite proofs in case there occurs disputes arisen from this agreement; that Turk-trade.net is hold harmless; and that this agreement is a proof as per HUMK 287^th title.

12. ANNULMENT

If/When the Member acts against the decrees of this agreement, Turk-Trade.net can stop the membership service temporarily as well as it can annul the agreement immediately.

13. OPERATIVITY AND LENGTH OF THE AGREEMENT

This agreement becomes operative at the date mentioned in title 1 and is valid for 1 year. Unless it is annulled by any parties with a written document of public notary before 15 days of the end of the year (calculated from the date of signing the agreement), it becomes renewed between the parties naturally.

14. DECLARATION ADDRESS AND DECLARATIONS

The Member accepts and assures that the declarations made to the address written on this agreement will result as legal declarations do and the address changes will not be accepted unless Turk-Trade.net is informed with a written document taken from public notary.

Unless declared clearly in this agreement, all necessary or permitted declarations, denunciations, demands, approvals and all other communication will be in electronic or written form and will be faxed to the fax numbers of the parties below (to be affirmed by a fax receiving message) or will be sent to the e-mail address (to be affirmed by an e-mail receiving message). But, the declarations and denunciations related to the annulment of the agreement electronic communication will not be used; and one copy of such denunciations will be sent by certified mail or by courier in exchange of voucher for receipt to the legal abode addresses of the parties as per Title 1, on the date fax message sent. However, the declaration will be accepted as made on the fax sending day with a fax receipt affirmation. Proving the opposite is for the claiming party.

When/If there occurs any change in the contact details of the parties; each party will send a written document informing new details and the validity date of the new address, e-mail, phone or fax numbers to the other party. Declarations made to the old abode address, e-mail address or fax number will be legally accepted unless the other party is informed about the changes. The party which did not inform the other about the changes has to pay the loss of the other party – which is harmed because of not being informed about the changes - within 15 days after demanded.

15. DECREES TO BE APPLIED

Decrees of this agreement, and in case of not including related decree, Turkish Law ( BK, TTK, HUMK, MK, etc) will be applied when/if any dispute occurs because of the agreement.

16. AUTHORIZED COURT

Bursa Courts and execution offices are authorized for solving the disputes arisen by the application of this agreement.