[Unofficial English translation — provided for information purposes only. This is not a certified/sworn translation. In case of any discrepancy, the Turkish original prevails.]
1. PARTIES
This agreement has entered into force, on the date of its electronic approval, between, on one side, İlanpa Bilgi Teknolojileri Pazarlama Turizm ve Tic. Ltd. Şti., which operates the website İlanpa.com.tr, located at the address Cikcilli Mah. 220 Sk. Turka Sitesi A Blok No:1/C Alanya/Antalya (hereinafter referred to as “İLANPA”), and, on the other side, the natural person who creates an individual membership on the platform (hereinafter referred to as the “MEMBER”).
2. SUBJECT OF THE AGREEMENT
The subject of this agreement is to regulate the MEMBER’s membership to the İLANPA platform, the creation of a listing relating to their real property, the authorization-pending process, the digital authorization of a real estate office, the decision on sharing the listing on the MLS system, price-revision approvals, notifications, data-processing procedures, and the platform terms of use.
3. MEMBERSHIP AND OPERATING CONDITIONS
4. AUTHORIZATION AND TERMINATION
5. İLANPA’S DISCLAIMER OF LIABILITY AND THE RELATIONSHIP BETWEEN THE PARTIES
5.1. Intermediary Service Provider Status: İLANPA holds the position of “Intermediary Service Provider” pursuant to Law No. 6563 on the Regulation of Electronic Commerce. İLANPA is a platform provider that brings the MEMBER and the real estate offices together in a digital environment and provides the agreement-approval, recording, and notification infrastructure.
5.2. Disclaimer Clause: İLANPA is not a party to the Authorization Document between the MEMBER and the Office, and merely provides the parties with a digital approval mechanism. İLANPA has no liability whatsoever in any dispute arising or that may arise from any legal, commercial, or financial relationship (payment, commission, service quality, lease agreements, title-deed transactions, etc.) established by the MEMBER, through the İLANPA platform, with Real Estate Offices (Real Estate Institutions) in the capacity of buyer, seller, tenant, lessor, etc. As a rule, İLANPA is not a party to the underlying real-property sale/lease relationship between the MEMBER and the real estate office, to the substance of the commission relationship, to the title-deed transfer, or to the performance of the lease agreement. Nevertheless, İLANPA’s obligations arising from mandatory legislation — record-keeping, complaint review, intervention against unlawful content, ensuring personal-data security, and avoiding consumer-misleading transaction designs — are reserved. İLANPA holds the status of “Intermediary Service Provider” and “Hosting Provider” pursuant to Art. 9 of Law No. 6563, Art. 5/1 of Law No. 5651, and Art. 83 of Law No. 6502. In the authorization/commission relationship between the MEMBER and the real estate office, İLANPA is not a party to brokerage (Turkish Code of Obligations Art. 520 et seq.) or agency (Turkish Commercial Code Art. 102), and has no obligation to monitor content, investigate unlawfulness, or verify whether the parties have performed their obligations.
5.3. Resolution of Disputes: All consequences of the relationship established between the MEMBER and the Real Estate Office affect exclusively the MEMBER and the relevant real estate institution. İLANPA is not a party to, and may not in any way be held liable in, any legal, criminal, or financial dispute arising from this relationship.
5.4. Accuracy of Declarations and Member Responsibility: The MEMBER undertakes that every listing, data entry, and declaration they make on the platform in the capacity of buyer, seller, tenant, or lessor is accurate, current, and complete. The MEMBER is responsible for the accuracy of the listing, description, photographs, price, authorization, and ownership declarations they enter on the platform. İLANPA reserves the right to conduct a review, remove content, suspend it, or request additional documents in the event of manifest unlawfulness or a complaint.
The MEMBER undertakes not to upload to the system personal data, photographs, title-deed copies, or other legal documents belonging to third parties without the knowledge of the relevant person.
All legal, criminal, and financial liability arising from the MEMBER’s untrue, misleading, or deceptive declarations and acts, or those infringing the rights of third parties/institutions, belongs exclusively to the MEMBER. İLANPA may not be held liable for any direct or indirect damage suffered by third parties or by the real estate institutions on the platform on account of such declarations. İLANPA reserves the right, upon a written notice received from rightful third parties or official authorities, to review the unlawfulness of the content / its non-compliance with the Law on Intellectual and Artistic Works (FSEK) and to immediately remove or block it. The MEMBER is obliged to pay, immediately upon İLANPA’s first demand, all administrative fines and compensation arising from misleading declarations or copyright infringements.
5.5. Compensation and Right of Recourse: In the event that İLANPA suffers any damage (including, but not limited to, administrative fines, compensation payments, litigation costs, and loss of brand value) as a result of the MEMBER’s untrue listings on the platform, misleading declarations, or any act contrary to the tort and liability provisions of the Turkish Code of Obligations, the MEMBER is obliged to indemnify the said damage immediately. İLANPA’s right of recourse against the MEMBER for any and all payments and damages it incurs due to these wrongful acts of the MEMBER is reserved.
5.6. Duty to Report: The MEMBER is obliged to report to İLANPA IMMEDIATELY and IN WRITING all untrue, misleading, or unlawful information and transactions on the platform of which they are aware or which they newly learn. Otherwise, the MEMBER is liable for all of the damages described above.
5.7. Pursuant to Article 5/1 of Law No. 5651 on the Regulation of Publications Made on the Internet, İLANPA has no obligation to monitor the listing content published on the site.
6. INDIVIDUAL REFERRAL AND POINTS SYSTEM (REFERRAL BONUS)
6.1. Creation of the Referral Code: A unique referral code is automatically generated by the system for each Individual MEMBER who registers with the system. The MEMBER may bring new users to the system by sharing this code with third parties.
6.2. Conditions for Earning Points: The MEMBER earns “Referral Points” at the following rates for each new member they bring to the system through the referral code:
6.3. Referral Earnings Limit and Activation Condition: The referral chain is limited to a maximum of 1 tier; no earnings may be obtained from sub-chains. Earning points depends on the platform activation of the directly referred user:
– For an individual referral: the referred individual’s first listing entry + real estate office authorization + MLS sharing approval
– For a corporate referral: first membership + actual commercial expenditures (sponsored listing/office promotion, MLS transactions).
6.4. Earnings from Corporate Expenditures: From the sponsored-listing or sponsored-office expenditures made within the system by the corporate firm referred by the MEMBER, ongoing referral points are credited to the referring MEMBER. The earnings originate not from the number of new members, but from the actual service sales (marketing expense) on the platform.
6.5. Use of Points and Benefits: The MEMBER may use the referral points they accumulate (min. 5,000 points = TRY 5,000 in value) in the following ways:
The right to a discount/gift voucher at İLANPA business-partner firms (e.g., a Trendyol gift voucher code); the “list of business-partner firms” is published on the profile page and on the website.
Gift vouchers are promotional in nature and fall outside the scope of Art. 3 of Law No. 6493; they are not convertible to cash, not transferable, and not a means of payment (they do not involve fund storage/transfer).
These benefits are subject to the gift-card provisions of Art. 61 of Law No. 6502; a VAT invoice is issued upon delivery (20%), and the withholding under Art. 40 of the Income Tax Law is applied by İLANPA.
İLANPA reserves the right to unilaterally change, update, or remove the point rates, the campaign terms (limit: max TRY 5,000 per person per year, duration, partner), and the rules of use pursuant to Art. 26 and Art. 25 of the Turkish Code of Obligations; changes take effect prospectively, and the MEMBER’s vested rights (converted gift vouchers, etc.) are reserved.
6.6. Tracking and Monitoring: The MEMBER may track in real time, from the profile page, the use of the referral code, the direct referral activations (listing/authorization log), and the points earned.
6.7. Exception to the Pyramid-Selling Prohibition: This Referral System falls outside the scope of pyramid selling under Art. 80 of Law No. 6502; it is a 1-tier + activation/expenditure-based digital loyalty incentive. Participation is free of charge, and there is no obligation to find new members. The points are documented as a marketing expense in İLANPA’s commercial books. İLANPA reserves the right to change/remove the system or the point rates at any time upon prior notice; vested rights (points/gift vouchers ready for use) are reserved.
7. İLANPA’S TERMINATION AND RECOURSE RIGHTS
7.1. Unilateral Termination Authority: İLANPA may unilaterally terminate this agreement pursuant to Art. 25 of the Turkish Code of Obligations and Art. 19 of the Law on Consumer Protection (TKHK), in the presence of just causes such as situations threatening platform security, breaches of ethical rules, manipulation of the system, unauthorized use of personal data belonging to others, or fraudulent listings, by notifying the MEMBER in writing (by e-mail/system notification) of its reasons. In accordance with the principle of proportionality, termination begins first with a warning; in urgent risks it is applied immediately. The MEMBER is granted a right to object within 30 days from the date of termination. In this case, the MEMBER’s access to the platform is immediately blocked and their membership is terminated. In the event of termination for just cause, the MEMBER’s accumulated referral points and vested rights (if not yet used) may be cancelled by İLANPA.
7.2. Termination Due to Inactivity: In order to preserve the currency and efficiency of the portal, İLANPA may render passive the accounts of MEMBERs who do not log in to the system for a long time or have no active transactions; however, the legal retention periods arising from legislation (within the scope of Law No. 5651 and the Personal Data Protection Law - KVKK) are reserved.
7.3. Misleading Declarations and Indemnification of Damages: The MEMBER is exclusively liable for all direct and indirect damages (pecuniary and non-pecuniary) suffered by İLANPA, other members, or third parties as a result of the MEMBER making untrue, misleading, or third-party-deceiving declarations in the capacity of buyer, seller, or lessor. The MEMBER agrees to pay, immediately upon İLANPA’s first demand and together with its ancillary amounts, any administrative fine (RTÜK, Ministry of Trade, etc.) and compensation that İLANPA may have to pay for this reason.
7.4. Intellectual Property and Notice-and-Takedown: The MEMBER undertakes that they hold the intellectual property rights to the content (photographs, video, title deed, etc.) they upload to the system. İLANPA has the right to operate the notice-and-takedown procedure pursuant to Law No. 5651 and the Law on Intellectual and Artistic Works (FSEK). In applications made by third parties alleging an infringement of rights, İLANPA reserves the right to remove the content from publication and to share the MEMBER’s information (in the event of a legal request) with the competent authorities.
7.5. Right of Recourse: In the event that İLANPA suffers any damage or pays compensation due to the MEMBER’s acts, İLANPA has the right of recourse against the MEMBER for all amounts it has paid. The MEMBER agrees and undertakes to indemnify the said amounts, together with their ancillary amounts, immediately upon İLANPA’s first demand. İLANPA reserves the right, when exercising its right of recourse, to set off the MEMBER’s receivables or points (if any) in the system. Recourse claims are based on the causal link and are served on the MEMBER.
7.6. Unilateral Termination Authority: İLANPA may unilaterally terminate this agreement, by notifying the user of a summary of the reason, in the presence of just causes such as situations threatening platform security, breaches of ethical rules, manipulation of the system, unauthorized use of personal data belonging to others, or fraudulent listings, gross breach, data-security risk, deception, abuse, transactions threatening platform security, or a clear violation of legislation. In this case, the MEMBER’s access to the platform is immediately blocked and their membership is terminated.
7.7. Termination Due to Inactivity: In order to preserve the currency and efficiency of the portal, İLANPA may, upon prior notification, render passive the accounts of MEMBERs who do not log in to the system for a long time or who have no active listing/authorization transaction in the system; however, the retention obligations arising from legislation are reserved.
7.8. Misleading Declarations and Indemnification of Damages: The MEMBER is exclusively liable for all direct and indirect damages (pecuniary and non-pecuniary) suffered by İLANPA, other members, or third parties as a result of the MEMBER making untrue, misleading, or third-party-deceiving declarations in the capacity of buyer, seller, or lessor.
7.9. The MEMBER undertakes that they hold all intellectual and industrial property rights to the photographs, videos, and texts they upload to the system, and that these do not infringe the copyrights of third parties. For disputed content, İLANPA has the right to operate the notice-and-takedown procedure.
7.10. Right of Recourse: In the event that İLANPA suffers any damage, has to pay an administrative fine, or pays compensation to third parties due to the MEMBER’s acts contrary to the provisions of this agreement, the platform rules, or the legal legislation, İLANPA has the right of recourse against the MEMBER for all amounts it has paid and damages it has incurred. The recourse claims that İLANPA will direct at the MEMBER are limited to the damages having a causal link with the MEMBER’s faulty conduct.
8. CONFIDENTIALITY AND THE PERSONAL DATA PROTECTION LAW (KVKK)
The data-processing activities necessary for the conclusion and performance of the agreement are carried out within the scope of Art. 5/2 of the KVKK. For marketing, campaign notification, behavioral analysis, profiling, or non-mandatory data transfers, separate explicit consent — independent of service performance and based on free will — is obtained, and such consent may not be made a precondition (tying to the service) for benefiting from the platform’s core services (listing entry, etc.). The clarification text concerning the processing of personal data is presented to the user separately from this agreement.
In the event that the MEMBER approves the MLS sharing of the listing with the real estate office they have authorized, the personal data mandatory for carrying out this transaction may be transferred to the relevant offices. Which categories of data are transferred for which purposes is shown in the clarification text.
The MEMBER accepts that, in order for their transactions on the platform to be carried out, their data will be transferred to the authorized real estate offices and solution partners; and that this process is subject to the “Privacy and KVKK Text” located in the bottom-right corner of the site.
9. EVIDENTIARY AGREEMENT AND VALIDITY OF DIGITAL APPROVAL
9.1. The MEMBER accepts that all transactions they carry out by checking the “I Approve” box on the platform or by entering into the system the One-Time Password (OTP) sent to them constitute a valid declaration of intent and written evidence within the scope of Art. 520 of the Turkish Code of Obligations and Art. 193 of the Code of Civil Procedure.
9.2. The real-property sale/lease authorizations given by the MEMBER in the digital environment, via e-Government (EIDS) or using the İLANPA system infrastructure, are in the nature of a definite acknowledgment of debt that satisfies the written-form requirement between the parties.
9.3. The log records, time-stamped approval data, and IP addresses kept in the İLANPA system are exclusive evidence in disputes between the parties.
9.4. The parties accept that İLANPA’s records are in the nature of commercial books kept in accordance with the law.
9.5. Nature and Inseparability of the Digital Reconciliation Forms:
The digital reconciliation forms created on the platform for each individual listing/transaction (Annex 1, Annex 4, etc.) are documents containing commercial terms such as the property details, the authorization term, the commission rate ([Date Range], [Amount], [Rate]% + VAT — including the limit in Art. 20 of the Regulation on Real Estate Trade), price revision, and a penal clause. These forms are an inseparable part of, and an annex to, this agreement. The Member’s/Corporate Member’s approval of these forms in the digital environment (OTP, approval box, registered e-mail, etc.) is a binding, definite declaration of intent that satisfies the written-form requirement pursuant to Art. 520/3 of the Turkish Code of Obligations and constitutes conclusive evidence under Art. 193 of the Code of Civil Procedure. In the event of a conflict between the main agreement and the form, the provisions of the reconciliation form specific to the relevant listing/transaction prevail.
10. COMPETENT COURT
In any dispute arising from the application and interpretation of this agreement, Turkish Law shall apply; in disputes in which the MEMBER holds the capacity of consumer within the scope of Law No. 6502, the Consumer Arbitration Committees or Consumer Courts at the MEMBER’s place of residence are authorized and competent, according to the statutory monetary limits. In commercial disputes that are not in the nature of a consumer transaction, the court of the member’s place of residence as well as the Alanya Courts and Enforcement Offices are competent.
11. ENTRY INTO FORCE
The MEMBER shall be deemed to have accepted all the terms of this agreement at the moment they give the “I Accept the User and Membership Agreement” approval in the digital environment.
mesaj içeriği
