Terms of use
These Terms govern your access to and
use of our products and services, including those offered through our websites,
events, communications (e.g., emails, phone calls, and texts) and mobile
applications (collectively, the “Service”). By accessing or using the
Service, you are agreeing to these Terms, which form a legally binding contract. Content. “Content” Sites: 2.CHANGES TO THE TERMS: We may modify the Terms
from time to time. You understand and agree that your access to or use of the
Service is governed by the Terms effective at the time of your access to or use
of the Service. Even if we make material changes to these Terms,. You should
revisit these Terms on a regular basis as revised versions will be binding on
you. 4.USING THE SERVICE Our Right to Use Your Content: Ownership. Advertising: Other: 5.REPRESENTATIONS AND WARRANTIES B. You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to: 6.ADDITIONAL POLICIES AND TERMS A. Additional
Terms. Your use of the
Service is subject to any and all additional terms, policies, rules, or
guidelines that we may post on or link to from the Service (the “Additional
Terms”). All such Additional Terms are hereby incorporated
by reference into, and made a part of, these Terms. If you have a Business
Account, the Business Terms provided below apply to you. 7.ARBITRATION, DISPUTES, AND CHOICE OF LAW 1.EXCEPT
FOR EXCLUDED CLAIMS: ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE
THAT MIGHT ARISE BETWEEN YOU AND INSAATTAN (“CLAIMS”) MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU
AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER
ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND
INSAATTAN AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS
OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT
OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 8.TERMINATION 9.GENERAL TERMS ADDITIONAL TERMS FOR BUSINESS ACCOUNTS The following terms (“Business Terms”), in addition to the Terms of Service PLEASE READ THESE BUSINESS TERMS
CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO
RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE
REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. B.You represent and warrant that you will not, and will not authorize or induce any other party, to C.You understand and acknowledge that Insaattan allows consumers to: post Content
about your Business, including photos, ratings, and reviews. You understand and
acknowledge that Insaattan employs automated software in an effort to showcase
the most reliable and useful reviews while displaying other reviews less prominently. You understand and acknowledge that while Insaattan uses its
Software to identify potentially less helpful reviews, the Software may
sometimes suppress legitimate reviews or fail to detect illegitimate reviews.You understand and acknowledge that any purchase of advertising or other paid
features from Insaattan will not influence the Software or otherwise allow or
enable You, directly or indirectly, to alter reviews or impact whether, where,
or how reviews appear on Insaattan. The following Sections 2 and 3 apply if you are a resident of The federal LAW AND
CUNSUMER PROTECION ACT limits the liability of interactive computer services,
like INSAATTAN, for their role in publishing third-party Content, including
consumer reviews. Additionally, may require you to pay INSAATTAN’s attorneys’
fees if you attempt to impose such liability on INSAATTAN through legal
proceedings. 6- Fees and commission insaattan Company provides all users with services for listing real estate advertisements by applying fees to the listed advertisements and commissions due to Tan Construction Company from the accounts of users of sales and contracting companies, which begin by sharing half the commission and/or according to the agreement. Terms of usage of ads listing:
1.DEFINITIONS
A.parties“you and “your refer to you as user of the service A“user“ is someone who accesses or in any way uses the service “we.“us.“and“our“refer to Insaattan and its subsidiaries.
means
text, images, photos, audio, video, and all other forms of data or
communication. “Your Content” means Content that you submit or
transmit to, through, or in connection with the Service, such as ratings,
reviews, photos, videos, compliments, invitations,check-ins, votes, friending
and following activity, direct messages, and information that you contribute to
your user profile or suggest for a business page. “User Content” means
Content that users submit or transmit to, through, or in connection with the
Service. “Insaattan Content” means
Content that we create and make available in connection with the Service. “Third
Party Content” means Content that originates from parties other than Insaattan or its users, which is made available
in connection with the Service. “Service Content” means all of
the Content that is made available in connection with the Service, including
Your Content, User Content, Insaattan Content,
and Third Party Content.
means Insaattan’s
website (www.Insaattan.com and
related domains) and mobile applications. “Account” means any Consumer
Account or Business Account.
3. TRANSLATION:
We
may translate these Terms into other languages for your convenience.
Nevertheless, the Country Language version where the service is provided
governs your relationship with Insaattan, and any inconsistencies among the different versions will be
resolved in favor of the that country langauge version.
or otherwise harms minors; violates or advocates the violation
of any law or regulation; or violates these Terms.
We may use Your
Content in a number of different ways, including by publicly displaying it,
reformatting it, incorporating it into advertisements and other works, creating
derivative works from it, promoting it, distributing it, and allowing others to
do the same in connection with their own websites and media platforms (“Other
Media”). As such, you hereby irrevocably grant us
world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable,
transferable rights to use Your Content for any purpose. Please note that you
also irrevocably grant the users of the Service and any Other Media the right
to access Your Content in connection with their use of the Service and any
Other Media. Finally, you irrevocably waive, and cause to be waived, against Insaattan and its users any claims and assertions of moral
rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce,
distribute, modify, translate, remove, analyze, commercialize, and prepare
derivative works of Your Content.
As between you and Insaattan, you own Your Content. We own the Insaattan Content, including but not limited to visual
interfaces, interactive features, graphics, design, compilation (including, but
not limited to, our selection, coordination, aggregation, and arrangement of
User Content and other Service Content), computer code, products, software,
aggregate star ratings, and all other elements and components of the Service
excluding Your Content, User Content and Third Party Content. We also own the
copyrights, trademarks, service marks, trade names, trade secrets, and other
intellectual and proprietary rights throughout the world associated with the Insaattan Content and the Service, which are protected by
copyright, trade dress, patent, trademark, and trade secret laws and all other
applicable intellectual and proprietary rights and laws. As such, you may not
sell, license, copy, publish, modify, reproduce, distribute, create derivative
works or adaptations of, publicly display or in any way use or exploit any of
the Insaattan Content in whole or
in part except as expressly authorized by us. Except as expressly and
unambiguously provided herein, we do not grant you any express or implied
rights, and all rights in and to the Service and the Insaattan Content are retained by us.
Insaattan and its licensees may publicly display advertisements, paid
content, and other information nearby or in association with Your Content. You
are not entitled to any compensation for such advertisements. The manner, mode
and extent of such advertising are subject to change without specific notice to
you.
User Content
(including any that may have been created by users employed or contracted by Insaattan) does not necessarily reflect the opinion of Insaattan. Except as required by law, we have no obligation to
retain or provide you with copies of Your Content, and we do not guarantee any
confidentiality with respect to Your Content. We reserve the right to remove,
screen, edit, or reinstate User Content at our sole discretion for any reason
or no reason, and without notice to you. For example, we may remove a review if
we believe it violates theses terms. Except in accordance with Insaattan’s Verified License program, Insaattan does not attempt to verify any licenses a local
business or its representatives may have, and consumers should inquire about
any such licenses with the business directly. Businesses whose licenses have
been verified by Insaattan will have a “Verified License” badge displayed on their Insaattan business page.
We are under no obligation
to enforce the Terms on your behalf against another user. While we encourage
you to let us know if you believe another user has violated the Terms, we
reserve the right to investigate and take appropriate action at our sole
discretion.
A You represent and warrant that:
1.You
have read and understood Our terms and conditions.
2.You
have read and understood our privacy policy. If you use the Service outside of
the Turkey, you consent to having your personal data transferred to and
processed in Turkey; and
3.Prior
to attending any event listed on the Service, you have read and agree to Our
terms and conditions.
1.Violate
our Terms, including the Content Terms and Conditions.
2. Post
any fake or defamatory review, trade reviews with others, or compensate someone
or be compensated to post, refrain from posting, or remove a review.
3.Violate
any third party’s rights, including any breach of confidence, copyright,
trademark, patent, trade secret, moral right, privacy right, right of
publicity, or any other intellectual property or proprietary right.
4.Threaten,
stalk, harm, or harass others, or promote bigotry or discrimination.
5.Promote
a business or other commercial venture or event, or otherwise use the Service
for commercial purposes, except in connection with a Business Account in
accordance with theses Terms.
6.Send
bulk emails, surveys, or other mass messaging, whether commercial in nature or
not; engage in keyword spamming, or otherwise attempt to manipulate the
Service’s search results, review Recommendation Software (as defined in the
Business Terms below), or any third party website;
7.Solicit
personal information from minors, or submit or transmit pornography.
8.Violate
any applicable law.
9.Modify,
adapt, appropriate, reproduce, distribute, translate, create derivative works
or adaptations of, publicly display, sell, trade, or in any way exploit the
Service or Service Content (other than Your Content), except as expressly
authorized by Insaattan;
10.Use
any robot, spider, Service search/retrieval application, or other automated
device, process or means to access, retrieve, copy, scrape, or index any
portion of the Service or any Service Content, except as expressly permitted by
Insaattan.
11.Reverse
engineer any portion of the Service, unless applicable law prohibits this
restriction.
12.Remove
or modify any copyright, trademark, or other proprietary rights notice that
appears on any portion of the Service or on any materials printed or copied
from the Service;
13.Record,
process, or mine information about users;
14.Access,
retrieve or index any portion of the Service for purposes of constructing or
populating a searchable database of business reviews;
15.Reformat
or frame any portion of the Service;
16.Take
any action that imposes, or may impose, in our sole discretion, an unreasonable
or disproportionately large load on Insaattan’s technology infrastructure or otherwise make excessive traffic
demands of the Service;
17.Attempt
to gain unauthorized access to the Service, Accounts, computer systems or
networks connected to the Service through hacking, password mining or any other
means;
18.Use
the Service or any Service Content to transmit any computer viruses, worms,
defects, Trojan horses, malicious code, spyware, malware or other items of a
destructive or harmful nature;
19.Use
any device, software or routine that interferes with the proper working of the
Service, or otherwise attempt to interfere with the proper working of the
Service;
20.Use
the Service to violate the security of any computer network, crack passwords or
security encryption codes; disrupt or interfere with the security of, or
otherwise cause harm to, the Service or Service Content; or
21.Remove,
circumvent, disable, damage or otherwise interfere with any security-related
features of the Service, features that prevent or restrict the use or copying
of Service Content, or features that enforce limitations on the use of the
Service.
Copyright
and Trademark Disputes. You agree to follow
our terms and conditions, privacy policy & terms of service in
notifying us about copyright and trademark disputes concerning User Content.
You agree we may forward any notification sent pursuant to our Infringement
Policy to the user who submitted the User Content at issue.
A. If you are a resident of the Turkey or / and in the country where the service is provided:
2.“Excluded
Claims” means: (a) Claims brought by you or Insaattan that
could be brought in small claims court, if permitted by the rules of that
court, or (b) Claims related to intellectual property (like copyrights and
trademarks), violations of Insaattan’s Terms of Use (which, for clarity, are
governed by those terms), or a breach of Section 6 above (Representations and
Warranties). Excluded Claims may be brought in court. Any issues relating to
the scope and enforceability of the arbitration provision will be resolved by
the arbitrator. If any Claim cannot be arbitrated in accordance with this
provision, then only that Claim may be brought in court and all other Claims
remain subject to arbitration. Notwithstanding this paragraph, Business Claims,
as defined in Section 3 of the Additional Terms for Business Accounts, are
governed by that section.
3.Excluded
Claims and Claims that cannot be arbitrated must be brought in court. Turkey
law or / and where the service is provided will govern these Terms (to the
extent not preempted or inconsistent with federal law), as well as any such
Excluded Claim or Claim that cannot be arbitrated, without regard to conflict
of law provisions. You or Insaattan may seek relief in any small claims court
of competent jurisdiction. All other Excluded Claims and Claims that cannot be
arbitrated are subject to the exclusive jurisdiction in, and the exclusive
venue of, the state and federal courts located within Turkey or / and in the
country where the service is provided, and you consent to the personal
jurisdiction of these courts for the purpose of litigating any such Claim.
4.Arbitration
shall be administered by the Turkey Law and / or in the country where the
service is provided in accordance with itsConsumer Protection
Act then in effect. For more
information.Arbitration may be conducted in person, through the submission
of documents, by phone or online. The arbitrator may award damages to you
individually as a court could, including declaratory or injunctive relief, but
only to the extent required to satisfy your individual claim.
A.You
may terminate the Terms at any time by closing your Account, discontinuing any
access to or use of the Service, and providing Insaattan with a notice of
termination.
B.We
may close your Account, suspend your ability to use certain portions of the
Service, terminate any license or permission granted to you hereunder, and/or
ban you altogether from the Service for any or no reason, and without notice or
liability of any kind. Any such action could prevent you from accessing your
Account, the Service, Your Content, Service Content, or any other related
information with no right of any claims or refunds.
A.We
reserve the right to modify, update, or discontinue the Service at our sole
discretion, at any time, for any or no reason, and without notice or liability.
B.The
Terms contain the entire agreement between you and us regarding the use of the
Service, and supersede any prior agreement between you and us on such subject
matter. The parties acknowledge that no reliance is placed on any
representation made but not expressly contained in these Terms.
C.Any
failure on Insaattan’s part to exercise or enforce any right or provision of
the Terms does not constitute a waiver of such right or provision. The failure
of either party to exercise in any respect any right provided for herein shall
not be deemed a waiver of any further rights hereunder. The Terms may not be
waived, except pursuant to a writing executed by Insaattan.
D.If
any provision of the Terms is found to be unenforceable or invalid by an
arbitrator or court of competent jurisdiction, then only that provision shall
be modified to reflect the parties’ intention or eliminated to the minimum
extent necessary so that the Terms shall otherwise remain in full force and
effect and enforceable.
E.The
Terms, and any rights or obligations hereunder, are not assignable,
transferable or sublicensable by you except with Insaattan’s prior written
consent, but may be assigned or transferred by us without restriction. Any
attempted assignment by you shall violate these Terms and be void.
F.You
agree that no joint venture, partnership, employment, agency, special or
fiduciary relationship exists between you and Insaattan as a result of these
Terms or your use of the Service.
G.The
section titles in the Terms are for convenience only and have no legal or
contractual effect.
above, govern your access to and use of your Business Account.
In the event of any conflict between these Business Terms and the Terms of
Service, the Business Terms apply. If you have purchased products or services
from Insaattan on behalf of your business (e.g., advertising or business
tools), the terms of that purchase apply in the event of any conflict with
these Business Terms. Capitalized words used but not defined in these Business
Terms have the meanings described in the Terms of Service. By creating,
accessing, or using your Business Account, you are agreeing to these Business
Terms and concluding a legally binding contract with Insaattan. You are not
authorized to create, access, or use a Business Account if you do not agree to
these Business Terms.
In the event of any termination of these Business Terms, whether
by you or us, these Business Terms in their entirety will continue in full
force and effect.
1.REQUIREMENTS, REPRESENTATIONS AND WARRANTIES
In order to access or use the Services, you agree that:
i.you
have the authority to act on behalf of the business or businesses associated
with or claimed through your Business Account and bind any such business
(including any corresponding business entity) to the Business Terms (such
business or businesses, your “Business”);
ii. your
Business complies with applicable laws and does not offer, advertise, sell, or
lease illegal products and/or services;
iii. you
grant Insaattan a non-transferable, non-exclusive, royalty-free limited license
to display your public website on the Services, or allow for its display
through iframes or other framing technology your access to or use of the Insaattan
Site will only be in your capacity as an authorized representative of your
Business
iv. you agree that we may contact you, including by phone or email, using the contact
information you provide us, make publicly available, or that we have on record
for your business, and that our communications (including phone calls) with you
may be monitored and recorded for quality purposes
v. you
understand that we may display health score information for your Business, and
may place a Consumer Alert regarding that health score, on Insaattan page for
your Business
vi. you
understand and agree that we may share certain aggregate or otherwise
deidentified information about your responses to Request a Quote leads with
other Businesses, for example, the number of total Businesses responding to the
lead and the speed of those responses; and
vii. you
understand and acknowledge that non-disparagement clauses in certain consumer
contracts, such as clauses that seek to restrict or prohibit reviews (including
provisions that penalize consumers for posting reviews) about your Business,
are prohibited under Turkey law and / or in the country where the service is
provided and you agree that you will not include such clauses in your consumer
contracts, or otherwise attempt to enforce non-disparagement clauses against
consumers under any circumstances. You understand that we may publicly notify
consumers, including by placing a Consumer Alert on the Insaattan page for your
Business, if we have a good faith belief that such clauses are used by your
Business.
i.offer
incentives of any kind, such as discounts, freebies, refunds, gift cards,
contest entries, offers, or deals in exchange for the posting of reviews of
your Business, or to prevent or remove reviews, and you understand and acknowledge
that Insaattan, through its Consumer Alerts, may publicly notify consumers
about such incentives and other attempts to obtain, prevent, or remove reviews;
ii.solicit
or ask for reviews from your customers;
iii.write
reviews or vote on Content (e.g., voting user reviews as useful, funny, or
cool) for your Business or your Business’s competitors;
iv.pay
or induce anyone to post, refrain from posting, or remove reviews, or otherwise
attempt to circumvent Insaattan’s Recommendation Software (defined below) or fraud
detection systems;
v.attempt
to generate automated, fraudulent, or otherwise invalid ad impressions,
inquiries, conversions, ad clicks, or other actions;
vi.use
any automated means or form of scraping or data extraction to access, query or
otherwise collect Insaattan data, content and/or reviews from the Consumer Site
or the Business Site, except as expressly permitted by Insaattan in writing.
vii.use
any Insaattan trademark or service mark in any manner without Insaattan’s prior
written consent; or
viii.misrepresent
your identity or affiliation to anyone in connection with Insaattan.
the Turkey and / or in the country where the service is provided:
2.DISCLAIMERS AND LIMITATIONS OF LIABILITY:
3.ARBITRATION, DISPUTES, AND
CHOICE OF LAW FOR
CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM BROUGHT BY YOU OR INSAATTAN.Except
for Excluded Business Claims, any controversy or claim arising out of or
relating to: (a) these Terms, or the breach thereof; or (b) your access to or
use of your Business Account Business Site; (each such controversy or claim, a
“Business Claim”), shall be settled by arbitration administered by the Turkey
Courts and / or in the country where the service is provided in accordance with
its Commercial Arbitration Rules and judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof. The
arbitrator will issue a reasoned award in writing, including all findings of
fact and law upon which the award was made. The arbitrator will not have the
power to commit errors of law, and the award may be vacated or corrected
through judicial review by a court of competent jurisdiction under the Turkey
LAW and / or where the service is provided for any such error. “Excluded
Business Claims” means Claims related to intellectual property (like
copyrights and trademarks) or violations of Section 6 of the Terms of Service
(Representations and Warranties).Business Claims shall be
heard by a single arbitrator. Arbitrations will be held in Turkey and / or in
the country where the service is provided, but the parties may choose for
themselves whether to appear in person, by phone, or through the submission of
documents. The arbitration shall be governed by the laws of Turkey and / or
where the service is provided. The prevailing party shall be entitled to an
award of reasonable attorneys’ fees
Properties Agents, affiliate, and Legal Consultant:
1- Required Qualifications and Representations:
The
above-mentioned parties must be a real estate broker and/or agent, Legal
consultant, with an active license to perform the real estate work duties each
as per their area of specialty or/and experience related to the real estate Sector,
and maintain a permanent business presence in Insaattan Platform. You are
requested to represents that he/she meets such qualifications.
2- Work process and comply to Platform terms of use and other related:
A. Registration:
1-You are requested to register in
the platform and to fill all information.
2-To send to “info@insaatan.com” the
certification or/and curriculum vitae “CV” related to your area of specialty in
real estate.
3-The profile will be checked and
verified by Insaattan for final approval and platform listing.
4-Any missing information the profile
submission will be neglected.
5-Insaattan platform reserve the
right to hold, hide or cancel your listing and subscription anytime and without
reason.
B. Assignments and Transparency:
1-Once your profile approved and listed you will be assigned by Insaattan directly or by its users to escort a client for a property tours to a certain projects and properties.
2-You may agree or refuse the assignment to escort the client for a properties tour through your platform control panel “Taking into consideration that any refusal without a proper reason might affect your valuation as agent with Insaattan”
3-A professional behavior is highly required while dealing with Insaattan clients.
4-You agree not to enforce or/and ask the client for any extra charges or fees or commission rather or more than the mentioned in the property offer or as per requested by Insaattan.
5-You are not entitled for any money receivable from the client at all and by any mean.
6-The financial settlement payment
will be done after finalizing the deal.
7.You are not entitled to any salary,
fees, or /and compensation for any kind by Insaattan or its parties.
8-You are requested to inform
Insaattan with all and any direct contact between Insaattan client and you.
9-Any deal or agreement is done by
using the information or tools published by Insaattan will be legally
applicable for a financial claim and compensation (For example and not limited
to: refusing a property tour and then contacting Insaattan client), you agree
to pay any claim may requested by Insaattan in case of such breach of terms.
3- Proprietary Data Compilations
As a result of the platform terms
of use, all parties will have access to certain information concerning
Homeowners, properties, and projects. While portions of such data may be
public knowledge, the compilation thereof into databases by Insaattan Platform,
is inherently valuable and constitutes proprietary data compilations
(“Proprietary Data Compilations”). Affiliate will not misuse, misappropriate,
or disclose in writing, orally or by electronic means, any Proprietary Data
Compilations, directly or indirectly, to any other person or use them during
the term of this Agreement, or after its conclusion, except in furtherance of
the marketing of real property anticipated by these terms of use. All files,
documents, software, and similar items, whether existing physically or in
electronic format, that contain or pertain to Insaattan platform Proprietary
Data Compilation are and will remain the property of Insaattan platform. All
parties agrees not to make and keep copies of any confidential or Proprietary
Data Compilation for personal or professional use outside those uses
anticipated by this Agreement and any Rules.
4- Entirety of rules and regulations.
This Terms of use and all written
Rules established by Insaattan contain all of the covenants and agreements
between the parties with respect to that Services. No other agreements, oral or
written, exist between the parties to this terms of use with respect to the
subject matter hereof.
5- Law Governing these terms.
This
Agreement is governed by and is to be construed in accordance with the laws of the
country of turkey and / or in the country where the service is provided.
