Membership Agreement and Terms of Use

1. Parties

This Karaport Membership Agreement and Terms of Use (“Agreement”) consists of this Agreement and the documents referred to herein, which constitute an integral part of this Agreement:

1. Information Disclosure and Consent Text Regarding the Processing of Personal Data and the Personal Data Protection Law (KVKK) Legislation
2. Privacy and Security Policy
3. Cookie Policy
4. Karaport Listing Rules, Listing Creation, Offering for Sale, Listing, Prohibited Products and Services
5. Store Opening and Usage Rules
6. User Profile Regulations, Changes and Explanations (all statements and announcements regarding the use of services provided within the Portal)

(All documents listed above shall collectively be referred to as the “Agreement”.)

This Agreement has been mutually accepted and entered into force between:

Karaport CNC Takım Tezgahları ve Bilişim Teknolojileri Makina Sanayi Dış Ticaret Limited Şirketi, having its registered address at:

Halil Rıfat Paşa Mahallesi, Perpa Ticaret Merkezi, B Blok, Kat:12, No:2234, Şişli / İstanbul, Turkey

registered with Trade Registry Number 350670-5

(hereinafter referred to as “KARAPORT”)

and the “Member”, upon the Member’s electronic acceptance during the registration process on the website www.karaport.com.

This Agreement regulates the obligations to be fulfilled by individual and corporate users who wish to benefit from the services provided through the www.karaport.com Portal for purposes including, but not limited to:

• submitting offers for purchasing, selling and/or supplying products, goods and services,
• publishing listings,
• promoting companies, products or services,
• accessing commercial or current industry-related information,

as well as determining the mutual rights and obligations of the parties.

2. Definitions

For the purposes of this Agreement, the following terms shall have the meanings stated below:

Website (briefly “Portal” or “Site”)

The internet website operating under the domain name www.karaport.com and all subdomains connected to this domain.

Preparing Company

Karaport CNC Takım Tezgahları ve Bilişim Teknolojileri Makina Sanayi Dış Ticaret Limited Şirketi

(hereinafter referred to as “Karaport”).

Content

Any information, text, files, images, videos, numbers and all visual, written and audio materials published and accessible through the Portal.

Link

A connection provided through the Portal that enables access to the Portal itself, another website, files, content or enables access from another website to the Portal, files or content.

Visitor

Any person who accesses www.karaport.com without registering as a Member, uses the services provided without becoming a Member, or only reviews the information available on the Site for informational purposes.

User

Any natural person or legal entity accessing www.karaport.com online, including Visitors and Members.

Member

Any natural person or legal entity who registers on the www.karaport.com Portal and benefits from or reviews the free or paid company, product and service offerings provided within the Portal under the conditions specified in this Agreement, and interacts with the Website in any manner.

Individual Member

A User who registers on the Portal and benefits from the services provided within the Portal under the specified conditions without pursuing professional or commercial activities.

Corporate Member

A User who registers on the Portal and benefits from the services provided within the Portal under the conditions specified in this Membership Agreement and carries out commercial activities.

Karaport Service System (briefly “Service”)

All free and paid services and benefits provided by KARAPORT within the scope and conditions specified in this Agreement, offered to Members and Users through the Website.

The Service includes the applications developed by KARAPORT to enable Members to perform their transactions and activities defined within this Agreement through the Portal.

KARAPORT may modify, update or adapt its Services and applications within the Portal at any time in order to allow Members to perform their transactions more effectively.

The rules and conditions applicable to such modifications and adaptations shall be announced to Members through the relevant service information pages available on the Portal.

Karaport Listing Service

A system enabling Members to create listings through the Karaport infrastructure by uploading images, product/service details, location information and their own contact information regarding products or services offered for sale or rental.

Karaport Promotion Service (Doping Service)

A system designed to increase the visibility and attractiveness of machine listings by highlighting, promoting, moving listings to higher positions or displaying them in various areas of the Website and related pages in order to attract potential buyers and increase visitor traffic.

Karaport Trade Service

A service provided by KARAPORT within the conditions specified in this Agreement regarding payments required for purchasing listing promotion services and opening virtual stores between the Website and Users or Members.

Karaport Account

The bank account managed by KARAPORT for the execution of payment obligations related to the Karaport Trade System.

Karaport Membership Account

A Member-specific online account accessed through the Website using a username and password determined exclusively by the Member.

Through this account, Members may:

• benefit from Portal services,
• submit requests to KARAPORT regarding membership-related matters,
• update membership information,
• view reports related to provided services,
• manage listing and service transactions.

The Member undertakes that the username and password shall only be used personally and exclusively by the Member.

Listing Programs

The listing options offered by KARAPORT within the Portal and generally described in Section 4 of this Agreement, including detailed information regarding:

• technical features,
• placement within the Portal,
• publication duration,
• prices,
• payment conditions,

which allow Members to select and personalize their preferred listing services.

Karaport Database

The database owned by KARAPORT where contents accessible through the Portal are stored, categorized, searched and accessed.

This database is protected under the Turkish Law on Intellectual and Artistic Works No. 5846.

My Private Page

A Member-specific page accessible only through the username and password determined by the Member, where the Member can:

• manage transactions required to use Portal applications and Services,
• enter personal information and preferences,
• provide requested information depending on the application used.

Personal Data

Any information relating to an identified or identifiable natural person, including special categories of personal data specified under Article 6/1 of the Turkish Personal Data Protection Law No. 6698 (KVKK), as defined under Article 3/d of the KVKK.

Karaport Interface

The internet pages and software interfaces protected under the Turkish Law on Intellectual and Artistic Works No. 5846, used by Users primarily to view content created by Members and search the Karaport Database.

All intellectual property rights regarding these designs and interfaces belong exclusively to KARAPORT.

3. Subject Matter and Scope of the Agreement

The subject matter of this Agreement is to determine the services provided through the Portal, the conditions for benefiting from these services, and the mutual rights and obligations of the parties.

The scope of this Agreement consists of this Agreement and its annexes, together with all notices, statements, explanations, rules and announcements regarding the use of the Portal, membership and services provided by KARAPORT within the Portal.

By accepting the provisions of this Agreement, the User also accepts all statements, notices, explanations and rules regarding the use of the Portal, membership and services announced by KARAPORT within the Portal.

The User agrees, declares and undertakes to act in accordance with all matters and conditions specified in such statements and announcements.

4. Membership and Conditions Regarding the Use of Karaport Portal Services and Obligations

4.1. Membership

Membership is completed when the User who wishes to become a Member completes the membership registration form available in the relevant section of the Portal, provides the required address and contact information, confirms the accuracy of such information, completes the registration process by paying the applicable fee if the requested service is a paid service, and receives approval from KARAPORT.

Until the membership process is completed, the User shall not have the rights and authorities granted to a “Member” as defined under this Agreement.

4.2. Membership Requirements

In order to become a Member of the Portal, the following conditions must be fulfilled:

• The User must be legally of age.
• For legal entity Members, the applicant must be authorized to represent and bind the relevant legal entity.
• The User must not have been temporarily suspended, permanently banned or removed from membership by KARAPORT within the scope of this Agreement.

Applications made by persons who are not legally of age, persons who are not authorized to represent a legal entity, or persons whose membership has previously been suspended, terminated or permanently restricted by KARAPORT shall not grant membership rights, even if the registration process has been completed.

4.3. Termination, Suspension and Restriction of Membership

KARAPORT reserves the right to terminate this Agreement unilaterally, suspend or terminate a Member’s account, or temporarily restrict access to membership services, immediately and without providing any reason, prior notice or compensation obligation.

Such decisions may be made by KARAPORT at its sole discretion in cases including, but not limited to:

• violation of this Agreement,
• violation of Portal rules,
• detection that the Member’s activities or the consequences arising from such activities create a risk according to KARAPORT’s information security systems,
• commercial decisions taken by KARAPORT,
• assessment by KARAPORT that a legal risk has arisen or may arise.

The termination, suspension or restriction decisions specified in this article shall be effective immediately upon KARAPORT’s decision.

5. Rights and Obligations

5.1. Rights and Obligations of Members and Users

5.1.1.

Users and Members may only perform transactions on the Portal for lawful purposes.

All legal and criminal responsibility arising from any transaction, action or activity performed by Users and Members within the Portal belongs exclusively to the relevant User or Member.

The Member agrees, declares and undertakes that while completing membership procedures, benefiting from Portal services and performing any transaction related to Portal services:

• they shall comply with all conditions stated in this Agreement,
• they shall comply with the rules and announcements specified in the relevant sections of the Portal regarding the services used,
• they shall comply with all applicable legislation,

and that they fully understand and accept these conditions.

5.1.2.

The Member accepts that KARAPORT may disclose confidential, private or commercial information belonging to Users to official authorities when legally required to do so under mandatory legal provisions and upon a duly submitted request from authorized public institutions.

The Member agrees that no compensation claim may be made against KARAPORT under any name or title due to such disclosure.

Apart from these circumstances, if a third party claims that a listing published by a Member on the Portal violates third-party rights and informs KARAPORT that legal action will be initiated, or if one of the parties involved in a dispute between Users and/or Members notifies KARAPORT of their intention to pursue legal proceedings;

KARAPORT may provide the relevant Member’s:

• name,
• surname,
• address,
• IP address information,

to the opposing party.

5.1.3.

Members are solely responsible for ensuring the security of the username and password used to access their Karaport Membership Account.

Members undertake that:

• usernames and passwords shall be kept confidential,
• they shall not be shared with third parties,
• they shall only be used personally by the relevant Member.

Members shall be responsible for all damages suffered or likely to be suffered by other Members, KARAPORT and/or third parties due to any negligence, fault or failure regarding the security, protection and exclusive use of their username and password.

5.1.4.

The Portal operates based on the principle that contents uploaded by Members into the Karaport Database are displayed to Users.

Members accept and undertake that:

• all information and content provided by them within the Portal are accurate and lawful,
• publication of such information and content on the Portal,
• display, promotion or sale of products related to such content,

shall not violate applicable legislation.

KARAPORT does not guarantee or undertake the accuracy, reliability, security or legality of any content displayed by Users.

KARAPORT shall not be responsible for investigating, verifying or guaranteeing that information, images, descriptions or other content uploaded, modified or provided by Members are accurate, secure or legally compliant.

KARAPORT shall not be held responsible for any damages arising from inaccurate, incomplete or incorrect information provided by Members or from the publication of such content.

5.1.5.

Users and Members shall not transfer, assign or otherwise delegate this Agreement or any rights and obligations arising from this Agreement, partially or completely, to any third party without the prior written consent of KARAPORT.

5.1.6.

Users and Members shall immediately fulfill any modification, correction or amendment requests requested by KARAPORT.

Where deemed necessary, KARAPORT may directly make such modifications or corrections.

Users and Members shall be solely responsible for all legal, financial and criminal consequences arising from failure to fulfill such requests within the required period.

Each Member and User agrees and undertakes that they shall not:

• copy,
• reproduce,
• distribute,
• process,

or upload to the Portal any images, texts, visual or audio materials, video files, databases, catalogues or lists that may constitute an infringement of KARAPORT’s or any third party’s tangible or intangible rights.

Members further agree not to engage, directly or indirectly, in competition with KARAPORT through such actions or any other means.

KARAPORT shall not be held directly or indirectly responsible for any damages suffered by third parties due to activities carried out by Members in violation of this Agreement or applicable laws.

5.1.7.

KARAPORT allows Users to access and view listings published on the Portal solely for the purpose of obtaining information regarding the relevant listings and using the Karaport Interface.

Except for this purpose, Users are not permitted to:

• access a certain number of listings or the entire listing database through automated or manual methods,
• copy listings,
• publish listings on other platforms directly or indirectly,
• collect, compile or process listing information,
• create links to KARAPORT listings or database content.

Any use of the Karaport Database beyond the permitted scope stated in this Article shall constitute an unlawful act.

KARAPORT reserves all rights to initiate necessary legal actions, claims and proceedings against persons violating this provision.

5.1.8.

The Karaport Database and all information contained therein may not be copied, transferred to another database, made available to third parties or used by third parties partially or completely without the prior written consent of KARAPORT.

5.1.9.

KARAPORT shall not be responsible for services provided or content published by third parties, including Users and Members, within the Portal.

The accuracy, legality and reliability of information, content, images, audio materials or other materials provided and published by third parties shall be the sole responsibility of the person providing such content.

KARAPORT does not guarantee or undertake the security, accuracy or legal compliance of services and content provided by third parties, including Members.

5.1.10.

Users and Members agree and undertake that they shall not:

• engage in activities constituting unfair competition under the Turkish Commercial Code,
• damage the commercial reputation of KARAPORT or third parties,
• violate personal rights,
• conduct activities that may harm the reputation, commercial interests or rights of others.

Members acknowledge that they are responsible for fulfilling all legal obligations and procedures required under applicable legislation as advertisers, sellers, taxpayers or similar capacities regarding transactions performed through the Portal.

KARAPORT shall have no authority or responsibility regarding such obligations.

Members shall be responsible for all damages suffered or likely to be suffered by KARAPORT, other Members or third parties due to failure to fulfill such obligations.

5.1.11.

Users and Members are obligated to use information accessed through the Portal only for the purposes disclosed by the Member who provided such information or by KARAPORT.

5.2. Rights and Obligations of KARAPORT

5.2.1.

KARAPORT agrees and undertakes to provide the services specified under this Agreement within the conditions stated in the explanations available in the Karaport Membership Account and under the provisions of this Agreement.

KARAPORT shall establish and operate the necessary technological infrastructure required for providing the services, subject to the conditions stated under Article 4 of this Agreement.

However, the obligation to establish technological infrastructure does not constitute an unlimited or uninterrupted service guarantee.

KARAPORT provides a digital platform that enables Users and Members to interact with each other.

KARAPORT shall not act as a mediator and shall not be responsible for disputes arising between Users.

KARAPORT reserves the right to suspend or terminate its services and technological infrastructure at any time without prior notice.

5.2.2.

KARAPORT reserves the right to modify the services and contents provided through the Portal at any time.

KARAPORT may restrict access to or remove information and content uploaded by Members from the system, including access by all Portal Users.

KARAPORT may exercise these rights without prior notification or notice period.

5.2.3.

The Portal may contain links directing Users to websites, portals, files or content owned and operated by third parties beyond KARAPORT’s control.

Such links may be provided by Members or by KARAPORT solely for convenience and reference purposes.

These links do not constitute any endorsement, guarantee or representation regarding:

• the linked website,
• the owner/operator of such website,
• the services,
• products,
• information or content provided through such websites.

KARAPORT shall not be responsible for any websites, portals, files, content, products or services accessed through such links.

5.2.4.

KARAPORT may use information and content provided by Users and Members through the Portal:

• for Member security,
• fulfillment of its obligations,
• statistical analysis,
• service improvement purposes,

in accordance with this Agreement, Privacy Policy and KVKK regulations.

KARAPORT may process, classify, store, share or disclose such information within the limits permitted by applicable laws.

KARAPORT may also use information including:

• User identity information,
• address information,
• e-mail address,
• telephone number,
• IP address,
• visited Portal sections,
• domain type,
• browser type,
• date and time information,

for statistical evaluations and providing personalized services.

5.2.5.

KARAPORT may, at any time, review messages, content and materials available within the Portal in order to protect Users and Members, ensure compliance with applicable laws, protect third-party rights, maintain compliance with this Agreement and Portal rules, and preserve general ethical standards.

KARAPORT reserves the right to remove such messages and content from access whenever it deems necessary and may terminate or suspend the membership of the Member who provided such content without any prior notification.

5.2.6.

Within the scope of the Turkish Law No. 5651 on Regulation of Publications on the Internet and Combating Crimes Committed through Such Publications, KARAPORT operates as a Hosting Service Provider (“Yer Sağlayıcı”) in accordance with the notification issued by the Telecommunications Authority Information and Communication Technologies Authority (BTK), dated 16.06.2008 and numbered 581.

5.2.7.

KARAPORT does not guarantee that the software infrastructure of the Website is completely free from errors, failures or viruses.

KARAPORT shall not be held responsible for any damage that may occur to Users’ software, hardware or devices due to any software, technical issue or security vulnerability existing on the Website.

5.2.8.

KARAPORT reserves the right to:

• convert free services into paid services,
• convert paid services into free services,
• temporarily or permanently remove all or part of any service,
• modify the scope and conditions of services.

Users and Members shall be deemed to have accepted these rights upon registration and use of the Portal.

5.2.9.

Users are prohibited from obtaining content accessed and/or displayed through the Portal by excessively extracting information from the Karaport Database.

Persons who violate this prohibition and extract data intensively from the Karaport Database may be deemed to have performed unauthorized access to an information system within the scope of Article 243/1 of the Turkish Criminal Code.

KARAPORT reserves the right to initiate criminal proceedings and all legal actions against such persons.

6. KARAPORT Services and Terms of Use

KARAPORT provides the services described below to Members through the Portal within the scope and conditions specified in this Agreement.

The primary purposes of KARAPORT services are:

• enabling Members to market, promote and advertise goods and services that they have the legal authority to dispose of, by displaying the content uploaded through their Karaport Membership Account as listings on the Website in accordance with the Member’s preferences;
• providing a communication environment through the Portal where Members can contact each other regarding the sale, purchase, rental or exchange of products displayed in listings;
• providing a process that enables secure execution of payment-related procedures between parties within the scope specified in this Agreement.

6.1. KARAPORT Listing Services

6.1.1.

The Member shall create listings through the interfaces available within the Karaport Membership Account and upload such listings to the Karaport Database in accordance with the KARAPORT Listing Rules.

6.1.2.

KARAPORT accepts and undertakes to offer the Listing Rules and listing options to the Member through the Karaport Membership Account.

Upon receiving the Member’s selection and request, KARAPORT shall evaluate such request and, if approved, publish the relevant listing(s) according to the selected Listing Program and the explanations provided within the Member’s account.

6.1.3.

KARAPORT shall review listings created by Members according to the Listing Rules and shall decide whether such listings will be published or rejected.

KARAPORT has the right to freely determine:

• evaluation criteria,
• conditions,
• approval procedures,
• publication periods,

regarding listing publication requests.

Such criteria and conditions shall be published within the relevant Listing Rules section of the Portal.

6.1.4.

KARAPORT may temporarily or permanently suspend the publication of any listing without prior notice to the Member in cases including, but not limited to:

• violation of applicable laws,
• violation of ethical standards,
• infringement of personal or commercial rights of third parties,
• receiving complaints or warnings regarding such violations,
• direct or indirect violation of this Agreement or Portal rules,
• occurrence of conditions specified under Article 4.3 of this Agreement.

The Member accepts and undertakes that no refund shall be requested from KARAPORT for such suspension or removal of listings.

The Member further accepts that payments made knowingly under the Listing Rules shall not be claimed back or subject to any refund request.

6.1.5.

KARAPORT may enter into agreements with third parties to ensure that listings published by Members, including:

• listing descriptions,
• texts,
• images,
• other content,

may appear on search engines, other websites, advertising channels and KARAPORT promotional platforms.

The Member expressly authorizes KARAPORT to perform such activities.

6.1.6.

The Member acknowledges and undertakes that all transactions and selections made through the Karaport Membership Account, including selections related to Listing Rules and promotional options, shall be irrevocably binding upon the Member.

6.1.7.

The Member accepts that all actions and transactions performed through the Karaport Membership Account are under the Member’s responsibility.

The Member shall not claim that such transactions were not personally performed by them and shall not avoid fulfilling obligations based on such claims.

6.1.8.

The Member agrees, declares and undertakes that they shall not perform any unlawful actions through listings published on the Portal, including but not limited to:

• defamation,
• commercial disparagement,
• false accusations,
• threats,
• harassment,

or any other unlawful activity.

The Member shall not perform actions that may create unnecessary or excessive technical burden on the Portal infrastructure.

The Member shall not include or allow the publication of any texts, images, videos or other materials containing:

• obscene content,
• pornographic content,
• immoral or unlawful materials,

within advertisements or listings published on the Portal.

6.1.9.

The Member shall provide accurate, complete and lawful information when advertising and promoting products and services through listings published on the Portal.

The Member may only publish listings for products and services over which they have the legal authority and disposal rights.

The publication of listings relating to:

• products or services that the Member does not legally have the authority to offer,
• prohibited products or services specified under Article 7 of this Agreement,

is strictly prohibited.

For Members violating this provision, KARAPORT reserves the right, without prior notice, to:

• suspend the Member’s account,
• temporarily restrict membership access,
• terminate membership,
• terminate this Agreement unilaterally without any refund obligation.

6.1.10.

The Member agrees and undertakes that they shall not publish listings violating any applicable legislation, including but not limited to regulations concerning:

• consumer protection,
• intellectual property rights,
• unfair competition,
• advertising regulations.

Listings shall not contain statements, images, videos or other visual materials contrary to applicable laws.

6.1.11.

The Member agrees and undertakes to fully complete all required procedures and transactions specified under the selected Listing Rules.

The Member shall pay the fees for selected promotional services and store opening services to KARAPORT in accordance with:

• the Listing Rules,
• Store Opening Rules,
• payment conditions specified on the Portal.

6.1.12.

Members may publish their own listings within a dedicated section of the Portal under the Stores section, together with content and information determined by the Member, within the limits and conditions specified in the relevant Store section.

In order to publish listings through a Store, the Member must:

• pay the applicable Store fees specified under the “Store Prices” section of the Portal,
• comply with the applicable Store rules and conditions,
• accept and comply with the provisions of the Store Opening and Usage Rules.

6.1.13.

The Member agrees and undertakes not to create multiple Karaport Membership Accounts by using different usernames.

If KARAPORT determines that:

• a Member has violated this rule,
• a person whose membership was terminated, suspended or restricted creates another account using different information,

KARAPORT shall have the right to cancel all related Membership Accounts without prior notice and terminate this Agreement without any refund obligation.

6.2. KARAPORT Trade Services

The provisions below regulate the rights and obligations of Users and Members benefiting from the KARAPORT Trade Service, as well as KARAPORT’s position regarding these rights and obligations.

The KARAPORT Trade Service is a system provided by KARAPORT to Users and Members for purposes including:

• increasing the visibility and recognition of products and services within the online environment,
• updating listing status,
• opening virtual stores,
• providing Portal infrastructure for promotional services,

and enabling Members to fulfill payment obligations arising from selected services through the KARAPORT payment system under the conditions specified in this Agreement and its annexes.

Members benefiting from the KARAPORT Trade Service must also comply with the obligations specified under Article 6.1 of this Agreement.

The provisions of Article 6.1 shall also apply to listings uploaded by Members using the KARAPORT Trade Service.

6.2.1. Rights and Obligations of Members

6.2.1.1.

Within the KARAPORT Trade Service, the Member may request promotional services for selected products through their Membership Account by using the Portal infrastructure.

The Member acknowledges that the purchase request submitted through the Portal constitutes acceptance of all terms and conditions regarding the relevant service.

Upon submitting such request, a service agreement is deemed established between KARAPORT and the Member.

The Member agrees and undertakes to purchase the relevant service.

6.2.1.2.

A contractual relationship between KARAPORT and the Member shall be established once the Member selects the relevant promotional service or virtual store service and completes the payment process for the fees specified under:

• “Store Prices” section,
• “How Can I Promote My Listings?” section,
• relevant Portal announcements.

6.2.1.3.

By submitting a purchase request through the Portal infrastructure, the Member is deemed to have accepted:

• KARAPORT’s sales conditions,
• service conditions,
• payment procedures.

Except for exceptional circumstances, purchase requests made by Members cannot be withdrawn or cancelled.

Exceptional circumstances include:

• failure to make payment to the KARAPORT Account within the specified period,
• failure of the purchased service to become available within the period specified by KARAPORT after the agreement has been established.

6.2.1.4.

For service purchases made through the Portal, including:

• promotional services,
• virtual store services,
• similar paid services,

the Member shall fulfill payment obligations only by transferring the relevant amount to the KARAPORT Account.

KARAPORT shall only be responsible for the service purchased from KARAPORT.

KARAPORT shall not be responsible under any circumstances for:

• payments sent directly between Members,
• product purchases,
• commercial transactions between Users,
• payments unrelated to KARAPORT services.

6.2.1.5.

The Member agrees and undertakes that, for the purpose of fulfilling the payment obligations related to the service agreement concluded with KARAPORT, the relevant service fee shall be transferred to the KARAPORT Account.

The Member shall notify KARAPORT through the Karaport Membership Account regarding payment details and any information required for the service process.

6.2.2. Rights and Obligations of KARAPORT

6.2.2.1.

KARAPORT acknowledges and undertakes that it has full authority and unrestricted rights of disposal regarding the paid promotional services and virtual store services offered to Members.

KARAPORT declares that:

• there are no legal or actual restrictions preventing the sale of such services,
• these services comply with the rules and conditions regarding Portal usage and membership,
• such services comply with applicable legislation. 

6.2.2.2.

Upon receiving payment from the Member for promotional services and/or Store services, and after approval is granted through the KARAPORT management and control panel, such approval cannot be revoked.

Following this approval process, KARAPORT shall not be subject to any obligation or liability arising from disputes or similar matters occurring thereafter.

The Member agrees and undertakes to complete all transactions specified under this Article in accordance with:

• Article 6.1 and its sub-articles,
• explanations published within the Portal,
• applicable service periods and conditions. 

6.3. Additional Services

Members may benefit from additional services announced through the Portal, provided that:

• the applicable fee is paid where such service requires payment,
• the Member complies with the relevant usage conditions specified in the applicable sections of the Portal. 

By using such additional services, the Member accepts and undertakes to comply with all relevant obligations.

7. Listing, Offering for Sale, Publication and Prohibited Products and Services

7.1.

Within the scope of services provided by KARAPORT through the Portal, certain products and services are prohibited from being:

• offered for sale,
• advertised,  
• listed,  

by KARAPORT.

The prohibited products and services are not limited to the examples specified under this Article and may also be defined in the Listing Rules section of the Portal.

Apart from the products and services specifically allowed, Members may not offer, advertise or list any product or service over which they do not have full legal authority and disposal rights.

7.2.

If KARAPORT determines that prohibited products or services have been:

• offered for sale,
• listed,  
• advertised,  

through the Portal, KARAPORT reserves the right to:

• remove or suspend the relevant listing,
• prevent publication of the prohibited product or service,
• terminate the membership of the relevant Member,
• terminate this Agreement without prior notice. 

7.3.

Where deemed necessary, KARAPORT may report the relevant Member to:

• Public Prosecutor’s Offices,
• authorized governmental institutions,
• regulatory and supervisory authorities, 

without prior warning, especially in cases involving:

• stolen products,
• smuggled products,
• counterfeit products,
• unlawful commercial activities. 

The Member accepts and undertakes that if they suffer any damage due to KARAPORT’s reporting or provision of information regarding prohibited products or services, KARAPORT shall not be held responsible under any title.

The Member further agrees to compensate KARAPORT for any damages, legal costs and attorney fees arising from claims made by third parties or institutions due to such prohibited activities.

The Member declares and undertakes that all products displayed through the Portal:

• comply with the import legislation of the Republic of Türkiye,
• comply with customs laws and regulations,
• have legally entered free circulation after completing required customs procedures. 

8. Communication System Between Members and Site Visitors

8.1.

The Communication System Between Members and Site Visitors is a messaging platform provided through KARAPORT’s infrastructure to enable secure communication and commercial interaction between:

• Members,  
• Site Visitors,
• Users.  

This system includes sections referred to as:

• “Message Box”,
• “Information / Offer Box”. 

Messages and offer requests exchanged through this system may only be viewed by the relevant Members and KARAPORT.

8.2.

All legal and criminal responsibility regarding the content of communications between Members, Site Visitors and Users belongs exclusively to the relevant Site Visitor or Member.

KARAPORT shall not accept any legal responsibility arising from messages or communications contained within User profiles.

8.3.

Members and Site Visitors shall not, under any circumstances, use any method to send:

• inappropriate messages,
• threatening messages,
• extortion attempts,
• harassment messages,
• messages containing criminal intent. 

In case of violation of this provision, the relevant User accepts and undertakes:

• to compensate all damages suffered by KARAPORT,
• that KARAPORT may terminate this Agreement unilaterally,
• that KARAPORT may terminate membership without prior notice.

6.2.1.5.

The Member agrees and undertakes that, for the purpose of fulfilling the payment obligations related to the service agreement concluded with KARAPORT, the relevant service fee shall be transferred to the KARAPORT Account.

The Member shall notify KARAPORT through the Karaport Membership Account regarding payment details and any information required for the service process.

6.2.2. Rights and Obligations of KARAPORT

6.2.2.1.

KARAPORT acknowledges and undertakes that it has full authority and unrestricted rights of disposal regarding the paid promotional services and virtual store services offered to Members.

KARAPORT declares that:

• there are no legal or actual restrictions preventing the sale of such services,
• these services comply with the rules and conditions regarding Portal usage and membership,
• such services comply with applicable legislation.

6.2.2.2.

Upon receiving payment from the Member for promotional services and/or Store services, and after approval is granted through the KARAPORT management and control panel, such approval cannot be revoked.

Following this approval process, KARAPORT shall not be subject to any obligation or liability arising from disputes or similar matters occurring thereafter.

The Member agrees and undertakes to complete all transactions specified under this Article in accordance with:

• Article 6.1 and its sub-articles,
• explanations published within the Portal,
• applicable service periods and conditions.

6.3. Additional Services

Members may benefit from additional services announced through the Portal, provided that:

• the applicable fee is paid where such service requires payment,
• the Member complies with the relevant usage conditions specified in the applicable sections of the Portal.

By using such additional services, the Member accepts and undertakes to comply with all relevant obligations.

7. Listing, Offering for Sale, Publication and Prohibited Products and Services

7.1.

Within the scope of services provided by KARAPORT through the Portal, certain products and services are prohibited from being:

• offered for sale,
• advertised,
• listed,

by KARAPORT.

The prohibited products and services are not limited to the examples specified under this Article and may also be defined in the Listing Rules section of the Portal.

Apart from the products and services specifically allowed, Members may not offer, advertise or list any product or service over which they do not have full legal authority and disposal rights.

7.2.

If KARAPORT determines that prohibited products or services have been:

• offered for sale,
• listed,
• advertised,

through the Portal, KARAPORT reserves the right to:

• remove or suspend the relevant listing,
• prevent publication of the prohibited product or service,
• terminate the membership of the relevant Member,
• terminate this Agreement without prior notice.

7.3.

Where deemed necessary, KARAPORT may report the relevant Member to:

• Public Prosecutor’s Offices,
• authorized governmental institutions,
• regulatory and supervisory authorities,

without prior warning, especially in cases involving:

• stolen products,
• smuggled products,
• counterfeit products,
• unlawful commercial activities.

The Member accepts and undertakes that if they suffer any damage due to KARAPORT’s reporting or provision of information regarding prohibited products or services, KARAPORT shall not be held responsible under any title.

The Member further agrees to compensate KARAPORT for any damages, legal costs and attorney fees arising from claims made by third parties or institutions due to such prohibited activities.

The Member declares and undertakes that all products displayed through the Portal:

• comply with the import legislation of the Republic of Türkiye,
• comply with customs laws and regulations,
• have legally entered free circulation after completing required customs procedures.

8. Communication System Between Members and Site Visitors

8.1.

The Communication System Between Members and Site Visitors is a messaging platform provided through KARAPORT’s infrastructure to enable secure communication and commercial interaction between:

• Members,
• Site Visitors,
• Users.

This system includes sections referred to as:

• “Message Box”,
• “Information / Offer Box”.

Messages and offer requests exchanged through this system may only be viewed by the relevant Members and KARAPORT.

8.2.

All legal and criminal responsibility regarding the content of communications between Members, Site Visitors and Users belongs exclusively to the relevant Site Visitor or Member.

KARAPORT shall not accept any legal responsibility arising from messages or communications contained within User profiles.

8.3.

Members and Site Visitors shall not, under any circumstances, use any method to send:

• inappropriate messages,
• threatening messages,
• extortion attempts,
• harassment messages,
• messages containing criminal intent.

In case of violation of this provision, the relevant User accepts and undertakes:

• to compensate all damages suffered by KARAPORT,
• that KARAPORT may terminate this Agreement unilaterally,
• that KARAPORT may terminate membership without prior notice.

8. Member and Website Visitor Communication System

8.4

Members shall not transfer their member profiles created for their own use to another Member under any circumstances or allow any third party to use such profiles.

If a Member transfers or allows another person to use the Member profile created specifically for them, the Member acknowledges and agrees that KARAPORT shall have the right to terminate this Agreement unilaterally and terminate the Member’s membership without prior notice.

9. Fees and Payments

Within the scope of this Agreement, KARAPORT shall announce the fees and payment conditions applicable to:

• KARAPORT Service System,
• KARAPORT Listing Services,
• KARAPORT Featured Promotion Services,
• KARAPORT Trade Services,

through the relevant sections of the Portal.

Any changes regarding service fees shall become effective three (3) days after the announcement of such changes.

If there is an ongoing promotional campaign regarding service fees, the campaign prices shall remain valid until the announced campaign expiration date.

Unless otherwise stated on the Portal, all service fees payable for services provided through the Portal shall be calculated and collected in:

• Turkish Lira (TRY),
• United States Dollar (USD),
• Euro (€).

KARAPORT may collect service payments through various payment methods, including but not limited to:

• credit card,
• postal payment methods,
• KARAPORT credit system,
• bank transfer,
• electronic funds transfer (EFT).

Payment methods and related procedures shall be explained within the relevant sections of the Portal.

Members are responsible for completing payments in accordance with the payment instructions provided by KARAPORT.

10. Privacy Policy

KARAPORT may process and use Member information within the scope of this Agreement, the Privacy Policy, and the Turkish Personal Data Protection Law (KVKK).

KARAPORT may disclose or use confidential Member information only within the conditions and purposes specified under:

• the Privacy Policy,
• KVKK legislation,
• applicable legal regulations.

11. Other Provisions

11.1 Intellectual Property Rights

All information accessed through this Portal or lawfully provided by Members, including but not limited to:

• KARAPORT Database,
• KARAPORT Interface,
• designs,
• texts,
• images,
• HTML codes,
• software codes,
• website structure,

(collectively referred to as “KARAPORT Copyrighted Works”)

belong to KARAPORT and/or are licensed from third parties by KARAPORT.

Members shall not have the right to:

• resell,
• modify,
• process,
• reproduce,
• distribute,
• display,
• allow third parties to access or use,

KARAPORT services, information, copyrighted works, or any other assets belonging to KARAPORT.

Except where expressly permitted by KARAPORT under these Portal Terms of Use, Members may not:

• copy,
• reproduce,
• process,
• distribute,
• create derivative works from,

any KARAPORT copyrighted materials.

Unless expressly authorized by KARAPORT within these Portal Terms of Use, KARAPORT reserves all rights relating to:

• KARAPORT services,
• KARAPORT information,
• copyrighted works,
• trademarks,
• commercial appearance,
• all other assets and information provided through this Portal.

11.2 Amendments to the Agreement

KARAPORT may amend this Agreement unilaterally and at its sole discretion by publishing the updated version on the Portal at any time.

The amended provisions shall become effective on the date they are published.

All remaining provisions of this Agreement shall continue to remain valid and enforceable.

This Agreement cannot be amended by unilateral declarations of Members.

11.3 Force Majeure

In cases legally recognized as force majeure, KARAPORT shall not be held responsible for delayed, incomplete, or non-performance of its obligations under this Agreement.

Such circumstances shall not be considered:

• delay,
• incomplete performance,
• failure to perform,
• default,

and Members shall not claim compensation from KARAPORT under any name or title due to such circumstances.

Force majeure includes, but is not limited to:

• natural disasters,
• riots,
• war,
• strikes,
• communication failures,
• infrastructure failures,
• internet failures,
• system improvement and maintenance works,
• technical failures caused by such works,
• power outages,
• adverse weather conditions,

and any unavoidable events beyond the reasonable control of KARAPORT despite taking all reasonable precautions.

11.4 Applicable Law and Jurisdiction

Turkish Law shall apply to the interpretation, implementation, and legal relationships arising from this Agreement.

In cases involving foreign elements, Turkish conflict of law rules shall not apply.

Any disputes arising from or relating to this Agreement shall be subject to the jurisdiction of:

Istanbul Courts and Enforcement Offices, Türkiye.

11.5 Validity of KARAPORT Records

The Member acknowledges and agrees that, in disputes arising from this Agreement:

• KARAPORT electronic records,
• database records,
• server records,
• commercial records,
• accounting records,
• books,
• microfilm records,
• computer records,

shall constitute valid, binding, definitive, and exclusive evidence.

The Member accepts that KARAPORT is released from any obligation regarding an oath offer and acknowledges that this provision constitutes an evidence agreement within the meaning of Article 287 of the Turkish Code of Civil Procedure (HUMK).

11.6 Entry into Force and Acceptance

This Agreement, together with all referenced documents, annexes, and additional terms forming an integral part of this Agreement, enters into force upon the electronic approval of the Member.

The Member accepts and agrees that:

• this Agreement,
• Portal Terms of Use,
• service conditions,
• related policies,

shall become binding by using the Portal.

These Portal Terms of Use become effective on the date they are published by KARAPORT within the Portal.

Users and Members are deemed to have accepted all provisions of this Agreement by accessing and using the Portal.