TERMS OF USE

1. On-real.estate (“Website”) is a platform where new and existing properties offered for sale or for rent are listed for individuals and businesses. All services on the Website are the registered property of On-Real company (“On-Real”).

2. Definitions:
“User” shall mean a person who directly visits the Website. The use of and subscription to all services offered to users are subject to these terms of use.
“Individual Member” shall mean a person who signs up for an individual account for private use purposes.
“Corporate Member” shall mean a real estate office (including real estate agencies and their sub-consultants and construction companies and their consultants) having a legal entity which has signed a Corporate Membership Agreement with On-Real.
“Real Estate Consultant” shall mean a person who works in the Real Estate Office.
“Broker” shall mean the owner of Real Estate Office.
“Website” shall mean the www.on-real.estate.

3. Terms of Use
3.1. By visiting the Website and using the services, the Users hereby accept, acknowledge and represent that they are of legal age, are over 18 years of age, and have read, understood and are bound by the terms set forth herein.
3.2. The Users agree, represent and warrant that they assume all legal, administrative and penal responsibilities resulting from or in connection with every transaction or action they conduct on the Website, and that On-Real does not accept or assume any responsibility in this regard.
3.3. Under Law No. 5651, the legal, administrative and penal liability of On-Real is limited to as set forth in the respective legislation, and all other responsibilities related to the content shall be assumed by the third party from whom the content was received and by the Users, if it was created by them. On-Real has the capacity of “Place Provider” as defined in Law No. 5651. In order to comply with the obligations imposed on “Place Providers” under Law No. 5651 and other applicable legislation, On-Real records and keeps the data relating to the transactions performed by Users on the Website for such period as specified in the applicable laws and regulations. On-Real does not check or guarantee the accuracy, completeness or legality of the services and contents provided by third parties and/or posted on the Website. On-Real accepts or assumes no responsibility for loss or damage, whether direct or indirect, incurred by the Users as a result of the use of the services and/or contents provided by third parties.
3.4. The Users shall be responsible for any visual and written content they publish on the Website. The Users hereby agree, represent and undertake that all visual and audio materials provided by them use the intellectual and industrial property rights such as trademarks, patents, utility models and industrial designs in accordance with the Turkish law; that none of the visual and audio materials covered by an agreement does not and will not infringe any intellectual and industrial right in any manner; and that they will reimburse and hold On-Real against all losses and damages that On-Real has incurred or may incur resulted from or in connection with such infringement of intellectual or industrial property rights. The Users hereby agree that the contents they publish will not violate laws and ethical or moral principles; that they will not infringe personal rights and copyrights of third parties; that they will not act in violation of the rules of unfair competition; and that they will be held liable for the claims arising from or in connection such infringements, breaches or violations.
3.5. The Users hereby acknowledge that they will not produce or share any content that is immoral, unethical, unlawful, damaging the rights of third parties, misleading, aggressive, sexually abusing children, elderly or disabled people, damaging the personal rights of individuals, infringing copyrights, encouraging illegal activities, threatening or abusive, in any part of the Website, in their communications, in contents they post, or in their activities within the Website. Users shall be fully liable for any damage they may incur as a result of the violation of the preceding provision. On-Real shall not be bound to check the contents. On-Real reserves the right to suspend, terminate and initiate legal proceedings upon identification of such actions. For such purposes, On-Real further reserves its right to provide information in reply to inquiries of judicial authorities regarding such actions or User’s account.
3.6. The Users shall be solely responsible for the security of password and account of third-party websites they access to in or through the Website. On-Real may not be held liable for any loss of data or security breaches or damage to equipment and devices. On-Real does not guarantee the confidentiality of any communication carried out by or through its own Website.
3.7. In the event that the User consents to receive letters, e-mails, SMS messages, phone calls etc. via his or her postal address, e-mail address, landline, mobile phone and other communication means specified on the registration form on the Website or in the mobile app by the User or updated later by the User, On-Real shall have the right to communicate with the User for commercial, marketing, advertising, promotion, notification and other purposes.
3.8. In the event that the User violates any of the terms or conditions specified in these Terms of Use, On-Real may modify, suspend, terminate or stop access to any or all of the accounts, services or the Website with immediate effect and without the need for a prior notification. On-Real shall not be responsible for any damages that may arise from such measures or inability to access the accounts. On-Real shall be the sole authority to make a binding and final decision on the termination of membership of the Users, in the event of a suspected fraud, misuse or violation of the rules.
3.9. The User may unsubscribe at any time easily and free of charge from the commercial electronic messaging list by clicking on the link “If you do not want to receive campaign notices, please click on the link below” located at the bottom of the e-mails sent by On-Real.
3.10. Individual Members may request to terminate their memberships at any time by sending an e-mail to support@on-real.estate. Authorisation of the Individual Members, whose memberships are terminated, to enter the Website and mobile application shall be cancelled. If the Individual Members wish to re-activate the membership, they may contact the On-Real Support Centre.
3.11. On-Real shall use its best endeavours to ensure that the services it offers to the Users are provided in an uninterrupted, error-free and secured manner. On-Real shall not be responsible for any communication breakdowns caused by internet connections, technical problems and force majeure events beyond its control. Additionally, limitation of liability shall also include the attacks on its systems despite the security measures taken by On-Real. On-Real shall not be responsible for any direct or indirect damages whether in contract, in tort or otherwise that may arise as a result of using the mobile app or entering or using the Website or the information, data or programs stored thereon. On-Real assumes no responsibility for the interruption of a transaction, error, negligence or interruption whether in contract, tort, negligence or otherwise.
3.12. On-Real accept no legal or criminal liability that may arise if a User uses personal information such as the IP address, e-mail address, user name of another person to enter the Website or use the mobile application.
3.13. The Users hereby agree, acknowledge and represent that On-Real, its employees and managers do not have any responsibility for the contents of the websites they visit through the links on On-Real Website.
3.14. The Users shall be deemed to have accepted these terms by using the Website. On-Real reserves the right to modify, reorganise and stop the publication of any information, services or products provided on the Website, its extensions or in the mobile app without the need for a prior notice. All modifications shall take effect upon publication on the Website or mobile application, and users shall be responsible for tracking such modifications. Users shall be deemed to have agreed to such modifications when they use or log in to the Website or mobile application. The Users hereby agree and acknowledge that they will not make any claims to On-Real for any direct and/or indirect damages they may incur due to such modifications or cancellations.

4. Intellectual Property Rights
4.1. On-Real is the owner or license holder of the Website and the mobile application and all information and materials contained in the Website and the mobile application including but not limited to their general layout and design, On-Real trademark and the other trademarks, www.on-real.estate domain name, logo, icon, demonstrative, written, electronic, graphical or machine-readable technical data, computer software, applied sales system, business method and business model (“Materials”) as well as any intellectual and industrial property rights associated with or related to the Website, mobile application and the Materials. All rights and titles of On-Real in and to its properties, services, copyrighted works, business knowledge, know-how and all and any proprietary or intellectual property rights through the Website are reserved.
4.2. No materials contained on the Website or in the mobile application including but not limited to codes and computer software, information in real estate listings posted on the Website or in the mobile application may not be altered, copied, reproduced, translated into any other language, re-posted, uploaded to another computer, mailed, forwarded, transmitted, distributed or converted into an artwork without prior permission and without giving reference. The Website or the mobile application may not be used on another website in part or in whole without prior consent of On-Real. In the event of violation of the preceding provisions, the Users shall be liable to indemnify and hold On-Real harmless against all loss and damages incurred by On-Real including but not limited any amount paid to third parties, costs of litigation and attorneys’ fees. The Users hereby agree, acknowledge and represent that they shall not attempt to reverse engineer the use of the Website, find or obtain the source code of the Website, violate the security of any computer network, crack the security encryption codes, or send spam e-mails or malwares. The Users further agree, acknowledge and represent that if they act in violation of the preceding provision, they will be held liable for any loss or damages that may be sustained by On-Real or third parties as a result of such attempts, and legal, administrative and criminal proceedings may be initiated against them.

5. Terms of Reuse and Sharing of Printed and Visual Media (including Internet News Sites)
5.1. Any part of the publicly available and accessible content including but not limited to listings, data, statistics, tables and analyses published or provided by On-Real on its Website or mobile app may be reused or cited as long as (i) it appears that such reuse or citation is reasonable; (ii) a due reference is given; and (iii) a clickable or do-follow link is provided to the address of On-Real website where the content reused or cited is posted. Reuse of any part of the publicly available and accessible content including but not limited to listings, data, statistics, tables and analyses published or provided by On-Real on its website or mobile app as a report, publication, advertisement, analysis, research or otherwise for commercial or professional purposes is subject to the prior written consent of On-Real. On-Real may, at its sole discretion, charge the reuse of contents for commercial or professional purposes or charge weekly, monthly or annual subscription fee.
5.2. All of the contents published on the website consist of data provided from third party content providers and obtained from publicly available sources. All of data, analyses, reports and statistics are processed and offered in an objective manner without any manipulation or misguidance. All contents contained on the website are for information and recommendation purposes only and not as an endorsement of any kind or not for the purpose of providing a solution, conclusion, legal advice or political or social research. Therefore, accuracy or completeness of the contents, data, analyses, reports or assessments contained in this website is not guaranteed. Data analysed for the same purpose may be contradictory or inconsistent with each other and this is natural. Such situations do not bind On-Real and On-Real does not assume any responsibility.
5.3. On-Real disclaims all representations and warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, marketability, performance, suitability or fitness for a particular purpose, with respect to the conclusions inferred by any person or entity by the use of the content provided by On-Real. All content contained on or available through the Website are provided to the Users on an “as is” or “as available” basis. In no event On-Real may be held liable for consequential, incidental, special, indirect or exemplary damages, including, without limitation, damages for loss of business or profit as a result of the use of the contents. On-Real does not guarantee the accuracy, reliability or legality of the contents, listings and price information published on the Website and has no responsibility for these contents.

6. Privacy and Personal Data
6.1. On-Real pays attention to ensure that the data provided by the Users through the Website are processed, secured and protected in accordance with the applicable laws, regulations and rules including but not limited to Law No. 6698 on the Protection of Personal Data in order to ensure that the Users are able to use the services provided on the Website. For such purposes, On-Real collects, uses, transmits and processes the personal data provided by the Users in accordance with the Privacy and Personal Data Protection Policy contained in the Website. The Privacy and Personal Data Protection Policy is an integral part of these Terms of Use. For more information about the use of personal data and your rights in this respect, you can review the Privacy and Personal Data Protection Policy and exercise your rights by sending an e-mail to support@on-real.com
6.2. Personal data, which are submitted to the Website by the Users, and for which the Users have given their consent to share their data by On-Real, are collected, stored, processed and used, and may be shared with third parties under respective agreements, by On-Real or its business partners in accordance with the Privacy and Personal Data Protection Policy in order to fulfil the obligations set forth in the Membership Agreement, carry out the necessary applications for the operation of the Website, provide and offer various advantages for the Users, and perform all kinds of electronic communication, profiling and statistical studies for the purpose of advertising, sales, marketing, survey, etc. tailored to the Users.  
6.3. The information (visit duration, time, pages viewed) of the Users visiting the Website and the mobile application are monitored, recorded and interpreted by analysing visitors’ activities and preferences. These data are shared with the companies we cooperate with for advertising, marketing or promotion purposes in order to offer a better service to the Users and to enhance and improve the experience and content offered by the Website and mobile application to the Users in accordance with the terms and conditions set forth in the Privacy Policy, which you may find at https://www.on-real.estate/privacy.
6.4. On-Real shall take all necessary measures to prevent any unauthorised access to or unlawful processing of the personal data and to ensure that the personal data are stored in accordance with Article 12 of Law No. 6698 on the Protection of Personal Data and. Pursuant to Article 11 of Law No. 6698 on the Protection of Personal Data, Users are entitled to exercise their rights regarding their personal data including but not limited to modify or update them at any time. For detailed information about your personal data processed, your rights over these data and how you may exercise your rights, please refer to our Privacy Policy.
6.5. User information shall only be disclosed to the public authorities where such information is duly requested and where disclosure to the official authorities is mandatory pursuant to the compulsory provisions of the applicable legislation.

7. Force MajeureIf employee and employer disputes, cyber-attacks, communication problems, infrastructure and internet failures, system-related improvements or updates, failures resulting from such improvements or updates, power failures, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters or unforeseeable events beyond reasonable control of On-Real and without the fault or negligence on its part including but not limited insurrections, embargoes, state interventions, riots, occupations, wars, mobilizations, strikes, lockouts, labour actions or boycotts (“Force Majeure”) prevent or delay On-Real’s performance of its obligations under these Terms of Use, On-Real shall not be held liable for its obligations that have been so prevented and delayed due to Force Majeure events or circumstances.

8. Applicable Law and Dispute Resolution
All disputes and controversies which may arise under or in connection with these Terms of Use shall be resolved under the Turkish Law and shall be referred to the jurisdiction of the Istanbul Central (ağlayan) Courts and Bailiff Offices.

9. Force and Acknowledgement
These Terms of Use shall enter into force once the User completes and approves the registration form or starts receiving any service using the system. On-Real reserves its right to amend, modify or update from time to time these terms and conditions and the content of the legal notice page on the Website and in the mobile app. Users are advised to visit the legal notice page every time they log in to the Website or mobile app.