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This Agreement (hereinafter referred to as the “Account Agreement”); has been concluded electronically and entered into force between the HERNEBURADA.COM Website (hereinafter referred to as “HERNEBURADA”) and the “Account Holder” who has approved this Account Agreement, its annexes which are an integral part of it, and the terms and conditions on the HerneBurada.com Portal in order to open an account on the www.HerneBurada.com Portal.

“Portal”: The website and/or mobile applications where “HerneBurada” offers its services, consisting of the domain name www.HerneBurada.com and the subdomains connected to this domain name.

“User”: Any natural or legal person who accesses the “Portal”.

“Account Holder”: “User” who opens an account on the “Portal” and benefits from the services offered within the “Portal” under the specified conditions.

"Account Agreement": An electronic agreement consisting of the terms and conditions and annexes on the "Portal", concluded electronically as a result of the user's electronic approval that he/she understands and accepts the "Account Agreement", and which is a whole together with the annexes that are an integral part and the terms and conditions on the "Portal".

"HerneBurada Account": The set of web pages specific to the "Account Holder", where the "Account Holder" performs the necessary work and transactions to benefit from the services offered in the "Portal", makes requests to "HerneBurada" regarding issues related to the "Account", updates his/her "Account information", views reports regarding the services offered, and accesses the "Portal" with the "user name" and "password" he/she has determined and undertakes to use exclusively by him/her.

“HerneBurada Services” (“Services”): Applications offered by “HerneBurada” in order to enable the “Account Holder” to perform the work and transactions defined in this “Account Agreement” within the “Portal”. “HerneBurada” may make changes and/or adaptations to the “Services” offered within the “Portal” at any time. The rules and conditions that the “Account Holder” is obliged to comply with regarding the changes and/or adaptations made are announced to the “Account Holder” from the “Portal”, and the terms and conditions announced shall enter into force on the date they are published on the “Portal”.

“Content”: All kinds of information, text, files, pictures, videos, numbers, etc., visual, written and auditory images published on the “Portal” and accessible.

"HerneBurada Interface": These are the web pages and mobile application screens/pages that give commands to the computer program to perform all kinds of transactions that can be done through the "Portal" within the designs protected under the Law on Intellectual and Artistic Works No. 5846 and all intellectual rights of which belong to "HerneBurada", used by "Users" so that the content created by HerneBurada and the "Account Holder" can be viewed by "Users" and queried from the "HerneBurada Database".

“My Account” page: A private page for the “Account Holder” where the “Account Holder” can perform the necessary transactions to benefit from various applications and “Services” on the “Portal”, enter his/her personal information, preferences, and the information requested from him/her on an application basis, and can only be accessed with the username and password determined by the “Account Holder”.

“Personal Data”: In accordance with Article 3/d of the Law No. 6698 on the Protection of Personal Data (LPPD), any information relating to an identified or identifiable natural person and special personal data listed in Article 6/1 of the LPPD.

“Special personal data”: Data regarding individuals’ race, ethnic origin, political opinion, philosophical belief, religion, sect or other belief, appearance and dress, membership in associations, foundations or unions, health, sexual life, criminal convictions and security measures, as well as biometric and genetic data are special personal data.

The subject of this “Account Agreement” is the determination of the “Services” offered on the “Portal”, the conditions for benefiting from these “Services” and the rights and obligations of the parties. The “Account Agreement” and its annexes and all statements such as warnings, notifications, applications and explanations made by “HerneBurada” regarding the usage, account and “Services” in the “Portal” are within the scope. By accepting the provisions of this “Account Agreement”, the “User” accepts and undertakes to act in accordance with all statements made by “HerneBurada” regarding the usage, account ownership and services in the “Portal”.

****NOTICE****

We inform our customers and individuals and corporate companies that like an advertisement from the Site that they should not make any prepayment for any product or service for all advertisements they see on the Site and that they should not make any prepayment without making a contract with the product or service owner. We do not find it right to make cash payments under any circumstances. We declare that HERNEBURADA.COM has no responsibility for sales and prepayments, that the product or service provider and the customer requesting them will accept this situation and continue to use HERNEBURADA.COM under these conditions. Problems that may arise between the people who publish advertisements and the customers are their own responsibility and do not concern HERNEBURADA.COM.

4.1 In order to become an “Account Holder” on the “Portal”, one must be of legal age and the account must not have been temporarily suspended or closed by “HerneBurada” within the scope of this “Account Agreement”.

4.2 “HerneBurada” may terminate this “Account Agreement” unilaterally at any time, without giving any reason, without giving any notice, without any liability such as compensation, penalty, etc., and may close or temporarily suspend the account of the “Account Holder”. Cases of non-compliance with the rules specified in the “Portal”, cases where the “Account Holder” poses a risk to the “HerneBurada” information security system are among the cases where the account may be closed or temporarily suspended.

5.1 Rights and Obligations of the "Account Holder"

5.1.1 The "Account Holder" accepts and undertakes that he/she will act in accordance with the rules, declarations, all applicable legislation and ethical rules stated on the "Portal", and that he/she understands and approves the provisions of the "Account Agreement" and all the terms and conditions on the "Portal".

5.1.2 The "Account Holder" accepts and undertakes that it is authorized to disclose confidential/private/personal data-special personal data/commercial information belonging to the "Account Holder" to official authorities in cases where "HerneBurada" is obliged to make a statement to official authorities in accordance with the provisions of the applicable legislation, and that it will not claim compensation from "HerneBurada" under any name for this reason. Apart from this, if the "Account Holder" notifies "HerneBurada" that any person or institution's rights have been violated in relation to the advertisements it places on the "Portal" and that it will take legal action; "HerneBurada" may provide the name-surname information provided by the "Account Holder" to the relevant party.

5.1.3. The "Account Holder" is responsible for ensuring the security of the "user name" and "password" he/she uses to log in to the "HerneBurada Account", and must use his/her "user name" and "password" exclusively and individually and keep it secret from third parties. The "Account Holder" is responsible for any material and/or moral damages suffered or to be suffered by the other "Account Holder" and/or "HerneBurada" and/or third parties due to his/her negligence or fault in this regard.

5.1.4. The "Account Holder" accepts and undertakes that the information and content provided by him/her within the "Portal" are accurate and lawful, and that the publication of such information and content on the "Portal" or the sale and display of products linked to such content does not constitute any violation of law under the current legislation. "HerneBurada" is not obliged or responsible for investigating the accuracy of the information and content transmitted by the "Account Holder" to "HerneBurada" or uploaded by the "Account Holder" via the "Portal", and cannot be held responsible for any damages that may arise due to the incorrect or erroneous nature of such information and content or their publication.

5.1.5. The "Account Holder" cannot transfer this "Account Agreement" or its rights and obligations under this "Account Agreement", partially or completely, to any third party without the written consent of "HerneBurada".

5.1.6. The “Account Holder” may perform transactions on the “Portal” for lawful purposes. The “Account Holder” shall be held legally and criminally responsible for any transactions and actions he/she performs within the “Portal”. The “Account Holder” accepts and undertakes that he/she will not reproduce, copy, distribute, process, transfer to another database or upload to the “Portal” any images, texts, visual and audio images, video clips, files, databases, catalogues and lists within the “Portal” that would constitute an infringement on the real or personal rights, assets and personal data of “HerneBurada” and/or any other third party; that he/she will not engage in any commercial activity by performing such actions; that he/she will not engage in any behavior or actions that constitute unfair competition, directly and/or indirectly, either through these actions or through other means. "HerneBurada" cannot be held directly and/or indirectly responsible for any damages that third parties may suffer or may suffer due to the activities of the "Account Holder" on the "Portal" that are contrary to the provisions of this "Account Agreement" and the law.

5.1.7. “HerneBurada” permits the “Account Holder” to view the advertisements and use the “HerneBurada Interface” only for the purpose of learning the content of the relevant advertisements. However, attempts to access a certain number or all of the advertisements from the database for a purpose other than this, partial or complete copying of the advertisements, direct or indirect publication, compilation, processing, transfer to other databases, opening them to access and use by third parties from this database, and providing links to advertisements on “HerneBurada”, including similar actions, are not permitted or consented to by “HerneBurada”. Such actions are against the law; “HerneBurada” reserves the right to make necessary demands, lawsuits and follow-ups.

5.1.8. The “Account Holder” accepts and undertakes that “HerneBurada” has no responsibility for defects in goods and services purchased from third parties, that all claims and responsibilities within the scope of the Consumer Protection Law and other relevant legislation belong to the seller of the relevant goods and services, and that he/she releases “HerneBurada” from all responsibilities and obligations in relation to these.

5.1.9. In case the information provided during the Account creation phase changes, the “Account Holder” is obliged to inform “HerneBurada” of the new and updated information without delay. In case of failure to notify, “HerneBurada” reserves the right to recourse against the “Account Holder” for all direct and indirect damages it may suffer.

5.1.10. It is strictly forbidden for the “Account Holder” to take actions that may threaten the security of the “Portal” or “HerneBurada” systems and/or harm other users, to take any action that may prevent the “Portal” and other software belonging to the “Portal” from operating or other users from benefiting from the “Portal”, to impose a disproportionate load on the system or the “Portal” in a way that will produce such results; to access the source codes of the “Portal” or the “HerneBurada” systems in an unauthorized manner, to copy, delete, change this information or make attempts in this direction, to use or attempt to use software that will prevent the operation of the “Portal” or to disrupt, cause the malfunction of any software, hardware and servers, to reverse engineer, to organize attacks, to occupy or otherwise interfere with these, and to attempt to access the “HerneBurada” servers.


5.2. Rights and Obligations of "HerneBurada"

5.2.1. "HerneBurada" accepts, declares and undertakes to perform the services mentioned in this "Account Agreement" within the explanations specified in the "HerneBurada Account" regarding the provision of the relevant services and the conditions specified in this "Account Agreement", and to establish and operate the technological infrastructure required to provide the services specified in this "Account Agreement". The obligation to establish the technological infrastructure specified in this article does not mean an unlimited and complete service commitment; "HerneBurada" may stop or terminate its services and technological infrastructure specified in this "Account Agreement" at any time without any notice.

5.2.2. "HerneBurada" reserves the right to change the services and content offered on the "Portal" at any time; to block the access of third parties, including "Portal" users, and to delete the information and content uploaded to the system by the "Account Holder". "HerneBurada" may use this right without any notification and prior notice. "Account Holder" must promptly fulfill the changes and/or corrections requested by "HerneBurada". If changes and/or corrections are deemed necessary, "HerneBurada" may make them. Any damages, legal and criminal liabilities that may arise or may arise due to the failure of the users to fulfill the changes and/or correction requests requested by "HerneBurada" in a timely manner belong entirely to the users.

5.2.3. Links may be provided to other websites and/or portals, files or content owned and operated by "Sellers", providers and other third parties via the "Portal". These links may be provided by the "Account Holder" or by "HerneBurada" for ease of reference only. However, they do not aim to support the website to which the link is directed or its operator or the information it contains or to verify or guarantee it in any way. "HerneBurada" has no responsibility for the portals, websites, files and content accessed through the links on the "Portal", the services or products offered from the portals or websites accessed through these links or their content.

5.2.4. "HerneBurada" may remove from access messages and content that are against the operation of the "Portal", law, legislation, the rights of others, the terms of the "Account Agreement", the protection of personal data, and general morality at any time and in any way; "HerneBurada" may terminate the account of the "Account Holder" who entered such message and content without any notice. "HerneBurada" may impose additional obligations on the "Account Holder" depending on changes in legislation, and such obligations shall enter into force on the date of publication on the "Portal".

5.2.5. "HerneBurada", "HerneBurada" employees and managers have no obligation to investigate and control the legality, authenticity and accuracy of the content provided by the "Account Holder" and "User" on the "Portal".

5.2.6. "HerneBurada" operates as a "Home Provider" within the scope of the Law No. 5651 on "Regulation of Publications Made on the Internet and Combating Crimes Committed Through Such Publications". HerneBurada does not guarantee that certain results will be produced by itself as a result of the performance of the Agreement. "HerneBurada" does not make any representations or commitments in connection with the use of the "Portal", including but not limited to violation of intellectual property rights and accuracy of advertisement content. HerneBurada also does not assume any responsibility for the late provision, interruption or non-provision of services under the Agreement due to any reason, including but not limited to maintenance, repair work, technical failures.

5.2.7. “HerneBurada” provides the Portal and “Services” “As Is” and does not make any claim or commitment that the “Portal” and “Services” are error-free, flawless, uninterrupted, perfect or will meet the specific needs of the “Account Holder”. “HerneBurada” may make any changes, updates and similar works on the “Portal” and as long as the “Account Holder” continues to use the Portal and “Services”, he/she is deemed to have accepted the “Portal” and “Services” as he/she uses them (“As Is”).

5.2.8 If it is determined that the information provided by the “Account Holder” during the application is not sufficient, correct or up-to-date or is misleading and malicious, if the application of the person applying for the account has been previously rejected, if there are complaints or negative comments about the “Account Holder” during the period the account is maintained, and for similar reasons; “HerneBurada” may terminate this agreement and close the “Account Holder” account without any notification and without any compensation liability. “HerneBurada” may implement the measures it deems appropriate so that the necessary investigations can be carried out by “HerneBurada” authorities before closing the account. Following the closure, temporary suspension of the account or termination of the Agreement for any reason, “HerneBurada” has the exclusive authority to decide, at its own discretion, on the fate of the content or other sharings shared by the “Account Holder” through the Portal.

HERNEBURADA is not responsible for any direct or indirect damages arising from this, any kind of material, moral and financial damages such as loss of profit, loss of data, loss of business, loss of reputation, loss of expected savings, interruption of business, and any compensation claims that may be made by the "Account Holder" or a third party in this context.

“HerneBurada” may use the information regarding the “Account Holder” on the “Portal” within the scope of this “Account Agreement” and the Privacy Policy in ANNEX-2, which is one of the annexes and an integral part of this “Account Agreement”. “HerneBurada” may only disclose or use the confidential information regarding the “Account Holder” to third parties under the conditions specified in the Privacy Policy. The “Account Holder” declares, accepts and undertakes to log in to the account when acting as the Buyer and to share his/her phone number with the Seller as the Buyer in order to enable messaging between the Seller and the Buyer regarding the advertisement.

In all cases deemed as force majeure by law, "HerneBurada" shall not be liable for late or incomplete performance or non-performance of any of its obligations specified in this "Account Agreement". Such and similar cases shall not be deemed as delay, incomplete performance or non-performance or default for "HerneBurada" and no compensation shall be claimed from "HerneBurada" under any name for such cases. The term force majeure shall be interpreted as unavoidable events beyond the reasonable control of the relevant party and which "HerneBurada" could not prevent despite exercising due care, including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, system improvement or renewal works and failures that may occur due to these reasons, power outages and bad weather conditions.

This “Account Agreement” and the annexes referred to in the “Account Agreement” and which are an integral part of the “Account Agreement” and the rules and conditions included in the “Portal” have been executed electronically and entered into force upon electronic approval by the “Account Holder”. The invalidity, illegality or inapplicability of any provision of the “Account Agreement” will not affect the validity of the remaining provisions of the agreement.