Membership Agreement

1. Parties

This Membership Agreement (hereinafter referred to as “Membership Agreement”); is entered into force by being concluded electronically between Bits Teknoloji A.Ş. located at “Burhaniye mah. Burhaniye Abdullahağa Cad. E. Sanat Blok No:55/1 Üsküdar/İstanbul” (hereinafter briefly referred to as “BidSee"”) and the "Member" who approves this Membership Agreement and its annexes, which are an integral part of the agreement, and the terms and rules specified in the “BidSee”mobile application in order to become a member through“BidSee” mobile application;

2. Definitions

“Portal”: Refers to mobile applications where “BidSee” renders its members with the services of opening a webcastfor auction purposes, participating in a webcast and announcing information about the time and content of the webcastvia the “BidSee” mobile application.

‘’Webcast”:Refers to awebcast platform where the products to be sold on the "Portal" are put up for auction.

“Webcast Announcement”: Refers to an informational announcement regarding the “Webcast” time and content (hereinafter referred to as "announcement")

“Member”: The "User" who is the member of the Portal and benefits from the services rendered under the "Portal" within the specified conditions and having the right to open webcast and the right to participate in the webcast.In this regard, users who can see the auction announcements on the "Portal" must become a "Member" within the framework of the criteria determined in accordance with this agreement in order to make deposit by participating in the webcast auction to be opened and then to be in the position of buyer or to become a seller by opening an auction.

“Auction” :In general, it means the "Webcast" to be opened on the "Portal" where products are offered for sale at a specific starting price and exceeds the opening price within the time specified by the seller and subsequently, the highest bidder has the right to purchase the product at the last bid price and allowing the establishment of a sales contract after communication and agreement between the parties by this way, however, with an auction system with a price increase, which does not imply a definitive sales contract.

“Membership”:“It is the status gained with the notification made by "BidSee" after the "User" who wants to become a "Member" fills out the Membership form on the "Portal" completely with correct and real information. It is not possible to have the right and authority to become a "Member" before the membership procedures are completed. “Membership” rights and liabilities are those rights and liabilities that belong to the applicant and cannot be partially or wholly transferred to any third party. The "Membership" application may be refused by "BidSee" without any justification or additional terms and conditions may be requested. “BidSee” may terminate the “Membership” status of the “Member” if it deems necessary and may not accept the “Membership” application that will be made later by the member whose "Membership" has been terminated for any reason.

"Membership Agreement": Refers to an electronic agreement, which is a whole with the terms and rules in the "Portal", together with the annexes that are integral parts of it, consisting of the terms and conditions and annexes in the "Portal", concluded electronically as a result of the user's online confirmation that s/he understands and accepts the "Membership Agreement".

"BidSee Membership Account": Refers to the whole of mobile application pages specific to "member" where the "Member" carries out the necessary dealings and transactions to benefit from the services offered in the "Portal" and makes a request to "BidSee" in matters related to "Membership" and updates membership data and views the reports on services offered and accesses via the "Portal" with the "username" and "password" that determined by himself or herself and committed to be used exclusively by him or her.

“BidSee Services” ("Services"): These are the applications offered by "BidSee" in the "Portal" in order to enable the "Member" to perform the dealings and transactions defined in this "Membership Agreement". "BidSee" may make amendments and/or adaptations to the "Services" offered in the "Portal" at any time. The rules and conditions that the "Member" is obliged to comply with regarding the amendments and/or adaptations made are announced to the "Member" through the "Portal" and the announced terms and conditions come into force on the date they are published on the "Portal".

“Contents”: Refers to all kinds of information, text, files, pictures, videos, numbers and similar visual, written and audio images published and accessible on the "Portal".

"BidSee Interface" : These are the web pages and mobile application screens/pages that give commands to the computer program to carry out all transactions that can be done through the "Portal" within the designs that are used by users and protected under the Law on Intellectual and Artistic Works No. 5846 and that all intellectual rights of it possessed by "BidSee" in order for the contents created by BidSee and members to be viewed by users and verified from the "BidSee Database".

“BidSee Database” : It is the database protected in accordance with the Law No. 5846 on Intellectual and Artistic Works belonging to "BidSee", where the contents accessed within the "Portal" are stored, classified, verified and accessed.

“My Profile”Page: Refers to the member-specific page where the Member can carry out the necessary transactions in order to benefit from the several applications and "Services" on the "Portal", enter his/her personal information, preferences, information requested from him/her on the basis of the application and can only be accessed with the username and password determined by the "Member".

“Personal Data”: Pursuant to Article 3/d of the Law on the Protection of Personal Data No. 6698 (PDPL), all kinds of information concerning with an identified or identifiable natural person and sensitive personal data listed in Article 6/1 of the PDPL.

“Sensitive Personal Data”: Such data as race, ethnic origin, political opinion, philosophical belief, religion, religious communion or other beliefs, dressing , membership of associations, foundations or unions, health, sexual life, criminal convictions , security measures and biometric and genetic data are sensitive data.

3. “Subject and Scope of the Membership Agreement

The subject of this "Membership Agreement" is the determination of the "Services" rendered on the "Portal", the terms of benefiting from these "Services" and the rights and liabilities of the parties.

With this "Membership Agreement", the webcast rooms where the webcasts can be made for the sale of the products offered by the members of the "Portal" in the webcast through auction to the buyers who are also members of the "Portal" and the features that the members should have, determined by "BidSee" which offers a "webcast announcement" regarding the time and content of such webcasts.

“Membership Agreement” and its annexes and all warnings, notices, applications and explanations made by “BidSee” regarding the usage, membership and “Services” in the “Portal” are covered. The "User" accepts and undertakes to act in accordance with all kinds of statements made by "BidSee" regarding the usage, membership and services in the "Portal" by accepting the provisions of this "Membership Agreement".

4.  Membership Terms

4.1 In order to become a member of the "Portal", it is obliged to be age of legal majority and not be temporarily unsubscribed from membership, suspended from membership or banned from membership indefinitely by "BidSee" within the scope of this "Membership Agreement".

The following information must be provided to BidSee for membership:

Name surname; e-mail address; phone number; date of birth; address.

4.2At the stage of membership to the Portal; Natural persons have to use their names and surnames written in the identity card of the Republic of Turkey, if they are foreigners, their names and surnames written in the identity card of their country of citizenship and legal entities, their trade names in the trade registry office where they are registered. In this sense, in the event that a pseudonym and similar uses contrary to the above-mentioned principles are detected, the relevant membership may be terminated unilaterally by 'BidSee'.

4.3 “BidSee” may unilaterally terminate this “Membership Agreement” at any time without any justification, without notice and without assuming any indemnity, penalty or similar liability. It may end or temporarily suspend the "Membership" of the "Member". The cases of breach of the rules specified in the "Portal" and cases where the "Member" poses a risk to the "BidSee" information security system are cases of termination of membership or temporary suspension of membership.

4.4Access to the mobile application by the user will be carried out using e-mail address and password. The User will be responsible for the protection of the confidentiality and security of this password and any activity carried out with the use of the said information on the mobile application shall be deemed to be carried out by the User. Any statutory, legal and penal responsibility arising from these activities will belong to the User.

5. Rights and Liabilities of the Parties

5.1 Rights and Liabilities of the "Member"

5.1.1 The “Member” accepts and undertakes to act in accordance with the rules, statements, all applicable legislation and moral rules specified in the “Portal” and that s/he understands and approves all the terms and rules specified in the "Portal" as well as the provisions of the "Membership Agreement".

5.1.2 The "Member" accepts and undertakes that "Bidsee" is authorized to disclose confidential/private/personal data-sensitive personal data/commercial information belonging to “Members” to official authorities and therefore, s/he will claim no compensation from “BidSee” under any name.

5.1.3. It is the responsibility of the "Members" to ensure the security of the "username" and "password" which they use when logging into the "BidSee Membership Account" and they must use it exclusively and individually and keep from third parties. The “Member” is responsible for any material and/or moral damages incurred or to be incurred by other “Members” and/or “BidSee” and/or third parties due to his/her own negligence or faults in this matter.

5.1.4. The "Member" accepts and undertakes that the information and contents provided by himself/herself within the "Portal" are correct and in compliance with the law, that the publication of said information and contents on the "Portal" or the sale and display of products related to these contents does not create any illegality against the current legislation. "BidSee" is not liable and responsible for investigating the accuracy of the information and content provided by the "Member" to "BidSee" or uploaded by the "Member" through the "Portal" and cannot be held responsible for any damages that may arise due to the inaccuracy or publication of such information and contents.

5.1.5. The "Member" will only use the "webcast announcement" and "webcast" right granted to him/her under the "Portal" for the sale of products whose sale is not prohibited by law and which is ethical. The "webcast announcement" and "webcast” content are under the sole responsibility of the "member". "BidSee" cannot be held responsible in any way for the "webcast announcement" and "webcast" contents created by the "Member". Furthermore, in the event that it is determined that the "member" has made a "webcast announcement" and "webcast" with illegal and immoral content or there is a complaint in this regard, the "webcast announcement" and "webcast access" may immediately be terminated by "BidSee". In case the malicious use of the right of "webcast announcement" and "webcast" by the "Member" is detected or if there is an opinion formed regarding the malicious use of the "member", the membership of the relevant "member" may immediately be terminated by "BidSee" without any notice.

5.1.6. The "Member" cannot transfer this "Membership Agreement" or his/her rights and liabilities under this "Membership Agreement" to any third party, in whole or in part, without the written consent of "BidSee".

5.1.7. The “Member” can carry out transaction on the “Portal” for legal purposes. The legal and criminal responsibility for every transaction and action performed by the "Member" on the "Portal" belongs to himself/herself.The "Member" accepts and undertakes not to reproduce, copy, distribute, process, transfer to another database the pictures, texts, audiovisual images, video clips, web cast recordings, files, databases, catalogs and lists in the "Portal", which may constitute an infringement on the rights in rem or personal rights, property, personal data of "BidSee" and/or another third party or not upload to the "Portal" in a way that may result in such results; will not engage in any commercial activity by carrying out such actions and that s/he will not directly and/or indirectly engage in acts and transactions that constitute unfair competition, either by these actions or by other means."BidSee" cannot be held responsible in no way, directly and/or indirectly, for the damages incurred or to be incurred by third parties due to the activities on the "Portal" carried out by the "Member" unlawfully and contrary to the provisions of this "Membership Agreement".

5.1.8. “BidSee” consents to its “Members” to view only the contents of related announcements and webcasts and announcements for learning purposes and to use the “BidSee Interface”. Trying to reach a certain number or all of announcements and webcasts through the database for a purpose other than this, partial or complete copying of announcements and webcasts, directly or indirectly publishing, compiling, processing, transferring them to other databases in other media, release this database to third parties' access and use, to commit similar acts, including linking to announcements on "BidSee", are not allowed and consent is not given by “BidSee” . Such acts are contrary to the law and "BidSee reserves the necessary right of claims, litigation and proceedings.

5.1.9. The "Member" accepts and undertakes that “BidSee” does not have any responsibility for the defects in the goods and services purchased from third parties, that the addressee of all requests and responsibilities within the scope of the Law on the Protection of the Consumer and other relevant legislation belongs to the seller of the relevant goods and services and that s/he releases "BidSee" from all kinds of responsibilities and liabilities regarding these.

5.1.10. In the event that the information provided during the membership phase changes, the “Member” is obliged to notify “BidSee” about new and updated information without delay.In case of failure to notify, the “Member” is responsible for any damages that “BidSee” and “Member” may suffer. The right of recourse to the "Member" is reserved for all direct and indirect damages to be incurred by "BidSee".

5.1.11.  It is strictly prohibited for the “Member” to take actions that may threaten the security of “Portal” or “BidSee” systems and/or harm “Portal”, “BidSee” and other users, to attempt that may prevent the operation of the "Portal" and other software belonging to the "Portal" or the other users from benefiting from the "Portal",  to put a disproportionate workload on the system or the "Portal" in a way that causes these consequences; unauthorized access to the source codes of "Portal" or systems of "BidSee", copying, deleting, changing of this information or attempting to do so, using or trying to use software that will prevent operating of the "Portal" or to disrupt the operation of all kinds of software, hardware and servers, to cause their corruption, to make reverse engineering, to organize attacks, to occupy or to interfere with them by another ways, attempting to gain access to “BidSee” servers.

5.2. Rights and Liabilities of BidSee

5.2.1. "BidSee" accepts, declares and undertakes to render the services mentioned in this "Membership Agreement" within the conditions specified in this "Membership Agreement" and the explanations specified in the "BidSee Membership Account" regarding the provision of the relevant services and to establish the required technological infrastructure in order to render the services specified within the scope of this “Membership Agreement”.The liability to establish the technological infrastructure specified in this article shall not be deemed an unlimited and complete service commitment; “BidSee” can run down or terminate its services and technological infrastructure determined by this “Membership Agreement” at any time without any notice.

5.2.2. "BidSee" reserves the right to change the services and contents provided on the "Portal" at any time, to block third party access, including "Portal" users, to information, contents and webcasts that "Members" uploaded to the system and to delete them. "BidSee" can use this right without giving any notice and giving time. "Members" are obliged to immediately implement the changes and / or corrections requested by "BidSee". "BidSee" can make changes and/or corrections if deemed necessary.  The damages, legal and penal responsibilities that have arisen or may arise due to the fact that the changes and/or corrections demands requested by "BidSee" are not fulfilled by the users in a timely manner, belong entirely to the users.

5.2.3. "BidSee" grants its "members" solely the right to open "webcasts" on the "Portal" and to make "webcast announcements" regarding the time and content of webcasts. "BidSee" is in no circumstances responsible for the contents of "webcasts" and "webcast announcements" and "BidSee" has no responsibility for the services or products or their contents offered by the "members" in the contents of "webcast" and "webcast announcement".

5.2.4. "BidSee" may, at any time and in any way, block the access to the messages and contents that are contrary to the operation of the "Portal", the law, the legislation, the rights of third parties, the terms of the "Membership Agreement", the protection of personal data and the general moral rules; "BidSee" may terminate the membership of the "Member" who entered such message and content without any notification. “BidSee” may impose additional liabilities on the “Member” depending on the changes in the legislation; said obligations shall enter into force on the date they are published on the "Portal".

5.2.5. "BidSee", the employees and managers of "BidSee" have no obligation to investigate and control whether the content provided by the "Members" and "Users" on the "Portal" is in compliance with the law and its authenticity and accuracy.

5.2.6. “BidSee” does not make any declaration or undertaking in connection with the use of the “Portal”, including but not limited to the breach of intellectual property rights, the accuracy of the content of the announcements. Furthermore, “BidSee” does not assume any responsibility for the late delivery, interruption or provision of the services under the Agreement for any reason, including but not limited to maintenance and repair works, technical malfunctions.

5.2.7.”BidSee” provides the "Portal" and "Services" "As Is". ”BidSee”  does not make any claims or undertakings that the "Portal" and "Services" are faultless, flawless, uninterrupted, perfect or that they will meet the special needs of the "Member". “BidSee” may make all kinds of changes, updates and similar works on the “Portal” and the “Member” is deemed to have accepted the "Portal" and the "Services" as they are used ("As Is") as long as the member continues to use the Portal and the “Services”,

“BidSee”is not responsible for all kinds of material, moral and financial damages such as direct or indirect damages, loss of profit, loss of data, loss of business, loss of reputation, loss of expected savings, interruption of business arising from the followings and not responsible also for any compensation claims that may be made by the "Member" or a third party in this regard:

(i)  The "Member’s use, non-use, misuse of the "Portal" and "Services" or the "Member’s failure to fulfill its undertakings and liabilities specified in the "Membership Agreement";

(ii) Allthe hardware, system software/other software and network-related functions and any malfunctions caused by these;

(iii) The network, internet connection, connection errors;

(iv) The errors and malfunctions that may occur as a result of all kinds of changes, updates and similar works to be carried out on the "Portal";

(v) The voltage fluctuations, battery and electricity cuts, virus infection and similar factors;

(vi) Theoperating system incompatibilities;

(vii) The emergence of incompatibilities or errors that prevent the "Member" from using the "Portal" without being limited to the above;

5.2.8 ” "BidSee" does not undertake and guarantee to establish a sales contract and relationship between the "Services" offered on the Portal and the "members" and to fulfill the liabilities of the parties against to each other in accordance with this sales contract. BidSee allows the "member" only the right to open the "webcast" and to participate in the webcast opened to other members through the "portal" that it has established.Apart from this, "BidSee" does not have any legal or penal responsibility in terms of the contents of the "webcast" and "webcast announcement", as well as the legal or human relationship that the parties have established between them in "webcast".

5.2.9” The parties are responsible for the legal relationship which they will establish among themselves on establishing a sales contract between the parties for the product agreed to be sold in the "webcast" on the BidSee Portal, delivery of the product to the buyer, payment of the price to the seller, whether the product promoted/sold/auctioned has the specified qualities and features and in all other matters and said matters are the responsibility and liability of the parties. "BidSee" does not have any legal or penal responsibility for any of the said acts. Likewise, "BidSee" does not have any legal or penal responsibility in cases such as giving up the sale of the product that the parties have agreed to sell in the "webcast" on the "BidSee" Portal.

5.2.10 Due to determination of the information provided during the application of the Member is not sufficient, correct or up-to-date or that it is misleading and malicious, prior rejection of the application of the person applying for membership  , receiving complaints or negative comments about the “Member” during the period of his/her membership and similar reasons; “BidSee” may terminate the membership status of the “Member” by terminating this agreement without any notice or without assuming any compensation liability. “BidSee” may take the measures which it deems appropriate so that the necessary investigations can be made by “BidSee” authorities before the membership is terminated. Upon interruption, termination and suspension of the membership relationship for any reason, "BidSee" has the authority to decide exclusively, at its own discretion, on the sequel of the content or other sharing shared by the "Member" on the Portal.

6. Privacy Policy

6.1 “BidSee” may use the information about the "Members" in the "Portal" within the scope of the Privacy Policy in this "Membership Agreement" and in APPENDIX-2, which is one of the annexes and an integral part of this "Membership Agreement". "BidSee" may only disclose to third parties or use the confidential information of "Members" under the conditions specified in the Privacy Policy.

6.2. “BidSee” may also use the information such as name-surname, telephone number, e-mail address requested at the stage of becoming a "Member" other than the purpose and scope determined by the Membership Agreement subject to the conditions stipulated in the applicable legislation and for the purposes of conducting promotional and informative communication activities, research, marketing activities and statistical analyzes through sms, e-mail, mobile in-app notifications and similar methods by obtaining additional approvals and explicit consent when necessary or to contact with the “Member” when it is required. Again, personal data may also be transferred, processed and used by companies in cooperation with “BidSee” in order to conduct research to improve the processes of the mobile application, to create a database and to conduct market research subject to the conditions stipulated in the applicable legislation and by obtaining additional approvals and explicit consents when it is required.

6.3.The data of the “Member”, which is in the nature of personal data and entered into the Portal by himself/herself, is collected and processed by "BidSee" within the scope of the "Membership Agreement" for the purposes of the use of the functions of the "Portal", the provision of services and contents and in accordance with the above-mentioned purposes.For detailed information on the Protection of Personal Data, the mobile application shall be visited. “BidSee” may make amendments in the Personal Data Protection Policy and other personal data related policies, procedures, agreement clauses and terms of use at any time. Amendments become effective as soon as they are published on the "Portal". The “Member” is obliged to follow these amendments and cannot make any demand or claim for damages from “BidSee” regarding such amendments.

6.4. The "Member" accepts, declares and undertakes that s/he is obliged to use the information accessed under the “Portal” in accordance with the purposes disclosed by the “Member” or “BidSee” and that s/he is responsible for the protection, processing, transfer of the Personal Data of the Users or third parties obtained by himself/herself and for all liabilities under the PDPL and that "BidSee" has no liability or responsibility under the PDPL for any personal data other than the personal data collected mandatorily for the use of the internet mobile application in its own systems. The “Member”accepts, declares and undertakes to compensate such loss in cash and in full upon first request in the event that acts in violation of the obligation to protect personal data or processes, transfers or otherwise processes personal data and this use constitutes a violation and if “BidSee” suffers a loss as a result of the decisions of the Personal Data Protection Board or administrative authorities or courts regarding personal data.

6.5. The “Member” accepts, declares and undertakes that in case of a natural person residing in the European Union, the Law No. 6698 on the Protection of Personal Data and its secondary regulations and the decisions and regulations of the Personal Data Protection Board will be applied in relation to his/her personal data and Turkish domestic law will be applied in all legal problems that may arise, regardless of conflict of laws rules and The European Union Directive 95/46/EC and the General Data Protection Regulation (GDPR), which entered into force in the European Union in May 2018, will not be applied and that s/he waives from demanding the application of the conflict of laws rules of the Turkish International Private and Procedural Law.

6.6. The “Member”accepts, declares and undertakes that  "BidSee" does not have any involvement, contribution and "BidSee" has no responsibility for the processing or transfer of personal data in any form and nature in structured systems for indexing or searching by other methods and to direct the application requests to be made as a data owner, especially in the processes related to indexing, to natural and/or legal persons who operate other search engines or search systems, indexing systems, especially Google, which has the title of data controller for cases such as the recording, processing, and removal of personal data that has become public due to "BidSee" membership and/or announcements by Google or other search engines or similar data indexing systems.

6.7. The "Member" accepts, declares and undertakes that s/he will not disclose his/her sensitive personal data while announcing webcast or while using the "Portal" and that s/he knows that "BidSee" has no responsibility regarding the processing of this data in case of disclosure.

7. Intellectual Property Rights

Information accessed within the "Portal" or provided by users in accordance with the law and all elements (collectively referred to as "Copyrighted works of BidSee ") of this “Portal” (including but not limited to "BidSee Database", "BidSee Interface", design, text, image, html code and other codes) are the property of "BidSee" and/or are taken under license from a third party by "BidSee".  The “Members" do not have the right to sell, process, share, distribute, display the "BidSee" services, "BidSee" information and "BidSee"'s intellectual property and copyrighted works or allowing someone else to access or use "BidSee"'s services.Except as explicitly permitted by "BidSee" under this "Terms of Use of Portal ", s/he cannot reproduce, process, distribute or make derivative works of "BidSee"'s copyrighted works. Upon conclusion of this “Membership Agreement”, “BidSee” establishes a non-exclusive and non-transferable right of use (simple license) for the “Member” regarding the limited use of the Portal within the framework of the terms of the "Membership Agreement" and for the purpose of benefiting from the Services.

8. Amendments to “Membership Agreement”

"BidSee" may, at its sole discretion and unilaterally, amend this "Membership Agreement" at any time it deems appropriate, by publishing it on the "Portal". The amended provisions of this "Membership Agreement" will come into force on the date they are published on the "Portal", and the remaining provisions will remain in force and effect and continue to have their provisions and consequences. This “Membership Agreement” may not be amended by the unilateral declarations of the “Member”.

9. Force Majeure

In all cases legally considered force majeure, "BidSee" is not liable for late or incomplete performance or non-performance of any of the acts specified in this "Membership Agreement". This and similar situations shall not be deemed as delay, incomplete performance or non-performance or default for "BidSee" or no compensation under any name can be claimed from "BidSee" for these situations.The term force majeure shall be interpreted as unavoidable events,including but not limited to natural disasters, riots, wars, strikes, communication problems and malfunctions that may occur due to this, power failure and bad weather conditions, that are beyond the reasonable control of the relevant party and that "BidSee" could not prevent despite due diligence.

10. Applicable Law and Authority

If there is element of foreignness in the implementation, interpretation of this “Membership Agreement” and in the management of legal relations arising within the scope of this “Membership Agreement” ,  Turkish Domestic Law shall directly be applied , excluding Turkish conflict of laws rules.Istanbul Anadolu Courts and Execution Offices are authorized in the settlement of all kinds of disputes that have arisen or may arise due to this "Membership Agreement".

11. Enforcement

This "Membership Agreement”, the annexes referred to in this "Membership Agreement" which are an integral part of the "Membership Agreement" and the rules and conditions included in the "Portal" have entered into force by being concluded electronically with the electronic approval of the "Member".The invalidity, being contrary to legislation or non-applicability of any provision of the “Membership Agreement” shall not affect the validity of the remaining provisions of the agreement.

12. Annexes to the “Membership Agreement”

12.1 The "Member" declares and undertakes that s/he has general acceptance on that “Annex-1 Terms of Use, Annex-2 Privacy policy, Annex-3 BidSee Services, Annex-4 Products and Services that are prohibited from Announcement, Offering for Sale, Listing , Annex-5 User Profile and the terms and rules published in the "Portal" are an annex and an integral part of this "Membership Agreement", read and understood their contents, s/he will act in accordance with the "Membership Agreement" and its annexes" and the rules published in the "Portal".

ANNEXES:

Annex -1 Terms of Use
Annex -2 Privacy Policy
Annex -3 BidSee Services  
Annex -4 Products and Services that are prohibited from Announcement, Offering for Sale, Listing ,
Annex -5 User Profile
Annex - 6 List of Products prohibited from Sale/Public Sale (Auction)/ Webcast

ANNEX-1. TERMS OF USE

Please read the terms written below to use the the “BidSee” mobile application. By visiting and/or using the “BidSee” mobile application (the website and/or mobile applications hereinafter referred to as the “Portal”) and/or as a "Member", you have accepted, declared and committed that you have read these "Terms of Use", you have fully understood its content, you have unconditionally accepted all matters specified in the "Terms of Use" and in the "Portal" and which will take place in the future.  If you do not accept these conditions, please stop using the "Portal".

1.1.The owner of this "Portal" is Bits Teknoloji A.Ş. residing at the address "Burhaniye mah. Burhaniye Abdullahağa Cad. E. Sanat Blok No:55/1 Üsküdar/İstanbul". (hereinafter referred to as "BidSee"). The services offered on the "Portal" and specified in article 3 of these "Terms of Use" are provided by "BidSee".

1.2. "BidSee" may amend these "Terms of Use", any information and "Content" included in the "Portal" at any time without any warning or notification to the "USER".Such amendments will be published periodically on the “BidSee” mobile application and will be effective at the time of publication. Each natural or legal person who benefits from the "Portal" services by paying a certain price or free of charge or accessing the "Portal" in any way, is deemed to have accepted the "Terms of Use" and any amendments made by "BidSee" to these "Terms of Use". By publishing these "Terms of Use" on the "BidSee" mobile application, each natural and legal person using the “Portal”has been able to access it. 

2. BidSee SERVICES

2.1. "BidSee" provides that the contents uploaded to the "BidSee Database" by "Members" can be viewed by "Users" through the "BidSee Database" by using interfaces and the webcast environment where the auctions will be held.

2.2. "BidSee" provides monthly ……… hourly "webcast" services to each "member" under the "Portal". Any unused monthly "webcast" rights granted to "members" are not carried over to the next month. Furthermore, it offers additional "webcast" services to "members" for a fee.

2.3. "BidSee" reserves the right to add new ones to the services which it provides within the "Portal", to change the scope and submission conditions of the existing services and the "Content" accessed within the "Portal" at any time, and to block and delete the third party access. "BidSee" can use this right in any manner it wishes, without any notice or without giving any time.

3. TERMS AND LIABILITIES ON USE OF THE BidSee PORTAL

3.1. The "Member" accepts, declares and undertakes that the legal and penal responsibility for each transaction and action carried out by the "Members" within the "Portal" will belong to them and "BidSee" does not have any responsibility regarding such legal and penal liabilities.

3.2. "Portal" works on the basis of displaying the"Contents" uploaded to "BidSee Database" and webcast by the "Members”. "BidSee" does not guarantee the accuracy, authenticity, security and legality of the announcements and "contents" displayed and webcast by the "Users" under no circumstances. “Members" accept and declare that "BidSee" has no responsibility for the said announcement and "Contents", and "BidSee" will not have any indemnity obligation due to any damages that may arise.

3.3. The "Member" accepts and undertakes not to reproduce, copy, distribute, process all kinds of pictures, texts, audiovisual images, video clips, webcasts, files, databases, catalogs and lists within the "PORTAL", and that will not engage in any commercial activity by carrying out such actions; and that it will not directly and/or indirectly engage in acts and transactions that constitute unfair competition.

3.4. The "Members" accept and undertake not to engage in activities that will lead to unfair competition within the scope of the "Portal" in accordance with the provisions of the Turkish Commercial Code, and not to carry out acts that will damage the personal and commercial reputation of "BidSee" and third parties, and that would infringe or attack personal rights,  and to act in accordance with the legislation, public order and general moral rules, and to take the measures required by the legislation and fulfill the procedures, and not to engage in illegal, criminal, irritating, damaging personal rights, infringing intellectual rights, copyrights, trademark rights and property rights.

3.5. ""Users" are obliged to use the information to which they access within the "Portal" only in accordance with the purpose of the "Member" who discloses such information or "BidSee" , and to display them for non-commercial purposes.The contact information in the announcements entered by the Announcing Member can be used for communication to get information about the announcement. Personal data and/or sensitive personal data belonging to the announcer or third parties, which are protected under the Law on the Protection of Personal Data No. 6698, which may be included in the announcement, cannot be used for any other purpose, copied, published directly or indirectly in other channels, processed, distributed, transferred to other databases and cannot be opened to third parties' access and use.

3.6. "BidSee" holds and keeps the records of the transactions carried out by the "Members" on the "Portal" within the legal period, as specified in the relevant legislation. Furthermore, “BidSee” is not a marketplace application and since it is not responsible for establishing a trading relationship between the parties, nor is it a content provider, it is not under any liability or obligation to record “webcasts” and to keep the records of “webcast”. However, "webcasts" by "BidSee" can be recorded by "BidSee" at the initiative of "BidSee" and kept for the period stipulated by "BidSee" within technical possibilities. If the webcast recordings kept by "BidSee" are requested by the judicial and administrative authorities, the "webcast" recordings can be submitted to the relevant judicial and administrative authorities without the approval and consent of the "member". Furthermore, if an event, act and/or content that contains a criminal element is detected in the "webcast", a criminal complaint/complaint/notification can be filed to the relevant judicial and administrative authorities by the request of the persons concerned and/or ex officio by "BidSee".These issues are accepted by the "members" and no rights or claims can be made by the "members" regarding the "webcast" recordings and the consent is given by the "members" with this agreement to the "webcast" recording by "BidSee" and for the sharing of the "webcast" records with the relevant administrative and judicial authorities.

3.7. "BidSee" may use, process, share, disclose, and classify and keep the "Member" information on a database, use it for promotional and communication activities for information pruposes, marketing activities and for statistical analysis.“BidSee" may also use information such as the IP address of the members, which sections of the "Portal" they have visited, domain type, browser type, date and time for purposes such as statistical evaluation and providing personalized services and offers.”BidSee” may transfer member information to the companies with which it cooperates in order to conduct research to improve company processes, create a database and conduct market research, and User information may be processed by these companies, limited to the above-mentioned purposes.

3.8. BidSee has the right to associate the behaviors of the member who comes to the mobile application with a cookie in the browser in order to conduct online behavioral advertising and marketing, and to define remarketing lists based on metrics such as the number of pages viewed, visit time and goal completions, to use marketing automation tools and to submi special messages/offers and suggestions to the member. Afterwards, it can show targeted advertising content to this member in the mobile application or other sites in the Display Network, according to the interests of the users. Furthermore, Google may place cookies on the USERS' browser or read the cookies contained in them or use web beacons to collect information during the redirection of AFS ads to BidSee.

3.9. Access by third parties to the database where the content accessed and/or viewed through the "Portal" is stored only for the purpose of displaying the relevant content and/or the access of "BidSee" within the framework of the "Terms of Use", is legal.Other accesses are unlawful and "BidSee's rights to all kinds of claims, lawsuits and proceedings are reserved.

3.10. “BidSee” consents to viewing “webcast announcements”, participating in “webcasts” and using “BidSee Interface” in order to learn the contents of “webcasts”, trying to reach a certain number or all of announcements and webcasts through the database for a purpose other than this, partial or complete copying of announcements and webcasts, directly or indirectly publishing, compiling, processing, transferring them to other databases in other media, release this database to third parties' access and use, to commit similar acts, including linking to announcements on "BidSee", are not allowed and consent is not given by “BidSee” . Such acts are contrary to the law and "BidSee reserves the necessary right of claims, litigation and proceedings.

3.11. In case of using all or any part of the Portal for the purpose of disrupting, modifying, reverse engineering, trying to break API protocols with reverse engineering method or any other method and unauthorized access to parameters such as API key, API secret key, request headers, client authentication algorithm or sharing these parameters with third parties without permission, attempting to access the "mobile application" in a way that hinders, disrupts or interferes with the communication or technical systems of the "Portal", using automatic programs, robots, spiders, web crawlers, spiders, data mining, data crawling and similar "screenscraping" software or systems, automatic tools or manual processes on the "mobile application", accessing the data or software of other users without permission, bot running as a result of determinations to be made according to miscelleanous criteria, DDOS attacks and any other unlawful use or attacks against all kinds of systems, such as disrupting, changing, reducing or destroying all or a part of all other systems, reducing or destroying their current performance, such use will be blocked at BidSeen's sole discretion.Even if there are no such uses, BidSee may consent to the use of the Portal when it deems necessary, only after the user logs in with his/her user name and password. It is unlafwul to use the "mobile application" and the content in the "Portal" outside the using limits determined by the "Terms of Use". All kinds of claims, litigation and proceeding rights of "BidSee" are reserved.In case of detection of illegal use of these terms and conditions; “BidSee” has the right to report the “User” to the competent authorities. “User” accepts that s/he is “personally responsible” for damages and claims arising from such uses.

3.12. The "User" accepts and undertakes that "BidSee" cannot be held responsible for any direct or indirect damages that may occur in case of interruption of the service provided on the "Portal", and the problems,delays, failures in information transmission and data loss.

3.14. The Trust Stamp only indicates the existence of the regulatory compliance criteria, which are examined, monitored and controlled by the GDS in accordance with the relevant Communiqué.Apart from this, the Trust Stamp Provider cannot under no circumstances be understood as the guarantor or undertaker of the agreement between the parties, nor is it the guarantor of the defect-free qualities and the complete supply and delivery of the goods or services in the mobile application.Furthermore, the Trust Stamp Provider cannot be held legally responsible for the goods that not being delivered, delivered late or not delivered in accordance with the committed qualifications.

4. INTELLECTUAL PROPERTY RIGHTS

Information accessed within the "Portal" or provided by users in accordance with the law and all elements (collectively referred to as "Copyrighted works of BidSee ") of this “Portal” (including but not limited to "BidSee Database", "BidSee Interface", design, text, image, html code and other codes) are the property of "BidSee" and/or are taken under license from a third party by "BidSee".  “Users" do not have the right to resell, process, copy, share, distribute, display the "BidSee" services, "BidSee" information and "BidSee"'s copyrighted works or allowing someone else to access or use "BidSee"'s services.Except as explicitly permitted by "BidSee" under this "Terms of Use of Mobile Application ", s/he cannot reproduce, process, distribute or make derivative works of "BidSee"'s copyrighted works.

"BidSee" reserves all its rights regarding "BidSee" services, "BidSee" information, "BidSee" copyrighted works, "BidSee" trademarks, "BidSee" commercial view or other assets and information provided through this mobile applicatio unless expressly authorized by "BidSee" within these "Terms of Use".

5. AMENDMENTS TO “TERMS OF USE”

"BidSee" may unilaterally amend this "Terms of Use” at any time by announcing it on the "Portal". The amended provisions of this “Terms of Use" will come into force on the date they are announced.  This “Terms of Use” may not be amended by the unilateral declarations of the “User”.

6. FORCE MAJEURE

In all cases legally considered force majeure, "BidSee" is not liable for late or incomplete performance or non-performance of any of the acts. The term force majeure shall be interpreted as unavoidable events,including but not limited to natural disasters, riots, wars, strikes, communication problems and malfunctions that may occur due to this, power failure and bad weather conditions, that are beyond the reasonable control of the relevant party and that "BidSee" could not prevent despite due diligence.

7. APPLICABLE LAW AND AUTHORITY

If there is element of foreignness in the implementation, interpretation of this “Terms of Use” and in the management of legal relations arising within the scope of this “Terms of Use”, Turkish Domestic Law shall directly be applied, excluding Turkish conflict of laws rules.Istanbul Anadolu Courts and Execution Offices are authorized in the settlement of all kinds of disputes that have arisen or may arise due to this “Terms of Use ".

8. ENFORCEMENT and ACCEPTANCE

These "Terms of Use" come into force on the date of publication by "BidSee" on the "Portal". "Users" are deemed to have accepted these "Terms of Use" and the amendments made time to time by using the "Portal".

 

ANNEX-2PRIVACY POLICY

The purpose of this Privacy Policy is to determine the terms and conditions regarding the use of the mobile application (“Portal”) managed by Bits Teknoloji Anonim Şirketi (“BidSee” or “Company”).  The definitions in the Terms of Use and Membership Agreement will be taken into account when interpreting the terms not defined in this Privacy Policy. Users will be deemed to have accepted this Privacy Policy upon accepting the Membership Agreement.

BidSee constantly renews itself and strives to provide the best service in order to render better service to its users in the internet field with innovative product and service applications by making investment in technology.

BidSee has the right to associate the behaviors of the member who comes to the mobile application with a cookie in the browser in order to conduct online behavioral advertising and marketing, and to define remarketing lists based on metrics such as the number of pages viewed, visit time and goal completions, to use marketing automation tools and to submi special messages/offers and suggestions to the member. Afterwards, it can show targeted advertising content to this member in the mobile application or other sites in the Display Network, according to the interests of the users.

Furthermore, Google may place cookies on the Google Users' browser or read the cookies contained in them or use web beacons to collect information during the redirection of AFS ads to BidSee.

Amendments to the Privacy Policy

"BidSee" may update and amend this "Privacy Policy” at any time by publishin it on the "Portal". Updates and amendments made by BidSee in the Privacy Policy will be effective from the date of their publication on the Portal.

The User undertakes that the information subject to this Privacy Policy is complete, accurate and up-to-date and that if there is any amendment in this information, s/he will immediately update them via the mobile application. BidSee will not have any responsibility if the User has not provided up-to-date information.

ANNE – 3“BidSee"SERVICES

BidSee may amend the "price" and/or "rule" and/or "content" at any time without any warning or notice to the "User"/"Member" regarding the services mentioned below and other services that it will implement over time. Amendments made by BidSee regarding its services will be effective as of the date they are published on the "Portal". Each natural or legal person accessing the "Portal" is deemed to have accepted all amendments made by "BidSee".

1. "BidSee" Webcast Announcement" and "Webcast" Services

1.1. In accordance with the rules determined by "BidSee", the "Member" will either start a "Webcast" directly or create a future-dated "Webcast Announcement" over the "BidSee Membership Account" and upload it to the BidSee Database and will start "Webcast" when the announcement date comes.

1.2 "BidSee" will be able to evaluate the announcement(s) created by the "Member"; it will be able to refuse the publication of such announcements on the "Portal". "BidSee" will be able to freely prescribe and determine the criteria, conditions and periods for the evaluation of the announcements.

1.3 "BidSee" may temporarily or permanently stop the publication of the relevant announcement without giving any notice to the "Member", if the "Webcast Announcement" and "Webcast" on the "Portal" are against the law and morality, infringing on the personal and commercial rights of others, or to be addresse to the warnings made in this direction, or it is directly or indirectly contrary to the terms and conditions of this agreement and the "Portal".  The parties accept, declare and undertake that "Bidsee" will not make any repayments to the "Member" regarding the abovementioned situation and similarly the "Member" will not claim or proceed against "BidSee" for the refund of the price paid by himself/herself.

1.4 "BidSee" may conclude agreement with third parties so that the "Member"'s announcements and the text, images and content in the announcement can be displayed on other sites, search engines and "BidSee" announcements and advertisements. The "Member" explicitly declares and accepts in this agreement that s/he has authorized the "BidSee" in this regard.

1.5 The "Member" accepts, declares and undertakes that s/he is responsible for all kinds of work and transactions made over the "BidSee Membership Account"; that he/she cannot put forward any plea and/or objection that s/he did not carry out the work and transactions performed here and/or s/he will not refrain from fulfilling its liabilities based on this plea or objection.

1.6 The "Member" accepts, declares and undertakes that s/he will not carry out any unlawful acts and webcasts such as defamation, detract, commercial slander, threat or harassment in the announcements and webcasts to be published on the "Portal", that s/he will not take steps and actions that will cause unjustified or excessive burden on the infrastructure of the "Portal", that s/he will not to publish disgraceful, pornographic or immoral texts, images and publications on the "Portal".

1.7 The "Member" will make advertisement, promotion and webcast its goods and services with real, accurate and legal information in the announcements published on the "Portal". The "Member" is legally prohibited from posting announcements or webcasting regarding goods and services that do not have the power of disposition, as stated in the announcement."BidSee" may suspend the "Membership", remove from the "Membership" or temporarily remove from the "Membership" of the "Members", without any notice, who make announcement and webcast within this context and it may terminate this agreement unilaterally without any liability to pay back.

1.8 The "Member" accepts, declares and undertakes that s/he will not post any announcements contrary to legislation, including but not limited to those regulating consumer protection, intellectual rights, unfair competition and advertising issues, that s/he will not start webcast and that there will not be any content such as pictures, videos and webcast content in its announcements and webcasts.

1.9 The "Member" accepts, declares and undertakes to pay the fee for the package / tariff that s/he has chosen concerning with the purchase of "webcast" and "webcast announcement" rights. "Webcast" and "webcast announcement" package usage rights contents and fees are determined by "BidSee" and are offered to "members" at the purchase stage. The announced "webcast" and "webcast announcement" package usage right contents and fees do not constitute a vested right in terms of "member" and "BidSee" reserves the right to unilaterally change the "webcast" and "webcast announcement" package usage rights and fees at any time.

1.10 Natural or legal persons using the "Portal" can only open one membership account in the "Portal". For this purpose, users accept, declare and undertake not to open more than one "BidSee Membership Account" having different user names, e-mail addresses and phone numbers. If it is determined by “BidSee” that such rule has been violated; all “BidSee Membership Accounts” of “Member” can be stopped or suspended by “BidSee” or this member can be removed from membership.In case the user, who has been removed from the "Membership" or whose "Membership" has been stopped or whose membership has been suspended for any reason, opens a new membership account to enter the Portal and this new membership is determined by "BidSee"; “BidSee” reserves the right to cancel all “BidSee Membership Accounts” of this user without any notice and to terminate this agreement unilaterally without any refund, compensation or penal clause liability.

2. Relationship between "BidSee" "Members"

2.1.The service rendered by "BidSee" is a system that provides the infrastructure that ensures the "webcast" environment specified in this agreement in order for "Members" specified in this agreement to make online auctions using the infrastructure of the "Portal".

The following provisions regulate the rights and liabilities of "Members" who use "BidSee" as "Buyer" and "Seller" and the status of "BidSee" against these rights and liabilities. These provisions have been added to this agreement in order to protect the rights of the "members" against each other and "BidSee" has no involvement in the relationship established between the members. “BidSee” provides a webcast environment that allows only auctions to be held within the scope of the service that it renders to its members.

2.2.“BidSee” is neither a party nor responsible for the dialogue, relations and agreements established between the members during the webcast. Pursuant to the freedom of contract between the parties, an agreement can be reached under the conditions determined by the parties and "BidSee" does not undertake to establish and constitute a deal or legal relationship between the parties.

2.3.”BidSee” is not responsible for any deficiencies, legal defects and similar legal problems arising from the agreements to be established between the “members” in the “webcast” made within the scope of its service. Because, within the scope of the service rendered, "BidSee" only allows the "member" for webcast and the parties are personally responsible for the legal problems related to the sales transaction established between the parties.

2.4. The "Selling" member declares, accepts and undertakes to provide all information in full about the products to be presented to the users in the "Webcast", not to give misstate information about the products, to assume legal responsibility for the legal defects in the product, and in this regard, for all visible and hidden defects, furthermore,  the products to be auctioned shall not be prohibited products and shall not be against the law and morality and shall not be the subject of a crime,  and if an agreement is concluded with the buyer,  to deliver the product to the buyer in accordance with the agreement .

2.5.‘If the 'Buyer' is a member and in the event that the agrement is concluded, s/he declares, accepts and undertakes to send the sales price to the seller's account in accordance with the agreement.

3. Supplementary Services

In addition to the basic "services" listed above, the "Members" can benefit from the "Services" announced on the "Portal" and terms of use of which are specified in the relevant parts of the "Portal", if a fee is foreseen for the relevant service by paying the specified fee. "Members" accept and undertake to comply with the obligations within the framework of the explanations made in the relevant section of the "Portal" regarding the services defined by "BidSee" within the scope of this article and announced in the relevant section of the "Portal".

4. Campaigns and Offers

4.1 “BidSee” has the right and authority to determine the price and pricing schemes of the announcements and webcasts to be published on the “Portal”. “BidSee” may organize miscelleanous campaigns or offers while determining webcast rights and pricing schemes. Campaigns or offers are valid for natural and legal persons using the "Portal". A natural or legal person cannot benefit from the same campaign or offer again by opening a new "BidSee Membership Account" or using other existing "BidSee Membership Accounts" after benefiting from the campaign or offer by using their own "BidSee Membership Account". In this manner, in case it is revealed that s/he has benefitted from the same campaign or offer again; its membership may be terminated by “BidSee”. Campaigns or offers submitted to natural and legal persons are not assignable.

4.2 BidSee has the right to organize several campaigns, lotteries, etc. for "Members" from time to time. It is obligatory for "members" to participate in this campaign, lotteries and other events using their "User Name". The general conditions for such campaigns and lotteries organized by "BidSee" are as follows; “BidSee” reserves the right to determine different or supplementary conditions regarding any campaign or lottery.

4.2.1 In order to benefit from any lottery and campaign, it is obligatory that the transaction that gives the right to participate in the lottery or campaign has been carried out within the lottery and/or campaign period determined by "BidSee".

4.2.2 In the event that the transaction that gives the right to participate in the lottery and/or campaign is withdrawn or refunded for any reason before the end of the lottery and/or the campaign, the "Member" also loses his/her right to participate in the lottery and/or campaign. The “Member” accepts that the relevant transaction cannot be withdrawn or refunded after the end of the lottery and/or the campaign.

4.2.3 In order to participate in any campaign or lottery or to benefit from the results of the campaign or lottery, the Membership must not have been canceled by BidSee or the Member.

ANNEX-4 THE RULES OF THE ANNOUNCEMENT AND AUCTION AND THE PRODUCTS THAT ARE PROHIBITED TO ANNOUNCEMENT AND AUCTION

1.The User agrees and undertakes that s/he will only use BidSee for his/her lawful activities, and that s/he will act in accordance with this Agreement, its annexes, applicable legislation and other terms and conditions stipulated in the mobile application regarding the mobile application.

2.The member who makes an announcement and webcasting is deemed to have accepted and committed to comply with the rules of announcement and webcast and the rules specified in the membership agreement and not to include in the announcement any explanations that may deceive the consumer in accordance with the legislation, especially the laws and regulations.

3.The auction announcement that a “Webcast” will be opened on the "Portal" on the day and time determined by the "member" must provide all information about the product subject to the announcement completely and accurately. The auction announcement, that "Webcast" will be opened on the day and time determined by the "Member", cannot contain false information about the product subject to the announcement and any unlawful and immoral phrases cannot be included in the announcement. The auction announcement, that the “Webcast" will be opened on the day and time determined by the "Member", all information about the product subject to the announcement is entirely under the responsibility of the "Member" and "BidSee" has no penal or legal responsibility in this regard.

4.Products subject to announcement and live webcast cannot be from products that are prohibited to be sold, products that are against the law and morality, and products that have been the subject of a criminal act. This issue is entirely under the responsibility of the "Member" and "BidSee" does not have any penal or legal responsibility in this regard.

5.The current list of products that are prohibited from announcement and webcasting on the mobile application portal can be found on the Prohibited Products List page. “BidSee” may make additions to the products that are prohibited from announcement and webcasting in line with the explanations it will make in the relevant sections of the portal and the Prohibited Products List may be created and updated unilaterally by “BidSee” without the approval of the “members”. The “Member” must follow the prohibited products up-to-date, make an announcemen for non-prohibited products and open a webcast.

6.Users are obliged to use the information, which they access within the "Portal", only for the purpose of the "Member" or "BidSee" disclosing this information and to display them for non-commercial purposes. The contact information in the announcements and webcasts entered by the Member who made an announcement and opened a webcast can only be used for communication purposes in order to obtain information about the product sold in the announcement and webcast.Personal data and/or sensitive personal data belonging to whom making announcement and the starting webcast, or third parties, which are protected under the Law on the Protection of Personal Data No. 6698, which may be included in the announcement and webcast, cannot be used for any other purpose, copied, directly or indirectly published in other media, processed, distributed, transferred to other databases and made available to third parties for access and use.

7.The persons who make announcement or webcast agree that those deemed appropriate by BidSee will be published in social media, press releases and other media.

8.In the mobile application, only one announcement can be placed regarding the webcast of a product. In case of more than one announcement placed for the same webcast, the announement(s) made in excess will be removed from the webcast.

9.It is deemed to have accepted and committed to comply with the specified rules in accordance with the legislation, especially the laws and regulations by the member, who conducts an auction and sells products, will not sell anything for any purpose other than the legal and moral products that may be subject to the auction, will not publish for any purpose other than the sale of products, in this regard, will not make webcast for purposes such as obscene publications, illegal match web publishes and similar purposes that do not have a sales purpose.

10.Memberships of the “members” who breach the rules and liabilities in the agreement and its annexes are terminated unilaterally by “BidSee” without any notice and the announcement and webcasting rights purchased by the “members” are cancelled and no refund is made.

ANNEX- 5USER PROFILE

1.User Profile is the information page where the scores are displayed, given by the other members in accordance with their evaluations made about the member who makes webcast as a result of the webcast transactions that users have previously made by using the "BidSee" "portal".

2.The Member Profile assessment system is an assessment and scoring system created entirely with the initiative and assessments of the "Members" in order to enable secure communication and trade between "Members", and for "Members" and "Users" to have an idea about other "Members".

3.While creating the Member Profile and adding a new score to the user profile, all legal and penal responsibility for the scoring made by the "Members" belongs to the "Member" who made the scoring. "BidSee" will not accept any legal responsibility for the scorings listed in User Profiles. “BidSee” has no laibility to make investigation or assessment whether the said scroings are fair or accurate.

4.The said ratings cannot be changed, deleted or voted again for the same sales transaction.

5.The "Members" accept and declare that they cannot act to manipulate the Member Profile assessment system, to force the counterparty “Member” to give a positive scoring for his/her profile or to prevent them from giving negative scorings by using any method for any reason; If they do so, they will indemnify BidSee for all the damages incurred by BidSee and BidSee has the right to terminate this agreement unilaterally and without notice and cancel the membership of the "Member".

6."Members" may not assign the member profiles created for them to another "member" under any terms and conditions or allow their use in any manner.In case the "Member" asigns the member profile created for him/her to someone else or makes it available for use, the "Members" accept and declare that BidSee has the right to terminate this agreement unilaterally and without notice and to cancel the membership of "Member"'.

They accept and declare that if the "Members" breach the rules specified on the portal by BidSee or the provisions of this agreement and its annexes, penalty points may be deducted from their user profiles by BidSee.

ANNEX- 6 LIST OF THE PRODUCTS THAT ARE PROHIBITED TO SALE /AUCTION (PUBLIC SALE)/WEBCAST

The products listed in below are not allowed for Sale/Auction (Public Sale)/Webcasting and sale for a safe and healthy user experience on BidSee. BidSee will immediately close the Sale/Auction (Public Sale)/Webcasting of the relevant product if it is determined that any product that is prohibited to be put up for Sale/Auction (Public Sale)/Webcast is put up for Sale/Auction (Public Sale)/Webcasting. In this case, “BidSee” reserves the right to unilaterally terminate the membership of the member without any notice.

• Materials and products having pornographic content, Adult Toys

• Sales of domains of websites opened on behalf of betting, video chat, pornographic and pharmacies

• Alcoholic Products, Tobacco Products, Narcotic Substances, Electronic Cigarettes

• All Medicines, Medical Devices , Excipients directed to pass medicine tests

• Miraculous Cure Products or Services, Fortune Telling and Conjuration and Other Services

• Pets & Wild Animals, Fossils, Endangered Animal Products

• Financial Services, Illegal Services

• Medical Services, Massage Services

• Weapons Included Services, All firearms, accessories and knives, Military equipment

• Recurring Product Downloads

• Non-trading audience messages

• Electroshock weapon, Robbery tools (picklock etc.), Flammable and explosive products, Harmful and explosive chemicals

• Radio and communication devices, Bugs, Radar detectors

• Web attack and hacking software, Decoders

• Mass e-mail addresses and lists
• Social network and other internet membership accounts

• Devices and equipment used to intervene in the management system of vehicles

• Airbag and equipment, Seat belt adapter

• Replica products

• Game of chance tickets

• Products whose purchase/sale is subject to government permission

• Body fluids (Breast milk, etc.), human and other living organs

• Sale of foreign currency (excluding Collection), Gold (excluding Collection), sale of virtual currency, sale of counterfeit money

• Gift vouchers or discount coupons of other institutions, organizations and e-commerce platforms

• Stolen goods, products their serial numbered issued, Prohibited books and publications

• Uncertified seeds, Copyrighted products, Uncertified products

• Stocks, bonds, bills

• Smuggled and prohibited products

• Cultural and natural properties

• Food and pet foods, Energy Drinks, Food supplements, sports supplements

• Underwear, fancy clothing

• Digital products (Computer/Playstation/Mobile games, gift coupons, etc.)

• Optical eyeglass frames, Hearing Aids

• Graveyard sales, Meteorite sale

• The products whose sale and transfer are prohibited and/or restricted by agreements. (Game accounts, Brand special drink cabinets, etc.)
• Lighters that appear different from what they are (such as cartoon characters, toys, guns, bombs, watches, telephones, musical instruments, gadgets, human bodies or organs, animals, food or drink-like or musical notes, glowing lights, moving objects, or lighters with other entertaining features)

• Sales of anything that is illegal and immoral, including but not limited to this list