Cosalindo is a social platform that operates in architecture and design which brings professionals, designers, product and service providers, the end user together within scope of the listing products. Through Cosalindo platform, Users access and share ideas, information, visuals, projects, products and services.
You are deemed to accept, declare and undertake to comply with the rules set out in the contract herein, provisions of contracts that are annex to this contract, and rules declared on the Platform regarding the use of the system, membership and all the services offered by Cosalindo, upon using the platform or signing up as a member to Cosalindo.
Cosalindo is entitled to alter this contract unilaterally whenever deemed necessary, by declaring it on the Platform. The altered provisions of the contract herein shall enter into force on the date of announcement, the remaning provisions shall remain in force and bear consequences.
Whenever deemed necessary, Cosalindo may terminate this contract unilaterally with immediate effect, cease or terminate your membership without any pior notice and without any obligation to compensate the damages incurred. Cosalindo, is entitled to terminate this contract, cease or terminate the membership at it’s sole discretion.
In order to register to the Platfrom, the applicant must be of age and the power of authority is required to represent any legal entity as a Cosalindo User. If you do not fill the requirements set out in this Article or your membership is suspended or terminated by Cosalindo, even so completing the membership procedures shall not grant the ability to use the rights offered to members.
You must ensure the safety of the username and password that you use when logging in to the Platform and shall be solely responsible for ensuring it is used exclusively on your behalf and that it is kept safe from the knowledge of third parties.
Upon using Cosalindo you hereby accept, declare and undertake to comply with the terms and conditions set out in the contract herein or annexes to this contract, general ethics, and any applicable or future legislation regarding tax, consumer protection, e-commerce, competition, advertising and intellectual property rights. In this scope, you hereby accept and declare that;
To use the Platform solely for lawful purposes, that you alone shall be liable for any transaction and action you performed that may induce civil and criminal liability.
The information you provided to the Platform is accurate and lawful and that you hereby accept publishing these information on the Platform shall not violate any legislation.
To not copy, reproduce, distribute the content of the Platform; such as pictures, texts, visual and audio, video clips, files, database, catalogs in such a way that it violates Cosalindo’s or any other third party’s real or individual rights or upload any content which specified in this Article herein.
Under no circumstances, by using any method, you shall not act or attempt to manipulate Cosalindo, and that you will indemnify Cosalindo for any damages incured for your actions, Cosalindo is entitled to suspend or permanently terminate your membership.
To not perform defamation, profanity, commercial slander, threat or harassment or publish texts or visuals that are offensive, pornographic or immoral that are contrary to the law or morality.
To not engage in activities such as altering any part of the Platform, sublicense, translate, sell, reverse engineer, decompile the source code, disintegrate or remove any copyright, trademark or other proprietary rights contained in the Platform and shall not not distribute viruses, worms or similar or harmful files, scripts or programming routines, collect membership or visitor data without their explicit consent, prepare or distribute junk mail, spam, chain letters or other deceptive or unwanted bulk or commercial e-mails.
To not use the Platform for purposes other than the intended use, and you shall not engage to acces, reproduce, copy, transmit, process, directly or indirectly publish the datas partially or as whole on different platforms, or give a link through the Platform.
The information contained in the Platform shall not be copied, partially or as whole, or transferred to other databases and third parties shall not be allowed to access or process the aforementioned databases.
Throughout your transactions, you shall not give any links or share contact information of any other website, content of a website or a data contained on the server, without the written consent of Cosalindo.
Cosalindo shall not be liable for any direct or indirect damages that my incurred from activities within the Platform, that are contrary to the provisions of this contract herein or the related legislation, Cosalindo shall not be liable for breach of contract, tort, negligence any other reason and for transaction interruptions, error, negligence or outage.
Cosalindo is entitled to alter or modify the applications and the services offered through the Platform, in order to enhance the user experience and making your transactions more efficient. The terms and conditions regarding these alterations shall be announced by Cosaliondo in the relevant page of the Platform.
Users shall not allow, transfer or let any third party to use their User Account, Profile or any of the rights and responsibilites granted to the members, partially or as a whole, without the written consent of Cosalindo.
You may terminate your membership whenever you deem fit. Cosalindo is entitled to unilaterally, temporarily or permanently delete or suspend your membership account without any prior notice.
Cosalindo operates with the Secure Payment Cycle system to provide a secure and easy payment system to the Users as an intermediary service. Secure Payment Cycle is provided by the financial intermediay institutions /or banks which the customer pays the service fee to the Professional User’s pool account, in order to ensure that the Distance sales Contract concluded between the consumer and the Professional User is executed in accordance with the payment terms. If no complaint is issued by the Customer within 48 hours following the fulfilment of the service, the service fee will transfer to the Professional User’s account from the pool account within a specified time period.
In scope of the rules of the Platform set out herein, the services provided by Cosalindo are as follows; marketing, promoting and advertising of the products and services owned by Professional Users through the Platform, to act as a mediary by utilizing the system in exchange for a settled fee, the sale of the aforementioned goods and services between the Professional User and the buyer, and to provide a secure purchase transaction.
Cosalindo is virtual market place that brings together the Professional Users and the Members, and allows the Sale / Purhase of the products and services offered through the Platform. Products and services offered through the the Platform are owned and listed by the Professional Users and not by Cosalindo, therefore Cosalindo shall not be deemed as a party to the sale contract, and shall not guarantee or undertake any obligations regarding the quality,qualification, orginality of the product or service, or that the products and services are accurate, complete, reliable, well descripted and updated.
In order to provide the services set out in the contract herein, Cosalindo accepts, declares and undertakes to establish and operate the necessary technological infrastructure. Obligations regarding the establishment of the aforementioned technological infrastructure set out in this Article shall not be deemed as an unlimited and compelete service undertaking.Cosalindo, at it’s sole discretion, is entitled to cease the access or terminate the services and the technological infrastructure specified by this contract herein without any prior notice.
Cosalindo may give links to other websites, files or contents that are owned and operated by Professional Users, service providers, or any third party and not by Cosalindo. Links are provided for ease of referance, and shall not be deemed as supporting the website or it’s operator, offers no guarantee regarding the website and it’s content. Cosalindo shall not be liable for the links it shares in the Platform and to the websites, files, content, or any product or services offered through the website, accessed via the link.
Within the scope of the services provided by Cosalindo, acting as a intermediary service provider, complying with the Law on the Regulation of Electronic Commerce and the relevant regulations pertaining the application of the aforementioned Law, Cosalindo shall not be liable for the content provided by real or legal entities within the Platform or under any obligation regarding the investigation of any illegal activity or situation related to the content.
A seperate protocol will be drafted in addition to this contract herein, concerning the fee for the intermediary service of sale of the products, or a monthly or annual fixed fee upon the preference of the Professional User, following the reconciliation of the Parties..
If you happen to be a Professional User that will display and put your products to sale through the Platform, you are deemed to accept;
That you undertake the obligations such as listing the products in the appropriate and correct catagories, complying with provisions of the Bank Cards and Credit Cards Act and the provisions of the Regulations of the Bank Cards and Credit Cards issued pursuant to the aforementioned Law, and the provisions of the Law on the Protection of Consumers or any other relevant legislation, and not to use irrelevant search tags for the product.
That the listed products that are available are in compliance with the relevant legislation, that you are authorized to supply these products, and that these products are compatible for publication, listing for sale and to be sold on the internet.
That you shall not mispresent your products, that the advertisements are in compliance with, including but no limited to, Consumer Protection Law, Intellectual Property Right, Unfair Competition and the relevant regulations concerning regulations on advertising, and not to use any statements, visuals such as pictures and videos that are compliance with the relevant legislation.
That all tax liabilities of the listed product are fulfilled.
That you are liable for the listed products and services, as well as the content, stock and pricing information are updated and compatible with the relevant legislation. If a service is subject to any legal restrictions, ensuring the listing of the service is in compliance with the restriction.
Upon the payment of the indicated price by the Customer, you shall complete the sale of the product and will deliver the product in accordance with the delivery conditions declared on the Platfrom and the delivery preference of the Customer.
In accordance with the contract herein, the products or services shall be delivered to the Customer in a clear, timely and unambigous manner, and in compliance with the qualifications described in the listing of the product or service, failing to do so shall induce a refund to the Costumer.
That Cosalindo may request documents certifying the authority to sell the listed goods and services, upon failing the delivery of the requested documents in 3 (three) weekdays, Cosalindo is entitled to unilaterally suspend or terminate your membership.
That you shall not sell illegal products, products that you do not possess the ownership rights, fake / imitation products, and without receiving the statutory permissions necessary to sell the product or service within the Platform.
You hereby accept, declare and untertake to indemnify Cosalindo for any damages incurred by selling products or services that violates this contract herein, or any other relevant statutory provisions.
That upon the detection of the products or services which are wrongfully categorized, containing misleading information, contradicting with the Cosalindo principles or listing illegal products, and especially those listed below, Cosalindo is entitled to unilaterally, cease the use of the Platfrom partially or as a whole, and terminate the contract immediately. Upon the termination induced by this Article, you shall have no rights to demand compensation.
- Pornographic products or any services considered as erotic,
- Products that display or encourage child pornography and other sexual content that would lead to distribution of pornography,
- Dissemination of drugs, psychotropic substances or poisons,
- Sales of prescription drugs,
- Products or services that are likely to incite crime or products which the trade would eliminate copyright protection through technical means,
- Products or services deemed to be within the scope of Anti- Terror legislation,
- Products or services containing insults or cursing, which damage Cosalindo’s reputation in the eyes of third parties ,
- You shall not make payments regarding gambling bets and gambling winnings regardless of the premise or type of the gambling activites,
- Products that violate the intellectual and industrial property rights of third parties.
That if deemed necessary, Cosalindo is entitled to file a complaint and notify the relevant supervisory and regulatory bodies (especially concerning stolen, illegal or counterfeit product sales) without making a prior notice to the Professional User
Before purchasing the products offered by the Professional User’s, you are deemed to accept the terms and conditions of the contract herein and the terms set out below:
You shall read the relevant description, delivery and refund information in full.
By issuing a purchase order for the products that are offered through the Platform, you are deemed to accept all the terms set out in the Platform and that you accept to enter into a contract of sale with the Professional User. Under these circumstances, a distant sales contract and a pre-contractual information form shall be drafted virtually and you shall accept these contracts.
Cosalindo shall offer you instalment preferences, in accordance with the limitations pursuant to the Directive on Bank Cards and Credit Cards.
Product listings may contain reviews and product ratings of third parties. The product reviews does not belong to Cosalindo, but solely belong to the Cosalindo users.
You hereby accept that the credit card information you provided during your purchase shall be stored by the third party payment systems and intermediary financial institutions /banks which Cosalindo collaborates. The aforementioned consent shall be deemed as the statutory explicit consent which is required to store the credit card information by the third party payment systems. Upon notifying Cosalindo that you explicitly decline the storing of your credit card information, such information shall not be stored by the payment systems. You hereby accept, declare and untertake that the security measures regarding the storing of the credit card information shall be provided solely by the payment system, and that Cosalindo is not liable for the storing of the information and the sole addressee regarding the matter shall be the payment system provider. You reserve the right to renounce the storing of your credit card information and request the deletion of the information.
As part of the use of Cosalindo, you are entitled to upload visuals, profile, projects, product description, techinical information, pricing information, logos, videos, blog posts and etc. , send messages through the Platform, review and comment in the scope of a Article 2.5 (collectively, “User Content” ). In this case, the User Content you provide;
May be seen buy the general public and may not be deemed as a classified or personal property.
That you are the owner of the intellectual property rights or you possess the right of use.
You hereby accept, declare and untertake that, within the duration of this contract, Cosalindo is entitled an exclusive licence, free of charge, to revise, classify, divide, merge, publish, or negotiate with third party websites to be displayed on their sites, search engines, and in Cosalindo ads pursuant to the Intellectual Property Law and other relevant legislation, processing, reproduction, dissemination, representation and signage, including TV channels, online promotion platforms, through institutions broadcasting via wired or wireless channels such as radio - television, satellite and cable, or including using the rights regarding the publishing to general public or put to use of third parties through devices that allow digital transmissions via signals, sound or visuals, including digital media such as internet, smart device applications, mobile devices, not limited to any location, content or number in broad or abroad.
Cosalindo shall not untertake or guarante the correctness of the User Content, to ensure that it is safe, accurate and lawful. Cosalindo shall not be liable for the publishing or display of the contents on the internet, and shall not be liable for any damages incurred due to the publishing of such content regarding the listed product. The user shall be solely liable concerning the accuracy and undertaking the compliance with the relevant legislation of the User Content.
Cosalindo is entitled to control or refrain the access to the User Content whenever deemed necessary, regarding the content that violates the relevant legislation, third parties rights, contractual obligations or general rules of ethics, and may terminate the membership of the user without any prior notice.
Cosalindo may integrate an evaluation and scoring system, forum, communications network, and messaging infrastructure (collectively, “System”) based on the initiatives and evaluations of the Users, in order to inform the Users about Professional Users and ensure the safety of the communication and trade among the Users. When evaluating and posting comments on the profile pages of the Professional Users, you are deemed to accept that;
Your reviews and comments are complete, accurate and relevant to the products and services offered through the Platform
Your reviews concerning the product or services is based on your personal experiences
Your reviews and comments are in compliance with the Terms and Conditions set herein.
The reviews and comments made on the Professional User’s profile shall not be altered or deleted by the Professiol User without the written consent of Cosalindo. The reviews shall placed in Cosalindo records and shall be visible to all users.
PROFESSIONAL USER POLICY
That you may create a Professional User Account representing a legal entity, as long as you are the representative authority of the aforementioned entity, and upon detection of the absence of your representative authority, you are personally liable for any obligations or damages incurred.
That all the professional and commercial information you provided are accurate, complete and updated.
That Cosalindo is platform that brings together Professional User’s to masses; in this context it is not guaranteed to be displayed at the top of the search results; that the display of your profile depends on many factors such as the popularity, visual adept, comments and user interactions, thus Cosalindo shall not warrant any favoured listings in search results unless offered through paid membership packages.
To indemnify the customers for any damages incurred due to a violation of the obligations you undertake and that you shall act in accordance with the Law on Consumer Protection, Distance Sale Contracts Directive, and all the relevant legislation regarding the Law on Regulating Electronic Commerce. You are deemed to accept to be the sole addressee of any demands and obligations that are arising due to your actions, and to comply with the developments and rules implemented in the Platform.
That there are no restraints in publishing of the material trough the Platform and that you are the owner or licensee of the intellectual property rights relating to the projects you offered and any material regarding their projects such as images and videos they uploaded through the Platform and your Professional User page.
That you shall fulfil all obligations regarding the tax legislation for every product or service you offered through the Platform.
That upon the detection of breach to the contract herein or any relevant legislation,you shall fulfil any transaction requested by Cosalindo without any delay.
To provide Cosalindo with all the requested documents upon any enquiry, written warning or legal action addressed to Cosalindo from third parties or public institutions regarding a service or product that you offered in the Platform, in order to defend the Company if such occasions arise.
PROCESSING AND SECURITY OF PERSONAL DATA
Your personal data may be collected orally, written or electronically, with respect to your explicit consent, depending on the services rendered by Cosalindo; by automatic means or otherwise than by automatic means, through membership forms, websites and mobile applications, e-mail, call centers, questionnaire and evaluation forms and the like, in the scope of the Turkish Personal Data Protection Law no. 6698.
Within the scope of the Law, Cosalindo shall be the Data Controller and the Company hereby accepts and untertakes to fulfil it’s obligations arising from the Law.
Your collected personal data is processed in accordance with the conditions set out in the 5th and 6th Articles of the Turkish Personal Data Protection Law no. 6698 and may be shared with the Cosalindo's shareholders, subsidiaries, business partners, suppliers, external service providers and public authorities and organizations authorized by law, in accordance with the conditions mentioned in the Law and by taking necessary safety precautions, with the objectives following:
The fulfillment of Cosalindo’s legal obligations under all laws and regulations applicable, in the scope of the activities carried out, mainly the Law Concerning the Protection of Consumers, the Regulation on Distance Contracts and the Regulation of Electronic Commerce, and the exercise of its rights arising from the current legislation,
The performance of the conditions of the contract and protocol, concluded in order to provide services of Cosalindo and subject to the products and services, and to be able to fulfill in full and correctly the obligations.
Communication with you related to the products and services rendered,
Communication activities for promotion and information purposes,
Providing a better shopping experience for you,
Performing statistical analyzes and market surveys and by using this information to make periodic campaign studies, promotional activities special to you or to carry out the activities of advertising, promotion and marketing,
Improving Cosalido’s activities and our processes in order to render better services to you and provide your satisfaction,
Evaluating your complaints and suggestions about products and services rendered,
Receipt, via authorized payment institutions, of payments in the transactions made via payment cards, prevention of the payment irregularities, and solution of complaints related to the transactions,
Arrangement of all records and documents which shall be the basis of transactions,
Offering suggestions by Cosalindo’s institutions with agreement and solution partners,
Cosalindo don’t use and sell your personal date with any objectives except these objectives, this scope and its activities.
All necessary technical and administrative measures are taken by Cosalindo to prevent your personal data from being processed illegally and to prevent illegal access to your data and to preserve your personal data safely.
You are entitled to learn whether your personal data is processed, to demand information about the processed data, to learn the purpose of the processing and to check whether such data processed in accordance with it’s purpose, to obtain information regarding the third parties that your personal data is transferred to, demand correction regarding your personal data if there is mistake, request a notification to the third parties which your personal data is transferred concerning the mistake in the data, request permanent removal, obliteration or anonymization of your personal data if the purpose of the process cease to exist, to object any adverse outcome related to the processing of your personal data, claim compensation for the damages incurred due to unlawful data processing
Personal data shall be deleted, destroyed or anonymized by Cosalindo at the latest six months period or no later than thirty days on your request, if the reason which necessitate processing is disappeared, even though it has been processed in accordance with the Turkish Personal Data Protection Law no. 6698 and other related law provisions and regulations
The Website uses Facebook’s and Google Analytics' Remarketing & Demographics and Interest Reporting features. The User can opt out of Google Analytics for Display Advertising using the Ads settings, and the Google Display Network ads can be customized. Demographic information provided by Google Analytics and Facebook is used to customize the Ads on the Website and, if applicable, the Site, to the interests of the Users. This information may be shared with advertising publishers, including information about other Users, while being used in the determining of target group. This information does not include personal information (name, surname, T.C ID, sex, age, etc.), but is used for studies the user trends as a group and to compile the target. By agreeing the User Agreement, anonymous information is accepted to be shared with advertising publishers for advertising and promotional purposes.
Cosalindo may send you commercial electronic messages electronically, by taking your approval in advance, using means such as telephone, call centers, fax machines, automatic call machines, smart voice recorder systems, electronic mail, short message service.
Any further approval shall be taken from you, in cases where you give your contact information in order to communicate with Cosalindo, for commercial electronic messages regarding the modification, use and maintenance of goods or services rendered.
You can always be removed from the mailing list by clicking “Please click here if you don’t want to receive e-mails” link at the bottom of the e-mail
Cosalindo shall be entitled to disclose the shared / private / commercial information to the public authorities if such information is requested by the official authorities pursuant to the provisions of the applicable prevailing legislation and that the Professional User accepts and declares that he/she will not claim any compensation from Cosalindo for disclosing their personal data. Apart from this, Cosalindo may disclose the name and the family name of the Professional User upon any allegations regarding the violation of rights of any third parties or upon notification by the third parties to Cosalindo regarding they will proceed judicial remedy against the Professional User
INTELLECTUAL PROPERTY RIGHTS
The Company owns all the materials (“material”) of the Website and Application including the general view and design and all information, picture, trademark of the Company and all other trademarks, internet domain name, logo, icon, demonstrative, written, electronic, graphic or technical data which is machine-readable, computer software , the sales system, business methods and business model. The Company is the owner or licensee of intellectual property rights relating thereto, and these Materials are under legal protection.
Any material in the Platform, including code and software, cannot be changed, copied, reproduced, translated, re-published, installed on another computer, posted, transmitted, presented or distributed without prior permission and reference. The whole or a part of the Application or Website cannot be used in another website or mobile application without permission. Actions against this provision herein entails legal and criminal responsibility. All other rights to the company not expressly granted herein are reserved.
Cosalindo is not liable for any late or incomplete exercise in the scope of the events that are judicially accepted as force majeure. Cosalindo shall not be entitled to any compensation or deemed to be delayed, incomplete or non-performance or as default if such events occur. The term force majeure implies events that can not be prevented or avoided even if Cosalindo performed the necessary dedication such as including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, improvement or renewal of the system and other reasons beyond the reasonable control of the concerned party
Books and records, computer records, electronic and system records stored in the database and servers, commercial records, fax messages, instant messaging applications, e-mails, social media correspondence are valid, binding, definitive evidence and treated as a direct evidence contract regarding any disputes arising from this contract herein.
GOVERNING LAW AND JURISDICTION
Turkish Law shall govern any dispute arising out of the implementation and interpretation of the Agreement herein, or the Agreement itself. In the event of any dispute arising out of or in connection with this Agreement, Istanbul Courts and Execution Offices are authorized