1. Parties
This Membership Agreement (“Agreement”) has been concluded electronically between EREM YAYINCILIK TANITIM HİZ. LTD. ŞTİ., located at Dap Vadisi, Merkez Mahallesi, Kağıthane Caddesi No:5, Kat:3 İç Kapı No:96-97, Y Ofis, 34406 Kağıthane, İstanbul/Türkiye (“Bayim Olur musun” or the “Company”), and the real or legal person user who becomes a member of the website/portal www.bayimolurmusun.com.tr (“Member”, “Corporate Member” or “User”).
By registering on the Portal or using the Portal services, the User is deemed to have accepted this Agreement, the terms of use published on the Portal, the KVKK Clarification Text, the Explicit Consent Text, the Commercial Electronic Communication Information Text, and other relevant policies and rules.
2. Definitions
Portal: Refers to the website consisting of the domain name www.bayimolurmusun.com.tr and its subdomains, which brings together investor/entrepreneur users and corporate members offering franchise, dealership, and business partnership opportunities.
User: Refers to any real or legal person accessing the Portal.
Member: Refers to the user who becomes a member of the Portal and benefits from the services offered within the Portal.
Corporate Member: Refers to a real or legal person user who is a member of the Portal, engages in commercial activities, and shares brand/franchise/dealership/business partnership information through the Portal.
Investor Member: Refers to a real or legal person user who reviews franchise, dealership, or business partnership opportunities through the Portal, submits applications, or wishes to contact brands.
Store / Brand Panel: Refers to the private management area where the Corporate Member can add, edit, display, and manage brand, franchise, or dealership information and view and manage applications on the Portal.
Sub-User: Refers to the real person authorized by the Corporate Member to perform transactions on the Portal on behalf of the Corporate Member.
Content: Refers to all kinds of information, text, visuals, videos, logos, brand information, franchise terms, investment information, documents, and similar content published on the Portal.
Personal Data: Refers to any information relating to an identified or identifiable real person within the scope of KVKK.
3. Subject and Scope of the Agreement
The subject of this Agreement is to determine the terms of use of the services offered on the Portal, membership conditions, and the rights and obligations of the parties.
The User agrees to act in accordance with this Agreement, applicable legislation, general moral rules, the principles of good faith, and all policies and statements published on the Portal while using the Portal.
4. Membership Conditions
A user who wishes to become a member of the Portal is obliged to provide the information requested in the membership form accurately, completely, and up to date.
Bayim Olur musun reserves the right to reject any application, request additional information and documents, suspend membership, or terminate membership.
Users who wish to register as Corporate Members must be authorized to conduct commercial activities and, if acting on behalf of a legal entity, must be authorized to represent and bind the relevant legal entity.
Membership rights are personal or institution-specific. Membership cannot be transferred to third parties without the written approval of Bayim Olur musun.
5. Corporate Membership and Brand Panel
The Corporate Member may use the brand panel provided to them in order to publish brand, franchise, dealership, or business partnership information on the Portal and manage applications.
The Corporate Member accepts that all information published on the Portal is accurate, up to date, complete, and compliant with applicable legislation.
The Corporate Member is solely responsible for all information such as investment amount, franchise entry fee, contract terms, dealership conditions, location information, brand descriptions, and similar details.
Bayim Olur musun is not obliged to investigate the accuracy of the information provided by the Corporate Member.
6. Sub-Users
The Corporate Member may define sub-users to use the brand panel.
The Corporate Member is responsible for all transactions and actions carried out by Sub-Users on the Portal.
The Corporate Member is obliged to remove Sub-Users whose authorization they wish to revoke through the system without delay or notify Bayim Olur musun accordingly.
7. Rights and Obligations of the Member
The Member accepts, declares, and undertakes that they shall:
- Act in accordance with all rules on the Portal and applicable legislation,
- Ensure that the information provided within the scope of membership is accurate and up to date,
- Be responsible for the security of their username and password,
- Not process, share, or use personal data belonging to others unlawfully,
- Not perform any actions that may endanger the security, operation, or infrastructure of the Portal,
- Not copy, reproduce, distribute, or publish the content on the Portal on other platforms without permission,
- Not infringe the intellectual property rights of Bayim Olur musun,
- Not share content that is unlawful, misleading, deceptive, incomplete, or that violates the rights of third parties.
8. Rights and Obligations of Bayim Olur musun
Bayim Olur musun aims to provide the necessary technical infrastructure to make the services offered through the Portal available to a reasonable extent.
However, Bayim Olur musun does not guarantee that the Portal will be uninterrupted, error-free, or continuously accessible.
Bayim Olur musun may:
- Make changes to Portal services,
- Suspend or terminate memberships,
- Remove content that is contrary to law, morality, protection of personal data, third-party rights, or Portal rules,
- Request information, documents, or corrections from the Corporate Member where deemed necessary,
- Publish advertising and promotional spaces on the Portal,
- Share information with authorized institutions and organizations within the scope of legal obligations.
9. Application and Information Sharing
If an Investor Member applies for a brand, franchise, or dealership opportunity through the Portal, their name and surname, phone number, e-mail address, investment preference, and application information may be shared with the relevant Corporate Member/brand.
This sharing is carried out for the purpose of evaluating the application and enabling the relevant brand to contact the investor.
The Corporate Member accepts that they shall use the personal data provided to them only for application evaluation and communication purposes, shall not process such data unlawfully, shall not share it with third parties, and shall comply with their obligations under KVKK.
All administrative, legal, and criminal liability that may arise due to the Corporate Member unlawfully processing, sharing, or using personal data shall belong to the Corporate Member.
10. Accuracy of Content and Liability
All content on the Portal, including brand, franchise, dealership, investment amount, entry fee, contract terms, location information, and similar information, is provided by the relevant Corporate Member/brand.
The accuracy, completeness, currency, and compliance with legislation of such information are entirely the responsibility of the relevant Corporate Member/brand.
Bayim Olur musun does not accept responsibility for information provided by Corporate Members that may be incorrect, incomplete, outdated, or contrary to applicable legislation.
Before making an investment decision, the Investor Member should contact the relevant brand/franchise provider directly, carefully review all terms and conditions, and obtain the necessary legal, financial, and commercial advice.
11. Privacy and Protection of Personal Data
Bayim Olur musun processes personal data in accordance with KVKK and relevant legislation.
Detailed information regarding the processing of personal data can be accessed through the KVKK Clarification Text, Explicit Consent Text, Privacy and Cookie Policy, and other relevant texts available on the Portal.
The Member is obliged to use personal data belonging to third parties accessed through the Portal only to the extent limited to the purpose of sharing.
The Member is responsible for all damages and sanctions that may arise if they act contrary to the protection of personal data.
12. Commercial Electronic Communications
If the Member provides explicit consent and/or approval, Bayim Olur musun may send commercial electronic communications to the Member via SMS, e-mail, phone, WhatsApp, mobile notifications, and other electronic communication channels.
The Member may withdraw their consent to receive commercial electronic communications at any time.
Refusal requests shall be processed in accordance with applicable legislation within no later than 3 business days.
13. Intellectual Property Rights
All intellectual property rights relating to the design, software, interface, database, brand elements, content structure, texts, visuals, and all other components of the Portal belong to Bayim Olur musun or the relevant rights holders.
The Member may not copy, reproduce, distribute, process, publish on other platforms, or use the content on the Portal for commercial purposes without the written permission of Bayim Olur musun.
14. Third-Party Links
The Portal may contain links to websites, platforms, or content belonging to third parties.
These links may be provided solely for informational or referral purposes.
Bayim Olur musun is not responsible for the content, security, services, or policies of third-party websites.
15. Amendments to the Agreement
Bayim Olur musun reserves the right to update this Agreement and other policies and rules published on the Portal at any time.
Updated texts shall enter into force on the date they are published on the Portal.
By continuing to use the Portal, the Member accepts that they are subject to the current agreement and policies.
16. Force Majeure
Natural disasters, war, rebellion, strike, epidemic, communication problems, infrastructure and internet failures, power outages, cyberattacks, system maintenance and renewal works, and similar events occurring beyond the reasonable control of Bayim Olur musun shall be considered force majeure.
In cases of force majeure, Bayim Olur musun cannot be held responsible for the late, incomplete, or non-provision of services.
17. Evidence Agreement
The Member accepts that, in any disputes that may arise from this Agreement, the electronic records, system records, log records, and computer records kept by Bayim Olur musun in its own systems, database, servers, and commercial records shall constitute conclusive and exclusive evidence within the meaning of Article 193 of the Turkish Code of Civil Procedure.
18. Governing Law and Jurisdiction
Turkish Law shall apply to the implementation and interpretation of this Agreement.
Istanbul Central / Çağlayan Courts and Enforcement Offices shall have jurisdiction over any disputes arising from this Agreement.
19. Entry into Force
This Agreement enters into force upon the Member’s electronic approval or upon the Member starting to use the Portal.
The invalidity or unenforceability of any provision of the Agreement shall not affect the validity of the remaining provisions.