Scope
These general terms and conditions apply to all legal relationships between Sun Republic Real Estate, Serap Nedim Apt . No. 1 Samsun Bulvari Iskele , 9985, and the user who uses the offers and services available on the KIBRIZ platform (website and mobile app, hereinafter “platform”) as a consumer pursuant to § 13 BGB (hereinafter “user”), within the scope of use of the KIBRIZ database (hereinafter “database”).
Services of KIBRIZ
2.1. KIBRIZ brings together sellers and buyers of real estate via the Internet on the platform, which is available at KIBRIZ.com. The user has the option of uploading their own content to the platform and/or accessing content from third parties.
2.2. An exclusive information service is available to registered users, which provides information on their published offers when they are logged in.
2.3. Various related services are also offered on the KIBRIZ platform (especially real estate, financing and relocation), which are also subject to these GTC, unless otherwise agreed.
2.4. The user is aware that permanent and uninterrupted availability of the platform, the database and their content is technically not feasible. KIBRIZ will do its best to ensure platform and database availability. However, necessary security or maintenance work or technical faults can temporarily lead to the unavailability of the services of KIBRIZ.
2.5. KIBRIZ is entitled to further develop the design of the KIBRIZ platform and services, including functionalities and content, in accordance with the state of the art and customary in the market, taking into account the legitimate interests of the users.
Registration by the user
3.1. The use of certain KIBRIZ services requires the user to register on the KIBRIZ platform. Registration is only permitted for users of legal age and full legal capacity. Only registered users are allowed to place advertisements in the KIBRIZ database.
3.2. When registering, the user must provide his e-mail address, a password and his address.
3.3. If the user changes the e-mail address used during registration, he must notify KIBRIZ of this immediately.
3.4. The e-mail address and password are the access data for using the KIBRIZ services that require registration. The user must keep the password secret and may not pass it on to third parties. If third parties gain knowledge of the user’s password, the user must report this to KIBRIZ immediately and change the password.
Posting content to the database
By submitting the registration data and the content to be included in the database, the user makes an offer to KIBRIZ to conclude a contract for the temporary inclusion and provision of the content in the database. After receiving the offer, KIBRIZ decides whether to accept it. The acceptance of the offer takes place through the inclusion of the content in the database. KIBRIZ is entitled, but not obliged, to also distribute the posted content free of charge via social media.
Information and obligations of users
5.1. Users who advertise real estate via the KIBRIZ platform or services (hereinafter “providers”) undertake to only post serious real estate offers. The information provided by the provider regarding the offer must be compiled carefully and truthfully. The offer must be deactivated immediately if the object offered is no longer available (e.g. marketed or reserved). Non-serious real estate offers include objects, advertisements and content that violate legal regulations, morality (e.g. raffles, competitions) or the rights of third parties.
5.2. A provider can place several advertisements.
5.3. It is only permitted to offer real estate offers from one’s own portfolio. The resale of advertising spaces and contingents or other services provided by KIBRIZ is expressly prohibited. Likewise, the use or joint use of the account by third parties is expressly prohibited. If there is a suspicion of a violation of the above obligations, KIBRIZ can request proof of the marketing order. The provider also undertakes not to pass on his property data in the form technically prepared by KIBRIZ ( exposé ) to third parties (with the exception of interested parties or KIBRIZ brokers).
5.4. Offer designs that only serve to attract the attention of interested parties are considered abuse and are prohibited. Such abuse occurs in particular in the following cases:
a. Incorrect and/or erroneous information about the property address;
b. Multiple listings of the same item or re-posting of the same item shortly after the listing has been removed;
c. Use of offers as advertising space for the provider or third parties (including images and offers that have no relation to the property of the advertised property or do not comply with the KIBRIZ guidelines for image publication, as well as placement of contact details and/or the provider logo in the property image of the offer) ;
i.e. Classification in the wrong category (e.g. hire-purchase under rent instead of purchase); Submission of search queries under offer; vague or incorrect information in the listing (including incomplete listings, incorrect geographic attributions, or images that do not show the advertised item); Specification of information that does not correspond to the intended content of the respective input field or is intended for another input field (e.g. e-mail address in free text); or advertising objects or offers for which there is no category on the platform (e.g. caravans);
e. Forwarding of interested parties to fee-based Internet or telephone services.
5.5. Offers for which an external brokerage commission is required in connection with a transaction may not be published.
5.6. Irrespective of possible consequences under civil and criminal law for the individual provider, non-compliance with one of the behavioral obligations specified in this Clause 5 entitles KIBRIZ to immediately deactivate the relevant offers. In the event of repeated non-compliance despite corresponding notifications from KIBRIZ, KIBRIZ is entitled to remove the data concerned, to delete the offer, to terminate the contract with the provider concerned without notice for good cause and/or to block access to the KIBRIZ database system immediately.
5.7. The rights of the provider from the contract with KIBRIZ are not transferable.
5.8. If a user reports a problem when using the KIBRIZ platform or services, which he wants KIBRIZ to correct, the user is obliged to actively cooperate in troubleshooting. In particular, he must transmit the information required for the correction and, if necessary, take the necessary measures.
5.9. The user’s obligation to pay the commission remains unaffected by the measures referred to in this clause.
Responsibility for content and communication with other users
6.1. The user is responsible for the content he/she posts (in particular images) on the KIBRIZ platform. In particular, he guarantees that the content is not illegal and does not infringe the rights of third parties (e.g. copyrights, trademark rights, personal rights, rights to one’s own image) or offend common decency. KIBRIZ is not obliged to check whether posted content affects the rights of third parties or violates legal regulations. The user is obliged to correct or delete the content posted by him if it does not meet the requirements for the design of offers according to clause 5. The user can make changes via the “Dashboard” menu or the area for registered users. The user must also ensure that the content and communication he transmits does not contain any viruses or similar harmful programs.
6.2. If claims are made against KIBRIZ by third parties, including state institutions, within the framework of this contract due to the violation of third-party rights or other violations of rights, the user shall indemnify KIBRIZ from these claims and support KIBRIZ in the legal defense to which KIBRIZ is entitled, but not obliged, and assumes the necessary costs of the legal defense of KIBRIZ. The prerequisite for this is that KIBRIZ informs the user immediately in writing (by e-mail is sufficient) about asserted claims and violations of rights, does not make any concessions or acknowledgments or equivalent declarations without prior agreement and enables the user to conduct all judicial and extrajudicial negotiations at his own expense to lead the claims. KIBRIZ reserves the right to make further claims.
6.3. In the event of a violation of the regulations described in this clause, KIBRIZ is entitled at any time to reject content or to remove or deactivate it immediately and without prior consultation with the user. KIBRIZ will immediately inform the user of the reasons for the refusal, deletion or deactivation. Irrespective of possible civil and criminal consequences for the user, non-compliance with one of the behavioral obligations specified in this clause entitles KIBRIZ after prior warning – or in special circumstances, taking into account mutual interests also without warning – to terminate the contract with the user without notice for good cause and/ or to immediately block access to the KIBRIZ database system.
Rights of Use
By placing content in the database, the user grants KIBRIZ the free and unlimited right to use this content for the types of use required for the operation of the KIBRIZ platform and services as well as for inclusion in the database and access by third parties. In particular, KIBRIZ has the right to store, reproduce, edit, adapt, provide, transmit, license, publish and make publicly available the content, including use in the form of online advertising banners and other advertising materials of KIBRIZ and its cooperation partners, in (print) cooperation with third parties or through cooperation partners of KIBRIZ, e.g. in the context of so-called retargeting marketing, in which visitors to the KIBRIZ platform are specifically addressed with advertising for real estate, financing and relocation, which they previously had on the viewed the KIBRIZ platform . In addition, KIBRIZ is entitled to use the content placed in the database in compliance with data protection regulations for analysis purposes, to further develop the platform and for product development and marketing to the extent specified above.
rights to the database
8.1. KIBRIZ owns the rights to the content of the platform and the database. KIBRIZ is exclusively entitled to all copyrights, trademarks and other property rights to the database work, the database and the content, data and other elements posted here. The rights of the user to the content posted by him remain unaffected.
8.2. Within the scope of these terms of use, the user has the right to make individual data sets visible using the online search masks provided by KIBRIZ and to make printouts for permanent visibility. Automated queries using scripts, bots, crawlers or similar measures, bypassing the search mask, the use of search software or similar measures (in particular data mining, data extraction ) are not permitted.
8.3. The user may not use the data obtained through the query either in full, in part or in part to create their own database in any form or for commercial data exploitation or information distribution or for other commercial exploitation purposes. Linking, integration or other connection of the database or individual elements of the database with other databases or meta databases is not permitted.
No Warranty for User Content
9.1. KIBRIZ does not guarantee the accuracy and completeness of the information, content, declarations and identity of users made in connection with the KIBRIZ platform and services.
9.2. The content or offers placed in the database are third-party content for KIBRIZ. The legal responsibility for this content does not lie with KIBRIZ, but with the person who uploaded the content to the database.
Liability
10.1. The following applies to damage caused to the user in connection with the KIBRIZ platform and services by KIBRIZ, subcontractors or their respective vicarious agents: In the case of intent or gross negligence and in the case of a guarantee, there is unlimited liability. In the event of slight negligence, KIBRIZ is also liable without limitation in the event of injury to life, limb or health. In the event of slight negligence in the breach of essential contractual obligations, KIBRIZ is only liable for the foreseeable, typically occurring damage that can be traced back to the breach of obligation. Any further liability for claims for damages, except for claims under the Product Liability Act, is excluded.
10.2. KIBRIZ is liable for data loss or costs of useless data input within the scope of the above provisions only to the extent that would have been unavoidable if the user had saved the data available to him in the last processing status in machine-readable form.
10.3. The contributory negligence of the user must be taken into account in any case. In particular, the user is obliged to check the correctness of the data entered by him and displayed by KIBRIZ by means of at least one search query.
10.4. The above provisions also apply to employees.
Compensation and Retention of Benefit
11.1. In the event of a successful mediation of a house or property, the provider pays a commission of 10% of the sales price. The right to payment arises after the conclusion of the contract between the seller and the buyer. The commission is transferred directly from the settlement office to the KIBRIZ account.
Deletion of the offer or revocation
You can delete your offer at any time in your dashboard. If we have found a potential buyer for your property of which you will be informed in advance and you decide not to sell the property or have already sold the property but have not deleted the listing, we will charge a processing fee.
Data Protection and Deletion of Offers
14.1. Our data protection guidelines apply to the personal data of the user collected, processed and used during registration, implementation and use of the KIBRIZ platform and services.
14.2. If an offer or a property is deleted, all object-related data of the offer will be irrevocably deleted.
Change of Terms and Conditions
15.1. KIBRIZ reserves the right to change these terms and conditions at any time with a reasonable notice period of at least 3 weeks, unless this is not reasonable for the user. The user will be informed of changes to the GTC by e-mail to the e-mail address provided by him or in another suitable form. If the user does not object within the notice period or continues to use the KIBRIZ platform or services, the amended GTC will be deemed accepted. When notifying the user of the changes, KIBRIZ will inform the user of the importance of this period and the legal consequences of not objecting.
15.2. KIBRIZ reserves the right to change, add to or discontinue the KIBRIZ Platform or Services at any time.
16. Final Provisions
16.1. The legal relationships between KIBRIZ and the user are subject to the law of the Turkish Republic of Northern Cyprus.
16.2. For users and providers, the place of jurisdiction is the registered office of Sun Republic Real Estate.
As of 07/18/2023