This User Agreement (“Agreement”), Bakiyem Payment Solutions and Technologies A.Ş. (“Bakiyem”) and the natural or legal person who registers as a user (“User and/or Seller(s)”) on the Bakiyem mobile application and/or the website with the domain name Bakiyem.com (“Site”).
The Agreement will enter into force upon its acceptance by the User in the electronic environment and will remain in force unless terminated by the parties in accordance with the procedures specified in the Agreement.
It is deemed that the user/s have fully understood and fully approved the provisions of this Agreement since they become a member of my balance.com. For this reason, it is necessary to read this Agreement and the Clarification Text before becoming a member of bakiyem.com, and to complete the membership procedures in case of an unapproved provision.
This User Agreement is registered in the Ankara Trade Registry with the registration number 449282, which is a joint stock company established and continuing its existence in accordance with the laws of the Republic of Turkey and Bahçelievler Mahallesi 323/1 Cad. B Block Gazi University Technopolis Building Apt. No: 10 /50b/15 Gölbaşı /Ankara Bakiyem Payment Solutions and Technologies Inc. and Bakiyem.com website user, for the User's use of the Website and with the acceptance of the Website by the User in the electronic environment, and will remain in effect unless terminated by the parties in accordance with the procedures specified in the Agreement.
This Agreement enters into force on the date it is signed/approved by the Parties and remains in effect as long as the User's subscription to Bakiyem continues.
“Agreement” means this User Agreement. This contract is an inseparable whole with all its articles and provisions.
“Bakiyem” or “Company” means Bakiyem Payment Solutions and Technologies Incorporated,
“User” or “Seller” means that he/she has the right to dispose of the property, legally owns the property and becomes a member of Bakiyem.com within the terms specified in this Agreement, through the website named Bakiyem.com and/or the mobile application. natural or legal persons who offer goods and/or services for which they are authorized,
“Buyer” means the natural or legal person who purchases the goods and/or services offered for sale by the Seller by using the products and/or services offered on the Site,
“Website” means the website where platform Services are offered, consisting of the domain name www.bakiyem.com, all rights of which belong to the Company, and the sub-domains connected to this domain name,
“Mobile Application” means IOS / Android based Bakiyem Mobile Application,
“Link” means references that the User can access by clicking on a different document or resource from the document he is reading, or by interactions such as hovering, touching,
“Products and Services” means all kinds of products and services offered or to be offered in the future by Bakiyem and/or Business Partners, which the User can reach twenty-four hours a day, seven days a week through the Mobile Application and/or Website,
“Business Partner” means the Member Workplaces with which Bakiyem has an agreement, which offers products and/or services related to the transactions carried out by the User through the Mobile Application and/or Website and the opportunities offered within the scope of Bakiyem Services,
“Interface”, used by Users to view the products and/or services offered by Bakiyem and to query them from Bakiyem.com Database; Websites that are protected under the Law on Intellectual and Artistic Works No. 5846 (FSEK) and whose intellectual rights belong to Bakiyem.com, that command a computer program to carry out any transaction that can be made on Bakiyem.com, refers to
The User will be able to access the services that are the subject of this Agreement, from the address Bakiyem.com or through the Mobile Application. The registration process is completed by sending the required identity information to become a member of the Site by the person who wants to become a User from the relevant section of the Site. Before the membership process is completed, you cannot have the right and authority to become a User defined in this User Agreement. The Company reserves the right to reject the membership of those who have completed the membership procedures but do not find it appropriate to be a User.
The user accepts that he must provide the information necessary for the provision of products and services or within the scope of the legislation, and that he cannot benefit from the products and services of Bakiyem if this information is not provided.
Persons under the age of 18, persons with disabilities and those who do not have the power to appeal can only act through their parents or legal representatives. Otherwise, all transactions will be deemed invalid.
The user is obliged to protect his user name and password information. The user cannot disclose this information to third parties and cannot make it available to third parties. If the user learns that this information belonging to him is used without permission, he declares and undertakes in writing to notify the situation to Bakiyem.com immediately. Bakiyem.com has the right to block the User's access to balancem.com and/or terminate his membership in order to prevent unauthorized use. Necessary investigations for the exercise of this right can be carried out by Bakiyem.com.
Users can only make legal transactions on Bakiyem.com. The legal and penal responsibility for every transaction and action made by the users on balancem.com belongs to them personally and only. In this context, Users accept and declare that they will comply with the legislation in force in all transactions and that all responsibilities set by the legislation belong to them.
The user accepts and declares that the information (but not limited to name, surname, telephone, TR ID number, address, e-mail, bank account information, etc.) defined on Bakiyem.com is correct, up-to-date and belongs to them. If my balance determines that this information is not correct by any means, it can cancel the membership or apply other sanctions that it deems appropriate, without giving any further notice to the User.
Issues related to the security, storage, keeping away from third parties' information and use of the means of accessing the system (username, password, etc.) used by the users in order to benefit from the services offered by Bakiyem are the sole responsibility of the Users. Bakiyem does not have any direct or indirect responsibility for the damages incurred or to be incurred by the Users and/or third parties due to all negligence and faults in the security, storage, keeping away from the information of third parties, use of the users' access to the system.
Users cannot transfer their rights and obligations under the User Agreement, in whole or in part, to any third party without the written consent of Bakiyem.
The User shall not reproduce or copy the pictures, texts, visual and audio images, video clips, files, databases, catalogs and lists on the Site in a way that would infringe the real or personal rights or property of Bakiyem and/or any other third party, It accepts, declares and undertakes that it will not distribute, process, and will not compete directly and/or indirectly with Bakiyem either through these actions or by other means. Bakiyem cannot be held responsible in any way, directly and/or indirectly, for the damages incurred or to be incurred by third parties due to the activities of the Users on the Site in violation of the provisions of the User Agreement and/or the law.
Users accept, declare and undertake that they will not act in a way to transfer money between their own memberships or memberships belonging to their acquaintances on the Site, and that they will not act to manipulate the operation of the Site, otherwise they will indemnify any damages incurred by Bakiyem.
The Seller or the User accepts, declares and undertakes that the ownership of the Product/s offered for sale on the Site belongs to him/her and/or he is authorized to transfer the ownership and that there is no legal or other obstacle against the sale of the Product/s by him/her.
For the products offered for sale by the User or the Seller; Bidding by himself, his friend, relatives or another person he knows is considered as "manipulation" (making a fake offer). Sell the Prohibited Products that are "manipulated" and/or specified in the User Agreement and by the relevant legislation.
Membership of the Seller or User, who is found to be offering prohibited products for sale and/or not complying with the provisions of the User Agreement and the rules specified on the Site, may be temporarily or permanently canceled by Bakiyem.com.
The Seller or the User, the rules regarding the use of the Site and the Services offered on the Site, the terms of membership, determined by the provisions of the User Agreement or specified in certain parts of the Site, of the Product/s offered for sale, including the Prohibited Products. and/or accepts, declares and undertakes that it is not contrary to any applicable regulation and is in compliance with the current legislation. The Seller shall be solely responsible for any liability that may arise due to the violation of the provisions specified in this article.
The Seller or the User bears all legal responsibility for the Product/s displayed on the Site, that the Product/s has been put on the market before by the manufacturer or authorized dealers in Turkey and around the world, and that balancem.com is responsible for product supply and sales. accepts that it is not in any direct or indirect relationship with it, under any title.
The Seller or the User may request a transaction to Bakiyem.com in order for the Buyer to receive the product and transfer the product price in Bakiyem.com account to the Seller's account; or accepts, declares and undertakes that by not accepting the Product sent to him by the Seller, he may return the product to the Seller and request a transaction to Bakiyem.com for the return of the Product price to him.
The Seller or the User, pursuant to the User Agreement, will send and ensure the delivery of the Product on time, undamaged, in accordance with the qualifications specified on the Site and free of defects; It accepts, declares and undertakes that the sale of the Product to the Buyer, the transfer of ownership and related rights and the liabilities belong solely to him.
The Seller or the User shall transfer the sales price sent by the Buyer to Bakiyem.com account to be transferred to him/her, after the Service fee commission including VAT is deducted, to the bank account notified by the Seller to Bakiyem.com; In this process, Bakiyem.com accepts, declares and undertakes that it has not made any transactions or savings on the Buyer's money in Bakiyem.com Account.
The Seller shall immediately indemnify Bakiyem.com in case of any damage to Bakiyem.com in case of breach of any provision in this Agreement; He accepts, declares and undertakes that if he has money in his Bakiyem.com Account, Bakiyem.com will be able to take the damage arising from this amount without any notice or warning condition.
The Seller is solely responsible for all kinds of damages that may arise from the buyers and third parties, both during the sale phase and after the sale process is completed and the payment is made, regarding the Products offered for sale, and that the buyer and the right are responsible for not fulfilling the obligations set forth in this User Agreement. It accepts, declares and undertakes that it will cover the rights and receivables, expenses and attorney fees arising from all claims and lawsuits brought forward by the owners. There is always the right of recourse to the Seller for attorney's fees, compensation and other claims arising from all lawsuits against Bakiyem.com by the Buyer and the right holders.
The Seller accepts, declares and undertakes that it will be responsible for the accuracy of the information about the Product and that Bakiyem.com is not obliged to check the accuracy of this information provided by it.
Through the Site, Bakiyem.com may "link" to other websites and/or portals, files or content owned and operated by third party vendors, providers and other third parties that are not under its control. These “links” may have been provided by the Users or by the website for ease of reference only, and do not constitute a representation or guarantee of any kind for the purpose of supporting the website or the person who operates the website, or for the website or the information it contains. Bakiyem has no responsibility for the portals, websites, files and content accessed through the "links" on the site, the services or products offered from the portals or websites accessed through these "links" or their content.
Bakiyem, content and/or content necessary for the purpose of detecting messages and/or content between Users that are contrary to the operation of the Site and/or the User Agreement and/or the general rules of the Site and/or general morality and cannot be accepted by Bakiyem / or scan messages and remove the messages and / or content it detects from access at any time and in any way; Bakiyem may give a written warning to the User who created this message and/or content and/or terminate the User's membership, temporarily or permanently, without any notice.
Users should not violate the legal rights of third parties such as copyright, trademark, trade name while determining the "username" or "shop" name. In the event that the Users violate the provisions of this article, Bakiyem may request the correction of this situation, which is contrary to the User Agreement, or may cancel the User's membership temporarily or permanently, if it wishes, without prior notice to the User.
Responsibility for the importation of the product subject to sale, and/or any tax, fund, penalty, and any other liabilities that may arise during this time, and their interests, belong to the Seller. Having the title of Hosting Provider, Bakiyem.com does not have any responsibility regarding these matters.
Products that are prohibited from being offered for sale are indicated in the "Prohibited Products list" in the "Help" section of the Site.
In the event that the Banned Products are offered for sale by the Seller on the Site and this situation is determined by Bakiyem, stopping the sale information and sales processes of the relevant Banned Products and/or not returning the listing fees for these products and/or prohibiting the Banned Products. reserves the right to temporarily or permanently terminate the membership of the Seller offering for sale and/or terminate the User Agreement without notice.
Bakiyem, when it deems necessary (but not limited to the ones listed, especially in the sale of stolen, illegal or counterfeit products, etc.), without prior warning to the Seller, to the Public Prosecutor's Office and the relevant inspection and regulation institutions in order to take the necessary legal action against the Seller. can report. The User accepts, declares and undertakes not to hold any name or capacity responsible for any loss due to the notification and/or information provided by the User in connection with the sale of the Prohibited Products and not to demand any compensation under any circumstances. The Seller accepts, declares and undertakes in advance to meet all lawsuits and other obligations of Bakiyem, including but not limited to compensation and attorney fees, that may arise from third parties or institutions for the same reason.
It is prohibited to display and sell products that have entered Turkey on the Site in violation of the applicable customs legislation and regime or without being subjected to any customs procedures. Users residing abroad are prohibited from offering and selling products on the Site that have not been subjected to customs procedures and are not in free circulation. Bakiyem.com cancels the Products exhibited by the Users who attempt to sell the Products that are not subject to customs procedure as foreign sales directly, as soon as it becomes aware of it, and does not refund the listing fee to those who make such an attempt.
Users agree and undertake to use the Services in accordance with the law and applicable legislation. Users are personally responsible for legal and criminal liability in every transaction and action they take while using the Services.
User; All kinds of illegal, insulting or threatening, profanity, humiliating, which will constitute a crime, which will require legal follow-up in the use of Bakiyem, which creates or encourages a situation that is contrary to local and national laws or international agreements, may not post pornographic, offensive or indecent Content. The Banned Products list is essential in this regard.
The user does not receive any information, software or other material that violates the privacy or broadcasting rights of another person, is protected by copyright, trademark or other proprietary rights, or is adapted from materials falling within these described classes, without obtaining permission from the owner or the person holding the rights. cannot post or transmit. In case of a violation of this provision, Bakiyem may terminate the membership of the User who caused the violation immediately and without further notice.
All kinds of usage rights of software, visual and audio designs, texts, logos, graphics and all kinds of other materials in Bakiyem Website and mobile application belong exclusively to Bakiyem. All proprietary or unregistered intellectual property rights such as title, business name, trademark, patent, software, logo, design, text, image, icon, information and method in the mobile application and/or Website belong to Bakiyem and national and international are protected by law. Being a user does not create a right under the specified intellectual property rights.
It is forbidden to store, change the language and reproduce the information on the Website or the Application in another place without permission. Linking to Bakiyem from third party websites is subject to written permission, and no link to the Website can be provided without written permission.
Within the scope of this contract, all registered or unregistered intellectual property rights such as Bakiyem, the Website and all kinds of visual designs, images, texts, information, logos, pictures, documents, trademarks, patents and texts that are subject to copyright cannot be used without authorization and permission. In line with the written request to be made, it will be used within the written permissions given by Bakiyem. In case of detection of such use, all kinds of legal and administrative remedies will be applied.
Taking actions that may threaten the security of the mobile application or the mobile application or Bakiyem of the system and / or harming the application and other users, taking any action that may prevent the operation of other software belonging to the Application or the use of the mobile application by other users, disproportionately disproportionate to the system or application to produce these results. load bearing; accessing, copying, deleting, modifying or attempting to access the source codes of the software or the systems of Bakiyem without authorization; It is strictly forbidden to use software that will prevent the mobile application from working, to try to use it, or to disrupt the operation of all kinds of software, hardware and servers, to cause them to malfunction, to reverse engineer, to organize attacks, to engage them or to interfere with them in any other way, and to attempt to access Bakiyem servers.
The rights of the software used in the design of the Bakiyem mobile application, the website and the creation of the database belong to Bakiyem. It is strictly forbidden to copy or use the aforementioned software and to reverse engineer the software and technologies used.
Cyber attacks, terrorist attacks, natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power cuts and Including, but not limited to, bad weather conditions, other unavoidable and unavoidable events are counted as “force majeure”. In case of material, moral and legal damages that may arise in these situations, no compensation under any name can be demanded from Bakiyem.
The Party exposed to the force majeure immediately notifies the other Party in writing and the performances of the Parties are suspended during the force majeure period. When force majeure disappears, the contract continues from where it left off.
Court In the implementation and interpretation of this Agreement, in the event of a conflict about or regarding the Website, Turkish Law will be applied. Ankara Courts and Enforcement Offices are authorized in the settlement of any dispute arising or may arise from this Agreement.
In all transactions to be carried out within the scope of this Agreement, the user shall comply with this Agreement and the conditions that may be published on the mobile application and on the website of Bakiyem from time to time, as well as the law, morality and good manners, honesty principles, and protect the rights of third parties in behaviors that may prevent the functioning of the Application or Webste by any method. shall not engage in acts that encroach or threaten to encroach. If the provisions of this Agreement are violated, the User may prevent the User from using the Website and/or take all kinds of legal actions against it.
In any dispute arising from the use of the service offered on the website and mobile applications, the physical and/or electronic, books and records, log records, computer records of Bakiyem constitute final and exclusive evidence. The parties accept, declare and undertake that this article is a written evidence contract in accordance with Article 193 of the Code of Civil Procedure No. 6100.
In any dispute, data such as image or sound recording suitable for proving the facts in dispute, data in the electronic environment and similar information carriers are documents in accordance with Article 199 of the Code of Civil Procedure.
In cases where the User, Bakiyem and/or Business Partner is obliged to make a statement to the official authorities in accordance with the legal legislation, in case this information is duly requested by the official authorities, the information of the Users, obtained within the scope of Bakiyem services, to the official authorities or to the official authorities. The Business Partner shall be authorized to disclose to the Business Partners with which it has entered into an agreement regarding the performance of products and services and/or for this purpose, and these situations shall not be interpreted as violating the Confidentiality Policies of Bakiyem and the legislation related to KVKK, and for this reason, Bakiyem and/or Business Partner's accepts that no compensation can be claimed under any name whatsoever.
In the event that any provision of the Agreement is partially or completely invalid or void, and its performance is not possible for legal, administrative or de facto reasons, this invalidity or invalidity will only belong to that provision or the relevant part of that provision and no other article of the Agreement will be invalid or invalid. will not. The parties shall bring a new written regulation to replace the invalid or unenforceable provision within a reasonable time.
The failure of one of the parties to use any of the rights, powers or privileges included in the Contract or legally recognized for any reason, or partial use or delay in using it, shall not mean that he has waived these rights; these rights will remain in effect and in effect unchanged.
A waiver will be valid and binding only if made in writing, specifically referring to this Agreement and signed by the waiving Party's duly authorized representative or itself.
The User's failure to comply with the provisions of this Agreement and the rules and conditions declared pursuant to this Agreement, the User's activities under this Agreement pose a risk in terms of legal, technical or information security, fraudulent or unauthorized use is suspected, or third parties' personal and in case of prejudice to commercial rights, Bakiyem may temporarily or permanently suspend the User's use of the services or terminate the Agreement. For this reason, the User cannot make any demands from Bakiyem.
Bakiyem can always unilaterally terminate this Agreement and terminate the User's use of this Bakiyem services, without giving any reason, without any notice and without any obligation to pay any compensation, and with immediate effect.
In the event that Bakiyem ceases to operate or that its operating license under the Law is terminated for any reason, this Agreement will be terminated based on the notification made by Bakiyem without causing any indemnity obligation to Bakiyem.
Termination of the contract does not remove the rights that were born up to the date of termination of Bakiyem.
You can get an offer about our products by sharing the information below with us. Our team is the shortest It will reach you in time.
For What Purposes Do We Collect Your Data?
As evidence that may arise
As a Company, with the Data Controller, primarily the Turkish Commercial Code No. 6102, the Law on the Protection of Personal Data No. 6698 (“KVKK”), the Law No. 6502 on the Protection of Consumers, the Turkish Penal Code No. 5237, the Publications Arranged on the Internet No. 5651 and the Processed Through These Publications. about the relevant Law and the use of the relevant comprehensive design, about the 65 Law and related practices related to the Regulation of Electronic Commerce and personal information about our intended purposes and target from all over the world.