Endeksa is an intermediary service provider in an electronic commerce platform that provides information such as regional real estate values, demographic information and living areas of the people living in the region, and allows individuals and institutions to obtain valuation reports prepared by valuation experts through Endeksa; it has been developed to track the real estates of users and members in all aspects.
This Endeksa Terms of Use Agreement has been arranged between Endeksa and the person who is a member of Endeksa ("Member"), and has been concluded and entered into force upon approval by the Member electronically.
In this Agreement, Endeksa and the Member shall be referred to individually as "Party" and together as "Parties".
By becoming a member of endeksa.com and other Endeksa platforms/mobile applications operating for the same purpose (collectively or individually referred to as the “Site” or the “Application”), the Member accepts and declares that he/she has read all the terms and conditions contained in this Agreement, understands its content in its entirety and approves all its provisions.
Endeksa's Contact Details:
Trade Name: Endeksa Teknoloji A.Ş.
Address: Cyberpark Cyberplaza A Blok 4th Floor No: A402C Bilkent, 06800, Çankaya, ANKARA TURKIYE
MERSIS Number: 063107151526700001
E-mail Address: [email protected]
This Agreement aims to determine the terms of use of the Site and the rights and obligations of the Member and Endeksa during such use.
The Privacy Policy and Member-Visitor Data Protection Text and Cookie Policy published on the Website and all other agreements, policies and rules approved by the Member are annexes and integral parts of this Terms of Use.
This Agreement is entirely independent of any agreements entered into or to be entered into through or via the Application, and solely governs the terms of use of the Site, the conditions of membership to the Site, and the associated rights and obligations.
The Member begins using Endeksa by downloading the Application to his/her device or accessing through the Website interface. This Agreement applies not only to the members who benefit from Endeksa's services, but also to all individuals who access or browse the Site, as well as those who access or browse the Endeksa mobile application. Accordingly, Visitors are also subject to the terms of this Agreement.
In the Agreement, any reference to the “Site” shall be deemed to include Endeksa’s website(s) and mobile application(s), communications made through calls, online sales, sales and telesales activities, communications made for the purpose of enabling such activities, as well as the management of bulk electronic communications.
By using the Site, the Member and the Visitor accept and undertake to act in accordance with the Privacy Policy and Member Visitor Data Protection Text and Cookie Policy and all other contracts, policies and rules approved by the Member, as well as the provisions of the legislation and all rules and laws regarding the use of the internet.
The username and password created upon registration to the Website are personalised. The Member is obliged to provide reliable and sufficient information to the questions directed to him/her in the registration form and to keep this information up to date. In all correspondence related to membership, the e-mail address of the Member defined on the Website shall be used. Endeksa accepts that all information provided is correct and up-to-date and acts accordingly. Endeksa has no obligation to investigate the accuracy of the information provided. All responsibility that may arise in this regard belongs to the Member.
Membership to the Site requires being over 18 years old. In case the Member is a real person, the Member accepts and undertakes that he/she is over 18 years of age upon approval of the Agreement by the Member. If the Member is under the age of 18, it will be assumed that the parent and/or guardian has given consent/permission upon approval of the Agreement.
If the Member is a legal entity, upon approval of the Agreement, the Member acknowledges and undertakes that it is validly incorporated and in existence, that it has all power and authority, including the power to enter into the Agreement, and that its representative who enters into the Agreement is duly authorised to enter into the Agreement.
In case the Member violates the terms of the contract, Endeksa has the right to unilaterally terminate the agreement, without notice and without compensation, to block the Member's account and to close it for a period of time or indefinitely.
Endeksa may unilaterally terminate this Agreement, terminate the membership of the Member or temporarily suspend the membership of the Member at any time, without any obligation to provide justification, notice and compensation, with immediate effect.
Endeksa has the right to request verification of the data specified by the Member during membership registration and to request documents related to this.
The Member accepts, declares and undertakes that he/she will act in accordance with all the terms contained in this Agreement, the rules specified in the relevant parts of the Site and all applicable legislation during his/her membership, while using the services of the Site and performing any transaction related to the Site, and that he/she understands and approves all the terms and rules set forth in this Agreement.
Endeksa may unilaterally change this Agreement at any time by publishing it on the Site. The parties accept, declare and undertake that the changes will be valid on the date of publication on the Site. The Member is obliged to follow these changes and updates and is deemed to have accepted these changes upon their publication to use the Site.
As a result of the evaluation to be carried out during the membership process, Endeksa may grant the membership rights of the applicant or has the right to reject the application without any justification. Endeksa shall not be liable for any misrepresentation made by the Member.
It is imperative that the e-mail address and other information provided by the Member are up-to-date while you are a member of the Site. In all correspondence related to membership, the e-mail address given as a member of the Site is taken as basis and used. The Endeksa assumes that all provided information is accurate and up-to-date and behaves accordingly and there is no obligation to investigate this information. The Member hereby agrees and consents to receive commercial electronic messages for promotional, marketing, and campaign purposes, and to the processing of their phone number, e-mail address, and device information for this purpose.
The Member accepts and undertakes that Endeksa is authorised to disclose the confidential / private / commercial information of the members to the official authorities in cases where Endeksa is obliged to disclose to the official authorities in accordance with the provisions of the mandatory legislation in force, if such information is requested by the official authorities in accordance with the procedure, and that no compensation can be claimed from Endeksa under any name for this reason.
The security, storage, prevention from the third parties, and use of the system access tools (username, password, etc.) used by the Member to benefit from the services offered by Endeksa through the Site are the sole responsibility of the Member. Every transaction conducted using the Member’s username and password shall be deemed performed by the Member personally. Endeksa shall not bear any direct or indirect liability for any damages incurred or to be incurred by the members and/or third parties due to any negligence and defects of the Member in matters such as the security, storage, keeping away from the knowledge of third parties and use of the means of access to the system.
The Member accepts, declares and undertakes that he/she will use the Services only and personally and that it cannot be used generally within any workplace, organisation or company. In this context, the MEMBER's account cannot be used by a third party and/or any other employee or consultant of the commercial organization in which it is located. In the event that such a situation is detected by Endeksa, Endeksa has the right to immediately terminate the service agreements of the MEMBER for just cause and terminate/cancel its membership.
The Member may not transfer its rights and obligations under this Agreement, in whole or in part, to any third party without the written consent of Endeksa, and may not make its membership available to persons other than itself.
Without prejudice to the specific liability provisions contained in the contracts for the Services under this Agreement or the Site, shall be solely responsible for any damages arising out of or in any way incurred by the Member and Visitor on the Site.
In order to provide the services within the scope of the Agreement, during the preparations for the Agreement and during the duration of the Agreement, Endeksa may use the products and/or services, projects, documents, texts, images, texts, bulletins, slogans, videos, designs, know-how and all kinds of commercial information, illustrations, databases used on the Site related to the service provided, Endeksa exclusively owns all intellectual property rights related to any data related to real estate values, all kinds of logos, emblems and data, ideas, trademarks and commercial appearances belonging to Endeksa, flows, source codes, researches, codes, techniques, statistics and financial and moral rights, and all rights arising from the Law on Intellectual and Artistic Works and legislation regarding these contents exclusively belong to Endeksa. In this context, the Member/Visitor accepts and declares that he/she will not reverse engineer in any way or take any other action to find or obtain the source code of the Site, violate the security of any computer network, break security encryption codes, attempt SPAM mail or malware, otherwise he/she will be responsible for any damages that may arise before Endeksa and third parties.
The content, data, and all other materials on the Site may only be used in accordance with this Agreement and through manual human interaction. Members and Visitors are strictly prohibited from engaging in any activity that involves the use of automated systems or software, whether collectively or individually, for data collection (scraping), data mining (crawling), data scanning (spidering), or data extraction. Such activities are expressly forbidden on the Site, as they compromise the data integrity and intellectual property rights of Endeksa and may constitute an offense under applicable laws.
If Endeksa determines that a Member or Visitor has engaged in such activities, Endeksa reserves the right to request information and documentation from the respective individual(s), and they are obligated to provide such information upon request. In cases where Endeksa concludes that such activities have occurred, it may terminate all agreements with the Member on legitimate grounds without any obligation to pay compensation or issue refunds.
If it is determined that a Visitor has engaged in such activities, Endeksa reserves the right to immediately and permanently block the Visitor's access to the Site and Endeksa systems. Endeksa retains all rights provided under applicable laws.
Even if there is no violation of the agreements concluded within the scope of the Site, if it is understood that the Member's/Visitor’s purpose of using the Site is against the law and morality, Endeksa has the right to terminate all of the Member's contracts and block/suspend Visitor’s access to the Site. In such a case, Endeksa's rights to compensation arising from contracts and the law are reserved. The Member is responsible for all direct and indirect damages arising / to arise from this violation and Endeksa reserves the right of recourse.
Endeksa only acts as an intermediary for relationships established between members on or through the Site, except for those in which it is expressly stated to be a party. Therefore, Endeksa holds no rights or responsibilities regarding services provided by any third party other than itself, or any obligations arising or to arise within the scope of such services.
Endeksa is not obliged to provide the permits, licences or documents required in relation to the services offered by members of the Application to other individuals or members.
This Agreement is entirely independent of any other agreements entered into by the User/Member through or via the Endeksa platforms and solely governs the use of the Site, the terms of membership to the Site, and the rights and obligations arising therefrom. Endeksa shall bear no responsibility for any disputes that may arise from other agreements or legal relationships outside the scope of this Agreement.
Endeksa reserves the right to make changes in the services and services offered on the Site. The Member accepts and declares that he / she cannot claim compensation from Endeksa under any name whatsoever for direct and / or indirect damages suffered / to be suffered due to these changes or cancellations.
Endeksa may remove the content that is contrary to the operation of the Site, general rules, general rules of morality and that cannot be accepted by Endeksa from access at any time and in any way, and may terminate the membership or block access of the Member/Visitor who enters this content without any notice. There may be interruptions in the communication between the Site and the Member due to technical problems such as any error, negligence, interruption, deletion, deterioration, delay in transmission or communication network failure, whether caused by the Site or not. Endeksa cannot be held accountable for any issuesthat the Member may experience during interruptions in communication and access to the Site due to these interruptions.
Links to other websites and/or portals, files or contents owned and operated by vendors, providers and other third parties may be provided through the Site. These links may be provided by the Members/Visitors or Endeksa. The links on the Site do not aim to support, verify and guarantee the website, seller and provider of the link or the information it contains. Endeksa has no responsibility for the portals, websites, files and contents accessed through the links on the Site, the services, products or their content offered from the portals or websites accessed through these links.
Endeksa provides technological solutions through the Site, directing Member and wish to sell or purchase real property to a real estate agent authorized to carry out real estate trading activities pursuant to the Regulation on Real Estate Trade. In this regard, Endeksa merely facilitates the connection between potential buyers/sellers and the relevant real estate agents. Unless explicitly stated by Endeksa and mutually agreed upon by the Parties, Endeksa shall not be involved in real estate sales processes, Endeksa does not participate in real estate sales processes and assumes no liability for activities conducted by real estate agents. Therefore, Endeksa bears no obligations under the Regulation on Real Estate Trade.
These processes shall be carried out directly between the buyer/seller and the real estate agent, who will provide support for the sale of the property.
No element on the Site, nor any announcement, notice, correspondence, or any other form of information provided by Endeksa, shall be construed as Endeksa itself engaging in real estate trading activities.
Endeksa utilizes artificial intelligence technologies in the provision of certain services (Atlas) and functionalities available on the Site. These technologies are based on the infrastructure of third-party service providers, such as OpenAI, Google, Anthropic. In this context, the following provisions apply to services and functionalities in which artifical intelligence technologies are used:
Accordingly, the Member and the Visitor expressly acknowledge, declare, and undertake that the artificial intelligence-based services and content are provided through systems operated by third parties, that no assurance is given regarding their full compliance with Turkish law or other applicable regulations, and that Endeksa bears no responsibility for any consequences arising from the use of such services.
Certain interfaces of the Site display a list of real estate agents operating in the relevant district or neighborhood. This list is generated based on an algorithmic ranking system which, among other factors, evaluates data and information available on the Site related to each agent, and ranks the agents accordingly within their respective district or neighborhood. The agents are then displayed in the interface in line with this ranking.
The ranking is not based on subjective assessments such as whether a real estate agent is “good,” “successful,” or “meticulous” in their profession, but rather on objective data and indicators, as exemplified below. This ranking is provided solely for informational purposes and shall not be interpreted as a declaration, guarantee, or undertaking regarding any agent’s professional competence, reliability, or legal standing.
The rankings are carried out entirely by a system-defined algorithm, which evaluates agents using the following dataset. Endeksa does not interfere with this algorithm manually:
The criteria evaluated by the algorithm may be updated, improved, or modified over time. As such, ranking results may vary periodically based on the frequency and nature of the agent’s activity on the Site and user feedback.
The accuracy of the data, information, and documents provided by the agent is the sole responsibility of the agent, and Endeksa does not warrant the accuracy of such data. Endeksa shall not be held liable for any changes in ranking that may result from misleading, incomplete, or inaccurate information provided by the agent.
The agent acknowledges and agrees in advance that failure to meet the above-listed, or similarly objective, criteria that may be added to the system in the future may result in a lower ranking position, and that such outcome shall not constitute a loss of rights or grounds for any claim against Endeksa.
Endeksa makes no express or implied representation or warranty regarding the accuracy of agent rankings, their consistency across users, their up-to-date nature, or their potential to result in any commercial success.
All types of content presented on the Site consist of data collected from third parties or publicly available sources within the scope of a commercial relationship. All data, analyses, reports, statistics are processed and presented impartially without any manipulation or manipulation. All kinds of content on the Site are intended for information and advice only and do not feature one-to-one solutions, results, legal opinions, and legal reports, political and sociological research information. For this reason, the absolute accuracy of all kinds of content, data, analyses, reports, evaluations on the Site is not guaranteed. For this reason, no responsibility can be attributed to Endeksa.
Within the scope of the services provided by the agents to the Member through the Site, Endeksa solely undertakes intermediary activity through the Site. For this reason, Endeksa cannot have any liability due to the incomplete, incorrect or defective fulfilment of the service and / or obligations of any third party. Endeksa shall not be liable for any material, moral, indirect or direct damages in connection with any third party, and shall not be held legally and criminally liable for the unlawful acts and actions of the Member.
In all cases deemed as force majeure by law, Endeksa shall not be liable for late or incomplete performance or non-performance of any of its obligations under this Agreement. Such circumstances shall not be deemed to be delay, incomplete performance or non-performance or default, nor shall any compensation under any name be claimed from Endeksa for such circumstances.
The term "force majeure" shall be interpreted as unavoidable events beyond the reasonable control of the relevant party, including but not limited to natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions, which Endeksa cannot prevent despite exercising due diligence.
This Agreement shall enter into force on the date of approval by the Member through the Site and shall remain in force as long as the Member continues to be a member of the Site and shall continue to give rise to the provisions and consequences between the Parties. The Agreement shall be deemed terminated in the event that the Member's membership is permanently suspended and the Member terminates his/her membership voluntarily. For Visitors, this Agreement becomes effective upon accessing or browsing the Site.
Endeksa may terminate this Agreement unilaterally and without compensation without any notice in the event that the Member violates this Agreement or other agreements to be concluded through the Site or the rules regarding different services offered through the Site, and in particular in the following cases. The Member shall be obliged to compensate all direct or indirect damages incurred by Endeksa due to Endeksa's termination of this Agreement for just cause:
In the event of such activities, Endeksa reserves the right to suspend or permanently block access to the Site, either temporarily or permanently for Visitors and to terminate all agreements with Members without compensation or refund.
Any Member who enters and / or becomes a member of the Site will be bound by the terms of this Agreement for an indefinite period of time.
This Agreement is subject to the laws of the Republic of Turkiye and Istanbul Courts; Enforcement Offices and Mediation Office are authorized to resolve any disputes arising from this Agreement.
The provisions of the legislation in force shall apply to matters not regulated in this User Agreement. In the event that any provision of this Agreement is ruled invalid by an authorized court, the other provisions of the Agreement shall remain valid.