This translation is provided for information. In case of any conflict, the Turkish version prevails.
1. Parties
Provider: Listonya ("Listonya") — Address: S.Ü. Teknokent Binası, 42015, Konya, Türkiye · Phone: +90 332 606 29 94 · E-mail: [email protected] · MERSIS: [MersisNo] · Tax office / No.: Meram / 36551250502
Customer: the natural or legal person whose details are entered during sign-up and payment ("Customer").
The Customer concludes this agreement by electronically confirming, at the payment step, that it has read this agreement and the Pre-Information Form. A copy is sent to the Customer's e-mail address and is available from the account page.
2. Subject
Providing, on a subscription basis over the internet and according to the package selected, the Listonya management panel, mobile management app, the Customer's website, the listing pool and, if selected, domain, corporate e-mail, additional language and custom theme services. No ownership or source code is transferred; the Customer receives a non-transferable, non-exclusive right of use for the term.
3. Packages and fees
- Package contents and prices are as shown on the website and in the order summary at the time of purchase. Unless stated otherwise, prices exclude VAT; invoices are issued with applicable taxes.
- The subscription is paid annually in advance. With annual payment, 3 months of the package fee are free.
- Every package includes 3 users; extra users, extra languages, corporate e-mail and domains are charged separately as shown in the order summary.
- Custom theme design is a one-time fee (included in Enterprise).
- Price changes during the term do not affect the period already paid.
4. Term and renewal
- The subscription starts on the date the payment is confirmed and lasts 1 year.
- It is not charged automatically at the end of the term. Listonya informs the Customer by e-mail before expiry; renewal happens when the Customer pays.
- If not renewed, the panel and website may be taken offline; data is kept as described in section 8.
5. Listonya's obligations
Provide the service with reasonable care and professional standards and announce planned maintenance in advance where possible; keep customer data in a separate database, back it up and protect it under the Data Processing Agreement; provide support within the package (priority support in Enterprise); publish the website with the selected theme and deliver custom themes as agreed with the Customer.
Listonya does not guarantee uninterrupted or error-free service and is not liable for interruptions caused by internet infrastructure, third-party services (hosting, domain, SMS, payment) or force majeure. This does not exclude liability for intent or gross negligence.
6. Customer's obligations
Provide accurate and current information; manage user accounts, permissions and credentials securely and be responsible for actions under its account; ensure listings and content are accurate and lawful, in particular complying with authorisation certificate, listing and disclosure requirements for real-estate and second-hand vehicle trade; comply with the Acceptable Use Policy and its data controller obligations; not copy, reverse engineer or attempt unauthorised access to the software.
7. Intellectual property
The software, designs, themes and trademarks belong to EmlakOto. Rights to listings, images, logos and content uploaded by the Customer remain with the Customer, who grants Listonya the licence needed to host and publish them. In custom themes, the Customer's brand elements belong to the Customer; the theme infrastructure remains with EmlakOto.
8. Termination and data
- The Customer may end the subscription at any time; refunds follow the Cancellation and Refund Terms.
- In case of serious breach of this agreement or the Acceptable Use Policy, Listonya may suspend the service or terminate by written notice.
- Within 30 days after termination the Customer may request delivery of its data in a reasonable format. Thereafter data is deleted or anonymised, subject to statutory retention.
9. Limitation of liability
Except where liability cannot be limited by law, Listonya's total liability is limited to the fee paid by the Customer for the subscription year in which the damage occurred. Loss of profit and indirect damages are excluded.
10. Notices
Notices are sent to the e-mail address given by the Customer and to Listonya at [email protected], and are deemed received on the day sent.
11. Evidence
The parties agree that Listonya's electronic and system records and e-mail correspondence constitute evidence under Art. 193 of the Code of Civil Procedure.
12. Governing law and jurisdiction
Turkish law applies. If the Customer is a merchant, the courts and enforcement offices of Konya have jurisdiction. Consumers may apply to consumer arbitration committees within the monetary limits announced by the Ministry of Trade, or to consumer courts above those limits.
13. Entry into force
This agreement is concluded by the Customer's electronic confirmation on the payment page and enters into force when the payment is confirmed.