TERMS AND CONDITIONS
Last Updated: [DATE]
These Terms and Conditions ("Terms") govern your access to and use of Bartra ("Platform", "App", "we", "us" or "our").
By registering for, accessing or using the Platform, you confirm that you have read, understood and agreed to these Terms. If you do not agree to these Terms, you must not use the Platform.
1. About the Platform
Bartra is a technology platform that enables users to discover one another and propose, negotiate and arrange exchanges of goods, services, skills or other lawful activities.
For example, a user may offer swimming lessons in exchange for another user's tattoo service.
The Platform itself does not provide, perform, manufacture, sell or guarantee the goods or services offered by users.
Unless expressly stated otherwise, Bartra is not a party to agreements or exchanges made between users.
The agreement for an exchange is made directly between the relevant users.
2. Role of the Platform
The Platform acts as a technological intermediary that facilitates communication and discovery between users.
We do not generally:
- determine whether an offered service or product is suitable for another user;
- verify the professional qualifications, licenses or experience of users;
- verify ownership of goods;
- guarantee the quality, safety, legality or availability of any offer;
- guarantee that an exchange will be completed;
- guarantee that a user will perform their promised obligation;
- supervise meetings or transactions between users; or
- act as an agent, employer, contractor, broker or representative of any user.
Users are solely responsible for evaluating whether they wish to enter into an exchange with another user.
Where required by applicable law, we may remove, restrict or disable access to content or accounts and cooperate with competent authorities.
3. User-to-User Exchanges
Any exchange arranged through the Platform is an agreement between the participating users.
Users are responsible for agreeing among themselves:
- what will be provided;
- when and where it will be provided;
- the duration and conditions of the exchange;
- the quality and specifications of goods or services;
- cancellations and rescheduling;
- any applicable licenses or professional requirements; and
- any other terms applicable to their exchange.
Bartra is not responsible for whether either party fulfills their obligations.
If a user promises to provide a service or product and fails to do so, any dispute is primarily between the users involved.
4. No Guarantee of User Content
Offers, profiles, descriptions, photographs, reviews, messages and other information submitted by users ("User Content") are created and provided by users.
Users are solely responsible for the accuracy, legality and completeness of their User Content.
We do not guarantee that User Content is:
- accurate;
- complete;
- current;
- authentic;
- safe;
- lawful;
- professionally qualified; or
- suitable for a particular purpose.
A listing appearing on the Platform does not constitute an endorsement, certification or recommendation by Bartra.
5. Prohibited Activities
Users may not use the Platform to offer, request, arrange, promote or facilitate any activity that:
- violates Turkish law or any other applicable law;
- constitutes or facilitates a criminal offence;
- involves stolen, counterfeit or unlawfully obtained goods;
- involves illegal drugs, controlled substances or prohibited substances;
- involves weapons, ammunition or other prohibited items;
- involves fraud, money laundering, terrorist financing or other financial crime;
- involves prostitution, sexual exploitation or trafficking;
- exploits or endangers children or other vulnerable persons;
- involves the unauthorized provision of regulated professional services;
- infringes intellectual property, privacy, personality or other third-party rights;
- involves the unauthorized use or disclosure of personal data;
- involves impersonation or identity fraud;
- involves misleading, deceptive or fraudulent representations;
- creates an unreasonable risk of physical injury or harm;
- attempts to circumvent applicable taxes, licensing requirements or other legal obligations; or
- otherwise violates these Terms or applicable law.
Examples of potentially regulated activities include, without limitation, medical treatment, professional legal services, financial services, regulated education, certain beauty or cosmetic procedures, tattooing, piercing, childcare, transportation and activities requiring a professional license or governmental authorization.
The fact that an activity can be exchanged through the Platform does not mean that the activity is legally permitted.
Users are responsible for obtaining all licenses, permissions, qualifications, registrations and approvals required for activities they offer.
6. Illegal Use and User Responsibility
You are solely responsible for your use of the Platform and for the legality of your offers, requests, communications and exchanges.
You must not use the Platform to conceal, facilitate or arrange an unlawful activity.
If your use of the Platform causes a claim, investigation, penalty, loss, damage or legal proceeding against Bartra as a result of your breach of these Terms or your unlawful conduct, you agree, to the extent permitted by applicable law, to indemnify and hold Bartra, its owners, directors, employees, contractors and service providers harmless from resulting claims, liabilities, losses, costs and reasonable legal expenses.
This provision does not exclude or limit any liability that cannot legally be excluded or limited under applicable law.
7. Physical Meetings and Personal Safety
Users may choose to meet in person to perform an exchange.
Bartra does not supervise or control physical meetings between users.
Users are solely responsible for assessing the safety and suitability of any meeting.
We strongly recommend that users:
- meet in public places where appropriate;
- inform a trusted person about the meeting;
- avoid sharing unnecessary personal information;
- verify the identity and relevant qualifications of the other person;
- use appropriate safety equipment;
- obtain parental or legal consent where required; and
- cancel an exchange if they believe it may be unsafe or unlawful.
Bartra does not guarantee the identity, character, intentions or behavior of another user.
8. High-Risk Services
Certain activities may involve significant physical, medical, financial or other risks.
Users must not assume that the Platform has assessed or approved such activities.
Users offering services involving health, body modification, physical training, childcare, transportation, construction, electrical work, financial activities or other potentially hazardous or regulated activities are solely responsible for ensuring that they possess all qualifications, permits, insurance and legal authorizations required for those activities.
9. Goods
Users offering goods must have the legal right to offer, exchange or transfer those goods.
Users must not offer:
- stolen goods;
- counterfeit goods;
- illegally imported goods;
- prohibited goods;
- recalled or dangerous goods where their transfer is unlawful;
- goods infringing third-party rights; or
- goods whose transfer is otherwise prohibited by law.
Bartra does not guarantee ownership, authenticity, condition, quality or safety of goods offered by users.
10. Taxes and Legal Obligations
Users are solely responsible for determining whether their activities create tax, invoicing, licensing, registration, insurance, social-security or other legal obligations.
An exchange being described as a "swap", "trade", "barter" or "free service" does not by itself determine its legal or tax treatment.
Users must comply with all applicable tax and regulatory requirements.
11. Payments
Unless expressly stated otherwise, Bartra does not act as a bank, payment institution, escrow service or financial intermediary.
Users must not use the Platform to conduct unlawful financial transactions.
If payment functionality is introduced, additional terms may apply.
12. User Accounts
Users must provide accurate information when creating an account.
You are responsible for maintaining the confidentiality of your account credentials and for activities conducted through your account.
You must not:
- create an account using another person's identity;
- create accounts for fraudulent purposes;
- sell or transfer your account without authorization;
- impersonate another person; or
- provide false or misleading information.
We may suspend or terminate accounts where we reasonably believe that these Terms, applicable law or the safety of other users has been violated.
13. Reporting Illegal or Harmful Content
If you believe that an offer, user, message or other content on the Platform:
- violates the law;
- infringes your rights;
- presents a serious safety risk;
- involves fraud;
- involves exploitation or abuse; or
- violates these Terms,
you should report it to us through the reporting mechanism provided by the Platform or by contacting us at [LEGAL/REPORT EMAIL].
We may investigate reports and may remove, restrict, suspend or terminate access to content or accounts where appropriate.
Where legally required, we may provide information to competent authorities.
14. Right to Remove Content and Suspend Accounts
We reserve the right, to the extent permitted by law, to:
- remove or restrict access to User Content;
- reject listings;
- suspend or terminate accounts;
- restrict certain categories of activity;
- limit Platform functionality;
- prevent users from contacting other users; and
- take other reasonable measures necessary to protect users, the Platform or third parties.
We may take these measures where we reasonably believe that content or activity violates these Terms, applicable law, or presents a safety, security or legal risk.
15. Intellectual Property
The Platform, including its software, design, logos, trademarks, text, graphics and other materials, is owned by or licensed to [COMPANY NAME] and is protected by applicable intellectual-property laws.
Users retain ownership of their User Content, subject to the license granted below.
By submitting User Content, you grant Bartra a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, distribute and technically process that content as reasonably necessary to operate, maintain and improve the Platform.
You represent that you have the necessary rights to provide the User Content.
16. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Platform is provided on an "as is" and "as available" basis.
We do not guarantee that:
- the Platform will always be available;
- the Platform will be error-free;
- User Content will be accurate or lawful;
- another user will perform an exchange;
- an offered service or product will meet expectations;
- an exchange will be completed successfully; or
- the Platform will be suitable for every purpose.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
17. Limitation of Liability
To the maximum extent permitted by applicable law, Bartra shall not be responsible for losses, damages, claims or disputes arising from:
- interactions between users;
- exchanges between users;
- goods or services provided by users;
- inaccurate User Content;
- unlawful conduct of users;
- failure of a user to perform an agreed exchange;
- physical meetings between users;
- personal injury resulting from user-provided activities;
- loss or damage to goods;
- third-party websites or services; or
- unauthorized or unlawful use of the Platform by users.
Nothing in these Terms excludes liability arising from circumstances where exclusion or limitation of liability is prohibited by applicable law.
18. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Bartra, its directors, officers, employees, contractors, affiliates and service providers against claims, losses, damages, liabilities, penalties, costs and reasonable legal expenses arising from:
- your violation of these Terms;
- your violation of applicable law;
- your User Content;
- your exchange with another user;
- your goods or services;
- your infringement of third-party rights; or
- your misuse of the Platform.
19. Third-Party Services
The Platform may contain links to or integrations with third-party websites, applications or services.
We do not control third-party services and are not responsible for their content, availability, security, terms or privacy practices.
Your use of third-party services is subject to their own terms and policies.
20. Privacy
Our collection and processing of personal data is governed by our Privacy Notice / KVKK Information Notice.
Users should not disclose another person's personal information through the Platform without a lawful basis or authorization.
Additional privacy terms may apply.
21. Children
Unless expressly permitted by applicable law and the relevant functionality of the Platform, users must be at least 18 years old to create an account and arrange exchanges through the Platform.
We may request additional information or take appropriate measures where age requirements are relevant.
22. Changes to the Platform
We may modify, suspend or discontinue any part of the Platform at any time, subject to applicable law.
We may also update these Terms from time to time.
Where required, material changes will be communicated to users through appropriate means.
23. Termination
You may stop using the Platform at any time.
We may suspend or terminate your access where permitted by law, including where you:
- violate these Terms;
- engage in illegal activity;
- create a safety risk;
- provide false information;
- misuse the Platform; or
- cause harm to other users or the Platform.
Termination does not affect rights or obligations that arose before termination.
24. Governing Law and Disputes
These Terms shall be governed by the laws of the Republic of Türkiye, unless mandatory law requires otherwise.
Any dispute between Bartra and a user shall be subject to the jurisdiction of the competent courts and authorities of Türkiye, subject to any mandatory jurisdiction, consumer-protection or dispute-resolution rules applicable to the user.
25. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable, where legally possible.
The remaining provisions shall remain in full force and effect.
26. Entire Agreement
These Terms, together with the Privacy Notice, Community Guidelines and any other policies expressly incorporated into them, constitute the agreement between you and Bartra concerning your use of the Platform.
27. Contact
For legal notices, reports or questions regarding these Terms:
[COMPANY NAME] [COMPANY ADDRESS] Email: [LEGAL EMAIL] Website: [WEBSITE]
By using the Platform, you acknowledge that you have read and accepted these Terms and Conditions.