1. Parties
This Individual Membership Agreement (hereinafter referred to as the "Membership Agreement"); In order to become a member of OTOYOLCU BİLİŞİM TEKNOLOJİ ARACILIK VE TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as "OTOYOLCU") and www.otoyolcu.com Portal, residing at the address "Çigdede Mahallesi mehmet aslan street no 139 samandağ/hatay", herein the Membership Agreement and the motorwaycu.com Portal. It has entered into force by being concluded electronically between the "Member" who approves the terms and rules.
2. Definitions
“Portal”: The website and/or mobile applications where “OTOYOLCU” offers its services, consisting of the domain name www.otoyolcu.com and the sub-domains connected to this domain name.
“User”: Every natural or legal person accessing the “Portal”.
“Member”: “User” who is a member of the “Portal” and benefits from the services offered within the “Portal” within the specified conditions.
“Individual Member”: “User” who is a member of the “Portal” and benefits from the services provided within the “Portal” without any professional or commercial purpose, within the specified conditions.
“Individual Membership” (“Membership”): It is the status gained with the notification made by “OTOYOLCU” after the “User” who wants to become an “Individual Member” fills the Individual Membership form on the “Portal” with correct and real information. It is not possible to have the right and authority to become an “Individual Member” before the membership procedures are completed. “Membership” rights and obligations are those rights and obligations that belong to the applicant and cannot be partially or wholly transferred to any third party. The "Membership" application may be rejected by the "OTOYORCU" without giving any reason, or additional terms and conditions may be requested. If the "AUDITOR" deems it necessary, it may terminate the "Membership" status of the "Individual Member", and may not accept the "Membership" application to be made later by the "Membership" terminated for any reason.
"Membership Agreement": The electronic agreement, which is a whole with the terms and rules in the "Portal", concluded in the electronic environment as a result of the terms and conditions in the "Portal" and the user's electronic confirmation that he understands and accepts the "Membership Agreement" .
"OTOYOLCU Membership Account": The "Member" can perform the necessary work and transactions to benefit from the services offered in the "Portal", make a request to "OTOYOLCU" regarding "Membership", update the "Membership information and view the reports on the services offered," the entirety of the "Member"-specific web pages accessed through the "Portal" with the "username" and "password" that he determines and undertakes to be used exclusively by him.
“OTOYOLCU Services” (“Services”): Applications offered by “OTOYOLCU” in order to enable the “Member” within the “Portal” to perform the works and transactions defined in this “Membership Agreement”. "OTOYOLCU" may make changes and/or adaptations to the "Services" offered in the "Portal" at any time. The rules and conditions that the "Member" is obliged to comply with regarding the changes and/or adaptations made are announced to the "Member" from the "Portal", and the announced terms and conditions come into force on the date they are published on the "Portal".
“Content”: Any information, text, file, picture, video, figure, etc. published on the “Portal” and accessible. visual, written and auditory images.
"AUTO PURPOSE Interface": Used by "Users" in order to view the content created by the "OTOYOLCU" and "Members" by the "Users" and to query them from the "OTOYOLCU Database"; These are the web pages and mobile application screens/pages that give commands to the computer program to carry out all kinds of operations that can be done through the "Portal" within the designs protected under the Law on Intellectual and Artistic Works No. 5846 and whose intellectual rights belong to "OTOYOLCU".
“OTOYOLCU Database”: It is the database protected in accordance with the Law No. 5846 on Intellectual and Artistic Works belonging to “OTOYOLCU”, where the contents accessed within the “Portal” are stored, classified, queried and accessed.
“Special for Me” page: Username determined only by the “Member”, where the “Member” can perform the necessary actions in order to benefit from the various applications and “Services” on the “Portal”, enter his personal information, preferences, information requested by him on the basis of the application. and a "Member"-specific page that can be accessed with a password.
“Personal Data”: In accordance with Article 3/d of the Law No. 6698 on the Protection of Personal Data (KVKK), any information relating to an identified or identifiable natural person and special quality personal data listed in Article 6/1 of the KVKK.
“Special quality personal data”: Data about the race, ethnic origin, political opinion, philosophical belief, religion, sect or other beliefs, disguise and dress, membership to associations, foundations or trade unions, health, sexual life, criminal convictions and security measures. and biometric and genetic data are special personal data.
3. The Subject and Scope of the “Membership Agreement”
The subject of this "Membership Agreement" is the determination of the "Services" offered on the "Portal", the terms of benefiting from these "Services" and the rights and obligations of the parties. The "Membership Agreement" and its annexes and all the warnings, notifications, applications and explanations made by the "OTOYOLCU" regarding the usage, membership and "Services" in the "Portal" are within the scope. By accepting the provisions of this "Membership Agreement", the "User" accepts and undertakes to act in accordance with all kinds of statements made by "OTOYOLCU" regarding the use, membership and services in the "Portal".
4. Membership Terms
4.1 In order to become a member of the "Portal", it is necessary to be of age and not be temporarily suspended, suspended or banned from membership by the "OTOYOLCU" within the scope of this "Membership Agreement".
4.2 “AUDITOR” at any time without justification, without notice, compensation, penalty, etc. may unilaterally terminate this "Membership Agreement", terminate or temporarily suspend the "Membership" of the "Member", with immediate effect without any other obligation. Violation of the rules specified in the "Portal", situations where the "Member" poses a risk to the "OTOYOLCU" information security system are the situations of termination of membership or temporary suspension of membership.
5. Rights and Obligations of the Parties
5.1 Rights and Obligations of the "Member"
5.1.1 The “Member” accepts and undertakes that he will act in accordance with the rules, statements, all applicable legislation and moral rules specified in the “Portal”, that he understands and approves the provisions of the “Membership Agreement” and all the terms and rules in the “Portal”.
5.1.2 “Member”, “OTOYOLCU” is authorized to disclose confidential/private/personal data-specific personal data/commercial information belonging to “Members” to official authorities in cases where “OTOYOLCU” is obliged to make a statement to official authorities, therefore, It accepts and undertakes that it will not demand any compensation from the "OTOYOLCU" under any name. Apart from that, the "Member" notifies the "OTOYOLCU" with the claim that the rights of any person or institution are violated in relation to the advertisements on the "Portal", In the event that he/she declares that he/she will apply to a judicial remedy, the “OTOYOLCU” may give the name-surname information that the “Member” has informed him to the relevant party.
5.1.3. It is the responsibility of the "Members" to ensure the security of the "username" and "password" they use when logging into the "OTOYOLCU Membership Account", and they must use it exclusively and individually and keep it from third parties. The “Member” is responsible for any material and/or moral damages incurred or to be incurred by other “Members” and/or “OTOYOLCU” and/or third parties due to their negligence or faults in this regard.
5.1.4. The "Member" accepts and undertakes that the information and content provided by him within the "Portal" are correct and in accordance with the law, that the publication of such information and content on the "Portal" or the sale and display of products related to these contents does not create any illegality against the current legislation. is doing. "OTOYOLCU" is not liable and responsible for investigating the accuracy of the information and content transmitted by the "Member" to the "OTOYOLCU" or uploaded by the "Member" through the "Portal", and it is not responsible for any damages that may arise due to the inaccuracy or publication of such information and content. cannot be held responsible.
5.1.5. The "Member" cannot transfer this "Membership Agreement" or its rights and obligations under this "Membership Agreement" to any third party, in whole or in part, without the written consent of the "OTOYOLCU".
5.1.6. The “Member” can take action on the “Portal” for legal purposes. The legal and criminal responsibility of the "Member" in every transaction and action within the "Portal" belongs to him. "Member" means pictures, texts, visual and audio images, video clips, files, databases, catalogs within the "Portal", which may constitute an infringement on the real or personal rights, property, personal data of the "OTOYOLCU" and/or another third party. and will not reproduce, copy, distribute, process, transfer the lists to another database or upload them to the "Portal" in a way that may produce such results; will not engage in any commercial activity by carrying out such actions; accepts and undertakes that it will not directly and/or indirectly engage in acts and transactions that constitute unfair competition, either through these actions or by other means. "OTOYOLCU" cannot be held responsible, directly and/or indirectly, for the damages incurred or to be incurred by third parties due to the activities on the "Portal" performed by the "Member" in violation of the provisions of this "Membership Agreement" and the law.
5.1.7. “OTOYOLCU” allows the “Members” to view the advertisements and use the “OTOYOLCU Interface” for the sole purpose of learning the contents of the relevant advertisements, and to try to reach the advertisements in a certain number or for all of them, copying the advertisements partially or completely, through the database for any other purpose. , the processing of similar acts, including direct or indirect publication, compilation, processing, transferring to other databases in other media, making them available to third parties for access and use from this database, linking to the advertisements on the "OTOYOLCU", is not allowed and consent is not given by the "OTOYOLCU". . Such acts are against the law; “OTOYOLCU” reserves the necessary demand, lawsuit and follow-up rights.
5.1.8. The “Member” means that the “OTOYOLCU” does not have any responsibility for the defects in the goods and services purchased from third parties, that the addressee of all requests and responsibilities within the scope of the Law on the Protection of the Consumer and other relevant legislation belongs to the seller of the relevant goods and services, and all kinds of responsibility regarding them. and accepts and undertakes to release the “OTOYOLCU” from the liability.
5.1.9. “Member”, in the event that the information provided during the Membership phase changes; is obliged to inform the “OTOYORCU” of new and up-to-date information without delay. In case of failure to notify, the right of recourse to the "Member" is reserved for all direct and indirect damages to be incurred by the "OTOYOLCU".
5.1.10. If the "Member" takes actions that may threaten the security of the "Portal" or "OTOYOLCU" systems and/or harm the "Portal", "OTOYOLCU" and other users, the operation of the "Portal" and other software belonging to the "Portal" or the " Taking any action that may prevent him from benefiting from the Portal, placing a disproportionate load on the system or the "Portal" in such a way as to give these results; Accessing the source codes of the "Portal" or the systems of the "OTOYOLCU" in an unauthorized way, copying, deleting, changing this information or making attempts in this direction, using or trying to use software that will prevent the "Portal" from working, or any kind of software, hardware It is strictly forbidden to disrupt, disrupt, reverse engineer, organize attacks, engage or interfere with the operation of servers and servers, and attempt to access "OTOYOLCU" servers.
5.2. Rights and Obligations of the “OTOYOLCU”
5.2.1. "OTOYOLCU" means the services mentioned in this "Membership Agreement"; It accepts, declares and undertakes to fulfill within the conditions specified in this “Membership Agreement” and the explanations specified in the “OTOYOLCU Membership Account” regarding the provision of the relevant services, to establish and operate the technological infrastructure necessary for the provision of the services specified within the scope of this “Membership Agreement”. The obligation to establish the technological infrastructure specified in this article does not mean an unlimited and complete service commitment; “OTOYOLCU” may at any time stop or terminate its services and technological infrastructure determined by this “Membership Agreement” without any notice.
5.2.2. "OTOYOLCU" can always change the services and content offered on the "Portal"; It reserves the right to close and delete the information and content uploaded to the system by the "Members" to the access of third parties, including the "Portal" users. "OTOYOLCU" can use this right without giving any notice and giving priority. "Members" are obliged to promptly make changes and/or corrections requested by "OTOYOLCU". If necessary, changes and/or corrections can be made by the "AUDITOR". The damages, legal and penal responsibilities that arise or may arise due to the failure of the users to fulfill the change and/or correction requests requested by the "OTOYOLCU" completely belong to the users.
5.2.3. Through the "Portal", links to other websites and/or portals, files or content owned and operated by "Sellers", providers and other third parties may be provided by "Members" or by "OTOYOLCU" for ease of reference only. However, it does not aim to support the website to which the link is directed or the operator or the information it contains, or to verify or guarantee in any respect. Portals, websites, files and content accessed through the links on the "Portal" are from the portals or websites accessed through these links. “OTOYOLCU” has no responsibility for the services or products offered or their content.
5.2.4. "OTOYOLCU" can remove messages and content that are contrary to the operation of the "Portal", the law, the legislation, the rights of others, the conditions of the "Membership Agreement", the protection of personal data, and the general moral rules, from access at any time and in any way; "OTOYOLCU" may terminate the membership of the "Member" who entered this message and content without any notification. “OTOYOLCU” may impose additional obligations on the “Member” depending on the changes in the legislation, the said obligations come into force on the date they are published on the “Portal”.
5.2.5. "OTOYOLCU", "OTOYOLCU" employees and managers have no obligation to investigate and check whether the content provided by the "Members" and "Users" on the "Portal" is in compliance with the law, its authenticity and accuracy.
5.2.6. "OTOYOLCU" operates as a "Location Provider" within the scope of the Law No. 5651 on "Regulation of Broadcasts on the Internet and Combating Crimes Committed Through These Broadcasts". OTOYOLCU does not guarantee that certain results will be produced by itself as a result of the performance of the Contract. “OTOYOLCU” means infringement of intellectual property rights, including but not limited to the accuracy of the advertisement content; It does not make any statements or commitments related to the use of the "Portal". OTOYOLCU also does not take any responsibility for the late delivery, interruption or the provision of the services within the scope of the Contract for any reason, including but not limited to maintenance, repair works, technical malfunctions.
5.2.7. "OTOYOLCU" Portal and "Services"; It provides "As Is" and does not make any claims or commitments that the "Portal" and "Services" are faultless, flawless, uninterrupted, perfect or that they will meet the special needs of the "Member". “OTOYOLCU” may make all kinds of changes, updates and similar works on the “Portal” and as long as the “Member” continues to use the Portal and the “Services”, the “Portal” and the “Services” as used (“As Is”) deemed to have accepted. “HIGHWAY”:
(i) "Member"'s use, failure to use, misuse of "Portal" and "Services" or failure of "Member" to fulfill his commitments and obligations set forth in the "Membership Agreement";
(ii) all hardware, system software/other software and network-related functionality and any resulting failures;
(iii) network, internet connection, connection errors;
(iv) Errors and malfunctions that may occur as a result of any change, update or similar work to be carried out on the "Portal";
(v) from voltage fluctuations, battery and power cuts, virus infection and similar factors;
(vi) operating system incompatibilities;
(vii) All kinds of direct or indirect damages, such as loss of profit, loss of data, loss of business, loss of reputation, loss of expected savings, interruption of business, arising from the emergence of incompatibilities or errors that prevent the "Member" from using the "Portal", without being limited to those listed above. It is not responsible for any material, moral and financial damages, and in this context, the compensation claims that can be made by the "Member" or a third party.
5.2.8 It is determined that the information provided during the application of the "Member" is not sufficient, correct or up-to-date or misleading and malicious, the application of the person applying for membership has been rejected beforehand, complaints or negative comments are received about the "Member" during the period of his membership, etc. for reasons; “OTOYOLCU” may terminate the membership status of the “Member” by terminating this agreement without any notification and without any compensation obligation. “OTOYOLCU” may implement the measures it deems appropriate so that the necessary examinations can be made by the “OTOYOLCU” authorities before terminating the membership. After the membership relationship is stopped, terminated, suspended or the Agreement is terminated for any reason, "OTOYOLCU", at its own discretion, has the exclusive authority to decide on the fate of the content or other shares shared by the "Member" on the Portal.
6. Privacy Policy
6.1 “PASSENGER” means information about “Members” on the “Portal”; This "Membership Agreement" and this "Membership Agreement" can be used within the scope of the Privacy Policy in ANNEX-2, which is one of the annexes and an integral part. "OTOYOLCU" may disclose or use confidential information of "Members" to third parties only under the conditions specified in the Privacy Policy. The “Member” declares, accepts and undertakes to log in as a member and to share his/her phone number as a Buyer with the Seller in case he/she acts as a Buyer so that messaging can be made between the Seller and the Buyer regarding the advertisement.
6.2. “OTOYOLCU”, information such as name-surname, telephone number, e-mail address requested at the stage of becoming a “Member”, other than the purpose and scope determined by the “Membership Agreement”; Subject to the conditions stipulated in the legislation in force and by obtaining additional approvals and express consents when necessary, by sms, e-mail, on-site notifications and similar methods, in order to conduct promotional and informative communication activities, research, marketing activities and statistical analyzes or, when necessary, "Member" can use to contact. Again, subject to the conditions stipulated in the legislation in force, and by obtaining additional approvals and express consent when necessary, personal data may also be transferred to companies in cooperation with "OTOYOLCU" in order to conduct research to improve the processes of motorwaycu.com, to create a database and to conduct market research, can be processed and used by these companies.
6.3 The data of the "Member", which may constitute personal data and which are entered into the Portal by "OTOYOLCU", are collected and processed by "OTOYOLCU" within the scope of the "Membership Agreement", for the use of the functions of the "Portal", the provision of services and content and for the purposes listed above. Protection of Personal Data For detailed information about it, visit https://www.otoyolcu.com/sozlesmeler/kisisel-verilerin-korunmasi-ve-islenen-about-information-58. "OTOYOLCU" Personal Data Protection Policy and other personal data can make changes in the policy, procedure, contractual clauses and terms of use at any time. The changes come into force as soon as they are published on the "Portal". The "Member" is obliged to follow these changes and cannot make any claims or claims of damage from the "OTOYOLCU" regarding these changes.
6.4. The "Member" is obliged to use the information accessed within the "Portal" in accordance with the purposes disclosed by the "Member" or "OTOYOLCU" disclosing this information, and to protect, process, transfer and He/she accepts, declares and undertakes that he/she is responsible for all obligations under KVKK and that OTOYOLCU has no obligation or responsibility under KVKK for any personal data other than the personal data that OTOYOLCU collects for the use of the website in its own systems. in the event that OTOYOLCU incurs a loss as a result of the decisions made by the Personal Data Protection Board or administrative authorities or courts regarding personal data claim this loss first PTE accepts, declares and undertakes that it will indemnify in cash and in full.
6.5. If the “Member” is a natural person residing in the European Union, the Law on the Protection of Personal Data No. 6698 and its secondary regulations, as well as the decisions and regulations of the Personal Data Protection Board, will be applied regarding his personal data, and Turkish domestic law will be applied in all legal problems that may arise, regardless of the conflict of laws rules. Demanding that the European Union Directive 95/46/EC and the General Data Protection Regulation (GDPR), which came into force in the European Union in May 2018, will not be implemented, and that the conflict of laws rules of the Turkish International Private and Procedural Law are enforced. accepts, declares and undertakes that it waives.
6.6. "OTOYOLCU" has no involvement or contribution in cases such as the recording, processing, and removal of personal data made public by Google or other search engines or similar data indexing systems due to membership of "Member", "OTOYOLCU" and/or the advertisements it has published, and The "OTOYOL CU" has no responsibility for the processing or transfer of personal data in any way and in any way in structured systems for indexing or searching by other methods, and other search engines, especially Google, which has the title of data controller in the processes related to indexing, for the application requests to be made as the data owner. The data controller accepts, declares and undertakes to direct it to real and/or legal persons who operate search systems and indexing systems.
6.7. The "Member" accepts, declares and undertakes that he/she will not disclose his/her sensitive personal data while placing an advertisement or while using the "OTOYOLCU" Portal, and that he/she is not responsible for the processing of this data in case of disclosure.
7. Intellectual Property Rights
The information accessed within the "Portal" or provided by users in accordance with the law and all elements of this "Portal" (including but not limited to "AUTO PASSENGER Database", "AUTO PASSENGER Interface", design, text, image, html code and other codes) (referred to as "the copyrighted works of the OTOYOLCU") belong to the "OTOYOLCU" and/or have been taken under license from a third party by the "OTOYOLCU". They do not have the right to sell, process, share, distribute, exhibit or allow anyone else to access or use the services of "OTOYOLCU", which are subject to their rights and copyrights. Except for the cases expressly permitted by "OTOYOLCU" within the scope of these "Portal Terms of Use", "OTOYOLCU" cannot reproduce, process, distribute or make derivative works of the copyrighted works of "OTOYOLCU". With the conclusion of this “Membership Agreement”, “OTOYOLCU” has established a non-exclusive and non-transferable right of use (simple license) for the “Member” regarding the limited use of “OTOYOLCU”, “Portal” within the framework of the “Membership Agreement” conditions and for the purpose of benefiting from the “Services”. is doing.
8. “Membership Agreement” Changes
"OTOYOLCU" may, at its sole discretion and unilaterally, change this "Membership Agreement" at any time it deems appropriate, by publishing it on the "Portal". The amended provisions of this "Membership Agreement" will come into force on the date they are published on the "Portal", and the remaining provisions will remain in effect and continue to have their provisions and consequences. This “Membership Agreement” cannot be changed by the unilateral declarations of the “Member”.
9. Force Majeure
In all cases that are legally considered force majeure, "OTOYOLCU" is not liable for late or incomplete performance or non-performance of any of its acts specified in this "Membership Agreement". These and similar situations shall not be deemed as delay, incomplete performance or non-performance or default for the "OTOYORCU" or no compensation under any name can be claimed from the "OTOYOLCU" for these situations. The term force majeure; including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur due to this, power outages and bad weather conditions, and beyond the reasonable control of the relevant party; and It will be interpreted as unavoidable events that the "motorway" could not prevent despite showing the necessary care.
10. Applicable Law and Authority
In case there is an element of foreignness in the implementation and interpretation of this “Membership Agreement” and in the management of legal relations arising within this “Membership Agreement”, Turkish Domestic Law will be applied directly, excluding the Turkish conflict of laws rules. Istanbul Central (Çağlayan) Courts and Enforcement Offices are authorized in the settlement of all kinds of disputes that arise or may arise due to this "Membership Agreement".
11. Enforcement The annexes referred to in this “Membership Agreement” and “Membership Agreement” and which are an integral part of the “Membership Agreement”, as well as the rules and conditions in the “Portal” are concluded electronically with the electronic approval of the "Member". entered into force. The invalidity, illegality or non-applicability of any provision of the "Membership Agreement" shall not affect the validity of the remaining provisions of the agreement.