WEB MEMBERSHIP AGREEMENT
GENERAL TERMS AND CONDITIONS
1-PARTIES
This agreement is entered into by and between Adnan Özen İnşaat Taah. Enerji Turz. Tic. ve San. A. Ş. operating at www.dokay.com.tr, the Member registering to the websites, and concluded at the time when the Member has voluntarily processed his/her registration. By registering as member to the website the Member declares and agrees that he/she has fully read and understood, and agrees to the terms and conditions of the agreement.
2-DEFINITIONS
Dokay: Adnan Özen İnşaat Taah. Enerji Turz. Tic. ve San. A. Ş.
Member: The natural or legal person registering to the website
Website: The website published at www.dokay.com.tr
Vehicle: Any vehicle of any make or model displayed at the Dokay parking space owned by Dokay for the purposes of renting.
3-SUBJECT OF THE AGREEMENT
This agreement defines the mutual rights and obligations of Dokay and the Member based on the procedures and principles regarding the online vehicle rental offers made by Dokay via the website. This agreement is legally binding with regards to the vehicle/s that are offered on the website and will be rented by the Member.
4-RIGHTS AND OBLIGATIONS OF Dokay
4.1. Dokay takes reasonable measures to prevent the loss, misuse, abuse and modification of the personal ID, address, and contact information which are under its control and supervision. However, Dokay does not by any means guarantee the security of such information. The information or data provided by the Member on the website will not be construed as confidential.
4.2. Dokay may, for security reasons, track and record any activity by the Member on the website, and if deems necessary may intervene by suspending, freezing, canceling the membership or other similar actions.
4.3. Dokay may modify the format and content of the website, in part or in whole, or may change the domain name of the website, use different subdomains, redirect to another domain or close down the domain without prior notification to the Member.
4.4. Dokay may periodically send emails and text messages (sms) to the Member containing information about the rental vehicles, the services offered via the website or about the promotions and advertisements. The Member herewith accepts to receive such information.
4.5. Dokay may, at any time and without providing a reason, modify the scope and variety of its services, and as well, freeze, terminate or cancel the services offered on the website in part or in whole without prior notification to the Member.
4.6. Dokay may modify and/or update its services and operations for the purposes of enhancing the efficiency of the works and processes stated in the agreement. Members herewith accept and declare that they agree and shall adhere to such modifications.
4.7. This agreement does not imply any commitments regarding the number of vehicles, the make, the model, the year or any other specifications of the rental vehicles offered by Dokay. The Member may not claim any rights or receivables from Dokay based on such and any other reasons.
5-RIGHTS AND OBLIGATIONS OF MEMBER
5.1.The Membership is completed upon the full execution of the procedure by the person applying for the membership as defined on the website.
By receiving the membership, the Member accepts the terms of this agreement and any statements made/to be made by Dokay regarding the membership and the services.
5.2.The Member confirms and declares that any information he/she has provided regarding his/her ID, driver's license, address and contact details are complete and correct, that he/she will immediately inform Dokay of any changes to such information, and that he/she will be solely liable for any legal controversies and damages arising from incomplete, outdated or inaccurate information. Dokay shall bear no liabilities on this account.
5.3.The Member agrees and confirms to adhere to the Turkish laws and regulations, and public decency, to avoid abusive, intimidating, defamatory and slanderous, harassing or otherwise unmannerly acts, to refrain from political and ideological publicity, to avoid any behavior potentially disturbing to the other Members, to refrain from any defaming acts towards individuals or institutions, to avoid any act that will interfere with or disrupt he services provided on the website. The Member further agrees and confirms that he/she will be liable for any damages and losses that arise from non-compliance with this clause.
5.4.The Member agrees and confirms to avoid any infringement of third parties' rights that fall under the scope of the intellectual property law, to respect the copyrights of third parties, to refrain from unfair competition, and to respect the trade secrets as well as the private lives of any third parties.
5.5.The Member confirms and declares that, when using the website, he/she will define a password which cannot be easily predicted by others, and that he/she will not share with others his/her information such as user name and password. As such information is not restored in the website database, the Member further confirms and declares that he/she will be solely responsible for the safety of such information and will not hold Dokay responsible under any circumstances.
5.6.The Member confirms and declares that he/she will only use the membership account defined to his/her name and not the account information defined for any other members, and that he/she will not allow others to use his/her membership account. The Member further confirms and declares to accept that his/her membership may be canceled and that he/she will indemnify any damages or losses that have arisen or will arise from non-compliance with this clause.
5.7.The Member agrees and confirms that he/she will not send malicious software, programs, codes or any other similar material to the website, and refrain from any acts that may endanger the security of the website and its members.
5.8.The Member may not transfer his/her membership account to any third parties.
5.9.The Member may not restrict, inhibit other persons' use of this site, and may not interfere in the operations of the website or the servers and networks deployed to operate the website.
5.10.Dokay is not responsible for any damages and losses that may directly or indirectly arise from the Member's access and use of the website including but not limited to virus attacks that impact the hardware and/or any damages and losses that may arise from the information obtained via the website.
5.11.The Member accepts that he/she will not intend to or intend to attempt to utilize any tools, software or device to interfere with the operation of the website, to gain unauthorized access to the website and to use the website in an unauthorized manner, to gain unauthorized access to or to exploit other internet users' software and data.
5.12.The website may contain links to external websites that are independently owned by third parties and not controlled by Dokay. Dokay does not guarantee the accuracy of the information provided on these websites. Dokay bears no responsibility for the services/products or the contents provided on the websites accessed via such links. Access to these websites is at the Member's sole discretion and not sanctioned by Dokay.
6-INTELLECTUAL PROPERTY RIGHTS
6.1.The presentation and the entire content of the website is protected by the Turkish Laws and the intellectual property code, and any published information and data, including, first and foremost, any trademarks, logos and service marks, are owned by Dokay or their licensors. The Member may not, without the written consent of Dokay, directly or indirectly, as-is or otherwise, distribute, forward, modify, duplicate or copy, view, reproduce, publish, edit or otherwise process or utilize the website or its content, and may not permit third persons to gain access to or utilize the services of the website. Otherwise the Member shall be liable of indemnifying Dokay for any damages or losses incurred/to be incurred by Dokay and for any amounts claimed from Dokay based on the damages or losses incurred by third parties, including but not limited to those by the licensors.
6.2.Dokay reserves all rights related to the services of the Website, the information contained on the Website, and the studies related to the Website, the trademark of the Website, the commercial presentation of the Website, or all assets related to the Website including any material and intellectual rights, and real and personal rights, commercial information and know-how.
6.3.All rights of any text, graphics and images shown on the website are reserved, and may not be appropriated without permission.
6.4. Unauthorized use of any material rights related to the Website content, design and software (processing, duplicating or reproducing, distributing, representing and offering to public), and any unauthorized disclosure and utilization without limitation, shall mean the violation of intellectual and industrial property rights.
6.5.Members agree and confirm to adhere to the provisions of the Turkish Code of Obligations, the Turkish Penal Code, the Law on Intellectual and Artistic Works, the Turkish Commercial Code, the Statutory Decree Concerning Brands, and to the provisions of any current and/or future regulations to take effect. Any legal, administrative, penal and pecuniary liabilities born from non-compliance belong to the Member and Dokay reserves its right of recourse.
7-RESPONSIBILITY
The Member acknowledges that the information and services provided/published on the Website may possibly experience defects, communication issues, technical problems, infrastructure and internet failures, power outages and/or other issues that are not limited to those herewith mentioned, and that, in the event of such issues/failures Dokay is authorized to halt or terminate or cancel its car rental activities via the website without giving notice or justification to the Member. The Member may not claim any rights or payments from Dokay based on such reasons.
Dokay does not guarantee the infallibility or the continuity of its services, or that the services it provides are free of viruses and other harmful components. Dokay cannot be held responsible of any direct and/or indirect damages and losses born from the Member's utilization of any product or service. The Member confirms and declares that he/she in person is responsible for any losses or damages that may arise from his/her use of the service or the website.
8-FORCE MAJEURE
In the event of any "Force Majeure" as such circumstances beyond the reasonable control of the related party, are unavoidable, and could not be prevented despite the party's due diligence including but not limited to natural disaster, riot, war, strike, communication issues, technical issues, infrastructure and internet failures, power outage and adverse weather conditions, Dokay holds the right to delay the performance of, or refrain, in part or in whole, from performing any of its contractual liabilities herein defined. Dokay's liabilities shall be suspended for the duration of the Force Majeure. In such or other similar events, Dokay shall not be deemed to have delayed, non-performed in part or in whole, or defaulted its liabilities. No claims for indemnification can be made against Dokay on account of such events, irrespective of the definition. In the event that the Force Majeure persists for more than 7 (seven) days, Dokay may unilaterally terminate this agreement without giving notice and without any compensation.
9-CHANGES TO THE TERMS OF AGREEMENT
Dokay reserves the right to unilaterally modify the provisions of this agreement without notifying the Member or without justification. The Member agrees to have accepted the said modifications with the release of the Website. The Member hereby and irrevocably accepts this provision.
10-CANCELLATION OF MEMBERSHIP AND TERMINATION OF AGREEMENT
10.1. In the event of the Member's non-compliance, in part or in whole, with any or all of his/her liabilities arising from this agreement, Dokay may unilaterally terminate this agreement and cancel the Member's membership without any notice or justification, and freeze or cancel, in part or in whole, the services that have been, are, or will be provided to the Member via this website. The Member may not claim any rights or losses on this account. The Member may not object in such event.
10.2. If it deems necessary Dokay is authorized to unilaterally terminate this agreement and cancel the Member's membership without any notice or justification, and freeze or cancel, in part or in whole, the services that have been, are or will be provided to the Member via this website. In such event the Member may not claim any rights, receivables, profit losses, damages or any other payments irrespective of the definition, under any pretext whatsoever such as that the termination is unfair, unjustified, unsubstantiated, untimely, or against good will.
11-DURATION OF AGREEMENT
This agreement takes effect with the submission of the approval on the Website and automatically ends without further notice when Dokay cancels the membership of the Member and/or when the services provided on the Website are discontinued.
12-CONFIDENTIALTY
The Member shall keep confidential any commercial, financial, legal or technical information, or any information that may be deemed to be commercially confidential or subject to legal protection that he/she has directly or indirectly obtained about Dokay during the execution of this agreement and shall not disclose such information to any parties without the permission of Dokay. The stated liability for confidentiality shall not be applicable under the following conditions:
Dokay may collect in a database the Member's ID, driver's license, address, contact, IP and site usage information and use such information without any limitations for the purposes of legal activities, including but not limited to, conducting user profile and market research, creating sales and site usage statistics. Dokay is authorized to share the Member's information with the relevant insurance companies, banks and other third parties as required in relation to the services provided via the website. Dokay also may share such information with third parties for the purposes of adhering to legal obligations or if demanded for any investigations or examinations conducted by judicial or administrative authorities, or of protecting the rights and ensuring the safety of the users.
13-NOTIFICATIONS
The Parties agree and confirm that the addresses stated during the membership operation are their legal correspondence addresses, and that any notifications to be made to the stated addresses shall bear the legal consequences of legal notification unless any changes are notified to the other party in written.
The Member agrees that any notifications related to the changes in the agreement and the services, the cancellation of membership, the termination or discontinuation of the agreement, or any other issues, will be sent to the email address which the Member has provided during the membership registration, and that the notification shall be deemed delivered once a notification has been transmitted by Dokay regardless of whether or not the email notification has been received by the Member, and that such emails shall bear legal consequences. Dokay shall not be responsible of delayed delivery or non-delivery or its consequences. Email and fax may not be used in the Member's correspondence with Dokay.
14-AUTHORIZATION AND EVIDENCE AGREEMENT
14.1.The Turkish Laws shall be applicable in the resolution of any issues arising from the execution of this agreement and the İstanbul Anadolu Courts and Enforcement Offices shall be authorized.
14.2.The Member accepts that, in the event of dispute, any documents, records, books, and any offline and online electronic information, text and record kept by Dokay shall constitute the sole, exclusive, final and binding evidence, and that this clause constitutes an evidence agreement under article 193 of the Civil Procedure Code.
15-MISCELLANEOUS
15.1.In the event of the annulment or non-enforceability of any of the clauses in this agreement for any reason, all other clauses shall remain in effect.
In the event that Dokay does not exercise or delays to exercise any one of its rights or capacities under this agreement, this shall not imply its waiver of that right or capacity, nor shall its exercise of a right or capacity individually or in part hinder it from exercising such right or capacity at a later time. Waiver of any term, clause or provision of this agreement shall not come to mean or shall not be interpreted as such that the term, clause or provision has been thereafter or permanently waived.
15.3.This agreement shall take effect as of the moment it is approved on the Website and shall replace, if applicable, any agreements that have been previously approved on the Website. In the event of a dispute, the provisions of this agreement shall be applicable irrespective of the agreement related to the timing of the event. The Member, accepts, declares and confirms that he/she holds no rights and receivables arising from an agreement, if any, that has been previously approved on the Website or from any commercial operation via the Website, that he/she irrevocably and in the broadest sense releases Dokay of any issues, that his/her responsibilities to Dokay that have been or will be born from the said agreement and commercial relationship endure.
15.4.The Member confirms and declares that he/she has read and understood all applications and rules contained on the website. The Member acknowledges that he/she knows, understands and agrees to the consequences of the adverse regulations contained in the whole of the agreement.
15.5.The Member may not transfer or assign his/her rights, receivables and liabilities to any third parties without obtaining Dokay's prior written consent.
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