ŞARJON CHARGING STATION NETWORK MEMBERSHIP AGREEMENT
A. SUBJECT AND PURPOSE OF THE CONTRACT
1. The business is this Charging Station Network Membership Agreement (“Contract”) of our company Şarjon Yenilenebilir Enerji ve Elektrikli Araç Şarj Sistemleri Tic. A.Ş To log in to the www.sarjon.com.tr site (“Website”) which is the website of A.Ş. (“Company”) and the mobile application “Şarjon” connected to this site by members (“Member”) and guest users who may use the Company’s charging station even though they are not members of the Website and “sarjon” (“Guest”) and the networked mobile application and the charging station network owned by the Company are agreed to ensure that the Member and Guest are used for the charging of electric vehicles by the Member and Guest within the framework of the terms and conditions set forth in this Agreement and the Website and to regulate the rights and obligations of the Parties.
2. In this agreement, the Company, Member and Guest may be referred to separately as “Party”andtogether as “Parties”.
B. EFFECTIVENESS AND MEMBERSHIP OF THE CONVENTION
3. The work shall come into force when the Member reads this Agreement and signs the phrase “I accept the Agreement” by entering the necessary information and/or completing the necessary steps in the section reserved for membership in the Website and/or the mobile application connected to this site. In order to become a member, it is necessary to be a minor, to be authorized to represent and represent the legal entity for legal entity members. If the Company does not have an obstacle to membership, the Company will provide the Member with a membership card (“Membership Card”) for the use of the charging station network as soon as possible.
4. This Agreement shall enter into force for guests by entering the necessary information into the section reserved for the Guest on the Website and/or in the mobile application connected to this site and/or by completing the necessary steps, reading this Agreement and marking the phrase “I accept the Agreement”. In order to use the charging station network as a guest, it is necessary to be a legally eligible, the legal entity must be authorized to represent and represent the legal entity for the guests. After the completion of these stages, the Guest will be able to start using the winding station network.
C. GENERAL PROVISIONS REGARDING THE SERVICE
5. The Company reserves the right to make changes to this Agreement by updating it through its Website and/or mobile applications.
6. The Member and Guest will be able to determine the charging station locations where the Company can charge the electric vehicle it uses through its Website and mobile applications and, if available, monitor the opening hours, technical characteristics, price and suitability of the charging stations. Unlike the Guest, the Member will be able to follow the information about their previous use and make a reservation for future use. The Company’s liability is limited to the fact that such information is accurate and up-to-date at the time of the Member’s control, and the Member agrees that this information may change frequently and that he may not attaify the Company of any liability for the update/alteration of such information.
7. The Member shall be able to benefit from the charging service provided by the Company under this Agreement with the Membership Card sent to him/ her.
8. The Company’s liability to the Member and/or Guest is limited to the direct damages of the Member and/or The Guest arising directly from the Company’s defect, without the fault of the Member or Guest, which occurs during the use of the services provided under this Agreement by the Member and/or The Guest.
9. The Member and Guest shall be made available only if the Member and/or Guest pay the fee specified by the Company, which is the equivalent of such services, and if the payments related to the fees are not made in full and on time, or if they do not provide up-to-date, accurate and complete information on the issues for which information is requested within the scope of the membership, the Use of this Agreement may be deemed to have been violated by the Company or may be discontinued without notifying the Member. The Guest / Member agrees that the account may be closed or that the business may exercise its legal rights under this agreement and other legislation.
10. In all cases deemed force majeure, the Company is not obliged to perform or perform any of its actions determined by this Agreement late or incompletely. These and other circumstances will not be considered delays, under-performing or non-performing or defaults for the Company, or compensation may be claimed under any name from the Company in such cases. Force majeure includes, but not limited to, natural disaste<rs, riots, war, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions, attacks on the Website and mobile application and system, although the Company has taken the necessary information security measures, and unspecific events that develop outside the reasonable control of the Company and which the Company has not been able to prevent despite due diligence.
D. SPECIAL PROVISIONS RELATED TO THE SERVICE
11. The Member and/or Guest is responsible for the accuracy and up-to-dateness of all information provided in any way during the entry into the Website and/or mobile applications and the continuation of the membership of the members. If the Company determines that the Member and/or Guest’s information is in no way up-to-date, the Company may terminate the memberships of the Members. It acknowledges and declares that it will incur any damages incurred by the Guest Company in relation to the issues that will arise under this article.
12. The Membership Card allocated by the Company to the Member belongs exclusively to the Member and is only allocated for the use of the Member. For any reason, the Member may not have the Membership Card re available to a third party. The Member acknowledges, declares and undertakes that he/she is obliged to update this information immediately if the model/license plate etc. information provided by the vehicle during the membership is changed and/or the Membership Card is allocated to a particular vehicle and such vehicle information is changed. Otherwise, the Member agrees that his membership may be terminated or terminated by the Company.
14. The Member and Guest acknowledge and declare that the Company has the right to freely assign the price and pricing terms and conditions of the service offered under this Agreement, promotion and other applications, and that these may be applied to different members in different ways and conditions, individually at the company’s discretion.
15. The Parties are aware that the price, penalties and payment terms of the service provided under this Agreement are included in the Company’s Website and mobile applications and are updated from time to time in these media. The Member and Guest declare and undertake that the Company is obliged to control the fee and payment terms and conditions from the Website and mobile applications before receiving the service and accepts the updates made in these media. If the Member and/or Guest does not pay in full and on time, the Company irrefutablely accepts, declares and undertakes that it may exercise all rights specified on its Website and mobile applications, including interest arising from the relevant legislation, and that the Company will reimburse it for its losses arising from late payment.
16. The current amounts for the tariffs, penalties and all other fees specified under this agreement will also be announced on the Website and mobile application. In addition, the cost of the service on the tariffs, the amounts of the penalties and other costs may vary depending on the location, day, time block and time. In addition, the company reserves the right to make changes to and cancel any opportunities and campaigns in texts such as promotions, advertisements and brochures and their prices.
17. Member and Guest agrees that the Company is not responsible for the failure to fully and fully provide the service under this Agreement due to situations arising from technical infrastructure and/or failures to provide the service under this Agreement due to situations and/or failures arising independently of the Company, including/or power outages, and/or due to service interruptions and disruptions caused by the location or location provider of charging stations, and cannot claim any compensation from the Company in connection with them, declares and undertakes.
18. The Member is responsible for the confidentiality of the membership account and password, and for the security of the Membership Card and/or the tools using the Website and mobile application. In the event that these are obtained/stolen/lost by third parties, the Member acknowledges, declares and undertakes that he/she is exclusively responsible for the use of membership information and the Membership Card by third parties and is obliged to inform the Company immediately in such a case and that the Company has no responsibility.
19.Member and Guest acknowledge, declare and undertake that the Company is not responsible in any way if it fails to benefit from the full and proper operation of its electric vehicle and charging system and therefore the charging service under this Agreement for any reason arising from the Vehicle and/or Member and/or Guest. The Company is also not responsible for access problems caused by the area where the charging stations are located, traffic congestion in these areas, or any damage or loss caused to the Member and/or guest by other members or 3rd parties.
20. The Company owns or licensees all materials and related intellectual and industrial property rights, including all domain names, logos, all kinds of data, sales system, business method and business model contained in the Website or mobile application, and is under legal protection. Unless otherwise stated, it may not be used by the Member and/or Guest for commercial or personal purposes without permission or without a source.
E. PROVISIONS FOR PAYMENT
21. The Member and Guest declare and undertake that the current information of the terms and conditions regarding payment and remuneration, cancellation and refund is included in the Website and mobile application and accepts them.
22. Payment systems are determined by the Company’s own initiative and payments, not limited to these, will be made by credit card using the infrastructure provided by the company that brokers the payment via “sarjon”.
23. The Member is exclusively responsible for keeping all contact information stored on the Website and/or mobile application up to date and retained.
24. The Company reserves the right to take legal action if the Member and/or Guest does not fulfill the payment obligation in full, on time and properly.
F. PRIVACY AND PERSONAL PROTECTION
G. TERMINATION OF THE CONTRACT
26. The Company may discontrute or terminate the service offering if the Member and/or Guest does not comply with this Agreement, the terms and conditions of use set forth on the Website and mobile application. In such a case, the Member and/or guest company is obliged to immediately pay all debts in the presence of the Member and/or guest company and to insure the Company of any losses arising from the breach of the Agreement.
27. The Member or Company has an obligation to notify the other Party if it wishes to terminate this Agreement and membership, for the avoidance of the relevant provisions of this Agreement. The Member shall make this notification through the contact information contained in the Company’s Website and the contact tab in the mobile application. The Company shall make any notification to the e-mail address notified by the Member and the Member agrees that this e-mail address is the legal notification address and that unless the Member notified the Company in writing within 3 (three) days of the changes, the requests to the old e-mail will be valid and deemed to have been made to him. Any notification to the Member’s e-mail address will be deemed to have reached the Member 1 (one) day after the notification was sent.
28. This Agreement begins in accordance with Article B. for Guests and expires after the Guest has received a recharge service from the winding station network.
H. DRILLING CONTRACT
29. Member and Guest shall constitute binding, conclusive and exclusive evidence of the Company’s own electronic and system records and system records, microfilm, microfichip and computer records, commercial records, ledger records, e-invoices and computer records in disputes arising out of the services provided under this Agreement; It acknowledges that it has removed the Company and the persons authorized to represent it from the offer of oath and that this article is a contract of evidence in the meaning of Article 193 in accordance with the Law of Legal Procedures.
I. DISPUTE RESOLUTION AND APPLICABLE LAW
Turkish Law shall apply to the implementation, interpretation and legal relations arising under this Agreement. Istanbul (Caglayan) Courts and Executive Offices have been appointed authorized to resolve disputes originated by this agreement.