- SUBJECT MATTER AND PURPOSE OF THE AGREEMENT
This charging station network membership
contract ("Agreement") is concluded to enable the
members ("Member") to sign-in to VESTEL AKILLI SARJ
("Company") website
("Website") and the mobile application VESTEL AKILLI SARJ
connected to this site, to ensure that the mobile application
connected to the Website and the charging station network owned by the
Company are used by the Member for the charging of electric vehicles
under the terms and conditions set forth in this Agreement and the
Website, and to regulate the legal obligations and liabilities of the
parties. In this Agreement, the Company and the Member will
hereinafter be referred to individually as
a ("Party"), and collectively as the ("Parties").
- VALIDITY OF THE AGREEMENT AND MEMBERSHIP
This Agreement shall enter into force upon the Member's becoming a
member on the website or the mobile application connected to this
Website through entering the required information and/or by completing
the necessary steps, reading the terms of the Agreement and clicking
the "I Accept" button. In order to become a member, it is necessary to
attain majority or be legally authorized to represent and bind a legal
entity. Subsequent to becoming a Member upon successful completion of
the necessary stages, provided that there are no impeding conditions
for the membership, a membership card (“Membership Card”) will be created and delivered to the Member.
- GENERAL PROVISIONS
·
The Company reserves the right to make changes to this Agreement by
updating it through the Website and / or mobile applications.
·
The Member will be able to locate the charging stations for the
electric vehicle they drive, and, if applicable, will be able to
access information such as working hours, technical specifications,
pricing and availability of the charging stations via the Website and
the mobile application. The Company can be held responsible for the
accuracy of such information only at the time when the Member checks
the website/mobile application, and the Member agrees that such
information may change frequently, and they cannot assign any
responsibility to the Company for updating / modifying of such
information.
·
The Member can use the EV charging services offered by the Company
via the Membership Card provided under this Agreement.
·
The Company's liability to the Member is limited to the direct
damages to the Member arising from the Company's own defects, without
the fault of the Member, which occur during the use of the services
provided under this Agreement by the Member.
·
Member accepts that the services within the scope of this Agreement
can only be utilized provided that the fee specified by the Company is
paid, and any nonpayment or delay in payments of the fees or providing
noncurrent, inaccurate and incomplete information will be deemed as a
breach in contract and, in such a case, that Company holds the right
to discontinue use or terminate the membership account without
notifying the Member.
·
Company shall not be in breach of the Agreement nor liable for
non-performance or delayed performance of its obligations under the
Agreement, if this non-performance or delay is attributable to a case
of Force Majeure.
·
Such cases shall not be deemed delayed, incomplete or unperformed or
default for the Company, or for any other reason, the Company will not
be entitled to any indemnity. The scope of force majeure includes but
not limited to, natural disasters, rebellion, war, strike,
communication problems, infrastructure and internet failures, power
outages and bad weather conditions, and any attacks on Website, the
mobile application and the system despite the Company's best efforts
to take the necessary precautions, and any causes beyond Company's
reasonable control and occurring without its fault or negligence.
- SPECIAL PROVISIONS
·
The Member shall be solely responsible for providing and keeping
accurate and up-to-date information whilst signing up and using the
Website and/or mobile applications. The Member agrees that the Company
may terminate their membership if the Company determines that the
Member's information is not up-to-date in any way.
·
The Membership Card that the Company assigns to the Member belongs
exclusively to the Member and is reserved for the use of the Member
only. The Member is not to hand on the Membership Card to any other
third parties in any circumstances. The Member accepts, declares and
undertakes that it is obliged to notify the Company when there are
modifications to the information regarding the model/license etc. of
the vehicle and/or when the Membership Card is assigned to a specific
vehicle, and when there's a modification regarding the specifications
of the vehicle. The Member may only use the charging stations of the
Company in accordance with the law and solely for the purpose of
charging the vehicle they are using. The Member accepts, declares and
undertakes that they cannot use the charging stations for any other
purposes, including gaining commercial income, other than charging
their vehicle and if the Member uses the charging stations for other
purposes, the Member will be responsible for any direct or indirect
damages to the Company and/or any third parties. The Company reserves
the right of recourse to the Member for the payments to be made by the
Company to third parties for reasons arising from the Member.
·
The Member agrees and declares that the Company has the right to
freely determine the cost of the service provided under this Agreement
and the terms and conditions of payment, promotion and other
applications, and that these may be applied to different members in
different ways and conditions, individually at the Company's
discretion.
·
The Parties are aware that the cost 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 through
these channels. Prior to receiving the service, the Member declares
and undertakes that they are obliged to check the fee and payment
terms and conditions of the Company's Website and its mobile
applications, and accepts the updates made thereon.
·
In the event that the Member does not make a full and timely payment,
the Member accepts, declares and undertakes that the Company may
exercise all its rights, including demanding interest arising from the
relevant legislation, stated in the Website and its mobile
application, and that the Member will compensate any damages to
Company due to late payment.
·
The Member agrees, declares and undertakes that the Company is not
liable for any failure to perform the services within the scope of
this Agreement in full due to service interruptions or malfunctions
arising independently of the Company which include but not limited to
problems stemming from technical infrastructure and/or power outages
and/or the location of the charging stations or the land provider; and
therefore the Member will not claim for damages against the
Company.
·
The Member is responsible for the confidentiality of the membership
account and password, the security of the Membership Card and/or the
devices which are used to sign-in the Website and mobile application.
In the event that these are lost and/or assumed/stolen by the third
persons, the Member agrees, declares and undertakes that the Member is
solely responsible for the use of the membership information and the
Membership Card by third parties, and that they are liable to
immediately inform the Company of such situation and that the Company
does not have any responsibility. The Member agrees, declares and
undertakes that the Company is not in any way responsible if the
electric vehicle and the charging system are not functioning properly,
and therefore the Member cannot use the charging services under this
Agreement for any reason arising from the vehicle and/or the Member.
The Company is not responsible for any access problems caused by the
charging station area, traffic density in these areas, or any loss or
damage to the Member caused by other members or third parties.
·
The Company is the owner or licensee of all materials, including the
entire domain name, logo, all kinds of data, applied sales system,
business method and business model, and the intellectual and
industrial property rights in the Web Site or mobile application, and
is under legal protection. Unless otherwise stated, it may not be used
by the Member for commercial or personal purposes without permission
or source.
- PRIVACY AND PROTECTING PERSONAL DATA
With the acceptance of this Agreement, the information provided by
the Member during the application for membership is protected with
utmost care by the Company. Any information obtained through the
Website and mobile applications and other methods shall be used for
the performance of this Agreement and for the fulfillment of legal
obligations. The Member undertakes that the information submitted to
the Company is accurate and up-to-date. The user name and password
assigned to the Member via the Web Site and / or mobile application
are confidential. The Member undertakes not to share this information
with third parties. Otherwise, the Member is responsible for any
damages. Detailed information regarding the Agreement, its privacy
policy, and the protection and processing of any personal data can be
accessed through the Website and mobile application.
- TERMINATION OF THE AGREEMENT AND MEMBERSHIP
·
This Agreement and membership shall commence in accordance with
Article 2 and continue until terminated unilaterally by one of the
Parties.
·
The Company may suspend or terminate the provision of the service in
case the Member fails to comply with the terms and conditions of use
set forth in this Agreement, regarding the Website and mobile
application. In such a case, the Member shall be obliged to
immediately pay all debts to the Company and compensate the Company
for damages arising from the breach of the Agreement.
·
The Parties are obliged to notify the other Party provided that it
wishes to terminate the Membership and this Agreement. The Member
shall give notice through the Contact section in the communication tab
in Company's Website and the mobile application. The Company shall
send any kind of notification to the e-mail address provided by the
Member, and the Member accepts that the e-mail address provided by
them is the legal notification address and that the notifications to
the formerly provided e-mail address shall be valid and deemed as
received by the Member unless a written notice is given to the Company
within 3 (three) days. Any notification sent to the Member's e-mail
address shall be deemed as received by the Member 1 (one) day after
the notification is sent.
- EVIDENTIAL CONTRACT
Member, accepts in the event of any kind of disputes that may arise
in relation to the services provided under this Agreement, the
Company's own electronic and system records, microfilms, microfiche,
business records, bookkeeping entries, e-invoices and computer records
will constitute as binding, precise and exclusive evidence; It
acknowledges that the Company and the persons authorized to represent
it are free and clear of oath tender, and that this article is an
evidential contract in accordance with Article no.193 of the Code of
Civil Procedure.
VESTEL AKILLI SARJ STATION NETWORK PRIVACY POLICY
The purpose of this Privacy Policy is the (VESTEL AKILLI
SARJ”),
website regarding the use of electric vehicle charging (”Station“)
service and the mobile application of
VESTEL AKILLI SARJ (website and mobile
application channels will be referred to hereinafter as in
“Application”). Member (s) is to determine the terms and conditions
regarding the use of the information and data acquired by VESTEL
AKILLI SARJ during the use of the Application or shared with VESTEL
AKILLI SARJ during the use of the Application.
In accordance with the applicable Personal Data Protection
legislation, the data officer's information is as follows:
VESTEL AKILLI SARJ
Address Unit 21 Redleaf Business Park
Turvey
Donabate Co Dublin
Call Center: 0035318075044
VESTEL AKILLI SARJ uses the information communicated to the Member
within the scope of the Application and Station information, including
the equipment / equipment model, name, identifiers and Station
settings, that the Member obtains in
relation to the use of the Application and Station, including, but not
limited to, the use of the Station. the information of the Member's
movements on the Station, including the duration of the Member, the
information (name, e-mail, user name, password, etc.) provided by the
Member when starting the membership through the Application and the
information regarding the operations performed by the Application and
Station (mains voltage and charge).
the current information received includes
the last 10 years of discharge usage, received software errors, errors
of application and station, etc.).
These details and information Contacting the Member, improving the
Member's experience of using the Station, developing existing services
provided to the Member, creating new services and providing
personalized services, making recommendations based on member
preferences, providing customized and special content, customer, to
make product and service evaluation and analysis, to conduct market
research and to make various statistical evaluations and to create a
database without revealing the identity of the Member.
VESTEL AKILLI SARJ will be able to use these details and information
for any other activity intended to generate an income by anonymizing
it.
These details and information provide appropriate protection methods
to ensure a sufficient level of data protection to enable the Member
to benefit from the Implementation and Station and the facilities
provided therefor, in order to provide the Member with a proper
benefit from the Application and Station and to benefit from other
offers as well. For the purpose of ensuring that the details and
information is transferred, including the transfer of the information,
such as customer service etc., which is in cooperation with VESTEL
AKILLI SARJ and the Station. can be shared
with organizations.
In the event that the member gives further approval, such information
will be processed, stored and communicated to third parties in order
to make direct marketing by VESTEL AKILLI SARJ and its
collaborators.
In addition, the Member may be contacted through the details and
information in order to make notifications about the application,
service and transportation communications,
maintenance and support activities.
In addition to the above, VESTEL AKILLI SARJ anonymizes the use
transaction information made by the Member on the Station and the
Application; In statistical evaluations, performance evaluations,
VESTEL AKILLI SARJ and its partners' marketing campaigns, annual
reports and similar reports, they can store, process and communicate
to their business partners within the time required to realize these
objectives.
VESTEL AKILLI SARJ will also be able to share the Member's
information with third parties other than those listed above in the
presence of the following conditions:
·
It is compulsory for VESTEL AKILLI SARJ to fulfill its obligations
within the scope of the services to be provided,
·
Requesting information about users for the purpose of conducting a
research or investigation carried out by a competent administrative
and judicial institution in accordance with the relevant
legislation,
·
It is necessary to protect the rights of the Member or provide
information for its safety.
VESTEL AKILLI SARJ identifies and uses the IP address of the Member
in order to identify the problems related to the Station or the
Application and to resolve any problems immediately.
IP addresses can also be used to identify the Member in a general
manner and to collect comprehensive demographic information.
VESTEL AKILLI SARJ has the right to transfer the data related to the
above mentioned purposes to its servers located in Ireland (the
servers may be owned by itself, its affiliates or subcontractors).
VESTEL AKILLI SARJ may change the provisions of this Privacy Policy
at any time.
The provisions of the Privacy Policy, which VESTEL AKILLI SARJ made
amendments, shall be effective on the date of publication.
A member who wishes to request further information about our
compliance or to raise questions, concerns or complaints about this
Privacy Policy can contact us at
or contact us on .