1. PARTIES (the “Parties”)
The Membership Agreement (the “Membership Agreement”) is executed by and between AVRASYA TÜNELİ İŞLETME İNŞAAT VE YATIRIM ANONİM ŞİRKETİ (“ATAŞ”), residing at Barbaros Mahallesi Dr.Eyüp Aksoy Cad. No: 9 Üsküdar / Istanbul, and user of the website site registered with the domain name of https://www.avrasyatuneli.com/uyelik/uye-girisi (“the Member”) for establishing the terms and conditions to be observed by the Member inusing the Services provided by ATAŞ through its website and mobile application. ATAŞ and the Member shall be herein referred to individually, as the “Party”, and jointly, as the “Parties”.
2. SUBJECT AND SCOPE OF THE AGREEMENT
The Member intends to open a user account in the website operated by ATAŞ and registered with the domain name of https://www.avrasyatuneli.com/uyelik/uye-girisi and to have access to the following Services:
- 'Access to the information about toll violations of a vehicle registered to the Member,',
- 'Obtain information about toll violations through the preferred means of communication, and',
- "Be informed on the campaigns and procure promotional information and materials provided by ATAŞ through the use of information shared by the Member during the marketing activities, subject to the Member’s consent (hereinafter collectively referred to as “the Services”).
Accordingly, the purpose of the Membership Agreement is to establish the terms and conditions to be observed by the Member in using the Services provided on the website or mobile application by ATAŞ or a business partner designated by ATAŞ, and to set out the related rights and obligations of the Parties.
3. DEFINITIONS
Unless stated otherwise, the capitalized terms used in the Membership Agreement shall have the following meanings:
- “ATAŞ” means Avrasya Tüneli İşletme İnşaat ve Yatırım Anonim Şirketi, residing at Barbaros Mahallesi Dr. Eyüp Aksoy Cad. No:9 Üsküdar/Istanbul, and registered to the Istanbul Registry of Commerce with the trade register number of 713274.
- “Confidentiality“ means the provisions on confidentiality obligations to be observed by the Parties in respect of the Membership Agreement and the Website, as stipulated in Article 6 of the Membership Agreement.
- “Service“ means the practices adopted by ATAŞ to enable the Members to carry out the transactions and processes described in the Membership Agreement, including but not limited to the ones listed in Article 2 of the Membership Agreement.
- “Website” means the website owned by ATAŞ and registered with the domain name of https://www.avrasyatuneli.com/uyelik/uye-girisi
- “LPPD“ means the Law on the Protection of Personal Data numbered 6698.
- “Member” means any natural or legal person using the services provided by ATAŞ through the Website and under the Membership Agreement.
- “Membership Agreement” means the membership agreement between ATAŞ and the users to become a Member.
- “Membership Form” means the form filled out by the users with their personal data during their application to become a Member.
4. RIGHTS AND OBLIGATIONS OF THE MEMBER
4.1 To become a Member, the user intending to become a Member must consent to the Membership Agreement, available on the Website, and provide accurate and up-to-date information, as requested herein, and the membership application must be reviewed and approved by ATAŞ. Additionally, the activation process through an SMS sent by ATAŞ, must also be completed. The Membership Agreement shall be considered as concluded and the user will become a Member upon the completion of the approval process and notification thereof to the Member, and the rights and obligations included in the relevant sections of the Membership Agreement and Website will take effect.
4.2 It is hereby accepted, declared and agreed that when a Member accepts the Membership Agreement, the Member shall be considered as accepting all kinds of statements made in respect of the current and future Services provided by ATAŞ on this Website as well as use of such Services, contents, applications, Members and users.
4.3 By accepting this Agreement, the Member accepts, declares and agrees that s/he is older than 18 years old and is not subject to any restriction that leads to loss of capacity under the laws of the Republic of Turkey.
4.4 The Member hereby accepts, declares and agrees that s/he verifies accuracy of the personal information provided in the membership form. ATAŞ is not obliged to or responsible for investigating accuracy of the information and contents provided by the Member, and for undertaking and guaranteeing security, accuracy and legality of such information and contents; ATAŞ shall not be held responsible for any damages arising from wrong or inaccurate information and contents. The Member who fails to give accurate and current information when filling out the Membership Agreement in question shall be personally responsible for all damages arising from such failure.
4.5 ATAŞ has the right and authority to use the information included in the Membership Form for the informative and marketing activities to be also organized by ATAŞ, and by undersigning the Membership Agreement, the Member hereby accepts and agrees that it shall not claim any rights and / or make any claims from ATAŞ in this respect.
4.6 The Member hereby accepts and declares that s/he shall follow the provisions of the Membership Agreement, all terms and conditions written on the Website, applicable regulation and code of ethics when using this Website. The Member shall bear legal and criminal responsibility regarding the transactions and activities conducted on the Website.
- "To transact using false information or using a third party’s information; to create fake Membership accounts by giving inaccurate or misleading personal data including incorrect or misleading home address, electronic mail address and contact details and to use such accounts in a manner violating the Membership Agreement or legislation in force; to become a Member of the Website or to transact by impersonating someone or with a false identity;",
- "To have unauthorized access to another Member’s account;"
- "To use the Website for creating, checking, updating or amending any database, record or guide on behalf of any person;",
- "To spread a malware/virus or any other malicious technology impairing the Website, Website’s database and any content on the Website;",
- "To use the website or a section of the website for impairing, changing or reverse engineering purposes; to do any activity that is detrimental to the technical operations of the Website; to use screen scraping software or systems such as automated programs, webbots, web crawlers, spiders, data mining and data crawling on the website and to copy, publish or use any Website content or a section of any content without authorization.",
4.8 The Member must determine a username and password to have access to the account and to transact on the Website and the Member is solely responsible for security and confidentiality of such data. The Member hereby accepts, declares and agrees that transactions completed with one’s username and password shall be considered as conducted by that person; the Member shall be responsible for such transactions and the Member cannot make a plea and / or objection by arguing that such transactions were not executed by that Member and / or the Member cannot abstain from fulfilling obligations based on such plea or objection.
4.9 The Member shall not completely or partially assign its rights or obligations under the Membership Agreement without obtaining prior written consent of ATAŞ.
5. RIGHTS AND OBLIGATIONS OF ATAŞ
5.1 ATAŞ reserves the right to temporarily or permanently suspend the service provided to the Member during the term of agreement without stating a reason and it shall not be held responsible for such incidents under any circumstances.
5.2 ATAŞ has the right to cancel and terminate the membership with immediate effect and without any notice if it is determined that the information provided by the Member in the Membership Form is incomplete or incorrect.
5.3 ATAŞ has the right to advertise on the Website or to authorize third parties for advertising on the Website.
6. PROTECTION OF CONFIDENTIAL AND PERSONAL DATA
6.1 The personal data given by the Member to ATAŞ when registering to the Website is processed, secured and protected by ATAŞ according to all legislations, including the Law on the Protection of Personal Data numbered 6698. Accordingly, ATAŞ processes the personal data of the Member as described in the [Information Note] and, if required, transfers such data to the related third parties. The [Information Note] is an integral part of the Membership Agreement.
6.2 By using the Services and / or creating an account, the Member explicitly and freely consents that the Member’s personal data will be collected, used, transferred and otherwise processed, as explained in the [Information Note]. Please see the [Information Note] to have further information about the conditions of using your personal data and your rights in this respect and you may exercise your rights by sending an electronic mail to [avrasyatuneli@hs01.kep.tr] or calling Eurasia Tunnel Call Center.
6.3 The personal data, provided by the Member in the Membership Agreement and / or the Membership Form and subject to consent for sharing, shall be collected, processed, stored and might be shared with the third parties by ATAŞ or its business partners, as stated in the [Information Note] for fulfilling the obligations listed in the Membership Agreement, performing the applications required to run the Website, providing and offering a number of advantages to the Member and for [all kinds of electronic communication such as advertisement, sales, marketing and surveys customized for the Member], profiling, statistical studies.
6.4 The Member hereby accepts, declares and agrees that ATAŞ shall be entitled to disclose the confidential / private / commercial information included in the Membership Agreement and / or Membership Form to the public authorities in case of incidents required by this article and governing legislation in force or if the other users and third parties claim violation of their rights and the Member shall not claim any damages from ATAŞ for such disclosure in any way.
6.5 In case of fraud, forgery, abuse of information obtained from the Website and disputes arising in respect of incidents that might be considered as a criminal offence under the legislation, the personal data collected from the Member might be shared with other parties who might be a party to such dispute but this disclosure shall be only for the purpose of exercising legal rights about the subject in dispute and restricted to this purpose.
6.6 The Member hereby consents to the use and storage of personal data and information by ATAŞ as noted herein.
6.7 The Member may exercise the rights granted in respect of its personal data as per Article 11 of the Law on the Protection of Personal Data numbered 6698 and the right of changing or updating such data any time.
7. INTELLECTUAL PROPERTY RIGHTS
ATAŞ owns ATAŞ brand and logo, Website and mobile application as well as their design, software, domain name and all kinds of related brands, designs, logos, trade dresses, slogans and all kinds of intellectual property rights of all other contents created by ATAŞ. The Member cannot use, share, distribute, display, copy the intellectual property rights owned by ATAŞ or its subsidiaries or work on derivatives of such rights without consent of ATAŞ. The Member cannot use the Website or application or a section of them in any other platform without consent of DP. If the Member violates the intellectual property rights of the third parties or ATAŞ, the Member shall be obliged to compensate all direct and indirect damages and costs suffered by ATAŞ and / or the third party in question.
8. AMENDMENTS
ATAŞ, at its sole discretion, might unilaterally amend the Membership Contract and all kinds of policies, conditions and terms on the Website at any time it deems fit and by announcing on the Website, provided that such amendments are in compliance with the applicable laws. The amended provisions of the Membership Agreement shall be effective as of release on the Website and the remaining provisions shall continue to be in force as is and have legal consequences.
9. DURATION OF AGREEMENT AND TERMINATION
This agreement is concluded as a rolling agreement and it shall be effective and continue to be binding on the Parties unless terminated by ATAŞ and unless the Member voluntarily terminates membership.
If it is determined that the Member has violated the obligations listed in Article 4 of the Membership Agreement, ATAŞ shall be entitled to terminate the agreement unilaterally and with immediate effect without serving any notice, obtaining any verdict or without necessity of any further formality. Without prejudice to the incidents where the abovementioned membership is terminated by ATAŞ, the Member is entitled to terminate the membership at any time by clicking on the “Cancel Membership” button on the [Setting Page]. The Member hereby accepts and agrees that it shall not claim any rights from ATAŞ when the Member cancels its membership or when the membership is terminated by ATAŞ.
10. NOTICES
The address written in the membership form by the Member shall be the correspondence address for all kinds of notices to be served under this agreement. The Member hereby accepts that if the address written in the membership form changes, the address shall be immediately changed using the membership system; otherwise, the notices to be served to the (old) address registered in the system shall be valid. The Member hereby accepts that the notices sent to the e-mail address used for registration and the mobile number written in the membership form shall be binding as is.
11. GOVERNING LAW AND SETTLEMENT OF DISPUTES
The Parties hereby accept, declare and agree that Istanbul Anadolu Courts and Bailiff’s Offices are authorized to settle all kinds of disputes arising from the Membership Agreement and the laws of the Republic of Turkey shall apply for incidents not included in this agreement.
12. EVIDENTIAL CONTRACT
The Member hereby accepts that the legal books and business records kept by ATAŞ as well as e-archive records, electronic information and computer records kept in ATAŞ database and servers shall be the binding, final and exclusive evidences in case of disputes arising from the Membership Agreement and this article shall be considered as an evidential contract, as described in Article 193 of the Code of Civil Procedure numbered 6100.
13. AMENDMENT AND WAIVER
If either party does not use or perform any right granted to it under the Membership Agreement, this shall not be considered as a waiver of the right in question or prevent use or performance of the said right in the future.
14. ENFORCEMENT
The Membership Agreement consisting of 14 articles is read and understood by the Member and then acknowledged electronically. The Agreement shall take effect when ATAŞ approves the membership application.