1- Parties
The User Contract (“CONTRACT”) is between Naryaz Bilgisayar Yazılım ve Tic. Ltd. Sti. (“NARYAZ“) and the person signing up as a user (“CUSTOMER”) on the site (“SITE”) located at www.naryaz.com.tr
The Contract shall enter into force with the acceptance by the CUSTOMER in electronic form; will remain in force unless terminated by the parties in accordance with the procedures set out in the Convention.
2. The Subject and Scope of the Contract
This CONTRACT is concluded by the CUSTOMER in order to make use of the cloud based car rental software application (“APPLICATION”) accessed through the SITE and to determine the rights and obligations of the parties with respect to terms and conditions related to the data uploaded (“CONTENT”) to the SITE by the User.Terms of use, terms and conditions presented to CUSTOMER by NARYAZ egarding the use of the SITE and APPLICATION within the SITE are also an integral part of this CONTRACT and constitute the entire rights and obligations of the parties together with the rights and obligations contained herein.
3. Rights and Obligations of the Parties
3.1 CUSTOMER declares that it is required to approve this CONTRACT by providing the information requested by NARYAZ in full, accurate and up-to-date manner in order to benefit from the APPLICATION. In the event of any changes to the information provided during the establishment of the CUSTOMER status, such information will be updated immediately by the CUSTOMER. NARYAZ is not responsible for the inability to access or use the SITE or APPLICATION because of the lack of or misleading information.
3.2 CUSTOMER declares that he is 18 years of age and has legal competence to conclude this CONTRACT. In the event that the CUSTOMER has access to the SITE by a business name, the CUSTOMER acknowledges and declares that he has the necessary authorization. In this case, the CUSTOMER status and the rights and obligations shall belong to the said company.
3.3 CUSTOMER has the right to establish a single User account and NARYAZ prohibits the CUSTOMER from establishing a second account using the same or other information following suspension or termination of the User account. NARYAZ reserves the right to refuse to open the CUSTOMER User Account, subject to his or her will, without any justification.
3.4 Access to the SITE will be performed by the CUSTOMER using their e-mail address and password.The CUSTOMER shall be responsible for the protection of the privacy and security of this password and any activity carried out with the use of such information on the SITE shall be deemed to be performed by the CUSTOMER and any legal and criminal liability arising from these activities shall belong to the CUSTOMER. CUSTOMER shall promptly notify NARYAZ of any unauthorized use of his / her password or any other breach of security. The password is stored as encrypted in the system, can not be read by NARYAZ. In the first entry, the password sent by NARYAZ is changed by CUSTOMER.If the password is forgotten, the new password sent by NARYAZ must be changed by the CUSTOMER in the same way.
3.5 The CUSTOMER acknowledges and agrees that it will only use the APPLICATION for its legitimate activities in accordance with the other terms and conditions provided for in the SITE in relation to this CONTRACT, the appendices, applicable legislation and Implementation. CUSTOMER will be able to use the APPLICATION and the SITE on behalf of a third party as long as it is authorized to provide services to third parties. CUSTOMER shall in this context ensure that such persons will also comply with the present Covenant and all other provisions applicable thereto.
3.6 CUSTOMER may authorize its employees (“Authorized User”) to use APPLICATION at various times. The AUTHORIZED USER and the level of the authority within the APPLICATION shall be determined by the CUSTOMER. CUSTOMER is responsible of the AUTHORIZED USERS using the APPLICATION and will always control AUTHORIZED USERS’ access to APPLICATION and may change or deny AUTHORIZED USERS’ access level to APPLICATION at any time and without any attribution.
If there is a dispute between the CUSTOMER and the AUTHORIZED USERS regarding access to the APPLICATION, the CUSTOMER will decide on the AUTHORIZED USER’s access to the APPLICATION or CONTENT and the level of access.
3.7 The CONTENT shared by the CUSTOMER is the property of the CUSTOMER and all responsibility for the CONTENT is the responsibility of the CUSTOMER. NARYAZ shall not be liable for any loss or damage which may be caused by the CONTENT and NARYAZ does not have any liability with respect to lawfulness, correctness of the content, payment of invoices, collection, financial transactions and tax declaration.
It is the CUSTOMER’S responsibility to ensure compliance with relevant legislation on financial transactions, taxes and other matters. CUSTOMER acknowledges that NARYAZ may remove the CONTENT from the APPLICATION and its systems based on the requirements arising from the applicable legislation, in particular financial arrangements, and NARYAZ is not liable for any damages that may occur in this regard, including lost data.
3.8 CUSTOMER agrees that in the event that NARYAZ or APPLICATION is hosted by a third party, these third parties shall not engage in activities that would jeopardize the security and integrity of their computer and network systems and that the APPLICATION may not be used for the operation of the SITE or other systems for which the SITES or services are provided, and other users benefiting from the SITE shall not be able to access or use them in any way that would prevent or harm them or cause unauthorized access to the computer systems hosted by the APPLICATION or to the APPLICATION outside the scope of access granted to them and to the computer systems of the SITES NARYAZ and the third parties (INCLUDING, WITHOUT LIMITATION, THE CONTENTS AND OTHER MATERIALS THAT ARE NOT AUTHORIZED BY THE CUSTOMER) copy, distribute, transmit, display, download, reverse engineering or make use of the services of the SITE as long as it is not absolutely necessary for normal use.
3.9 CUSTOMER acknowledges that the use of the APPLICATION may be subject to restrictions including the number of vehicles, monthly processing and storage volumes. Such constraints will be specified in the APPLICATION.
3.10 The CUSTOMER may retain copies of the contents uploaded to the APPLICATION as a report file.NARYAZ does not guarantee that CONTENT loss will not be the case, along with the policies and procedures necessary to prevent data loss. NARYAZ is not responsible for the loss of the content, regardless of how it appeared.
3.11 NARYAZ shall keep and use the information and data shared by the CUSTOMER with him within the scope of the “Privacy Policy” which is in addition to this CONTRACT. CUSTOMER acknowledges that NARYAZ may share the information contained in NARYAZ with the relevant authorities if requested by the competent authorities in accordance with the applicable legislation. NARYAZ also has the right to share the CONTENT with other service providers (e-invoices and similar companies) to provide requested services such as invoicing, sharing payment information.
Apart from this, the information about the operations performed by CUSTOMER and CUSTOMER on the SITE can be used to fulfill the obligations of CUSTOMER and NARYAZ.
This information may also be stored and maintained on a database. NARYAZ will be able to use the CUSTOMER’s use and transaction information after performance evaluations are made anonymized during the time required for NARYAZ and its partners’ marketing campaigns, annual reports and similar transactions.
CUSTOMER agrees that the CONTENT and other data will be stored in the data centers located in Turkey or abroad by NARYAZor by third parties.
3.12 In the event of technical problems with the application, the CUSTOMER will make reasonable efforts to identify and diagnose the problem before communicating with NARYAZ . If the CUSTOMER’s technical support needs continue, the necessary support will be provided from the SITE, APPLICATION, or other appropriate channels.
3.13 In the event that the CUSTOMER provides communication means (such as a forum, chat tools or message center) on the SITE, the CUSTOMER declares and undertakes that such communication means will be used only for purposes that are legally permissible. The CUSTOMER will not use the means of communication, including sales of products and services, emails that are sent without the consent of the other party, files that may harm third parties’ software and computer systems, content that is offensive to other users, or any contrary content, to share materials other than for the purpose of APPLICATION. NARYAZ has no obligation to check the appropriateness of the communications carried out on the SITE or for the intended use of the APPLICATION. CUSTOMER will demonstrate that it is obliged to show the communication tools provided through the SITE, while using other web-based communication tools accessed through APPLICATION or used in connection with APPLICATION.NARYAZ has the right to remove the communication tools it provides via the SITE at its sole discretion.
3.14 CUSTOMER shall not transfer or assign any of its rights and obligations arising from the use of the User Account and this CONTRACT and the SITE to any third party.
3.15 NARYAZ shall have the right to suspend the membership of the CUSTOMER or to terminate the CONTRACT in the manner specified in the termination clause below and to end the user’s status in such a way if the CUSTOMER is in contradiction with the terms and conditions of this CONTRACT and the other terms and conditions included in this SITE and the declarations and commitments in this context. In such a case, NARYAZ reserves the right to demand from the CUSTOMER for damages arising from such contravention.
4-Terms of payment
4.1 CUSTOMER will be able to benefit from the APPLICATION, but only if he completes the payment with the payment conditions, instruments and prices declared in the SITE.
4.2 The CUSTOMER will be able to use the APPLICATION at no charge during the trial period, specified on the SITE. At the end of the trial period, the CUSTOMER membership will become a paid membership. Fees, payment terms and the effective dates of fees for the APPLICATION shall be announced in the relevant sections of the SITE. CUSTOMER will be able to upgrade the membership package at his / her own discretion. Requests for this will be made at the end of the relevant membership period, unless otherwise provided by NARYAZ. Changes to the remuneration and payment terms of the membership package during the CUSTOMER ‘s membership period will not be applied until the end of the CUSTOMER ‘s membership period, and new fees and payment terms will be effective at the beginning of the new membership period. During the membership period, it will not be refunded for any reason, including termination, of the CONTRACT for any reason.
4.3 CUSTOMER membership will be automatically renewed at the end of the each period, unless otherwise requested by the CUSTOMER until 3 (three) months before the end of the period.
4.4 NARYAZ will send an invoice to the contact address communicated by the CUSTOMER regarding the usage fees at the beginning of the membership period. All invoices will include the fees for the previous membership term in the case of a later paid membership, and the fees for the next membership term in prepaid memberships. The CUSTOMER will pay the relevant amount in the invoice within 7 (seven) days following the invoice date. CUSTOMER is responsible for the payment of taxes and fees for the related fees.
5. Intellectual Property Rights
5.1 All rights, property and interest on SITE and APPLICATION belongs to NARYAZ. The right to use the SITE and APPLICATION (proprietary, world wide, royalty free, non-transferable) is given to the CUSTOMER within the scope of this CONTRACT. Nothing in the CONTRACT and other terms with respect to the SITE shall be interpreted as the transfer of the rights and interests of the SITE and the APPLICATION to the CUSTOMER.
5.2 CUSTOMER does not have the right to copy, modify, duplicate, reverse engineer, reverse compile and otherwise access the SITE or the SOFTWARE to access the source code of the SITE, or to create work from the SITE in any form or by any means. It is strictly forbidden to change the browser and the CONTENTs of the SITE in any way, nor to give links from or to the SITE without explicit permission of NARYAZ.
5.3 The CUSTOMER can not use NARYAZ (or its affiliates’) commercial title, brand, service mark, logos, domain nam etc.
6. Restriction of Liability
6.1 The applications, software and other contents of the site are provided “AS IS” and in this scope, NARYAZhas no responsibility or commitment regarding the application, software and content accuracy, completeness and reliability. NARYAZ does not undertake that the use of the application is uninterrupted and error-free. NARYAZ does not provide a guarantee of the operability and accessibility of systems that provide access to the APPLICATION, while aiming at 24/7 availability and usability of the APPLICATION. CUSTOMER acknowledges that access to the APPLICATION may be prevented or interrupted at various times. NARYAZ is in no way responsible for any such blockage or interruption.
6.2 CUSTOMER acknowledges that it is possible to link to other internet sites and / or portals, files or content that are not under the control of NARYAZ via the SITE and that such links do not constitute a representation or warranty of any kind for the purpose of supporting the website or operator operated by such links, acknowledges and agrees that NARYAZ does not assume any responsibility for the content, content, services or products accessed through the said links, internet sites, files and content.
6.3 The user acknowledges that access to the APPLICATION and APPLICATIONS presented on the SITE is largely based on the quality of the service provided by the relevant Internet Service Provider and that NARYAZ does not have any responsibility for problems arising from such service quality.
6.4 CUSTOMER is responsible of the CONTENT that he / she is loaded and the use of the APPLICATION. CUSTOMER AGREES THAT NARYAZ IS NOT RESPONSIBLE OF ANY INTELLECTUAL PROPERTY VIOLATIONS, CONTENT, APPLICATION AND USE OF THE SITE CLAIM AND QUESTIONNAIRE THAT CAN BE COMMUNICATED BY THIRD PERSONS (INCLUDING, WITHOUT LIMITATION, EXEMPTION FROM JURISDICTIONAL COSTS AND ATTORNEYS).
6.5 NARYAZ IS NOT RESPONSIBLE OF THE EXTENT PERMITTED BY APPLICABLE LAW, LOSS OF PROFITS, GOODWILL AND GOODWILL OF SUBSTITUTE GOODS AND SERVICES PROVIDED FOR EXPENDITURE ON SUCH ITEMS INCLUDING BUT THAT OCCURRED in the RESULTS NOT LIMITED TO THE USE OF ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE DAMAGES.
NARYAZ MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
7. Execution and Termination of the Contract
7.1 This CONTRACT shall enter into force upon acceptance by the CUSTOMER in electronic form and shall remain in force unless terminated by either party as follows.
7.2 CUSTOMER may terminate this Agreement at any time with a written notice to NARYAZ‘s e-mail address 3 (three) months in advance, without any justification. In this case, the remainder of the price paid for the duration of the CONTRACT shall not be returned to the CUSTOMER.
7.3 If the CUSTOMER violates the terms of the CONTRACT, NARYAZ has the right to suspend the CUSTOMER status until the conflict is resolved. In case the CUSTOMER violates the applicable legislation, NARYAZ may terminate the CONTRACT immediately.
7.4 The CUSTOMER, is responsible for all fees and expenses incurred up to the termination of the AGREEMENT and will not be able to use the SITE and the APPLICATION after the date of termination. In case of pre-payment membership, CUSTOMER is not allowed to get money refund.
7.5 NARYAZ has the right to retain the CONTENT in its databases for as long as the present CONTRACT is in force. Within the membership period, the CUSTOMER will be able to receive the CONTENT by himself / herself. NARYAZ will be entitled to charge a fee for such requests which are received after the termination of the CONTRACT. Relevant fees will be determined according to the scope of the APPLICATION.
8. Miscellaneous Provisions
8.1 Any invalidity, breach of law or non-compliance with any provision of this CONTRACT or any of the terms contained in this CONTRACT shall not affect the validity of the remaining provisions of the CONTRACT.
8.2 The annexes are the integral parts of the contract. In case of any contradiction between the contract and the annexes, the provisions of the annexes shall apply.
8.3 Contacting the CUSTOMER will be done by means of the e-mail that they notify when registering or through general information on the SITE. E-mail communication keeps the place of written communication. It is the responsibility of the CUSTOMER to keep the e-mail address up-to-date and to check regularly to inform the SITE.
8.4 Istanbul Anatolian Courts and Execution Offices shall be authorized in disputes arising from this Contract and its annexes.
