MEMBERSHIP AGREEMENT
1- PARTIES
This agreement is the owner of all rights of the website operating at www.musacars.com, headquartered in “Başakşehir mah. ılgaz sk. Arterium-1 residence no 7-9d Başakşehir/istanbul" between MUSA DIŞ TİCARET VE İNŞ LTD ŞTİ and the Member who became a member of the site (hereinafter referred to as "Member"), the membership made by the member with his/her own will through the website www.musacars.com domain. was made during the registration phase. By becoming a member of the site, the Member accepts, declares and undertakes that he/she has read and understood the entirety of this Agreement and approves all its provisions.
2-DEFINITIONS
Specified in this Agreement;
Musa Cars: MUSA DIŞ TİCARET VE İNŞ LTD ŞTİ
Member: Real or legal person who is a member of the website,
Site: The website broadcasting through the domain name www.musacars.com,
Vehicle: Vehicle of any brand and model owned by Musa Cars and subject to rental,
Agreement: This refers to the "Website Membership Agreement".
3- SUBJECT OF THE CONTRACT
The subject of this Agreement is the determination of the procedures and principles regarding the rental of vehicles online on the site by Musa Cars and the mutual rights and obligations of Musa Cars and the Member. This agreement governs the vehicle(s) to be built on the site and to be rented by the member.
4- RIGHTS AND OBLIGATIONS OF Musa Cars
4.1. Although Musa Cars takes all reasonable security measures required by law to prevent the loss, misuse and modification of personal identity, address and contact information under its control and control, it does not guarantee the security of this information. The information and data transferred by the Member to the site will not be interpreted as confidential information.
4.2. For security reasons, Musa Cars will be able to monitor and record all kinds of activities of the Member on the site and, when deemed necessary, may take any kind of action such as removing the member from the site, freezing the membership, canceling the membership and so on.
4.3. Musa Cars may change the form and content of the site partially or completely, as well as change the domain name on which the site is published, use different sub-domain names, redirect the domain name and/or close the domain name without prior notice to the Member.
4.4. Membership to the website is not a prerequisite for the provision of car rental service by Musa Cars, and since car rental service can be received without becoming a member, all benefits offered to the Member within the scope of Membership are considered "Additional benefits".
4.5. Musa Cars may change the scope and types of services it offers on the site, as well as partially or completely freeze, terminate or completely cancel the services offered on the site, at any time and without giving any reason, without prior notice to the Member.
4.6. Musa Cars may make changes and/or updates to the service, rental conditions and operation at any time in order to carry out the works and transactions specified in the Agreement more effectively. Members accept and declare that they accept these changes and that they will act in accordance with these changes.
4.7. This Agreement does not contain any commitments regarding the number of vehicles that Musa Cars will rent, brand, model and model year, or other matters. The member cannot claim rights or receivables under any name from Musa Cars for these and other reasons.
4.8. Musa Cars has the right not to initiate, stop, terminate and/or cancel the rental activities unilaterally. The member accepts, declares and undertakes that there is no right of objection in this regard.
5- MEMBER'S RIGHTS AND OBLIGATIONS
5.1. Membership is completed by completing the membership procedure specified on the site by the person who wants to become a member and completing the registration process. By becoming a member, the member accepts the provisions of this Agreement and any statements made or to be announced later by Musa Cars regarding membership and services.
5.2. The member declares that the identity, driver's license, address and contact information he/she specified during the membership process is complete and correct, that he/she will immediately forward this information to Musa Cars in case of any change in his/her information, and that he/she will be solely responsible for any legal disputes and damages that may arise due to incomplete, out-of-date or incorrect information. He accepts and declares that he will be responsible. For this reason, no liability and/or fault that may arise can be attributed to Musa Cars.
5.3. While the member benefits from the services specified on the site, T.R. He will act in accordance with the laws and general moral rules, and will not tolerate insults, threats, slander, harassment, etc. will not engage in any actions, will not engage in political or ideological propaganda, will not engage in behavior that disturbs other Members, will stay away from any behavior that may tarnish individuals or institutions, and will avoid any action that may cause disruption or interruption of the services provided on the site; otherwise, it will be personally responsible for any damage that may occur. accepts and undertakes that it will happen.
5.4. The Member accepts and undertakes that it will not violate the intellectual and industrial rights of third parties, will respect the copyrights of third parties, will not engage in unfair competition and will respect the trade secrets and private lives of third parties.
5.5. While using the site, the member agrees to use a password that cannot be easily guessed by others, such as username, password, etc. He accepts and declares that he will not share his information with others and that he will be solely responsible for the security of this information since it is not kept in the site database, and Musa Cars will not be responsible in any way.
5.6. The member accepts and declares that he will only use his own membership account, that he will not use the account information of other members and that he will not allow others to use his membership account. Otherwise, if Musa Cars detects such a situation, his membership may be canceled and he will compensate for any damages that may have occurred.
5.7.The member accepts and undertakes that he/she will not send any harmful programs, software, codes or similar materials to the site and will avoid any actions that may endanger the security of the site and its members.
5.8.The member cannot transfer the membership account to third parties.
5.9.The member cannot restrict or prevent others from using the site and cannot interfere with the operation of the site or the servers or networks used to make the site available.
5.10. Musa Cars is not responsible for any direct or indirect damages that may occur regarding the member's access and use of the site, including but not limited to virus attacks affecting the member's computer hardware and/or losses and damages arising from the information obtained from the site.
5.11.The member agrees that he/she will not use any device, software or tool to interfere or attempt to interfere with the operation of the site, will not connect to the site or take any action without authorization, and will not access or use the software and data of other internet users without permission.
6- INTELLECTUAL PROPERTY RIGHTS
6.1. The presentation and all content of the site are copyrighted by T.R. It is protected by legislation and intellectual property legislation, and all information and data published on this site, especially all trademarks, logos and service marks, belong to Musa Cars or its licensors. The Member cannot distribute, transmit, modify, copy, display, reproduce, publish, process or otherwise use the content of the site, directly or indirectly, verbatim or in any other way, or allow anyone else to access or use the services of the site, without the written consent of Musa Cars. can't give Otherwise, the Member will be responsible for paying to Musa Cars any compensation amount requested from Musa Cars due to any damages suffered/to be suffered by Musa Cars and any damages suffered by third parties, including but not limited to licensors.
6.2. All assets, real and personal, of Musa Cars, including Site services, Site information, copyrighted works of the Site, trademarks of the Site, commercial appearance of the Site or any material and intellectual property rights related to the Site. All rights to commercial information and know-how are reserved.
6.3. All rights of all texts, graphics, visuals and all pictures on the site are reserved and cannot be used without permission.
6.4. Any unauthorized disclosure and use, including but not limited to the unauthorized use of all financial rights regarding the site content, design and software (processing, reproduction, dissemination, representation and public presentation), will constitute a violation of intellectual and industrial property rights.
6.5.Members accept and undertake that they will comply with the Turkish Code of Obligations, Turkish Penal Code, Law on Intellectual and Artistic Works, Turkish Commercial Code, Decree Law on Trademarks and any existing and/or future legislation when using the Site. Any legal, administrative, criminal and financial liability that may arise due to contrary use belongs to the Member and Musa Cars's right of recourse is reserved.
7- RESPONSIBILITY
The Member accepts that there may be deficiencies in the information and services offered/published on the Site, communication problems, technical problems, infrastructure and internet malfunctions, power outages and/or other problems, but not limited to the ones listed, and in the event of such problems/malfunctions, Musa Cars will notify the Member without any notice. is authorized to stop or terminate or cancel car rental activities on the site without the need for notification and without giving any reason. For these reasons, the member cannot claim rights or payments under any name from Musa Cars.
Musa Cars does not guarantee that the service will be error-free or provided continuously or that the service is free of viruses and other harmful elements. Musa Cars cannot be held responsible for any direct and/or indirect damages arising from the member's use of any product or service. The member accepts and declares that he/she is personally responsible for any damage or loss that may occur as a result of using the service or the site.
Musa Cars cannot be held responsible for any direct and/or indirect damages arising from the Member's use of any product or service on the site. The member accepts and declares that he/she is personally responsible for any damage or loss that may occur as a result of using the service or the site.
8- FORCE MAJEURE
Unavoidable situations that are beyond the reasonable control of the relevant party and that cannot be prevented despite due diligence, including but not limited to natural disasters, riots, wars, strikes, communication problems, technical problems, infrastructure and internet failures, power outages and bad weather conditions. In cases of "Force Majeure"; Musa Cars has the right to perform any of its obligations specified in this agreement late, incompletely or not at all. Because, during this Force Majeure, Musa Cars' obligations are suspended. In these and similar cases, Musa Cars will not be deemed to be in arrears, incomplete performance, non-performance or default. For these situations, no compensation under any name can be claimed from Musa Cars. If the force majeure situation continues for more than 7 (seven) days, Musa Cars is authorized to terminate this agreement unilaterally and without compensation, without the need for any notification.
9- MEMBERSHIP CANCELLATION AND TERMINATION OF THE AGREEMENT
9.1. In case the Member acts partially or completely against any or all of its obligations arising from this agreement, Musa Cars may unilaterally terminate this agreement and cancel the Member's membership, without the need for any notification and without giving any reason, and may also partially or completely freeze or cancel the services it will receive. For this reason, in case of termination, the Member cannot make any rights or demands from Musa Cars. The member cannot object to this issue.
9.2. Musa Cars is authorized to terminate this agreement unilaterally, without giving any reason and without the need for any notification, to cancel the Member's membership and to partially or completely freeze or completely cancel the services that the Member has received, is currently receiving or will receive from the site. In this case, the Member may claim that there has been an unjust, unjustified, unreasonable, unintentional and untimely termination, a violation of good faith, or any other reason or excuse, and that Musa Cars will not be entitled to any right, receivable, loss of profit, compensation for damage or damage, or under any other name or title. cannot request any payment.
10- DURATION OF THE CONTRACT
This Agreement comes into force from the moment it is approved on the Site and terminates automatically, without the need for further notice, when Musa Cars cancels the Member's membership and/or terminates the services offered on the Site.
11- PRIVACY AND PROTECTION OF PERSONAL DATA
11.1 The Member will keep confidential any information, whether commercial, financial, legal or technical, whether or not subject to trade secret or other legal protection, obtained directly or indirectly regarding Musa Cars during the performance of this Agreement, and shall keep Musa Cars' will not disclose it to any person without permission. Otherwise, the Member is responsible for the damages suffered by Musa Cars. In addition, Musa Cars may collect the Member's identity, address, contact, IP and site usage information in a database for all legal purposes, including but not limited to purposes such as conducting user profile and market research, creating reservations and site usage statistics, and can use the information without any restrictions. Musa Cars is authorized to share information regarding the Member with the insurance company, bank and third parties/institutions it deems necessary regarding the services offered on the site. In addition, Musa Cars may share this information with third parties/institutions in order to comply with the obligations imposed by law or upon request for an investigation or investigation carried out by the competent judicial or administrative authority, or to protect the rights and security of users. This confidentiality provision is valid indefinitely, even after the contract period ends.
11.2 Member's personal data will be collected by automatic or non-automatic means, in accordance with the performance of the contractual relationship or for other reasons stipulated by law, within the framework of the operation and development of the services. The personal data in question is provided by Musa Cars to provide services such as reservation and vehicle sales, to increase company recognition with gifts and messages to be sent with announcements/celebration and other contents, and to provide general or personalized advertisements, announcements and campaign information for the promotion and marketing of services, to provide better service. It will be processed for other purposes such as providing better service to customers by managing customer satisfaction or complaints and conducting customer surveys and providing feedback within the framework of the loyalty program; The member has expressly consented to these matters. Execution of the contract, data security, companies within the group of companies to which Musa Cars is affiliated, especially Ford Otosan and Tofaş, and the databases used jointly with them, institutions and organizations from which the approval of their applications will be received, official institutions, authorized representatives, insurance companies, information technology service providers. will be transferred to companies providing call center services, companies used as intermediaries for transportation and cargo delivery, and all third parties whose services are used or cooperated, for the purpose of fulfilling the contract and providing services; The member has expressly consented to these matters.
11.3 Within the framework of Personal Data Protection legislation, personal data; learning whether it has been processed or not, and if so, requesting information about it; To learn the purpose of processing and whether it is used by us in accordance with these purposes, to learn about the third parties to whom it is transferred domestically or abroad; Request correction in case of incomplete or incorrect processing; Request deletion or destruction or anonymization if the reasons requiring processing no longer exist; In such cases or in case of correction, request that these be notified to third parties to whom data is transferred; Object to this situation if it is thought that a result against the Member has arisen by analyzing the processed data exclusively through automatic systems; In case of any damage suffered due to illegal processing, to request compensation for this damage; They have rights.
11.4 The Member has approved the sending of commercial electronic messages to the contact addresses currently under Musa Cars or to be provided in the future within the scope of the Law on the Regulation of Electronic Commerce. Commercial messages containing data, audio and video for all kinds of commercial purposes, including but not limited to commercial electronic messages for changes, use and maintenance of the goods or services provided, telephone, call centers, fax, automatic dialing machines, smart voice recorder systems It can be sent electronically using means such as e-mail, short message service.
12- NOTIFICATION
The parties accept and undertake that the addresses specified during the membership process are their legal notification addresses, and that notifications to these addresses will have all the legal consequences of legally valid notification unless the address change is notified to the other party in writing.
The member is responsible for any changes to the contract and services, cancellation of membership, termination of this agreement, termination, etc. He/she has consented to all kinds of notifications being sent to the e-mail address specified during the membership process, and accepts and undertakes that the notification has been notified from the moment it was sent by Musa Cars and will have legal consequences, regardless of whether the e-mail notifications are received or not. Musa Cars is not responsible for the late or non-delivery of the notification to the member and its consequences. E-mail and fax cannot be used in the Member's correspondence with Musa Cars.
13- CHANGES IN CONTRACT PROVISIONS
Musa Cars has the right to make unilateral changes to the provisions of this agreement without the need to notify the Member and without giving any reason. The Member is deemed to have accepted the changes in question from the moment they are published on the Site. The member hereby irrevocably accepts this matter.
14- AUTHORITY AND EVIDENCE AGREEMENT
14.1.Turkish Law will be applied and Istanbul Anatolian Courts and Enforcement Offices will be authorized to resolve the problems arising from the implementation of this agreement.
14.2.The Member acknowledges that, in case of disputes that may arise, all kinds of documents, records, books and all kinds of information, writings and records of Musa Cars on computers and the internet will constitute the sole, exclusive and definitive evidence and will be binding, within the scope of HMK.193 of this article. accepts that there is an evidence contract.
15- OTHER PROVISIONS
15.1. If any provision of this Agreement is deemed invalid or unenforceable for any reason, the other provisions of the agreement will remain in force.
15.2. Musa Cars' failure to exercise or delay in exercising any right or power it has under the Agreement does not mean that it has waived that right or power, nor does the single or partial exercise of a right or power preclude the subsequent exercise of that or another right or power. No waiver of any term, clause or provision of this Agreement shall be deemed or construed as a subsequent or continuing waiver of such term, clause or provision.
15.3.From the moment this agreement is approved on the Site, it replaces the agreement previously approved on the Site, if any. In case of dispute, the provisions of this agreement shall apply, regardless of the period in which the agreement is in force. The Member declares that he/she has no rights or receivables from Musa Cars due to the contract and commercial operation previously approved on the Site, if any, and that he/she irrevocably discharges Musa Cars in the broadest sense in all matters, and that Musa Cars is responsible for the contract and commercial relationship in question. It accepts, declares and undertakes that all responsibilities that have arisen and/or will arise against .
15.4.The member declares that they have read, understood and accepted all the applications and rules on the site. The member declares that he accepts the arrangements that may be contrary to his interests in the entire contract, knowing and understanding the consequences.
15.5.The Member cannot transfer or assign its rights, receivables and obligations arising from this agreement to third parties without obtaining the written permission of Musa Cars.
15.6 To the extent permitted by law, Musa Cars will not be liable for indirect, consequential or punitive damages (including but not limited to lost profits). Musa Cars' liability for damages arising from the breach of any obligation or warranty, including its obligation to compensate the Member, and its obligation to compensate third parties is limited to the amount of the total fee to be paid to Musa Cars in connection with this Agreement. In any case, Musa Cars will not be responsible for any indirect damages suffered by the Member.
16. ENFORCEMENT AND ACCEPTANCE
16.1. This Agreement comes into force on the date it is announced by Musa Cars within Musa Cars. Members accept the provisions of this agreement by using Musa Cars. Musa Cars may change the provisions of this agreement at any time, and the changes will come into force directly on the date of publication on Musa Cars, without any notification and/or acceptance, by specifying the version number and change date.
16.2. The Member acknowledges that, in case of disputes that may arise from this Agreement, the electronic and system records, commercial records, book records, microfilm, microfiche and computer records kept in the databases and servers of "MUSA DIŞ TİCARET VE İNŞ LTD ŞTİ" will constitute valid, binding, definitive and exclusive evidence. TİCARET VE İNŞ LTD ŞTİ accepts, declares and undertakes that he/she has taken the oath since the offer of oath and that this article is in the nature of an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.