USER AGREEMENT

  1. PARTIES TO THE CONTRACT

1.1. This User Agreement (“Agreement”); Eyüp Sultan Mah. Dercan St. TUNÇMATİK ŞARJ TEKNOLOJİLERİ A.Ş. located at No:3, 34885, Sancaktepe, Istanbul. (“TUNÇMATİK”) and the 3rd party who will benefit from the listed charging stations by creating a membership on TUNÇMATİK’s website with the web address tuncmatikcharge.com (“Website”) and make their payments through this application. It was established electronically between persons (“User”) within the framework of the terms and conditions specified below.

1.2.TUNÇMATİK and the User will be referred to individually (“Party”) and together (“Parties”).

  1. THE SUBJECT OF THE CONTRACT

2.1. The subject of this Agreement is to determine the services offered to Users on the Tunçmatik Website and Tunçmatik mobile application, the conditions for benefiting from these services, and the rights and obligations of the parties. By accepting the provisions of this Agreement, the User also accepts all statements made by TUNÇMATİK regarding the use, membership and all services on the Website. The User accepts, declares and undertakes to act in accordance with all matters specified in the aforementioned statements.

  1. MEMBERSHIP AND GENERAL SERVICE FRAMEWORK

3.1. Membership

3.1.1. The process of becoming a member of the Website and Mobile Application is completed by the User creating an account on the Website or Mobile Application by using her mobile phone number and providing the necessary information. You cannot have the rights and powers arising from membership set out in this Agreement until the membership process is completed.

3.1.2. You must be of legal age to become a member of TUNÇMATİK. Even if membership applications made through minors are completed, they will not result in the use of the rights arising from membership.

3.1.3. TUNÇMATİK may terminate this Agreement unilaterally, terminate the User’s membership or temporarily suspend the membership at any time, without giving any reason and without any obligation to pay compensation, provided that it gives 15 (fifteen) days’ written notice.

3.1.4 The User may terminate this Agreement unilaterally at any time and without giving any reason, provided that 15 (fifteen) days’ written notice is given.

3.2. General Service framework

3.2.1. The scope of services provided within the framework of this Agreement; Enabling Users to benefit from the electric vehicle charging stations listed by TUNÇMATİK on the Website and Mobile Application, providing recommendations to Customers to improve the driving experience with the data obtained or available through the Website, and ensuring the payment relationship between the Users safely within the scope determined by this Agreement. service is provided.

  1. PRICING AND PAYMENT SYSTEM

4.1. TUNÇMATİK has stated the tariff fees for charging stations for Users on its website and mobile application.

4.2. The user will define up-to-date credit card information to the TUNÇMATİK mobile application before initiating electric charging for his or her vehicle via electric vehicle charging stations using the mobile application. TUNÇMATİK will collect the recharge fee from the member who initiates the recharge process with the card information defined and verified in the system, via the credit card defined in accordance with the tariff and usage details published on the TUNÇMATİK website and mobile application regarding the completion of the recharge process.

4.3. If the User does not remove her vehicle from the charging station after the vehicle charging process is completed, the OCCUPATION Fee specified to the User on the mobile application and website will be charged from the User’s credit card.

4.4. TUNÇMATİK may collect additional fees for any innovations and services it will make regarding the service during the term of this contract, provided that it is notified in advance.

  1. RIGHTS AND OBLIGATIONS OF THE USER

5.1. The User accepts, declares and agrees that the personal and other information he/she provided while becoming a member of TUNÇMATİK’s Website is truthful, and that TUNÇMATİK will compensate all damages incurred due to the untruth of this information, immediately, in cash and in lump sum, upon the first notification of TUNÇMATİK. commits.

5.2. The User accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the Website of TUNÇMATİK. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the User.

5.3. Except for the written permission of TUNÇMATİK, the User is prohibited from linking to another website, the content of a website or any data on the network, or sharing contact information in any transaction made through the Website.

5.4. The User must check that the electric vehicle charging station on the Website is ready for use before each use, that there is no technical malfunction, that it is compatible with the electric vehicle to be charged, and that it does not have other visible defects. Otherwise, the User accepts that he/she is solely responsible for any direct or indirect damage that may arise and TUNÇMATİK has no liability.

5.5. The User will be solely responsible for any unlawful comments, announcements, statements and shares, including but not limited to any swearing, insults, obscenities, and any damages that may arise as a result of these, used in areas accessible to other Users or in private messaging.

5.6. The User cannot transfer this Agreement or its rights and obligations under this Agreement, partially or completely, to any third party without the written consent of TUNÇMATİK.

  1. RIGHTS AND OBLIGATIONS OF TUNÇMATİK

6.1. TUNÇMATİK will define current credit card information to the TUNÇMATİK mobile application before the User initiates electric charging for his or her vehicle through electric vehicle charging stations using the mobile application. The User cannot transfer this Agreement or its rights and obligations under this Agreement, partially or completely, to any third party without the written consent of TUNÇMATİK.

6.2. TUNÇMATİK undertakes that the electric vehicle charging stations on the Website are operated in accordance with the legislation and that their technical specifications are as shown on the Website.

6.3. TUNÇMATİK is not responsible for any direct or consequential damages that may arise due to malfunction, malfunction or any other defect of the electric vehicle charging stations listed on the Website.

6.4. TUNÇMATİK is not responsible for any direct or consequential damages that may arise due to malfunction, malfunction or any other defect of the electric vehicle charging stations listed on the Website.

  1. FORCE MAJEURE

7.1. Uprising, embargo, state intervention, rebellion, occupation, war, mobilization, strike, lockout, labor actions or boycotts, including employee-employer disputes, cyber attack, communication problems, infrastructure and internet failures, system-related improvement or renewal works and these malfunctions that may occur due to any reason, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events that occur beyond TUNÇMATİK’s control, are not caused by its fault and cannot be reasonably foreseen (If “Force Majeure”) prevents or delays TUNÇMATİK from fulfilling its obligations arising from this Agreement, TUNÇMATİK cannot be held responsible for its obligations whose performance is prevented or delayed as a result of Force Majeure, and this cannot be considered a violation of this Agreement.

  1. PROTECTION OF PERSONAL DATA

8.1. Name, surname, e-mail address, TR ID of the User, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698. ID number, demographic data, financial data, etc. informations; taking orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, being used in marketing activities about orders, products and services, updating the User’s information and managing and maintaining memberships, and the user agreement established between the User and TUNÇMATİK. and for the performance of other contracts and 3. In order to ensure that the technical, logistical and other similar functions of individuals are carried out on behalf of TUNÇMATİK, it can be recorded indefinitely/periodically, preserved in written/magnetic archives, used, updated, shared, transferred and in other ways by TUNÇMATİK, its subsidiaries and third parties and/or organizations. information can be processed.

  1. CONTRACT CHANGES

9.1. TUNÇMATİK may, at its sole discretion and unilaterally, change this Agreement at any time it deems appropriate by announcing it on the Website. The changed provisions of this Agreement will become valid on the date they are announced, and the remaining provisions will remain in force and continue to produce their provisions and consequences.

  1. INTEGRITY OF THE CONTRACT

10.1. This Agreement constitutes the entire agreement between the Parties regarding the subject. If any provision of this Agreement is held to be invalid, unenforceable or unreasonable in whole or in part by any court, arbitral tribunal or administrative authority of competent jurisdiction, to the extent of such invalidity, unenforceability or unreasonableness, this Agreement will be deemed severable and the other provisions will be deemed severable. will remain in full force.

  1. TRANSFER

11.1. TUNÇMATİK may, at any time, transfer and assign its rights, obligations, receivables and responsibilities arising from this Agreement, in whole or in part, to third parties. The User will not be able to transfer or assign her rights, obligations, receivables and responsibilities arising from this Agreement, in whole or in part, without obtaining the written consent of TUNÇMATİK.

  1. NOTIFICATION

12.1. The Parties accept, declare and undertake that the addresses on the Website and specified in the membership information are their legal notification addresses and that notifications to be made to these addresses will be valid.

  1. DISPUTE RESOLUTION

13.1. TUNÇMATİK’s records (including records on magnetic media such as computer-voice recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. Istanbul Courts and Enforcement Offices will have jurisdiction in disputes arising from the implementation and interpretation of the Agreement.

  1. ENFORCEMENT

14.1. This Agreement, consisting of 14 (fourteen) articles, has entered into force as of the moment it is approved by the User by reading and fully understanding each provision and approving it electronically.

User Agreement