USER AND MEMBERSHIP AGREEMENT
PARTIES:
SERVICE PROVIDER: Navlungo Lojistik ve Teknoloji Anonim Şirketi (“Navlungo”)
Navlungo Lojistik ve Teknoloji Anonim Şirketi ("Our Company"), with which you will enter into an agreement for membership via the website www.navlungo.com ("Site"), provides a platform ("Platform") with a technological infrastructure by bringing together persons and/or companies ("User") who wish to have their cargo transported and the logistics companies ("Carrier") that will provide the transport service on the Site.
Our contact details are as follows;
Address : 15 Temmuz Mahallesi, Gülbahar Caddesi, 1500. Sokak No:16 Güneşli-Bağcılar/İstanbul
Mersis No: 0630095462700001
Tax Office/No: Güneşli Tax Office/6300954627
Tel: +90 850 532 79 49
E-mail: [email protected] Electronic Notification address: [*]
Our company is a member of the Istanbul Chamber of Commerce, and the commercial code of conduct can be accessed at www.ito.org.tr.
USER (Name Surname/Title):
Mersis No/T.C. Identity No :
Tax Office/No :
Address :
E-mail :
Phone :
Authorized Person of Legal Entity Details :
T.C. Identity No :
Article 1 - Introduction
This User and Membership Agreement, its annexes ("Agreement") and other rules and agreements located on www.navlungo.com or other URLs to which this site will provide links (¨Site¨), govern the services provided by Navlungo and the terms and conditions of Site use. All policies and rules on the Site constitute an annex to this agreement as an integral part of this agreement.
By using our services and accessing the site, you accept the terms and conditions of this agreement.
Article 2 – Becoming a Member
To establish the User and Membership Agreement, it is sufficient to enter the requested Member(ship) Information and the password you will determine, and click the [Sign Up/Register/Login] etc. button by giving the specified approvals and/or permissions. We especially request that you enter your Name/Title, e-mail address/mobile phone number, and other mandatory information correctly, completely, and without errors; if you notice an error, please correct it. You can correct any deficiencies/errors you notice after the completion of the membership process in the Settings/My Profile Information section, which you can access from the Member Login section, or you can contact our Customer Services at +90 850 532 79 49.
A text such as an "exclusive" Agreement text (where details have been entered as a party) to the Member may not be separately stored in our Company systems.
You can terminate your membership at any time with a verbal or written notification to our Company through the communication channels specified above, without showing any reason and without paying any penalty. In the same way, our Company may terminate/suspend memberships for various reasons. In the event that you benefit from our services, if the service you receive requires the use of the Site, the right to terminate your membership may be limited or the service may be suspended/terminated if you terminate your membership.
If you are registering to the site as a legal entity, you represent and warrant that you are authorized to represent and bind the relevant legal entity and that you are jointly and severally liable with the legal entity. Otherwise, you agree to be personally responsible for the arising debts and obligations.
By digitally approving the “Distance Sales/Service Agreement” on the Site and making the payment, the User will have the opportunity to purchase/benefit from the products/services offered for sale on this site in a virtual environment.
Article 3- Scope
The services provided by Navlungo are briefly as follows; Navlungo provides a virtual platform that allows its Users, who wish to transport cargo, to create a service request for what they want to transport over the Platform and, in line with this service request, to list transport rate offers submitted by Carriers registered on the Platform without providing company details, thus giving the User the opportunity to select the most suitable offer.
Article 4- Terms of Use
Your entry to this website or your use of any information on this website means that you accept the following terms.
The User has the right to establish a single User account, and following the suspension or termination of the User account by Navlungo, it is prohibited for the User to establish a second account using the same or other details. Navlungo reserves the right to reject the opening of a User account at its sole discretion, without showing any reason.
Access to the Site services and part of the Site use by the User will be carried out using an e-mail address and password. The User will be responsible for maintaining the confidentiality and security of this password, and any activity carried out through the use of said information on the Site will be deemed to be carried out by the User, and any legal and criminal liability arising from these activities will belong to the User. The User shall immediately notify Navlungo if they become aware of any unauthorized use of their password or any other breach of security.
Navlungo is not liable for any direct or indirect damages that may arise due to breach of agreement, tort, or other reasons resulting from accessing this website, using the site or information and other data, programs, etc. on the site. Navlungo does not accept any responsibility for interruption of transaction, error, omission, or interruption as a result of breach of agreement, tort, negligence, or other reasons.
In the event that communication tools (such as forums, chat tools, or message centers) are provided to the User via the Site, the User declares and undertakes that they will use these communication tools only for lawful purposes. The User shall not use said communication tools to share materials outside the scope of application, including product and service sales, e-mails sent without the consent of the counterparty, files that may harm the software and computer systems of third parties, content that contains insults regarding other users, or any illegal content. The User undertakes that they have the authority to do so in terms of any communication they perform on the Site. The Company has no obligation to control the appropriateness of the communications carried out through the Site or whether they are suitable for their intended use. Navlungo has the right to remove the communication tools provided on the Site at any time at its sole discretion.
Navlungo reserves the right to change any service, product, site terms of use and information presented on this Site and Site extension without prior notice, to reorganize the Site, and to stop publication. Changes come into force at the time of publication on the Site. These changes are deemed accepted with the use of the Site or entry into the Site. These conditions also apply to other linked web pages.
Navlungo does not accept any responsibility for interruption of transaction, error, omission, interruption, deletion, loss, delay of transaction or communication, computer virus, communication line failure, theft, destruction, or unauthorized access, modification, or use of records as a result of breach of contract, tort, negligence, or other reasons.
This website may contain links or references to other websites that are not under the control of Navlungo. Navlungo is not responsible for the content of these sites or other links they contain.
When you enter the Site or use Navlungo services, performing the actions specified below will be considered an explicit violation of the agreement and will give Navlungo the right to terminate the user agreement for just cause and without compensation, cancel membership, and block your access:
1. Violation of legislation, violation of third parties' rights and/or this agreement or its annexes,
2. Infringement of intellectual and/or industrial property rights such as copyright and trademark belonging to third parties,
3. Lack of legal capacity to perform transactions (such as being under 18 years of age or not being authorized to represent and bind the legal entity) or using the site despite being banned from membership,
4. Non-fulfillment of obligations in the “Distance Sales/Service Agreement”,
5. Providing deceptive, misleading, incomplete, or false information,
6. Transfer of the user account or name or allowing someone else to use it without the written consent of Navlungo, or reliable determination that the account has been hijacked by 3rd parties,
7. Distribution or dissemination of viruses or technologies that may harm Navlungo or its Users,
8. Damaging the www.navlungo.com infrastructure and system, including actions aimed at disrupting the user profile evaluation system,
9. Entering the site with robots or automated login methods for any purpose,
10. Resale, sharing, distribution, reproduction, creation of derivative works from, or processing of any intellectual and/or industrial property part of the Site (including but not limited to design, text, image, HTML code, and other codes).
Article 5- Campaigns
Campaigns notified by Navlungo through the platform or via any communication tools such as, but not limited to, e-mail and SMS, are limited to the period specified in the notification, and Navlungo has the authority to withdraw the Campaign or change its conditions before the campaign transaction is carried out in any case. Price discounts can be withdrawn in the same way. Campaign or price discounts cannot be benefited from on consecutive days, and in the case of separate requests being made for each day, requests after the first day are cancelled. Unless otherwise specified in the campaign, different campaigns cannot be combined. In addition, Navlungo has the right, at its sole discretion, to deny use if it detects that campaigns are being abused.
Article 6- Intellectual Property
All content created by Navlungo on the Site, including but not limited to the design, image, and HTML code of the Site, as well as the Navlungo trademark and logo, belong to Navlungo. Users cannot use, share, distribute, display, reproduce, or perform derivative works from the works subject to Navlungo's intellectual property rights.
Article 7- Termination
This Agreement shall enter into force as soon as it is approved in the electronic environment. Either party may terminate this agreement and its annexes unilaterally at any time. In the event that the User account is inactive for 3 months, the agreement may be terminated by Navlungo. In the event of such termination, the parties shall mutually perform the rights and obligations that have accrued up to the date of termination. In the event that you benefit from our services, if the service you receive requires the use of the Site, the right to terminate your membership may be limited, or the service may be suspended/terminated if you terminate your membership.
Navlungo may immediately terminate the agreement and your membership unilaterally if you violate this agreement and its annexes. In this case, you accept that you are liable for all direct, indirect, negative, or positive damages and losses suffered/to be suffered by Navlungo.
Article 8 - General
1. Neither party shall be liable to the other for non-performance or delay in performance of any obligation undertaken within the scope of this agreement due to force majeure events. Force majeure is any unforeseen and unavoidable event beyond the reasonable control of the parties. Including but not limited to, pandemic/epidemic, public uprising, war, government restrictions and administrative decisions, embargo, action of the government or any agency, internet speed and interruptions, natural disasters, storm, fires, accident, sabotage, explosion, terrorist attack, shortage of materials or supplies, strike, and lockout shall be deemed force majeure.
2. Users are responsible for all kinds of taxes, duties, charges, and similar obligations arising from the sale of products and/or services bought or sold using Navlungo services or transactions related to the sale, for which they are legally responsible. If a tax is assessed against Navlungo by the tax administration due to tax obligations that the other party is required to fulfill as a result of transactions under the agreement, and if a tax loss penalty or other penalties and accessory claims are demanded due to this tax, Navlungo may recourse to the Users for all such payments it has incurred, and by signing this agreement, Users agree and undertake to refund the said taxes, penalties, and accessory claims without exercising any right of objection or lawsuit against Navlungo.
3. Except for transfers that Navlungo will make to its shareholders, affiliates, or subsidiaries, or their shareholders, the parties shall not transfer their rights and obligations arising from this agreement to any third party.
4. Except for notifications where the Turkish Commercial Code requires a specific form, all notifications to be made to you will be made via electronic announcements, or in writing to your e-mail address, your specified GSM number, or your physical address entered into the system. Unless you notify any change of e-mail, phone number, or address in writing or update it on the site, notifications made to your current e-mail address, GSM number, or physical address will be deemed valid. Users are obliged to provide and keep up-to-date their current electronic mail addresses, mobile phones, preferred search addresses, postal addresses, and other account details. Otherwise, Navlungo will not be held responsible for any matter that is not delivered to the User. Telephone conversations, e-mail correspondences, and social media communications with Navlungo may be recorded or monitored. By signing this agreement, the User is deemed to have approved and consented to this matter from the very beginning.
5. Navlungo may change this agreement at any time by e-mail or by publishing the updated articles at www.navlungo.com.
6. Policies and rules on our site may be changed from time to time. Unless legally provided otherwise, changes become effective from the date they are published on www.navlungo.com or notified by e-mail.
7. Laws of the Republic of Turkey shall apply in the resolution of legal disputes arising from the implementation and interpretation of this agreement. Istanbul Anatolian Courts and Execution Offices shall be authorized to resolve any disputes that may arise between the parties due to the interpretation or implementation of the provisions of this agreement.
8. The parties accept that the books and records, computer records, log records, confirmed fax messages, telephone call recordings, and e-mails of the parties shall constitute valid, binding, and conclusive evidence in disputes that may arise from this agreement.
9. If any provision of this agreement is determined to be completely or partially invalid or unenforceable by a court or other competent authority, the validity of the other provisions of this agreement and the remainder of the provision in question shall not be affected.
10. Nothing in this agreement shall be interpreted as any relationship of representation, agency, partnership, or other joint venture relationship between the parties.
Users accept that the rules and policies published on the site are an annex and an integral part of this agreement.
You can consult our Company to get additional information on all these issues.
Our members can submit their requests and complaints to our Company by reaching out through the communication channels above.
We are pleased to address the justified requests-complaints and all kinds of applications of our members. If not possible, in the event that you are a consumer, you can apply to the Provincial and District Arbitration Committees and Consumer Courts in your place of residence within legal monetary limits; otherwise, to the authorized and competent court and execution offices.
A copy of this agreement consisting of 8 (eight) articles will be kept by Navlungo in electronic environment.