WEB MEMBERSHIP AGREEMENT
GENERAL TERMS AND CONDITIONS
1-PARTIES
This agreement is entered into by and between Beecar Araç Kiralama ve Tic.
Ltd. Şti., operating at www.beecarrental.com, and the Member registering to the
website, and concluded at the time when the Member has voluntarily processed
his/her registration. By registering as member to the website the Member
declares and agrees that he/she has fully read and understood, and agrees to
the terms and conditions of the agreement.
2-DEFINITIONS
Beecar: Beecar Araç Kiralama ve Ticaret Ltd. Şti.
Member: The natural or legal person registering to the website
Website: The website published at www.beecarrental.com
Vehicle: Any vehicle of any make or model displayed at the Beecar parking
space owned by Beecar for the purposes of renting.
3-SUBJECT OF THE AGREEMENT
This agreement defines the mutual rights and obligations of Beecar and the
Member based on the procedures and principles regarding the online vehicle
rental offers made by Beecar via the website. This agreement is legally binding
with regards to the vehicle/s that are offered on the website and will be
rented by the Member.
4-RIGHTS AND OBLIGATIONS OF BEECAR
4.1. Beecar takes reasonable measures to prevent the loss, misuse, abuse
and modification of the personal ID, address, and contact information which are
under its control and supervision. However, Beecar does not by any means
guarantee the security of such information. The information or data provided by
the Member on the website will not be construed as confidential.
4.2. Beecar may, for security reasons, track and record any activity by the
Member on the website, and if deems necessary may intervene by suspending,
freezing, canceling the membership or other similar actions.
4.3. Beecar may modify the format and content of the website, in part or in
whole, or may change the domain name of the website, use different subdomains,
redirect to another domain or close down the domain without prior notification
to the Member.
4.4. Beecar may periodically send emails and text messages (sms) to the
Member containing information about the rental vehicles, the services offered
via the website or about the promotions and advertisements. The Member herewith
accepts to receive such information.
4.5. Beecar may, at any time and without providing a reason, modify the
scope and variety of its services, and as well, freeze, terminate or cancel the
services offered on the website in part or in whole without prior notification
to the Member.
4.6. Beecar may modify and/or update its services and operations for the
purposes of enhancing the efficiency of the works and processes stated in the
agreement. Members herewith accept and declare that they agree and shall adhere
to such modifications.
4.7. This agreement does not imply any commitments regarding the number of
vehicles, the make, the model, the year or any other specifications of the
rental vehicles offered by Beecar. The Member may not claim any rights or
receivables from Beecar based on such and any other reasons.
5-RIGHTS AND OBLIGATIONS OF MEMBER
5.1.The Membership is completed upon the full execution of the procedure by
the person applying for the membership as defined on the website.
By receiving the membership, the Member accepts the terms of this agreement
and any statements made/to be made by Beecar regarding the membership and the
services.
5.2.The Member confirms and declares that any information he/she has
provided regarding his/her ID, driver's license, address and contact details
are complete and correct, that he/she will immediately inform Beecar of any changes to
such information, and that he/she will be solely liable for any legal
controversies and damages arising from incomplete, outdated or inaccurate information.
Beecar shall bear no liabilities on this account.
5.3.The Member agrees and confirms to adhere to the Turkish laws and
regulations, and public decency, to avoid abusive, intimidating, defamatory and
slanderous, harassing or otherwise unmannerly acts, to refrain from political
and ideological publicity, to avoid any behavior potentially disturbing to the
other Members, to refrain from any defaming acts towards individuals or
institutions, to avoid any act that will interfere with or disrupt he services
provided on the website. The Member further agrees and confirms that he/she
will be liable for any damages and losses that arise from non-compliance with
this clause.
5.4.The Member agrees and confirms to avoid any infringement of third
parties' rights that fall under the scope of the intellectual property law, to
respect the copyrights of third parties, to refrain from unfair competition,
and to respect the trade secrets as well as the private lives of any third
parties.
5.5.The Member confirms and declares that, when using the website, he/she
will define a password which cannot be easily predicted by others, and that
he/she will not share with others his/her information such as user name and
password. As such information is not restored in the website database, the
Member further confirms and declares that he/she will be solely responsible for
the safety of such information and will not hold Beecar responsible under any circumstances.
5.6.The Member confirms and declares that he/she will only use the
membership account defined to his/her name and not the account information
defined for any other members, and that he/she will not allow others to use
his/her membership account. The Member further confirms and declares to accept
that his/her membership may be canceled and that he/she will indemnify any
damages or losses that have arisen or will arise from non-compliance with this
clause.
5.7.The Member agrees and confirms that he/she will not send malicious
software, programs, codes or any other similar material to the website, and
refrain from any acts that may endanger the security of the website and its
members.
5.8.The Member may not transfer his/her membership account to any third
parties.
5.9.The Member may not restrict, inhibit other persons' use of this site,
and may not interfere in the operations of the website or the servers and
networks deployed to operate the website.
5.10. Beecar is not responsible for any damages and losses that may directly or
indirectly arise from the Member's access and use of the website including but
not limited to virus attacks that impact the hardware and/or any damages and
losses that may arise from the information obtained via the website.
5.11.The Member accepts that he/she will not intend to or intend to attempt
to utilize any tools, software or device to interfere with the operation of the
website, to gain unauthorized access to the website and to use the website in
an unauthorized manner, to gain unauthorized access to or to exploit other
internet users' software and data.
5.12.The website may contain links to external websites that are
independently owned by third parties and not controlled by Beecar. Beecar does not guarantee
the accuracy of the information provided on these websites. Beecar bears no
responsibility for the services/products or the contents provided on the
websites accessed via such links. Access to these websites is at the Member's
sole discretion and not sanctioned by Beecar.
6-INTELLECTUAL PROPERTY RIGHTS
6.1.The presentation and the entire content of the website is protected by
the Turkish Laws and the intellectual property code, and any published
information and data, including, first and foremost, any trademarks, logos and
service marks, are owned by Beecar or their licensors. The Member may not, without the
written consent of Beecar, directly or indirectly, as-is or otherwise, distribute, forward, modify,
duplicate or copy, view, reproduce, publish, edit or otherwise process or
utilize the website or its content, and may not permit third persons to gain
access to or utilize the services of the website. Otherwise the Member shall be
liable of indemnifying Beecar for any damages or losses incurred/to be incurred by Beecar and for any amounts claimed
from Beecar based on the damages or losses incurred by third parties, including but
not limited to those by the licensors.
6.2. Beecar reserves all rights related to the services of the Website, the
information contained on the Website, and the studies related to the Website,
the trademark of the Website, the commercial presentation of the Website, or
all assets related to the Website including any material and intellectual
rights, and real and personal rights, commercial information and know-how.
6.3.All rights of any text, graphics and images shown on the website are
reserved, and may not be appropriated without permission.
6.4. Unauthorized use of any material rights related to the Website
content, design and software (processing, duplicating or reproducing,
distributing, representing and offering to public), and any unauthorized
disclosure and utilization without limitation, shall mean the violation of
intellectual and industrial property rights.
6.5.Members agree and confirm to adhere to the provisions of the Turkish
Code of Obligations, the Turkish Penal Code, the Law on Intellectual and
Artistic Works, the Turkish Commercial Code, the Statutory Decree Concerning
Brands, and to the provisions of any current and/or future regulations to take
effect. Any legal, administrative, penal and pecuniary liabilities born from
non-compliance belong to the Member and Beecar reserves its right of recourse.
7-RESPONSIBILITY
The Member acknowledges that the information and services
provided/published on the Website may possibly experience defects,
communication issues, technical problems, infrastructure and internet failures,
power outages and/or other issues that are not limited to those herewith
mentioned, and that, in the event of such issues/failures Beecar is authorized to halt
or terminate or cancel its car rental activities via the website without giving
notice or justification to the Member. The Member may not claim any rights or
payments from Beecar based on such reasons.
Beecar does not guarantee the infallibility or the continuity of its services, or
that the services it provides are free of viruses and other harmful components.
Beecar cannot be held responsible of any direct and/or indirect damages and
losses born from the Member's utilization of any product or service. The Member
confirms and declares that he/she in person is responsible for any losses or
damages that may arise from his/her use of the service or the website.
8-FORCE MAJEURE
In the event of any "Force Majeure" as such circumstances beyond
the reasonable control of the related party, are unavoidable, and could not be
prevented despite the party's due diligence including but not limited to
natural disaster, riot, war, strike, communication issues, technical issues,
infrastructure and internet failures, power outage and adverse weather
conditions, Beecar holds the right to delay the performance of, or refrain, in part or in
whole, from performing any of its contractual liabilities herein defined. Beecar 's liabilities shall
be suspended for the duration of the Force Majeure. In such or other
similar events, Beecar shall not be deemed to have delayed, non-performed in part or in whole, or
defaulted its liabilities. No claims for indemnification can be made against Beecar on account of such
events, irrespective of the definition. In the event that the Force Majeure
persists for more than 7 (seven) days, Beecar may unilaterally terminate this
agreement without giving notice and without any compensation.
9-CHANGES TO THE TERMS OF AGREEMENT
Beecar reserves the right to unilaterally modify the provisions of this agreement
without notifying the Member or without justification. The Member agrees to
have accepted the said modifications with the release of the Website. The
Member hereby and irrevocably accepts this provision.
10-CANCELLATION OF MEMBERSHIP AND
TERMINATION OF AGREEMENT
10.1. In the event of the Member's non-compliance, in part or in whole,
with any or all of his/her liabilities arising from this agreement, Beecar may unilaterally
terminate this agreement and cancel the Member's membership without any notice
or justification, and freeze or cancel, in part or in whole, the services that
have been, are, or will be provided to the Member via this website. The Member
may not claim any rights or losses on this account. The Member may not object
in such event.
10.2. If it deems necessary Beecar is authorized to unilaterally terminate this
agreement and cancel the Member's membership without any notice or
justification, and freeze or cancel, in part or in whole, the services that
have been, are or will be provided to the Member via this website. In such
event the Member may not claim any rights, receivables, profit losses, damages
or any other payments irrespective of the definition, under any pretext
whatsoever such as that the termination is unfair, unjustified,
unsubstantiated, untimely, or against good will.
11-DURATION OF AGREEMENT
This agreement takes effect with the submission of the approval on the
Website and automatically ends without further notice when Beecar cancels the
membership of the Member and/or when the services provided on the Website are
discontinued.
12-CONFIDENTIALTY
The Member shall keep confidential any commercial, financial, legal or
technical information, or any information that may be deemed to be commercially
confidential or subject to legal protection that he/she has directly or
indirectly obtained about Beecar during the execution of this agreement and shall not disclose such
information to any parties without the permission of Beecar. The stated
liability for confidentiality shall not be applicable under the following
conditions:
Beecar may collect in a database the Member's ID, driver's license, address,
contact, IP and site usage information and use such information without any
limitations for the purposes of legal activities, including but not limited to,
conducting user profile and market research, creating sales and site usage
statistics. Beecar is authorized to share the Member's information with the relevant
insurance companies, banks and other third parties as required in relation to the
services provided via the website. Beecar also may share such information with
third parties for the purposes of adhering to legal obligations or if demanded
for any investigations or examinations conducted by judicial or administrative
authorities, or of protecting the rights and ensuring the safety of the users.
13-NOTIFICATIONS
The Parties agree and confirm that the addresses stated during the
membership operation are their legal correspondence addresses, and that any
notifications to be made to the stated addresses shall bear the legal
consequences of legal notification unless any changes are notified to the other
party in written.
The Member agrees that any notifications related to the changes in the
agreement and the services, the cancellation of membership, the termination or
discontinuation of the agreement, or any other issues, will be sent to the
email address which the Member has provided during the membership registration,
and that the notification shall be deemed delivered once a notification has
been transmitted by Beecar regardless of whether or not the email notification has been received by
the Member, and that such emails shall bear legal consequences. Beecar shall not be
responsible of delayed delivery or non-delivery or its consequences. Email and
fax may not be used in the Member's correspondence with Beecar.
14-AUTHORIZATION AND EVIDENCE AGREEMENT
14.1.The Turkish Laws shall be applicable in the resolution of any issues
arising from the execution of this agreement and the Antalya Courts and
Enforcement Offices shall be authorized.
14.2.The Member accepts that, in the event of dispute, any documents,
records, books, and any offline and online electronic information, text and
record kept by Beecar shall constitute the sole, exclusive, final and binding evidence, and that
this clause constitutes an evidence agreement under article 193 of the Civil
Procedure Code.
15-MISCELLANEOUS
15.1.In the event of the annulment or non-enforceability of any of the
clauses in this agreement for any reason, all other clauses shall remain in
effect.
In the event that Beecar does not exercise or delays to exercise any one of its rights or
capacities under this agreement, this shall not imply its waiver of that right
or capacity, nor shall its exercise of a right or capacity individually or in
part hinder it from exercising such right or capacity at a later time.
Waiver of any term, clause or provision of this agreement shall not come to
mean or shall not be interpreted as such that the term, clause or provision has
been thereafter or permanently waived.
15.3.This agreement shall take effect as of the moment it is approved on
the Website and shall replace, if applicable, any agreements that have been
previously approved on the Website. In the event of a dispute, the provisions
of this agreement shall be applicable irrespective of the agreement related to
the timing of the event. The Member, accepts, declares and confirms that he/she
holds no rights and receivables arising from an agreement, if any, that has
been previously approved on the Website or from any commercial operation via
the Website, that he/she irrevocably and in the broadest sense releases Beecar of any issues, that
his/her responsibilities to Beecar that have been or will be born from the said
agreement and commercial relationship endure.
15.4.The Member confirms and declares that he/she has read and understood
all applications and rules contained on the website. The Member acknowledges
that he/she knows, understands and agrees to the consequences of the adverse
regulations contained in the whole of the agreement.
15.5.The Member may not transfer or assign his/her rights, receivables and
liabilities to any third parties without obtaining Beecar 's prior written
consent.