Web User Agreement
WEB USER AGREEMENT
Hereby this agreement, signed between the owner of all the rights of the website www.autohome.com.tr residing at Altunizade Mh Oymacı Sk No:11 Üsküdar – İSTANBUL, Auto Home Otomotiv Tic Ltd Şti and the Member while the Member’s voluntarily signing up the website domain named www.autohome.com.tr. The Member accepts, declares and commits his/her reading and approval of this agreement completely by signing up the website,
Mentions in hereby agreement defines;
Auto Home: Auto Home Otomotiv Ticaret Limited Şirketi
Member: Physical person or legal entity signing up the website
Website: The website broadcasts under the domain name www.autohome.com.tr
Vehicle: Owned by Auto Home and various make and model vehicle related to rental
Agreement: Hereby “WEB USER AGREEMENT”
3. SUBJECT OF THE AGREEMENT
The subject of hereby agreement is to determine the corresponding rights and responsibilities of Auto Home and Member, with procedures and principles regarding rental service of the vehicles’ online on the Website by Auto Home.
4. RIGHTS AND RESPONSIBILITIES OF AUTO HOME
4.1 Auto Home is taking reasonable precautions regarding, preventing the losing, manipulation and changing of ID, address and contact information under its control and governance. But Auto Home doesn’t guarantee the security of this information under circumstances.
4.2 Auto Home can monitor, record all the activities of the Member’s on the website for security reasons and can interfere the membership with suspending, banning or cancelling (etc.) the membership.
4.3 Auto Home can change the Website’s form and content completely or partially, its domain name, can use different sub domain names, can do domain forwarding and/or close the current domain name without notice.
4.4 Auto Home can contact with the Member regarding the vehicles served for rent, services, advertisement or promotions whenever it wishes, can send announcements by commercial email and SMS.
4.5 Auto Home, can change the coverage and variety of the services provided on the Website whenever it wishes and without any reason and notice to the Member. It can suspend, terminate or cancel the services provided completely or partially.
4.6 Auto Home can make changes and/or updates on the services, rental conditions and operation in terms of executing more effective works and transactions mentioned in this agreement. The Members accept and declare that they’ve accept these changes, and will behave according to these changes.
4.7 Hereby agreement doesn’t provide any commitment regarding the number of rental vehicles, make, model and model year and similar matters. The Member, cannot claim any right and debt from Auto Home with any of these reasons under any name.
4.8 Auto Home has rights not to start the rental services unilaterally, to stop and terminate and/or to cancel. The Member accepts, declares and commits that he/she doesn’t have any right to object these matters.
5. RIGHTS AND RESPONSIBILITIES OF THE MEMBER
5.1 The membership is completed with carrying out the membership procedure by the person who wants to be a member. The Member, with being member, can be considered as accepted hereby agreement terms, all kinds of declaration regarding the membership and services declared/will be declared by Auto Home.
5.2 The Member accepts and declares that his/her ID, driver’s license, address and contact information he/she stated while membership are all complete and accurate, to notify Auto Home immediately when any changes occur regarding these information, to know that he/she will be responsible regarding any legal disputes and losses in case of giving outdated and/or wrong information. Any responsibility cannot be attached Auto Home with this reason.
5.3 The Member accepts and commits that he/she will act according to the Constitution of the Republic of Turkey and general moral values, won’t act with any insult, threat, abuse or similar actions, won’t make political or ideological propaganda, won’t engage in behaviour that disturbs other Members, will refrain from any behaviour that may degrade persons and institutions, will refrain from any action that may cause disruption or interruption of the services provided on the Website, otherwise, he/she will be personally responsible for any losses that may occur.
5.4 The Member accepts and commits that he/she won’t breach the rights in the intellectual property law which belongs to third parties, will respect copyrights pf the third parties, won’t engage unfair competition and will respect the trade secrets and private lives of third parties.
5.5 The Member accepts and declares that he/she will use a password that cannot be easily guessed by others while using the site, that he/she will not share user name, password and similar information with others and that he/she will be personally and only responsible for the security of this information as this information is not kept in the site database, and Auto Home will not be responsible in any way.
5.6. The member undertakes that he will not engage in fraudulent behaviour, will not interfere with the security mechanism of the site, otherwise he will be responsible for all kinds of damages that may occur and will cover all damages that Auto Home will suffer.
5.7. The member accepts and declares that he/she will only use his/her own membership account, will not use the account information of other members and will not let others use his/her membership account, otherwise, if Auto Home determines, his/her membership may be cancelled, his reservations may be cancelled, his rentals may be terminated and he will indemnify any damages that may arise.
5.8. The member agrees and undertakes not to send harmful programs, software, code and similar materials to the site, and to avoid any action that may endanger the security of the site and its members.
5.9. The member cannot transfer his membership account to third parties.
5.10. 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 usable.
5.11. Auto Home is not responsible for any direct or indirect damages that may occur in relation to the access and use of the site, including but not limited to the loss and damage caused by the virus attacks affecting the computer hardware and/or the information obtained from the site.
5.12. The Member agrees that he will not use any tool, software or tool to interfere with or attempt to interfere with the operation of the site, that he will not connect to the site or take action without authorization, that he will not access or use the software and data of other internet users without permission.
5.13. The site may contain links to other websites of third parties, which are completely independent of this site and not under Auto Home's control. Auto Home does not guarantee the accuracy of the information contained on these sites. Auto Home has no responsibility for the services/products offered from the websites accessed through these links or their content. Member's access to these websites is under his own responsibility and without the consent of Auto Home.
5.14 The member irrevocably accepts, declares and commits that he/she will use a credit card compatible with the information in his/her membership record in all transactions related to this contract, that he/she will not use someone else's credit card in any way, that the name on the credit card will be the same as the name applied for membership, that the credit card belongs to him. In case of any damage due to any violation of this matter, the Member assumes that all responsibility belongs to him/her, that he/she will not make any claim from Auto Home if the transaction is made by using someone else's credit card. It irrevocably accepts, declares and commits that Home is liable to cover all direct and/or indirect damages incurred.
6 INTELLECTUAL PROPERTY RIGHTS
6.1 The presentation and all content of the site are protected by the Republic of Turkey legislation and intellectual property law, and all information and data published on this site, especially all trademarks, logos and service marks, belong to Auto Home or its licensors. The Member may not directly or indirectly distribute, transmit, modify, copy, display, reproduce, publish, process or otherwise use the site's content, directly or indirectly, or allow anyone else to access or use the site's services, without the written consent of Auto Home. Otherwise, the Member shall be liable to pay Auto Home any compensation amount requested from Auto Home due to any damages incurred/to be incurred by Auto Home and any damages incurred by third parties, including but not limited to the licensors.
6.2. All assets, in kind and personal, of Auto Home, including Site services, Site information, Site's copyrighted works, Site's trademarks, Site's commercial appearance or any material and intellectual property rights related to the Site, all rights regarding commercial information and know-how are reserved.
6.3 All rights of all texts, graphics, images and pictures on the site are reserved and cannot be saved without permission.
6.4. Any unauthorized disclosure and use, including but not limited to, unauthorized use of all financial rights (processing, reproduction, dissemination, representation and public offering) regarding the site content, design and software will constitute a violation of intellectual and industrial property rights.
6.5. Members accept and undertake to comply with the provisions of the Turkish Code of Obligations, the Turkish Penal Code, the Law on Intellectual and Artistic Works, the Turkish Commercial Code, the Decree on Trademarks and any current and/or future legislation in the use of the Site. All legal, administrative, penal and financial responsibilities that may arise due to the contrary use belong to the Member and Auto Home reserves the right of recourse.
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 failures, power outages and/or other problems without being limited to those listed. In case of such problems/defects, Auto Home is authorized to suspend or terminate or cancel the car rental activities on the site without the need to notify the Member and without giving any reason. For these reasons, the member cannot demand any rights or payments from Auto Home under any name.
Auto Home does not warrant that the service will be error-free or continuously available, or that the service will be free of viruses and other harmful elements. Auto Home cannot be held responsible for any direct and/or indirect damages arising from the use of any product or service by the member. The member accepts and declares that he/she is personally responsible for any damage and loss that may arise as a result of using the service or the site.
8. FORCE MAJEURE
Including, but not limited to, natural disasters, riots, wars, strikes, communication problems, technical problems, infrastructure and internet failures, power cuts and bad weather conditions, which are beyond the reasonable control of the relevant party and which cannot be prevented or avoided despite the necessary care. In "Force Majeure" cases; Auto Home has the right to late or incomplete performance or not to perform any of its obligations determined by this contract. Because during this Force Majeure, Auto Home's obligations are suspended. In these and similar cases, no delay, incomplete performance or non-performance or default shall be deemed as default by Auto Home. For these cases, no compensation will be claimed from Auto Home under any name. In the event that the force majeure situation lasts for more than 7 (seven) days, Auto Home is authorized to terminate this contract unilaterally and without compensation without any notification.
9. CHANGES TO CONTRACT PROVISIONS
Auto Home has the right to unilaterally change the provisions of this contract 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 accepts this matter as irrevocable in advance.
10.1. In the event that the Member violates any or all of its obligations arising from this agreement, Auto Home may unilaterally terminate this agreement without any notification and without justification, cancel the membership of the Member and may also partially or completely freeze or cancel the services to be received. Therefore, in the event of termination, the Member cannot claim any rights or demands from Auto Home. The member cannot object to this issue.
10.2. Auto Home is authorized to cancel the membership of the Member unilaterally, without giving any reason and without any notification, and to suspend or completely cancel the services that the Member receives or will receive from the site, if it wishes. In this case, the Member shall not be entitled to any right, receivable, loss of profit, compensation for loss of profit or any other name and title from Auto Home by claiming an unfair, unwarranted, involuntary and untimely termination, act against goodwill or any other reason and excuse, and the member cannot demand any payment.
11. TERM OF THE AGREEMENT
This agreement enters into force from the moment it is approved on the Site and automatically terminates without further notice when Auto Home cancels the Member's membership and/or terminates the services offered on the Site.
The Member shall keep confidential any commercial, financial, legal or technical information, whether or not subject to trade secret or other legal protection, regarding Auto Home, directly or indirectly, within the scope of the performance of this Agreement, will not disclose it to any person without their permission. However, the aforementioned confidentiality obligation shall not apply in the following cases:
Auto Home may collect the Member's identity, driver's license, address, contact, IP and site usage information in a database for all legal purposes, including but not limited to making user profile and market research, creating sales and site usage statistics, and may use this information without any restrictions. Auto Home is authorized to share the information about the member with the insurance company, the bank regarding the services offered on the site, and third parties/institutions it deems necessary. In addition, Auto Home may share this information with third parties/institutions in order to comply with the obligations imposed by the law or in case of request for investigation or research carried out by the authorized judicial or administrative authority, or for the protection of the rights and safety of the users.
The parties accept and undertake that the addresses specified during the membership process are legal notification addresses, and unless the other party is notified in writing of the address change, notifications to these addresses will have all legal consequences of the legally valid notification.
The member has consented to all kinds of notifications (changes to be made in the contract and services, cancellation of membership, termination of this contract, etc.) to be made to the e-mail address specified during the membership process. He/she accepts and commits that whether the notifications made by e-mail are received or not, the notification has been notified by Auto Home from the moment it is sent and it will have legal consequences. Auto Home 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 correspondence of the Member with Auto Home.
14. AUTHORITY AND EVIDENCE AGREEMENT
14.1. Turkish Law will be applied and Istanbul Central Courts and Enforcement Offices will be authorized to solve the problems arising from the implementation of this contract.
14.2. In case of disputes, the member accepts that all kinds of documents, records, books and all kinds of information, writings and records of Auto Home in the computer and internet environment will be the sole, exclusive and definitive evidence and will be binding, as an evidence contract within the scope of HMK.193 of this article.
15.1. If any provision of this Agreement is deemed invalid or unenforceable for any reason, the other provisions of this Agreement will remain in effect.
15.2. The failure of Auto Home to exercise or delay in exercising any right or authority under the Agreement does not constitute a waiver of that right or authority. The sole or partial exercise of a right or power does not preclude the subsequent exercise of that or any other right or power. The waiver of any term, clause or provision of this Agreement shall not constitute or be construed as a subsequent or continuing waiver of that term, clause or provision.
15.3. From the moment this agreement is approved on the Site, it replaces the previously approved agreement, if any, on the Site. In the event of a dispute, the provisions of this agreement apply regardless of which agreement arises from the period in which it is in effect. The Member, if any, states that he/she has no rights or receivables from Auto Home due to the contract and commercial operation previously approved on the Site, that he/she irrevocably releases Auto Home in all matters, due to the aforementioned contract and commercial relationship. He/she accepts, declares and commits that all responsibilities that have arisen and/or will arise against it continue.
15.4. The member declares that he/she has read, understood and accepted all the practices and rules on the site. The member declares that he/she accepts the regulations that may be contrary to his interests in the entire contract, knowing and understanding the consequences.
15.5. The member cannot transfer or assign his rights, receivables and obligations arising from this contract to third parties without the prior written consent of Auto Home.