ParkPalet Portal Usage Conditions
INTRODUCTION Users who log in to this portal and aim to benefit from the portal by registering, acknowledged, declared, and committed that they accept the terms of use stated below and all matters that will be included in the portal over time without any reservation or condition, and agree not to raise any objections or defenses regarding all matters specified in the portal. 1.2. This portal belongs to Parkpalet Logistics Services Inc., located at Esentepe Mah. Büyükdere Cd. Levent Loft Residence A Block Floor:1 34394 Şişli Istanbul, which is referred to as PP below. PP may make suitable changes to the terms of use as needed. DEFINITIONS (ABBREVIATIONS) The abbreviations listed below in alphabetical order will express the meanings indicated next to them in this agreement;
“Service Recipient”: Individuals and/or legal entities who desire the storage service of the Service Provider with the advertisements offered by the Service Provider on parkpalet.com and/or in the vacant and suitable storage areas provided by the Service Provider,
“Service Provider”: - those who wish and intend to allocate vacant and suitable storage areas to others for a fee under the conditions of this agreement,
For this purpose, those who will use “parkpalet.com” by advertising and registering in the database under the conditions of this agreement, and who engage in storage activities,
User: Individuals who visit parkpalet.com defined below and are not members,
Payment system: The system that ensures the collection of the fee for the service to be provided to the Service Recipient, online via credit card, debit card, money transfer provided by banks, EFT, and other payment methods by PP or payment institutions it cooperates with, under the provisions and conditions specified in this Agreement,
parkpalet.com: The website and/or mobile application named www.parkpalet.com, by publishing advertisements or by recording relevant data in the ParkPalet database;
This is a B2B online trading platform where companies providing storage services advertise suitable storage areas they want to allocate for a fee for those who wish to receive these services, while those who want to receive storage services request storage space for a fee for specified periods, thereby bringing together those providing storage services and those wishing to receive such services, where orders can be placed, and transactions for the mentioned services can be collected and paid, where storage areas can be listed and queried according to needs, and can also subject to a long-distance commercial contract for the purchase and sale of services.
PP: Through the operated “parkpalet.com”, provides a platform that brings together those who wish to allocate vacant and suitable storage areas to others for a fee and those who need storage areas for a fee.
PP is not the direct provider of services listed on “parkpalet.com,” and ensures the collection of service fees related to the payment system described below, which is mentioned in the Regulation on Electronic Commerce Service Providers and Intermediary Service Providers published in the Official Gazette dated August 26, 2015 and numbered 29457, about the person referred to as (Intermediary Service Provider), and does not have the obligation to control content provided by individuals, both real and legal, who use the electronic environment it provides, to research whether there is an unlawful activity or situation related to this content and the goods or services subject to it, and does not have any liability to the other party for non-performance of any obligation or obligations due to failure to fully, timely or properly fulfill as a result of one party causing harm to the other party, which belongs to the owner of the ParkPalet brand, Parkpalet Logistics Services Inc.
“Member”: Individuals who register by agreeing to the “Terms of Use” for the purpose of using parkpalet.com as a “Service Recipient” or “Service Provider,”
“Members”: Refers to the Service Recipient and the Service Provider together.
In this agreement, the rights and obligations of PP against the “Member” are valid simultaneously for both the Service Recipient and the Service Provider. In other words, the obligations and responsibilities of the Member in this agreement are incumbent on both the Service Recipient and the Service Provider.
SUBJECT OF THE AGREEMENT The subject of this agreement is the determination of the rights and obligations of Members within the scope of the conditions of use of parkpalet.com as well as the rights and obligations of PP towards Members in its capacity as an “intermediary service provider.”
THE OPERATIONS BETWEEN THE SERVICE RECIPIENT - SERVICE PROVIDER AND PP The Service Recipient and Service Provider will first create an appropriate profile within parkpalet.com to make an advertisement. In order to create the profile, they will provide complete and clear information such as name, brand, title, contact information, tax office, tax number, and other legally defined information and the information requested at the time of registration. The Service Provider will also log in to parkpalet.com with additional documents and references to prove that it possesses the necessary license (if any) and qualifications, experience, and capability for providing services related to the profile, such as certificate, license, mastership, authorization document, trade registry certificate, and chamber registration. After creating the member registration, the Service Provider may announce the vacant and suitable storage area they wish to provide for storage services and the duration of the storage service they can provide without any limitation on the number of advertisements on parkpalet.com. After the Service Recipient registers on parkpalet.com, they will announce the storage area and duration they need for storing their goods and necessary logistics services either by selecting an advertisement on the site or by filling out a form. PP will then match these offers and demands of the parties, bringing together the parties. Accordingly, the Service Provider will store the Service Recipient’s aforementioned goods in the storage area communicated to PP for the agreed duration by the parties. After the advertisement of the request is made on parkpalet.com, PP evaluates whether the request can be met and offers suitable alternatives to the relevant Service Recipient. If the conditions in the Service Provider's advertisement are suitable for the Service Recipient, PP matches the requests and creates a reservation. Upon the communication of the Service Recipient's request to the Service Provider, the parties enter into a negotiation process. If, as a result of the negotiations, an agreement is made between the Service Recipient and the Service Provider, the Service Provider will send a copy of this agreement to PP, or if there is no agreement, the copy of the proposal and acceptance, or if none exists, the correspondence containing the terms between the parties. The Service Recipient and Service Provider may sign a draft agreement prepared by PP or may agree on different terms among themselves. In any case, PP is not a party to the agreement to be made between the Service Recipient and Service Provider, and there will be no liability to the contracting parties regarding the subject matter of the agreement concluded. Even if there is no agreement concluded between the Service Provider and the Service Recipient, it will be deemed that an agreement has been made between the parties at the moment the Service Recipient delivers the goods to the Service Provider's warehouse through parkpalet.com. With this agreement, the Service Provider has authorized PP to collect the service fee given to the Service Recipient. Therefore, the Service Recipient will pay the service fee invoice to PP in accordance with the payment conditions specified in the agreement they made with the Service Provider. If the relevant service is provided regularly on a monthly basis, the Service Recipient will also make monthly payments to PP. The Service Provider is also obliged to send a copy of the invoice and the storage information related to the invoice to PP at the same time they send the service fee invoice to the Service Recipient. After deducting its brokerage service fee from the amount collected from the Service Recipient, PP will transfer the remaining amount to the Service Provider within a maximum of five days from the collection date, together with the brokerage service fee invoice. TERMS OF USE OF THE PARKPAL.COM PORTAL Members accept and declare that they will violate this agreement if they perform the following actions; in such a case, PP may unilaterally terminate this agreement immediately by making a notification and may also immediately terminate the membership of the Members on parkpalet.com.
Actions that constitute a breach of the terms of use are as follows;
The dissemination and distribution of viruses, malware, and similar technologies that may harm parkpalet.com and/or users' devices, computers, databases, and other information systems, sending spam, unwarranted, unsolicited and/or bulk emails, messages, and mass communications to others through parkpalet.com, using parkpalet.com to destroy, alter, reverse engineer, parkpalet.com’s accessing in a way that will block or disrupt communication or technical systems, to gain access to parkpalet.com using automated programs, robots, web crawlers, spiders, data mining, or similar technologies or systems, using automated tools or manual processes, unauthorized access to other users' data or software, collection and storage of email or other personal information of parkpalet.com users without their consent, copying the information in the parkpalet.com database without the approval of PP, transferring to other databases and opening access of third parties to these databases, using, sharing, distributing, displaying, reproducing, or creating derivative works of all content created by PP on parkpalet.com without limitation, including but not limited to parkpalet.com’s designs, images, HTML code, and violating the rights of the PP brand and logo, uploading images, texts, visuals, audiovisual images, video clips, files, databases, catalogs that could constitute an unfair action against PP and/or another party, engaging in any commercial activity by carrying out these actions, direct and/or indirect acts and transactions constituting unfair competition, Service Provider Profiles registered on parkpalet.com, texts, visuals, provided information, documents and statements must not (a) be contrary to general morality and public order, dishonest and inaccurate, misleading, or exploit the deficiencies in the experience and information of third parties, endanger life and property security, disrupt public health, exploit, offend, defame, threaten or harass, (b) constitute a crime under applicable laws, (c) infringe the intellectual property rights or other rights of any third party such as copyright, patent, and trademark, (ç) violate applicable law or secondary regulations (including those related to export control, consumer protection, unfair competition, or misleading advertising) (d) contain obscenity, (e) contain hidden advertisements (f) promote racism, hatred or physical harm against any group or individual, (g) provide sexually explicit or violent materials exploiting individuals under the age of 18 or request personal information from individuals under the age of 18 (h) provide pirate computer programs or links, provide information on how to bypass copy-protection devices or provide pirated images, audio or video files or link to pirated images, audio, or video files (ı), illegally or unlawfully copy someone else's copyrighted work or encourage such actions; (i) contain prohibited or password-protected pages or hidden pages or images (not linked from another accessible site); (j) produce or acquire illegal substances, engage in buying or selling computer viruses or provide instructional information about other illegal activities; (k) request passwords or personal identifying information from others for commercial or illegal purposes; (l) include commercial activities and/or sales such as contests, lotteries, exchanges, advertisements, and chain letters; (m) disclose personal information of others, (n) violate consumer protection legislation, (O) contain competition-distorting or restrictive content, manipulate service prices or intervene in the listing of other users or manipulate the operation of parkpalet.com, transfer the membership or use of parkpalet.com to any third party, advertising from the Member's profile on parkpalet.com, initiate unreasonable or excessive burden on parkpalet.com’s infrastructure, THE RIGHTS, OBLIGATIONS, AND LIABILITIES OF THE PARTIES, RIGHTS, OBLIGATIONS, AND LIABILITIES OF THE SERVICE RECIPIENT The Service Recipient will be deemed to have performed their payment obligation under the service contract by making the payment to PP as a representative of the Service Provider. The Service Recipient agrees that the data they provide on the Website will be accurate, up-to-date, and complete, otherwise, PP will not be responsible for damages arising from inability to provide the service, erroneous, delayed, or incomplete service. RIGHTS, OBLIGATIONS, AND LIABILITIES OF THE SERVICE PROVIDER The Service Provider will publish or notify PP openly and unambiguously which products they can store, the storage cost per pallet, handling cost, address information of the storage venue, and all other necessary details related to storage. The Service Provider acknowledges and undertakes that they have the absolute right and authority to dispose of the mentioned service areas without any disputes and that there is no legal or factual hindrance in providing and announcing these services on parkpalet.com. "The Service Provider acknowledges that all legal liability for the services they will provide under this agreement rests with them, and that PP has no direct or indirect relationship with them regarding the offering and provision of its services. The Service Provider represents and warrants that the warehouse they will allocate to the Service Recipient is suitable for storing the Service Recipient's goods and that they have the necessary and sufficient area, shelf system, forklift, operator, worker, and equipment. The Service Provider is responsible for the safety of the stored products, and if they are harmed, the Service Provider will be liable. The Service Provider accepts that PP has no responsibility in this regard. Likewise, the Service Provider will be liable for any damages they cause to the Service Recipient, PP, Service Recipient personnel, or third parties during the performance of the storage service and acknowledges that PP is not responsible for such damages. The Service Provider shall be liable for (i) any acts or transactions in violation of this agreement, (ii) the brand, logo, and content they use, (iii) any acts or transactions contrary to legal regulations, and will pay all damages and costs suffered by PP, its employees, directors, partners, suppliers, and other users of parkpalet.com due to such damages without requiring a ruling from any legal authority, unconditionally in cash, within 7 (seven) days following PP’s first written request. The Service Provider shall not engage in any fraudulent action that could prevent PP from receiving its fee while concluding any agreement with the Service Recipient through parkpalet.com advertisement and/or in any other way. Otherwise, the Service Provider will pay to PP the total price of the services provided to the Service Recipient as a penalty, without prejudice to PP’s compensation and other rights stated in this agreement.
JOINT RIGHTS, OBLIGATIONS, AND LIABILITIES OF MEMBERS (SERVICE RECIPIENT and SERVICE PROVIDER) Members are obliged to register the necessary information and documents accurately, up-to-date, and completely when creating a profile on parkpalet.com. The username and password required for Members to access parkpalet.com and make transactions there are created by them, and the security and confidentiality of these informations are entirely the responsibility of the Member. The Member accepts that the transactions conducted with their username and password are performed by them, that they bear responsibility arising from these transactions, and that they will not raise any objections alleging that they did not perform the transactions conducted in this manner. Members acknowledge that they cannot escape from their obligations through any defenses and/or objections. Members are also responsible for ensuring the adequacy and capability of the hardware (device) and internet access services they use to access the site and cannot hold PP liable for failure to access or use the services for these reasons. Members accept that they are responsible for all transactions made through parkpalet.com; they will not claim that they did not perform the actions carried out here based on any defenses and/or objections and/or evade fulfilling their obligations based on these defenses and/or objections. Members acknowledge, declare and undertake that while promoting the services, regarding their advertisements and services on the parkpalet.com platform (including brands, logos, visuals, technical specifications, price information, and all necessary content), they grant PP a non-exclusive, royalty-free license for the duration of the contract without any location or content limitations in accordance with the provisions of the Copyright and Design Rights Law and other relevant laws in Turkey and abroad for the purposes of processing, reproducing, distributing, exhibiting, duplicating, and creating derivative works, and to other means set forth, including inter-network and wireless transmission and communication. Members are obliged to keep the personal data obtained about users through parkpalet.com confidential and intact, and they shall not share it with third parties for any commercial purpose whatsoever, unless necessary and/or required for the provision of services, and will impose the same obligation in contracts with their employees and business partners. Members accept, declare, and undertake that they will not hold PP responsible in any legal pursuit, inquiry, or case that may be directed against it due to the actions of the Members or violations of the contract. Members shall be liable for all damages incurred by PP as a result of restricting or ceasing the operations of parkpalet.com due to actions contrary to this agreement, without prejudice to PP's other rights. THE RIGHTS, OBLIGATIONS, AND LIABILITIES OF PP PP agrees to fulfill its obligations to provide the services described in this agreement and the technological infrastructure required for offering these services with the exceptions specified in this agreement. The obligation to establish this technological infrastructure as specified within this clause does not imply a commitment to provide unlimited and complete service; PP may, without any notice, stop or terminate the services and technological infrastructure determined by this agreement for technical requirements (system updates, maintenance, repair, etc.) and under the conditions specified in this contract. PP merely serves as a platform that brings the Service Recipient and the Service Provider together and is not the direct provider of the services listed on the Website. According to Article 6/4 of the Regulation on Electronic Commerce Service Providers and Intermediary Service Providers published in the Official Gazette dated August 26, 2015 and numbered 29457, PP is an (Intermediary Service Provider) and is not obliged to control the content provided by individuals, both real and legal, using the electronic environment it offers, to investigate whether there is any unlawful activity or situation related to this content or the goods or services subject to it. PP does not guarantee the accuracy of the content, visuals, user information, company information, or any other information uploaded into the system by Members, nor the compliance of the specified characteristics with the services, the trustworthiness of the service to be provided or the entities to which it is rendered, and whether the products to be stored and the storage areas comply with legal requirements, nor whether they cause harm to individuals or violate the rights of third parties. PP may stop the publication of ads, contents, and/or similar data uploaded by the Members upon request from administrative/judicial authorities and can completely remove them. Membership registration on parkpalet.com is required to benefit fully from the content available on parkpalet.com. PP may also provide some content to standard users who are not members. PP is responsible for ensuring that the advertisements of the Service Providers are published correctly and completely to the database and formatching the advertisements of the Service Providers or the storage areas on the database compliant with the Service Recipient's request. However, PP has the sole authority regarding internal search and sorting with different algorithms. PP may link to other websites and/or portals, mobile applications, files, or content owned and operated by third parties. These links may have been provided for ease of reference. Providing a link does not imply support for the website, mobile application or the operators, nor does it imply any representation or warranty regarding the content of that website or mobile application. PP is absolutely NOT responsible for any use of the information belonging to the Service Recipient without their approval for advertising, marketing, personal, or any other situation or purpose, or for the transfer of such information, or for any issues that may arise between the Service Recipient and the Service Provider(s) or damages that may occur. PP may always monitor the messages and content of Members that are contrary to parkpalet.com’s operation, the law, the rights of others, the terms of the contract, and general moral rules, and may remove access at any time and in any way. Again, if the Service Provider acts in violation of the agreement, PP may terminate the agreement without waiting for the termination of the Service Provider’s membership on parkpalet.com without any notification. The statements and concerns of PP regarding personal information and privacy can be seen separately on the page of www.parkpalet.com. The Privacy Notification published on the relevant page of the site is an integral part of this agreement. With their consent, PP may use members in advertising banners. Members acknowledge and declare that they consent to the sharing of their contact, portfolio status, and demographic information with its affiliates or group companies, limited to promotional, advertising, campaign, announcement, etc. marketing activities. Members also consent to the sending of commercial electronic messages in the form of SMS or E-Mail to inform them of service-related campaigns and similar announcements so that they become aware of opportunities and campaigns. PP does not guarantee that parkpalet.com will be error-free, uninterrupted, and secure, or that any content, search, or link on parkpalet.com will yield specific results, nor does it guarantee that any file downloaded from parkpalet.com will be free of viruses or other harmful or disruptive features. All rights to the visuals, database, information, documents, and any material contained within parkpalet.com belong to PP. Members have the right to view and utilize the services at parkpalet.com to the extent permitted. Members have no right to use the contents of parkpalet.com that are characterized as works, apart from personal purposes. Members declare and undertake not to copy, reproduce, distribute, or make available to third parties for their use or benefit any content on parkpalet.com, apart from personal use. The only exception to this provision is the sharing permitted through the social media accounts with personal use, on the condition of not interfering with the given links and other identifiers. Members acknowledge, declare, and undertake that with respect to any works covered by this agreement, they will not engage in any conduct or action that harms or has the potential to harm the intellectual property rights or any personality rights of any real or legal person. PP is not responsible at all for any disputes or damages arising from the sharing of the names, addresses, and phone numbers of the Service Recipients registered in its system with Service Providers for providing the relevant services. This information sharing is aimed at ensuring the smooth provision of services. PP reserves the right to suspend, restrict, or terminate the service delivery website or application, as well as the content and scope of the services to be offered, unilaterally and at any time, without guaranteeing service to the members on an indefinite and uninterrupted basis. PP does not provide any guarantee regarding the accuracy of the content uploaded by Members, their visuals, user information, company information, or any other data, nor about whether they comply with each other in terms of specified characteristics and the suitability of the products to be stored and the storage areas under the law. PP reserves the right to suspend, restrict, or terminate member accounts without notification if it deems it necessary. In such cases, if the related member requests in writing, they can learn the reason for cancellation from the system administrators. PP may make the services specified in the agreement payable or free at any time. It may make changes to the terms of use, design of the site, or the services provided at any time. Membership is not subject to a fee. DURATION OF THE AGREEMENT AND TERMINATION OF THE AGREEMENT This “parkpalet.com PORTAL USAGE AGREEMENT” is entered into by the parties indefinitely. Each party may terminate this agreement by notifying the other party 30 days in advance without any reason. In this case, the other party cannot demand any rights from the party terminating the agreement based on the reason for early termination. If one of the parties acts contrary to this agreement, the other party may terminate this agreement unilaterally without providing any deadline by sending a written notification to the party that violated the agreement. In this case, the party responsible for the termination shall compensate for damages suffered by the other party due to the termination. CONFIDENTIALITY The parties undertake that they will not disclose the confidential information obtained from each other due to this agreement and the work performed under this agreement to any third parties and organizations unless there is any legal basis to the contrary. The confidentiality of information and documents will remain in effect for five years following the expiration of this agreement. Confidential information includes all technical and commercial information, business plans, business strategies, marketing plans, customer lists, price lists, cost information, documents, materials, passwords, codes, algorithms, strategies, financial information, and customer information related to employees, whether in tangible form or not, known to one of the parties at present, or owned by them, or learned or obtained later, and that has actual or potential economic value due to its being generally unknown and being readily accessible through lawful means. The following information will not fall under the scope of “confidential information” mentioned in Article 8.1: Information disclosed without the fault of the disclosing party, information previously known to the public, information that must be disclosed under the directives of judicial authorities and official bodies, or required by law to be disclosed by the holder of the information. FORCE MAJEURE Events including but not limited to rebellion, embargo, state intervention, insurrection, occupation, war, mobilization, strike, lockout, labor disputes or boycotts, cyber-attacks, communication disruptions, infrastructure and internet outages, improvements or renovations relating to the system, and other events occurring outside the control of the parties that are not due to their fault and that could not reasonably have been foreseen ("Force Majeure") will not hold the affected party responsible for obligations arising from this agreement if such affects the performance of their obligations or delays them, and this situation may not be considered a violation of this Agreement.
GENERAL PROVISIONS Applicable Law and Resolution of Disputes This Agreement shall be governed exclusively by the laws of the Republic of Turkey. For any dispute arising from or related to this Membership Agreement, the competent jurisdiction is the Istanbul Central (Çağlayan) Courts and Enforcement Offices. Notification The parties may notify each other regarding the birth, termination, renewal, modification of a right through legal transactions in accordance with the provisions of the Turkish Commercial Code. Otherwise, for the daily operations and communications needed by the parties, they may communicate through emails, SMS, or mobile applications. The parties are obliged to keep their electronic mail addresses and phone numbers up-to-date. Integrity and Severability of the Agreement This Agreement constitutes the entire agreement between the parties. If any provision of this Agreement is found by any competent court, arbitration tribunal, or administrative authority to be entirely or partially invalid or unenforceable or unreasonable, then such invalidity, unenforceability, or unreasonableness shall be deemed to render this Agreement divisible to that extent, and the remaining provisions shall remain in full force and effect. Assignment of the Agreement No party shall assign their rights or obligations arising from this agreement in whole or in part to others without prior written approval from the other party. This agreement applies to merchants since it has been made for the execution of business and services, and is subject to the Turkish Commercial Code, the Code of Obligations, and General Provisions, and does not fall under the scope of the Law on the Protection of Consumers and the relevant regulations. This agreement consists of 11 articles. PARKPALET LOGISTICS SERVICES INC.
