TERMS AND CONDITIONS
1. Contractual Relations
These Terms of Use ("Terms") govern access to and use of the applications, web pages, content, products, and services ("Services") made available by GÜR-SEL TURİZM TAŞIMACILIK VE SERVİS TİCARET A.Ş. ("Gürsel").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
By accessing and using the Services, it is assumed that you accept these Terms, which create a contractual relationship between you and Gürsel. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede any prior agreements and understandings with you. Gürsel may terminate these Terms and Services, suspend offers, or deny access to the Services at any time for any reason.
Additional terms, such as policies for specific events, actions, or promotions, may apply to certain Services. Such additional terms will be communicated to you in connection with the relevant Services. The additional terms will be considered as an integral part of the Terms, in addition to and as part of the Terms, in line with the purposes of use of the relevant Services. In case of a dispute related to the relevant Services, the additional terms shall prevail over these Terms.
Gürsel may change the Terms relating to the Services from time to time. Changes will take effect upon Gürsel notifying you of such updated Terms or modified policies or additional terms related to the current Services. Your continued access to or use of the Services following such notification means that you accept and agree to be bound by the modified Terms.
The collection and use of personal information related to the current Services are as specified in Gürsel's Privacy Policy, which is available at their website. In the event of any complaint, dispute, or disagreement with Gürsel, they may provide necessary information or data, including you and (including the transportation network company driver), to a claims processor or insurance provider if such information or data is necessary for the resolution of the complaint, dispute, or disagreement.
2. Services
The Services create a technology platform that enables users to access Gürsel's mobile applications or websites (each referred to as an "App") as part of the services provided by Gürsel for arranging and planning transportation and/or logistics services. Unless Gürsel agrees otherwise in a written agreement with you, the Services are provided for your personal use only and may not be used for commercial purposes.
License
Subject to your acceptance of these Terms, Gürsel grants you a limited, non-exclusive, non-sublicensable, revocable license for the following purposes: (i) access to and use of the Applications on your personal device solely for the purpose of using the Services; and (ii) access and use of the content, information, and related materials made available through the Services solely for personal, non-commercial purposes. All rights not expressly granted herein are reserved by Gürsel and its licensors.
Constraints
You are not permitted to: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by Gürsel; (iii) decompile, reverse engineer, or disassemble the Services, except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of Services
You acknowledge that various brands or service options related to transportation and logistics may be made available under different brands or request options within the Services. You also acknowledge that the Services may be made available to these brands and demand options in the following circumstances: (i) certain Gürsel subsidiaries and affiliates; (ii) transportation network company drivers, those with transportation agreements, or those with similar transportation permits, authorizations, or licenses.
Content.
The Services may also be made available or accessed with respect to third-party services and content that are not under Gürsel's control, including advertisements. You acknowledge that different terms of use and privacy policies apply when you use third-party services and content. Gürsel does not endorse or assume any responsibility for third-party services and content, and is not liable for any products or services provided by third-party providers in any way. These third-party rights holders are not parties to this agreement and cannot be held responsible for the provision or support of the Services in any way. Your access to the Services using these devices is subject to the terms and conditions specified in the third-party rights holder's service terms.
Ownership
The Services and the rights specified are owned by Gürsel or its licensors and will remain so. Neither these Terms nor your use of the Services grant you or confer upon you the following rights: (a) any rights to the Gürsel Services beyond the limited license stated above; (b) the right to use or reference the company names, logos, product and service names, trademarks, or service marks of Gürsel or its licensors.
3. Your Use of the Services
User Accounts.
In order to take advantage of many aspects of the Services, you must register for and use a personal user account ("Account"). You must be at least 18 years old, or the legal age required in your country if it's different from 18, to have an Account. When opening an Account, you must provide Gürsel with at least one valid payment method (credit card or accepted payment partner), as well as some personal information such as your name, address, mobile phone number, and age. You agree that your account will contain accurate, complete and up-to-date information. Failure to provide accurate, complete, and up-to-date Account information, such as an invalid or expired payment method, may result in your access to the Services being blocked or Gürsel terminating this Agreement.
You are responsible for all actions taken in your Account, and you agree to keep your username and password for your Account secure and confidential at all times. You can only have one Account unless expressly permitted in writing by Gürsel.
User Requirements and Behavior.
The Service is not available to persons under the age of 18. You cannot authorize third parties to use your Account, and you may not allow anyone under the age of 18 to receive transportation or logistics services unless accompanied by you. You may not assign or transfer your Account to other individuals or entities. You agree to comply with all applicable laws while using the Services and to use the Services only for legal purposes (e.g., not transporting illegal or hazardous materials). While using the Services, you may not cause discomfort, anger, inappropriate situations, or damage to others. In some cases, your access to the Services and your use of the Services may require identity verification. You agree that your access to and use of the Services may be blocked if you refuse to provide proof of identity.
User-Provided Content.
Gürsel may, in its sole discretion, from time to time, allow you to submit, upload, post or provide to Gürsel content and information in the form of text, audio and/or video ("User Content"), including comments and feedback on the Services, acceptance of support requests and submission of competition and promotional entries, through the Services. The User Content provided by you belongs to you. However, by providing User Content to Gürsel, you grant Gürsel a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in all formats and channels now known or hereafter devised (including with respect to the Services, Gürsel's business, third-party businesses, and their services) without notice to you or your consent, and without any payment to you, others, or organizations.
You represent and warrant the following: (i) You are the sole and exclusive owner of all User Content or have all rights, licenses, permissions, and consents necessary to grant Gürsel the license to the User Content as set forth above; (ii) Neither your use, provision, upload, publication, or making available of User Content nor Gürsel's use of the User Content as permitted herein will infringe, misappropriate, or violate a third party's intellectual property rights, proprietary rights, publicity rights, or privacy rights, nor result in the violation of any applicable laws or regulations.
You agree that you will not provide User Content that is defamatory, slanderous, hateful, violent, obscene, pornographic, illegal, or in any way offensive or harmful. Gürsel decides, at its discretion, whether such information is protected by law. Gürsel may, in its sole discretion, at any time and for any reason, review, monitor or remove User Content without notice to you, but is not obligated to do so.
Network Access and Devices.
You remain responsible for providing the data network access necessary to use the Services. If you access the Services from a device with wireless internet access, your wireless carrier's data rates and fees may apply. It is your responsibility to ensure that you have the appropriate software and devices required for accessing and using the Services and Applications and to keep them updated. Gürsel disclaims any warranty that the Services and any part thereof will work with any particular software and device. The Services may be subject to malfunctions and delays due to use of Internet and electronic communications.
4. Payment
You acknowledge that your use of the Services may be subject to fees for the services and goods you receive. Fees will include applicable taxes as required by law. The fees paid by you are final and non-refundable unless otherwise stated by Gürsel.
All fees must be paid immediately and payment will be made by Gürsel using the preferred payment method specified in your Account, after which Gürsel will send the invoice via email. You agree that if your primary Account payment method has expired, is invalid, or for any other reason is not accepted, Gürsel will use your secondary payment method on your account.
Gürsel reserves the right, at its discretion, to charge, remove, or modify the fees for any or all of the services and goods obtained through the use of the Services between you and Gürsel. You acknowledge and declare that in some geographic regions, fees may increase significantly during periods of high demand. Gürsel will make reasonable efforts to inform you of applicable fees, regardless of whether you are aware of the fees or their amounts, and you will be responsible for those fees applied to your account. Gürsel may, from time to time, offer promotional offers and discounts to certain users for the same or similar services or goods obtained through the use of the Services at different price levels. If you have not been provided with these promotional offers and discounts, they are not related to your use of the Services or the fees applied to you.
Repair or Cleaning Fee.
You will be responsible for the cost of any damage to vehicles and property resulting from the use of the Service under Your Account beyond normal wear and tear and soiling, or for the cost of any necessary cleaning ("Repair or Cleaning"). If the need for Repair or Cleaning is reported and Gürsel, in its reasonable discretion, approves such Repair or Cleaning request, Gürsel reserves the right to allow payment of such Repair or Cleaning at a reasonable price using the form of payment specified in your Account. Such amounts are also non-refundable.
5. Waivers; Limitation of Liability; Security.
WAIVER.
SERVICES ARE PROVIDED IN THIS FORM AND AS IS. Gürsel EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED OR LEGAL EXPRESS, IMPLIED OR STATUTORY EXPRESSIONS AND PERMISSIONS NOT EXPRESSLY STATED IN THESE PROVISIONS, INCLUDING IMPLIED MARKETABILITY RELIEFS, THAT ARE FIT FOR A PARTICULAR PURPOSE AND DO NOT INFRINGE. IN ADDITION, Gürsel DOES NOT STATE, WARRANT OR GUARANTEE THE RELIABILITY, TIMELINESS, QUALITY, QUALITY, FITNESS OR AVAILABILITY OF THE SERVICE, ANY SERVICE OR GOODS OBTAINED BY USE OF THE SERVICES OR THAT THE SERVICE WILL BE INTERRUPT-FREE AND ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT ALL RISK ARISING FROM YOUR USE OF THE SERVICES OR ANY SERVICES OR FINANCES REQUESTED IN CONNECTION THEREWITH SHALL BE AT YOUR OWN RISK TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY.
Gürsel, EVEN IF IT WARNS OF THE POSSIBILITY OF SUCH DAMAGES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA LOSS, PERSONAL INJURY, AND PROPERTY DAMAGE, RELATED TO THE USE OF THE SERVICES OR ARISING FROM SUCH USE. Gürsel, EVEN IF IT WARNS OF THE POSSIBILITY OF SUCH DAMAGES, SHALL NOT BE LIABLE FOR ANY HAZARD, LIABILITY, OR LOSS ARISING FROM THE FOLLOWING: (I) YOUR USE OF THE SERVICES, YOUR RELATIONSHIP WITH THE SERVICES, OR ANY INTERRUPTION OR FAILURE OF YOUR ACCESS TO OR USE OF THE SERVICES; (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND THE DRIVER. Gürsel SHALL NOT BE LIABLE FOR PERFORMANCE DELAYS OR FAILURES ARISING FROM REASONS BEYOND Gürsel's REASONABLE CONTROL. IN NO EVENT SHALL Gürsel's LIABILITY FOR ALL DAMAGES, LOSSES, AND LEGAL GROUNDS RELATED TO THE SERVICES EXCEED FIVE HUNDRED EUROS (€500).
THIS SECTION 5 LIMITATIONS AND DISCLAIMERS DOES NOT AIM TO ALTER OR LIMIT YOUR NON-EXCLUDABLE LEGALLY MANDATED RIGHTS AS A CONSUMER.
Guarantee.
You agree to indemnify Gürsel, its affiliates, officers, directors, employees, and agents, from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with: (i) the use of Services or the acquisition of services or goods through the use of Services; (ii) any breach or violation of these Terms; (iii) Gürsel's use of User Content; (iv) any infringement of any third party's rights.
6. Applicable Law; Arbitration.
Unless otherwise provided in these Terms, these Terms shall be governed by and construed exclusively in accordance with the laws of the Republic of Türkiye, excluding its conflict of laws rules. The competent jurisdiction is Istanbul courts and enforcement offices.
7. Other Provisions
Copyright Infringement Claims.
Claims of copyright infringement should be sent to Gürsel's appointed agent.
Notice.
Gürsel may provide notice as a general notice through the Services, by sending an e-mail to your e-mail address or by sending written notice to the residential address specified in your Account.
General.
These Provisions, as a whole or any part thereof, may not be assigned or transferred without the written consent of Gürsel. You hereby grant to Gürsel your consent to assign or transfer these Terms as a whole or any part thereof to: (i) subsidiary or affiliate; (ii) transferee of Gürsel's net assets, business or assets; (iii) successor by merger. There shall be no joint venture, partnership, employment or agency relationship between you, Gürsel or any Third Party arising out of the agreement between you and Gürsel or the use of the Services.
If any part or provision of this Agreement is determined to be illegal, invalid, or unenforceable under any law, such part or provision shall be considered severed from this Agreement to that extent, but the legality, validity, and enforceability of the remaining portions of this Agreement shall not be affected. In such a case, the parties shall replace the illegal, invalid, or unenforceable provision or part thereof to the maximum extent possible with another legal, valid, and enforceable provision or part thereof that best aligns with the content and purpose of this Agreement. These Provisions represent the complete agreement and mutual understanding between the parties regarding the subject matter of this Agreement, and they replace and override all previous and concurrent agreements or commitments related to this subject matter. The words "including" and "includes" in this Agreement mean "including but not limited to".