SERİM MANAGEMENT SYSTEMS SOFTWARE TEKNOLOJİLERİ İNŞ.TUR.LTD.ŞTİ.
USER AGREEMENT
THE USER DECLARES THAT HE HAS READ THE FOLLOWING USER AGREEMENT BEFORE USING THE PRODUCTS AND SERVICES OFFERED BY SERİM, AND ACCEPT ALL PROVISIONS OF THE AGREEMENT WITH ELECTRONIC APPROVAL. THE USE OF THE LAYING APPLICATION AND TOOLS AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES ARE SUBJECT TO THE TERMS AND CONDITIONS SHOWN HERE.
This Agreement has been concluded between the following parties:
Headquarters of the company GÖRÜKLE MAH. ULUTEK TECHNOLOGY DEVELOPMENT ZONE UNIVERSITY-1 CAD. SERİM YÖNETİM SİSTEMLERİ YAZILIM TEKNOLOJİLERİ İNŞ.TUR.LTD.ŞTİ. registered at 933/229 16285 NİLÜFER BURSA/TÜRKİYE. (MERSİS NO: 0762029050500017) (hereinafter referred to as “SERİM”) and resident at the address stated below (hereinafter referred to as “USER”). (SERİM and the User will each be referred to separately as the Party and both together as the Parties.)
HEY! The SCOOTER vehicle is an electric scooter vehicle that needs to be charged periodically, which makes short-distance transportation easier and environmentally friendly.
HEY! SCOOTER mobile application is an electric scooter rental application.
1.Scope of the Contract:
The purpose of this contract; HEY! It is the determination of the terms and conditions regarding the use of the SCOOTER mobile application and the tool, and the determination of the Parties’ mutual rights and obligations. SERİM has the authority to unilaterally change the user obligations and instructions within the scope of the Agreement. Announced via mobile application or HEY! Notifications of changes made to the USER by means of communication approved by SCOOTER are binding on the Parties.
2.Confirmation of the Contract:
HEY! By entering the SCOOTER mobile application and filling in personal information, you become a USER. The USER declares and undertakes that all the information provided during the application is complete, truthful and up-to-date.
HEY! SCOOTER user, HEY! To start using the SCOOTER mobile application, you accept this User Agreement. by USER HEY! With the use of the SCOOTER mobile application, all the provisions shown here are deemed to have been accepted by the USER.
- ABOUT PAVEMENT TOOLS:
HEY! SCOOTER vehicles are privately owned by SERİM YAZILIM TEKNOLOJİLERİ İNŞ.TUR.LTD.ŞTİ.; The USER or third parties cannot be confiscated, detained or held in custody due to their debts.
USER, HEY! He accepts that he knows that there are systems that provide geographical location identification, especially the vehicle tracking system, in SCOOTER vehicles.
4.SERİM User System:
4.1. Rental Form: USER, HEY! You can access the closest vehicle to your location via the SCOOTER mobile application. HEY! The barcode on the SCOOTER tool must be read. After the journey is completed, the USER will park the HEY SCOOTER in places that will not hinder the traffic and pose a danger, lock it, and undertake to end its journey via the mobile application. HEY! SCOOTER can provide service provided that the vehicles are available. It does not guarantee the availability of available vehicles at any time slot. The USER agrees and undertakes to deliver the vehicle on time and completely so that other users can benefit from the service.
4.2. USER, HEY! By using the SCOOTER vehicle by following the traffic rules and without danger; is responsible for not using the vehicle in areas where the use of the vehicle is prohibited and dangerous. Otherwise, it accepts, declares and undertakes that it is solely responsible for any damages that may arise.
4.3. Usage Period: The maximum rental period for a trip is 24 hours as a rule. The USER undertakes to lock the vehicle and end its journey within 24 hours.
4.3.1. Trips exceeding 24 hours: If 36 hours have passed since the rental date, the trip has not been terminated by the USER and the rental amounts have not been collected from the USER’s credit card registered in the system, the vehicle is considered as stolen by SERİM. In this case, unless the USER proves that the vehicle has been stolen by a third person without fault, SERİM may demand compensation for the damage caused by the failure to lease the vehicle again, or may apply to legal proceedings for criminal prosecution due to the vehicle being considered stolen.
4.4. Parking Type: When the journey is completed, the USER agrees and undertakes to park the SERİM vehicle in a public and visible area in accordance with the traffic rules in force. If the vehicle is parked in a private property area, a locked area, a non-public area or any area that will prevent other users from accessing it, a parking fine of 50 TL will be charged to the customer. The USER is responsible for all damages that may arise from not being able to rent again. In this case, in addition to all kinds of damages of SERİM, the USER agrees and undertakes to pay a penalty of 750,00-TL for every 24 hours that the SERİM vehicle cannot be rented. The USER accepts and undertakes that the penalty fee shown here can be deducted from the package balance, and can be collected, demanded and sued using the credit card information he has also notified.
However, the USER will be solely responsible for the criminal and administrative sanctions that may arise due to the USER’s illegal behavior such as parking the vehicle in violation of traffic rules.
4.5. Charge Status of the Vehicle:
4.5.1. In general: The vehicle’s charge level is HEY! It can be tracked through the SCOOTER mobile application. It is the USER’s responsibility to control the charge level in the vehicle and to determine and determine if it is sufficient for the distance to be traveled.
USER;
The charge level of the vehicle will decrease with use and accordingly the vehicle’s speed and operational
their abilities will decrease,
The rate of loss of charge level may vary according to usage, road and weather conditions,
Even if the USER has not reached the target point, the vehicle’s charging power reaches 10%.
will become inoperative,
If the ride is not closed and we are not told the reason for not being closed, the more the ride is left open, the more fee will be charged,
SERİM accepts and undertakes that he knows that he does not give any guarantee to the USER in these matters and therefore cannot make any claims from him under any name.
4.6. USER, HEY! While using the SCOOTER tool; will be respectful to the environment, third parties and other living things, know the rules stipulated in the legislation for bicycles and electric bicycles in matters related to the operation of the vehicle (driving rules, parking rules, etc.), traffic rules foreseen in the legislation for bicycles / electric bicycles and for electric scooters without limitation. accepts and undertakes that he will follow all the rules regulated/to be regulated in the contract and legislation, that he will abide by these rules, and that he is solely responsible for all kinds of damages that may arise due to his actions against these rules.
4.7. Pricing:
4.7.1. Entering Card Information into the System: The USER must submit a valid card number and the relevant card information to be requested, and Masterpass Payment Services A.Ş., which provides the payment service infrastructure. (hereinafter referred to as “Masterpass”) enters the system provided by. In order for the USER to start the journey, the card information must be saved in the system offered by Masterpass. The total service fee calculated at the end of the journey is collected through Masterpass. By signing this agreement or accepting it electronically, Masterpass accepts that it is authorized to collect usage fees using this information. The card information of the USER is not stored by SERİM, and SERİM is not responsible for any unauthorized use of credit card information. Payment infrastructure is provided by Masterpass. The USER accepts the transfer of his personal information, service-related information and payment information to Masterpass and the processing and storage of his personal data by Masterpass in accordance with the Masterpass privacy policy. The USER must immediately notify SERİM in writing of any changes in card information and possible card theft. SERİM is not responsible for direct or indirect damages arising from the late notification of the USER or SERİM for card thefts.
4.7.2. Usage Fee: USER, HEY! The prices offered in the SCOOTER mobile application interface are purchased with a credit card using the Masterpass system. According to the provision of this article, usage fees are collected from the user’s credit card at the end of the trip. At the end of the trip, the opening fee, the minute fee and the total travel fee are calculated from the announced price list. Under no circumstances will the flat fee be refunded. If a refund is required due to any system problem, the reflection of the refund to the USER’s account due to banking transactions takes place within an average of 5 (five) business days. The USER accepts and declares that he/she knows this situation and cannot claim any right, receivable or compensation from SERİM directly or indirectly due to late return.
4.7.3. The Moment When the Charge Begins and Ends: The charging process will start when the USER scans the barcode (QR code) on the mobile application into the system, and will end when the journey is completed and the rental is completed through the application.
If the USER does not terminate his or her journey through the mobile application, the usage fee continues to be processed at the announced TL/minute. In case the journey exceeds 24 hours and the excess amount cannot be collected from the USER’s credit card, Article 4.3.1 of the Contract. will find application.
If the USER forgets to lock the vehicle, he cannot claim that the vehicle is used by third parties without his knowledge.
If the scooter is not properly locked to the pole, a penalty of 50 TL will be applied.
HEY! Failure to return the SCOOTER vehicle is an exception to this rule. In order for this exception to find application, the USER’s status immediately HEY! Notify SCOOTER, the situation is HEY! Approval by SCOOTER and the vehicle is HEY! It must be checked and received undamaged by SCOOTER.
4.7.4. Failure to Collect from the Registered Credit Card: If the balance debt of the USER cannot be collected from the credit card despite more than one attempt, the said amount is considered as a delayed payment and is subject to Article 4.7.8 of the Agreement. Default interest is charged on the overdue debt (from the date of the first attempt, when the usage is terminated but the credit card cannot be withdrawn). The failure to demand the default interest by SERİM cannot be interpreted as waiving this right in any way.
4.7.5. Penal Clause: Without prejudice to the contractual compensation right, HEY! SCOOTER; It collects the following penal clause amounts from the USER in cases of user-induced errors such as damaged vehicles, lost vehicles, incorrect parking, and breach of contract.
The USER knows this situation; To act in accordance with the provisions of the contract and legislation; otherwise, SERİM will deduct the following penal clause amounts. will pay this amount with the first request of SERİM; otherwise, SERİM acknowledges, declares and undertakes that it is aware of the fact that in addition to its right to indemnify its damage arising from breach of contract, the amount of penal clause can also be demanded and collected by legal means.
! USER, HEY! If the SCOOTER application does not park within the borders of the map, it pays a penalty fee of 50.00 TL.
! USER, HEY! If the SCOOTER delivers its vehicle damaged, the price in the requested appraisal report will be requested.
! HEY! The SCOOTER vehicle is single-seater. USER, HEY! Uses the SCOOTER tool with someone else, that’s HEY! If it is learned by SCOOTER, the USER pays a penalty fee of 100.00-TL.
! In case of losing HEY SCOOTER, the USER shall pay 25,000,00-TL penalty fee to SERİM MANAGEMENT SYSTEMS.
4.7.6. Delay Interest: In case the USER does not fulfill its debts arising from this Agreement on time or the payment cannot be received from the credit card he has notified, a 5% delay interest is applied for each month of delay.
4.7.7. Objection to the Calculated Service Fee: The USER who wishes to object to the service fee calculated and collected/debited at the end of the trip, together with a written petition containing all the information and justifications regarding the approximate travel time and usage time; SERİM is obliged to notify the address specified in this contract within 7 (seven) days from the day of the journey. Objections made in due time, SERİM’s commercial books and records, technical records, vehicle tracking system records, HEY! SCOOTER mobile application system records, usage area camera records are examined and evaluated. Within 7 (seven) days after the USER’s objection is determined to be justified, the incorrectly collected service fee is returned to the USER’s account. The USER declares and undertakes that he/she knows and accepts that he/she cannot make any compensation, interest and other claims from SERİM due to late return.
4.7.8. If the USER’s smart mobile phone is stolen or lost, a request for deletion of the information in the system should be created by notifying SERİM. Otherwise, SERİM cannot be held responsible if the application is used by third parties.
- SERİM Terms of Use:
5.1. Age Limit: Minors HEY! Cannot be a SCOOTER User. With parent/guardian approval HEY! SCOOTER user is not possible. The provision of Article 7 will apply to those who register in the system by filling in their identity information incorrectly.
5.2. User Attributes: HEY! Once the SCOOTER user signs this Agreement, HEY! SCOOTER accepts and undertakes in advance that he knows the way of driving the vehicle and the basic traffic rules, that he can drive the vehicle in terms of its physical characteristics and that he is over 18 years old and competent. Vehicles owner’s manual, HEY! It will be presented to users in detail on the SCOOTER mobile application.
5.3. Use of Helmet and Protective Clothing: The USER is obliged to follow all the rules regarding the use and operation of the electric scooter and is also obliged to follow the driving rules in accordance with the relevant legislation. USER, HEY! While using the SCOOTER vehicle, he/she should obtain all the necessary accessories to ensure safe driving, including protective helmets, knee pads, elbow protective clothing, protective glasses that will not prevent vision, etc. and use it while traveling. HEY! SCOOTER does not recommend the quality and safety specifications of any brand of helmet and protective clothing. The risk of supplying the product and choosing the product belongs to the USER. The USER accepts and undertakes that he will follow the local traffic laws regarding the requirements of protective clothing and act in accordance with the laws, that he knows that the responsibility arising from the choice of protective clothing or the choice of using protective clothing is exclusively on him.
- General Rules:
6.1. Communication with the User: The USER, as a requirement of the job, HEY! It accepts to receive notification messages (SMS) and e-mails from SCOOTER. In order to maintain a healthy communication with the USER, this situation cannot be demanded otherwise during the user period. The approval mentioned in this article covers electronic messages for informational purposes only and is not commercial electronic message approval.
6.2. USER’s Obligation to Use With Care: The USER is obliged to use the SERİM vehicle with the utmost care. The USER returns the vehicle to SERİM as received. The USER undertakes not to disassemble any part of the vehicles in SERİM’s product, not to damage it, not to destroy any labels and writings on the vehicle.
He is solely responsible for all damages that may arise as a result of his violation of this rule. However, in case of detection of a violation, the contract between the USER and SERİM is terminated unilaterally by SERİM. USER again HEY! Cannot be a SCOOTER mobile app user. Failure to terminate the Agreement by SERİM cannot be interpreted as waiving its right to indemnify its damage. On the other hand, the USER will not be responsible for ordinary wear and tear caused by use.
6.3. Prohibition of Commercial Use: It is prohibited to use the vehicle for any commercial purpose without the express written consent of HE!Y SCOOTER.
6.4. HEY! Scooter’s Usage Right is Not Transferable: HEY! SCOOTER cannot allow third parties to use its vehicle. In case the contrary is determined, Article 7 of the Convention finds application. In this case, the USER is jointly and severally responsible for any damage that may occur.
6.5. USER, HEY! The SCOOTER cannot use its vehicle in a way that can be considered a crime, in illegal works, under the influence of alcohol or drugs. In case of violation of this provision, Article 7 of the Convention shall apply. In this case, the USER is again HEY! Cannot be a SCOOTER user. In this case, the USER is responsible for any damage that may occur.
6.6. USER’S Obligation to Notify:
6.6.1. HEY! SCOOTER undertakes that the features mentioned in the Agreement exist. However, HEY! If it is understood that the SCOOTER vehicle was delivered as damaged by the previous user, the USER immediately states this as HEY! reports to SCOOTER.
The USER is obliged to perform the basic safety check before using the tool. (Wheels, tyres, soundness of wheels, all brakes and lights working, adequate battery charge, any signs of damage, unusual wear, other obvious mechanical damage and maintenance need). The USER, who receives the vehicle that is not suitable for use, has the right to return it free of charge within 5 minutes. In this case, he can rent another agent from the system free of charge. If there is no other vehicle in a nearby location or suitable for use, no fee can be collected from the USER. However, the USER who uses the vehicle even though it is defective and/or does not report the situation cannot request a refund later.
The USER who receives the damaged vehicle does not report this situation, an accident occurs during the journey.
The USER is solely responsible for any damages that may arise.
6.6.2. USER, HEY! While he was renting his SCOOTER vehicle, another HEY! Material damage and other situations as a result of an accident with the SCOOTER vehicle or otherwise, immediately HEY! reports to SCOOTER. HEY! It is the USER’s responsibility to keep the vehicle safe until the SCOOTER officials arrive. USER, in this case HEY! He agrees and undertakes that he will assist SCOOTER and be there personally in the transactions to be made with the law enforcement, and will participate while the accident report is kept.
The USER accepts that he/she is solely responsible for material and moral losses such as damages, costs and expenses, fines, injury caused by the accident caused by his own fault and that he knows that he cannot recourse to SERİM.
6.6.3. By a third party HEY! In the event that the SCOOTER vehicle is damaged or stolen, the USER is subject to the obligations specified in Article 6.6.1. Otherwise, the USER will be responsible for any damage to the extent of his fault.
6.7. HEY! The total carrying capacity of the SCOOTER is a maximum of 100 kg. The USER can carry a total of 100 kg, including its own weight, while using the HEY SCOOTER. The USER shall be solely responsible for any damages that occur as a result of his violation of this rule. The carried cargo (backpack, briefcase, computer bag) must be positioned adjacent to the USER’s body. Otherwise, the vehicle may become inoperable, driving will not be safe, and the USER will be solely responsible for all damages that may arise.
6.8. The contract clause above is about ordinary cargo items (backpack, computer bag, briefcase, etc.), and HEY! It is forbidden to use the SCOOTER vehicle for heavy works such as freight transportation, towing and pushing any vehicle. The USER accepts that he/she is aware of this provision and shall be solely responsible for the damages that may arise from his/her violation of the provision.
6.9. HEY! The SCOOTER vehicle cannot be used for speed testing, motor sports and similar activities. The USER is solely responsible for any damage that may occur in case of use.
6.10. HEY! Getting on public transportation vehicles with the SCOOTER vehicle and transporting HEY SCOOTER with a private vehicle are prohibited by this Agreement, and the USER will be exclusively responsible for any damages that may arise from the USER’s misconduct.
6.11. HEY! The SCOOTER vehicle should not be used in bad weather and bad road conditions. It is the USER’s responsibility to adjust the driving style, braking distance and similar elements according to weather and road conditions, and he will be solely responsible for any damage that may arise as a result of using it contrary to this rule or incorrectly.
6.12. HEY! SCOOTER cannot be held responsible for road condition and environmental conditions in any way.
6.13. HEY! It is forbidden to use distracting devices such as mobile phones, music players, tablets while using the SCOOTER vehicle. HEY! As SCOOTER will not be responsible, HEY! Any damage to the SCOOTER vehicle will be compensated by the USER.
6.14. HEY! SCOOTER cannot be held responsible, directly or indirectly, in any way.
- Termination of Contract:
7.1. Request of the Parties: SERİM may terminate the Agreement at any time without notice and with a unilateral declaration of will. In case of termination of the contract, the receivables of the parties from each other are not affected by this situation.
7.2. USER’s Unlawful Behavior: In case of detecting the USER’s behavior contrary to this Agreement and the instructions in the Agreement, HEY! The USER record is immediately deleted by SCOOTER. If it is understood that the USER has a balance debt, the remaining debts are collected in accordance with the Agreement.
- Retention of Information and Obligation of Proof:
The user information registered in the SERİM system is kept for (10) years, subject to the SERİM KVK Policy and Data Retention and Destruction Policy. The data stored in the SERİM system and the user records constitute binding and conclusive evidence in any dispute arising from the performance of this Agreement.
- Intellectual Property Rights:
9.1. HEY! All the copyrighted elements of the SCOOTER application such as logo, design, image, html code belong to SERİM. The USER cannot use, reproduce, distribute, imitate these elements for commercial purposes.
9.2. All rights of SERİM regarding its assets, real and personal rights, commercial information and know-how, including all kinds of material and intellectual property rights, are reserved.
- Applicable Law and Competent Courts and Enforcement Offices
This Agreement is subject to the laws of the Republic of Turkey. Bursa Courts and Enforcement Offices are authorized to resolve any dispute that may arise from the performance of the contract.
- Notification Addresses:
All notifications to SERİM are sent to GÖRÜKLE MAH. ULUTEK TECHNOLOGY DEVELOPMENT ZONE UNIVERSITY-1 CAD. It will be sent to 933/229 16285 NİLÜFER BURSA/TÜRKİYE. The USER enters the notification address into the system while filling in the address information. All notifications arising from the Agreement are made to these addresses. In case of a change of address of one of the parties, this situation must be notified to the other party immediately. Otherwise, the notifications made to the old address are considered in accordance with the procedure.
- Evidence Contract:
In all disputes arising from this contract, SERİM YAZILIM TEKNOLOJİLERİ İNŞ.TUR.LTD.ŞTİ.’s commercial books and records, technical records, vehicle tracking system records, SERİM mobile application system records, usage area camera records, user information registered in SERİM system and parties. Written notifications between
- Effectiveness:
This Agreement enters into force between the parties indefinitely after the USER fills out the user registration form.