Terms of Use

Platform "BİZ BURADAYIZ"

Effective Date: (January 2023)

Introduction

Welcome to the platform "BİZ BURADAYIZ"

Please read the platform's terms of use and agree to them before using the platform

This is a legally binding agreement. Please read the agreement and the terms and conditions of use carefully before using the platform "BİZ BURADAYIZ" and all extensions and links related to the platform.

This agreement explains the rules that you must follow when using the platform "BİZ BURADAYIZ" and all extensions and links related to the platform.

Your use of the platform "BİZ BURADAYIZ" and all services available through it constitutes an express consent to this agreement and consent to all terms and conditions, privacy policy, refund policies, and disclaimer.

You acknowledge and agree that any use by you or by your device or your electronic account or any number that belongs to you for any of the services provided by the platform, and therefore if you do not agree to the terms and conditions, you must not use the platform.

The platform "BİZ BURADAYIZ" reserves the right to modify or update all or some of these terms and conditions and policies at any time, and these changes will be binding on the platform user automatically as soon as they are published. We will send notifications of any version we update on the platform and the updates contained in the agreement will take effect as soon as they are published. Your continued use of the platform "BİZ BURADAYIZ" constitutes your consent to what these new updates contain.

Definitions

The following definitions and terms in these terms and conditions have the meanings referred to unless the context requires otherwise:

"The platform", "The website", "We", "The speaker" or "The possessive pronoun": Refers to the platform or website or application "BİZ BURADAYIZ".

"The customer": Refers to every person or company or institution that registers on the platform "BİZ BURADAYIZ" and requests the services provided by the service providers.

"Service providers": Refers to any of the companies, institutions, and individuals who provide their services on the platform "BİZ BURADAYIZ" and these services include, for example (towing service - battery service - fuel supply service).

"The content": Refers to all audio, video, text, graphics, images, and any other materials that are entered, processed, or included through the platform "BİZ BURADAYIZ".

"The laws": Refers to the regulations and rules in force in Turkey.

"The agreement": Refers to these terms and conditions and what they contain of clauses in addition to the privacy policy.

Who we are

Platform (BİZ BURADAYIZ): It is an electronic platform owned by (BİZ BURADAYIZ) Commercial Company, which is officially and legally registered in the Turkish state, with a commercial register number (.........................)

Platform (BİZ BURADAYIZ) represents a link between customers (service seekers) and (service providers) by gathering the platform a selected elite of companies, institutions, and leading brands in providing emergency and roadside assistance services throughout the country.

Platform (BİZ BURADAYIZ) provides service providers with a marketing platform to promote and publish their services and facilitate their access to a large number of customers.

Platform (BİZ BURADAYIZ) provides customers with the ability to search for the services provided by service providers within the customer's geographic scope after reviewing the details of the service they wish to request.

Platform (BİZ BURADAYIZ) provides customers with the ability to compare and communicate easily and quickly with service providers by displaying all data of service providers and their ratings.

Platform (BİZ BURADAYIZ) provides customers with the following services for customers through the platform:

Our authority and responsibility

The platform "BİZ BURADAYIZ" does not have any supervisory or regulatory authority over service providers, nor does it act as a representative or agent for the customer or service provider, nor does it treat the platform as a service provider, nor does it bear responsibility for any communication between the parties.

In addition to emergency services, the platform will in the future add many and varied services that include delivery services, buying and selling cars, renting them, moving furniture, as well as car care and maintenance services and everything related to the world of cars.

Terms and Conditions of Registration (for the customer and service providers)

By using the platform "BİZ BURADAYIZ", you acknowledge, guarantee and agree to us as follows:

Terms and Conditions (for service providers)

First: The contractual relationship between (BİZ BURADAYIZ) and the service provider

All the provisions, controls and conditions published on the platform represent a legally binding contractual agreement between (BİZ BURADAYIZ) Commercial Company, which is officially and legally registered in the Turkish state, with a commercial register number (.........................) The owner of the platform "BİZ BURADAYIZ" and service providers through the platform, and it is a valid contract that completes the legal pillars and is not transferable, and its provisions and obligations are binding on them all, and no one may disclaim or terminate them as long as they produce their legal effects.

Your use of the platform and your agreement to the terms of use and all terms and conditions, privacy policy, refund policies, and disclaimer are an agreement to the contract between you and the platform "BİZ BURADAYIZ".

All legal effects binding on this contract are legally effective from the date of using the platform, and you become bound by them as your commitment to contracts concluded in writing, and they produce the same legal effects that these contracts produce.

The service provider and the platform are independent and neither party has authority or represents any party any authority to oblige the other party or act on behalf of the other party.

These terms were formulated in accordance with the systems in force in Turkey, and you are bound by all the provisions contained therein and you may not exclude any of its provisions.

Second: License (BİZ BURADAYIZ) for the service provider

The company (BİZ BURADAYIZ) owner of the platform "BİZ BURADAYIZ grants a non-exclusive license to the service provider to provide services through the platform, and (the service provider) does not have the right to waive others for services or referral from subcontracting for any of the services provided through the platform (fully or partially).

The primary responsibility lies with (the service provider who owns the account) who was granted the right to use the platform services.

A third party may not be introduced into the terms and conditions agreement except with prior written consent from (BİZ BURADAYIZ) or its representative.

The rights granted to you in this agreement are subject to specific restrictions, so you may not:

The license granted to you does not include any property rights on platform "BİZ BURADAYIZ" or any part thereof, or any service provided through it, nor does this license directly or indirectly indicate the existence of a partnership of any kind between company BİZ BURADAYIZ and any (service provider) in relation to using platform "BİZ BURADAYIZ" or its services.

Third: Commitments and Declarations

As a (service provider) by creating an account through the platform "BİZ BURADAYIZ" you acknowledge and agree to the following:

When you use the platform "BİZ BURADAYIZ" you agree (as a service provider) not to do the following:

Fourth: Contract duration and termination

The company (BİZ BURADAYIZ) terminates the contract immediately by stopping your use of the platform and the service in case of violation or breach of any condition or in case it becomes clear that you are abusing the platform or the platform customers.

The company (BİZ BURADAYIZ) is not obliged to send a warning before terminating the contract or suspending the account or deleting it or deleting the services. The service provider agrees that he does not have the right to claim any compensation for terminating the contract or suspending the account or deleting it or deleting the services.

The company (BİZ BURADAYIZ) also has the right to modify any condition of the terms and controls or change the service or application or stop it or cancel it completely and finally.

In case of failure of the company (BİZ BURADAYIZ) to take any actions towards any violations by the service provider or by any other person, this does not mean that the platform waives taking any legal actions regarding those violations, and we do not guarantee taking such actions against all possible violations of these terms.

Fifth: Service prices and payment

Service request and its value:

The platform shows the price of each service provided to the customer through the platform.

Requesting services through the platform results in imposing fees on you in exchange for the services you receive from the provider, which is referred to as service fees.

The platform facilitates you to pay the value of the service as an agent for collecting payments for the service provider.

Paying the service fee through the platform is as if payment was made directly from the customer to the service provider.

All fees paid by the customer and service values are refundable according to the refund policy on the platform.

Service value:

The prices depend on each service before ordering.

The price may vary depending on the region, time of service request, or problem inspection.

The service provider agrees that by providing any service from the services available through platform (BİZ BURADAYIZ) results in imposing fees on service provider for benefit of platform which is 10% in exchange for using service provider platform services providing service to customers who use platform.

As your income increases, the service fees you pay decrease, and fees include taxes applicable according to what is stipulated by law in Turkey and all fees paid by service provider to platform are final and non-refundable unless platform specifies otherwise.

Any fees incurred by you for providing services through platform must be paid by bank transfer or visa or master card or ayziko or cash payment and cash to service provider.

The company and platform (BİZ BURADAYIZ) have right to review fees and modify them with any of services and at any time without taking consent of service provider.

The company and platform (BİZ BURADAYIZ) also have right to offer offers and discounts to customers from time to time according to marketing plan.

The service provider is committed to pricing as it is in marketing offer and agrees to right of (BİZ BURADAYIZ) to change prices from time to time.

The service provider agrees that in case of discovering any fraud, manipulation or deception, he will be subject to stopping his services provided through platform and blocking them.

The platform is not responsible for any payment outside platform (BİZ BURADAYIZ) and unfortunately we will not be able to recover your money if you do so, nor do we bear responsibility for any payment made outside platform.

Cancellation and Refund Policy

The customer can cancel the service before confirming the order and refund the value of the service.

When the customer requests a refund of the amount in the wallet, the refunded amount will be transferred in the same way that payment was made through within 7 - 14 working days at most.

When providing the service to the customer, the customer cannot ask the platform to refund the value of the service.

If the service provider cancels the order or an emergency occurs, the order will be transferred to another service provider and if the service is not done, the value of the paid service will be returned to the customer's wallet on the platform.

If the customer receives assistance from the service provider after confirming the order and after accepting the order and starting work on it, the amount cannot be refunded.

If the customer requests a specific service and it turns out later that he needs another service with a lower price, the value of the service that was selected first will be charged.

A fine may be collected from the customer when canceling orders more than once in a short period of time in order to keep the platform running smoothly for everyone.

Content

When you provide or post any content on the platform, you agree to grant us a license and this license is free - permanent - transferable - irrevocable for publishing the content or dealing with it as follows:

When you use the platform "BİZ BURADAYIZ" you agree (as a service provider or customer) not to post the following:

Responsibility for published content

The company (BİZ BURADAYIZ) is not responsible for any content posted by users, uploaded, broadcasted, distributed, stored, or published on the platform directly or through another website and application, and the user alone is responsible for what he posts.

We do not bear any responsibility for any content posted or stored or uploaded in interactive spaces by you or by any third party or for any loss or damage resulting from it.

We do not bear responsibility for any errors, defamation - lies - abuse - or insults that you may encounter while using interactive spaces,

You agree to grant us the right to remove this content without prior notice and you are responsible.

Your use of interactive spaces or other pages of the platform in a way that violates the terms and conditions set forth here leads to your legal accountability and accountability is not limited to terminating your rights to use interactive spaces or the platform and ensuring cooperation with legitimate government requests , subpoenas and court orders , protecting other users , and our systems , we may access and disclose any information we believe is necessary or appropriate such as [ name - email address - traffic information - and usage date - and content submitted to the platform ]

If you have complaints about the content posted by a user , uploaded , broadcasted , distributed , stored , or caused in any way by posting on the platform directly or through another website and application , you must file a complaint against the user and not against (BİZ BURADAYIZ) as we are considered an intermediary party and a linking platform that does not bear responsibility for user violations .

User information and purpose of collection

In order to achieve the maximum benefit from the platform services, we will collect the following data and information from (the customer and the service provider):

The purpose for which we collect information:

Safety and security information

We at the platform pledge our continued commitment through our policy of safety and reliable use of the platform.

When using the platform, you must take the following precautions:

Sharing information with third parties

We at (BİZ BURADAYIZ) sometimes in some circumstances may be asked by government or judicial authorities to share information with them for the purpose of verifying legal claims or meeting national security requirements, or implementing judicial rulings or otherwise, so the platform has the right to share personal information or data required with them.

The company (BİZ BURADAYIZ) also has the right to share personal information with another party in order to take action on illegal or fraudulent activities suspected or cases where there are threats to the platform or its employees or the safety of any person or in cases of violation of the terms and conditions agreement or privacy policy or according to what is required by the laws and regulations in force and applicable in Turkey.

You agree to allow (BİZ BURADAYIZ) to share your information and data with any third party in accordance with what is specified in this agreement, and you do not have the right to object to that or file any claim of any kind before any party.

Legal liability and disclaimer

We at (BİZ BURADAYIZ) are not responsible for any damages resulting from the inability to use electronic means of communication with the platform.

Users of the platform (the customer and the service provider) are committed to comply with all the laws of Turkey and any breach or violation you are solely responsible.

You agree to indemnify us for any losses or damages resulting from non-compliance or due to violation of the platform use agreement and terms and conditions, and the defaulting party must bear the costs and expenses of direct and indirect lawsuits.

You agree that you use the platform "BİZ BURADAYIZ" at your own personal responsibility.

The content, information and any materials on the platform "BİZ BURADAYIZ" are provided on a fixed "as is" and "as available" basis, without any warranties or commitments of any kind, whether express or implied.

We do our best to ensure the availability of the platform "BİZ BURADAYIZ" for use at the specified time, but we do not bear responsibility in case of any possible or emergency or sudden interruption due to -for example but not limited to- periodic maintenance or technical problems or other similar reasons.

You agree to exempt the company and platform "BİZ BURADAYIZ" and its employees and directors in all cases from liability for losses or damages direct or indirect or consequential or incidental resulting from any type of claims or compensation or obligations as a service provider only for a specified commission and not a party to the service delivery process between the service provider and the customer

The relationship between the company (BİZ BURADAYIZ) and the service provider is a mediation relationship for a commission for (BİZ BURADAYIZ), therefore the service provider is independent of (BİZ BURADAYIZ)

The service provider remains solely responsible to the customer for any damages or losses resulting from the services provided by the service provider

The service provider remains solely responsible to any third party for any damages or losses resulting from the services provided by the service provider to the customer

The service provider agrees that using the platform or his inability to use it will not be in the future a basis or evidence for any claim or financial claim of any kind.

The service provider is responsible for the quality of his required service and does not bear (BİZ BURADAYIZ) any responsibility arising from his negligence or violation in implementing the service or customer's property and he alone is responsible for any compensation resulting from that.

If there are any comments on the service provider, they must be submitted in his service evaluation in order to take the necessary action against him by the platform, and the company (BİZ BURADAYIZ) does not bear any behavior or negligence from the service provider, and does not provide any guarantees regarding the services provided by him on the platform.

11) Electronic communication

You agree to us sending notifications by e-mail regarding updates, security alerts, support messages and other administrative messages.

You agree that all notices and other communications that we provide to you electronically meet any legal requirements as if these communications were written

Anyone who wishes to express any comment or inquiry or any question addressed to us about the platform, please feel free to contact us through the available means announced on the platform.

12) Termination policy

We reserve the right to terminate your use of the platform immediately in case you breach any clause of this agreement or in case you engage in unacceptable behavior.

The company (BİZ BURADAYIZ) is not obliged to send a warning before terminating the contract or suspending the account or deleting it or deleting the services. The service provider agrees that he has no right to claim any compensation for terminating the contract or suspending the account or deleting it or deleting the services.

13) Intellectual property rights

The company "BİZ BURADAYIZ" retains all rights, ownership and trademarks on the platform "BİZ BURADAYIZ" and other rights (collectively referred to as "intellectual property"), which are protected by intellectual property and trademark laws.

You are not entitled to use any of these rights or trademarks without prior written consent from the company "BİZ BURADAYIZ"

14) Applicable law and jurisdiction

Governing law: The terms and conditions of the customers are subject to and interpreted in accordance with the laws in force in Turkey.

Jurisdiction: The Turkish courts have exclusive jurisdiction in any dispute or disagreement that may arise under these terms.

15) Severability

If any clause of these terms is deemed invalid or illegal or unenforceable, this clause will be separated from these terms and the remaining clauses will remain valid and effective as long as the legal and economic essence of the transactions made under their terms remains without any adverse effect on the parties.

16) Electronic signature

Your use of the platform "BİZ BURADAYIZ" or registering an account or clicking to accept these terms and conditions when requested is an electronic signature on these terms, and an explicit consent from you to all the terms contained therein, and these terms are legally enforceable against you from the date of registering the account or using the service or from the date of clicking to accept the terms and conditions.

17) Transfer of rights and obligations

The company BİZ BURADAYIZ has the right to transfer all its rights under these terms to a third party without any objection from the customer or service provider provided that this third party agrees to abide by these terms.

18) Entire agreement

The use agreement, terms and conditions and privacy policy of the platform (BİZ BURADAYIZ) constitute the entire agreement between you (the customer or service provider) and BİZ BURADAYIZ regarding the use of the platform, and supersede any previous agreements or versions of these terms.

19) Consent and acknowledgment

You acknowledge reading the use agreement and privacy policy and agree to abide by its provisions.

Privacy Policy

For the platform "BİZ BURADAYIZ"

Effective date: January 2023

Introduction

Please read this privacy policy carefully before entering and using the platform "BİZ BURADAYIZ". The privacy policy applies to all uses (the customer and service provider) of the platform "BİZ BURADAYIZ". All the provisions contained in the privacy policy represent a legal binding contract between the company (BİZ BURADAYIZ) registered officially and legally in Turkey, with a commercial register number (.........................) the owner of the platform "BİZ BURADAYIZ" and service providers and customers registered through the platform, and it is a valid contract completed by the legal pillars and it is not transferable, and its provisions and obligations are binding on them all, and no one may disclaim or terminate them as long as they produce their legal effects. All legal effects binding to this policy are legally effective from the date of using the platform, and become binding on you as your commitment to contracts concluded in writing, and produce the same legal effects produced by these contracts. These terms were formulated in accordance with the laws in force in Turkey, and you are obliged by all the provisions contained therein and you may not exclude any of its provisions. Use (the customer or service provider) of the platform "BİZ BURADAYIZ" is an agreement to the privacy policy.

Definitions

Acknowledgment and consent

By using the platform "BİZ BURADAYIZ" you acknowledge that you have read and understood this policy, and expressly agree to the following:

Terms and Conditions for Privacy Policy

The privacy policy applies to all uses (the customer and service provider) of the platform "BİZ BURADAYIZ". We collect personal information from those who wish to use the platform, including requesting and providing services, browsing, or contacting our customer service team by phone or email.

Providing (the customer or service provider) to the platform with their personal information is an agreement to the privacy policy and consent to the processing of this information in accordance with the terms and conditions of the privacy policy.

The platform will use the information collected according to the system, law, use agreement, and privacy policy.

When (the service provider) receives any information related to the customer, they are responsible for keeping it and not misusing it in any way.

The platform "BİZ BURADAYIZ" will use the personal data collected for the following purposes:

The platform is committed to requesting consent (the customer or service provider) always before using their personal information for purposes other than those purposes stated in the privacy policy or in the rest of the terms and conditions agreement.

When completing the service, the platform will display the customer's number to the service provider as a means of communication and the platform is not responsible for misuse of data by the service provider.

You agree to grant us the right to allow platform employees and providers to deal with your personal data within the limits of providing platform services.

You agree to allow the platform "BİZ BURADAYIZ" to retain data for as long as necessary to achieve the purposes for which they were collected.

The customer agrees to exempt the company "BİZ BURADAYIZ" from liability in case of any disclosure of their data by service providers.

The platform has the right to modify the privacy policy or part of it at any time and if any new features or tools are added to our services, they will also be subject to this policy and be complementary to it.

The modified version of the privacy policy will be effective from the date of publication.