1. TERMS OF USE
To use the website www.otoyolcu.com, please read the conditions written below. By visiting the www.otoyolcu.com website and/or using its mobile applications (the website and/or mobile applications will hereinafter be referred to as the "Portal") and/or as a "Member", you acknowledge that you have read these "Terms of Use" and fully understand its content. , You accept, declare and undertake that you unconditionally and unconditionally accept all the matters specified in the "Terms of Use" and in the "Portal" and that you will not put forward any objections or defenses regarding all matters specified in the "Portal". If you do not accept these terms, please stop using the "Portal".
1.1. The owner of this "Portal" is OTOYOLCU BİLİŞİM TEKNOLOJİ ARACILIK VE TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as "OTOYOLCU"), located at the address of "Çiğdede Mahallesi mehmet aslan street no 139 samandağ/hatay". The services offered on the "Portal" and specified in article 3 of these "Terms of Use" are provided by the "OTOYOLCU".
1.2. "OTOYOLCU" can change these "Terms of Use", any information and "Content" in the "Portal" at any time without any notice or notification to the "USER". These changes will be published on “www.otoyolcu.com” periodically and will be valid on the date of publication. Every natural or legal person who benefits from the "Portal" services by paying a certain price or free of charge, or accessing the "Portal" in any way, is deemed to have accepted the "Terms of Use" and any changes made by "OTOYOLCU" to these "Terms of Use". . These "Terms of Use" are published on the www.otoyolcu.com website; Access is made possible by every natural or legal person using the "Portal".
2. DEFINITIONS
“Portal”: The website where “OTOYOLCU” offers its “Services”, consisting of the domain name www.otoyolcu.com and the subdomains connected to this domain name.
“User”: Every natural or legal person accessing the “Portal”.
“Member”: “User” who is a member of the “Portal” and benefits from the services offered within the “Portal” within the conditions specified in this contract.
“Membership”: It is the status gained by the “User” who wants to become a “Member”, by filling in the membership form on the “Portal” with correct and real information, by the approval and notification of the identity information given by the “OTOYOLCU”. It is not possible to have the right and authority to become a "Member" before the membership process is completed. “Membership” rights and obligations are those rights and obligations that belong to the applicant and cannot be partially or wholly transferred to any third party. The "Membership" application may be rejected by the "OTOYORCU" without giving any reason, or additional terms and conditions may be requested. If the "AUDITOR" deems it necessary, it may terminate the "Membership" status of the "Member", and may not accept the "Membership" application to be made later by the "Membership" terminated for any reason.
"OTOYOLCU Membership Account": The Member can perform the works and transactions necessary to benefit from the services offered in the "Portal", make a request to "OTOYOLCU" regarding the "Membership", update the "Membership information, view the reports on the services offered," and the "username" and "password" that he undertakes to be used exclusively by him, and the "Member"-specific web pages that he accesses through the "Portal".
“OTOYOLCU Services” (“Service”): Applications offered by “OTOYOLCU” in order to enable the “Member” within the “Portal” to perform the works and transactions defined in this contract. "OTOYOLCU" can make changes and/or adaptations to the "Services" offered in the "Portal" at any time. The rules and conditions that the "Member" is obliged to comply with regarding the changes and/or adaptations made are announced to the "Member" from the "Portal", and the announced terms and conditions come into force on the date they are published on the "Portal".
“Content”: Any information, text, file, picture, video, figure, etc. published on the “Portal” and accessible. visual, written and auditory images.
"AUTO PURPOSE Interface": Used by "Users" in order to view the content created by the "OTOYOLCU" and "Members" by the "Users" and to query them from the "OTOYOLCU Database"; Websites that give commands to the computer program to carry out all kinds of operations that can be done on the "Portal" within the designs protected under the Law on Intellectual and Artistic Works No. 5846 and whose intellectual rights belong to "OTOYOLCU".
“OTOYOLCU Database”: It is the database protected in accordance with the Law on Intellectual and Artistic Works No. 5846 belonging to “OTOYOLCU”, where the contents accessed within the “Portal” are stored, classified, queried and accessed.
3. PASSENGER SERVICES
3.1. "OTOYOLCU" ensures that the contents uploaded to the "OTOYOLCU Database" by "Members" can be viewed by "Users" through the "OTOYOLCU Database" by using interfaces.
3.2. "OTOYOLCU" provides various types of listing services that prioritize the display of advertisements in order to enable "Users" to access "Member" advertisements more easily within the "Portal".
3.3. "OTOYOLCU" provides reporting services under various categories for the transactions performed within the "Portal" and the number of views.
3.4. "OTOYOLCU" reserves the right to add new services to the services it provides within the "Portal", to change the scope and delivery conditions of the existing services and the "Content" accessed within the "Portal" at any time, to close and delete the access of third parties. "OTOYOLCU" can use this right in any way it wants without giving any notice and giving priority.
4. TERMS AND OBLIGATIONS REGARDING THE USE OF THE PASSENGER PORTAL
4.1. "Users" can take action on the "Portal" for lawful purposes. The legal and criminal responsibility of "Users" in every transaction and action within the "Portal" will belong to them, and "OTOYOLCU" has no responsibility for such legal and penal obligations. "User" accepts, declares and undertakes that there is no
4.2. “Portal” works on the basis of displaying "Content" uploaded to "OTOYOLCU Database" by "Members". "OTOYOLCU" does not guarantee the accuracy, authenticity, safety and legality of the advertisements and "Content" displayed by the "Users" under any circumstances. The “User”s accept and declare that “OTOYOLCU” does not have any responsibility due to the said announcement and “Content” and that “OTOYOLCU” will not be liable for any compensation for any damages that may arise.
4.3. "USER" shall not reproduce, copy, distribute, process any kind of pictures, texts, audiovisual images, video clips, files, databases, catalogs and lists contained within the "PORTAL", and shall not engage in any commercial activity by performing such actions; accepts and undertakes that it will not directly and/or indirectly engage in acts and transactions that constitute unfair competition.
4.4. "Users" within the "Portal" will not engage in activities that will lead to unfair competition in accordance with the provisions of the Turkish Commercial Code, that "OTOYOLCU" and third parties will not carry out acts that will damage the personal and commercial reputation, infringe or attack personal rights, comply with the legislation, public order and general moral rules. It accepts and undertakes that it will act in accordance with the legislation, will take the measures and procedures required by the legislation, and will not engage in illegal, criminal, irritating, damaging personal rights, infringing intellectual rights, copyrights, trademark rights and property rights.
4.5. "Users" are obliged to use the information they access within the "Portal" only for the purpose of the "Member" or "OTOYOLCU" disclosing this information, and to display them for non-commercial purposes. The contact information in the advertisements entered by the Advertiser Member can be used to communicate in order to obtain information about the advertisement. Personal data and/or special quality personal data belonging to the advertiser or third parties, which are protected under the Law on the Protection of Personal Data No. 6698, which may be included in the advertisement, cannot be used for any other purpose, copied, directly or indirectly published in other channels, processed, distributed, It cannot be transferred to other databases and opened to third parties' access and use.
4.6. "OTOYOLCU" has a "Location Provider Activity Certificate" in accordance with Law No. 5651. In order to comply with the obligations imposed on the "Location Providers" in accordance with the Law No. 5651 and the relevant legislation, it records and stores the records of the "Users" on the "Portal" within the legal period, as specified in the relevant legislation.
4.7. "OTOYOLCU" may use, process, share, disclose, classify and store the "User" information on a database, use it for promotional and informative communication activities, marketing activities and for statistical analysis. "HIGHWAY" at the same time; It may also use information such as the user's IP address, which parts of the "Portal" he has visited, domain type, browser type, date and time, for statistical evaluation and to provide personalized services and offers. ”OTOYOLCU” may transfer User information to the companies it cooperates with in order to conduct research to improve their processes, create a database and conduct market research, and User information may be processed by these companies, limited to the above-mentioned purposes.
4.8. OTOYOLCU, for the purpose of online behavioral advertising and marketing, associating the behavior of the user on the site with a cookie in the browser and defining remarketing lists based on metrics such as the number of pages viewed, visit time and target completion, using marketing automation tools and user-specific has the right to forward messages/offers and suggestions. It can then show this user targeted advertising content on the site or other sites in the Display Network, based on the interests of the users. In addition, Google may place cookies on Google USERS' browser or read the cookies contained therein or use web beacons to collect information during the redirection of AFS advertisements to OTOYOLCU.
4.9. Access to the database where the content accessed and/or viewed through the "Portal" is stored only for the purpose of displaying the relevant content and/or by third parties within the framework of "OTOYOLCU"'s "Terms of Use" is legal. Accesses other than this are against the law; "OTOYOLCU's all kinds of demands, lawsuits and follow-up rights are reserved.
4.10. “OTOYOLCU” allows viewing the contents of the advertisements and using the “OTOYOLCU Interface” for the purpose of learning. Copying the information in the database partially or completely, publishing them directly or indirectly in other media, compiling, processing, changing, transferring them to other databases, making them available to third parties for access and use, linking to the advertisements on "OTOYOLCU". The processing of the acts is not allowed and consent is not given by the "OTOYOLCU". Such acts are against the law; "OTOYOLCU's claims, lawsuits and follow-up rights are reserved.
4.11. Using the whole or any part of the "Portal" for the purpose of disrupting, changing, reverse engineering, trying to break API protocols by reverse engineering method or any other method, and such as API key, API secret key, request headers, client authentication algorithm. accessing the parameters without permission or sharing these parameters with third parties without permission, trying to access the "Site" in a way that hinders, disrupts or interferes with the communication or technical systems of the "Portal", Automatic program, robot, spider, web crawler on the site , spider, data mining, data crawling, etc. "screen scraping" software or systems, the use of automatic tools or manual processes, unauthorized access to other users' data or software, bot operation as a result of determinations according to various criteria, DDOS attacks and all kinds of other systems to destroy or change all or part of existing systems. In case of attacks against or destroying the performance of the system and any other unlawful use, such uses will be prevented at the discretion of the OTOYOLCU. Even if there are no such uses, OTOYOLCU may allow the use of the Portal when it deems necessary, only after the user logs in with his user name and password. It is illegal to use the "Site" and the content on the "Portal" outside the usage limits determined by the "Terms of Use"; "OTOYOLCU" reserves all rights of claim, lawsuit and follow-up. In case of detection of illegal use of these terms and conditions; “OTOYOLCU” has the right to notify the “User” to the competent authorities. The “User” accepts that he is “personally responsible” for damages and claims resulting from such uses.
4.12. The "User" accepts and undertakes that "OTOYOLCU" cannot be held responsible for any direct or indirect damages that may occur in case of interruption of the service provided on the "Portal", disruptions in information transmission, delays, failures, data loss.
4.13. The Trust Stamp indicates the existence of regulatory compliance criteria that are examined, monitored and controlled by the GDS only in accordance with the relevant Communiqué. Apart from this, the Trust Stamp Provider cannot be understood as the guarantor or undertaker of the contract between the parties, nor is it the guarantor of the defect-free qualities and the complete supply and delivery of the goods or services on the e-commerce site. In addition, the Trust Stamp Provider cannot be held legally responsible for the goods not being delivered, delivered late or not delivered in accordance with the promised qualifications.
5. INTELLECTUAL PROPERTY RIGHTS
Information accessed within this "Portal" or provided by users in accordance with the law and all elements (all) of this "Portal" (including but not limited to "PASTOR Database", "AUTO PASSENGER Interface", design, text, image, html code and other codes). collectively referred to as "the copyrighted works of the OTOYOLCU") belong to the "OTOYOLCU" and/or have been taken under license from a third party by the "OTOYOLCU". "Users" do not have the right to resell, process, copy, share, distribute, exhibit or allow anyone else to access or use "OTOYOLCU" services, "OTOYOLCU" information and "OTOYOLCU"'s copyrighted works. . Except for the cases expressly permitted by the "OTOYOLCU" within these "Site Terms of Use", "OTOYOLCU" cannot reproduce, process, distribute or make derivative works of the copyrighted works of the "OTOYOLCU". In cases where it is not expressly authorized by the "PASSENGER" within the scope of these "Terms of Use"; "OTOYOLCU" services, "OTOYOLCU" information, "OTOYOLCU" copyrighted works, "OTOYOLCU" trademarks, "OTOYOLCU" commercial appearance or other assets and information provided through this site reserves all rights.
6. CHANGES TO TERMS OF USE
"OTOYOLCU" can change these "Terms of Use" unilaterally at any time by declaring it on the "Portal". The amended provisions of these "Terms of Use" will come into force on the date they are announced. These "Terms of Use" cannot be changed by unilateral statements of the "User".
7. FORCE MAJEURE
In all cases deemed force majeure by law, the "OTOYOLCU" will not be liable for any compensation in case of late performance, incomplete performance or non-performance. "Force majeure" shall be interpreted as events beyond the reasonable control of the relevant party and which the "AUDITOR" could not prevent despite due diligence, including but not limited to natural disasters, war, fire, strike, riot, riot, bad weather conditions, infrastructure and internet failures. , system improvement or renewal works, and any malfunctions or power outages that may occur due to this are among the force majeure situations.
8. APPLICABLE LAW AND AUTHORITY
In the application and interpretation of these "Terms of Use" and in the management of legal relations arising under these "Terms of Use", Turkish Law will be applied, excluding the Turkish conflict of laws rules. Hatay Courts and Enforcement Offices are authorized in the settlement of all kinds of disputes that arise or may arise due to these "Terms of Use".
9. EFFECT AND ACCEPTANCE
These "Terms of Use" come into force on the date of publication by "OTOYOLCU" on the "Portal". "Users" accept these "Terms of Use" and the changes made over time by using the "Portal".