Distance Sales Agreement

Distance Sales Agreement

 

1. PARTIES TO THE CONTRACT

• SERVICE PROVIDER:

It refers to TRIPY MOBILITY TECHNOLOGY ANONYMOUS COMPANY with tax identification number 8591348891, operating in Türkiye, with its headquarters located at Bahçelievler Mah. 323/1 Cad. C Block Gazi University Technopolis Building No:10/50C Interior Door No:101 Gölbaşı / Ankara / Turkey, which operates the charging network that provides charging services to users of electric vehicles (referred to as “Tripy Mobility” or “Service Provider” in the Agreement).

• SERVICE RECEIVER:

Name/Surname/Title:

TR/Tax Number:

Address:

Telephone:

Fax:

Email:

2. DEFINITIONS

Contract: This distance sales contract,

Application: The mobile application named “Tripy Mobility”, which is offered by Tripy Mobility and Tripy Mobility’s service providers, which enables users to benefit from the Services and content offered by Tripy Mobility and which can be downloaded from mobile application markets such as the App Store and Google Play Store, and whose rights belong to Tripy Mobility,

User: Person/persons who are not a member of the Application but receive charging service and can use some of the features in the Application without being a member of the Application and receive charging service,

Member: Person/persons who become members of the Application by providing the information requested by Tripy Mobility and by reading the Agreement and stating their affirmative declaration of intent in the specified manner, and benefit from the Services and content by logging in with the SMS password sent to the phone number defined in their name,

Service Receiver: Common name of Members and Users,

Service: The Service User’s use of the electric vehicle charging network and the necessary procedures within this scope, and the provision of content, advertisements, campaigns, opportunities, services, products and applications, and the fulfillment of requests from the Service User regarding these.

Website: Refers to Tripy Mobility’s website at www.tripy.mobi.

3. SUBJECT OF THE CONTRACT

This Distance Selling Agreement is drawn up between Tripy Mobility and the Service User to determine the terms of the charging service and other related services provided to the Service User from Tripy Mobility’s charging stations, as well as the rights and obligations between the Parties. Tripy Mobility and the Service User (User/Member) may be individually referred to as a “Party” and collectively as the “Parties.”

4. TERMS OF SERVICE AND APPLICATION USE

4.1. Service Users will be able to access the location and addresses of charging network stations, working hours, charging unit types, charging service fee, and socket types in the Map section of the Application.

4.2. If the Service User shares his/her location information with the Application, he/she will be able to access the location and addresses of the nearest charging network stations.

4.3. The Service User will benefit from the charging service by scanning the QR code in the Application.

5. GENERAL PROVISIONS

5.1. The Services covered by this Agreement will be provided only if the Service User pays the prices and fees determined by Tripy Mobility for the services in question. Failure to make full and timely payments of prices and fees, or providing false information regarding the service, will be considered a breach of this Agreement. In such cases, Tripy Mobility may suspend the Service User’s use of the Service and/or suspend or close the Member’s membership account, and Tripy Mobility may take legal action.

5.2. Tripy Mobility has the exclusive authority to determine the performance period of the Service accepted and purchased by the Service User.

5.3. In the event that the services are interrupted and/or not provided completely and completely due to power outages or other technical disruptions that may occur due to the normal flow of life, without Tripy Mobility’s fault and independently of Tripy Mobility, in the infrastructure of the service provided by Tripy Mobility under this Agreement, Tripy Mobility cannot be held responsible for this reason.

5.4. The Service User agrees to use the devices, charge their vehicle, and use them in accordance with the regulations contained in the legislation, the Agreement, the Application, and the Website, without damaging the devices and for their intended purpose. The Service User will be solely responsible for any damage, loss, or injury that may arise from this. Tripy Mobility reserves its right of recourse and other legal rights for any damages that may arise. 5.5. Where charging stations are located on the property of a third party or business partner, the Service User agrees to comply with all restrictions and rules specific to the location of the station, such as customer or visitor conditions, parking restrictions, parking periods, etc. Tripy Mobility will not be held liable for any damage, fees, fines, or losses arising from failure to comply with such rules. It is strictly prohibited to act in a manner that could harm the reputation or property of Tripy Mobility and/or any other person, or that could negatively affect such persons through inconvenience, harm, or other means, during the service period.

5.6. If the Service User damages the charging station of Tripy Mobility, its business partner or a third party for any reason, the Service User is responsible for compensating for this damage immediately and at once.

5.7. The Service User undertakes to use registered and standardized electric vehicles within the scope of the service. The use of electric vehicles with modified or custom-made chargers is prohibited. The Service User will be solely responsible for any damage, loss, or harm that may arise from this. Tripy Mobility reserves the right of recourse and other legal rights for any damages that may arise.

5.8. Tripy Mobility’s legal liability to the Service User is limited to direct damages arising from Tripy Mobility’s gross negligence, without the Service User’s fault, during the provision of the Service.

5.9. In case of a dispute as to who has the rights and obligations of the Agreement, the person who makes the payment to Tripy Mobility for the Goods/Services will be deemed to be a party to the Agreement.

6. OTHER PROVISIONS

6.1. The Service User accepts, declares and undertakes that he/she has read and understood all the information regarding the features, terms of use, price, payment methods and sales conditions of the service subject to the Agreement, that he/she has read, understood and approved the Preliminary Information Form, and thus, the preliminary information has been provided to him/her, and that he/she has given the necessary approval to purchase the charging service from Tripy Mobility.

6.2. Tripy Mobility acknowledges, declares, and undertakes that, following approval of this Agreement, it will provide the charging service to the Service User in accordance with the terms and conditions set forth in the Application, Membership Agreement, and Preliminary Information Form. For Members, the Membership Agreement constitutes an integral part of this Agreement.

6.3. For the Service User who is a consumer, in addition to the terms and conditions set out in this Agreement, Application, Membership Agreement and Preliminary Information Form, the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation published in the Official Gazette No. 29188 dated 27.11.2014 shall apply.

6.4. The Service User acting for commercial or professional purposes acknowledges and declares that they are not considered consumers and that the provisions of Law No. 6502 on Consumer Protection and the Distance Contracts Regulation published in the Official Gazette dated November 27, 2014 and numbered 29188 will not apply to them. For the Service User acting for commercial or professional purposes, in addition to the conditions set forth in the Preliminary Information Form, the Turkish Code of Obligations, the Turkish Commercial Code, and other relevant general provisions will apply.

6.5. The Service User shall use the Application and all Content in accordance with all relevant legislation, the Agreement, the terms and conditions set forth in all texts within the Application and the Website, and the intended use. Tripy Mobility reserves the right to recourse against the Service User for any payments it may make to third parties due to reasons arising from the Service User.

6.6. The Service User may use Tripy Mobility’s charging stations only for charging electric vehicles. The Service User acknowledges, represents, and undertakes that it will not use the charging stations for any other purpose, including generating income for commercial or professional purposes, and that it will be responsible for all direct and indirect damages to Tripy Mobility and/or third parties if it uses the stations for any other purpose. If use inconsistent with the rules set forth in the Agreement, the Website, and the Application is detected, Tripy Mobility may charge the Service User the additional fees specified in this Agreement, and/or the Member’s membership may be suspended or canceled.

6.7. The Service User accepts, declares and undertakes that the contact information provided in the Application is valid, the address provided is the notification address and all notifications made to this address will be considered valid.

6.8. To benefit from the charging service, the Service User must be at least 18 years of age. If the Service User uses the Application, becomes a member, or receives charging service with false or misleading information despite being under 18 years of age, the Service User will be responsible for all legal, criminal, financial, and administrative liabilities and damages that may arise.

6.9. There is no obligation to provide charging service for every application made for charging service. Tripy Mobility reserves the right to reject applications without justification.

6.10. Tripy Mobility is not responsible for factual errors, typographical errors or spelling mistakes in the Agreement, the Application or the Website.

6.11. Tripy Mobility may make new regulations and pricing regarding the provision of the Application and charging services to the extent permitted by legislation, the Agreement, and other relevant regulations. Tripy Mobility will integrate these regulations and pricing into the Application as soon as possible, and no separate notification will be provided to the Service User. Changes are effective from the date they are uploaded to the Application. The Service User acknowledges that they must regularly review the information in the Agreements and other sections of the Application and that the information contained in the Application is up-to-date. The Service User acknowledges, represents, and undertakes that by accessing the Application, they will be deemed to have accepted the amended and updated Agreement.

6.12. Tripy Mobility may provide links to other websites and/or content within the Application that are not under its control and are owned/operated by third parties. Providing a link does not imply that Tripy Mobility endorses the linked website or the operator of that website, nor does it constitute a representation or warranty regarding the information contained within the link. Tripy Mobility has no responsibility for the websites and their content accessed through links within the Application, and any resulting damages are the sole responsibility of the Service User.

6.13. The Service User cannot fully or partially assign its rights or obligations under this Agreement without the prior written consent of Tripy Mobility.

7. CHARGING SERVICE PRICE AND PAYMENT

7.1. Tripy Mobility has the exclusive right to determine charging service prices and blocking fees and all fees and prices specified in all agreements and in the Application.

7.2. The Service User accepts, declares and undertakes that he/she will pay the charging service fee, expenses and all other fees listed in the section of the Application where the sockets and stations are located, that all fees and expenses announced periodically are valid until the end of the specified period, and that he/she is aware that the charging service prices, blockage fees, occupancy penalties, expenses and sanctions listed and announced in the Application are valid until they are updated and changed.

7.3. Tripy Mobility reserves the right to change and/or cancel any promotions and prices within the scope of promotions and advertisements in texts such as brochures and posters.

7.4. Tripy Mobility provides a secure shopping environment using the 3D Secure method. In accordance with Law No. 5464 on Banking Cards and Credit Cards and related legislation, the Service User, who is the cardholder, is obligated to securely protect the card issued to them by the bank, and if the use of the card requires the use of a code number, password, or other identification method, and to take measures to prevent the use of this information by others. The Service User acknowledges that in the event of credit card theft or the access of credit card information to third parties, Tripy Mobility is not financially responsible for purchases made through Tripy Mobility’s shopping platforms without their knowledge, and that in such cases, they must immediately contact their bank.

7.5. Tripy Mobility may periodically offer promotional offers and/or discounts to certain Members, which may include different fees for the same or similar services. Such promotional offers and discounts will only have consequences for the Members to whom the offer is made.

7.6. The Service User accepts that he/she must add the credit card information with which he/she will make payment to the Application before receiving the charging service, that he/she is responsible for all damages that may arise if he/she adds the card information of third parties in an incorrect, unfair and unlawful manner, that before using the charging service, Tripy Mobility will block the blocking fee determined according to the nature of each service in the Application from his/her credit card and that he/she is aware that he/she can benefit from the charging service in this way.

7.7. If the Service User does not leave the charging station even though Tripy Mobility has informed the Service User that the charging service has been completed at the service station or devices, the Service User will be charged the occupancy penalty listed in the Application for each minute, twenty (20) minutes after the end of the charging process.

7.8. If the Service User receives the charging service in accordance with the legislation, the Agreement, the Application and the regulations specified in the Website, the service fee will be deducted from the blockage on the Service User’s credit card by Tripy Mobility in accordance with Article 7.7 of the Agreement and the blockage on the remaining portion will be removed without delay.

7.9. If the Service User fails to receive the charging service in accordance with the legislation, the Agreement, the Application, and the regulations set forth on the Website, Tripy Mobility will collect the service fee, occupancy penalty, penalty clause, interest, and other charges from the blockage placed on the Service User’s credit card in accordance with Article 7.7 of the Agreement. If any remaining balance remains, the blockage on this balance will be lifted without delay. If the blockage does not cover the service fee, occupancy penalty, penalty clause, interest, and other charges due to Tripy Mobility, Tripy Mobility reserves the right to pursue legal, criminal, and all other legal remedies against the Service User for the uncollected amount.

7.10. Tripy Mobility reserves the right, at its sole discretion, to revise charging service fees. Tripy Mobility will make reasonable efforts to update the fees posted in the Application and to inform Members and Users. However, all fees invoiced for the Service received are final and non-refundable unless otherwise stated by Tripy Mobility.

8. CANCELLATION, RIGHT OF WITHDRAWAL AND RETURN CONDITIONS

8.1. The Contract between Tripy Mobility and the Service User will be established on a distance basis and is subject to the Distance Contracts Regulation in terms of the provisions on the right of withdrawal.

8.2. Since the Contract between Tripy Mobility and the Service User is a contract concerning goods or services whose prices change depending on fluctuations in the financial markets and are not under the control of the seller or provider, as regulated in subparagraphs (a) and (d) of paragraph 1 of article 15 of the Distance Contracts Regulation, which regulates the exceptions to the right of withdrawal, and goods that are mixed with other products after delivery and cannot be separated by their nature, the Service User does not have the right to withdraw from the Contract.

8.3. Tripy Mobility may terminate the Agreement unilaterally and immediately if the Service User violates the regulations set forth in the legislation, the Agreement, the Application, or the Website, or if the obligations are not fulfilled. In such a termination, Tripy Mobility is not required to provide any notice to the Service User.

8.4. In the event that the Service User violates the regulations specified in the legislation, Agreement, Application and Website or fails to fulfill its obligations in accordance with Article 8.3, Tripy Mobility may claim compensation from the Service User for all direct and indirect damages it may suffer due to such behavior.

8.5. In case of termination of the Agreement or expiration for any reason other than termination, all fees, expenses and penalties previously agreed upon between the Parties shall become due and payable on the termination and expiration date without any notice.

8.6. Tripy Mobility has the right to suspend the Service User’s membership or immediately terminate this Agreement and not to re-enter into a contract with the Service User in the event that the Service User violates the legislation and the provisions of the Agreement and the regulations in the Application and the Website.

9. APPLICATION SECURITY AND PERSONAL DATA PROTECTION

9.1. Tripy Mobility shall have no liability for any direct or indirect damages that may be incurred by users, the Service User, or other third parties arising from any similar programs and software, including, but not limited to, viruses, malware, algorithms, Trojans, or other malware that may be exposed due to accessing the Application, using the Content or other provided data and information, or other behavior. The Service User hereby agrees in advance that it will not make any claim against Tripy Mobility for such damages.

9.2. The Service User shall not use any automatic device, program, algorithm, methodology or any similar or equivalent manual process or tool to access, obtain, copy, monitor, query, reproduce or bypass all or any part of the Application or Content or systems or networks connected to the Application, Tripy Mobility or its service providers’ 9 servers, any service offered on the Application, or to obtain or attempt to obtain any material, document or information through any means not provided through the Application.

9.3. The Service User agrees not to probe, test, overburden, scan, test the vulnerability of the Application or any connected system or network infrastructure, breach security or authentication measures, or interfere with the proper operation of any process executed on the Application. The Service User will not monitor the information of any user of the Application or interfere with its secure use, or attempt to gain unauthorized access to any part or feature of it or any system connected to it, through hacking, password cracking, or other illegal or unauthorized means.

9.4. Tripy Mobility is the data controller within the scope of Law No. 6698 and uses the data shared by the Service User through membership transactions and other transactions carried out within the scope of the Agreement and in the Application, for the activities and purposes specified in this Agreement and the relevant information, explicit consent texts and cookie policy and in a lawful manner.

9.5. The Service User will read the informational texts regarding personal data processing activities presented to it, and any amendments to these texts made by Tripy Mobility, and will exercise due diligence to ensure sufficient information regarding the processing and transfer of personal data as described in these texts. With regard to personal data processing and transfer activities requiring explicit consent, the Service User will carefully read the relevant texts regarding the processing and transfer of personal data, in the manner and scope specified in the relevant informational texts and explicit consent texts, and in the cookie policy, and will express their preference openly and freely.

9.6. The information provided by the Service User is deemed to be accurate and up-to-date. The Service User is obligated to provide Tripy Mobility with up-to-date information to ensure the proper and legal execution of the Agreement. The Service User acknowledges that the personal data provided to the Application is accurate, up-to-date, and belongs to the Service User.

9.7. Tripy Mobility reserves the right to run campaigns targeting Application users with third-party business partners. Within the scope of these campaigns, Service User personal data may be shared with business partner companies in accordance with the principles of Law No. 6698 and within the scope of the “KVKK Information Text.”

9.8. The Service User can change their commercial electronic message preferences at any time through the “Settings” tab and consent or decline to receive commercial electronic messages. If the Service User uninstalls the Mobile Application from their smart device, app-push notifications will be deactivated. However, if the Service User does not wish to receive commercial electronic messages through other means, they must change their SMS, email, and call preferences through alternative access channels such as the website, call center, or Message Management System (IMS). Tripy Mobility will cease sending commercial electronic messages to the Service User within 3 (three) business days of receiving the Service User’s request to decline commercial electronic messages.

9.9. Even if the Service User refuses to receive commercial electronic messages, Tripy Mobility will continue to send the following messages in accordance with the legislation:

• Messages regarding changes, usage and maintenance of the goods or services provided, if the recipient provides his/her contact information in order to be contacted,
• Messages containing notifications regarding ongoing subscription, membership or partnership status, collection, debt reminder, information update, purchase and delivery or similar situations, and messages regarding the obligation to provide information imposed on the service provider by the relevant legislation.

9.10. Tripy Mobility takes all necessary technical and administrative measures to ensure an appropriate level of security in order to prevent the unlawful processing of personal data, to prevent unlawful access to personal data and to ensure the preservation of personal data.

9.11. Upon termination of the Agreement, Tripy Mobility will destroy personal data in accordance with its periodic destruction procedures and legislation. Personal data that must be retained by law may be processed for the period required by law and in a purpose-related, proportionate, and limited manner in accordance with Law No. 6698.

9.12. Service User information and invoice information may belong to the same person and/or different persons. If the information belongs to different persons, the Service User is responsible for ensuring the accuracy and timeliness of the information and for fulfilling its obligations under personal data protection legislation. If the Service User is different from the person creating the order, the person creating the order is responsible for ensuring the accuracy and timeliness of the Service User information and for fulfilling its obligations under personal data protection legislation.

10. DISPUTE RESOLUTION AND COMPETENT COURT

10.1. In case of complaints, problems or requests regarding the Service provided by Tripy Mobility, the Service User may submit their complaints and requests through Tripy Mobility’s contact information specified in the Agreement.

10.2. Disputes that arise between the parties and cannot be resolved through negotiation will be resolved by the Consumer Arbitration Committee or Consumer Court in the place where the Service User is located or where the consumer transaction took place, if the Service User is a consumer. The lower and upper monetary limits specified in the Consumer Arbitration Committee Regulation, in effect at the time of the dispute, will be taken into account when determining whether the Consumer Arbitration Committee or the Consumer Court is the competent authority.

10.3. If the Service User is not a consumer, disputes will be resolved by the competent courts. Istanbul Çağlayan Courts and Enforcement Offices have exclusive and absolute authority to resolve disputes.

11. EVIDENCE CONTRACT

11.1. The Service User accepts, declares and undertakes that, in disputes that may arise from this Agreement, Tripy Mobility’s official books and commercial records, documents, electronic information and computer records kept in its database and servers, transactions made within the Application, approval log records related to contracts and/or other transactions in Tripy Mobility, and all kinds of permanent data storage data and records of approvals and transactions made via remote communication means shall constitute binding, definitive and exclusive evidence, and that this article constitutes an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.

11.2. The explanations and information on the website, the contracts between the parties approved by the Service User, the preliminary information form, the goods/service invoice/receipt, bank records and other commercial records are accepted as valid evidence and integral annexes of this contract.

11.3. The Service User accepts, declares and undertakes in advance that the transactions made via his/her contact information, mobile phone number and e-mail address are carried out by him/her personally, that all access information regarding these are under his/her control and responsibility, that he/she consents to the transactions made in these areas, that he/she cannot reject these communication records in any way and that they serve as evidence.

12. FINAL PROVISIONS AND ENFORCEMENT

12.1. The Service User acknowledges and declares that he/she is aware of all preliminary information regarding the goods/services subject to sale, such as the basic characteristics of the Service, sales price, payment method, stock shortages, etc., that he/she has confirmed this preliminary information, the Preliminary Information Form and this Agreement electronically, and has subsequently started to receive the Service, and that he/she has fully read and approved the terms and conditions notified to him/her, the Preliminary Information Form, the distance sales contract and notifications.

12.2. If the Preliminary Information Form and any of this Agreement are not approved, the Service request will not be completed and Tripy Mobility will not undertake any commitment, and the Service User will not be able to request the performance of the Service in such cases.

12.3. Stamp duty arising from the contract is borne by the Service User.

12.4. All articles of this Agreement have been mutually read and electronically approved by the Service User and Tripy Mobility, and this Agreement shall enter into force on the date of electronic approval by the Service User. A copy of this Agreement will be sent to the Service User’s email address.

 

SERVICE PROVIDER

TRIPY MOBILITY TECHNOLOGY JOINT STOCK COMPANY

 

SERVICE RECEIVER