Membership Agreement

İMEŞARJ MEMBERSHIP AGREEMENT

This Membership Agreement ("Agreement") İMECAR ELEKTRONİK LDT. ŞTİ. ("İMEŞARJ") and the Electric Vehicle User ("Member"), together with İMEŞARJ, jointly, the "Parties"), set forth the rules and conditions that apply regarding the services to be provided by İMEŞARJ to the Member.

1 - GENERAL PROVISIONS

• ABOUT IMPRINT AND CONTRACT:
  İMEŞARJ is a company that establishes and manages charging stations for electric vehicles in accordance with the provisions of the Charging Service Regulation ("Regulation") published in the Official Gazette dated 02.04.2022 and numbered 31797. This Membership Agreement, concluded for the purpose of providing the electric vehicle user with charging service within certain advantages, has the same meaning as the "Loyalty Agreement" set out in Article 29 of the Regulation.
• LEGAL INFORMATION AND CONTACT ADDRESSES ABOUT IMESARJ:

• The Member must complete the steps regarding the membership application in the section reserved for Members on İMECAR's website at www.imecar.com or on the mobile application platform and say "I accept the Membership Agreement" ." When they check the box next to the phrase and click on the final button to become a member, they are deemed to have applied for membership and accepted the content of this Agreement. With this acceptance, the applicant is deemed to have gained the title of "Member". If the Services (defined below) are used by a user from a Member user account without being a Member, in each use, the relevant non-Member user will be deemed to have read this Agreement and accepted it in all its terms, and a Member will be deemed to have accepted this Agreement. will be subject to the rights and obligations under.
• With the entry into force of the Agreement, the Member can use the RFID Card (İMEŞARJ Card), İMEŞARJ mobile application (which can be downloaded free of charge from the website www.imecar.com and related media) or other methods that İMEŞARJ can offer. They will be able to receive charging service from all public charging stations connected to the İMEŞARJ network. İMEŞARJ reserves the right to make changes to applications such as the mobile application and/or İMEŞARJ Card used during the provision of the Service, to add new applications and/or to remove these applications.
• The establishment of the Agreement does not mean that the Member has made any commitment to receive the Services. The Member is not obliged to receive Service even if his/her membership with IMEŞARJ continues.
• Member; He accepts and declares that he has been informed about the Service subject to the Contract, conditions, tariff, payment, right of withdrawal and termination of the Contract and all other Contract provisions and that he has complete information about the Contract.

• İMEŞARJ provides service(s) ("Service(s)") to Members that enable them to charge their electric vehicles at IMEŞARJ's station network. The Member will be able to use İMEŞARJ's mobile application and/or the İMEŞARJ Card if delivered to him/her while receiving the Service.
• The Member shall provide static information (location, working hours, technical specifications, etc.) and dynamic information about the charging stations operated and/or made available for use by İMEŞARJ (together with him and/or his business partners) where he can charge his electric vehicles. (price information, availability information of the station, etc.), from İMEŞARJ's website, from the mobile application it offers, EMRA, which is created to display all available charging stations in real time, provides live data of charging stations and provides data exchange and other transactions with standard protocols and interface. and, if available and technically possible, from the navigation system in the electric vehicle used by the Member and whose information was submitted to İMEŞARJ during the membership application. İMEŞARJ is responsible for the accuracy of this information as of the moment it is given, however, it is not responsible for any changes in this information, especially after the moment this information is given, for any damage, loss and/or loss that each Member concerned may incur due to changes in conditions when it reaches the charging station it has chosen. is not responsible. In particular, IMESARJ will not be responsible in any way for providing access to the point where the relevant charging station is installed and/or for the station not being suitable for service, as stated in the static information. İMEŞARJ's liability for damages that the Member may incur during the provision of the Services and/or while using the Services is limited to events and direct damages that are under the direct control of İMEŞARJ and resulting from the fault of İMEŞARJ.

• Current contract recharge service unit prices and discount rates are available on İMEŞARJ's website and mobile application. IMESARJ, one of the recharge servicereserves the right to make unilateral changes to m prices, discount rates and other terms of this Agreement.
• The charging service unit price may be applied to the Member free of charge and/or at a discount, taking into account the relevant legislative provisions and EMRA decisions. If a fee is requested, the charging service price is calculated by multiplying the unit price in TL/kWh, including all taxes, and the amount of energy transferred to the vehicle in kWh.
• İMEŞARJ may make one or more of the different payment systems available to the Member. If more than one system is offered, the Member may choose the system he/she wishes.
• In cases where the payment system is a credit card, the service fee is paid through the payment institution with the credit/debit card provided by the Member in the payment section of the website or mobile application, as directed by İMEŞARJ. In this context, credit card information is not stored by İMEŞARJ. Member's card information is stored by authorized payment institution(s) that provide secure payment. İMEŞARJ reserves the right to make changes in the payment institution it works with.
• If a fee is charged within the scope of the reservation service offered to the user, this fee is refunded after the user receives the recharge service within the scope of the relevant reservation.

• İMEŞARJ may send İMEŞARJ Card to its Members so that they can start charging at the stations. İMEŞARJ reserves the right to remove the İMEŞARJ Card application, make changes or introduce new applications.
• In case the member's İMEŞARJ Card is lost or stolen, the Member must immediately deactivate his/her card via İMEŞARJ's website or mobile application or send it to İMEŞARJ 1.2. It is the obligation to request the cancellation and deactivation of the İMEŞARJ Card by contacting the communication channels specified in the article. The Member is responsible for all transactions made with İMEŞARJ Cards for which notification is not made.

• With İMEŞARJ's Android or iOS mobile application, the member can get information about the locations of the stations and tariffs, start and finish the charging process and make the payment for the charging service with the registered credit card. In addition, they can benefit from other services offered/will be offered by İMEŞARJ.

The Member declares and undertakes that all the information he/she provides while using the Services and/or logging in and/or registering to IMEŞARJ's system is complete, accurate and up-to-date at all times and in all respects.
• The Parties may not be able to provide the Services fully and completely due to situations that may arise in the technical infrastructure of İMEŞARJ, that may arise from the ordinary course of life and/or situations that may arise independently of İMEŞARJ (such as adverse weather conditions, power outages, connection problems). They agreed that IMEŞARJ will not have any liability in the event of an interruption in the Services.
• İMEŞARJ has the right to freely determine the service fees it will apply in return for the Services. In this context, while using the Services, the Member will be able to follow the service fees to be applied on the website, mobile application and Free Access Platform offered by İMEŞARJ, before purchasing each Service, but in any case, the Member will be able to pay the service fees related to each Service he/she will receive. will be deemed to know. The same issues apply to late payment interest. The Member undertakes to pay for the Services on time. For service fees not paid on due date, interest determined in accordance with Article 51 of the Law No. 6183 on the Collection of Public Receivables Procedures is applied for each day of delay, without the need for a separate warning. In these cases, all legal rights of İMEŞARJ, including offset, are reserved.
• It is possible for IMEŞARJ to apply different prices, promotions and other elements and offer different Services to different Members. The Parties agreed that the Services that each Member will receive at İMEŞARJ and the price and other conditions to be applied to each Member at İMEŞARJ may vary, at the sole discretion of İMEŞARJ.
• The member is personally responsible for the acquisition and use by third parties of his membership information, passwords and usage rights that may be assigned to his account at İMEŞARJ, and in such a case, unless he informs İMEŞARJ of the incident, this situation may pose a risk for him and He accepts that IMEŞARJ has no liability for any damage or loss that the Member may suffer in such a situation. In any case, the Member accepts that he/she has full responsibility for the security, storage and keeping away from the information of third parties of the elements and tools (such as user name and password) he/she uses to benefit from the Services.
• İMEŞARJ ensures that the charging systems of the Member's vehicle are working properly and that they can receive the Services.It is not responsible for any inability to receive Service and/or damage that may occur due to the vehicle or traffic or weather conditions, such as failure to operate properly, as well as the Member's vehicle being stranded on the road due to not being charged sufficiently, and other situations.
• The Member undertakes not to take any action or action that may abuse or denigrate the Services offered by IMEŞARJ, or that may provide any benefit to themselves or third parties, and shall not engage in any such illegal, should not be used, malicious, or compromise the quality of the service provided. accepts, declares and undertakes to pay in cash and lump sum the direct and indirect damages suffered by İMEŞAR due to its degrading actions, within 3 business days at the latest following the notification.
• The Member who uses the Services accepts that he/she will use the Services in accordance with the law and its purpose and that he/she will be legally responsible for every transaction and action he/she carries out within the Services. IMEŞARJ cannot be held responsible, directly or indirectly, for any transaction, action and/or activity carried out by the Member regarding the Services, contrary to this Agreement and the applicable legislation. In such a case, if İMEŞARJ makes any payment to any person for any reason, İMEŞARJ reserves the right to recourse to the relevant Member for all legal claims, including interest and compensation.
• Member may use existing images, texts, etc. within the elements that may be found on İMEŞARJ's website, mobile application and other platforms, which may constitute an infringement of the real or personal rights and assets of İMEŞARJ and/or a third party. It agrees that it will not reproduce, copy, distribute or process visual and audio images, video clips, files, databases, catalogs and lists.
• Member, Name, title, e-mail address, postal address, billing information, etc. In case of any change in personal/corporate information, he/she accepts and declares that he/she will update the relevant information at IMEŞARJ within 10 days at most after the change. All administrative, legal, criminal and other problems that may arise if the information is not updated in a timely manner belong to the Member.
• Following the notification at the end of the charging period, if the Member does not disconnect his vehicle from the station or unplug the charging socket for any reason, the Member accepts and undertakes that he is obliged to pay the additional fee calculated according to the time the vehicle remains at the station, provided that the rights regarding the excess are reserved. It does. The fact that İMEŞARJ has not requested this fee immediately does not mean that it will not request it later and/or has waived its right to demand this fee. In this case, İMEŞARJ has the right to request the additional fee that the Member is obliged to pay at any time during the contract.
• The Member is obliged to carry out the charging process in accordance with the legislation and the specific rules of the place where the Station is located.
• Before each use of the charging stations, the Member is obliged to carry out the basic security checks listed in this article. He accepts and undertakes that he will not use the station in the absence of any of the following conditions, including but not limited to:
  • The charging station must be "available for use" (in green) on the map when it is used.
  • There is no bending, breaking or any damage at the end of the charging cable.
  • The charging station has no signs of damage, malfunction warnings or other obvious mechanical problems.
  • There are no infrastructure works, malfunctions, fires or safe charging conditions such as not being in working hours at the charging station where service is requested.
• If the member detects any problem at the station during the checks listed in Article 7.13, he/she will disconnect the charging connection, take the necessary precautions and immediately inform İMEŞARJ via the mobile application or by calling the phone number 444 83 03.
• The Member is responsible for any damages that the Member, İMEŞARJ and/or third parties may suffer due to the Member's behavior contrary to its obligations in the Agreement, legislation, customs and/or fault or negligence during the use of the Services.
• Charging Stations will provide service at the times and within the specified hours stated as appropriate on the website and mobile application, İMEŞARJ has no liability towards the Member outside these hours, İMEŞARJ has the right to open and close the station at any time. The Parties accept and declare that.
• In case there is a difference in Member information regarding the ownership/other use of registered vehicles within the scope of membership by Members who are parties to this Agreement, the Member will notify the Member within 5 (five) business days to be removed from the scope of membership.

• Member, 1 year from the date of entry into force of the Agreement.Within 4 (fourteen) days, provided that the Services subject to the Agreement have not yet been benefited from, IMEŞARJ shall be notified of Article 1.1 of the Agreement. You may withdraw from the Agreement by submitting the attached Withdrawal Form or a clear written statement informing you of your decision to withdraw, via any of the communication channels written in the article.
• The Member may, at his own discretion, terminate his membership and this Agreement at any time he wishes, without giving any reason and without paying any compensation, and without prejudice to the responsibility to pay all debts, if any, incurred before IMEŞARJ. has the right to stop the purchase. In order to terminate his/her membership, it is necessary and sufficient for the Member to inform İMEŞARJ about this issue by using the communication facilities in the "Contact" section of İMEŞARJ's website at www.imecar.com or via the mobile application.
• İMEŞARJ, at its sole discretion, has the right to terminate the Member's membership with İMESARJ and this Agreement at any time it wishes, without giving any reason and without paying any compensation, and to stop providing the Service to the Member.
• If it is determined that the Member has acted contrary to this Agreement, İMEŞARJ has the right to terminate the Agreement and stop the provision of the Service, without prejudice to the right to claim all damages and other legal rights.
• In order for İMEŞARJ to terminate the Member's membership, it is necessary and sufficient to notify the Member using any of the contact information provided by the Member to İMEŞARJ.

• İMEŞARJ uses the information given to it by the Member to verify identity, to provide customer support, to inform the Member about campaigns and products if approved, to the Member (at the option and discretion of İMESARJ, will use it to give various gifts (with or without raffles) and to provide services to the Member on other matters related to the Services, and will store this information on secure servers.
• İMEŞARJ cannot use the information given to it in any way and for any purpose other than the usage forms and purposes listed in the Disclosure Text presented to the Member under this Agreement and regarding processing activities, in a way that any relevant person can be associated with the Member, cannot sell, rent or market to any third party and/or institution and cannot make any economic profit from this information.
• The parties also agree that they will act in accordance with the provisions of the Personal Data Protection Law No. 6698 ("KVKK or the Law") regarding the processing, protection and preservation of personal data they obtain from each other, and that the data to be processed and/or transferred to each other will be obtained in accordance with the law. that the appropriate level of security regarding the protection of data will be ensured and the necessary administrative and technical measures will be taken, the data will be processed in a limited and measured manner only in accordance with the contract and for the purpose of fulfilling the work to be done and legal obligations, the data will not be transferred to other persons at home or abroad without legal compliance reasons. will not be transferred (except for transfer to group companies to which the Parties are affiliated, provided that the conditions stipulated by the current legislation regarding transfer abroad are met), if the purpose within the scope of the Agreement is achieved or if all the conditions for processing personal data within the scope of the legislation are eliminated, it will destroy the personal data in accordance with the legislation, In case of detection of a violation, it will notify the other party in writing immediately and within 24 (twenty-four) hours at the latest, and that its employees and all its assistants are obliged to comply with the Personal Data Protection Legislation and this article, and that it is obliged to inform about any work and transaction to the contrary. due to failure to fulfill the obligations stipulated within the scope of the Law, including the relevant secondary legislation and the decisions of the Personal Data Protection Board and the guides issued by the Board (together referred to as the 'Personal Data Protection Legislation'); It accepts and declares that it will keep the other party free from all kinds of demands and objections that may be made by the relevant persons, competent institutions and authorities and other third parties, and that it is responsible for any damage that may be caused due to the performance of a transaction contrary to the Personal Data Protection Legislation, including but not limited to those listed here. What is determined in this article and the confidentiality obligation of the parties will remain in force indefinitely after the termination of the services agreed upon within the scope of this Agreement or other agreements between the Parties.

• All elements of all platforms and tools used by İMEŞARJ in providing the Services, including but not limited to the design, text, images, html code and other codes, belong to İMEŞARJ or İMEŞARJ blood on theseThey have uni and/or contractual rights. The Member may use the Services, the information belonging to İMEŞARJ and the above-mentioned copyrighted works of İMEŞARJ, only during and in connection with the purchase of the Services from İMEŞARJ, except for any commercial or other purposes. cannot be used for this purpose. The Member cannot use, modify, reproduce, distribute or create derivative works of İMEŞARJ's copyrighted works listed above without the permission of İMEŞARJ.
• IMESARJ's Services, information, copyrighted works, trademarks, commercial appearance or the presentation or promotion of the Services; All rights regarding all assets, real and personal rights, commercial information and know-how, including any material and intellectual property rights it owns in any way related to the Services and/or Services, are reserved.

• IMESARJ may, at its sole discretion and unilaterally, terminate this Agreement at any time it deems appropriate, on its website, application and/or website, without being subject to any conditions, permissions and/or approvals. or by announcing it on another platform. The changed provisions of this Agreement will automatically become valid upon the Member's use of the Services on or after the date they are announced, without the need for any further action, while the remaining provisions will remain in force and continue to produce their provisions and results.
• IMESARJ's Services, information, copyrighted works, trademarks, commercial appearance or the presentation or promotion of the Services; All rights regarding all assets, real and personal rights, commercial information and know-how, including any material and intellectual property rights it owns in any way related to the Services and/or Services, are reserved.

• In all cases that can be considered force majeure, İMEŞARJ is not liable for late or incomplete performance or non-performance of any of its acts specified in this Agreement. These and similar situations will not be considered as delay, incomplete performance or non-performance or default for İMEŞARJ, or any compensation cannot be claimed from İMEŞARJ for these situations, for any reason, of any kind and under any name. The term "force majeure"; Including, but not limited to, natural disasters, epidemics, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions; They are considered events beyond the reasonable control of İMEŞARJ.

• In case of disputes that may arise regarding the Services, the Member shall be entitled to ensure that the electronic records and system records, commercial records, book records, microfilm, microfiche and computer records kept by İMEŞARJ in its database or servers are valid and binding. , will constitute conclusive and exclusive evidence; He accepts that he has released İMEŞARJ (and its representatives) from the offer of oath and that this article is in the nature of an evidentiary contract within the meaning of Article 193 of the Civil Code.

• The Member may report his/her requests and complaints within the scope of this Agreement to IMEŞARJ using the communication channels specified in Article 1 of the Agreement.
• Turkish Law will be applied to the implementation and interpretation of this Agreement and to the legal relations arising within this Agreement, and for Members who are not within the scope of Consumer Protection Law No. 6502, all matters arising or may arise within and/or in connection with this Agreement. In case of any dispute, Antalya Courts and Enforcement Offices are authorized. In resolving legal disputes for Members within the scope of Consumer Protection Law No. 6502, the Consumer Arbitration Committee or Consumer Court where the Member resides is authorized to decide the amount of the dispute.

• The Member accepts that he/she has sufficient time to read the Agreement. When the Member approves the Agreement electronically, he/she accepts all articles of the agreement.
• Following the Member's approval, a copy of the contract is sent to the Member via permanent data storage (e-mail).