1. PARTIES TO THE AGREEMENT
1.1. SERVICE PROVIDER:
TAYRAN GROUP CONSTRUCTION JOINT STOCK COMPANY
(hereinafter referred to as “ŞARJTAK” or “Service Provider”)
Nasuh Akar Neighborhood, 1400th Street, No: 4/8
Çankaya / Ankara
1.2. SERVICE RECIPIENT:
Name / Surname / Title:
Turkish ID / Tax Number:
Address:
Phone:
Fax:
E-mail:
The Service Recipient accepts, declares, and undertakes that the contact information provided in the mobile application is valid, that the address provided is the legal notification address, and that all notifications made to this address shall be deemed valid.
2. SUBJECT OF THE AGREEMENT
This Distance Sales Agreement has been executed between ŞARJTAK and the Service Recipient for the purpose of determining the terms and conditions of the charging service and related services provided to the Service Recipient through charging stations owned by ŞARJTAK, as well as the rights and obligations of the Parties.
3. SERVICE AND APPLICATION USAGE CONDITIONS
The Service Recipient may access information regarding the locations and addresses of charging stations, operating hours, charging unit types, charging service fees, and socket types via the Map section of the ŞARJTAK mobile application.
4. GENERAL PROVISIONS
4.1.
The Service under this Agreement may only be used provided that the Service Recipient pays the prices and fees determined by ŞARJTAK as consideration for such services. Failure to make full and timely payment of prices and fees or providing false or misleading information within the scope of the service shall constitute a breach of this Agreement. In such case, ŞARJTAK may suspend the Service Recipient’s use of the service and/or suspend or terminate the membership account, and may resort to legal remedies.
4.2.
ŞARJTAK is exclusively authorized to determine the performance period of the Service accepted and purchased by the Service Recipient.
4.3.
In the event that services are interrupted and/or cannot be provided fully and completely due to power outages or other technical failures arising from the ordinary course of life and occurring independently of and without fault of ŞARJTAK, no liability shall be attributed to ŞARJTAK.
4.4.
The Service Recipient accepts that the devices must be used, and the vehicle charged, in compliance with applicable legislation, this Agreement, the Application, and the Website, without causing any damage and solely for their intended purpose. Any damages, losses, or harm arising therefrom shall be the sole responsibility of the Service Recipient. ŞARJTAK reserves its right of recourse and other legal rights.
4.5.
In cases where charging stations are located on the premises of third parties or business partners, the Service Recipient agrees to comply with all site-specific rules such as visitor conditions, parking restrictions, parking duration, and other limitations. ŞARJTAK shall not be held liable for any damage, fee, penalty, or loss arising from non-compliance with such rules.
4.6.
If the Service Recipient causes any damage to a charging station belonging to a business partner or third party, the Service Recipient shall be responsible for immediately and fully compensating such damage.
4.7.
The Service Recipient undertakes to use only registered and standard-manufactured electric vehicles within the scope of the service. The use of electric vehicles containing modified or personally altered charging devices is prohibited. Any damages, losses, or harm arising therefrom shall be solely borne by the Service Recipient. ŞARJTAK reserves its right of recourse and other legal rights.
4.8.
ŞARJTAK’s legal liability towards the Service Recipient shall be limited solely to direct damages arising during the provision of the Service due exclusively to ŞARJTAK’s gross negligence, without any fault on the part of the Service Recipient.
4.9.
In the event of any dispute regarding the person entitled to the rights and obligations under the Agreement, the person who made the payment to ŞARJTAK for the goods/services shall be deemed to be the party to the Agreement.
5. OTHER PROVISIONS
5.1.
The Service Recipient accepts, declares, and undertakes that they have read and understood all information regarding the characteristics, usage conditions, price, payment methods, and sales terms of the service subject to this Agreement and have given the necessary approval to purchase the charging service from ŞARJTAK.
5.2.
ŞARJTAK accepts, declares, and undertakes that following the approval of this Agreement, it shall provide the charging service to the Service Recipient in accordance with the terms specified in the Application and the Membership Agreement. For Members, the Membership Agreement constitutes an integral part of this Agreement.
5.3.
For Service Recipients acting as consumers, in addition to this Agreement, the Application, and the Membership Agreement, the provisions of Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188 shall apply.
5.4.
The Service Recipient shall use the Application and all content in compliance with all applicable legislation, the terms set forth in the Application and Website, and the intended purpose. ŞARJTAK reserves the right of recourse against the Service Recipient for any payments it may be required to make to third parties due to reasons attributable to the Service Recipient.
5.5.
The Service Recipient may use ŞARJTAK charging stations solely for charging electric vehicles. The Service Recipient accepts, declares, and undertakes that they shall not use the stations for any other purpose, including commercial or professional income generation, and that they shall be responsible for all direct and indirect damages caused to ŞARJTAK and/or third parties in case of such use. In case of non-compliant use, additional fees specified in this Agreement may be charged to the Service Recipient’s account and/or the membership may be suspended or terminated.
5.6.
To benefit from the charging service, the Service Recipient must be at least 18 years of age. If the Service Recipient uses the Application, becomes a member, or receives charging services despite being under 18 by providing false or misleading information, all legal, criminal, financial, and administrative liabilities shall rest solely with the Service Recipient.
5.7.
ŞARJTAK shall not be responsible for material, typographical, or clerical errors in the Agreement, Application, or Website.
5.8.
ŞARJTAK may introduce new regulations and pricing regarding the Application and charging services to the extent permitted by legislation and this Agreement. Such changes shall be integrated into the Application without separate notice. The Service Recipient accepts that they are responsible for regularly reviewing the information in the Application and that accessing the Application constitutes acceptance of the updated Agreement.
5.9.
The Service Recipient may not assign or transfer, in whole or in part, any rights or obligations under this Agreement without ŞARJTAK’s prior written consent.
6. CHARGING SERVICE PRICE AND PAYMENT
6.1.
The authority to determine all fees and prices related to charging services listed in the Application belongs exclusively to ŞARJTAK.
6.2.
The Service Recipient accepts that all listed fees, occupancy penalties, costs, and sanctions shall remain valid until updated or amended.
6.3.
ŞARJTAK reserves the right to amend or cancel promotional campaigns and prices announced through brochures, posters, or other promotional materials.
6.4.
Payment by credit or debit card is subject to Law No. 5464 on Bank Cards and Credit Cards and relevant legislation. The Service Recipient is responsible for safeguarding card information and preventing unauthorized use.
6.5.
ŞARJTAK may offer promotional discounts to specific Members at its discretion. Such offers shall apply only to the relevant Members.
6.6.
The Service Recipient accepts responsibility for any damages arising from the unlawful or unauthorized use of third-party card information.
6.7.
If the Service Recipient fails to leave the station after being notified that charging has been completed, an occupancy penalty per minute shall be charged after 20 (twenty) minutes, as listed in the Application.
6.8.
ŞARJTAK reserves the right to revise charging fees at its sole discretion. All charged fees are final and non-refundable unless otherwise stated by ŞARJTAK.
7. CANCELLATION, RIGHT OF WITHDRAWAL, AND REFUND CONDITIONS
7.1.
This Agreement is subject to the Distance Contracts Regulation.
7.2.
Due to the nature of services whose prices fluctuate based on financial markets and cannot be controlled by the service provider, the Service Recipient does not have a right of withdrawal.
7.3.–7.6.
ŞARJTAK reserves the right to terminate this Agreement immediately and claim damages in case of violations.
8. DISPUTE RESOLUTION AND JURISDICTION
Disputes shall be resolved by Consumer Arbitration Committees or Consumer Courts where applicable; otherwise, Ankara Courts and Enforcement Offices shall have exclusive jurisdiction.
9. EVIDENCE AGREEMENT
The Service Recipient accepts that ŞARJTAK’s records, electronic data, logs, and system records constitute conclusive evidence under Article 193 of the Turkish Code of Civil Procedure.
This Agreement enters into force on the date it is electronically approved by the Service Recipient.
SERVICE PROVIDER
TAYRAN GROUP CONSTRUCTION JOINT STOCK COMPANY
SERVICE RECIPIENT