Membership Agreement

1-PARTIES
This Agreement has been concluded between Torlak Auto, the owner of all rights of the website operating at www.torlakauto.com, headquartered at "Orhanlı, Göktuğ Caddesi No:15, 34956 Tuzla/Istanbul" and the Member (hereinafter referred to as "Member") who is a member of the website, during the member registration phase made by the member voluntarily through the website www.torlakauto.com. By becoming a member of the site, the Member accepts, declares and undertakes that he / she has read, understood and approved all provisions of this Agreement.

2-DEFINITIONS
specified in this Agreement;
Torlak : Torlak ("Torlak Auto" for short),
Member: A natural or legal person who is a member of the website,
Site: The website broadcasting through the domain name www.torlakauto.com,
Vehicle Any make and model of vehicle owned by Torlak Auto and subject to rental,
Agreement: This refers to this "Website Membership Agreement".

3-SUBJECT OF THE AGREEMENT
The subject of this Agreement is to determine the procedures and principles regarding the offering of the vehicles for rent online by Torlak Auto on the website and the mutual rights and obligations of Torlak Auto and the Member. This Agreement shall apply to the vehicle/vehicles to be made on the website and to be rented by the Member.

4- RIGHTS AND OBLIGATIONS of Torlak Auto
4.1. Torlak Auto takes all reasonable security measures stipulated by law in order to prevent the loss, misuse and alteration of personal identity, address and contact information under its control and supervision, but does not guarantee the security of this information. The information and data transferred by the Member to the website shall not be interpreted as confidential information.
4.2. For security reasons, Torlak Auto will be able to monitor and record all activities of the Member on the website and, when deemed necessary, may suspend the Member from the website, freeze membership, cancel membership and make all kinds of similar interventions.
4.3. Torlak Auto may change the format and content of the website partially or completely without prior notice to the Member, as well as change the domain name on which the website is published, use different subdomains, redirect the domain name and/or close the domain name.
4.4. Membership to the website is not a prerequisite for the provision of car rental service by Torlak Auto, and since car rental service can be obtained without being a Member, all benefits offered to the Member within the scope of Membership are in the nature of "Additional benefit".
4.5. Torlak Auto may change the scope and types of services offered on the site at any time and without giving any reason, without informing the Member in advance, as well as partially or completely freeze, terminate or completely cancel the services offered on the site.
4.6. Torlak Auto may make changes and/or updates in the service, rental conditions and operation at any time in order to perform the works and transactions specified in the Agreement more effectively. Members accept and declare that they accept these changes and that they will act in accordance with these changes.
4.7. This Agreement does not contain any commitment regarding the number of vehicles, brand, model, model year and other issues that Torlak Auto will rent. The Member cannot claim any rights and receivables under any name from Torlak Auto for these and other reasons.
4.8. Torlak Auto has the right not to start, stop, terminate and/or cancel the rental activities unilaterally. The Member accepts, declares and undertakes that he/she has no right of objection in this regard.

5- RIGHTS AND OBLIGATIONS OF THE MEMBER
5.1. Membership is completed by fulfilling the membership procedure specified on the site by the person who wants to become a member and making the registration process. By becoming a member, the member accepts the provisions of this Agreement and all kinds of statements regarding membership and services announced or to be announced later by Torlak Auto.
5.2. The Member accepts and declares that the identity, driver's license, address and contact information specified in the membership process are complete and correct, that in case of any changes in his/her information, he/she will immediately forward this information to Torlak Auto, and that he/she will be solely responsible for any legal disputes and damages that may arise due to providing incomplete, outdated or incorrect information. No responsibility and/or defect arising for this reason can be attributed to Torlak Auto.
5.3. The Member accepts and undertakes that he/she will act in accordance with the laws of the Republic of Turkey and the general rules of morality while benefiting from the services specified on the site, will not engage in acts of insult, threat, slander, harassment, etc., will not engage in political or ideological propaganda, will not engage in behaviors that disturb other Members, will refrain from any behavior that defames individuals or institutions, and will refrain from any action that may cause disruption or interruption of the services provided on the site, otherwise he/she will be personally responsible for any damages that may occur.

5.4. The Member agrees and undertakes not to violate the rights of third parties within the scope of intellectual and industrial rights, to respect the copyrights of third parties, not to engage in unfair competition and to respect the trade secrets and private lives of third parties.
5.5. The Member accepts and declares that he/she will use a password that cannot be easily guessed by others while using the site, will not share his/her user name, password, etc. information with others and that he/she will be personally and solely responsible for the security of this information as it is not kept in the site database and that Torlak Auto will not be responsible in any way.
5.6. The Member accepts and declares that he/she will only use his/her own membership account, will not use the account information of other members and will not allow others to use his/her membership account, otherwise, if the contrary situation is detected by Torlak Auto, his/her membership may be canceled and he/she agrees and declares that he/she will compensate all kinds of damages arising/to arise.
5.7. The Member agrees and undertakes that he/she will not send harmful programs, software, codes and similar materials to the site and will avoid any action that may jeopardize the security of the site and members.
5.8. The Member cannot transfer his/her membership account to third parties.
5.9. The Member may not restrict or prevent others from using the site and may not interfere with the operation of the site or the servers or networks used to make the site available.
5.10.Torlak Auto shall not be liable for any direct or indirect damages that may arise directly or indirectly in relation to the access and use of the site, including but not limited to losses and damages arising from virus attacks affecting the member's computer hardware and/or the information obtained from the site.
5.11. The Member agrees that he/she will not use any tool, software or instrument to interfere or attempt to interfere with the operation of the site, will not connect to the site without authorization and will not perform transactions, will not access or use the software and data of other internet users without permission.

6- INTELLECTUAL PROPERTY RIGHTS
6.1. The presentation and all contents of the Site are protected by the Turkish legislation and intellectual property legislation and all information and data published on this site, including all trademarks, logos and service marks, belong to Torlak Auto or its licensors. The Member may not, directly or indirectly, distribute, transmit, modify, copy, display, reproduce, republish, publish, process or otherwise use the content of the site in kind or in any other way or allow anyone else to access or use the services of the site without the written consent of Torlak Auto. Otherwise, the Member shall be responsible for paying Torlak Auto any and all damages incurred/to be incurred by Torlak Auto and any and all compensation amounts demanded from Torlak Auto due to damages incurred by third parties, including but not limited to licensors.
6.2. Torlak Auto reserves all rights to all assets, real and personal rights, commercial information and know-how, including Site services, Site information, copyrighted works of the Site, trademarks of the Site, commercial appearance of the Site or any material and intellectual property rights related to the Site.
6.3. All rights to all texts, graphics, visuals and all images on the Site are reserved and may not be disposed of without permission.
6.4. Any unauthorized disclosure and use, including but not limited to the unauthorized use of all financial rights related to the content, design and software of the Site (processing, reproduction, dissemination, representation and public presentation) shall constitute a violation of intellectual and industrial property rights.
6.5.Members accept and undertake that they will act in accordance with the provisions of the Turkish Code of Obligations, the Turkish Penal Code, the Law on Intellectual and Artistic Works, the Turkish Commercial Code, the Decree Law on Trademarks and all kinds of legislation that will come into force in the current and / or future. Any legal, administrative, criminal and financial liability that may arise due to the contrary use belongs to the Member and Torlak Auto reserves the right of recourse.

7- RESPONSIBILITY
The Member accepts that there may be deficiencies, communication problems, technical problems, infrastructure and internet failures, power outages and/or other problems, including but not limited to those listed, in the information and services offered/published on the Site, and in the event of such problems/failures, Torlak Auto is authorized to stop or terminate or cancel car rental activities on the site without any need to notify the Member and without giving any reason. The Member cannot claim any rights and payments under any name from Torlak Auto for these reasons.
Torlak Auto does not guarantee that the service will be error-free or that it will be provided continuously or that the service is free of viruses and other harmful elements. Torlak Auto cannot be held responsible for any direct and/or indirect damages arising from the member's use of any product or service. The Member accepts and declares that he/she is personally responsible for any damage and loss that may arise as a result of using the service or the site.
Torlak Auto cannot be held responsible for any direct and/or indirect damages arising from the Member's use of any product or service on the site. The Member accepts and declares that he/she is personally responsible for any damage and loss that may arise as a result of using the service or the site.

8- FORCE MAJEURE
In cases of "Force Majeure", which are unavoidable circumstances, including but not limited to natural disasters, riots, war, strikes, communication problems, technical problems, infrastructure and internet failures, power outages and bad weather conditions, which are beyond the reasonable control of the relevant party and which cannot be avoided despite due diligence; Torlak Auto has the right to perform any of its obligations specified in this contract late or incompletely or not to perform at all. Because Torlak Auto's obligations are suspended during this Force Majeure.  In these and similar cases, Torlak Auto shall not be deemed to be late, incomplete performance or non-performance or default. No compensation under any name whatsoever may be claimed from Torlak Auto for these situations. If the force majeure event lasts for more than 7 (seven) days, Torlak Auto is authorized to terminate this contract unilaterally and without compensation without any notice.

9- MEMBERSHIP CANCELLATION and TERMINATION OF CONTRACT
9.1. In the event that the Member partially or completely violates any or all of its obligations arising from this agreement, Torlak Auto may unilaterally terminate this agreement without any notice and without any justification, cancel the membership of the Member and partially or completely freeze or cancel the services that the Member has received, is receiving or will receive from the site. Therefore, in case of termination, the Member cannot make any rights and claims from Torlak Auto. The Member cannot object to this matter.
9.2. Torlak Auto is authorized to unilaterally terminate this agreement at any time without any reason and without any notice and to cancel the membership of the Member and to freeze or cancel the services that the Member has received, is receiving or will receive from the site partially or completely. In this case, the Member may not claim any right, receivable, loss of profit, loss of profit, damage compensation or any other payment under any other name and title from Torlak Auto by claiming that an unfair, unwarranted, unjustified, unjustified, unreasonable and untimely termination has been made, that good faith has been violated or any other reason and excuse.

10- DURATION OF THE CONTRACT
This Agreement shall enter into force as soon as it is approved on the Site and shall terminate automatically without further notice upon Torlak Auto's cancellation of the Member's membership and/or termination of the services offered on the Site.

11- CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
11.1 The Member shall keep confidential all kinds of information of a commercial, financial, legal or technical nature, whether or not subject to trade secret or other legal protection, which he/she obtains directly or indirectly in relation to Torlak Auto under the performance of this Agreement and shall not disclose it to any person without the permission of Torlak Auto. Otherwise, the Member shall be liable for any damages incurred by Torlak Auto. In addition, Torlak Auto may collect the identity, address, contact, IP and site usage information of the Member in a database for all legal purposes, including but not limited to purposes such as conducting user profile and market research, creating reservation and site usage statistics, and may use this information without any restrictions. Torlak Auto is authorized to share the Member's information with the insurance company, bank and third parties/institutions it deems necessary in connection with the services offered on the website. In addition, Torlak Auto may share this information with third parties/institutions for the purpose of complying with the obligations imposed by law or if requested by the competent judicial or administrative authority in terms of investigation or research or for the protection of the rights and security of users. This confidentiality provision is valid indefinitely even after the contract period expires. 
11.2 Personal data of the Member will be collected by automatic or non-automatic means in accordance with the performance of the contractual relationship or for other reasons stipulated by law within the framework of the operation and development of the services. Such personal data will be processed by Torlak Auto for other purposes such as providing services such as reservation and vehicle sales, increasing company recognition with gifts and messages to be sent with announcements/celebrations and other content, providing general or personalized advertising, announcements, campaign information for the promotion and marketing of services, providing better service to customers by managing customer satisfaction or complaints in order to provide better service, and conducting customer surveys and feedback within the framework of the loyalty program; The Member has expressly consented to these matters. The execution of the contract, data security will be transferred to the companies within the group of companies to which Torlak Auto is affiliated and the databases used in common with them, institutions and organizations where the approval of their applications will be obtained, official institutions, authorized representatives, insurance companies, information technology service providers, companies providing call center services, companies used as intermediaries for shipping and cargo delivery, third parties whose services are used or cooperated with, for the execution of the contract and the performance of the services in the same way; The Member has expressly consented in these matters.
11. 3 Within the framework of the Personal Data Protection legislation, personal data; to learn whether it has been processed, to request information if it has been processed; to learn the purpose of processing and whether it is used by us in accordance with these purposes, to learn the third parties to whom it is transferred domestically or abroad; to request correction in case of incomplete or incorrect processing; to request deletion or destruction or anonymization in case the reasons requiring its processing disappear; in these cases or in case of correction, to request that these be notified to third parties to whom data are transferred; to object to this situation if it is thought that a result to the detriment of the Member has arisen by analyzing the processed data exclusively through automated systems; to request the compensation of this damage in case it suffers a loss due to unlawful processing; has the right.
11.4 Within the scope of the Law on the Regulation of Electronic Commerce, the Member has consented to the sending of commercial electronic messages to the contact addresses currently owned by Torlak Auto or to be provided in the future. Commercial messages containing data, audio and video content for all kinds of commercial purposes, including but not limited to commercial electronic messages for changes, use and maintenance regarding the goods or services provided, can be sent electronically using means such as telephone, call centers, fax, automatic dialing machines, smart voice recorder systems, electronic mail, short message service.

12- NOTICE
The parties accept and undertake that the addresses specified during the membership process are the legal notification addresses and that the notifications to be made to these addresses will have all the legal consequences of legally valid notification unless the address change is notified to the other party in writing.
The member, changes to be made in the contract and services, cancellation of membership, termination of this contract, termination of this contract, etc. has consented to all kinds of notifications to be made to the e-mail address specified during the membership process, and whether or not the notifications made by e-mail are received or not, the notification is notified from the moment it is sent by Torlak Auto and accepts and undertakes that it will have legal consequences. Torlak Auto is not responsible for the late or non-receipt of the notification and its consequences. Electronic mail and fax cannot be used in the correspondence of the Member with Torlak Auto.

13- CHANGES IN THE PROVISIONS OF THE CONTRACT
Torlak Auto has the right to unilaterally change the provisions of this Agreement without the need to notify the Member and without giving any reason. The Member shall be deemed to have accepted such changes as of the moment they are published on the Site. The Member accepts this matter irrevocably in advance.

14- AUTHORITY and EVIDENCE AGREEMENT
14.1. Turkish Law shall apply to the solution of the problems arising from the implementation of this agreement and Istanbul Anatolian Courts and Execution Offices shall be authorized.
14.2. The Member agrees that in disputes that may arise, all documents, records, books and all kinds of information, writings and records of Torlak Auto on computer and internet media shall constitute the sole, exclusive and conclusive evidence and shall be binding, and that this article is an evidence contract within the scope of Article 193 of the CCP.

15- OTHER PROVISIONS
15.1. In the event that any provision of this Agreement is deemed invalid or no longer applicable for any reason whatsoever, the other provisions of the Agreement shall remain in force.
15.2. Torlak Auto's failure to exercise or delay in exercising any right or power it has under the Agreement does not constitute a waiver of that right or power, nor does the exercise of a right or power alone or in part preclude the subsequent exercise of that or any other right or power. The waiver of any term, clause or provision of this Agreement shall not mean or be construed as a subsequent or continuing waiver of that term, clause or provision.
15.3. From the moment this agreement is approved on the Site, it replaces the agreement previously approved on the Site, if any. In case of dispute, the provisions of this agreement shall apply, regardless of which agreement arises from the period in force. The Member accepts, declares and undertakes that he/she has no rights and receivables from Torlak Auto due to the contract and commercial operation previously approved on the Site, if any, and that he/she releases Torlak Auto irrevocably in the broadest sense in all matters, and that all responsibilities arising and/or to arise against Torlak Auto due to the contract and commercial relationship in question continue.
15.4. Members declare that they have read, understood and accepted all the applications and rules on the site. The Member declares that he / she accepts the regulations that may be contrary to his / her interests in the entire contract by knowing and understanding the consequences.
15.5. The Member cannot transfer or assign its rights, receivables and obligations arising from this contract to third parties without obtaining the written consent of Torlak Auto in advance.
15.6 To the extent permitted by law, Torlak Auto shall not be liable for indirect, consequential or punitive damages (including but not limited to lost profits). Torlak Auto's liability for damages arising from breach of any obligation or warranty, including its obligation to indemnify the Member, and its obligation to indemnify third parties, shall be limited to the total amount of the fees payable to Torlak Auto in connection with this Agreement. In any event, Torlak Auto shall in no event be liable for any consequential damages suffered by the Member.

16. ENFORCEMENT and ACCEPTANCE
16.1. This Agreement becomes effective on the date it is announced by Torlak Auto in Torlak Auto. Members accept the provisions of this Agreement by using Torlak Auto. Torlak Auto may amend the provisions of this Agreement at any time and the amendments shall enter into force directly on the date of publication on Torlak Auto by specifying the version number and date of amendment, without any notification and/or acceptance.
16.2. The Member agrees that in disputes that may arise from this Agreement, the electronic and system records, commercial records, book records, microfilm, microfiche and computer records kept in the databases and servers of "Torlak Auto" shall constitute binding, conclusive and exclusive evidence, that he/she releases "Torlak Auto" from the oath offer and that this article is an evidence contract within the meaning of Article 193 of the CCP No. 6100. It accepts, declares and undertakes that this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.