Olev Taşımacılık Teknoloji Geliştirme Turizm Anonim Şirketi (shall be referred as “Olev” hereafter) is a technology platform (shall be referred as “Application” hereafter), which brings together the drivers with the customers (shall be referred as “Customer” hereafter). Olev and Customer together shall also be referred as “Parties”.
1. APPLICATION AND MEMBERSHIP
- 1.1. After Customer downloads the Application, fills the required sections for registration and confirms the cell number, he/she can start using the application under these terms hereby by entering his/her password.
- 1.2. Customer accepts that all information given during application are always whole and complete in every respect, truthful and up-to-date. Customer can always update his/her personal information through the Application.
- 1.3. The use of the application is free of charge.
2. USE OF THE APPLICATION
2.3. Olev reverses the right to remove the Customer from the Application in case Customer does not wait for coming vehicle or does not get on to the coming vehicle without a valid reason.
2.4. Customer is liable to pay all the cost of the trip he/she made by using the Application.
2.5. On trips made through Olev Application, apart from the written cost, Customer is also responsible to pay road use charges such as the bridge and road tolls and coach station fees which are stated in related legislation provisions. Apart from these, no other cost will be demanded from the Customer.
2.6. Customer pays the cost of the trip by using credit card via payment system in the Olev Application.
2.7. Customer enters his/her credit card information to the system for once only and these information is used on following uses without needing to enter the information again. If Customer wants, he/she can register different cards to the system.
2.8. If the limit of the credit card, which is used up-to-date, is full or unable to complete the payment for any reason, Customer can again make payment by using if there is another credit card, which he/she introduced to the system before, or by introducing a new credit card. If the payment cannot be taken by another credit card, the membership of Customer will be suspended until the payment of the made trip is taken.
2.9. Credit Card information of the Customer is not known by Olev, and payment platform is provided by İyzico.
2.10. In case your smartphone is stolen or lost, third parties cannot reach your credit card information. However, you have to request the deletion of your information by sending notification to Olev. Otherwise, third parties can continue to make trip payments by using the application. Olev cannot be held responsible for that kind of situation.
2.11. Customer accepts that he/she will not make any damage to the vehicle, which he/she gets on.
2.12. Customer can notify the drivers, which he/she dealt with or he/she have complaint via the application, from complaint section on the application, however, Olev cannot be held responsible for the behaviors of the drivers. Application is a platform aimed at bringing Customers and Drivers together and increasing the quality and prevalence of the intermediate use experience for related parties. Olev makes the required warnings to drivers and breaks the business relationship with the drivers repeating the same mistakes.
2.13. Customer accepts that he/she will not do any action or transaction, which may exploit the services Olev offers for free.
2.14. In case it is determined that Customer is acting against the Terms mentioned hereby, Olev reverse the right to suspend or completely discard the membership of Customer from the application.
2.15. Customer, who is benefiting from the service offered by Olev, accepts that he/she will use the application in terms of law and its purpose and he is legally responsible for all the transactions and actions, which he/she has done within the application. Olev, directly or indirectly, cannot be held responsible for any transaction, action and/or activity of Customer done against hereby Terms and laws thorough and/or within the application.
2.16. In case that the service is not benefited because of the technical faults of Customer, Olev will not be held responsible and he/she will not be able to give any demand under any name for the reason that he/she cannot perform any of the obligation specified with hereby terms.
2.17. Customer accepts that he/she cannot held Olev responsible, directly or indirectly, for any transaction, action and/or activity done by driver and/or third parties, which are against hereby Terms and law, thorough and/or within the application.
2.18. Customer accepts that he/she is solely responsible for security, preservation of the system access tools (username, password etc.), which he/she uses to benefit from the services offered by Olev through the application, from the third parties.
2.19. Customer accepts that he/she will not multiply, copy, distribute, process any pictures, texts, visual and audio images, video clips, files, data bases, catalogues and lists within the application, which may present offence to the real and personal right and assets of Olev and/or other third parties.
- 2.1. After Customer registers to Application and opens it, when he/she clicks on the Call Vehicle button, through the Application, the closest vehicle to his/her location is directed to him/her and if the driver accepts the call, the information belonging to driver and vehicle is transmitted to Customer.
- 2.1.1. Olev uses its reasonable efforts for the information of the directed vehicle given (estimated arrival time, the distance of the vehicle to Customer) to reflect the truth but cannot be held responsible of the 100% correctness of the information.
- 2.2. After this step, Customer is able to give up from the journey by pressing the cancel button on the screen. Otherwise, Customer accepts to wait the assigned vehicle and getting on to the vehicle.
3.1 Customer can cancel his/her Olev membership anytime without showing a reason with the ways below;
3.1.1 By pressing “Membership Cancellation” button from My Information section,
3.1.2 By sending e-mail to [email protected]
4. CONFIDENTIALITY POLICY AND LICENSES
4.1 Olev collects the following data and information:
4.1.1 Identification data (name, surname, mobile telephone number, e-mail address).
4.1.2 Particulars with respect to the operating system version of the mobile device you are using.
4.1.3 Location data received from the mobile device you are using.
4.1.4 Rating information provided to the driver at the end of the trip and comments.
4.1.5 Comments communicated under the section titled “Proposals and Complaints included in the application.
4.2 For which purpose are the aforesaid data and particulars used by Olev?
4.2.1 To verify your identity (by means of sending a verification code to the mobile phone number you have given).
4.2.2 Providing customer support and eliminating problems.
4.2.3 Notifying you about service updates as well as errors.
4.2.4 Notifying you about the campaigns concerning the application.
4.2.5 To enable the driver give you a call in case he/she desires to confirm the trip request. (Drivers misusing this matter re deleted from our system.)
4.2.6 Although Olev is entitled pursuant to this membership agreement to send notification mails to the electronic mail addresses of its members registered before its side as well as send SMS to the mobile phones, upon certification of this membership agreement, the member shall be deemed as having accepted send notification mails to the electronic mail addresses as well as SMS to the mobile phones. The member is entitled to refrain from receiving any mail and/or SMS by sending an email to the address [email protected]
4.3 Sharing of personal information
4.3.1 Unless obliged to do so by the relevant laws or asked through an order to this effect by the competent authorities, Olev is not allowed to sell, let on lease, market or transfer in any other way whatsoever, the personal data or traffic particulars without obtaining your express authorization that that effect.
4.3.2 Olev is entitled to disclose such personal data and particulars in parallel to the legal request of the relevant legal authorities concerned, in order to meet legal requirements, to act in parallel to our legal rights or defend itself against any legal demands towards rights, to defend the interests of Olev as well as combat forfeiture and duly implement our principles or maintain and protect the rights, property or security of any third party.
4.4 Your data are saved and kept under secure servers. You are allowed to access the application by the password specified by your part and such passwords are stored and maintained in our system as encoded in a non-deniable manner. To secure your password and avoid from sharing of the same are issues under your own responsibility. Notwithstanding the foregoing, it is not to be guaranteed that transfer of such data and particulars over Internet open to public access, is 100% secure. We are making use of encrypted connection and links in order to preserve and protect your data, but risk of any assaults to your Internet connection in the course of data transfer are on your part and account. Any and all security measures required to be maintained following arrival of these date to our servers are adopted ad taken by our side.
4.5 We might possibly share with your part copies of the data kept in our system in parallel to your request therefor, following any security checks required. You are allowed to update certain of your data on the system, as well as call our customer services and ask for updating.
4.6 To enable you use our service in a faster and more efficient way and manner, we are saving the session cookies on your device. If you wish, you are entitled to prevent keeping our such data and particulars by means of a change you would be making on the alignments of your device. However, in the event you select to do so, you might not possibly avail all functionalities of Olev service. We hereby keep reserved our right to make any changes from time to time on and to this Confidentiality Policy. In case we make any such change, information pertaining thereto are to be provided to your side.
5. OTHER PROVISIONS
5.1 INTELLECTUAL PROPERTY RIGHTS
- 5.1.1 Design of the application, its text, image, html code as well as and including but not limited thereto other codes and any and all elements (shall hereinafter be referred to as “works subject to copyrights of Olev" ) belong to Olev. The Customer is not allowed to use Olev Services, Olev’s data and particulars as well as its operations subject to Olev’s copyrights for commercial means and purposes. Without obtaining permission from Olev, the Customer is not allowed to duplicate, distribute any works of Olev subject to copyright nor be engaged with or prepare any other works derived therefrom.
- 5.1.2 Olev’s rights with respect to Olev Services, Olev data and particulars, works of Olev subject to copyright, Olev’s trademarks, Olev business outlook or any assets, real as well as in kind rights, as well as any rights pertaining to commercial information and know-how , including but not limited to any and all kinds of material and intellectual property rights possessed through and on grounds of the application are kept reserved.
5.2. AGREEMENT AMENDMENTS
Olev, is entitled to change and amend the agreement at any time deemed convenient fully at its own discretion and unilaterally, upon announcing the same over the application. Any amended provisions of these terms and conditions shall be validly in effect on the date of such announcement or any time thereafter, upon acceptance of the same on-line by the Customer over the Application, whereas the remaining provisions shall remain in effect as are and continue to give rise to their relevant terms and conditions.
5.3. FORCE MAJEURES
In case of any and all circumstances considered legally as force majeures, Olev is not to be held liable on grounds of failing to perform or delayed performance of any one of its acts and deeds set forth and specified under these Conditions. Such and such other similar events and circumstances shall not be deemed on part of Olev as delay, failure to perform or incomplete performance or as acts of default, or no compensation whatsoever is to be claimed from Olev for these incidents. The expression “Force Majeure” is to be construed as, circumstances beyond reasonable control of the party concerned, which could not be avoided and prevented by Olev despite exhibiting the required care and diligence, including but not limited to acts of God, rebellions, wars, strikes, communication problems, infrastructure and Internet malfunctions, power cuts and adverse weather conditions.
5.4. GOVERNING LAW AND JURISDICTION
In the application and construal of these Conditions s well any and all legal relations arising under these Conditions, Turkish Law is applicable, and in the event of any dispute which arise or might arise under and within framework of the Conditions and/or in connection therewith, Istanbul Central Courts of Law and Execution Offices have jurisdiction.
5.5. TERMINATION OF THE AGREEMENT
These Conditions shall remain in effect until expiry of the Customer’s membership and shall condition to give rise to such terms between the parties including any consequences thereof. In the event the Customer acts in violation of the provisions set forth and specified under these Conditions as well as and including the usage contained in the Application, membership and such other similar rules pertaining to Olev Services, Olev shall be entitled to terminate the agreement unilaterally.
5.6. VALIDITY OF OLEV'S RECORDS
The Customer agrees to and acknowledges hereunder that in respect of any and all kinds of disputes which might possibly arise under these Conditions, electronic records as well a system records kept by Olev in its own database or servers, business record, book entries and accounts, microfilms, microfiches, and computer files shall constitute valid, binding, final and exclusive evidence, they make Olev free from oath proposals, and this article is in character of an evidence agreement in the meaning of Article 193 of the Code of Civil Trial Procedures.
This Agreement has entered into effect upon electronic approval of the Customer and mutual acceptance and ratification.