TERMS & CONDITIONS

This section contains the general terms of use of the products provided by Logipoly Yazılım ve Ticaret Anonim Şirketi (shall be hereinafter referred to as Website and Mobile Application), and general rules and legal responsibilities related to it. With your approval and acceptance of the Terms & Conditions, as well as your use of the services offered by Logipoly Yazılım ve Ticaret Anonim Şirketi, the conditions contained in the Terms & Conditions shall be attributed as a legally binding contract.

We kindly ask you to read the Terms & Conditions herein carefully before using the Website and the Mobile Application.

1. 
   1. Parties

   
   The Terms & Conditions has signed between, on the one hand, Logipoly Yazılım ve Ticaret Anonim Şirketi (Logipoly) registered in Beykoz Tax Office with tax identification number 6091232917, whose registeredoffice is located in Rüzgarlıbahçe Mahallesi, Şehit Sinan Eroğlu Caddesi No.6 AKEL İŞ MERKEZİ A Blok Kat: 1 34805 Beykoz - İstanbul, and on the other hand, the User who receives services through the Website and/or Mobile Application as a user.



2. 2. Subject of Terms of Use and Membership Agreement
   
   
   1. 2.1. The determination of the terms of use of the Website and Mobile Application, which will be open to access in order to benefit from the services provided by Logipoly by becoming a member and registering to the Website and Mobile Application and to fulfill the obligations of the User for transportation and cargo transportation transactions, constitute the subject of this Terms & Conditions.
   
   
   2. 2.2. The services provided by Logipoly through the Website and Mobile Application are within the scope of commercial business pursuant to relevant provisions of the Turkish Commercial Code No. 6102, and the relationship between the users for the services performed through the Website and Mobile Application does not constitute a consumer transaction in any way.


3. 3. General Terms and Conditions for Website and Mobile Application Services
   
   
   1. 3.1. Logipoly provides services to the relevant users through the Website and Mobile Application in order to fulfill the transportation of goods / products and cargo transportation transactions to be carried out between natural and legal person merchants and to provide platform services for the users who place orders and the users who will carry out the transportation of goods / products subject to the order.
   
   
   2. 3.2. Logipoly, through its Website and Mobile Application, of which it owns all legal rights, brings together (i) users operating in the field of transportation and (ii) users looking for a transportation company that can carry out the transportation of their goods / products between the locations to be determined, under a single platform.
   
   
   3. 3.3. Examining the Terms & Conditions in detail and accepting and approving it through the Website or Mobile Application constitutes a prerequisite for benefiting from the services offered by Logipoly.
   
   
   4. 3.4. Logipoly shall take necessary measures in accordance with information technology standards for the system, software and other technical conditions of the Website and Mobile Application. Logipoly shall not be liable in any way for any consequences that may arise from the abuse of the Website or Mobile Application by any user or third party despite the technical measures to be taken by Logipoly in accordance with information technology standards.
   
   
   5. 3.5. Logipoly shall make maximum efforts to ensure that the Website and Mobile Application operate uninterruptedly and free from any errors. However, Logipoly does not guarantee that the services provided through the Website and Mobile Application will meet the subjective expectations of the User and will not bear any responsibility that may arise from such issues.
   
   
   6. 3.6. Logipoly is not obliged to check the contents for the goods/products that will be subject to the transportation process, to examine whether there is any illegal activity related to the goods/products in question, any situation that violates third party rights or any other issue that may cause criminal liability, or to investigate possible potential violations. The User shall be solely liable for the mentioned situations.
   
   
   7. 3.7. In the event of any damage to the relevant goods / products during the transportation activities, Logipoly shall not be held liable for such situation. In the event that an application is made to Logipoly in any way due to damages that may arise during transportation activities and if Logipoly is obliged to cover such damages, Logipoly reserves the right to recourse to the User who caused the occurrence of this damage with his/her fault and/or negligence.
   
   
   8. 3.8. In the event that the rights of use of the user account information allocated to the User are shared by the User with third parties or organizations, the User is solely liable for any damages that may arise, including the obtainment and use of the password with malicious intent by third parties. Likewise, the User may not use someone else`s IP address, e-mail address, username and other information, nor may the User access or use the private information of other users without permission. Any legal and penal liability that may arise from such use shall belong to the User.
   
   
   9. 3.9. Logipoly reserves the right to make unilateral changes at any time in the policies and any other terms on the Website and Mobile Application, including the Terms & Conditions herein. In the event that Logipoly makes any changes to the policies and any other terms and conditions on the Website and Mobile Application, the User will be notified through appropriate channels and methods.
   
   
   10. 3.10. Logipoly may include links to other platforms, which may or may not be its own brand, on the Website and Mobile Application. Considering that the content of such external platforms may change over time, the external platform shall be fully liable for the User`s use of information, the privacy principles and content of the relevant platforms, and Logipoly shall not be held liable for visits to these sites due to the links given to external platforms or recommendations made regarding external platforms.
   
   
   11. 3.11. The Website and Mobile Application may only be used by legal entities and persons of legal age who can enter into a legally binding contract(s) in accordance with the provisions of the legal legislation. Should these conditions are not met, Logipoly reserves the right not to allow the use of the Website and Mobile Application.
   
   
   12. 3.12. During the use of Logipoly services via the Website or Mobile Application, Logipoly shall request permission to obtain the location of the relevant carrier natural person via the Website or Mobile Application in order to provide the owner of the goods/products and the carrier with the cargo location. This location data will be processed solely for the purpose of the performance of the contract and to ensure the performance of the users obligations, and the carrier natural person will have the right to turn off the location data at any time. However, in the event that the performance of contractual obligations is not possible at all or is prevented from being duly fulfilled as a result of the closure of the location data, Logipoly shall have the right to suspend or temporarily or permanently terminate the access to the Website or Mobile Application. Furthermore, the User who will undertake the transportation process shall be solely liable for any damages that may arise from the inability of the owners of the goods / products to follow the transportation process of the relevant goods / products as a result of the carrier`s closure of the location data.


4. 4. Website and Mobile Application Usage and Security Conditions

   
   Under circumstances set forth below, Logipoly may unilaterally block users access to the Website and Mobile Application temporarily and/or permanently, and reserves the right to initiate all kind of legal actions against the user or its officials/staff involved in the attempts given below as examples. For the avoidance of doubt, the following circumstances are listed as examples and are not limited in any way:

   • (i) Recording false, irregular, incomplete and misleading information on the Website or Mobile Application, including expressions that do not comply with the general rules of public decency and do not comply with the legal regulations of the Republic of Türkiye and international norms;
   
   
   • (ii) Using or attempting to use the Website or Mobile Application for different purposes by partially or completely copying the works and content on the Website or Mobile Application, of which all legal rights belong to Logipoly;
   
   
   • (iii) Using software that will threaten the general security of the Website or Mobile Application, preventing the operation of the software used on the Website or Mobile Application and any other system, performing and/or attempting to perform such activities and obtaining, deleting, changing, reverse engineering, interfering with the source code;
   
   
   • (iv) Installing or otherwise spreading any virus, adware, spyware, worm or other malicious code on the Website or Mobile Application; making commercial offers or performing advertising activities to any other user of the Website or Mobile Application without Logipoly`s consent;
   
   
   • (v) Damaging Logipoly and/or its business partners, providing an unfair benefit, conducting repeated actions, acting in a manner that does not comply with the truth, benefiting from the services despite meeting the conditions required in terms of service, via taking advantage of any vulnerability of Logipoly`s service system or the Website and Mobile Application,
   
   
   • (vi) Using or allowing the use of trademarks, trade names or other titles/logos or other intellectual property rights of Logipoly or its business partners in promotion, publication or other channels without obtaining any written approval of Logipoly,
   
   
   • (vii) Engaging in activities that will jeopardize the security of user and password information allocated for the User to make transactions through the Website and Mobile Application and thus causing unauthorized access;
   
   
   • (viii) Infringement by the User of the intellectual property rights of any third party;
   
   
   • (ix) Engaging in actions that are contrary to the provisions of the legal legislation of the Republic of Türkiye and the rules regulated under the law of any other country, including but not limited to unfair commercial practices and / or unfair competition, putting forward an attempt regarding possible actions, intervening such actions.


5. 5. Obligations of Users
   
   
   1. 5.1. The User accepts, declares and undertakes that he/she has read the Terms & Conditions herein in full, fully understands its content, and unconditionally and completely accepts and approves all terms and conditions within the Website and Mobile Application.
   
   
   2. 5.2. The User agrees, declares and undertakes that he/she will not use the service provided by Logipoly on the Website and Mobile Application in any way that disrupts public order, violates public decency, disturbs and harasses third parties and other users, for an illegal purpose, infringes the intellectual or industrial rights of others (copyright, trademark or patent, etc. all other rights); in addition, the User accepts, declares and undertakes that he/she will not engage in activities and works that prevent or make it difficult for third parties to use the services provided through the Website and Mobile Application.
   
   
   3. 5.3. The User accepts, declares and undertakes that he/she will not give the password and other user account information allocated to him/her by Logipoly or determined by him/her to third parties except authorized personnel; that the rights he/she has for the use of the Website and Mobile Application with the Terms & Conditions herein belong only to him/her and that he/she cannot transfer them to third parties except the consent of Logipoly; that he/she will be solely liable for the use of user account information and/or password by third parties and that he/she cannot hold Logipoly liable in any way for this reason.
   
   
   4. 5.4. The User accepts, declares and undertakes that it is under his/her sole responsibility to ensure the security of the user account information and password he/she sets while becoming a member of the Website and Mobile Application; to take all necessary precautions; not to use other users membership accounts, user names, passwords; not to access other users data without permission and not to share their passwords with third parties; to immediately notify Logipoly in writing when they learn that the user account information and/or password is used by unauthorized persons or is obtained by third parties.
   
   
   5. 5.5. The User accepts, declares and undertakes that he/she will not distribute messages containing legally prohibited information, chain mail, malicious software such as viruses, worms, etc. and any other content that may harm third parties and/or other users and/or Logipoly.
   
   
   6. 5.6. The User accepts, declares and undertakes that the information he/she will provide about himself/herself and his/her authorized personnel is accurate, complete and full, and that he/she will update this information immediately if the information he/she provides changes.
   
   
   7. 5.7. The User agrees, declares and undertakes not to use the Website and Mobile Application as a commercial promotion area and not to attempt to promote or sell products or services or direct other users to sales channels through the Website and Mobile Application. Logipoly, at its sole discretion, has the right to terminate the membership of users of whom it determines that the Website or Mobile Application is used for such purposes, to terminate the services provided temporarily or permanently, and to exercise any other legal rights.
   
   
   8. 5.8. The User accepts, declares and undertakes that (i) in the event that he/she benefits from the transportation service of his/her goods/products between the locations to be determined, he/she will fulfill the obligation to pay the service fee for the service in accordance with the terms of the Website and Mobile Application and (ii) in the event that he/she provides transportation services for another users’ goods/products , he/she shall fulfill the obligation to deliver the relevant goods/products in an undamaged, complete, defect-free and complete manner. Users shall ensure that the goods/products are not in the nature of products prohibited for transportation activities. Logipoly is not obliged to investigate in any way the authenticity, reliability, accuracy, originality, quality and quantity of the goods / products subject to transportation activities between users.
   
   
   9. 5.9. In the event that the User violates any obligation in this article as a result of negligence and / or fault or takes actions that may cause other users to violate their obligations, the User accepts, declares and undertakes that;
      
      
      • (i) In the event that it suffers damages, that it has no right to claim these damages from Logipoly and that it cannot direct any lawsuit or claim to Logipoly for this purpose,
      
      
      • (ii) In the event that a third person or other user suffers damage due to its breach, it will remedy this damage immediately and at once at the first request, and if Logipoly is obliged to compensate the damage, it will be recoursed to it together with all legal interests and other secondaries to become due as of the date of payment of the relevant damage and will immediately compensate the recourse amount,
      
      
      • (iii) In the event that it causes Logipoly to pay a judicial or administrative fine as a result of the such breach, Logipoly will recourse to this amount together with all legal interests and other accessories to become due as ofthe date of actual payment and will immediately compensate the recourse amount,
      
      
      • (iv) In the event that Logipoly suffers a loss directly due to its breach, it shall immediately indemnify Logipoly together with all legal interest and its secondaries to become due as of the date of the loss.


6. 6. Intellectual and Industrial Property Rights
   
   
   1. 6.1. Designs, texts, shapes, images, HTML codes and any other codes, interfaces, databases (advertisements and content), graphics, and, including but not limited to, all kinds of content and documents that could be presented to the User on the Website and Mobile Application are the property of Logipoly and/or Logipoly has all rights under the Law No. 5846 on Intellectual and Artistic Works.
   
   
   2. 6.2. Copying, sharing, disclosing, distrubiting the applications and any other compositions and Logipoly trademarks for which Logipoly owns intellectual and industrial property rights are prohibited.
   
   
   3. 6.3. Logipoly shall not be liable for any infringement of the intellectual and industrial property rights of the relevant right holders of the trademarks, logos, emblems and similar identifying marks of the goods/products subject to the transportation and transportation services provided through the Website and Mobile Application. Users are solely liable regarding these matters.
   
   
   4. 6.4. Logipoly, its employees and/or managers do not accept any liability for damages that may arise due to the transport activities of the products/goods through the Website and Mobile Application, and all responsibility belongs solely to the users.


7. 7. Confidentiality
   
   
   1. 7.1. “Confidential Information” refers to all information that Logipoly discloses to the User, the User`s affiliated companies or the employees, officers, directors, partners, shareholders, representatives, agents, attorneys, accountants, consultants or other related persons of such User or its affiliated companies (collectively referred to as Representatives), whether orally or in writing, accessed, displayed or otherwise indicated electronically or in any other form or medium, which is confidential or proprietary or not publicly available. Confidential information includes, but is not limited to, the following subjects; (i) all information regarding past, present and future business relationships between Logipoly and suppliers and business partners of its users and other third parties, including, but not limited to, financial information, customer information, supplier and business partner information, products, services, organizational structure and internal practices, forecasts, sales results and other financial results, records and budgets, business, marketing, development and sales strategies and the other strategies; (ii) Logipoly`s ideas, methods, trade secrets, know-how, unpublished patent applications and any other intellectual property rights; (iii) all designs, specifications, documentation, components, source code, intent code, images, audiovisual elements and objects, and other visual depictions of the above; (iv) all notes, analyses, compilations, reports, estimates, studies, samples, data, statistics, summaries, interpretations and other materials which contain, are based on, reflect or are derived in whole or in part from the above.
   
   
   2. 7.2. The parties accept, declare and undertake to; (i) take at least the standard of care to protect and preserve the confidentiality of Confidential Information with the utmost confidentiality that it would take to protect its own confidential and proprietary information and, in any event, to take all reasonable precautions; (ii) not use or permit to be accessed or used Confidential Information outside of this contractual relationship in any manner that would be detrimental to the party in possession of the Confidential Information, including but not limited to reverse engineering, segregation, decompilation or design; (iii) not disclose such Confidential Information to any natural or legal person other than its Representatives who have a need to know in connection with the contractual relationship or for the purpose of directing or acting on behalf of the relevant party to fulfil its obligations under this contractual relationship, who have been informed by the relevant party of the confidential nature of the Confidential Information and who are subject to confidentiality duties and responsibilities no less restrictive than the terms and conditions stipulated under this contractual relationship; (iv) shall be liable for any breach of the terms of this contractual relationship caused by its Representatives; and (v) immediately notify the other party of any unauthorized use or disclosure of Confidential Information or any other breach of the contractual relationship by itself or its Representatives.
   
   
   3. 7.3. Upon written request of the party in possession of the Confidential Information at any time during or after the term of this contractual relationship, the other party or its Representatives shall (i) immediately cease to use the Confidential Information and (ii) immediately return all copies of the Confidential Information in written, electronic or other form or media to the other party in possession or destroy all such copies and confirm in writing to the other party that the Confidential Information has been destroyed. The party concerned shall also destroy all copies of notes and other copies prepared by it and its Representatives and shall confirm the destruction of such copies in writing to the party in possession of the Confidential Information.
   
   
   4. 7.4. If the parties cause a breach of the confidentiality obligation in the contractual relationship, the parties accept, declare and undertake that they shall compensate the material and moral damages and losses, profit losses, damages arising from loss of customers, etc., without prejudice to any other rights of the other party and without the condition of fault and damage, in cash and with interest at the first written request of the damaged party and without the need for any court verdict.


8. 8. Termination of Website and Mobile Application Services
   
   
   1. 8.1. Logipoly and the User have the right to unilaterally terminate the Terms & Conditions at any time without any justification and not being bound by any condition.
   
   
   2. 8.2. The User accepts, declares and undertakes to immediately compensate for any damages and losses incurred by Logipoly and/or third parties in the event that the User violates any of its obligations as a result of its fault or negligence and violates these obligations or causes any third party to violate its obligations, and accepts, declares and undertakes that its membership may be cancelled by Logipoly and that this Terms & Conditions and any other written agreements that may be concluded between the parties may be terminated immediately.
   
   
   3. 8.3. If Terms & Conditions expires for any reason and the membership relationship is no longer in force, the rights and obligations arising until the relevant expiry date shall be mutually performed by the parties. For the avoidance of doubt, it should be stated that if the User or any other user or third party gets damaged as a result of the User`s fault or negligence, Logipoly reserves the right to not pay any fee and deduct the receivables User has, if any, for the compensation of such damages.


9. 9. Restriction of Liability

   Logipoly shall provide the Website and Mobile Application services with reasonable care and skill. Logipoly does not provide any commercial guarantee other than making the Website and Mobile Application available to the users and ensuring that the transportation services between the users are provided by the users. In this respect, Logipoly is not responsible for any direct or indirect damages or loss of profit that may arise from the Agreement. The User accepts, declares and undertakes that Logipoly shall not be liable in any way for the results obtained from the use of the services or provide any guarantee.



10. 10. Dispute Resolution

    Any dispute arising out of or relating to the existence, negotiation, validity, formation, interpretation, breach, performance or execution of the provisions of the Terms & Conditions herein and the services underlying the contractual relationship shall be settled by binding arbitration in accordance with the arbitration rules of the Istanbul Arbitration Centre (ISTAC). The number of arbitrators shall be 1 (one). The seat of arbitration shall be Istanbul, Türkiye. The language to be used in the arbitral proceedings shall be Turkish. Turkish Law shall apply to the arbitration agreement. All proceedings of the arbitration, including its consequences, shall be kept confidential.



11. 11. Miscellaneous
    
    
    1. 11.1. All notices, approvals, requests, and all other correspondence and notifications to be made between the parties shall be in writing via the e-mail address provided by the User during the Website and Mobile Application membership phase and Logipoly`s communication channels notified to the User by Logipoly.
    
    
    2. 11.2. The User shall not transfer the rights and obligations arising from the Terms & Conditions herein to any third party without the prior written consent of Logipoly. Logipoly shall notify the User in writing to obtain written approval for the transfer of rights and obligations, and Logipoly`s failure to provide any written response, regardless of any time limit given in this written notification, shall not constitute approval and/or tacit acceptance of the transfer of the rights and obligations of the User to the third party/parties.
    
    
    3. 11.3. The User accepts, declares and undertakes that in disputes that may arise from this Terms and & Conditions, Logipoly`s official books and commercial records, e-archive records, electronic information and computer records kept in its database and servers shall constitute binding, conclusive and exclusive evidence and that this article is an evidential agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
    
    
    4. 11.4. No provision of this Terms & Conditions may be interpreted as establishing an agency, dealership, distributorship, partnership or joint venture relationship (Joint Venture) between the parties or their immediate or indirect successors.
    
    
    5. 11.5. By confirming this Terms & Conditions electronically, the User shall be a party to the contractual relationship and shall be bound by the provisions of the Terms & Conditions herein. If any of the provisions of this Terms & Conditions becomes inapplicable or invalid due to a new law or legislation, the invalidity of a provision that does not affect the essential elements of the contractual relationship and the purpose of its establishment shall not affect the remaining provisions of the Terms & Conditions.

This Terms & Conditions, consisting of 11 (eleven) articles, shall enter into force on the date of approval in an electronic environment and shall be valid from the effective date until its termination.