MEMBERSHIP CONTRACT

1. PARTIES

This “https://seashipservice.com/” membership contract (hereinafter referred to as “Contract”) is signed between the Demirkaya Taşımacılık Ve Lojistik Ticaret Limited Şirketi operating at Mimar Sinan Mah. Sakarya Cad. No:59/A Ataşehir/İstanbul (hereinafter referred to as "COMPANY") and member users of “https://seashipservice.com/” Portal (hereinafter referred to as “Member” or “User”). The Agreement was mutually accepted and entered into force at the time of its approval by the Member electronically.

 

2. DEFINITIONS

Portal: Website with https://seashipservice.com/  extension.

Platform: The mobile application created for https://seashipservice.com/ .

Service Provider/Company: Legal entity that provides the service of forwarding the service or goods supply requests of the member shipowners to the supplier company via the website/mobile application of “https://seashipservice.com/” (Demirkaya Taşımacılık Ve Lojistik Ticaret Limited Şirketi).

Shipowner: Users who request to supply services or goods for their ship or ships registered on the “https://seashipservice.com/” Portal.

Member Supplier Company: Member companies which the member shipowners will send their requests, provide services to the ships or supply goods/products.

Institution: Personal Data Protection Authority.

 

3. SUBJECT OF THE CONTRACT

 

The subject of this Contract is to submit the requests of the member shipowners for the goods/products or services they need for their ships to the member supplier company via the request forms to be created on the Portal or the Platform and is to determine the terms of the service provided in this process. Depending on the service to be provided under the Contract, the conditions for all other services stated under this Contract, including data collection within the Portal and research and marketing activities performed outside the Portal, have been determined.

 

4. RIGHTS AND OBLIGATIONS

 

0. 1. Rights and Obligations of the Member
1. The Member accepts that he/she will comply with the terms in this Contract, understand and approve all the terms and rules set forth herein, while performing the membership procedures, while benefiting from the services provided by the Service Provider through the Portal/Platform, or performing any transactions related to these services. The Member will also be deemed to have accepted the Terms of Use by approving this Contract.
2. It is the Member's sole responsibility to ensure that the information of the Member such as “username”, “password” is secure, stored and kept away from the information of third parties. The Member itself shall be liable for any damages incurred or to be incurred by the Member, other Members, Service Provider or third parties due to all the negligence and faults of the Member in these matters.
3. The Member gives permission in advance for the Company to create an account and profile for himself/herself by making use of all the information including the contact information provided in the membership form ("form") and shared on the Platform/Portal. The Member shall be personally responsible for all legal, criminal and/or administrative liability in any dispute that may arise regarding the accuracy of the information in the Form. The member has the right to update his/her information on the Platform/Portal at any time by logging in with his/her user name and password via the user panel.

 

4. In order to benefit from the services offered on the Platform/Portal, the Member has agreed that the information included in the membership form may be shared with the shipowner members, and accepts in advance that the Service Provider has no responsibility for this sharing.

 

5. The member's contact information is transferred to third parties so that they can send a request form (invitation to suggestion).

 

6. The member is aware that the shipowner member bears all responsibility for the request form sent to him/her by the shipowner.

 

7. The Service Provider has no responsibility for the content of the request form sent by the Member through the Platform/Portal from the shipowner member, the contractual relationship to be established between the Member and the supplier company based on this, and the price.

 

8. In order to benefit from the services offered by the Service Provider/Company, a "user account" must be created by using the "register" option and this account must be verified via the user's e-mail. All responsibility for the accuracy and up-to-dateness of the information shared during membership belongs to the Member. In case of any change in this information, the Member must notify the Service Provider/Company within 5 days. If the Member does not notify in case of a change in the contact information, the Member is responsible for the damages that may arise in this process.
1. All legal permissions stipulated by the legal legislation regarding registration in the system have been granted and it will be deemed that the explicit consent of the user has been obtained. Privacy and protection of the Member's account is entirely the Member's responsibility. The Service Provider/Company bears no responsibility in the event that the member's information is captured by third parties, the transactions made available, some changes are made to the member's information, and legal liability is incurred. It will be deemed that these transactions are made by the member/user. For this reason, the Member (user) is obliged to keep his/her account information private and not to share this information with anyone. The Service Provider shall not disclose the personal information transmitted to it electronically by the Members/Users from the "Portal" to the third parties, except for the purposes and scope determined by the "Membership Contract" with its Members.

 

10. The Service Provider/Company will be able to identify and use the IP address of the users/members when necessary, in order to identify the system-related problems and to solve the problems that may arise on the "Portal" immediately. IP addresses can also be used to identify users/members in a general way and to gather comprehensive demographic information. Personal information includes name-surname, company information, address, telephone number, e-mail address and all kinds of information to identify the user. The member/user has consented to this and is deemed to have given permission with this contract.
11. The Member accepts that he/she is not bound by the request form sent by the shipowner members, and that the Service Provider does not make a guarantee commitment for the conclusion of the contract based on the request form sent by the shipowner members. The obligation of the member is to allow the shipowner members to send him/her a request form (invitation to a suggestion) by sharing his/her contact information. The Member is aware that the Service Provider is not a party to the contract to be established between the member and the shipowner, the role of the Service Provider consists of intermediary and this will be realized through the Portal/Platform. The Member accepts and undertakes that the main obligation of the Service Provider is to send the automatic request form (invitation to a suggestion) created via the Platform/Portal with the options filled by the shipowner, which includes the shipowner's contact information, to the members via e-mail. The Member accepts and undertakes that he/she authorizes the Service Provider to perform the said transactions.

50. The Member accepts, declares and undertakes that he/she approves all kinds of information, advertisement, promotional and marketing messages sent by the Service Provider via mobile application, e-mail, SMS (short message) and any other communication channels.

 

0. 2. Rights and Obligations of Service Provider/Company
1. All kinds of information, services and programs in the Portal can be changed by the Service Provider/Company at any time without any notice.

 

2. The Service Provider/Company has the right to withdraw the rights granted to the Member and close the user account without any prior notice, in case the Member fails to comply with the terms and conditions set forth in this Contract or the possibility of meeting these conditions after membership is no longer available.

 

3. The obligation of the Service Provider within the scope of this contract is to send the requests of shipowner members to the e-mail address specified by the Member in the Portal/Platform. The Service Provider never guarantees that a contractual relationship will be established upon these requests and is not responsible for possible disputes that may arise between the Member and the shipowner member. The Service Provider is only obliged to forward the request form of the shipowner, which is an invitation to the proposal, to the potential seller/supplier member companies.
4. The Service Provider is the person who only shares the information and documents defined in the system by the member and publishes these data to the parties on the platform and is not under the obligation to control the shared content. However, the Service Provider has the right to unilaterally remove the content in case it is determined that the published content is against the general moral rules and the law, or upon a notification to be made by a third parties.

 

1. 5. OBLIGATION TO PAY THE PRICE

 

The member supplier company will not pay any price to the Service Provider for the service received.

 

It is accepted and committed by the Member to protect the information obtained during the performance of the service subject to this contract, not to change or corrupt the data, not to fall into the hands of third parties, and to take all kinds of precautions against malware (virus) threats. In addition, the member undertakes that he will not engage in activities that disrupt the operability of the platform, will not interfere with the system in any way that may infect any virus, "worm", "Trojan horse", will not have a software lock limiting the operation of the system, will not cause any data to be deleted or become unusable. In case of acts contrary to these commitments, the Service Provider unilaterally terminates the contract. The right of the Service Provider to claim compensation is reserved in case of damage caused by this reason.

 

1. 6. CONTRACT MODIFICATIONS

Servıce Provıder may, at its own discretion and unilaterally, change this Contract or part of it at any time it deems appropriate, by posting it on the Portal. These changes will become effective from the date they are announced on the Portal. The Member has no right to change the Contract or part of it unilaterally.

 

1. 7. FORCE MAJEURE

If the obligations arising from the contract become unfulfilled by the parties due to reasons such as natural disasters, fire, explosions, civil wars, wars, riots, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power cuts, which are not under the control of the parties ("Force Majeure"), the parties will not be responsible for it.

 

 

1. 8. COMPLETENESS AND APPLICABILITY OF THE CONTRACT

If one of the terms of this contract becomes partially or completely invalid, the rest of the contract remains valid.

 

1. 9. AUTHORIZED COURT AND ENFORCEMENT OFFICE IN DISPUTE

Istanbul Anatolian Courts and Enforcement Offices are authorized in all disputes arising from or related to this Contract.

 

1. 10. NOTIFICATIONS

All kinds of notifications regarding this contract will be made to the addresses specified in the first article of this contract. Unless the change of address is notified in writing, notifications to the addresses in this contract will result in the provisions and consequences of a legally valid notification.

 

1. 11. PRIVACY

The parties undertake that they will not share the information they have obtained from each other due to other works and transactions based on this membership contract with third parties, without prejudice to the provisions of other agreements and legal regulations between the parties, that they will be kept as trade secrets and that they will not make any disclosures to any person or company without the consent of the other party.

 

1. 12. EFFECTIVE DATE OF THE CONTRACT

Membership registration means that the member has read all the articles in the membership contract and accepted the articles in the membership contract. This Contract was concluded at the time of the member's registration as a member and entered into force mutually.f

 

 

 

 

MEMBERSHIP CONTRACT

1. PARTIES

This “https://seashipservice.com/” membership contract (hereinafter referred to as “Contract”) is signed between the Demirkaya Taşımacılık Ve Lojistik Ticaret Limited Şirketi operating at Mimar Sinan Mah. Sakarya Cad. No:59/A Ataşehir/İstanbul (hereinafter referred to as "COMPANY") and member users of “https://seashipservice.com/” Portal (hereinafter referred to as “Member” or “User”). The Agreement was mutually accepted and entered into force at the time of its approval by the Member electronically.

 

2. DEFINITIONS

Portal: Website with https://seashipservice.com/  extension.

Platform: The mobile application created for https://seashipservice.com/ .

Service Provider/Company: Legal entity that provides the service of forwarding the service or goods supply requests of the member shipowners to the supplier company via the website/mobile application of “https://seashipservice.com/” (Demirkaya Taşımacılık Ve Lojistik Ticaret Limited Şirketi).

Shipowner: Users who request to supply services or goods for their ship or ships registered on the “https://seashipservice.com/” Portal.

Member Supplier Company: Member companies which the member shipowners will send their requests, provide services to the ships or supply goods/products.

Institution: Personal Data Protection Authority.

 

3. SUBJECT OF THE CONTRACT

 

The subject of this Contract is to submit the requests of the member shipowners for the goods/products or services they need for their ships to the member supplier company via the request forms to be created on the Portal or the Platform and is to determine the terms of the service provided in this process. Depending on the service to be provided under the Contract, the conditions for all other services stated under this Contract, including data collection within the Portal and research and marketing activities performed outside the Portal, have been determined.

 

4. RIGHTS AND OBLIGATIONS

 

0. 1. Rights and Obligations of the Member
1. The Member accepts that he/she will comply with the terms in this Contract, understand and approve all the terms and rules set forth herein, while performing the membership procedures, while benefiting from the services provided by the Service Provider through the Portal/Platform, or performing any transactions related to these services. The Member will also be deemed to have accepted the Terms of Use by approving this Contract.
2. It is the Member's sole responsibility to ensure that the information of the Member such as “username”, “password” is secure, stored and kept away from the information of third parties. The Member itself shall be liable for any damages incurred or to be incurred by the Member, other Members, Service Provider or third parties due to all the negligence and faults of the Member in these matters.
3. The Member gives permission in advance for the Company to create an account and profile for himself/herself by making use of all the information including the contact information provided in the membership form ("form") and shared on the Platform/Portal. The Member shall be personally responsible for all legal, criminal and/or administrative liability in any dispute that may arise regarding the accuracy of the information in the Form. The member has the right to update his/her information on the Platform/Portal at any time by logging in with his/her user name and password via the user panel.

 

4. In order to benefit from the services offered on the Platform/Portal, the Member has agreed that the information included in the membership form may be shared with the shipowner members, and accepts in advance that the Service Provider has no responsibility for this sharing.

 

5. The member's contact information is transferred to third parties so that they can send a request form (invitation to suggestion).

 

6. The member is aware that the shipowner member bears all responsibility for the request form sent to him/her by the shipowner.

 

7. The Service Provider has no responsibility for the content of the request form sent by the Member through the Platform/Portal from the shipowner member, the contractual relationship to be established between the Member and the supplier company based on this, and the price.

 

8. In order to benefit from the services offered by the Service Provider/Company, a "user account" must be created by using the "register" option and this account must be verified via the user's e-mail. All responsibility for the accuracy and up-to-dateness of the information shared during membership belongs to the Member. In case of any change in this information, the Member must notify the Service Provider/Company within 5 days. If the Member does not notify in case of a change in the contact information, the Member is responsible for the damages that may arise in this process.
1. All legal permissions stipulated by the legal legislation regarding registration in the system have been granted and it will be deemed that the explicit consent of the user has been obtained. Privacy and protection of the Member's account is entirely the Member's responsibility. The Service Provider/Company bears no responsibility in the event that the member's information is captured by third parties, the transactions made available, some changes are made to the member's information, and legal liability is incurred. It will be deemed that these transactions are made by the member/user. For this reason, the Member (user) is obliged to keep his/her account information private and not to share this information with anyone. The Service Provider shall not disclose the personal information transmitted to it electronically by the Members/Users from the "Portal" to the third parties, except for the purposes and scope determined by the "Membership Contract" with its Members.

 

10. The Service Provider/Company will be able to identify and use the IP address of the users/members when necessary, in order to identify the system-related problems and to solve the problems that may arise on the "Portal" immediately. IP addresses can also be used to identify users/members in a general way and to gather comprehensive demographic information. Personal information includes name-surname, company information, address, telephone number, e-mail address and all kinds of information to identify the user. The member/user has consented to this and is deemed to have given permission with this contract.
11. The Member accepts that he/she is not bound by the request form sent by the shipowner members, and that the Service Provider does not make a guarantee commitment for the conclusion of the contract based on the request form sent by the shipowner members. The obligation of the member is to allow the shipowner members to send him/her a request form (invitation to a suggestion) by sharing his/her contact information. The Member is aware that the Service Provider is not a party to the contract to be established between the member and the shipowner, the role of the Service Provider consists of intermediary and this will be realized through the Portal/Platform. The Member accepts and undertakes that the main obligation of the Service Provider is to send the automatic request form (invitation to a suggestion) created via the Platform/Portal with the options filled by the shipowner, which includes the shipowner's contact information, to the members via e-mail. The Member accepts and undertakes that he/she authorizes the Service Provider to perform the said transactions.

50. The Member accepts, declares and undertakes that he/she approves all kinds of information, advertisement, promotional and marketing messages sent by the Service Provider via mobile application, e-mail, SMS (short message) and any other communication channels.

 

0. 2. Rights and Obligations of Service Provider/Company
1. All kinds of information, services and programs in the Portal can be changed by the Service Provider/Company at any time without any notice.

 

2. The Service Provider/Company has the right to withdraw the rights granted to the Member and close the user account without any prior notice, in case the Member fails to comply with the terms and conditions set forth in this Contract or the possibility of meeting these conditions after membership is no longer available.

 

3. The obligation of the Service Provider within the scope of this contract is to send the requests of shipowner members to the e-mail address specified by the Member in the Portal/Platform. The Service Provider never guarantees that a contractual relationship will be established upon these requests and is not responsible for possible disputes that may arise between the Member and the shipowner member. The Service Provider is only obliged to forward the request form of the shipowner, which is an invitation to the proposal, to the potential seller/supplier member companies.
4. The Service Provider is the person who only shares the information and documents defined in the system by the member and publishes these data to the parties on the platform and is not under the obligation to control the shared content. However, the Service Provider has the right to unilaterally remove the content in case it is determined that the published content is against the general moral rules and the law, or upon a notification to be made by a third parties.

 

1. 5. OBLIGATION TO PAY THE PRICE

 

The member supplier company will not pay any price to the Service Provider for the service received.

 

It is accepted and committed by the Member to protect the information obtained during the performance of the service subject to this contract, not to change or corrupt the data, not to fall into the hands of third parties, and to take all kinds of precautions against malware (virus) threats. In addition, the member undertakes that he will not engage in activities that disrupt the operability of the platform, will not interfere with the system in any way that may infect any virus, "worm", "Trojan horse", will not have a software lock limiting the operation of the system, will not cause any data to be deleted or become unusable. In case of acts contrary to these commitments, the Service Provider unilaterally terminates the contract. The right of the Service Provider to claim compensation is reserved in case of damage caused by this reason.

 

1. 6. CONTRACT MODIFICATIONS

Servıce Provıder may, at its own discretion and unilaterally, change this Contract or part of it at any time it deems appropriate, by posting it on the Portal. These changes will become effective from the date they are announced on the Portal. The Member has no right to change the Contract or part of it unilaterally.

 

1. 7. FORCE MAJEURE

If the obligations arising from the contract become unfulfilled by the parties due to reasons such as natural disasters, fire, explosions, civil wars, wars, riots, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power cuts, which are not under the control of the parties ("Force Majeure"), the parties will not be responsible for it.

 

 

1. 8. COMPLETENESS AND APPLICABILITY OF THE CONTRACT

If one of the terms of this contract becomes partially or completely invalid, the rest of the contract remains valid.

 

1. 9. AUTHORIZED COURT AND ENFORCEMENT OFFICE IN DISPUTE

Istanbul Anatolian Courts and Enforcement Offices are authorized in all disputes arising from or related to this Contract.

 

1. 10. NOTIFICATIONS

All kinds of notifications regarding this contract will be made to the addresses specified in the first article of this contract. Unless the change of address is notified in writing, notifications to the addresses in this contract will result in the provisions and consequences of a legally valid notification.

 

1. 11. PRIVACY

The parties undertake that they will not share the information they have obtained from each other due to other works and transactions based on this membership contract with third parties, without prejudice to the provisions of other agreements and legal regulations between the parties, that they will be kept as trade secrets and that they will not make any disclosures to any person or company without the consent of the other party.

 

1. 12. EFFECTIVE DATE OF THE CONTRACT

Membership registration means that the member has read all the articles in the membership contract and accepted the articles in the membership contract. This Contract was concluded at the time of the member's registration as a member and entered into force mutually.f