MEMBERSHIP AGREEMENT
1. PARTIES
CW Enerji Mühendislik Ticaret Ve Sanayi Anonim Şirketi ("CW Enerji"), the operator of the "cv-charging.com" website and CV Charging Vehicles mobile applications (hereinafter referred to as the "Platform") on one side, and the persons, institutions and organizations that visit, become members and shop on these Platforms on the other side (hereinafter referred to as "Member" or "User"). This Membership Agreement (hereinafter referred to as the "Agreement") regulates the terms of use of CW Enerji's licensed Electric Vehicle Charging Station Network (hereinafter referred to as "CV Charging Vehicles") and Platforms.
2. AGREEMENT APPROVAL
When the user/member fills out the membership registration form and confirms by pressing the relevant button, they are deemed to have accepted and committed to comply with the provisions and articles of this Agreement.
3. DESCRIPTION OF SERVICES
Members can get information about the locations and fees of CV Charging Vehicles stations through the platforms, plan their travels, start/finish charging processes, make reservations, and benefit from other value-added services.
4. MEMBERSHIP
To be a platform member, it is necessary to complete the membership registration form and confirm this agreement by pressing the relevant button. Once the user completes the membership process, they will have a password of their choice. The password is personal to the member and known only to the user. The user can change the password at any time. The selection and confidentiality of the "Password" are entirely the responsibility of the user. The platform or CW Enerji cannot be held responsible for password security. Entry of the "Password" is mandatory to benefit from services requiring membership.
5. USER/MEMBER OBLIGATIONS
The user or member accepts, declares and undertakes irrevocably the following while using the services;
5.1 To comply with the laws of the Republic of Türkiye, general moral principles, international legal rules and agreements, as well as laws or binding provisions accepted or to be accepted for electronic communication, the special rules determined by individuals providing space for electric vehicle charging stations in coordination with CW Enerji, and will be responsible for any legal consequences and any follow-up actions that may arise if they fail to comply,
5.2 That the information it provides is correct and accurate, that it bears full responsibility for any damages and disruptions that may occur due to incomplete or incorrect information entry, and that its membership may be terminated in such cases,
5.3 That the platform or CW Enerji cannot be held responsible for lost and/or incomplete or incorrect information reported by the Member, messages and files during the use of the platform,
5.4 Not to copy, distribute, reproduce, reproduce, use, use, modify or modify any material on the platform in any way,
5.5 That the service provided and the content of the platform are only suitable for persons and institutions that are qualified for use, otherwise the platform will not be held responsible,
5.6 Not to access the services offered through the platform in an unauthorized manner, except as determined and explained by the platform, not to change the software in any way, not to use those that are obviously modified, not to harm CW Enerji or third parties by taking advantage of any vulnerability (technical, financial, etc.) of CW Enerji's campaigns, sales system, platforms, not to harm CW Enerji or third parties, not to provide an unfair benefit, otherwise, it will pay all negative and positive damages that the platform and / or CW Enerji may suffer directly or indirectly,
5.7 That it will not hold the platform or CW Enerji responsible for any damages resulting from unauthorized access to data,
5.8 That all visual and written materials such as correspondences, subject titles, nicknames, patterns, pictures, photograph, etc. be added to the platform / profile / place will comply with legal rules, copyright laws, general morality and etiquette, and will not contain threatening, racist, obscene, or immoral elements, acknowledges that the responsibility for any files added to the sharing environment, such as personal ideas, thoughts, expressions, or shared files, rests with the user, and agrees not to hold the platform or CW Enerji responsible for these files in any way,
5.9 Not to harass and threaten other users, not to act in a way that prevents them from benefiting from the services, not to send information or programs that may damage the information or software on their computers, not to save personal information belonging to others, not to use it for malicious purposes,
5.10 Not to publish, print or distribute any material or information that is defamatory, disparaging, immoral, indecent, indecent or unlawful to the names of individuals or organizations,
5.11 Not to engage in commercial activities on the platform, not to advertise, not to sell any goods or services, not to conduct surveys, contests or chain letters without the permission of the platform,
5.12 That all of the records obtained by the platform are within its consent,
5.13 Not to claim compensation by claiming damages that may arise as a result of the use of the platform and not to claim compensation by claiming damages that may arise as a result of the use of the platform, and that he/she is responsible for other losses such as malfunction, loss of information, etc. That the use of the platform may cause in his/her computer and peripheral elements,
5.14 That the name, address and content of the platform are determined by the platform, may be changed without prior notice and that the system may be monitored from time to time or continuously,
5.15 That it has the right to intervene in the operation of the platform for reasons such as technical failures, etc. or when the platform deems it necessary, and not to benefit from the services of the member without giving a reason, to exclude the member from the service and to terminate the membership,
5.16 Not to mail information that is prohibited to be mailed according to the laws and not to distribute chain mail, spam mail, software viruses, etc., electronic mail and messages that are not authorized to be sent,
5.17 That he/she is personally responsible for all kinds of transactions to be made with his/her "username" and "password" on the platform,
5.18 If a credit card or debit card is selected among alternative payment channels in the process of receiving electric vehicle charging service, it is obliged to use a valid card, and if the validity of the card used is not confirmed, it cannot benefit from the charging service,
5.19 That it will accurately report the information requested during the electric vehicle charging service and allow this information to be recorded by CW Enerji, otherwise it will not be able to benefit from the charging service, in which case the expenses made or to be made by CW Enerji will be covered by itself,
5.20 To pay all fees related to the charging process that will be initiated in any way with the RFID card, mobile phone application, etc. identification method allocated to him/her (including the fees of the transactions to be carried out by such third parties in case the member shares his/her identification information (RFID, mobile phone, etc.) with third parties) on time,
5.21 To perform the electric vehicle charging process in accordance with the instructions specified by CW Enerji on the station, on the website, mobile application or station user manual,
5.22 In case of any change in any information such as identity, contact, payment, etc. that it has reported while receiving electric vehicle charging service, it irrevocably accepts, declares and undertakes to update the said change immediately on the Platform, otherwise, if the changed information is not updated on time, all responsibility will belong to it.
6. MEMBERSHIP TYPES AND PRICING
6.1 The member can make payment for the charging service they receive at CW Enerji's EV Charging Vehicles charging stations or other affiliated stations through an RFID card, mobile phone application, or another identification method linked to the account they create within the platforms. During the transaction, the member's identification information linked to the account is sent to and verified by the center through the station, and a charging transaction record is opened in the member's account. The charging fee is determined based on the membership type chosen by the member and recorded in the account after the transaction.
The member can choose one of two different types of membership. This choice will be made at the time of registration and can be changed later by contacting CV Charging Vehicles Member Services.
• Pay As You Use: In this membership type, the member pays a charging initiation fee for each charging transaction, and no monthly membership fee is charged.
• Subscription: In this membership type, the member pays a monthly subscription fee, and no additional initiation fee is charged for each charging transaction.
6.2 In addition to the membership fees mentioned above, variable "Service Fee" and "Electricity Fee" may be charged at different rates at each station. The service fee is determined freely by the station owner, while the electricity fee is determined based on the station owner's electricity subscription and cannot exceed the tariffs set by the Energy Market Regulatory Authority (EPDK). The service and electricity fees of all public stations can be viewed on the platform. It is the member's responsibility to track the fees charged for charging transactions on the platform. CW Enerji or station owners may change these fees at any time without prior notice.
Pricing for Other Services:
Card Activation: Pay As You Use members will be charged the card activation fee as determined on the platform when activating a new RFID card.
Reservation: Subscription members can reserve a station for a certain period before starting a charging transaction. For this, reservation fees and service fees determined by the station owner during the reservation period will be charged to their invoices.
Roaming Subscription: Subscription members can use their CV RFID cards at other station networks affiliated with CW Enerji for an additional fee if they choose. The roaming subscription fee will be charged to the CV subscriber member's invoice.
Roaming Charging Transaction: When subscription members use their RFID cards at other station networks affiliated with CW Enerji, the fees determined by that station network will be charged to their invoices.
Other Services: Members will be charged fees as published on the platform if they use other services provided or to be provided by CW Enerji in the future.
6.3 Members receive RFID cards and/or key fobs for identification at charging stations. Subscription members have the right to receive 2 (two) RFID cards for each account covered by their contracts. Members requesting more cards can open new accounts under their contracts. Pay As You Use members, on the other hand, can link an unlimited number of RFID cards and/or key fobs by paying the activation fee.
6.4 Except for misuse or improper use, if CV Charging Vehicles cards given to members for any reason do not work, a new card will be sent to the member without any charge if the member sends the non-working card to CV Charging Vehicles Member Services.
6.5 In case of theft or loss of the RFID belonging to the member, the member is responsible for immediately deactivating the RFID through the platform or requesting it to be deactivated or canceled by calling CV Charging Vehicles Member Services. The member is responsible for all transactions made with unreported RFIDs. If new cards are issued for stolen/lost cards, the card activation fee will be charged to the member's invoice.
7. PAYMENT TERMS
Service and electricity fees for charging transactions, as well as other membership fees (charging initiation, subscription, card activation, reservation, roaming, etc.), are paid in advance by the member and invoiced after payment. Legal interest rates apply to unpaid amounts and accounts associated with unpaid bills may be frozen or closed, thus disabling transaction authorization. In addition, enforcement proceedings may be initiated for overdue invoices, and the account may be closed. After the debts of closed accounts, including relevant enforcement costs (such as attorney fees, litigation expenses, etc.), are paid, they may be reopened. Activation fees for reopened accounts will be charged again.
8. CW ENERJİ'S AUTHORITY
8.1 CW Enerji reserves the right to temporarily suspend or completely stop the operation of the platform or system at any time. CW Enerji shall not be liable to members or third parties for any consequences resulting from the temporary suspension or complete cessation of the system.
8.2 The platform provides users with the opportunity to create a "username" and "password" after completing the mandatory fields on the relevant page of the platform and confirming the filled fields. CW Enerji may refuse membership rights to individuals who fill out these application fields. CW Enerji may prevent users who have completed the membership process and created a password from obtaining a new password or using their password or benefiting from the services without any reason and indefinitely.
8.3 The platform and CW Enerji do not guarantee that services will be provided on time, securely, and without errors, that the results obtained from service usage will be accurate and reliable, or that the service quality will meet expectations.
8.4 The platform and CW Enerji have the authority to back up or delete files and messages kept electronically by users during their use of the services as they see fit and at intervals, they deem appropriate. Neither the platform nor CW Enerji can be held responsible for the consequences of backup or deletion operations.
8.5 The platform and CW Enerji own the property and copyright of visual and written works such as information, documents, software, designs, graphics, patterns, original texts, cartoons, etc., kept on the platform, either produced by them or obtained through outsourcing or procurement.
8.6 The platform and CW Enerji have the right to use, publish, or transfer commercially the information, documents, software, designs, graphics, etc., produced by users and uploaded to the system at their own discretion. In case these published information is copied and/or published by other users, no copyright fee or usage fee can be requested from the platform.
8.7 CW Enerji is fully authorized to provide users' personal information to content providers, web services, and other users for commercial purposes such as communication, promotion, service, advertisement, etc.
8.8 The platform and CW Enerji may support other commercial companies to carry out all kinds of advertising and promotional activities for the customer by using member registration information without obtaining approval from the Members or may carry out these activities itself. The authority to change the price and features of the charging service belongs to the platform and CW Enerji.
8.9 CW Enerji may facilitate users' transition to other websites. Users cannot hold the platform and CW Enerji responsible for the content of the site they transition to.
8.10 CW Enerji can, when deemed necessary, transform its services and services that do not require membership into services and services that require membership, open additional services and services, change some of its services and services partially or completely, or convert free ones into paid ones.
8.11 The platform has the right not to grant permission to customers to make purchases if their credit card limit is not approved.
8.12 CW Enerji may make changes to the implementation of this agreement, change existing articles, or add new articles in order to comply with technical requirements and changing legislation and laws.
8.13 The information of the members who visit the platforms (visit duration, time, pages viewed) is tracked in order to provide a better service to the members. The information obtained is shared with third parties with whom we cooperate.
8.14 It is the responsibility of the members to take backups of the messages exchanged between them and CW Enerji recommends this practice. CW Enerji cannot be held responsible for the loss, deletion, or damage of messages due to failure to take backups.
8.15 Cancellation of usage and deletion of accounts cannot be done by the member via the platform. Members who wish to cancel and/or delete their accounts must contact CV Charging Vehicles customer service. Access authorization to the platform will be canceled for users who terminate their usage. The person who cancels their usage acknowledges that this action is irreversible.
8.16 CW Enerji is free to delete all kinds of records related to member accounts terminated by itself or the member, and the member cannot make any claims for rights or compensation regarding the deleted records.
8.17 Members' relations with each other or with third parties are under their own responsibility. At the same time, the risks related to the links (links to different websites) on the platforms in order to provide information and convenience to visitors belong to the visitors. CW Enerji has the right to use all information related to use in relation to its own marketing activities, provided that it adheres to the terms of use, privacy principles and applicable legal regulation.
8.18 The member shall fully indemnify CW Enerji for any negative or positive damages that CW Enerji may incur due to the member's breach of the obligations assumed under this agreement. CW Enerji reserves the right to recourse to the member for any compensation and/or administrative/judicial fines that CW Enerji may be obliged to pay to public institutions and/or third parties due to the member's breach of the agreement.
8.19 after reading and accepting these membership and usage conditions, the member will be deemed to have given approval to receive all kinds of commercial electronic communications sent by CW Enerji. In this context, the member accepts that CW Enerji may send electronic communications for notification, marketing, and/or advertising purposes without obtaining any additional approval from the member, using automatic calling systems such as faxes, electronic mail, short message services, or other communication tools. The member may withdraw this approval given to CW Enerji at any time by notifying CW Enerji in writing.
9. USAGE LIMITATION
The visual and written content provided on the platforms is for personal use. All rights to any data and records such as text, audio, visual, etc., contained in the platform content are reserved. Unless otherwise stated, these data and records cannot be used for commercial or personal purposes without permission and without citation. It is prohibited for the Member to publish any element found on the platforms in another medium or website or to link to CW Enerji without CW Enerji's permission. In addition, copying or using the software used in the design of these pages and database creation is strictly prohibited.
10. TAXATION
Transactions resulting from all legal changes outside the scope of this agreement and arising therefrom shall be outside the responsibility and commitment of the platform or CW Enerji and shall be reflected in the contract and service fees.
11. RECORDS AND ANNEXES TO BE CONSIDERED VALID
The user accepts, declares and undertakes that in disputes that may arise from this agreement, the platform's books, microfilm, microfiche, and computer records will constitute valid, binding, conclusive and exclusive evidence within the framework of article 287 of the HUMK (Turkish Code of Civil Procedure), that this article is in the nature of an evidential contract, that he / she waives in advance the right to offer oaths and all kinds of objections that the platform records are duly kept.
This agreement allows the member to perform transactions on all stations connected to CW Enerji's licensed charging network using the RFID (radio frequency identification) card(s), mobile application, or any other identification method provided by CW Enerji. This agreement is an integral part of the account created by the member on the platform.
12. APPLICABLE PROVISIONS
In case of any disputes arising from this agreement, the provisions of this agreement shall take precedence, and in the absence of such provisions, the applicable laws (Turkish Civil Code, Turkish Commercial Code, Turkish Code of Civil Procedure, Turkish Penal Code, etc.) shall apply.
13. AUTHORIZED COURTS AND ENFORCEMENT OFFICES
Antalya Courts and Enforcement Offices shall have jurisdiction over any disputes arising from the application of the provisions and articles of this agreement.
14. EFFECTIVENESS
This agreement will enter into force upon the user filling out the registration form and confirming it by pressing the relevant button and will remain valid until terminated.
15. TERMINATION
Platform / CW Enerji reserves the right to terminate this agreement without giving any reason if deemed necessary.