User Agreement
1. INTRODUCTION
This user agreement and other rules located at www.etasin.com and/or www.e-tasin.com (hereinafter referred to as the "Website") set forth the terms and conditions related to the services provided by eTaşın and the rules for using the Website.
All policies and rules on the Website are an integral part of this user agreement. By using the Website as a User (hereinafter referred to as the person using the Website), you accept the terms and conditions stated in this agreement from the moment you start using it. If these terms and conditions are not suitable for you, we kindly request that you do not use the Website, do not contact eTaşın personnel (hereinafter referred to as "Customer Service") or do not receive services. eTaşın applies the terms and rules stated in this agreement from the moment it starts providing services through the Website or by phone through Customer Service.
eTaşın reserves the right to unilaterally change or amend this agreement, provided that it is not to the detriment of Users, in order to ensure the continuity of intermediary services, to address future technical issues, or to comply with legislation. eTaşın will make changes to this agreement when deemed necessary, and these changes will be effective as soon as they are published on eTaşın's website. From this moment on, the current agreement will come into effect.
eTaşın values User data. You can review this topic in detail through the Privacy Agreement we share on the Website. We declare that the Data Subject has been informed about the processing of personal data with this Privacy Agreement and consents to the use of their personal data as specified in this agreement.
2. PARTIES
This agreement is made between eTaşın Technology Inc. (hereinafter referred to as "eTaşın") operating at Atatürk Mah. Meriç Cad. Ataşehir Bel. Kad. Gir. No: 10/11 Ataşehir – Istanbul, and on the other hand, the User; by using our services through the Website or eTaşın Customer Service as a User, you have accepted the terms and conditions of this user agreement.
3. SCOPE OF SERVICE
eTaşın directs the mover to carry out the said moving task and acts as an intermediary for the realization of the User's household goods transportation service after the request created by Users who want to benefit from the household goods transportation service within the scope of home moving, storage, and office relocation through eTaşın's Website or Customer Service.
eTaşın is only a platform, not the owner or provider of the services on the Website. eTaşın is an intermediary service provider that provides an online platform for the said moving service. The service in question is provided by movers, and all responsibility within the scope of the specified service belongs to the movers providing the service. According to Article 6.4 of the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce, eTaşın is an intermediary service provider and is not obliged to control the content provided by real and legal persons using the electronic environment in which it provides services, or to investigate whether there is an illegal activity or situation related to this content and the goods or services subject to the content.
4. TERMS AND CONDITIONS OF USE
4.1. Creating a Service Request
4.1.1. eTaşın provides a reservation system that requests the direction of a suitable Mover on the dates and times determined by the User for household goods transportation services. This reservation system belongs to eTaşın and cannot be copied.
4.1.2. eTaşın agrees to meet the requests of any User who is at least 18 (Eighteen) years old and has the capacity to discern. A User who meets these conditions can create a moving request by filling in the information requested in the reservation system correctly and completely in accordance with the terms of this agreement.
4.1.3. In order for the User to create a valid household goods transportation request through eTaşın, it is necessary to provide the necessary information about the service (addresses of the requested move, dimensions and quantities of the items to be moved, house m2, floor, stairs, elevator, vehicle approach distance and parking information, packaging information of the items and similar features, additional services to be received, moving date and time, whether there is another move in the building on the day of the move, etc.) completely, accurately and clearly, and the content must comply with the conditions specified in this agreement. If the above-mentioned information in the service request is incorrect or incomplete by the User, it may change the price of the offered service or cause the moving services to be canceled. eTaşın has no responsibility in this regard. The User or third parties may suffer damage due to incorrect or incomplete information provided by the User. In this case, the responsibility belonging to the User and third parties belongs to the User.
4.1.4. When creating a household goods transportation request through eTaşın Customer Service or the reservation system, items that are outside of standard home/office items must be reported to eTaşın accurately and completely by the User. Items whose quantity is not asked or items whose dimensions are outside of standard household items may change the service fee. Additional services that cannot be requested in the reservation system may change the given service fee or the requested service may not be performed.
4.1.5. Delicate items such as marble tables, models, or items with high sentimental value are outside the scope of the service to be received. The User is responsible for damages to these items.
4.1.6. Safe (home or office type), piano (electronic, wall or grand), heavy or valuable antique furniture, more than one type of white goods (for example, having 2 refrigerators in the house), loading or unloading items at more than one address, furniture larger than normal standards or furniture that cannot be carried with the building elevator (for example, libraries longer than 2 meters, wardrobes longer than 3 meters, dining or study tables longer than 2 meters or garden sets) are not included in the moving service fee. The list of these items should be specified separately.
4.1.7. Transportation of jewelry, piggy banks, tobacco and alcohol products, aquariums, plants, animals, weapons, tubes and gas, and other dangerous materials are not within the scope of the service to be received.
4.1.8. The User cannot direct or impose on the mover regarding matters within the mover's area of expertise such as packaging method, size of the incoming vehicle, moving method, etc., except at the request of the mover during the moving process. As a result of verbal or written direction requests by the User, the price of the offered service may change or the moving services may be canceled. eTaşın has no responsibility in this regard.
4.1.9. The User cannot make any request that would constitute a crime or illegality under current laws.
4.2. Approval of Service Request
4.2.1. After evaluating the service request, eTaşın Customer Service contacts the User to carry out the approval process. All information provided by the User through the eTaşın reservation system is confirmed. In case of differences in the information given during the conversation with the User, eTaşın may change the service fee offered. After this conversation, the User's final approval is obtained. If the User gives approval, an agreement will be reached.
4.2.2. eTaşın reserves the right not to approve the service request created by the User when deemed necessary.
4.3. Change and Cancellation Provisions in Service Request
4.3.1. The User can change the date, time, address, item or service list in the service request before the reservation is approved by Customer Service. In this case, the User can cancel the service request without giving any reason.
4.3.2. If the User cancels the service after the reservation is approved by Customer Service and an agreement is reached; if there are at least 7 (Seven) days until the date the service will be provided, they can receive a full refund of the moving fee, 75% of the fee between 7 (Seven) and 3 (Three) days, 50% of the fee between 3 (Three) and 1 (One) day, and 25% of the fee if there is less than 24 (Twenty-four) to 12 (Twelve) hours. If there is less than 12 (Twelve) hours, no refund will be made. In case the payment is to be made in cash during the moving process, these amounts will be reflected to the User.
4.3.3. If the User wants to change the service date after the reservation is approved by Customer Service and an agreement is reached; if there are more than 3 (Three) days until the date the service will be provided and the new date for the service is at least 7 (Seven) days after the first determined date, no extra fee will be charged for the change. For changes to be made to a date closer than 7 (Seven) days, a 10% date change fee will be added to the moving fee. In cases where there is less than 3 (Three) days until the date the service will be provided, a 15% date change fee will be charged for changes to be made at least 7 (Seven) days after the old date, and a 20% date change fee for changes to be made to a date closer than 7 (Seven) days. In cases where there is less than 1 (One) day until the date the service will be provided, a 50% date change fee will be charged for changes to be made at least 7 (Seven) days after the old date, and a 30% date change fee for changes to be made to a date closer than 7 (Seven) days.
4.4. Cancellation of Moving Service by eTaşın
4.4.1. eTaşın may refuse to provide service and prevent the User from using the Website if the User does not comply with the terms of this agreement or violates the terms of this agreement.
4.4.2. eTaşın may refuse to provide services and move items that have not been previously requested by the User or unapproved items. Only the services committed after the reservation is approved by Customer Service will be adhered to.
4.4.3. eTaşın may cancel the reservation approval if none of its registered movers with accepted quality are available to perform the service after reaching an agreement with the User. In such a case, eTaşın cannot be held responsible for any damage that may occur. If payment has been received from the User after the agreement is made, eTaşın will fully refund the payment within 48 (Forty-eight) hours. In order for the payment to be refunded, the User must share the bank account information to which the fee will be refunded with eTaşın.
4.5. eTaşın's Responsibility
4.5.1. eTaşın is a software and technology company. Within the scope of this agreement, it only provides software and technology support and carries out intermediary activities. eTaşın brings together Users and movers in the field of household goods transportation services thanks to the software and technology it has developed. In this context, eTaşın has no responsibility within the scope of the said service. All responsibility belongs to the mover. Any legal and criminal liability that may arise belongs to the mover. The User accepts, declares, and undertakes that they purchased the service knowing the said situation.
4.5.2. The mover will cover all damages and losses arising from their own fault and negligence during packaging, loading or unloading during the transportation of goods, limited to the total transportation/service fee.
4.5.3. In the exceptional circumstances listed below, the mover is not responsible if the goods are damaged.
a. Transportation of items that have not been packaged by the mover,
b. Insufficient packaging or labeling by the User,
c. At the insistence of the User, despite being verbally or in writing warned by the mover against the risk of damage, loading or unloading of goods that are not suitable for the conditions at the loading and unloading location due to their size and weight,
d. Presence of items loaded, stacked or unloaded by the User,
e. The mover's transportation of money, documents or valuable papers, awards-plaques, paintings, precious metals, stones, jewelry and postage stamps,
f. Transportation of animals, plants and items that are prone to damage due to the nature of the item.
4.5.4. If transportation of items such as mobile phones, computers, monitors, models, antiques, fine arts, items with sentimental value, glass, ceramics, gold, silk carpets and similar items is requested, the transportation process will be carried out outside the scope of the mover's responsibility.
4.5.5. The User may request additional insurance for the moving items. In this case, the insurance costs will be covered by the User.
4.5.6. In order for the User to claim rights in case of damage to their items, they must notify eTaşın and the mover within the periods specified below, along with a photograph clearly showing the relevant damage, and keep a record with the mover.
a. If the damage to the item is clearly visible, within 24 (Twenty-four) hours following the delivery,
b. If the damage to the item is not clearly visible, within 2 (Two) days following the delivery.
Otherwise, the User will not be able to make any claims due to damage to the item and will not be able to assert any rights against the mover after the specified periods. In this case, the User is responsible for the said damage. In the resolution of damages that require repair or replacement and fall within this scope, the User will take the following action. The User is obliged to submit documents proving the value of the item, otherwise the amounts determined by eTaşın and/or the mover will be taken as basis.
4.5.7. The User accepts that at the end of their move, all items requested to be moved have been delivered, they have made their checks in the vehicle where the move was carried out, and none of their items remain. The responsibility for the said situation belongs to the User.
5. PAYMENT
5.1. After confirming their reservation following the Customer Service conversation, the User can make a prepayment of an amount determined by eTaşın to eTaşın by bank transfer/EFT. Prepayment by credit card is not accepted. After the move is completed, the User can pay the remaining fee to the mover in cash, by bank transfer or EFT. Payment by credit card is not accepted for the remaining fee.
5.2. The service fee specified by Customer Service includes the services specified by the User. If the User requests additional services after the reservation confirmation, the service fee may change. The relevant payment will be paid to the mover or additional service provider by the User after the service is performed.
5.3. Receipts/invoices or other documents required to be issued for the service provided are issued by the mover and/or the relevant additional service provider if they have the obligation to issue them according to the relevant legislation. Invoices/receipts or other documents related to the service provided cannot be requested from eTaşın. eTaşın is only obliged to issue invoices for commission fees or communication rights for its own services.
5.4. The User is obliged to provide the correct invoice address when making payment. The responsibility in this regard belongs to the User.
5.5. In case of illegal use of the card by someone other than the cardholder in payments made to eTaşın, action is taken in accordance with the provisions of the Bank Cards and Credit Cards Law No. 5464 dated 23.02.2006 and the Regulation on Bank Cards and Credit Cards published in the Official Gazette No. 26458 dated 10.03.2007.
5.6. If eTaşın agrees with payment institutions for the online payment system, it is only obliged to transmit the necessary instructions to the relevant institution for the payment/refund of the relevant amounts. The storage and secure keeping of User information and all other necessary information by the relevant payment institution and the secure execution of transactions are the responsibility of the relevant payment institution.
6. GENERAL LIABILITY
6.1. eTaşın is not responsible for any data loss arising from the operation of the Website or the application of its terms.
6.2. eTaşın takes reasonable precautionary measures. However, it does not accept responsibility for the consequences that may arise if registered User information falls into the hands of malicious individuals and is misused as a result of attacks on its computer network and the database information on this network.
6.3. To the extent legally permitted under applicable laws, eTaşın is not responsible for the acts, omissions, or behaviors of any third party, Website Users, sponsors, and/or advertisers in connection with the use of the Website.
6.4. eTaşın does not accept responsibility for any direct or indirect, material or moral damages, including but not limited to bodily harm, emotional distress, arising from the behavior of third parties in connection with the use of the Website and/or damages that may arise from the services provided by a carrier.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. eTaşın may, if it wishes, use email, SMS, or other technical means to verify the User's mobile phone number, email address, and other information.
7.2. eTaşın may share news about its new services, promotions, or developments with its Users via email. If Users do not wish to receive such emails, they can stop receiving these notifications by sending a written notice to merhaba@etasin.com.
7.3. eTaşın owns the intellectual property rights to all data created by the use of the Website. eTaşın may prepare reports and statistics containing demographic information with this data, or use such information, statistics, or reports itself, or share them with its business partners and third parties for a fee or free of charge, provided that User information is kept confidential. Such operations do not constitute a violation of eTaşın's privacy policy.
7.4. eTaşın reserves the right to make some or all of its services paid in the future.
7.5. eTaşın may publish comments and evaluations from Users in a way that other Users can see after its control and correction. eTaşın has the authority not to publish these comments when deemed necessary. eTaşın reserves the right to temporarily or permanently change or terminate the Website at any time, with or without prior notice.
7.6. eTaşın may, at any time, at its own discretion, block Users from certain internet protocol addresses from accessing the Website in order to protect the integrity of the Website.
7.7. eTaşın may temporarily suspend or completely stop the operation of the system. The User does not pay any usage fee to eTaşın for the use of the Website. Therefore, the User will not make any claims against eTaşın due to the suspension or termination of the system.
7.8. In the event of any dispute between its Users regarding the violation of intellectual property rights, eTaşın is obliged to act based on a finalized and enforceable court decision that will be presented to it. In other cases, eTaşın acts at its own discretion.
7.9. If eTaşın determines or suspects that the User has violated this agreement, it may prohibit the User from using the Website or temporarily suspend the use of the Website without having to give any reason.
7.10. The User accepts, declares, and undertakes that the data they will provide to the Website and/or through Customer Service in the request form will be up-to-date, accurate, and complete, otherwise eTaşın will not be responsible for the damage that may arise from the failure to provide the service, or its erroneous, delayed or incomplete provision.
7.11. The User accepts, declares, and undertakes that they or an authorized representative will be present at the addresses where the transportation operations will take place during transportation, that this person is over 18 (Eighteen) years old and has the capacity to act, that this person is authorized to make declarations on their behalf before the carrier leaves the address, and that they know that any damage claim should be communicated by the User and the carrier under the conditions specified in this agreement.
7.12. The User accepts that the said household goods transportation service will be carried out by carriers registered with eTaşın or companies to be selected by eTaşın. The User declares and undertakes that the request may be rejected or the date may be changed if there is no availability in the said companies or if the job is not accepted.
7.13. After the request is created by the User, the User's contact information will be shared with the moving company selected by eTaşın for the User. The moving company will contact the User to carry out the service. eTaşın will provide all kinds of remote consultancy to the User regarding the service in any and all circumstances.
7.14. The User accepts and undertakes that the scope of the service provided is valid for furniture that is taken from a house, office, warehouse, or similar place and to be moved to a similar place, and that transportation of humans, pets, and the like is not possible.
7.15. The User accepts, declares, and undertakes to have obtained the necessary entry-exit, time, elevator use, parking, parking space, and other permissions from the relevant site management or similar third parties, if any, before the moving day, otherwise they will be responsible for the damage that may arise due to the failure to provide the service, its delayed or incomplete provision, and that in case of delays to the movers, inability to start the job, cancellation or postponement of the job, and the job taking extra hours due to failure to obtain these permissions, they may have to pay extra fees.
7.16. The User declares and undertakes that they will not have dangerous goods transported. Substances and objects that are prohibited from being transported and possessed by current laws will not be transported. If the User's moving goods are considered dangerous goods, in this case, they are obliged to inform eTaşın and the carrier in general about the danger arising from the goods. If the carrier does not know the type of danger when receiving the goods or if they have not been notified, they may request from the User, without any obligation to compensate the User, the unloading, storage, return transportation or, if necessary, destruction and rendering harmless of the dangerous goods, and the reimbursement of necessary expenses due to these measures.
7.17. The User should specifically state in the list of goods they will provide to eTaşın if there is a size above the standard regarding the size or weight of the goods. Otherwise, additional transport vehicle fees and/or additional transport fees may need to be paid.
7.18. The User is obliged to inform eTaşın and/or the carrier at least 48 (Forty-eight) hours before the move if there will be additional items to the list of items to be moved. Otherwise, if the transport vehicle has the capacity to carry the additional item, it may accept the transport, but in this case, the service fee may change. However, if there is no transport capacity, it may be possible to arrange a 2nd (second) transport service. In this case, the fee to be paid for the 2nd (second) vehicle will be charged as if it were a new household goods transport service.
7.19. The User may want to reduce the list of items to be moved according to their internal situation. In this case, they are obliged to notify eTaşın of their request on this matter up to 5 (Five) days before the day of transport. In line with this request, if it is necessary to change the transport vehicle and team to be allocated due to the capacity of the new item list, there may be a change in the fee to be paid.
7.20. The User will not contact the carrier without the knowledge of eTaşın, to exclude eTaşın, to agree on a lower price, or to avoid paying a commission fee within the scope of the intermediary service provided, regarding the service request created through eTaşın's Website.
7.21. The User is responsible for all taxes except for taxes based on eTaşın's income related to the service they receive.
7.22. The User has accepted that if the truck cannot approach the front of the current house or new house and a walking distance is created, they will pay the following additional fees;
a. If a walking distance of 20-50 meters is created, 7500 TL,
b. If a walking distance of 50-80 meters is created, 10000 TL,
c. If a walking distance of 80-120 meters is created, 15000 TL,
d. If a walking distance of 120 meters and above is created, they will pay an additional fee by negotiating with the carrier.
However, regardless of the length of the walking distance, the carrier has the right to terminate the User's move when they think that their team is not competent and/or strong enough to compensate for the walking distance. In this case, the carrier returns the User's belongings to the address where they were taken and receives the full moving fee.
7.23. If there is a modular elevator installation for the current and new house/office within the scope of the service that the User will receive, and if the elevator could not be installed by the carrier, the items will be transported via stairs or the elevator of the building where the transportation is made. In case the items are delivered to the new address without installing the elevator, the modular elevator fee will not be refunded to the User and this fee will be paid to the carrier. The User has declared, accepted and undertaken that they will pay the modular elevator fee to the carrier in the said situation.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. All intellectual property rights related to the eTaşın brand and the website, mobile application, and contents belonging to the www.etasin.com domain name of this brand belong to eTaşın.
8.2. All elements appearing on the eTaşın Website, including all special graphics, videos, sounds, icons, designs, texts, html code, other codes, technical data, licenses, applied sales system, business method and business model, belong to eTaşın and are legally protected.
8.3. Users do not have the right to sell, distribute, reproduce, modify, lease, process, share, upload, transfer, lend, display eTaşın's services, information and copyrighted works, or allow someone else to access or use eTaşın's services.
8.4. Without the written permission of eTaşın, elements related to the Website cannot be reverse engineered, modified, reproduced and republished. These elements cannot be translated into any language or computer language, retransmitted, resold or redistributed in any way or by any method. Users cannot sell, offer for sale, modify, reproduce, display, make commercially available to the public, retransmit or use the content in any other way without the express permission of eTaşın.
8.5. The User is permitted to access and use eTaşın's Website content, services, software and network system only as provided by eTaşın.
8.6. eTaşın reserves the right to use all information, comments and criticisms belonging to the User for its own marketing activities, subject to the terms of use, privacy principles and applicable legal regulations.
9. WEBSITE CONTENTS
eTaşın does not guarantee that the Website it provides for use will operate uninterruptedly, be error-free and secure, and the User is responsible for this. There may be content, links or references on the Website that are not under eTaşın's control. eTaşın is not responsible for these elements that are not under its control or for other links they contain and their consequences. eTaşın cannot guarantee that any file or link downloaded through the Website will not contain viruses or other dirty, disruptive and negative consequences and is not responsible for this.
10. WAIVER
10.1. Waiver of any provision of this user agreement will not invalidate that article or the entire agreement.
10.2. If any provision of this user agreement conflicts with current law and regulations or is cancelled in any way by a judicial or administrative authority, the agreement will remain valid in its entirety. Only the conflicting or cancelled provision or provisions will be deemed removed from the agreement.
11. FORCE MAJEURE
Events beyond the control of the Parties that cannot be voluntarily prevented by the Parties, such as curfews due to epidemic diseases, natural disasters, war, mobilization, fire, explosion, strike and lockout, decisions taken by the Government or official authorities, which will partially or completely stop work opportunities temporarily or permanently, are considered force majeure for both Parties. In such cases, the Parties will not be responsible for the full or partial fulfillment of the obligations specified in the Agreement. Each of the Parties will immediately notify the other Party in writing of the occurrence of force majeure and will document it with official documents.
12. COMPETENT AUTHORITY
This Agreement is subject to Turkish Law, and Istanbul Courts and Enforcement Offices are authorized to resolve disputes arising from the Agreement.
13. EVIDENCE AGREEMENT AND RECORDS
All correspondence, emails, telephone conversation records, and SMS and WhatsApp notifications and records sent to mobile phones through the eTaşın Website will be considered as evidence; in any dispute that may arise from this agreement, eTaşın's books and records will be accepted as conclusive evidence.
14. BREACH AND TERMINATION OF THE AGREEMENT
In case the User violates any of the provisions of this agreement, eTaşın may immediately terminate this agreement, without any obligation to provide an explanation, while reserving all rights and claims.
The Parties may terminate this agreement at any time. In case of termination of the agreement, the parties' rights to receivables from each other will be reserved.
15. VALIDITY
This agreement will remain in effect as long as the Website continues to be used. When a new agreement is presented to the User by eTaşın, the new agreement will be used and this agreement will automatically terminate.