This Voltla User Agreement (“Agreement”) is executed between;
Voltla Elektrikli Araçlar Bilişim Reklam ve Tanıtım Hizmetleri Ticaret Anonim Şirketi residing at Ahmet Yesevi Mah. Kerem Sk. No: 9 İç Kapı No: 201 Pendik / İstanbul registered in İstanbul Trade Registry with 456928-5 registry number (“Company” veya “VOLTLA”), ile Individual or legal entity user benefiting from the Service by using the Application or the Website (“User”) Within the framework of this Agreement, hereafter, the Company or VOLTLA and the User, collectively referred to as the "Parties," and individually as a "Party.".
2.1 Definitions:
"Application" refers to the mobile application prepared by VOLTLA, with all relevant Intellectual Property Rights belonging to VOLTLA, and made available to users in mobile application stores under the same name or, if VOLTLA chooses, under a new name with similar functionalities. The Application, developed in collaboration with charging network operators in different regions, contains information about charging networks and charging stations within these networks, providing access, charging, vehicle charging, and subsequent payment methods for the User's use of charging services. Any changes to the content, features, and scope of services provided by the Application to the Service may be made by VOLTLA without obtaining the User's permission.
"Intellectual Property Rights" refers to rights related to patents, utility models, inventions, whether registered or not, copyright, neighbouring rights to copyright, moral rights, trademarks, service marks, slogans, trade names, business names, designs, creations, works, databases, know-how, trade secrets, intellectual property rights, industrial property rights, and any and all licenses, ownership, utilization, priority, application rights, and similar protections related to them, regardless of whether they are registered or not.
"Service" refers to the provision by VOLTLA, through the Application or the Website, not limited to them, of various services and facilities related to charging stations owned by different charging network operators, including pricing, location, technical specifications, payment systems, and other services and facilities determined by VOLTLA, and providing relevant access. The User may track the operating hours, availability, and information about previous uses of charging stations if available through VOLTLA's Website and Application. Under this Service, the User is granted access to the charging service provided by a charging network operator as VOLTLA's E-Mobility Service Provider.
"User" refers to the individual or entity benefiting from the Service provided by VOLTLA through the Application or Website. The rights and obligations specified in this Agreement for the User are applicable to individuals using the Service as guest users without creating an account on the Application to the extent permitted.
"Website" refers to the internet site with the domain address www.voltla.co as of the Effective Date of this Agreement. This address may be changed by VOLTLA without any notification to the User.
2.2 Interpretation:
2.2.1 References to individuals encompass natural persons, legal entities, and entities, regardless of whether they are partnerships, individual or property communities.
2.2.2 Attachments are an integral part of this Agreement, and together with the Agreement, they constitute a whole. Any reference to this Agreement is deemed to include references to its Attachments.
2.2.3 Singular expressions include the plural, and plural expressions include the singular.
2.2.4 References to a law or statutory provision are references to its form as it may be amended, extended, or re-enacted from time to time, and will include all subsidiary legislation made under that law from time to time.
2.2.5 The requirement of writing includes email.
2.2.6 The obligation not to do something includes ensuring that the act is not performed.
2.2.7 Expressions such as "especially," "including," "for example," "together with," and similar phrases are used for illustrative purposes and will not limit the scope of those that precede or follow them.
This Agreement regulates the rights and obligations of the Parties in line with the Service to be provided to the User by VOLTLA.
4.1 This Agreement shall come into effect upon the User's confirmation through the mobile device or electronic medium used by the User, following the registration of information as specified in the Application. (“Effective Date”).
4.2 Necessary technical and software-related adjustments regarding the User's consent through the Application will be carried out by VOLTLA.
4.3 In the absence of any termination or expiration, this Agreement shall be effective indefinitely from the Effective Date without any time constraints, and VOLTLA reserves the right to unilaterally amend its terms. In such a case, the updated version of this Agreement will be presented to the User for approval.
Application
5.1 To access the Service, the User must download the Application, owned by VOLTLA with Intellectual Property Rights, on their mobile device from the app stores and use the Service through this Application and/or the Website.
5.2 Using the Application, the User can initiate, terminate, and make payments for charging their vehicle within the scope of the Service at charging stations operated by charging network operators with whom VOLTLA has agreements, whether they are self-operated or operated by others. Additionally, the User, as specified in the Application and beyond, can view the locations of charging stations, calculate distances to these locations, and create routes for accessing the stations. The User can track the created route through third-party map applications on their device or through the Application.
5.3 User shall not use the Application in a manner that violates the rights of third parties or any legal regulations. In the event of any such misuse, VOLTLA reserves the right to seek indemnification from the User for any claims made against it.
5.4 VOLTLA reserves the right to unilaterally make changes at any time to the content, design, concept, and all features of the Application.
5.5 User may submit their evaluations, suggestions, and complaints regarding the Service they have received based on the rights arising from this Agreement through the communication sections on the Website and/or Application or via the email address destek@voltla.co. Requests from the User arising from this clause will be responded to by VOLTLA within 30 (thirty) days.
5.6 However, complaints filed in accordance with Regulation on Charging Service No. 39454 (“Regulation”), when sent to the email address destek@voltla.co or through the portal in the Application, will be forwarded to the charging network operator or station owner. VOLTLA, as it is not responsible for the obligations arising from the charging service activities at the operator's charging station, as specified in Article 9 of this Agreement, will transmit the response received from the relevant party regarding requests, suggestions, and complaints to the User. The User must submit complaints related to this article within 15 days in accordance with the Regulation. VOLTLA can only act as an intermediary in this matter. VOLTLA is not responsible for unanswered complaints in any way.
Membership
5.7 The stages related to the membership application must be completed through the Application before approving this Agreement, and the information belonging to the User, which is accurate, must be provided as outlined below:
5.7.1 Mandatory information to be filled by the User includes full name, gender, date of birth, email address, and mobile phone. Additionally, the User may optionally provide their ID or passport number based on their preference.
5.7.2 User can categorize addresses specified through the Application as individual or corporate.
5.7.3 User can update the information specified in this clause, which may change, through the Application, ensuring it remains accurate and belongs to them.
5.8 User can remove the information related to the membership created through the Application by deleting their account on the Application. In the event of account deletion, the User can still benefit from the Service by registering again.
5.9 To be a User, one must be of legal age, and for legal entity Users, they must be authorized to represent and bind the legal entity.
By approving this Agreement, individuals or entities becoming VOLTLA Users accept all the following terms of use:
6.1 User acknowledges and undertakes to pay all charges for charging transactions initiated through the Application or any other identification method on time. In the event the User shares their identification information with someone else, they are responsible for the charges incurred from the transactions carried out by that person or their access to the Application.
6.2 User agrees to carry out charging transactions in accordance with the instructions written by VOLTLA on the station, on the Website, or in the station usage guide.
6.3 User agrees to carry out the charging process both in compliance with the obligations specified in this Agreement and all applicable laws and regulations, or the specific rules set by the station owner and the business where the station is located.
6.4 In cases where the User directly receives the charging service from VOLTLA, the User must timely review the monthly VOLTLA invoices sent to them electronically or to the specified addresses. If the User has any concerns about the fees or transactions listed on the invoice, they must raise the issues they wish to inquire about with VOLTLA Customer Services within a maximum of 8 days from the respective invoice date. Invoices not queried within 8 days will be deemed accepted. In cases where charging services are facilitated, the invoice will be communicated to the User by the charging station operator under their own terms and conditions. In this case, VOLTLA will not send the invoice to the User.
6.5 In the event of any changes in personal/corporate information such as name, title, email address, postal address, billing details, etc., User must update the relevant information through the mobile application within a maximum of 10 days after the change. User is solely responsible for any failure to update the information in a timely manner.
6.6 VOLTLA Users, if they benefit from other value-added services provided by VOLTLA apart from charging transactions, the fees for these services will be reflected in their invoices.
6.7 Roaming Usage: Within the scope of this Agreement and as described below, the User, under the Pay-as-You-Go Membership, will be able to benefit from the Services both within VOLTLA's roaming network and at charging stations affiliated with other E-Mobility Service Providers with whom VOLTLA collaborates.
6.8 Within the scope of this Agreement, Users will benefit from the subscription detailed below provided by VOLTLA:
6.8.1 Pay-as-You-Go Membership
(a) Users with the Pay-as-You-Go membership can avail themselves of the charging Service they need from each of the affiliated charging stations specified in the Application, with which VOLTLA has agreements, covering location, pricing, and technical specifications.
(b) Users with the Pay-as-You-Go subscription will benefit from the Service within the scope of the usage method granted to them in the Application through payments made with a fixed payment system.
(c) Users within the Pay-as-You-Go Membership will be provided with the Service at all charging stations within the roaming network.
6.9 If VOLTLA Users benefit from other services provided or to be provided by VOLTLA, the fees for such services will be reflected in their invoices as announced on the Website or Application, even if not specified in this Agreement.
6.10 Reservation: Users can reserve a station for a certain period and at a specified rate, if the relevant charging network allows it, before starting the charging process at the stations. The fee for this reservation will be refunded to the User after the Service is provided. Users who do not use the Service despite making a reservation will not be refunded any fees related to the reservation. In case Users do not leave the station even after the Service is completed or terminated, a location-based and time-dependent “Occupancy Fee” (TRY/min) may be charged, including notifying the User that the Service has been completed.
6.11 Refund Policy: If the User completes all transactions as required on the Application and monitors the transactions at the charging station without any fault of their own, they may request a refund of the amount paid if access to the Service is not possible due to the fault of VOLTLA, the charging operator, or the station owner. VOLTLA may request a bank statement related to the payment method used by the User to determine the payment dates and conditions for the refund requested by the User. Payments made under this clause must be made within 30 (thirty) days at the latest following the day of the Service. VOLTLA will process the refund within 7 (seven) days, including the necessary examinations.
7.1 VOLTLA may offer the payment system specified in this Agreement or a new payment system organized after a unilateral change made in this Agreement to the User for use. In the case of the provision of multiple systems, Users can choose the payment system they prefer based on their preferences.
7.2 VOLTLA will collect payments for the Service it provides under this Agreement and payments made through the Application using Akbank POS, Masterpass card storage, or other payment systems determined by VOLTLA. The User, by accepting this Agreement, is deemed to accept in advance, without the right of revocation, the terms and conditions offered by the payment service provider to its users.
7.3 Payments can be made using credit cards, debit cards, bank transfers, and mail-order methods accepted by VOLTLA. In addition to these methods, payments can also be made with tools proposed by the User and approved by VOLTLA
Fixed Payment System
7.3.1 In payments made with debit cards, the collection is made directly from the bank account associated with the User's relevant debit card, equal to the Service price.
7.3.2 In payments made with a credit card, VOLTLA may place a block on the credit card for a certain amount before the Service, and this block is lifted after the completion of the Service.
7.4 Payments are made to VOLTLA following the provision of the Service. VOLTLA is exclusively authorized by the station owner or operator to collect any fees from the User on behalf of the station owner or operator. As the Party receiving payments, VOLTLA has the right to specify and apply any taxation related to the Service in the invoice it sends to the User for the payment transactions.
7.5 The User's performance obligation under this Agreement is fulfilled with the payment made to VOLTLA.
7.6 VOLTLA reserves the right not to provide the Service above a certain credit limit, subject to prior notification to the User. The credit limit mentioned in this clause will be determined by VOLTLA at its sole discretion.
7.7 In the event that the membership or usage terminates before or during the usage period granted in exchange for payment, or if the Service is not purchased due to reasons attributable to the User, the User's payment obligation will continue, and VOLTLA is not responsible for any damage or loss arising from the inability to use the Services.
7.8 Accounts associated with invoices that exceed the payment term by 30 days are temporarily frozen, and transaction authorization is not granted. For invoices that exceed the payment term by 60 days, execution proceedings are initiated, and the account is closed. Closed accounts can be reopened after the debt, including relevant execution expenses (lawyer fees, court fees, etc.), is paid.
7.9 In addition to the pricing specified in this Agreement, variable charges for the Service and electricity may be incurred at each station depending on the pricing of the station owner. The service fee is freely determined 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 charging service fees and electricity fees for all public stations can be viewed on the VOLTLA mobile application.
7.10 It is the responsibility of the User to track the fees for charging transactions through the Application. VOLTLA or station owners may change these fees at any time without prior notice. However, VOLTLA cannot be held responsible for price changes by station owners without notification to VOLTLA.
7.11 VOLTLA may, with the User's consent, store any payment information, including the User's bank/credit card details, to facilitate the faster and easier provision of the Service. In this case, the information specified in this clause will be stored in the infrastructure of third-party global payment service providers.
8.1 User may avail themselves of the Service provided by VOLTLA through the Application within the scope of this Agreement. VOLTLA undertakes to provide the relevant Service to the User in accordance with the specified conditions.
8.2 User acknowledges that the Service under this Agreement will be provided upon payment of the fees determined by VOLTLA and the fees determined by the charging station operator. The fees determined by VOLTLA will be reflected to the User through the Application in the context of the Services defined in the Agreement, and VOLTLA will not charge fees such as connection fees, transaction initiation fees, or charging equipment usage fees, in accordance with the regulations.
8.3 User acknowledges that failure to make full and timely payments for any fees and pricing or providing up-to-date, accurate, and complete information upon request regarding membership may be considered a violation of this Agreement. VOLTLA reserves the right to suspend the User's usage, close the membership account without notice, or exercise its legal rights under this Agreement and other applicable laws.
8.4 User acknowledges, declares, and undertakes to promptly update the information regarding their vehicle, such as model/plate, in case of any changes during the membership. Otherwise, the User agrees that VOLTLA may suspend or terminate their membership.
8.5 User can use charging stations only for charging the vehicle they are currently using, in accordance with the law and the intended purpose of use. User agrees, declares, and undertakes to use the charging stations in compliance with VOLTLA's terms of use and the applicable regulations during use, and acknowledges that they cannot use the charging stations for commercial purposes to generate income. In the event of misuse for any other purpose, User accepts, declares, and undertakes that they will be liable for all direct and indirect damages to VOLTLA, the charging station where the service is received, and/or third parties. VOLTLA reserves the right to recover payments it may be compelled to make to third parties due to reasons arising from User.
8.6 User acknowledges and declares that VOLTLA has the right to freely determine the fee for the service provided under this Agreement, the terms and conditions of pricing, promotions, and other practices. VOLTLA may apply them differently to different Users in accordance with the law, individually and at its discretion.
8.7 Parties acknowledge that the fees, penalties, and payment terms for the services provided under this Agreement are stated on VOLTLA's Website or Application and are updated from time to time on these platforms.
8.8 User acknowledges that they are responsible for checking the fees and payment terms on VOLTLA's Website or Application before using the Service and agrees to accept any updates made on these platforms.
8.9 In case of User's failure to make full and timely payment, User acknowledges and agrees that VOLTLA may exercise all rights specified in this Agreement and/or arising from the relevant legislation, and User will indemnify VOLTLA for damages resulting from late payment, without recourse.
8.10 The current amounts for the tariff, penalties, and all other fees specified within the scope of this Agreement will be announced on the Website or Application. In addition, the fee for the Service, the amounts of penalties, and other charges in the tariffs may vary based on location, day, time block, and hour. Furthermore, VOLTLA reserves the right to modify and/or cancel any and all opportunities and campaigns, as well as their prices, as stated in promotional materials such as introductions, advertisements, brochures, and the like.
9.1 VOLTLA's liability regarding the Service provided within the scope of this Agreement, including the Website or Application, is limited to the accuracy and currency of the information provided by the User during the membership registration, payment details, and any other information related to the membership. User acknowledges that such information may change frequently, and they agree that they cannot attribute any responsibility to VOLTLA due to the updating or changing of this information.
9.2 VOLTLA's liability towards the User is limited to the Services provided through the Application within the scope of this Agreement. Any damages arising from the charging station network related to the provision of the service belong to the respective station network. While VOLTLA is not responsible for any damages and liabilities specified in this clause, the User agrees and undertakes not to claim compensation from VOLTLA and not to seek reimbursement from VOLTLA for any compensation paid, except in cases where VOLTLA has no liability.
9.3 VOLTLA shall be liable only for direct damages arising from the breach of its obligations under this Agreement. VOLTLA will not be responsible for other damages, including but not limited to those caused by third parties or the User, as long as there is no fault on the part of VOLTLA. VOLTLA will not be liable for delays arising from unforeseeable or unavoidable circumstances, the inability to complete the payment process, or problems/deficiencies in the payment process beyond its control, or for damages resulting from such situations. Compensation for such direct damages shall in no event exceed the total service fee paid by the User to VOLTLA.
9.4 Since VOLTLA only facilitates transactions, it does not assume any responsibility for any accidents, injuries, injuries or deaths resulting from electric leakage, damages to vehicles due to electric current, harm to third parties and their products or goods, and any kind of liability, including public damage. Indeed, these matters are beyond VOLTLA's control and are NOT ATTRIBUTABLE TO ANY FAULT. In this regard, User acknowledges that they will not claim any compensation from VOLTLA, knows that VOLTLA is not liable for these matters in any way, waives their claims as of the establishment of this Agreement, understands that this matter is a fundamental element of the Agreement, and accepts, declares, and undertakes all these aspects.
9.5 User acknowledges, declares, and undertakes that VOLTLA is not responsible for the complete and uninterrupted provision of the Service within the scope of this Agreement due to situations that may arise independently of VOLTLA, including but not limited to those arising from technical infrastructure, power outages, and service interruptions and disruptions caused by the location or service provider of charging stations. User further agrees that they will not make any compensation claims against VOLTLA related to these situations.
9.6 User shall be responsible for the confidentiality of their membership account and password, as well as the security of the vehicles used on the Website or Application. In the event that they are acquired/stolen/lost by third parties, the User acknowledges that they are individually responsible for the use of their membership information by third parties. In such a situation, the User agrees, declares, and undertakes to immediately inform VOLTLA and acknowledges that VOLTLA has no liability in this regard.
9.7 User acknowledges, declares, and undertakes that in the event of the electric vehicle and charging system not functioning properly, and consequently, being unable to benefit from the Service within the scope of this Agreement due to any reason arising from the vehicle and/or the User, VOLTLA is not in any way responsible.
9.8 VOLTLA shall not be responsible for access problems arising from the location of the charging stations, traffic congestion in these areas, real-time changes in the information provided in the Application, or any damage or loss caused by other members or third parties to the User.
9.9 VOLTLA shall not be responsible for any viruses and malicious software that the User may encounter from external links, especially advertisements, while using the Application. Additionally, VOLTLA shall not be liable for any damages caused by such viruses and malicious software for the User.
9.10 USER DECLARES AND UNDERTAKES THAT THEY HAVE CAREFULLY READ, UNDERSTOOD, AND ACCEPTED ARTICLE 9 OF THIS AGREEMENT BEFORE BECOMING A PARTY TO THIS AGREEMENT.
10.1 Intellectual Property Rights arising from or related to the Website and Application exclusively belong to VOLTLA.
10.2 Unless otherwise specified in this Agreement, the Intellectual Property Rights or usage license rights found on the Website and Application exclusively belong to VOLTLA. Unless specifically stated otherwise, the conditions written here do not grant Users the right to use these rights or make any disposals over them, and the Agreement cannot be interpreted as granting such permission or license.
10.3 VOLTLA is the owner or licensee of all Intellectual and Industrial Property Rights related to all materials, including but not limited to domain names, logos, all kinds of data, applied sales system, business method, and business model on the Website or Application, and they are legally protected. Unless otherwise specified, these materials cannot be used by the User for commercial or personal purposes without authorization or without proper attribution.
10.4 Website or Application, in whole or in part, cannot be copied, reproduced, distributed (including distribution of copies), published, lent, altered, damaged, or used as a basis for reproduction or creation in any way (such as by printing, saving to disk, placing on another site, or any other means).
10.5 Intellectual Property Rights of third parties found on the Website or Application belong to the respective individuals. Without the explicit permission of these individuals, any part of these rights cannot be partially or entirely copied, reproduced, distributed (including distribution of copies), published, processed, altered, or damaged in any way (such as by printing, saving to disk, placing on another website, or any other means).
11.1 This Agreement and membership begin in accordance with Article 4 and continue until unilaterally terminated by either Party. Subject to the relevant provisions of this Agreement, if either the User or VOLTLA wishes to terminate this Agreement and the membership, they have an obligation to notify the other Party. The User shall make this notification through the contact information available in the communication tab on VOLTLA's Website or Application or via the email address destek@voltla.co.
11.2 VOLTLA will make all notifications to User's provided email address. User acknowledges that this email address is the legal notification address and that, unless changes are communicated in writing to VOLTLA within 3 (three) days, requests made to the old email address will be considered valid and deemed delivered. Any notification sent to the User's email address will be deemed delivered 1 (one) day after the notification is sent.
11.3 In the event that VOLTLA fails to fulfil its obligations arising from this Agreement in full and without defects, the User has the right to request the correction of the situation by sending a written notification through the contact information stated in the communication section of VOLTLA's Website and/or Application or to the email address destek@voltla.co. If the situation is not corrected within thirty (30) days from the date of notification, the User has the right to unilaterally terminate this Agreement.
11.4 VOLTLA has the right to terminate this Agreement immediately for any reason. When VOLTLA unilaterally terminates this Agreement for any reason, the provision of the Service by the User will automatically cease. The User cannot make any claims against VOLTLA based on the cessation of the Service under this provision.
11.5 User acknowledges that failure to pay the fees specified in this Agreement may result in the suspension of other services obtained or to be obtained through the Website or Application, and in such a suspension, any financial or non-financial losses, damages, or profit loss that the User may incur will be their own responsibility.
11.6 This Agreement may be updated from time to time, and User's confirmation may be sought for them to continue using the Application. In such cases, if the User does not confirm the updated agreement on their first use, access to the Application will be closed, and this Agreement will be considered terminated. VOLTLA reserves the right to pursue and litigate the User's debts, membership fees, and unpaid balances.
12.1 User acknowledges, declares, and undertakes that all personal data transferred to VOLTLA in various forms, such as filled-out forms on VOLTLA's website, Application, workplace, office, or contact points, communication forms filled out electronically, written or verbal communications made or approved by the User, electronic mails sent to VOLTLA via the email system, fax, or letters, information and documents shared in any way, including but not limited to through online channels, and information shared verbally, in writing, or electronically in direct conversations with VOLTLA, are processed by VOLTLA in accordance with the most up-to-date version of the VOLTLA Information Text published at https://www.voltla.co/gizlilik-politikasi/. The User acknowledges that their personal data may be processed by VOLTLA in accordance with the purposes and processing conditions specified in Articles 5 and 6 of the Law on Protection of Personal Data ("KVKK") to perform and/or execute the services and business activities offered by VOLTLA, plan and/or execute the sales processes of services, develop and diversify products and services, market and advertise products and services, conduct necessary studies to benefit individuals from these activities, inform about products and services, identify user satisfaction regarding products and services, manage requests and complaints, perform necessary quality and standard controls, plan, supervise, and/or execute information security processes, plan and/or execute business continuity activities, follow up financial, accounting, and invoicing processes, follow up legal processes, ensure the accuracy and currency of data, ensure the security of VOLTLA operations, ensure the legal, technical, or commercial business security of individuals or legal entities in a business relationship with VOLTLA, fulfil legal obligations, and fulfil the requirements of VOLTLA policies and procedures. The User acknowledges, declares, and undertakes that they have been informed about these processing activities in accordance with the data processing conditions and purposes specified in Articles 5 and 6 of the KVKK and accepts this by reading and approving this Agreement.
12.2 User also acknowledges, declares, and undertakes that their identity, contact, user transaction, transaction security, risk management, legal transaction and compliance, physical location, security, and marketing information, as well as all other personal data, may be processed, transferred, and retained for the purposes mentioned above. The User further acknowledges, declares, and undertakes that they have been informed about the sharing and transfer of personal data with VOLTLA's relevant business units, both domestically and abroad, for the purpose of conducting commercial activities carried out by VOLTLA, including but not limited to its subsidiaries, shareholders, business partners, suppliers, auditors, service providers, legally authorized public institutions and organizations, private institutions and organizations, professional organizations, and similar institutions, regulatory and supervisory authorities, and other individuals and organizations permitted by legislation, within the framework of the conditions and purposes specified in Articles 8 and 9 of the KVKK, and accepts this by reading and approving this Agreement.
13.1 By accepting this Agreement, the information provided by the User during the membership application is protected with the utmost care by VOLTLA. Any information obtained through the Website, Application, and other methods will be used for the performance of this Agreement and the fulfilment of legal obligations.
13.2 User undertakes that the information provided to VOLTLA is accurate and up-to-date. The username and password assigned to the User through VOLTLA's Website and/or Application are personal. The User commits not to share this information with third parties. In case of the contrary, the User is responsible for any damages that may arise.
13.3 VOLTLA may share the User's information with government agencies, market research companies, charging network operators, and other third parties with whom VOLTLA may collaborate and engage in appropriate sharing within the scope of its business activities.
13.4 Any confidentiality agreements, information texts, explicit consent statements, and other agreements related to personal data to which the User is a party, apart from this Agreement, are complementary parts of this Agreement.
13.5 VOLTLA is obligated to retain the opinions, suggestions, complaints, and any kind of requests submitted by the User, as mentioned in Article 5.5 of this Agreement, for a period of 2 (two) years due to its legal obligations.
13.6 VOLTLA is required to retain any records related to the Service used by the User, as well as information and documents related to transactions arising from the intermediary activities between the charging station owner or operator and the User, for a period of 3 (three) years in accordance with the Regulation on Distance Contracts.
This Agreement and all obligations arising from or related to this Agreement shall be governed by and interpreted in accordance with Turkish Law. For any disputes related to or arising from this Agreement, the competent courts and enforcement offices of Istanbul Anatolian Courts shall have jurisdiction.
15.1 User accepts that the email address provided to VOLTLA will be used as the legal address for any notifications related to this Agreement.
15.2 The Parties acknowledge that requests made to their current emails will be valid and deemed delivered unless changes to their existing emails are notified in writing to the other party within 3 (three) days.
15.3 Any notification made by VOLTLA using the registered email address of the User will be considered delivered to the User one (1) day after the email is sent by VOLTLA.
16.1 Waiver: Waiver of any right or remedy provided under this Agreement shall not be effective unless in writing. Except as explicitly provided otherwise, any waiver shall only be valid in the circumstances and for the specific purpose for which it was given, and the waiver of a provision, condition, or term of this Agreement shall not be considered a waiver of the same provision, condition, or term on a subsequent occasion or a waiver of any other provision, condition, or term of this Agreement. The failure or delay of either party to exercise any right or remedy under the applicable law or this Agreement shall not constitute a waiver thereof. Without prejudice to any other rights or remedies available, the Parties acknowledge that damages may not be an adequate remedy for a breach of this Agreement, and in the case of a threatened or actual breach, injunctive relief, specific performance, or other equitable remedies may be appropriate without the necessity of posting a bond or other security.
16.2 Severability: If any provision of this Agreement is found to be invalid or unenforceable under the laws of the Republic of Turkey or is otherwise cancelled by mutual agreement of the Parties, the remaining provisions of the Agreement shall remain valid and enforceable.
16.3 Evidence: The Parties acknowledge and declare that in case of disputes arising from this Agreement, VOLTLA's commercial books and records, as well as computer records and electronic correspondences and notifications, shall constitute valid, binding, and conclusive evidence in accordance with Article 193 of the Turkish Code of Civil Procedure (HMK), and this provision is deemed to be an evidence agreement.
16.4 Transfer and Assignment: VOLTLA may transfer this Agreement and the obligations under the Agreement to its affiliated company at any time without the obligation to give notice. As of the date of transfer, the new rights holder shall be deemed to have fully taken over VOLTLA's obligations under this Agreement. The User may not transfer or make available to third parties this Agreement. In this case, VOLTLA shall not be liable for any damages that may arise. The User expressly accepts, declares, and undertakes this provision in advance.
16.5 Entire Agreement: This Agreement and all documents delivered or included in this Agreement as part of this Agreement or referred to through this Agreement constitute and contain the entire agreement between the Parties regarding the subject matter of this Agreement and supersede all previous oral and written agreements, regulations, and understandings between the Parties regarding the subject matter of this Agreement. The Parties acknowledge and declare that there is no other oral or written agreement regulating this matter.
16.6 Not Being Loyalty Agreement: The private legal relationship established between the User and VOLTLA under this Agreement, subscription types, membership conditions, additional services provided or to be provided by VOLTLA, opportunities offered to Users, and any pricing other than the charging service specified in the Agreement will not be considered as a loyalty agreement regulated under the Regulation and will be evaluated independently without the conditions and terms envisaged for a loyalty agreement.
16.7 Force Majeure: The Parties shall not be held responsible for the partial or complete non-performance of their obligations due to force majeure, such as natural disasters, pandemics, severe economic crises, war, famine, fire, etc., which occur beyond their control and are unforeseeable, exceeding the scope of general or sector-specific occurrences, and impeding the proper operation of the companies. However, even in this case, the Parties are obliged to make payments or refunds to each other in accordance with the good faith framework defined in Article 2 of the Civil Code, creating unjust enrichment. Moreover, when the force majeure ceases, unless the Parties agree otherwise, the provisions of this Agreement will continue to be effective. In all cases deemed force majeure, VOLTLA is not obligated to fulfill any of the obligations stipulated in this Agreement belatedly, inadequately, or not at all. Such circumstances shall not be considered as delay, incomplete performance, non-performance, or default on the part of VOLTLA, and no compensation can be claimed from VOLTLA under any name for these situations.
16.8 Amendments: VOLTLA reserves the right to amend the terms of this Agreement at any time by sending an email to the User's registered email address, providing written notification, or through in-app notifications, or by updating the Website and/or Application. The User will be deemed to have received this notification ten (10) days after it is sent. Such changes will be effective after the accepted notification date.
16.9 User declares, accepts, and undertakes that they have read, understood, and accepted all the provisions of this Agreement and confirmed the accuracy of the information provided by them.
This Agreement consists of 16 (sixteen) articles and 13 (thirteen) pages. The Agreement has been provided to the Parties digitally through the Website or Application.
This Agreement was last updated in July 2023.
