IT IS RECOMMENDED THAT YOU READ THE FOLLOWING ARTICLES CAREFULLY AS IT WILL BE DEEMED THAT YOU HAVE ACCEPTED THEM BY BEING A MEMBER
FREIGHTAREA MEMBERSHIP ARTICLES
FREIGHTAREA : DRN LOJİSTİK ANONİM ŞİRKETİ, whose registered office is at Barbaros Mah. Halk Cad. No:47/2 Ataşehir, İstanbul.
SENDER: A real or legal person who has commercial goods, and is in search of a TRANSPORTER that may transport those goods either domestically or internationally.
SERVICE: The services described in article 2 below.
SYSTEM: A web based platform where a SENDER MEMBER enters his/her request regarding the transportation of his/her commercial goods and this request is delivered to the TRANSPORTER MEMBERS, after which TRANSPORTERS who are interested in the said transportation work may submit their proposals directly to the SENDER.
TRANSPORTER: A real or legal person who shall be, but not limited to be a transporter of the goods, a transportation organizer, and/or a transportation agent whose profession is to transport goods or to get the goods transported either domestically or internationally.
MEMBER: A TRANSPORTER or SENDER who has become a participant of the SYSTEM by filling up the required forms within the SYSTEM and accepting the FreightArea Membership Terms herein.
2.1. FreghtArea has created a membership based platform through www.freightarea.com and tr.freightarea.com domain names where the senders who wish to send their commercial goods and transporters who seek to transport such goods gather. The place of performance of the SERVICE is the internet.
2.2. The domain names mentioned herewith may be changed by announcing to the members in advance, and new domain names may be added to the existing ones.
2.3. Membership to the SYSTEM is meant that the “FreightArea Membership Terms” herein has been read, assessed and accepted. Any kind of objection or amendment requests shall be submitted to the DRN Lojistik A.Ş. TEB Girişim Evi Barbaros Mah. Halk Cad. No:47/2 34746 Ataşehir İstanbul Türkiye address in writing within seven (-7-) days of the membership. Objections shall be evaluated by FreightArea, and the outcome is notified to the MEMBER in writing.
3.1. The SERVICE described above, is provided to the MEMBERS by FreightArea.
3.2. FreightArea is liable for ensuring that, the eligible applicants become members of the SYSTEM, the MEMBER’s requests and proposals are submitted to the SYSTEM, the transportation requests reach to the relevant TRANSPORTER MEMBERS, the proposals of the TRANSPORTER MEMBERS regarding the said transportation work reach to the SENDER MEMBER, and the number and network of MEMBERS grow within the bounds possibilities. FreightArea may not be liable in case of Service stoppages that may not be attributed to FreightArea such as but not limited to power outages, fiber optic cable problems, and server based issues. However, in case of foreknowing such stoppages, FreightArea may, within the bounds of possibility, inform the MEMBERS in advance.
3.3. TRANSPORT MEMBERS not submitting any or adequate number or scope of proposal regarding a transportation work submitted by a SENDER MEMBER to the SYSTEM, or the SENDER MEMBER not accepting any of the proposals that were submitted by the TRANSPORTER MEMBERS, is completely and solely SENDER and TRANSPORTER MEMBERS’ responsibility, and FreightArea bears no liability.
3.4. SYSTEM, in principal aims at generating a competitive price for the transportation work where the SENDER and the TRANSPORTER convene and the SENDER gather proposals from the MEMBER TRANSPORTERS by logging into the SYSTEM.
3.5. FreightArea is not a TRANSPORTER or a SENDER, does not transport the relevant goods, is not an agent of the TRANSPORTER or the SENDER, and the work undertaken, which is not limited to the SERVICE that is described herein, is not a transportation agency or a transportation organization, and the SERVICE is not a service as described in the Road Transport Regulations. FreightArea only provides that the aforementioned web based platform works properly to deliver the requests of SENDER MEMBERS regarding transportation of their commercial goods to the TRANSPORTERS, and the proposals of TRANSPORTERS regarding the relevant transportation work to the SENDER. Therefore, FreightArea is not liable for the merits of the transportation work, proposal, or conditions that the MEMBERS submit to the SYSTEM, and regarding payments, costs and fees, duration, timing of the transportation, and the goods that are transported.
3.6. FreightArea contacts each new MEMBER by the telephone number registered to the SYSTEM, and verbally confirms the MEMBER’s existence, truth of the information submitted to the SYSTEM, and the existence of the real person in the MEMBER company that have checked into the SYSTEM, and announces the MEMBER as a “verified user” on the web page following the confirmation.
3.7. “Verified User” implies a verification within the boundaries stated herein, and does not signify an actual visit to the MEMBER’s address, or investigation of the MEMBER’s trade registry records, or license and permit documents; therefore, the “verified user” phrase does not mean that the MEMBER’s existence or the information submitted to the SYSTEM by the MEMBER has been officially inspected and verified. Within this respect, the SENDER MEMBER and the TRANSPORTER MEMBER are both liable to make their own inspection and inquiries regarding the other party as a prudent merchant.
3.8. FreightArea may give prominence to the proposals and services of certain MEMBERS, and may give prominence to certain MEMBERS regarding a service.
3.9. FreightArea may, in accordance with a MEMBER’s request, make adjustments to the proposals addressed to that member, such as blocking proposals made by one or more companies specified by the MEMBER. In accordance with a MEMBER’s request, FreightArea may provide different and alternative suggestions to that MEMBER, and may provide various alternative company suggestions and proposals to that MEMBER.
3.10. FreightArea keeps the competing proposals made by different MEMBERS for the same transportation work confidential, and does not share those information with competing MEMBERS.
4. ADDITIONAL SERVICES
4.1. As described above, the main service provided by the SYSTEM is, to deliver the transportation requests submitted to the SYSTEM by the SENDER MEMBER to the TRANSPORTER MEMBERS, and delivering the relevant transportation proposals to the SENDER MEMBER, thus gathering the SENDER and the TRANSPORTER together for the transportation work without the use of an agent.
4.2. However FreightArea may provide various additional services and benefits to the MEMBERS, other than the SERVICE. Within this context, FreightArea may make deals with companies that provide services such as, including but not limited to insurance, rent a car and accommodation, and enable them to provide various services and proposals to the MEMBERS. Regarding these Additional Services, FreightArea shall not be an agency or middleman of the parties providing the service, and does not give any undertakings or guaranties, and is not under any obligation regarding those services.
4.3. FreightArea may send emails and SMS to the MEMBERS for the advertisement and promotion of 3rd parties, and may share contact information of the MEMBERS with 3rd parties.
4.4. FreightArea may publish articles and blogs that may be of interest to the MEMBERS through the web or email, and share these with some or all of the MEMBERS. Even though FreightArea shall do its best for the published information to be up to date and accurate, FreightArea does not guarantee for such information to be up to date and accurate, and is not under any obligation within this context. MEMBERS should absolutely get support from a relevant professional before engaging in any activity on the strength of such information, and must confirm the accuracy and actuality of such information.
5. LIABILITIES OF THE MEMBER
5.1. MEMBERS are liable to submit accurate, up to date and genuine information to the SYSTEM both during becoming a member and afterwards.
5.2. Since the primary contact channel for any kind of contact will be through the email address submitted to the SYSTEM, MEMBERS approve and confirm that, the email address submitted to the SYSTEM is correct, the email address is checked as frequently as expected and required for the work, the emails are read, and all kinds of correspondence, declarations and notifications will be done through this channel.
5.3. Existence and validity of required licenses, permits and documents for the transportation work, and transported goods’ compliance to law and regulations shall exclusively be the responsibility of the MEMBERS.
5.4. FreightArea shall not be a party to the agreements concluded through the SYSTEM. Within this scope, all the risks and liabilities regarding the commercial interaction adhered through the SYSTEM shall only and exclusively bind its’ parties.
5.5. MEMBERS are liable to make the payments required by the SYSTEM and MEMBERSHIP on time and in full.
5.6. Membership of the MEMBERS who are detected to be in breach of their liabilities within this scope may be suspended or immediately terminated by FreightArea.
5.7. A MEMBER’s membership to the SYSTEM may be announced publicly on the relevant web pages in the SYSTEM; within this scope and exclusively limited to this purpose, a MEMBER’s logo and identification marks may be featured in the SYSTEM, and FreightArea may refer to a MEMBER’s inclusion to the SYSTEM as a reference within the correspondences with other MEMBERS and 3rd parties.
6.1. MEMBERS are liable to pay the charges determined for using the SYSTEM.
6.2. Charging may either be done on the basis of a monthly pre-specified amount, or with and in addition to this amount or without a monthly pre-specified amount, done on the basis of a fixed or proportional amount linked to the relevant work agreed upon through the SYSTEM.
6.3. Changes made in the charged amount or the charging system will be notified to the MEMBERS in writing through email at least 30 days in advance.
6.4. FreightArea may give special discounts in certain periods or to certain MEMBERS, and provide some or all the SERVICES to some or all the MEMBERS free of charge.
6.5. Membership categories and charges are also notified through the SYSTEM or by email.
7. EVIDENCE AGREEMENT AND COURT OF COMPETENT JURISDICTION
7.1. For any kind of conflicts that may arise between a MEMBER and FreightArea, with and in addition to the courts of general jurisdiction, Istanbul central (Çağlayan) Courts and Enforcement Offices shall be competent.
7.2. For any kind of conflicts that may arise between a MEMBER and FreightArea, all kinds of books, records, correspondences and documents of FreightArea shall be used as evidence.
8. ENFORCEMENT, AMENDMENT, TERMINATION
8.1. These terms shall be valid and binding for all the MEMBERS and FreightArea for the entire duration of membership to the SYSTEM.
8.2. Any and all of the amendments done to the terms herein shall be notified to the MEMBERS at least 30 days in advance, regarding the amendments that aggravate the conditions of the MEMBERS, MEMBERS have a right to submit their objections in writing through email within the 30 days mentioned above.
8.3. All the MEMBERS may unilaterally terminate their MEMBERSHIP by a notification in writing at least one (-1-) month in advance.
8.4. Memberships of the MEMBERS who violate the terms herein or do not fulfill their liabilities may be suspended or unilaterally terminated by FreightArea.