Basit Kargo
This is an English translation of the Platform User Agreement provided for convenience. In case of any discrepancy, the Turkish version shall prevail.
1.1. This Platform User Agreement (the "Agreement") is concluded between Gemen Bilgi Teknolojileri Limited Şirketi ("Gemen") and the customer who will use BasitKargo — Cargo Integration Infrastructure under this Agreement (the "User"). Under this Agreement, Gemen and the User shall each be referred to individually as a "Party" and jointly as the "Parties".
2.2. Platform: BasitKargo — the "Basitkargo.com" intermediary cargo platform operated by Gemen. Services: all products, services, features and modules offered on or through the Platform by Gemen or a Third-Party Service Provider, including the intermediary cargo service.
3.1. This Agreement sets out the conditions under which the User benefits from the Platform and from the Services offered on or through the Platform by Gemen or Third-Party Service Providers, and the rights and obligations of the Parties. Any explanations, terms and conditions published on the Platform or on basitkargo.com regarding the use of the Platform and the Services, including Services, modules and features that exist now or may be added to the Platform after the conclusion of this Agreement, constitute an annex to and an integral part of this Agreement and, together with the provisions of this Agreement, form the entirety of the Parties' rights and obligations. Under this Agreement, the Platform Provider serves Users requesting carriage services and the Carriers that will provide those services through an internet platform with the necessary technological infrastructure. It should be noted that the principal role of the Platform Provider is to offer an intermediation platform that brings the User and the Carrier together. In this context, it operates as an "intermediary service provider" within the meaning of Law No. 6563 on the Regulation of Electronic Commerce and as a "hosting provider" within the meaning of Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed by Means of Such Publications. The Platform Provider does not provide carriage services directly to Users and assumes no liability for the services performed between the User and the Carrier. It should however be noted that, within the scope of the Platform, the determination, collection and invoicing of cargo service fees may be carried out by the Platform Provider. This is a natural consequence of the Platform Provider's role as a technological infrastructure provider and operational coordinator and does not mean that the Platform Provider has the capacity of a carrier.
4.1. By creating an account on the Platform, the User will be able to ship cargo through the contracted cargo carriers.
4.2. The User shall immediately update the information provided to Gemen when opening a Platform account whenever such information changes. Gemen is not liable for any inability to benefit from the Platform or the Services caused by such information being incomplete, incorrect or out of date.
4.3. The User may benefit from the intermediary cargo service offered through the Platform by paying the cargo fees determined by Gemen.
4.4. Gemen only provides the Platform and bears no liability for the information and documents created and/or shared through the Platform. The User accepts and undertakes that the records created by the User on the Platform, and the information and content thereof, are accurate and lawful and that such records and content will not give rise to any infringement of rights.
4.5. The User undertakes not to make any shipments that are contrary to law when sending cargo through the Platform.
4.6. Gemen has the right to make changes to the Platform without prior notice, to release new versions, editions or extended forms of the Platform, or to remove Services, modules and features available on the Platform.
5.1. The User may benefit from the Services offered on the Platform for a fee only against full and complete payment of the fees declared on the Platform for each Service, under the payment terms and by the payment instruments declared on the Platform.
5.2. The fees for paid Services, the payment terms and the effective dates of the fees will be announced in the relevant sections of the Platform. Gemen is entitled to change the fees at any time.
5.3. The User has the right to withdraw the unused portion of the balance loaded in order to benefit from the intermediary cargo service.
5.4. For shipments made with the cash-on-delivery (COD) method, collection is made from the recipient directly by the cargo carrier. The amounts collected by the cargo carrier may be transferred to the Platform Provider following reconciliation of the relevant shipments. The Platform Provider is not the collecting party and transfers such amounts to the User acting as the seller.
6.1. All economic, moral and commercial rights in the Platform, including all visuals, designs, graphics and content provided by Gemen on the Platform, belong to Gemen. Gemen grants the User a non-exclusive, non-transferable and non-sublicensable right to use the Platform, limited to the term of the Agreement.
6.2. The User shall not use the Platform and the Services beyond the scope set out in this Agreement. The User may not lend the right granted to it, nor make it available to or have it used for the benefit of third parties in any way, whether for consideration or free of charge, including by rental. In this respect, copying, reproducing, distributing or processing the information, content and software used by Gemen within the Platform, and/or using them beyond the utilisation defined under this Agreement, is strictly prohibited.
7.1. This Agreement declares that Gemen cannot be held liable for any loss, theft or similar events relating to cargo shipped using the Platform.
8.1. This Agreement enters into force on the date it is approved by the User electronically and remains in force unless terminated by one of the methods set out in this Article 8.
8.2. Either Gemen or the User may terminate this Agreement without cause and without compensation subject to 14 (fourteen) days' prior notice. If the User breaches its material obligations under this Agreement and its annexes, violates applicable legislation, or if the User's activities create a legal, technical or information-security risk, Gemen may, at its sole discretion, temporarily or permanently suspend the User's use of and/or access to the Platform, or terminate this Agreement immediately and without compensation.
8.3. Termination of the Agreement shall not extinguish the rights and obligations of the Parties accrued up to the date of termination. Upon termination, the User is liable for all fees and costs accrued up to that date and may not use the Platform as of the termination date. The User accepts that payments made before the termination date will not be refunded, regardless of the reason for which the Agreement was terminated or suspended.
8.4. Within one (1) month following the end of the User's membership period or the termination of this Agreement, the User may retrieve the balance held on the Platform.
9.1. Amendments: Gemen has the right to amend the Agreement by notifying the User. At Gemen's discretion, notification of amendments to the User by e-mail or via the Platform, or notices displayed after the User logs in to the Platform with their credentials and password, shall constitute valid notification. This method applies to amendments to the text of this Agreement; Gemen may change the rules specific to the Services, modules and features available on the Platform and other conditions published on the Platform without any notification. Amendments are deemed to enter into force on the date of their publication. If the User does not accept the amendments, the User may terminate the Agreement by the methods set out in Article 8.
9.2. Assignment: The User may not assign this Agreement, its Platform account, or its rights and obligations hereunder to any third party in any way whatsoever. Gemen may assign the Agreement, its ownership of the Platform and its rights and obligations hereunder to third parties.
9.3. Severability: The invalidity, illegality or unenforceability of any provision of this Agreement or of any expression contained in it shall not affect the validity and enforceability of the remaining provisions. The Parties agree to interpret and apply the remaining provisions of the Agreement in the manner most suitable and closest to achieving the purpose of the parts deemed invalid.
9.4. Notices: The User may be contacted through the e-mail address and phone number provided when creating an account on the Platform, or through notifications made via the User's membership account on the Platform, and notifications made in this way shall be deemed valid. The User agrees to provide accurate and complete contact details and to notify Gemen immediately of any changes to them. Since notifications sent to the User's contact details are binding, it is the User's responsibility to check their communication channels regularly.
9.5. Evidence: The Parties accept, declare and undertake that, in any dispute arising from this Agreement, the electronic and system records, commercial records, book records, e-mail correspondence and computer records kept by the Parties in their own databases shall constitute admissible, binding, conclusive and exclusive evidence, and that this article constitutes an evidence agreement within the meaning of Article 193 of the Turkish Code of Civil Procedure.
9.6. Governing Law and Dispute Resolution: This Agreement is governed by Turkish law, and the Courts and Enforcement Offices of Istanbul shall have jurisdiction over disputes arising from the Agreement.
9.7. Prohibited and Non-Accepted Cargo: In accordance with the Postal Services Law No. 6475 and other applicable legislation, our Platform does not accept the carriage of items falling into the categories listed below:
10.1 Items falling under the postal monopoly (e.g. letters, envelopes, correspondence cards).
10.2 Valuable documents and items convertible into cash (e.g. money, gold, cheques, promissory notes).
10.3 Firearms, ammunition and similar materials.
10.4 Perishable cold-chain products.
10.5 Tobacco products and narcotic substances whose carriage is legally prohibited.
10.6 Hazardous chemicals and substance categories (e.g. oxidisers, infectious substances, explosives, corrosive substances, alcohol products).
10.7 Perishable biological and radioactive materials.
10.8 Prohibited substances and items.
10.9 Non-standard sharp, pointed or protruding cargo.
10.10 Perishable food products and other products that may emit odours.
10.11 Perishable animal products and alcoholic beverages.
10.12 Liquid or fluid products.
10.13 Replica products or products without a banderole (tax stamp).
In accordance with the Turkish Personal Data Protection Law (KVKK), you have the right to request the deletion of your account and all your personal data. However, due to legal obligations, your account and all related information will be permanently deleted after 1 year has passed since your last cargo shipment.