USER AND MEMBERSHIP AGREEMENT

PARTIES:

SERVICE PROVIDER: Navlungo Logistics and Technology Joint Stock Company (“Navlungo”)

For membership on the website www.navlungo.com ("Site"), the contract you will make is with Navlungo Logistics and Technology Joint Stock Company ("Our Company"), which provides a platform with a technological infrastructure to connect individuals and/or companies wanting to transport their loads (“User”) with logistics companies providing transport services (“Carrier”).

Our contact information is as follows;

Address: Sanayi Mah. Teknopark Blg. No: 1/10C İç Kapı No: Z36 Pendik/Istanbul
Mersis No: 0630095462700001
Tax Office/No: Pendik Tax Office/6300954627
Phone: +90 850 532 79 49
Email: destek@navlungo.com Electronic Notification address: [*]

Our company is a member of the Istanbul Chamber of Commerce, and the commercial behavior rules can be accessed at www.ito.org.tr.

USER (Full Name/Title):
Mersis No/T.C. Identity No:
Tax Office/No:
Address:
Email:
Phone:

Legal Entity Authorized Information:
T.C. Identity No:

Article 1 - Introduction

This User and Membership Agreement, its annexes (“Agreement”), and the other rules and contracts available on the www.navlungo.com site or on other sites linked by this site (¨Site¨) regulate the conditions of the services offered by Navlungo and the terms and conditions of site usage. All policies and rules stated on the site form an integral part of this agreement, constituting an annex to this agreement.

By using our services and entering the site, you accept the terms and conditions of this agreement.

Article 2 – Becoming a Member

In order to establish the User and Membership Agreement, it is sufficient for you to enter the required Member information and the password you will determine, by pressing the specified confirmation and/or permission buttons such as [Sign Up/Register/Log In], etc. We kindly ask you to enter the Name/Title, email address/cell phone number, and other mandatory information accurately, completely, and without errors; please correct any errors you notice. After completing the membership process, you can correct the deficiencies/errors you notice in the Settings/My Profile Information section that you will access from the Member Login section, or you can contact our Customer Service at +90 850 532 79 49.

The "special" (where the information is entered as a party) text of the Agreement may not be preserved in our systems.

You can terminate your membership at any time through the verbal or written notification to our Company via the above-mentioned contact channels without providing any reason and without payment of a penalty. Similarly, our Company can terminate/suspend memberships for various reasons. If you benefit from our services and, if the service you received requires site usage, your right to terminate your membership may be limited, or if you terminate your membership, the service may be suspended/terminated.

If you are registering as a legal entity, you declare and guarantee that you are authorized to represent and bind the relevant legal entity and that you are jointly and severally liable with the legal entity. Otherwise, you agree to be personally responsible for any debts and obligations incurred.

The User will have the opportunity to purchase/benefit from the products/services offered for sale on this site by digitally approving the “Distance Sales/Service Agreement” and making the payment.

Article 3 - Scope

The services provided by Navlungo include; Navlungo provides a virtual platform that allows Users wanting to transport goods to create a service request for the transport of what they want to be transported and lists the transport price offers presented by registered Carriers on the Platform without giving company information, allowing them to choose the best offer.

Article 4 - Terms of Use

Entering this website or using any information on this website means that you accept the following conditions.

The User has the right to establish a single User account, and it is prohibited for the User to establish a second account using the same or different information after the User account is suspended or terminated by Navlungo. Navlungo reserves the right to refuse the opening of a User account entirely at its discretion, without giving any reason.

Access to the site services and part of the site usage by the User will be conducted using the email address and password. The User will be responsible for maintaining the confidentiality and security of this password, and any activities carried out using this information on the site will be deemed to have been conducted by the User, and all legal and criminal liability arising from these activities will belong to the User. The User will immediately inform Navlungo if they become aware of any unauthorized use of their password or any other breach of security.

This website is not liable for any direct or indirect damage that may arise due to breach of contract, tort, or other causes due to entry into the site, due to the use of the site or any information and other data within the site, programs, etc. Navlungo does not accept any responsibility for interruptions, errors, omissions, or any disruptions due to breach of contract, tort, negligence, or other reasons.

In the event that communication tools (such as forums, chat tools, or message centers) are provided to the User, the User declares and undertakes that they will only use these communication tools for lawful purposes. The User will not use the communication tools for sharing materials outside the intended purpose, including selling products and services, sending emails without the consent of the other party, sharing files that could harm third-party software and computer systems, content that is defamatory towards other users, or any illegal content. The User undertakes that they have the authority to carry out any communication made through the site. The Company does not have an obligation to monitor the appropriateness of communications conducted through the Site or their usage purposes. Navlungo reserves the right to remove the communication tools provided on the Site at any time at its discretion.

Navlungo reserves the right to change every type of service, product, use conditions of the site, and the information presented on the site without prior notice. Changes will take effect at the time they are published on the Site. Use of the Site or entry into the Site will also be considered as acceptance of these changes. These conditions apply to other webpages linked as well.

Navlungo is not liable for any interruptions, errors, omissions, deletions, losses, delays in operations or communications, computer viruses, communication errors, theft, destruction, or unauthorized access to records, modification, or use due to breach of contract, tort, negligence, or other reasons.

This website may contain links or references to other websites that are not under the control of Navlungo. Navlungo is not responsible for the content of these sites or any other links contained therein.

Actions specified below will be considered as a clear violation of the contract, and will grant Navlungo the right to unilaterally terminate the user agreement for just cause and without compensation and terminate your membership and block your access:

1. Violation of legislation, breach of the rights of third parties and/or this agreement or its annexes,

2. Violation of intellectual and/or industrial property rights such as copyright and brand belonging to third parties,

3. Lacking the legal capacity to conduct legal acts (such as being under 18 years of age or not being authorized to represent and bind the legal entity) or using the site while being banned from membership,

4. Failure to fulfill obligations under the “Distance Sales/Service Agreement”,

5. Providing misleading, deceptive, incomplete, incorrect information,
6. Transfer of the user account or name without Navlungo's written consent or use by another party, and valid identification of the account being taken over by third parties,

7. Distribution or dissemination of viruses or technologies that can harm Navlungo or Users,

8. Actions aimed at disturbing the user profile evaluation system, including harming the www.navlungo.com infrastructure and system,

9. Entering the site with robots or automated entry methods for any purpose,

10. Reselling, sharing, distributing, reproducing, or creating derived or processed works of any part of the site (including, but not limited to design, text, images, HTML code, and other codes).

Article 5 - Campaigns

Campaigns announced by Navlungo through the platform or via email, SMS, etc., are limited to the specified duration in the notification, and Navlungo reserves the right to withdraw the Campaign or change its terms before the campaign subject operation is conducted. Price discounts can also be canceled in the same manner. Multiple requests cannot be made for consecutive days for a campaign or price discount, and requests made on subsequent days after the first day will be canceled. Unless stated otherwise in the campaign, different campaigns cannot be combined. Additionally, Navlungo reserves the right to deny campaign access unilaterally if abuse is detected.

Article 6 - Intellectual Property

The design of the Site, including but not limited to image, HTML code, and all content created by Navlungo on the Site, as well as the Navlungo brand and logo, belong to Navlungo. Users cannot use, share, distribute, showcase, reproduce, or create derivative works of Navlungo's intellectual property protected materials.

Article 7 - Termination

This Agreement will enter into force as soon as it is approved electronically. Either party may unilaterally terminate this agreement and its annexes at any time. In case the User account is inactive for 3 months, the agreement may be terminated by Navlungo. In such a termination, the parties will fulfill their rights and obligations arising until the termination date mutually. If you benefit from our services, and if the service you received requires the use of the Site, your right to terminate your membership may be limited, or if you terminate your membership, the service may be suspended/terminated.

In the event of a breach of this agreement and its annexes by you, Navlungo may unilaterally terminate the contract and your membership immediately. In this case, you agree to be responsible for all direct and indirect damages that Navlungo has suffered or may suffer.

Article 8 - General

1. Neither party shall be responsible to the other for the failure to perform or delay in the performance of any obligation undertaken under this agreement due to force majeure. Force majeure is any unforeseen and unavoidable event beyond the reasonable control of the parties. Examples include pandemics/outbreaks, civil disturbances, war, government restrictions and administrative decisions, embargoes, government or institutional practices, internet speed and interruptions, natural disasters, storms, fires, accidents, sabotage, explosions, terrorist attacks, scarcity of material or supplies, strikes, and lockouts.

2. Users are responsible for all taxes, fees, levies, and similar obligations arising from the purchase and sale of products and/or services obtained through Navlungo services. If a tax assessment is made on behalf of Navlungo due to tax liabilities that the other party must fulfill regarding the transactions subject to the agreement, and demands for tax loss penalties or other fines and ancillary claims are made due to this tax, Navlungo may seek recourse from Users for all these payments it has incurred, and by signing this agreement, Users accept and undertake to return the relevant taxes and fines without using any objections or legal rights against Navlungo.

3. Unless otherwise stated, parties shall not assign any rights and obligations arising from this agreement to any third party, except for transfers to Navlungo's shareholders, subsidiaries, or affiliates or to their shareholders.

4. All notifications made with you will be made electronically through announcements or in writing to the email address, mobile number, or physical address you specified in the system, except for notifications provided for in the Turkish Commercial Code. If you do not notify any changes to your email, phone number, or address in writing or update them on the site, any notification made to your existing email address, mobile number, or physical address will be considered valid. Users are obliged to provide and keep up-to-date their current email addresses, mobile phones, preferred contact addresses, postal addresses, and other account information. Otherwise, Navlungo shall not be held liable for any matters that are not communicated to the User. Phone conversations, email correspondence, and social media communications with Navlungo may be recorded or monitored. By signing this agreement, the User is deemed to give prior consent and acceptance to this matter.

5. Navlungo may change this agreement at any time by sending an email or by publishing the updated articles on www.navlungo.com.

6. The policies and rules on our site may change from time to time. Changes will be effective from the date they are published on the www.navlungo.com site or notified by email unless otherwise provided by law.

7. Turkish Republic laws will apply in the resolution of legal disputes arising from the implementation and interpretation of this agreement. The Istanbul Anatolian Courts and Execution Offices shall have exclusive jurisdiction over any disputes arising from the interpretation or application of the provisions of this agreement.

8. The parties agree that the books and records belonging to the parties, computer records, log records, confirmed fax messages, phone call recordings, and emails will constitute valid, binding, and conclusive evidence in any disputes that may arise from this agreement.

9. If any provision of this agreement is held to be invalid or unenforceable in whole or in part by a court or other competent authority, the validity of the remaining provisions of this agreement and the rest of the subject provision shall not be affected.

10. No element of this agreement shall be interpreted as creating any representation, agency, partnership, or other joint venture relationship between the parties.

Users acknowledge that the rules and policies published on the site are an annex and an integral part of this agreement.

For additional information on all these matters, you can consult our Company.

Our members can report their requests and complaints by contacting our Company using the above-mentioned communication channels.

We are pleased to accommodate the valid requests and complaints of our members. If this is not possible, you may apply to the Provincial and District Arbitration Committees and Consumer Courts in your place of residence if you are a consumer, otherwise, you may apply to the competent judicial authority and execution offices.

This agreement, consisting of 8 (eight) articles, will be kept electronically by Navlungo.