Membership Agreement

ŞARJPARK MEMBERSHIP AGREEMENT
This Membership Agreement ("Agreement") is between İstanbul Enerji Sanayi ve Ticaret A.Ş. This regulation regulates the rights and obligations regarding the services to be provided by ŞARJPARK to the Member, between the charging network operator ("ŞARJPARK" or "Company") operating under the trade name ŞARJPARK brand and the electric vehicle user ("Member", ŞARJPARK and the Member together "Parties").

1. GENERAL PROVISIONS

1.1 About ŞARJPARK and the Agreement

ŞARJPARK is licensed under the ChargingServiceRegulation published in the Official Gazette dated 02.04.2022 and numbered 31797 ("Regulation"). ŞARJPARK is a charging network operator that establishes and manages charging stations for electric vehicles within the borders of the Republic of Turkey in accordance with the Regulations.

This Membership Agreement, concluded for the purpose of providing electric vehicle users with charging services with certain advantages, is of the same nature as the “Loyalty Agreement” regulated in Article 29 of the Regulation. ŞARJPARK reserves the right to change the scope of the loyalty agreement in accordance with the Charging Service Regulations.

1.2 ŞARJPARK’s Legal Information and Communication Channels

2. MEMBERSHIP LOGIN AND ENFORCEMENT OF THE AGREEMENT

• Membership application is made only through the ŞARJPARK mobile application. By completing the membership steps in the application, checking the “I accept theMembership Agreement” box, and pressing the final confirmation button, the Member is deemed to have accepted this Agreement and gains "Member" status.
• Services (defined below) can also be received without using a Member account (guest transaction); in this case, the user receiving the service is deemed to have accepted this Agreement for each transaction.
• The establishment of the Agreement does not obligate the Member to receive the Service; Members may continue their membership without receiving the Service at any time.

3. SERVICES

ŞARJPARK provides Members with the opportunity to charge their electric vehicles at the charging station network ("Service(s)"). Members may start and stop the Service using the ŞARJPARK mobile app or other methods the Company may offer in the future.

RFID Card Application: ŞARJPARK does not currently distribute physical RFID cards (charging cards). The Company reserves the right to introduce/remove RFID or similar additional tools in the future, if it so desires.

Members can track static information (location, operating hours, technical specifications, etc.) and dynamic information (price, availability, etc.) regarding charging stations through the following channels:

• ŞARJPARK mobile app
• https://sarjpark.istanbul website
• EPDKSerbestAccessPlatform (as applicable)
• In-car navigation systems (if technically feasible)

4. RATES AND PAYMENT

1. Current charging service unit prices and discount rates are published on the ŞARJPARK website and mobile app. The Company reserves the right to change these prices and rates unilaterally.
2. Charging service fee = unit price in TL/kWh, including taxes × the amount of kWh transferred to the vehicle.
3. ŞARJPARK may offer multiple payment methods; the Member chooses the preferred method.
4. Credit/Debit Card: Payment is made through ŞARJPARK's contracted payment institution; Card data is not stored by ŞARJPARK.

5. GENERAL RULES

• The Member is responsible for the accuracy and up-to-dateness of all information provided while using the Services.
• ŞARJPARK cannot be held responsible for any interruptions or disruptions that may occur in the Services due to extraordinary circumstances such as power outages, internet failures, etc.
• The Member is responsible for visually inspecting the charging equipment and cables before each charge. If any damage or malfunction is detected, the Member will not initiate the charge and will inform the Call Center at 08503092299.
• Service fees and late payment interest are determined by ŞARJPARK; Members are responsible for monitoring current fees.
• The Member is responsible for any unauthorized use of membership information.
• Members may not reproduce or distribute copyrighted content on ŞARJPARK platforms without permission.
• ŞARJPARK is not responsible for vehicle-related malfunctions or being stuck in traffic.

6. RIGHT OF WITHDRAWAL & TERMINATION OF THE AGREEMENT

• If the Member has not used the Service within 14 days from the effective date of the Agreement, they may withdraw from the Agreement using one of the Company's communication channels using the Withdrawal Form.
• The Member may terminate their membership at any time by paying their debts.
• ŞARJPARK may terminate their membership without giving any reason if they wish.

7. PROTECTION OF PERSONAL DATA

Your personal data is processed within the scope, purpose, and legal reasons described in the KVK Information Text, which is an annex to this Agreement, within the scope of Law No. 6698 on the Protection of Personal Data (KVK) and solely for the purpose of providing the service. ŞARJPARK does not sell or rent your data to third parties; takes technical and administrative measures in accordance with legislation.

8. INTELLECTUAL PROPERTY

ŞARJPARK's intellectual property rights, including the platform, brand, logo, text, design, and code, belong to the Company. Members may not use them without the written permission of ŞARJPARK.

9. CONTRACT CHANGES

ŞARJPARK may unilaterally change the provisions of the Agreement. The updated text shall become effective upon publication at https://sarjpark.istanbul.

10. FORCE MAJEURE

Natural disasters, war, strikes, epidemics, infrastructure failures, etc. ŞARJPARK is not responsible for failure to perform obligations due to force majeure.

11. EVIDENCE AGREEMENT

The parties agree that ŞARJPARK system records are conclusive evidence in disputes, and constitute an evidentiary agreement pursuant to Article 193 of the Civil Procedure Code.

12. DISPUTE RESOLUTION

• Non-consumer Members: Istanbul (Çağlayan) Courts and Enforcement Offices have jurisdiction.
• Consumers: The Consumer Arbitration Board / Consumer Court of your residence has jurisdiction under Law No. 6502.

13. OTHER PROVISIONS

By electronically approving the Agreement, the Member declares acceptance of all provisions. Following approval, a copy of the Agreement will be sent to the Member via permanent data storage (e-mail).

The parties approve electronically.