Terms of Service

Last updated: 2026-05-24 Effective: 2026-05-24 Version: 1.0

These Terms of Service ("Agreement") govern the relationship between [TODO: Legal Company Name] ("Nakliye360", "Company") and any person ("User") who registers on or uses the Nakliye360 platform ("Platform") in any manner.

By continuing to use the Platform, you acknowledge that you have read, understood, and accepted this Agreement.

Note: This is the English translation. Turkish text takes precedence in case of conflict.

1. Parties

• Service Provider: [TODO: Legal name], [TODO: address], Tax ID: [TODO], Mersis: [TODO], KEP: [TODO].
• User: A natural / legal person who registers on or uses the Platform.

2. Definitions

3. Description of Service

3.1. Nakliye360 is a Digital Logistics Intermediation Platform

Nakliye360 is a digital intermediation platform that enables introduction, matching, and communication between shippers and carriers/drivers. Nakliye360:

• Is not a party to the transportation contract.
• Is not a carrier; has no control over cargo.
• Does not hold an R1 authorisation under the Road Transport Regulation; does not engage in transport that requires R1; only offers introduction/communication infrastructure.
• Is not liable for performance, delayed performance, defective performance, or non-performance of the transportation contract between shipper and carrier.
• Is not responsible for the accuracy of declarations made on the Platform by shipper or carrier; however, takes reasonable verification measures.

3.2. Legal Nature of Transport

Relationship between shipper and carrier is governed by:

• Turkish Code of Obligations (Articles 850–893, contract of carriage)
• Turkish Commercial Code (Articles 850 onwards, transport business)
• Road Transport Law and Road Transport Regulation
• CMR (for international transport).

This contract is concluded directly between shipper and carrier; Nakliye360 serves as a means of intermediation, not as agent or representative.

4. Membership

4.1. Eligibility

• 18 years of age and over
• Legal capacity
• Provide accurate, true and current information
• Keep information updated throughout membership
• A single person may have a single account; multiple accounts are prohibited

4.2. Approval

Nakliye360 reserves the right to refuse membership or require additional documentation/verification without giving reason.

4.3. User Roles

4.4. Account Security

• Login credentials (password, OTP, OAuth tokens) are User's responsibility.
• User must immediately notify Nakliye360 of suspected unauthorised access.
• User is responsible for use prior to notification.

5. User Obligations

5.1. Shipper Obligations

• Provide true, accurate, and complete information about cargo (type, weight, dimensions, characteristics)
• Explicitly declare hazardous, flammable, explosive, radioactive cargo or cargo subject to ADR regulations
• Insure cargo where appropriate
• Have cargo ready for pickup on time
• Pay transport fee and any additional charges

5.2. Carrier / Driver Obligations

• Hold valid authorisation document (K1, K2, L1, etc.) for transport that requires it
• Maintain valid driver's licence, SRC, and ADR (where required) documents
• Maintain valid vehicle inspection, insurance, and CASCO documents
• Perform transport safely, on time, and respecting confidentiality
• Be liable for cargo damage or delay per Road Transport Regulation and TCC
• Grant live location permission during active shipments in the mobile app (so the shipper can track)
• Arrange additional insurance for cargo value exceeding standard insurance limits

5.3. General Obligations for All Users

• Comply with KVKK and other regulations
• Be personally responsible for all data and content uploaded
• Respect rights of other users
• Refrain from sending spam, harassing, threatening, or insulting messages
• Refrain from misuse of the Platform (automation, scraping, reverse-engineering are prohibited)

6. Prohibited Use

The following uses are strictly prohibited:

• Prohibited cargo: drugs, contraband, weapons, explosives, persons, live animals (unauthorised), hazardous waste, radioactive materials
• ADR materials transport: transport of dangerous goods without ADR authorisation
• False/misleading cargo postings; price manipulation
• Declaration of forged authorisation, licence, vehicle registration
• Money laundering, tax evasion
• Impersonation of another user; identity fraud
• Intrusion into Platform systems; exploitation of security vulnerabilities
• DOS / DDoS, automated scraping, insulting content
• Copyright/trademark infringement
• Child abuse / pornography content
• Unauthorised collection / sharing of other users' data

Accounts engaging in prohibited use may be suspended or terminated without prior notice, and authorities may be notified.

7. Intermediation Liability Limit

7.1. Platform Liability

Nakliye360 provides only intermediation. Liability is subject to the following limits:

• Platform availability is "best effort"; no 100% uninterrupted service guarantee.
• Scheduled maintenance with reasonable advance notice.
• Liability for software bugs, server outages, or third-party service issues is limited to the service fee paid by the user in the preceding 12 months.

7.2. NON-Platform Liability (Transportation Itself)

Nakliye360 is NOT liable for cargo damage, loss, late performance, or defective performance under the transportation contract. This is resolved directly between shipper and carrier. Nakliye360 may provide evidence / communication support.

7.3. Insurance

• Nakliye360 does not insure cargo.
• Shipper and/or carrier is advised to arrange insurance.
• Some cargo types may require mandatory insurance.

8. Payment and Fees

8.1. Service Fee

• Platform membership may be free or paid depending on package.
• Current pricing is published at [nakliye360.com/pricing].
• Commission, subscription, or transaction-based fee models may apply.

8.2. Payment Methods

• Credit / debit card via Iyzico infrastructure
• Bank transfer (corporate subscriptions only)
• All payments are in Turkish Lira (TRY).

8.3. VAT

Prices are VAT-inclusive unless stated otherwise.

8.4. E-Invoice

• Invoices are issued via EDM Bilisim integration to taxpayer users.
• User is responsible for accuracy of invoice address.

8.5. Refund Policy

• Per Distance Sales Regulation, withdrawal right may be exercised before usage of digital service begins.
• Once usage begins, withdrawal right is not available (Regulation Art. 15/h).
• Refund requests due to malfunction/error are sent to [email protected]; the company will investigate and decide.

8.6. Price Changes

Existing subscriptions continue at current price until the end of the subscription period. For new periods, current pricing applies; changes are notified at least 30 days in advance.

9. Intellectual Property

9.1. Nakliye360 Property

• Nakliye360 logo, brand name, domain names ([TODO: trademark registration no])
• Software source code, design, visuals, text, database structure
• API specification (user-facing)

All of the above belong to Nakliye360 / [TODO: Company] and are protected by copyright/trademark law. Copying, distribution, or commercial use without prior written consent is prohibited.

9.2. User-Uploaded Content

• User represents that content uploaded to the Platform (cargo posting, reviews, photos) belongs to them.
• User grants Nakliye360 a non-exclusive, royalty-free licence to use, display, and retain such content for purposes of service performance.
• User is responsible for publicly disclosed content like reviews/ratings.

9.3. Feedback

Feedback, suggestions, and bug reports submitted by users are considered materials Nakliye360 may freely use; no counter-copyright claim arises from your submission.

10. Account Suspension and Termination

10.1. By the Company

Nakliye360 may suspend or terminate an account in cases of:

• Breach of this Agreement
• Prohibited use (Section 6)
• Authority order
• Non-payment (30 days after notice)
• False declarations
• Multiple user complaints / suspected fraud

Suspension typically follows reasonable notice; in severe cases, immediate suspension may apply.

10.2. By the User

User may delete account at any time. See Account Deletion.

10.3. Effects of Suspension

• Suspended account cannot log in.
• Ongoing shipments are completed.
• Payment obligations continue.
• Data is anonymised/deleted after 30-day grace period.

11. Limitation of Liability

To the maximum extent permitted by applicable law, Nakliye360:

• Is not liable for indirect damages, lost profits, reputational damage, loss of use, data loss.
• Total liability is limited to the amount invoiced to the user in the preceding 12 months.
• Is not liable for transportation itself (Section 7.2).
• Is not liable in cases of force majeure (earthquake, pandemic, war, government order, internet infrastructure collapse).

These limits do not apply in cases of loss of life or bodily harm of the user or wilful misconduct or gross negligence of Nakliye360.

12. Measures and Complaint Handling

12.1. Complaint Channels

• Email: [email protected]
• Mobile app: Settings > Help and Support > Complaint
• Right to apply to Consumer Arbitration Committees is reserved

12.2. Our Right to Act

Upon complaint or ex officio, Nakliye360 may:

• Remove content
• Suspend account
• Notify competent authorities
• Cooperate with valid court / prosecutor orders

13. Notifications

Nakliye360 sends notifications through:

• Email registered to user account
• In-app notification (push)
• SMS (critical security)
• Website announcements

User is responsible for keeping registered contact information current.

14. Assignment

User may not assign rights and obligations under this Agreement without Nakliye360's written consent.

Nakliye360 may assign this Agreement in case of partial/total assignment, merger, or acquisition; user will be notified in advance.

15. Governing Law and Jurisdiction

• This Agreement is governed by the laws of the Republic of Turkey.
• Istanbul Anatolian Courts and Enforcement Offices have exclusive jurisdiction over disputes.
• If User qualifies as a consumer, the right to apply to Consumer Arbitration Committee or Consumer Court (per current monetary threshold under Consumer Law) is reserved.

15.1. Arbitration (Optional — Corporate)

Parties may opt for arbitration under Istanbul Arbitration Centre (ISTAC) Rules for B2B disputes; this clause is signed separately in corporate agreements.

16. Force Majeure

Force majeure includes:

• Natural disaster (earthquake, flood, fire, pandemic)
• War, terrorism, civil unrest
• Government orders (lockdown, internet shutdown)
• Outages of third-party providers (Hetzner, Cloudflare, Iyzico, EDM, Apple, Google)
• DNS, BGP infrastructure collapse

During force majeure, Nakliye360's service liability is suspended.

17. Integrity of Agreement

This Agreement, together with:

• KVKK Disclosure
• Privacy Policy
• Cookie Policy
• Account Deletion
• Applicable production/subscription/pricing pages

constitutes the entire agreement between the parties.

18. Severability

If any provision of this Agreement is held invalid or unenforceable, remaining provisions remain in effect.

19. Changes

• Nakliye360 reserves the right to update this Agreement.
• Significant changes are notified via email at least 30 days in advance.
• Continued use of the Platform after changes constitutes acceptance.
• If you do not accept new terms, your right to terminate membership is reserved.

20. Contact