MEMBERSHIP AGREEMENT

1. Introduction

• SMT Filo ("SMT FILO" hereinafter referred to as), operates as an intermediary reservation service for users to rent vehicles through www.smtfilo.com and SMT FILO Mobile Applications. In other words, it acts as an intermediary service provider facilitating the establishment of a "vehicle rental agreement" between the Service Recipient and the Lessor via www.smtfilo.com and SMT FILO Mobile Applications, and/or making reservations for the establishment of a contract. In this context, it provides the opportunity to list, filter, and compare vehicles belonging to various third-party car rental companies according to various criteria. As SMT FILO is an intermediary service provider facilitating your vehicle rental, it is necessary for our members to comply with the terms of use of the site for the service to be complete and flawless
• Users acknowledge, accept, and undertake that they have read, understood, accepted, and approved the provisions of this agreement by becoming a member of www.smtfilo.com by filling out the User form.

2. Parties and Definitions

2.1. This Membership Agreement has been electronically approved between SMT FILO, located at Mehmet Akif Mh. Köknar Cd. No:61/A Çekmeköy/İstanbul, and the user who becomes a member of the website www.smtfilo.com and uses the services offered under the website.

2.2. SMT FILO and the User shall individually be referred to as the "Party" and collectively as the "Parties".

2.3. SITE: The web site with the domain name www.smtfilo.com, where SMT FILO provides services to its users.

2.4. User/Member: The real and/or legal person who starts to receive services by becoming a member of the Site.

2.5. Service: It consists of displaying vehicles belonging to third-party car rental companies listed on www.smtfilo.com domain and SMTFILO Mobile Application, establishing necessary communication/payment infrastructure for users to rent vehicles of various prices and specifications determined/changed/updated by third-party car rental companies, mediating the establishment of a "vehicle rental agreement" between the user and the third-party car rental company for renting the selected vehicle, and transmitting the user's reservation to the third-party car rental company.

3. Sözleşmenin Konusu

3.1.İşbu sözleşme ile SMTFİLO, www.smtfilo.com alan adında ve SMTFİLO Mobil Uygulama’da siteye üye olacak Gerçek ve/veya Tüzel kişi kullanıcılarına, üçüncü taraf araç kiralama şirketleri tarafından belirlenen fiyat ve nitelikteki araçların kullanıcılara listelenmesine, kullanıcıların diledikleri tarih ve fiyatlarda, diledikleri lokasyonlarda ve diledikleri nitelikte kiralık araç bulabilmesi adına üçüncü parti araç kiralama şirketleri tarafından SMTFİLO veritabanına yüklenen verilerin tasnif edilmesine, bu meyanda çeşitli tanıtım ve promosyon faaliyetlerinin gerçekleştirilmesine, listelenen çeşitli araçların kullanıcılar tarafından üçüncü parti araç kiralama şirketlerinden kiralanmasına aracılık edilmesine ve aracılık faaliyeti sonucu kira parasının –komisyon bedeli mahsup edildikten sonra- üçüncü taraf araç kiralama şirketine ödenmek üzere SMTFİLO tarafından kullanıcıdan tahsil edilmesine ilişkin tarafların karşılıklı hak ve yükümlülükleri düzenlenmektedir.

4. Subject of the Agreement

4.1. The basic rule for creating a membership on the SMTFILO e-commerce platform is to create membership with your email account. If you have previously registered with the same email address, your new membership will not be accepted.

4.2. The User accepts, declares, and undertakes that all information provided while becoming a member of the SMTFILO e-commerce platform is correct and complete, not fake, and that they are responsible for any damages and losses that may arise from these fake and/or incorrect information, and that they will indemnify the Site for any damages it may suffer.

4.3. In order for the rental reservation brokerage services (www.smtfilo.com and SMT FILO iOS/Android mobile applications) to be delivered to you within the specified period, it is necessary to fill in the membership information truthfully and completely. SMTFILO accepts no responsibility if your delivery/fulfillment cannot be made within the promised period due to incorrect or faulty membership information.

5. About Commercial Electronic Messages

5.1. By becoming a member of SMTFILO, you may receive Commercial Electronic Messages for marketing and promotional purposes through your email address, phone, and/or mobile phone in accordance with Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages. The member has the right to opt out of these communications at any time, free of charge.

5.2. SMTFILO keeps all consent records for sending commercial electronic messages by members, as well as other records related to commercial electronic messages, for three years from the date of registration of consent, in accordance with the legislation.

6. General Rights and Obligations

6.2. The User agrees and undertakes not to share the information obtained while using the Site with third parties within the framework of this agreement and other terms and policies available on the Site.

6.3. The User takes necessary measures to ensure the confidentiality of their Site membership, User information, and User password. The User shall bear full legal responsibility for any disclosure of the User password to third parties. In case the User password falls into the hands of third parties, all material and moral damages incurred by third parties and/or SMTFİLO shall be the User's responsibility. In the event of any compensation payment by SMTFİLO to third parties or the imposition of administrative fines against SMTFİLO due to the User's breach of this obligation, SMTFİLO may claim all its damages from the User.

6.4. The email address, name, surname, and other similar information provided by you when registering, as well as the data obtained as a result of other transactions performed within the Site, constitute your personal information. SMTFİLO informs the User in accordance with the Law No. 6698 on the Protection of Personal Data and obtains explicit consent when collecting any personal data from the User. The User must read the Disclosure Text on the Processing of Personal Data displayed to them during each form filling process on the Site and during the first visits to the Site via an IP address.

6.5. In accordance with the Disclosure Text on the Processing of Personal Data displayed in the relevant sections of the Site, SMTFİLO may request your explicit consent to process some of your data. In such cases, the User is informed through the Disclosure Text on the Processing of Personal Data and decides whether to give explicit consent freely.

6.6. SMTFİLO does not provide vehicle rental services in its own name and account on www.smtfilo.com and SMTFİLO Mobile Applications. SMTFİLO acts ONLY AS AN INTERMEDIARY for vehicle rental services of third-party vehicle rental companies, which are predetermined and uploaded to the www.smtfilo.com and SMTFİLO Mobile Applications databases.

6.7. SMTFİLO is responsible for transmitting users' vehicle rental requests to third-party vehicle rental companies, which are the operators/owners of the respective vehicle; and for collecting the rental fees payable by users to third-party vehicle rental company accounts.

6.8. Your credit and debit card information used in payment transactions on the Site cannot be viewed or stored by SMTFİLO in any way.

6.9. The services you will purchase from the SMTFİLO e-commerce platform may be limited by "stock" quantities and similar criteria. Any limitations imposed are detailed on the vehicle inspection and reservation creation page. Due to the convenience of purchasing products/services online and the possibility of receiving multiple orders simultaneously, the relevant product/service may be sold out before being purchased by you. Therefore, SMTFİLO does not guarantee the availability for purchase of every product/service offered on the Site.

6.10. SMTFİLO determines the sales conditions and your rights in accordance with the Law No. 6563 on Regulation of Electronic Commerce and secondary legislation, the Law on Protection of Consumers, the Regulation on Distance Contracts, and, where referenced, the Regulation on Door-to-Door Sales. Your legal rights regarding purchases will also be presented "on the payment screen". For buyers who do not qualify as consumers, the general provisions of the Law No. 6502, the Turkish Commercial Code, and the relevant articles of the Turkish Code of Obligations will be applicable depending on the type of service or product purchased. A preliminary information form regarding the product you select and subsequently wish to purchase will be sent to you electronically.

6.11. When users make "vehicle rental requests/reservations" from www.smtfilo.com and SMTFİLO Mobile Applications; they are deemed to have accepted the Vehicle Rental Agreement prepared by the third-party vehicle rental company, which is the operator/owner of the respective vehicle.

6.12. The User takes necessary measures to ensure the confidentiality of their Site membership, User information, and User password. The User shall bear full legal responsibility for any disclosure of the User password to third parties. In case the User password falls into the hands of third parties, all material or moral damages incurred by third parties shall be the User's responsibility. Therefore, if SMTFİLO is required to pay any compensation to third parties in any way, it may claim its damages from the User.

6.13. SMTFİLO, as a hosting provider within the scope of the Law No. 5651, is not obliged to monitor the ideas and thoughts declared, written, or used by Users on the Site. The ideas and thoughts declared, written, or used by Users on the Site are solely the personal opinions of the Users and bind the opinion holder. These opinions and thoughts are not related to SMTFİLO in any way. SMTFİLO shall not be liable for any damages that third parties may suffer due to the ideas and views declared by the User, or for any damages that the User may suffer due to the ideas and views declared by third parties.

6.14. The Member who violates one or more of the provisions stated within this membership agreement shall be personally responsible for such violation, and shall indemnify SMTFİLO from the legal and penal consequences of such violations. Furthermore, in case of an investigation, prosecution, or trial, whether judicial or administrative, arising from such violation, SMTFİLO reserves the right to claim compensation from the Member for failure to comply with the membership agreement.

6.15. As an intermediary service provider, SMTFİLO strives to present the features of the vehicles offered for rent by third-party vehicle rental companies on the electronic commerce platform in a complete and accurate manner. However, due to the technical specifications of the system used for displaying products over the internet, there may be insignificant differences in colors and/or sizes of the products. The vehicle photographs shown during the vehicle rental stages are for illustrative purposes only.

6.16. SMTFİLO keeps subscription information and log records during membership registration and purchase transactions on the Site, in accordance with Law No. 5651 and other general provisions. Except for legal reasons, such records are not shared with any institution or organization.

6.17. Unforeseeable, officially documented, and proven events beyond the control of the Parties that prevent or delay the fulfillment of their obligations under this agreement (such as strike, lockout, civil war, war, terrorist acts, earthquake, fire, flood, etc.) shall be considered as force majeure, and if the Parties cannot fulfill their obligations due to force majeure, the contract shall be automatically suspended, and if the force majeure lasts more than 10 days, the Parties shall meet to negotiate the continuation, suspension, termination, or other resolution of the contract.

6.18. If any provision or provisions of this agreement are found to be contrary to the applicable laws, such provision or provisions shall be invalid or unenforceable, and the other provisions of the agreement shall remain valid and enforceable. In such case, the Parties shall make maximum efforts to replace the invalid or unenforceable part or provision with a new provision or part that serves the purpose of the invalid part or provision.

6.19. Any electronic correspondence such as emails, instant messages, server logs of the User's service usage, SMTFİLO's server logs, all digital evidence, and fax communications made between the Parties and their representatives shall be considered as valid evidence in legal proceedings, and shall be accepted as evidence in procedural law.

6.20. Turkish Law shall apply to the resolution of any disputes arising from the implementation of this agreement, and the Istanbul Anatolian Courts and Execution Offices shall have jurisdiction and authority.

6.21. The word and design mark "SMTFİLO" and the slogan "smtfilo.com", as well as all kinds of slogans, designs, website designs, software, domain names, codes, and other distinctive/identifying names and signs used in the www.smtfilo.com and SMTFİLO Mobile Applications, are the intellectual and industrial property rights of SMTFİLO. The User cannot use, share, distribute, copy, reproduce, or use in any way that would create commercial impact on the distinctive/identifying name and sign without the prior permission of SMTFİLO. If the User acts in a manner that violates the intellectual and/or industrial property rights of SMTFİLO and/or third parties or infringes upon their commercial reputation, the User shall be liable to compensate for any damages suffered by SMTFİLO and/or third parties.

7.An electronic copy of this Membership Agreement consisting of 7 articles has been agreed upon by the parties in electronic form and can be accessed by the MEMBER at the address www.smtfilo.com. The terms of use stated above have been accepted by you upon completion of the membership process.