PABBLER USER AGREEMENT

Last Update Date: 30/09/2019

 

By accepting this Agreement, User can use taking in consignment, transport and delivery services detailed below and provided over the internet site at pabbler.com (“Internet Site”), Android and iOS mobile applications (“Mobile Applications”) owned by Pabbler Lojistik Teknoloji ve Turizm Anonim Sirketi

 

  1. Definitions

Taking in Consignment/ Transport:

Process of keeping and protecting Product selected from Requests in Platform by Travellers.

Possession as Custodian:

Relationship between Product and Traveller who possesses the Product.

Traveller/s:

Natural persons above 18 years of age who signed up to the Platform for performing taking in consignment and transport operation.

Service/s

Platform owned by Pabbler where Stores can list Products of their choice and Travellers can take such Products in consignment and earn money.  

Request:

Product Request published by Stores, providing information such as technical and visual properties of Product, delivery date, price, etc.

User/s:

 

Real persons above 18 years of age and legal persons with E-trade site account that are incorporated in accordance with the laws of the Republic of Turkey. 

Store/s:

Legal entities operating an e-commerce website that sign up to the Platform and post Requests in the Platform. 

Pabbler:

 

Pabbler Lojistik Teknoloji ve Turizm Anonim Sirketi.

Platform:

 

Online structure consisting of Pabbler.com , Android and iOS mobile applications that are operated by Pabbler.

Agreement

Pabbler User Agreement accepted by Travellers and Stores.

Delivery Point:

The point where Traveller having possession of the Product will deliver the Product.

Product:

All kinds of cosmetics, clothing, technology products for which Stores can lists Requests in the Platform.

Payment System

Authorized payment system that collects from Users that makes transactions in the Platform and makes payment to Users.

 

 

  1. Pabbler

 

  • Pabbler is operator of an online communication platform where Stores can post Products they wish to buy in the Platform and Travellers can earn money through Taking in Consignment in accordance with travel details entered into user profile created.
  • By accepting this Agreement, Users represent and agree that Pabbler is operator of the Platform; it is not party to any relationship with Users and it shall not be held liable for any relationship established between Users.

 

  1. Signing Up and Opening an Account

 

  • Users complete a subscription form over the Internet Site or Mobile Application in order to sign up to the Platform.Users are required to provide all requested information in this form without any deficiency and error.  Otherwise, Pabbler shall have unilateral right to block the User or suspend the account. 
  • Each User shall have only one account and they shall be able to benefit from Pabbler Services upon approval of account information.
  • Users shall not be entitled to transfer, donate, sell account and their respective rights to any third person or allow the use of the account by any third person after signing up to the Platform.

 

  1. Representations and Covenants of Travellers

 

  • It is compulsory for Travellers to be above 18 years of age in order to sign up to Platform.Travellers agree and undertake that they are above 18 years of age when they read and accept this Agreement and start processes over the Platform.  Travellers shall be held responsible ex officio for accuracy of any information provided for this purpose.
  • Travellers that sign-up to Platform shall complete departure and arrival point, date, empty space of luggage and hotel details in the menu shown over the homepage screen. Following this information, Pabbler shall list Requests about Products that can be carried along the travel route of Traveller.In case Traveller select any of Requests listed as such, consignment relationship will be established between Store and Traveller. The Product will be sent to the location specified by Traveller.  Consignment relationship will end when Traveller delivers Product without any loss and damage at Delivery Point and Traveller shall receive certain amount in consideration of Transport. 
  • Traveller with approved Request shall not be entitled to refrain from taking delivery of Product and delivering the same at Delivery Point without approval of Pabbler.
  • Traveller that takes Product in consignment shall be directly responsible for Product due to Possession as Custodian for the period until delivery of Product to Delivery Point.Traveller shall not interfere in the Product including Product packaging to the extent possible and it shall show effort to prevent any loss or damage to the Product. 
  • Traveller represents and agrees that Product price shall be collected in case Product is not delivered or any loss or damage that may arise with the Product and packaging until Delivery Point, shall be paid directly and loss compensation shall be collected by the Payment System from the provision retained from the credit card of Traveller.

 

  1. Representations and Covenants of Stores

 

  • Stores are required to provide all the information as specified in the sign-up form during subscription to the Platform.Stores agree and undertake that any operation performed over the Platform during subscription shall be performed with authorization for and behalf of company. 
  • Stores with approved subscription to Platform shall be permitted to post Request about Products over the Platform.Store agrees, declares and undertakes that all information required for delivery of Product to Delivery Point without damage and within delivery time were entered in full during posting of Request about Product and Product shall be sent to address of Traveller upon selection of Product by Traveller.
  • Store does not have right to modify Request after the selection of Request by a Traveller.
  • Any modification made upon posting of Request should be approved by Pabbler.
  • Store represents, agrees and undertakes that it shall be the only party that shall be held liable towards Pabbler, Traveller and other third persons due to incomplete, inaccurate and/or erroneous nature of information provided in Request.
  • Stores agrees, declares and undertakes that Products shall be posted as Request in accordance with the International Air Transport Association’s legislations and laws of the Republic of Turkey and they shall be directly and unlimitedly responsible for any dispute, loss or damage that may arise from posting of Products in breach of such legislation.Further, in case a Product in breach of legislation is posted in the Platform, Pabbler reserves right to suspend or close user account of Store  permanently and unilaterally. 

 

 

  1. Posting and Approval of Request

Pabbler shall share information on location of Traveller and Product with Store upon selection of posted Products by Traveller.  Users shall immediately notify Pabbler in case Product cannot be delivered within expected time and under expected conditions.  

 

  1. Security Measures

 

  • Users should establish account security by taking the following measures that are strictly recommended by Pabbler for account security:
  • Using a strong password consisting of letters, numbers and symbol in order to prevent discovery through guessing or trials;
  • Refraining from sharing username and password with other persons;
  • Refraining from using password for Pabbler account in any other platform.
  • Internet Site should always be accessed through “https” and Site’s certificate should be checked upon access.

 

  • User has exclusive responsibility regarding the accuracy and confidentiality of information provided during subscription; protection of password and username and avoid sharing such information with other persons. Pabbler shall not be held responsible in case of unauthorized access to such information and performance of unauthorized processes in the Platform.

 

  1. Confidentiality

 

  • For the purpose of providing Services, Pabbler requests certain information from Users during sign up to the Platform.Pabbler undertakes to keep such information confidential and take all kinds of measures for this purpose.  However, information and documents shall be submitted to competent authorities in case information and documents are requested by competent authorities in accordance with the laws of the Republic of Turkey, DLs and any legislation.  In addition, information of Users shall be shared with other Users in the Platform to the extent required for Service.  Pabbler shall not be held liable for any loss that may arise from such sharing.
  • Platform may provide links to other sites.It may publish Requests of contracted third parties and/or application forms pertaining to various services or it may provide link to these sites.  Pabbler does not have any responsibility in connection with the confidentiality provisions and policies as well as contents of third-party sites Users have access as described above.
  • Please refer to “Pabbler Privacy Policy and User Clarification Text” for information about which information Pabbler collects, uses and discloses about Users.

 

  1. Informing Users

 

  • By accepting this Agreement, Users accept and undertake that compulsory information on Services and subscription procedures shall be provided via electronic communication means such as SMS and e-mail in accordance with Article 6 of “Regulation on Commercial Notifications and Commercial Electronic Messages”.
  • Pabbler shall be entitled to communicate with Users via electronic communication means such as SMS, e-mail, etc. for commercial purposes as a part of services provided by Pabbler in case Users provide consent as required.Users shall always be entitled to withdraw their consent about this communication.

 

  1. Use of Platform and Services

 

  • Unless otherwise specified in writing by Pabbler, all contents and other materials including but not limited with Platform and Services; Pabbler logo and all designs, texts, graphics, images, information, data, software, audio files, other files, etc.are in ownership of Pabbler and Pabbler’s licensors and they are protected with Turkish and international copyright laws.  
  • Users shall refrain from behaviours that may jeopardize security of Pabbler system.Users agrees, declares and undertakes that software developed by Pabbler for its technology shall function properly and without interruption; it shall not engage in reverse engineering, obtain source code or damage in any other way and it shall not encourage or assist others for the purpose of the foregoing.
  • Users declares and undertakes that they shall not communicate with each other beyond the Platform in a manner leading to Taking in Consignment within the scope of Services offered over the Platform, and they shall not engage in any activity that competes with Pabbler.

 

  1. Trademarks

 

  • Pabbler technologies and Services, Pabbler logo and any other product or service names, logos or slogans that may appear in the Platform are trademarks of Pabbler and they cannot be reproduced, copied or used, whether wholly or in part, without prior written consent of Pabbler.
  • Any other trademarks, registered trademarks, product names, company names and logos shown in the Platform or Services are under ownership of respective owners and Users cannot reproduce, copy or use them, whether wholly or in part, without prior consent of trademark owner.

 

  1. Modifications

 

  • Pabbler shall be entitled to modify, suspend or cease provision of Services in the Platformat its own discretion, at any time and without assuming any liability to this extent.
  • Pabbler shall notify Users through Mobile Application and pop-up windows when User Agreement or Privacy Policy and User Clarification Text is modified.

 

  1. Warranty Conditions

 

  • Users understand and agree that they shall bear the risk of using the Platform. Users agrees, declares and undertakes that Pabbler does not have any liability in connection with transactions of Users, and it shall not be party to any dispute that may arise between Travellers and Store.Pabbler reserves right to make claim by recourse in connection with this matter. 
  • Users agrees, declares and undertakes that Payment System will respond to inquiries about payment transactions made in the Platform and any legal claim shall be directly addressed to such respondent.
  • Pabbler does not guarantee provision of Services in an uninterrupted and unlimited manner.In case of interruption and system problems, Users shall not be entitled to apply to Pabbler due to system problems and Pabbler shall be entitled to close or slow down functioning of Platform at any time. 

 

  1. Limitation of Liability

Users understand and agree that they shall be fully responsible for the use of Platform upon accepting the Agreement.  By accepting this Agreement, Users represent and agree that information that is sent and received by Users may not be secure, they may be seized or obtained by unauthorized persons.  Users represent and agree that they shall bear the risk of use.  To the maximum extent permitted by the law, Users represents, agrees and covenants that Pabbler shall not have any liability in connection with any direct, indirect, implied, express, special, penal or any other loss or damage including data loss or any pecuniary and non-pecuniary loss or damage that may be suffered by Pabbler’s suppliers or licensor.

 

  1. Suspension and Termination

Pabbler shall be entitled to immediately suspend or terminate all or a part of Services or access of Users to Pabbler Services in case Users breach any article of this Agreement.  In case access is terminated, User’s right to use Platform shall be terminated with immediate effect.  All previous agreements shall be terminated upon accepting revised Agreements of Pabbler.

  1. Severability

In case any provision of this Agreement or a part thereof is held invalid or unenforceable by any reason whatsoever, such provision shall be deemed non-existent and it shall not have validity or any effect.

  1. Settlement of Disputes

Any dispute that may arise regarding this Agreement shall be referred to jurisdiction of Istanbul (Caglayan) Court and Enforcement Offices.

 

Please read all articles carefully.  You shall agree, declare and undertake that you have read all lines of each provision in this Agreement, you have made due consideration and understood each of them and you shall be bound by these provisions when you accept the Agreement or use the Platform.  You shall be responsible for the use or non-use of the agreement in accordance with such regulation in case works and processes defined under this agreement are subject to any regulation or restricted in the jurisdiction where you are resident. Pabbler Lojistik Teknoloji ve Turizm Anonim Sirketi shall not be held responsible for anything to the contrary.