Revised on 01 February 2009
All user agreements, general articles, public announcements and statements, privacy policy information on Direka are in English due to our information flow policy and public announcements & reponsibilities standards.
Direka is the registered brandname of Direka Technologies that is sub division of Ferco Shipping & Tourism Ltd. All rights are reserved. It will be called as Direka, us, we by now.
User Agreement describes the terms which Direka provides to members to its services. The services are given under www.direka.com domain name. Once you accept the terms and conditions of this agreement, you hereby agree and acknowledge that at anytime and in Direka’s sole discretion, Direka may effectively modify the terms and conditions of this agreement by posting the modified agreement with its new terms and conditions on the Direka web portal. Changes, updates, revisions will take immediate effect right after uploading the information to Direka web portal. This agreement can not by modified, simplified, ammended or changed in any personal or corporate manner.In addition to this hereby you also accept and confirm Direka may update and discontinue the services, contracts provided without any notice or liability or responsibility to you, members or visitors.
Direka is a neutral technological platform, gathers suppliers and carriers on a web venue to gain their interactivity by using web utilities. Direka is not a transport company, or a freight forwarder or a broker. Direka takes no part in mutual agreements or disagreements between shippers or carriers or third parties that takes place on our web platforms. Direka does not certify and approves existence, reliability of users in all ways and manners. Users acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the services are not provided by Direka and are specifically and solely between members and users. Direka is not in position of judging and penalizing the acts of users as it is a pure, sole neutral service builds software bridge between users.
All services which are provided on www.direka.com are public services. Altough core of utilities are designed for corporate needs; individuals can register and use Direka excluding minors. Minors can use Direka only under parental supervision and control. If you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. Users who engage in the transportation, logistics, delivery services of goods must have a valid license to operate the vehicle (all types) they intend to use. Users agree that Direka is for services only and that work that users provide will only involve services. Users agree that they will not use their participation in the Direka as a means to sell or market any types of goods or products, unless specifically allowed by Direka.
There are no subscription or membership fees for registered users on Direka. There are no fees for submitting shipments or listing fees for the vehicles. Unless otherwise is stated Direka is a free platform.
In case of dispute or disagreements between users, member releases Direka, directors, officers, agents and representatives from all claims, damages and demands (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
As a user in case of in shipper role , members are obligated to complete the transaction with the carrier if members accept the carriers’ bid, unless the transaction is prohibited by law or by this agreement. By accepting a carriers’ bid, members agree to be bound by the conditions of the bid included in the bid details so long as those trip details are not in violation of this agreement or unlawful. Acceptance generally is not retractable unless: (A) the carrier materially changes the bid details after users’ acceptance; (B) a typographical mistyping is occured; or (C) users cannot authenticate the carriers’ identity. The carrier reserves the right to inspect members’ shipment before accepting it, and to refuse to transport any item prohibited by this agreement or by relevant local or international laws. Direka suggests that users do not seal any package before inspection by the carriers. IMPORTANT: Direka does not screen or qualify carriers’ for compliance with local and international laws and regulations. It is suggested that users confirm such compliance directly with the carrier before services are rendered by the carrier.
Goods that can not lawfully be transported by mail or commercial carrier are not permitted to submit to Direka system. Full responsibility rests with the users who submit information to Direka to comply with all postal and nonpostal laws and regulations that relate to the mailing of restricted and illegal material. Any user who sends, or causes to be sent, a non-mailable or improperly packaged illegal material can be subject to legal penalties (i.e., fines and/or imprisonment)
Members either must legally and officialy be able to transport the shipments they bid on or provide the goods in agreed order and standards to carriers. Users agree that it is their sole and pure obligation to comply with all laws, rules, statutes and regulations that may apply including any and all local, international licensing requirements. Members must describe their offers and all terms of their services on the bid submittal form on Direka. Users acknowledge that the Direka system exists for members to make a fully informed decision about their own bids, services offering, policies and procedures. Thus, members shall disclose to every user that they attempt to do business with their services offerings and relevant policies, procedures and fees that they will charge, including, but not limited to, taxes and/or other service charges. In the event, that users charge "extra fees" , Direka management reserve the right to suspend or cancel their account at our sole discretion. Members’ bid may only include content relevant to the description of their transportation services. If members bid on any shipment and their bid is accepted by the shipper, carriers are obligated to perform the services offered in their bid at the accepted bid price. Direka is not responsible for the accuracy of listed information. Direka management suggests that users verify with the shipper the information that Direka system provides. Members solely are responsible for any information they provide to Direka or other users in the registration, shipping, or transportation process. Their personal information and any shipment or transport listings must be true, legal, accurate, and non-fraudulent. Information may not contain any viruses or other malware that may damage or interfere with Direka system. Furthermore, users may not list any shipment or transport on Direka that could cause Direka Technologies to violate any applicable law, statute, ordinance or regulation, or that violates above and below mentioned terms. Members authorize Direka to use the information they supply to Direka in connection with Direka services and in accordance with this agreement. Direka acts as a passive conduit for any and all communication and/or distribution of information. Direka has no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. Direka does not and will not ensure the accuracy or reliability of such communication or information nor will it act as a monitor over the content of such communication for information. However, Direka does reserve the absolute right to remove or restrict any communication or information that users may post to the website that is in violation of this agreement, illegal, threatening, or lewd. Users acknowledge and agree that Direka.com acts as a passive conduit for any of their on line communication or distribution of content or information.
Users grant to Direka a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to exercise the copyright, publicity and database rights that they have in their communication, content and/or information. They further represent and warrant that any and all of their online communication, content and/or information:
a. Will not violate any local or international law, regulation, rule, or statute;
b. Will not violate the terms of this agreement;
c. Will not infringe any third party's intellectual property rights including but not limited to copyright, patent or trademark rights;
d.Will not contain obscene, lewd, or suggestive content and under no circumstances will it contain pornography;
e.Will not be libelous, threatening, harassing or defamatory. This specifically includes making legal claims of any sort about Direka owners, employees, agents, other members, or the marketplace itself;
f. Will not contain any computer hardware or software, viruses, trojan horses, worms, or any other computer programming that may interfere with the operation of Direka, operation of any of Direka systems and or create or impose a large burden or load on Direka website;
g.Will not scan or test the vulnerability or security of Direka or the system within which it operates;
h. Will not be used for commercial or public purposes outside of the requirements of this agreement;
i.Will not create liability for Direka Technologis in any manner whatsoever;
j.Will not frame or link to Direka without our written permission;
k.Will not involve the upload, or insertion of, any programming language or code into or onto, Direka website.
Members agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. Users assume legal responsibility for all damages incurred as a result of any of theirr online communication or distribution of information.
Direka may suspend or terminate users’ account if it suspects that users have engaged in fraudulent activity in connection with Direka website. Members may not manipulate the bid prices for any shipment or interfere with other members' listings or transactions.
Direka prohibits offers by its members to transport listed shipments, or to offer listed shipments for transport, outside of the Direka system. Some examples of off-site offers include :
Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in Direka’s bidding and listing system, profile section, Add Cargo or Add Vehicle casections, username, discussion forums, shipment listing, or shipment description.
Using personal contact information, such as website addresses, fax numbers, phone numbers, or email addresses, obtained through Direka’s bid and listing system, profile section, Add Cargo or Add Vehicle section, username, discussion forums, shipment listing, or shipment description to offer to deliver a listed item off-site or to offer a shipment for delivery off-site.
Direka reserves the right to edit, amend, or delete any personal contact information that members submit on our site. Direka reserves the right to suspend or delete the account of any member that attempts to make off-site transactions.
Direka reserves the absolute right to reject users’ participation, or remove them from their current participation, in the Direka system at any time and for any reason or for no reason and without notice to them. An event that may result in the rejection or removal of their participation can include but is not limited to: any circumvention of the Direka venue by them or by others at their direction; their creation, maintenance and/or management of more than one account; their circumvention or non-payment in full of Direka fees in case there are; any attempt by them to improperly influence, or cause another to, improperly influence the feedback of other members; any attempt by them to harass, or cause another to harass, or commit inappropriate communications with a member and/or a failure to deliver the promised services on time; any attempt by them to harass, or cause another to harass, or commit inappropriate communications with one of employees, agents, or partners and owners.
As a result of the performance of this agreement and whether due to any intentional or negligent act or omission, Direka may discloses to users or users may otherwise learn of or discover, Direka’s documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of Direka’s business ("Our Information"). Users hereby agree and acknowledge that any and all of Direka’s information is confidential and shall be Direka’s sole and exclusive intellectual property and proprietary information. Users agree to use Direka’s information only for the specific purposes as allowed by the performance of this agreement. Any disclosure of Direka’s information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this agreement. Furthermore, users acknowledge that Direka’s information is proprietary, confidential and extremely valuable to Direka Technologies, and that Direka would be materially damaged by users’ disclosure of Direka’s information. Members acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that Direka shall be entitled to injunctive relief.
Direka reserves the right to keep all records of any and all transactions and communications between users and other members for administration purposes.
Direka uses techniques to help verify the identity of users when they register on Direka system; however, Direka cannot and will not confirm each service provider's or member’s identity. Direka has implemented a user-managed feedback system to help users evaluate other members they are transacting with.
For each Direka transaction, the shipper and service provider are allowed to rate each other by leaving feedback for one another. Feedback consists of leaving one rating (Very bad, bad, average, good and excellent), along with a short comment about their experience. Feedback scores are calculated when another member gives other a 0 up 5 scaled scores represented by half and full stars. Each member’s overall feedback score is the difference between the number of members who left a positive rating and the number of members who left a negative rating.
When a member leaves more than one of a particular type of feedback, for example three positive ratings for another member (for three different transactions), the other member’s score only increases by +1. While the score is only increased by +1, each of the comments are made available for the community to read in the profile section. A member can only influence another member’s feedback score by one of each abpve described ratings. For example, if you leave 3 positives and a negative, only one of the positives and one of the negatives will count against the score, netting to provide a score of 0. Cancellations are also incorporated into feedback. If users attempt in any way to undermine the integrity of Direka’s feedback system in any way their membership may be suspended. Users acknowledge that their feedback consists of comments left by other Direka members and a composite feedback number compiled by Direka. Members agree that they will not use their Direka feedback in any venue other than Direka. Members should always use caution and good judgment when leaving feedback for another member because, members could be help legally responsible for damages to a member’s reputation if a court were to find that the remarks constitute libel or defamation. Under local and international laws, because Direka does not censor feedback or investigate it for accuracy, Direka is not legally responsible for the remarks that members post, even if those remarks are defamatory. However, this law does not protect the person who leaves the feedback from responsibility for it.
To maintain the integrity of the voting system, votes left for a member is a permanent part of that member’s profile. Feedback comments cannot be edited at a later date. Members should resolve any misunderstandings prior to leaving feedback since most misunderstandings can and are resolved quickly through direct communication. There may be times when users are unhappy with, disagree with, or regret feedback that they left for another member, or that may have been left for them.
Votes and comments can be removed by Direka only in below examples ;
If both members are able to resolve a problem after feedback has been left, they can mutually agree to withdraw the feedback rating. The feedback comment will still appear in their profile, but it will no longer count towards their feedback score. Both members must agree, and feedback will be withdrawn at the same time upon confirmation of the request by both members.
Direka will remove individual votes and comments only in very rare circumstances, such as when they violate certain Direka policies. Other situations where Direka will remove feedback include: feedback containing vulgar language or other personal contact information, and instances when Direka receives a valid court order to remove feedback.
Direka, its employees, and its suppliers provide services without any warranty or express, implied or statutory conditions. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Members agree to indemnify and hold Direka and Direka officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of users negligence, breach of this agreement, or violation of any law or the rights of a third party.
Any legal claim arising out of or relating to this agreement or Direka services, excluding legal action taken by Direka to collect Direka’s fees and/or recover damages for, or obtain an injunction relating to, the Direk system operations, intellectual property, and Direka services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Turkish Ministry of Finance. The arbitration shall be conducted in Istanbul, Turkey, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Disputes between members and Direka regarding Direka services should be reported to support [ at] direka.com. Direka will attempt to resolve any disputes members have with it. Because Direka is a neutral venue (as explained above), it is not responsible for resolving any disputes between members regarding services. If users report a dispute to Direka, it will make every effort to help both parties communicate, however, all disputes must be resolved directly between members. We encourage users to report all member-to-member disputes to law enforcement officials or a certified mediation or arbitration entity. Direka does not specifically endorse any such third party mediation or arbitration entity. When appropriate, Direka also encourages users to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
The Direka website contains copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are Direka’s sole property and it retains all appurtenant rights, interests and title thereto. Direka also claims ownership rights under the copyright and trademark laws with regard to the "look", "feel", "appearance" and "graphic function" of this website including but not limited to its color combinations, sounds, layouts and designs. Users agree and acknowledge that their use of this website does not confer upon their any license or permission to use Direka’s (or any third party's) Intellectual Property Content. Members shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners.
The Direka website contains trademarks, tradenames, trade dress, service marks, domain names or other indicia of ownership (collectively the "Marks") owned or licensed for use by Direka. Unless otherwise agreed to in an Addendum to this Agreement, members agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by them pursuant to the execution, performance or non-performance of this agreement or any part thereof. Members shall in no way contest or deny the validity of, Direka’s right of title to or license of use for, the Marks, and users shall not encourage or assist others directly or indirectly to do so, during the lifetime of this agreement and thereafter. Users shall not utilize the Marks in any manner that would diminish their value or harm their reputation. Members shall not use or register any domain name that is identical to or similar to any of the Marks.
Direka uses industry standard practices to safeguard users’ personal information, including firewalls and Secure Socket Layers. Direka utilizes several different security techniques to protect data from unauthorized access, but it cannot guarantee the security of the system. Direka also does not guarantee uninterrupted or secure access to its system, as the operation of Direka can be interrupted by numerous factors outside of administrators control.
This agreement and member’s use of the site shall be governed by the laws of the courts of Istanbul, without regard to principles of conflict of laws.
This agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the agreement by its express terms. The invalidity or unenforceability of any provision of this agreement shall not affect the validity of this agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import.
