Terms and Use

Last Updated: 25/11/2023

These Terms of Use (the “Terms”) set forth the agreement between “MONTARİST BİLİŞİM YAZILIM PROJE DANIŞMANLIK İHRACAT İTHALAT VE TİCARET LİMİTED ŞİRKETİ” a company duly incorporated and existing under the laws of the Republic of Turkiye having its registered office at YENİ BAĞLICA MAH. 1023 SK. NO: 12 B İÇ KAPI NO: 12 ETİMESGUT/ANKARA/TURKIYE (“Montarist” , “We” ,“Our”) and each user (“You” or “User”).

Please read these Terms carefully as they set out the basis for which We make our Services (as defined below) available to You. If you do not agree to these Terms, then you must not use this App.

These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Our Services are for your individual, non-commercial purposes only. Except as may be expressly permitted by the Terms, You may not sell or exchange, copy or derive anything from our Services. As long as You comply with these Terms, We grant You a personal, non-exclusive, non-transferable, limited right to use our Services strictly as detailed herein.

Table of Contents

  1. Definitions
  2. Identity of the company
  3. About the Company
  4. Montarist Services
  5. Usage of Montarist Services
  6. The Age and Eligibility of The Requirements
  7. The Payment Terms
  8. Right of Withdrawal
  9. Rules of Conduct
  10. Right of Intellectual Property
  11. Warranty and Guarantee
  12. Limitation of Liability
  13. Indemnify
  14. Disputes
  15. Update of the Terms
  16. Miscellaneous

Articles

Article 1 – Definitions
  1. “App” means the software program provided by Montarist downloaded by You on any electronic device, named “Vignetim”
  2. “Application Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc, (Google Play Store) in which the Application has been downloaded.
  3. “Device” means any device that can access the Service such as a computer, a cell phone, or a digital tablet.
  4. “Feedback” means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
  5. “Service” refers to the services provided by Us and identified in Section 3 of these Terms.
  6. “Terms” mean these Terms of Use that form the entire agreement between You and Montarist regarding the use of the Service.
  7. “You/User” means the individual accessing or using the Service.
Article 2 – Identity of the company

Company: MONTARİST BİLİŞİM YAZILIM PROJE DANIŞMANLIK İHRACAT İTHALAT VE TİCARET LİMİTED ŞİRKETİ

Address: YENİ BAĞLICA MAH. 1023 SK. NO: 12 B İÇ KAPI NO: 12 ETİMESGUT/ANKARA/TURKIYE Postal Code: 06790

Email: contact@vignetim.com

Article 3 – About the Company
  1. We are Montarist – a company, that provides you with an App, making your road journey through payable roads within the EU states easy and comfortable. The App helps you to form a request (in other words – make an offer) to the country’s official body in order to buy a digital vignette(s) – an electronic analog of a toll sticker, which You purchase to be allowed to use payable highway of EU countries available at App. The vignettes shall be purchased prior to travel, and they have the duration of their validity (from several days to a year depending on the state and Your choice).
  2. Please, take note that Montarist only facilitates You in entering into agreements with the country’s official bodies that issue vignettes for the toll on Your behalf. Therefore, by accepting these Terms You have a right to enter into an agreement with the country’s official body that issues the vignette. The Montarist Services constitutes an invitation to the User to submit an offer to conclude on behalf of the User an agreement with the appropriate country’s official body to buy the vignette for the User.
  3. Only when the ordering process is completed in the “Payment” area after entering the customer data by clicking on the order button “Pay” and paid, there is a legally binding offer of the User to conclude an agreement with the appropriate country’s official body. Until then, the User has the option of canceling the ordering process and making corrections at any time.
  4. The vignette applied for will only be issued by the authorities responsible for this in the travel country, delivered by Us to You electronically (by email and in App), and at no additional cost. Only the responsible authority of the appropriate EU state decides on the issue of a digital vignette based on national regulations. Montarist has no influence whatsoever on the decision of the authorities to issue the digital vignette, except for the transmission of the necessary data provided by the User to apply for the issue of the digital vignette. Montarist does not carry out a preliminary check as to whether a vignette can be issued on the basis of the User’s data communicated to Montarist.
Article 4 – Montarist Services
  1. Montarist provides You with the possibility to use on a paid basis the following Services (collectively, our “Services”) available on the App:
    1. form a request (an offer) to buy digital vignette(s) chosen by you on your behalf;
    2. choose the country of the EU in which the vignette shall be bought;
    3. turn on the system of notifications concerning the necessity to buy a vignette depending on the selected country by you;
    4. download a copy of the digital vignette, bought by You with the help of the App;
    5. chosen the vignette by You;
    6. add to the App the information about vignette(s) bought by you;
Article 5 – Usage of Montarist Services

You can use one of the Services (mentioned in Article 4) or all of them by choosing the Services interesting for You in the App. The subject of each agreement with each User depends on the choice of each User.

  1. The User has an obligation to inform themselves independently about the conditions and the use of the digital vignette in the travel country. Only the travel information published by the respective travel country provides binding information about the requirements and conditions of the digital vignette. The information published by Montarist in App and internal documents is intended to be an initial guide. The information set forth by Montarist does not claim to be complete or correct. Montarist is not obliged to inform the User of changes to the requirements for the digital vignette in the respective travel country after the digital vignette has been issued. Therefore, be attentive and check the information on the website of the respective authority in the chosen EU country.
  2. Montarist has no influence on the processing of Your application submitted through the App and received by the responsible authority in the chosen EU country for the issue of a digital vignette. The processing of the requested digital vignette is exclusively a matter of the responsible national authorities. On-site processing may be delayed, in particular, due to public holidays and other circumstances over which Montarist has no control. Montarist is not liable for delayed processing by the national authorities. Insofar as Montarist states processing times for issuing digital vignettes in its App, these are the processing times specified by the national authorities for processing the digital vignette. By specifying the processing times, Montarist assumes no liability or guarantee that the appropriate national authority ends the processing of Your application during the stated period.
  3. After the responsible authorities in the travel country issue the digital vignette requested by You, You will find it in the App, both in digital form and in a digital document.
  4. Digital vignettes are valid for the period stated in the vignette document and the App. The digital vignettes are linked to the vehicle’s number plate provided by the User during the ordering process.
  5. Montarist takes no liability for the correctness of the license plate provided by You.
  6. The vignette shall be purchased before entering the toll roads. If the vignette is purchased after the vehicle has entered the toll road, its validity cannot be applied retroactively.
Article 6 – The Age and Eligibility of The Requirements
  1. By using Services, you affirm that You are 18 years or older to enter into these terms. if You are under 18 years old, then You must not use the App
  2. Additionally, in order to use the Montarist Service, you represent that any registration and account information that you submit to Montarist is true, accurate, and complete, and you agree to keep it that way at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Montarist Service
Article 7 – The Payment Terms
  1. Each Payment made by You consists of (i) the Price of vignette(s) charged by the local authorities for issuing the digital vignette, (ii) Our Services Fee, (iii) the Payment Provider fee.
  2. The amounts of Our Service fee for the respective travel country, Price of vignette (s), and Payment Provider fee are included in the total price with VAT in the App.
  3. If, after accepting the order to apply for a digital vignette, the fees in the respective travel country increase, Montarist reserves the right to notify the User about such change and request to pay the shortfalls for the vignette. Montarist is not obliged to make advance payments on behalf of the User. The desired digital vignette is only requested after the Payment is charged in full.
  4. Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase. You authorize us to charge the applicable fees to the payment method that you chose (if any).
  5. Each Payment can be made via the integrated payment form in the App directly. You can click the relevant button in the App and specify the card details. After that, the appropriate amount will be charged from your card. You will be charged with the amount you chose in the App one time only, so no continuous relationship between You and the Montarist will be established.
  6. We might change the subscription terms (including the amount to be charged) ourselves and will communicate any price changes to you in advance. Also, each time any changes are implemented, these Terms shall be amended accordingly.
  7. Tax rates are based on the company’s country (Turkiye)
  8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
  9. The User has the obligation to immediately report any inaccuracies in payment details provided or stated to Montarist.
  10. In the event of non-payment by the User, Montarist has the right, subject to legal restrictions, to charge the reasonable costs communicated to the User in advance.
Article 8 – Right of Withdrawal
  1. Given the type of Service we provide, the right of withdrawal and refunds shall not apply. However, given our User-friendly attitude, we allow our Users to get a refund in case of such necessity on their side. The case shall however be justified if Montarist is not bound by the generally applicable law to refund the User.
  2. Once you have submitted your order through the App it is assumed that you have agreed that we may instantly begin processing your order and provide our Service, and by agreeing to these Terms you are therefore providing your express consent for this to happen. If the order status is “Requested”, then the User has the right to cancel the order. Once the order has been completed (Order status is in “In Progress” and “Completed”) to the User by Montarist, the buyer has no right to cancel the order.
  3. To exercise your right of withdrawal, you must inform us at contact@vignetim.com by means of a clear statement (e.g. a letter sent by e-mail) of your decision to withdraw from the vignette.
  4. If the User has paid an amount, Montarist will refund this amount as soon as possible, but no later than within 14 days after cancellation.
Article 9 – Rules of Conduct

Rules of Conduct. We want to offer You and other Users a useful tool that will help You in Your travel through EU states comfortably and fast. For You to receive the qualitative services from Us, You agree that you will not (the “Rules of Conduct”):

  1. Provide false information(email address, vehicle plate number, etc)
  2. Commit fraud, reversal of credit card charges, or “chargeback” resulting in debt. A chargeback can include credit card theft, identity theft, or non-approved use by family or friends;
  3. copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Us or the respective copyright owner, which may be granted at its sole discretion.
    1. In the event of a violation of the Rules of Conduct, disciplinary action may be taken. Actual disciplinary action is dependent upon the severity and/or the number of instances of the offenses and shall be decided at our discretion, on a case-by-case basis. We may issue a warning, and suspend or close your ability to use one or more Services, or part of our Services, at any time based on prohibited conduct. Please note that the above list gives examples of forbidden conduct that may lead to an investigation by our staff and/or disciplinary actions that may be taken. Neither the conduct nor the disciplinary actions should not be considered exhaustive.
    2. You assign all rights, title, and interest in any Feedback You provide the Montarist. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, and exploit such Feedback without restriction.
    3. You also grant us the right (1) to allow the Montarist to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Montarist` Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same.
Article 10 – Right of Intellectual Property

You acknowledge that all materials on or in our App, including the code, texts, design, graphics, themes, objects, pictures, features, and functionality thereof (collectively, “Materials”) are the property of Us or our licensors, and are subject to and protected by applicable legislation. You will not obtain any ownership interest in the Materials or Our Services through these Terms or otherwise. All rights to Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on Our Services, You may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Us or the respective copyright owner, which may be granted at its sole discretion.

Article 11 – Warranty and Guarantee
  1. The Montarist’s services are provided to you “as is” and “as available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Montarist, on its own behalf and on behalf of its service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Montarist provides no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
  2. Without limiting the foregoing, neither Montarist nor any of the Montarist’s service providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the services, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of the Montarist are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
  3. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of the User, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Article 11 – Warranty and Guarantee
  1. The Montarist’s services are provided to you “as is” and “as available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Montarist, on its own behalf and on behalf of its service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Montarist provides no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
  2. Without limiting the foregoing, neither Montarist nor any of the Montarist’s service providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the services, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of the Montarist are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
  3. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of the User, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Article 12 – Limitation of Liability
  1. Notwithstanding any damages that You might incur, the entire liability of Montarist, its legal representatives, employees, and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 30 USD if You haven’t purchased anything through the Service.
  2. To the maximum extent permitted by applicable law, in no event shall the Montarist, its legal representatives, employees, or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if Montarist, its legal representatives, employees or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
  3. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
Article 13 – Indemnify
  1. You agree to indemnify and hold Montarist harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of any of these Terms (including any additional Montarist terms and conditions incorporated herein); (2) in the event of inappropriate (3) any activity in which you engage on or through the Services; and (4) your violation of any law or the rights of a third party. The provisions of this Section remain valid and in force after the termination of these Terms, subject to applicable law.
Article 14 – Disputes
  1. If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting Montarist.
  2. In case the informal solution of the dispute is not possible, Disputes are governed by the laws of the Republic of Turkiye.
  3. Agreements between Montarist and the User to which these general terms and conditions apply are exclusively governed by Turkish law. Even if the User lives abroad.
  4. The Vienna Sales Convention does not apply.
Article 15 – Update of Terms
  1. We reserve the right at Our sole discretion to change, modify, add, or delete clauses in these Terms at any time. The “Last Updated” date at the top of these Terms will indicate when the latest modifications were made. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access and use our Services after these Terms have been modified, You are agreeing to such modifications. Please consult Terms regularly to find out about any updates to the Terms. If You do not agree to the new terms, in whole or in part, please stop using the App and the Service.
Article 16 – Miscellaneous
  1. Titles and Headings. Titles and headings are for convenience only and do not control the meaning or interpretation of any provision of these Terms.
  2. Severability. If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect.
  3. No Waiver. The failure or neglect by You or Montarist to enforce any of the rights under these Terms will not be deemed to be a waiver of your or Montarist’s rights.
  4. Entire Agreement. The Terms, all other documents, and policies incorporated herein, represent the entire agreement between You and Montarist concerning your rights and obligations as to the use of our Services and supersede any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of the Terms.
  5. Force Majeure. Subject to applicable law, We will not be held liable for circumstances beyond our reasonable control.
  6. Assignment. You may not assign these Terms, in whole or in part, nor transfer or sublicense your rights under these Terms, to any third party.
  7. Electronic communications. All information communicated in the App is considered an electronic communication. When you communicate with us through or in the App or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “Pay”, “Info”, “Confirm” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract with Montarist. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
  8. Contacts. These Terms can be accessed at any time on the App. For any questions concerning these Terms or our Services, You may contact us by email: contact@vignetim.com OR by postal address: YENİ BAĞLICA MAH. 1023 SK. NO: 12 B İÇ KAPI NO: 12 ETİMESGUT/ANKARA/TURKIYE Postal Code: 06790

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.