Distance Sales Agreement

1. Distance Sales Agreement
  • Last Update 31 Dec 2025
  • 1. Parties
  • This Distance Sales Agreement (“Agreement”) is entered into between:
  • Rated Marine Services
  • Uğur Tufan Emeksiz (the owner of Rated Marine Service)
  • Atalar Mahallesi, Dolunay Sokak, Gönül Apartment No: 14/8
  • Kartal – Istanbul, Türkiye
  • Phone: +90 532 482 82 15
  • Email: operations@ratedmarineservices.com
  • (Hereinafter referred to as the "Seller")
  • and Service Provider (hereinafter referred to as the "Buyer" and/or "Service Provider"), who purchases a membership or digital services electronically via the website operated by the Seller at Rated Marine Services – www.ratedmarineservices.com, under the following terms and conditions.
2. Subject
  • This Agreement regulates the rights and obligations of the parties pursuant to the sale and delivery of digital services and/or membership packages purchased by the Buyer (Service Provider) via the Seller’s website (www.ratedmarineservices.com), in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, under the laws of the Republic of Türkiye.
3. Scope of the Services
  • The services provided by the Seller are offered on an annual subscription basis and consist of data hosting, user interaction, user interaction tracking, metric analysis, and access control functionalities. Services may vary depending on the Buyer’s selected membership plan (Silver, Gold, or Platinum). The full details of each plan are specified on the platform’s Pricing page.
  • Key service features available according to membership level include, but are not limited to:
  • • Storing the Buyer’s company information by creating a digital company profile within the system,
  • • Making the company profile accessible in designated areas according to the selected membership plan,
  • • Structuring the Buyer’s profile based on selected service category(ies) and port(s) of operation,
  • • Displaying the company on an interactive map and ensuring visibility in search and filter results,
  • • Collecting and reporting profile metrics such as number of visits (Profile Views), clicks, favorites, and other engagement data,
  • • Allowing the Buyer to collect customer reviews and star ratings via integrated QR code functionality,
  • • Allowing reviews and star ratings to be submitted by other platform users (including shipowners, managers, operators, masters, chief engineers, charterers, or other service recipients) who declare that they have received services or products from the Buyer and who submit supporting documentation in accordance with the Platform’s review submission and verification rules, provided that such reviews comply with the Platform’s content requirements, regardless of whether the Buyer has actively requested such reviews;
  • • Displaying all submitted reviews and ratings on the company profile page,
  • • Allowing the Service Provider (Buyer) to publish a response directly beneath reviews submitted about their services,
  • To continuously enhance the service quality of the platform and to ensure a reliable environment for all members, Rated Marine Services will implement the following rules at a future date. The effective date of these rules will be announced to all members in advance:
  • • If a marine service provider (Buyer), after receiving at least 10 verified reviews, has an average star rating falling below 2.5, or fails to collect at least 5 reviews within one (1) year, the company will be removed from the 10-member limited slot and its profile will be downgraded to a “Free Profile.”
  • • In this case, the provider will remain listed on the platform but will no longer have access to the rights and privileges of limited slot members — such as collecting reviews, accessing advanced analytics, and enjoying RFQ (Request for Quotation) advantages.
  • • The purpose of this measure is to give greater visibility to companies that provide higher-quality services and to ensure a trustworthy ecosystem for all users.
  • • Since access to the platform advantages has been made available throughout the subscription period, no refunds will be issued.
  • The Buyer (Service Provider) declares to have reviewed the full scope and content of the selected plan prior to purchase and agrees to its terms.
4. Price and Payment
  • The Buyer agrees to pay the price specified at the time of purchase using the available payment methods (credit card, virtual POS, bank transfer etc.). All payments shall be charged in United States Dollars (USD). Payments made with credit cards issued by Turkish banks shall be charged in Turkish Lira (TRY) based on the applicable USD/TRY exchange rate determined by the payment provider or issuing bank at the time of the transaction.
  • Once the payment is completed, the corresponding digital service becomes active and available for use.
  • For Buyers residing in Türkiye, an additional 20% Value Added Tax (VAT) will be applied to the specified prices. Payments made with credit cards issued by Turkish banks will be processed in Turkish Lira (TRY).
5. Right of Withdrawal
  • The services purchased qualify as services performed instantly in an electronic environment or non-material digital goods delivered instantly to the consumer. Accordingly, under Article 15(1) of the “Regulation on Distance Contracts” issued under the laws of the Republic of Türkiye, the right of withdrawal does not apply to such services. The Buyer acknowledges and agrees that once access to the service has been granted, the right of withdrawal is forfeited and no refund shall be requested.
6. Responsibilities
  • The Seller is responsible for providing the services in accordance with the selected membership plan and this Agreement.
  • The Buyer agrees to use the services solely for their own commercial purposes and undertakes not to transfer, sublicense, or make the services available to any third party.
  • The Seller commits to addressing access interruptions or system-related issues arising from the technical infrastructure of the Platform within a reasonable time frame.
  • Reviews and User-Generated Content
  • The Buyer acknowledges and agrees that all reviews, ratings, comments, and other user-generated content displayed on the Platform are governed exclusively by (i) this Agreement and (ii) the Platform’s Terms and Conditions, as published at https://ratedmarineservices.com/t&c.
  • The Buyer further acknowledges and accepts that Rated Marine Services acts solely as a hosting and facilitation platform for user-generated content and does not pre-approve, verify, endorse, edit, alter, or guarantee the accuracy, completeness, legality, reliability, or factual correctness of any review or rating submitted by users, nor does it guarantee that such content reflects objective facts or will lead to accurate conclusions, decisions, or actions by third parties relying on such content.
  • If the Buyer (Service Provider) is unwilling to receive or tolerate negative reviews, they should refrain from creating or maintaining a profile on the Platform. By creating a profile and/or purchasing a membership, the Buyer (Service Provider) expressly acknowledge and accept that a review shall not be removed for any reason other than those established in Clause 10.5 of Terms and Conditions. Negative feedback, dissatisfaction, or criticism—even if strongly worded—does not constitute grounds for removal.
  • Rated Marine Services is not in a position to determine which party is right or wrong, nor to assess whether any statement, allegation, or opinion made by a reviewer or a Service Provider is true, false, accurate, complete, or misleading.
  • Accordingly, the Buyer, acting as a Service Provider, expressly acknowledges and accepts that Service Providers have a reasonable right to publish an explanatory or responsive statement regarding reviews written about them. Such responses may be displayed directly beneath the relevant review for clarification or to present the Service Provider’s perspective.
  • The Buyer expressly acknowledges, declares, and accepts that by entering into this Agreement and creating a profile on the Platform, they may receive positive, neutral, or negative reviews, and that negative reviews may form part of the normal operation of the Platform and may carry commercial, reputational, or business-related risks for the Buyer, which the Buyer knowingly and voluntarily accepts in advance.
  • For the avoidance of doubt, the Buyer acknowledges and accepts that the term “negative reviews” refers to any review expressing dissatisfaction, criticism, or unfavorable opinions that do not contain insults, profanity, or threats, and that reviews are, by their nature, relative, subjective, and perception-based, and may vary depending on individual expectations, circumstances, and operational conditions.
  • Accordingly, any dissatisfaction or complaint expressed in reviews regarding a service or product — including but not limited to issues related to service quality, reliability, performance, timeliness, professional conduct, compliance with agreements (whether written or verbal), fulfilment of promises or expectations, or the perceived adequacy or outcome of the service — shall not constitute grounds for deletion of the review, provided that the relevant review complies with the Platform’s verification and content rules, and the Buyer expressly acknowledges and accepts this Agreement knowing that such reviews may be submitted and displayed on their profile.
  • Any dispute, claim, allegation, loss, damage, cost, reputational harm, financial loss, or consequence arising between Service Providers and Service Receivers — including but not limited to those arising from or in connection with reviews published on the Platform, such as commercial loss, loss of reputation, loss of business, monetary damage, or any other direct or indirect damage — shall be resolved solely between the relevant parties (Service Providers and Service Receivers)
  • The Buyer expressly acknowledges and accepts that Rated Marine Services’ role is strictly limited to hosting and displaying reviews that comply with the Platform’s review submission, verification, and content rules and that do not contain insults or profanity. Rated Marine Services , its owners, directors, officers, employees, and affiliates shall not be held liable under any circumstances for disputes, losses, damages, or consequences arising from or in connection with such reviews.
  • All such matters, including but not limited to disputes, claims, costs, damages, reputational harm, or commercial losses, shall be handled exclusively between the Service Provider and the Service Receiver. Rated Marine Services , its owners, directors, officers, employees, and affiliates shall neither be a party to nor be held responsible for any such dispute, claim, or outcome and shall not be required to intervene, participate, or assume any role in relation thereto.
  • Moderation and Removal of Reviews
  • Any moderation, restriction, suspension, or removal of reviews or other user-generated content shall be carried out solely in accordance with the applicable Platform policies.
  • Rated Marine Services reserves the right to remove or restrict access to any review or user-generated content solely in the following circumstances:
  • (i) where the content clearly violates the Platform’s review submission, verification, or content rules, including but not limited to content containing insults, profanity, threats, spam, or content that is clearly irrelevant to the service received;
  • (ii) where removal is expressly required pursuant to a final, binding, and enforceable court order or decision issued by a competent court or authority that specifically mandates the removal or restriction of the relevant content.
  • For the avoidance of doubt, Rated Marine Services does not conduct legal assessments of alleged unlawfulness and shall not be required to remove content in the absence of a final and binding decision from a competent authority.
  • Indemnification
  • The Buyer agrees to indemnify, defend, and hold harmless Rated Marine Services, its owners, directors, officers, employees, and affiliates from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with:
  • (i) any reviews, ratings, comments, or other user-generated content submitted, published, or caused to be published by the Buyer or by any Service Receiver in relation to the Buyer’s services;
  • (ii) any dispute, claim, or legal action brought by the Buyer or any third party against Rated Marine Services in connection with reviews, ratings, or content published on the Platform;
  • (iii) the Buyer’s breach of this Agreement, the Platform’s Terms and Conditions, or applicable platform policies; or
  • (iv) any attempt by the Buyer to involve Rated Marine Services as a party, co-defendant, or responsible entity in disputes arising between Service Providers and Service Receivers.
  • This indemnification obligation shall apply regardless of whether such claims are founded or unfounded and shall survive termination of this Agreement.
7. Limitation of Liability
  • • To the maximum extent permitted by applicable law, Rated Marine’s cumulative liability arising out of or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total Fees paid by you in the twelve (12) months preceding the event giving rise to the claim.
  • • Under no circumstances shall Rated Marine be liable for:
  • o Any indirect, special, incidental, exemplary, or consequential damages;
  • o Loss of profits, loss of business, loss of reputation, or loss of data;
  • o Any fines, penalties or similar liabilities imposed by any authority.
  • • These limitations apply even if Rated Marine has been advised of the possibility of such damages, and survive termination of this Agreement.
8. Governing Law and Jurisdiction
  • This Agreement shall be governed by the laws of the Republic of Türkiye, and any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the Courts and Enforcement Offices of Istanbul (Anatolian Side).
9. Enforcement
  • By completing the membership or service purchase process on the Seller’s website, the Buyer confirms that they have read, understood, and accepted all provisions of this Agreement. This Agreement enters into force upon electronic approval by the Buyer.