- 7 March 2024
- admin
Terms and Conditions
1.PARTIES
Kodgaraj Yazılım Ticaret A.Ş. (hereinafter referred to as “KODGARAJ”) located at Esenyalı Mahallesi Yanyol Caddesi No:61/122 Pendik – İstanbul, which carries out the activities of the www.crmextra.app website. The internet user who is a member of the www.crmextra.app website (hereinafter referred to as “MEMBER/USER”).
2. SUBJECT OF THE CONTRACT
The subject of this Agreement is the determination of the terms of use of the member from the website named www.crmextra.app owned by Kodgaraj Yazılım Ticaret A.Ş. This agreement shall apply to the services to be provided, including the updates used by the Member / User and other services to be provided during the validity period of the agreement. It is to determine the rights and obligations of the parties in accordance with the Law No. 6502 on Consumer Protection, Distance Contracts Regulation and other relevant legal provisions regarding this contract.
3.WEB SITE CONTENT
The information available on the www.crmextra.app website is constantly checked for accuracy and currency. However, the information on the website and the app may lag behind the actual changes and therefore there may be a difference between the current status of the relevant service and the status on the site. KODGARAJ does not give any express or implied warranties or undertakings about the timeliness, accuracy, terms, quality, performance, marketability, suitability for a particular purpose, completeness, and the effect of the information on the website and app on other related or independent information, services or products. KODGARAJ may make any changes and innovations in the content of the website and app at any time. KODGARAJ cannot be held responsible for any sales or information errors that may arise due to these changes.
4. RIGHT TO MAKE CHANGES ON THE WEBSITE
KODGARAJ reserves the right to change all kinds of services, products, conditions of using the site and the information provided on the site without prior notice, to reorganise the site, to stop the publication. Changes take effect at the time of publication on the site and the MEMBER / USER is deemed to have accepted, declared and undertaken these changes with the use of the site or access to the site. These conditions are also valid for other linked web pages. The www.crmextra.app website and KODGARAJ cannot be held responsible for any sales or information errors that may arise due to these changes.
5.LINKS TO WEB SITES (LINKS)
KODGARAJ, www.crmextra.app may be linked to other sites directly or indirectly through its website. KODGARAJ does not guarantee the accuracy of the information on the linked pages and does not make any commitment or recommendation regarding the information. Any damages that may arise from the use of these sites are the responsibility of the MEMBER / USER. KODGARAJ may bind access to such linked pages to its own written consent, as well as KODGARAJ may always cut access to links that it does not deem appropriate.
6.SITE INFORMATION
The utmost care is taken for the accuracy of the information announced on the KODGARAJ website taken from the cooperated suppliers and / or intermediary institutions, but KODGARAJ cannot be held responsible for the fact that the services and facilities received or requested do not show the specified quality and availability. In case of incomplete or incorrect pricing (including pricing errors arising from suppliers and / or intermediary institutions) that may occur due to any disruption on the KODGARAJ website, without prejudice to the user’s right of cancellation, KODGARAJ reserves the right to correct the relevant price and total amount paid or to be paid.
7.EXPLANATIONS ON CANCELLATIONS OR AMENDMENTS
In all kinds of service transactions made through KODGARAJ, the membership rules are deemed to be accepted, declared and undertaken by the MEMBER / USER . All cancellation transactions are made within the framework of the service contract accepted during the MEMBER / USER’s membership contract and included in the contract.
Regarding the services received through KODGARAJ (www.crmextra.app), KODGARAJ shall be contacted at every stage. Otherwise, KODGARAJ does not accept responsibility for the cancellation of the MEMBER / USER from the intermediary company and receiving a different service.
8. USER APPROVAL FOR COD GARAGE NOTIFICATIONS AND ELECTRONIC INFORMATION
This contract is signed electronically. KODGARAJ has the right to send the information it undertakes to the MEMBER / USER regarding the service. Notifications sent to the MEMBER / USER via e-mail are deemed to be delivered and received on the date of transmission of the e-mail.
This information
It can be sent by e-mail to the e-mail address specified by the MEMBER/User to purchase services when registered in the system, by accessing a website that will be specified in the e-mail notification sent to the MEMBER/User when information is available, by accessing a website that is generally predetermined for this purpose.
9. RIGHTS AND OBLIGATIONS OF THE PARTIES
The MEMBER/User who is a member of the www.crmextra.app site guarantees the accuracy of all information provided. MEMBER/USER is responsible for the information belonging to him/her, all transactions made and all consequences that may arise from these transactions. KODGARAJ (www.crmextra.app) cannot be held responsible for the submission of information and transactions by minors under 18 years of age or those under the age of lien to this website without the permission of their parents or guardians.
On the www.crmextra.app website; MEMBER / USER accepts, declares and undertakes to be responsible for the consequences of threats, provocations, disturbing, unethical and illegal content and damaging the legal and personal rights of others. MEMBER/Users do not have the right to sell a product or service, to advertise for commercial purposes and to engage in similar commercial behaviours by using these pages.
The Member / User is obliged to comply with the relevant Laws, contract, notifications, to keep the password of your service account confidential and to notify KODGARAJ immediately when you notice a security breach related to the service while receiving web and app services.
10.RIGHT OF WITHDRAWAL
The MEMBER / USER may cancel / return the membership by using the right of withdrawal within 14 (fourteen) days from the date of delivery of the goods / services purchased without any legal and criminal liability and without any justification.
The right of withdrawal notification and notifications regarding the Agreement will be displayed via the communication channels specified on the Platform. The communication channels through which the withdrawal notification will be made can be accessed from the link www.crmextra.app.
In order to exercise the right of withdrawal, a notification must be made within the 14 (fourteen) day period specified above via the www.crmextra.app website in accordance with the provisions of the legislation and the option to exercise the right of withdrawal on the Platform.
Within 14 (fourteen) days following the exercise of the right of withdrawal, the membership fee shall be refunded to the MEMBER / USER as paid. While refunding the membership fee, if the MEMBER / USER is a legal person, it is required to issue a refund invoice to KODGARAJ (www.crmextra.app).
In cases where the MEMBER / USER uses the right of withdrawal or in cases where the product subject to the membership cannot be supplied for various reasons or in cases where it is decided to refund the price to the MEMBER / USER with the decisions of the arbitration committee, if made by credit card and in instalments, the refund procedure to the credit card is stated below:
No matter how many instalments the MEMBER / USER has purchased the product, the Bank makes the refund to the MEMBER / USER in instalments. After KODGARAJ pays the entire membership fee to the bank at once, in case of the refund of the instalment expenditures made from the Bank’s poses to the credit card of the MEMBER / USER, the requested refund amounts are transferred to the bearer party accounts by the Bank in instalments in order to prevent the parties involved in the matter from becoming aggrieved. The instalment amounts paid by the MEMBER / USER until the cancellation of the membership, if the return date and the account cut-off dates of the card do not coincide, 1 (one) refund will be reflected on the card every month and the MEMBER / USER will receive the instalments paid before the return for the number of months after the instalments of the sale are over and will be deducted from the existing debts.
In addition, if the MEMBER / USER makes the membership fee at one time via Transfer / Eft channel, in case of membership cancellation, the membership fee will be refunded to the account specified by the MEMBER / USER within 30 (thirty) days after the end of the 14 (fourteen) day withdrawal period.
11. DEFINITION AND SCOPE OF CONFIDENTIAL INFORMATION
MEMBER/User, within the scope of the relationship between KODGARAJ (www.crmextra.app) and KODGARAJ (www.crmextra.app), all kinds of information, trade secrets and documents, designs, features, all kinds of information, trade secrets and documents belonging to KODGARAJ (www.crmextra.app), all kinds of videos, photographs, all kinds of pictures, images, graphics, designs and all other pictures and figures on digital or paper, customer lists, patents, copyrights, trademarks, financial information, know-how, pricing, service and technical records, details of its customers or suppliers, information about the people it employs, existing or planned products, business model, script texts, drawings and all kinds of copies of them, all kinds of software prepared or / or written by the MEMBER / USER for KODGARAJ, special data and programmes and all kinds of innovations and all written and verbal commercial, financial and technical information and speech information to be learned during the commercial relationship, commercial, financial, technical information, subscription, customer and speech information, etc. belonging to the companies in which KODGARAJ is a partner or the partners of KODGARAJ or the companies owned directly or indirectly by them. KODGARAJ accepts, declares and undertakes that such information shall be deemed as confidential information (hereinafter referred to as “Confidential Information”) within the scope of this Agreement. Confidential Information shall be deemed to be Confidential Information even if it is not stated in writing that it is confidential.
12.PROTECTION OF CONFIDENTIAL INFORMATION BY Member/User
KODGARAJ is obliged to disclose confidential information to the MEMBER / USER to the extent required by the service relationship. MEMBER / USER accepts, declares and undertakes that it cannot be held responsible for the incomplete or incorrect confidential information disclosed to it by KODGARAJ. MEMBER / USER this confidential information disclosed to him by KODGARAJ;
- To guard it with the utmost secrecy,
- Not to give and/or publicise to any third party by any means whatsoever,
- Not to use it directly or indirectly outside the purposes of the commercial relationship between them,
- Not to copy or otherwise reproduce confidential information,
- To pay attention to the intellectual property rights of KODGARAJ and to take the utmost care in this regard,
- To comply with the internal rules and policy procedures of KODGARAJ within the scope of Information Security,
- Not to transfer the information obtained to supplier companies, affiliates, business partners and solution partners in competition with KODGARAJ (crmextra.app),
Accept, declare and undertake.
MEMBER/USER accepts, declares and undertakes to show the same care in protecting the confidential information of KODGARAJ as they show in protecting their own confidential information. However, this duty of care of KODGARAJ cannot be below a reasonable level.
13. EXCLUSIVE RIGHT OWNERSHIP
KODGARAJ has the exclusive right to confidential information concerning itself.
14.PRECAUTIONS TO BE TAKEN
In cases where disclosure of any confidential information related to this contract is requested from KODGARAJ by any institution by law, the MEMBER / USER accepts, declares and undertakes that it will immediately and in writing notify KODGARAJ of the letter sent by the institution where disclosure is requested.
If the MEMBER / USER discloses confidential information in violation of the contract, KODGARAJ has the right to apply for all legal remedies and to demand from the MEMBER / USER (without prejudice to the right to demand and collect penal clauses), at the expense of the MEMBER / USER upon this notification.
15. DISCLOSURE OF CONFIDENTIAL INFORMATION
MEMBER/USER cannot transfer this information to third parties, use it in any way or by any means, distribute it, disclose it through press organs and media organisations, use it for advertising purposes, except for the cases clearly stated in the law without the written permission of KODGARAJ.
16.INTELLECTUAL PROPERTY RIGHTS
The owner of the Website named www.crmextra.app is Kodgaraj Yazılım Ticaret A. Ş. The information, writings, images, trademarks, slogans and other signs and other intellectual property rights on this page, as well as the programs for the protection of information on intellectual property rights, page layout and the presentation of this web/app page are the property of KODGARAJ or the organisations licensed by KODGARAJ. Without prior written consent from KODGARAJ, it is forbidden to copy, modify, publish, send, distribute, sell the information on this web page or any database, website, app application, softwarecode related to this page partially or completely, online or by using any other media. Partial copying and printing of the information on this page is only possible for non-commercial personal use.
Any dispute that may arise as a result of accessing or using the www.crmextra.app website is subject to Turkish Law and Istanbul Anatolian Courts are exclusively authorised to resolve disputes. KODGARAJ reserves the right to file a lawsuit in the country where the MEMBER / USER is located.
17. COMPENSATION AND PENAL CLAUSE
The MEMBER / USER accepts, declares and undertakes in advance that he / she will not act contrary to the obligations of this contract and that he / she will be directly responsible for the damages that may arise if he / she acts in such a way, and that he / she will pay ………….-TL / USD to KODGARAJ as a penal clause, regardless of the damages to be incurred, without prejudice to the right to demand and sue for all kinds of material and moral damages.
18.PARTIAL INVALIDITY AND MODIFICATION
If any of the clauses of this contract is deemed invalid or cancelled, this does not affect the validity of the other clauses of the contract.
19. INALIENABILITY
This agreement or any rights and obligations hereunder may not be assigned in whole or in part.
20. TERMINATION OF CONTRACT
This agreement will remain in force until the MEMBER / USER cancels his / her membership or his / her membership is cancelled by KODGARAJ. KODGARAJ may unilaterally terminate the contract by cancelling the membership of the MEMBER / USER in case the MEMBER / USER violates any provision of the membership agreement.
21. APPLICABLE LAW AND COMPETENT COURT
In the interpretation of this contract and in all disputes arising out of this contract, Istanbul Anatolian Courts and Execution Offices are competent and Turkish Law shall apply.
22. NOTIFICATION AND NOTIFICATION
All notifications and notifications drawn pursuant to this contract shall be made to the address of the MEMBER / USER based on the information entered into the system by the MEMBER / USER in accordance with this contract.
If the parties change their addresses, they are obliged to notify the other party of their new addresses within 7 (seven) days. In the event that the parties do not make this notification, they agree that the addresses written in this contract are valid notification addresses in accordance with the provisions of the Notification Law, that the above-mentioned addresses will be used for all kinds of notifications and deliveries, and that a duly made notification will have all legal provisions and consequences.
23.
The MEMBER / USER’s membership registration means that the MEMBER / USER has read all the articles in the contract and accepts all the articles in the contract. This Agreement has been concluded at the time of the MEMBER / USER’s membership and has entered into force mutually.