Distance Sales Policy

DISTANCE SALES AGGREMENT

(“AGREEMENT”)

1. PARTIES

SELLER
Name	INTERNATIVE YAZILIM A.Ş (Direct/Indirect Connected Companies)
MERSİS No
Address	Merdivenköy Mah. Yumurtacı Abdibey Cad. Dikyol Sok. Business İstanbul No:2 B Blok Kat:14 D: 141/142 KADIKOY /ISTANBUL
Phone
Fax
E-mail
Bank Account Information

 

BUYER
Name
Address
Phone
Fax
E-mail
Bank Account Information

 

The SELLER and the BUYER may be referred to individually as "Party" and together as "Parties".

Unless the BUYER provides a written notice to the SELLER indicating otherwise, the user and account information that the BUYER has registered within all sites affiliated and/or connected to use worktivity.com (hereinafter referred to as "WORKTIVITY" or "SITE") will be considered accurate and truthful, and will be considered as BUYER's information within the scope of this provision.

2. SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this Agreement is to regulate the rights and obligations of the Parties regarding the product/service (hereinafter referred to as "Product/Service") that the BUYER has purchased or intends to purchase from the SELLER within the scope of the service provided by the BUYER to the SELLER through WORKTIVITY.

 

 

 

 

3. PRODUCT/SERVICE SUBJECT TO THE AGREEMENT AND PRICES

   1. The BUYER acknowledges that they will benefit from the Product/Service(s) listed below according to the type(s) of Product/Service they have chosen by viewing them on the SITE within the scope of this Agreement.

 

1. 2. The prices and campaigns displayed on the SITE are sales prices and campaigns announced, and the amounts of these price and campaign, as well as the content, scope, purpose of use, service limit, quality and numbers of the Product/Service may be updated, changed and renewed by the SELLER through additions, subtractions, modifications and updates. In this regard, the BUYER, within the scope of the electronic approval given to this Agreement, hereby accepts, declares and undertakes that they unconditionally and irrevocably accept any additions, subtractions, modifications, renewals and updates to the content, quality, number and prices of the Product/Service that may be made by the SELLER without any objections. The right to terminate and discontinue the campaigns organized by the SELLER shall always belong to the SELLER.

 

4. PAYMENT AND INVOICE

   1. After selecting the type and scope of the Product/Service that they wish to purchase on the SITE, and after BUYER electronically approves this Agreement on the SITE, the entire price and expenses of the Product/Service(s) purchased by BUYER will be collected by the payment method defined on the payment screen belonging to the SITE, which is selected by BUYER.

 

1. 2. The installment payments made by the BUYER using their credit card, installment card, debit card, or other bank-provided means, after the SELLER has fully collected the payment, cannot be considered as installment sales and will be accepted as cash sales independently of the SELLER. In any case, all rights arising from installment sales cases within the scope of Turkish Law and Regulations and all rights regarding default as regulated in this Agreement are reserved by the SELLER.

 

As the sales made under this Agreement are/will be made as cash sales (subject to the provisions set forth in Article 4.2), if the Buyer fails to pay the Product/Service price to the SELLER at the time of sale or within 1 (one) business day at the latest, without the need for any written or verbal notice, warning, or notification, the Buyer will be deemed to have defaulted immediately, and in this case, the full amount of payment that the Buyer has undertaken to make under this Agreement will become due and payable. In the event of the Buyer's default, the SELLER has the right to refrain from providing the Product/Service(s) until payment is made to the Buyer, to charge default interest on the total sale price for each calendar day that payment is not made, and to demand it from the Buyer and/or to delete, destroy or terminate the Buyer's account entirely if payment is not received within 60 (sixty) calender days, without any obligation to pay any fee, provide any notice or warning. The exercise of one right shall not preclude the exercise of any other right.

 

1. 3. The invoice information regarding the purchased Product/Service by the BUYER is listed below. (If the information is defined by the BUYER via the SITE, the information on the SITE will be used as the invoice information.)

BUYER
Name
Address
Phone
E-mail

 

5. PRE-INFORMATION

   1. The BUYER acknowledges that, after electronically approving this Agreement on the website before assuming any payment obligation, he/she will have freely accepted all the rights, obligations, provisions, and explanations stated in this Agreement with his/her own free will.

 

1. 2. Before accepting this Agreement electronically and assuming payment obligations, the BUYER acknowledges that they have reviewed all information, explanations, and terms regarding the purchased Product(s)/Service(s), all pages of this Agreement, and all relevant sections of the WEBSITE. In particular, the BUYER is responsible for reviewing:

 

1. The qualities, contents, scope, purpose of use, service limits, quantities, and prices of the Products/Services subject to this Agreement in accordance with Article 3 of this Agreement and the information on the SITE,

2. Contact information for the SELLER, including the trade name and MERSIS number in accordance with Article 1 of this Agreement, the SELLER's address, and telephone number,

3. The total price of the Product/Service, including all taxes,

4. The relevant contact information for the SELLER to whom complaints can be made (as defined in Article 1 of this Agreement),

5. The right of withdrawal, the conditions, period, and procedures for exercising this right,

6. The open address, fax number, and/or email information where the notice of withdrawal will be made (as defined in Article 1 of this Agreement),

7. Information regarding situations where the right of withdrawal cannot be exercised or where the right of withdrawal will be lost under what conditions,

8. Information about the ability to apply to the Consumer Court or Consumer Arbitration Board under Turkish Law regarding disputes is provided under Article 9 of this Agreement,

The BUYER acknowledges, declares, and undertakes that they have examined, read, evaluated, and been informed in detail by the SELLER regarding the terms of this Agreement before electronically approving it on the SITE and that they have accepted all the rights, obligations, provisions, and explanations specified in this Agreement with their free will, without any doubts, clearly, entirely, and by fully comprehending and reading it.

 

1. 3. The BUYER will be able to use the purchased Product/Service through the interface opened with the user account created on the SITE.

 

1. 4. If the BUYER is a legal entity, it acknowledges that it does not have consumer status for the Product/Service(s) it has purchased or will purchase for commercial or professional purposes, and therefore it will not be entitled to any consumer rights defined in Turkish Law, particularly the Right of Withdrawal regulated in Article 14 of this Agreement, and other consumer rights defined in the Law on the Protection of Consumers in force.

 

1. 5. This Agreement, following the electronic approval of the BUYER, will be kept by the SELLER for a period of 1 (one) years, and the BUYER may request that a copy of this Agreement be sent to them via e-mail during the said 1 (one) year period.

 

6. MISCELLANEOUS PROVISIONS

   1. In order for the Product/Service(s) subject to this Agreement to be used by the BUYER and to be identified in the name of the BUYER, it is necessary for the BUYER to have paid the Product/Service fee to the SELLER in full, completely, properly and in the manner specified in this Agreement. Failure to make payment, cancellation by banks, financial institutions and/or other payment intermediaries, or partial payment will entitle the SELLER to exercise its rights regarding default under the Agreement, and the right to terminate or suspend this Agreement without notice or payment of any compensation, and the right to delete or destroy the BUYER's account if payment is not received within 60 (sixty) calender days.

 

1. 2. If the bank, financial institution or any other payment intermediary used by the BUYER detects suspicious activity or receives a report of theft or danger, security vulnerability or any illegal activity related to the credit card, debit card or any other payment method used by the BUYER and as a result blocks the payment, preventing the SELLER from collecting the payment due under the Contract, the BUYER shall be obliged to make the payment through another payment method and instrument to be determined by the SELLER within 5 (five) calendar days at the latest. Otherwise, the SELLER may resort to legal action and apply the provisions regarding default set forth in this Contract.

 

1. 3. The BUYER can submit all requests, suggestions, and questions to the SELLER in writing via the contact information specified by the SELLER in the "Communication" section on the SITE or through the "https://api.whatsapp.com/" section located within the SITE.

 

1. 4. The SELLER has already declared to the BUYER that the Product(s)/Service(s) comply with the conditions specified in this Agreement and on the SITE, in accordance with this Agreement.

 

1. 5. The SELLER has already acknowledged, accepted, and committed that SELLER has the right to communicate with them through e-mail, SMS, phone calls, letters, faxes, and other means for purposes of communication, marketing, notification, confirmation, approval, and any other purpose via the account and contact information defined by SELLER within the scope of this Agreement or on the SITE, without any objection.

 

1. 6. The BUYER acknowledges, declares, and undertakes that all personal data and other information of special and general nature shared within the scope of this Agreement and the SITE are accurate and up-to-date. Otherwise, the BUYER is obliged to immediately and in cash compensate all damages incurred by the SELLER due to the inaccuracy of this information upon the first notification of the SELLER. The SELLER's right to resort to legal means and recourse is always reserved.

 

1. 7. SELLER may update, remove, modify or add new provisions to the terms and conditions included in this Agreement at any time, in line with their needs, without requiring any permission or approval from the BUYER.

 

7. RIGHT OF WITHDRAWAL

   1. The BUYER has the right to withdraw from this Agreement within 14 (fourteen) calendar days from the date of electronically approving and thus signing this Agreement, without any justification and without paying any penalty, by sending a written notice to the SELLER via the SELLER's contact information.

 

1. 2. If exercised in accordance with the written form and time limit, the right of withdrawal by the BUYER obligates the SELLER to refund the amount paid by the BUYER, if any. The BUYER knows that the amount to be refunded will be offset by the amount paid for the Product/Service(s) used until the exercise of the right of withdrawal. All payments made by the BUYER to the SELLER regarding the Product/Service(s) will be refunded to the payment method used by the BUYER at the time of purchase, without imposing any expense or obligation on the BUYER, in a single payment. In purchases made using credit/account/bank, if the right of withdrawal is exercised in accordance with the procedure, the product price will be refunded to the account associated with the credit/account/bank. The SELLER reserves the right to offset, discount, and reduce the amount to be refunded in accordance with the Turkish Law and Regulations related to this Agreement.

 

1. 3. If the BUYER approves this Agreement electronically, they pre-accept, declare, and undertake that they have been informed about the right of withdrawal.

 

8. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

   1. If the performance and use of the Product/Service(s) purchased by the BUYER under this Agreement have started within the withdrawal period or immediately after, or if they have been defined in the name of the BUYER within the withdrawal period or immediately after, according to the nature of the Product/Service(s), the BUYER cannot exercise their right of withdrawal.

 

1. 2. In this case, if the BUYER cancels this Agreement despite having an annual subscription, they will be able to continue using the Product/Service(s) for a period of 3 (three) months, but the fee for this 3-month usage will not be refunded. Only the refund for the 9 (nine) months of the subscription from which they withdrew by canceling this Agreement will be made.

 

1. 3. The situations where the BUYER cannot use the right of withdrawal are listed below. Accordingly, within the scope of this Agreement;

 

1. Goods or services, the price of which depends on fluctuations in financial markets and which are not under the control of the SELLER,

2. Goods prepared in accordance with the wishes or personal needs of the BUYER,

3. Books, digital content and computer consumables presented in material form if the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods,

4. Electronic services performed instantly or non-material goods delivered to the consumer instantly,

5. The consumer does not have the right to use the right of withdrawal for the services that have started to be performed with his/her approval before the end of the withdrawal period.

 

9. PROVISIONS REGARDING CONFIDENTIALITY, SECURITY, PERSONAL DATA AND INTELLECTUAL PROPERTY RIGHTS

   1. SELLER takes all necessary security measures within the technical possibilities of today, depending on the information and transaction type, to ensure the security of all information shared by the BUYER within the scope of this Agreement or on the WEBSITE with the SELLER.

 

1. 2. As all information shared between the BUYER and the SELLER is shared through electronic devices belonging to the BUYER, it is the responsibility of the BUYER to take security measures against all kinds of harmful applications, including viruses and spyware, to store and protect the said information from being obtained by unauthorized persons.

 

1. 3. The BUYER hereby acknowledges, declares, and undertakes that they will be solely responsible for all obligations, terms, and requirements imposed on the Data Processor and Data Controller and all aspects related to the security, protection, transfer, and use of all kinds of personal data and other information, of a private and general nature, collected, stored, preserved, used, and obtained related to the Relevant Persons through the use of the Products and/or Services provided by the SELLER, and that they will not hold the SELLER responsible, liable, or at fault for any reason whatsoever. Accordingly, the BUYER hereby acknowledges, declares, and undertakes that they will be solely responsible as a party for all lawsuits, compensation claims, complaints and requests, execution proceedings, and in any case, for all legal, administrative, and criminal proceedings, inspections, and audits related to any violations, faults, negligence, and breaches under this clause by the Relevant Persons, and accepts and declares in advance that they will not be able to seek recourse from the SELLER.

 

1. 4. The personal data and information shared by the BUYER with the SELLER may be recorded indefinitely or for a specified period by the SELLER and its business/solution partners, consultants, or subsidiaries for the purposes of providing better, high-quality, and high-standard services to the BUYER, ensuring the accuracy, effectiveness, and proper functioning of the provided services, ensuring the continuity and sustainability of the services, conducting necessary studies to improve and develop the aforementioned services, enabling the continuity of operational activities, continuing sales and marketing processes, statistical studies, and market research, conducting necessary information and promotion activities, and providing electronic and other commercial-social communications for the purposes of advertising, promotion, card, and membership applications. The recorded data may be stored in printed/magnetic/electronic media, updated, shared, transferred, used, and processed in other ways.

 

1. 5. If requested in written form by the BUYER, the SELLER shall preserve and store all kinds of information, including confidential information obtained or shared with it, and all kinds of data, including personal data, within the scope of this Agreement, in compliance with relevant Turkish laws and regulations, or return, destroy, delete, transfer, dispose of or anonymize them without making any copies.

 

1. 6. The BUYER acknowledges that all intellectual, industrial, copyright, property, proprietary, usage, rental, processing, representation, modification, adaptation, reproduction, copying, publication, dissemination, distribution, sharing, lending, revision, display, transfer, licensing, registration, identification, prevention of modification, and other related financial and moral rights and authorities regarding the entirety and parts of all kinds of products, services, works, updates, writings, trials, drafts, texts, and others on the SITE, and all kinds of revisions, including general or special revisions, as well as the authority to make public, and all usage and disposal authorities over all kinds of intellectual, industrial, copyright, property, financial and moral rights, including their entirety, are solely and always owned by the SELLER, without limitation to the aforementioned, and the SELLER has only granted the BUYER the right to use within the limits defined by this Agreement and within the scope of the SITE.

 

10.  FORCE MAJEURE

Force Majeure is defined according to its legal definition, as natural, administrative, and social events. The Party who cannot perform the obligation based on an unforeseeable and irresistible event, which must occur without any fault, error or negligence on its part, is required to be unable to fulfill its contractual obligations and liabilities due to Force Majeure. In the event of Force Majeure, the affected Party shall [i] immediately notify the other Party, [ii] make every effort to eliminate the impediment preventing performance, [iii] resume all transactions immediately or continue from where they left off once the impediment has been removed, and furthermore, the other Party shall also be exempt from its contractual obligations until the impediment is removed. In the event that the Force Majeure situation lasts longer than 2 (two) weeks, each Party shall have the right to terminate the Agreement.

 

11. EVIDENCE AGREEMENT

The Parties agree that in any dispute arising from this Agreement, all records kept by the SELLER in print/magnetic/electronic format, commercial registers, e-mail correspondences, messages, technical and software data and all other transactions will be conclusive evidence within the scope of procedural laws, and they acknowledge and declare that objections to these records cannot be made for any reason and that their content is valid and accurate.

 

12.  NOTIFICATION

The Parties acknowledge and undertake that the addresses specified in this Agreement (or on the WEBSITE for the BUYER, if the BUYER's contact information is defined within the scope of the WEBSITE) are valid notification addresses, and that notifications to these addresses will be deemed valid under the Notification Law, unless the other party has notified in writing of any address changes at least 7 (seven) days in advance. They accept and undertake that a complete and valid notification will have legal consequences.

 

13.  ASSIGNMENT AND TRANSFER

The parties shall not assign or transfer their rights and obligations under this Agreement to third parties without the written consent of the other party.

 

14.  AUTHORİZED LAW

In case of a possible dispute between the parties, first and foremost, an amicable solution will be sought through friendly methods. If this cannot be achieved, the applicable law for the resolution of the dispute is the Turkish Republic Law and legislation, which is the law of the place where the work will be carried out, and the Turkish Courts and Enforcement Offices (Istanbul Anatolian Courts and Enforcement Offices) are authorized.

 

15. Each provision of this Agreement is separately and collectively valid and effective, and the cancellation of any provision of the Agreement for any reason does not invalidate the other provisions. An approximate provision that carries the closest meaning will be applied in place of the cancelled provision.

 

16. This Agreement becomes valid and effective with each page and provision, after it is read in full by the BUYER and signed by approval in electronic form.

 

                     SELLER                                                                                     BUYER

       INTERNATIVE YAZILIM A.Ş