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Kindertrack - Terms and Conditions

Kindertrack - Terms and Conditions
Kindertrack App Terms and Conditions

Kindertrack App Terms and Conditions

Last Updated: January 10, 2024


Terms of Use

Please read these terms and conditions carefully before using Our Service.


Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.


Definitions

For the purposes of these Terms and Conditions:

  • Application means the software program provided by the Company downloaded by You on any electronic device

  • 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.

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: Turkey

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Fabrikod, Muallimköy Mah. Deniz Cad. No: 143/8 C1 Blok Zemin Kat Alan No: 19 Gebze/Kocaeli .

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Application.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.


    Acknowledgment

    These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

    Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

    By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

    You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

    Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.


    Links to Other Websites

    Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

    The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

    We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.


    Termination

    We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

    Upon termination, Your right to use the Service will cease immediately.


    Limitation of Liability

    Notwithstanding any damages that You might incur, the entire liability of the Company 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 100 USD if You haven't purchased anything through the Service.

    To the maximum extent permitted by applicable law, in no event shall the Company 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 Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

    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.


    "AS IS" and "AS AVAILABLE" Disclaimer

    The Service is 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, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company 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.

    Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, 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 Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

    Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, 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.


    Governing Law

    The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.


    Disputes Resolution

    If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.


    For European Union (EU) Users

    If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.


    United States Legal Compliance

    You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.


    Severability and Waiver

    If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

    Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.


    Translation Interpretation

    These Terms and Conditions may have been translated if We have made them available to You on our Service.

    You agree that the original English text shall prevail in the case of a dispute.



    Our services include the following:
    Free Membership: Through "Free Membership," you can have access to our Services that do not need payment ("Free Services").
    We reserve the right to stop, alter, limit, or terminate the Free Membership at any time for any reason.

    Premium Membership: You can use our Services that demand money ("Paid Services") by purchasing a "Paid Subscription" and becoming a "Premium Member" for a certain length of time or on a recurrent basis.
    Premium Membership can be purchased directly from us or through a third party by paying an advance subscription fee on a monthly, quarterly, semi-annual, annual, or any other recurring interval ("Recurring Subscription Fee") or by purchasing a code, gift card, pre-paid offer, or other offer provided or sold by us or on our behalf ("Code") for access to Paid Services for a specific time period ("Pre-Paid Fee").

    When you acquire a Paid Subscription from a third party, the terms and conditions of that third party may apply to your Paid Subscription, in addition to the provisions of this Member Contract or any other relevant terms and conditions.

    Price Changes:


    The price of a Paid Subscription may be updated at any moment, and you will be notified if the price of a Paid Subscription increases.
    If necessary, we will seek your permission to proceed with the additional pricing.

    In any instance, the price change will take effect at the start of the subscription month that follows the date of the price change.
    If you do not agree with the price adjustment, you may always reject it by unsubscribing from the Paid Subscription within the subscription time.

    Automatically Recurring Subscriptions and How to Cancel Them:

    If you are using the Paid Services through the payment of a Recurring Subscription Fee, the payment shall be renewed automatically at the end of the then-current subscription period, unless you cancel your Paid Subscription before the end of the subscription period by sending your request to [email protected] if you purchased the Paid Subscription through us, or if you purchased the Paid Subscription through a third party, by canceling the Paid Subscription through such third party, such as Google Play Store and Apple App Store. We would like you to know that such cancellation will take effect at the end of the then-current subscription period and you will not be refunded for the subscription period which you have canceled your Paid Subscription within. To avoid any discrepancies, you will not receive a refund for the Subscription Fee you already paid for your current subscription period and you will continue to receive the Paid Services ordered until the end of your current subscription period.

    WE MUST REMIND YOU THAT IF YOU HAVE PURCHASED YOUR PAID SUBSCRIPTION THROUGH A THIRD PARTY, YOU MUST CANCEL DIRECTLY WITH THAT THIRD PARTY, SUCH AS GOOGLE PLAY STORE AND APPLE APP STORE.

    Trials:

    We may sometimes provide free, limited-time trials of Premium Memberships ("Trial Period") to you. Trials and other promotions that grant access to the Paid Services must be used during the designated Trial Period. In order for you to be eligible for any Trial, we or third parties may require you to give your payment information. By providing your payment information, you consent to being charged the specified subscription fee unless the applicable paid subscription is cancelled within the trial period. You can email us at [email protected] to cancel your paid subscription if you obtained your Trial from us after signing up for the Trial on the Website.If you requested the Trial through the Application, you actually obtained your Trial from a third party, either the Google Play Store or the Apple App Store. In that situation, you must use the third party's cancellation and refund policies to end the relevant paid subscription.

    Campaigns, promotions, and special offers:

    Through the Website or the Application, we may occasionally arrange and organize different campaigns and offer specific promotions, such as discounts, gifts, deals, or other offers ("Promotions"). Your participation in such Promotions is subject to the specific terms and conditions of such Promotions, as well as these Terms and any other terms and conditions that may apply, as determined by us. Without giving prior warning, we retain the right to modify or suspend any promotion at any time, both before and while it is still active.

    Refund and Withdrawal Rights

    By using our Services, you agree and acknowledge that our Services are considered "immediately performed services on electronic platform" and that, in accordance with Article 15 of the Regulation on Distance Contracts, which was published in the Official Gazette on November 27, 2014, under the number 29188, you do not have the right to cancel and no payment is to be refunded. Having stated so, the right of withdrawal from the appropriately executed in-application purchases shall be subject to the normal terms and conditions of the App Store or Google Play Store.

    You can only get a refund from Apple for purchases made through the Apple App Store. Apple operates as the distributor and manages all refunds for all purchases made through the Apple App Store. You accept and acknowledge that we cannot issue refunds for Apple App Store purchases. Please visit https://support.apple.com/en-us/HT204084 for additional information on Apple's refund policy.

    For purchases made through the Google Play Store and/or the Website, the Company will review refund claims at its sole discretion if any of the following criteria is met:
    You agree and acknowledge that the refund process for purchases conducted through Google Play Store and/or the Website is merely complimentary, at the Company's sole discretion in each case, and the Company shall make no refunds for 3-month and one-month Premium Subscriptions conducted through Google Play Store and/or the Website.

    Billing

    To receive payments for purchases made via us, we engage a third-party payment processor (the "Payment Processor"). In addition to this Member Contract, the processing of such payments will be governed by the Payment Processor's terms, conditions, and privacy policies. We will not be held responsible for any damages caused by the Payment Processor. By making a purchase through us, you agree to pay us, through the Payment Processor, all charges for any usage of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your selected payment provider ("Payment Method").

    You must provide current, complete, and accurate billing information (such as a change in billing address, credit card number, or credit card expiration date) and must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., due to loss or theft) or if you become aware of a potential security breach, such as unauthorized disclosure or use of your user name or password. Depending on the purchase, such information can be changed at the Apple App Store or Google Play Store security page.

    You agree not to hold us liable for any additional charges incurred by your bank, credit or debit card company. These shall include, without limitation, banking costs, banking charges, and any charges incurred as a result of currency conversions.


    Payments and Renewal

    * Payment will be charged to iTunes Account at confirmation of purchase. Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.
    * Account will be charged for renewal within 24-hours prior to the end of the current period.
    * You can manage or turn off auto-renew in your Account settings at any time after purchase
    * No cancellation of the current subscription is allowed during the active period.

    Changes to These Terms and Conditions

    We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. 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 or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.


    Contact Us

    If you have any questions about these Terms and Conditions, You can contact us: