Article 1 - Introduction
1.1. This user agreement and the other rules on the KREMBİ Mobile Application and website are in agreement with KREMBİ BİLİŞİM VE TEKNOLOJİ A.Ş. It regulates the terms and conditions regarding the services offered by “KREMBI” and the rules regarding the use of the mobile application and website (“Agreement”).
1.2. KREMBI operates an online electronic commerce environment through its mobile application and website as an Intermediary Service Provider within the scope of the Law No. 6563 on the Regulation of Electronic Commerce. Here again, within the scope of the relevant legislation, KREMBI provides an electronic commerce environment for the economic and commercial activities of others. KREMBI is a marketplace platform where users can access digital services that are allowed to be sold by legislation. KREMBI is not a seller of any product or service on the mobile application and website.
1.3. It is deemed that the user undertakes to comply with this Agreement from the moment he/she approves this Agreement or starts to benefit from the Mobile Application and Website while creating Appointment and Call requests through the mobile application and website. If the terms of the contract are not suitable for you, do not use the services offered on the Mobile Application and Website.
Article 2 - Definitions
Within the text of this Agreement;
2.1. 'Agreement' means the binding legal final agreement between the parties that arose upon the approval of the Service Providers of the service purchase requests made by the Service Provider within the fees and conditions determined by the Service Providers regarding the services specified on the Mobile Application and Website,
2.2. “Tip” means the amount voluntarily paid by the Service User to the Service Provider in addition to the Service Fee,
2.3. “Notification” means any information sent to Users by KREMBI via SMS, push notification, e-mail,
2.4. The 'Call' must be determined via the Mobile Application or Website regarding the place, day and time of the Service, agreed upon by the Service User and the Service Provider, to be offered at the place determined by the Service User,
2.5. If “Direct Payment” is offered as a payment method by Service Providers; Payment of the Service Fee to the Service Provider in cash or by credit card, debit card, other payment methods that support online payment provided by banks, other than the Online Payment System on the Mobile Application and Website,
2.6. 'Direct Payment Screen', to be submitted to the Service User's approval, in case of a Direct Payment for the Service provided by the Service Provider; Payment screen containing information about Direct Payment, which must be accepted through the Mobile Application and Website,
2.7. The 'External Service' Service Provider provides a service to the Service User other than the Agreement created on the Mobile Application and Website,
2.8. 'Call Now' is the Service User's request for the Service Provider to come to the place specified in the Reservation immediately, without intervening a period exceeding a reasonable time for the provision of the Service,
2.9. “Service” means the service to be provided by the Service Provider to the Service User under the conditions set forth on the Mobile Application and Website and within the scope of this Agreement,
2.10. “Service User” means a real or legal person user who receives any service offered by the Service Providers through the Mobile Application and Website in return for a fee,
2.11. “Service Provider” Real or legal person who creates a Service Provider Profile on the Mobile Application and Website and accepts the terms in the Service Provider Agreement to provide Services,
2.12. “Service Provider Profile” is the profile created by the Service Provider to provide the Service User with information about himself, to promote the Service he may offer, and to respond to the Service Request submitted by the Service Users,
2.13. 'Service Request' is the Service User's request directed by the Service User to the relevant Service Provider regarding the Services determined through the Mobile Application and Website,
2.14. “Service Fee” means the price to be paid by the Service User to the Service Provider for each Service offered by the Service Provider,
2.15. 'Service Provider Agreement' is the contract that is a condition for activating the Service Provider Profile and contains additional provisions in addition to the User Agreement concluded between KREMBI and the Service Provider,
2.16. 'Forward Date Reservation' means the Reservation made for at least 24 hours later,
2.17. “Cancellation Procedure” means the process to be operated by the Service Provider or Service User in case the Agreement is canceled,
2.18. “Acceptance” means the approval given by the Service Provider through the Mobile Application and Website regarding the Service Request sent by the Service User through the Mobile Application and Website,
2.19. “Law” is the Law on the Regulation of Electronic Commerce dated 23/10/2014 and numbered 6563,
2.20. “Commission” means the % fee determined over the Service Fee to be earned by KREMBI in case the Service Fee is collected from the Service User,
2.21. “User” means any person who creates a user account on the Mobile Application and Website for any reason.
2.22. “Mobile Application” IOS / Android based KREMBI mobile application,
2.23. “Online Payment System” means the fee for the Service that the Service User (Service User) will receive through the Mobile Application and Website, and the commission fees that the Service Provider is liable to pay to KREMBI, KREMBI or the payment institutions with which KREMBI cooperates. The system that provides collection from the Service User by credit card, debit card, other payment methods that support online payment provided by banks, under the terms and conditions set forth in this Agreement,
2.24. “Provision” means the pre-approval process carried out through the Bank to confirm your transaction, to check the pos device used for the transaction, that is, the place of withdrawal, and to verify the amount of money, whether it is equivalent or not,
2.25. “Reservation” means the Agreement reached regarding the Appointment or Call to the Salon service types,
2.26. “Reservation System”, the system covering the Service Request and acceptance on the Mobile Application and Website,
2.27. 'Appointment to the Salon' The place, day and time of the Service, agreed upon by the Service Provider and the Service Provider, to be offered at the workplace of the Service Provider, must be determined via the Mobile Application or Website,
2.28. “Agreement” means this user agreement,
2.29. “Website” means the website located at www.krembi.com,
2.30. “Regulation” is the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce, published in the Official Gazette dated 26 August 2015 and numbered 29457.
2.31. 'I'm On My Way', the Service Provider starts to travel to the place determined in the Agreement regarding the Service to be provided in the Call,
Madde 3 - Kullanıcı
3.1. Kullanıcı kaydının oluşturulması ücretsizdir. Kullanıcı tarafından gerekli kimlik bilgilerinin Mobil Uygulama ve Web Sitesi’ne girilmesi akabinde cep telefonuna SMS ile gelen doğrulama kodunun Mobil Uygulama ve Web Sitesi’ne girilmesi ile kullanıcı kayıt işlemi tamamlanır. Mobil Uygulama ve Web Sitesi üzerindeki kayıt işlemini tamamlayan herkesin, Kullanıcı olduğu kabul edilir. İşbu Sözleşme, tüm kullanıcılar için kullanıcı kayıt işleminin tamamlanması anında (SMS ile gelen kodun Mobil Uygulama ve Web Sitesi’ne girilmesi) yürürlüğe girer.
3.2. Kullanıcı, başvuru esnasında verdiği tüm bilgilerin daima ve her bakımdan eksiksiz, gerçeğe uygun ve güncel olduğunu kabul eder. Kullanıcı, her zaman kişisel bilgilerini Mobil Uygulama ve Web Sitesi aracılığıyla güncelleyebilir. KREMBİ, söz konusu bilgilerin doğruluğunu ve güncelliğini kontrol etmekle yükümlü değildir. Söz konusu bilgilerin yanlış veya eksik olması nedeniyle Kullanıcılar’ın veya 3. kişilerin uğrayacağı zararlardan sorumluluk ilgili Kullanıcı’ya aittir.
Madde 4 - Hizmet Sağlayıcı Profili Oluşturma
4.1. En az 18 yaşında olan ve temyiz kudretini haiz herhangi bir Kullanıcı kayıt formunda talep edilen bilgileri doğru ve eksiksiz olarak doldurarak işbu Kullanıcı Sözleşmesi koşullarını onayladıktan sonra kabul edilen koşul ve içeriğe uygun bir Hizmet Sağlayıcı Profili oluşturup Hizmet Sağlayıcı sıfatı kazanabilir.
4.2. Hizmet Sağlayıcı Profili oluşturmak için Mobil Uygulama ve Web Sitesi üzerinde yer alan forma girilecek isim, soy isim, T.C. Kimlik Numarası, marka, unvan, iletişim bilgisi, vergi dairesi, vergi numarası gibi kayıt anında istenen bilgiler eksiksiz ve açık olarak verilmelidir. Hizmet Sağlayıcı Profili ile ilgili hizmetleri vermek için gerekli izne, ruhsata, lisansa (varsa) ve nitelik, deneyim ve kabiliyete sahip olduğunu kanıtlayacak ek belge, ehliyet, diploma, yetki belgesi, ticaret sicil belgesi, oda kaydı gibi evrakın ve referansların da girişi yapılmalıdır. Bu bilgilerin doğruluğunun teyit edilmesinden KREMBİ sorumlu değildir. KREMBİ, gerekmesi halinde Hizmet Sağlayıcı’dan daha fazla bilgi ve belge talep edebilir. KREMBİ’nin istediği ilave bilgi ve belgelerin temin edilmemesi halinde; KREMBİ’nin Hizmet Sağlayıcı Profili’nin açmama hakkı saklıdır.
4.3. Hizmet Sağlayıcı Profili’nin oluşturulmasından Hizmet Sağlayıcı Profilinin aktif olabilmesi ve Hizmet sunumuna başlanılabilmesi için KREMBİ ile Hizmet Sağlayıcı arasında ilave hükümler içeren ek sözleşme (“Hizmet Sağlayıcı Sözleşmesi”) ıslak imzalı şekilde akdedilecektir. İşbu Sözleşme ile Hizmet Sağlayıcı Sözleşmesi hükümleri arasında bir uyuşmazlık bulunması durumunda Hizmet Sağlayıcı Sözleşmesi hükümleri geçerli olacaktır.
4.4. Hizmet Sağlayıcı Taraf
Yönetmelik Madde 5/4 gereği,
4.4.1. KREMBİ üzerinden hizmet sunumu yapan ve tacir veya esnaf olan hizmet sağlayıcı, şu bilgileri eksiksiz olarak bulundurmak zorundadır: (i) Ticaret unvanı, işletme adı veya tescilli marka adı bilgilerinden en az biri. (ii) Tebligata elverişli KEP adresi. (iii) Esnaflar için vergi kimlik numarası, tacirler için MERSİS numarası. (iv) Merkez adresi ve onaylanmış telefon numarasının aracı hizmet sağlayıcıda bulunduğuna ilişkin bilgi.
4.4.2. KREMBİ üzerinden hizmet satışı yapan ve tacir veya esnaf olmayan Hizmet Sağlayıcı, şu bilgileri eksiksiz olarak bulundurmak zorundadır: (i) Adı ve soyadı (ii) T.C. Kimlik Numarası (iii) Merkez / ikametgah adresi (iv) Kendisine ait olduğu onaylanmış telefon numarası,
4.5. KREMBİ, Hizmet Sağlayıcı’nın profil bilgilerinin başka sitelerde, arama motorlarında ve KREMBİ ilan ve reklamlarında görüntülenebilmesi için üçüncü kişilerle anlaşma yapabilir. Hizmet Sağlayıcı, bu konuda KREMBİ’ye herhangi bir bedel talep etmeksizin yetki verdiğini gayri kabili rücu beyan ve kabul etmektedir.
Madde 5 - Hizmet Sağlayıcı’nın Yükümlülükleri
5.1. Hizmet Sağlayıcı ile ilgili şartlar ve Hizmet Sağlayıcı’nın yükümlülükleri, işbu Sözleşme’de detaylı bir şekilde belirtilmektedir. Hizmet sonucunda vermesi gereken evrak, fatura, fiş dahil ancak bunlarla sınırlı olmaksızın kanuni mevzuat dahilinde sair tüm evrakı da hizmetin ifası ile birlikte Hizmet Alan’a iletmek Hizmet Sağlayıcı’nın sorumluluğundadır. KREMBİ’nin söz konusu belgelerin teminine ilişkin olarak herhangi bir sorumluluğu bulunmamaktadır.
5.2. 24 Aralık 2015 tarihli ve 29572 sayılı Resmî Gazete’de yayımlanan Vergi Usul Kanunu Genel Tebliği’ne (Sıra No: 464) göre Aracı Hizmet Sağlayıcı olan KREMBİ; 01.07.2016 tarihinden itibaren takvim yılının birer aylık süreleri içerisinde gerçekleşen işlemlere ilişkin olarak; (i) Aracılık hizmetinin sağlandığı internet adres veya adreslerini, (ii) Aracılık hizmeti verilen gerçek ya da tüzel kişilere ait ad soyad/unvan, TCKN/VKN bilgileri ile işyeri adres bilgilerini, (iii) Aracılık hizmeti verilenler adına gerçekleştirilen mal ve hizmet satış/kiralama işlemlerine ilişkin her bir tahsilat tutarı ve tarihini, Gelirler İdaresi Başkanlığı’nın BTRANS sistemi aracılığıyla elektronik ortamda iletmekle mükelleftir.
5.3. KREMBİ tarafından bazı hizmetler ve Hizmet Sağlayıcılar özelinde genel çalışma koşullarına ilave çalışma koşulları belirlenebilir. Bu tür ilave hükümler, geçerli hizmetlerle bağlantılı olarak Hizmet Sağlayıcı’ya bildirilecektir. İlave hükümler, geçerli hizmetlerin kullanım amaçları doğrultusunda İşbu Sözleşme’ye ek olarak ve işbu Sözleşme’nin parçası olarak kabul edilecektir. İşbu Sözleşme hükümleri ile ilave hükümler arasında bir uyuşmazlık bulunması durumunda ilave hükümler geçerli olacaktır.
5.4. Hizmet Sağlayıcı, Mobil Uygulama ve Web Sitesi kapsamında sunacağı hizmetlerde KREMBİ’nin iş akışına, yürürlükte bulunan mevzuat hükümlerine uyacağını kabul beyan ve taahhüt eder. Bu kapsamda Hizmet Sağlayıcı, Kanun ile ilgili yönetmeliklere uygun davranacağını ve varsa çalışanlarının ilgili mevzuattan kaynaklanan tüm hak ve yükümlülüklerin muhatabının bizzat kendisi olacağını ve Hizmet Alan’ın taleplerini ve uğrayacağı zarar ve ziyanı karşılayacağını, ilgili mevzuat uyarınca Mobil Uygulama ve Web Sitesi’nde yapılacak geliştirmelere ve kurallara uygun davranacağını; KREMBİ aracılığı ile verilecek hizmetlere ilişkin olarak her türlü vergisel yükümlülüklerini eksiksiz olarak yerine getireceğini; yürürlükte olan veya yürürlüğe girecek yasal düzenlemelere ve mevzuata uygun davranacağını; işbu Sözleşme (ekleri ve ilave hükümler dahil) ve/veya herhangi bir mevzuat hükmünü ihlal ettiğinin tespiti halinde KREMBİ tarafından kendisinden talep edilen bilgi/belgeleri derhal ulaştırmak ve gerekli tedbirleri alacağını; Hizmet Alanlar ile KREMBİ kapsamında gerçekleşen hizmetler haricinde hiçbir şekilde temas kurmayacağını kabul, beyan ve taahhüt eder.
5.5. Hizmet Sağlayıcı, işbu Sözleşme ile, Hizmet Alan ile etkileşime geçtiği ilk andan itibaren ve herhangi bir süre sınırlaması olmaksızın sonraki dönemlerde; başta 6698 Kişisel Verilerin Korunması Kanunu (“KVKK”) olmak üzere yürürlükteki tüm kişisel veri koruma mevzuatına uygun hareket etmekle yükümlüdür.
5.6. Hizmet Sağlayıcı, işbu Sözleşme’de sayılan yükümlülüklere uymadığı takdirde, KREMBİ’nin Hizmet Sağlayıcı hakkında disiplin tedbiri uygulama, yükümlülüklere aykırı davranışından doğan zararların tazminini isteme, KREMBİ ile arasında düzenlenmiş Sözleşme’nin herhangi bir tazminat ödeme yükümlülüğü olmaksızın derhal ve tek taraflı feshetme hakkı saklıdır.
5.7. Hizmet Sağlayıcı, KREMBİ’nin yazılı onayı olmaksızın işbu Sözleşme’yi veya işbu Sözleşme’den kaynaklanan haklarını kısmen veya tamamen herhangi bir üçüncü kişiye devretmeyeceğini kabul ve taahhüt eder.
5.8. Hizmet Sağlayıcı, işbu Sözleşme kapsamında KREMBİ’nin ticari itibarını zedeleyici her türlü eylemden kaçınacağını kabul ve taahhüt eder. Bu hükme aykırılık halinde; Hizmet Sağlayıcı, KREMBİ’nin belirteceği zararı, herhangi bir mahkeme kararına ihtiyaç duyulmaksızın ilk talep anında tazmin edeceğini kabul ve taahhüt eder.
5.9. Hizmet Sağlayıcı, hijyen kurallarına dikkat etmek, malzeme ve araçlarını temiz tutmak, kişisel bakıma ve temizliğe özen göstermek, sağlıkla ilgili her türlü tedbir ve önlemi almak, gerektiğinde bu nedenlerle hizmet sunmaktan kaçınmak, Hizmet Alan’lara nazik ve anlayışlı davranmak hususlarında gerekli her türlü özeni göstermekle yükümlü olup, herhangi bir ihlal halinde Hizmet Alan ve/veya KREMBİ’nin uğradığı zararlardan ferileri ile birlikte sorumlu olacak ve ilk talep anında tazmin edecektir.
5.10. Hizmet Sağlayıcı, KREMBİ’nin sunduğu Rezervasyon Sistemi üzerinden yaptığı her türlü iş ve işlemin sorumluluğunun kendisine ait olduğunu, burada gerçekleştirilen iş ve işlemleri kendisinin gerçekleştirmediği yolunda herhangi bir def’i veya itiraz ileri süremeyeceğini veya bu defi veya itiraza dayanarak yükümlülüklerini yerine getirmekten kaçınmayacağını kabul, beyan ve taahhüt eder.
Article 3 - User
3.1. User registration is free to create. User registration is completed by entering the required identity information on the Mobile Application and Website, and then entering the verification code sent to the mobile phone via SMS to the Mobile Application and Website. Anyone who completes the registration process on the Mobile Application and Website is deemed to be a User. This Agreement enters into force for all users at the time of completion of the user registration process (entering the code sent via SMS into the Mobile Application and Website).
3.2. The user accepts that all information provided during the application is always and in all respects complete, truthful and up-to-date. The user can always update their personal information via the Mobile Application and Website. KREMBI is not obliged to check the accuracy and up-to-dateness of such information. Responsibility for damages incurred by Users or third parties due to inaccurate or incomplete information in question belongs to the relevant User.
Article 4 - Creating a Service Provider Profile
4.1. Any User, who is at least 18 years old and has the power to appeal, can create a Service Provider Profile in accordance with the accepted terms and content, and gain the title of Service Provider, after confirming the terms of this User Agreement by filling out the information requested in the registration form accurately and completely.
4.2. In order to create a Service Provider Profile, the name, surname, T.C. to be entered in the form on the Mobile Application and Website. Information requested at the time of registration such as Identity Number, brand, title, contact information, tax office, tax number should be given completely and clearly. In order to provide services related to the Service Provider Profile, additional documents, licenses, diplomas, authorization certificates, trade registry documents, chamber registrations and references must be entered to prove that they have the necessary permit, license, license (if any) and qualifications, experience and ability. KREMBI is not responsible for confirming the accuracy of this information. KREMBI may request more information and documents from the Service Provider if necessary. If additional information and documents requested by KREMBI are not provided; KREMBI reserves the right not to open the Service Provider Profile.
4.3. In order for the Service Provider Profile to be active after the Service Provider Profile is created and for the Service to be started, an additional contract with additional provisions (“Service Provider Agreement”) will be signed between KREMBI and the Service Provider. In case of any conflict between this Agreement and the provisions of the Service Provider Agreement, the provisions of the Service Provider Agreement shall prevail.
4.4. Service Provider Party
Pursuant to Article 5/4 of the Regulation,
4.4.1. The service provider, who is a trader or tradesman and providing services through KREMBI, must have the following information in full: (i) At least one of the trade name, business name or registered brand name information. (ii) KEP address available for notification. (iii) Tax identification number for tradesmen, MERSIS number for traders. (iv) Information that the central address and approved telephone number are available at the intermediary service provider.
4.4.2. The Service Provider, who sells services through KREMBI and is not a trader or a tradesman, must have the following information in full: (i) Name and surname (ii) T.C. Identification Number (iii) Headquarters / domicile address (iv) Confirmed phone number belonging to him,
4.5. KREMBI may make an agreement with third parties so that the profile information of the Service Provider can be displayed on other sites, search engines and KREMBI advertisements and advertisements. The Service Provider irrevocably declares and accepts that it has authorized KREMBI in this regard without any charge.
Article 5 - Obligations of the Service Provider
5.1. The terms of the Service Provider and the obligations of the Service Provider are specified in this Agreement in detail. It is the Service Provider's responsibility to forward all other documents, including but not limited to the documents, invoices, receipts, which are required to be submitted as a result of the service, within the scope of the legal legislation, to the Service User, together with the performance of the service. KREMBI does not have any responsibility regarding the supply of the said documents.
5.2. KREMBI, which is an Intermediary Service Provider, according to the Tax Procedure Law General Communiqué (Sequence No: 464) published in the Official Gazette dated 24 December 2015 and numbered 29572; Regarding the transactions realized within one month of the calendar year as of 01.07.2016; (i) The internet address or addresses where the intermediary service is provided, (ii) Name, surname/title, TCKN/VKN information and workplace address information of the real or legal persons to whom the intermediary service is provided, (iii) Goods and service sales / It is obliged to transmit each collection amount and date related to the rental transactions electronically through the BTRANS system of the Revenue Administration.
5.3. Working conditions may be determined by KREMBI in addition to the general working conditions for some services and Service Providers. Such additional terms will be communicated to the Service Provider in connection with the applicable services. Additional terms shall be deemed to be in addition to and part of this Agreement for the purposes of use of the applicable services. If there is a conflict between the provisions of this Agreement and the additional provisions, the additional provisions shall prevail.
5.4. The Service Provider accepts, declares and undertakes that it will comply with the work flow of KREMBI and the provisions of the legislation in force in the services to be provided within the scope of the Mobile Application and Website. In this context, the Service Provider will act in accordance with the regulations pertaining to the Law and, if any, its employees will be the addressee of all rights and obligations arising from the relevant legislation, and will meet the demands of the Service User and the damages and losses to be incurred, and that it will respond to the developments to be made on the Mobile Application and Website in accordance with the relevant legislation. and will act in accordance with the rules; To fully fulfill all kinds of tax obligations regarding the services to be provided through KREMBI; will act in accordance with the legal regulations and legislation in force or to come into force; In case it is determined that it violates this Agreement (including its annexes and additional provisions) and/or any legislative provision, it will immediately deliver the information/documents requested by KREMBI and take the necessary measures; It accepts, declares and undertakes that it will not contact the Service Users in any way other than the services performed within the scope of KREMBI.
5.5. With this Agreement, the Service Provider, from the first moment it interacts with the Service User and in the following periods without any time limitation; It is obliged to act in accordance with all applicable personal data protection legislation, especially the 6698 Personal Data Protection Law (“KVKK”).
5.6. If the Service Provider does not comply with the obligations listed in this Agreement, KREMBI's right to take disciplinary action against the Service Provider, to demand compensation for damages arising from its breach of obligations, to terminate the Agreement with KREMBI immediately and unilaterally without any obligation to pay any compensation. .
5.7. The Service Provider agrees and undertakes not to transfer this Agreement or its rights arising from this Agreement to any third party, in whole or in part, without the written consent of KREMBI.
5.8. The Service Provider accepts and undertakes to refrain from any action that may damage the commercial reputation of KREMBI under this Agreement. In case of violation of this provision; The Service Provider accepts and undertakes that it will compensate the damage to be indicated by KREMBI at the time of the first request, without the need for any court decision.
5.9. The Service Provider takes all necessary care to pay attention to hygiene rules, to keep materials and tools clean, to take care of personal care and cleanliness, to take all kinds of health-related precautions and precautions, to refrain from providing services for these reasons when necessary, and to treat Service Users with kindness and understanding. In case of any violation, the Service User and/or KREMBI will be responsible for the damages, together with their associates, and will compensate them at the time of the first request.
5.10. The Service Provider accepts that it is the responsibility of all kinds of work and transactions made through the Reservation System offered by KREMBI, and that it cannot put forward any defense or objection that it did not perform the work and transactions performed here, or will not abstain from fulfilling its obligations based on this statement or objection, declares and undertakes.
Article 6 - Profile, Service Request and Acceptance Content for Service Providers
6.1. Service Provider Profiles, Service Requests, Acceptance and information, documents and statements given by the parties (a) will not violate the intellectual property rights or other rights of any third party such as copyright, patent, trademark; (b) will not violate any applicable law or secondary legislation (consumer protection, unfair competition or misleading advertising, etc.); (c) Statements that are contrary to general morality and public order, that are dishonest and inaccurate, deceptive, misleading or abusing the lack of experience and knowledge of third parties, endanger life and property safety, disrupt public health, abuse patients, the elderly, children and the disabled, and will not contain promotional statements; (d) will not compete unfairly with other licensed, authorized or licensed persons and institutions by providing unlicensed, unauthorized or unlicensed services which are among the services that can be performed under license, permission or license, will not use it, will not make an unlawful statement as a dealer, distributor or authorized service of another company, (f) will not act in a dishonorable, defamatory, threatening or harassing nature; (g) will not be obscene or contain child pornography; and (h) will not contain harmful software such as viruses, Trojan horses, or harmful computer programming practices intended to harm any system, data or personal information. KREMBI is not responsible for all similar negativities, including but not limited to these, and the said responsibility belongs to the relevant User.
6.2. Any responsibility for Service Provider Profiles, Service Requests and Acceptances belongs to the relevant Service Provider, Service User or User, and KREMBI has no responsibility.
Article 7 - Creating a Service Request
7.1. In accordance with the terms of this Agreement, the User will be able to create a Service Request for the Services displayed in the relevant Service Provider profile on the Mobile Application and Website. However; In order to use the call service, the User must be at least 18 years old and have the power to appeal.
7.2. In order to create a valid Service Request, the information specified by the Service Provider regarding the Service on the Mobile Application and Website must be accepted by the Service User, the request must not cause abuse and comply with the conditions specified in this Agreement.
7.3. The Service User shall be responsible for the Service Request he/she creates through the Reservation System offered by KREMBİ, or any work and transaction he/she performs, and cannot claim any defense or objection that he/she did not perform the work and transactions performed here, or based on this statement or objection. accepts, declares and undertakes that it will not abstain from fulfilling its obligations.
7.4. All responsibility for the use and security of the User account lies with the User account owner.
Article 8 - Acceptance
8.1. The Service Provider agrees to provide the Service specified in the Service Request at the price it has determined on the Mobile Application or Website, by giving approval for a Service Request sent to it through the Mobile Application or Website. The Service Provider is free to accept or reject the Service Request.
8.2. If the Service Request is accepted by the Service Provider; A binding legal Agreement is formed between the Service User and the Service Provider regarding the provision of the service at the price specified on the Mobile Application or Website regarding the Service.
8.3. Unless otherwise stated on the Mobile Application and Website; Services will be offered by the Service Provider at the prices specified on the Mobile Application or Website. However; In case it is stated on the Mobile Application or Website that the Service Provider needs to conduct a detailed research or examination regarding the relevant Service; The prices stated on the Mobile Application or Website may change, in such cases the Service Fee is updated only by agreement of the parties. In such a case, the Service Provider may refuse to begin the provision of services unless agreement is reached.
8.4. Any changes regarding the Service specified on the Mobile Application and Website must be jointly agreed by the Service Provider together with the Service User.
8.5. If it is determined by KREMBI that the parties agree not to pay an intermediary fee to KREMBI without notifying KREMBI for a Service Request sent through the Mobile Application and Website, KREMBI is entitled to the Commission fee for the Service provided and the relevant Commission is paid by the Service Provider. KREMBI is paid at the time of the first request.
8.6. The Agreement formed upon Acceptance regarding the Service Request is binding. KREMBI has no responsibility for the withdrawal of the Service Provider or Service User from the Agreement. In this case, the Cancellation Procedure will be applied.
8.7. Even if the Service Provider incurs additional expenses for the Service Requests it accepts, it cannot separately request these additional expenses from the Service User unless they have agreed with the Service User beforehand. The burden of proof regarding the agreement herein lies with the Service Provider.
Article 9 - Services Provided by KREMBI
9.1. KREMBI is a technology platform, a marketplace that only serves to establish communication between the Service User and the Service Provider, enables the Service Providers to be promoted and mediates the establishment of a service relationship.
9.2. KREMBI is not the owner, provider or responsible for the performance of the services on the Mobile Application and Website.
9.3. KREMBI provides a technological infrastructure system for the collection of the Service Fee with the online payment system infrastructure it cooperates with.
9.4. Pursuant to Article 6/(4) of the Regulation, KREMBI is an intermediary service provider and to control the content provided by real and legal persons using the electronic environment it provides services, to ensure that an unlawful activity or situation related to this content and the goods or services subject to the content is in question. is not obliged to investigate whether
9.5. The addressee of all complaints and other requests of the Service User regarding the Service received is the Service Provider. KREMBI can offer an interface that enables communication between parties. Even if KREMBI offers a resolution mechanism for complaints and other requests; KREMBI has no obligation to resolve the dispute or resolve the complaint.
9.6. KREMBI has no responsibility for the collection of the Service Fee from the Service Provider after the Service Provider.
Article 10 - Reservation System
10.1. KREMBI offers Users a one-time reservation system over the Service Fee at the place, day and time agreed by the parties through the Mobile Application and Website for Services.
10.2. The Service Receiver sends the Service Request to the Service Provider via KREMBI. The Agreement is deemed to have been formed with the Service Provider's acceptance of the Service Request.
10.3. Reservation for Call
10.3.1. It is the Reservation method activated by the Service Provider, after entering the Service Provider Profile on the Mobile Application and Website of the relevant Service Provider, and clicking on Call. In the Reservation for the Call, the Service is provided by the Service Provider at the place determined by the Service User. The Service User agrees that the Service Provider will be available for service delivery at the time and place determined in the Reservation so that the Service can be provided without delay.
10.3.2. In order for the Service User to create the Reservation for the Call, it is a prerequisite to receive the Service Fee via the Online Payment System. In case the Service User wishes to make an online payment by Credit Card; This precondition will be deemed to have been fulfilled by making the Provisioning process over the entire Service Fee. In case the Service User wishes to make payment with an online Debit Card; It is a prerequisite to collect the full Service Fee.
10.4. Reservation for Appointment to the Salon
10.4.1. It is the Reservation method activated by clicking Reservation after entering the Profile of the Service Provider on the Service User, Mobile Application and Website. In the Reservation for the Salon Appointment, the Service is provided by the Service Provider at the place determined by the Service Provider. The Service Provider agrees that the Service will be provided without delay at the specified time.
10.4.2. If the Service User wishes to make the payment online in the Reservation for the Appointment to the Salon; Provision will be made over the entire Service Fee. In case the Service User wishes to make payment with an online Debit Card; The entire Service Fee will be charged.
10.5. In order for the User to send a Service Request again through the Mobile Application or Website after the first unfair cancellation, he must enter his information regarding the Online Payment System.
Article 11 - Cancellation Procedure
11.1. Cancellation by Service User
11.1.1. Reservation for Call
126.96.36.199. In case the Service User selects the Call Now option in the Date section of the Reservation for the Call and this is accepted by the Service Provider; The Service Provider may cancel the Reservation free of charge through the Mobile Application or Website, until the Notification of My departure. In case of sending the Notification to the Service User regarding the I Have Been On My Way; In case the Reservation is canceled by the Service User through the Mobile Application or Website; '70% of the Service Fee is returned to the Service User.
188.8.131.52. In case the Service User requests a future-dated Service provision in the Reservation regarding the Call and this is accepted by the Service Provider; Until 2 hours before the reservation time, the reservation can be canceled free of charge via the Mobile Application or Website. If there is less than 2 hours before the reservation time; If the reservation is canceled via the Mobile Application or Website; '70% of the Service Fee is returned to the Service User.
11.1.2. Reservation for Appointment to the Salon
184.108.40.206. In case the Service User requests a future-dated Service provision in the Reservation for the Appointment to the Salon and this is accepted by the Service Provider; 2 hours before the reservation time, the reservation can be canceled free of charge via the Mobile Application or Website. If the reservation is less than 2 hours before the reservation time, if the reservation is canceled via the mobile application or website; '70% of the Service Fee is returned to the Service User.
11.2. Cancellation by Service Provider
220.127.116.11. In cases where the Service Provider is not ready to provide the Service at the place and time specified in the Reservation, KREMBI takes the Service Provider's defense regarding the matter. If this situation repeats for the 3rd time, the Service Provider's account may be suspended.
18.104.22.168. In case the Service Provider cancels the Booking without a justifiable reason; 30% of the agreed Service Fee for the Service is collected from the Service Provider as a penal clause. KREMBI's right to set off the settlement with respect to the penal clause or to put a block on the Service Fees that the Service Provider deserves is reserved.
11.3. The e-invoice of the cancellation fee will be sent to the User's e-mail address.
11.4. Cancellations for reservations regarding the Service can only be made through the Mobile Application or Website. Cancellation and change requests made through another channel or sent directly to the Service Provider will not be considered.
11.5. Cancellation payments to the Service User regarding the Reservation are made within 7 working days.
Article 12 - Payment
12.1. The Service User is obliged to pay the entire Service Fee arising from the Service purchase made by using KREMBI.
12.2. The Service Receiver may pay the Service Fee determined in the Agreement to the Service Provider with the Direct Payment method or the Online Payment System prior to the performance of the Service. In payments made using the Online Payment System payment option, if the card is used unlawfully by someone other than the holder of the card, Bank Cards and Credit Cards Law No. 5464 dated 23.02.2006 and Debit Cards and Credit Cards published in the Official Gazette dated 10.03.2007 and numbered 26458. Transactions are made in accordance with the provisions of the Regulation on Cards.
12.3. The Service User accepts and declares that he/she knows that the payment can be taken before the service is rendered, and that pre-authorization can be obtained according to the system rules for this transaction or the services requested later.
12.4. Despite receiving an authorization, if the service cannot be provided or the service is not provided without any fault of the Service User, the Service Fee of the received provision or the service that cannot be provided is automatically returned to the credit card by the bank. In this case, there is no need for the Service User to run a cancellation procedure separately.
12.5. The Service Provider collects the Service Fees specified in the Agreement from the Service User in return for a receipt or invoice, excluding those paid via the Online Payment System.
12.6. In case the payment cannot be made with the Online Payment Method, the Service User is obliged to pay the fee to the Service Provider by the Direct Payment method.
12.7. In the event that a Service other than the Agreement is provided to the Service User, if the Service Fee is paid to the Service Provider by Direct Payment method, the Service User and the Service Provider are obliged to forward it to KREMBI as a new reservation via the Mobile Application or Website. . If this obligation is not fulfilled, KREMBI has the right to suspend the account of the relevant User.
12.8. If the user wishes, he can enter his credit or debit card information into the Online Payment System for one time only, and this information can be used in future uses without the need to enter information again. If the user wishes, he can define as many cards as he wishes in the Online Payment System. The infrastructure of the online payment system is provided by İyzico (İyzi Payment and Electronic Money Services Inc.). It is the User's responsibility to define and use the payment information in the Online Payment System.
12.9. After the Service is offered to the Service Provider by the Service Provider, the Payment Approval screen is sent to the Service User via the Mobile Application and Website and the amount to be paid is requested to be confirmed. The Service User approves the payment by simply pressing the 'Confirmation' button. Upon making the payment by pressing the 'Confirmation' button, the Service Receiver is deemed to have paid the Service Fee to the Service Provider and the payment obligation ends.
12.10. Payments made may be reflected as a single payment to the Service User's bank account, or as separate payments in which the total payment amount is divided into multiple parts, in accordance with the Bank's banking practices.
12.11. The Service User may choose to give the Service Provider any % or amount (“Tip”). In this case, the Tipping is automatically calculated by adding it to the Service Fee of the Service Provider and is collected from the Service User over the payment method chosen by the Service User simultaneously with the Service Fee. Giving a tip depends entirely on the satisfaction of the Service User and is not mandatory.
12.12. In connection with the payments made through the Online Payment System, if the credit card limit used in the system is full or the payment cannot be made for any reason; The Service User can make the payment again by using another credit card that he has previously defined in the system or by defining a new credit card.
12.13. KREMBI does not accept any responsibility for disputes that may arise between the Service User and the Service Provider regarding issues such as payment, service cancellation, discount or refund.
12.14. Refunds are made directly by the Service Provider for Services that have been paid with payment means other than the Online Payment System option.
12.15. In cases where the payment institution with which KREMBI cooperates is the intermediary of the Online Payment System; The relationship between the payment institution and the Service Receiver and the Service Provider is independent of KREMBI, and the responsibility and fulfillment of the obligations stipulated in the relevant legislation belong to the relevant payment institution.
12.16. Hizmet karşılığı fiş/fatura veya düzenlenmesi gerekli diğer belgeler, ilgili mevzuat gereği düzenleme yükümlülükleri bulunuyorsa ilgili Hizmet Sağlayıcı tarafından düzenlenir. Söz konusu hizmete ilişkin fatura/fiş veya diğer belgeler KREMBİ'den talep edilemeyecek olup KREMBİ yalnızca kendi verdiği hizmetlere ilişkin olarak Komisyon bedeli için Hizmet Sağlayıcılar'a fatura kesmekle yükümlüdür.
12.17. In cases where the Service Receiver pays the Service Fee via the Online Payment System and the necessary conditions are met; KREMBI may issue a refund or instruct the contracted payment institution to do so, if requested by the Service User. KREMBI reserves the right to instruct the payment institution and/or cancel the relevant Agreement in order not to transmit the relevant amount to the Service Provider in case of incomplete or faulty performance of the services paid through the Online Payment System to the relevant Service User or in case of cancellation of the Reservation.
12.18. If agreed with the payment institutions for the Online Payment System, KREMBI is only obliged to send the necessary instructions to the relevant institution for the payment / refund of the relevant fees. It is the responsibility of the relevant payment institution to keep and keep the User information and all other necessary information securely and to perform the transactions in a secure manner by the relevant payment institution.
12.19. In order to ensure the functioning of the system defined in this Agreement, the Service Provider appoints KREMBI as the exclusive representative for the collection of the fees related to the services it provides at KREMBI from the Service User on its own behalf and account. The Service Receiver shall fulfill its obligation to pay within the scope of the service contract by making the payment for the services to KREMBI in the capacity of the Service Provider representative. In the event that the representative authority specified in this article is not given by the Service Provider or is subsequently canceled, KREMBI has the right to terminate this Agreement and cancel the Service Provider's user account.
12.20. Users accept that all responsibility for the security, storage and keeping away from the information of third parties of the system access tools (username, password, etc.) they use in order to benefit from the services offered by KREMBI through the Mobile Application or Website is entirely their own. It is the User's responsibility not to share information about credit card or other payment instruments with third parties, and not to identify this information to the Mobile Application or Website used by third parties.
Article 13 - Obligations of the Service User
13.1. Any administrative, legal and penal responsibility that may arise due to the Service User's non-compliance with the terms of this Agreement belongs to the Service User.
13.2. The Service User agrees that the Service Fee must be paid to the Service Provider before the Service specified in the Agreement is offered.
13.3. The Service User shall not contact the Service Provider regarding a Service Request created through the Mobile Application or Website, without the knowledge of KREMBI, in order to exclude KREMBI, to agree a lower price or not to pay a commission fee.
13.4. The Service User agrees to notify KREMBI immediately in case of any change in the previously shared credit card, debit card or account information, in case the relevant Service Fee is collected via the Online Payment System.
13.5. In case the Service User for a Service other than the Agreement wishes to pay the relevant Service Fee to the Service Provider with the Direct Payment method; agrees to enter this Service in the form of a new Reservation through the Mobile Application and Website without errors.
13.6. The Service User accepts that KREMBI has the authority to store the credit card information in the contracted payment institution system and to share it with the system operators, to the extent permitted under the legislation. KREMBI is not responsible for any malfunctions that may occur in the contracted payment institution system.
13.7. The Service User is responsible for all taxes incurred by him in relation to the Service, excluding taxes arising from KREMBI's income.
13.8. Service User agrees not to take any action and/or action that could exploit the service offered by KREMBI.
13.9. The Service User accepts that it is solely responsible for the security and storage of the system access tools (username, password, etc.) used in order to benefit from the services offered by KREMBI through the Mobile Application or Website.
13.10. The Service User shall not reproduce pictures, texts, audio-visual images, video clips, files, databases, catalogs and lists within the Mobile Application or Website, which may constitute an infringement on the real or personal rights and property of KREMBI and/or another third party. agrees not to copy, distribute or process.
13.11. Using the service offered by KREMBI, the Service User agrees to use the Mobile Application or Website in accordance with the law and its purpose, and accepts that it is legally responsible for every transaction and action performed within the Mobile Application or Website. KREMBI cannot be held responsible, directly or indirectly, for any action, action and/or activities that the Service User performs through and/or within the Mobile Application or Website, in violation of this Agreement and the law.
13.12. The Service User must have taken all kinds of precautions regarding occupational safety and health in the house, office, building, garden, warehouse, school, factory and all kinds of facilities where the Service will be provided.
13.13. In case the Service User realizes or suspects that there is a disease or a situation that threatens public health; will immediately notify KREMBI about this situation via the Mobile Application or Website. This personal information will be processed within the scope of Personal Data Protection.
Article 14 - Authorizations Given to KREMBI
14.1. KREMBI may temporarily suspend or completely stop the operation of the system at any time. Users do not pay any usage fee to KREMBI regarding the use of the Mobile Application or Website (except for the cases specified for Service Providers in this Agreement), and for this reason, they will not make any demands from KREMBI for stopping or suspending the system.
14.2. KREMBI or the payment institution it cooperates with may temporarily suspend or stop the possibility of online payment by credit card of the relevant Users due to Service User and Service Provider transactions that raise security concerns. For this reason, KREMBI has no responsibility towards Users or third parties.
14.3. KREMBI or the payment institution it cooperates with has the right to question the limit adequacy of the card subject to the Online Payment System before approving the Service Request under the Reservation System.
14.5. KREMBI may notify Users of promotions, new services or projects or news via e-mail, SMS or push notification. In case the Users do not want to receive the said messages; It may stop receiving such notifications by giving a written notification to “[email protected]” or through the commercial communication channel that reaches it.
14.6. In case of any dispute between users regarding the infringement of intellectual rights, KREMBI is obliged to take action based on a final and enforceable court decision to be submitted to it. In other cases, KREMBI will act at its own discretion. During this period, KREMBI does not have any responsibility for the transactions to be performed by KREMBI within the framework of this Agreement.
14.7. Comments/evaluations from Users regarding Service Providers are published in a way that all Users can see, without any changes, after the necessary approval by KREMBI. KREMBI has the authority to publish or not to publish the comments in question.
14.8. KREMBI reserves the right to temporarily or permanently change or terminate the Mobile Application or Website (or a part of it) at any time, with or without prior notice.
14.9. In order to protect the integrity of the Mobile Application or Website, KREMBI may at any time, on its own initiative, block certain Users and Users from certain Internet Protocol addresses from accessing the Mobile Application or Website.
14.10. The Service Provider and the Service User are legally and criminally responsible for the content they upload to the Mobile Application or Website, in accordance with Article 4 of the Law No. 5651. The fact that the contents are published by KREMBI does not change the responsibility of the Service Provider and Service User.
14.11. KREMBI reserves the right to make some or all of its services in the future, with or without a fee, and to make changes in its fees/commissions.
14.12. KREMBI, if it wishes, may use SMS, e-mail or other technical means to verify the e-mail address, mobile phone number and other information of the Users.
14.13. KREMBI may prohibit Users from using the Mobile Application or Website and accessing User rights, suspend the User account, temporarily suspend the User's account, if it is determined that the Users violate this Agreement or to the extent required by the situation, without having to show any reason. may discontinue use.
14.14. In accordance with the legal regulation introduced by the Revenue Administration, e-invoice and e-archive invoice applications were introduced at KREMBI. The e-archive invoices of Users who are not e-invoice users will be created and kept in electronic environment. Notification regarding invoices created in electronic environment will be made to the e-mail addresses of the Users within 7 days at the latest and the invoices will be sent via e-mail in PDF format. Invoices created electronically can be used as legal documents before all official authorities and authorities.
Article 15 - Relations and Transactions with Users (All Users)
15.1. Users are completely responsible for the relations between each other.
15.2. When users communicate with each other or with KREMBI employees, they are racist, hate speech against any group or person, violate personal rights, humiliate, insult, harass or advocate harassment, praise illegal & terrorist activities, create unfair competition, threaten may not engage in offensive, obscene, defamatory, sexually harassing and defamatory behavior, and may not use content in this direction. Otherwise, it may require the termination of the User's rights and the notification of the situation to the official authorities when necessary.
15.3. If an investigation is opened or a trial is made against both the Service Provider and the Service Users before, during and after the service, due to any criminal behavior, KREMBI will share all the information and documents in its possession with the relevant judicial authorities upon request and cooperate with the relevant judicial authorities. .
15.4. Although Service Users or Service Providers do not receive or provide services for themselves or anyone else, they cannot write favorable or unfavorable comments, cannot write content about another person's work products, brand, trade name and services in a way that creates unfair competition. KREMBI has the right to remove such content without any prior notice in case of violation of this provision.
15.5. Users; They are subject to all applicable legislative provisions within the borders of Turkey; They accept and undertake that the Service Provider is exclusively responsible for the obligations arising from the legislation regarding its service, and that KREMBI is only a marketplace (platform).
Article 16 - Content on the Mobile Application and Website
To the extent legally permitted under applicable law;
16.1. KREMBI does not undertake that the Mobile Application or Website will be error-free, uninterrupted and secure, or that the use of the Mobile Application or Website or any content, search or link on it will provide specific results.
16.2. KREMBI cannot guarantee that any file downloaded from the Mobile Application and Website will not contain viruses or other dirty or destructive features.
16.3. Ideas, advice, explanations, reviews, or other information or content published through the Mobile Application or Website belong to the respective author. The aforementioned author is solely responsible for the aforementioned content. KREMBI does not (i) guarantee the accuracy, completeness or usefulness of any information on the Mobile Application or Website; or (ii) accept, endorse, or be responsible for the accuracy or reliability of any opinion, advice or explanation given by any person displayed on the Mobile Application or Website. he would not accept.
16.4. The Mobile Application or Website may contain links or references to other websites that are not under the control of KREMBI. KREMBI is not responsible for the content of these sites or any other links they contain.
16.5. KREMBI reserves the right to remove illegal or prohibited content on the Mobile Application or Website from the Mobile Application or Website and to terminate the User accounts of such violators. This provision includes, but is not limited to, the following types of content:
• is clearly offensive or insulting to the other User, such as content that promotes racism, hatred and physical harm against any group or individual;
• Harassing or advocating harassment of the Other User;
• Contains 'junk mail', 'chain letter' or unsolicited mass mailing or 'spamming' transmission;
• Promote information that you know is false or misleading;
• Encouraging illegal activities or using disparaging statements about others, creating unfair competition, threatening, obscene, defamatory and slanderous behavior;
• Promotes illegal or unauthorized copying of another's copyrighted work, such as by providing pirated computer programs or links, providing information to circumvent copy-protected devices installed during production, or providing pirated images, audio or video files, or linking to pirated image, audio or video files;
• Contains prohibited or password-accessed pages or hidden pages or images (not linked from another accessible site);
• Provide sexual or violent material that exploits individuals under the age of 18 or requests personal information from an individual under the age of 18;
• Provide instructional information about illegal activities, such as the manufacture or purchase of illegal weapons, violation of another's privacy, or giving or creating computer viruses;
• Requesting passwords or personally identifiable information from others for commercial or illegal purposes;
• Includes commercial activity and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes without our prior written consent;
• Recording, disseminating, misusing the personal information of others,
• Violating intellectual and industrial rights of third parties, such as trademarks and patents,
• Include unfair trade practices and limit competition, and
• Violates national and/or local consumer protection laws.
16.6. The user accepts in advance that the profile content he/she has created on the Mobile Application or Website will be indexed by various search engines, can be viewed on the search results screens of the search sites and will be seen by third parties/institutions, and that he/she will be personally responsible if the information he/she shares in the profile contains any illegality.
Article 17 - Promotion / Campaign
17.1. KREMBI may offer users the opportunity to benefit from promotions or campaigns at certain times. In order to benefit from the relevant promotion/campaign, the User must comply with the terms of the promotion/campaign and must not engage in fraudulent behavior (including fraudulent agreement with Service Providers to benefit from the promotion/campaign, making misleading statements and creating false User profiles).
17.2. KREMBI may withdraw, suspend and/or terminate the User's access to the application in case the User violates the relevant campaign/promotion conditions and/or engages in fraudulent acts. In the event that the user receives such a notification from KREMBI, if he/she thinks that he/she does not violate the requirements of Article 17, he/she can object to the relevant decision by contacting KREMBI Customer Services or [email protected].
Article 18 - Liability for Service, Non-Warranty and Independence of Relationship
As long as legally permitted under applicable law;
18.1. KREMBI does not have any responsibility in the offer, acceptance, offer, contract and payment stages between the Service User and the Service Provider. KREMBI does not and cannot guarantee that there will be harmony between the Service User and the Service Provider, or that it will find or have a Service Provider in the Service User's region, capable of performing the Service User's work at the desired time and place. The Service User is solely responsible for the decision to be made about the Service Provider regarding the purchase of the Service.
18.2. This User Agreement covers only the situation between KREMBI and the User. The relationship between Service Users and Service Providers is not covered by this Agreement. KREMBI is in no way responsible for the relationship between Service Users and Service Provider(s). Service Users will be able to seek their rights against the Service Provider/s within the framework of the legislation regarding the transactions they will perform through the marketplace offered by KREMBI.
18.3. All responsibility for any Service to be received from the Service Provider through KREMBI, without any limitation, belongs to the Service Provider itself. Regarding the Service, KREMBİ has no responsibility towards the Service User for any reason.
18.4. Service Providers or Service Providers who have a Service Provider Profile on KREMBI, Mobile Application or Website do not have a control duty over the Services they offer. KREMBI does not recommend the Service Provider or the Service, does not guarantee the performance of the Service Provider or the result or quality of the Services provided. KREMBI can make a ranking, rating and categorization among the Service Providers through some algorithms within the system such as user ratings and user comments, and some Service Providers can be highlighted because they are highly appreciated, preferred or satisfied. However, this situation does not mean that KREMBI has made an endorsement or guarantee with the Service Providers or the Services.
18.5. CREAM; The Service Providers do not make any guarantees or commitments regarding reliability, appropriateness and competence to provide the relevant service, the provision of services or their timely delivery, safety and error-freeness, adequacy or reliability of the results to be obtained from the use of the service, or whether the service quality meets expectations. KREMBI tries to contact only the relevant Service Providers regarding the Services in the Reservation System and tries to check the references with the information provided by the said Service Providers when it deems necessary. Even if verified by KREMBI, reference checks do not include any commitment regarding the actions of Service Providers.
18.6. KREMBI is not responsible for the relationship between the Service Provider and the Service Provider, and for any damages (material, moral, health-related, psychological, harassment, injury, etc.) that the Service Provider may cause to the Service Provider or third parties during the service or at any time. has no liability or liability for compensation.
18.7. KREMBİ’nin tek sorumluluğu, Mobil Uygulama veya Web Sitesi üzerinden Hizmet Sağlayıcı ve Hizmet Alan arasındaki iletişimin sağlanması ve Online Ödeme Sistemi üzerinden tahsilatın yapılması ile ilgilidir. Ancak, Hizmet Sağlayıcılar’ın herhangi bir kusuru nedeniyle Hizmet Alan’ları veya 3. kişileri herhangi bir şekilde zarara uğratması (Maddi, Manevi, sağlıkla ilgili, psikolojik, taciz, yaralanma, vb.) ve/veya bu konudaki dava ve takiplerin KREMBİ’ye yönelmesi halinde; KREMBİ, tüm zararları, yargılama masrafları, para cezaları ve avukatlık ücretleri için Hizmet Sağlayıcı’ya rücu hakkına sahiptir ve bu bedellere ilişkin KREMBİ, Hizmet Sağlayıcı’nın hak ve alacaklarından takas / mahsup etme hakkını saklı tutmaktadır. Hizmet Sağlayıcı ilk talep anında KREMBİ’nin ilgili tüm zararlarını tazmin edecektir.
18.8. In the Reservation System, KREMBI only directs the Service Provider Profiles that are suitable for the Service Users among the Service Providers registered in the system according to the availability of the Service Providers. KREMBI will only take due care to ensure the communication between the Service Provider and the Service User through the Mobile Application or Website and to make the collection over the Online Payment System.
18.9. Errors in the Reservation System caused by the Service User or the Service Provider (wrong date, Service User or Service Provider not being at the address at the service start time, Service Provider not going to perform the service at the relevant date and time, Service KREMBI does not have any responsibility for the lack of a Service Provider suitable for the date and time preference specified by the Alan during the reservation, etc.).
18.10. The Service Provider undertakes the accuracy of the information or statements specified by the Service Provider in the Service Provider Profile, KREMBI has no responsibility for confirming the accuracy of this information or statement.
18.11. All kinds of permits, approvals, control documents, licenses, etc., which are required to be obtained within the scope of the current legislation regarding the Service. The responsibility for the document belongs to the Service Provider, otherwise any administrative, legal and penal responsibility that may arise belongs to the Service Provider. The Service Provider is responsible for the damages incurred and/or to be incurred by the Service User, KREMBI and 3rd parties and indemnification of all kinds of damages.
18.12. KREMBI is not responsible for any problems or damages that may arise between Service User and Service Provider(s) due to the sharing of personal data such as name, address and telephone number of Service Users registered in its system with Service Providers for the provision of the relevant Service.
18.13. The contact information of the Service Receiver is shared by KREMBI with the Service Provider for the period required for the provision of the Service in order to provide the Service in the Service Request. With this information sharing, it is aimed to perform the Service smoothly. KREMBI, in cases where the aforesaid information is not approved by the Service Provider separately, may be used for advertising, marketing, personal, etc. is not responsible for any problems or damages that may arise between the Service User and the Service Provider(s), using it for any situation or purpose, sharing it with third parties or transferring it.
18.14. The Service User and the Service Provider have consented to the processing of their personal data in order to market and perform the services under this Agreement and to share it in accordance with the purposes in this Agreement. Pursuant to Articles 5(c) and 5(f) of the Personal Data Protection Law No. 6698, the processing of personal data of Service Users and Service Providers and sharing them only between the Contracting Parties does not require express consent.
18.15. There is no (a) employment, (b) part-time employment, (c) consultancy, (d) contractor, (e) joint venture or (f) agency relationship between KREMBI and the Service Provider.
18.16. KREMBI is not responsible for the acts, omissions and behaviors of any third party, Mobile Application or Website users, advertisers and/or sponsors regarding the use of the Mobile Application or Website.
18.17. KREMBI is not responsible for any data loss arising from the operation of the Mobile Application or the Website or the implementation of its conditions.
18.18. KREMBI takes reasonable precautions for protection. However; does not accept any responsibility for the consequences that may arise if the User's information falls into the hands of malicious persons as a result of attacks that may be made on his own computer network and the existing database information on this network.
18.19. KREMBI is responsible for all kinds of direct or indirect, material or moral damages, including but not limited to bodily harm, emotional discomfort, arising as a result of the behavior of third parties regarding the use of the Mobile Application or the Website and/or a Service Provider. .
18.20. KREMBI; The Service Provider or the Service User does not have any responsibility in matters such as paying attention to hygiene rules, keeping materials and tools clean, paying attention to personal care, cleanliness and hygiene, and taking all kinds of health-related precautions and precautions.
18.21. Hizmet Sağlayıcı’lar ve Hizmet Alan’lar birbirlerine nazik ve anlayışlı davranmak hususlarında gerekli her türlü özeni göstermekle yükümlü olup, herhangi bir ihlal halinde KREMBİ’nin bundan dolayı sorumlu olmadığını ve KREMBİ’den herhangi bir talepte bulunmayacaklarını kabul, beyan ve taahhüt ederler. KREMBİ’nin bu nedenle bir zarara uğraması halinde; ilgili Kullanıcılar KREMBİ’nin uğradığı zararlardan ferileri ile birlikte sorumlu olacak ve ilk talep anında tazmin edeceklerdir.
18.22. The Service User may notify KREMBI of the Service Providers that he/she is in contact with through the Mobile Application or Website, through the support section within the Mobile Application or Website, or via live chat. In this case, KREMBI makes necessary warnings to the Service Providers and may terminate the business relationship with the relevant Service Providers who repeat similar mistakes. However, KREMBI cannot be held responsible under any circumstances in connection with the behavior of the Service Providers, as the Mobile Application or Website is a platform to bring Service Users and Service Providers together and to increase the quality and prevalence of Service procurement experience for the relevant parties.
Article 19 - Copyright Policy
19.1. Visual and written content presented on the Mobile Application or Website is for personal use. All domain name, logo, graphic, sound, icon, design, text, image, html code, other codes, demonstrative, written, electronic, graphic or machine-readable technical data contained in the content of KREMBI, Mobile Application or Website, is the owner or licensee of all materials (“Materials”) and related intellectual and industrial property rights, including the sales system, business method and business model, and are under legal protection. Unless otherwise stated, it cannot be used for commercial or personal purposes without permission or reference. It is forbidden for the User to publish any element of this application on any other medium or website, with the exception of his own image and portfolio.
19.2. The right of the software used in the design of the Mobile Application or the Website and in the creation of the database belongs to KREMBI. It is strictly forbidden to copy or use the aforementioned software and to reverse engineer the software and technologies used.
Article 20 - Protection of Personal Data
20.1. KREMBI attaches importance to the protection of your personal data. You can click on the links below to access the regulations regarding your personal data:
● User Data Protection Policy Clarification Text
20.2. The user declares that (i) the information in the registration form is correct; (ii) Only one GSM number can be defined for each User created in KREMBI, (iii) a new GSM number can only be defined if a new User is created on the Mobile Application, (iv) He is personally responsible for all kinds of transactions to be made with the registered GSM number. accepts, declares and undertakes.
Madde 21 - Bilgilerin Saklanması ve Delil Sözleşmesi
21.1. Mevzuatın daha uzun belirlediği süreler hariç; KREMBİ sisteminde kayıtlı kullanıcı bilgileri, yorum/değerlendirmeleri vb. en az üç (3) yıl boyunca saklanır.
21.2. Taraflar bu Sözleşme’den doğabilecek uyuşmazlıklarda KREMBİ’nin ticari defter ve kayıtları ile KREMBİ sistemlerinde saklanan verileri her türlü uyuşmazlıkta 6100 Sayılı HMK’nın 193. Maddesi gereği kesin delil kabul edeceğini beyan, kabul ve taahhüt ederler.
Article 22 - Force Majeure
22.1. KREMBI cannot be held responsible for late or incomplete performance or non-performance of any of its acts specified in this Agreement, in all cases deemed legally force majeure and during its duration. These and similar situations shall not be deemed as delay, incomplete performance or non-performance or default for KREMBI, or no compensation under any name can be claimed from KREMBI.
22.2. The term “force majeure”; including but not limited to natural disasters, riots, wars, strikes, pandemic diseases, administrative decisions preventing the provision of services, communication problems, infrastructure and internet failures, power outages, cyber attacks and bad weather conditions; Except for the reasonable control and foresight of the related party and even though KREMBI shows due diligence, it will be interpreted as events that cannot be prevented and unavoidable.
Article 23 - Violation and Termination of the Contract
23.1. The relevant User is responsible for any damages incurred by KREMBI and third parties as a result of the User's breach of the provisions of this Agreement. If KREMBI determines that the Agreement has been violated, it has the right to terminate this Agreement unilaterally immediately, without prejudice to its claims arising from this Agreement.
23.2. The Parties may terminate this Agreement unilaterally at any time, without giving any reason, without giving any notice and without any obligation to pay any compensation, and with immediate effect. The rights of receivables from each other of the parties born up to the moment of termination of the contract are reserved.
23.3. The user can terminate KREMBI membership at any time without giving any reason, by calling KREMBI customer service or by sending an e-mail to [email protected].
Article 24 - Contract Amendments
24.1. KREMBI, at its sole discretion and unilaterally, may amend this Agreement at any time it deems appropriate, by notifying it through the Mobile Application or Website. The renewed current Agreement will be valid from the moment it is published on the Mobile Application or Website by the User, and the Parties will be subject to the terms of the renewed Agreement from the moment of use of the Mobile Application or Website or Services.
Article 25 - Settlement of Disputes and Competent Court
25.1. This Agreement is subject to the laws of the Republic of Turkey.
25.2. The Parties endeavor to settle any disputes arising from the application and interpretation of this Agreement, amicably among themselves. If the issue of dispute cannot be resolved within 1 month from the first written request for amicable settlement of the dispute to be sent by one of the Parties to the other for a settlement; They accept and declare that Istanbul (Çağlayan) Courts and Enforcement Offices are exclusively authorized for the resolution of disputes that cannot be settled amicably.
Article 26 - Enforcement
26.1. This Agreement will remain in effect as long as the Mobile Application or Website is continued to be used and a new agreement is not presented to the Users by KREMBI.