KODRIS Terms of Service

Date of Last Revision: 01.09.2019

Thank you for using Kodris! We're happy you are here. Please read this Terms of Service (“Terms”) agreement carefully. We have tried to make it as clear as possible. Registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with Kodris. If you do not agree to these Terms, please do not register, access, or otherwise use any of our Services.

TERMS OF USE

TERM OF SERVICE

Kodris Education Technologies (hereinafter "Kodris") is a company that presents the “Kodris Web 2.0” version studio, which made available to the public for use on 01.09.2019, that consists of 100+ screens and provides the opportunity to learn computer science at primary, middle and high school level students within the specified period. As a part of that mission, Kodris operates the websites located at https://kodris.com, information, text, curricula, videos, graphics, photos, email notifications, and other materials and related products and services (the “Services”).

These Terms are a legal contract between you and Kodris regarding your use of the Services. You may use the Services only if you can form a binding contract with Kodris and are not a person barred from receiving the Services under the laws of Turkey or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, school, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Note: If you are a teacher creating an account on behalf of your students, you agree to be bound by this Terms of Service on behalf of the educational organization you work for, and are authorized to do so.

These Terms are subject to change. You agree to be bound by such changes if you continue to use the Services after these Terms change, so please check these Terms for changes periodically.

GENERAL TERMS

A. Waiver and Severability

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future

B. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of Turkey without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in İstanbul, Turkey, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum

If you are a state or local government entity in Turkey using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such entities, these Terms and any action related thereto will be governed by the laws of Turkey (without reference to conflict of laws) and, in the absence of Turkish law and to the extent permitted under Turkish law, the laws of Turkey (excluding choice of law).

C. Entire Agreement

These Terms are the entire and exclusive agreement between Kodris and you regarding the Services (excluding any services for which you have a separate agreement with Kodris that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Kodris and you regarding the Services. No other person or company will be third party beneficiaries to the Terms

D. Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kodris without restriction. Any assignment attempted to be made in violation of these Terms shall be null and void.

E. Indemnification

You agree, to the extent permissible by law, to indemnify, defend, and hold harmless Kodris, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners (“Kodris Indemnitees”) from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of any use or misuse of the website, the Services, any violation of the Terms, or any breach of the representations, warranties, and covenants made herein, whether by You or by any Child associated with you if you are a Parent. Kodris reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Kodris, and you agree to cooperate with Kodris’s defense of these claims. Kodris will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it

We may revise these Terms from time to time, the most current version will always be at http://www.kodris.co.uk/usage.htmlIf the revision, in our sole discretion, is material we will notify you via an e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us.

BINDING AGREEMENT

If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Term in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

ADDITIONAL TERMS

Some Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms will control.

REGISTRATION PROCESS

In order to use free part of the Kodris you don’t need to register, create an account or purchase in advance. However, if you’d like access Kodris’s full features you must first register and open a user account to use studio. We will ask you to accept these General Terms and Kodris’s Privacy Policy during the registration process. After you register, for security reasons we will first send you an email in which we ask you to verify the registration by clicking on the "Confirm account" field. After you have clicked on this field you will be redirected to a website where we will finally confirm your registration. Only then will the registration process be complete.

You also have the option of signing in with your Facebook, Twitter, Google, or Gethub accounts. In this case, the sign-in process is completed when you have entered the account information for your corresponding account and clicked "Confirm".

YOUR ACCOUNT

If you create an account for Services, you are responsible for the security of your account and for keeping your own password safe. If you are using an account assigned to you by an Educator, your Educator may be able to access and disable your account.

Kodris may permit you to register an account for the Services through certain third-party social networking services, such as Facebook Connect and Google (“Authentication Service”). By registering for the Services using an Authentication Service, you agree that Kodris may access your account information from the Authentication Service, and you agree to any and all terms of use of the Authentication Service regarding your use of the Services via the Authentication Service. You are solely responsible for your interactions with the Authentication Service.

PAYMENTS

A.Payment Methods.

You agree to pay the fee to use Kodris service that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as PayU). Kodris works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.

B.Credit Card Authorization.

If you use a credit card to pay for purchase to the Website, You will be asked to provide Kodris with a credit card number from a card issuer that we accept. Kodris may seek pre-authorization of your credit card account to verify the credit card is valid and/or has the necessary funds or credit available to cover your payment. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your credit card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.When you make a purchase, you agree not to use an invalid or unauthorized payment method.

When you make a payment, you agree that you used the free section and Kodris’s studio is what you were expecting. Hence, you agree that the purchase cannot be refunded. Still, If you are not happy with our course, and you have a valid reason to claim a refund, Kodris may, but is not obligated to, offer you a 14-day refund.

PRIVACY

Your privacy is important to us. Kodris’s Privacy Policy explains how we treat and protect your personal information and is incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Kodris’s collection, use, and disclosure of your personal information as well as the administrative, technical and physical safeguards we maintain to protect against unauthorized use, disclosure of, or access to personal information.

In addition, if you are a student or teacher using Kodris in a primary or secondary school then our Data Privacy Agreement may govern the relationship between Kodris and your school with respect to our duties and responsibilities to protect Student Data transmitted to Kodris.

If you are a student that uses an account registered for you by an Educator or otherwise connected to an Educator, you agree that Kodris may disclose your information to the Educators associated with your account. If you are an Educator, you agree not to share Student Data you receive from Kodris with anybody other than authorized agents of the classroom, school, or other educational establishment you represent. Kodris sometimes use Student Data for targeted or behavioral advertising, profiling, or onward disclosure. In very rare cases, you may receive promotional message or e-mail from us.

Children Under Age 16 (or under 13 in the United States)

We recognize the privacy interests of children and encourage parents and guardians to take an active role in their children’s online activities and interests. Children under the age of majority should review this agreement with their parent or guardian to ensure that the child and parent or legal guardian understand it.

We take steps to minimize the collection of personal data from Users under the age of 16 in the European Economic Area to comply with GDPR, as explained in the Kodris Privacy Policy. Users under the age of 16 will be able to use our service in the classroom with their teacher’s approval or at home with parent’s approval. Users under the age of 16 will not be permitted to use these tools for outside the classroom use. Users under 16 can try most tutorials and courses without creating an account, but their learning progress won’t be saved. Users under the age of 16 are required to get the approval of a parent or legal guardian before creating an account on Kodris. Kodris allows certain representatives of schools, such as teachers, administrators, counselors, and other educators (an “Educator”) to connect with their students through the Services in order to provide tutorial, educational and similar services. If you are an Educator, you may register accounts on the Services for one or more of your students.

If you are an Educator and you register an account for a student who is under the age of 16 (a “Child”), you represent and warrant that you or the educational organization you work for has proper permission to register the Child for Kodris, and that you have obtained the necessary parental consent for Kodris’s collection of the Child’s personal information for the use and benefit of the school and for no other commercial purpose. In addition, you agree to be bound by these Terms on behalf of the educational organization you work for.

User Generated Content - Management; License Grant; Representations and Warranties

The Services enable Users and Schools to provide, share or post certain content or information, including, but not limited to, computer code (including both source and object code), Student Data (as defined in the Data Privacy Agreement) online educational resources, and other materials (collectively, “User Content”). You should not include any Student’s Personal Information (which are defined in our Privacy Policy) or Student educational records, in any of the User Content you create. If you or a Student in your class accidentally includes any Student’s Personal Information, please contact us at support@kodris.com User Content may be used by Kodris in connection with the Services and may be visible to or shared with Kodris, other Schools, and certain other Users. Please visit our Privacy Policy for additional information on the types of information different Users are able to provide. Teachers may contribute educational content, create answers to assessments, create derivative works (e.g., completion of assignments, projects, etc.), and transmit said data and content within the School’s systems through the Services (collectively, “Teacher Content”).

You retain all moral rights to Your Content that you upload, publish, or submit to any part of the Service, including the rights of integrity and attribution. However, you waive these rights and agree not to assert them against us, to enable us to reasonably exercise the license granted to us, but not otherwise.

OWNERSHIP

By submitting or distributing User Content through the Services or directly to Kodris staff, you hereby grant to Kodris a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and redistribute, adapt, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content (which should not contain any Student’s Personal Information), under all intellectual property rights therein, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).

In addition, by submitting or distributing User Content through the Services, you hereby grant to each user of the Services a non-exclusive license to access and use your User Content.

LICENSE TO USER CONTENT

User Content

You hereby grant to Kodris a limited, non-exclusive, sublicensable (as necessary to provide the Services, including distributing Teacher Content), worldwide, royalty-free, and transferable (only to a successor) right and license to:

  1. use, host, copy, store, distribute, publicly perform and display, publish (in whole or in part), modify, and create derivative works from (such as changes we make so that your content works better with our Service) User Content as necessary to provide, improve and make the Services available to you and other Users, including through any future media in which the Services may be distributed;
  2. use, modify, prepare derivative works, publish, distribute and sublicense Feedback without any compensation to you;
  3. use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including, for use in improving our Service or in marketing and business development purposes);
  4. use any de-identified User Content for any lawful purpose (such as product development, research or other purposes) subject to the Data Privacy Agreement; and
  5. use for other purposes permitted by the Data Privacy Agreement and the Kodris Privacy Policy.

Kodris will only share and use your personal information in accordance with Kodris's current Privacy Policy. When you upload or create User Content, this can be viewed your Teacher and (under your control) by other Users and this means that you are allowing others to access and use that information and to associate it with you.

By uploading, creating, submitting or distributing User Content through the Services, you hereby grant other Users a non-exclusive, transferable (only to a successor), royalty-free right and license to use, reproduce, create derivative works, publicly display and perform any of your User Content that is incorporated into that User's project, provided that Kodris shall not use or distribute your User Content on a stand-alone basis if Kodris’s license grant has been terminated as set forth below. The foregoing license and restrictions does not limit Kodris rights under any third party or open source license in which your User Content may be licensed.

PUBLIC CONTENT

In addition to the rights, licenses and privileges referred to above, you agree that Kodris may use and refer to your User Content, first name and screenname that are posted publicly on the Kodris Website and not in private areas of our Service (“Public Content”) (including screen shots) in marketing materials, press releases, financial reports, presentations, website materials, customer lists and other media now known or hereafter discovered in connection with the marketing, advertising and promotion of the Service, and any products, goods, features, capabilities and/or services associated with the Service. This right will continue until your Public Content is deleted; provided however, that any Public Content previously printed in brochures, articles or other marketing materials that Kodris had prepared before any request for deletion was received will continue to be used.

LICENSE TERMINATION

The license User Content above will terminate when you or your School (i) delete any User Content containing intellectual property rights or personally identifiable information (such as that in Student Data); or (ii) delete your account, unless your User Content has been shared with others, and they have not deleted it. Such termination may not apply to User Content or Teacher Content, including Student Data or in messages sent through Kodris, that may be deemed an “education record” under various privacy laws, including GDPR, and which a school controls (“Education Record(s)”). Please see our F.A.Q. for more information. We will delete any Education Record upon receiving a valid request for deletion from your school. Additionally, such termination will not affect the license rights granted to other Users to use your User Content if they previously copied your User Content and they have not deleted it. When you or your School delete User Content it is deleted in a manner similar to emptying the recycle or trash bin on a computer. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time following deletion (but will not be available to others). Additionally, you understand and agree that User Content may continue to appear on Kodris, even after you have terminated your account or these Terms of Service, as portions of your User Content may be been copied by other users and/or incorporated into their coding projects.

User Content Representations and Warranties

You are solely responsible for User Content you post to the Services and the consequences of posting or publishing them. By uploading, submitting, creating, or publishing your User Content to or through the Services, you represent, and warrant that: (1) you are the creator and owner of your User Content and that you have the authority to use or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

Restrictions on Content and Use of the Services

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Website and to suspend or terminate users, without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Kodris, its users and the public.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use nonpublic areas of the Services, Kodris’s computer systems, or the technical delivery systems of Kodris’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through currently available, published interfaces that are provided by Kodris (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Kodris; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, bullying or harassing, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

Kodris has no obligation to monitor User Content or other materials. You are responsible for evaluating all User Content including for accuracy, completeness and reliability, and you bear all risk of using such User Content. Kodris will not be responsible for any damages that you may incur as a result of the submission or use of any User Content.

Users may include links to third party websites in User Content as long as the content of such websites does not violate these Terms. Clicking on such links is at your sole risk. Kodris is not responsible for the availability or the content of linked websites, including the advertising, products or other materials thereon.

Your License to Use Kodris Tutorials, and Data

The artwork used in our tutorials is copyrighted and use of these tutorials does not grant you any rights to use the artwork in any other manner. Kodris grants you a non-exclusive, transferable, non-sublicensable, limited right and license to access, view, use, and display the Kodris curriculum and tutorial materials. The Kodris curriculum and tutorial materials may only be used for noncommercial, computer science educational purposes. You may use these Kodris resources in a classroom where you charge students a fee to cover such costs as instructor compensation, venue, snacks, etc., so long as you do not represent the Kodris resources as your own creation or restrict access to the resources behind a paywall. If you are interested in licensing Kodris materials for commercial purposes, contact us.

Copyright Infringement and DMCA Policy

Kodris respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

It is Kodris’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Kodris will also terminate a user’s account if the user is determined to be a repeat infringer. To report a copyright violation, please contact us. Our copyright agent for notice of claims of copyright infringement can be reached by directing an e-mail to the copyright agent at copyright@kodris.com.

Kodris Intellectual Property Rights, and Your License to Use the Services

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Kodris and its licensors. The Services are protected by copyright, trademark, trade dress, patent and other laws of Turkey. The content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. Nothing in the Terms gives you a right to use the Kodris name or any of the Kodris trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Kodris, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Subject to these Terms, you may access and use the Services only for your own personal, noncommercial use. We reserve all other rights to the Services and Content, and otherwise you may not copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission, except with respect to Kodris’s curriculum and tutorials as set forth above.

The Kodris © logo design is a registered trademark of Kodris. You may only use the Kodris logo or trademark with the permission of Kodris, and only in reference to Kodris. Mash-ups or combinations of the Kodris logo or name with other logos or names are specifically prohibited.

Kodris does not represent or warrant that the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Services at any time. We reserve the right in our sole discretion to edit or delete any Content, information or other materials made available as a part of the Services.

Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Kodris and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Kodris Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Services are Available “AS-IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE KODRIS ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The Kodris Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Kodris Entities or through the Services, will create any warranty not expressly made herein.

B. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Kodris Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; (ii) the content, products, or services on or available from such websites or resources; or (iii) the protection of the privacy of personal information. Links to such websites or resources do not imply any endorsement by the Kodris Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

You may provide links to the Kodris site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright, trademark service mark notices or other notices on the site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the site immediately upon request by us.

C. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KODRIS ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE KODRIS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID KODRIS, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Kodris ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

DISPUTE RESOLUTION

If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in the Turkey, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.

This Dispute Resolution section applies only if you live in Turkey.Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.

SMALL CLAIMS

Either of us can bring a claim in small claims court in (a) Istanbul, Turkey, (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.

GOING TO ARBITRATION

If we can’t resolve our dispute amicably, you and Kodris agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

THE ARBITRATION PROCESS

Any disputes that involve a claim of less than 10.000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the Istanbul Arbitration Center (ISTAC). The arbitration proceedings shall be governed by the ISTAC Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than 10.000 USD must be resolved per the ISTAC rules about whether the arbitration hearing has to be in-person.

NO CLASS ACTIONS

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

CHANGES

Notwithstanding the “Updating these Terms” section below, if Kodris changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Kodris written notice of such rejection by mail or hand delivery to: KIZILIRMAK MAH/SEMT DUMLUPINAR BLV. PASİFİK GAYRİMENKUL NO: 3 C-1 İÇ KAPI NO: 160 ÇANKAYA/ ANKARA, or by email from the email address associated with your Account to: arbitration@kodris.com, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Kodris in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.

UPDATING THESE TERMS

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Kodris reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

CONTACT WITH US

The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.

Thanks for learning with us.

Title : KODRIS EDUCATION TECHNOLOGIES

Address : Muallimköy Neighb. Deniz St. Num. 143-5 41400 Gebze / Kocaeli

Website : http://www.kodris.co.uk/

E-mail : info@kodris.com