Pursuant to the “Regulation on the Principles and Procedures for the Implementation of Distance Contracts”, published in the Official Gazette dated 13.06.2003 and numbered 25137, the conclusion of a contract is mandatory for sales made over the internet. In this sense, the details of the contract relating to “Distance Learning” are set out below.
DISTANCE LEARNING SALES AGREEMENT
A “DISTANCE LEARNING AGREEMENT” has been concluded, on the conditions stated and entirely of their own wish and free will, between the institution whose title and address are given below and the participant who reads the agreement and confirms the acceptance link. The articles of the agreement are as follows:
ARTICLE 1 – PARTIES 1.1 SELLER Title: rekabetakademisi.com.tr (hereinafter referred to as the “Institution”.) Address/contact: Aziziye, Pilot Sk. no:15/1, 06370 Çankaya/Ankara Telephone: 05418590665 E-mail address: [email protected] 1.2 BUYER (hereinafter referred to as the “Participant”.) Full name: Turkish identity number: 11111111111 Address: Mobile telephone: E-mail address:
ARTICLE 2 – SUBJECT MATTER The subject matter of this agreement is to establish the rights and obligations of the parties, pursuant to the provisions of Law No. 4077 on the Protection of Consumers and of the Regulation on the Principles and Procedures for the Implementation of Distance Contracts, in relation to the sale of the service that the participant has ordered from the institution over the internet and whose details and characteristics are stated on the invoice.
ARTICLE 3 – INFORMATION ON THE PRODUCT/SERVICE SUBJECT TO THE AGREEMENT The product/service subject to the agreement consists of the training video recordings/live lesson sessions and broadcasts that the participant purchases from the institution over the internet according to their own preference and from which they are able to benefit over the internet until a specified date.
ARTICLE 4 – GENERAL PROVISIONS 4.1 LEGAL RESPONSIBILITIES OF THE INSTITUTION AND THE PARTICIPANT 4.1.1 The participant declares that they have read and are aware of all preliminary information relating to the essential characteristics, the sale price and the method of payment of the product/service subject to the agreement stated on the invoice, and to benefiting from it, and that they have given the necessary confirmation electronically. 4.1.2 If someone other than the participant accepting the agreement is to benefit from the product/service subject to the agreement, the institution cannot be held liable if that person does not accept the product/service.
4.1.3 The institution is responsible for providing the products/services subject to the agreement to the participant in full, within the period and on the date stated in line with the preliminary information presented on its web page. However, the institution cannot be held liable where the participant is unable to reach the product/service they have purchased because of problems arising from the participant’s own internet connection, technical infrastructure, or devices such as computer, mobile telephone or iPad.
4.1.4. In order for the product subject to the agreement to be provided to the participant, the participant must carry out, step by step and in full, the sales transaction options presented on the institution’s web page, read the articles relating to the sales agreement, and tick the relevant approval fields. 4.1.5 If, while purchasing or using the product subject to the agreement, the participant is unable to pay the price of the product for any reason in credit card or bank transfer transactions, the institution shall terminate the participant’s use of, or the sale of, the product in question. 4.2 DELIVERY AND USE OF THE PRODUCT 4.2.1 In order for the participant to purchase the product/service offered for sale by the institution, it is not necessary for them to become a member of the website on which the sales transactions are carried out (rekabetakademisi.com.tr).
4.2.2 The agreement enters into force after the participant carries out and confirms the sales transactions step by step on the institution’s web page (rekabetakademisi.com.tr).
4.2.3 The product/service may be purchased by credit card or bank transfer. Your bank may run campaigns and apply a number of instalments higher than the number you have selected, and may offer services such as instalment deferral. Campaigns of this kind are at your bank’s discretion. As from the statement date of your credit card, the order total will be divided by the number of instalments and reflected on your credit card statement by your bank. Your bank may not distribute the instalment amounts equally across the months, taking rounding differences into account. The creation of your detailed payment plan is at your bank’s discretion. On the other hand, since deferred sales are made only with credit cards belonging to banks, the participant accepts, declares and undertakes that they will separately confirm with their bank the relevant interest rates and the information on default interest, and that, pursuant to the provisions of the legislation in force, the provisions relating to interest and default interest will be applied within the scope of the credit card agreement between the bank and the participant.
4.2.4 An information message stating that the purchase request has reached the institution will be sent to the e-mail address of the participant whose agreement is confirmed without problems. Within three business days at the latest, the institution will notify the participant when the relevant password/username details required to activate the product they have purchased will be sent to them and how it will be activated. This notification will also be made separately by the institution’s staff by contacting the participant. 4.2.5 If the purchase of the product/service takes place without problems, the institution will send the invoice for the relevant product/service to the participant’s address stated in the agreement within 30 business days at the latest.
4.2.6 If the participant is to benefit from live lesson sessions, the institution will notify the participant of the lesson schedule and of how they are to attend the lessons before the start date of the lessons. The institution will have performed its undertaking on the end date of the relevant lessons notified to the participant. 4.2.7 If the participant has purchased product(s) consisting of recorded lesson sessions, the institution will send the information required to watch them to the participant’s e-mail address. This information consists of the login passwords required to watch the products over the internet and the date until which they may be watched. Once the stated date is reached, the institution will have performed its undertaking. 4.3 DECLARATIONS AND UNDERTAKINGS OF THE PARTICIPANT 4.3.1 The participant declares that they have read and are aware of the preliminary information uploaded by the institution on the website (rekabetakademisi.com.tr) regarding the essential characteristics, the sale price and the method of payment of the product/service subject to the agreement, and regarding its performance, and that they have given the necessary confirmation electronically. Participants may submit their requests and complaints, in their capacity as consumers, using the institution’s contact details. 4.3.2 The participant is obliged to benefit from the product/service they have purchased.
4.3.3 All copyright in the presentations, images, texts and speeches contained in the product/service purchased by the participant belongs to the institution. The participant may not use the presentations, images, texts and speeches outside the conditions of the agreement without obtaining the institution’s permission. In the event of unauthorised collective screenings or use of the product/service, the participant carrying out the screening and, accordingly, the relevant organisation, company or institution, is obliged to pay the institution the usage fee required for each person taking part in the activity. A participant who gives out or shares the password details in question is responsible for the legal and criminal sanctions that will arise. It is strictly prohibited to reproduce, copy, publish or distribute, in any form of media, whether identically or as an excerpt, any visual material, presentations, audio, videos or any other related media taken from the product/service subject to the agreement. The accounts of participants who distribute without permission or who share their account will be cancelled and legal proceedings will be initiated against them.
4.3.4 By confirming this agreement and the preliminary information form electronically, the participant confirms that they have also obtained, accurately and in full, the address that must be provided to the consumer by the institution before distance contracts are concluded, the essential characteristics of the products/services ordered, the price of the products/services including taxes, and the payment and performance information. 4.3.5 The participant is obliged to pay the sale price of the product/service they have purchased by the method of payment they have chosen. The participant is entirely responsible for problems that may arise in connection with the bank with which they carry out credit card or payment transactions. 4.3.6 A participant who confirms the agreement is deemed to have consented to the sending by the institution of promotional announcements, advertisements and informational SMS messages of every kind. 4.4 DECLARATIONS AND UNDERTAKINGS OF THE INSTITUTION 4.4.1 The institution is obliged to provide the product/service subject to the agreement to the participant in full and in accordance with the characteristics stated in the order, in compliance with the “Consumer Legislation”.
4.4.2 If the institution is unable to provide the product/service subject to the agreement to the participant because of force majeure or extraordinary circumstances, it is obliged to notify the participant of the situation as soon as possible. 4.4.3 If someone other than the participant is to benefit from the product/service subject to the agreement, the institution cannot be held liable if that person does not accept the product/service.
4.4.4 If, where necessary, or where the cardholder is a different person, the credit card holder cannot be reached by the bank’s or the institution’s credit card security units on the telephone number registered in their systems in order to obtain approval, the institution may cancel the order in question in order to ensure the cardholder’s security.
4.4.5 For each order, bank records and the computer IP number are recorded, and in the event of any fraud the matter will be reported to the public prosecutor’s office and legal proceedings will be initiated against the owner of the IP responsible on the charge of fraud.
4.4.6 A participant who watches the product/service subject to the order at a large number of different IP addresses is warned by the institution, or their purchase of the service may be cancelled. No refund is made following cancellation.
4.4.7. The participant is obliged to comply fully with Law No. 5580 on Private Education Institutions of the Ministry of National Education, with its directives and with its disciplinary regulations. If, while benefiting from the product/service, the participant engages in conduct contrary to general discipline and to the rules of morality, the institution shall prevent their attendance at lessons while their ability to watch the live lessons continues. A participant whose registration for live broadcasts is cancelled on account of a disciplinary penalty remains obliged to pay the price of the product/service set out in the agreement.
ARTICLE 5 – RIGHT OF WITHDRAWAL 5.1 The institution will start the product/service it offers in the form of live training once there are at least 12 participants in the relevant lesson group. Otherwise, it will refund the participants’ payments and cancel the product/service subject to the agreement.
5.2 A participant who wishes to cancel the product/service subject to the order in relation to live lessons may do so by making a written application up to 15 days before the start date for use of the product/service notified to them by the institution. For a participant who applies to the institution within 7 days from the start date, the cancellation condition for the product/service is as follows: “10% of the Product Price + (Product Price / Total Hours) * Lesson Hours Used”. The amount so determined is transferred to the participant’s account upon cancellation of the order. If the product/service subject to the order consists of video recordings, in order for it to be cancelled the participant must notify the institution of this on the same day as the purchase. In these cancellation cases, the training fee is refunded to the participant excluding VAT and, where there is a credit card commission, after deduction of the commission fee. If more than 7 days have passed since the start of use of the service, no refund is made.
5.3 No refund is made to a participant who is unable to benefit from the product/service subject to the agreement because they provided incomplete or invalid information and documents.
5.4 Natural disasters defined by law, war, mobilisation, fire, explosion, strike, lockout, revocation of authorisation, suspension, decisions taken by official authorities, and circumstances arising outside the institution’s control, occurring in such a manner and to such a degree as to halt the institution’s ability to operate in whole or in part, temporarily or permanently, are deemed force majeure. In the face of such circumstances, the institution shall not be liable for the non-performance or the late performance of its obligations for the duration of the force majeure. The institution will notify the participant of the situation immediately after the occurrence of the force majeure, in writing or through other communication channels. In the event of a change in the applicable legislation, or of the suspension or postponement of the examination, the product/service will be treated in parallel.
5.5 Whether or not any official or private examination is held has no connection whatsoever with the institution. For this reason, the participant may not request cancellation of the product/service subject to the agreement on the ground that an examination will not take place; the participant undertakes that they confirmed the agreement in the knowledge of this. ARTICLE 6 – CONFIDENTIALITY AND NON-COMPETITION The parties accept, declare and undertake that, both during the term of the agreement and even in the event of the expiry or termination of the agreement, they will not disclose to third parties, and will fully preserve the confidentiality of, the trade secrets and information of a private nature arising from the activities subject to this agreement that they have obtained directly and/or indirectly in relation to the other party during their work together, together with commercial results, statistical information, information belonging to the institution, distance learning information and computer/internet passwords, documents, training documents and similar records, and expert knowledge. Requests for information from official institutions and organisations whose provision is legally mandatory shall be assessed outside the scope of this article. Requests for information of this kind from official institutions and organisations shall be notified to the institution by the participant. ARTICLE 7 – COMPETENT COURT 7.1 In the resolution of every kind of dispute that may arise from this agreement and/or from its application, the institution’s records (including records in magnetic media, such as computer audio and video recordings) shall constitute conclusive evidence. Consumer Arbitration Committees have jurisdiction up to the value announced by the Ministry of Science, Industry and Technology, and above that value the İzmir Consumer Courts and Enforcement Offices have jurisdiction. 7.2 Where matters not covered by the agreement are encountered, the relevant legislation of the law or institution concerned shall apply. Pursuant to Article 9/A, paragraph 2 of Law No. 6502 as amended by Law No. 4882, and to Articles 5 and 6 of the Regulation on Distance Contracts, the participant accepts, undertakes and declares that they have read and are aware of the preliminary information and have given the necessary confirmation electronically. As a consumer/participant, I have read, understood and accepted all the matters written in this preliminary information document consisting of 5 (five) pages, and I have approved and confirmed all these matters.