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Terms of Service

Effective: April 10, 2023

 

Thanks for signing up with our Community and subscribing to our Portal.

 

These Terms of Service (“Terms”) apply to your access to and use of the Portal, learning opportunities, resources, (future) mobile applications and other online products and services (collectively, the “Services”) provided by Edu-Enişte ( (“Edu-Enişte” or “we”). By clicking your consent (e.g. “Continue,” “Sign-in,” or “Sign-up,”) or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in the Resolving Disputes; Binding Arbitration Section.

 

Our Privacy Policy explains how we collect and use your information while our Rules outline your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms and our Rules.

 

Please also see our Privacy Policy for information about how we collect, use, share and otherwise process information about you.

 

If you have any questions about these Terms or our Services, please contact us at support@edueniste.com.

 

Your Account and Responsibilities

 

You’re responsible for your use of the Services and any content you provide, including compliance with applicable laws. Content on the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

 

Your use of the Services must comply with our Rules.

 

You will need to subscribe to the Portal for an account to access some or all of our Services. Help us keep your account protected. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others.

 

If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case, the words “you” or “your” in these Terms include that other person or entity.

 

If you use the Services to access, collect, or use personal information about other Portal users (“Personal Information”), you agree to do so in compliance with applicable laws. You further agree not to sell any Personal Information where the term “sell” has the meaning given to it under applicable laws.

 

For Personal Information you provide to us (e.g. as a Course Designer, Programme Participant or Blog Writer, etc.), you represent and warrant that you have lawfully collected the Personal Information and that you or a third party has provided all required notices and collected all required consents before collecting the Personal Information. You further represent and warrant that the Portal’s use of such Personal Information in accordance with the purposes for which you provided us with the Personal Information will not violate, misappropriate or infringe any rights of another (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.

 

User Content on the Services

 

We may review your conduct and content for compliance with these Terms and our Rules and reserves the right to remove any violating content.

 

Edu-Enişte reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others and to terminate accounts of repeat infringers. We respond to notices of alleged copyright infringement if they comply with the law; please report such notices using our Copyright Policy.

 

Rights and Ownership

 

You retain your rights to any content you submit, post or display on or through the Portal.

Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Portal, you grant Edu-Enişte a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Portal.

 

We need this license because you own your content, and Edu-Enişte, therefore, can’t display it across its various surfaces (i.e., mobile, web) without your permission.

 

This type of license also is needed to distribute your content across our Services. For example, you upload a micro-blog post on the Portal. It is reproduced as versions on both our website and (future) app and distributed to multiple places within the Portal, such as the landing page, newsletter or our various reading repositories. A modification might be that we show a snippet of your work (and not the full post) in a preview, with attribution to you. A derivative work might be a list of top authors or quotes on the Portal that uses portions of your content, again with full attribution. This license applies to our Services only and does not grant us any permissions outside of our Services.

 

So long as you comply with these Terms, the Portal gives you a limited, personal, non-exclusive, and non-assignable license to access and use our Services.

 

The Services are protected by copyright, trademark, and other laws within the Republic of Türkiye. These Terms don’t grant you any right, title or interest in the Services, other users’ content on the Services, or Edu-Enişte trademarks, logos or other brand features.

 

Separate and apart from the content you submit, post or display on our Services, we welcome feedback, including any comments, ideas and suggestions you have about our Services. We may use this feedback for any purpose, at our sole discretion, without any obligation to you. We may treat feedback as non-confidential.

 

We may stop providing the Services or any of its features within our sole discretion. We also retain the right to create limits on use and storage and may remove or limit content distribution on the Services.

 

Membership Terms of Service

 

The Edu-Enişte Portal (“Edu-Enişte”) allows you to access its learning opportunities, resources, and content in exchange for a one-time or recurring fee, as applicable (the “Portal Services”). Your transactions and any other use of the Portal Services are subject to these Edu-Enişte Membership Terms of Service (“Membership Terms of Service”). By using a Member Service, you agree to (1) these Membership Terms of Service; and (2) Edu-Enişte’s Terms of Service, Privacy Policy, and Rules, and all other terms and conditions that generally apply to the Edu-Enişte website (all of these together are the “Terms”). Please read the Terms carefully. If you don’t understand them or don’t accept any part of them, then you’re not allowed to use the Portal Services.

 

Fees. Subscription fees for the Portal Services are recurring payments (except where identified as otherwise). The term is annual (a 12-month basis), as described in the course of the transaction. Your subscription begins upon payment of your subscription fees. The subscription renews annually as applicable upon the payment of automatically recurring subscription fees. Annual fees are charged on the same day of the month that the subscription began. (For example, if a subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that doesn’t have that many days.)

 

Payment. Edu-Enişte accepts payment via the current payment method indicated at the time of purchase, which may include credit card, İyizico, and any other form of payment that we make available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement, whether with Edu-Enişte, İyizco, Stripe, Google, or another third party, that governs your use of a given payment processing method. Prices for Portal Services may change at any time, and Edu-Enişte does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Portal Services that you order (except during a free trial period). Edu-Enişte’s approved credit or debit card partners will charge your credit card or another form of payment for the price listed on the relevant Portal Services offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that Edu-Enişte will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, Edu-Enişte reserves the right to immediately revoke your access to any Portal Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, Edu-Enişte may cancel your subscription.

 

Taxes. If Edu-Enişte is required to collect or pay any taxes in connection with your purchase of Portal Services, such taxes will be charged to you at the time of each purchase transaction or at other appropriate time as applicable. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of Portal Services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.

 

Cancellations and Refunds. You can cancel your Portal Services at any time. If you purchase a subscription to Portal Services that automatically renews, you may cancel the subscription any time before the end of the current billing period, and the cancellation will take effect on the next billing period, except as otherwise communicated to you by Edu-Enişte. You will retain access to the Portal Services from the time you cancel until the start of the next billing period and will not receive a refund or credit for any remaining days in your current billing period. Subscription fees paid are final and nonrefundable unless otherwise determined by the Edu-Enişte. If Edu-Enişte reasonably determines that a user has violated these Membership Terms of Services, Edu-Enişte may immediately terminate the subscription and the user’s access to Portal Services without notice and without refund

 

License. Your use of the Portal Services must be only for personal, non-commercial use. You agree not to use any Member Service, in whole or in part, in connection with any public presentation, even if no fee is charged (except where such use would not constitute a copyright infringement). You are receiving a non-exclusive license to access the Portal Services, and all rights, title and interest in the Portal Services (including any content offered through the Portal Services) not expressly granted to you in these Terms are reserved by Edu-Enişte and its licensors. If Edu-Enişte reasonably determines that you violated any part of the Membership Terms of Service, your rights under this Section will immediately terminate, and Edu-Enişte may terminate your access to the Portal Services and/or your Edu-Enişte account without notice and without refund to you.

 

Restrictions. When you use the Portal Services, you may not (or attempt to):

 

·       use any part of the Portal Services in an illegal manner or for an illegal purpose;

·       share your Edu-Enişte account password with someone else to allow them to access any part of the Portal Services that such person did not order;

·       copy, sell, rent, or sublicense the Portal Services to any third party;

·       circumvent, reverse-engineer, modify, disable, or otherwise tamper with any security technology that Edu-Enişte or any third-party uses to protect the Portal Services or encourage or help anyone else to do so;

·       access the Member Service other than by means authorized by Edu-Enişte; or
remove any legal notices or labels on Portal Services;

·       present any false, inaccurate or misleading information in an effort to misrepresent your location or place of residence, and you will not attempt to circumvent any restrictions on access to or availability of the Portal Services or content available within the Portal Services.

 

Changes or Discontinuation of Portal Services. Edu-Enişte reserves the right to change the availability of Portal Services. In addition, we reserve the right to modify, suspend, or discontinue any Member Service with or without notice to you, and we will not be liable to you or any third party for any such modifications, suspension, or termination.

 

Removal or Unavailability of Content. In certain cases, the content available within a Member Service may become unavailable due to restrictions from our licensors or other legal or policy reasons. Edu-Enişte will have no liability to you for any such unavailability.

 

Changes to the Membership Terms of Service. We may change these Membership Terms of Service from time to time, so we encourage you to periodically review the most up-to-date version. If you refuse to accept the updated Membership Terms of Service, then Edu-Enişte reserves its right to discontinue your use of the Portal Services.

 

Communications. By using the Portal Services, you consent to receive communications from us, including marketing communications such as newsletters about Edu-Enişte features and content, special offers, promotional announcements, and customer surveys, to your registered email address or via other methods. If you no longer want to receive such communications, simply go to the “Settings” tab on your account page (https://Edu-Enişte.com/me/settings) to manage your Edu-Enişte communications. Please review our Privacy Policy for further details.

 

Other Terms. You acknowledge and agree that certain content available in the Portal Services may be considered offensive to some people and that such content may not be labelled as such. Additionally, certain descriptions of Portal Services or content available in the Portal Services are not guaranteed to be accurate. You agree to use the Portal Services at your own risk, and subject to applicable laws, Edu-Enişte will have no liability to you for any content that you find offensive.

 

You agree that you are solely responsible for (and that Edu-Enişte has no responsibility to you for) your use of any Portal Services, any breach of your obligations under the Membership Terms of Service, and for the consequences (including the loss or damage of any kind which Edu-Enişte may suffer) of any such breach.

 

You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing us with a valid credit card or other forms of payment acceptable to Edu-Enişte.

You acknowledge that your online acceptance of these or any other terms constitute a binding agreement between you and Edu-Enişte and signify your intent to be bound to such online acceptances. Subject to applicable laws, in no event will Edu-Enişte’s liability for any and all causes of action brought by you or any agent of yours arising from or related to the services exceed the payments actually received and retained by Edu-Enişte from you for the Portal Services.

 

Unless not permitted by applicable law, you acknowledge and agree that these Membership Terms of Service, your transaction for the Portal Services, and your relationship with Edu-Enişte under these Membership Terms of Service shall be governed by the laws of the Republic of Türkiye, without respect to its conflict of laws principles, and any claim or dispute that arises in whole or in part from your use of the Edu-Enişte Services, including the Portal Services, will be decided exclusively by a court of competent jurisdiction located in Antalya, in the Republic of Türkiye.

 

Termination

 

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.

 

Transfer and Processing of Data

 

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the US, EU and other countries, where you may not have the same rights and protections as you do under local law in Türkiye.

 

Indemnification

 

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Edu-Enişte and our officers, directors, partners and employees (individually and collectively, the “Edu-Enişte Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify Edu-Enişte Parties of any third-party Claims, cooperate with Edu-Enişte Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Edu-Enişte Parties will have control of the defence or settlement, at Edu-Enişte’s sole option, of any third-party Claims.

 

Disclaimers — Service is “As Is”

 

Edu-Enişte aims to give you great Services, but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Edu-Enişte doesn’t represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from Edu-Enişte or through the Services will create any warranty or representation not expressly made in this paragraph. Edu-Enişte may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk.

 

Some locations don’t allow the disclaimers in this paragraph, and so they might not apply to you.

 

Limitation of Liability

 

We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Edu-Enişte or the other Edu-Enişte Parties in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.

 

In countries where exclusions or limitations of liability are allowed, Edu-Enişte and Edu-Enişte Parties won’t be liable for:

 

(a) Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if Edu-Enişte or the other Edu-Enişte Parties have been advised of the possibility of such damages.

 

(b) Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of Edu-Enişte and the other Edu-Enişte Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $10.00 USD or the amount paid by you to use our Services.

 

You agree that you are solely responsible for (and that Edu-Enişte has no responsibility to you for) your use of any Portal Services, any breach of your obligations under the Membership Terms of Service, and for the consequences (including the loss or damage of any kind which Edu-Enişte may suffer) of any such breach.

 

You acknowledge and agree that you are responsible for paying all fees in a timely manner and for providing us with a valid credit card or other forms of payment acceptable to Edu-Enişte. You further acknowledge that your online acceptance of these or any other terms constitute a binding agreement between you and Edu-Enişte and signify your intent to be bound to such online acceptances. Subject to applicable laws, in no event will Edu-Enişte’s liability for any and all causes of action brought by you or any agent of yours arising from or related to the services exceed the payments actually received and retained by Edu-Enişte from you for the Portal Services.

 

Unless not permitted by applicable law, you acknowledge and agree that these Membership Terms of Service, your transaction for the Portal Services, and your relationship with Edu-Enişte under these Membership Terms of Service shall be governed by the laws of the Republic of Türkiye, without respect to its conflict of laws principles, and any claim or dispute that arises in whole or in part from your use of the Edu-Enişte Services, including the Portal Services, will be decided exclusively by a court of competent jurisdiction located in Antalya, in the Republic of Türkiye.

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