1. 1. PARTIES AND DEFINITIONS

SELLER: İpek Işık

Title: İpek Işık

Address:

Customer Service: +90 531 939 59 34

E-mail: ipekisikcom@gmail.com

Website: ipekisik.com

BUYER: Name

Surname:

Phone: E-mail:

The BUYER is the person using the digital product with educational content that is the subject of this Agreement. The Buyer accepts and undertakes that the information provided during the establishment of this agreement is complete and accurate, and that the digital product subject to the agreement will not be used for any unlawful purpose.

2. SUBJECT

The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale of the Product, which has the qualities mentioned in this Agreement and the Pre-Information Form, which the BUYER has purchased electronically from the https://ipekisik.com/ website belonging to the SELLER.

The product offered to the BUYER within the scope of this Agreement is the educational content included in the digital product content they have chosen.

The BUYER acknowledges and declares that they are informed about all preliminary information about the Product, such as its basic features, sales price, payment method, and that they have approved this preliminary information electronically and subsequently purchased the Product electronically in accordance with the provisions of this Agreement. The Pre-Information Form, the End User License Agreement for the Product, and the invoice containing the price of the Product to be sent on behalf of the BUYER are an integral part of this Agreement.

3. PRODUCT FEATURES AND PRICE

The BUYER includes unique and registered digital content educational services, the features of which are detailed below in this Distance Sales Agreement and the Pre-Information Form. The Product Price includes all taxes.

Product Name Product Content Total Amount

Other features and usage conditions of the purchased Product are specified in the information on the https://ipekisik.com/ website and in the Pre-Information Form.

The digital product belonging to the SELLER, which is the subject of this Agreement, has been presented to the BUYER in a limited and temporary manner within the framework of the conditions in the agreement.

4. PRODUCT USAGE PERIOD

There is no product usage period; it is accessible for life from the date of purchase by the BUYER.

5. RIGHT OF WITHDRAWAL

The PRODUCT subject to this Agreement is digital content including online and recorded educational services. In this respect, pursuant to Article 15/ğ of the Distance Contracts Regulation prepared based on the Consumer Protection Law No. 6502, the BUYER does not have the right of withdrawal due to falling within the scope of “contracts for services performed instantly in electronic environment or intangible goods delivered instantly to the consumer”.

6. PAYMENT METHOD

Payment can be made by one of the following methods:

6.1. Payment by Wire Transfer/EFT: It is the payment method made by sending the Product Price to the bank account number of the SELLER on the https://ipekisik.com/ page or by selecting the “Pay with Wire Transfer/EFT” payment method and continuing the purchase. The SELLER is not responsible for any wire transfer or EFT fees.

6.2. Payment by Credit Card: It is the payment method made by using a credit card by following the payment steps of the Product to be purchased on the https://ipekisik.com/ page. In this method, the Product Price is collected by the authorized electronic payment provider institution. If the BUYER chooses the installment payment method, the maturity difference to be applied by the payment provider institutions on the Product Price specified in this Agreement and the Pre-Information Form may be reflected to the BUYER. The SELLER has no responsibility for this maturity difference fee, and this situation arises entirely from the contractual relationship between the BUYER and the payment provider institution.

If this payment method is chosen, the Product Price is collected by the authorized electronic payment provider institution. If the installment payment method is chosen, the payment is made over the cash price, and the maturity difference arising from the payment provider institution is not reflected to the BUYER.

After the payment transaction is approved, the trainings are made available for use.

7. DELIVERY OF THE PRODUCT, FORM OF PERFORMANCE

After the BUYER reads and approves the Pre-Information Form regarding the Product they purchased, reads and approves the Distance Sales Agreement, and completes the payment for the Product price, the sale is considered completed without the need for any further action. In this way, the Product will be made available for internet access to the BUYER or the person the BUYER has specified to benefit from the Product (“User”) within the specified time, period, and conditions, and at this moment, the Product will be considered delivered to the BUYER.

The BUYER is obliged to enter the User’s information completely and accurately, and the SELLER is not responsible if the Product cannot be made available for use due to the BUYER providing incomplete or incorrect information. The BUYER accepts that the necessary information regarding the processing of personal data of the User has been provided by the SELLER during the establishment of this Agreement, that they are authorized to share the personal data of the User that they share with the SELLER in this context, that they have fulfilled the necessary enlightenment obligation under the KVKK (Personal Data Protection Law) to the User (and obtained explicit consent if necessary), and thus all responsibility lies with them.

8. BUYER’S RIGHTS, DECLARATIONS, AND OBLIGATIONS

8.1. The BUYER declares that they have read, understood, and accepted all preliminary information about the Product before purchasing it. By purchasing the said Product, the BUYER has obtained the right to use and benefit within the limits and conditions specified in the Pre-Information Form and the agreement. The BUYER accepts and declares that they will use the purchased Product in accordance with all legislation, this Agreement, the Pre-Information Form, and the End User License Agreement, that they will not copy, reproduce, process, distribute, communicate to the public, retransmit the Product, and that they will comply with all obligations imposed on them within the framework of the limitations brought to them in the Intellectual and Artistic Works Law No. 5846 on this matter. In case the BUYER violates the obligations under this Agreement or the End User License Agreement, the SELLER reserves the right to terminate this Agreement and the End User License Agreement, to terminate the use of the digital content provided to the BUYER, and to close or restrict the BUYER’s digital access.

8.2. The Digital Product requires internet access. The provision, quality, and security of the said internet connection are the responsibility of the USER. The Buyer accepts and declares that the SELLER will not be responsible under any circumstances for hardware deficiencies of their electronic device(s); problems arising from internet quality or access.

8.3. The Buyer accepts and declares that if they engage in behaviors that are contrary to general morality and public order, including to any employee of İpek Işık, the use of the digital product may be unilaterally terminated by the SELLER, and they may be removed from the system.

8.4. The BUYER accepts and declares that they are responsible for all actions they perform while using the digital product.

8.5. The BUYER accepts, declares, and undertakes that they will exercise necessary care and attention to keep the password and Username confidential, will not disclose the password and Username to any third party, will not allow any third party to use the digital product, that the digital product will only be used by themselves, will not rent the digital product to a third party, will not sell it, will not use it for commercial purposes in any way, will not publish it on social media platforms and other websites, will not share all or any part of the product on another platform, will not communicate with the trainers who carry out educational activities in the digital product outside the usage limits of the digital product. The SELLER reserves the right to resort to compensation provisions and/or penal provisions in accordance with the Turkish Code of Obligations, Turkish Commercial Code, and relevant legislation due to the damages suffered by the SELLER due to this violation.

The Buyer accepts, declares, and undertakes that they will immediately notify the SELLER if they learn or suspect that their password has been captured by unauthorized third parties.

8.6. The Buyer accepts, declares, and undertakes that they will immediately and without delay inform the SELLER in case of any privacy breach while using the digital product.

8.7. The Buyer accepts, declares, and undertakes that the SELLER will not have any responsibility if the product cannot be used due to reasons beyond the SELLER’s control, that they will not claim any compensation or any other claim from the SELLER under any name, claiming that their system has been damaged due to their use or download of the paid content they have purchased, or that malicious codes such as viruses have infected their system due to the downloaded content.

8.8. The Buyer accepts, declares, and undertakes that the software required to view the digital contents they have purchased due to purchasing the product offered by the SELLER is legally licensed, otherwise, the SELLER has no responsibility for any problems that may arise from the use of unlicensed software.

8.9. In case the Buyer has limited incapacity, it is accepted that valid and legal permission has been given by their guardian/custodian for the Buyer to be a party to the Agreement. The SELLER will not be responsible for any claims to the contrary, and the BUYER will be directly responsible for all damages that will occur to the SELLER in this case.

8.10. The Buyer accepts, declares, and undertakes to pay a penalty of 4,000,000 TL (four million TL) to the SELLER without the need for any court decision if they violate the intellectual property rights of the SELLER and its suppliers with this Agreement, such as unauthorized copying, reproduction, distribution or display of the work, derivation by using it. The SELLER reserves all its rights to sue and/or claim compensation in accordance with the Turkish Code of Obligations, Turkish Commercial Code, Competition Provisions, and relevant legislation due to the damages suffered from this violation, in addition to the provisions that stipulate crimes or penalties within the framework of the relevant legislation.

9. SELLER’S RIGHTS, DECLARATIONS, AND OBLIGATIONS

9.1. The SELLER is responsible for the Product subject to this Agreement to comply with the qualities specified in the Pre-Information Form AND AGREEMENTS. The BUYER is responsible for all applications provided by third parties for running the digital content related to the products provided by the SELLER on the BUYER’s mobile or desktop devices.

9.2. The SELLER is obliged to ensure the continuity of benefiting from the Product it provides within the scope of this Agreement, Pre-Information Form, and End User License Agreement throughout the license period, except for the existing force majeure events in the Pre-Information Form. The BUYER’s inability to access digital content on days other than the total usage license period due to changes in curriculum, etc., for the purposes of changing, updating, and improving the content of the Product will not mean a violation of continuity.

9.3. If the presentation of the product becomes impossible due to a force majeure reason not originating from the Seller, the Seller will be obliged to notify the buyer within 3 (three) days from the date it learns that the performance of the agreement is impossible and to stop the service during this period. The Seller is also obliged https://ipekisik.com/ or through another method it will determine.

9.4. Digital content may be closed to access on certain days due to software development, curriculum update, and similar reasons. The SELLER does not guarantee to the BUYER that the digital content is accessible 24 hours a day, 7 days a week, and does not provide any service or performance level commitment in this regard.

9.5. The SELLER will provide the Usage license that can be used for 1 year from the day this Agreement is established and will keep the digital content open for the BUYER’s use during this usage license period.

9.6. The SELLER will determine the success level of the User from time to time by evaluating the results of the tests solved by the User and will notify the User and, upon request, their parent.

9.7. The SELLER is only obliged to provide the BUYER with the products whose information is included in this Agreement and the Pre-Information Form, and does not make any commitment to success or a definite result to the BUYER/User. The effective use of the Product and all consequences of this use are the responsibility of the BUYER, and the SELLER is not responsible in any way for the Product not meeting the subjective expectation of the BUYER and for direct or indirect damages that may arise from these reasons.

9.8. The SELLER will not be responsible in any way for losses or damages incurred as a result of any content provided with the Product, data loss, or any error, damage, or deterioration in any music, image, photograph, software, equipment, or content, or for any copyright and/or property right infringement that will occur as a result of the use of the Product by the BUYER.

9.9. The SELLER has the authority to make changes, remove content it deems inappropriate, and/or add new content, update content to make it compatible with the curriculum, on all kinds of digital and printed content provided with the Product, entirely at its own discretion.

9.10. If the BUYER does not pay for the educational program they purchased or cancels it in bank records, the SELLER’s obligation to make the digital content containing the educational program available to the Buyer ends.

9.11. After the digital content containing the educational program is made available to the BUYER, if it is determined that the credit card the BUYER used for payment was unfairly used by unauthorized persons and the sold program fee is not paid to the SELLER by the relevant bank or financial institution, the SELLER terminates the agreement.

9.12. The SELLER cannot be held responsible under any circumstances for internet connection, device, technical, and user-related problems that are not directly related to the digital product. Moreover, the SELLER does not guarantee that the software on which the digital product is based will work flawlessly and uninterruptedly.

9.13. The SELLER is only obliged to provide the BUYER with the Product whose information is included in this Agreement and the Pre-Information Form, and does not make any commitment to success or a definite result to the BUYER. The SELLER is not responsible in any way for the Product not meeting the subjective expectation of the BUYER/USER and for direct or indirect damages that may arise from these reasons.

9.14. The SELLER has the authority to make changes, remove necessary content within reasonable limits, and/or add new content, update content to make it compatible with current educational programs without prior notice, entirely at its own discretion, on all kinds of digital content provided with the Product.

9.15. The SELLER reserves the right to terminate this Agreement, end the use of the digital content provided to the Buyer, and close, restrict, or suspend the Buyer’s access to the digital content due to the Buyer’s action or transaction that violates the provisions of this Agreement.

10. COMMERCIAL ELECTRONIC MESSAGES – USE OF PERSONAL DATA

The BUYER can make notifications without the BUYER’s permission during the stages of payment and correction of malfunction-error situations due to the fulfillment of the service related to the Product. The Seller can send commercial messages to the Buyer.

After giving consent to send commercial messages, the BUYER can refuse to receive these messages at any time. The sending of commercial electronic messages is stopped within 3 (three) business days from the date the refusal request reaches the SELLER through one of the communication channels written in this Agreement.

Within the framework of the Personal Data Protection Law No. 6698 and related legislation, the Seller can evaluate, analyze your personal, educational, system usage data and other information without compromising your security, share it with third parties when necessary, and use this data in usage evaluation applications and marketing, classify it anonymously on a database and keep it indefinitely to fulfill its own obligation and for some statistical evaluations. In order for the Product to provide personalized service, it is necessary to obtain your Turkish Republic ID Number and date of birth information during membership registration. Without this information, it is not possible for you to access the digital content. A comprehensive information text has been prepared on this subject. The Information Text prepared within the scope of the Personal Data Protection Law can be accessed at https://ipekisik.com/.

11. OTHER PROVISIONS

In the event that any of the provisions in this Agreement are invalid, this invalidity will not extend to the entire agreement and the agreement will remain valid with its other provisions.

12. COMPETENT COURT

The BUYER can apply to the Consumer Arbitration Committee or the Consumer Court in the place of residence in disputes arising from or related to this Agreement, according to the conditions and legal nature of the situation.

13. TERMINATION AND CANCELLATION OF THE AGREEMENT

This Agreement automatically terminates (including services provided with the product) 1 year after the date of purchase by the BUYER.

The SELLER can immediately terminate the Agreement if the BUYER does not fulfill their obligations arising from this Agreement in the manner specified in this Agreement, the Pre-Information Form, and the End User License Agreement. In this case, the BUYER cannot claim any fee from the SELLER.

In addition, the SELLER may decide to stop offering the Product subject to this Agreement to the BUYER, depending on changes in its business models and entirely at its own decision. In this case, the amount to be obtained by multiplying the Product Price by the ratio to be found by dividing the termination date by the total duration of the Agreement will be refunded to the BUYER. The BUYER will not have the right to claim any fee under any name whatsoever other than this.

14. EFFECTIVENESS OF THE AGREEMENT

This Agreement will come into force with all its terms and conditions when it is read and approved electronically by the BUYER. The BUYER has read and approved the Agreement, being aware of this matter.

The purchased educational program, its sale and use are subject to the provisions of the Consumer Protection Law, the Distance Contracts Regulation, and the provisions of related legislation.