DISTANCE LEARNING SALES AGREEMENT
This “DISTANCE LEARNING AGREEMENT” has been executed between the INSTITUTION (KURUM) whose title and address are stated below and the USER (KULLANICI) who has read the agreement and approved it via the acceptance link, under the terms set forth herein, entirely by their own will and free consent. The provisions of the agreement are as follows:
ARTICLE 1 – PARTIES
1.1 SELLER
Title: Urcan Onur Kılınç – Matematik Ofisi, www.matematikofisi.net (hereinafter referred to as the “INSTITUTION”)
Address: Kızılay Mahallesi Sümer 1 Sokak 8/6 Çankaya – Ankara
Phone: +90 532 255 43 92
E-mail: onur@matematikofisi.net
1.2 BUYER
(hereinafter referred to as the “USER”)
Full Name:
Turkish ID No. (T.C. Kimlik No.):
Address:
Mobile Phone:
E-mail:
ARTICLE 2 – SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties, pursuant to the provisions of the Turkish Law No. 4077 on the Protection of Consumers and the Regulation on the Procedures and Principles of Distance Contracts, regarding the sale of the service ordered by the USER via the internet, the details and specifications of which are stated on the invoice.
ARTICLE 3 – INFORMATION ON THE PRODUCT/SERVICE SUBJECT TO THE AGREEMENT
The product/service subject to this agreement consists of educational video recordings/live lesson applications and broadcasts purchased by the USER from the INSTITUTION according to their preference via the internet, and which the USER may benefit from online until a specified date.
ARTICLE 4 – GENERAL PROVISIONS
4.1 LEGAL RESPONSIBILITIES OF THE INSTITUTION AND THE USER
4.1.1 The USER declares that they have read and are informed about all preliminary information regarding the essential characteristics of the product/service subject to the agreement, the sale price, payment method, and terms of use, as stated on the invoice, and that they have provided the required confirmation electronically.
4.1.2 If a person other than the USER who approved the agreement will benefit from the product/service, the INSTITUTION shall not be held responsible if that person does not accept the product/service.
4.1.3 The INSTITUTION is responsible for providing the product/service in full to the USER within the time/date stated in accordance with the preliminary information on the website. However, the INSTITUTION cannot be held responsible if the USER cannot access the purchased product/service due to problems arising from the USER’s own internet connection, technical infrastructure, computer/mobile phone/tablet, etc.
4.1.4 In order for the product/service subject to the agreement to be provided to the USER, the USER must complete all sales steps offered on the INSTITUTION’s website fully and accurately, and must read the relevant clauses and tick/mark the approval fields.
4.1.5 If the USER cannot pay the price of the product for any reason during credit card/bank transfer transactions, the INSTITUTION terminates the USER’s access to and/or sale of the product/service in question.
4.2 DELIVERY AND USE OF THE PRODUCT/SERVICE
4.2.1 To purchase the product/service offered for sale by the INSTITUTION, the USER must become a member of the website where the sales transactions are conducted (www.matematikofisi.net).
4.2.2 The agreement enters into force after the USER completes and confirms the sales steps on the INSTITUTION’s website (www.matematikofisi.net).
4.2.3 The product/service may be purchased by credit card or bank transfer. Your bank may implement installment plans exceeding the number you selected, or offer services such as installment deferrals; such campaigns are at the bank’s discretion. Starting from your credit card statement closing date, the total order amount will be divided by the number of installments and reflected on your statement by your bank. Your bank may not distribute installment amounts equally across months due to rounding differences. The creation of your detailed payment plan is at your bank’s discretion.
On the other hand, since installment sales can be made only with bank-issued credit cards, the USER accepts, declares, and undertakes that they will separately confirm interest rates and default interest information with their bank, and that in accordance with current legislation, interest and default interest provisions will apply within the scope of the credit card agreement between the bank and the USER.
4.2.4 A USER whose agreement is approved without any issues will receive an informational message to their e-mail address stating that the purchase request has been received by the INSTITUTION.
4.2.5 If the purchase of the product/service is completed without issues, the INSTITUTION will send the invoice for the relevant product/service to the USER’s e-mail address stated in this agreement within a maximum of 30 business days.
4.2.6 If the USER will benefit from live/interactive lesson applications, the INSTITUTION will inform the USER of the schedule and how to attend the lessons before the start date. The INSTITUTION will be deemed to have fulfilled its obligation when the relevant lessons end on the date notified to the USER.
4.3 USER’S DECLARATIONS AND UNDERTAKINGS
4.3.1 The USER declares that they have read and are informed of the preliminary information uploaded by the INSTITUTION on the website (www.matematikofisi.net) regarding the essential characteristics of the product/service, the sale price and payment method, and performance/use conditions, and that they have provided the required confirmation electronically. Users, acting as consumers, may submit their requests and complaints to the INSTITUTION through the provided contact information.
4.3.2 The USER is obliged to make use of the purchased product/service.
4.3.3 All copyrights of interactive teachings, videos, online trial exams, teaching materials, presentations, visuals, texts, and speeches contained within the purchased product/service belong to the INSTITUTION. The USER may not use such content outside the agreement terms or without permission from the INSTITUTION.
If unauthorized public/collective screenings or use occur, the USER who performs the screening and the related organization/company/institution are obliged to pay the required usage fee to the INSTITUTION for each participant. The USER who provides or shares password information is responsible for any legal and criminal sanctions that may arise.
It is strictly prohibited to reproduce, copy, publish, or distribute in any media format—either identically or in quoted form—any visual materials, presentations, audio, videos, or any other media extracted from the product/service. Users who distribute without permission or share accounts will have their accounts cancelled and legal action will be initiated against them.
4.3.4 By confirming this agreement and the preliminary information form electronically, the USER confirms that they have obtained correctly and completely the address, essential characteristics of the ordered products/services, prices including taxes, payment and performance information that must be provided to the consumer by the INSTITUTION prior to concluding a distance contract.
4.3.5 The USER is obliged to pay the purchase price of the product/service using the selected payment method. The USER is fully responsible for any issues related to their bank involved in credit card or payment transactions.
4.3.6 The USER who approves the agreement is deemed to have granted permission for the INSTITUTION to send any promotional announcements, advertisements, and informational SMS messages.
4.4 INSTITUTION’S DECLARATIONS AND UNDERTAKINGS
4.4.1 The INSTITUTION is obliged to provide the product/service subject to the agreement to the USER in accordance with consumer legislation, in full and in conformity with the characteristics stated in the order.
4.4.2 If the INSTITUTION cannot provide the product/service due to force majeure or extraordinary circumstances, it must inform the USER as soon as possible.
4.4.3 If a person other than the USER benefits from the product/service and such person does not accept the product/service, the INSTITUTION shall not be held responsible.
4.4.4 If the bank’s or the INSTITUTION’s credit card security units deem it necessary, or if the cardholder is different, and the cardholder cannot be reached via the phone number registered in the system for approval, the INSTITUTION may cancel the relevant order in order to protect the cardholder’s security.
4.4.5 For each order, bank records and the computer IP number are recorded; in case of fraud, the matter will be reported to the public prosecutor and legal action will be initiated against the responsible IP holder for fraud.
4.4.6 If the USER watches/accesses the ordered product/service from many different IP addresses, the USER may be warned by the INSTITUTION or the service may be cancelled. No refund will be made after cancellation.
4.4.7 If the USER acts contrary to general discipline and moral rules during use of the product/service, their participation in live lessons may be blocked while their ability to watch live lessons continues. The USER whose registration for live broadcasts is cancelled due to disciplinary action is obliged to pay the product/service fee stated in the agreement.
ARTICLE 5 – RIGHT OF WITHDRAWAL / CANCELLATION
5.1 The INSTITUTION will start the product/service provided as live instruction when there is at least one USER in the relevant class group.
5.2 The USER who wishes to cancel the service subject to the order for live lessons may cancel their ticket by contacting the INSTITUTION up to 3 hours before the live lesson begins, after purchasing the ticket. If less than 3 hours remain before the live lesson begins, the ticket cannot be cancelled and no refund will be issued even if the USER does not attend the lesson.
5.3 No refund will be made to the USER who cannot benefit from the product/service subject to the agreement due to incomplete or invalid information provided by the USER.
5.4 Events specified by law such as natural disasters, epidemics, war, mobilization, fire, explosion, strike, lockout, cancellation of authorization, suspension, decisions taken by public authorities, and other circumstances beyond the INSTITUTION’s control that partially or completely, temporarily or permanently stop the INSTITUTION’s ability to operate are considered force majeure. In such cases, the INSTITUTION shall not be responsible for failure or delay in fulfilling its obligations during the period of force majeure. The INSTITUTION will notify the USER immediately in writing or via other communication channels after the occurrence of force majeure.
5.5 Whether any official or private exam is held or not is in no way related to the INSTITUTION. Therefore, cancellation of the product/service subject to the agreement cannot be requested by the USER on the grounds that an exam will not take place; the USER undertakes that they approve the agreement with full knowledge of this.
ARTICLE 6 – CONFIDENTIALITY AND NON-COMPETE
The parties accept, declare, and undertake that, both during the term of the agreement and even after the agreement ends or is terminated, they will not disclose to third parties and will fully protect confidentiality with respect to any trade secrets or private/confidential information acquired directly and/or indirectly about the other party during their cooperation, including but not limited to commercial results, statistical information, information belonging to the INSTITUTION, distance learning information and computer/internet passwords, documents, teaching materials, etc., expertise information, and related records. Requests from public institutions and organizations for information that must legally be provided are excluded from this article. The USER shall notify the INSTITUTION of such information requests from public institutions and organizations.
ARTICLE 7 – COMPETENT COURT
7.1 In the resolution of any disputes arising from and/or related to this agreement and/or its implementation, the INSTITUTION’s records (including magnetic media records such as computer audio and video recordings) constitute conclusive evidence. Up to the monetary threshold announced by the Ministry of Science, Industry and Technology, Consumer Arbitration Committees are competent; for amounts exceeding such threshold, Istanbul Consumer Courts and Enforcement Offices are competent.
7.2 In matters not covered by the agreement, the relevant law/authority legislation shall apply.
The USER accepts, undertakes, and declares that, pursuant to Article 9/A paragraph 2 of Law No. 6502 as amended by Law No. 4882, and Articles 5 and 6 of the Regulation on Distance Contracts, they have read the preliminary information, are informed, and have provided the required confirmation electronically.
As the consumer/USER, I have read, understood, accepted, approved, and confirmed all matters written in this preliminary information document consisting of 5 (five) pages.
Agreement Date: …./…./20…