ONLINE MEMBERSHIP AGREEMENT
Last updated on September 2, 2020
Online Membership Agreement Last updated September 2, 2020
Article 1. The Parties
This Erasaz Online Membership Agreement ("Agreement" for short) is available at www. ER-AS MUSIC TOOLS located in Akyol Mah.allesi Tufan Hamam Sokak no: 2 / BK: 2 D: 48 34394 Şahinbey / Gaziantep, which owns all the rights of the Erasaz.com extension website, application and all related applications (in short, the "Site"). (Erasaz) and the Member whose identity and contact information has been defined in the system prior to the acceptance of this Agreement. As a member of the Site, the Member accepts, declares and undertakes that he has read, understood and approved all provisions of this Agreement.
Article 2. Subject of the Contract
The subject of this Agreement is to provide the opportunity to purchase training programs through the platform owned by Erasaz and to determine the mutual rights and obligations of the parties.
Article 3. Rights of Erasaz
3.1. Erasaz may monitor and record any activity of the Member on the Site for security reasons, and / or, when deemed necessary, may suspend from the Site, suspend membership, cancel membership and make any other intervention.
3.2. Erasaz may change the format and content of the Site partially and / or completely, as well as change the domain name that the Site is broadcasting, use different sub-domains, redirect domain name and / or close the domain name without prior notice to the Member.
3.3. Erasaz may change the scope and / or types of services offered on the Site at any time and / or without giving any reason, without prior notice to the Member, as well as partially or completely freezing, terminating or canceling the services offered on the Site.
3.4. Erasaz may make changes and / or updates in the service, terms of sale and / or operation at any time in order to perform the work and / or transactions specified in the Agreement more effectively. Members acknowledge and declare that they accept these changes and that they will act in accordance with these changes.
3.5. This Agreement does not contain any commitment for the service sale of Erasaz. For these and other reasons, the member cannot claim any rights or receivables from Erasaz under any name.
3.6. Erasaz has the right to unilaterally suspend, terminate and / or cancel the membership. The member accepts, declares and undertakes that there is no right to object in this regard.
3.7. Erasaz may collect the identity, address, contact and site usage information of the Member in a database for all legal purposes, including but not limited to the purposes such as conducting user profile and market research, creating sales and site usage statistics, and this information can be collected without any restrictions. can handle. In addition, Erasaz may share this information with third parties / institutions in order to comply with the obligations imposed by the law or in case of an investigation or investigation conducted by the authorized judicial or administrative authority or in order to protect the rights and security of users.
3.8. The obligation to change the price and product specification information of the products and services offered for sale in the Erasaz system belongs to Erasaz.
3.9. Erasaz can transform services that do not require user membership into a membership requiring membership over time, open additional services, change some of its services partially or completely, or convert them into paid ones. In this case, the user reserves the right to leave the membership by terminating the Agreement.
3.10. Erasaz may make changes in the application of this Agreement, change the existing articles or add new articles, provided that it is not to the detriment of the users, in order to comply with the technical requirements and legislation that may arise in the future.
Article 4. Obligations of the Member
4.1. Membership is completed with the registration process by fulfilling the membership procedure specified on the Site by the person who wishes to become a member. By becoming a member, the member also accepts the provisions of this Agreement, and all kinds of declarations made / to be announced by Erasaz regarding membership and services.
4.2. The member states that the identity, address and / or contact information specified in the membership process is complete and correct, that in case of a change in his information, he will immediately forward this information to Erasaz via e-mail, and any and all kinds of information that may arise due to providing incomplete, outdated and / or incorrect information It accepts and declares that it will only be responsible for legal disputes and / or damages. For this reason, Erasaz cannot be attributed any responsibility.
4.3. Member, while using the services specified on the Site, he / she will act in accordance with the laws of the Republic of Turkey and general ethical rules, not commit insults, threats, slander, harassment and similar acts, not make political and / or ideological propaganda, not engage in disturbing behaviors to other Members, / or to refrain from any kind of behavior that smears the institutions and to avoid any action that may cause disruption or interruption of the services provided on the Site, otherwise it will be personally responsible for any damage that may occur.
4.4. The Member accepts and undertakes that it will not violate the rights of third parties under intellectual property law, will respect the copyrights of third parties, will not make unfair competition, and will respect the commercial secrets and private lives of third parties.
4.5. While using the Site, the Member accepts and declares that he will use a password that cannot be easily guessed by others, that he will not share his username, password and similar information with others, he will be responsible for the security of these and that Erasaz will not be responsible in any way.
4.6. The Member undertakes that he will not engage in fraudulent behavior, will not interfere with the security mechanism of the Site, that he is responsible for any damage that may otherwise occur, and that Erasaz will compensate for all damages.
4.7. The member accepts and declares that he / she will only use his / her membership account, that he / she will not use the account information of other members and / or will not let others use his / her membership account, and if Erasaz detects otherwise, his / her membership may be canceled and he / she will indemnify any damages that may arise or arise.
4.8. The Member will not send or share malicious programs, software, codes and / or similar materials to the Site, avoid any action that may endanger the security of the Site and other members, and that he is responsible for any damage that may otherwise occur and that Erasaz will suffer all damages. It accepts and undertakes that it will meet.
4.9. Members cannot transfer their membership account to third parties.
4.10. The Member cannot restrict or prevent others from using the Site, and cannot interfere with the operation of the Site or the servers or networks used to make the Site available.
4.11. Erasaz is not responsible for any direct or indirect damages that may occur due to the virus attacks affecting the computer hardware and / or the information obtained from the Site or related to the access and use of the Site.
4.12. The Member accepts that he will not use any tools, software and / or tools in order to interfere with or attempt to interfere with the operation of the Site, not to connect to the Site without authorization, and not to access or use the software and data of other internet users without permission.
4.13. The Member is responsible for any personal interaction that may occur between the consultant and the consultant that has been contracted until the completion of the program, in the training programs to be purchased through the Site, Erasaz's responsibility is limited to following the completion of the training program, apart from that, personal disagreement with the consultant with an agreement. accepts, declares and undertakes that Erasaz cannot be responsible for any dispute or similar negative situation.
4.14. The Member agrees, declares and undertakes that if he wishes to cancel the training program he will purchase through the Site, he must follow the return steps in the "Payment History" field on the website, otherwise the fee for the training program purchased will not be refunded. If the cancellation request is notified within 14 (fourteen) days after the purchase, the training program fee will be refunded to the Member.
4.15. If the service is initiated without the expiry of the 14 (fourteen) day withdrawal period, 15.1.h. of the Distance Contracts Regulation. Since it has the quality of "Exception of the Right of Withdrawal" in accordance with the Clause, if the service is started without the expiry of the 14 (fourteen) day withdrawal period and the Member starts to watch the private course program that the Member has purchased, this situation is 15.1.h. of the Distance Contracts Regulation. As it will be evaluated within the scope of the "contracts regarding the services started with the approval of the consumer before the right of withdrawal expires", the Member will not be able to use the right of withdrawal with the start of the relevant private course program.
Article 5. Conditions of Payment
5.1. The member can only pay the fee for the program to be purchased by online payment method. However, other payment methods may be decided for corporate sales.
5.2. The member agrees that before the delivery of the training program, the purchased services must be paid with the selected payment instrument, otherwise the services will not be delivered to him.
5.3. The member is responsible for the accuracy of the card information to be given during the online payment method, and agrees and declares that he knows that Erasaz collects the payment in his name and account and that the sales relationship will be established between him and Erasaz.
5.4. In the payments made using the online payment method option, if the card is used illegally by someone other than the holder, transactions are made in accordance with the provisions of the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards. For orders paid with online payment method, it is issued by Erasaz, who receives receipt / invoice order against the order.
Article 6. Privacy of Personal Data and Commercial Electronic Message
6.1. Erasaz provides the member's name-surname, address, phone number, credit card information, etc. It is authorized to perform all kinds of processing operations such as collecting, storing and transferring any personal data intended to identify the Member.
6.2. Erasaz, to keep personal information strictly private and confidential, to consider it as a confidentiality obligation and to ensure and maintain confidentiality, to take all necessary precautions and due diligence to prevent all or any part of confidential information from entering the public domain or unauthorized use or disclosure to a third party. is committed to show. This obligation will not be applied by the Member if personal information is made publicly visible on the Site.
6.3. Although Erasaz takes the necessary information security measures, Erasaz will not have any responsibility in the event that confidential information is damaged or seized by third parties as a result of attacks on the Site and the system.
6.4. This information collected on Erasaz servers will only be used within Erasaz for periodic campaigns, organizing special promotional activities for customer profiles, and customer "classification" studies to prevent the transmission of unsolicited e-mails. Personal data can be obtained, saved, stored, preserved, changed, rearranged, transferred, etc. completely or partially within the body of Erasaz, automatically or not. can be processed through transactions.
6.5. Statistical data that does not contain personal information can be shared with performance assistants such as Erasaz employees and contracted consultants.
6.6. Member information can only be disclosed to the official authorities if such information is requested by the official authorities and in cases where it is obliged to make a statement to the official authorities in accordance with the provisions of the mandatory legislation in force.
6.7. The member can always request and obtain information whether his / her personal data is processed, the purpose of processing, the third parties to whom the data is transferred, the correction, deletion, anonymization or destruction of the data, and the compensation of the damage if it has been processed inappropriately.
6.9. The Member also accepts that Erasaz may transmit any commercial electronic data, audio and video messages, including promotions such as discounts and gifts, as well as promotional competitions or games, by means of telephone, call center, automatic call, e-mail, short message service. and declares.
6.10. The member knows that the name, surname, address, contact information and all other information necessary for the delivery of the training program will be shared with the consultant in the private course programs to be purchased through the Site, this is a mandatory issue for the purpose of the Erasaz application, In this way, it accepts, declares and undertakes that it consents in advance to share this information with the contracted consultant.
Article 7. Service Delivery and Refund
7.1. During the video program to be given by the contracted consultants, the Member accepts that the videos will be submitted on the Site or in the internet address specified by Erasaz in case of changes.
7.2. The refund will be made to the Member, limited to the paid training programs, only if the customer is not satisfied with the training content and the customer purchases the wrong program. However, if the Member has started to watch the course schedule, 15.1.h. of the Distance Contracts Regulation. As it will be evaluated within the scope of the "contracts regarding the services started with the approval of the consumer before the right of withdrawal expires", the Member will not be able to use the right of withdrawal with the start of the relevant private course program.
Article 8.Intellectual Property Rights
8.1. The presentation and all content of the Site is protected by the Turkish Legislation and intellectual property legislation, and all the information and / or data published on this Site, especially all trademarks, logos and service marks, belong to Erasaz or those licensors to Erasaz through contract. . The Member may not distribute, transmit, modify, copy, display, reproduce, publish, process and / or otherwise use the content of the Site directly and / or indirectly, exactly or otherwise, without the written consent of Erasaz and / or may not allow anyone else to access and / or use the Services of the Site. Otherwise, the Member will be responsible for paying Erasaz immediately for any damages that Erasaz has suffered or will suffer and any compensation amount requested from Erasaz for damages incurred by third parties, including but not limited to licensors.
8.2. All assets of Erasaz, including Site Services, Site information, works subject to copyright of the Site, trademarks of the Site, commercial appearance of the Site and / or any material and / or intellectual property rights related to the Site, All rights regarding real and / or personal rights, commercial information and / or know-how are reserved.
8.3. All rights of all texts, graphics, visuals and / or all pictures on the Site are reserved, cannot be saved without permission.
8.4. Unauthorized use of all financial rights regarding the site content, design and / or software (processing, reproduction, dissemination, representation and public offering) shall mean, but not limited to, any unauthorized disclosure and / or use, violation of intellectual and industrial property rights.
8.5. Members accept and undertake that they will comply with the provisions of the Turkish Code of Obligations, the Turkish Penal Code, the Law on Intellectual and Artistic Works, the Turkish Commercial Code, the Decree on Trademarks and any existing and / or future legislation provisions. Any legal, administrative, criminal and financial liability that may arise due to the contrary use belongs to the Member and Erasaz's right of recourse is reserved.
9.1. The Member acknowledges that there may be deficiencies in the information and / or services offered / published on the Site, communication problems, technical problems, infrastructure and / or internet failures, power outages and / or other problems, but not limited to the ones listed, and in case of such problems / malfunctions Erasaz is authorized to suspend and / or terminate and / or cancel the sale without any notice to the Member and / or without giving any reason, before the sale begins, during the sale, or even if the sale is made. For these reasons, the member cannot claim any rights or payments from Erasaz under any name.
9.2. Erasaz does not guarantee that the service will be error free or that it will be provided continuously or that the service is free from viruses and other harmful elements.
9.3. Except for Erasaz's grave fault or intention, the Member is not liable for direct and / or indirect damages.
9.4. Erasaz.com, which is a personal development product, is a resource produced for the purpose of the users to improve themselves in their private and business lives, without any guarantee of results, limited to the subjects it covers. Erasaz does not guarantee the scientific or interpretative accuracy of the content on Erasaz.com.
Article 10. Cancellation of Membership and Termination of the Contract
10.1. In the event that the Member acts partially and / or wholly against any and / or all of the obligations arising from this Agreement, Erasaz may terminate this Agreement unilaterally and cancel the membership of the Member without any notice and / or justification. It may partially or completely freeze or cancel the services that the Member receives, receives or will receive from the Site. Therefore, in the event of termination, the Member cannot make any rights and / or demands from Erasaz. Erasaz is authorized to claim from the Member any and all damages that have been born / will arise.
10.2. The parties are entitled to cancel the membership by unilaterally terminating this Agreement without any reason and without any notice. In this case, the Member shall not be entitled to any rights, receivables, loss of profits, damages or compensation under any other name and title from Erasaz by claiming an unjust, unjustified, unjustified and untimely termination, acting contrary to good intentions or any other reason or excuse. cannot request a payment.
10.3. If the membership of the Member is terminated for any reason or in any way, the orders placed by the Member until the termination will be subject to the provisions of this Agreement.
Article 11. Duration of the Contract
This Agreement comes into force from the moment it is approved on the Site and ends automatically without further notice upon Erasaz's or the Member's cancellation of their membership and / or termination of the services offered on the Site.
Article 12. Miscellaneous Provisions
12.1. The Member has consented to the modifications to the Contract and services, sales-related matters, the cancellation of membership, the termination, termination of this Agreement and all other similar notifications to be made to the e-mail address specified during the membership process, and the notifications made by e-mail receive or It accepts and undertakes that the notification is notified from the moment it is sent by Erasaz and that it will have legal consequences. Erasaz is not responsible for the late arrival or failure of the notification to the Member and its results.
12.2. In the event that any provision of this Agreement is deemed invalid or no longer applicable for any reason, the other provisions of the Agreement will remain in effect.
12.3. The failure of Erasaz to use or delay in using any right or authority under the Contract does not mean that it is waived from that right or authority, and the use of a right or authority alone or in part does not prevent the subsequent use of that or any other right or authority, it means a waiver. does not carry.
12.4. Istanbul Courts and Execution Offices are authorized with regard to the settlement of disputes arising from this Agreement.
12.5. The Member declares that he / she has read, understood and accepted all the practices and rules on the Site. The Member declares that he accepts the regulations that may be contrary to the interests of the entire Contract, knowing and understanding the results.