PLEASE READ THIS AGREEMENT CAREFULLY.
WHEN YOU CLICK THE "CONFIRMATION" BOX BELOW, YOU ARE DEEMED TO
BE A PARTY TO THIS AGREEMENT AND YOU ACCEPT AND APPROVE THE
TERMS AND CONDITIONS SET FORTH IN THE CONTENT OF THE AGREEMENT
ELECTRONICALLY. THE PRODUCT(S) AND/OR CONTENT(S) ON THE SITE
WILL BE MADE AVAILABLE TO YOU AS SOON AS YOU CLICK THE
"CONFIRMATION" BOX.
If you do not accept the terms of the agreement or if
you have reservations about this matter, please do not
approve the agreement and do not access the content and
products of https://edu4math.com. We would like to state
that the approval and acceptance transactions you make
electronically are recorded and can be easily identified.
The Agreement to which you have given your consent will
also be mailed to your e-mail address declared in your
registration process.
This End-User License Agreement ("Agreement")
regulates the rules of access and use of the content(s)
and product(s) within the scope of the
https://edu4math.com ("Site"), all kinds of
intellectual and industrial property rights
(collectively "Intellectual Property Rights") belonging
to our company SPP42 Yazılım Geliştirme ve Danışmanlık
Ltd. Şti. ("COMPANY") the content provider and/or
third parties providing content to the Site and protected
under the applicable legislation, in particular the Law
on Intellectual and Artistic Works and the Industrial
Property Law.
The features of the Edu4mat product ("PRODUCT") consisting
of digital content ("CONTENT(S) ") and/or all content on
the Site ("CONTENT(S)") for which you have obtained a
term license under this Agreement, and the terms of use
and service are also available on https://edu4math.com;
By accepting this Agreement, you are deemed to have
accepted the features of the PRODUCT and/or CONTENT(S) on
the Site and the scope of the term license rights granted
to you. For this reason, please read carefully by
accessing the information regarding CONTENT(S) and/or
PRODUCT(S) from the relevant addresses. The supply and
maintenance of all computer hardware and communication
equipment required to access and / or use the CONTENT AND
PRODUCTS is your responsibility as the USER; information
on the minimum technical specifications you will need is
available in the Distant Sales Agreement and the
Preliminary Information Form. We hereby declare that the
COMPANY has no responsibility for any software-hardware
incompatibility that may arise due to the fact that the
hardware and infrastructure you are using does not meet
the minimum conditions specified on the Site, that we
will not be responsible for any loss you may suffer for
this reason, including loss of use and access problems,
and that refund requests to be made for these reasons
will not be accepted.
The COMPANY may, without prior notice, make updates and
changes to this Agreement as required by the mandatory
and curriculum changes required by the legislation in
force. We state that you are bound by the current
Agreement as of the date of the announcement to be made
on the website.
Apart from this, the COMPANY may revise this Agreement
and the PRODUCT and/or CONTENT(S) provided to the USER
at any time at its sole discretion. Any revision or
change will be effective when published on the Site.
The USER shall regularly review the Site to be informed
of any changes. However, if the changes made are to the
detriment of the USER and restrict the USER's rights to
benefit from the PRODUCT and/or CONTENT(S) offered under
this Agreement, the USER reserves the right to terminate
this Agreement in accordance with Article 2.5. If the
USER continues to use the PRODUCT and/or CONTENT(S) and
the Site following the notification, he/she shall be
deemed to have accepted the changes made and shall be
bound by these changes.
1. Parties and Subject Matter of the Agreement
1.1 LICENSOR/COMPANY:
Title: SPP42 Yazılım Geliştirme ve Danışmanlık Ltd. Şti.
Address: Ümit Mahallesi 2526 Sk. No: 4/2 Çankaya/Ankara Web-address: https://edu4math.com
E-Mail Address: info@edu4math.com
LICENSEE/USER:
Name Surname:
In the Agreement, the COMPANY and the USER are referred
to separately as "Party" and together as "Parties".
1.3 Product / Content and Features
The LICENSEE has obtained a non-exclusive, term and
limited use license right to the PRODUCT, which is an
internet-accessed educational material whose features
are specified in this Agreement, the Distant Sales
Agreement and the Preliminary Information Form. The
right to a term use license; Edu4mat, which is an
e-learning Product, provides access over the internet
and use within the specified framework within the scope
of this Agreement. The features of the PRODUCT and
CONTENT are included in the information on the
goods/service promotion page on the Site and in the
preliminary information form, which is considered an
integral part of this Agreement.
This Agreement covers the rights and obligations of the
Parties regarding the limited and non- exclusive
license right provided to you by accessing the
PRODUCT(S) AND/OR CONTENT(S) you have selected through
the Site.
Intellectual Property Rights Regarding Product(s) and
Content(s)
Ownership of Intellectual Property Rights: The
owner of all https://edu4math.com Site and its sections,
all content, programs, software, videos, clips, source
codes, designs, images, pictures, visuals, videos,
logos, trademarks, emblems, development reports, trade
secrets, know-how and works, regardless of whether they
are registered or not, obtained with or through the
Site, and intellectual and/or industrial property rights
is:
(i) If developed by the COMPANY alone, exclusively the
COMPANY,
(ii) If developed by the COMPANY suppliers who provide
content, media and/or platforms to the Site, the
relevant third parties who developed such content and
works.
The USER declares and accepts that he/she has been
granted a limited and temporary access and use license
defined in Article 2.2 with this Agreement, that he/she
can only benefit from the PRODUCT(S) and CONTENT(S)
within the framework of this license, that any behavior
that goes beyond the purpose of use will be considered a
license violation and that he/she is aware that this
Agreement may be terminated immediately and for just
cause by the COMPANY.
2.1 License Right: With this Agreement, the User
shall only have the right to access the PRODUCT and
CONTENT(S) purchased through the Site for a period of
1 (one) year starting from the date of approval of this
Agreement and to use it under the conditions specified
herein. This license granted to the USER is a term,
non-exclusive (simple license), non-transferable,
non-sublicensable. The USER may access, operate and
view the PRODUCT and CONTENT(S) purchased under this
license through the Site as long as the license is
valid. However, if the USER cannot use the PRODUCT
and/or CONTENT(S) on the specified dates for any reason
not caused by the USER, the days that cannot be accessed
will be added to the license period by the COMPANY.
The license is granted only to the USER who purchases
the PRODUCT and CONTENT, limited to 1 (one). The license
cannot be used by more than one user. If this situation
is detected, the COMPANY reserves the right to terminate
the Agreement with a valid reason and immediately.
Prohibited Actions and Transactions: The USER
agrees to use the SITE, PRODUCT and CONTENT(S) in
accordance with all applicable national and international
legislation, rules and laws regarding internet use. The
USER agrees not to copy, change, adapt, translate, sell,
rent, modify the content on the Site under any
circumstances; not to prepare derivative and/or processing
works by using these PRODUCTS and CONTENTS, not to disrupt
the order and design of these PRODUCTS and CONTENTS, not
to use all kinds of PRODUCTS and CONTENTS (including all
kinds of works, contents, programs, software, videos,
clips, source codes, designs, pictures, visuals, videos,
logos, trademarks, emblems, development reports, trade
secrets, know-how, animation characters, musical
composition, lyrics and compositions) outside the purposes
and limits specified in this Agreement, not to change, not
to use, modify, delete, copy the PRODUCT and CONTENTS,
reverse engineer the PRODUCT and CONTENS, transmit to the
public, publish, process by any means, make available for
the use and disposal of third parties, including sale,
lease, sublicense with or without charge, not to make
available for public viewing. The USER may not download,
save, partially or completely copy all or part of the SITE,
PRODUCT and/or CONTENT (even for back up purposes) to
his/her computer.
The Site, PRODUCT and/or CONTENT may not be made directly
or indirectly subject to any income or similar benefit;
PRODUCT and/or CONTENT may not be used on more than one
computer, workstation and/or server at the same time.
The USER may not perform actions that may damage, prevent
access, overload or damage the sites, goods or services,
software, data or data of the content, media or platform
suppliers accessed through the "links" on the Site and/or
this Site in any way, and may not intervene in a way that
prevents third parties from benefiting from the COMPANY
services. All kinds of information belonging to the
PRODUCT, CONTENT, environment and/or platform obtained by
the USER through prohibited actions and transactions are
the property of the COMPANY and confidential information,
and the USER may not use this confidential information
obtained in violation of the law and the AGREEMENT under
any circumstances and conditions, and may not disclose and
reveal it to third parties directly or indirectly in any way.
The USER hereby accepts, declares and undertakes that
the obligations specified in this article also cover
the content of third parties on the Site, including the
suppliers of COMPANY, and that he / she cannot interfere
with the Intellectual Property Rights, trademarks and
all other rights, whether registered or not, of third
parties who have rights on the content.
2.4.Justified Termination of the Agreement by the
COMPANY: In the event that the USER uses the SITE,
PRODUCT and / or CONTENT for a fraudulent or improper
purpose contrary to the law and the Agreement and/or
gives permission and access to any third party to do
these acts, participates in such an act or encourages
such an act, acts in a manner that violates this
Agreement, the COMPANY may terminate the AGREEMENT
immediately and for just cause and claim all damages.
In addition, if the USER does not comply with its
commitments and obligations under this article, the
USER shall be solely responsible for the claims and
damages that may arise from the claims directed to the
COMPANY by third parties who are damaged by these acts,
and shall be obliged to cover any expenses incurred by
the COMPANY, including but not limited to court costs
and attorney's fees.
As of the date of the USER's approval of this
Agreement, all PRODUCTS and CONTENT of the Site,
(including all kinds of works, contents, programs,
software, videos, clips, source codes, designs,
pictures, images, videos, logos, trademarks, emblems,
development reports, trade secrets, know-how, animation
characters, musical composition, lyrics and compositions)
he/she accepts not to (a) infringe or violate the rights
(including, without limitation, intellectual property
rights) of third parties; or (b) be harmful or disruptive
to the equipment; or (c) damage the computer systems,
networks or equipment of third parties.
If the USER acts contrary to this, in accordance with
this AGREEMENT, the USER shall be solely responsible
for all damages and losses that may arise for this
reason and all kinds of claims, damages and losses
from third parties, and shall keep the COMPANY free
from such claims, due to the violation of this provision
by the USER, In the event that the COMPANY pays
compensation to third parties, the USER irrevocably
declares, accepts and undertakes that the COMPANY has
the right of recourse to the USER and, upon the request
of the COMPANY, to pay the compensation and expenses
paid by the COMPANY unconditionally and irrevocably to
the COMPANY.
Termination of the Agreement by the User: The
User may terminate this Agreement and the PRODUCT and/or
CONTENT offered under this Agreement (except for the
cases stipulated by the legislation) if the COMPANY
changes the PRODUCT and/or CONTENT offered under this
Agreement and the changes made are to the detriment of
the User in the light of objective criteria and restrict
the User's rights to benefit from the PRODUCT and/or
CONTENT offered under this Agreement (e.g. restriction
or termination of the existing license), in this case
the User may send a written notification to the
mail address within 7 (seven) days following the
notification on the Site regarding the change of the
Agreement -stating the reasons- that he/she wishes to
terminate this Agreement. In case the Agreement is
terminated based on the changes made by the User,
only the price paid by the User will be calculated at
the rate of the User's use of the license and the price
for the unused period will be returned to the User.
Rights and Obligations of the COMPANY: The
COMPANY may "link" to third party vendors, providers and
other websites and/or portals, files, products or
contents owned and operated by third parties within the
scope of the Site. These "links" are provided by the
COMPANY only for ease of reference; the fact that a link
is provided does not mean that the COMPANY is responsible
for the website accessed or that the organization or
person operating the site undertakes the performance and/or
guarantees that the information contained on the website
is correct. The COMPANY does not have any responsibility
for the portals, websites, files and contents accessed
through the 'links' on the Site, the services or products
offered from the portals or websites accessed through
these 'links' or their content.
Non-liability and Limitation of Liability: The
COMPANY offers the PRODUCTS and CONTENT on the Site on
the basis of "as-are, as-so sales" and does not provide
any performance or execution guarantee or success
guarantee or a service level commitment regarding them.
The relevant content owner is responsible for the
content and products of third parties on the Site, and
if any error is detected by the COMPANY and/or users in
the third party content and/or products in question, it
is the responsibility of the relevant content owner to
eliminate this error, but the COMPANY will make every
effort to eliminate the error as soon as possible. It is
essential that the USER uses the PRODUCT and CONTENT for
the purpose and scope specified in this Agreement. The
COMPANY is in no way responsible for any problems, loss
of data or damage to the computer system that may arise
from the USER during the use of the PRODUCT and CONTENT
on the Site.
The COMPANY does not guarantee that the Site will be
available 24 hours a day, 7 days a week without
interruption and does not make any service or
performance level commitment in this regard. The
effective use of the Site and all the results of this
use are the responsibility of the USER, and the COMPANY,
is in no way responsible for the USER's failure to
benefit from the Site, not achieving the success it aims
or not getting the results it expects, and for any direct
or indirect damages that may arise for these reasons.
The COMPANY does not guarantee any performance or
success under any circumstances.
The COMPANY has the authority to remove the PRODUCT and
CONTENT offered through the Site and the PRODUCT and
CONTENT subject to the infringement or all PRODUCT and
CONTENT when necessary, in the event that copyright
infringement or property right infringement is claimed
by third parties and/or an injunction is imposed by
the court against the PRODUCT and CONTENT subject to
the USER's right to a term use license. The COMPANY
shall not be liable for any damages, including material,
moral, direct and indirect damages, due to technological
infrastructure improvements and/or changes in minimum
technical requirements as a result of technological
developments.
The PRODUCT and CONTENTS are not specially produced for
the USER's personal purposes, and the choice of PRODUCT
is offered to the USER's choic
In the event that the USER suffers damage due to the use
of the SITE, PRODUCT and CONTENT and it is documented
that this situation is caused by the fault of the
COMPANY, the total liability of the COMPANY shall in any
case be limited to the product price specified in the
Preliminary Information Form and Distant Sales Agreement.
Force Majeure: In all cases deemed and accepted as "force
majeure" by law, the COMPANY's liability shall be
temporarily suspended in the event of late or incomplete
performance or non-performance of any of its obligations
specified in this Agreement. These and similar situations
shall not be deemed as delay, incomplete performance,
non-performance or default for the COMPANY and no
compensation under any name shall be claimed from the
COMPANY for these situations. The term "force majeure"
shall be interpreted as unavoidable events occurring
after the signing of this Agreement, including but not
limited to natural disasters, riots, war, strikes,
communication problems, infrastructure and internet
failures, power outages and bad weather conditions,
epidemics, interim injunctions issued by the courts
within the scope of blocking access to the website,
which are subsequently decided to be removed by the
courts, and which are not caused by the COMPANY's fault
and are beyond its control.
Data Practices and Privacy Policy: All kinds of
issues regarding the accuracy, security, storage,
keeping away from the knowledge of third parties and
use of the password and other information you will
obtain while registering or after registering on the
Site are entirely the responsibility of the USER, and
the COMPANY is not responsible for any inaccuracies in
the information entered and / or access to the Site on
behalf of the USER through the use of the USER's
information by being captured / learned by someone else.
The COMPANY does not have any direct or indirect
responsibility for any damages suffered or may be
suffered by the USER and/or third parties arising from
issues such as the security, storage, keeping away from
the knowledge of third parties, and use of the USERS'
means of access to the Site (username and password). In
this context, the USER cannot claim any damages or
compensation from the COMPANY under any name whatsoever.
Contact Information and Customer Services: If you
have any questions or problems regarding the Site and
the Agreement, you may contact the COMPANY through the
communication channels in this Agreement.
Contact Information:
SPP42 Yazılım Geliştirme ve Danışmanlık Ltd. Şti.
Ümit Mahallesi 2526 Sk. No: 4/2 Çankaya/Ankara
Telefon (Müşteri Hizmetleri): (0312) 266 22 17
E-Posta Adresi: info@edu4math.com
8.Other Provisions
8.1 Assignment of the Agreement: The USER cannot
transfer this Agreement and the rights it has under this
Agreement to another person or institution. The USER
agrees that the COMPANY may transfer its rights and
responsibilities under this Agreement to a third party
or conclude an agreement with a third party without the
USER's permission.
8.2Written Waiver: The COMPANY shall not waive
any of its rights by postponing the exercise of its
rights under this Agreement or by exercising only a part
of them. In the event of a breach of the provisions of
this Agreement by either Party or a default by either
Party with respect to its obligations under this
Agreement, the other Party may waive the right or
rights it has. The waiver must be in writing and signed
by the waiving Party. Waiver of any right shall not
constitute a waiver of any other right.
8.3 Partial Invalidity: The invalidity or
unenforceability of any provision of this Agreement by
a court or competent authority shall not affect the
validity or enforceability of the remaining provisions
of this Agreement. If the court or competent authority
decides that any provision(s) of this Agreement is not
enforceable, the COMPANY shall correct such provision(s)
in accordance with the mandatory provisions of the law
and the will of the Parties under this Agreement, or
may decide that the other provisions of the Agreement
other than such provision(s) shall remain valid.
9. Enforcement and Termination of the Agreement:
This AGREEMENT enters into force between the Parties as
soon as the USER declares that he / she accepts this
Agreement through the Site. This Agreement shall
automatically become null and void without the need for
any notice in the event of the occurrence of either,
(a) the USER ceases to use the PRODUCT and terminates
his/her membership by following the unsubscribe
instructions,
(b) the occurrence of any of the termination events
listed in this Agreement. If the Agreement is terminated
for any reason, the license right granted to the USER
shall automatically terminate. However, the USER will
continue to be responsible for the provisions of
forward-looking commitment and indemnification, which
are independent of the Agreement in nature, especially
prohibited acts, even if the Agreement is terminated.
In the event that the USER violates any of the
provisions contained in the Agreement, the COMPANY has
the right to immediately terminate this Agreement and
the Distant Sales Agreement and to cancel the USER's
right to a term use license granted in this Agreement,
and the COMPANY may - at its sole discretion - notify
the USER in writing that the situation must be corrected
by the USER within 10 (ten) days, otherwise the Agreement
will be terminated. If the situation is not corrected
within this period, at the end of the period, the
COMPANY may immediately terminate this Agreement with
its written notice. The COMPANY reserves the right to
unilaterally cancel the USER's term use license and
prevent access without prior notice if it detects uses
that are clearly contrary to the legislation or
constitute a crime. In the event that the COMPANY
terminates the Agreement and the Distant Sales Agreement
for these reasons or cancels the USER's time use license
and prevents access, it is not obliged to pay
compensation to the USER.
The USER has accepted, declared and undertaken to delete
all kinds of content, information, music, images
obtained from https://edu4math.com from all computers
and / or storage media under the ownership, management
or administration and control of the COMPANY upon the
expiration of this Agreement, if requested by the
COMPANY.
Dispute Resolution: Turkish Law shall apply to
the merits of all disputes arising out of/or relating
to this Agreement. The Parties agree that Ankara Courts
and Enforcement Offices are authorized for disputes
arising from the implementation of this Agreement.
