Users who visit tutorsite.co.uk (hereinafter referred to as the site) and users who are members of the site are deemed to have read, understood, accepted and declared the following membership agreement.
1. THE PARTIES
1.1. The TUTORSITE User Agreement (hereinafter briefly referred to as the "User Agreement"), which is an integral part of this agreement and its annexes, and the other rules on the Website, between GOCHMEN LTD and the User who is a member of the Site or who visits the Site, The terms and conditions of the services provided by the Company and the rules regarding the use of the Website and the membership of the User to the Site are arranged at the time when the User Agreement is approved by the User in the electronic environment where the Site is located.
1.2. By subscribing to the Site or visiting the Site, you accept, declare and undertake that you have read the entire User Agreement, understand the content in its entirety and approve all provisions.
In this contract text;
2.1. TUTORSITE: GOCHMEN LTD.
2.2. User: Real or legal person who is a member of the Site, who benefits from the Services provided on the Site or who uses the site as a service or as a provider within the conditions specified in this User Agreement, for any reason,
2.3. Service User: User who determines the user name and password according to the condition of acceptance of this User Agreement by obtaining an e-mail registration and purchases the courses offered by the teacher by using the Services offered on the Site,
2.4. Service Provider: (Service Provider under the Regulation) By using TUTORSITE Services offered on the Site; teachers who provide services in accordance with their experience, knowledge and ethics and professional ethics,
2.5 Teacher: The teacher, who is in the position of serving on the site, whose diploma and certificate related to the field of expertise in online course has been approved by TUTORSITE,
2.6. Site: The website consisting of the domain name tutorsite.co.uk and its subdomains affiliated to this domain,
2.7. Consultant Profile: The profile that the Service Provider creates on the site in order to promote the service that the Service Provider can offer to the Service User, to submit a Bid for the Service Request submitted by the Service Users,
2.8. Online Lesson: The methods of taking lessons provided by the site online for many branches and levels of people,
2.9. Service: Any service offered by the service provider on the subject of online private lessons,
2.10. TUTORSITE Services: TUTORSITE; It may make changes and / or adjustments to its Services at any time to ensure the continuity of brokerage services for online private lessons, to ensure future technical necessities or to comply with the legislation, to enable users to perform the works and operations defined in the User Agreement more effectively. With regard to these changes and / or adaptations made by TUTORSITE, the terms and conditions that the Users are obliged to abide by are announced to the Users by TUTORSITE via the bulletin board or by mail regarding the use of the relevant Service.
2.11. Online Payment System: The payment part of the sales contract between the customer and the service provider and the commission fees that the service provider is obliged to pay to TUTORSITE, credit card, debit card under the terms and conditions determined by STRIPE in cooperation with TUTORSITE. , the service provided in accordance with the conditions specified in the User Agreement for performance through banks,
2.12. Online Payment Account: The protection account to which the payment system called Pazaryeri, which is managed by STRIPE, in cooperation with TUTORSITE, is connected to perform the Online Payment System Service,
2.13. Force Majeure: Including, but not limited to, natural disasters, riots, strikes, communication problems, infrastructure and internet malfunctions, power outages and bad weather conditions, it cannot be avoided, unavoidable and legally outside the reasonable control of the concerned party, and with due diligence. also acceptable events,
2.14. Proposal: The proposal of the Service Provider to provide services in the form of a “private lesson” or “appointment” for a certain period of time and in return for the Service Request sent by the Service Receiver,
2.15. Agreement: TUTORSITE User Agreement
3. SUBJECT AND SCOPE OF THE AGREEMENT
3.1. The Service Provider and the Service Provider ensure that the service or service request information they create is available on the Website in accordance with the content notified to them and in accordance with the provisions of this Agreement.
3.2. The site is only a platform and is not the owner or provider of the services on the Website. The site tool is a service provider and it is not obliged to control the content provided by real and legal persons using the electronic medium it provides services, and to investigate whether there is an illegal activity or situation related to this content and the goods or services subject to this content.
3.3. The subject of the User Agreement is the determination of the services offered on the Site, the conditions for using these services and the rights and obligations of the parties.
3.4. The scope of the user agreement, the user agreement and its attachments, and all kinds of warnings, articles and explanations made by TUTORSITE regarding the usage, membership and services within the Site.
3.5. By accepting the terms of the User Agreement, you also accept that any statements on the Site that are explained by TUTORSITE regarding usage, membership and services and that you will comply with these statements.
4. MEMBERSHIP AND SERVICE USAGE TERMS
4.1. Membership is completed by the person who wants to become a user from the relevant section of the Site, with the name / nickname required to become a member of the Site, his / her email address and the password to be determined. The right and authority to become a User defined in this User Agreement cannot be obtained until the membership process is completed.
4.2. Being a member of the site is free of charge. Members can submit multiple service requests simultaneously through a single Member account.
4.3. In order to become a member of the Site, pursuant to this user agreement, TUTORSITE must be temporarily dismissed or banned from membership indefinitely. The persons who do not meet these conditions have completed the Site registration process, and they will not result in being a member of the Site.
5. RIGHTS AND OBLIGATIONS
5.1. User's Rights and Obligations
a) While the user is performing the membership procedures, benefiting from the services of the Site and performing any transactions related to the services on the Site, he / she will act in accordance with all the conditions in the user agreement, the rules specified in the relevant places of the Site and all the applicable legislation. accepts, declares and undertakes that it understands and approves all terms and conditions.
c) It is the user's own responsibility to determine and protect the membership session password so that users can benefit from the services offered by TUTORSITE. The name and password of the user should not be shared and should be carefully protected. The user is directly responsible for the misuse of his account by other people due to his own fault. The site has the right of recourse to the user for any judicial / administrative fines and / or compensation that he / she will have to pay for this reason.
d) Users accept, declare and undertake that the information and content provided by them within the Site are correct and lawful. TUTORSITE is not obliged to check the accuracy and timeliness of the information in question. Due to the fact that this information is incorrect or incomplete, responsibility of the Members or third parties will be held by the relevant User.
e) Users may not transfer their rights and obligations, user name and password under the User Agreement partially or completely to any third party without the written permission of TUTORSITE.
f) Those who benefit from the services provided by TUTORSITE and those who use the Site may only operate on the Site for legal purposes. The legal and penal responsibility of the users in every transaction and action within the Site belongs to them.
g) The user cannot make acts, acts and words that are against the law, general morality, public order or political content at any stage of the TUTORSITE service. If any user makes any words, behaviors and acts that are against the general morals and ethics towards other users or TUTORSITE on the Site, any complaints, criminal complaints, etc. by TUTORSITE. knows and accepts that he will be transferred to the judicial units by means of.
ğ) Each User shall not reproduce, copy, copy, copy images, text, visual and audio images, video clips, files, databases, catalogs and lists within the Site, in a manner that will infringe TUTORSITE and / or another third party's in-kind or personal rights or assets, It accepts, declares and undertakes that it will not distribute, process, or compete with TUTORSITE either directly or indirectly either by these actions or by other means. TUTORSITE cannot be held responsible in any way, directly and / or indirectly, for any damages that third parties may suffer or may suffer due to the activities carried out on the Site in violation of the provisions of the User Agreement and / or the Users.
h) TUTORSITE, TUTORSITE employees or managers are not responsible for the services and published content provided by third parties, including users. The commitment of the accuracy and legality of the information, content, visual and audio images provided and published by any third party is solely the responsibility of those who carry out these actions. TUTORSITE does not guarantee and guarantee the security, accuracy and legitimacy of the services and content provided by third parties, including users.
i) Users must use the Online Payment System for transactions related to the purchase and sale of the services to be offered on the Site.
i) Users acknowledge, declare and undertake that they will not act in a way to transfer money between their memberships or memberships of their acquaintances on the Site and that they will not behave in a manner that will manipulate the operation of the Site, otherwise they will compensate for any damages incurred by TUTORSITE.
j) Users acknowledge, declare and undertake that this User Agreement will be valid in any media where the Site operates, including the mobile environment.
k) TUTORSITE allows its Users to receive promotional and informative mail or messages by TUTORSITE in line with their own initiative. The users accept, declare and undertake that they approve all types of information and promotional messages to be sent by TUTORSITE in every medium where the Site operates, including the mobile environment. Users had the right to make changes regarding the settings in the user account, and receiving information and promotional messages.
5.1.1. Rights and Obligations of Service Users
a) In the event that the offer of the offer on the Site is accepted by the Service User, the Service Area means a binding legal agreement to provide the service at the price specified in the Offer.
b) The Service Receiver is deemed to have accepted the service description and the terms of sale determined by the Service Provider by making a request to purchase the service with the "Take Trial Course", "Immediate Private Course" or "Take Course" service.
c) After paying the Service Fee to the Online Payment Account by credit card, if the service provider requests “Online Private Course”, it is “online” within 15 minutes; In case of appointment, the service is provided by the service provider through the integrated platform within the system on the day and time of the appointment.
d) If the appointment system is preferred, any change in the appointment date and time regarding the service subject to an approved Offer up to 24 hours before the appointment time by the Service User through the TUTORSITE Customer representative (via the TUTORSITE Whatsapp or Zendesk Chat channel) with the approval of the Service Provider. done.
e) Accepting, declaration and undertaking that if the parties agree that TUTORSITE has agreed to the TUTORSITE in order not to pay any brokerage fee for a service request sent from the site, the membership of the Site will end and the user will not be registered as a user again. would.
f) The bids submitted are valid and binding for the period specified by the service providers. In the event that the service provider withdraws the offer before the time specified or does not provide the service, the process of returning the service fee is started by filling out the return form on the Site by the Service User. As a result of the examination and inquiry to be made, the service fee is returned to the service provider continuously within 7 working days. TUTORSITE reserves the right of recourse to the service provider for damages arising from this return process.
g) TUTORSITE shall not be liable for the Service Receiver if he / she refuses to take the service or attends the appointment agreed with the service provider, except for force majeure at any stage of the service purchase-sale process taking place on the Site. In this case, the customer accepts, declares and undertakes that he / she will not request any service fee or compensation from the service provider or TUTORSITE.
ğ) In the event that the conditions described in this User Agreement are met, the Service Receiver will be transferred to the online payment account to be transferred to the bank account reported by the Service fee commission TUTORSITE, including VAT; accepts, declares and undertakes that the remainder will be transferred to the bank account determined by the service provider. In this process, TUTORSITE cannot make any transactions or savings on the service recipient's money in the Online Payment Account.
h) The user accepts, declares and undertakes that TUTORSITE can use its own user information within the framework of the Law on the Protection of Consumers, the Regulation on Distance Contracts and the Service Provider and Intermediary Service Providers in Electronic Commerce.
ı) TUTORSITE will make every effort to ensure the correct and complete performance of the services provided by the Service Providers, even though they have no responsibility. TUTORSITE will not be a party to any dispute arising from this contract; The Service shall be the only addressee of any request related to the service subject to the contract; TUTORSITE accepts, declares and undertakes that it does not have any legal responsibility regarding these requests.
i) TUTORSITE does not have any transaction, commitment and obligation under the Law on the Protection of the Consumer regarding the service provided on the Site and the relevant legal legislation. It approves, understands and accepts that it is not a party to the contract with the service provider.
j) Each service provider on the site consists of teachers whose diplomas and certificates related to their specialty are examined and approved by TUTORSITE. Service recipients should conduct the necessary research on the Provider themselves. The problems arising from the choice to be made among the service providers on the Site receiving the Service also accept, declare and undertake that TUTORSITE has no responsibility.
k) The recipient is responsible for all taxes related to the service, excluding taxes incurred on the income of TUTORSITE and the Service Provider.
l) The service recipient cannot make acts, acts and words that are against the law, general morality, public order or political content at any stage of the service. TUTORSITE has any complaints, criminal complaints, etc. in case of any words, behaviors and acts against the user, the service provider, other users and the TUTORSITE that are against the general morality and ethics, obscene or political content. knows and accepts that he will be transferred to the judicial units by means of.
5.1.2. Rights and Obligations of Service Providers
a) Any responsibility regarding the services to be provided through the site belongs to the Service Providers. TUTORSITE shall have no responsibilities between the Service User and the Service Provider, including the stages of offer, requirement, acceptance, contract, payment and service delivery.
b) TUTORSITE is not responsible for the relationship between the Service Provider and the Service User, and TUTORSITE has no responsibility for any damages that the Service Provider will cause to the Service recipient or third parties during or at any time.
c) The Service Provider accepts, declares and undertakes that the Service / Services offered by the Site, including the content, belongs to itself, and that there are no legal or other obstacles to the Service / Services being offered by it.
d) The service provider cannot make acts, acts and words that are against the law, general morality, public order or with political content at any stage of the service. In the event that the service provider has any words, behaviors and acts that are against the general moral and ethical, obscene or political content against both the user and the users and the TUTORSITE via the Site, the complaint, criminal complaint, etc. knows and accepts that he will be transferred to the judicial units by means of.
e) The Service Provider has the right and authority to offer and sell a Service to be offered on the Site at a fixed price that he has previously announced and determined by himself, using the options "Take Trial Lesson", "Take Private Lesson" or "Take a Lesson". If the Service provider accepts that the Service User will pay the service fee on the site and send the money to the online payment account, he accepts, declares and undertakes that he is entitled to receive the service. After the Service Provider pays the service fee of the Service Receiver to the online payment account, the Service must provide the service as agreed by the parties during the service purchase.
f) If the appointment system is preferred, any change in the appointment date and time of the service subject to an approved Offer by the TUTORSITE Customer representative (via the TUTORSITE Whatsapp or Zendesk Chat channel) until 24 hours before the appointment time. approval.
g) The service provider accepts, declares and undertakes that, in accordance with the User Agreement, he / she will provide the service in accordance with the qualifications specified on the Site and free from defects in a timely manner and as agreed with the service recipient.
ğ) The Service Provider is not in violation of the terms and conditions regarding the use of the Site and the Services offered on the Site, both in terms of content and presentation, specified in the terms of the User Agreement or specified in certain places of the Site, and the applicable legislation. accepts, declares and undertakes that it is appropriate.
h) The service fee sent by the Service Provider to the Online payment account to be transferred to the Service User shall be transferred to the bank account that the Service Provider notifies TUTORSITE after the TUTORSITE service fee commission including VAT has been cut and the Service recipient has fulfilled the obligations specified in this Agreement; in this process, it accepts, declares and undertakes that TUTORSITE has not made any transactions and savings on its own behalf on the money of the Service recipient in the Online payment account.
ı) If the service provider does not provide the service to the relevant Service Receiver with the Online Payment System at the specified date and time, it is accepted that TUTORSITE reserves the right to instruct the payment institution and / or to cancel the related Service Request, declare and undertake. In the event that the Service Provider does not provide the service at the appointment date and time, the TUTORSITE commission fee will be collected from the service provider, it is accepted, declared and undertaken by the Service Provider.
i) TUTORSITE shall not have any responsibility and obligation for this situation at any stage of the service purchase-sale process taking place on the Site and for whatever reason, if the Service Provider stops receiving the service; It accepts, declares and undertakes that the service that gives up the purchase cannot be requested to be sold to someone else or to be paid any compensation based on the purchase conditions created by the Service User, regardless of whatever he tries to provide on the Site.
j) The Service Provider will immediately compensate TUTORSITE's loss if TUTORSITE suffers any damage in the event of any violation of any provision in this Agreement; accepts, declares and undertakes that if TUTORSITE has any money in the Online Payment account, it will be able to claim the loss arising from this amount without any notice or warning.
k) The Service is responsible for any damages that may arise from the Service Users and third parties both at the sales stage and after the sales process is completed and paid for, and the failure to fulfill the obligations specified in this User Agreement. accepts, declares and undertakes that it will cover the rights and receivables and expenses and attorneys' fees arising from all claims and cases to be put forward by its owners and rights holders. There is always the right to recourse lawyers' fees, indemnities and other claims to be made by TUTORSITE against the lawsuits, which will arise from all cases brought by the Service recipients and right holders.
l) The Service is directly responsible for any taxes, duties, fees, payments and similar obligations arising from the service contracts to be concluded between the Service Provider and the Service Provider. Invoice and receipt arrangement on financial matters related to the service will be carried out by the Service Provider.
m) The service provider accepts, declares and undertakes that TUTORSITE can use the information provided by the user and the service subject to the sale in accordance with the Law on the Protection of Consumers and the Regulation on Distance Sales.
n) The service provider accepts, declares and undertakes that he will be responsible for the accuracy of the information regarding both the content and the delivery of the service and that TUTORSITE is not responsible for checking the accuracy of this information provided by him.
o) The service provider accepts, declares and undertakes that he / she will act in accordance with the provisions of the Law on Consumer Protection and the Regulation on Distance Sales and will not make any transaction or statement that restricts or eliminates these provisions. The Service provider accepts, declares and undertakes that he / she is responsible for the Service User within the scope of the Law on the Protection of the Consumer, that TUTORSITE will not be responsible for any disputes, lawsuits and requests arising from the Service User and that it will act in accordance with the provisions of this contract. .
ö) The Service Provider cannot make an agreement with the service provider externally in order not to pay intermediary fee to TUTORSITE without notifying TUTORSITE regarding a service request sent from the Site. If it is determined by TUTORSITE that such an agreement is made and the offer is made, the service provider will be entitled to the TUTORSITE commission fee for the service provided, he will pay the penalty fee of 20.000 TL to TUTORSITE with the related commission, accepts, declares and undertakes that it will not be taken.
p) It is free to become a member of the site as a user. The Service Provider accepts, declares and undertakes to pay commission to TUTORSITE over the service fee for the online tutoring service provided by TUTORSITE. The commission in question is determined by the parties in writing at the stage of becoming a member.
r) The service provider may determine the service fee to be paid by the recipient in return for the service he / she provides, provided that he notifies TUTORSITE during the membership process. The service provider may change this service fee as desired, provided that it is notified to TUTORSITE in advance. The new service fee does not apply to those who have purchased the service before the change in question.
s) In all cases deemed 'force majeure' by law, the Service Provider is not responsible for late or incomplete or not performing any of its obligations determined by this User Agreement. Such and such situations will not be deemed to be delayed, underperforming or non-performing, or default, or any compensation or commission under any name will be requested from the Service Provider.
5.2. Rights and Obligations of TUTORSITE
a) In cases where the service recipients make their service fees through the Online Payment System, TUTORSITE may request a refund or give instructions to the contracted payment institution, if requested by the Service Users. TUTORSITE reserves the right to give instructions to the payment institution and / or to cancel the related Service request so that the relevant service is not provided by the Online Payment System at the specified date and time.
b) TUTORSITE reserves the right to close and delete any services and content offered on the Site, to the access of third parties at all times. TUTORSITE can use this right without any notification and without even prior notice. Users must immediately make the changes and / or corrections requested by TUTORSITE. The damages, legal and criminal responsibilities arising from or may arise due to the failure to fulfill the changes and / or correction requests requested by TUTORSITE in a timely manner by the Users belong to the Users.
c) Through the TUTORSITE Site, third party vendors, providers and other websites and / or portals, files or content that are not under the control of TUTORSITE may provide 'links'. These 'links may be provided by Users or by TUTORSITE only for ease of reference, and are not intended to support the website or the person who operates the site, or any kind of statement or warranty regarding the website or the information it contains. TUTORSITE has no responsibility for portals, websites, files and content accessed through 'links' on the site, services or Products offered from portals or websites accessed through these' links, or their content.
d) TUTORSITE does not take charge as mediator or arbitrator in disputes arising between the Users regarding the Services provided on the Site.
e) TUTORSITE shall identify the messages and / or content that occur between the users on the site, which are against the operation of the Site and / or the User Agreement and / or the general rules of the Site and / or general moral rules and legal regulations and which are not acceptable by TUTORSITE. can scan necessary content and / or messages and remove the detected messages and / or content from access at any time and in any way; TUTORSITE may warn the User who created this message and / or content in writing and / or terminate the User's membership temporarily or permanently without any notice.
f) TUTORSITE inspects all kinds of activities of the users on the site in order to ensure that the service provided on the site is provided in accordance with the law, general morality, public order and this contract. At any stage of the performance of the service, the parties violate the law, this contract, general morality and ethics towards each other or to TUTORSITE; if it has any obscene or political content, behavior and act; TUTORSITE may remove the messages and / or content it detects from access at any time and in any way; may warn the User who created this message and / or content in writing and / or terminate the membership of the User temporarily or permanently, without any notice. At this point, TUTORSITE's subject is complaint, criminal complaint, etc. he has no other responsibility than to transfer it to the judicial units.
g) TUTORSITE may temporarily suspend the operation of the existing system or stop it completely. Users do not pay TUTORSITE any fee regarding the use and membership of the Site. Therefore, they do not have the right and authority to make any requests due to the suspension or suspension of the system, except for the services that have been purchased and turned into rights.
ğ) Users and TUTORSITE are legally independent and separate parties. There is no partnership, agency or employee-employer relationship between them. As a result of the approval and implementation of the User Agreement, no partnership, agency or employee-employer relationship is born.
h) The “user names” that the users upload to the system while subscribing to the Site are also subject to the provisions in this User Agreement and when determining the “user name”, the users should not violate their legal rights such as copyright, trademark, trade name. In the event that the users act against the provision of this article, TUTORSITE may request the correction of this situation in violation of the User Agreement, as it may request from the User, or may cancel the membership of the User temporarily or permanently without prior notice to the User.
i) Responsibility for taxation, funds, penalties, any other liabilities and their interest may arise during the delivery of the service subject to the sale. TUTORSITE, which has the title of Location Provider, has no responsibility for these issues.
i) TUTORSITE may use SMS, e-mail or other technical tools to verify the e-mail address, mobile number and other information of the Users, if desired.
j) TUTORSITE; does not warrant that the site will be error-free, uninterrupted and secure, or that the use of any content, search, or link on the Site or the site will provide certain results.
k) TUTORSITE, the visual and written content presented on the Site and all elements including the whole domain, logo, graphic, sound, icon, design, text, image, html code, applied sales system, business method and business model and related to them. is the owner or licensee of intellectual and industrial property rights and is under legal protection. Unless otherwise specified, it may not be used for commercial or personal purposes without permission or reference. The User is prohibited from posting any item on this site in another medium or on the website, except for his / her own picture and portfolio.
l) In all cases considered to be 'force majeure' by law, TUTORSITE is not responsible for late or incomplete or not performing any of its obligations determined by this User Agreement. For such cases, delays, incomplete performance or non-performance or default for TUTORSITE, or any compensation under any name from TUTORSITE will not be requested for these cases.
m) If it is determined by TUTORSITE without notifying TUTORSITE about a service request sent from the site, TUTORSITE is entitled to the commission fee for the service provided and TISORSITE is entitled to a penalty of 20.000 TL together with the related commission. to TUTORSITE. In the event that this determination is made, the Membership of the Site in question by TUTORSITE is terminated immediately and they are not accepted as users again.
n) TUTORSITE shall receive a commission on the service fee for each service from the Service Provider for the online tutoring service provided on the Site. This commission is determined by the parties in writing at the stage of membership. As soon as the service fee is deposited by the service provider through the online payment system, TUTORSITE will be deemed entitled to the commission fee in question. In case the service is not realized due to the defect or negligence of the service provider, this commission fee will not be refunded.
o) TUTORSITE No guarantee or commitment is made regarding the reliability of the service providers, it is appropriate and competent to provide the relevant service, the provision or timing of the services, the safety and error-free results, the adequacy or reliability of the results obtained from the use of the service, or the quality of the service to meet the expectations.
ö) TUTORSITE is not obliged to keep records during the provision of the service through the platforms integrated with the Service Receiver and the Service Provider.
6. ISSUES RELATED TO THE SOLUTION OF DISPUTES ARISING FROM THE AGREEMENT
6.1. This Agreement is governed by UK laws and regulations.
6.2. If the Parties cannot be resolved peacefully among themselves in any dispute arising from the application and interpretation of this Agreement; they accept and declare that they have the UK authorities for the resolution of these disputes.
7. TERMINATION OF THE AGREEMENT
This User Agreement is in force as long as the User is a member of the Site and will continue to have its terms and results between the parties, without prejudice to the termination rights and powers of TUTORSITE specified in the Agreement. If the user's membership is stopped temporarily or permanently, it will be considered as expired.