Parties
These Terms govern the service and use relationship between Creafair Teknoloji Anonim Şirketi (the "Company"), which operates the UZEM platform (uzem.io), and the person or institution that opens an institution account on the Platform (the "Institution").
- Address: Sururi Mah. Hoca Hanı Sok. No:19/82 Fatih / İstanbul
- Tax office / number: Hocapaşa / 3960659313
- MERSIS: 2749995418999892
- Trade registry no: 849913
- E-mail: [email protected]
- Phone: +90 212 709 10 36
The contract is formed when you accept the Terms at signup; the version, language and content you accepted are recorded. The person signing up on behalf of an Institution declares that they are authorised to represent it.
Definitions
- Platform: the learning management service (software service) provided by the Company that lets institutions deliver online training under their own address and brand.
- User: learners, instructors, staff and administrators that the Institution adds to the Platform or that register on the Institution's platform.
- Paid package: a subscription purchased from the Company through the institution panel, whose capacity, storage and features are shown on the package screen.
The service
- The Platform is a software service provided electronically; there is no physical delivery.
- The basic free package can be used without a time limit.
- Some enterprise add-on modules may be enabled for a limited period. When that period ends, only those modules are switched off; your data and basic use continue.
- Paid packages are purchased through the institution panel. For a paid package purchase, the Pre-Information Form, the Distance Service Agreement and the Cancellation, Refund and Withdrawal Policy shown at checkout apply, and, if automatic renewal is chosen, also the Automatic Renewal and Card Storage Terms. On matters concerning a paid package, those texts take precedence over these Terms.
The Institution's responsibilities
- Keeping account and billing details accurate and up to date, keeping passwords safe and informing the Company when it notices unauthorised access.
- Ensuring that the content it uploads and the third-party accounts it connects (e.g. video conferencing, a payment institution account) are lawful.
- Fulfilling its obligations as data controller for the personal data it processes about its own learners and staff, including providing information notices and, where required, obtaining explicit consent.
- Obtaining the required consents and following the Message Management System (İYS) rules if it sends commercial electronic messages to its own learners and users.
Institutions' own sales
The Platform may include tools that let institutions sell training, courses or products to their own learners. In those sales:
- The seller or provider is the Institution concerned; payment is taken through the Institution's own payment institution account connected to the Platform.
- Pre-contract information, the distance contract, withdrawal, refunds, invoicing and other obligations under consumer law are the Institution's; the Institution publishes its own texts for those sales on its own platform pages.
- The Company is not a party to those sales, and their texts are not mixed with the Company's texts. Mandatory obligations that the legislation imposes directly on the Company remain reserved.
Processing personal data on the Institution's behalf
- The Institution is the data controller for the personal data it processes about its own users on the Platform; the Company processes that data on the Institution's behalf and only to provide the service and carry out the instructions the Institution gives through the Platform.
- The Company takes reasonable care to apply appropriate technical and organisational measures for the security of that data under Article 12 of Law No. 6698, and if it becomes aware of a security incident it endeavours to inform the Institution without delay.
- Hosting and backup, e-mail delivery, security and content delivery and video hosting providers are used to provide the service. Information on these providers and on transfers abroad is in the KVKK Information Notice.
- When the contract ends, data is deleted or anonymised under the retention rules in the KVKK Information Notice.
Prohibited use
Uploading unlawful, infringing or harmful content; attempting to bypass, disrupt or gain unauthorised access to the Platform's security; and sending unsolicited bulk messages are prohibited.
Intellectual property
The Platform's software and design belong to the Company. Content uploaded by the Institution belongs to the Institution; the Company uses it only to provide the service.
Service continuity
The Company takes reasonable care to provide the service continuously and securely; interruptions may occur due to maintenance, updates or technical faults. Unless agreed separately in writing, no specific availability level is promised.
Suspension and termination
- If these Terms are breached, the Company may suspend or close the account.
- If the renewal fee of a paid package is not paid, the institution panel may become read-only after a grace period; data is not deleted for this reason.
- The Institution may request the closure of its account at any time. When the account is closed, personal data is deleted or anonymised under the retention rules in the KVKK Information Notice.
Liability
The Company's liability for intent or gross negligence is reserved. Otherwise, the Company is not liable for damage arising from the Institution's content or the Institution's use of the Platform. Consumers' rights under mandatory legislation are reserved.
Changes
The Terms may be updated; the new version is published on this page with a version number and effective date. Material changes to the detriment of consumers are not applied without your consent. A change of terms by the Company during a running paid package subscription does not affect a consumer buyer's statutory right to terminate.
Governing law and jurisdiction
These Terms are governed by the laws of the Republic of Türkiye. For disputes between merchants or public legal entities, the Istanbul Courts and Enforcement Offices have jurisdiction. This jurisdiction clause does not apply to consumers; consumers may apply, within the monetary limits set by the legislation, to the consumer arbitration committee, and for disputes above those limits to the remedies provided by the relevant legislation, including mediation, and to the consumer court.