Parties
This Agreement is formed electronically, at the moment the order is confirmed, between Creafair Teknoloji Anonim Şirketi (the "Provider"), which operates the UZEM platform (uzem.io), and the natural or legal person who places a paid package order through the institution panel and whose billing details appear at checkout (the "Buyer").
- 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
Sales made by institutions to their own learners through the platform are not the subject of this Agreement; in those sales the seller is the institution concerned and the institution's own terms apply.
Buyer type and applicable provisions
- Individual buyer: For purchases made with individual billing details, the Buyer is treated as possibly being a consumer; the relevant provisions of Consumer Protection Law No. 6502, the Distance Contracts Regulation and the Subscription Contracts Regulation apply. No provision of this Agreement limits a consumer's rights under mandatory legislation.
- Business buyer: For purchases made with company or institution billing details for commercial or professional purposes, the Buyer is not a consumer; consumer legislation (including the right of withdrawal) does not apply and the relationship is governed by the Turkish Code of Obligations and the Turkish Commercial Code. The Buyer declares that it uses the business billing details for commercial or professional purposes.
Subject
The subject of this Agreement is making the package chosen by the Buyer (learner capacity, storage and features) available electronically for the chosen period. The package, period, price, exchange rate, tax and total amount appear in the order summary at checkout and form an annex to this Agreement. The Pre-Information Form and the Cancellation, Refund and Withdrawal Policy are an integral part of this Agreement. The Terms of Use for the general use of the platform also apply.
Price and payment
- The price is the Turkish lira amount including taxes shown at checkout at the time of the order and fixed in the order. Later changes in the exchange rate or tax do not affect the price of a confirmed order.
- Payment is made with the methods offered at checkout. For card payments the card details are not stored by the Provider; they are processed by a licensed payment institution. If no online payment method is offered, the order is recorded as a request without taking payment; the package is not activated until payment is collected.
- The invoice is issued after payment is collected according to the billing details the Buyer confirmed at checkout and is sent to the e-mail address in the billing details. The Buyer is responsible for the accuracy of the billing details.
Performance
- The service starts once payment is collected and confirmed and runs for the period. There is no physical delivery.
- An upgrade to a higher package applies immediately; the part of the amount paid that falls on the remaining time is deducted from the new package amount, and any excess is not refunded.
- A switch to a lower package, from yearly to monthly or to the Free package applies at the end of the period.
Renewal
- Automatic renewal is optional. Only if the Buyer gives explicit consent at checkout (or later in the institution panel), with separate checkboxes, both to storing the card with the payment institution and to automatic charges, is the card stored and the package renewed automatically at the end of the period for the same period length at that day's list price, exchange rate and tax. Details are in the Automatic Renewal and Card Storage Terms. The option is shown only while the platform offers it and only for a payment method that supports it; if it is not shown, the card is not stored and renewal is manual.
- Without this consent (also for card payments) the card is not stored and no automatic charge is made; the Buyer pays the renewal manually at the end of the period. With bank transfer/EFT the Buyer always pays the renewal.
- Automatic renewal can be turned off in the institution panel at any time. Turning automatic renewal off does not cancel the subscription: the package runs until the end of the period and the renewal is paid manually.
- Ending the subscription (leaving the package) is a separate action: before the period ends, a switch to the Free package or a lower package is scheduled in the institution panel; the change applies at the end of the period.
- If the renewal fee cannot be collected, the Provider retries collection a few times; after a short grace period the institution panel may become read-only. Data is not deleted in that case; use continues once payment is made.
Termination
- Individual buyers: In the cases provided by the Subscription Contracts Regulation (for indefinite-term subscriptions or subscriptions of one year or longer, at any time without giving a reason and without a penalty; for shorter subscriptions, if the Provider changes the terms) the Buyer may terminate the subscription. Notice of termination may be given in writing or on a durable medium (e.g. e-mail: [email protected]); the Provider carries out the termination request within 7 days at the latest and refunds the unused part of the fee paid, without deduction, within 15 days of the termination notice taking effect.
- Business buyers: The Buyer may end the subscription at the end of the period; for a cancellation at its own request in the middle of a period, no partial or pro-rata refund is made for the paid period. Rights under mandatory legislation are reserved.
- In case of a material breach of the Terms of Use, the Provider may suspend or terminate the agreement under the principles in the Terms of Use.
Obligations of the parties
- The Provider provides the service in accordance with the Terms of Use and takes reasonable care, apart from planned maintenance, to keep the service running.
- The Buyer keeps its account and billing details accurate, uses the platform in accordance with the Terms of Use and is responsible for the content it uploads.
- The processing of personal data is subject to the KVKK Information Notice and the Privacy Policy.
Right of withdrawal, cancellation and refunds
The right of withdrawal, cancellation and refund terms are set out by Buyer type in the Cancellation, Refund and Withdrawal Policy. For individual buyers, the separate confirmation that the service starts immediately before the withdrawal period ends, and its effect on the right of withdrawal, are explained in that policy.
Disputes
- Buyers who are consumers may apply, within the monetary limits set each year by the Ministry of Trade, to the consumer arbitration committee; for disputes above those limits, they may apply to the consumer court, subject to first applying to a mediator before filing a lawsuit under Article 73/A of Law No. 6502.
- This Agreement is governed by the laws of the Republic of Türkiye. For disputes between merchants or public legal entities, as in the Terms of Use, the Istanbul Courts and Enforcement Offices have jurisdiction. This jurisdiction clause does not apply to consumers.
Records and entry into force
At checkout the Buyer confirms that it has read the Pre-Information Form and accepts this Agreement. The confirmed version, language and content are recorded together with the order; a copy is sent automatically after the order is created to the e-mail address in the billing details and to the e-mail address of the user who placed the order. The Agreement enters into force when the order is confirmed and remains valid until the package subscription ends.