Terms and Conditions
TTURKISH TERMS OF SERVICE
Kindly review the Terms of Service (hereinafter referred to as the "Terms") meticulously prior to engaging with the TTurkish Platform and/or Services (as defined below). Should you decline acceptance of these Terms in their entirety, including the accord to arbitrate any claims on an individual basis between yourself and Tturkish, Inc. (referred to as "tturkish.com," "we," and "us"), a corporation duly registered and organized under the laws of the state of Delaware, it is imperative that you refrain from accessing or utilizing the TTurkish Platform.
1. GENERAL INFORMATION
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Terms of Service
The following delineate the terms and conditions governing your access to and utilization of the website, situated at www.tturkish.com, along with its sub-domains (collectively referred to as the "Website"), the associated mobile device application, and software, collectively identified as the "TTurkish Platform."
The utilization of the Services is contingent upon adherence to these Terms and any additional regulations or guidelines promulgated on the Website or otherwise provided to you by TTurkish.
Upon creating an account on the TTurkish Platform, you acknowledge that you are entering into a legally binding contract with TTurkish as of the present date. By doing so, you manifest your unequivocal acceptance of these Terms.
These Terms, alongside the Refund and Payment Policy, Privacy Policy, Cookies Policy, and any service-specific terms accessible in the Legal Center, collectively constitute legally binding agreements that govern the relationship between TTurkish and any user (referred to as "User" below) or visitor of the TTurkish Platform. In your capacity as a User or visitor of the TTurkish Platform, it is imperative to recognize that the collection, utilization, and sharing of your personal data are subject to the Privacy Policy and Cookie Policy, subject to periodic amendments.
1.2. TTurkish Services
Your engagement with the TTurkish Platform may take the form of: (i) a registered user in search of online language teaching and tutoring services through the TTurkish Platform or other tools provided by TTurkish (referred to as the "Student"); (ii) a registered user offering online language teaching and tutoring services via the TTurkish Platform or other tools offered by TTurkish (referred to as the "Tutor"); or (iii) a visitor to the Website, including the TTurkish Blog.
Within the context of these Terms, the terms "you" or "your" may pertain, as appropriate, to the Student, the Tutor, or a visitor utilizing any of our Services, collectively referred to as the "User."
TTurkish Services encompass the availability of the TTurkish Platform for Students and Tutors, facilitating connections for online language teaching and tutoring services, handling payments between Students and Tutors, and providing customer support and related services (collectively designated as the "Services"). It is noteworthy that TTurkish does not directly deliver language teaching and tutoring services. The teaching and tutoring services accessible on the TTurkish Platform adhere to the specific terms articulated in the Legal Center. You are accountable for acquiring and covering the costs associated with any equipment and Internet service essential for accessing the Services.
The TTurkish Platform may experience periodic unavailability due to maintenance, technical malfunctions, or other unforeseen circumstances. Additionally, we may offer access to third-party services and products periodically, including our proprietary products or Services. You acknowledge the dynamic nature of the TTurkish Platform, and the form and characteristics of the Services may undergo changes periodically without explicit notice to you.
1.3 Amendment to these Terms
We retain the authority to revise or modify these Terms at our discretion, and such changes will be communicated by posting an updated version on the Website. Additionally, we will notify you through the TTurkish Platform or via the email address associated with your account in the event of a significant modification.
The most recent version of the Terms is available on this page, and we strongly recommend periodic review. Should you disagree with any amendments to these Terms, you retain the right to terminate this agreement by discontinuing your use of the Services, issuing a termination notice to Prepare, or deleting your account. Continuing to use the Services subsequent to any modification of these Terms indicates your acceptance and binding agreement to the revised Terms.
2. OBLIGATIONS
2.1. Services Eligibility
The use of our Services is restricted to individuals aged 18 years and above, who possess the legal capacity to enter into binding contracts as per relevant laws. In cases where individuals are under 18 but not less than 13 years of age, they may utilize our Services only under the supervision and in conjunction with a parent or legal guardian. The parent or legal guardian assumes responsibility for all activities associated with the use of the Services by such individuals.
You hereby affirm and commit to ensuring that no individual under the age of 13 utilizes the Services.
2.2. Identity Verification Procedures
In the pursuit of maintaining the utmost integrity and reliability within our services, TTurkish, as part of its procedural framework, may extend an official request to Tutors for the submission of requisite documentation for comprehensive identity verification. These documents include a government-issued ID, such as a passport or driver's license, coupled with substantiating materials affirming the Tutor's educational credentials, encompassing diplomas, certificates, and other pertinent documents. The Tutor, as a component of this verification process, is obligated to meticulously upload authenticated copies of both their government-issued ID and educational documents.
Upon the successful completion of the verification process, a distinctive and emblematic badge is judiciously appended to the Tutor's profile, serving as a visual testament to their verified status. It is imperative to underscore that within this meticulous verification procedure, TTurkish assumes a position of neutrality and abstains from endorsing or providing any explicit representation or warranty regarding the accuracy, completeness, or reliability of the information proffered by Tutors.
While TTurkish diligently endeavors to foster a secure online environment, it is important to note that the platform cannot comprehensively ascertain the identity of every user. Consequently, you, as a user, acknowledge and embrace the understanding that engaging with our services entails assuming all associated risks. This encompasses the inherent uncertainties concomitant with both online and offline interactions with fellow users.
In the spirit of prudence, we encourage users to exercise utmost caution, sagacity, and discretion during interactions with their counterparts. This proactive approach ensures the safeguarding of personal safety and possessions, akin to the protocols exercised when interacting with unfamiliar entities. It is expressly stated that TTurkish, along with its affiliates and licensors, disclaims any explicit responsibility for the conduct, whether online or offline, of any user utilizing the services. In this regard, TTurkish, its affiliates, and licensors explicitly disavow any liability for claims, injuries, or damages arising from or associated with your utilization of the services.
2.3. Utilization of Consumer Reports
TTurkish may, at its discretion, engage third-party consumer reporting agencies to conduct various assessments, including criminal background checks, sex offender registry checks, motor vehicle records checks, credit checks, and identification verifications, collectively referred to as "Consumer reports." It is imperative to underscore that TTurkish neither endorses nor provides any explicit representations or warranties regarding the reliability of such Consumer reports or the precision, timeliness, or comprehensiveness of the information contained therein. TTurkish refrains from independently verifying the information encapsulated within these Consumer reports.
By availing yourself of TTurkish's services, you hereby provide your explicit consent for TTurkish to collect, utilize, and disclose the information encompassed within the Consumer reports. It is important to acknowledge and agree that TTurkish, at its sole discretion, reserves the right to review and rely upon the information contained in the Consumer reports when determining whether to suspend or terminate a User account or to investigate a complaint about a User. However, TTurkish explicitly disclaims any responsibility or liability in the event that any information within the Consumer reports, pertaining to any individual, including Users, proves to be inaccurate, untimely, or incomplete.
Users who find themselves subject to Consumer reports have the option to initiate contact with the third-party consumer reporting agency to contest the accuracy, timeliness, or completeness of the information. Furthermore, TTurkish retains the prerogative to suspend and/or terminate a User account based on the information garnered from the Consumer reports or for any other reasons deemed fit at TTurkish's sole discretion. This discretion is exercised with a judicious approach to maintaining the integrity and safety of the TTurkish community.
2.4. Data Privacy
Utilizing the TTurkish Platform is feasible without the necessity of furnishing personally identifiable information. However, during the utilization of our Services, you may be prompted to disclose personal data. For an in-depth understanding of our privacy protocols, kindly refer to the TTurkish Privacy Policy.
2.5. Payment Processing
The TTurkish Platform engages the services of esteemed third-party payment processors, including but not limited to Braintree, PayPal, Stripe, Skrill, Payoneer, and TransferWise. These processors facilitate pivotal functionalities such as billing Students, negating the need for direct credit/debit card processing, and facilitating seamless payouts to Tutors.
It is crucial to emphasize that any payment made by a Student to TTurkish adequately fulfills the Student's financial obligation for the tutoring services availed through the TTurkish Platform. Comprehensive insights into payment security and billing information safeguards can be found within our Privacy Policy.
We employ the services of Braintree, PayPal, and Stripe to handle billing for Students, alleviating the direct processing of credit/debit card information. Simultaneously, PayPal, Skrill, Payoneer, and TransferWise are utilized for the expeditious disbursement of funds to Tutors. Further elucidation on the security measures governing your payment and billing information is elucidated in our Privacy Policy.
For clarity, it should be noted that payments rendered by Students to TTurkish effectively discharge the Student's financial responsibility vis-à-vis the compensation owed to the Tutor for the rendered tutoring services via the TTurkish Platform.
Moreover, the incorporation of additional payment terms is outlined in meticulous detail within the Refund and Payment Policy for your perusal.
2.6. Reimbursement Procedures
In our commitment to fostering transparent financial interactions between Students and Tutors in the context of the services provided, TTurkish places paramount importance on elucidating the intricacies of our refund procedures. To gain comprehensive insights into our approach towards refunds, we encourage you to peruse our Refund and Payment Policy. It is essential to underscore that, to the fullest extent permissible by law, decisions regarding refunds rest solely within our discretion.
3. RIGHTS AND LIMITS
3.1. User Entitlements to Utilize the TTurkish Platform
Should you assume the role of a Student, TTurkish extends to you, under the terms delineated herein, an exclusive, non-transferable, non-sublicensable, non-exclusive, and limited right to access and utilize the TTurkish Platform. This privilege is granted solely for your personal, non-commercial use.
In the event that you take on the role of a Tutor, TTurkish bestows upon you, in alignment with the stipulations herein, a non-transferable, non-sublicensable, non-exclusive, and limited right to access and employ the TTurkish Platform. This right is exclusively designated for the provision of tutoring services to Students.
It is incumbent upon you to refrain from accessing or procuring content or information from the TTurkish Platform through automated means, such as scripts, bots, spiders, crawlers, or scrapers. Engaging in data mining technology or processes to frame, mask, extract data, or other materials from the TTurkish Platform, unless explicitly authorized by TTurkish through a separate written agreement, is strictly prohibited.
Moreover, any solicitation or engagement of Tutors for the completion of assignments, writing papers, taking quizzes, or any other work on your behalf is expressly prohibited. The Services must not be utilized for purposes that contravene the academic honesty policy or other conduct policies of your educational institution or workplace. Materials provided by TTurkish as part of the Services are subject to stringent usage restrictions and may not be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed without prior written permission from TTurkish, except as expressly permitted in these Terms.
The sharing or transfer of your account credentials with any third party is strictly prohibited. TTurkish reserves the right to impose reasonable limitations on the scope of your access to the TTurkish Platform, including constraints on time or volume of information accessed or devices used, to prevent unauthorized third-party use of the Services.
3.2. User Account Management
A subset of our Services is exclusively accessible to registered users. To join this cohort, you must establish either a Student or Tutor account on the TTurkish Platform. It is incumbent upon you to safeguard your account credentials to prevent unauthorized use, and you bear responsibility for all activities transpiring under those credentials. Prompt notification is imperative if there is any suspicion of unauthorized access or usage of your account credentials, facilitating the adoption of appropriate measures.
The option to utilize the Website and its features without formal registration remains available. However, this exemption does not absolve you from adherence to these Terms and other rules and policies promulgated by TTurkish, which apply comprehensively to your interactions with the Website.
Certain constraints are imposed to maintain the integrity of user accounts, including a prohibition on (i) creating more than two accounts (one as a Tutor and one as a Student), (ii) sharing account credentials with third parties, or (iii) transferring accounts to external entities. TTurkish disclaims responsibility for any losses or damages arising from the failure to secure account credentials. You explicitly undertake not to rent, resell, or market the TTurkish Platform or provide Services access to any third party.
Upon the creation of an account on TTurkish, personal data may be collected either directly from you or, if utilizing a third-party service (such as Facebook, Google, or Apple), from the respective service. Choosing third-party service integration authorizes TTurkish to collect necessary personal data for account authentication.
For Student accounts, profile photos or connections to Google/Facebook accounts may be chosen at your discretion. The provision of a photo is optional. The security of shared personal data is subject to our Privacy Policy. Conversely, Tutor accounts necessitate the obligatory submission of a profile photo and video introduction.
User account customization is permitted, enabling the addition of details such as country, language skills, education, and work experience, at your discretion. Augmenting information in your Tutor account can enhance the utility of our Services, aiding in connecting with more Students. The choice of divulging additional data within your account is yours, and the security thereof is governed by our Privacy Policy.
3.3. Mediation of Direct Interactions
TTurkish refrains from active participation in direct interactions between Students and Tutors unless deemed necessary:
(a) to ensure adherence to these Terms;
(b) to enhance the quality of our Services; or
(c) as explicitly outlined in our Refund and Payment Policy.
TTurkish does not exert control over the services rendered by Tutors, the reviews or ratings provided by Students, or any acts and omissions of Users.
3.4. Representations and Warranties
Tutor-Specific Representations
Should you opt to utilize the Services as a Tutor, you explicitly agree to:
(i) provide tutoring services in accordance with these Terms and supplementary policies communicated by TTurkish through email or posted on the Website;
(ii) deliver tutoring services in compliance with the prevailing laws and regulations in the jurisdiction where you operate;
(iii) assume sole responsibility and full liability for any breaches of local laws and regulations pertinent to your provision of tutoring services;
(iv) dispense tutoring services with due care, skill, and adherence to recognized industry practices;
(v) secure all requisite registrations, certifications, licenses, and documentation mandated in the applicable jurisdiction for the provision of tutoring services, with a commitment to maintaining their validity;
(vi) refrain from providing tutoring services to Students outside the TTurkish Platform, receiving direct payments from Students, or encouraging alternative payment channels;
(vii) acknowledge that TTurkish may advertise the tutoring services you offer via the TTurkish Platform without additional compensation or obligation;
(viii) acknowledge that TTurkish may enhance the quality of the video provided for your account by editing, adding the TTurkish logo, improving sound quality, and featuring it on TTurkish social media accounts with a description and link to your profile.
Student-Specific Representations
Should you engage with the Services as a Student, you pledge to:
(i) honor the commitments made to the Tutor via the TTurkish Platform;
(ii) refrain from circumventing or manipulating the fee structure, billing processes, or fees owed to TTurkish or the Tutor;
(iii) make good faith efforts to engage with Tutors.
3.5. Utilization of Tutors’ Introduction Video and Profile Photo
Tutors confer upon TTurkish the rights to leverage their introduction video, name, and profile photo for marketing, advertising, or promotional purposes. This includes publication on social media channels, video hosting, and streaming services, such as YouTube, Vimeo, Facebook, or others, ensuring accessibility and visibility to Students. Tutors retain the option to request the removal of any introduction videos published on social media channels, video hosting, and streaming services by contacting support@tturkish.com.
3.6. Tutors’ Ranking
TTurkish employs a myriad of information to present Students with Tutors aligning with their preferences. The display order of Tutors is influenced by factors including, but not limited to:
The subject sought by the Student.
The Student's country.
The Student's preferred language on the TTurkish Platform.
The time zone of the Student.
Overlap in standard business hours between the Tutor and Student's time zones.
Overall availability of time slots on a Tutor's calendar.
Past performance of a Tutor in helping Students achieve learning goals.
Completeness and quality of the Tutor's profile information, including profile photo and introduction video.
Responsiveness of the Tutor to Student messages.
Student reviews and ratings.
Student's learning history on the TTurkish Platform.
3.7. User Grievances
If a User wishes to address a complaint about our Services, they are encouraged to contact TTurkish at complaint@tturkish.com, utilizing the subject line ‘Formal Complaint’ (the “Complaint”). In the Complaint, please provide as much detail as possible. TTurkish will respond to confirm receipt and subsequently investigate the matter. The internal investigation conducted by TTurkish customer support will consider the importance and complexity of the raised issue or issues. If the Complaint pertains to a specific TTurkish employee, an alternative TTurkish representative will oversee the investigation.
Upon completion of the investigation, TTurkish will respond to the User, presenting its findings and, where applicable, proposing a suggested solution.
3.8. Lesson Recording
By utilizing the Services, you acknowledge and consent to TTurkish occasionally recording videos of your lessons. This recording is exclusively intended to uphold the quality of the Services. Recordings will not be disseminated externally, employed for individual targeting, or utilized for sales, marketing, or other promotional purposes. Your consent for such recordings is gratuitous, unsolicited, and without restriction. TTurkish may leverage these recordings without any fiduciary or additional obligation and without providing extra compensation.
You retain the option to opt-out of lesson recordings or request the removal of existing recordings by communicating with us at support@tturkish.com.
3.9. Referral Program
The Students (hereafter referred to as the Student Referrer) and the Tutors (hereafter referred to as the Tutor Referrer) have the opportunity to invite individuals not previously registered on the TTurkish Platform (hereafter referred to as the Referee) through a referral link. Clicking on this link entitles the Referee to a discount on their initial purchase via the TTurkish Platform.
Referral links are exclusive to the Referee to whom they are sent and are subject to strict enforcement. TTurkish reserves the right to terminate accounts found in violation and remove any credits or referral bonuses amassed in breach of these Terms or Promotional terms, with or without notice. The eligibility criteria and other conditions will be disclosed during sign-up for the Services or as otherwise communicated by TTurkish.
Students
The Student Referrer is eligible to receive a discount when the Referee makes their initial purchase using the referral link. The discount amount for the Student Referrer and the Referee is subject to change. Credits are valid exclusively for booking lessons on TTurkish, are not redeemable for cash, and cannot be resold. Credits remain valid for 180 days from the Referrer’s most recent log-in date. If the Referrer has not logged in for 180 days, all credits will expire and become irrecoverable.
Tutors
The Tutor Referrer is entitled to receive a referral bonus for every purchase the Referee makes. The referral bonus can be withdrawn as cash. The referral bonus amount for the Tutor Referrer and Referee is subject to change.
3.10. Adherence to Limits
While engaging with the Services, users are obligated to comply with the User Code of Conduct.
4. TTurkish Content
Users are granted a personal, non-transferable, non-exclusive right to utilize the TTurkish Content of the TTurkish Platform, subject to these Terms. The term “TTurkish Content” encompasses all information, text, images, data, links, or other material accessible through the TTurkish Platform, whether generated by us or provided by a third party. The Content may contain typographical errors, inadvertent mistakes, or inaccuracies. We reserve the right to modify the TTurkish Content without the obligation to issue notice of such changes. You may view, copy, download, and print the TTurkish Content available on or through the TTurkish Platform, subject to the following conditions:
(a) The TTurkish Content is available solely for your personal use. No part of the TTurkish Platform or the TTurkish Content may be reproduced or transmitted for any other purpose, electronic or mechanical, including photocopying and recording;
(b) The TTurkish Content may not be modified;
(c) Copyright, trademark, and other proprietary notices may not be removed.
Nothing on the TTurkish Platform should be construed as granting any license or right to use the TTurkish Platform or any TTurkish Content, except as expressly permitted by these Terms or with our prior written permission or the permission of the third party owning the trademark or copyright of the TTurkish Content.
**5. USER-CREATED CONTENT**
The term "User-Generated Content" encompasses all comments, information, feedback, text, photographs, links, data, images, video, music, or other material that you or any User posts to any section of the TTurkish Platform or provides to TTurkish, including content or information resulting from surveys.
We do not bear responsibility for the conduct of Users or for the views, opinions, and statements expressed in the User-Generated Content submitted for public display through the TTurkish Platform. We do not prescreen information posted online and act as a passive conduit for distribution, not being responsible for the User-Generated Content. Opinions, advice, statements, services, offers, or other information expressed in User-Generated Content are those of the respective author(s) or distributor(s) and not of TTurkish. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such User-Generated Content. You are accountable for ensuring that the User-Generated Content submitted to the TTurkish Platform does not violate any copyright, trade secret, or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secrets, or other intellectual property rights, or any other harm resulting from your use, uploading, posting, or submission of User-Generated Content to the TTurkish Platform.
We retain the right, without obligation, to randomly monitor, edit, or remove any User-Generated Content submitted on or through the TTurkish Platform at any time. If you believe that your intellectual property rights have been infringed, please submit your complaint to legal@tturkish.com.
**6. LINKS TO THIRD-PARTY WEBSITES**
The TTurkish Platform may include links to non-TTurkish websites for your convenience and in connection with the Services. TTurkish is not accountable for the content of any linked website. Any non-TTurkish website accessed from the TTurkish Platform is independent from TTurkish, and TTurkish has no control over that website's content. A link to any non-TTurkish website does not imply that TTurkish accepts responsibility for the content or use of such a website. Use of any third-party website is subject to its terms of service and privacy policy. We advise Users to exercise caution and good judgment when using third-party websites.
**7. ADVERTISEMENT**
TTurkish may display advertisements and promotions sponsored by third parties on the TTurkish Platform. Your dealings with or participation in promotions of advertisers found on or through the Services are solely between you and such advertisers. TTurkish is not responsible or liable for any loss or damage incurred as a result of any such dealings or the presence of non-TTurkish advertisers on the TTurkish Platform.
TTurkish may run advertisements on non-TTurkish websites to promote the tutoring services you provide via the TTurkish Platform.
**8. NO IMPLIED ENDORSEMENTS**
Any reference to a third party or third-party product or service shall not be construed as an approval or endorsement by TTurkish. We do not endorse, warrant, or guarantee any product or service offered by any third party and will not be a party to or in any way monitor any transaction involving any third-party providers of products or services. As with the purchase of a product or service through any medium, you are responsible for exercising caution and good judgment.
**9. RELATIONS BETWEEN TTURKISH AND USERS**
In delivering the Services, TTurkish acts as an on-demand intermediary connecting Students and Tutors, providing tools to facilitate tutoring services. Users acknowledge that TTurkish is a technology services provider and not an online tutoring service or language learning school.
TTurkish does not serve as an employer of any User, unless explicitly stated in a signed, written employment contract between the User and TTurkish. Users can use the Services exclusively for providing and receiving tutoring services, subject to these Terms.
TTurkish will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, workers’ compensation insurance, social security, or payroll withholding tax associated with Users' use of Services. Users are solely responsible for complying with applicable tax regulations related to their use of the Services. Users agree to compensate TTurkish for any state fees, claims, payments, fines, or other tax liabilities resulting from their failure to meet applicable tax or other regulations.
In all instances on the TTurkish Platform, Users act as independent contractors and not as employees, agents, franchisees, or servants of TTurkish or any other party. Users are responsible for all costs incurred, and they may not act as an employee, agent, or representative of TTurkish, nor bind any contract on behalf of TTurkish. Users are not entitled to employee benefits offered by TTurkish.
The Services connect Students with Tutors who act as independent contractors. Tutors have control over the methods, materials, content, and all aspects of the tutoring services. Tutors may perform tutoring services for others, including with competitors of TTurkish, provided it doesn't violate the Terms.
**10. ASSIGNMENT**
Users may not assign or transfer their rights or obligations under these Terms to any third party without TTurkish’s written consent. These Terms are binding and benefit the parties, their successors, permitted transferees, and assigns.
**11. FEEDBACK**
Users may provide feedback, suggestions, and ideas about the Services or the TTurkish Platform (the “Feedback”). By submitting Feedback, Users consent to its use by TTurkish for improvement and promotion of the Services. Users agree that submitting Feedback is gratuitous and without restriction. TTurkish may use Feedback without additional compensation and disclose it on a non-confidential basis.
Users acknowledge that TTurkish's acceptance of Feedback doesn't waive rights to use similar ideas known or developed independently. Users grant TTurkish a perpetual, worldwide, transferable, sublicensable, irrevocable, royalty-free license to use Feedback in any manner for any purpose.
**12. REVIEWS**
TTurkish may calculate composite ratings based on comments and reviews. Tutors agree to be rated by Students along several criteria suggested by TTurkish. TTurkish provides an automatic feedback and rating system for Users to express opinions publicly. TTurkish does not monitor or censor opinions unless reported. Users are responsible for reporting violations or abuses of the rating and feedback system.
**13. NOTIFICATIONS**
TTurkish communicates with Users via email, regular mail, or by posting on the TTurkish Platform. Users consent to receive electronic communications, satisfying legal requirements. Notices sent to the email address provided within the account or posted on the TTurkish Platform are considered received. Users must keep their email address updated. Failure to respond within 2 business days to critical communications may result in account termination. Legal notices to TTurkish must be in writing and delivered to the specified address in Montenegro.
**14. TERMINATION**
Except for Tutors, TTurkish reserves the right to terminate a User's access to the TTurkish Platform at its sole discretion, with or without prior notice, for any reason. TTurkish may terminate Users violating these Terms. For Tutors, termination may occur immediately for non-compliance, including a material breach of the agreement, or upon 30 days' advance written notice for any reason.
TTurkish may delete or restrict access to related information and files, and it will not be liable for any modification, suspension, or termination of the Service. In case of suspension or termination due to a breach, Users receive no refund for unused funds or scheduled lessons, and any remaining funds may be withheld as liquidated damages. Accounts inactive for more than 180 days will be suspended, and the remaining balance will expire.
Even after termination or suspension, these Terms remain enforceable against the User.
**15. INTELLECTUAL PROPERTY RIGHTS**
All intellectual property related to the TTurkish Platform, its design, layout, and published material, belongs to TTurkish or its licensors. Users may not copy or use any part of the TTurkish Platform without prior written permission.
Unless otherwise noted, all TTurkish Content on the Platform is the property of TTurkish or its affiliates, protected by copyright, trademark, and other intellectual property laws. Service marks and trademarks, including TTurkish and logos, are owned by TTurkish, Inc. Other trademarks, service marks, logos, and trade names belong to their respective owners.
Users may not link or frame pages of the Website or any TTurkish Content without prior written consent. Rights not expressly granted are reserved by TTurkish.
17. CONFIDENTIALITY
Users gain access to certain confidential information through the Services, encompassing personally identifiable details, technical specifics, contractual data, and more, collectively referred to as "Confidential Information." Users commit to maintaining strict confidentiality, utilizing such information solely for the purposes outlined in these Terms, and refraining from disclosing it to any third party. It's emphasized that all rights, titles, and interests related to Confidential Information remain vested in TTurkish. Notwithstanding the confidentiality obligations, Users are exempt in circumstances where the information was already known to them, publicly accessible, acquired from a third party without confidentiality obligations, independently developed, or disclosed in response to a valid court order.
18. DISCLAIMER OF WARRANTY
The utilization of the Services is entirely at the user's own risk. TTurkish explicitly disclaims any liability associated with interactions, transactions, or dealings with third parties, including Students or Tutors. The information available on the TTurkish Platform is provided "as is" and is grounded, in part, on unverified listings provided by Tutors. TTurkish provides no warranty, whether express or implied, encompassing but not limited to merchantability, fitness for a specific purpose, or non-infringement. TTurkish assumes no responsibility for the conduct between Users or the outcomes stemming from the utilization of the Services. Furthermore, TTurkish does not endorse Tutors nor vouch for their professional qualifications.
19. LIMITATION OF LIABILITY
(a) Disclaimer: TTurkish disclaims any liability for direct, indirect, special, incidental, or consequential damages arising from the use of the TTurkish Platform, whether based on warranty, contract, tort, or any other legal theory.
(b) Limitation: The total cumulative liability of TTurkish under these Terms, associated with the TTurkish Platform, the Services, the TTurkish Content, or any listing or services, whether in contract, tort, or otherwise, shall not exceed the amounts paid to TTurkish for the Services in the preceding three months.
(c) Waiver of Class Action: Both parties agree that claims must be brought individually and not as part of a class or representative proceeding.
20. EXCLUSIONS
Certain jurisdictions might not permit the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Consequently, some of the above limitations may not be applicable.
21. INTERNATIONAL
While the TTurkish Platform and Services are globally accessible, references to products do not imply their availability outside the U.S. Users accessing the Platform from locations beyond the U.S. are responsible for adhering to local laws.
22. EXPORT CONTROL
The TTurkish Platform may be subject to U.S. export laws. Users in specific sanctioned regions, such as Iran, Sudan, and others, may face restrictions. Access from these areas may be blocked due to legal constraints.
23. LIQUIDATED DAMAGES
In recognition of the complexities associated with estimating damages in the event of a breach of these Terms, both TTurkish and the User agree that the funds withholdable under Section 14 will be deemed as liquidated damages, not penalties. This acknowledgment is coupled with an understanding that assessing the precise amount of loss or damages is challenging. The agreed-upon amounts under Section 14 are deemed reasonable, bearing a rational relationship to the probable losses stemming from a material breach by a User. The agreement also acknowledges the uncertainty and cost of litigation related to actual damages, reinforcing the liquidated damages provision as a pragmatic solution.
24. INDEMNIFICATION
By utilizing the Services, Users commit to indemnifying, defending, and holding TTurkish harmless from any claims, damages, losses, liabilities, and associated costs and expenses, including attorneys' fees. This indemnification extends to claims arising from a third party and encompasses various scenarios such as acts or omissions on or off the TTurkish Platform, violations of rights, breaches of these Terms, disputes with other Users, and the use or misuse of the TTurkish Platform. Users agree to cooperate with TTurkish in the defense of such claims. Additionally, Users release TTurkish from any claims or damages arising from disputes with other Users.
25. DISPUTE RESOLUTION
Consumer claims' disputes will be conclusively settled through individual arbitration in Delaware, USA, under the Commercial Arbitration Rules of the American Arbitration Association (AAA). All disputes related to these Terms will undergo individual arbitration in Delaware, USA, unless a U.S. User chooses a location within 160 kilometers of their residence. The arbitration process will be conducted in English, with a single arbitrator appointed by mutual agreement or, if disagreement arises, selected by the AAA. Both Users and TTurkish expressly waive the right to resolve disputes in court or on a class, collective, or representative basis. The arbitration costs will be shared equally, subject to exceptions, and the arbitrator's decisions will be binding. TTurkish retains the right to seek injunctive relief or other equitable remedies from a competent court.
27. NON-SOLICITATION
Users are explicitly prohibited from leveraging the Services for the purpose of soliciting or promoting any other business, website, or service. It is imperative that, without obtaining explicit written consent from TTurkish, Users refrain from engaging in any form of solicitation, advertising, or contacting other Users for purposes unrelated to the services facilitated through TTurkish. Moreover, the Service should not be utilized to collect usernames and/or email addresses of Users through electronic or any other means without the prior written consent of TTurkish.
28. HEADINGS
The inclusion of headings and captions within these Terms serves the purpose of convenience and should not be construed as having a substantive impact on the interpretation or construction of the Terms.
29. ENTIRE AGREEMENT. SEVERABILITY
These Terms, along with any potential amendments and supplementary agreements that Users may enter into with TTurkish in connection with the Services, collectively constitute the entire agreement between Users and TTurkish. In the event that any provision of these Terms is deemed unlawful, void, or unenforceable, such a provision will be considered separable, with the remaining provisions retaining their validity and enforceability.
30. CONTACTS
For additional information or should you have any questions or concerns about these Terms, please do not hesitate to contact us at support@tturkish.com. We value open communication and are committed to addressing any inquiries you may have.