Membership Agreement
Membership Agreement
CLASSEST provides a platform that connects individuals ("Members") seeking educational services—including but not limited to live lessons, assignments, exams, assessments, guidance, educational coaching, and student coaching services through real-time training sessions and/or asynchronous broadcasts—with highly-regarded and professionally accomplished instructors ("Partners"). This Membership Agreement ("Agreement") governs the use of the classest.com website (the "Site") and the CLASSEST mobile application (the "Application") by all Members and Partners.
You may use the services and/or products offered on the Site only if you can form a binding contract with CLASSEST. You represent and warrant that you are of legal age to form a binding contract. If the Member is a minor (under the legal age of majority), they acknowledge that they may not access the Site unless verifiable consent is provided by a parent and/or legal guardian, who also accepts this Agreement on the minor's behalf.
1. Parties to the Agreement
1.1. The Company
CLASSEST TEKNOLOJİ ANONİM ŞİRKETİ, residing at ESENTEPE MAH. BÜYÜKDERE CAD. FERKO SIGNATURE NO: 175 İÇ KAPI NO: 6 ŞİŞLİ / İSTANBUL, which operates the website at the domain classest.com and the CLASSEST applications. (Hereinafter referred to as “CLASSEST” or "the Company").
1.2. The Member
The internet user who registers as a member on the website and/or mobile applications affiliated with the CLASSEST brand (Hereinafter referred to as the "Member").
This Agreement is entered into between CLASSEST and the natural and/or legal person who registers as a Member on the Site, under the terms and conditions set forth below. This Agreement shall enter into force upon its electronic acceptance by the Member and shall remain in effect unless terminated by the parties in accordance with the procedures specified herein.
By becoming a member of the Company, you are deemed to have fully understood and accepted all the terms below, which contain important information regarding your membership, as an inseparable whole.
Please read this Membership Agreement and its appendices carefully before becoming a member of the Company. If you do not approve all the articles and provisions contained in the Membership Agreement and its appendices, do not complete the membership process. During the creation of a new membership, you will encounter a section where you declare that you have read these texts; checking this box signifies your acceptance of all the articles in the documents below and the supplementary documents.
2. Subject of the Agreement
2.1. The subject of this Agreement is to determine the rights and obligations of the parties concerning the sale, delivery, and/or provision of products and/or services requested by the Member via the Company's website, in accordance with the Law on the Protection of Consumers No. 6502 and other relevant legislation.
2.2. The Company, CLASSEST TEKNOLOJİ ANONİM ŞİRKETİ located at "ESENTEPE MAH. BÜYÜKDERE CAD. FERKO SIGNATURE NO: 175 İÇ KAPI NO: 6 ŞİŞLİ / İSTANBUL", is the owner of the platform. The Products and/or Services offered via the website and/or mobile application are provided by Partners. The Company acts as an "Intermediary Service Provider" that facilitates the formation of distance contracts under Law No. 6502 on the Protection of the Consumer and Law No. 6563 on the Regulation of Electronic Commerce. In the context of Products and/or Services provided by Partners, the Company holds only the capacity of an Intermediary Service Provider and is not obligated to check the content provided by Members using the electronic environment where the Product and/or Service is offered, nor to investigate whether there is an unlawful activity or situation related to this content or the goods or services in question.
2.3. This Agreement enters into force on the date it is signed/approved by the Parties and remains in effect as long as the Member's CLASSEST membership continues.
2.4. The Member acknowledges, declares, and undertakes that they have read, understood, and accepted the rights and obligations contained in this Agreement with full volition and confirm the accuracy of the information they have provided.
3. Rights and Obligations of the Parties
3.1. The Member agrees, declares, and undertakes that the personal and other information provided while joining the CLASSEST website is accurate before the law, and that CLASSEST will be immediately and fully compensated in cash for any damages it may incur due to the untruthfulness of this information.
There is no employment relationship between the Partners and the Company subject to the Labor Law No. 4857. The Company only mediates the Service to be performed between the Partners and the Member. In this regard, for the Services to be performed, in accordance with the Privacy Policy, since the Company cannot and is not expected to supervise the Service provided by the Partners, the Member accepts and declares that the Company has no responsibility for the quality of the Service.
3.2. The Member may not give the password provided by CLASSEST to any other person or organization; the right to use the said password belongs exclusively to the Member. The Member is obliged to exercise all due care and attention to ensure the security of messages sent to their mobile phone number to access the services offered by CLASSEST against third parties. Therefore, CLASSEST reserves the right to claim any compensation and other demands against all claims and demands that may be asserted against CLASSEST by third parties or competent authorities, along with all liability that may arise for this reason.
3.3. The Member agrees and undertakes from the outset to comply with and not to violate the provisions of legal regulations when using the classest.com website. Otherwise, all legal and penal obligations that may arise will be borne entirely and exclusively by the Member.
3.4. The Member may not use the classest.com website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an unlawful purpose, or in a way that infringes upon the intellectual and copyright of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) and transactions that prevent or make it difficult for others to use the services.
The Member is exclusively responsible for taking all technical measures for the security of the mobile device on which the mobile application is used against unauthorized access, such as keeping all software (including the operating system) up-to-date, protecting the mobile device against unauthorized access with the most current Anti-Virus and Anti-Spyware programs, and ensuring the security of the mobile device to prevent others from accessing password information via the internet. In such a case, the Member will be exclusively responsible for all damages and will not be able to make any claim against CLASSEST in this context.
3.5. The ideas and thoughts declared, written, and used by members on the classest.com website are entirely the personal opinions of the members and are binding on the owner of the opinion. These views and thoughts have no interest or connection with CLASSEST. CLASSEST has no responsibility for damages that third parties may suffer due to the ideas and opinions to be declared by the member, nor for damages that the member may suffer due to the ideas and opinions to be declared by third parties.
3.6. CLASSEST shall be liable for the unauthorized reading of member data and for any damage to member software and data only to the extent of its fault. The Member has agreed in advance not to claim any compensation from CLASSEST under any name for any damage they may suffer from the use of the classest.com website.
3.7. The Member has agreed not to access or use the software and data of other internet users without permission. Otherwise, the legal and criminal responsibilities arising from this belong entirely to the member.
3.8. A member who violates one or more of the articles listed in this Agreement is personally liable, both criminally and legally, for this violation and will hold CLASSEST free from the legal and criminal consequences of these violations. Furthermore, if the incident is brought to the legal field due to this violation, the platform reserves the right to claim compensation from the member for non-compliance with the Agreement.
3.9. CLASSEST has the right to unilaterally delete the member's membership and to delete the customer's files, documents, and information when necessary. The member accepts this arrangement in advance. In this case, CLASSEST has no responsibility.
3.10. The software and design of the classest.com website are the property of CLASSEST, and the copyright and/or other intellectual property rights related to them are protected by relevant laws, and they cannot be used, acquired, copied, or modified by the member without permission. Other companies and their products mentioned on this website are trademarks of their owners and are also protected under intellectual property rights.
3.11. For the purpose of improving and developing the classest.com website and/or within the framework of legal legislation, some information may be collected, such as the name of the Internet service provider and the Internet Protocol (IP) address used to access the site, the date and time of access to the site, the pages accessed while on the site, and the Internet address of the website that provides a direct connection to the site.
The Member agrees that access to the mobile application and/or the Site may be temporarily blocked for the implementation of improvements and other changes to be made on the mobile application and/or the Site. In the same context, the Member agrees that they will not be able to make any claim against CLASSEST for reasons such as not being able to get the necessary efficiency from the mobile application, interruptions, experiencing technical malfunctions, and similar situations in cases where they do not use the latest version of the mobile device software updates (in cases where updates are not performed) or in cases where there may be access difficulties originating from any mobile device.
3.12. CLASSEST may disclose the member's personal information when required as a legal obligation or (a) to comply with legal requirements or legal proceedings served on CLASSEST; (b) to protect and defend the rights and property of the CLASSEST website and applications family when it believes in good faith that it is necessary. The member has consented to the processing of their membership information and other personal data by CLASSEST as the Data Controller under the Law on the Protection of Personal Data No. 6698 ("KVKK") and related legislation, as per the KVKK Aydınlatma Metni, and knows and accepts that this data is being processed.
3.13. Measures have been taken within the available means to ensure that the classest.com website is free from viruses and similar malicious software. In addition, to ensure ultimate security, the user must supply their own virus protection system and provide the necessary protection. In this context, by entering the classest.com website, the member is deemed to have accepted that they are responsible for all errors that may occur in their own software and operating systems and their direct or indirect consequences.
3.14. CLASSEST reserves the right to change the content of the site at any time, to change or terminate any service provided to users, or to delete registered user information and data on the classest.com website.
3.15. With this Agreement, CLASSEST has the right to unilaterally change or amend the Agreement to ensure the continuity of its intermediary services, due to future technical necessities, or to comply with legislation. In case of any changes, CLASSEST will publish the current terms of use on the Website under the same link with a new date update, and if it deems necessary, it will notify its users by e-mail or mobile notification and present it for their approval. The renewed current Agreement will be valid from the moment it is published on the Website, and the use of the Website or its services will be subject to the renewed Agreement terms from that moment on.
3.16. Under this Agreement, CLASSEST has the authority to send informational emails to its members' registered email addresses and informational SMS messages to their mobile phones, and the member, by confirming this Agreement, will be deemed to have accepted the sending of informational emails to their email address and informational SMS messages to their mobile phone.
3.17. CLASSEST may request additional information, documents, or confirmations from the User at any time to ensure compliance with current legislation, and the User agrees to fulfill these requests to benefit from the services offered by CLASSEST.
3.18. The Member will immediately notify CLASSEST and make the necessary updates in cases such as any change in their membership information and/or the information provided to benefit from CLASSEST Services, acting on behalf of a third party, their account being compromised, the membership password being captured by third parties, the phone on which the mobile application is installed being stolen/lost, or other situations of unauthorized use, or if they become aware of any security problem/breach related to the account. If the Member fails to notify CLASSEST or make the necessary updates in these cases, or even if they do notify, they will be exclusively responsible for all damages that occur in the period until the notification, and will not be able to make any claim against CLASSEST in this context.
3.19. The User has the right to establish only one User account, and it is prohibited for the User to establish a second account using the same or different information after the User account has been suspended or terminated by CLASSEST. CLASSEST reserves the right to refuse the opening of a User account at its sole discretion and without giving any reason.
3.20. The Member accepts and declares that links may be given to other websites and/or platforms, files, or contents not under the control of CLASSEST through the mobile application, that services belonging to third parties may be offered, and that such links do not constitute any kind of declaration or guarantee for the website or the party operating/providing the service to which they are directed, that CLASSEST and/or the Partner has no responsibility for the platforms, websites, files, and contents, services, or products accessed through these links, or their content, and that they will not make any claim against CLASSEST and/or the Partner under any name.
3.21. CLASSEST cannot be held directly and/or indirectly responsible in any way for damages that third parties have suffered or may suffer as a result of the activities carried out by the Member on the mobile application and/or their actions contrary to this Agreement and the law. All requests from third parties in this context and the damages that CLASSEST may suffer due to the Member's failure to fulfill their obligations specified in this Agreement or relevant legislation will be recourse to the Member to be paid with their ancillaries upon first request. The Member is responsible for these damages without being limited to any amount.
4. Breach and Termination of the Agreement
4.1. This Agreement will remain in effect until the member cancels their membership or until their membership is canceled by CLASSEST.
4.2. In the event that the Member fails to comply with the provisions of this Agreement and the rules and conditions declared under this Agreement, that the Member's activities within the scope of this Agreement pose a legal, technical, or information security risk, that there is suspicion of fraudulent or unauthorized use, or that it is of a nature to infringe on the personal and commercial rights of third parties, CLASSEST may temporarily or permanently suspend the Member's use of the services subject to this Agreement or terminate the Agreement. The Member cannot have any claim from CLASSEST for this reason.
4.3. In the event that the member violates any provision of this Agreement, CLASSEST will be able to cancel the member's membership and unilaterally terminate this Agreement. CLASSEST may unilaterally terminate this Agreement at any time, without giving any reason, without any notice, and without any obligation to pay compensation, and with immediate effect, and may terminate the Member's use of the services subject to this Agreement.
4.4. In the event that CLASSEST ceases its activities or its operating permit under the Law is terminated for any reason, this Agreement will be terminated without any compensation liability for CLASSEST.
4.5. The termination of the Agreement does not eliminate the rights of CLASSEST that have accrued up to the date of termination.
5. Force Majeure and Unforeseen Events
5.1. Strikes, lockouts, wars, mobilization situations, public uprisings, attacks, natural disasters (earthquakes, floods, avalanches, etc.), fires, and the outbreak of serious infectious diseases and similar situations that develop beyond the control of the Parties, do not originate from the Parties themselves, and are of a nature to prevent and/or delay the Parties from fulfilling their obligations under this Agreement will be considered as force majeure.
5.2. Human and natural disasters, epidemics, wars, mobilization, fires, strikes, lockouts, failures originating from the telecommunications infrastructure, power cuts, and bad weather conditions, etc., that did not exist and were not foreseeable on the date this Agreement was signed, and that occur to an extent and degree that partially or completely, temporarily or permanently stop the working possibilities of the Parties or a single Party, and other situations that occur beyond the control of the Parties are considered force majeure. The Party exposed to the force majeure shall immediately notify the other Party in writing, and the obligations of the Parties shall be suspended during the period of the force majeure. When the force majeure events cease, the Agreement shall continue from where it left off.
6. Dispute Resolution and Governing Law
6.1. The laws of the Republic of Turkey shall apply to the interpretation and application of this Agreement. The Istanbul Courts and Enforcement Offices are authorized to resolve any disputes that may arise from this Agreement.
7. Retention of Information and Evidence Agreement
7.1. The Member acknowledges, declares, and undertakes that in disputes that may arise from this Agreement, the official books and commercial records of CLASSEST, as well as the electronic information and computer records kept in its own database and servers, will constitute binding, conclusive, and exclusive evidence, and that this article is in the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.
7.2. In any dispute, data such as images or sound recordings that are suitable for proving the facts subject to the dispute, as well as data in the electronic environment and similar information carriers, are considered documents pursuant to Article 199 of the Code of Civil Procedure.
8. Copyright Policy
8.1. All rights of use of the software, visual and audio designs, texts, logos, graphics, and all other materials on the CLASSEST website belong exclusively to CLASSEST. Copying, reproducing, and/or using the information, content, and/or software used in the design, content, and database creation of the mobile application beyond the use specified within the scope of this Agreement, copying, distributing, processing, and otherwise using all kinds of pictures, texts, images, files, etc. data within the mobile application is strictly prohibited.
8.2. It is strictly forbidden for the Member to engage in actions that may threaten the security of the CLASSEST systems and/or harm the Application, CLASSEST, and other users, to make any attempt that may prevent the operation of other software belonging to the Application or the use of the mobile application by other users, to impose a disproportionate load on the system or application in a way that will produce these results; to access the source codes of the software or the systems of CLASSEST without authorization, to copy, delete, change this information, or to make attempts in this direction; to use, attempt to use, or disrupt the operation of any software, hardware, and servers that will prevent the operation of the mobile application, cause them to malfunction, reverse engineer, organize attacks, occupy, or otherwise interfere with them, to try to access CLASSEST servers.
In addition, the Member is obliged to immediately compensate for all damages incurred by CLASSEST (including the amount of compensation requested from CLASSEST due to damages suffered by third parties, including licensors) with their ancillaries in case of violation of the Intellectual, Industrial, and other Property and usage rights of CLASSEST.
9. Entry into Force
The member's registration means that the member has read and accepted all the articles in this Agreement. This Agreement was concluded at the moment the member became a member and entered into force upon the mutual provision of electronic consent.