TERMS AND CONDITIONS OF USE
QARINT TEKNOLOJİ HİZMETLERİ A.Ş presents the Terms and Conditions of Use to Users and Customers regarding the rules and conditions of the Qarint Platform (hereinafter referred to as the “Platform” or “Service”).
INTRODUCTION
The owner of the online platform called Qarint is QARINT TEKNOLOJİ HİZMETLERİ A.Ş, a commercial company with legal entity status, registered at the address Esentepe Mahallesi Büyükdere Caddesi Ecza Sokak Pol Center C Block No: 4/1 Floor: -2 Şişli/Istanbul (hereinafter referred to as “Qarint”).
Qarint offers you the opportunity to practice English through our online services via our website www.qarint.com (hereinafter referred to as the “Website”) and our digital applications (hereinafter referred to as the “Applications”). The Service includes access to the Qarint Platform managed by Qarint.
To accept these Terms and Conditions, you must be of legal age (having reached the age of 18). If you are not of legal age, your father, mother, or legal representative must accept these Terms and Conditions on your behalf. When you start using the Service, you will be asked to provide certain information. Qarint will process all information related to the Customer’s use of the Service in accordance with the terms of the Privacy Policy.
Before entering into a contract regarding the Service, the User must read and accept these Terms and Conditions related to the provision of the Service.
2. RELEVANT PARTIES
- 1.Qarint: Refers to QARINT TEKNOLOJİ HİZMETLERİ A.Ş, which is responsible for providing the Service.
- 2.User: Refers to real persons who use the Website or Applications and accept Qarint’s policies, including these Terms and Conditions and the Privacy Policy.
- 3.Customer: Refers to a real or legal person who registers on the Platform and purchases the Service through the form available on the Website or Applications or by contacting a Customer Representative.
3. DISTANCE CONTRACT PROCESS
- 1. The User must register using the form available on the Website or Applications. Upon registration by the User through the form, a Qarint Customer Representative will contact the User regarding the relevant Services.
- 2. When a conversation takes place between the User and the Qarint Customer Representative, the Qarint Customer Representative will explain the Services offered by Qarint in detail to the User before a contract is concluded.
- 3. The User may purchase the Service via a mobile device or through the platform. If desired, the User may also purchase the Service through app stores. In both cases, the User can make payment using a credit card or debit card. To do so, the User must provide the cardholder’s name, card number, expiration date, and the CVC or CVV code on the back of the card. All information will be managed through a payment gateway.
- 4. The Purchase Terms and Conditions will be sent to the email address provided by the User.
Upon the User’s approval of the Purchase Terms and Conditions and completion of the payment, the License/Subscription will be activated for use throughout the duration of the Service contract.
4. SERVICE OVERVIEW
- 1. Your Account and Registration Information. By creating a Qarint Account, you can browse the Service, preview, and search. To use the Service and access Qarint content, you must have an account and provide registration information to Qarint.
- 2. Access to Qarint Content. The Customer may participate in the number of lessons included in their package for the duration of their subscription to the Service.
- 3. Additional Terms for Software and Hardware. Please note that there may be separate end-user license agreements and terms of service for hardware and software used with or interacting with the Service, and you must accept them. If you do not accept these terms, your ability to use the Service will be limited. Please note that the Service only works with compatible devices.
5. SERVICE FEATURES
The Customer may benefit from the following advantages included in the License and provided:
- 1. Live sessions with English language training experts deemed suitable by the system;
- 2. Sessions for language practice (featuring innovative content and addressing current topics);
- 3. Exercises included in the application activities.
6. RESTRICTIONS
1. Norms and policies applicable to the technology used in providing the Qarint Service. The Customer, while using the Service, will be subject to specific guidelines (“Guidelines”) published depending on the technology and circumstances used in providing the services, as well as other applicable directives and/or standards. All Guidelines will be incorporated by reference into these Terms and Conditions of Use. These Guidelines will generally apply to all end users of the Service without any discrimination. The Guidelines may include purposes such as managing necessary or automatic updates, modifications, reinstallations, security, interoperability, and/or operational issues related to the software, as well as obtaining available patches. Such updates, modifications, and operations may be carried out periodically or as needed without prior notice. On the other hand, certain aspects of the Service are self-directed and may establish a specialized identification system aimed at detecting security and inappropriate use. Access to specific content and applications may be restricted for security reasons or in accordance with protection policies regularly published by Qarint. Therefore, the Customer understands and accepts that Qarint Content previously available may not be available at present.
2. Prohibited Behaviors. The Customer may not use the Service to (i) transmit, display, perform, or otherwise make available messages, content, or materials that are illegal, obscene, threatening, defamatory, consist of unsolicited bulk messages or “spam,” or violate privacy; (ii) infringe copyrights, trademarks, patents, trade secrets, and other intellectual, industrial, or tangible property rights, privacy or publicity rights, regulations, or communication laws, or violate other laws, including but not limited to laws related to defamation, harassment, obscenity, and pornography; (iii) be used in political campaigns, generate sales or marketing offers, or carry computer viruses or other codes intended to interfere with the functionality of computer systems; or (iv) be harmful to minors in any way. The Customer shall refrain from disrupting or attempting to disrupt the operation of the Service in any manner. During sessions, users are expected to behave appropriately and respectfully toward others, adhering to the highest standards of conduct. Violation of any of these provisions will be subject to any steps or evaluations taken by Qarint at its discretion, including the right to terminate the Service under these Terms and Conditions. The Customer may not provide information that could mislead other members regarding their identity or the source of a message and/or content in any way, nor use a fake email address. If Qarint becomes aware of improper or dangerous behavior by users toward themselves, experts, family members, or session peers, it may report the situation to the local authorities in the country of residence of the offending individual to prevent potentially harmful behavior.
3. Restrictions on Service Use. The Service includes security components, and therefore special rules and policies apply. The Customer shall not attempt to reverse engineer, decrypt, convert to source code, disassemble, or otherwise alter or interfere with the Service or any part thereof, nor support others in such attempts. Qarint will take necessary legal action. The Customer may not distribute, exchange, modify, sell, resell, or transmit to another person the Service or any part thereof, including but not limited to text, images, or audio, for commercial or public purposes. The Customer undertakes not to copy, sell, distribute, or otherwise transfer Qarint Content unless explicitly permitted in this document.
Security Restrictions on the Use of Qarint Accounts. The Customer and User may open a Qarint account solely for personal use and not for the benefit of another person (except in cases where a parent or legal representative opens an account for a minor). The Customer and User acknowledge, declare, and undertake that they will not allow others to use their Registration Information and/or Qarint account and that they are solely responsible for maintaining their confidentiality and security. The Customer and User must immediately notify Qarint via the “Contact” link on the Platform in case of unauthorized use of their Qarint passwords and/or accounts. If the Customer and User open or use an account related to the Service on behalf of a company, legal entity, or organization (collectively referred to as the Organization), they confirm and declare that they are an authorized representative with the authority to manage this Organization, thereby accepting these Terms and Conditions on behalf of the Organization. In such cases, the relevant Customer and User must act in accordance with these Terms and Conditions of Use.
7. RIGHT OF WITHDRAWAL/TERMINATION
Customers may exercise their right of withdrawal/termination from the contract at any time after purchasing the Service. A withdrawal request can be made through the “Support” section on the Website and Applications or by contacting a Qarint Customer Representative via a support request through the system. After the purchase of the Service, the remaining usage and all discounts availed will be deducted from the used period, and a refund will be processed accordingly.
8. FEES AND BILLING
- 1. The Service fees will not be refunded if the Service is canceled at the Customer’s request outside of the right of withdrawal or by Qarint due to the Customer’s non-compliance with these Terms and Conditions. Upon termination of the Service, for any reason, the Customer shall immediately cease using the Content.
- 2. Bank and Credit Card Transactions. During the registration/purchase process, the Customer is required to provide their credit or debit card information. As a Service User, the Customer acknowledges that all applicable fees for the Service, as well as any other charges arising from the use of the Service, will be debited from their credit or debit card or collected from their bank account. Except as expressly stated in these Terms and Conditions, no installment or total fees will be refunded. Customers are responsible for maintaining the confidentiality of their Qarint Accounts and will be liable for all transactions and charges made by others through their Qarint Accounts. All fees will be billed using the payment method employed by the Customer during their initial purchase of the Service.
- 3. Customers are responsible for any bank commissions or fees arising from payment methods or charged by financial or credit institutions. If Customers wish to update their billing information, they must contact Qarint via the email address specified on the Website ([email protected]) or through the “Support” section on the Platform to update such information. The Customer acknowledges and declares that Qarint may retain the information in the account until the Qarint Account is canceled, in accordance with the provisions of the Qarint Privacy Policy. This information will be stored in compliance with the Privacy Policy provisions. In the event of loss, theft, or unauthorized use of the payment method provided to Qarint, the Customer must comply with the notification requirements and liability limitations set forth by the payment method issuer’s terms and conditions.
- 4. Customers accept that they will be solely responsible if amounts billed to their credit or debit cards are paid by unauthorized third parties and that they will not provide information regarding any payment method that does not belong to them or is not issued in their name.
- **5.**Taxes. The cost of the Service may include taxes reflected in the prices. In such cases, the tax rate in effect on the date of the Service purchase will apply. If the applicable tax rate is finalized before the relevant purchase, the new rate in effect on the date the purchase is completed will apply. The Customer will be responsible for paying all such taxes in accordance with applicable tax regulations.
- 6. Right to Change Prices. All prices related to the Service are subject to change by Qarint. Price changes will not affect the Service during its initial term but will impact the renewal of these contracts. Customers will be notified of price changes and will have the option not to renew the contract if they do not accept the new prices.
9. SPECIAL NOTICES
- 1. Privacy. As the party responsible for processing personal data, Qarint will process personal data provided for registration to the Service, as well as data that may be collected during the contractual relationship, solely for the purpose of providing the Service and managing the pre-contractual and contractual relationship, in accordance with the Privacy Policy published on the qarint.com website, which the Customer approves and accepts. The legal basis for such processing is the contractual relationship between the parties, Qarint’s fulfillment of legal obligations, and the consent of the User/Customer. If Users/Customers provide prior authorization, Qarint may process personal data for commercial communication purposes. Users may exercise their rights to access personal data, request correction, deletion, anonymization, or object to processing by sending an email to [email protected], subject to the conditions set forth by applicable laws. Similarly, if Users believe that Qarint’s processing of their personal data violates applicable data protection laws, they may file a complaint with the supervisory authority, in this case, the National Data Protection Commission.
- 2. Accuracy of Information. Users and Customers declare and warrant that all information provided to Qarint (including Registration Information, payment information, and responses to public opinion polls and surveys) is accurate, complete, and valid, and they undertake to update this information as necessary. Additionally, Users and Customers acknowledge and warrant that the information they provide to Qarint does not violate any law, regulation, or rights granted to third parties.
- 3.Proof of Residency and Capacity to Enter into Contracts. By opening a Qarint Account, Users and Customers declare and warrant that they reside in the region listed in their profile and are legally capable of entering into contracts under the laws of their jurisdiction.
- 4. Risk of Use. Unless otherwise stipulated by applicable laws, Qarint and its Affiliates shall not be held liable for any damage or harm to the Customer’s or User’s computer or any other equipment resulting from accessing, using, downloading źróneçək downloading, or browsing the Service.
- 5. Qarint’s Right to Amend These Terms and Conditions. As a result of changes in the law or for any other legitimate reason, Qarint may, at any time, modify, amend, add, or remove provisions from these Terms and Conditions or the Service in whole or in part. All changes will take effect once the updated version of the Terms and Conditions is published. In the case of significant changes, Qarint will inform Customers and obtain their consent before implementing such changes. Customers should periodically review these Terms and Conditions for updates. Continued use of the Service by Customers after the publication of changes will constitute their acceptance of those changes.
- 6. Qarint’s Right to Make Changes to the Service. Qarint may modify the Service, including the features, prices, and product specifications described or mentioned therein, add or remove any material related to the Service temporarily or permanently, alter the Service’s content, terminate, remove, or suspend the Service. Significant changes to the Service will not apply to Services expected to be provided during the initial contract term. Subject to the Customer’s acceptance of these changes, they may apply to new contracts and renewals of existing contracts. Qarint and/or Qarint Content owners may, from time to time, remove Qarint Content from the Service without prior notice, and Qarint may lose the right to make certain Qarint Content available to Customers at any time. In such cases, the Customer acknowledges that they will no longer be able to access this content from Qarint and will refrain from viewing it.
10. LIMITATION OF LIABILITY
- 1. The Customer understands and agrees that, to the extent permitted by applicable law and unless expressly stated otherwise in these Terms and Conditions, they use the Service at their own risk and expense. The Service is provided “as is,” to the extent permitted by applicable law, without any warranties of any kind from Qarint or its affiliates; Qarint does not provide any express or implied warranties, including but not limited to merchantability, fitness for a particular purpose, except as explicitly stated in these Terms and Conditions.
- 2. Qarint makes no warranties or representations regarding the performance, accuracy, reliability, security, capability, timeliness, or other characteristics of the Service or its use or results. To the extent permitted by applicable law, the Customer agrees not to hold Qarint or its affiliates liable for any damages, including but not limited to damage to any computer, system, software, hardware, or portable device used to access the Service. There is no guarantee that the operation of the Service will be continuous (uninterrupted) or error-free. No oral or written information or advice provided by any person shall be considered a warranty with respect to Qarint or its affiliates.
- 3. Qarint does not guarantee that the Service will be compatible with all computers, CD or DVD players, or portable devices. The Customer is solely responsible for ensuring that their tools and systems function properly with the Service. Use of and access to the Website, Applications, and Platform requires a suitable device and/or operating system. Qarint assumes no liability for the unavailability of the Website, Application, or Platform, failure to complete downloads, or inability to access content due to the failure of any other communication system.
- 4. To the extent permitted by applicable law, Qarint and its affiliates shall not be liable for any direct, indirect, consequential, exemplary, measurable, incidental, or punitive damages or losses, including loss of profits, data loss, loss of use of the Service, loss of any equipment, downtime, or loss of the Customer’s time, even if Qarint and its affiliates have been informed of the possibility of such damages, losses, or harm, regardless of whether they arise from the Service. Qarint and its affiliates are not liable for damages resulting from the Customer’s use of the Service that violates these Terms and Conditions, specifically the restrictions on use. Neither Qarint nor its affiliates shall be held liable in any way for the use of content that creates a false impression about any person, results in the usurpation of any right, leads to the usurpation of a public right, infringes on the rights of a third party, violates the laws or regulations of any foreign country, state, or local region, or involves the production, use, or distribution of degrading, humiliating, defamatory, or indecent materials.
- 5. To the extent permitted by applicable law, some of the limitations mentioned above may not be allowed. Similarly, some jurisdictional courts may not permit the exclusion or limitation of express or implied warranties or liability for damages, losses, or harm, and thus these exclusions or limitations may not apply in all cases. Under certain conditions, where applicable law prohibits any limitation of liability for damages, losses, or harm as regulated in these Terms and Conditions, Qarint reserves the right, to the fullest extent permitted by applicable law, to disclaim and/or limit liability for such damages, losses, and harm. In any event, to the extent permitted by applicable law, Qarint’s total liability for damages, losses, or harm arising from these Terms and Conditions and the provision of the Service shall not exceed the amount paid to Qarint in the six months preceding the month in which the claim for such damage, loss, or harm is made, whichever is greater.
11. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and the Customer’s use of the Service are governed by the laws of the Republic of Turkey. Qarint will always act in compliance with consumer protection laws and other regulations that may apply in the Customer’s country of residence.