User Agreement
Ideal Education Consulting and Educational Services LTD. CO.
User Agreement
Welcome to the application and website of Ideal Education Consulting and Educational Services LTD. CO. (“TürkçeKonuş”), where we connect individuals wanting to learn a language with Turks (“Instructors”) through real-time video chat for private Turkish lessons (“Educational Services”). This User Agreement (“Agreement”) applies to users and the parents or legal guardians of minor children/children under the age of 13 who visit and engage Instructors for language training services (collectively or individually, “Students”).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT BINDS YOU TO ARBITRATION FOR RESOLVING ALL DISPUTES BETWEEN YOU AND “TürkçeKonuş”, DETAILEDLY WAIVING CLASS ACTION RIGHTS AND ANY RIGHTS TO A TRIAL BY JURY. BY ENTERING INTO THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
PLEASE REVIEW THIS AGREEMENT IN FULL. UPON ENTERING THIS AGREEMENT, YOU WILL BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. BY CLICKING “I ACCEPT THE USER AGREEMENT AND PRIVACY POLICY” AND REGISTERING A USER ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS. IF YOU DO NOT ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK “ACCEPT” AND DO NOT PARTICIPATE IN ANY EDUCATIONAL SERVICES.
NOTE FOR CHILDREN UNDER 13: Individuals under the age of 13 are not permitted to use the Platform and Private Lesson Services without verifiable consent from their parents or legal guardians.
1. Independent Contractor Relationship Between Student and Instructor, “TürkçeKonuş” as a Marketplace Provider. You acknowledge that Instructors are independent contractors using the Platform to offer and provide Lesson Services to Students. The Student acknowledges that “TürkçeKonuş” has no responsibility, control, or involvement in the scope, nature, quality, character, timing, or location of any work or services performed by the Instructor. The Student also declares, acknowledges, and guarantees that they will always act as independent contractors to the Instructor and will not engage in any action inconsistent with this classification.
1.1 The Student acknowledges that “TürkçeKonuş” is not an employer, joint employer, integrated or single enterprise of any Instructor or Student. “TürkçeKonuş” is not responsible for any Instructor’s or Student’s performance. Each Instructor is solely and entirely responsible for their actions and those of their employees, subcontractors, affiliates, and agents. Each Student is solely and entirely responsible for their actions and those of their employees, affiliates, and agents. “TürkçeKonuş” is not obligated to ensure that any Session satisfies the Student.
1.2 The Student agrees that the Instructor is an independent contractor providing services to designated Students using the “TürkçeKonuş” platform and will remain so at all times. Nothing in this Agreement or otherwise will be interpreted to classify the Instructor, Student, or their personnel or representatives as an employee, agent, or legal representative of “TürkçeKonuş” or any of “TürkçeKonuş”’s related or affiliated entities for any purpose. Representatives cannot represent themselves in any capacity as employees of “TürkçeKonuş”.
1.3 The Student will not engage in any commercial transaction on behalf of “TürkçeKonuş” or any of its related entities, incur any liability, sell goods, receive payments, request goods or services, enter into any contract, or implicitly or explicitly create or assume any liability or obligation on behalf of “TürkçeKonuş” or any of its related or affiliated entities unless explicitly authorized in this Agreement or another written document. The Student also cannot use “TürkçeKonuş”’s trade names, logos, trademarks, service names, service marks, or other registered names without prior written consent from “TürkçeKonuş”.
1.4 The Student understands that, unless specifically agreed otherwise between the Student and Instructor, the Instructor will provide all equipment, tools, materials, and labor needed to perform the agreed-upon Private Lesson Services, and “TürkçeKonuş” will not provide any equipment or tools. This Agreement will facilitate access for both Student and Instructor to the Platform for potentially available optional support resources and materials for performing the Educational Services required under this Agreement.
1.5 The Instructor is solely responsible for scheduling the timing of the Private Lesson Services and agrees to do so in accordance with the Student’s scheduling requirements. The Student acknowledges and understands that “TürkçeKonuş” has no role in the scheduling or presentation of the Private Lesson Services.
1.6 The Student understands and agrees that only the Instructor is responsible for determining how the Private Lesson Services will be completed and for ensuring that the Private Lesson Services are performed to the Student’s satisfaction in an appropriate manner.
1.7 The Student understands that the Instructor may hire employees or retain contractors or subcontractors (
at their own expense) to assist in providing the Private Lesson Services; however, the Instructor’s employees or subcontractors cannot be used to provide Private Lesson Services on behalf of the Instructor without the express written consent of the Student. The Student understands and agrees that the Instructor is solely and exclusively responsible for ensuring that the Lesson Services meet the Student’s requirements and specifications.
1.8 The Student understands and agrees to remain responsible for and will pay all operational costs, expenses, and payments associated with the conduct of their business (including the activities of any employee or subcontractor) and the provision of the Private Lesson Services under this Agreement.
2. Privacy Policy and Guidelines. The Privacy Policy of “TürkçeKonuş” is incorporated into this Agreement. Please read this notice carefully for details on the collection, use, and disclosure of your personal information. When using the Platform, you will be subject to additional guidelines or rules applicable to certain services, offers, and features. All such Guidelines are incorporated into this Agreement by reference.
3. Modification. “TürkçeKonuş” may modify this Agreement at any time. Such Modifications will become effective for existing users upon “TürkçeKonuş”’s notification through the Platform user interface or an email associated with your user account; and when you accept the Modifications or a version of this Agreement containing the Modifications in any other explicit manner. If you notify “TürkçeKonuş” in writing that you do not accept a proposed Modification or explicitly refuse to accept a proposed Modification, “TürkçeKonuş” may terminate this Agreement and your use of the Platform.
4. License to Use the Application. If you have downloaded the Application, subject to your compliance with all terms and conditions of this Agreement, “TürkçeKonuş” grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Application on a compatible mobile device you own or control. If you are using the Application on an Apple, Inc. iOS device, the above-stated license is additionally limited to the uses permitted by the “Usage Rules” as stated in Apple’s App Store Terms of Service. Any use of the Application beyond personal, non-commercial use is strictly prohibited.
5. Ownership Rights. The Platform is owned and operated by “TürkçeKonuş”. Videos, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Service, Sites, and Applications are protected by copyright, trademark, trade dress, patent, and trademark laws of the Republic of Turkey, international conventions, and all other relevant intellectual property and proprietary rights and applicable laws. All “TürkçeKonuş” Materials are owned by “TürkçeKonuş” or its subsidiaries or affiliates and/or third-party licensors. All trademarks, service marks, and trade names are owned by “TürkçeKonuş” or its affiliates and/or third-party licensors. Without explicit authorization from “TürkçeKonuş”, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the “TürkçeKonuş” Materials.
6. Mobile Services. The use of the Applications requires the use of data services provided by your wireless service operator. You acknowledge and agree that you are solely responsible for any data usage charges and other fees your wireless service operator may charge in connection with your use of the Applications.
7. Services.
7.1 General Services. The Platform enables you, in the business of providing private lesson services, to request and participate in a video chat session with an independent contractor English instructor for the purpose of improving your speaking skills in the language of your choice. You agree to participate in such Sessions only for your personal, non-commercial purposes and not to record, copy, redistribute, publish, publicly perform, or publicly display such Sessions, except as permitted by this Agreement.
7.2 Instructor Availability. Sessions are subject to the availability of Instructors, and “TürkçeKonuş” does not guarantee that any particular Instructor will be available at any given time. By this document, you acknowledge that all Instructors are independent contractors offering their services through the Service and are not employees or agents of “TürkçeKonuş”. “TürkçeKonuş” makes no representations or warranties regarding the results of your participation in a Session, including but not limited to, whether it will meet your expectations or objectives.
7.3 Instructor Integrity. Instructors are subject to periodic checks. You acknowledge that “TürkçeKonuş” has no duty to verify the stated identity, experience, or qualifications of any Instructor and that “TürkçeKonuş” does not conduct any screening beyond what is explicitly stated in this Section 7.2.
7.4 Payment. Students pay for Private Lesson Services on a per-minute basis or through a payment plan. Payments for access to the Service via the Sites will be processed through third-party payment systems (e.g., Iyziko). All payment terms and conditions are subject to the agreements you have with the third-party payment system.
7.5 Refunds. Purchased minutes are non-refundable, and minutes used for a Session cannot be credited. If you are mistakenly charged for minutes you did not purchase, you
may request a refund. If you purchased minutes via the Sites, refunds may be processed by the third-party payment system or “TürkçeKonuş”.
7.6 Scheduling. If you pay Instructors for purchased minutes, you will be charged per minute of the Session after the first minute. If you made a reservation and do not cancel, the time is considered used, and any rights to modify are forfeited, or the education is deemed received. If the minutes you purchased run out before the end of a Session, the Session will be terminated, and you will be asked to purchase more minutes.
7.7 General. All fees are non-refundable. The refund process is conducted after applicable usage and discounts are deducted. Discounts for memberships purchased at a discount are deducted at the discount rates.
7.8 Refunds. Purchased packages are refundable upon request. Discounts resulting from promotions are deducted from the total amount, and refunds are calculated based on monthly prices.
8. Sessions
8.1 Hardware and Software. Participating in a Session requires compatible hardware and may require downloading and installing specified software. You are solely responsible for acquiring and setting up such hardware and software and determining compatibility with your system, and you assume all risk and responsibility related to such hardware and software. It is your responsibility to review and comply with all applicable license agreements and other terms and conditions related to all software used in connection with the Sessions and the Platform.
8.2 Prohibited Behaviors in Sessions. You agree not to engage in any activity that would violate, infringe, or misuse the intellectual property rights of any third party, or be illegal, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage any criminal behavior. You agree to participate in Sessions solely for the purpose of improving your language skills. You acknowledge that “TürkçeKonuş” has no obligation to monitor Sessions or control the content of a Session and that you may be exposed to materials you find objectionable when entering a Session, and “TürkçeKonuş” has no liability in this regard. In connection with this, “TürkçeKonuş” may remove any user violating this Agreement at any time.
8.3 Misinformation by the Student. You agree not to: (i) publish false or misleading statements; (ii) send material that is illegal, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or could be considered a criminal offense, give rise to legal liability, violate any law, or otherwise promote inappropriate conduct; or (iii) publish job postings or solicitations. “TürkçeKonuş” does not endorse any opinions, advice expressed by Instructors or other students, and “TürkçeKonuş” expressly disclaims any and all liability in connection with such opinions or advice. You understand and agree that you may be exposed to incorrect, offensive, inappropriate, or objectionable content, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against “TürkçeKonuş” with respect thereto.
8.4 Recording; Content. Sessions may be recorded or monitored. By this document: (i) you consent to the monitoring or recording of any Session you participate in, including your participation; (ii) “TürkçeKonuş” may use such recordings for Instructor evaluation, Instructor training, dispute resolution, and Service improvement purposes; (iii) such recording may be provided to the other party in the Session; (iv) such recordings may be made available for your review; (v) such recordings may be used by “TürkçeKonuş” to the extent required by law or legal processes or to protect the rights of “TürkçeKonuş” or a third party.
9. Account Data.
9.1 Registration. Students must register and create an account on the Platform. Registration requires (i) creating a unique username and password, (ii) providing an email address, (iii) indicating your country of residence, (iv) stating your native language, (v) specifying the language you wish to learn. Remember that “TürkçeKonuş” does not have access to your payment card information. You agree that the information you provide will always be accurate, current, and complete. You also agree to keep this information confidential, accurate, and up-to-date.
9.2 Password. You will be asked to enter a password when registering. You agree to keep your password confidential as you will be responsible for all charges and activities that occur under your password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you accept responsibility for all activities that occur under your account or password. If you believe your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you will promptly inform “TürkçeKonuş”. You may be liable for the losses incurred by “TürkçeKonuş” or others due to any unauthorized use of your account.
9.3 Personal Use. Your “TürkçeKonuş” account and the minutes you purchase for use with your account are for your
use only. You agree not to share your username and password or allow any other person to access or use your “TürkçeKonuş” account or purchased minutes.
10. Prohibited Uses.
Illegal Use. As a condition of your use of the Platform, you will not use the Platform for any purpose that is unlawful or prohibited by this Agreement. Access to the “TürkçeKonuş” Materials, Sites, or Applications from territories where their contents are illegal is strictly prohibited. Students and Instructors are responsible for complying with all local rules, laws, and regulations including, but not limited to, rules regarding intellectual property rights, the internet, technology, data, email, or privacy.
10.1 Unauthorized Use. You may not use the Platform in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use of the Platform. You may not intentionally interfere with or damage the operation of the Platform or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Platform, features that prevent or restrict the use or copying of any content accessible through the Platform, or features that enforce limitations on the use of the Platform. You may not attempt to gain unauthorized access to the Platform or any part of it, other accounts, computer systems or networks connected to the Platform, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Platform. You agree not to modify the Platform in any manner or form, or to use modified versions of the Platform, including (without limitation) for the purpose of obtaining unauthorized access to the Platform.
10.2 Robots. The Sites may include robot exclusion headers. You agree not to use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission or to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform.
10.3 Trademark Restrictions. You may not use framing techniques to enclose any trademark, logo, or other “TürkçeKonuş” Materials without our express written consent. Except as otherwise expressly permitted by this Agreement, you may not use any “TürkçeKonuş” logo or other proprietary graphic or trademark as part of the link without our express written permission.
11. Availability of the Service. “TürkçeKonuş” can change or discontinue any media, product, or service within the Platform at any time and without notice. The media, products, or services on the Platform may be out of date, and “TürkçeKonuş” makes no commitment to update these materials.
12. Notice. Unless expressly stated otherwise, all notices and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered in person, by courier, upon receipt, or by registered or certified mail, postage prepaid, upon receipt.
13. Member Disputes. You are solely responsible for your interactions with Instructors or other Students. “TürkçeKonuş” reserves the right to monitor disputes between you and Instructors or other Students, but has no obligation to do so.
14. Termination. You agree that “TürkçeKonuş” may terminate this Agreement or your use of the Platform for any reason or no reason, upon written notice to the other party, and may remove and/or cancel your account in whole or in part at any time. “TürkçeKonuş” may also stop providing access to the Platform or any part thereof, with or without notice, at any time. You agree that any termination of your access to the Platform or any account you may have or portion thereof may be effected without prior notice, and you agree that “TürkçeKonuş” will not be liable to you or any third party for any such termination. “TürkçeKonuş” reserves the right to terminate access to the Platform for any copyright infringing activities, and any such infringers may have their access to the Platform terminated and all content submitted by them removed. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies “TürkçeKonuş” may have at law or in equity.
15. Disclaimer of Liability; No Warranty. THE SERVICE, SITE, APPLICATION, AND ANY THIRD-PARTY MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, “TürkçeKonuş”, AND ITS SUPPLIERS, LICENSORS, AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
“TürkçeKonuş”
, AND ITS SUPPLIERS, LICENSORS, AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, SITE, APPLICATION, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
“TürkçeKonuş”, AND ITS SUPPLIERS, LICENSORS, AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT “TürkçeKonuş” OR ITS SUPPLIERS, LICENSORS, OR PARTNERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION INCLUDING, BUT NOT LIMITED TO, THE COST OF ANY NECESSARY SERVICE, REPAIR, OR CORRECTION. YOU DOWNLOAD OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. Indemnification; Hold Harmless. You agree to indemnify and hold harmless “TürkçeKonuş” and its affiliates, suppliers, licensors, and partners, including officers, directors, employees, contractors, or agents, from any claim, demand, loss, or expenses, including reasonable attorneys’ fees, arising out of your use of the Platform, including but not limited to any violation by you of this Agreement or claims made by other parties against you. “TürkçeKonuş” reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will cooperate with “TürkçeKonuş” in asserting any available defenses in such a matter.
17. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL “TürkçeKonuş” OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING THIRD PARTY MATERIALS) ON THE SERVICE, OR ANY OTHER INTERACTIONS WITH “TürkçeKonuş”, EVEN IF “TürkçeKonuş” OR A “TürkçeKonuş” AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, “TürkçeKonuş”’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL “TürkçeKonuş”’S OR ITS AFFILIATES’, CONTRACTORS’, EMPLOYEES’, AGENTS’, OR THIRD-PARTY PARTNERS’, LICENSORS’, OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR FIFTY DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN “TürkçeKonuş” AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY THIRD PARTY SITES.
18. Arbitration Agreement and Class Action Waiver. “TürkçeKonuş” and the Student mutually agree to resolve all coverable justiciable disputes between them exclusively through final and binding arbitration instead of in court or by jury trial. This arbitration agreement requires that all claims that “TürkçeKonuş” or the Student may have against the other or against any of the following be subject to arbitration: officers
, directors, employees, contractors, or agents, in their official capacity or otherwise, direct or indirect parent companies and subsidiaries and affiliates, agents, successors, or assigns, each of whom may enforce this arbitration agreement as direct or third-party beneficiaries.
19. Language. The transactions under this Agreement shall be conducted in the English language. If the Instructor is located in France or Quebec, Canada, the following clause applies: The parties confirm that it is their wish that this Agreement, as well as other documents relating hereto, including Notices, have been and shall be drawn up in the English language only. The parties confirm their consent.
20. Communication. Under this Agreement, the Student agrees to receive electronic communications from the Company. The Company will communicate with the Student via email or by posting notices on the Sites or Applications. The Student agrees that all agreements, notices, disclosures, and other communications that the Company provides electronically satisfy any legal requirement that such communications be in writing.
21. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements or understandings, oral or written, relating to the subject matter of this Agreement. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties relating to the subject matter of this Agreement which are not fully expressed herein.
22. Severability. If any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
23. Successors and Assigns. This Agreement shall be binding upon the Student and inure to the benefit of “TürkçeKonuş” and its successors and assigns, including any corporation with which or into which “TürkçeKonuş” may be merged or which may acquire all or substantially all of “TürkçeKonuş”’s assets or business, including without limitation. The Instructor shall not have the right to assign this Agreement or any rights or obligations hereunder.
24. Survival. Sections 1, 2, 6, 7, 8, and 11 through 31 shall survive any termination of this Agreement for any reason.
25. Waiver. No delay or omission by the Company in exercising any right under this Agreement will operate as a waiver of that or any other right. A waiver or consent given by the Company on any one occasion is effective only in that instance and will not be construed as a bar or waiver of any right on any other occasion.
26. Amendment. This Agreement may be amended only by a written document signed by both the Company and the Student.
27. Counterparts. This Agreement may be executed in two (2) signed copies, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
28. Headings. The headings and other captions in this Agreement are for convenience and ease of reference only and shall not influence the interpretation or construction of any provision of this Agreement.
29. Governing Law; Jurisdiction. Except for the Arbitration Agreement and Class Action Waiver governed by the laws of Turkey, this Agreement shall be governed in all respects by the laws of the Republic of Turkey without reference to its choice of law principles.
30. Signature. This Agreement may be signed with an electronic signature, digital signature, wet signature, and fax signature and shall be enforceable.
31. Arbitration and Class Action Waiver. This Agreement is subject to binding arbitration for resolving all disputes between “TürkçeKonuş” and the Student, waiving class action rights and any rights to a trial by jury comprehensively.