USER AGREEMENT
1. PARTIES
1.1. This User Agreement ("Agreement") is entered into by and between Gurulize OÜ (Registration Number 16643728) ("Gurulize") with its registered office at "Kesklinna linnaosa, Viru väljak 2, 10111 Harju maakond, Tallinn, Estonia" ("Gurulize") and natural or legal persons ("Client") who become members to use the content on the website www.mygurulize.com ("Site").
1.2. Gurulize and the Client will be referred to individually as "Party" and together as "Parties".
2. DEFINITIONS
2.1. Website: www.mygurulize.com is a website that provides online services by bringing together Counselors and Clients.
2.2. Client: Persons who have declared their desire to benefit from online counseling services to be provided by the Consultant by creating an account on the website.
2.3. Consultant: Persons who have documented their expertise with official documents (certificates, diplomas, etc.) through the Website and who will provide online counseling services to the Client whom they will meet online through the Website.
2.4. Counseling Service: It refers to the online counseling service to be provided by bringing the Counselor and the Client together through the Website.
2.5. Membership Terms: It refers to the conditions, the details of which are specified in Article 8 of the Agreement and which the Client must meet in order to benefit from the application as a member on the Site.
2.6. Consultancy Package / Training Support Package: It refers to the Gurulize Consultancy packages that the Client will carry out with a specific Consultant, which he/she chooses within the scope of appropriate pricing options.
2.7. Consulting Session / Session: Within the scope of the Consulting Service, it refers to the online one-on-one meeting between the Consultant and the Client via the Site.
3. SUBJECT AND PURPOSE
3.1. The subject of this Agreement is to determine the conditions regarding the relationship to be established between Gurulize and the Client when the Client starts to receive Consultancy Services through the Site and the details of the Site service to be provided by Gurulize.
4. DURATION AND SCOPE OF THE CONTRACT
4.1. This Agreement starts to be implemented upon the Client's use of the Website as a member and continues as long as the Client continues to use the Website.
4.2. The Agreement shall terminate upon the Client's account being closed/canceled.
5. GENERAL PROVISIONS
5.1. The Site carries out an intermediary activity that brings together online Consultants who provide consultancy services on technical support and business growth to Clients who want to create their own online consultancy platform via www.gurulize.com.
5.2. The Client who initiates his/her membership to benefit from the services of the Site accepts the terms specified in this Agreement within the scope of the relationship to be established between the Consultant and the Consultant.
5.3. The Parties accept, declare and undertake that Gurulize does not have any right or obligation regarding the Consultancy Service to be provided to the Client by the Consultant, for which Gurulize provides intermediary services within the scope of the Site service.
5.4. The Client cannot make any claim that the contents of the Site are incomplete or incorrect other than its current state.
5.5. The Client may change the Consultant from whom he/she receives service at any time and terminate his/her membership to the Site.
5.6. Gurulize reserves the right to change, delete and remove any content or in-application services on the Site without any notice.
5.7. In order for the Client to make an appointment for a Counseling Session, the relevant fee must first be paid.
5.8. The responsibility for all kinds of information, documents, services, writings, expressions and similar shares to be made through the Site belongs to the Consultant or Consultant who makes these shares, and Gurulize has no control or responsibility for the content.
5.9. Gurulize may temporarily stop the service in cases where activities such as work, development, update or maintenance will be carried out in the application of the Site.
5.10. If the Client does not comply with the appointment hours, there will be no refund of the fee. In this respect, the Client who is late or does not attend the appointment will not be able to request additional time or refund or any other request.
5.11. The client will only be able to cancel his/her appointment if he/she notifies in writing at the latest 24 hours before the appointment time. No refund will be possible for any other reason.
5.12. If there is an error in the service feature information and price information in the application, Gurulize has the right to update or cancel the service in a corrected form by making the necessary notification.
5.13. The Consultant has authorized Gurulize to accept the fees to be paid in return for the contract on its behalf and account, and the Client's payment debt will end when the payments are made to Gurulize. In terms of payment transactions, Gurulize has the right to work with a payment service provider of its choice.
5.14. Clients will be able to purchase different Consultancy Packages available on the Site. Consultancy Package fees will be announced on the Site and may differ for each Consultant and Gurulize reserves the right to change these fees.
5.15. Upon expiration of the Counseling Package, all unused session rights will be invalid. Clients who receive a Counseling Package may use the sessions at any intervals they wish according to their appointment times. However, in determining the sessions, the frequency of the sessions to be deemed appropriate by the Consultant will be determinative depending on the availability of the Consultant and the needs of the Client. The parties accept, declare and undertake that they will comply with the conditions specified in the User Agreement in this regard and that Gurulize has no responsibility for the frequency of sessions, and that the issue will be determined jointly between the Consultant and the Client. For the avoidance of doubt, the Consultant has the right to refuse consecutive sessions (e.g. requesting sessions at intervals of several days or requesting more than one session within a week). The Client cannot hold Gurulize or the Consultant responsible for the loss of sessions that he/she will suffer for this reason.
5.16. The Client agrees that the appointments to be made within the scope of the Consultancy Package can be made seven days after the expiration of the Consultancy Package period at the latest and that no changes can be made in the Session appointments made after the Consultancy Package period and no refund can be received in case of cancellation.
5.17. If the Consultancy Package is not used within its term, the Client will lose his/her rights to the Sessions as of the expiration date. The Client accepts and declares that in the event of such a loss of rights, no rights will arise for the Sessions for which no appointment has been made, and the Consultancy Package fees paid for the Sessions for which no appointment has been made will not be reimbursed.
6. SITE SERVICES
6.1. Gurulize does not give any guarantee or quality promise regarding the quality or quality of the service to be provided by the Consultants and no liability can be directed to Gurulize on such grounds. The Consultant is personally liable for any damages arising during the Consultancy Service due to the fault of the Consultant and the Client has no right of recourse to Gurulize for any reason.
6.2. The Consultant information published on Gurulize's Site is filled in by the Consultants themselves and Gurulize has no responsibility for the accuracy or timeliness of the information. If the current and correct version of the information is notified, the necessary changes will be made without delay.
6.3. Gurulize is in no way responsible for the advice, guidance, suggestions or similar behaviors to be given by the consultants.
6.4. Gurulize undertakes to take all kinds of measures in terms of the security of the software it uses and to eliminate possible deficiencies and vulnerabilities that may arise over time. However, due to the fact that 100% security cannot be provided for internet-connected software and services due to their nature, Gurulize's responsibility will not arise in cases that occur outside of Gurulize's initiative, such as mechanical, electronic or communicative malfunctions or deterioration.
6.5. In the event that the Consultant ceases to provide services to the Site, the Client accepts, declares and undertakes that a refund will be made to him in the amount of the amount he has paid. 6.6. The Client accepts, declares and undertakes that he/she will visit, view and use this Site only for his/her personal use and that he/she does not have the right to copy the pages of the Site in any way other than this.
6.7. The Client agrees and undertakes that he/she shall not take the information and content published on this Site, introductory information and shall not copy, upload, publish, modify or otherwise distribute the same for any purpose other than for personal use.
6.8. The Client agrees and undertakes not to attempt to access the source codes of the Site or copy the Site in any way. The content and software of this Site belongs to Gurulize and is copyright protected. Legal copyright notice and various introductory texts have been placed on the pages of the Site. It is forbidden to delete or remove these warnings and texts.
6.9. The Client accepts and undertakes that he/she will not use any robot, spider or other automatic tools or manual processes for the purpose of monitoring or copying the Site or its contents or for other purposes not authorized and authorized and without obtaining the express and written permission of Gurulize in advance. Otherwise, the legal and criminal liabilities arising therefrom belong entirely to the Client.
6.10. The Client agrees and undertakes not to use any tools, software or procedures to interfere or attempt to interfere with the operation of the Site.
6.11. The Client agrees and undertakes not to take any action that imposes an unreasonable or disproportionately large load on Gurulize's infrastructure.
6.12. The Client accepts, declares and undertakes that he/she is obliged to ensure the security of his/her account information related to the Site, that he/she will not share his/her account information with any other third person or persons and that he/she will immediately inform Gurulize if he/she detects an entry into his/her account that is not within his/her knowledge.
6.13. The Client agrees and undertakes to indemnify and hold harmless third parties, their affiliated companies, officers and representatives, other partners and employees for any losses and damages that may be incurred by third parties due to the use of the Site, including the use of the Site to connect to another website or to upload content or other information to the Site.
7. OBLIGATIONS OF THE CONSULTANT
7.1. The Consultant undertakes to act in accordance with the laws of the Republic of Turkey during the consultancy service to be provided. In case of violation of this article, the Client reserves the right to indemnify all kinds of damages from the Consultant.
7.2. The Consultant accepts, declares and undertakes that it has full responsibility towards the Consultant within the scope of the Consultancy Service it provides, that it will not hold Gurulize responsible for any damages that may occur during the Consultancy Service or that it will not recourse the amounts it has paid if it has to pay a price within the scope of this damage.
7.3. The Consultant accepts, declares and undertakes not to perform the following acts:
a) Reaching the Consultant from social media accounts, sending messages, communicating externally without the Site's permission in any way,
b) Asking for money, requesting bank account information, sharing and similar acts for financial gain,
c) To carry out advertising and promotional activities about other sites, brands, products, services and similar content.
7.4. The Consultant accepts, declares and undertakes that the personal information available in the system during the performance of the consultancy service is accurate and up-to-date and that the Consultant is solely responsible for all possible damages in case it is determined that the personal information of the Consultant is incorrect.
8. OBLIGATIONS OF THE COUNSELEE
8.1. The Client is obliged to share with the Consultant all kinds of information that the Consultant should take into account within the scope of the service to be provided by the Consultant. In case of violation of this obligation, the responsibility belongs to the Consultant and no responsibility of the Consultant will arise.
8.2. The Client declares and undertakes that he/she fully fulfills the Membership Conditions in Article 9 and accepts that he/she will not be served and will be liable for all possible damages if the contrary situation is understood.
8.3. In order to benefit from the Consultancy Service, first of all, the consultancy fee announced on the Website must be paid. The Client accepts, declares and undertakes that the fee on the Site may be updated unilaterally by Gurulize at any time.
8.4. If the Client determines that the service provided by the Consultant is defective, he/she is obliged to notify the Consultant as soon as possible. Similarly, the Client is obliged to inform Gurulize without delay in cases where the Consultant doubts the expertise of the Consultant or the service is defective.
8.5. The Client accepts, declares and undertakes not to perform the following acts:
a) Reaching the Consultant from social media accounts, sending messages, communicating externally without the Site's permission in any way,
b) Soliciting money for financial gain, sharing bank account information and similar acts,
c) Advertising and promotional activities about other sites, brands, products, services and similar content
8.6. The Client accepts, declares and undertakes that he / she is responsible for the damage that will occur in case of violation of the obligations in Article 8.5 and to release Gurulize from any possible liability. In addition, Gurulize reserves the right to remove and block the Client from the system who acts in violation of this agreement and the law.
9. MEMBERSHIP REQUIREMENTS
9.1. Persons who do not meet the following conditions cannot be a member of Gurulize's Site and cannot receive services as a Consultant through the Site:
a) To have completed 18 years of age,
b) To have the capacity to act,
c) Not to be suspended from membership for any reason before,
d) To fulfill legal obligations,
9.2. The Client is obliged to choose the user name to be selected within the scope of Membership in a way that does not violate the general rules of morality and third party rights, including but not limited to copyright, trademark and trade name.
9.3. If the Consultant provides misleading information in terms of the Terms of Membership, the Consultant has the right to interrupt the service and not refund the fee.
9.4. Gurulize, which provides intermediary services within the scope of the consultancy service activity provided on the Site, reserves the right of discretion in accepting members within the scope of legal or commercial interests and preferences in addition to the above membership conditions.
9.5. The Client is obliged to provide full and complete name, surname, e-mail, telephone and other necessary information to be requested while becoming a member of the Site and undertakes that this information is correct and that it will keep this information up to date. In the event that the information entered is incomplete or cannot be verified, Gurulize has the right to terminate the service to be provided to the Client.
10. PERSONALIZATION OF SERVICE
10.1. The consultancy service provided is exclusive and personal to the Client.
10.2. The usage packages on the Site cover the use of a single Client and the right of use cannot be transferred to a third party under any circumstances.
10.3. Each Client may open a maximum of one account and duplicate accounts may be closed by Gurulize without any warning.
11. INTELLECTUAL RIGHTS
11.1. All kinds of copyrights, trademarks, patents and other intangible rights, including all of the service content, software, concept, design, design, photographs and other details, belong exclusively to Gurulize OÜ, including material and moral dimensions and usage rights, and the Parties accept, declare and undertake that they will not engage in copying, unauthorized use, reproduction, marketing, distribution, transmission, engineering, reverse engineering and similar activities related to them.
12. DIVISIBILITY OF THE CONTRACT
If any provision of this Agreement is invalid, illegal or unenforceable, the other provisions shall not be affected. In such a case, the Parties shall endeavor, in cooperation, to replace the invalid, illegal or unenforceable provision with the most appropriate and valid provision.
13. FORCE MAJEURE
13.1. In the following cases and within the scope of force majeure, Gurulize is not responsible for problems such as defect, default, suspension, etc. that the services under this Agreement to be provided by Gurulize may encounter. During the continuation of these reasons, neither party can claim any compensation for the failure of the other party to fulfill its performance, nor can it claim any rights later.
a) Planned support and maintenance of the Site,
b) Problems that may occur during maintenance, backup or initialization/commissioning of devices with new software,
c) Information that may be completely/ partially lost and/or incompletely received/transmitted due to internet traffic,
d) Access problems and delays beyond Gurulize's control
e) Intervention to the Site by public authority beyond Gurulize's control, f) Other causes that are unexpected in ordinary operation and impossible to prevent or plan for,
13.2. Force majeure events are events that do not exist at the date of signature but occur later, cannot be predicted and are beyond the control of the Parties. All legally valid force majeure events for various other problems such as connection losses, delays, etc. within the scope of this contract shall be considered force majeure. The Parties shall not be liable to each other in such cases. All legal force majeure, all problems occurring in the line or service subject to the contract in the context of this contract are considered force majeure. The parties shall not be liable to each other for these interruptions and delays. Major force majeure events, provided that their occurrence and disappearance is approved by the competent authority, are: war, blockade, martial law, mobilization, acts of terrorism, natural disasters (flood, lightning strike, earthquake, etc.), fire, changes in legislation proving that it is impossible to perform the services, strike, lockout. In the event of any event of force majeure, the obligations under this Agreement shall be suspended until the event ceases.
13.3. In the event of a force majeure event, the provisions of the Agreement shall be suspended upon 15 (fifteen) days' notice to the other Party; if the force majeure event lasts for more than three months, the Parties have the right to terminate the Agreement.
14. AUTHORIZATION AGREEMENT AND CHOICE OF LAW
14.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Estonia.
14.2. If disputes arising out of the Agreement cannot be resolved within 30 (thirty) days from the notification of the subject matter of the dispute, the courts of Tallinn shall have exclusive jurisdiction over disputes arising out of or relating to the Agreement.
14.3. Gurulize's commercial books, registers and other records shall be exclusively valid, binding and conclusive evidence in any dispute arising out of the Agreement.
