Terms of Service

TERMS AND CONDITIONS

 

Please read carefully the ”terms of use of the site” before using our site and our mobile application.

 

ENGLISH NINJAS service users are deemed to have accepted the following terms :

 

  1. All services and contents in the site and mobile application hereby belong to İNGİLİZCE NİNJALARI İNTERNET HİZMETLERİ A.Ş. ( shall be hereafter referred as ; ENGLISH NINJAS) located in Altıntepe Mh. İstasyon Yolu Sk. No:3 Maltepe İstanbul and shall be operated by this Company.
  2. (‘User’) hereby accepted that he is subject to the below given terms and conditions during using the services supplied in the site and mobile application, he is entitled to and he has legal capacity and power to sign contract according to the applicable laws and he is over 18 years old, he has read and comprehended this contract and he is bound by the terms of this contract.
  3. This contract has been issued for unlimited time. The contract defines the terms and conditions of use of the site and mobile application for the parties. User; when accepted this contract on- line/ in written manner, hereby declares and undertakes that he shall fulfill all the rights and liabilities in full and complete.

 

  1. Definitions :
    • '' Service '': means the types of service- not limited with them - which provides opportunity for practice during the session either in English or in further foreign languages through a consultant over an interactive video or platform of which the software in the site or mobile application has been developed by ENGLISH NINJAS’ and/ or the relevant sub- software licenses and their rights have been acquired by ENGLISH NINJAS.
    • ''Consultant” : is the third and real persons which have an agreement with ENGLISH NINJAS in order to practice either primarily in English or in any other foreign language with the user over the site or mobile application.
    • “Packet”: is the limited video packets which are purchased by the member for the supply of service for a fee under the tariff and conditions specified in the site and mobile application and which provide a specific minute and/ or time communication opportunity with the consultant as per the feature of the packet.
    • “Session”: is the session which involves all types of video and/ or audio interaction in which the member and consultant meet under an virtual environment so that the service could be supplied to the member and of which its period is determined by the selection of one of the packets supplied by ENGLISH NINJAS.
    • “Video”: is the integration of audio and images having digital feature obtained during the session between the member and the consultant .

 

  1. Rights and Responsibilities :
    • ENGLISH NINJAS reserves its right to make alterations on the product and services which are offered with the prices indicated in the site and mobile application .
    • ENGLISH NINJAS hereby accepts and undertakes that ; the user shall be allowed to utilize the services which comprise the subject of the contract except technical defects and force major conditions .
    • User hereby accepts in advance that; he shall not act reverse engineering during the use of the site and mobile application or shall not act in any manner in order to find and reach the source code thereof otherwise he shall be responsible for the losses to born before 3rd parties and he shall be subject to legal and penal procedures in this respect.
    • User hereby accepts that; he shall be solely responsible for the losses to incur due to   wrong and deficient misinformation he provided during his membership process to the site and mobile application and ENGLISH NINJAS may terminate its membership unilaterally without prior notice in case of his misinformation and violation of the contract.
    • User hereby accepts that; as regards his activities in the site and mobile application, in any part of the site or regarding his communications, in the sessions made with the consultant, he shall not act and make declarations against general ethics and morality, against law, in the manner harming personal rights, in misleading, aggressive, explicit, pornographic manner, against copyrights, in the manner involving racist and hate approaches, in the manner encouraging illegal actions and he shall not produce and share such kinds of contents. Otherwise, he shall be fully and exclusively responsible for the losses to occur in this respect, and in such a case ENGLISH NINJAS officials may suspend, terminate such accounts and reserve their rights to pursue legal proceedings. For this reason, in case of any information requests regarding event and user accounts from the judicial authorities; ENGLISH NINJAS reserves its right to share such information with these authorities .
    • User‘s access to site or mobile application, his internet connection for service supply and services for (sms) shall be provided by the user itself through the operators and service suppliers which the user is subscribed to and internet connection and SMS fees shall be paid by the user.
    • User is liable to maintain necessary hardware and devices which provide internet connection in order to be capable of using the service and so that the service may provide the utility as expected and to operate these instruments in due form. ENGLISH NINJAS shall not be responsible for any deficiency, failure, irregularity, error and/ or damage in connection with the internet and electronic communication or for any mistake and / or damage thereof or for the delays sourced from the devices which are used by the user   for internet connection. 
    • User hereby accepts, declares and commits in advance that; his unique purpose for attending the session is to make practice and improve in English and/ or any other languages preferred by the member and the service shall not be used for further purposes .
    • User hereby accepts, declares and commits in advance and irrevocably that; he shall abstain from any illegal actions against the consultant during the session as per international contracts, applicable laws   and further legislation and shall not act in this way, he shall comply with public decency during the session with the consultant, he shall abstain from any kind of wrongful acts against the consultant and shall not act in this manner.
    • Supply of the service depends on whether the consultant is available or not at the time when the user wishes to attend the session. Consultants may announce in the site and mobile application whether they are available or not or the time and day which they are available to provide service. User hereby accepts, declares and undertakes in advance and irrevocably that; the consultant which he personally prefers may not be available for every time and he is aware of that ENGLISH NINJAS has no liability to enable to consultant to provide service every day and every time.  
    • For enabling the service to be provided in better quality and to improve the   service‘s efficiency as expected, consultant may take written notes during the session about the performance of the member, the training level of the foreign language which he wishes to practice and develop and further information regarding the member.
    • ENGLISH NINJAS is not liable to direct the user’s communication with other users and consultant or to intervene to the subject communication. ENGLISH NINJAS, within the scope of the service, without giving any guarantee or commitment thereof, has provided to the user technical and technologic platform and tools so that the user shall not communicate with the users and/ or consultants which he does not wish to communicate and he shall be capable of obstructing   those undesired contacts. Accordingly, the user shall be able to make a restriction as he wishes to do.
    • ENGLISH NINJAS is not responsible for pecuniary losses and intangible damages arising out of disputes between the user and other users and consultants. ENGLISH NINJAS shall be never kept responsible neither directly nor indirectly for the consequences to born against the use within the scope of this article.
    • User is not allowed to use the site, mobile application and service for commercial purpose and action including the sales, marketing, advertisement and introduction of any product, goods and/ or service, but not limited with the foregoing actions. User is not allowed to collect any personal information from other users and consultants for commercial or other purposes, including e- mail, telephone number, address.
    • Service provided by ENGLISH NINJAS is within the scope of services which are executed instantly in accordance with the Regulation for Distance Contracts and the user which paid the service fee is not entitled to use its right of withdrawal. The only way that the user may be subject to refund of money in full after the Distance Contract is signed is that; he should notify the ENGLISH NINJAS and cancel the contract within 14 days following the approval of the Distance Contract, provided that the service should have not been initiated and used.
    • The period for right of withdrawal begins on the date of approval of the Distance Contract. For enabling to utilize the right of withdrawal; THE SERVICE SHOULD HAVE NOT BEEN INITIATED TO BE EXECUTED. In case the execution of the service has been initiated; for instance, if the BUYER has received service for only one time or more, than the right of withdrawal is not allowed to be utilized. In such a case, no fee refund shall be allowed.
  2. Intellectual Property Rights
    • All registered or non- registered intellectual property rights in this site and mobile application, such as trade name, trade mark, patent, logo, design, information and procedures, belong to the site operator and its owner ENGLISH NINJAS’ or to the relevant person specified thereof and such intellectual property rights are protected within the scope of national and international law. Visiting this site / mobile application and/or utilization of the services in this site/ mobile application do not assign any right within the scope of intellectual property. ENGLISH NINJAS trade mark is a registered trade mark in Turkish Patent Institute with registration no. 2016/15500.  
    • Contents, product pictures, logos, drawings, models, videos, formats included in the site   and mobile application are not allowed to be copied, multiplied, published, submitted and/ or transferred. Site / mobile application , either completely or partly, may not be used in another internet site without permission. In such a violation, user is liable to compensate the losses to occur in this respect.

 

  1. Confidential Information

Terms and policies regarding confidentiality are also explained in Privacy Statement page .

 

  1. Records and Security
    • User should submit correct, full and updated record information. Otherwise, this contract shall be deemed to have been violated and user’s permit for making operation may be revoked without a further notice.
    • User is personally responsible for his password and account security which is used for his access to the site and mobile application. Otherwise, ENGLISH NINJAS can not be kept responsible for the probable data losses and security violations or for the damages of the hardware and devices.

 

  1. Other Terms :
    • In case the parties care not able to fulfill their liabilities born from the contract due to various reasons which are not under their control such as; natural disasters, fire, explosions, civil wars, wars, rebels, civil commotions, proclamation of mobility, strike, lockout and epidemics, communication infrastructure and internet failures, power cut ( shall be referred as ; force major” completely, below), parties shall not be liable for such non- fulfillment. Within this process, parties’ right and liabilities born from this contract shall be suspended.
    • In case any of the terms of this contract becomes invalid either completely or partially, the remaining part of the contract shall remain in force.
    • ENGLISH NINJAS may alter the services offered in this site and the terms of the contract either partially or completely whenever wishes to do so. Such amendments shall be effective as of the date they are published in the site. It is user’s responsibility to follow up the amendments. User, by continuing to utilize the services provided, shall be deemed to have accepted such amendments.
    • All notifications to be sent to either parties in relation with this contract shall be sent to ENGLISH NINJAS’ e-mail address which is already known and to the user’ s e- mail address specified in the membership form. User accepts that; the e- mail address indicated during relevant process and his address declared by him therein  are his valid notification address and he shall immediately inform the new address in case of any change thereof, otherwise the notifications sent to these addresses shall be effective.
    • Parties’ records and documents and computer records and fax records shall be accepted as evidences in accordance with the Code of Civil Procedure No. 6100 for all kinds of disputes that may arise out of this contract between the parties , and the user hereby accepts that he is not allowed to object against these records.
    • İstanbul ( Central) Courts and Execution Offices are authorized for the settlement of all kinds of disputes to born from the application and interpretation of this contract.   .