STANDARD BUSINESS TERMS
These Standard Business Terms for Crescent Movement LLC (hereinafter referred to as the “Standard Business Terms”) are a legal agreement between each individual person or entity (referenced herein as “buyer”) and Crescent Movement LLC (hereinafter referred to as “Company”) that applies each time a buyer uses the
“https://crescentmovement.mykajabi.com/store" site and its available functionality (referenced herein as the “Online Platform”) or purchases a good or service from the Online Platform. Each buyer should therefore read carefully the following terms and conditions contained in these Standard Business Terms as they govern use of the Online Platform and available purchases there from.
BY ACCESSING, USING, OR PURCHASING ANY PRODUCTS OR SERVICES ON OR THROUGH THE ONLINE PLATFORM, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE STANDARD BUSINESS TERMS, WHICH CONTAIN AN DISPUTE SETTLEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE ONLINE PLATFORM OR PURCHASE ANY SERVICES/COURSES PROVIDED ON IT.
The aforementioned “BUYER and COMPANY” shall hereafter be referred to individually as “PARTY” and together as “PARTIES”.
- DEFINITIONS
The words and expressions used in the content of this agreement concluded between the PARTIES; shall have the meaning given to them in the agreement conditions, except where the content otherwise requires.
- GENERAL TERMS
2.1. By accessing or using the Online Platform, BUYER represents and warrants that BUYER is at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Online Platform. In addition, BUYER agrees to abide by all applicable local, national, and international laws and regulations with respect to BUYER’s use of the Online Platform or the utilisation of any available product or service. Buyer also acknowledges and agrees that use of the Online Platform is solely at buyer’s own risk.
2.2. BUYER may be required to register to use the Online Platform and establish an account for access to the Online Platform generally. As designated, each registration is either for a single individual person or entity, unless otherwise expressly agreed upon by COMPANY. Registration for access to and use of the Online Platform may also require certain access credentials, such as a username or password, etc.
2.3. The PARTIES accept and declare that the information provided by the BUYER during the purchasing transactions made through the online platform is not under the obligation of research by the COMPANY and is accepted correct. The COMPANY has no legal, material or moral responsibility in the face of all possible disputes that may arise due to incorrect, misleading and incomplete information or documents submitted by BUYER. The COMPANY reserves the right to initiate legal action against the BUYER due to incorrect, misleading and incomplete information or documents.
2.4. BUYER hereby agrees to consider the information associated with BUYER’s account and its respective access credentials as confidential information. Buyer shall use no less than reasonable effort to maintain the confidentiality of such information, and agrees not to disclose such information to any third party without the prior express written consent of COMPANY, which may be withheld in its sole discretion. In addition, BUYER agrees to assume all responsibility concerning BUYER’s use of the online platform. BUYER shall immediately notify COMPANY if BUYER suspects or becomes aware of any loss or theft of password or any unauthorised use of buyer’s username and/or password.
2.5. In accordance with rule of law, neither the COMPANY nor any BUYER shall discriminate against any PARTY on the basis of race, color, religion, sex, age, national origin, physical or mental disabilities, political affiliation, sexual orientation, marital status. Complaints involving discrimination or sexual harassment shall be the reason for initiating legal process and terminating the right to participate in online training.
2.6. The preliminary explanations on the online platform, the privacy policy and the invoice issued on the order given by the BUYER are integral parts of Standard Business Terms.
2.7. BUYER is informed by the COMPANY about the type of service, code, amount, sales price, payment method, right of use, right of withdrawal, invoice information of the services received in a clear, understandable manner before the payment.
2.8. In the event that any article or clause of Standard Business Terms is not enforceable or unacceptable under the law, it shall remain valid without such article or clause.
2.9. The right to use the service belongs only to the BUYER, who is the addressee of Standard Business Terms and the invoice.
2.10. The times of the services for the live broadcasts are determined in accordance with a curriculum determined by the COMPANY (which days of the week / hours of the day / how many hours per week, etc.). The COMPANY reserves the right to make any changes in the service contents at any time. BUYER shall log into the platform with his/her own identity (full name and surname).
2.11. In case of missing live broadcasts, the recording of the broadcast is uploaded to the system.
- Purchase Process & Pricing
3.1. In order to complete a purchase, BUYER must place the desired service/course into the cart and then enter the order data into the order form. After selecting the shipping option and the desired payment form, and formally accepting these Standard Business Terms, buyer then submits a binding offer by clicking the “Buy now” button. Following the order process, buyer will receive an order confirmation from COMPANY by email.
3.2. Offers by the COMPANY are always subject to change.
3.3. The main contents, qualifications and pricing of the services/courses to be provided are available on the online platform.
3.4. Price of the service/course is not the subject of refund or termination requests after fourteen days.
3.5. BUYER has the right to refuse and withdraw the service within fourteen days from the date of purchase of the service/course. Within fourteen days from the date when the BUYER’s withdrawal notification reaches the COMPANY with a continuous data carrier (email address), the service price will be refunded to BUYER. Price of the service/course is not the subject of refund or termination requests after fourteen days. Subject to the terms and conditions set forth herein, applicable refunds will be provided using the same payment method selected in connection with the original transaction.
3.6. In case COMPANY works with a third party in order to secure the payments regarding the sales transactions; the provisions of the contract concluded with this organisation or person will also bind the Standard Business Terms.
3.7. We reserve the right to deduct payments from the refund amount accordingly for courses with limited quota.
- COPYRIGHT, CONFIDENTIALITY
4.1. “Confidential Information”: ideas, projects, expertise information, design, invention, business method and patent, copyright, trademark, trade secret, know-how which are disclosed by the COMPANY to BUYER under Standard Business Terms or all other technical information which are subject to legal protection or not are considered confidential information.
4.2. COMPANY respects the intellectual property rights and protection of confidential information. The Company is the owner of all right, title, and interest in and to each of the Copyrights, free and clear of all liens and other adverse claims. All the Copyrights are currently in compliance with formal requirements, are valid and enforceable. No Copyright is infringed or, to the Company’s knowledge, has been challenged or threatened in any way.
4.3. The PARTIES shall keep the Confidential Information at their own responsibility and shall take all reasonable measures to ensure that confidential information is not unlawfully disclosed.
4.4. In case of duplication or publishing of the confidential information of the COMPANY, we reserve the right to file a criminal complaint in such cases.
- DATA INTEGRITY AND PURPOSE OF LIMITATION
The COMPANY is committed to protecting your personal information and will use information as relevant for the purposes of processing. Depending on the circumstances, examples of compatible processing purposes may include those that reasonably serve customer relations, compliance and legal considerations, auditing, security and fraud prevention, preserving or defending the COMPANY’s legal rights, or other purposes consistent with the expectations of a reasonable person.
- SETTLEMENT OF DISPUTES
6.1. These Standard Business Terms are governed and construed in accordance with the laws of TURKIYE. The exclusive place of jurisdiction for all disputes arising under, or in connection with, the Standard Business Terms is Turkiye.
6.2. Negations in Good Faith
If at any time a question, dispute or discrepancy (each a dispute) arises between the PARTIES in relation to or in connection with this Agreement, the PARTIES shall make reasonable efforts to resolve the dispute through bona fide negotiations.
6.3. In the event that any dispute arising from the interpretation, implementation actions and matters arising from the execution of this agreement between the parties cannot be resolved amicably within 15 days, either of the parties may refer the dispute to Courts and Execution Office in TURKIYE.
6.4. Governing Law
Unless otherwise specified in these Standard Business Terms, disputes arising shall be resolved in accordance with Turkish Law and legislation.
- FORCE MAJEURE
In the event the COMPANY is unable to perform its obligations under the terms of These Standard Business Terms because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, the COMPANY shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.
- EVIDENTIAL AGREEMENT
All payments, documents and declarations that may be sent by mail / whatsapp between the PARTIES during the term of Standard Business Terms and the provisions shall be used as evidence in case of conflict. In this respect, the PARTIES declare that they will use the following email addresses for formal procedures.
Mail-1 : [email protected]
Mail-2 :.......................................... @……………………………….
If BUYER has any questions regarding these Standard Business Terms or if a BUYER is interested in obtaining more information concerning Online Platform or any available services, please contact [email protected].
The effective date of this agreement is …….… The agreement consists of (8) articles and (5) pages and has been issued on ……………… date and entered into force after being accepted by the BUYER.