Distance Sales Agreement
ARTICLE 1: SUBJECT and SCOPE OF THE AGREEMENT
1.1.The subject of this Distance Sales Agreement (“Agreement”); Zeytinlik Mah, Ebuziya Cad, Taşevler Sok, No: 2 Floor: 2 Bakırköy / İstanbul , MAYA YOGA from Hikmet Gürbüz Private Company, within the terms, scope and period specified in the contract and Maya Yoga. It is the determination of the Member's right to benefit in the context of the service he/she has chosen and the rights and obligations regarding this during the service period.
1.2.With this Agreement, one-time individual session, group lesson packages, workshop or training services are sold. The member will sign this Agreement after choosing which one-time session, workshop, group lesson packages, or service type he would like to purchase from the screen that appears, and then pay the fee for the service he has chosen from the payment screen.
1.3.In terms of the said one-time session and service, only this Agreement will be signed, and there is no need to sign another written agreement.
ARTICLE 2: DURATION
The term of this Agreement is limited to the term of the selected service. Rights not used within this period cannot be compensated, used later and cannot be transferred to the next period.
ARTICLE 3: FEE and PAYMENT
3.1.Payments to be made pursuant to this Agreement will only be made in Turkish Lira and with the payment methods specified in the Agreement.
3.2.Following the signing of this Agreement, a payment will be made by the Member at the value of the package fee, , from the payment screen in front of him. After signing the Agreement and making the prepayment by the member, Maya Yoga will benefit from the service corresponding to the relevant package amount.
3.3.3.2 of this Agreement. The Member who makes the payment for the service package he/she has received pursuant to the article, states that the first lesson he/she started to receive the service from is the start date and that he/she must complete the remaining lessons within the period specified in the package conditions. accepts and undertakes that it will not be
3.4.Payments to be made with this Agreement will be made in return for an invoice with the VIRTUAL POS application on the screen that will appear in front of the Member after the selection of the service to be purchased and the signing of the text of the Agreement. Apart from this, there is no other payment method and it cannot be requested by the Member.
3.5.Maya Yoga reserves the right to change all course or service fees over time.
3.6.The fee determined and paid by this Agreement is foreseen for the lessons and services promised to him on the day the Member chooses the package. It is not possible to cancel the selected package and/or service and request a refund after the fee has been paid by the member.
3.7.Maya Yoga reserves the right to apply different sales methods, such as making sales in installments for cash price by organizing campaigns or promotions when it deems necessary, and/or estimating installment prices, provided that the amount of interest or interest to be applied in advance is determined. Occurrence of one of these situations will not give rise to any vested rights for the Member who has previously purchased a package or service, and does not give rise to the right to make a different request.
ARTICLE 4: SCOPE OF MEMBERSHIP
4.1.One-time programs (individual session, group lesson packages, workshop and training) purchased with this Agreement are valid only for the specified days and programs, and if the Member does not attend the individual session, workshop and training paid for by the Member, other than the day paid by the Member. It is not possible to request a return to a program and/or the prepayment fee made pursuant to this Agreement.
4.2.Only the person who signed this agreement will benefit from the packages and services purchased pursuant to this Agreement, and there is no transfer of membership, use by someone else or transfer of membership right to third parties by inheritance.
4.3.It is only possible for minors under the age of eighteen to purchase and benefit from the relevant programs, with a permission document signed by their family members or custodians or their guardians. Otherwise, the Member under the age of eighteen will not be able to use the service purchased, and the prepayment will not be refunded.
ARTICLE 5: MEMBER'S RIGHTS AND RESPONSIBILITIES
5.1.Regardless of which one-time service is purchased, each Member who signs this Agreement and gains the right to benefit from the studios and facilities of Maya Yoga, from the moment of signing this Agreement, will strictly abide by the studio rules communicated to him/her, and use the studio and the tools and equipment contained therein to the fullest extent. will use it well and not harm them, keep the area where Maya Yoga operates and the surrounding areas clean, carefully avoid noise, attitudes and behaviors that disturb the environment; accepts that if he does not comply with these, his membership will be canceled and he will not be refunded, including the part that he has paid and in return for which he has not received any service, and accepts in advance that he will be compensated for the direct and indirect damages incurred by Maya Yoga due to these actions and behaviors, as well as for the material damages he has caused, and commits.
5.2.With this Agreement, the Member accepts and undertakes that he/she has the right to benefit only from the courses and services he/she has received and that he/she cannot demand to benefit from the courses and services that are not within the scope of the Agreement.
5.3.The Member accepts and undertakes in advance that Maya Yoga has no obligations other than the course and service obligations stipulated in this Agreement and does not undertake any other result (weight gain, weight loss, improvement of health, etc.) to the Member.
5.4.Members do not have any health or physical problems that prevent them from participating in one-time sessions, workshops or trainings they have purchased, in case of a health problem or pregnancy that may arise later, although they are not aware of it at the first time, disability, illness, death, etc. that may occur as a result of these. They accept, declare and accept that they will not hold Maya Yoga, Maya Yoga officials and instructors responsible due to the circumstances or whether they have had the necessary controls done or not or not complying with the medical advice given by the health consultants, and that they do not have the right to make any claims against Maya Yoga or the persons listed above for these reasons. they commit.
Maya Yoga decides exclusively on what conditions to continue.
5.5.The member, as well as himself, is responsible for all damages and losses that his children or guests may cause at the workplace of Maya Yoga through their own faults, carelessness or negligence. Unless the intentions or gross negligence of Maya Yoga management, employees and instructors are proven, the Member renounces in advance all claims and claims regarding all damages and damages arising from the use or attempt of Maya Yoga's studios and other parts of the workplace by his or her children or guests, Maya Yoga or the management or its employees completely and indefinitely and that it legally releases these people by waiving all claims and lawsuit rights against these people in advance, for the future and without any conditions.
ARTICLE 6: RIGHTS AND RESPONSIBILITIES OF MAYA YOGA
6.1.Maya Yoga's responsibility consists of providing the services selected with this Agreement to the Member in return for payment of the full price and as promised.
6.2.Maya Yoga, within the specified periods, excluding all force majeure situations, maintenance and modifications, without being limited to situations such as war, internal turmoil, sabotage, terrorism, strike, disaster, fire, intervention of the government, municipality or property owner, which may occur against its own will and fault. is obliged to keep the studio and workplace ready for use by the Member at times and times. However, the regulation of working hours and in which studios and when to work is under the exclusive authority of Maya Yoga. Maya Yoga may rearrange the working hours and conditions of the studio and the workplace, when it deems necessary, with its unilateral decision and taking into account the characteristics of the studio's location. In this case, the Member is notified of the new arrangements by making an announcement in the studio or by e-mail.
6.3.Cancellations and changes regarding classes, studio work, events and instructors are under the exclusive authority of Maya Yoga. New regulations, cancellations and changes regarding these matters are notified to the Member by making an announcement in the studio or by e-mail.
6.4.When modifications, repairs, arrangements or innovations are made in the workplace belonging to Maya Yoga, Maya Yoga may partially or completely limit the use of the studio and other areas, the provision of services and activities, or close the workplace for a certain period of time for these reasons or for other reasons not caused by it. In this case, Members will be notified verbally or via e-mail at the studio. Unless the use of the entire workplace, services and activities are completely stopped and the workplace is closed, there is no refund, compensation or compensation for the membership period regarding these savings.
6.5.Maya Yoga will allocate a locker for the Member to put his/her personal belongings limited to the days and hours he/she comes to the class, workshop or training, and it is the Member's sole responsibility to keep the locker locked and to protect the personal belongings therein. Maya Yoga will do its best to protect the security of the cabinets in the workplace and to prevent theft. On the other hand, in the event that any personal belongings of the Member, child or guest are stolen or damaged, the Member accepts, declares and undertakes in advance that Maya Yoga has given him the necessary warnings regarding this and that he has no legal responsibility. The member shall empty the locker allocated to him within 1 hour at the latest after the end of the lesson, workshop or training, otherwise this locker will be emptied by Maya Yoga and delivered to him, and that the items in the locker will be stolen, lost, damaged, etc. accepts, declares and undertakes that it will not make any claims or demands.
ARTICLE 7: FROSTING AND TERMINATION OF MEMBERSHIP
7.1.In terms of one-time services (lessons, workshops and trainings) purchased, there is no right to freeze, terminate or withdraw from the contract, except in case of faulty behavior of Maya Yoga and failure to fulfill its obligations set forth in this Agreement in this context.
7.2.If the purchased service is not used on the specified days and hours, this Agreement will automatically terminate, and in this case, the prepayment made by the Member will not be refunded.
ARTICLE 8: CLOSING OF THE WORKPLACE
8.1.In the event that the workplace of Maya Yoga is permanently closed by the unilateral will of the business or for any other reason, Maya Yoga is obliged to return the unused portion of the fee paid by the Member to the Member within 1 (month) at the latest after the closure of the workplace. In such a case, it is not possible for the Member to claim any rights other than refunds or claim compensation.
8.2.Maya Yoga has the right to transfer the said business to real or legal third parties or to merge with third parties. The Member accepts, declares and undertakes that he/she will not claim any other rights due to this transfer or merger, except the right to request the continuation of his membership under the same conditions.
ARTICLE 9: PROCESSING AND PROTECTION OF PERSONAL DATA
By becoming a party to this Agreement, the member may submit all the information he has given and/or all his personal information, health history information, personal and private data obtained during the membership period, to Maya Yoga in any way during the continuation of the membership relationship, electronically in connection with the payment of the membership fee. Information given/to be given in other environments, classes and activities in the studio, and photographs and video footage taken in living spaces by Maya Yoga as the "Data Controller" and by Maya Yoga's business partners, officials, successors and/or third parties to be determined by them. Taking all necessary measures to protect their privacy and complying with the legal principles regarding the processing of personal data by automatic / non-automatic methods, data acquisition, not exceeding the legal deadlines and complying with the provisions of the legislation on the protection of personal data in the country and / or abroad. Recording, storing, preserving, making available, using, updating, changing, rearranging, classifying, transferring in the country or abroad, and processing in any way in accordance with other laws, in this regard, It accepts, declares and undertakes that it has clearly given permission (consent/approval) through the channels and informed about its legal rights.
ARTICLE 10: FORCE MAJEURE
10.1.Severe weather conditions, natural disasters, war, earthquake, fire, flood, decisions taken by the government or unpredictable situations that occur outside the control of Maya Yoga, which will partially or completely stop the working opportunities of Maya Yoga, temporarily or permanently. considered force majeure.
10.2.Maya Yoga is not responsible for the situations listed above. The occurrence of force majeure shall be notified as soon as possible through the channels determined by Maya Yoga and which enable the Member to receive information.
10.3.In the event that the force majeure and/or its effects last more than 3 (three) months, Maya Yoga may postpone the membership expiry date by the force majeure period or terminate the Membership Agreement by refunding the Member's fees for the months in which he or she could not benefit from the studio due to force majeure. In the event that the force majeure ends, if the contract has not been terminated, Maya Yoga decides exclusively under which conditions the contract will be continued, depending on the effects of the force majeure.
ARTICLE 11: INDEPENDENCE OF SUBSTANCES
11.1.In the event that any article of this Agreement is deemed invalid by any judicial authority or it is decided to be contrary to the public interest, only that article will be deemed out of the Agreement and the other articles will remain valid and enforceable. Maya Yoga has the right to add new articles that are in compliance with the legislation and in the public interest, in place of the invalidated article.
11.2.Maya Yoga may terminate the Agreement unilaterally, provided that a written notice is given to the Member, in the event that an arrangement is made to expand the scope of the obligations set forth in this Agreement, with any article of law that entered into force after the signing of this Agreement. In this case, the fees for the services that the Member has not used will be refunded, and the Member has no right to claim any material or compensation other than this refund.
ARTICLE 12: WAIVER
Failure to exercise the rights and powers set forth in this Agreement by Maya Yoga does not mean that Maya Yoga has waived from using these rights and powers, or that the Member has accepted similar future faults in advance. Maya Yoga reserves the right to use these rights and powers at any time.
ARTICLE 13: EVIL AGREEMENT
In disputes that may arise from this Agreement, the parties, without prejudice to material errors and omissions, of Maya Yoga's commercial books and records, computer records and electronic correspondence and notifications, HMK m. They accept, declare and undertake that it will constitute valid, binding, definitive and exclusive evidence in the context of 193 and that this article is in the nature of an evidential contract.
ARTICLE 14: NOTIFICATION
14.1.For any notification to be made to the Member pursuant to this Agreement, the address and contact information entered into the system by the Member during the completion of this Agreement will be taken as a basis. Performance of this Agreement, use of membership, lesson time, place and instructor change, etc. Routine correspondence regarding matters can be made by e-mail.
14.2.Unless any changes in these addresses are notified to the other party, notifications to the addresses written above will be considered valid.
ARTICLE 15: AUTHORIZED COURT
Istanbul Courts and Enforcement Offices are authorized in disputes arising from or related to this Agreement.
ARTICLE 16: EFFECTIVENESS
This Agreement consists of 16 (sixteen) articles, including this article, and has been issued in a single copy.
I read the text and annexes of the agreement, after negotiating with the workplace officials, I signed this agreement by making a joint agreement, that the relevant rules were transmitted to me in writing and verbally and that I had detailed information about the content, I did not have any expectations other than those written in this agreement, within the rules stipulated in this agreement. I AGREE TO RECEIVE SERVICE AND I WILL PAY THE SUCH PRICE IF I CANNOT RECEIVE THE SERVICE FOR REASONS ARISING FROM ME, WITHOUT A APPLICABLE REASON, I WILL PAY THE SUCH PRICE, BETWEEN THE AGREEMENT AND THE MANDATORY AGREEMENT,