Distance Sales Agreement

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SERVICE PROVIDER

Trade Name: Mİ DANIŞMANLIK VE ORGANİZASYON HİZMETLERİ - ZÜMRA ATALAY KÜÇÜKASLAN

Address: Ferahevler Mah. Yavuz Sk. No:17/1 Sarıyer, İstanbul

Phone: +90 530 240 49 17

Web: https://www.mindfulnessinstitute.com.tr/

E-Mail: bilgi@mindfulnessinstitute.com.tr

Mİ DANIŞMANLIK VE ORGANİZASYON HİZMETLERİ DISTANCE SALES AGREEMENT

Article 1 - Parties

1.1. SERVICE PROVIDER: Mİ DANIŞMANLIK VE ORGANİZASYON HİZMETLERİ (Mindfulness Institute); is the legal entity that sells and markets services for a fee via distance communication tools through its own website and/or mobile platforms and/or phone calls, etc.

1.2. BUYER: Refers to the natural or legal persons who benefit from one or more services on the SERVICE PROVIDER's website for a fee by accepting the terms of this agreement as well as the website use, privacy, and cookie policies available on the site, and who purchase goods and/or services offered in accordance with the legal legislation through distance communication tools by utilizing any method and technique envisaged by the SERVICE PROVIDER.

Article 2 - Definitions

2.1. Site/Platform: Refers to the websites consisting of the domain name https://www.mindfulnessinstitute.com.tr/ and sub-domain names connected to this domain name belonging to the Service Provider, which allow members to apply for the services offered for sale by the Service Provider over the determined sales price.

2.2. Service Provider: Mİ DANIŞMANLIK VE ORGANİZASYON HİZMETLERİ (Mindfulness Institute); is the legal entity that sells and markets services for a fee via distance communication tools through its own website and/or mobile platforms and/or phone calls, etc.

2.3. BUYER: Refers to the natural or legal persons who benefit from one or more services on the SERVICE PROVIDER's website for a fee by accepting the terms of this agreement as well as the website use, privacy, and cookie policies available on the site, and who purchase goods and/or services offered in accordance with the legal legislation through distance communication tools by utilizing any method and technique envisaged by the SERVICE PROVIDER.

2.4. SERVICE (Online/Offline Training/Seminar/Consultancy/Broadcast): May be provided with videos that have been recorded or are to be recorded for live and asynchronous broadcasting through tools that serve to record and transmit signs, sounds, and/or images, including digital technology, executed directly or indirectly in a studio environment or with the technical infrastructure belonging to the SERVICE PROVIDER. It refers to the training/seminar content created with the technical infrastructure of the SERVICE PROVIDER, the full rights of which belong to the SERVICE PROVIDER, and which the BUYER is allowed to use in an electronic environment via simultaneous (live/online) or asynchronous (offline) broadcasting by becoming a member of the SERVICE PROVIDER's website/platform and logging in with a username and password, or by filling out an application form without becoming a member, or through a platform that provides online meeting opportunities such as Zoom and similar platforms.

Article 3 - Subject Matter

3.1 This Agreement sets forth the rights and obligations of the parties pursuant to the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the training, seminar, consultancy, and organization services provided electronically through https://www.mindfulnessinstitute.com.tr and/or another domain name or application belonging to the SERVICE PROVIDER, or via the phone line +905302404917 and/or another phone line belonging to the SERVICE PROVIDER, upon the purchase, request, or application by the BUYER, who is a natural or legal person acting for purposes which are outside their trade or profession (Consumer). By reading and accepting this agreement, you undertake to be bound by these conditions through any pre-application form via which you submit a request to purchase or receive any digital product or service from our website.

3.2 The BUYER acknowledges, declares, and undertakes under the provisions of this agreement that they have been informed by the Service Provider in a clear, comprehensible, and internet-appropriate manner regarding the SERVICE PROVIDER's trade name, full address, telephone, and other contact details, the fundamental characteristics of the service subject to sale, the sale price including taxes, the payment method, and costs, etc., as well as all preliminary information regarding the service subject to sale, the exercise of the right of withdrawal and how to use this right, the official authorities to whom they can submit their complaints and objections, etc., that they have confirmed this preliminary information electronically, and subsequently ordered the goods and/or services.

3.3 All explanations, website policies, privacy policies, and cookie policies set forth on the website https://www.mindfulnessinstitute.com.tr belonging to the SERVICE PROVIDER constitute an integral part of this agreement, and by approving this agreement, the BUYER declares and undertakes that they have read and accepted the aforementioned texts.

Article 4 - Purchase and Payment Procedure

4.1 The BUYER may purchase the online training they will choose via bank transfer/EFT or credit card depending on the suitability of the SERVICE PROVIDER's infrastructure. The SERVICE PROVIDER may utilize intermediary institutions for the payment transaction. The purchase transaction is finalized when the BUYER creates an application for the service—which contains all details and information regarding sales and delivery determined by the SERVICE PROVIDER and presented on the website—accepts the pre-information text and the distance sales agreement, and pays the service fee.

4.2 In the event that the SERVICE PROVIDER works with any payment institution and/or 3rd party to ensure that all payments arising from this agreement and made by the BUYER to the SERVICE PROVIDER, as well as the transfer transactions of these payments, are carried out securely; the provisions of the agreement signed between the SERVICE PROVIDER and the payment institution and/or 3rd party shall also be binding upon this agreement. Within this scope, the relevant payment institution and/or 3rd party shall be directly responsible for the tasks to be performed by the payment institution and/or 3rd party on behalf of the SERVICE PROVIDER pursuant to the agreement, including obligations regarding the payment method and duration. In this regard, the BUYER acknowledges, declares, and undertakes that the SERVICE PROVIDER bears no legal liability.

4.3 If the SERVICE PROVIDER requests the BUYER to pay via other payment methods or offers this opportunity to the BUYER in the future, the payment may also be executed through other payment options determined by the SERVICE PROVIDER.

4.4 Upon accepting to receive the service, the BUYER acknowledges, declares, and undertakes to pay the fees determined by the SERVICE PROVIDER, in a single installment including VAT or in installments, before the service (training-seminar-consultancy) is performed.

4.5 The SERVICE PROVIDER is entitled to receive the fee for each sales transaction executed within the scope of this agreement.

Article 5 - Rights and Obligations of the Buyer

5.1 The BUYER acknowledges, declares, and undertakes that whether they apply by becoming a member of the site or without becoming a member, in the light of the information contained in this agreement and the content of the site, they have read and understood the characteristics of the Online/Offline Training/Seminar/Consultancy/Broadcast they will purchase, the sales price including all taxes, the quantity, conditions, and fees, and including but not limited to all pre-information and right of withdrawal texts made compulsory to be known by the BUYER prior to sale in Article 5 of the Regulation on Distance Contracts, and that they have executed the service order electronically with full knowledge of these pre-informations and right of withdrawal matters.

5.2 The service fee agreed upon by the parties must be paid by the BUYER through the method specified by the SERVICE PROVIDER. The SERVICE PROVIDER bears no responsibility whatsoever for monies paid in another manner or into another account.

5.3 For live broadcasts, the usage times of the services are maintained in accordance with a curriculum (which days of the week/which hours of the day/how many hours per week-day, etc.) determined by the SERVICE PROVIDER. The SERVICE PROVIDER reserves the right to make changes to the curriculum and all other online training content. In order for the BUYER to benefit from the services at the designated hours, they must connect and log in with the correct username.

5.4 The BUYER is obliged to use the necessary computer hardware and software to seamlessly benefit from the online training/seminar/consultancy/broadcast they have purchased. In this sense, the SERVICE PROVIDER cannot be held responsible for software or hardware deficiencies or failures originating from the BUYER.

5.5 If the online/offline service purchased by the BUYER is a video recording, the cancellation of the order is not possible as it is opened for access as of the moment of purchase (and because the BUYER ordered the service by accepting the sales price, all sales conditions, and this agreement). Furthermore, the BUYER cannot abstain from paying the fee for the service they ordered. Likewise, if the service purchased by the BUYER goes on a promotional campaign after the date of purchase, it is not possible to demand a price difference refund from the SERVICE PROVIDER.

5.6 Following the delivery of the service, in the event that the relevant bank or financial institution fails to pay the service fee due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons in a manner arising and/or not arising from the BUYER's fault, including but not limited to this reason alone, all legal liability shall belong to the BUYER.

Article 6 - Rights and Obligations of the Service Provider

6.1 The SERVICE PROVIDER agrees and undertakes to fulfill the performances assigned to it in the agreement fully, except for force majeure events, pursuant to the provisions of the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.

6.2 The SERVICE PROVIDER is not responsible for price faults and inaccuracies resulting from system errors. Accordingly, the SERVICE PROVIDER is not responsible for promotion or price errors that may arise due to the system on the site, design, or illegal interventions that may be carried out on the website. The BUYER cannot claim any rights or receivables from the SERVICE PROVIDER due to system errors.

6.3 In all cases deemed as force majeure that are beyond the reasonable control of the SERVICE PROVIDER, including natural disasters, fire, flood, riots, strikes, epidemics, pandemics, infrastructure and internet failures as well as failures in systems that directly or indirectly constitute the technical infrastructure of the service, bad weather conditions, war, acts of terrorism, embargoes, decisions of administrative and legal authorities to shut down broadcasts, block access, suspend and restrict access, the SERVICE PROVIDER shall not be held liable for late, incomplete, or non-performance of any of its obligations set forth in this agreement. These and similar situations shall not be deemed as delay, incomplete performance, non-performance, or default for the SERVICE PROVIDER, and no compensation can be claimed from the SERVICE PROVIDER under any name for these situations.

6.4 The SERVICE PROVIDER cannot be held liable for damages that may occur due to the BUYER or third parties visiting links placed on the SERVICE PROVIDER's website for advertising purposes or to permit access to other websites. The SERVICE PROVIDER makes no commitment regarding the reliability of the content of the sites mentioned in this article, nor can it be held responsible for the negative consequences that members and third parties may encounter due to visiting the site.

6.5 Unless declared otherwise to the SERVICE PROVIDER by the BUYER, messages may be sent to the BUYER via electronic communication tools such as e-mail, SMS, WhatsApp messages, phone calls, etc.

6.6 In cases of breach of contract, the SERVICE PROVIDER reserves the right to claim compensation for all kinds of damages. In the event that the BUYER does not comply with the legal legislation superior to this agreement, violates one of the provisions of this agreement, or fails to comply with the rules of the site, the SERVICE PROVIDER may terminate the agreement unilaterally at any time without the need for a warning and without showing cause. Besides termination, the SERVICE PROVIDER has the right to freeze, restrict, or terminate the BUYER's membership to the site, as well as to delete and remove documents, contents, comments, and any information regarding the breach of contract from the site.

6.7 In the event that the operation of the site is completely halted by the SERVICE PROVIDER, i.e., the site is closed, this agreement shall be deemed to have terminated automatically without the need for any notice. The SERVICE PROVIDER reserves the right to change its business, commercial partnership, and website domain name, and to carry out the same activity under another domain name.

6.8 In the event that the BUYER repeatedly contacts Mindfulness Institute instructors or other buyers for commercial or personal purposes without their consent and despite being warned, this situation shall legally be evaluated within the scope of 'stalking' (persistent harassment). The SERVICE PROVIDER reserves the right to restrict the BUYER's communication, cancel their registration, and file a complaint with legal authorities when necessary.

Article 7 - Right of Withdrawal

7.1 In the event that a service is purchased electronically through the SERVICE PROVIDER's website or over the phone, or a pre-application form is filled out to purchase, the BUYER shall be deemed to have read and approved this pre-information form and the distance sales agreement. The withdrawal period begins from the moment the agreement is approved and is 14 days. Within this period, the BUYER has the right to withdraw from the agreement without undertaking any legal or criminal liability and without showing any justification. The burden of proof that the declaration of withdrawal has reached the SERVICE PROVIDER belongs to the BUYER. Requests for termination of the agreement made after this period expires will be concluded in accordance with the contract provisions.

7.1.1 Since the service to be provided to the BUYER is a "Training-Seminar-Consultancy Service," the approved agreement is among the contracts regulated under Article 15 of the Distance Contracts Regulation under the subtitle "Exceptions to the Right of Withdrawal," which governs "contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer; g) contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer, and h) contracts regarding services whose performance has started with the approval of the consumer before the expiry of the right of withdrawal period," and is within the scope of the exception to the right of withdrawal. Due to the nature of digital products and services, after the seminar, training, or consultancy service is carried out, or if it is a video recording, after downloading the videos or gaining access, no refund transaction can be made. However, in cases where access cannot be achieved due to technical problems originating from the SERVICE PROVIDER, refund or exchange transactions can be evaluated. For all these reasons, if the performance of the service begins within the 14-day withdrawal period, the BUYER must notify the SERVICE PROVIDER of their right of withdrawal through valid communication channels at the latest one day before the day the service starts. Otherwise, the BUYER's requests regarding the termination of the agreement will be concluded according to the termination provisions written in the agreement.

7.2 In the event that the BUYER's membership is canceled by the SERVICE PROVIDER due to their behavior contrary to the website usage policies or this agreement, the BUYER cannot claim any refund. In cancellations made due to violation, the paid fee shall be retained by the SERVICE PROVIDER regardless of whether the service has been used or not, and the refund request shall be deemed invalid.

7.3 The SERVICE PROVIDER may cancel or postpone a training or service at its own discretion or due to force majeure events. In this case, the SERVICE PROVIDER is obliged to offer the BUYER the option to reserve their rights or receive a refund. The BUYER cannot claim any fee other than the fee they paid to register.

Article 8 - Cancellation, Refund, and Termination Processes

8.1 The BUYER is obliged to convey their refund, cancellation, and termination requests in writing within 14 days from the approval of the distance sales agreement to the SERVICE PROVIDER's corporate phone line at +905302404917 or to the email address bilgi@mindfulnessinstitute.com.tr. The BUYER's requests will be evaluated in line with the conditions specified under the Right of Withdrawal.

8.2 The BUYER must convey their refund and cancellation requests within 14 days from the approval of the distance sales agreement; however, if the BUYER has started receiving services within 14 days from the approval of the distance sales agreement, they are obliged to convey their refund and cancellation request to the SERVICE PROVIDER at least 1 day before the start of the service. No refund or cancellation will be made to the BUYER for requests that do not comply with the conditions specified under the Right of Withdrawal.

8.3 BUYER requests that comply with the conditions specified under the Right of Withdrawal are evaluated in the relevant departments of the SERVICE PROVIDER, and the evaluation result is sent to the email address and/or phone number shared by the BUYER during registration.

Article 9 - Privacy and Security

9.1 The SERVICE PROVIDER shall process, store, and share with third parties the personal information it obtains belonging to the BUYER for the performance of this agreement and pursuant to the Personal Data Protection Law No. 6698. This matter and the privacy policy shared on the website are accepted, declared, and committed by the BUYER in advance.

9.2 Credit card details are strictly never stored by the SERVICE PROVIDER. Credit card details will only be used securely to obtain pre-authorization by being transmitted to intermediary institutions, online payment platforms (iyzico, etc.), or relevant banks during the collection transaction.

Approval and Acceptance

By reading and accepting this Refund and Cancellation Policy, you declare that you have read and approved that you will be subject to these conditions for any digital product/service purchase or pre-application you execute through Mİ DANIŞMANLIK VE ORGANİZASYON HİZMETLERİ (Mindfulness Institute).

Article 10 - Authorized Court and Enforcement Offices

In the event of a dispute arising from the implementation of this agreement, the Istanbul Central Consumer Courts and Enforcement Directorates are authorized.