Welcome to www.wext.com. This website is owned and operated by Smart Eğitim Çözümleri Sanayi ve Ticaret A.S., a Turkish company limited by share located at Esentepe Mah. Akademiyolu Street, Teknoloji Geliştirme Bölgeleri Sit., B Blok Apt. No: 10 B / B01 Serdivan, Sakarya, Turkey, with a registration number 51297≠5 ("Smart Education"). Please read these prior to registering for an account on www.wext.com
You can subscribe by creating your account free of charge with your full name and e-mail adress and a password. Any authorized User shall take language placement test by only creating an account via Website or mobile applications.
You can always use some Service and Products for free and cancel your free subscription any time. In case You have purchased a subscription please refer to cancellation and refunds section.
If You purchased Service and Product through an application store, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms).
Smart Education reserves the right to modify these Terms and Conditions at any time without advance notice. Any changes shall be effective immediately upon posting on this page, with an updated effective date. Any material changes take effect upon posting and apply only to your use of the Website unless we have other communications with you.
Your continuing use our Website means You accept and agree the revised terms. You understand and agree that Smart Education may discontinue or restrict your use of the Website at any time for any reason or no reason with or without notice according to current law and legislation.
You also understand and agree that in the event You breach the Terms and Conditions and act in contrary to the related law and regulation; You shall be subject to legal and criminal sanctions.
Company refers to Smart Eğitim Çözümleri San. Ve Tic. A.Ş., Smart Education.
By-law refers to regulation on Distance Agreement (RG:27.11.2014/29188).
Fees refers to the relevant Product and/or Service fees payable by the User to access the Services and/or Products.
Force Majeure refers to any cause beyond any party’s reasonable control including, but not limited to, strikes or lockouts, labor shortages or disturbances, acts of God, fires, accidents, floods, severe storms, wars, riots, acts of governmental authority.
Intellectual Property refers to copyright, trade marks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights.
Product refers to the Website digital learning materials purchased by You for the use of its Authorized User which are accessed via Website.
Service refers to the consumer transactions where User get from Website.
Subscription refers to User’s selected time and content membership to the Website to access the Products and Service.
T&C refers to this User Agreement.
Website refers to www.wext.com or any portion of it or its mobile applications. You refers to authorized user of the Website.
User refers to you, authorized user of Website.
2) USER’S RIGHTS AND OBLIGATIONS
2.1. User confirms to be bound by these T&C by accessing or using the Website. User also confirms that he or she is at least 18 years old or, if younger than 18, User confirms that he or she has the permission of his/her parent or legal guardian, who will take responsibility for the compliance with these T&C
2.2. User agrees and undertakes to use the Website in compliance with T&C, governing law and all applicable local, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and the governing law of this Agreement.
2.3. User undertakes and agrees to not use the Website in any manner intended to damage, disable, or impair any of our server or the network(s) connected to any of our server or to interfere with any other party's use of the Website. You agree to use the Service and Products in a diligent, proper and lawful manner and to ensure that You do not violate any applicable local, state, national or international law or any rights of third parties (including trade mark, trade secret, copyright or other proprietary rights).
2.4. User shall use a limited personal, non-exclusive, non-transferable licence to access and use the Service for only personal and non-commercial use, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular course or feature of our Services. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give You explicit permission to do so in a written agreement signed by Company’s authorized representative.
2.5. You are responsible for maintaining the security of your Website account, your username and
password. You are solely responsible in all respects for protecting the confidentiality of any password given to You
or selected by You for access to or use of the Website. Smart Education has no liability whatsoever on the security
of your account, username and password.
Your password may only be used by You personally and You must not share it with or transfer it to any third parties. You are solely responsible for any and all activities that occur under your password and account. You must notify (written by an e-mail or by other means of written communication) Company immediately of any unauthorised use of your password or any other breach of security regarding the Website which comes to your attention. Company shall not be liable for any loss that You may incur as a result of a third party using your password or account. However, You may be liable for losses incurred by Company as a result of someone else using your password or account.
2.6. In order for the Service and Products to function effectively, You must also keep your registration information up to date and accurate. If not, the accuracy and effectiveness of the Service and Products which You will get shall be affected. You agree and undertake to update your registration information in case any change occurs.
2.7. You are responsible for ensuring that your computer system meets all relevant technical
specifications necessary to use the Website, is compatible with the Website and is capable of running the Website
You must not attempt to interfere in any way with the proper working of the Website; in particular You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router, or any other internet connected device.
3) COMPANY’S RIGHTS AND OBLIGATIONS
3.1. We reserve the right to make changes on the Product and Services that are offered with the prices indicated in our Website and our mobile application, at any time without any notice to the User.
3.2. We will use all reasonable endeavours to ensure that the Services and Products of Website are provided continuously and not interrupted by any event within our control. We will notify you in advance of planned downtime.
3.3. Occasionally our Website shall contains typographical errors, inaccuracies, or omissions that may relate to pricing, promotions, offers, availability, and other content. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice and without any liability whatsoever to us.
3.4. Company may at any time, modify, suspend or discontinue the Website without any liability whatsoever. You agree and undertake that Smart Education shall not be liable to You for any suspension, discontinuance or modification.
3.5. Smart Education agrees and undertakes to perform completely in accordance with the qualifications stated in the order, deliver Products and Service in accordance with the standards of integrity and honesty, to act with due care and foresight, and to show the necessary care and attention during the performance of the work.
4) FEES & PAYMENTS
4.1. You need an account for most activities on our Website including to purchase an online
course. We offer different types of subscription that User shall choose the one that best meets its needs.
Your subscription to our Website shall start free of charge with a trial session with or without submitting your credit card or with a starting price. Special promotions may vary in terms of conditions, pricing and limitations.
4.2. During the Free Trial Period, You will be allowed to access some Service or Products of the
Website, designated and determined by Smart Education. At the end of trial session of 7 (seven) days or as otherwise
specified during sign-up, in case You have already submitted your credit card details at the beginning of the trial
session, your card will automatically be charged. You shall opt in for 1 (one) month, 3 (three) months, 6 (six)
months or 12 (twelve) months period of paid subscription to the Website.
Your subscription of paid service renews automatically and your credit card will be charged automatically at the end of your current subscription period and your subscription will, unless You cancel it, be renewed for the same period of time. Subscriptions do not expire during the subscription period due to non-use of the Product or Service.
You can opt out to renew the subscription at any time by within the profile section in the Website.
You agree and undertake that you are restricted to a one-time use of a Free Trial. Any attempt of subsequent use of a Free Trial may result in the immediate termination of your Subscription without any notice.
In case You cancel your subscription prior to the end of the Free Trial period, your credit card (if submitted) shall not be charged and You will no longer have access to the Subscription.
4.3. You agree to pay the fees for Service or Product that You purchase, and You authorize us to
charge your debit or credit card or process other means of payment for those fees.
4.4. You agree and understand that billing information, which You provide to make payment through Smart Education, namely your credit card information is processed by our partners-payment providers only. We do not collect, store or otherwise process your billing information. You agree that we are not responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of our partners-payment providers in addition to this T&C. You acknowledge that we may change our partners-payment providers and require them to transfer your information to other service providers that encrypt your information using security technology.
4.5. You accept and agree that in some instances, the prices of any Service or Product offered on the Website may not be exactly the same as the price offered on our mobile applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.
4.6. You agree not to use an invalid or unauthorized payment method. If your payment method fails and You still get access to the Service and Products You are enrolling in, You agree to pay us the corresponding fees wıithin two (2) days of notification from us. Smart Education reserves the right to disable access to any Products and Service for which we have not received adequate payments.
4..7 Any price changes shall be announced on Website and will not affect your existing subscriptions (so if You have a subscription for a certain price, price changes won’t affect your existing subscription, and will apply to any future and renewing subscription purchase).
4.8. As we have mentioned above, User shall use the Service and Products via Website or mobile applications. In case You use our Website, You shall purchase our Service and Products for a (1) month, a 3 (three) months, 6 (six) months, 12 (twelve) months or 24 (twentyfour) months basis with a single up front payment for the purchases outside of Turkey and on installment payment in Turkey in case User's credit card installment option is supported, if User shall not opted in for a month subscription and in case card sales, a gift voucher or any promotional code shall not been used. Those payments shall be done via payment service provider. In case You use our Website via mobile applications; You shall purchase our Service and Products for 1 (one) month, 6 (six) months or 12 (twelve) months basis with a single up front payment basis for purchases made all over the world.
5) REFUND POLICY & CANCELLATION
5.1. Cancellation You may cancel your purchase of a Product or Service and claim a refund within the first 14 days following your initial purchase. However, in case the execution of the Service or Product has been started with the User’s approval then, User shall not use his right of cancellation. By approving this T&C, User agrees and undertakes to be informed about the right of cancellation. In case there is a decrease in value of the Product or Service because of User’s own fault and if there is impossibility of return of the Product or Service then the user is obliged to compensate Company for its damages. If the User shall make a cancellation, The User shall not use the Product or Services and shall return the invoice to the Company.
5.2. Products and Services not available for cancellation User acknowledges that she or he shall not practice his right of cancellation for below mentioned:
i. Disposable products, prepared in accordance with the User's request or expressly for personal needs and not suitable for return,
ii. goods which are in danger of rapid deterioration or which are likely to expire;
iii. After delivery to the User; products that are unsuitable for health and hygiene in case their packaging is opened;
iv. products which shall be mixed with other products after delivery and which shall not be separated by their nature;
v. Except provided within a subscription agreement, periodicals goods such as newspapers and magazines
vi. According to the By-Law; immediate services in electronic environment, intangible goods delivered immediately, audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables unpacked by User.
5.3. All refund requests shall be made via e-mail to email@example.com
5.4. After we have received your refund request, a refund in the amount of your payment shall be made to the payment method used for to purchase the Subscription. It may take about 5 to 10 days to appear on your statement, if it takes longer please contact your bank for assistance.
5.5. You may also cancel your Free Trial at any time during the Free Trial period without any charge. To cancel your Free Trial You can send an e-mail request, along with your reason for cancellation to firstname.lastname@example.org. We will make reasonable efforts to process your cancellation requests within the legal time period.
5.6. You may cancel your Subscription via mobile application by cancelling your membership via your mobile settings. You shalll be able to use the account until the most recent period You paid for ends.
6.2 Smart Education shall not disclose user’s personal information transmited through the Website. Those informations include but not limited to User’s name, surname, mobile number, e-mail address.
6.3 User agrees and acknowledges that Company shall share User’s personal information with its subsidiaries and affiliated group companies within the scope of marketing activities such as promotional, advertising, campaign, announcement etc. Company shall use this personal information to determine customer profiles, to provide promotions and campaigns in accordance with customer profile, and to conduct statistical studies.
7) INTELLECTUAL PROPERTY
Except as expressly stated in these T&C, Company does not grant You any rights to or any Intellectual Property Rights or any other rights or licences.
All materials in Website including but not limited to content, text, images, software, audio and video files, documentation, and all other content of the Website are protected by national and international intellectual and industrial property rights, copyright, trademark and other intellectual property laws which are expressly reserved by Smart Education or, as the case may be, by the persons or companies who created them or hold the rights.
Therefore, it is forbidden to copy, market, alter, distribute or publicly communicate by any means or manners the entire contents of Website for any other purpose beyond the users’ legitimate need for the use of the Website.
You acknowledge that You do not own and shall not acquire any title, copyright or any other intellectual property rights in and to the Website and You shall not modify, translate, adapt or otherwise amend the same otherwise than in accordance with applicable law. Violation of these rights will be prosecuted in accordance with current legislation.
In case You become aware of any Intellectual Property Rights infringement or potential Intellectual Property Rights infringement involving the Products, Service or Website, You must inform us promptly.
8.1. You agree and undertake that Smart Education reserves the right, according to the
governing laws and regulations, at any time in its sole discretion to terminate, cancel, delay, or alter any format
of the Service and Product offered, or to cease providing any part or all of the Website content.
You also agree that We shall have no liability to You or to any third party in case;
ii. User infringes Intellectual Properties
8.2. If You no longer desire to participate in our Website, You may terminate your Subscription at any time. Paid Products or Services granted to You shall be terminated and You will no longer have access to your account and all information contained therein may be deleted. You agree and undertake that We have no liablity whatsoever in case such information may remain after your termination.
The Website, Service, Product, any information or content made available on or through Website are provided “AS IS” and “AS AVAILABLE” without warranty of any kind.
We do not warrant that our Website shall operate in an uninterrupted or error-free manner, that the Website is free of viruses or other harmful components, or that the courses or content provided shall meet your needs or expectations. We also make no warranty about the accuracy, completeness, timeliness, or quality of the Website or any courses or content, or that any partıcular courses or content will continue to be made available.
You agree to indemnify, defend and hold harmless Smart Education and its affiliates, partners, suppliers, and employees from any and all liability, claims, costs, or damages arising from your use of Website or the Services and Products or your breach of this T&C.
10) FORCE MAJEURE
In the event that any Party is unable to meet its obligations under this Agreement due to Force Majeure; the performance obligations of the Parties affected by the force majeure conditions shall be suspended to that extent for the duration of such event; provided, however, that the Parties shall make all reasonable efforts to continue to meet their obligations during the duration of the force majeure condition.
Any communication between Parties shall be made via Smart Education specified e-mail address on the Website and User’s e-mail address which has been given on a subscription form. In case User’s address has been changed, he or she needs to update his/her new address in 5 (five) days. Otherwise, all notifications made to the old address shall be deemed valid.
In the event of any dispute arising out of or relating to the T&C, User agrees and undertakes to consider Smart Education’s books, records and documents and computer records as an evidence according to the Law number 6100 and the User acknowledges to not object or dispute to these records.
13) DISPUTE RESOLUTION
All disputes arising out of or relating to these T&C shall be finally resolved by İstanbul (Çağlayan) Courts, if You are a Turkey resident. If You are not Turkey resident, disputes shall be resolved by arbitration before a single arbitrator mutually agreed by You and Smart Education.
If parties shall not agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be appointed by İstanbul Ticaret Odası upon the request of either party.
The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction.
14) GOVERNING LAW
These Terms shall be governed by the Turkish laws