Last Updated: June 27, 2020
This Agreement contains the terms and conditions that apply to an individual's or an entity's participation in the Helpviser membership. (Membership) and it govern your and our respective rights and obligations.
Together with the below linked terms and notices (collectively, these "Terms"), they constitute the agreement between you and us related to your membership on the Helpviser.com website (the "Helpviser Website"). Please read these Terms carefully.
In this Agreement, "we", "our", "us", and "Helpviser.com" mean Oiltek Engineering Co. Ltd. and "you" or "your" means you the member, customer and the visitor.
Member: It refers to those who use its own portal on the website by passing this contract and paying fee.
Customer: It refers to those who use the website by passing this contract but without paying fee.
Visitor: It refers to those who can visit only the public content on website without membership.
Fee: The amount of payable for membership.
Your participation in Membership is governed by this Membership Agreement, Terms and Conditions, policies, guidelines, and other information on the Helpviser.com website, each of which may be modified from time to time.
In the event of any conflicts between any of this information, the terms of this Agreement controls your participation.
The provisions of this agreement except the fees shall also apply to Customers.
a. Membership fees, models and duration
The current membership fees, the available membership models and duration of the Service are stated here. If you sign up for your membership through us, you will find details about the membership model you are subscribed to, the applicable fee and the next due date in your account.
Payments for Helpviser Subscription has two period types: monthly and annually. The subscription fee is $15 monthly and $150 annually. You can change your payment period anytime from your billing settings. The new selected payment period will start at the end of your already paid period.
The membership fee is non-refundable except as expressly set in the 4th article of this contract.
b. Membership Application
In order to apply for the membership, you must submit a complete Membership application, available here, We will evaluate your application and notify you via email of its acceptance or rejection (which is in our discretion).
c. No transfer or assignment of membership or benefits
You are not able to transfer or assign your membership or benefits, as expressed in this contract.
Only credit card may be used for the payment of membership fees. We work with Iyzico on your payments.
Your membership is billed by us and your applicable periodic membership fee is automatically charged to your credit card unless you notify before the next due date or end your membership at this date or cancel your membership in your Helpviser account.
Helpviser is not responsible for any taxes payable and other fiscal liabilities that may arise from membership fees.
4. 14-Day Right of Withdrawal
If you pay your membership fee to us as soon as you joined Helpviser.com, you may withdraw within 14 days. If neither you nor anyone authorised by you to use your account has taken advantage of any benefits in the current membership period, we will refund this membership fee in full.
The membership fee is non-refundable except as expressly set in this article. To withdraw within the 14-day period, please contact customer service. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
5. Operating Requirements
Detailed requirements of the membership are contained in the sign up page. Failure to comply with any of these requirements contract termination may arise, as explained in the Terms and Conditions.
We may reject any request you send to us that is defective, not ordered or not properly registered with the membership or otherwise fails to meet the requirements specified in the Terms and Conditions.
7. License and Representation
The content and data provided by the members and consumers may be shared with third parties in order to improve the service by considering the personal benefits, in accordance with explicit consent and pursuant to the KVK and GDPR. The data shared in the public domain of the website will be considered to be public and these data will be shared by us without explicit consent.
By submitting, posting or displaying User Content which is intended to be available to the general public, You grant Helpviser a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Helpviser Services. Helpviser will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Site.
You agree to indemnify, defend, and hold harmless Helpviser.com, its affiliated companies, and their respective officers, directors, employees, and agents against any claim, loss, damage, judgment, settlement, cost, expense, or other liability (including, without limitation, attorneys' fees) arising from or related to (a) the Services; (b) your alleged breach of any representations or warranty contained in this Agreement;or (c) any content you provide. You will use counsel reasonably satisfactory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at your reasonable expense and without affecting your indemnification and hold harmless obligations.
During the course of your membership, you may receive information relating to Helpviser.com that is not known to the general public ("Confidential Information"). Confidential Information includes, without limitation, information relating to services under Membership. You agree that (a) all Confidential Information will remain Helpviser.com's exclusive property; (b) you will use Confidential Information only if it is reasonably necessary for your participation in membership; and (c) you will not disclose Confidential Information to any individual, company, or other third party.
You may not issue any press release or make any public statement related to membership, or use the name, trademarks or logo in any way (including in promotional material) of Helpviser.com or any of its affiliates without our advance written permission, or misrepresent or embellish the relationship between us in any way.
We reserve the right to change any part of this agreement, including the Terms and Conditions, policies, guidelines, or other information on the site, at any time and in its sole discretion. Any changes will be valid upon posting a change notice or a new agreement on our website or in your account page. You are responsible for reviewing the new agreement and any applicable changes or notices. AFTER ANY CHANGES TAKE PLACE LIKE STATED ABOVE, YOUR CONTINUATION OF THE MEMBERSHIP AMOUNTS TO THE ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, YOU MUST TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 13.
If any change is found invalid or for any reason unenforceable, that change will be severable and does not affect the validity and enforceability of any remaining changes or conditions.
a. Commencement: The term of this Agreement begins when you receive your notice of acceptance into Membership of Helpviser.com and ends when terminated by either party.
b. Termination by you: You may terminate this Agreement at any time, with or without cause, by giving us written notice of such termination. Your termination will be effective within 30 days from the date we receive your written notice. You must continue to accept, confirm, and fulfill all orders that we send to you prior to the effective date of termination.
c. Termination by us: We may terminate this Agreement at any time, with or without cause, by giving you written notice of such termination, which is effective immediately (or on a later date as specified in the notice).
We will terminate this agreement if you try to find holes on the dashboard, try to hack us, publish a content which is not related to your product to get backlinks or indexing, use the website for gambling and betting activities, pornography and publlishing offensive or illegal contents. In this case, our legal rights are reserved.
The Terms and Conditions shall also apply.
13. Relationship of Parties
You and Helpviser.com are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise,sales representative, or employment relationship, or any kind of exclusive relationship, between the parties.
14. Limitation of Liability; Disclaimers
We are not liable for indirect, special, or consequential damages or any loss of revenue, profits, or data arising in connection with this Agreement or membership, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and membership will not exceed, at any time, the total amounts paid to you under this Agreement during the membership period.
We are not responsible for keeping members’ data and backuping. We are also not responsible for data loss and damage of the user content as a result of hacking of the website by unauthorized persons entering personal computers or computers and networks of various institutions and organizations.
The Terms and Conditions shall also apply.
15. Force Majeure
Neither us nor you shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
If a Party wishes to claim protection in respect of an Event of Force Majeure, it shall, subject to claus, as soon as possible following the occurrence or date of commencement of such Event of Force Majeure, notify the other Party of the nature and expected duration of such Event of Force
Majeure and shall thereafter keep the other Party informed until such time as it is able to perform its obligations. The Parties shall use their reasonable endeavours to:
(i) overcome the effects of the Event of Force Majeure;
(ii) mitigate the effect of any delay occasioned by any Event of Force Majeure, including by recourse to alternative mutually acceptable (which acceptance shall not be unreasonably withheld by either Party) sources of services, equipment and materials; and
(iii) ensure resumption of normal performance of this Agreement as soon as reasonably practicable and shall perform their obligations to the maximum extent practicable, provided that neither Party shall be obliged to settle any strike, lock out, work stoppage, labour dispute or such other industrial action by its employees.
a. Choice of Law: This Agreement is governed by Turkish laws. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Turkiye,
b. Assignment: You may not assign this Agreement, by operation of law or otherwise,without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns.
c. No Waiver: Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.
d. Notices: We will send all notices and other communication to you at the e-mail address you listed in your membership application or, where applicable,via your Account Maintenance page. You must send all notices and other communication relating to membersip to us by using the Contact Us form, available on any page in your membership account, or at www.hepviser.com
e. Severability: If any provision of this Participation Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.