Terms & Conditions

Last updated: August 2023

OVERVIEW

The terms “we,” “us,” and “our” refer to Creative Solutions With Ayse Ozalkan The term the “Site” refers to www.ayseozalkan.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

The services we provide include graphic design, online courses, digital products, website design, podcasts and blog and are referred to as the “Services”.

The following Terms of Use apply to all uses of www.ayseozalkan.com, including all content contained here and all online services offered by us. All customers, site visitors, and other users of the Site are subject to these Terms of Use. Please take the time to thoroughly read the Disclaimer, the Privacy Policy, and these Terms of Use as they include significant information about your rights and obligations. You confirm that you have read, comprehended, and agree with these Terms of Use, our Privacy Policy, and our Disclaimer by accessing the Site. Please stop using this site right away if you do not wish to be bound by these Terms of Use, our Privacy Policy, or our Disclaimer.

These Terms of Use are subject to change at any time. These changes take effect right away once we notify you by posting the revised Terms of Use on our website. You agree to these changes if you use the Site or Services after being informed of them. These Terms of Use may be updated at any moment, along with any other part of our site and services. On the pages of our Terms of Use, we shall list the effective dates and add the most recent versions to the website.

Your right to access and use this site will instantly end if you violate any of these terms of use.

USE OF THE SITE AND SERVICES

You are claiming that you are the owner of all content you make or submit to our Services, including comments, posts, pictures, images, videos, and other contributions, and that you are at least nineteen (19) years old by doing so.

By using our services and participating in our Facebook community, you give your agreement to the possibility of images, videos, and/or audio recordings including you, your voice, and/or your likeness being created. We reserve the right, in our sole discretion, to use any images, recordings, or other materials you submit to us in connection with your use of our current or future services, as well as our marketing or promotional initiatives, without having to pay you any money now or in the future.

You are not allowed to use or access the Site or Services in any of the following ways:

(a) if you are under the age of nineteen (19);

(b) in any way that makes it look as though they were made by you;

(c) in any way that is illegal, dishonest, or commercial; or (d) in any way that violates these Terms of Use.

(d) in an improper and/or unauthorised manner, such as altering, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or disseminating in any way or medium (including by email or other electronic means) any programme materials or other information accessed or purchased through our Services, or any other communications provided by us for your own personal use, business/commercial use, or any other purpose.

(e) in a way that infringes on our intellectual property rights, including copyright and trademark rights;

(f) in any way that interrupts, damages, or otherwise impairs access to the Services in any way. You are aware that all electronic communications and content transferred from your computer to this site, its content, and us are totally your responsibility;

(g) to cause annoyance, inconvenience, or needless anxiety;

(h) to impersonate any third party or otherwise mislead as to the origin of your contributions;

(i) to send, use, or re-use any material that is unlawful, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing on any intellectual property rights;

(j) to create a hyperlink to our website or any of our content that expresses or implies any sponsorship, endorsement, or ownership by you of our website or any of our content, or

(k) to frame or inline link any of our content without first receiving permission from us in writing.

ACCOUNT CREATION

You could be asked for personal information, such as your name, email address, username, password, and other details, in order to utilise the Services. You acknowledge that any registration data you provide to us must always be true, correct, and current. You must not use a different email address or account details than your own, or attempt to impersonate another individual. No unauthorised or unlawful use of your account is permitted. You must not break any laws in your country when using the Service.

LAWFUL PURPOSES

Only legitimate uses are permitted for the Site and Services. You acknowledge that all purchases made on the Site by you or anyone acting on your behalf will be your responsibility financially. You acknowledge that you will only use the Site and Services purchased via the Site for legal, non-commercial purposes. Any content that violates or infringes upon the rights of others, or that is threatening, abusive, defamatory, libellous, intrusive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, that contains harmful formulas, recipes, or instructions, or that otherwise encourages conduct that would be illegal, give rise to civil liability, or otherwise violate any law, is prohibited from being posted or transmitted through the Site.

PRIVACY

Our Privacy Policy also applies to your use of the Site. Please read our Privacy Policy, which also regulates the Site and lets visitors know how we gather and utilise their personal information. These Terms of Use now contain your consent to the Privacy Policy. Your privacy is something that we take very seriously. Please review our Privacy Policy, which describes how we gather personal data, how we use it, and your rights and obligations in relation to data acquisition.

DISCLAIMER

Your use of the Site is also subject to our Disclaimer. Please review our Disclaimer, which also governs the Site and informs users of various limitations regarding the information provided on the Site. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.

MATERIAL YOU SUBMIT TO THE SITE

Without the express written consent of the owner of the copyright, trademark, or other proprietary right, you may not upload, post, or otherwise make available on the Site any artwork, photos, or other materials (collectively, "Materials") that are protected by copyright, trademark, or other proprietary right. It is your responsibility to determine whether any Materials are not so protected. You are responsible for any damages caused by a submission that results from the infringement of any copyrights, trademarks, or other proprietary rights. You automatically represent or warrant, with respect to any and all Materials you submit to the Site, that you are authorised to use, distribute, and display such Materials, and that doing so will not infringe upon or otherwise violate any applicable laws, rules, regulations, or third-party rights.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS

Our Services are protected by copyright, trademark, and other intellectual property laws as the property of us, our affiliates, or our licensors.

Unless otherwise stated, we alone own or have a licence to all of the content in our Services, whether it be in full or in part, as well as any other intellectual property or property that belongs to us (the "Content"). The design, style, look, appearance, graphics, and any other elements of the materials we supply to you are all considered to be part of the Content. Other than in conformity with the copyright notice, which is a component of these Terms of Use, reproduction is not permitted.

You will be regarded as our licensee if you buy or use any of our Services. To be clear, you are only allowed a revocable, non-transferable licence for personal, non-commercial use. All Content you acquire through us is our property. This implies that you are not permitted to use our Services in a way that violates our rights or in a way that we have not authorised.

You have been given a constrained licence to use our services and content, but only under the guidance of us. This implies that when you buy a Service from the Site or another source, you are actually buying a restricted licence to use the Services under the terms and circumstances set forth in these Terms of Use.

Any trademarks, taglines, and logos that are visible on any Content are our own. All trademarks appearing on this site that are not ours or that we have obtained a licence to use are recognised on the page. Without our prior written consent or the licence granted below, any use, including framing, meta tags, or other language using these trademarks or any trademarks represented, is strictly prohibited.

The trademark indicia must always be present for any trademarks, taglines, or logos that you are allowed to use. You are not permitted to utilise any of our marketing materials, promotional items, service names, or other titles or information for any purpose without our prior written consent. We reserve all rights that are not explicitly granted in these Terms of Use or any other written licence.

As a licensee, you recognise that we invested a lot of time, money, and effort into developing our Services, and that you understand that this information is a priceless, special, and exclusive asset of ours that needs to be safeguarded from improper and/or unauthorised use.

REQUEST FOR PERMISSION TO USE CONTENT

The "Contact Us" form on our website or an email to [email protected] should be used to acquire written permission before using any of our Services, in whole or in part, or any other content that belongs to us.

We make it very clear that unless we have specifically authorised you in writing, you may not use our Services, in whole or in part, in any manner that is in violation of these Terms of Use.

If we provide you permission, you undertake to use the particular Content only in the ways we have specifically authorised in writing for you to use it.

You consent to being treated as if you have copied, duplicated, and/or stolen such from us if you choose to use the Content in ways for which we have not expressly granted you written permission. You also agree to immediately cease using such specific Content and to take any further actions that we may request, by the means and within the timeframes that we specify, to protect our intellectual property and ownership rights in our Services.

PURCHASES AND ONLINE COMMERCE

The provision of the Services is contingent upon our acceptance of your order or requests. Without having to give a justification, we have the right to decline service to any order, person, or company. Until payment has been received, we do not consider an order to be approved. Subject to meeting our prior obligations to you based on accepting your payment, we may at any time change or eliminate any component or feature of the Services.

If purchasing with a debit or credit card, you authorise us to charge that card automatically without further authorization for the Services, for which you will obtain an electronic receipt.

The Services will not continue if payment is not received by the due date, and we reserve the right to terminate your access instantly and permanently. If payment is not received by the due date, you will have fourteen (14) days to make the payment.

You still will be entirely responsible for the full cost of the Services even if you disregard our Terms of Use and fail to pay on time or voluntarily decide to stop using our Services at any time or for any reason.

Your name, address, method of payment, credit card number, and billing information are just a few examples of the data we may obtain during your purchase or transaction for our Services, along with any other information you provide. Both we and our payment processing company have the right to collect this data.

You agree to use credit cards and other payment methods solely for purchases of goods or services for yourself or for another person for whom you have acquired their express authorization to share their name, address, payment method, credit card number, and billing information. You acknowledge that all purchases made by you or anyone acting on your behalf will be your responsibility. You acknowledge that you may only use our Services for lawful, noncommercial reasons and not for any speculation, deception, fraud, or criminal activity.

All information gathered during your purchase or transaction and all information you provide as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company if you make a purchase from one of our affiliates or any other person or business through a link provided on or through our Services ("Merchant").

All participation, communication, and business dealings with any affiliate, person, or business on or through our Services, as well as all terms and conditions, representations, and warranties relating to payments, refunds, and/or delivery of your purchases, are solely between you and the Merchant. You acknowledge and accept that we are not responsible or accountable for any loss, damage, refunds, or other issues of any kind arising from your interactions with a Merchant.

Companies that handle payments and merchants might have different data collecting and privacy policies than we do. These autonomous policies of the merchants and payment processing firms are not our responsibility or subject to our liabilities. The extra terms and conditions of a payment processing provider, a Merchant, or us that explicitly relate to your purchase may also apply to certain transactions you make through our Services. Visit the merchant's website and click on the information links to learn more about the terms and conditions that might be applicable, or get in touch with the merchant directly.

You waive all claims you might have against us, our affiliates, our payment processing business, and Merchants resulting from purchases you make via or use of our Services or Site or its content.

ORDER CONFIRMATION

We will send you an email to confirm your order and to provide information on how the product will be delivered. You must let us know right away if there is a mistake with this email confirmation if there is one.

REFUND, CANCELLATIONS AND RETURNS

Due to the nature of digital products, our website templates are not returnable, and we are unable to issue refunds. Send us an email at [email protected] if you believe there is a platform compatibility problem or you need to move to a different site design. We will review your request individually.

We provide a return period for our programmes and courses, which is described on the sales page at the time of purchase. The terms for refunding, cancelling, or returning a purchase are described in detail on the sales page of the programme you are enrolling in.

You understand and agree to the refund policy, cancellation policy, and return policy by using and/or purchasing any of our Services.

NO GUARANTEES AS TO RESULTS

You acknowledge that we have not made any promises regarding the outcomes of taking any action, whether or not it has been suggested on the Site. To support users of our website in succeeding, we offer educational and informational materials. Despite this, you understand that whether you succeed or fail ultimately depends on your own actions, your specific position, and a host of other factors that are out of our awareness or control.

You also understand that past performance does not guarantee future success. There is therefore no assurance that you or any other person or business will be able to achieve results similar to those attained by others who have applied the ideas outlined in this Site, whether they were our clients or not.

THIRD PARTY RESOURCES

Links to external websites and information are present on both the Site and the Services. You understand and accept that we are not accountable or responsible for the accuracy, policies, or other aspects of third-party websites or resources. Links to these websites or other resources do not mean that we support or are affiliated with them. You accept full responsibility for using any such websites or resources and all associated risks.

ADVERTISING AND PROMOTION

A promotion that is advertised on the site or through the services is dependent on stock and is not a guarantee of availability. We reserve the right to alter, change, extend, or discontinue any promotion without giving the public prior notice.

Additionally, we reserve the right to refuse, accept, or delete any advertising from the Site or Services at any time for any reason, including those that may have a detrimental impact on users or that may promote ideas that are at odds with our guiding principles.

FEEDBACK

If you give us input or recommendations about the Site or Services (collectively, "Feedback"), you hereby grant us all rights in such Feedback and agree that we are free to utilise, fully exploit, and make commercial use of such Feedback and all connected information.

You agree not to submit any material or ideas that you believe to be confidential or proprietary as feedback since we will treat them as non-confidential and non-proprietary.

LIMITATION OF LIABILITY

The accuracy, completeness, reliability, currentness, or error-freeness of the information supplied on the Site, regardless of its source, is not guaranteed by us in any way. Regardless of the information's source, we disclaim all responsibility for any inaccuracy, mistake, or incompleteness in the site's or services' content.

You acknowledge and agree that we shall not be responsible or liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or other damages resulting from your use of the Site or Services. In addition, we are not responsible for any losses related to

(i) any performance issue, mistake, omission, denial-of-service attack, interruption, deletion, flaw, delay in operation or transmission, computer virus, or line or system failure;

(ii) a loss of income, projected profits, business, savings, goodwill, or data;

(iii) any theft, destruction, unauthorised access, alteration, or use of your data or property by a third party, regardless of our negligence, willful misconduct, or failure to fulfil a material obligation, and regardless of whether such liability arises from negligence, a breach of contract, a tort, or any other theory of legal liability. The aforementioned is true even if we were aware of the possibility of the damages or could have predicted them. If you have not made a purchase from us, our cumulative liability to you is limited to £100 and in no instance will it exceed the total cost of the service you have purchased from us.

INDEMNIFICATION

In the event that you violate any of these Terms of Use or use the Site or Services in any way, you agree to indemnify us and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including without limitation, attorney's fees. In connection with any such defence, you are required to give us any help we may need, free of charge. This includes, but is not limited to, giving us access to your records, documents, and information that we believe necessary. Without our prior written approval, you are not permitted to resolve any third-party claims or waive any defences.

EFFECT OF HEADINGS

The paragraph and subparagraph subject titles in these Terms of Use are presented merely for convenience and have no bearing on how the provisions should be construed.

ENTIRE AGREEMENT; WAIVER

All past and contemporaneous agreements, representations, and understandings between you and us are superseded by these Terms of Use, the Disclaimer, and the Privacy Policy, which together make up the entire agreement between you and us relating to the Site and Services. No waiver by us of any provision of these Terms of Use shall be deemed to be a waiver of any other provision, whether or not comparable, and no waiver shall be deemed to be continuing. Any waiver must be signed in writing in order to be effective.

NOTICES

Under these Terms of Use, all notifications, demands, and other communications must be made in writing and addressed as follows:

E-mail Address: [email protected]

DISPUTE RESOLUTION

If there is a disagreement over these Terms of Use, the parties shall make good faith efforts to address it through consultation.

Any or all lingering issues must be submitted to mediation with the assistance of a neutral mediator who is jointly chosen by the parties if the dispute is not resolved within a reasonable amount of time after one party gives the other notice of the referral. Either party may request arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the "BCICAC") if the dispute cannot be resolved within thirty (30) days of the mediator's appointment, or within any other time frame specified in writing by the parties. The BCICAC will be the appointing authority, and it will handle the case in accordance with its rules.

GOVERNING LAW

The laws of the Province of British Columbia shall govern these terms of use and be followed in their interpretation.

SEVERABILITY

The remainder of the Terms of Use shall remain in full force and effect and shall not in any way be affected, impaired, or declared invalid if any term, provision, covenant, or condition of these Terms of Use is determined by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable.

ASSIGNMENT

These Terms of Use bind and benefit the successors and assigns of the parties. You may not transfer these Terms of Use by assignment, delegation, sublicense, or any other means. You are not permitted to transfer, assign, delegate, or grant a sublicense.

QUESTIONS

Please email us at [email protected] if you have any issues regarding any of the terms of these Terms of Use.

Many thanks.