İngilizce Eğitimi | Cowboy English

MEMBERSHIP AGREEMENT

1. Parties and Definitions

1.1. This Membership Agreement (“Agreement”) is executed between Cowboy English Education LLC (“Platform”) and the user who registers as a member of the Platform (“Member”).
1.2. The "Platform" refers to an online education system that provides one-on-one English lessons, as well as services such as a support team, direct communication with instructors, and an educational library.
1.3. The "Member" refers to an individual or entity that registers on the Platform and utilizes its services after accepting this Agreement.
1.4. The Platform's address is: United States 8 THE GREEN, SUITE D DOVER Delaware 199011.Contact details:
Email: support@cowboyenglish.com
Website: www.cowboyenglish.com

2. Services of the Platform

2.1. The Platform provides one-on-one online English lessons. Each lesson lasts 40 minutes and is conducted via Zoom or similar online platforms.
2.2. The Platform offers an educational library to students, including PDF materials and interactive content. Members can use these materials during and outside of lessons.
2.3. Members have the opportunity to communicate directly with the support team and instructors during and outside of lessons.
2.4. The management has access to all sections of the Member's account (including conversations with instructors) and may share this information with authorized units to improve the service or resolve issues as needed.

3. Membership Types and Packages

3.1. Packages and pricing are updated periodically, and Members are responsible for regularly checking the information in the "Pricing/Packages" section and acting accordingly before making a purchase. The price and package information seen at the time of purchase reflects the most current terms and conditions.
3.2. There is no renewal option; the service automatically stops when the package expires. The validity period of each package is specified in the package details, and Members are responsible for reading and understanding these periods.
3.3. If a Member accidentally deletes their account, it cannot be reactivated.
3.4. When a package expires or its validity period ends, the relevant package is considered complete.
3.5. The Platform reserves the right to update this Agreement without prior notice. Changes to the Agreement will be effective from the moment they are published on the Platform.

4. Fees, Payment Terms, and Refunds

4.1. Fees are determined based on the selected package and are displayed on the Platform.
4.2. Payments can be made via credit card through the Platform’s authorized online payment provider or as a lump sum to the Platform’s corporate bank account.
4.3. The Platform reserves the right to modify prices and package content.
4.4. Cancellation and refund rights do not apply to services performed instantly in an electronic environment. However, in line with our unconditional customer satisfaction policy, you may cancel your package and receive a refund within 14 days of purchase if you are not satisfied with our products and services, subject to certain conditions. Cancellation requests submitted after 14 days will not be accepted.
4.5. Refunds for incomplete lessons are available but are subject to a 35% deduction for mandatory expenses and legal fees. Refunds will be processed within 14 days of the request being submitted. The time for the refund to reflect in your account depends on your bank’s or payment provider’s procedures.

5. Lesson Scheduling

5.1. After purchasing a package, Members log into the platform panel and select instructors to make reservations. Reservations can be made for no sooner than 2 days after the current date.
5.2. The selection of lesson days and times depends on the number of weekly lessons included in the package.Members should be aware of this information before purchasing and make selections accordingly. Students' weekly lesson rights are limited to their packages. After using their postponement rights and exhausting their lesson rights for the week, they can only book additional lessons starting from the following week.
5.3. Members can choose between fixed and daily reservation types. For daily reservations, only a single one-time reservation can be made for 1 credit, and once this reservation is completed, the instructor will be removed from the program. In the fixed reservation type, all credits will be used for the selected instructor and specified days and times.
5.4. Students can change their instructors/programs 2 weeks after the reservation in the fixed program or immediately after completing their current reservations in the daily program.
5.5. Changes in lesson times and days may occur when changing instructors. Various instructors have different availabilities. However, the Platform does not guarantee the exact and one-to-one matching availability of any particular instructor.
5.6. Public Holidays: There is no obligation for student or instructor participation on public holidays. Lessons can be held if both parties are available. Credits will not be negatively affected on public holidays.
5.7. Lessons are scheduled between 07:00 AM and 11:50 PM.
5.8. The reservation button for the lesson will remain active for 10 minutes before the scheduled time and 10 minutes after the start time. You are required to click the button at the start time of the lesson.

6. Right of Cancellation and Possible Lesson Misses

6.1. Students have the right to cancel a certain number of lessons depending on their package (students are required to read and accept this information when purchasing the package). If the cancellation rights are exceeded, the cancellations made for reservations will be counted as completed lessons.
6.2. Instructors have the same and equal number of cancellation rights as students.
6.3. Students are required to attend lessons on time; the "Join Lesson" button will be active 10 minutes before the lesson and 10 minutes after the lesson starts, after which it will close. Instructors will only wait for 10 minutes, and if a lesson is missed or not attended, the student's cancellation right will be deducted, and if the cancellation rights are exceeded, the cancellations will be counted as completed lessons.
6.4. Instructors must attend lessons on time. If a lesson is missed or not attended, the instructor's cancellation right will be deducted.

7. Attendance and Participation Page

7.1. Students can track their remaining credits for the purchased package at the top section of the panel.
7.2. They can track upcoming or past lessons by entering the "My Lessons" section.

8. Freezing

8.1. To use their freezing rights, students need to click on their profile and go to the "Freeze Account" section.
8.2. Members have lesson freezing rights depending on the package they choose. These rights are specified within the package, and the Member is responsible for checking and complying with these rights.
8.3. To resume using the account during the freezing period, the selected duration must be completed; it cannot be resumed earlier.
8.4. All existing reservations will be canceled.
8.5. Members who want to resume lessons must take the necessary steps immediately from their panel.
8.6. Members who have used their freezing rights must rearrange their programs to resume; the old program/instructor may not be available at the end of the freezing period.
8.7. Members must ensure that the freezing period does not exceed the package validity period; otherwise, the package will be considered complete.

9. Support and Communication

9.1. Complaints and comments regarding the instructor and process should always be shared with the Platform. The institution provides flexible solutions with its special support and resolution team.
9.2. If there is any dissatisfaction, the student must immediately share it with the Platform; without notification, the Platform may not be aware of the issue.
9.3. Members can seek solutions by submitting complaints and support requests to the WhatsApp support line.
9.4. The official and primary communication method of the Platform is through email.
9.5. The institution may communicate with students and instructors seven days a week until midnight (00:00).

10. Free Trial

10.1. In trial lessons, students are introduced to various instructors. During this process, they can learn about different methods and ask various instructors questions about topics they are curious about.
10.2. Depending on availability and suitability, students are offered the opportunity for a total of 30 to 45 minutes of estimated free meetings with 2 or 3 instructors, each lasting approximately 15 minutes.
10.3. Each platform has a limited number of free trial rights. If a student does not find any of the instructors suitable during the trial lessons, another free trial request may be considered.
10.4. A free trial is not an absolute right; it is evaluated based on demand when you apply. In rare cases, your request may be denied due to reasons such as potential abuse by the member, lack of genuine interest, or if the applicant is a minor.
10.5. Only educational conversations are allowed during the free trial. Job offers or personal interactions that disturb the instructors are not permitted.
10.6. Only the student should participate.

11. Earning Free Lessons

11.1. To benefit from this service, the member must first purchase a package.
11.2. To benefit from this service, the member must share their unique code in detail with the interested person when entering the "Earn Free Lessons" page.
11.3. The person who enters the code must also purchase a package.
11.4. If the person applying the code enters the wrong code, the platform may not recognize the code and may not offer a free lesson.
11.5. Only the number of free lessons specified within the campaign is offered; the content of the campaign may change at any time.

12. Technical Requirements

12.1. To use the Platform, members must have a stable internet connection and a headset with a microphone.
12.2. The Platform checks the instructors' internet connections; however, it is not responsible for issues arising from the members' technical infrastructure or any lessons missed due to these issues.
12.3. Students are advised to attend lessons via a computer.

13. Lesson Content

13.1. The lesson content will be determined by you based on the information specified in the registration form.
13.2. One-on-one private lessons will be entirely customized to address the student's individual needs and areas for improvement, collaboratively developed with the selected instructor.
13.3. The student is expected to cooperate with the chosen instructor in this regard.
13.4. The right to change lesson content belongs to the student and can be made in consultation with the instructor.

14. Homework

14.1. The instructor may assign homework to the student, and each homework assignment has a deadline.
14.2. If you exceed this deadline, the instructor has the right not to review the homework.
14.3. The decision to do or not do homework rests with the member.
14.4. You can access homework by entering the bar section on the student panel.

15. Member Obligations and Conduct Rules

15.1. Members must not make negative comments about others' nationality, religion, or ideology or use threatening language.
15.2. Both parties are required to communicate respectfully and courteously.
15.3. Members must use the Platform exclusively for educational purposes and limit chat discussions to lesson-related topics.
15.4. Members are prohibited from sending non-educational messages to instructors, engaging in discussions on controversial topics such as religion or politics, or exhibiting bullying or mocking behavior.
15.5. Members cannot pressure instructors to change their methods or demand constant written communication.
15.6. Members must not request personal information from instructors, such as their last name, nationality, or educational certificates.
15.7. Selling goods or services on the Platform is prohibited. Members cannot offer jobs to instructors or communicate with them through external channels like WhatsApp, Instagram, or email.
15.8. Cowboy English is an educational platform. Any behavior violating Platform rules will result in immediate termination of access without refund rights.

16. Duration and Termination of the Agreement

16.1. This Agreement will continue from the time the member checks the box until they close their membership.
16.2. If the Member violates the terms of this Agreement, the Platform reserves the right to terminate the membership immediately and not issue a refund.
16.3. In any package purchase, the member accepts the most current terms of the package.
16.4. By accepting this Agreement, the student cancels all other agreements made with the platform and will keep only this Agreement active.
16.5. If the Platform suspects that the member is adding credits to their account through misuse and fraud in the system, the account will be frozen until technical investigations are completed. If the results are positive, a lawsuit will be filed against the member under the anti-fraud law. If the results are negative, the account will be reactivated.

17. Dispute Resolution and Jurisdiction

17.1. Resolution of Claims Against Cowboy English Education LLC Through Binding Individual Arbitration: Any dispute or claim arising out of or related to this Agreement shall be resolved through binding individual arbitration without being brought to court.
17.2. Waiver of Right to File a Lawsuit or Request a Jury Trial: The Member explicitly waives the right to file a lawsuit in court or have any claim reviewed by a jury.
17.3. Waiver of Class Action or Representative Lawsuit: The Member waives the right to initiate or participate in any class action, group lawsuit, or representative proceeding against Cowboy English Education LLC. All disputes shall be resolved individually.
17.4. Good Faith Negotiations: Any disputes arising under this Agreement shall first be attempted to be resolved through good-faith negotiations between the parties.
17.5. Jurisdiction for Unresolved Disputes: If the parties fail to reach an agreement, the dispute shall be resolved by the courts and enforcement authorities of the State of Delaware, United States.
17.6. Irrevocable Acceptance of Delaware Jurisdiction: By accepting this Agreement, the Member irrevocably agrees to the jurisdiction of the courts in Delaware and acknowledges that all costs and responsibilities arising from such legal proceedings shall be borne by the Member.
17.7. Governing Law: Disputes shall be resolved under the laws of the State of Delaware.
17.8. Allocation of Legal Costs: All legal expenses, including attorney fees and court costs, shall be borne by the party found at fault as a result of the proceedings.

18. Force Majeure and Liability Disclaimer

18.1. The Platform strives to provide a safe and inclusive learning environment but does not have control over the interactions between members and instructors.
18.2. The Member acknowledges that lessons may be partially disrupted due to unforeseen circumstances, such as health issues or technical problems on the part of the instructor. In such cases, immediate solutions, makeup lessons, or instructor changes will be provided.
18.3. The Platform does not guarantee success in exams, job interview results, or similar outcomes. The educational process depends on the efforts of both the student and the instructor.
18.4. In the event of force majeure, such as natural disasters, pandemics, wars, acts of terrorism, government interventions, cyberattacks, or other rare and unforeseen events, the Platform may temporarily suspend or alter its services. The Platform cannot be held liable for losses arising from such circumstances.
18.5. The Platform is not responsible for any physical, psychological, technical, or other rare risks users may encounter. Users acknowledge and accept responsibility for any potential risks or incidents that may occur during online lessons or while using the Platform. The Platform does not provide insurance for such events, and users are responsible for taking their own precautions against these rare risks.
18.6. The Member agrees and undertakes not to hold the Platform liable for any material or moral damages and to refrain from filing any claims or lawsuits in this regard.

19. Intellectual Property Rights

19.1. All content, technical systems, designs, and materials on the Platform are the intellectual property of the Platform. Unauthorized use, copying, or distribution will result in legal action.
19.2. Individuals producing unauthorized content about the Platform, promoting it on other sites without permission, or using our brand name or trade name without authorization will be subject to immediate legal action.
19.3. By registering on the Platform, every member agrees and undertakes not to engage in such activities.

BY USING THE PLATFORM OR ACCESSING ANY SERVICE PROVIDED ON THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS INCLUDES, WHERE APPLICABLE, THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE PLATFORM OR ACCESS ITS SERVICES.