Health Professional Platform Usage Agreement

5.9. The HEALTH PROFESSIONAL will use the platform carefully, avoiding any behavior or practice that may harm the platform and the computer and software systems of third parties using the platform through him/her. The HEALTH PROFESSIONAL accepts and undertakes that he will refrain from any action that is likely to directly and/or indirectly damage the systems and applications he accesses within the scope of the authorities granted to him, that he will not upload documents that will disrupt or disrupt the accessibility, integrity and confidentiality of these systems and applications, that he will not run harmful scripts, and that he will not take any automatic and/or manual action with any third party software.

5.10.During the provision of remote healthcare services, the platform will be able to provide access to the HEALTH PROFESSIONAL's camera and microphone. Since the performance of the service will not be possible if the HEALTH PROFESSIONAL does not grant this access permission requested by the platform, the platform reserves the right not to initiate the remote health service or to terminate the initiated service in accordance with the Regulation. The PLATFORM OWNER is not responsible for any damages to the HEALTH PROFESSIONAL that may occur for this reason.

5.11. HEALTH PROFESSIONAL; He accepts, declares and undertakes that he will not use the platform for purposes other than its purpose. The Platform will not be used in any way or under any circumstances to disrupt public order, violate public morality, disturb or harass others, for an unlawful purpose, or to infringe on the intellectual and copyright rights of others. HEALTH PROFESSIONAL; will not engage in any activity that prevents or makes it difficult for others to use the platform; Do not use slang, insulting, racist, discriminatory, offensive, harassing, etc. in your written and/or any communication on the platform. will refrain from using unlawful expressions; undertakes not to post content that criticizes or disparages another user, pornography, violence, or advertising or promotion of any product or service. 

5.12. The HEALTH PROFESSIONAL accepts and undertakes not to access, use or share with third parties the non-public data and information of other users and clients without permission. Otherwise, any legal, administrative and criminal liability that may arise belongs to the HEALTH PROFESSIONAL.

6- RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. Rights and Obligations of Health Professionals

6.1.1. SAĞLIK PROFESYONELİ,danışanların uzaktan sağlık hizmeti alma ve/veya yüz yüze randevu taleplerini karşılamak için üyelik süresi dahilinde mümkün olan en fazla gün ve saat çeşitliliğine sahip bir çevrimiçi bir takvim oluşturmayı ve bu çevrim içi takvimi danışanların erişimine açık tutmayı kabul ve taahhüt eder.

6.1.2. SAĞLIK PROFESYONELİ, Yönetmelik gereği uzaktan sağlık hizmeti sunmaya başlamadan önce niteliğine uygun düştüğü ölçüde sunacağı hizmetin mahiyeti ve sonuçları hakkında danışanı bilgilendirmekle yükümlüdür. THE PLATFORM OWNER is not responsible for any damages that may arise in case of violation of this obligation.

6.1.3. For remote health service delivery, the client must allow access to the platform's camera and/or microphone. HEALTH PROFESSIONAL; In case the client refuses to allow access despite informing the client on this issue and/or audio and/or video cannot be transmitted between the parties due to reasons not caused by the HEALTH PROFESSIONAL, the client has the right not to start the remote health service or to terminate the service that has started. The PLATFORM OWNER is not responsible for the failure to perform the service if the client does not allow access to the camera and/or microphone, or if audio and/or video cannot be transmitted between the parties due to technical malfunctions and/or deficiencies caused by the client and/or the HEALTH PROFESSIONAL. 

6.1.4. While making an appointment on the platform, the client must provide T.R. TR ID Number/YKN/Blue Card Number, Name, Surname, Date of Birth information, telephone number and e-mail address information provided in accordance with the ID Card information can be used by HEALTH PROFESSIONALS within the scope of providing health services. If the HEALTH PROFESSIONAL is in doubt about the identity of the client, the client must verify the identity information provided to him/her within the scope of the performance of the service; He/she may request that his/her official identity document be shown to him/her via camera. If this request is not fulfilled, the HEALTH PROFESSIONAL has the right not to start the remote health service or to terminate the service that has started. The PLATFORM OWNER is not responsible for any damages or legal, administrative or criminal sanctions that may arise if the HEALTH PROFESSIONAL continues to perform the service without the necessary verification despite the identity of the client being in doubt.

6.1.5. If the HEALTH PROFESSIONAL wishes, he can create a manual appointment through his own private portal in order to provide remote health services to his clients through the platform. In manual appointments to be created, the Client's TR ID Number / YKN / Blue Card Number, Name, Surname, Date of Birth information, telephone number and e-mail address information will be provided by the HEALTH PROFESSIONAL. The HEALTH PROFESSIONAL accepts and undertakes that he/she has provided this information in accordance with the patient privacy and Personal Data Protection legislation and the Regulation. In order to complete the manual appointment creation process, the accuracy of the Client's information must be confirmed through MERNIS. THE PLATFORM OWNER is not responsible for any damages that may arise if an appointment cannot be made due to errors and/or omissions in this information. 

6.1.6. Information regarding the manual appointment created by the HEALTH PROFESSIONAL and the link where the remote health service will be provided will be sent by the platform to the Client's phone number and/or e-mail address. In order to receive remote health services through the platform, the Client must accept the terms of the "Client Platform Usage Agreement" and provide the appropriate technical equipment and infrastructure by granting the necessary permissions for the performance of this service. The PLATFORM OWNER is not responsible for any damages that may arise if the appointment does not take place due to the Client for whom a manual appointment has been made not accepting the terms of the contract, not granting the necessary permissions for the performance of the remote health service (access permission to microphone and camera, etc.) and not being able to provide the appropriate technical equipment and infrastructure.   

6.1.7. The HEALTH PROFESSIONAL is responsible for ensuring patient privacy and is obliged to inform the client if there is a third party who can see and/or hear the conversation with the client during the performance of the remote health service. To the aforementioned third party concept; interpreter, another healthcare professional, medical secretary, etc. Persons who contribute to the performance of the service are also included. THE PLATFORM OWNER is not responsible for any damages or legal, administrative or criminal sanctions that may arise due to failure to provide this information.

6.1.8. In accordance with the Patient Privacy and Personal Data Protection legislation and the Regulation, it is prohibited to record audio and/or images and take photographs during the performance of remote health services without the express consent of the HEALTH PROFESSIONAL and the client. The PLATFORM OWNER is not responsible for any damages or legal, administrative or criminal sanctions that may arise in the event of audio and/or video recording or photography using off-platform means without the express consent of one of the parties.

6.1.9. The HEALTH PROFESSIONAL can create an e-prescription or e-report on behalf of the client using the identity information provided to him/her within his/her authority, and can access the e-Pulse information of the client within the scope of the approval given; can transfer medical diagnosis and diagnosis information to e-Nabız. 

6.1.10. The HEALTH PROFESSIONAL declares, accepts and undertakes that all services and procedures to be carried out within the scope of this contract will be provided by him/herself. The materials required for the performance of the service will be provided by the HEALTH PROFESSIONAL. Except for those offered abroad in accordance with the Regulation, the use of any medical device other than the medical devices registered by the Turkish Medicines and Medical Devices Agency cannot be allowed for clients receiving remote health services. THE PLATFORM OWNER is not responsible for any damages or legal, administrative or criminal sanctions that may arise in case of violation of this obligation.

6.1.11. HEALTH PROFESSIONALS can organize events and trainings through their special portal; By announcing these events and trainings on the platform homepage and profile, it can enable clients to purchase the relevant service. The HEALTH PROFESSIONAL declares and accepts that the content of these events and trainings, as well as all the thoughts and contents he shares on the platform, as well as the advice and guidance he gives, completely reflect his own views. THE PLATFORM OWNER is not responsible for any damages or legal, administrative or criminal sanctions that may be incurred by either the HEALTH PROFESSIONAL or third parties due to the activities, training, thoughts, content, recommendations and/or guidance in question being contrary to the current legislation and/or any other reason.

6.1.12. HEALTH PROFESSIONAL, that there are no restrictions in the agreements and that the PLATFORM OWNER is in compliance with Article 6.2.4 of this agreement. Provided that its rights in the article are reserved, it has the right to provide remote health services through the platform to the companies, institutions and/or organizations with which it and/or the health facility it is affiliated have an agreement with, at the rates and/or examination fees they have agreed upon. However, agreements made by the PLATFORM OWNER with various companies, institutions and/or organizations on behalf of the platform; Services to be provided outside the platform will not be valid for the HEALTH PROFESSIONAL and the health facility to which he/she is affiliated.

6.1.13. THE HEALTH PROFESSIONAL has the right to refuse to provide remote health services at discounted rates within the scope of the agreements made by the PLATFORM OWNER and is obliged to submit a request for exemption from the agreement through a written application to the PLATFORM OWNER within 7 (SEVEN) DAYS following the notification of any agreement. If the HEALTH PROFESSIONAL later requests to provide services within the scope of this agreement, the PLATFORM OWNER has the right to reject this request.

6.1.14. HEALTH PROFESSIONAL may request that the coupon codes created by the PLATFORM OWNER on behalf of the platform be specific to the service he/she will provide. The HEALTH PROFESSIONAL also has the right to inform the PLATFORM OWNER and to create limited-time coupons for a specific client, client group and/or all clients on behalf of the platform. The right to issue a coupon on behalf of a specific client is limited only to the next appointments of clients whose appointments the HEALTH PROFESSIONAL is late for or cancels. A coupon cannot be issued on behalf of the same client more than once in the same month or for two consecutive appointments. A maximum of 5 (FIVE) client coupons can be created within a month, each in the name of a different client. 

6.1.15. The HEALTH PROFESSIONAL is obliged to initiate the meeting for the performance of the remote health service within 5 (FIVE) MINUTES from the client's appointment time. If the appointment is canceled by the client or by the HEALTH PROFESSIONAL personally for any reason due to the HEALTH PROFESSIONAL not starting the meeting within this specified period, no payment will be made to the HEALTH PROFESSIONAL. The total number of appointments delayed or canceled by the HEALTH PROFESSIONAL cannot exceed 3 (THREE) in a month. Otherwise, the PLATFORM OWNER reserves the right to suspend the membership of the HEALTH PROFESSIONAL. Situations where the remote health service is terminated by informing the patient for medical or legal reasons in line with the rights granted to him/her by this contract and regulation are not within the scope of this article. 

6.1.16. HEALTH PROFESSIONAL, who reaches him/her through the platform and explains the diagnosis, follow-up and treatment processes; to the clients with the distance health service offered through the platform and/or face-to-face appointments; accepts, declares and undertakes that it will not provide any services by eliminating the platform (via telephone and/or video calls without an appointment, creating external face-to-face appointments, etc.). If a contrary situation is detected, the PLATFORM OWNER reserves the right to terminate the membership of the HEALTH PROFESSIONAL and take legal action.

6.1.17. The HEALTH PROFESSIONAL is personally responsible for the services and results to be provided to the clients within the scope of this Agreement, and if the PLATFORM OWNER encounters any demand or claim due to the services provided by the HEALTH PROFESSIONAL, the HEALTH PROFESSIONAL will hold the PLATFORM OWNER harmless from this demand and allegation and will compensate the damages arising therefrom immediately in cash and in full upon request.

6.1.18. The HEALTH PROFESSIONAL accepts and undertakes that, unless he/she cancels his/her membership no later than 14 (FOURTEEN) days before the end of the membership period, the membership will automatically renew at the end of the period based on the new fee schedule. If the HEALTH PROFESSIONAL does not renew his membership, he accepts that the PLATFORM OWNER may restrict the creation of new appointments on his behalf during this period in case the clients are harmed. The HEALTH PROFESSIONAL accepts and undertakes to show the care and effort expected from him/her to complete his/her current appointments within this period. If the membership is automatically renewed, the HEALTH PROFESSIONAL reserves the right to change the membership package.

6.1.19. Any notification regarding this agreement will be made by sending an e-mail to the e-mail address where the HEALTH PROFESSIONAL is registered on the platform, or by calling the phone number or by sending SMS and push notifications. The HEALTH PROFESSIONAL accepts and declares that it will regularly check the e-mail addresses and numbers to which notification will be made, and that notifications to known e-mail addresses and numbers will have all the legal consequences of a valid notification, unless the PLATFORM OWNER is notified of any changes in them.

6.2. Rights and Obligations of the Platform Owner

6.2.1. Although the PLATFORM OWNER aims to ensure that the platform is always accessible and ready for use and takes precautions within its own structure, it does not guarantee the functionality and accessibility of the systems that provide access. THE PLATFORM OWNER is not responsible in any way for any interference or interruptions caused by anyone other than himself. However, if access to the platform will be stopped or restricted due to maintenance, control, repair or similar reasons envisaged to be carried out on the platform within the framework of a plan, the PLATFORM OWNER accepts, declares and undertakes to announce the start and end date of this situation on the platform at least 48 (FORTY-EIGHT) HOURS in advance.

6.2.2. THE PLATFORM OWNER does not guarantee referral of clients within a certain number and/or quota or on a priority basis to any HEALTH PROFESSIONAL who will provide remote and/or face-to-face healthcare services through this platform. Each HEALTH PROFESSIONAL is listed under equal conditions under the branch he/she serves. In the distribution of the number of clients; THE PLATFORM OWNER is not responsible for any differences that may arise due to factors such as the education and professional experience of HEALTH PROFESSIONALS, profile occupancy rates, the content they share, the fee of the health service, whether it is covered by any agreement and/or health insurance, and the average scores created as a result of the evaluations made by the clients. 

6.2.3. The PLATFORM OWNER, in the evaluations to be made every three months, will determine the "..." on the platform, based on compliance with the platform terms of use and service quality. It will be possible to assign "Prime Member" status to HEALTH PROFESSIONALS who meet the criteria that can be viewed by accessing the tab or the "www.ehealth.com.tr/….." link. Prime Member status is valid for the evaluation period for which it is assigned, and once this status is obtained, it does not mean that the status and the privileges provided to the HEALTH PROFESSIONAL in terms of using the platform with this status will always continue.   

6.2.4. THE PLATFORM OWNER has the right to make agreements for employees and/or retirees of various companies, institutions and/or organizations to receive services through the platform at various discount rates. THE PLATFORM OWNER accepts and undertakes that it will announce the agreements it has made to the HEALTH PROFESSIONALS who are members of the platform in advance and will give them the right to choose whether they want to provide services within the scope of these agreements. If HEALTH PROFESSIONALS who state that they do not want to provide services within the scope of the agreement later want to be included in the scope of the agreement, the PLATFORM OWNER reserves the right to reject these requests.

6.2.5. If there is no restriction in the agreements, the PLATFORM OWNER grants the HEALTH PROFESSIONAL and/or the contracted companies, institutions and/or organizations of the healthcare facility to which it is affiliated, the right to provide remote health services through the platform at the agreed rates and/or examination fees. However, if the platform already has an agreement with the relevant companies, institutions and/or organizations and a certain discount rate and/or examination fee has been agreed in this agreement for the remote health services to be offered through the platform, these rates and/or fees will be valid for the services to be offered.

6.2.6. PLATFORM OWNER, clients, discounts, etc. It will be possible to create various coupons on behalf of the platform in order to benefit from various privileges. THE PLATFORM OWNER has the right to determine the content, duration and number of these coupons as he wishes. These standard coupons can be made available to HEALTH PROFESSIONALS who request them. HEALTH PROFESSIONALS reserve the right to create coupons defined in Article 6.1.14 of this agreement. 

6.2.7. The PLATFORM OWNER is not the reference and/or guarantor of any HEALTH PROFESSIONAL or client. HEALTH PROFESSIONALS are responsible for all kinds of work and transactions they will carry out with other healthcare professionals and clients, and the PLATFORM OWNER does not have any rights or obligations on these works and transactions.

6.2.8. THE PLATFORM OWNER is not under any obligation to monitor the content, thoughts and recommendations produced and/or shared by the HEALTH PROFESSIONAL. However, if it is determined that these contents, ideas and recommendations are contrary to the terms of use determined by this agreement or the current legislation, the HEALTH PROFESSIONAL may be subject to judicial/administrative authorities' precautions, etc. against himself/herself and/or his/her shares. If it is decided to impose sanctions, the PLATFORM OWNER has the right to request the removal of the relevant content or to remove the shared content ex officio.

6.2.9. THE PLATFORM OWNER has the right to publish the content produced by the HEALTH PROFESSIONAL and shared publicly, free of charge, on the social media accounts of the platform, as well as on the social media accounts of the platform, in order to promote and develop the platform, by protecting the rights and obligations of the HEALTH PROFESSIONAL on the content and by complying with the applicable legislation. 

6.2.10. The PLATFORM OWNER may link to other websites, platforms, various content, services or products within the platform. The fact that there are links to websites, platforms, various content and/or services or products on the platform does not mean that they are supported or guaranteed. THE PLATFORM OWNER has no responsibility for these websites, platforms, content, services or products.

6.2.11. THE PLATFORM OWNER has the right to share the average of the ratings and evaluations made by the clients about the service they receive, in a way that can be viewed by other clients and HEALTH PROFESSIONALS, provided that they comply with the legislation. THE PLATFORM OWNER is not responsible for the ratings and evaluations made exclusively by the clients.

6.2.12. Payments made by clients for providing remote health services through the platform or creating face-to-face appointments only cover consultancy, interview and examination services. THE PLATFORM OWNER is not responsible for any follow-up and collection of additional payments requested by the HEALTH PROFESSIONAL and the fees for manual appointments created by him/her. 

6.2.13. The PLATFORM OWNER has the right to make unilateral changes to this User Agreement due to changes in the current legislation and/or developments and improvements to be made on the platform. Changes made to the contract will be sent to the HEALTH PROFESSIONAL's e-mail address registered in the system and will enter into force within 30 (THIRTY) DAYS. HEALTH PROFESSIONALS who do not accept the said changes reserve the right to cancel their membership by terminating the contract within 30 (THIRTY) DAYS. Unless the contract is terminated by the HEALTH PROFESSIONAL within the specified period, membership will continue with changed conditions.

6.2.14. The PLATFORM OWNER has the right to make unilateral changes in membership packages, fees and payment terms. THE PLATFORM OWNER shall not implement any changes to the fee and payment conditions until the end of the HEALTH PROFESSIONAL's membership period; He accepts and undertakes that these changes will be reflected in the HEALTH PROFESSIONAL with the new membership period. 

6.2.15. In case any payment is made due to the service provided by the HEALTH PROFESSIONAL to the clients, the PLATFORM OWNER reserves the right to recourse this payment to the HEALTH PROFESSIONAL and/or to offset it from the HEALTH PROFESSIONAL's receivables.

6.2.16. If the HEALTH PROFESSIONAL provides services on other similar platforms, the PLATFORM OWNER may request price equalization in favor of the clients in terms of standard examination fees, in line with the platform's aim of providing the best possible service to its clients at the best price. Fees determined for discounted services provided in line with agreements made by other platforms are not included in this scope. 

6.2.17. The PLATFORM OWNER, 14 (FOURTEEN) DAYS before the end of the membership period, informs the HEALTH PROFESSIONAL that the membership will end within 14 (FOURTEEN) DAYS by notifying the HEALTH PROFESSIONAL via the e-mail address and/or phone number registered in the system and the portal, according to their communication preferences; It will remind you that if you do not cancel your membership will automatically renew. The PLATFORM OWNER has the right to restrict the creation of new appointments on behalf of the HEALTH PROFESSIONAL during this period in case the clients are harmed if the membership is not renewed. During this period, HEALTH PROFESSIONALS will continue to access all screens necessary to complete their current appointments.

7- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

7.1. All data, information and services on the platform are provided "AS IS" and "AS AVAILABLE" and the responsibility arising from the use of the platform belongs entirely to the HEALTH PROFESSIONAL. All materials used on the platform, including but not limited to text, photographs, graphics, may contain technical errors, typographical errors or other errors and inaccuracies.  PLATFORM OWNER; The content and operation of the platform do not provide any express or implied warranty that access to the services offered through the platform will be uninterrupted or error-free or that defects in the services will be corrected. Excluded warranties include merchantability, fitness for a particular purpose and non-infringement. 

7.2. THE PLATFORM OWNER is not responsible for any direct or indirect damages or losses that may arise from the use of the platform, especially loss of profit and reputation that may occur due to reasons including but not limited to misuse of the service or information, permanent or temporary inaccessibility of the service or information, deletion, misuse or error in storing any information, and damages resulting from business interruption. 

7.3. PLATFORM OWNER; does not guarantee that the platform, the files or shared content transferred between the parties through the platform, the software used and the linked website, application, content and the like that can be accessed through the platform do not contain viruses or any other harmful element.

8- PRIVACY

8.1. The parties undertake to accept as secret the ideas, projects, expert knowledge, designs, inventions, business methods and patents, copyrights, trademarks, trade secrets, know-how or any other innovations subject to legal protection or not, as well as all commercial, financial, technical, legal information and communication methods, written or oral, disclosed to them during the work and services subject to the contract, and to not give these secrets to third parties, not to disclose them, not to announce them to the public without the written permission of the other party, or to avoid behavior that will result in this way.

8.2. The parties agree and undertake to provide each other with all kinds of information and documents required within the scope of the "Need to Know (Need to Know) Principle" in order to fully and completely carry out the work and/or transactions subject to the contract. In this context, the parties agree that the information and documents obtained as a result of the work and services subject to this contract shall be kept confidential, that confidentiality shall be strictly protected and that they shall not be disclosed to third parties in any way without the consent of the other party, that they shall not be given to any person, company or institution in the position of a competitor or third party for any purpose whatsoever, including monetary or non-monetary benefits, in return for or without compensation, that they shall not be disclosed to the public, shared, reproduced and distributed, and that they shall not have the right of access through data transfer systems. is responsible for ensuring that it is not recognized. 

8.3. The Parties agree that they will ensure that third parties, institutions or organizations that are required to contribute to the performance of the work and/or transactions subject to this agreement are aware of confidential information only to the extent necessary for the work, and that this information and documents will not be disclosed to third real persons and/or legal entities and organizations other than for business purposes without the written permission of the other party; They accept and undertake that they will show utmost care and attention to ensure that such third parties, institutions or organizations comply with the confidentiality principles, and if they become aware of any non-compliance, they will immediately report such non-compliance in writing.

8.4. The parties agree and undertake to act in violation of their obligations in this article during the contract and for 5 (FIVE) YEARS following the termination of the contract. Otherwise, all damages suffered by the non-breaching party will be compensated by the other party, together with legal, administrative and criminal sanctions.

9- PROTECTION OF PERSONAL DATA

9.1. The parties are under the obligation to comply with all regulations, procedures and principles in force regarding the protection of personal data, especially the Personal Data Protection Law No. 6698 ("KVKK") and the decisions of the Personal Data Protection Board, the provisions of the Regulation on Personal Health Data, and to carry out their activities in accordance with the Law No. 6698 and relevant legislation. In this context, the parties accept, declare and undertake to collect and process the personal data obtained within the scope of this agreement only in accordance with the relevant legislation provisions and not to use this data for any purpose other than the fulfillment of the obligations contained in this agreement, not to transfer it to third parties unless otherwise regulated, and not to take it abroad for any purpose. 

9.2. In accordance with Article 12 of the Regulation titled "Protection of Personal Data", the HEALTH PROFESSIONAL providing the service and the health facility are responsible for protecting patient privacy and personal data of the client in the provision of remote health services. In this context, persons who have the title of Data Controller and Data Processor, personal data obtained through the service they offer; It is obliged to process in accordance with KVKK and relevant legislation and to take all kinds of technical and administrative measures based on the Personal Data Security Guide prepared by the Ministry. 

9.3. In cases where the client's explicit consent or approval is sought for the data to be transferred to the platform and/or shared on the platform, the HEALTH PROFESSIONAL who exchanges data is responsible for obtaining explicit consent or approval from the client as the data owner and fulfilling the obligation to inform within the scope of the regulation, KVKK, the Regulation on Personal Health Data and relevant legislation within their own services and obtaining express consent statements when necessary. The PLATFORM OWNER has the right to request documents from the HEALTH PROFESSIONAL regarding the fulfillment of these obligations, if necessary.

9.4. HEALTH PROFESSIONAL'S transaction records are recorded within the framework of relevant legal regulations. These records will be kept within the prescribed legal periods and there will be limited access to the records only at the request of official institutions. The records will be forwarded to the Ministry and relevant official organizations and services (e-Pulse, e-Prescription, e-Report, etc.) within the scope of relevant legal regulations. For detailed information, you can review the Disclosure Text and Cookie Policy.

10- OBSERVATION OF INTELLECTUAL PROPERTY RIGHTS

10.1. HEALTH PROFESSIONAL understands that the platform is the property of the PLATFORM OWNER and that its content, including any data, information, records, brands, logos, designs and materials belonging to third parties and/or institutions/organizations on the Platform, are protected in accordance with all moral, financial and related and neighboring rights within the scope of the Law on Intellectual and Artistic Works No. 5846 and the relevant legislation, and that both the PLATFORM OWNER's It accepts, declares and undertakes that it will not process, reproduce, copy, distribute or share the data in the system (pictures, files, text, images, information, etc.) in a way that would prejudice the real and/or personal rights of third real and/or legal persons, and that logging in to the platform does not give any rights, including the right to benefit in any way, within the scope of the Law on Intellectual and Artistic Works No. 5846 and other relevant regulations.

10.2. HEALTH PROFESSIONAL cannot use the name, trade name, logo or signs and materials of the platform under any purpose or condition, including marketing and promotional purposes, without the written consent of the PLATFORM OWNER; cannot link to the platform.

11- RIGHT OF WITHDRAWAL

HEALTH PROFESSIONAL; He/she has the right to withdraw from this agreement within 14 (FOURTEEN) DAYS, provided that no appointment has been made for remote and/or face-to-face health service provision after becoming a member of the platform.

12- TRIAL MEMBERSHIP

The PLATFORM OWNER will be able to define 14 (FOURTEEN) DAY trial subscriptions on behalf of HEALTH PROFESSIONALS within the scope of the agreements it will make. The trial subscription will automatically expire after 14 (FOURTEEN) DAYS. HEALTH PROFESSIONALS who become paid members of the platform after the trial subscription do not have the right to withdraw within the scope of Article 11. 

13- TRANSFER PROHIBITION

HEALTH PROFESSIONAL cannot transfer or assign its account and this Agreement and its rights and obligations arising from the use of the platform to a third party in any way.

14– PLATFORM MEMBERSHIP FEE AND PAYMENT TERMS

14.1. HEALTH PROFESSIONAL, "..." on the platform. By accessing the relevant section via the tabs or the "www.ehealth.com.tr/….." link, the user will be able to view the membership packages prepared by the PLATFORM OWNER and the fees determined for these packages. After the HEALTH PROFESSIONAL selects the membership package of his/her choice, he/she will be directed to the payment screen. The parties accept and undertake that the rights and obligations regarding the membership package chosen by the HEALTH PROFESSIONAL are an integral part of this agreement.

14.2. Platform Membership Fee payment will be made through an intermediary institution that has an operating permit within the scope of the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions and its secondary regulations. Based on the payment made, the e-Invoice issued by the PLATFORM OWNER will be sent to the HEALTH PROFESSIONAL's e-mail address registered in the system. 

14.3. Except for exercising the right of withdrawal during the membership period; If the membership is terminated for any reason, including termination of the contract, no refund will be made to the HEALTH PROFESSIONAL.

15- COMMISSION, INSPECTION AND TRANSACTION FEES

15.1. The HEALTH PROFESSIONAL will determine the examination fee requested from the clients in return for the remote and/or face-to-face health service offered through the platform, and the conditions regarding cancellation, postponement and refund of appointments. PLATFORM OWNER, 6.2.16 of this agreement. The rights stated in the article are reserved. The examination fee determined by the HEALTH PROFESSIONAL will be paid through the intermediary institution that has an operating permit within the scope of the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions and its secondary regulations, when a remote or face-to-face health service appointment is made by the client. Manual appointments created by HEALTH PROFESSIONALS are not included in this scope.

15.2. THE HEALTH PROFESSIONAL shall pay to the PLATFORM OWNER the commission amount requested by the PLATFORM OWNER within the rates determined for each examination fee for remote and/or face-to-face health services. HEALTH PROFESSIONAL, "..." on the platform. tabs or by accessing the relevant section via the link "www.ehealth.com.tr/….." will be able to view the commission table prepared by the PLATFORM OWNER. By becoming a member of this platform, the HEALTH PROFESSIONAL is deemed to have accepted the commission rates determined by the PLATFORM OWNER. The parties accept and undertake that the commission table shared in the relevant section of the platform is an integral part of this agreement.

15.3. After the remote and/or face-to-face health service appointment created by the Client is made, a commission deduction will be made at the rates specified in the Commission Table and the remaining amount will be transferred to the HEALTH PROFESSIONAL's account by the PLATFORM OWNER within 7 (SEVEN) DAYS. The e-Invoice regarding the commission deductions made by the PLATFORM OWNER will be issued once a week, based on the total commission amount deducted in line with the transactions carried out during that week, and will be forwarded to the HEALTH PROFESSIONAL.

15.4. For manual appointments created by the HEALTH PROFESSIONAL, the requested transaction fee will be paid to the PLATFORM OWNER within the rates determined based on the examination fee for each appointment. THE PLATFORM OWNER will not collect any additional commission on these appointments. HEALTH PROFESSIONAL, "..." on the platform. The user will be able to view the transaction fee table prepared by the PLATFORM OWNER by accessing the relevant section via the tabs or the "www.ehealth.com.tr/….." link. By becoming a member of this platform and using the manual appointment system, the HEALTH PROFESSIONAL is deemed to have accepted the transaction fees determined by the PLATFORM OWNER. The parties accept and undertake that the transaction fees table shared in the relevant section of the platform is an integral part of this agreement.

15.5. Transaction fees incurred due to manual appointments created by the HEALTH PROFESSIONAL will be determined by the PLATFORM OWNER at the end of each month, based on the number of manual appointments in the relevant month, and invoiced to the HEALTH PROFESSIONAL. The transaction fee included in this invoice will be paid in full to the PLATFORM OWNER's account by the HEALTH PROFESSIONAL within 7 (SEVEN) DAYS following the delivery of the invoice.

15.6. No deductions under the name of commission or transaction fee will be made from appointments made for compensation purposes due to the appointment being canceled or postponed in accordance with the conditions. However, 6.1.15 of the contract. In accordance with the regulations in the article, if the appointment is canceled by the client due to not starting the meeting for the performance of the remote health service within 5 (FIVE) MINUTES from the appointment time, or if the appointment is canceled by the client himself for any reason, the HEALTH PROFESSIONAL accepts and undertakes to pay the PLATFORM OWNER the amount of commission or transaction fee related to the relevant appointment. 

15.7. The HEALTH PROFESSIONAL is responsible for issuing the invoice/receipt for the payment of the examination fee to be made by the client in return for the remote or face-to-face healthcare service provided. The e-Invoice or e-HCP issued by the HEALTH PROFESSIONAL will be sent to the client within 7 (SEVEN) days at the latest after the remote and/or face-to-face healthcare appointment is made.

15.8. The PLATFORM OWNER has the right to process the invoices to the current account of the HEALTH PROFESSIONAL and to clear and offset the existing debt balance. THE HEALTH PROFESSIONAL accepts and undertakes to make written account reconciliation at periods requested by the PLATFORM OWNER. While making the calculation, the records in the PLATFORM OWNER's database will be taken as basis and these records will be accepted as conclusive evidence in accordance with Article 193 of the Code of Civil Procedure.

15.9. The provisions of this article also apply to the pricing of events and/or trainings to be organized by HEALTH PROFESSIONALS through the platform.

16- FORCE MAJEURE

Natural disaster, fire, war, declaration of mobilization, strike, epidemic, etc., which cannot be foreseen at the time of signing this contract and occurs to the extent that it partially or completely, temporarily or permanently stops the working ability of at least one of the parties. Events such as events that are not caused by the negligence of the parties and that are beyond their control, and situations such as changes in legislation and legal restrictions will be considered force majeure. As long as the force majeure continues, the parties are not responsible for the performance of their obligations in this agreement. In case of termination of the contract due to force majeure, the parties will not make any demands from each other in accordance with the rules of good faith.

17- SUSPENSION OF MEMBERSHIP AND TERMINATION OF THE AGREEMENT

17.1. The parties have the right to terminate this agreement by giving a written notice to the other 1 (ONE) WEEK in advance. In the event that the contract is terminated by the HEALTH PROFESSIONAL and the membership is terminated, the HEALTH PROFESSIONAL is obliged to make appointments regarding the provision of all remote and/or face-to-face health services currently registered in his name as of the date of termination, and to attend the training/events he has created, if any, and to complete these services with the care and effort expected from him. As of the termination date, the HEALTH PROFESSIONAL will be able to use the platform only to complete the appointments and events/trainings registered in his/her name. No refund will be made due to termination.

17.2. HEALTH PROFESSIONAL, whose membership has been suspended by the PLATFORM OWNER for any reason, will be able to use the platform only to complete the appointments and events/trainings currently registered in their name, as of the suspension date. As long as the membership is suspended, no remote and/or face-to-face health service appointments will be created on behalf of the HEALTH PROFESSIONAL, and the HEALTH PROFESSIONAL will not be allowed to organize any training/event and/or announce it on the platform.

17.3. In case of a significant belief that the platform is being used for purposes other than its intended purpose in violation of the terms of use of the platform, other obligations contained in this agreement and/or relevant laws and regulations, the PLATFORM OWNER has the right to request the elimination of the relevant violations, restrict the HEALTH PROFESSIONAL's access to part or all of the platform until the violations are resolved, suspend his/her membership, or terminate the contract unilaterally if these violations are not resolved within a reasonable time.

17.4. If there is a reasonable suspicion that the HEALTH PROFESSIONAL's account has been created or accessed for fraudulent purposes, or that any unauthorized person has used the account for purposes other than its intended purpose and in a way that does not comply with all applicable requirements, the PLATFORM OWNER will immediately suspend the membership and notify the HEALTH PROFESSIONAL's e-mail address.

17.5. If the platform membership is automatically renewed but the membership fee cannot be collected, the HEALTH PROFESSIONAL's membership will remain suspended until the relevant membership fee is collected. The time spent while the membership is suspended is included in the membership period and the HEALTH PROFESSIONAL will not be able to request any fee deduction, refund or additional usage period due to not being able to use the platform during this period.

17.6. THE PLATFORM OWNER reserves the right to terminate the membership of the HEALTH PROFESSIONAL by terminating this agreement if the HEALTH PROFESSIONAL does not log in to the platform for 3 (THREE) MONTHS from the moment he receives the notification that his membership is approved.

17.7. The HEALTH PROFESSIONAL accepts and undertakes that he/she will not claim any compensation or receivables arising from the law and/or contract under any name from the PLATFORM OWNER due to the suspension of his/her membership and/or termination of this agreement.

17.8. In case the membership of the HEALTH PROFESSIONAL is canceled by termination or non-renewal of this agreement, the HEALTH PROFESSIONAL has the right to access his/her account in read-only form and receive this content without paying a fee for 3 (THREE) MONTHS following the date of cancellation of the membership. Fees may be charged for access requests submitted after this period expires. This article does not apply in cases where access to the HEALTH PROFESSIONAL's account is prevented for legal reasons and the membership is terminated for this reason.

18- RULE OF EVIDENCE

The HEALTH PROFESSIONAL accepts and declares that the books and records of the PLATFORM OWNER will be accepted as exclusive evidence in case of disputes arising from the violation of this agreement, and that this provision is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.

19- APPLICABLE LAW AND DISPUTE RESOLUTION

This agreement is subject to Turkish Law and in cases where there is no provision in this agreement, the provisions in the relevant laws and legislation are valid. 

It is essential to resolve disputes that may arise regarding the implementation of the Agreement through peaceful means. If this is not possible, T.R. in resolving disputes. Ankara Courts and Enforcement Offices are authorized.

This agreement, consisting of 19 (NINETEN) articles and 18 (EIGHTEEN) pages, has entered into force upon approval of its contents electronically. The stamp duty arising from the signing of this agreement belongs to the PLATFORM OWNER.