Client Platform Usage Agreement

5.9. CLIENT can comment on the health professionals and/or consultants from whom they receive service through the platform, convey their opinions and recommendations, and rate these people. PLATFORM OWNER; The CLIENT has the right to publish the comments, opinions and recommendations made by the CLIENT by anonymizing them and taking the average of the scores given. 

5.10. The CLIENT must provide the necessary hardware, third-party software, internet access, etc. for the appropriate use of the platform in a way that does not affect the quality and continuity of the remote health and/or consultancy services it will receive. is responsible for preparing it. In this context, the CLIENT will use the platform carefully, avoiding any behavior or practice that will harm the platform and the computer and software systems of third parties using the platform. The CLIENT accepts and undertakes that he/she will refrain from any action that is likely to cause direct and/or indirect damage to the systems and applications that he/she has access to within the scope of the authority granted to him/her, that he/she will not upload documents that will damage or disrupt the accessibility, integrity and confidentiality of these systems and applications, that he/she will not run harmful scripts, and that he/she will not take any automatic and/or manual action with any third party software.

5.11. During the provision of remote health and consultancy services, the platform will be able to access the CLIENT's camera and microphone. Since the performance of the service will not be possible if the CLIENT 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 same applies to consultancy services that will be provided remotely. THE PLATFORM OWNER is not responsible for any damages incurred by the CLIENT due to this reason.

5.12. CLIENT; 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. CLIENT; will not engage in any activity that prevents or makes it difficult for others to use the platform; He/she shall not use slang, insulting, racist, discriminatory, offensive, harassing, etc. in his written and/or any communication on the platform, including his comments about healthcare professionals and/or consultants and his private correspondence with these people. will refrain from using unlawful expressions; undertakes not to post posts that criticize or disparage another user, contain pornography, violence, or advertise or promote any product or service.  

6- RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. Rights and Obligations of the Client

6.1.1. The CLIENT will be able to meet appointment requests for distance health and/or consultancy services and face-to-face health and/or consultancy services by accessing the online calendar created separately by the health professional or counselor he/she chooses and selecting the appropriate day and time interval. Upon request, it is also possible to create an appointment by a healthcare professional and/or consultant on behalf of the CONSULTANT. Appointment date and time intervals, cancellation and postponement conditions are determined by the health professional or consultant himself, and the CLIENT is deemed to have accepted these conditions by creating the appointment.  

6.1.2. The CLIENT who receives remote healthcare services through the platform is obliged to share the requested information regarding his medical history and health status with the healthcare professional in an accurate, understandable and detailed manner, in accordance with the Regulation. If persons who are legally parents and/or guardians benefit from the remote health service offered through the platform, this liability in terms of their minor and/or limited status belongs to the CLIENT as the legal representative. THE PLATFORM OWNER is not responsible for any damages that may arise in case of violation of this obligation. This article also applies to consultancy services to be received through the platform. 

6.1.3. For health and consultancy services to be received remotely, the CLIENT must allow the platform to access the camera and/or microphone. Health professional or consultant; If the CLIENT refuses to grant the relevant access permission despite informing and warning him/her about this matter and/or if audio and/or video cannot be transmitted between the parties due to technical reasons caused by the CLIENT, the health professional or consultant has the right not to start the remote health or consultancy service or to terminate the service that has already 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, the healthcare professional or the consultant. 

6.1.4. The TR ID/YKN/Blue Card Number, Name, Surname, Date of Birth, telephone number and e-mail address information given by the CLIENT during membership in accordance with the ID card information can be forwarded to the health professional and/or consultant for whom an appointment is made within the scope of providing health and/or consultancy services. If the health professional and/or consultant is in doubt about the identity of the CLIENT, the CLIENT must verify the identity information transmitted 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 and/or consultant has the right not to start the telehealth and/or consultancy 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 and/or consultant continues to perform the service on behalf of the CLIENT without the necessary verification despite the person's identity being in doubt.

6.1.5. The CLIENT is responsible, together with the healthcare professional and/or consultant, for ensuring patient confidentiality. The CLIENT is obliged to inform the healthcare professional and/or consultant if there is a third party who can see and/or hear the conversation during the performance of the remote health and/or consultancy service. To the aforementioned third party concept; Support persons such as translators and patient relatives 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.

6.1.6. In accordance with the Patient Privacy and Personal Data Protection legislation and the Regulation, it is prohibited to take audio and/or video recordings and take photographs during the performance of remote health and/or consultancy services without the explicit consent of the health professional and/or consultant 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.

6.1.7. The health professional can create an e-prescription or e-report on behalf of the CLIENT or the minor and/or disabled person for whom he/she has made an appointment due to having a parent and/or guardian, using the identification information provided to him/her within his authority, and can access the e-Pulse information of the CLIENT or the minor and/or disabled person for whom the CLIENT is the legal representative, within the scope of the approval given; can transfer medical diagnosis and diagnosis information to e-Nabız. 

6.1.8. All services to be received by the CLIENT within the scope of this contract will be provided by the health professional and/or consultant chosen by the CLIENT. In case the appointment is postponed or canceled by the health professional, consultant or the CLIENT himself, the CLIENT reserves the right to change the health professional or consultant from whom he/she will receive service.

6.1.9. CLIENT can purchase and participate in events and trainings organized by health professionals or consultants and announced on the platform home page and the profile of the relevant health professional or consultant. In addition to the content of these events and trainings, all thoughts and contents shared by health professionals and consultants on the platform, as well as the advice and guidance they give, completely reflect their own views. THE PLATFORM OWNER is not responsible for any damages or legal, administrative or criminal sanctions that may be incurred by either the CLIENT or third parties due to the activity, training, thought, content, advice and/or guidance in question.

6.1.10. If the CLIENT is a member of one of the contracted companies, institutions and/or organizations of the platform, healthcare professional or consultant and/or the healthcare facility to which they are affiliated, or is an insured of the contracted insurance institutions and/or organizations, they will be able to receive remote health and/or consultancy services through the platform at the rates and/or consultancy or examination fees agreed upon by these companies, institutions and/or organizations. The health professional or consultant has the right to refuse to provide distance health or consultancy services at discounted rates within the scope of the agreements made, and the CLIENT is responsible for checking whether the selected health professional and/or consultant provides services within the scope of the agreement to be used.  

6.1.11. Agreements made by the PLATFORM OWNER with various companies, institutions and/or organizations, including insurance companies, on behalf of the platform are not valid in terms of the services provided by the healthcare professional and/or consultant and the healthcare facility they are affiliated with outside the platform. In this context, the CLIENT cannot request to receive services at the same discount rates and/or examination fees from the relevant health professional, consultant or health facility other than the platform, just because he is a member of the platform.

6.1.12. Unlike the advantages provided by contracted companies, institutions and/or organizations, the PLATFORM OWNER, healthcare professionals and/or consultants have the right to create limited-time coupons for a specific client, client group and/or all clients. CLIENT can access the defined coupons through his/her own profile. All coupons will be issued on behalf of the platform. CLIENT cannot request to receive service from the relevant health professional and/or consultant other than the platform with the advantages provided by these coupons. The right to create a coupon directly on behalf of the CLIENT is limited to the CLIENT's next appointment only in cases where the health professional and/or consultant is late for his appointment or cancels his appointment. A coupon cannot be issued on behalf of the CLIENT by the same healthcare professional and/or consultant more than once in the same month or for two consecutive appointments. Coupons created on behalf of the CLIENT are valid only for the services to be provided by the health professional and/or consultant who issued the coupon.

6.1.13. In health or consultancy services to be provided remotely, the health professional and/or consultant is obliged to initiate the conversation for the performance of the remote health service within 5 (FIVE) MINUTES from the CLIENT's appointment time. If the healthcare professional or consultant does not initiate the meeting within this period, the CLIENT reserves the right to cancel, postpone or request an appointment from another healthcare professional or consultant. The provisions of this article also apply if the appointment is canceled by the healthcare professional or consultant personally for any reason, except for cases where the remote health or consultancy service is terminated by informing the CLIENT for medical or legal reasons in line with the rights granted to him/her by this contract and regulation. 

6.1.14. The health professional and consultants are personally responsible for the services and results to be provided to the CLIENT within the scope of this Agreement, and the PLATFORM OWNER is not responsible for any direct and/or indirect damages that may arise due to the services provided by the health professional and/or consultants.

6.1.15. Unless the CLIENT cancels his membership through the platform, his membership continues. THE PLATFORM OWNER reserves the right to suspend the CLIENT's membership and/or cancel the relevant membership by terminating this agreement in case of violation of the obligations specified in this agreement and/or regulation. 

6.1.16. Any notification regarding this agreement will be made by sending an email to the CLIENT's e-mail address registered on the platform, by calling the phone number, or by sending an SMS and push notification. CLIENT accepts and declares that he/she will regularly check the e-mail address 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 changes in these are notified to the PLATFORM OWNER.

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 the referral of CLIENTs within a certain number and/or quota or on a priority basis to any health professional or consultant who will provide remote and/or face-to-face health or consultancy services through this platform. Each health professional and consultant is listed on equal terms under the branch in which they serve. 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 or consultants, profile occupancy rates, the content they share, the cost of the health service, whether it is covered by any agreement and/or health insurance, and the average scores created as a result of evaluations made by other clients. Due to these differences, the health professionals or consultants who come to the fore cannot be considered as recommendations of the PLATFORM OWNER.

6.2.3. 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 CLIENTS who are members of the platform in advance and will also include information on their profiles as to whether each health professional or consultant provides services within the scope of these agreements. 

6.2.4. Unless there is any restriction in the agreements, the PLATFORM OWNER grants the right to provide remote health services through the platform to CLIENTS belonging to companies, institutions and/or organizations with which the health professional, consultant and/or health facility has an agreement, at the agreed discount 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.

6.2.5. 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. Health professionals and/or consultants reserve the right to create coupons defined in Article 6.1.12 of this agreement. 

6.2.6. The PLATFORM OWNER is not the reference and/or guarantor of any healthcare professional, consultant or client. CLIENTS are responsible for any work and transactions they will carry out with healthcare professionals and consultants, and the PLATFORM OWNER does not have any rights or obligations on these businesses and transactions.

6.2.7. THE PLATFORM OWNER is not under any obligation to monitor the content, thoughts and recommendations produced and/or shared by the healthcare professional and/or consultant and the comments made by the CLIENT. However, if it is determined that these contents, thoughts, recommendations and comments are contrary to the terms of use of the platform or the applicable legislation, the health professional, consultant or CLIENT may take precautions, etc., by judicial/administrative authorities against himself and/or his 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 them ex officio.

6.2.8. 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.

6.2.9. The PLATFORM OWNER has the right to share the average of the ratings and public comments made about the service received by the CLIENT, provided that they comply with the legislation, on the platform and on the platform's social media accounts for the promotion and development of the platform, in a way that other clients, health professionals and consultants can view, by anonymizing the CLIENT information. THE PLATFORM OWNER is not responsible for the scoring and evaluations made exclusively by the CLIENT.

6.2.10. Payments made by the CLIENT for providing remote health and/or consultancy 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 healthcare professional and/or consultant and the fees for manual appointments created by the healthcare professional and/or consultant. 

6.2.11. The PLATFORM OWNER has the right to make unilateral changes in this User Agreement and the membership fee and payment terms due to changes in the current legislation and/or developments and improvements to be made on the platform. Changes made in the contract, fee and payment conditions will be sent to the CLIENT's e-mail address registered in the system and will come into force within 30 (THIRTY) DAYS. The CLIENT who does not accept the said changes reserves the right to cancel his/her membership by terminating the contract within 30 (THIRTY) DAYS. If the contract is not terminated by the CLIENT within the specified period, membership will continue with changed conditions.

6.2.12. If the PLATFORM OWNER, health professional or consultant also provides services on other similar platforms, the platform will be able to make price equalization in favor of the CLIENT in terms of standard examination and consultancy fees in line with the aim of providing the best possible service to the CLIENT at the best price. After creating an appointment, the CLIENT will be able to request price equalization, provided that he contacts the PLATFORM OWNER and provides a link to the other fee offer at least 24 (TWENTY-FOUR) HOURS before the appointment time. In order for the relevant fee offer to be used as a basis for price equalization, it must be valid for the same examination and/or consultancy type and the same date, and the relevant offer must still be available when the control is ensured. Fees determined for discounted services provided in line with agreements made by other platforms are not included in this scope. 

6.2.13. Following the creation of an appointment, the PLATFORM OWNER will forward all information regarding the appointment, including the link where the service will take place, to the CLIENT via the portal with the e-mail address and/or phone number registered in the system, in line with the communication preferences, for health and/or consultancy services to be received remotely. THE PLATFORM OWNER accepts and undertakes to remind the CLIENT of his appointment through notifications as the date and time approach, and to share any changes in the appointment (place where the appointment will take place, connection link, etc.), cancellations and postponements, with the CLIENT without delay. The provisions of this article will also apply to the appointments made by the CLIENT on behalf of the minor and/or disabled person of whom he/she is the parent and/or guardian.

6.2.14. In case the CLIENT's membership is suspended by the PLATFORM OWNER or canceled by the CLIENT, the PLATFORM OWNER may allow the CLIENT to continue accessing all necessary screens to complete his/her current appointments within this period, in case the CLIENT is aggrieved.

7- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

7.1. All data and information on the Platform are provided “AS IS” for informational purposes only and do not constitute advice on nutrition, exercise, diagnosis, treatment or other matters. None of the data and information is an offer or request made by the PLATFORM OWNER. THE PLATFORM OWNER makes no representations regarding the advisability or suitability of any healthcare professional, treatment, exercise, nutrition plan, etc. The data is provided by healthcare professionals and other content providers, and the PLATFORM OWNER does not verify any data and disclaims any obligation to do so. Neither the PLATFORM OWNER nor our data providers are responsible for any damage that may occur due to your use of the data presented here. 

7.2. All data, information and services on the platform are provided as "USABLE" 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. 

7.3. 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. 

7.4. 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 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. 

8.2. 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.

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 and health facility providing the service are responsible for protecting patient privacy and the CLIENT's personal data 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 the data is responsible for obtaining the explicit consent or approval from the CLIENT, who is the data owner, and for fulfilling the obligation to inform within the scope of the regulation, KVKK, the Regulation on Personal Health Data and relevant legislation within its own services, and for obtaining express consent statements when necessary. The PLATFORM OWNER has the right to request documents from the healthcare professional proving that these obligations have been fulfilled, if necessary.

9.4. CLIENT's transaction records regarding remote health service 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.

9.5. All of the rights and obligations listed within the scope of this article also apply to the consultancy services to be provided through the platform, to the extent appropriate.

10- OBSERVATION OF INTELLECTUAL PROPERTY RIGHTS

10.1. CLIENT acknowledges 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 line 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 and the third parties It accepts, declares and undertakes that it will not process, reproduce, copy, disseminate or share the data in the system (pictures, files, text, images, information, etc.) that would prejudice the real and/or personal rights of legal entities and/or legal entities, and that logging into 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. CLIENT 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

CLIENT; Even if he makes an appointment after becoming a member of the platform, he has the right to withdraw from this contract within 14 (FOURTEEN) DAYS, provided that he has not received any remote and/or face-to-face health or consultancy services. If the right of withdrawal is exercised, the fees related to the appointments made by the CLIENT during this period but not realized will be refunded to the CLIENT.

12- TRIAL MEMBERSHIP

The PLATFORM OWNER will be able to define 14 (FOURTEEN) DAY trial subscriptions on behalf of the CLIENT within the scope of the agreements it will make. The trial subscription will automatically expire after 14 (FOURTEEN) DAYS. The CLIENT who becomes a member of the platform after the trial subscription does not have the right to withdraw within the scope of Article 11. 

13- TRANSFER PROHIBITION

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

14– PLATFORM MEMBERSHIP FEE

Membership to the platform is free. By becoming a member of the platform, the CLIENT undertakes to pay only the examination or consultation fees for the distance and/or face-to-face health and consultancy services he wishes to receive, and the fees for the events and trainings he wishes to attend. PLATFORM OWNER is responsible for the provisions of Article 6.2.11 of this agreement. The right to change the membership fee is reserved in accordance with the article.

15- INSPECTION AND CONSULTANCY FEES

15.1. Health professionals and consultants determine the examination and consultation fees they demand from clients in return for the remote and/or face-to-face health and consultancy services they offer through the platform and announce them on their profiles. CLIENT and PLATFORM OWNER, 6.2.12 of this agreement. The right to price equalization in the article is reserved. 

15.2. The examination and/or consultation fee determined by the health professional and/or consultant 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 and/or consultancy service appointment is made by the CLIENT. Manual appointments created by the health professional and/or consultant are not included in this scope, and the fees for these appointments will be paid directly to the relevant health professional and/or consultant by the CLIENT.