Consultant Platform User Agreement
CONSULTANT PLATFORM USE AGREEMENT
1- PARTIES
This agreement has been signed between the following parties:
- Residing at the address “Kızilirmak Mahallesi Dumlupınar Bulvarı Next Level No: 3A/10 Çankaya/ANKARA”, EHEALTH TEKNOLOJİ A.Ş. with MERSİS Number 0326066260500001. (referred to as “PLATFORM OWNER”)
- “Law No. 1219 on the Execution of Medicine and Medical Arts" Clinical psychologists, dietitians and physiotherapists who are considered healthcare professionals within the scope of Additional Article 13, and other professionals whose job and task definitions in healthcare services are defined by the "Regulation on Job and Job Descriptions of Healthcare Professionals and Other Professionals Working in Health Services" psychologists, child development specialists, elderly care/home patient care technicians and gerontologists (referred to as "CONSULTANT")
2- SUBJECT AND SCOPE
This agreement; It regulates the authorization and conditions of use of the consultants who will use the online health service platform "www.ehealth.com.tr" as a member, in order to bring together clients and consultants within the scope of the performance of consultancy services to be provided remotely in various branches in order to support both mental and physical well-being, and to meet appointment requests for face-to-face consultancy services online.
3- DEFINITIONS
Considered in this contract;
Health Facility:Health institutions/organizations authorized to provide health services within the scope of the Regulation on the Ranking of Health Service Providers,
Health Professional: “Doctor, specialist doctor, dentist, etc. in accordance with the Law No. 1219 on the Proper Practice of Medicine and Medical Arts” . healthcare professionals practicing their profession,
Consultant: “Law No. 1219 on the Execution of Medicine and Medical Arts” Clinical psychologists, dietitians and physiotherapists who are considered healthcare professionals within the scope of Additional Article 13, and “Regulation on Job and Job Descriptions of Healthcare Professionals and Other Professionals Working in Health Services” and work in healthcare services and psychologists, child development specialists, elderly care/home patient care technicians and gerontologists, among other professionals whose job descriptions have been made,
Client: Fully qualified real persons over the age of 18 who use the platform to receive remote health services and/or face-to-face health services, to make an appointment online or to benefit from consultancy services offered on the platform,
Ministry: Ministry of Health,
Regulation:Regulation on Self-Employment of Healthcare Professionals,
Platform: Online health service platform at “www.ehealth.com.tr”,
Profile: The page created by the Health Professional or Consultant on the Platform containing information such as name - surname, profession, areas of expertise,
Platform Membership Fee: The fee to be collected periodically from members for platform use,
Personal Data:Any data relating to an identified or identifiable natural person,
Processing of Personal Data: All kinds of operations performed on data such as obtaining, recording, storing, preserving, changing, rearranging, disclosing, transferring, taking over, making available, classifying or preventing the use of personal data by fully or partially automatic or non-automatic means provided that it is part of any data recording system,
Data Breach: Obtaining the processed personal data by others through illegal means, exceeding the authorities and assignments in the legislation,
Data Controller: The real or legal person who determines the purposes and means of processing personal health data and is responsible for establishing and managing the data recording system,
Explicit Consent: Consent based on being informed about a specific issue and expressed with free will,
Information Text:It refers to the text that informs the User in detail about the security of personal data processed by the Platform Owner as the data controller defined by the Personal Data Protection Law No. 6698, the Regulation on Personal Health Data and the Regulation on the Provision of Remote Health Services, and the purpose and conditions of use of these data regulated in the legislation.
4– PLATFORM TERMS OF USE
4.1. After choosing one of the membership types offered to him on the platform within the conditions specified in this agreement, the CONSULTANT will register to the platform by filling in the requested information completely and paying the prescribed membership fee. After the registration process, documents that can verify the information provided by the CONSULTANT, such as identity card, diploma, employment certificate, must be uploaded to the system. The CONSULTANT will start using the platform upon the approval given by the PLATFORM OWNER within 48 (FORTY-EIGHT) HOURS AT THE LATEST.
4.2. Within the scope of the Regulation, CONSULTANTS must practice their profession within the "Health Professional Service Unit" licensed in their name, and in order to provide the service they provide remotely, this health professional service unit must be authorized to provide remote health services in accordance with the Regulation on the Provision of Remote Health Services. By becoming a member of the platform, the CONSULTANT accepts and undertakes that he meets all these conditions, as well as those contained in this agreement, and that the personal and other information he provides is correct before the law.
4.3. CONSULTANT; He/she must immediately notify the PLATFORM OWNER of any situation that would prevent him/her from providing remote consultancy services, such as the termination of the health professional service unit licensed on behalf of the person authorized to provide remote health services and/or his/her authority and/or competence to provide remote services for any reason. In this case, the PLATFORM OWNER reserves the right to suspend or terminate the relevant membership until the deficiency is corrected. If the CONSULTANT does not fulfill his notification obligation and continues to provide services on the platform, any legal, administrative and criminal liability that may arise belongs to him. THE CONSULTANT accepts and undertakes to compensate the PLATFORM OWNER for any damages that it may incur due to this, and to indemnify the PLATFORM OWNER from all judicial processes and related litigation expenses and attorney fees.
4.4. After the membership and approval process is completed, a basic profile is created on the platform, including the CONSULTANT's name - surname, title and expertise, if any. If the CONSULTANT wishes, he can edit this profile or start providing services by confirming the profile created on his behalf by the platform. If the CONSULTANT adds a photo to his profile, this photo must belong only to him and must be in line with his professional identity. THE PLATFORM OWNER has the right to remove photographs, information and content that do not comply with the nature of the platform and/or are found to be untrue. The CONSULTANT is obliged to immediately make the necessary updates based on any changes that may occur in the information contained in the profile, and accepts and undertakes to compensate any damages that the PLATFORM OWNER may suffer due to this information being incomplete, inaccurate and/or untrue.
4.5. The CONSULTANT will log in to the portal via the platform by using his e-mail address and password and performing two-stage authentication. The CONSULTANT is responsible for protecting the confidentiality and security of the password determined by him/her to enter the portal via the platform. If, despite all the measures taken, your information falls into the hands of unauthorized third parties, the CONSULTANT will immediately notify the PLATFORM OWNER. Otherwise, any activity carried out by entering the platform using this information is deemed to have been carried out by the CONSULTANT. Any legal and criminal liability arising from these activities belongs to the CONSULTANT.
4.6. THE CONSULTANT has the right to create only one membership and use the platform through this membership. If the contract is terminated and the membership is canceled or suspended by the PLATFORM OWNER due to violation of the obligations stipulated in this agreement, the CONSULTANT is prohibited from continuing to use the platform with a new membership. In this case, the PLATFORM OWNER reserves the right to reject the new membership request.
4.7. CONSULTANT; secretary, intern etc. It may authorize a third party to be chosen among its employees to use the platform when deemed necessary. The limits of the authorized third party's access to data within the platform are determined by the CONSULTANT. However, this authority does not include accessing, viewing or making changes to client data. The CONSULTANT may change the limits of the access authority without giving any reason, and also has the right to unilaterally cancel this authority. It is the CONSULTANT's responsibility to inform the third party authorized by the CONSULTANT and all activities to be carried out on the platform. Any legal, administrative and criminal liability arising from the activities carried out by this person and the damages he may cause belongs to the CONSULTANT.
4.8. By becoming a member of the platform, the CONSULTANT declares, accepts and undertakes that he has the necessary equipment about information and communication technologies and that his technological literacy is sufficient to provide remote consultancy services. In this context, the CONSULTANT provides 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 service. is obliged to prepare it.
4.9. The CONSULTANT 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 itself. The CONSULTANT accepts and undertakes that it will refrain from any action that is likely to directly and/or indirectly damage the systems and applications it accesses within the authority granted to it, that it will not upload documents that will disrupt or disrupt the accessibility, integrity and confidentiality of these systems and applications, that it will not run harmful scripts, and that it will not take any automatic and/or manual action with any third-party software.
4.10. During the remote consultancy service delivery, the platform will be able to access the CONSULTANT's camera and microphone. If the CONSULTANT does not grant this access permission requested by the platform, the platform reserves the right not to initiate the remote consultancy service or to terminate the initiated service, since it will not be possible to perform the service. The PLATFORM OWNER is not responsible for any damages to the CONSULTANT that may occur due to this reason.
4.11. CONSULTANT; 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. ADVISOR; 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.
4.12. The CONSULTANT accepts and undertakes not to access, use or share with third parties the non-public data and information of other consultants, health professionals and clients without permission. Otherwise, any legal, administrative and criminal liability that may arise belongs to the CONSULTANT.
5- RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Rights and Obligations of the Consultant
5.1.1. The CONSULTANT accepts and undertakes to create an online calendar with as many days and hours as possible within the membership period in order to meet the clients' requests for remote consultancy services and/or face-to-face appointments, and to keep this online calendar accessible to clients.
5.1.2. Before starting to provide remote consultancy services, the CONSULTANT is obliged to inform the client about the nature and results of the service to be provided to the extent appropriate to its nature. THE PLATFORM OWNER is not responsible for any damages that may arise in case of violation of this obligation.
5.1.3. For remote consultancy service delivery, the client must allow access to the platform's camera and/or microphone. ADVISOR; 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 CONSULTANT, he/she has the right not to start the remote 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 and/or the CONSULTANT.
5.1.4. When 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 the CONSULTANT within the scope of providing consultancy services. If the CONSULTANT 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 CONSULTANT has the right not to start the remote 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 CONSULTANT continues to perform the service without the necessary verification despite the fact that the identity of the client is in doubt.
5.1.5. If the CONSULTANT wishes, he can create a manual appointment through his own private portal in order to provide remote consultancy 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 CONSULTANT. THE CONSULTANT accepts and undertakes that it has provided this information in accordance with the client 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.
5.1.6. Information regarding the manual appointment created by the CONSULTANT and the link where the remote consultancy 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 service 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 remote service performance (microphone and camera access permission, etc.) and not being able to provide the appropriate technical equipment and infrastructure.
5.1.7. The CONSULTANT is responsible for ensuring the confidentiality of the client and is obliged to inform the client in case there is a third party who can see and/or hear the conversation with the client during the performance of the service provided remotely. To the aforementioned third party concept; interpreter, another consultant, healthcare professional, intern, 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.
5.1.8. In accordance with the Client Privacy and Personal Data Protection legislation, it is forbidden to take audio and/or video recordings and take photographs during the performance of remote services without the explicit consent of the 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.
5.1.9. THE CONSULTANT declares, accepts and undertakes that all services and transactions 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 CONSULTANT. The PLATFORM OWNER is not responsible for any damages or legal, administrative or criminal sanctions that may arise due to the materials preferred to be used.
5.1.10. The CONSULTANT can organize events and trainings through its private portal; By announcing these events and trainings on the platform homepage and profile, it can enable clients to purchase the relevant service. The CONSULTANT 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 both the CONSULTANT and 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.
5.1.11. THE CONSULTANT is responsible for the absence of any restrictions in the agreements and the PLATFORM OWNER's 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 consultancy services through the platform to the companies, institutions and / or organizations with which it and / or the health facility to which it is affiliated, if any, have an agreement, at the rates and / or consultancy 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 external CONSULTANT and the health facility to which it is affiliated, if any.
5.1.12. THE CONSULTANT has the right to refuse to provide distance 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 CONSULTANT subsequently requests to provide services within the scope of this agreement, the PLATFORM OWNER has the right to reject this request.
5.1.13. THE CONSULTANT may request that the coupon codes created by the PLATFORM OWNER on behalf of the platform be specific to the service it will offer. The CONSULTANT 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 CONSULTANT 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.
5.1.14. The CONSULTANT 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 CONSULTANT personally for any reason due to the CONSULTANT not starting the meeting within this specified period, no payment will be made to the CONSULTANT. The total number of appointments delayed or canceled by the CONSULTANT cannot exceed 3 (THREE) in a month. Otherwise, the PLATFORM OWNER reserves the right to suspend the CONSULTANT's membership. Situations where the remote service is terminated by informing the client in line with the rights granted in this agreement and for medical or legal reasons are not within the scope of this article.
5.1.15. CONSULTANT, who reaches him/her through the platform and explains the consultancy processes; to clients with the remote service it offers 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 CONSULTANT's membership and take legal action.
5.1.16. The CONSULTANT is personally responsible for the services and results to be provided to the clients within the scope of this Agreement, and in case the PLATFORM OWNER encounters any demand or claim due to the services provided by the CONSULTANT, the CONSULTANT will hold the PLATFORM OWNER harmless from this demand and claim and will immediately compensate the damages arising from this in cash and in full upon request.
5.1.17. The CONSULTANT 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 tariff. If the CONSULTANT 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 CONSULTANT 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 CONSULTANT reserves the right to change the membership package.
5.1.18. Any notification regarding this agreement will be made by sending an e-mail to the CONSULTANT's registered e-mail address or by calling the phone number or by sending an SMS and push notification. The CONSULTANT 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 any changes in these are notified to the PLATFORM OWNER.
5.2. Rights and Obligations of the Platform Owner
5.2.1. Although the PLATFORM OWNER aims to ensure that the platform is always accessible and ready for use and takes relevant measures 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.
5.2.2. THE PLATFORM OWNER does not guarantee referral of clients within a certain number and/or quota or on a priority basis to any CONSULTANT who will provide remote and/or face-to-face consultancy services through this platform. Each CONSULTANT is listed on equal terms under the branch in which 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 CONSULTANT's education and professional experience, profile occupancy rates, the content they share, the fee of the consultancy 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.
5.2.3. 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 able to assign "Prime Member" status to CONSULTANTS who meet the criteria, which can be viewed via 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 CONSULTANT in terms of using the platform with this status will always continue.
5.2.4. 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 to announce the agreements it has made to the CONSULTANTS who are members of the platform in advance and to give them the right to choose whether they want to provide services within the scope of these agreements. If CONSULTANTS 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.
5.2.5. Unless there is any restriction in the agreements, the PLATFORM OWNER grants the CONSULTANT and/or the contracted companies, institutions and/or organizations of the healthcare facility to which it is affiliated, if any, the right to provide remote 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 consultancy fee has been agreed in this agreement for the remote consultancy services to be offered through the platform, these rates and/or fees will be valid for the services to be offered.
5.2.6. 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 specific to the use of the requesting CONSULTANT. CONSULTANTS' rights to create coupons defined in Article 5.1.13 of this agreement are reserved.
5.2.7. The PLATFORM OWNER is not the reference and/or guarantor of any CONSULTANT, health professional or client. CONSULTANTS are responsible for all kinds of work and transactions they will carry out with other consultants, health professionals and clients, and the PLATFORM OWNER does not have any rights or obligations on these works and transactions.
5.2.8. THE PLATFORM OWNER is not under any obligation to monitor the content, thoughts and recommendations produced and/or shared by the CONSULTANT. However, if it is determined that these contents, thoughts and recommendations are contrary to the terms of use determined by this agreement or the applicable legislation, the CONSULTANT may take precautions against himself and/or his shares by judicial/administrative authorities, etc. 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.
5.2.9. THE PLATFORM OWNER has the right to publish the content produced by the CONSULTANT 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 CONSULTANT's rights and obligations on the content and by complying with the applicable legislation.
5.2.10. 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.
5.2.11. 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, consultants 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.
5.2.12. Payments made by clients for providing remote consultancy services through the platform or creating face-to-face appointments only cover consultancy services. THE PLATFORM OWNER is not responsible for any follow-up and collection of additional payments requested by the CLIENT and the fees for manual appointments created by him/her.
5.2.13. 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 CONSULTANT's e-mail address registered in the system and will enter into force within 30 (THIRTY) DAYS. A CONSULTANT who does not accept the changes in question reserves the right to cancel his/her membership by terminating the contract within 30 (THIRTY) DAYS. If the contract is not terminated by the CONSULTANT within the specified period, the membership will continue with changed conditions.
5.2.14. The PLATFORM OWNER has the right to make unilateral changes in membership packages, fees and payment terms. THE PLATFORM OWNER shall not implement the changes to be made in the fee and payment conditions until the end of the CONSULTANT's membership period; He/she accepts and undertakes that these changes will be reflected in the CONSULTANT with the new membership period.
5.2.15. In case any payment is made due to the service provided by the CONSULTANT to the clients, the PLATFORM OWNER reserves the right to recourse this payment to the CONSULTANT and/or to offset it from the CONSULTANT's receivables.
5.2.16. If the CONSULTANT provides services on other similar platforms, the PLATFORM OWNER may request price equalization in favor of the clients in terms of standard 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.
5.2.17. The PLATFORM OWNER, 14 (FOURTEEN) DAYS before the end of the membership period, informs the CONSULTANT that the membership will end within 14 (FOURTEEN) DAYS by notifying the CONSULTANT via the e-mail address and/or phone number registered in the system and the portal according to the 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 CONSULTANT during this period in case the clients are harmed if the membership is not renewed. During this period, the CONSULTANT will be able to continue accessing all screens necessary to complete existing appointments.
6- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
6.1. 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 CONSULTANT. 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.
6.2. 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.
6.3. 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.
7- PRIVACY
7.1. 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.
7.2. 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.
7.3. 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.
7.4. The parties agree and undertake to violate 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.
8- PROTECTION OF PERSONAL DATA
8.1. 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.
8.2. In accordance with Article 12 of the Regulation titled "Protection of Personal Data", the health facility providing the service and, if any, are responsible for protecting the privacy of the client and the 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.
8.3. 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 CONSULTANT 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 its own services and obtaining express consent statements when necessary. The PLATFORM OWNER has the right to request documents from the CONSULTANT regarding the fulfillment of these obligations, if necessary.
8.4. CONSULTANT'S transaction records can be 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. Records can be forwarded to the Ministry and relevant official organizations and services within the scope of relevant legal regulations. For detailed information, you can review the Information Text and Cookie Policy on the platform.
9- OBSERVATION OF INTELLECTUAL PROPERTY RIGHTS
9.1. THE CONSULTANT 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.
9.2. THE CONSULTANT 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.
10- RIGHT OF WITHDRAWAL
CONSULTANT; 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 consultancy services after becoming a member of the platform.
11- TRIAL MEMBERSHIP
The PLATFORM OWNER will be able to define 14 (FOURTEEN) DAY trial subscriptions on behalf of the CONSULTANTS within the scope of the agreements it will make. The trial subscription will automatically expire after 14 (FOURTEEN) DAYS. CONSULTANTS who become paid members of the platform after the trial subscription do not have the right of withdrawal within the scope of Article 10.
12- TRANSFER PROHIBITION
The CONSULTANT 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.
13– PLATFORM MEMBERSHIP FEE AND PAYMENT TERMS
13.1. CONSULTANT, "...." 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 CONSULTANT selects the desired membership package, 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 CONSULTANT are an integral part of this agreement.
13.2. 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 CONSULTANT's e-mail address registered in the system.
13.3. 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 CONSULTANT.
14- COMMISSION, ADVISORY AND TRANSACTION FEES
14.1. The CONSULTANT will determine the consultation fee requested from the clients in return for the remote and/or face-to-face consultancy service offered through the platform, and the conditions regarding cancellation, postponement and refund of appointments. PLATFORM OWNER, 5.2.16 of this agreement. The rights stated in the article are reserved. The fee determined by the CONSULTANT will be made 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 the CONSULTANT are not within this scope.
14.2. THE CONSULTANT shall pay to the PLATFORM OWNER the commission amount requested by the PLATFORM OWNER within the rates determined for each consultancy fee for remote and/or face-to-face healthcare services. CONSULTANT, "..." 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 CONSULTANT 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.
14.3. After the remote and/or face-to-face consultancy 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 CONSULTANT's account within 7 (SEVEN) DAYS by the PLATFORM OWNER. It will be prepared based on the total commission amount deducted and will be forwarded to the CONSULTANT.
14.4. For manual appointments created by the CONSULTANT, the requested transaction fee will be paid to the PLATFORM OWNER within the rates determined from the consultation fee for each appointment. THE PLATFORM OWNER will not collect any additional commission on these appointments. CONSULTANT, "..." 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 CONSULTANT 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.
14.5. Transaction fees incurred due to manual appointments created by the CONSULTANT 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 CONSULTANT. The transaction fee included in this invoice will be paid in full by the CONSULTANT to the PLATFORM OWNER's account within 7 (SEVEN) DAYS following the delivery of the invoice.
14.6. No deductions will be made under the name of commission or transaction fee from appointments made for compensation purposes due to the appointment being canceled or postponed in accordance with the conditions. However, 5.1.15 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 consultancy service within 5 (FIVE) MINUTES from the appointment time, or if the appointment is canceled by the client himself for any reason, the CONSULTANT accepts and undertakes to pay the PLATFORM OWNER the amount of commission or transaction fee related to the relevant appointment.
14.7. The CONSULTANT 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-SMM issued by the CONSULTANT will be sent to the client within 7 (SEVEN) days at the latest after the remote and/or face-to-face consultancy service appointment is made.
14.8. The PLATFORM OWNER has the right to process the invoices to the CONSULTANT's current account and to clear and offset the existing debt balance. THE CONSULTANT 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.
14.9. The provisions of this article also apply to the pricing of events and/or trainings to be organized by the CONSULTANT through the platform.
15- 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.
16- SUSPENSION OF MEMBERSHIP AND TERMINATION OF THE AGREEMENT
16.1. The parties have the right to terminate this agreement by giving a written notice to the other 1 (ONE) WEEK in advance. In case the contract is terminated by the CONSULTANT and the membership is terminated, the CONSULTANT is obliged to make all appointments regarding the provision of remote and/or face-to-face consultancy services registered in his/her name as of the date of termination, and to attend the training/events he/she has created, if any, and to complete these services with the care and effort expected from him/her. As of the termination date, the CONSULTANT 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.
16.2. The CONSULTANT, 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 his name, as of the suspension date. As long as the membership is suspended, no remote and/or face-to-face consultancy service appointments will be created on behalf of the CONSULTANT, and the CONSULTANT will not be allowed to organize any training/events and/or announce them on the platform.
16.3. 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 contradictions, restrict the CONSULTANT's access to part or all of the platform until the contradictions are resolved, suspend his membership, or unilaterally terminate the contract if these contradictions are not resolved within a reasonable time.
16.4. If there is a reasonable suspicion that the CONSULTANT'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 CONSULTANT's e-mail address.
16.5. If the platform membership is automatically renewed but the membership fee cannot be collected, the CONSULTANT'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 CONSULTANT 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.
16.6. THE PLATFORM OWNER reserves the right to terminate this agreement and terminate the CONSULTANT's membership if the CONSULTANT does not log in to the platform for 3 (THREE) MONTHS from the moment he receives the notification that his membership is approved.
16.7. The CONSULTANT accepts and undertakes that it 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 its membership and/or termination of this agreement.
16.8. In case the CONSULTANT's membership is canceled by termination or non-renewal of this agreement, the CONSULTANT 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 CONSULTANT's account is prevented for legal reasons and the membership is terminated for this reason.
17- RULE OF EVIDENCE
The CONSULTANT accepts and declares that the books and records of the PLATFORM OWNER will be accepted as exclusive evidence in case of disputes that may arise due to 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.
18- 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.
19- ENFORCEMENT
This agreement, consisting of 18 (EIGHTEEN) 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.
Sections 4.2 and 4.3 of this agreement. The articles shall enter into force at the end of the transition period granted by the Ministry within the scope of the Regulation on Self-Employment of Healthcare Professionals.