Distance Sales Contract
ARTICLE 1 – PARTIES
SERVICE PROVIDER (DOCTOR)
Commercial Title (Name/Surname) : Op. Dr. Çağlar Ertekin
Address : Mansuroglu Mah. Islam Kerimov Cad. 4-A Bayrakli / Izmir
Phone : +90 546 426 30 42
E-mail : info@caglarertekin.com
SERVICE RECEIVER (PATIENT)
Name-Surname :
Address :
Phone :
E-mail :
ARTICLE 2- CONTRACTUAL SERVICE AND SCOPE
This Distance Sales Agreement (“Agreement”) is subject to the Consumer Protection Law and has been prepared in accordance with the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they are aware of and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Regulation on Distance Contracts.
The subject of this Agreement consists of determining the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection and the Regulation on Distance Contracts regarding the provision of the service with the qualifications specified in the agreement, which the Service Recipient electronically approved for the purchase of e-Doctor: Video (Online) Doctor Consultation Service, through other domain names related to the service offered online or physically on the website of the Service Provider (“Website”) and/or through online video interview applications to be notified by the Service Provider or physically in person.
Service Information: e-Doctor: Video (Online) and/or physical consultation/examination service received from a doctor in the office
Service Date: The most suitable date and time determined by the appointment schedule of the doctor that the Service Recipient will choose from the branch in which they want to receive service and by mutual agreement
Service Pricing; The service pricing varies according to the location and academic title of the preferred doctor, and the pricing will be made according to the amounts including VAT in the detailed table in the Preliminary Information and Consent form. If the Service Recipient is under a signed policy with the institution and the institution provides provision, the service fee can be invoiced to the institution, and if the provision cannot be obtained due to reasons such as the institution not providing provision, canceling it, providing it late, etc., the Service Recipient will be responsible for the payment.
Payment Method and Plan: It is collected in one go with a credit card via the online virtual POS application.
Invoice address; An e-invoice will be issued and sent to the Service Recipient's e-mail address specified above after the service is provided.
ARTICLE 3 – SERVICE CONTENT AND PRESENTATION
The Agreement enters into force upon approval by the User and is performed by the provision of the online and/or physical Service purchased by the Service Recipient from the Service Provider.
Since the online or physical in-person consultation service provided within the scope of the Agreement is limited to the documents you will send and the information you will provide during the consultation, this service is not an alternative to the direct examination and treatment we provide at our health institution. It is not aimed to make a diagnosis or write a prescription. In this context, we would like to emphasize once again that the opinions and service to be conveyed to you are not binding and will never replace a direct examination. Since the opinions provided by our relevant physicians are only advisory, we provide the necessary information that you should evaluate these recommendations directly with your own physician or relevant specialist physicians.
Complaints regarding emergencies that require medical intervention within the first 24 hours following the occurrence of sudden illness, accident, injury, brain and spinal cord injuries, traumas, loss of consciousness, serious burns, chest pain, vomiting and similar situations are not covered by this service. We recommend that people with these symptoms immediately apply to the relevant Emergency Health Service Units.
During the process of using different video communication techniques, another health professional or a relative you deem appropriate may be with you to assist you during the video examination method. All these efforts are for your physician to ensure that standard examination procedures are established with you, where the patient-physician relationship is established, and that sufficient additional information is provided.
In the Video (Online) Doctor Consultation Service application, we recommend that you evaluate the information you will obtain with your doctor at your first opportunity with our Online Consultation Service application, which will never replace traditional medical practices and is created for consultation purposes only, and that our doctor does not perform a classical physical examination regarding your complaint and cannot make a diagnosis accordingly.
The service will be provided according to your availability, by offering an option considering the appointment schedule of the doctor you prefer and the branch you request, and the organization will be made for the day and time determined by mutual agreement.
Agreeing on the appointment date and time means that the service is approved and the payment obligation arises, and after agreeing on the appointment day and time, the Service provider will direct the payment to the virtual POS.
ARTICLE 4 - SPECIAL CONDITIONS
The information conveyed in the content of the interview to be provided within the scope of this contract will be recorded, a file will be opened, and the records will be kept for 20 years within the scope of the relevant article of the Private Hospitals Regulation and the Patient Rights Regulation.
Although the documents to be transmitted by the Service User will be evaluated by the Service Provider in accordance with privacy, it is assumed that you accept that they will be shared with different physicians or healthcare personnel within the hospital regarding the health problems you have stated, and that you do not have any rights violation claims due to these sharings.
If the physician consulted within the scope of the service provided recommends the Service User to consult with another branch, the Service User is not obliged to receive the service for the different branch from the Service Provider, and an additional fee will be charged upon request.
ARTICLE 5 - DECLARATIONS AND COMMITMENTS OF THE SERVICE RECEIVER
The Service Receiver declares that he/she has read and is informed about the basic characteristics, sales price, payment method and delivery of the contracted service on the Online Payment website, the address of which will be shared with him/her via an SMS or Email link, and that he/she has given the necessary confirmation electronically.
The Service Receiver agrees to install the Video Call application (Facetime, Whatsapp, Skype, Google Hangout Meet, etc.) to be specified by the Service Provider during the appointment phase for the provision of the service on a computer, phone, etc. similar device before the provision of the service and to create an account in order to use the relevant application. There is no such obligation in physical examinations.
The Service Receiver is obliged to ensure that the internet speed is at least 8 Mbps in order for the online call service to be provided uninterruptedly and efficiently.
The Service Provider cannot be held responsible for the failure to make the meeting at all and/or not to be made to the expected extent due to the Service Receiver's image quality and internet speed not being at the level specified in the contract.
The Service Receiver is obliged to comply with the appointment times to be made online or physically, and must connect to the meeting room where the online meeting will be held via the online application specified above 5 (five) minutes before the appointment time and be ready for the meeting or be physically present in the clinic if there will be a physical examination. The service period cannot be extended due to late connection, failure to comply with the appointment time or the connection being established late due to the Service Receiver, in which case the Service Provider cannot be held responsible.
If the Service Receiver submits documents and medical records during the treatment service, it is necessary to have all the relevant documents ready before the meeting. The Service Receiver declares that the analysis, laboratory results, etc. documents and information declared and presented during the service provision belong to him/her, are up-to-date and correct.
If the relevant bank or financial institution does not pay the service fee to the Service Provider due to the unauthorized or illegal use of the Service Recipient's credit card by unauthorized persons not caused by the Service Provider's fault, the Service Recipient undertakes to make the payment.
The Service Recipient accepts that he/she only shares his/her own information and documents as the person who will benefit from the Doctor Consultation Service application. The Service Recipient is responsible for all rights violations within the scope of the legislation, especially the violation of privacy, that may occur in the event of sharing information and documents belonging to someone else.
Although the documents submitted by the Service Recipient will be evaluated by the Service Provider in accordance with privacy, he/she approves the sharing of the documents with different physicians or healthcare personnel within the hospital regarding the health problems conveyed and declares that you do not have any rights violation claims due to these sharings.
The Service Recipient accepts and declares that the Service Provider is not responsible for any technical problem or rights violation that may arise from the intermediary application/software/service used for the medical files to reach the Service Provider's specialist doctors. The Service Provider is not responsible for data security, storage or sharing issues arising from the sharing of transmitted documents and information on the internet. The Service Recipient will not have any rights regarding losses, privacy violations or sharings arising from the internet without the knowledge of the Service Provider.
You are deemed to have allowed the communication information you provide through the Video (Online) Doctor Consultation Service application to be used and stored by institutions affiliated with our office for the purpose of communication activities through information, promotion and announcement, unless you notify the relevant institution or the intermediary software, device or tool through which access is made otherwise.
ARTICLE 6 – RIGHT OF WITHDRAWAL
The Service Provider undertakes that the Service User has the right to withdraw from the contract by rejecting the service from the date the contract is signed until the service is provided, without assuming any legal or criminal liability and without giving any justification. The right of withdrawal notification and other notifications regarding the contract can be sent through the Service Provider’s contact information channel specified in Article 1 above.
In order to exercise the right of withdrawal, it is necessary to notify the Service Provider within this period in accordance with the provisions of the legislation.
The paid service fee can be cancelled without any charge up to 24 hours before the appointment time. However, for services cancelled less than 24 hours before the appointment time, the remaining amount will be refunded after a 30% service delivery fee deduction is made.
ARTICLE 7 – CASES IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The Service User cannot use the right of withdrawal for contracts regarding services that were started to be performed with the Service User’s approval before the expiration of the right of withdrawal period and for contracts regarding services that were performed before the expiration of the right of withdrawal period.
ARTICLE 8 – PROTECTION OF PERSONAL DATA
8.1. Name, surname, e-mail address, Turkish Republic Identity number, demographic data, financial data, etc. information belonging to the Service Recipient, which can be defined as personal data within the scope of the Law No. 6698 on the Protection of Personal Data; may be recorded indefinitely/temporarily, stored in written/magnetic archives, used, updated, shared, transferred and processed in other ways by the Service Provider and its affiliates for the purposes of providing services, developing products and services, solving system problems, performing payment transactions, -in case of prior approval- being used in marketing activities about the services, updating the information belonging to the BUYER, managing and maintaining memberships and performing this distance sales contract and other contracts.
8.2. The Service User may, in accordance with the legislation, conduct commercial electronic communications by the Service Provider for the purposes of promotion, advertisement, communication, promotion, sales and marketing of all kinds of products and services, and for transactions and applications, and the Service User has accepted to receive commercial electronic messages.
8.3. The Service User may contact the Service Provider through the specified communication channels and request that data usage-processing and/or communications be stopped at any time. According to the Service User's explicit notification on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; in addition, if the Service User so wishes, their information, other than those legally required and/or possible to be preserved, is deleted from the data recording system or anonymized in a way that prevents their identity from being identified. The Service User may, if he/she wishes, always apply to the Service Provider and receive information on matters such as the transactions regarding the processing of his/her personal data, the persons to whom it is transferred, the correction of incomplete or incorrect data, the notification of corrected information to relevant third parties, the deletion or destruction of data, the objection to the emergence of a result against him/her by analyzing it with automatic systems, the compensation of damages incurred due to the processing of data in violation of the law. The applications in question will be examined and the Service User will be contacted within the legal period and within the periods stipulated in the legislation.
8.4. The privacy-security policies and terms of use of the program used in the provision of the service are valid, the Service Provider is not responsible for any disputes that may occur and their negative consequences.
ARTICLE 9 – COMMUNICATIONS AND DISPUTE RESOLUTION
The Service User may communicate any disruptions, feedback or complaints he/she experiences regarding the provision of the service through the contact addresses specified above and on our website.
In disputes arising from this Agreement; the Provincial or District Consumer Problems Arbitration Committees in the place where the Buyer purchased the product or resides in the place where the Buyer resides are authorized up to the value declared by the Ministry of Customs and Trade each year, and the Consumer Courts are authorized for disputes above the said value.
ARTICLE 10 - DEFAULT AND LEGAL CONSEQUENCES
In case the SERVICE RECEIVER defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may resort to legal means; may demand the expenses and attorney fees from the Service Receiver and in any case, if the Service Receiver defaults due to its debt, the Service Receiver agrees to pay the Service Provider's damages and losses due to the delayed performance of the debt.
ARTICLE 11 - NOTIFICATIONS, EVIDENCE AGREEMENT AND ANNEXES
All correspondence between the Parties under this Agreement shall be made via e-mail, except in the mandatory cases listed in the Law.
The Service User hereby accepts, declares and undertakes that in disputes that may arise from this Agreement, the Service Provider's official books, records and commercial records, electronic information and computer records kept in its database and servers shall constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.
The Preliminary Information and Consent Form is an annex and an integral part of this Agreement. Before signing the Agreement, the Service User declares that it has been informed in detail about the definition, presentation, conditions, duration, price information, right of withdrawal and duration of the service included in the Preliminary Information and Consent Form, and that it has accepted the content of the Preliminary Information Form as is.
ARTICLE 12 - ENFORCEMENT
This Agreement consisting of 12 (Twelve) articles has been read by the Parties and electronically approved by the Service User and has entered into force immediately.
In case of dispute, “Izmir Courts and Consumer Arbitration Committees” are responsible.