ARTICLE 1 – THE PARTIES
Commercial Title: Bellaten Health Ltd Co
Mersis no: ***********************
Address: Dereboyu Cd, Fesleğen Sk, Ağaoğlu MyWorld, Suncity, 2C-16, Batıataşehir / İstanbul/TURKEY
Phone: 0544 ***********
Name and surname:
ARTICLE 2- SERVICE AND SCOPE OF THE CONTRACT SUBJECT
This Distance Sales Contract (“Contract”) is regulated in accordance with the Law on Consumer Protection and the Regulation on Distance Contracts. The parties of this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Regulation on Distance Contracts.
The subject of this agreement is based on the Service Provider’s www.chestandlungsurgeon.com owned by the Service Provider or other domain names linked to the service provided (“Website”) and / or online video interview applications to be notified by the Service Provider: It consists of determining the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts regarding the provision of the service specified in the contract electronically approved for the purchase of the (Online) Doctor Interview Service.
Service Information: e-Doctor: Providing Video (Online) Doctor Call Service
Date of Service: According to the appointment schedule of the physician to be chosen from the Chest Surgery the Service User wants to receive service, the most appropriate date and time determined by the choice of the Service User and the common agreement.
Service Pricing; The pricing of the service varies according to the location and academic title of the preferred physician, and the pricing will be made according to the VAT included in the detailed table in the Preliminary Information and Consent form. If the Service User is within the scope of the signed policy with the institution and the institution authorizes, the service fee may be invoiced to the patient/ institution, and if the institution cannot provide provision, cancel, late, etc., the Service Receiver will be responsible for the payment.
Payment Method and Plan: It is collected at once via credit card via online virtual POS application.
Billing address; The e-invoice will be issued and sent to the above mentioned e-mail address of the Service User after the delivery of the service.
ARTICLE 3 – SERVICE CONTENT AND PRESENTATION
The contract has come into force upon being approved by the User and is performed by the provision of the Service purchased by the Service User from the Service Provider.
This service is not an alternative to the direct examination and treatment we offer at our health institution, as the online interview service offered under the contract is limited to the documents you send and the information you will transfer during the interview. It is not intended to be diagnosed or prescribed. In this context, we would like to point out again and strongly that the opinions to be conveyed to you and the service are not binding and will never replace a direct examination. Since the opinions to be provided by our relevant physicians are only recommendations, we provide the necessary information that you should evaluate these recommendations directly with your own physician or with our related specialist doctors.
Complaints about emergencies requiring medical intervention within the first 24 hours following the occurrence of the event in cases of sudden diseases, accidents, injuries, brain and spinal cord injuries, traumas, loss of consciousness, severe burns, chest pain, vomiting and the like are not covered by this service. We recommend that people with these symptoms contact the relevant Emergency Health Service Units immediately.
In the process of using different video communication techniques, you can be with your doctor or another health professional with you, or a relative you see with you to assist you during the video examination method. All these efforts are to ensure that your physician has established standard examination procedures with which the patient-physician relationship is established and that additional sufficient information is provided.
We recommend that you evaluate the information you receive with our Online Interview Service application, which will never replace traditional medicine practices, and that it will not be able to make a diagnosis, and that it will never replace traditional medical practices in the Online Doctor Interview Service application.
The organization of the service will be provided for the day and time determined by mutual agreement, by offering the option according to the availability of your service, taking into account the appointment schedule of the physician you prefer and you request.
Agreeing on the date and time of the appointment means that the purchase of the service is confirmed and the obligation to pay is incurred, and upon the agreement on the day and time of the appointment, it will direct you to the virtual POS for payment by the Service provider.
ARTICLE 4- SPECIAL TERMS
The information conveyed in the content of the interview, which will be presented under this contract, will be recorded and the file will be opened, 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 Receiver will be evaluated by the Service Provider in accordance with privacy, it is assumed that you do not request any infringement claim due to these shares that they will be shared with different physicians or healthcare personnel about the health problems you have specified.
If the physician interviewed within the scope of the service offered is recommended to meet the Service Branch with another branch, the Service Receiver will not be obliged to receive the service for the different branch from the Service Provider, and will be charged separately upon request.
ARTICLE 5- STATEMENTS AND COMMITMENTS OF THE SERVICE AREA
The Service Recipient declares that she/he has read and informed about this Agreement, which is uploaded by the Service Provider, the address of the contractual service on the Online Payment website, the address of which will be shared with an SMS or Email link, regarding the basic qualities of the contractual service, the sales price, the payment method and the delivery, and the necessary confirmation in the electronic environment.
The Service User agrees to install the Video Call application (Facetime, Whatsapp, Skype, Google Hangout Meet, Zoom, etc.), which will be specified by the Service Provider at the appointment stage, to the device such as computer, phone, etc. and to create an account in order to use the related application.
The Service User is obliged to ensure that the internet speed is at least 8 Mbps in order to provide an uninterrupted and efficient online call service.
The Service Provider cannot be held responsible for the inability of the interview to be held and / or to the extent expected, due to the image quality and internet speed of the Service User not at the level specified in the contract.
The Service Receiver is obliged to abide by the appointment hours, and must be connected to the interview room where the online interview will be held, via the online application mentioned above, 5 (five) minutes before the appointment time. Due to the late connection, the time of the appointment not being respected and the connection being established late from the Service User, the service period cannot be extended, in this case, the Service Provider cannot be held responsible.
If the Service Provider provides documents and medical records during the online interview service, the relevant documents must be available before the interview. The Service Receiver declares that the document and information that he declared and submitted during the service delivery, the laboratory result etc. belong to him, that he is up-to-date and correct.
In case the bank or financial institution does not pay the service fee to the Service Provider due to the unfair or unlawful use of the credit card belonging to the Service Receiver by the unauthorized persons, not caused by the Service Provider’s fault, the Service User undertakes to make the payment.
The Service User accepts that he / she only shares his / her own information and documents as the person who will benefit from the Video (Doctor) Interview Service application. The Service User is responsible for sharing the information and documents belonging to another person and for all rights violations within the scope of the legislation, especially the crime of privacy violation that may occur if this occurs.
Although the documents provided by the Service Provider will be evaluated by the Service Provider in accordance with privacy, it approves the sharing within the hospital with different physicians or healthcare personnel regarding the health problems transmitted, and declares that you do not request any infringement due to these shares.
The Service User agrees and declares that the Service Provider is not responsible for any technical problem or infringement arising from the application / software / service used to access the medical files of the Service Provider to his specialist physicians. The Service Provider is not responsible for the data security, storage or sharing of the documents and information transmitted. Without the knowledge of the Service Provider, you will not have any claims regarding loss, confidentiality or sharing arising from the internet environment.
Unless you notify otherwise to the relevant institution or the intermediary software, device or vehicle to which the access is made, you are permitted to be used and stored by the institutions affiliated to our hospital for the purpose of communication studies through information, promotion and announcement.
ARTICLE 6 – RIGHT OF WITHDRAWAL
The Service Provider undertakes that the Service User has the right to withdraw from the contract by signing the contract from the date of signing of the contract until the delivery of the service without taking any legal and criminal liability and without any justification. Notice of withdrawal and other notices regarding the contract can be sent via the Service Provider contact information, which belongs to the Service Provider and specified in Article 1 above.
In order to exercise the right of withdrawal, it is mandatory to notify the Service Provider in accordance with the provisions of the legislation.
The paid service fee can be canceled up to 12 hours before the appointment time without any charge. However, for services canceled in less than 12 hours to the appointment time, the remaining amount will be refunded after the 30% service charge is charged.
ARTICLE 7 – CONDITIONS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Before the term of the right of withdrawal of the Service User expires, the Service Receiver cannot use the right of withdrawal for the contracts regarding the services that have been executed with his own consent and for the contracts regarding the service before the right of withdrawal expires.
ARTICLE 8 – PROTECTION OF PERSONAL DATA
Name, surname, e-mail address, I.D. Identification number, demographic data, financial data etc. informations; To provide services, to improve products and services, to solve systemic problems, to perform payment transactions, to use in marketing activities about the services, if approved in advance, to update the information of the BUYER and to manage and maintain the memberships, and to perform these distance sales contracts and other contracts. It can be recorded indefinitely / periodically by the presenter and its affiliates, stored in written / magnetic archives, used, updated, shared, transferable and processed with other copies.
8.2. The Service Receiver shall send SMS / text message, instant notification, automatic call, computer, telephone, e- commercial electronic communications can be made with mail / mail, fax, other electronic communication tools, and the Service Receiver has agreed to send commercial electronic messages to it.
8.3. By receiving the Service Provider through the communication channels specified, the Service User may request that data use-processing and / or communications be stopped at any time. According to the clear notification of the Service User, personal data transactions and / or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information other than what is legally required and / or possible is deleted from the data recording system or anonymized so as not to be identified. If the Service User wishes, the processes related to the processing of his personal data, the persons to whom it is transferred, the correction in case of incomplete or incorrect, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis by automatic systems, objection to the emergence of a result against him, It can always apply to the Service Provider and receive information on matters such as being processed in violation, in case of loss. The said applications will be examined and a return will be made to the Service Receiver within the legal period within the periods stipulated in the legislation.
ARTICLE 9 – TRANSFER OF COMPLAINTS AND SOLUTIONS OF DISPUTES
The Service Receiver may forward any faults, feedback or complaints regarding the delivery of the service via the phone number +90544-4020203 or at email@example.com.
In disputes related to this Agreement; Up to the value declared by the Ministry of Customs and Trade every year, the Arbitration Committees of the Provincial or District Consumer Problems in the Purchaser’s place of residence or where the residence is located, and the Consumer Courts are competent in the disputes over this value.
ARTICLE 10- DEFAULT CARE AND LEGAL RESULTS
In the event that the Service Reciever becomes default in its transactions with a credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made by the bank itself. In this case, the bank may apply to legal means; The Service Receiver accepts to pay the damages and losses incurred by the Service Provider due to the delayed performance of the debt, if the Service Receiver is in default due to its debt.
ARTICLE 11 – NOTIFICATIONS, EVIDENCE AGREEMENT AND ANNEXES
Any correspondence between the Parties under this Agreement shall be made via e-mail, except for the compulsory cases listed in the Law.
In case of disputes that may arise from this Agreement, the Service Receiver will form binding, conclusive and exclusive evidence of the Service Provider’s official books, records and commercial records, in its own database, on its servers, in the sense of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that it is in the nature of evidence contract.
The preliminary information and consent form is an annex and integral part of this Agreement. Before the contract is signed, the Service Receiver declares that he / she has been informed in detail, including the definition, presentation, generation, duration, price information, right of withdrawal and duration of the service included in the preliminary information and consent form, and accepts the contents of the Preliminary Information Form.
ARTICLE 12- VALIDITY
This Contract, consisting of 12 (Twelve) Articles, was concluded by reading by the Parties, approved by the Service User in electronic environment and came into effect immediately.