Distance Sales Contract
ARTICLE 1 - PARTIES
Trade Name: Hasan Ersöz, Thoracic Surgery Doctor’s Office
Address: Kazımdirik Mh. 184 Sk. No:63 D:1 35100 Bornova – İzmir- Türkiye
Phone: +90 532 489 96 35
E-mail: firstname.lastname@example.org, email@example.com
ARTICLE 2- SERVICE SUBJECT TO THE CONTRACT and SCOPE
This Distance Sales Contract ("Contract") was issued in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts. The parties to this Contract hereby 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 contract is the electronic approval of the purchase of prepayments of the Video (Online) Doctor Call Service, online question-answering service, or treatment services to be provided by the Service Provider, which the Service Recipient will receive through the Service Provider's www.drhasanersoz.com, www.drpectus.com or other domain names connected to the service offered ("Website") and/or online video call applications to be notified by the Service Provider and the determination of 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 contract.
Service Details: Includes one or more of the following items; Provision of Video (Online) Doctor Consultation Service, online question-answering service, or treatment service to be provided.
Date of Service: The most appropriate date and time determined by the choice of the Service Recipient and mutual agreement according to the appointment program of the physician to be selected from the branch that the Service Recipient requests service.
Pricing the Service: The pricing of the service varies according to the location and academic title of the preferred physician, and the pricing shall be based on the VAT-inclusive amounts in the detailed table in the Preliminary Information and Consent form. In case the Service Recipient is within the scope of the policy signed with the institution and the institution gives the provision, the service fee can be invoiced to the institution; in case the institution does not provide the provision, cancels it, delays it, etc., the Service Recipient shall be responsible for the payment.
Payment Method and Plan: Collected at one time by credit card through the online virtual POS application.
Invoice address: E-invoice shall be issued and sent to the above-mentioned e-mail address of the Service Recipient after the provision of the service.
ARTICLE 3- SERVICE CONTENT AND PRESENTATION
The Contract shall enter into force upon approval by the Service Recipient and shall be executed with the provision of the Service purchased by the Service Recipient from the Service Provider.
Since the online interview service and online question answering service offered under the Contract is limited to the documents you will send and the information you will convey during the interview, this service is not an alternative to the direct examination and treatment we offer in our health institution. We do not intend to diagnose and prescribe. In this regard, we would like to emphasize again that the opinions and service to be provided to you are not binding and shall never be a substitute for a direct examination. Since the opinions to be provided by our relevant physicians in online question-answering and online consultation services are only advisory, we inform you that you should evaluate these recommendations directly with your own physician or with our relevant specialist physicians.
Complaints regarding emergencies requiring medical intervention within the first 24 hours following the occurrence of sudden illness, accident, injury, brain and spinal cord injuries, traumas, loss of consciousness, severe burns, chest pain, vomiting, and similar situations are not covered by this service. We recommend that anyone experiencing these symptoms should immediately apply to the relevant Emergency Health Care Unit.
In the process of using different video communication techniques, there may be someone who can help you during the video examination method, such as another health professional or interpreter with your physician or with you, or a relative you deem appropriate. All these efforts are for your physician to ensure that standardized examination procedures are in place to ensure a patient-physician relationship with you and that you are provided with sufficient additional information.
We recommend that you evaluate the information you will obtain with our Video (Online) Doctor Consultation Service application, which will never replace traditional medical practices and is created for consultation purposes only, with your physician at your first opportunity.
The purpose of remote prepayment in the provision of surgical or non-surgical face-to-face treatment services is only to make an appointment for the patient. No refund of this fee can be requested in the event that the application is not made or is not received for any reason on the relevant appointment date. However, the remainder of the payment shall be collected on the relevant date during the treatment completion process.
The provision of services shall be organized for the day and time determined by mutual agreement by offering an option by taking into account the appointment schedule of the physician you prefer, which is suitable from the branch you request according to your availability.
Agreeing on the appointment date and time means that the purchase of the service is approved and the payment obligation arises, and after the appointment date and time are agreed upon, the Service Provider shall direct the virtual POS for payment.
ARTICLE 4 - SPECIAL CONDITIONS
The information transmitted in the content of the interview to be presented within the scope of this contract shall be recorded, a file shall be opened, and the records shall 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 submitted by the Service Recipient shall be evaluated by the Service Provider by considering privacy, it is assumed that you accept that you do not have any claim of violation of rights due to these shares that will be shared with different physicians or healthcare personnel regarding the health problems you have specified.
In the event that the physician consulted within the scope of the service offered recommends the Service Recipient to consult with another branch, the Service Recipient is not obliged to receive the service for the different branch from the Service Provider, and a separate fee shall be charged upon request.
ARTICLE 5 - DECLARATIONS AND COMMITMENTS OF THE SERVICE RECIPIENT
Service Recipient declares that he/she has read and informed this Contract uploaded by the Service Provider regarding the basic qualifications, sales price, payment method, and delivery of the service subject to the contract on the Online Payment website, the address of which shall be shared with him/her via an SMS or Email link, and that he/she has given the necessary confirmation electronically.
Service Recipient agrees to install the Video Call application, the details of which will be specified by the Service Provider at the appointment stage for the provision of the service, on the computer, phone, etc. before the service provision and to create an account to use the relevant application.
Service Recipient is obliged to ensure that their internet speed is at least 8 Mbps in order to provide uninterrupted and efficient online call service.
Service Provider cannot be held responsible for the fact that the call cannot be made at all and/or cannot be made to the expected extent due to the fact that the image quality and internet speed of the Service Recipient are not at the level specified in the contract.
Service Recipient is obliged to comply with the appointment hours in online interviews, as well as to connect to the interview room where the online interview will be held via the online application mentioned above 5 (five) minutes before the appointment time and to be ready for the interview. The service period cannot be extended due to late connection, failure to comply with the appointment time, and late establishment of the connection due to the Service Recipient, in which case the Service Provider cannot be held responsible.
If the appointment date is not kept for any reason in the service procurement made within the scope of prepayment of the face-to-face treatment service, the service period cannot be extended and the service provider cannot be held responsible in this case.
If the Service Recipient submits documents and medical records during the online interview service, he/she must have all the relevant documents ready before the interview. The Service Recipient declares that the documents and information such as tests, laboratory results, etc. declared and submitted during the provision of the service belong to him/her and are up-to-date and accurate.
In the event that the relevant 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 of the Service Recipient by unauthorized persons in a manner not caused by the fault of the Service Provider, the Service Recipient undertakes to make the payment.
The Service Recipient agrees that he/she only shares his/her own information and documents as the person who will benefit from the relevant service application, regardless of the service. Service Recipient is responsible for the sharing of information and documents belonging to someone else and for all violations of rights under the legislation, especially the crime of violation of privacy, which may occur in the event of its occurrence.
Although the documents submitted by the Service Recipient will be evaluated by the Service Provider by considering privacy, it approves the sharing with different physicians or health personnel regarding the health problems communicated and declares that you do not have any claim of violation of rights due to these shares.
The Service Recipient accepts and declares that the Service Provider is not responsible for any technical problems or violation of rights that may arise from the intermediary application/software/service used to access the medical files of the specialists of the Service Provider. The Service Provider is not responsible for data security, storage, or sharing issues arising from the sharing of the transmitted documents and information on the Internet. You will not have any claim regarding loss, breach of privacy, or sharing arising from the internet environment without the knowledge of the Service Provider.
It is deemed that you consent to the use and storage of the contact information that you provide with the Video (Online) Doctor Call Service application for the purpose of communication activities through information, promotion and announcement by the institutions affiliated with our clinic, unless you notify the relevant institution or the intermediary software, device or vehicle through which access occurs.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Service Provider undertakes that the Service Recipient has the right to withdraw from the contract by refusing the service from the date of signing the contract until the service provision without any legal and criminal liability and without any justification in online question answering or online interview services. Notification of the right of withdrawal and other notifications regarding the contract can be submitted through the contact information of the Service Provider specified in Article 1 above.
In order to exercise the right of withdrawal, Service Provider must be notified in accordance with the provisions of the legislation within this period.
The paid service fee can be canceled up to 12 hours before the appointment time without any charge. However, the remaining amount shall be refunded after 30% of the service delivery fee is collected for services canceled less than 12 hours before the appointment time.
ARTICLE 7 - CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Since there are issues that impose costs on the service provider, such as making an appointment with the relevant hospital and obtaining surgical materials, there is no right of withdrawal in prepayments for medical treatment services. It should be noted that this is a prepayment and is collected for that very reason.
Prior to the expiration of the right of withdrawal period of the Service Recipient in online question answering and online interview services, the Service Recipient cannot use the right of withdrawal for contracts for services that have started to be performed with its consent and contracts for services that have been performed before the expiration of the right of withdrawal period.
ARTICLE 8 - PERSONAL DATA PROTECTION
8.1. Information such as name, surname, e-mail address, passport information, TR ID number, demographic data, financial data, etc. of 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/permanently, stored in written/magnetic archives, used, updated, shared, transferred, and otherwise processed by the Service Provider and its affiliates for the purpose of providing services, developing products and services, solving systemic problems, performing payment transactions -if previously approved- using in marketing activities about services, updating the information belonging to the RECIPIENT and management and maintenance of memberships and performance of this distance sales contract and other contracts.
8.2. Commercial electronic communications may be made by the Service Provider for the purpose of promotion, advertisement, communication, sales, and marketing of all kinds of products and services, in accordance with the legislation, SMS, instant notification, automatic call, computer, telephone, e-mail/mail, fax, other electronic communication tools, and the Service Recipient has accepted to send commercial electronic messages to him/her.
8.3. Service Recipient may request the Service Provider to stop data use-processing and/or communications at any time by contacting the Service Provider through the specified communication channels. Personal data transactions and / or communications to the party are stopped within the legal maximum period according to the Service Recipient's explicit notification in this regard; additionally, if he/she wishes, his / her information, except for those that are legally required and/or possible, is deleted from the data recording system or anonymized in such a way that his/her identity cannot be known. Upon request, the Service Recipient may always apply to the Service Provider and obtain information about the processing of personal data and the correction of the persons to whom it is transferred in case of incomplete or inaccurate, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the occurrence of a result against him/her by analyzing the data with automated systems, and compensation in case of damage due to unlawful processing of data. Such applications shall be reviewed, and a response shall be made to the Service Recipient within the legal period within the periods stipulated in the legislation.