Membership Agreement for Patients

Membership Agreement for Patients

Article 1. Parties

This User Agreement (“Agreement”) is concluded between DHT Digital Health Technologies Inc. (“Company”) and the patient/client who registers as a user (“User”) to the Doktor Evinizde application (“Application”) located at www.doktorevinizde.bilimpklinik.com. The Agreement will enter into force upon its acceptance by the User electronically and will continue to be in force unless terminated by the parties in accordance with the procedures specified in the Agreement.

Article 2. Subject and Scope of the Agreement

This Agreement is concluded for the purpose of determining the terms and conditions and the rights and obligations of the parties regarding the use of the application (“Doktor Evinizde”) accessed through the Company’s address www.doktorevinizde.bilimpklinik.com (“Doktor Evinizde”) and the data (“Content”) uploaded to doktorevinizde.bilimpklinik.com by the User. The terms of use, rules and conditions provided to the Users by the Company regarding the use of the Application are also an annex and an integral part of this Agreement and constitute the entire rights and obligations of the parties together with the rights and obligations herein.

Article 3. Membership, Service Type and Definition

The application enables users who have the title, authority and qualifications of a doctor, psychologist and dietician (“Health Professionals”) to create appointments for the provision of remote health services, consultation and consultancy services in accordance with the relevant legal regulations within the scope of the Regulation on the Provision of Remote Health Services.

In order to become a member of the Application, your name, surname, e-mail address, telephone number, date of birth, gender, and Turkish Republic Identity Card information must be correctly specified in the relevant membership form.

The User is responsible for keeping all information up-to-date in the forms filled out by you in your membership account on the application and delivered to us upon the request of Health Professionals. The User accepts that Health Professionals make all their evaluations based on the up-to-dateness of this information.

The user accepts that the medical diagnosis to be received is limited and valid in line with the information and data provided to him/her.

The User acknowledges that the Services provided by the Service Provider are different from the medical service received through a face-to-face examination. The Company declares that the Health Professionals providing service at Doktor Evinizde do not have the opportunity to personally examine and evaluate the physical condition.

Evaluations are made through the application in line with the information received from the User. Therefore, some critical points that may be seen during the physical examination and may affect the diagnosis and thoughts may not be evaluated. Although the Health Professionals providing service through the application are in constant contact with you for the information they need in order to minimize these risks and fully understand the situation, the mentioned risk always exists. The Company declares that it has clearly notified and acknowledged this issue.

When the User decides to benefit from the services of the Application, he/she is deemed to have accepted the scope, limits and risks of the service. He/she also accepts and undertakes that the Application does not guarantee any result or treatment regarding the User's health condition verbally or in writing.

Article 4. Rights and Obligations of the Parties

The User declares that he/she is aware that in order to benefit from Doktor Evinizde, he/she must approve this Agreement by providing the information requested by the Company in a complete, accurate and up-to-date manner. In the event of any change in the information provided during the establishment of the user status, the said information will be updated immediately by the User. The Company is not responsible for the inability to access and benefit from the DoktorEvinizde application due to the incomplete or incorrect provision of this information or its being out of date.

The User declares and undertakes that the personal and other information provided before using the Application is true and correct before the law and that he/she will keep this information up to date, and that he/she will compensate the Company immediately for all damages it may incur due to the inaccuracy of this information.

The User will log in to the application using the Doktor Evinizde username and password. The User will be responsible for protecting the confidentiality and security of this password, and any activity performed using the information in question via Doktor Evinizde will be deemed to have been performed by the User, and any legal and criminal liability arising from these activities will belong to the User. The User will immediately notify the Company if they become aware of any unauthorized use of their password or any other breach of security.

The Company will store and use the information and data shared with it by the User within the scope of the “Privacy Policy” which is an annex to this Agreement. The User accepts that the Company may share the User’s information with the relevant authorities upon request from the competent authorities in accordance with the applicable legislation.

Information regarding the User and the transactions performed by the User via Doktor Evinizde may be used for the security of the User, the fulfillment of the Company's obligations and for some statistical evaluations provided that the confidentiality of the personal data of the User or any of its personnel is not violated. The User accepts that the Content and other information may be stored by the Company in data centers located in Turkey.

The Parties accept, declare and undertake that they will act in accordance with all data protection legislation in force throughout the term of this Agreement in all matters that may arise regarding Personal Data within the scope of this Agreement.

The User accepts and guarantees that the Personal Data he/she has transferred/will transfer or will access to the Company during the execution of the Agreement has been collected in accordance with the applicable data protection laws and regulations and that all obligations stipulated by the legal legislation regarding the transfer to “Doktor Evinizde” and/or storage of information by the Company as the data processor have been fulfilled (information, explicit consent, etc.).

In case of technical problems with the Application, the User shall make reasonable efforts to identify and diagnose the problem before contacting the Company. If the User continues to need technical support, the necessary support will be provided by the Company, the Application or other appropriate channels.

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

The User accepts, declares and undertakes that he/she will not give the password he/she uses to access the Application to any other person or organization, that he/she will use it personally, that the transactions made with his/her username and password are carried out by him/her, that he/she will not raise any defense and/or objection claiming that he/she did not carry out the transactions and transactions carried out in this way and/or that he/she will not refrain from fulfilling his/her obligations based on this defense or objection, and that he/she will hold the Company harmless against all liabilities that may arise due to the violation of this article and all claims and demands that may be brought against the Company by third parties or authorized authorities.

In case the User violates this Agreement in any way, the User shall be solely responsible for any and all criminal and legal liabilities arising from the violation, and shall hold the Company harmless from the legal and criminal consequences of such violations and shall immediately compensate the Company for any damages it incurs.

Article 5. Appointment and Payment Conditions

Membership to the Application is free. Persons wishing to become members of the Application must approve this Agreement and fill in the requested information accurately and up-to-date. By completing the membership process, the User accepts the Membership Agreement and the Application terms of use.

The User may make an Appointment with the Health Professionals in the Application, at his/her sole discretion. The User will select the Health Professionals with whom he/she wishes to make an Appointment via the Application. Transactions to be made within this scope are subject to a fee to be determined by the relevant Health Professionals.

Payment will be made when the appointment is created. The User can make cancellations or changes through the Application until the appointment time. In case of cancellations and changes, the following provisions will apply;

In case the appointment is cancelled by the User and/or the time and/or date is changed;

If there is 2 hours or more until the appointment, the entire fee will be refunded to the User within 7 business days.

If the appointment is not cancelled or changed by the time specified above, no refund will be made to the User.

If the appointment is cancelled for any reason not caused by the User, the payment made by the User will be refunded to the User within 3 business days.

The payment made by the User for the Appointment covers only the consultation/consultancy/examination services. The User will not be required to make a separate payment to the Health Professionals for the consultation/consultancy/examination fee within the scope of the Appointment.

Article 6. Intellectual Property Rights

All rights, property and interests in Doktor Evinizde and the Application belong to the Company. No provision in the Agreement and other terms and conditions regarding Doktor Evinizde can be interpreted as transferring the rights and interests regarding the Application to the User.

Within the scope of this Agreement, the User grants the Company the right to use, copy, transmit, store and back up the information and Content for other purposes related to the User's access to the Application, use of the Application and provision of services.

The User does not have the right to copy, modify, reproduce, reverse engineer, decompile or access the source code of the software on Doktor Evinizde or create a processed work from Doktor Evinizde in any way or for any reason. Any modification of the browser and content related to Doktor Evinizde is prohibited.

The Application may contain links to other websites belonging to third parties. The Company is not responsible for the content of the linked websites and has no obligation to check their accuracy, quality or currency. The User will access these sites at their own risk.

The User shall not use the trade name, trademark, service mark, logo, domain name, etc. of the Company (or its affiliates) in any way.

The Company has the right to change the names and locations of the tools included in the Application.

The User accepts, declares and undertakes that he/she will not use the Application in any way and under any circumstances that would disrupt public order, be against general morality, disturb or even harass others, for an illegal purpose, in a way that would infringe on the intellectual and copyright rights of others, and will not engage in any activity that would prevent or make it difficult for others to use the Application.

The User agrees in advance not to claim compensation from the Company for any damage he/she may suffer due to using the Application.

The User accepts and undertakes not to access or use the data and information of other users and Health Professionals that are not available to him/her without permission, otherwise the legal and criminal liabilities arising from this will be entirely the responsibility of the User.

Article 7. Limitation of Liability

Although Doktor Evinizde is a usable and up-to-date program, the Application, software and other content within its scope are provided “As Is” and in this context, the Company has no responsibility or commitment regarding the accuracy, completeness and reliability of the Application, software and content. The User also understands and accepts that the Company does not make any commitment regarding the relationship between the Content and other User data.

The Company does not guarantee that the use of the Application will be uninterrupted or error-free. The Company aims for the Application to be accessible and usable 24/7, but does not provide any guarantee regarding the functionality and accessibility of the systems that provide access to the Application.

The Company makes various updates to the application as it deems necessary and offers such updates to its users. The User accepts that access to the Application may be blocked or interrupted from time to time. The Company is not responsible in any way for such blocking or interruptions.

The User accepts that access to and the quality of the Applications offered through Doktor Evinizde depend largely on the quality of the service provided by the relevant Internet Service Provider and that the Company has no responsibility for problems arising from the said quality of service.

The User is solely responsible for the content and data uploaded and the use of the Doktor Evinizde and the application. The User accepts that the Company is not responsible for any claims and demands (including litigation costs and attorney fees) that may be made by third parties regarding intellectual property violations, content, application and the use of the Doktor Evinizde.

Article 8. Entry into Force and Termination of the Agreement

This Agreement will enter into force upon approval by the Company and the User on the www.doktorevinizde.bilimpklinik.com page and will remain in force unless terminated by either party as stated below.

Either party may terminate this Agreement at any time, without giving any reason and without paying any compensation, by giving a written notice 1 (one) week in advance to the e-mail address provided by the other party.

Termination of the Agreement will not eliminate the rights and obligations of the Parties that have arisen up to the date of termination.

The Company has the right and obligation to store the Content and Data in databases as long as this Agreement is in force.

Article 9. Miscellaneous Provisions

The invalidity, illegality or unenforceability of any provision of this Agreement or any expression contained therein will not affect the force and validity of the remaining provisions of the Agreement.

This Agreement is a whole with its annexes. In case of any conflict between the Agreement and its annexes, the provisions in the relevant annexes shall prevail.

The User will be contacted via the e-mail they provided during registration or via general information on Doktor Evinizde. Communication via e-mail replaces written communication. It is the User's responsibility to keep their e-mail address up to date and to regularly check Doktor Evinizde for information.

Force majeure events are events that are not due to the Company's own negligence and are beyond its control, including changes in legal regulations, natural disasters, epidemics, war events that make the performance of the Agreement impossible, and that prevent the fulfillment of the rights and obligations subject to this Agreement, and that are not due to the Company's own negligence. The Company cannot be held responsible for its failure to fulfill its obligations arising from this Agreement due to Force Majeure.

This Agreement, consisting of 9 (nine) articles, has entered into force as of the moment the User reads all its provisions and approves them electronically.