This Agreement is issued by taking into account the Distance Agreements Regulation published in official gazette on 27.11.2014 and Articles 48 and 84 of the Consumer Protection Law (Nr. 6502) enacted on 07.11.2013 and set a basis for the former one.
ARTICLE 1 – Subject, Parties and Definitions
This Agreement deals with delivery of consultation services by physicians written in the web site www.hisarinternational.com over the subjects also mentioned at the web site of Hisar Healthcare Services, Education, Research and Medical Device Trade Inc. (Hisar Intercontinental Hospital) (hereinafter referred to as “Consultant”). This Agreement is entered by and between Hisar Intercontinental Hospital and a real person who seeks to have Health-related counseling services by filling out the “Schedule an Online Appointment” at the web site, www.hisarinternational.com. Parties declare, agree and commit that the details written in this Agreement are correct.
Title: Hisar Sağlık Hizmetleri Eğitim Araştırma ve Tıbbi Cihaz Ticaret A.Ş.
Headquarter: Saray Mah. Site Yolu Cad. .No.7, 34768 Ümraniye –İstanbul
Phone: +90 524 13 00 – 444 5 888
E- Mail: [email protected]
ARTICLE 2- Period of Agreement
Obligations and rights of parties become valid after the client pays the consultation fee for the consultant (physician)-patient encounter by scheduling an appointment over www.hisarinternational.com in order to have the contractual services delivered and the Agreement expires when the selected service(s) is/are actually delivered.
ARTICLE 3 – Contract Price
The price to be paid for the services mentioned in this Agreement is declared in relevant service page of the web site, www.hisarinternational.com. The prices are V.A.T. included. The Client shall pay the price specified for the services selected among the options that are subject to this Agreement over the payment page of Hisar Intercontinental Hospital.
ARTICLE 4 – Rights and Obligations of Parties:
A) Rights and Obligations of Consultant (Physician) and Hisar Intercontinental Hospital
– Offering distant health counseling service, Hisar Intercontinental Hospital aims to deliver a counseling service that supports and complements the health needed by a person through audiovisual media used by the Consultant. Hisar Intercontinental Hospital provides the Clients with an agency service by offering a platform where Clients contact with the Consultant (Physician) to get the counseling service.
– When the counseling service is taken over www.hisarinternational.com, Hisar Intercontinental Hospital shall be responsible for confidentiality of name, surname, phone number and other similar personal information.
– The subjects discussed in such encounters shall be kept secret between the consultant (Physician) and the client pursuant to the principle of confidentiality.
– Identity details of the client shall be kept confidential and shall not be disclosed to third parties. They shall be disclosed only to authorized bodies, such as prosecution offices and law enforcement agencies. The voice or video call over instant messaging software shall not be recorded or they are not heard or seen by other parties, unless consent of the Client is obtained in advance.
– Considering the online payments, if credit or bank card is used illegally by anyone other than the legal holder of the card, procedures shall be started pursuant to Bank Cards and Credit Cards Law (Nr. 5464) enacted on 23.02.2006 and the Regulation on Bank Cards and Credit Cards (Nr. 26458) published in official gazette on 10.03.2007.
– The Client agrees with all messages sent to e-mail address(es) and phone(s), which are notified during subscription, by Hisar Intercontinental Hospital. In case of any change in e-mail address and phone number, this fact shall be immediately notified to Hisar Intercontinental Hospital. Otherwise, all information and updating messages shall be sent to the e-mail address and phone numbers, which are declared during subscription, by the Site.
b) Rights and Obligations of Client:
Distance consultancy service is personal in nature. The service price specified in the Site shall cover only one user and this right cannot be transferred or assigned to third party persons and institutions. Client’s spouse, sibling or any other family member or third person cannot be delivered the counseling service or use other rights of the subscription, unless it is consented by the client.
– The fee is not returned, if the client does not join the distance counseling session that can be performed in audio, visual or message format at the scheduled hour. The client shall be responsible for delays and failure to respond. In this case, the Client may not request extra time.
– The Client shall not seek refunding, unless the Client notifies the Consultant Physician or Hisar Intercontinental Hospital the cancellation of the service 2 hours in advance.
– If the failure arises out of technical problem, the Client shall not lose the right.
– The Client shall be responsible for being available on computer at appointment date and hour, which is scheduled with the consultant, being alone and ensuring quite and private environment throughout the counseling service, eliminating noise and distracting factors that may hinder the communication and taking measures to eliminate interruptions (such as phone calls etc.).
– The Client shall not save voice or video records of consultancy sessions or use such records without consent of the consulting physician.
– The Client shall be personally responsible for security of user name, access keywords, e-mail user name and keyword. The consultant physician or Hisar Intercontinental Hospital shall assume no responsibility to damages and losses arising out of use of such information by third parties.
ARTICLE 5 – RIGHT OF WITHDRAWAL (Refunding Conditions)
– Pursuant to the paragraph regulating the conditions about the services delivered in electronic media and the intangible goods instantly handed to the consumer, the distance counseling service that is performed between the Client and the Consultant Physician is no means subject to refunding.
– If you believe that you may not be able to participate in the planned interview, you are expected to cancel the appointment 2 hours in advance. Your right will be lost, if the appointment is cancelled within 2 hours to the interview or if you fail to notify us. If the cancellation request is notified at least 2 hours before the appointment, a new appointment can be scheduled or the price is fully refunded.
ARTICLE 6 –Notices and Disputes
– Parties agree, represent and commit that the headquarter address, Saray Mah Site Yolu Cad No 7, 34768 Ümraniye –İstanbul , the electronic mail address specified at the web site, www.hisarinternational.com, and the e-mail address to be notified by the Client shall be deemed legal residence address of the parties for any notices allowed or required by the Agreement.
– Consumer Arbitration Committees and Consumer Courts shall be competent to settle all disputes arising out of this Agreement or its performance according to the monetary limit specified in relevant legislation. Istanbul Courts and Execution Offices shall be solely competent on final resolution of disputes according to the monetary limit.
– This Agreement is duly read, understood and signed by both parties. Signing the Agreement shall imply that the application is sent to Hisar Intercontinental Hospital on internet. Hisar Intercontinental Hospital may add new articles and/or paragraphs and remove or amend existing ones, if deemed necessary. The Client declares and commits that such amendments are accepted in advance.
ARTICLE 7 – STIRAGE OF INFORMATION AND DOCUMENTATION
Hisar Intercontinental Hospital is obliged to retain all information and documentations of all procedures pertaining to its obligations on right of withdrawal, information, delivery and other issues for 3 years.
ARTICLE 8 – VALIDITY
This Agreement that consists of 8 (EIGHT) articles takes effect immediately, after it is read on electronic media and signed by the Client.