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CONTRACT ON ONLINE APPOINTMENT AND PERFORMANCE OF SERVICES

1. PARTIES                  :

The parties to this "Contract for Online Appointment" (hereinafter referred to as the “Contract" are the real person who made an appointment by filling out the appointment form on the Website (hereinafter referred to as the "Patient") and ULTRA EMAR SAĞLIK MERKEZİ LTD. ŞTİ (hereinafter referred to as “HOSPITAL”).

In this contract, the Patient and the HOSPITAL are referred to as separately "Party" and jointly as the "Parties".

1. SUBJECT                 :

The rights and obligations of the parties regarding the patient's making an appointment by filling out the appointment form on https://payment.bnchealthcare.com and the HOSPITAL providing the healthcare service/services to the Patient after this appointment constitute the subject of this Contract.

1. TERM                                   :

This Contract begins with the Patient making an online appointment through the HOSPITAL system and ends with the appointment, that is, the provision of the service by the HOSPITAL, if it is not terminated for any reason.

1. PRICE                       :

The cost of the service/services to be provided by the HOSPITAL upon the creation of an online appointment by the patient is the fee specified for the relevant service in the Hospital system. The patient will make the fee specified in the service he will choose while creating an appointment, by following the necessary steps in the HOSPITAL system and by being directed to the payment page in the system. If the service fee is not paid or cancelled by the bank, the HOSPITAL's obligation to provide service ceases.

1. RIGHTS AND LIABILITIES OF THE PARTIES                     :

1. The patient accepts by accessing and using the HOSPITAL system, the binding nature of all other conditions and changes of the HOSPITAL Website, especially the terms of this Contract. He/she also accepts all kinds of conditions regarding privacy, including the Personal Data Protection Policy.
2. The HOSPITAL is obliged to provide the online platform that the PATIENT can use within the scope of this Contract.
3. No content on the HOSPITAL Website can be considered as medical advice or an acknowledgment that any treatment or medication is safe, appropriate and effective for the PATIENT, or as a guarantee of well-being.
4. The patient accepts, declares and undertakes that the information given to the HOSPITAL during the use of the HOSPITAL services, including online appointments, is always correct, accurate, valid and complete.
5. The services subject to this Contract are carried out according to the principle of confidentiality. The patient's identity information is kept confidential and is not shared with third parties.
6. The HOSPITAL takes the necessary measures regarding the confidentiality and security of personal data and makes serious efforts to ensure the confidentiality of personal information. The information on the processing, storage, transfer, rights and other issues of personal data is specified in the Clarification Text of the Law on the Processing of HOSPITAL Personal Data in the system.
7. As part of providing the services, the Patient's explicit consent will be requested for informational promotion, service announcement, marketing activities, excluding appointment reminders, privacy warnings, and similar communication methods for messages regarding the use of the system.
8. The documents, notes and all data obtained or produced regarding the online appointment booking subject to this contract are stored on secure and encrypted servers provided by the HOSPITAL for the required periods.
9. In online payments, if the card is used unlawfully by someone other than the holder, the transaction is carried out in accordance with the provisions of the relevant legislation.
10. The Patient accepts, declares and undertakes that the e-mail, telephone and address information he/she has given while using the HOSPITAL system and/or making an appointment are correct and up-to-date contact information, and that the HOSPITAL will communicate with the Patient within the scope of the services subject to this Contract within the scope of this contact information. If there will be a change in this contact information, the Patient will inform the HOSPITAL of the updated information. Otherwise, all information messages by the HOSPITAL will continue to be sent to the declared e-mails and phones.
11. The patient information can be anonymized by the HOSPITAL and used for academic purposes.
12. It is necessary to be of age (over 18 years of age), not to be in a situation that may prevent him/her from taking and implementing his/her own decisions, to not have a situation that may require legal guardianship, and not to be in breach of the provisions of this contract from the outset for any other legal reason in order to receive the services subject to this Contract. The Patients under the age of 18 can receive contractual services through their parents or guardians, with their contact information and their participation.
13. The patient must be ready at the HOSPITAL on the day and time of the appointment. In online appointments, which are the subject of this contract, the paid deposit and fee will not be returned to the Patient, even if the patient has not come or benefited from a service, because the practice and/or the doctor who will perform the operation, equipment, devices and other healthcare professionals will be present at the given appointment time and the given hour is reserved for the Patient. The HOSPITAL does not bear any responsibility for missed or late appointments due to technical and all other reasons arising from the Patient.
14. The patient is responsible for ensuring the confidentiality and security of the computer and/or phone that he/she will use for the online appointment process. The patient is fully responsible for the security of his/her e-mail, telephone and address information. The HOSPITAL is not responsible for any damages that may arise due to the transfer of the said information to third parties.
15. The HOSPITAL reserves the right to take all actions that it deems necessary and reasonable for the security of the system.

1. RETURN CONDITIONS   :

In the case of online appointments, which are the subject of this contract, if the health service cannot be provided to the patient on the specified day due to technical and other reasons arising from the HOSPITAL and force majeure, at first a new appointment will be made. If it is not possible to assign a new appointment, the HOSPITAL is obliged to return the collected fee to the PATIENT.

1. CONFIDENTIALITY                    :

The parties agree that visual, verbal, electronic or written transactions and legal, financial, contractual technical data, medical information and other documents that they will learn about the other party during the performance of this Contract will be kept confidential for an indefinite period even if the validity of this Contract expires. They accept, declare and undertake that they will not disclose this information to third parties unless there will be a legal obligation, and that they will not share this information anywhere. Unless expressly stated in the Contract, the parties accept, declare and undertake that they will not disclose, explain or use confidential information in any way to third parties without the prior written consent of the other party. Otherwise, the party using the confidential information will be liable to compensate for any damages incurred by the other party.

1. PROTECTION OF PERSONAL DATA              :

The parties accept, declare and undertake that during the exercise and fulfillment of the rights and obligations in this Contract, all activities related to the processing of the personal data transferred by the Parties to each other or obtained on behalf of the other Party will comply with the Personal Data Protection Law No. 6698 (“KVK Law”), the relevant secondary legislation, the decisions of the Data Protection Board and all kinds of legislation and regulations that will come into force regarding the protection of personal data. The Parties accept and declare that they obtain, process and transfer the personal data to be transferred to the other Party in accordance with the procedures and principles in the KVK Law, the relevant regulatory procedures, and the provisions on the protection of personal data in the relevant legislation. Additionally, the Parties accept and declare that the owners of the relevant personal data are informed in accordance with the procedures and principles in the KVK Law, the relevant regulatory procedures, the provisions on the protection of personal data in the relevant legislation, and that the explicit consent of the data owners is obtained if the conditions require.

1. BREACH OF CONTRACT, GOVERNING LAW AND COMPETENT COURT :

1. If the patient violates the provisions of this Contract, the HOSPITAL has the right to block access to the system and/or close his/her account.
2. If the patient violates the terms of this contract and acts contrary to the contract, the HOSPITAL is not obliged to provide any kind of service.
3. If the Patient acts contrary to this contract and takes action against the HOSPITAL, the HOSPITAL will collect the damage from the Patient and reserves its right to any lawsuit, demand and complaint.
4. If third parties suffer damage due to the violation of this contract and/or other rules and policies in the HOSPITAL system by the Patient, the Patient accepts, declares and undertakes to compensate the HOSPITAL for direct and indirect damages and damages that may be directed to the HOSPITAL due to all damages, compensation and related expenses.
5. If a conflict arises due to this Contract or the use of the system, this conflict will be resolved through good faith negotiations between the parties. If it is not possible to resolve the dispute as a result of mutual negotiations, the Laws of the Republic of Turkey will be applied to the dispute and Izmir Courts and Enforcement Offices will be authorized to resolve the dispute.
6. This contract, which consists of 9 main articles and their clauses, was read by the parties and concluded by deciding that it was read and approved by the patient in the electronic environment and entered into force immediately.