1. PARTIES
1.1. This Membership and Usage Agreement, ("Agreement") is executed between Terappin Teknoloji Anonim Şirketi ("Terappin" or "Platform") and the person who is a member of the Platform ("Client").
1.2. Terappin and the Client shall individually be referred to as a "Party" and collectively as the "Parties".
2. DEFINITIONS
2.1. Terappin and/or Platform: Refers to the Terappin Teknoloji A.Ş. website and mobile application, which offers Intermediary services for Consultation Services by bringing the Consultant and the Client together on the https://terappin.com/ website and the mobile application downloadable from the App Store and Google Play Store under the name Terappin Online Expert Psychologist.
2.2. Client: The person who is a member of the Platform.
2.3. Consultant: A person who has completely filled out their personal and professional profile information via the Consultant registration system on the Terappin application and/or Platform, holds one of the professional titles listed below, is legally authorized to provide the service, and wishes to offer services to Clients online, only within the scope of their area of expertise:
2.3.1. Psychiatrist: A health professional who is a graduate of a Faculty of Medicine, has completed specialized training in Mental Health and Diseases in accordance with Law No. 1219 on the Manner of Practice of Medicine and Allied Arts, proves this specialization title with relevant official documents, and is authorized to conduct private professional practice under the Regulation on the Conduct of Private Professional Practice by Health Professionals.
2.3.2. Clinical Psychologist: A health professional who has successfully completed a Master's degree in Clinical Psychology following a Bachelor's degree in Psychology, holds the title "Clinical Psychologist" pursuant to subparagraph (a) of Provisional Article 13 of Law No. 1219, and meets the legal requirements for private professional practice.
2.3.3. Dietitian: A health professional who has completed a Bachelor's program in Nutrition and Dietetics and is authorized to provide services to individual clients in accordance with the Regulation on the Conduct of Private Professional Practice by Health Professionals.
2.3.4. Physiotherapist: A health professional who has graduated from a Bachelor's program in Physiotherapy and Rehabilitation, is authorized to offer individual assessment and consultation services, and is authorized for private professional practice under the relevant legislation.
2.3.5. Yoga / Pilates Instructor: A professional who provides guidance based solely on lifestyle, body awareness, and exercise, without providing healthcare services, and holds valid national/international instructor certificates and/or a professional qualification certificate recognized by the Vocational Qualifications Authority (MYK) in this field.
2.4. Consultation Service: Refers to the online consultation service to be provided by bringing the Consultant and the Client together via the Terappin application. This service includes providing professional consultation and guidance support to the Client, tailored to their individual needs, based on the Consultant's areas of expertise. For the avoidance of doubt, "Remote Health Service" is also included within the scope of Consultation Service.
2.5. Membership Requirements: The qualifications that the Client must possess to become a member of the Platform and benefit from the services. The details of these qualifications are specified in Article 9 titled "Membership Requirements" of the Agreement, and the Client must fully meet these qualifications to benefit from the Consultation Service.
2.6. Consultation Package: Refers to the Session package selected by the Client with a specific Consultant, within the scope of appropriate pricing options.
2.7. Session: Refers to the online one-on-one meeting conducted by the Consultant and the Client through the Platform within the scope of the Consultation Service. The Session covers assessment, consultation, guidance, or support services provided by the Consultant only within the limits of their professional competence and authorization, based on their area of expertise and legal authority.
2.8. Instant Request Session: Refers to an online one-on-one meeting conducted when the time remaining until the scheduled service time is less than 1 (one) hour from the moment the Client pays for the Consultation Service session through the Platform.
2.9. Remote Health Service: Refers to remote healthcare services provided in the field of Mental and Neurological Diseases, carried out in accordance with the Regulation on the Provision of Remote Health Services and current secondary legislation, by bringing the Psychiatrist and the Client together via the Platform.
2.10. Remote Health Service Session: Refers to the online one-on-one meeting conducted by the Psychiatrist and the Client through the Platform within the scope of the Remote Health Service. The subject of these meetings may be a psychotherapy session or an examination appointment. Under this Agreement, the Remote Health Service Session will be offered for sale as single sessions, not as a package.
2.11. Instant Request Remote Health Service Session: Refers to a Remote Health Service Session for which the time remaining until the scheduled session time, set by the Client through the Platform, is less than 1 hour from the time of payment.
3. SUBJECT MATTER AND PURPOSE OF THE AGREEMENT
3.1. The subject matter of this Agreement is to determine the relationship established between Terappin and the Client upon the Client's membership in the Platform, the terms of the Intermediary Platform service to be provided by Terappin, the scope of the Consultation Service the Client may receive, and the rights and obligations of the Parties.
3.2. The purpose of this Agreement is not to encourage or enable the use of online treatment methods instead of face-to-face treatment in emergencies. In case of emergencies, immediate recourse to the nearest health institution or emergency service is required.
4. DURATION, SCOPE, AND SUBJECT MATTER OF THE AGREEMENT
4.1. This Agreement shall commence upon the Client's membership in the Platform and remain in force until the termination of the Agreement.
4.2. The subject matter of the Agreement is to regulate the conditions of the service relationship to be established between Terappin and the Client, and the scope of the services to be provided, upon the Client's request to benefit from the services offered via the Platform following their membership. Within this scope, online professional services such as psychological counseling, remote health service, dietitian service, yoga and pilates instruction, and physiotherapy services may be offered to the Client through Terappin.
4.3. The purpose of this Agreement is not to encourage or enable the use of online treatment methods instead of face-to-face treatment in emergencies. In case of emergencies, immediate recourse to the nearest health institution or emergency service is required instead of Remote Health Service.
4.4. The Agreement shall terminate upon the closure/cancellation or termination of the Client's membership in any manner.
4.5. This Agreement is limited solely to the Client's utilization of services offered via the Platform and does not cover any service received outside the Platform.
5. GENERAL PROVISIONS
5.1. The responsibility for any information, documents, services, writings, statements, and similar shares made through the Platform belongs to the Client or Consultant making these shares, and Terappin has no oversight or responsibility regarding the contents.
5.2. Terappin conducts an intermediary activity by bringing together, online, the Client who cannot receive face-to-face service due to temporal, spatial, or other reasons, or who prefers to receive online consultation service, and the Consultant who wishes to provide Consultation Service by utilizing Platform services.
5.3. The Parties acknowledge, declare, and undertake that Terappin provides an intermediary service within the scope of the Platform service, and that Terappin has no right or obligation regarding the Consultation Service to be provided by the Consultant to the Client and the content of this Consultation Service.
5.4. The Client has the right to remain anonymous during the service received from the Consultant through a pseudonym of their choice. However, this right is only valid for services where identity verification is not legally mandatory. In consultations within the scope of health services such as Mental Health Services, dietetics, and physiotherapy, Client identity verification may be required in accordance with the relevant legislation. Terappin reserves the right to carry out identity verification and determination procedures in such cases.
5.5. The relevant fee must be paid before the Client can make a Session appointment.
5.6. In case of failure to adhere to the appointment times, a refund will not be possible. Accordingly, the Client acknowledges and declares that the Client who is late or fails to attend the appointment will not be entitled to additional time, a refund, or any other remedy.
5.7. Appointments can be cancelled, but the cancellation will only take effect if notified no later than 24 hours before the appointment time. No refund will be made for cancellations made outside this period or for any other reason. The Client declares that they understand and accept this regulation.
5.8. If there is an error in the service features or price information on the Platform, it may be possible for Terappin to update with a correction or cancel the service by providing the necessary information. The Client declares that they understand and accept this regulation.
5.9. The Consultant has authorized Terappin to accept the fees to be paid in return for the Agreement on their behalf and account, and the Client's payment obligation shall cease upon payment being made to Terappin in its capacity as a representative. For payment transactions, Terappin has the opportunity to work with the payment service providers it prefers, who are deemed authorized by law.
5.10. If Clients wish to purchase a Consultation Package to continue their sessions with a specific Consultant, they can purchase three different Consultation Packages: 4 Session Package: 8 weeks (56 days), 5 Session Package: 10 weeks (70 days), and 10 Session Package: 20 weeks (140 days). Consultation Package fees will be announced on the Platform and may differ for each Consultant, and Terappin reserves the right to change these fees. Terappin reserves the right to change the scope, validity periods, number of Sessions, and fees of the Consultation Packages. These changes will be valid from the date they are announced on the Platform. Clients will be able to continue using their existing rights within the scope of the Consultation Package purchased before the change, within the specified period.
5.11. Upon the expiration of the Consultation Package period, all unused Session rights will expire. Clients can use the Sessions at any intervals they wish regarding the frequency of use of the Sessions. However, the Consultant's availability and the Session frequency deemed appropriate by the Consultant depending on the Client's needs will be determinant in scheduling the Sessions. The Parties acknowledge, declare, and undertake that they will comply with the terms specified in the Usage Agreement in this regard and that Terappin has no responsibility regarding the frequency of the Sessions, and that the matter will be jointly determined between the Consultant and the Client. For the avoidance of doubt, the Consultant has the right to refuse consecutively requested Sessions (e.g., requesting a Session at intervals of a few days or requesting multiple Sessions within a week). The Client cannot hold Terappin or the Consultant responsible for Session losses incurred due to this reason.
5.12. If the Session Package is not used within its duration, the Client will lose their Session rights as of the end date of the period. The Client acknowledges and declares that in case of such a loss of rights, no right will accrue for unscheduled Sessions, and the fees paid for the Session Package related to unscheduled Sessions will not be refunded.
6. PROVISIONS REGARDING PSYCHIATRIST SERVICES
6.1. Terappin conducts an intermediary activity that complies with the directives and standards of the Remote Health Information System ("RHIS") by bringing together, online, the Client who cannot receive face-to-face health service due to temporal, spatial, or other reasons, or who prefers to receive Remote Health Service, and the Psychiatrist who wishes to provide Remote Health Service by utilizing Platform services.
6.2. The Parties acknowledge, declare, and undertake that Terappin provides an intermediary service within the scope of the Platform service, and that the obligations of the Psychiatrist regarding the Remote Health Service to be provided to the Client are limited to the extent specified in Article 6 of this Agreement.
6.3. Following the Client's request to receive the Remote Health Service regulated under this Agreement, the Platform shall take measures to verify the Client's identity. These measures are as follows:
6.4. The Client can only access the Remote Health Service through the account created on the Platform.
6.5. If the Psychiatrist doubts the Client's identity, they may request the Client to show their official identification document via camera. In the event of non-compliance with this request, the Psychiatrist has the authority not to commence the Remote Health Service or to terminate an ongoing service.
6.6. The Client acknowledges that the identity verification process is mandatory for both the security of the service and compliance with the relevant legislation. The Client acknowledges, declares, and undertakes that in the event of non-compliance with the identity verification request: the Psychiatrist has the right not to commence the service or to terminate the existing service, and if the service is terminated due to non-compliance with the identity verification request, the fee for the Session will not be refunded, and that this regulation aims to ensure the legal security of the platform and the relevant health service provision processes.
6.7. In case of failure to adhere to the appointment times, a refund will not be possible. Accordingly, the Client who is late or fails to attend the appointment acknowledges and declares that they will not be entitled to additional time, a refund, or any other remedy.
6.8. Appointments can be cancelled, but the cancellation will only take effect if notified no later than 24 hours before the appointment time. No refund will be made for cancellations made outside this period or for any other reason. The Client declares that they understand and accept this regulation.
6.9. If there is an error in the service features or price information on the Platform, it may be possible for Terappin to update with a correction or cancel the service by providing the necessary information. The Client declares that they understand and accept this regulation.
6.10. The Psychiatrist has authorized Terappin to accept the fees to be paid in return for the Agreement on their behalf and account, and the Client's payment obligation shall cease upon payment being made to Terappin in its capacity as a representative. For payment transactions, Terappin has the opportunity to work with the payment service providers it prefers, who are deemed authorized by law.
6.11. The responsibility for any information, documents, services, writings, statements, and similar shares made through the Platform belongs to the Client or Psychiatrist making these shares, and Terappin has no oversight or responsibility regarding the contents.
6.12. The identity, expertise, and professional competence of the Psychiatrist will be made accessible to the Client through the Platform.
6.13. The Client acknowledges, declares, and undertakes that they have been informed by the Platform about the following matters before the provision of the Remote Health Service under this Agreement, and that they understand these matters:
6.13.1. The Psychiatrist will not be physically present in the environment where the Client is located during the provision of the service.
6.13.2. The Remote Health Service is not an exact equivalent of face-to-face health service, and there may be differences between these two service types.
6.13.3. The Remote Health Service exhibits different characteristics from applied treatments and is not in this category.
6.13.4. The Remote Health Service cannot be used in a manner that would disrupt an ongoing treatment.
6.13.5. In medical emergencies, recourse to the nearest emergency service is required instead of the Remote Health Service.
6.13.6. The fee for the Remote Health Service, the scope of the service, and whether the service is covered by any health insurance.
6.13.7. No audio or video recording will be made regarding the provision of the Remote Health Service without the explicit consent of the Parties; however, records relating to the health service received will be kept in accordance with the legislation on the processing of personal health data, and these records will be transferred to the Ministry of Health's information system.
6.13.8. Permission for camera and microphone access to the Platform is required to commence the provision of the Remote Health Service.
6.14. The Client has the right to change the Psychiatrist from whom they receive service or to terminate their Platform membership at any time. In this context, the changes or membership cancellation procedures carried out by the Client will be performed in accordance with this Agreement and the Platform's usage rules.
6.15. Content to be offered by Terappin on the Platform will be provided on an "as is" basis. The Client acknowledges, declares, and undertakes that they cannot make any claim against Terappin on the grounds that the content on the Platform is incomplete, erroneous, or does not meet their expectations.
6.16. The Client acknowledges, declares, and undertakes that they are aware of the following matters regarding the Remote Health Service provided by the Psychiatrist through the Platform:
6.16.1. Remote Health Service does not substitute face-to-face Health Service.
6.16.2. The Client is obliged to share all information that must be taken into account during the Remote Health Service to be provided by the Psychiatrist, including past illnesses, current health status, and medications used, completely, accurately, and timely. In case the Client violates this obligation, the resulting damage and liability shall belong to the Client and/or the Psychiatrist in proportion to their fault. In this context, the Client acknowledges, declares, and undertakes that the Platform, which only provides intermediary service, shall have no legal or financial responsibility.
6.16.3. The Client declares and undertakes that they fully meet the Membership Requirements specified in Article 9. The Client accepts that if it is determined that they do not meet these requirements, service will not be provided to them, they will be exclusively responsible for all damages that may arise due to this reason, and the Platform assumes no responsibility in this regard.
6.16.4. To benefit from the Remote Health Service, the fee for the health service specified on the Platform must first be paid. The Client acknowledges, declares, and undertakes that the fee on the Platform may be unilaterally updated at any time.
6.16.5. The Client undertakes to allow the Platform to carry out the procedures for identity verification to benefit from the Remote Health Service. Otherwise, the Client acknowledges and declares that the Remote Health Service cannot be provided.
6.16.6. While providing the Remote Health Service, the Psychiatrist takes necessary measures to verify the identity of the person receiving the service and may request the official identification document to be shown via camera if they doubt the Client's identity. The Client is obliged to comply with the requests directed by the Psychiatrist for identity verification. The Client accepts and declares that the Psychiatrist has the authority not to commence or to terminate the service if identity verification cannot be performed when the Client's identity is doubted.
6.16.7. The Client is obliged to comply with the Psychiatrist's identity verification request when receiving the Remote Health Service. The scope of this request includes showing the identification document via camera. The Client accepts that the service cannot be commenced or may be terminated if the request is not fulfilled.
6.16.8. The Client is obliged to inform the Psychiatrist if a third party is present in the environment during the provision of the Remote Health Service.
6.16.9. The Client acknowledges, declares, and undertakes that they understand that the Remote Health Service may be terminated unilaterally at any time if medical necessities or legal reasons exist.
6.17. In case of a lacuna regarding the Client's obligations within the scope of this Agreement, the provisions of the Terappin Client Usage Agreement shall be applied by analogy to Remote Health Services.
7. RIGHTS AND OBLIGATIONS OF THE PLATFORM
7.1. Terappin reserves the right to change or remove any content or in-app services on the Platform without the need for prior notification.
7.2. Terappin only provides Platform services. No guarantee or quality promise is given by Terappin regarding the content, quality, or nature of the service to be provided by the Consultant, and liability cannot be directed to Terappin based on such a reason. The Consultant is personally responsible for damages arising during the Consultation Service or Remote Health Service due to the Consultant's fault, and the Client has no right of recourse against Terappin for any reason.
7.3. Consultant information published within Terappin is filled out by the Consultant themselves, and Terappin has no responsibility regarding the accuracy or up-to-dateness of the information. Necessary changes will be made without delay if the current and correct version of the information is notified.
7.4. Advice, treatment, referral, suggestion, or similar conduct provided by the Consultant shall in no way be binding on Terappin nor shall be deemed a source of responsibility.
7.5. Terappin undertakes to take all measures for the security of the software it uses and to remedy possible deficiencies and vulnerabilities that may arise over time. However, due to the nature of internet-connected software and services where 100% security cannot be guaranteed, Terappin's liability will not arise in situations beyond Terappin's initiative, such as mechanical, electronic, or communicative failures or malfunctions where there is no fault. The Client declares that they understand and accept this regulation.
7.6. In the event that the Consultant permanently or temporarily ceases to provide services through the Platform for any reason or leaves the Platform, the fee paid by the Client for unused services will be subject to a refund process. The refund process is carried out within the procedures and principles determined by Terappin, and the refund amount to be made to the Client will be limited only to the services not yet performed. The Client declares and undertakes that they will not make any additional claims or claims for damages within the scope of this regulation, and that they understand and accept these terms.
7.7. The Client acknowledges and undertakes that they will only visit, view, and use this Platform for their personal use, and that they have no right to copy the pages of the Platform in any way other than this.
7.8. The Client acknowledges, declares, and undertakes that they will use the information, content, and promotional materials on the Platform for personal use purposes only; and that they will not engage in any activity of copying, downloading, reproducing, publishing, modifying, sharing, or distributing by any means for any purpose outside this scope. The Client further acknowledges, declares, and undertakes that they know that the Platform content is protected under intellectual property rights and other relevant legislation and will not perform any action contrary to these regulations.
7.9. The Client acknowledges and undertakes not to attempt to access the source codes of the Platform or to copy the Platform in any way. The content and software of this Platform belong to Terappin and are protected by copyright. Legal copyright warnings and various introductory texts have been placed on the Platform pages. It is forbidden to delete or remove these warnings and texts. The Client declares that they understand and accept this regulation.
7.10. The Client acknowledges and undertakes not to use any robot, spider, or other automatic devices or manual processes for the purpose of monitoring or copying the Platform or its contents, or for other unauthorized purposes, without the explicit written permission of Terappin. Otherwise, the legal and criminal liabilities arising therefrom shall belong entirely to the Client.
7.11. The Client acknowledges and undertakes not to use any device, software, or routine to interfere or attempt to interfere with the operation of the Platform.
7.12. The Client acknowledges and undertakes not to perform any transaction that imposes an unreasonable or disproportionately large load on Terappin's infrastructure.
7.13. The Client acknowledges, declares, and undertakes that they are responsible for ensuring the security of the Platform account information, that they will not share the account information with any other third person or persons, and that they will immediately inform Terappin if they detect an unauthorized login to their account.
7.14. The Client acknowledges and undertakes to indemnify and hold harmless Terappin, its affiliated companies, officers, representatives, other partners, and employees against any damage and loss that third parties may suffer and any claims that may be asserted due to the Client's use of the Platform, including using the Platform to connect to another website or to upload content or other information to the Platform.
8. RIGHTS AND OBLIGATIONS OF THE CLIENT
8.1. The Client has the right to change the Consultant from whom they receive service or to terminate their Platform membership at any time. In this context, the changes or membership cancellation procedures carried out by the Client will be performed in accordance with this Agreement and the Platform's usage rules.
8.2. Content to be offered by Terappin on the Platform will be provided on an "as is" basis. The Client acknowledges, declares, and undertakes that they cannot make any claim against Terappin on the grounds that the content on the Platform is incomplete, erroneous, or does not meet their expectations.
8.3. The Client acknowledges, declares, and undertakes that they are aware of the following matters regarding the Consultation Service provided by the Consultant through the Platform:
8.3.1. Online consultation does not substitute face-to-face service.
8.3.2. Online consultation is not intended for direct or indirect diagnosis or treatment and does not constitute a medical treatment service.
8.4. The Client is obliged to share all information that must be taken into account during the service to be provided by the Consultant, including past illnesses, current health status, and medications used, completely, accurately, and timely. In case the Client violates this obligation, the resulting damage and liability shall belong to the Client and/or the Consultant in proportion to their fault. In this context, the Client acknowledges, declares, and undertakes that the Platform, which only provides intermediary service, shall have no legal or financial responsibility.
8.5. The Client declares and undertakes that they fully meet the Membership Requirements specified in Article 8. The Client accepts that if it is determined that they do not meet these requirements, service will not be provided to them, they will be exclusively responsible for all damages that may arise due to this reason, and the Platform assumes no responsibility in this regard.
8.6. To benefit from the Consultation Service, the consultation fee announced on the Platform must first be paid. The Client acknowledges, declares, and undertakes that the fee on the Platform may be unilaterally updated at any time.
8.7. The Client accepts the right of Terappin to temporarily suspend the service when activities such as operation, development, updating, or maintenance are to be carried out on the Platform's application.
8.8. If the Client determines that the service provided to them by the Consultant is defective, they are obliged to immediately inform Terappin of this situation. Similarly, the Client is obliged to inform Terappin without delay in cases where they suspect the Consultant's expertise or the service is defective, so that the Platform can maintain the quality of the service it offers.
8.9. The Client acknowledges, declares, and undertakes that they will not perform the following actions:
8.9.1. Reaching out to the Consultant's social media accounts, sending messages, or communicating externally in any way without the Platform's permission.
8.9.2. Requesting money, sharing bank account details, and similar acts for the purpose of material gain.
8.9.3. Conducting advertising and promotional activities about other sites, brands, products, services, and similar content.
8.10. The Client acknowledges, declares, and undertakes that they will be exclusively responsible for the damage that will occur in case of violation of these obligations and to indemnify Terappin against any possible liability. In addition, Terappin reserves the right to remove and block the Client exhibiting contrary behavior from the system.
9. MEMBERSHIP REQUIREMENTS
9.1. Persons who do not meet the conditions below cannot become a member of Terappin and cannot receive service as a Client through the platform:
9.1.1. Must be 18 years of age or older.
9.1.2. Must have legal capacity to act.
9.1.3. Must not have been previously banned from membership for any reason.
9.1.4. Must fulfill legal obligations.
9.2. The Client is obliged to choose the username within the scope of membership in a way that does not violate general moral rules and third-party rights, including but not limited to copyright, trademark, and trade name.
9.3. If the Client provides misleading information regarding the membership requirements, the Platform has the right to cut the service and not refund the fee.
9.4. Terappin, which provides intermediary service within the scope of the Platform activity, reserves the right of discretion in accepting members in line with legal or commercial interests and preferences, in addition to the membership requirements stated above.
9.5. The Client is obliged to provide the full and complete name, surname, e-mail, phone number, and other necessary information requested when becoming a member of the Platform, and undertakes that this information is accurate and that they will keep this information up-to-date. In case of incomplete information or inability to verify the entered information, Terappin has the right to terminate the service to be provided to the Client.
10. PERSONAL NATURE OF THE SERVICE
10.1. The provided Consultation Service and Remote Health Service are personal and exclusive to the Client.
10.2. The usage packages offered on the Platform are allocated only for the individual use of the relevant Client, and this right of use cannot be transferred, shared, or allocated for use by another person in any way to third parties.
10.3. Each Client may open a maximum of one account, and duplicate accounts will be closed by Terappin without the need for any warning.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All copyrights, trademarks, patents, and other intangible rights, including but not limited to all content, software, concept, design, photographs, and other details of the Platform and service content, in both their material and moral aspects, and including the rights of use, belong exclusively to Terappin Teknoloji Anonim Şirketi, and the Parties acknowledge, declare, and undertake not to engage in activities such as copying, unauthorized use, reproduction, marketing, distribution, transmission, engineering, reverse engineering, and similar actions related thereto.
12. PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
12.1. As a data controller under Law No. 6698 on the Protection of Personal Data, Terappin may process personal data belonging to real persons as a result of activities such as receiving and fulfilling requests through the Platform and creating user accounts. Please review the Personal Data Protection page for detailed information on the processing of your personal data.
12.2. Terappin may process and share personal data with third parties for the purposes of carrying out goods and service procurement processes, fulfilling contractual obligations, or complying with legal regulations, and shall be limited to these purposes.
12.3. The Client acknowledges, declares, and undertakes that the personal and other information they provide when becoming a member of the Platform is accurate, complete, and up-to-date, and that they will indemnify Terappin for all damages it may incur due to the inaccuracy of this information.
12.4. The Client is obliged to immediately update any changes that may occur in their information through the platform. Otherwise, the Client will be responsible for all damages that may arise.
12.5. The Client may not give the password they specified when becoming a member of the Platform to other individuals or organizations, and the right to use the said password belongs exclusively to the member. The Client is obliged to immediately inform the platform in case the password falls into the hands of third parties or is used without authorization. Due to this reason, Terappin reserves all rights to compensation and other claims against all liabilities that may arise and all claims and demands that may be asserted against Terappin by third parties or authorized bodies resulting from the said unauthorized use.
12.6. The Client has agreed not to access or use the data of other users without permission. Otherwise, all legal and criminal liabilities arising therefrom shall belong entirely to the Client.
12.7. The Client acknowledges, declares, and undertakes that their special categories of personal data, such as health information, may be processed during the services they benefit from on the Platform, that they have been informed within the scope of the said processing activities, and that they have given explicit consent in this direction.
12.8. Terappin acknowledges, declares, and undertakes that it will delete, destroy, and/or anonymize personal data, subject to legal obligations, upon the termination of the Agreement and/or the disappearance of the purpose of using personal data.
13. SEVERABILITY OF THE AGREEMENT
13.1. The Parties acknowledge and declare that if any provision of this Agreement is deemed invalid, this invalidity shall not affect the validity of the remaining provisions of the Agreement.
14. FORCE MAJEURE
14.1. In all cases considered force majeure, such as—including but not limited to—natural disaster, riot, war, strike, communication, infrastructure, and internet failures, power outage, which the relevant Party could not reasonably control and prevent despite exercising due diligence, the Parties shall not be held responsible for the improper performance of their commitments.
14.2. In the event of force majeure, the Parties have the right to suspend the provisions of the Agreement with a notification to be made to the other Party within 15 (fifteen) days; and if the force majeure situation lasts for more than three months, the Parties have the right to terminate the Agreement.
15. CANCELLATION POLICY
15.1. The Client who becomes a member with the request to receive Consultation Service within the scope of this Agreement has the right to terminate their membership at any time. For membership to be cancelled, a request must be made by sending an e-mail to [email protected], and the cancellation process must be completed accordingly.
16. REFUND POLICY
16.1. The Client who becomes a member with the request to receive Consultation Service within the scope of this Agreement has the right to request a refund for unused Session rights upon the fulfillment of the necessary conditions within the scope of this Agreement. For the refund process to take place, a request must be made by sending an e-mail to [email protected], and the refund process must be completed accordingly.
17. ENTIRE AGREEMENT
17.1. This Membership and Usage Agreement constitutes the entire agreement between the parties regarding the subject matter of the Membership and Usage Agreement and supersedes all prior written or oral agreements and/or communications relating to the subject matter.
18. INDEPENDENT LEGAL COUNSEL
18.1. The Client acknowledges and declares that they have had the chance to read this Membership and Usage Agreement, accept its provisions, and have had the opportunity to seek independent legal advice regarding the provisions of the Membership and Usage Agreement before approving them.
19. CONTACT AND SUPPORT
19.1. In the event of any dispute arising between you and Terappin, it is recommended that you first contact Terappin directly using the contact information below to resolve the dispute amicably.
19.2. [email protected]
20. CONSUMER RIGHTS
20.1. The Client has all the rights granted to them under Law No. 6502 on the Protection of Consumers and the relevant legislation within the scope of this Agreement.
20.2. In the event that the Client experiences any problem, dispute, or dissatisfaction during the use of the Platform, they have the right to apply to the competent Consumer Courts or Consumer Arbitration Committees in accordance with the relevant legislation.
21. INTERPRETATION
21.1. Unless otherwise understood, (i) singular expressions include plural expressions and vice versa; (ii) if any action required to be done under this Agreement must be done on a day that is not a business day, the action must be performed on the next business day or earlier; (iii) any reference to any regulation or law includes all its amendments, consolidations, or other provisions; (iv) a reference to a natural person means, including but not limited to, a partnership, joint venture, association, government or legal person or any legal entity, and the reverse should be interpreted within this scope.
22. HEADINGS
22.1. The headings used in this Agreement are for reference purposes only and do not affect the understanding and interpretation of this Agreement.
23. GOVERNING LAW AND JURISDICTION
23.1. This Agreement is governed by the laws of the Republic of Turkey.
23.2. Istanbul (Çağlayan) Courts and Enforcement Offices shall have jurisdiction over all disputes arising from or related to this Agreement.