1. PARTIES INVOLVED
1.2. The Client and the Consultant will be referred to separately as the "Party" and together as the "Parties".
1.3. Terappin, which provides only an online service to bring the parties together, is not a party to this Agreement at all.
2.1. Terappin and/or Platform: Terappin refers to the online intermediary service offered through the website and/or mobile application by bringing the Consultant and the Client together over the internet.
2.2 Clients: Persons who have declared their intent to benefit from online psychological counselling services to be provided by the Consultant through creating an account in the Terappin application.
2.3. Consultants: Persons who have filled out information dedicated to consultants in the Terappin application and/or the Platform and substantiated their expertise through official documents (certificate, diploma, etc.) and announced their intention to provide online consultancy services to the Clients through the Terappin application.
2.4. Counselling Service: It refers to the online psychological counselling service offered by the Counsellor to the Client by virtue of Terappin application.
2.5. Membership Conditions: It refers to the conditions the details of which are set out in Article 8 of this instant Agreement which the Client must meet as a condition precedent to benefit from the application by becoming a member of the Platform.
3. SUBJECT MATTER AND PURPOSE
3.1. This Agreement has been drafted to set forth the terms of the services to be rendered under psychological counselling toby and between the Client and the Consultant as well as the Platform intermediary service to be provided by Terappin.
4. THE TERM OF THE AGREEMENT
4.1. This Agreement enters into force with the Client's use of the Platform as a member and is valid and remains in force as long as such use is continued.
4.2. The Agreement ends with the closure of the Client's account to use the Platform.
5. GENERAL PROVISIONS
5.1. The Platform acts as an intermediary to bring together Clients who might not receive in person face-to-face psychological counselling due to time, place restrains or for any other reasons, and Consultants wishing t to render psychological counselling services through the platform online.
5.2. The Client, who started his/her membership to use Platform services, accepts the terms specified under this User Agreement within the scope of the contractual relationship to be entered by and between the Client and the Consultant.
5.3. The Client is fully aware of and knows that Terappin provides intermediary services under the Platform and that Terappin is not a party to the contractual relationship to be established by and between the Client and the Consultant.
5.4. The parties to the contractual relationship to be entered into are the Client and the Consultant, and Terappin only has obligations stemming from Platform intermediary service explained in the Article 5 above.
5.5. The Client has the discretion to change the Consultant from whom he receives services as well as to terminate his Platform membership at any time he/she deems fit.
5.6. Terappin is entitled to and reserves the right to alter or remove any content or in-app services in the application without any advance notice.
5.7. Clients are entitled to remain anonymous within the course of services they receive from the Consultants through a nickname at their preference.
5.8. To get a session appointment, the relevant fee of such appointment must be paid in advance.
5.9. Responsibility for any information, documents, services, texts, expressions and similar shares to be exchanged through Terappin belongs to either Client or Consultant who makes such shares, and Terappin has no control or bears not responsibility for the contents.
5.10 The parties involved accept the right and authority of Terappin to temporarily halt the services in case any work, development, update or maintenance are conducted in the application of the Platform.
5.11. There shall be no refunding to be made in case of non-compliance with the set appointment hours by the Client. As such, the Client who is late or does not attend the appointment is not entitled to request any additional time, refunding or other request.
5.12. It is possible to cancel the appointments only if such notification is made no later than 24 hours before the appointment time. Refunding will not be possible for any other reason except for timely notification.
5.13. If there is an error or discrepancy in the service feature information and price information in the application, it is possible to correct and update or call off the service through necessary notification by the Platform.
5.14. The Consultant hereby authorizes Terappin to accept the fees to be paid in exchange for the Consultant’s services on Consultant’s own behalf and account, and the obligation of Client to make the payment is discharged once the payments are made to Terappin as the representative of the Consultant. In terms of payment transactions, Terappin is authorized to work with one of the authorized payment service providers as per the prevailing legislation.
5.15. It is possible to purchase the sessions in packages. In this respect, the Client might make reservations for the sessions at any time at his/her will and is entitled to request cancellation and refunding no later than 30 days in advance for 3-packs, 45 days for 5-packs, and 60 days for 7-packs. In suc case, the difference between the discounted and the non-discounted price if any will be deemed as a penalty clause. However, if the right of withdrawal is exercised by the Client within 14 days starting from purchase of the service, no penal clause will be applied.
6. PLATFORM SERVICES
6.1. The parties to this Agreement are the Client and the Consultant. Terappin is not a contracting party and only provides online intermediary services between the Parties.
6.2. Terappin does not warrant the quality and qualification of the service to be rendered by the Consultant, and Terappin cannot be held liable with such a reasoning. Given the fact that the Consultant is a party to the Agreement. Consultant shall be personally liable for damages arising from the fault of the Consultant, therefore the Consultant does not have the right to recourse to Terappin for any reason.
6.3. Information on consultants being published at Terappin is filled by the Consultants themselves, and Terappin has no responsibility for the accuracy or timeliness of such information. Required changes will be brought without any delay if the current and correct version of the information is received.
6.4. Any advice, treatment, guidance, suggestion rendered by the consultants has no binding effect for Terappin at all, as such Terappin shall bear no responsibility for the foregoing services rendered by the Consultant.
6.5. Terappin hereby undertakes to take all kinds of measures in terms of the security of the software and to tackle with possible deficiencies that may arise over time. That said, Terappin shall bear no responsibility in cases occurrences of mechanical, electronic or communicative failures or breakdowns, which occur outside of Terappin's initiative, given the fact that 100% security cannot be provided for internet-connected software and services due to its nature.
6.6. In the event that the Consultant ceases to provide services to the platform, the Client accepts, declares and undertakes that he will be refunded in the amount he paid for the services.
7. OBLIGATIONS OF CONSULTANT
7.1. The Consultant warrants to comply with all applicable legislation with regard to psychological counselling service he/she provides, including the ethical rules applicable to in person face-to-face therapies.
7.2. The Consultant shall not make any medical treatment or recommendation whatsoever, including decisions to start or stop drug treatment.
7.3. The Consultant shall inform the Client as per the fact that the Client should notify about the illness suffered within the meaning of article 7.2 supra, otherwise there might be a risk of error in the consultancy services for such reason.
8. OBLIGATIONS OF CLIENT
8.1 The Client hereby declares and undertakes that Client is aware of the following issues with regard to online psychological counselling services provided by the Consultant through the Platform:
a ) Online counselling does not replace or is not deemed in lieu of face-to-face psychological services.
b) Online counselling does not aim to provide directly or indirectly aim at diagnosis or treatment, and it does not constitute a medical treatment service.
8.2. The Client is obliged to fully share and disclose with the Consultant any relevant information that the Consultant should take into consideration during the service to be provided, including the diseases the Client has suffered before as well as the drugs she/he has used. In case of breach of this obligation, the responsibility shall be among Client and the Consultant in proportion to the fault attributed to them. The Platform, which provides intermediary services, does not have any responsibility.
8.3. The Client declares and undertakes that he/she is in full compliance of the Membership Conditions set out in Article 8, and accepts that otherwise no service shall be provided to her/him and shall be liable for all possible damages as a result of such breach.
8.4. To benefit from the service, the consultancy fee announced on the Platform must be paid in advance. The Client agrees, declares and undertakes that the fee for the services published on the Platform can be modified and updated unilaterally at any time.
8.5. If the Client determines that the service rendered to him by the Consultant is faulty, then he is obliged to notify the Consultant as soon as possible. In addition to that, the Client is also obliged to inform Terappin without further delay if he/she has doubts about the expertise of the Consultant or the service is faulty, so that Terappin can maintain the quality of the Platform service.
8.6. The Client accepts, declares and undertakes that he/she will not perform the following acts:
a) Reaching out Consultants from their social media accounts, sending messages, communicating externally in any way without the prior permission of the Platform.
b) Asking for money, sharing bank account information and similar acts for financial gain,
c) Advertising and promotional activities about other sites, brands, products, services and similar content,
8.7. The Client accepts, declares and undertakes that he/she is responsible for the damage that will occur as a result of violation of the obligations set out at Article 8.6 and to relieve and hold harmless Terappin from any possible liability. In addition, Terappin reserves the right to remove and block Clients from the Platform who shows inappropriate behaviour.
9. MEMBERSHIP CONDITIONS
9.1. Persons who do not meet the following criteria cannot become a member of Terappin and cannot receive services on the platform as a Client:
a) To be at least 18 years old,
b) To have the capacity to act,
c) Not to be removed from the Platform Membership for any reason before,
d) Fulfilling legal obligations,
e) Not to have a severe mental disorder, a condition that requires psychotherapy, a psychiatric problem that requires medication, a suicidal tendency and other features.
9.2. The Client is obliged to choose the username within the scope of Membership in such a way that does not hamper the general morality and infringe any third party rights, including but not limited to copyright, trademark and trade name.
9.3. If the Client provides misleading information in terms of Membership Conditions, the Consultant has the right and is entitled to halt the service and not to refund the fee paid for the services..
9.4. Terappin, while providing intermediary services within the scope of the platform activity, reserves it‘s discretion and control in accepting new members taking into account legal or commercial interests and preferences, in addition to the membership criteria stated above.
9.5. The Client shall provide full and complete information such as the name, surname, telephone number and other required information in becoming a member to the Platform, and undertakes to keep the foregoing information up to date during the membership. Terappin has the right to unilaterally terminate the service to be rendered to the Client in case there is a missing information or information cannot be confirmed.
10. SERVICE IS PERSONAL TO THE CLIENT
10.1. The online psychological counselling service rendered by the Consultant is personal and exclusive to the Client.
10.2. The usage packages on the Platform is designed for the use of a single Client and therefore cannot be transferred to third parties.
10.3. Each Client may open a maximum of one account, and duplicate accounts will be closed by Terappin without any prior warning.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. All the content of the service, including but not limited to all copyrights, trademarks, patents and other intangible rights, material and moral dimensions and usage rights regarding software, concept, design, photographs and other details belongs only to Terappin Teknoloji Anonim Şirketi. The parties involved accept, declare and undertake that they will not engage in copying, unauthorized use, reproduction, marketing, distribution, transmission, engineering, reverse engineering and similar activities.
12. SEVERABILITY OF THE AGREEMENT
12.1. The Parties involved agree and declare that if any provision of this Agreement is deemed invalid the remaining provisions of this Agreement shall remain valid and in force.
13. FORCE MAJEURE
13.1. In all events occurrence of which deemed as force majeure, which the Related Party could not foresee and prevent despite reasonable control and due diligence – including but not limited to, natural disasters, riots, wars, strikes, communication, infrastructure and internet failures, power outages, the Parties shall not be liable for failure to perform properly.
13.2. In case of occurrence of force majeure event, the Parties have the right to suspend the provisions of the Contract with the notification to be made to the other Party within 15 (fifteen) days, or to terminate the Contract if the force majeure situation lasts more than three months.
14. CHOICE OF LAW AND FORUM
14.1. The parties have hereby accepted that Turkish Law is applied in disputes arising out of this Agreement and that the Istanbul (Caglayan) Court and Enforcement Offices are authorized and have proper jurisdiction for any dispute resolution.