Distance Service Sales Agreement

DISTANCE SERVICE SALES AGREEMENT

PARTIES TO THE AGREEMENT

HERMES HEALTH MEDİKAL A.Ş.

Central Registry Number : 0608085348100001

Address : Kazım Dirik Mah. Ankara Cad. 296 Sok. No:8 1. Blok 3. Kat Daire No: 306. Folkart Time Bornova/İZMİR

Phone :05413525129

E-Mail :info@hermesclinics.com

1.2.(hereinafter referred to as “PATIENT” )

The person whose information is specified in the form to be filled online.

Identity Number:

Address:

Phone:

E-Mail :

1.3. The parties have accepted the addresses stated above as their legal residences. Unless the party with the change of address notifies the other party in writing, the notifications made to these addresses will be considered valid.

The subject of this contract; In accordance with the characteristics of the services, within the scope of the health service that will be purchased by HERMES CLINICS as an intermediary institution on the website in line with the request of the PATIENT via Facebook Messenger, Instagram or any of the Website platforms; If the PATIENT requests it; Based on the Law No. 6502 on the Protection of the Consumer, to mediate in the arrangement of all necessary services such as physicians, hospitals, accommodation, travel, transportation due to the health service they want to purchase, to provide information on price and payment principles, and to provide the PATIENT with the intermediary service that will remain within this scope. It is the determination of the mutual rights and obligations of the parties in accordance with the Distance Contracts Regulation prepared. HERMES CLINICS is not a medical service provider, but an intermediary institution in reaching medical service providers, and this is clearly accepted by the PATIENT.</li>

In accordance with the contract, the PATIENT accepts, declares and undertakes that preliminary information has been given by HERMES CLINICS in accordance with the service to be provided to him as an intermediary institution and that he will comply with this contract in accordance with the information provided.</li>

The PATIENT knows that the service to be provided by HERMES CLINICS is an intermediary service, that the intermediary service provider has no responsibility for all the disruptions and problems arising from the hospital, physician, transfer, accommodation and similar services before or after the health service the PATIENT receives, and that the possible dispute party accepts, declares and undertakes that he/she knows that he/she is the institution from which he/she receives the service.</li>

Within the scope of the contract, the PATIENT provided the correct identity and contact information, there are no health and travel barriers, HERMES CLINICS has no liability and responsibility if the identity and contact information is given incorrectly, HERMES CLINICS will not be liable for any damage due to this reason. accepts, declares and undertakes that he will be met immediately and without delay, and that he will be reached from the contact information given by him. The PATIENT is personally and personally responsible for the missing information and documents he has given.</li>

FEATURES AND PRICE OF THE SERVICE SUBJECT TO THE AGREEMENT:

3.1. The invoice to be issued for the service received by the PATIENT will be sent as an e-invoice to the above e-mail address of the PATIENT.

3.2. In return for the mediation service to be provided to the PATIENT by HERMES CLINICS, the PATIENT will first make a prepayment of 15% of the cost of the mediated health service. With this prepayment, the day of the necessary arrangements for the PATIENT is booked from the companies and/or persons who will provide health, accommodation and transfer services on behalf of the PATIENT. The signing of this contract alone without any prepayment by the PATIENT does not create an obligation for HERMES CLINICS. This matter has been accepted, declared and committed by the parties.

3.3. Additional work and services that are not covered by this contract or requested by the PATIENT after providing the intermediary service will also be subject to additional fees. All fees, taxes and similar payments arising from the contract will be reflected to the PATIENT. In case of default, the PATIENT will be requested to pay delay interest and this matter has been accepted, declared and committed by the PATIENT. “Late interest rate” is the statutory default interest applied to annual business transactions. T.R. If the rediscount interest rate applied by the Central Bank for short-term loans is higher than the legal default interest applied to annual commercial transactions, the rediscount interest is applied as the default interest.

3.4. THE REMAINING BALANCE PAYMENT for all adjustments subject to the brokerage service WILL BE PAID TO HERMES CLINICS LATEST UNTIL THE DAY OF OPERATION(?????).

3.5. If, after the prepayment is made by the patient, the remaining payment is NOT MADE UNTIL THE DATE STATED in article 3.4 OF THIS AGREEMENT, or the remaining payment is not made for any reason, the payment is canceled by the bank/financial institution, or the payment is not paid or withdrawn before the service is rendered due to objections, If the PATIENT refrains from signing the contract or documents submitted by the service provider companies and/or the PATIENT voluntarily gives up for whatever reason and under the name of the PATIENT, and/or the PATIENT does not fulfill the agreed actions, the fee for the prepayment paid at the rate of 15% is refunded. not done. This matter has been accepted, declared and undertaken by the PATIENT.

3.6. If the PATIENT cannot benefit from travel, accommodation and transportation opportunities or health services on the dates agreed in the contract, for any reason, the additional cost will be paid to HERMES CLINICS immediately by the PATIENT in case of additional cost due to his inability to benefit from it.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES:

4.1. RIGHTS AND OBLIGATIONS OF THE PATIENT:

4.1.1. The PATIENT has read all the informations regarding this Agreement and the Preliminary Information Form, has read all the information regarding the performance of the service subject to the Agreement on the "www.hermesclinics.com" website; that you have obtained the information contained therein accurately and completely and approved it electronically; It accepts, declares and undertakes that it is aware of the obligations imposed on them by the Law, Regulation and related legislation to which this Agreement is subject.

4.1.2. With this contract, the PATIENT is deemed to have approved that he is over 18 years old and that he can legally conclude a contract. PATIENT accepts and declares that there is no obstacle in taking and implementing his own decisions in order to benefit from online consultancy services, that he does not have a situation that may require legal guardianship, and that he does not have a situation to violate the provisions of this contract for any other legal reason. If the PATIENT is a minor, it is obligatory to provide HERMES CLINICS with the information that will enable direct communication with the responsible person, who is the minor or the legal representative of the minor, and the minor or the person declaring that he is the legal representative of the minor does not submit a document proving this or presents a document, but only the contact information is provided. If not, this contract will not be valid. This matter has been accepted, declared and committed by the parties.

4.1.3. If the PATIENT is legally underage, has psychiatric problems requiring drug treatment, is at risk of suicide, has very severe mental problems or is in situations that may be the subject of a crime, the PATIENT is not provided with mediation services. If the patient requests service without stating or hiding these situations and makes a prepayment, the fee will be not refunded. HERMES CLINICS is not responsible for any damages that may occur due to misleading information given by the PATIENT.

4.1.4. The PATIENT accepts, that all information shared on the www.hermesclinics.com website and/or through the website is correct, up-to-date and complete, and that he/she accepts the notifications to be made through this contact information, declares that he/she agrees to receive all e-mails sent by HERMES CLINICS to the e-mails and telephones that the PATIENT has shared. In case of changes in e-mails and telephones, HERMES CLINICS will be notified immediately. Otherwise, all information and update messages by HERMES CLINICS will continue to be sent to the e-mails and phones declared by the PATIENT.

4.1.5. The service purchased by the PATIENT from the www.hermesclinics.com website (Which is mediation or consultancy) can only be used by the PATIENT and is personal. The right of use cannot be transferred to third parties and institutions.

4.1.6. The PATIENT is required to make an appointment request via the Call Center of HERMES CLINICS or the website (www.hermesclinics.com) before the interview regarding the mediation service related to the healthcare service, and at least ….days before. The customer is obliged to pay the prepayment fee of 15% of the amount related to the health service that was brokered, by wire transfer/EFT, cash, credit card method. If the fee is not paid, the Agreement will not enter into force.

4.1.7. The PATIENT is obliged to pay the contract price as specified in the contract. The PATIENT is personally responsible for all delays and all consequences that may occur due to delay, and HERMES CLINICS has no responsibility in this regard. This matter has been accepted, declared and committed by the parties. In the event that all delays caused by the PATIENT itself create additional costs and obligations to HERMES CLINICS, the costs and expenses will be paid to HERMES CLINICS by the PATIENT.

4.1.8. If the PATIENT does not pay the 15% prepayment fee, the payment is not realized for any reason, the payment is canceled by the bank/financial institution or the payment is not paid or taken back before the service is subject to objection; HERMES CLINICS shall be deemed to be relieved of its obligation to perform the service and HERMES CLINICS shall not be liable for the claim that it has suffered damage by the PATIENT. This matter is accepted and declared by the PATIENT.

4.1.9. In addition, after 15% prepayment is made by the PATIENT; remaining payment of THIS AGREEMENT …. If it is not made until the date specified in the article, or the remaining payment is not made for any reason, the payment is canceled by the bank / financial institution, or the payment is not paid or withdrawn before the performance of the service due to the objection, the contract or documents submitted by the service provider companies after the reservation is made by the PATIENT. If the patient refrains from signing and/or gives up voluntarily for whatever reason and under the name of the patient and does not fulfill the agreed actions, the fee for the prepayment paid at the rate of 15% will not be refunded. This matter has been accepted, declared and undertaken by the PATIENT.

4.1.10. The PATIENT is obliged to provide the necessary environment for the meeting at least 10 minutes before the meeting time regarding the mediation service created by the HERMES CLINICS Call Center or on the website (<a href=”http://www.hermesclinics.com” style=”color:#0563c1; text-decoration:underline”>www.hermesclinics.com</a>).

4.1.11. Except for force majeure, the PATIENT accepts and undertakes that no refund will be made to him if he does not benefit from or cannot benefit from the service for which the intermediary activity is carried out due to his own fault. However, in cases of actual impossibility or force majeure, the PATIENT has the right to use the service on another date, provided that HERMES CLINICS notifies HERMES CLINICS within 3 (three) working days after learning of the situation and HERMES CLINICS also agrees.

4.1.12. The PATIENT assumes all responsibility, including delays, in the payments made through the bank and/or financial institution; therefore The PATIENT accepts, declares and undertakes that he/she will indemnify all direct and indirect damages relating to HERMES CLINICS. For the performance of the service subject to the contract, this Contract must be confirmed electronically and a prepayment fee of 15% of the price of the contracted health service must be paid. If the prepayment fee for the service is not paid or canceled in the bank records for any reason, the obligation to perform the service by HERMES CLINICS will be eliminated and this issue has been accepted, declared and committed by the parties.

4.1.13. While performing the mediation service regarding the health service purchased by the PATIENT, when any behavior that may be subject to verbal and/or sexual harassment, insults, threats, blackmail or complaints is made against the people he or she is in contact with due to this service, during or after the online consultancy service, HERMES CLINICS reserves the right to terminate the call immediately. In addition, HERMES CLINICS reserves the right to terminate the contract automatically without the need for any notice or warning, penal clauses and all kinds of lawsuits and complaints, and no prepayment refund will be made in these cases. The patient accepts, declares and undertakes this matter.

4.1.14. The PATIENT cannot take any audio and/or video recordings of the interviews to be made online, as it is against the law. In addition, it is the PATIENT's responsibility to ensure that audio and/or video recordings are not taken by third parties. Otherwise, HERMES CLINICS may request compensation for all material and moral damages it has suffered, in addition to the penal clause, without prejudice to the rights of lawsuits, complaints, demands and receivables.

4.1.15. HERMES CLINICS as Agency will provide the PATIENT with mediation services, travel, accommodation and transportation opportunities regarding the health care purchased by the PATIENT.

4.1.16. The PATIENT accepts and declares that he/she knows that HERMES CLINICS only carries out intermediary activities with this contract, that the PATIENT is the real addressee and responsibility of the private/legal persons or institutions that provide the service due to the services received, and that HERMES CLINCS does not offer any guarantees for the services received.

4.1.17. If the PATIENT has a problem with the services he receives, if he takes any action against HERMES CLINICS instead of the private/legal person or institution from which he receives the service, it will be considered a fundamental violation of this contract and he will pay a penalty of 10.000 EURO in addition to all the damage commits.

4.1.18. By accepting this agreement, PATIENT shall not attack or criticize HERMES CLINICS or any of its employees or partners, not to make bad comments/evaluations (evaluation websites, social media networks, etc.) , blogs, public forums, etc.) accepts, declares and undertakes. He accepts, declares and undertakes that he will pay a penalty of 10.000 EURO in addition to all damages, and his behavior to the contrary will be considered a fundamental violation of this contract.

4.1.19. Since the PATIENT cannot be held responsible for the services received by HERMES CLINICS by providing intermediary services and/or any actions and transactions arising from these services, HERMES CLINICS shall not tarnish the name of HERMES CLINICS or any of its employees/partners during or after the contract period, accepts, declares and undertakes not to take any action that may adversely affect its reputation, services or management. In the event that this article is violated by the PATIENT, HERMES CLINICS accepts, declares and undertakes to compensate for all material and moral damages suffered, in addition to the penalty clause of 10.000 EURO, without prejudice to all lawsuits, complaints, demands and claims.

4.2. RIGHTS AND OBLIGATIONS OF HERMES CLINICS:

4.2.1 As an intermediary institution HERMES CLINICS provides health service that the PATIENT will purchase through the website, in line with the request of the PATIENT through Facebook Messenger, Instagram or any of the Website platforms, and due to these services; Mediation services will be provided for the arrangement of all necessary services such as physicians, hospitals, accommodation, travel and transportation.

4.2.2 HERMES CLINICS is not a medical service provider. This matter is clearly accepted by the PATIENT.

4.2.3  HERMES CLINICS does not have any legal obligations due to the health services that the PATIENT wants to receive, or other accommodation, travel, transportation, etc. services that the PATIENT will receive in order to reach the health service, apart from the intermediary service. HERMES CLINICS has no responsibility for any material and moral damages, problems or disputes that may occur due to these services.

4.2.4  In the event that HERMES CLINICS suffers material-moral damage, experiences problems or conflicts due to the PATIENT's faulty behavior during the health services that the PATIENT wants to receive or other accommodation, travel, transportation, etc. services to be received in order to reach the health service, PATIENT is obliged to cover all damages caused to HERMES CLINICS.

4.2.5 Although HERMES CLINICS has shown all due diligence, it is an obstacle to the start or continuation of the service; cannot be held responsible for the damages arising from the failure to perform the contract at all or properly due to force majeure and unexpected events. Force majeure events in the laws, situations that occur due to extraordinary and unpredictable events despite having taken all the necessary care and taken precautions and that prevent the start, continuation or termination of the contract, situations where HERMES CLINICS has no influence on the event that occurred will be counted as force majeur.

4.2.6  HERMES CLINICS is not responsible for the PATIENT's refusal to use the service or its non-fulfillment/late fulfillment for any reason. All responsibility in this regard belongs to the PATIENT. This matter has been accepted, declared and committed by the PATIENT.

4.2.7 HERMES CLINICS reserves the right to cancel the brokerage service at any time or to postpone it if necessary.

4.2.8 The PATIENT requests to purchase the brokerage service by creating a user profile on the www.hermesclinics.com website. PATIENT's request to act as an intermediary; After the PATIENT fulfills its payment obligation and other obligations, the contract is established on the condition that it is accepted by HERMES CLINICS.

4.2.9 The mediation service provided to the PATIENT by HERMES CLINICS is not consultancy, psychiatric attack, crisis intervention, emergency response or medical treatment or health service and does not offer medication or medical treatment. It is also known by the PATIENT that the service to be provided by HERMES CLINICS is an intermediary service.

4.2.10 When purchasing the service for which HERMES CLINICS will carry out its intermediary activities; HERMES CLINICS is not responsible if there is a malfunction due to technical reasons (such as charging, internet and power cuts), in the bank or payment instrument to be paid, or in the event that the service is received or the service is interrupted or cannot be provided for any reason beyond the will of the parties.

5. PRIVACY POLICY

5.1. For the purposes specified in this contract, HERMES CLINICS can use all kinds of private and general personal data submitted by the PATIENT to him within the scope of the Contract, to keep the records within its own body and to carry out statistical studies; will be able to operate in accordance with the general principles and processing conditions stipulated in the legislation.

5.2. HERMES CLINICS will be able to transfer these personal data to the companies it has worked with or to domestic and foreign companies and/or third parties that are service providers in its own databases for the same purposes; It will be able to keep it for the periods determined by the legislation.

5.3. HERMES CLINICS will take the technical and administrative measures stipulated by the legislation regarding the processing of such personal data; shall inform the persons employed by him/her on this matter as required.

5.4. The rights of the PATIENT are reserved in accordance with Article 11 of the Personal Data Protection Law.

5.5. The PATIENT accepts and undertakes that he has express consent to all these matters.

5.6. The parties accept, declare and undertake that any information belonging to both HERMES CLINICS and persons providing services under any title on behalf of HERMES CLINICS, as well as any information learned and/or accessed by the PATIENT, is confidential.

5.7. During the treatment services offered by HERMES CLINICS to the PATIENT, the PATIENT cannot record, share or publish the service content of the video and/or audio services with third parties. In addition, it is the PATIENT's responsibility to ensure that audio and/or video recordings are not taken by third parties. Otherwise, HERMES CLINICS may request compensation for all material and moral damages it has suffered, as well as a penalty of 10.000 EURO, without prejudice to the rights of lawsuits, complaints, demands and claims.

5.8. The treatment services offered to the PATIENT by HERMES CLINICS are carried out according to the principle of confidentiality. During the online counseling process, the identity information of the PATIENT and the information shared between the parties are confidential and cannot be disclosed to third parties unless the PATIENT gives permission. However, in the event that the PATIENT harms himself or someone else, and/or when required by law, it can be shared with the competent authorities immediately if requested by judicial authorities, law enforcement units or other competent authorities.

5.9. During the treatment service processes offered to the PATIENT by HERMES CLINICS, in the event that a crime being committed or a crime that has been committed but whose consequences are still possible to be limited, or if there is a sign that a crime has been committed, HERMES CLINICS is subject to the provisions of the Turkish Penal Code 278, 279, 280. has the right to notify the official authorities in accordance with its articles.

5.10. The PATIENT accepts that the personal information such as e-mail, telephone number, which he/she shared while registering on the www.hermesclinics.com website, is correct and that he has his personal contact information, and all correspondence, messages, e-mails to be sent by HERMES CLINICS to this e-mail and phone number. agrees to receive all notifications such as -mail.

5.11. HERMES CLINICS has the right to reach the PATIENT for notification and other purposes via communication, marketing by letter, e-mail, SMS, telephone call and other means of address, e-mail address, fixed and mobile phone lines and other contact information specified by the PATIENT in the registration form on the site or updated by him later. By accepting this agreement, the PATIENT accepts and declares that HERMES CLINICS may engage in the above-mentioned communication activities.

6. RESOLUTION OF DISPUTES:

Izmir Courthouse Courts and Enforcement Offices are authorized for disputes arising from this contract. The PATIENT aceepts that in case of any dispute that may arise from this contract, the electronic information and computer records kept in the official books and commercial records of HERMES CLINICS, in its own database, on its servers, will constitute binding, definitive and exclusive evidence; accepts and undertakes that this article is in the nature of an evidential contract pursuant to article 193 of the Code of Civil Procedure.

7. RIGHT OF WITHDRAWAL:

7.1. In the payments made by the PATIENT regarding the intermediary service that is the subject of this contract, the PATIENT cannot use the right of withdrawal if the service has started with the approval of the PATIENT before the expiry of the right of withdrawal (14 days) according to Article 15/h of the Distance Contracts Regulation due to the nature of the service.

7.2. If the patient wishes to use this right within the scope of the right of withdrawal, the 15% prepayment is not refundable. If the payment is made other than this, the cost of the services used will be deducted and the remaining amount will be refunded.

7.3. The service which is provided within the scope of the contract is evaluated within the scope of the "Exemption of the Right of Withdrawal" of the Regulation on Distance Contracts;

– 15.1.g. “Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.”,

– 15.1.h. “Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.” PATIENT has no right of withdrawal.

8. REFUND:

8.1. If, after the prepayment which is made by the patient, the remaining payment is NOT MADE UNTIL THE DATE STATED IN 3.4 MD OF THIS AGREEMENT, or the remaining payment is not made for any reason, the payment made is canceled by the bank/financial institution, or the payment is not paid or withdrawn before the performance of the service due to objections, Refund of the 15% prepayment fee paid in case the PATIENT refrains from signing the contract or documents submitted by the service provider companies and/or the patient voluntarily gives up for whatever reason and under the name of the service provider and/or the patient does not fulfill the agreed actions. not done. This matter has been accepted, declared and undertaken by the PATIENT.

8.2. If the PATIENT is legally underage, has psychiatric problems requiring drug treatment, is at risk of suicide, has very severe mental problems or is in situations that may be the subject of a crime, the PATIENT will be not provided with treatment services. If the patient requests service without stating or hiding these situations and makes a prepayment, the fee will be not refunded. HERMES CLINICS is not responsible for any damages that may occur due to misleading information given by the PATIENT.

8.3. Except for force majeure, the PATIENT accepts and undertakes that no refund will be made if he/she does not benefit or cannot benefit from the service for which the intermediary activity is carried out due to his own fault. However, in cases of actual impossibility or force majeure, the PATIENT has the right to use the service on another date, provided that HERMES CLINICS notifies HERMES CLINICS within 3 (three) working days after learning of the situation and HERMES CLINICS also agrees.

8.4. While performing the treatment services regarding the health service purchased by the PATIENT, any behavior that may be the subject of verbal and/or sexual harassment, insults, threats, blackmail or complaints, during or after the online consultancy service, against the persons he or she is in contact with due to this service, HERMES CLINICS reserves the right to terminate the call immediately. In addition, HERMES CLINICS reserves the right to terminate the contract automatically without the need for any notice or warning, penal clauses and all kinds of lawsuits and complaints, and no prepayment refund will be made in these cases. The patient accepts, declares and undertakes this matter.

9. OTHER CONCLUSIONS:

9.1. The contract will enter into force upon the electronic approval of the PATIENT and the transfer of the 15% prepayment fee to the account of HERMES CLINICS.

9.2. All correspondence between the parties will be made electronically.

10. ADDRESSES OF THE PARTIES NOTICE AND NOTIFICATION OF CHANGES:

The parties have accepted the addresses specified in article 1 of the contract above as valid notification addresses. Notifications to these addresses will be valid. Notifications, correspondence and requests made to the e-mail addresses of the parties are considered as notifications. The notification and e-mail addresses of the parties are the ones stated above, unless the address and e-mail changes are duly notified to the other party in WRITTEN within 5 (Five) days at the latest, the notifications made to these addresses and e-mails (e-mail) are related to the relevant addresses and e-mail addresses. shall be deemed to have been made.

11. This contract has been drawn up between the parties on …………………, with 11 articles and 8 pages, with the consent of the parties and without being subject to any pressure, and will enter into force with the payment of the prepayment fee of 15% of the price of the mediated health service. This contract is an inseparable whole with its annexes. Violation of contract annexes also means breach of contract.