Article 1: Parties
This Membership Agreement (“Agreement”) is concluded and executed under full mutual agreement between eKonsey Özel Sağlık Hizmetleri Sağlık Yatırım ve Danışmanlık Tic. Ltd. Şti. (“eKonsey”), located at Levent Mahallesi, Hacı Adil Caddesi, Zerrin Sokak No:2/2 Levent 34330, Beşiktaş İSTANBUL, and the “Member” who has defined their identity and contact information on the website with the domain name www.ekonsey.com prior to the acceptance of this “Agreement”, under the following terms and conditions.
In this Agreement, eKonsey and the Member may also be referred to individually as a “Party” and collectively as the “Parties.”
Article 2: Subject Matter
The subject of this Agreement concerns the determination of terms and conditions regarding the provision of access to and use of eKonsey’s website with the domain name “www.ekonsey.com” by the Member, the determination of terms and conditions regarding membership, and the conditions for the Member to benefit from the services offered through eKonsey’s website with the domain name “www.ekonsey.com”.
Article 3: Definitions
Within the scope of this Agreement:
- Site: Refers to all kinds of mobile and web-based applications and plug-ins offered by “www.ekonsey.com”
- Member (User / Consultant): Refers to the person who benefits from the services offered by creating a username and password on the site portal by accepting the matters specified in this Agreement and its annexes.
- Username: The name and surname to be determined by the Member for use on the site.
- Password: The key determined by the Member for use in portal entries consisting of combinations of letters, numbers, and exclamation marks, which is advised not to be shared with third parties, and the sharing of which eliminates the responsibility of eKonsey.
- Specialist: Refers to persons who declare that they possess the status of a doctor (medical doctor) or branch specialization within the scope of relevant laws, regulations, and current legislation.
- Distance Sales Agreement: Refers to the agreement between the Member and eKonsey, regulating the rights and obligations regarding the Specialist Opinion (Medical Opinion Report) service, which is not in the nature of a final medical report provided by eKonsey.
- Specialist Opinion (Medical Opinion Report): Refers to the document containing preliminary opinions which is prepared by the Expert/Experts listed on the Site in branches whose suitability for the case shall be determined by eKonsey within the scope of the Member's requests (and by the council to be submitted for the Member's approval); based on the documents uploaded to the system by the Member within the framework of confidentiality and Personal Data Protection Law ("KVKK") principles, in a manner that does not constitute a diagnosis, identification, forensic report, temporary report, or any similar medical liability under any name or title, and within the scope of the rights and obligations contained in the Distance Sales Agreement, to be viewed only by the Member via the portal where only the Member can log in.
This Agreement has been executed in an electronic environment between eKonsey, the provider of the Site, and the Member who accepts the user agreement; it has gained validity from the moment the Member fills out the Membership Form on the site and commences use.
Article 4: Website Membership System
If the Member wishes to become a member of the Site, they must first fill out the Membership Form published on the website with accurate information and accept and undertake to comply with the Membership Agreement provisions specified in this document. The Member, in accordance with their decision, clicks the (Sign Up) or (Already a Member) button located at the bottom of the Registration Form. From the moment the "Sign Up" button is clicked, the Member shall be deemed to have accepted the terms in this Agreement.
The "Username" is exclusive to the Member, and the same "Username" is not given to two different members. The "Password" is determined and known only by the user. The Member may change their password at any time. The selection and protection of the password are entirely the responsibility of the Member. eKonsey is not responsible for errors/problems arising from user errors related to password usage. Members who forget their password are directed to the "Forgot My Password" section and requested to complete security steps to define a new password. The Member who successfully completes the security steps defines a new password, and this new password shall be valid for every login as a member to the Website after this step.
Article 5: Purpose of the Site and Rights and Obligations of eKonsey
5.1. eKonsey has been established for the purpose of bringing together Experts and Members who submit requests within the scope of the Distance Sales Agreement to be separately signed between the parties through the use of this Site; ensuring that the documents and information uploaded to the system by the Members in accordance with the applicable legislation—for which the diagnosis or identification has already been made by other health institutions or physicians—are examined by the Experts in consideration of KVKK (Data Protection Law) and confidentiality provisions; and providing an Expert Opinion (Medical Opinion Report) which does not constitute a final medical report and is of the nature of general health information. Within the scope of this service flow; following the uploading of documents by the Member, the relevant branches are determined by eKonsey and notified to the Member; the file review process by the assigned Experts commences upon the payment of the service fee by the Member and the approval of the Distance Sales Agreement. Upon completion of this review, an Expert Opinion (Medical Opinion Report) is presented, which is of the nature of general health information and does not constitute a final medical report. In the event that the Experts assigned during the review process require an additional branch opinion due to medical reasons, eKonsey shall notify the Member of this situation; the participation of additional experts may be subject to an additional fee; if the Member does not pay the additional fee, the process shall continue with the existing council structure or the procedure for missing documents/information shall be implemented.
5.2. Services provided by eKonsey do not carry the purpose of treatment and diagnosis under any name or title, and do not replace any face-to-face consultation, physical examination, and applied treatment performed between the physician and the patient. Within the scope of the Remote Health Service provided by eKonsey, the Member and Specialists shall not be physically present in the same environment. Within the scope of the health information (Medical Opinion Report) provided, it is recommended that Members be physically examined by physicians and Specialists. Opinions reported on the eKonsey portal are for informational purposes only; eKonsey and Specialists have no responsibility for the stopping or changing of treatments and/or the treatment applied by the Member themselves within the scope of the opinion provided, or for incorrect and/or missing documents, reports, results, and similar matters submitted to the system by the Member.
5.3. The Member declares and undertakes irrevocably that they know the opinions received on the Site, which is the subject of this Agreement, do not mean diagnosis or clinical finding; that they received the opinion knowing this; that all necessary advice and suggestions have been made to them by eKonsey and Specialists to obtain a real diagnosis through physical examination and by seeing relevant physicians and branch specialists in health institutions; that they accept these matters; and that eKonsey and Specialists have no responsibility within the scope of relevant laws and regulations; and that they will not make any rights or claims against eKonsey and Specialists regarding negligence and similar matters within the scope of relevant laws and regulations.
5.4. Since the Member's right to receive treatment, continue or not continue treatment, change physicians, and other rights within the scope of body integrity and patient rights under the Constitution and laws are legally secured against third parties and the physicians/health institutions where they are physically treated, the Member accepts, declares, and undertakes that since the medical opinion service provided by eKonsey is not within this scope, they cannot assert these rights or any right or claim based on these rights against eKonsey. If a patient-physician relationship is established between the Specialist and/or Specialists from whom a later opinion is received and the Member due to physical examination and similar reasons, eKonsey cannot be held responsible for this relationship even if the Specialist is contracted within eKonsey.
5.5. Since the opinions and answers of the Specialists are given without establishing a patient-physician relationship under any name or title and without examining the Member, they are intended only for information, giving ideas, opinions, and contributing to the correct treatment choices of the Members. Stopping or changing treatment based on the information in eKonsey is strictly not recommended. Therefore, the Remote Health Service provided by eKonsey is in the nature of a medical opinion that will not disrupt the ongoing treatment of the Member, if any.
5.6. Since remote health services cannot be provided in emergency medical situations, the Member must apply to the nearest emergency room in such a case.
5.7. In order for the Member to benefit from the entire content provided in eKonsey, it is mandatory to become a member of the site, and in case a consultation is requested by the Member, a Distance Sales Agreement to be signed separately between the parties must be made and the obligations specified in the agreements must be complied with.
5.8. eKonsey always reserves the right to change/limit the content, features, and price of the opinions to be received from Specialists and the services it provides, upon request by the Member.
5.9. The fee for the Remote Health Service provided by eKonsey and the scope of the service to be provided are not covered by any health insurance.
5.10. eKonsey does not confirm or audit the accuracy of the content of the opinions given by the Specialists and cannot be held responsible for the opinions and information given by the Specialists. The relationship between the Specialists and eKonsey cannot be accepted within an employer-employee relationship under any name or title. There is no employer-employee relationship between the Specialist and eKonsey pursuant to the employment contract and other provisions of the law. Within this scope, eKonsey cannot be held responsible for the opinions due to the law and general provisions. Therefore, responsibility for all kinds of medical consultancy services, advice, and similar services provided by the Specialists belongs to the Specialist/Specialists who provided the opinion. The Member accepts and declares all matters listed in this article.
5.11. eKonsey may restrict/completely stop, suspend, or cancel the Member's use of the site without any condition or term in cases such as insults, defamation, disturbing behaviors, unethical behaviors, violation of KVKK/GDPR provisions in interviews made by Members with each other or with Specialists, regardless of whether it is a paid service within the scope of the services provided under the Membership Agreement, Distance Sales Agreement, and their annexes; or if it is determined that the Member's user information is not real or belongs to third parties, except for parents who are legal guardians for persons under 18 years of age. In such a case, the Member loses all their rights on the site. Performing the membership process means acceptance that no rights will be claimed in case of the operation of this article.
5.12. The Member accepts that they will not produce or share content that is contrary to general morality and decency, illegal, damaging to the rights of third parties, misleading, offensive, obscene, pornographic, damaging to personality rights, contrary to copyrights, threatening national security, or encouraging illegal activities in their activities within the site, in any part of the site, or in their communications. Otherwise, they are entirely responsible for the damage that may occur, and in this case, eKonsey may suspend or terminate such accounts and reserves the right to initiate legal proceedings. eKonsey cannot be held responsible for material and moral damages occurring against third parties due to the Member's behaviors contrary to agreements, laws, and regulations within these and similar matters. If any right or claim is made against eKonsey by third parties due to the Member's behaviors contrary to agreements, laws, and regulations, eKonsey's right to recourse to the Member is reserved. For this reason, it reserves the right to share information if requests for information regarding activities or user accounts come from judicial authorities. eKonsey has the right to stop its existing services for a period deemed necessary for technical maintenance and requirements.
5.13. eKonsey may always set additional rules of use and policies regarding the services it provides and may change them at any time unilaterally. The Member accepts in advance that they will comply with these rules and policies. Otherwise, membership may be terminated unilaterally by eKonsey.
5.14. eKonsey may provide 'links' to other websites and/or portals, files, or contents owned and operated by third parties with whom it has no responsibility or relationship at any time. These 'links' may be provided for ease of reference by obtaining permission from the owner or for other purposes. Providing a 'link' by eKonsey does not mean supporting the relevant website or its operators or any statement or warranty regarding the content of the website; eKonsey has no responsibility regarding the content in question.
5.15. eKonsey is obliged to ensure the confidentiality of the documents and information uploaded to the site and/or portal by the Member in accordance with KVKK/GDPR and general provisions. eKonsey cannot be held responsible for cases arising from the Member's fault.
5.16. eKonsey undertakes that in case of any complaint and/or objection regarding the services received by the Member, following the notification of this matter to itself, it will inform the Member by promptly carrying out the necessary examinations and audits regarding the matters requested by the Member. If the complaint or objection is found justified, eKonsey will take the necessary actions to eliminate the grievance. However, since eKonsey has no authority or responsibility regarding the content of the Specialist Opinion (Medical Opinion Report) to be provided by the Specialists, the Member's complaints, objections, and information requests cannot be regarding the Specialist Opinion (Medical Opinion Report). eKonsey's responsibility is only regarding the process, as it is an intermediary institution.
5.17. If the relevant Specialists notify eKonsey that the information and documents uploaded by the Member to receive an opinion are incomplete or not suitable for providing an opinion, the said deficiency and requests will be immediately notified to the Member by eKonsey. If the necessary documents and information are not shared by the Member within 5 (five) days despite this notification, eKonsey's responsibility will be eliminated. eKonsey has no responsibility regarding the accuracy and confidentiality of the information and documents submitted by the Member within the scope of the relevant law, contract, and provisions of the current legislation.
5.18. eKonsey does not direct Members to any institution or organization for medical diagnosis or treatment purposes for financial gain. After receiving the Remote Health Service from eKonsey, the Member may receive support from eKonsey to apply in person to the eKonsey Specialists who provided the medical opinion, of their own volition.
Article 6: Rights of Members and Responsibility Situations
6.1. The Member accepts and declares that the services provided through eKonsey are not for diagnosis and treatment purposes under any name or title; that no patient-physician relationship is established between them and eKonsey and/or Specialists under any name or title except for the services they receive through eKonsey; that eKonsey operates for informational purposes; that the opinions (medical opinion) given by the Board of Specialists created by eKonsey will not mean treatment, diagnosis, or clinical finding under any name or title; that a patient-physician relationship is not established; and that eKonsey cannot be held responsible for the opinions and information given by the Specialist.
6.2. The Member is responsible for the accuracy of the information they provided during eKonsey membership. If it is determined by eKonsey that the information provided is not correct, eKonsey reserves the right to freeze or terminate the membership. The Member must provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be deemed to have been violated and the account on the system may be closed without informing the Member. eKonsey also has the right to make all kinds of complaints and file lawsuits with administrative and judicial authorities due to false information.
6.3. The Member is responsible for the use of user passwords regarding the membership account they will create within the scope of this Membership Agreement and its annexes. eKonsey has no responsibility if the system is entered due to the use of these passwords by third parties. Within these matters, they accept that the matters related to the security, storage, keeping away from the knowledge of third parties, and unauthorized use of the tools for accessing the system (username, password, etc.) are entirely their own responsibility. eKonsey has no direct or indirect responsibility for the damages suffered or that may be suffered by Members and/or third parties due to all negligences and faults of the Members regarding matters such as the security, storage, keeping away from the knowledge of third parties, and use of the tools for accessing the system. The Member is responsible for the password and account security on the site and third-party sites. Otherwise, eKonsey and the companies and persons associated with eKonsey cannot be held responsible for data losses and security breaches that may occur or damage to hardware and devices.
6.4. The Member undertakes that they will not violate the rights of third parties during the use of eKonsey and will not engage in actions such as insults, defamation, or actions contrary to customs and traditions.
6.5. The Member accepts, declares, and undertakes irrevocably that they can only benefit from the services offered through eKonsey to receive suggestions in the choice of health services they want to benefit from; that they will not let others use any service in the Site, whether commercial or not; otherwise, eKonsey reserves the right to all kinds of lawsuits and complaints to be made to administrative and judicial authorities; and that they will be responsible for all material and moral, positive and negative damages suffered by eKonsey and third parties.
6.6. The Member accepts, declares, and undertakes that the services provided by eKonsey within the scope of the Distance Sales Agreement and other agreements and their annexes are services involving instantaneous performance in return for a fee; that as of the moment the payment is made by the Member, the medical review labor and the organizational process before the delegation determined by eKonsey shall be deemed to have commenced, and that no refund shall be made thereafter due to the nature of the service. No refund, offset, or transfer may be requested on the grounds of not using the service in monthly/annual or specific periodic memberships for services utilized in return for a fee. Since a Distance Sales Agreement, apart from this agreement, will be signed between the parties regarding the services received in return for a fee, the Member shall comply with the matters specified in the Distance Sales Agreement.
6.7. The Member is responsible for the adequacy of the hardware and access services they are using to access the services provided by eKonsey through the portal and website and cannot hold the Site responsible for not being able to access Site services/not being able to use the services due to these reasons. The Member is obliged to upload documents and information suitable for providing an opinion to the eKonsey portal regarding the services to be provided to them within the scope of the Distance Sales Agreement and its annexes. If these documents are incomplete or not suitable for providing an opinion, a notification will be made to the Member by eKonsey. If the necessary documents and information are not shared by the Member within 5 (five) days despite this notification, the Member cannot make any rights or claims against eKonsey within the scope of incomplete performance, etc. The Member is solely responsible for the accuracy and confidentiality of the information and documents they have submitted within the scope of the relevant law, contract, and provisions of the current legislation.
6.8. In case the Member has any complaint and/or objection within the scope of the services they received at eKonsey, they have the right to report these matters within the scope of the support unit specified by eKonsey on the site and request information about the process. However, since eKonsey has no authority or responsibility regarding the content of the Specialist Opinion (Medical Opinion Report) to be provided by the Specialists, these complaints, objections, and information requests of the Member cannot be regarding the Specialist Opinion (Medical Opinion Report).
6.9. The Member accepts, declares, and undertakes that the responsibility for the information in the health data they declare or upload belongs to themselves and the institution from which they obtained the data; and that eKonsey has no responsibility for errors or omissions in the data they have obtained and uploaded. In case of any damage occurring due to errors in the data declared or uploaded by the Member, all responsibility belongs to the Member, and no claim will be made from eKonsey in any way. In case of any damage to eKonsey due to the faulty data uploaded by the Member, eKonsey reserves the right to recourse to the Member due to these damages it has suffered.
Article 7: Special Warning for International Use
Recognizing the global nature of the internet, the Member agrees to comply with all local laws and other legislation, including but not limited to rules regarding the internet, data, electronic mail, or privacy. The Member specifically agrees to comply with the laws and other legislation in Türkiye or in the country where the Member resides (including GDPR where applicable).
Article 8: Intellectual and Industrial Property Rights
8.1. eKonsey is the owner of all visual, database, information, documents, and all kinds of materials contained within the Site and portal.
8.2. While the authors of articles, videos, and similar materials uploaded by Specialists are the Specialists themselves, eKonsey has the right to use the rights granted to the author for the publication of these materials through the site and portal.
8.3. The Member only has the right to view the services on the Site. Within this situation, the Member does not have the right to use the works belonging to the Specialists for purposes other than their personal purposes. The Member accepts, declares, and undertakes that they will not copy, reproduce, or distribute any material on the Site and will not make it available for the use of third parties, whether commercial or not, in any case. The only exception to this article is accepted as social media accounts permitted to be shared through eKonsey within the scope of personal use, provided that they do not interfere with the link and connection and other identifying data provided.
Article 9: Force Majeure
The term force majeure shall be interpreted as events that occur outside the control of eKonsey and which it cannot prevent despite showing necessary care, including but not limited to natural disasters, strikes, communication problems, infrastructure and internet failures, improvement or renewal works regarding the system, failures that may occur for this reason, power outages, and bad weather conditions, in addition to the cases accepted by law. If force majeure lasts for more than 30 days, the parties have the right to terminate this agreement unilaterally and without compensation.
eKonsey shall not be liable for the performance of its obligations in this agreement in all cases legally deemed force majeure; it shall not be held responsible in any form or level by asserting that the obligations were performed completely or partially, late or incompletely. The Member accepts and undertakes that they will not claim compensation from eKonsey under any name by citing these or similar situations.
Article 10: Personal Data and Privacy
10.1. Content such as e-mail, address, name, surname, etc. provided during membership are accepted as personal data within the scope of KVKK and GDPR provisions. eKonsey undertakes that it will not share this information with other Members without the consent of the Member.
10.2. eKonsey, due to the nature and scope of the services provided, allows Experts to access Member health data (epicrisis, test results, imaging results, etc.) required solely within the limits of the relevant case and for the preparation of the Expert Opinion (Medical Opinion Report), in accordance with the KVKK and GDPR (Law on the Protection of Personal Data) legislation and the explicit consent of the Member. In the event that the Member continues treatment physically with the Expert from whom they received a medical opinion through eKonsey within the following 6 (six) months, the Member hereby gives explicit consent to the sharing of this information with eKonsey by the relevant Expert in accordance with the monitoring of the treatment process and service quality standards. The Member consents to the processing of their special categories of personal data by anonymization or in accordance with the legislation for the purpose of process monitoring.
10.3. Within the scope of providing Remote Health Services, audio and/or video calls conducted for the Expert Opinion (Medical Opinion Report) are not recorded by eKonsey; the confidentiality and security of these calls are ensured within the framework of KVKK provisions. Verbal statements made by Experts during the live meeting are for informational purposes only, and the liability of eKonsey and the Experts is limited solely to the final written Expert Opinion (Medical Opinion Report) transmitted through the system. In the event of a conflict between the content of the verbal meeting and the written report, the document that is binding for the Member and shall be taken as the basis is the written report.
10.4. In order for the Remote Health Service presentation to start, the Member must approve camera and/or microphone access. In case audio and/or video cannot be transmitted between the parties, the Remote Health Service may not start, or if it has started, it may not be continued.
10.5. Conversations held and opinions received within the scope of Remote Health Service conducted through all kinds of written, visual, and similar communication methods between the Specialist or Board of Specialists and the Member through the Site and portal cannot be shared with third parties or published under any name or title without the consent of the Member. However, if this information is requested by official authorities in accordance with the procedure and in cases where it is mandatory to make an explanation to official authorities pursuant to the mandatory legislation provisions in force, it may be disclosed to official authorities.
As opinions are personal health data and thus special category personal data, personal health data are anonymized or deleted by the data controller upon the request of the data subject if the reasons requiring their processing disappear. Data requested to be deleted are transferred to the Central Information System established by the Ministry of Health without disrupting the data integrity, in order to make it possible to establish, use, or protect a right or to provide the data to judicial authorities in case of need. Access to archived data is blocked except for these purposes. Data transferred to the Central Health Information System may be deleted from eKonsey's database 10 (ten) years after the date of transfer. Provisions in other laws regarding the deletion, destruction, or anonymization of personal data are reserved.
eKonsey may obtain information about users and users' use of the eKonsey site by using cookies, which are a technical communication file. The mentioned technical communication files consist of tiny text files that a website sends to the user's browser to be stored in the main memory. The technical communication file facilitates internet use in this sense by storing the relevant status and simple preference settings about a website on the user's computer. This mentioned technical communication file is designed and used to obtain statistical information about how many people use the website in temporal proportion, for what purpose, how many times a person visits the relevant website and how long they stay, and to help generate advertisements and content with dynamic diversity from user pages specifically designed for users. The technical communication file is not designed to receive any other personal information from the main memory. Most browsers are designed to accept this technical communication file at the installation stage, but users can always change their browser settings so that the technical communication file is not placed on their computers or a warning is given when such a file is sent.
Article 11: Termination of Membership
Membership can be terminated by the Member at any time. Since the services utilized in return for a fee are services expressed instantly, price refund cannot be requested in case of membership cancellation.
eKonsey may suspend or cancel the membership unilaterally and without notice due to the Member's failure to comply with the obligations specified in the agreement and may resort to technical preventions that will ensure the Member benefits from the Site again.
Article 12: Validity of the Agreement
If one of the terms of this Agreement becomes partially or completely invalid, the rest of the Agreement continues to maintain its validity.
Article 13: Amendments
eKonsey may change the services offered on the site and the terms of this Agreement partially or completely at any time. Amendments will be valid from the date they are published on the Site. It is the Member's responsibility to follow the amendments. The Member is deemed to have accepted these changes by continuing to benefit from the services offered.
Article 14: Notification
All notifications to be sent to the parties regarding this Agreement will be made through eKonsey's known e-mail address and the e-mail address specified by the user in the membership form. The Member accepts that the address and e-mail address they specified is the valid notification address and that in case of change, they will notify the other party in writing within five (5) days, otherwise, the notifications to be made to this address will be deemed valid.
Article 15: Evidentiary Nature of the Agreement
In all kinds of disputes that may arise regarding the transactions related to this Agreement between the Parties, the books, records, and documents of the Parties, as well as computer records and fax records, shall be accepted as evidence in accordance with the Code of Civil Procedure No. 6100, and the user accepts that they will not object to these records.
Article 16: Applicable Provisions and Law
In disputes that may arise regarding this Agreement, primarily the provisions in this Agreement, and in cases where there is no provision, the laws of the Republic of Türkiye shall be applied regardless of conflict of laws provisions. In the resolution of disputes between the Parties, and in the application and interpretation of the whole or parts of the Agreement, the laws of the Republic of Türkiye shall be valid.
Article 17: Disputes Arising from the Agreement
Disputes that may arise between the Parties within the scope of this Agreement and its annexes shall primarily be resolved through settlement (amicable settlement).
In case an agreement cannot be reached between the Parties within the scope of this Agreement, Istanbul (Çağlayan) Courts and Execution Offices shall be authorized.
Article 18: Enforcement
This Agreement means that the Member has registered for membership and that the Member has read all the articles in the Agreement and accepted all the articles in the Agreement. This Agreement was concluded at the moment the Member became a member and entered into force mutually.