Membership Agreement

MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement”) has entered into force by being concluded electronically between ……………………………… at the address ………………………………… on the one hand and the “Member” who approves the annexes of this Agreement and other terms and rules on the Platform, which are an integral part of this Agreement, in order to become a member of the Platform on the other. CALLHEALER and the Member shall be referred to individually as the 'Party' and together as the 'Parties'.

The annexes of this Agreement and all written processes, explanations and all other additional documents regarding the use of CALLHEALER services offered on the Platform shall be an integral part of the Agreement.

Within the framework of these issues, the Parties have agreed on the conditions set forth in this Agreement.

1.     DEFINITIONS

Platform: It refers to the private virtual page of CALLHEALER brand, whose ownership and all intellectual and industrial rights belong to OPSİS LTD ŞTİ, pursuant to the Industrial Property Law No. 6769 and Law No. 5846 on Intellectual and Artistic Works, and that the website of this brand is contractually entitled to CALLHEALER INTERNATIONAL HEALTH TOURISM LTD to publish and use only at the websites www.callhealer.uk, www.callhealer.co.uk, www.callhealer.de , www.callhealer.us , www.callhealer.com, and on this platform, where the gains from these publications are given to him/her for a certain period of time, the Member can perform the necessary transactions in order to benefit from the Offered Services, enter the company/personal information requested from him, and follow the sales transaction details.  

Member: Refers to the people who are members of the platform and who benefit from the services offered on the platform within the specified conditions. In order to attain membership status, the membership form on the platform must be completely filled in with correct and truthful information, the registration process must be completed and this status must be approved by CALLHEALER. This application can be rejected by CALLHEALER without giving reasons or the acquired membership status can be terminated without giving reasons.

Service / Services: These are the applications offered by CALLHEALER that enable the member to carry out the work and transactions defined in this contract and its annexes.

Health Institution: Refers to the legal or natural person who provides health and health-related services through the advertisements published on the account created on the Platform.

Tourism agency: Refers to the intermediary institution, legal or natural person, that provides members with health services through the advertisements published on the account created on the platform, services for FLIGHT TICKET, ACCOMMODATION, TRANSFER and TOUR.

1.     SUBJECT MATTER AND SCOPE OF THE AGREEMENT

1.1.  The object of this agreement is to determine the conditions for the use of the services offered by CALLHEALER on the platform by the member as well as the rights and obligations of the parties in this regard.

1.2.  The member declares that they are aware that CALLHEALER is an organizational, tourism and advertising company and in no way a health institution.

1.3.  The relationship between the healthcare facility, the travel agency and the member falls outside the scope of this Agreement; CALLHEALER only grants the right to sell services to the Health Institution and the Tourism Agency on the Platform and under no circumstances is it a party to the contractual relationship between the Health Institution, the Tourism Agency and the Member. The health establishment and tourism agency, not the CALLHEALER, is responsible for the services to be obtained by the member via the platform within the framework of the provisions of the applicable legislation towards the member.

1.     RIGHTS AND OBLIGATIONS OF THE PARTIES

1.1.  The member shall create a username and password while subscribing to the platform and uses this information to access the profile page and perform some other operations. The security and confidentiality of the member's password and username is the sole responsibility of the member. The member has waived in advance to claim the invalidity of the transactions made by logging in via his profile, as it is an unauthorized transaction. Even with such transactions, all responsibility will be covered by the member him/herself. In the event of an action against or at the expense of CALLHEALER using the member's password, the member is obliged to cover the damage caused by CALLHEALER as a result of these actions.

1.2.  The member may in no way transfer or assign his rights, interests or obligations under this contract to third parties without the written consent of CALLHEALER. Any assignment or transfer without the written consent of CALLHEALER shall be null and void.

1.3.  CALLHEALER stores the personal data provided during the membership process and throughout membership in a secure environment. CALLHEALER may use this information for the purpose of advertising and marketing the activities and applications of CALLHEALER and its business partners, for the purpose of carrying out the applications required for the complete and proper operation of the services, for statistical evaluations, for announcement and other purposes and may only be passed on anonymously to third parties for the reasons mentioned above. The healthcare facility accepts and declares that it consents to the use and storage of its information by CALLHEALER in accordance with the provisions of this article.

The information accessed within the platform and database, interface, design, text, image, HTML code, other code, etc. of that platform. All elements belong to CALLHEALER. The1.1.  member has no right to sell, process, share, distribute, display or allow others to access or use the services. Unless expressly permitted by CALLHEALER, you may not reproduce, process, distribute or create derivative works from the copyrighted works of CALLHEALER. With the conclusion of this agreement, CALLHEALER gives the member a non-exclusive and non-transferable right of use (simple license) for limited use of the platform within the framework of the agreement and for the purpose of using the services.

1.2.  The Health Institution and the Tourism Agency are obliged to carry out all their activities on the Platform in a way that will not harm the Platform in any technical way. Health Institution and Tourism Agency accepts, declares and undertakes that it has taken all necessary measures to ensure that all information, content, materials and other content it will provide to the Platform do not contain any programs, viruses, software, unlicensed products, etc. that may harm the system, to take promptly the measures  (including using necessary protective software and licensed products) requested by CALLHEALER for the purpose of implementing the provision of this article.

1.3.  CALLHEALER reserves the right to make changes to the platform in order for the platform to function fully and properly. For this purpose, CALLHEALER reserves the right to change the services and content offered at any time and without prior notice.

1.4.  CALLHEALER provides the Platform and the Services 'As Is' and does not make any claims or commitments that the Platform and Services are error-free, flawless, uninterrupted, perfect or that they will meet the specific needs of the Member. CALLHEALER (i) is not responsible for the Member's use, non-use, misuse of the Platform and Services; (ii) for all hardware, system software/other software and network-related functionality and any resulting malfunctions; (iii)  for network, internet connection, connection errors; (iv) for any errors and malfunctions that may occur as a result of any changes, updates and similar works to be carried out on the Platform, (v) for voltage fluctuations, battery and power cuts, virus contamination and similar factors; (vi) for operating system incompatibilities; (vii) and is not responsible for any direct or indirect damages arising from the emergence of incompatibilities or errors that prevent the Member from using the Platform, without being limited to those listed above, and for moral and financial damages and compensation claims that may be made by the 'Member' or a third party in this context.

3.8  CALLHEALER or the Health Institution and the Tourism Agency cannot be held responsible for the health services designated by the Member and purchased through the Platform, as well as for mistakes in the selection of flight, accommodation, transfer and tour made by himself.

1.2.  Member payments are made by the intermediary institution STRIPE (www.stripe.com)  using the VISA and MASTERCARD systems. With this contract, the MEMBER accepts in advance the terms and conditions of the institution to which the STRIPE system is connected upon receipt of payment. The payment received is held in the pool via the service's CALLHEALER system, i.e. without the CALLHEALER authorization, and the return of incorrect payments is subject to the CALLHEALER rules.

3.9.a The refund policy is based on the rules of the intermediary payment platform company and the rules of the Call Healer company.

3.9.b The member can cancel the purchased health service. The refund of the canceled cancellation will be returned within 20 working days by deducting the transaction fee on the CALLHEALER site.

3.9.c The flight ticket fee received by the member from the tourism agency is non-refundable but can be converted into a non-terminated ticket by the patient. The tourism agency is obliged to provide the member with the complete information on the AIR TICKET on this subject

3.9d The member can cancel the HOTEL, TRANSFER, TOUR package fee refund received from the tourism agency 10 days before using this package. However, package fees canceled during this period will be refunded. These refunds will be paid to the Member within 20 business days and the refund will be made by deducting the 10% CALLHEALER cancellation fee from the Member's refund.

3.9e The Member may cancel the reimbursement of the fee for the Healthcare Package received from the Healthcare Institution 10 days prior to the use of that Package. However, package fees canceled during this period will be refunded. These refunds will be paid to the Member within 20 business days and the refund will be made by deducting the 10% CALLHEALER cancellation fee from the Member's refund.

1.1.     CALLHEALER and its employees and managers have no obligation to investigate and check whether the content provided on the Platform by the Health Institution and Tourism Agency is in compliance with the law, its authenticity and accuracy.

1.2.  The Member accepts and declares that the Health Institution is a party to the contracts to be concluded regarding the services purchased from the Health Institution and Tourism Agency through the Platform, and that CALLHEALER is not a party to the aforementioned contractual relationship, and that the Health Institution and Tourism Agency are personally responsible in all respects within the scope of the consumer law legislation and other legislation in force within the scope of the law of the country to which the Health Institution and Tourism Agency are subject to the Member, and that it releases CALLHEALER from all kinds of responsibilities and obligations.

1.3.  airline ticket companies are responsible for changes to flight ticket times requested by the member.

1.4.  In the event that the member of CALLHEALER is suspended or removed from membership for any reason and is blacklisted by the CALLHEALER platforms, the member cannot become a member of the platform with another user account.

CALLHEALER works as a 'hosting provider' in accordance with the Law No. 5651 and does not guarantee that certain results will be achieved by performing the contract itself. CALLHEALER, makes no statements or representations, including but not limited to the infringement of intellectual property rights, the accuracy of the content of the advertisement,

1.1.  in connection with the use of the platform. CALLHEALER also assumes no responsibility for the late delivery, interruption or provision of services under the contract for any reason, including but not limited to maintenance, repair work, technical malfunctions.

1.2.  The Member shall make the payments to be made for the purchase of health services and for the flight ticket, accommodation, transfer and tour fees to be obtained from the Tourism Agency with a CREDIT CARD (VISA or MASTERCARD). But  It accepts, undertakes and declares that it will not make payments with banks and financial institutions belonging to Afghanistan, Burundi, Central African Republic, Chad, Republic of Congo, Crimea, Cuba, Democratic Republic of Congo, Eritrea, Iraq, Iran, Libya, North Korea, Somalia, South Sudan, Sudan, Syria, Venezuela and Yemen, including money transfer or payments made by credit cards.

1.3.  CALLHEALER can change any clause of this agreement by posting it on the platform. The amended provisions of this Agreement will take effect on the day they are announced; the remaining provisions shall remain in force and continue to have their provisions and consequences.

2.     CONFIDENTIALITY

2.1.  Member declares, accepts and undertakes to pass on his personal data to health institutions that wish to make suggestions on the topics requested by the member in order to benefit from the services.

2.2.  CALLHEALER may use the Information such as name-surname, telephone number, e-mail address requested during membership, other than the purpose and scope determined by the contract; for promotional and informative communication activities, research, marketing activities and statistical analysis; or to contact the Member when necessary, subject to the conditions stipulated in the current legislation and by obtaining additional approvals and express consents when necessary, via SMS, e-mail, on-site notifications and similar methods. Also, Personal data may also be transferred to, processed and used by companies in cooperation with CALLHEALER in order to conduct research to improve the processes of the Platform, to create a database and to conduct market research, subject to the conditions stipulated in the legislation in force and by obtaining additional approvals and express consents when necessary.

2.3.  CALLHEALER may at any time make changes to the privacy policy and other policies, procedures, contractual clauses and terms of use relating to personal information. Changes will take effect as soon as they are published on the platform. The member is obliged to follow these changes and cannot assert any claims or claims for damages against CALLHEALER with regard to these changes.

2.4.  The member accepts, declares and undertakes that, in accordance with the KVKK(Pers.Data.Prot.Law), CALLHEALER has no obligation or responsibility for any personal data other than the mandatory personal data it collects in its own systems for the use of the website.

1.1.  The Member accepts, declares and undertakes that the Law on the Protection of Personal Data No. 6698 and its secondary regulations, as well as the decisions and regulations of the Personal Data Protection Board, will be applied in relation to his personal data, in case he is a natural person residing in the European Union, and that Turkish domestic law will be applied in all legal problems that may arise, regardless of the conflict of laws rules, and that the European Union Directive 95/46/EC and the General Data Protection Regulation (GDPR), which entered into force in the European Union in May 2018, will not be applied, and that the Law on Turkish International Private and Procedural Law waives from demanding the application of conflict of laws rules.

1.2.  The member accepts, declares and undertakes that CALLHEALER has no involvement or contribution in cases such as the recording, processing, and removal of personal data made public due to CALLHEALER membership by Google or other search engines or similar data indexing systems, and that CALLHEALER has no responsibility for the processing or transfer of his personal data in any form and in any way in structured systems for indexing or searching by other methods, and that he/she will direct his/her application requests as data owner to real and/or legal persons who operate other search engines or search systems, indexing systems, especially Google, which has the title of data controller in indexing-related processes.

2.     FORCE MAJEURE

In all cases that are legally considered force majeure, the Parties shall not be liable for late or incomplete performance or non-performance of any of their acts determined by this Agreement. In cases of force majeure, delay, incomplete performance, non-performance shall not be deemed to be default or no compensation shall be claimed from the other Party under any name. The term force majeure; will be interpreted as, and unavoidable, unavoidable events beyond the reasonable control of the Parties, including, but not limited to,  natural disaster, riot, war, strike, cyber attack, communication problems, infrastructure and internet failures, system improvement or renewal studies, and malfunctions, power outages and bad weather conditions that may occur due to this reason.

3.     APPLICABLE LAW AND AUTHORIZED JURISDICTION

English law will govern the interpretation and application of this Agreement. Courts of ………………… .. are authorized to resolve disputes that may arise from this agreement.

4.     INTEGRITY

This Agreement, together with its annexes, constitutes a whole; The invalidity, illegality and unenforceability of any provision of the Agreement or any statement contained in the Agreement shall not affect the validity and enforceability of the remaining provisions of the Agreement.

1.     NOTIFICATION

The Member and the CALLHEALER will communicate via the e-mail address that the Member provided while subscribing to the Platform. The mandatory cases specified in the law are an exception, and sending an e-mail to the Member's registered address on the Platform will be considered a written communication, and the Member has the obligation to keep his e-mail address regularly updated.

2.     ENFORCEMENT

The annexes, which are an integral part of this Agreement, and the rules and conditions on the Platform, entered into force by being concluded in electronic environment upon the electronic approval of the Member and the acquisition of the Membership status in accordance with the provisions of the Agreement.  

ANNEXES:

ANNEX-1: Explicit consent text

ANNEX-1

EXPLICIT CONSENT TEXT

We, CALLHEALER INTERNATIONAL HEALTH TOURISM LTD ŞTİ. (the company '); as the data controller, hereby;

·      inform you that your personal data, which we obtain in the following ways, depending on the situation,

·      will be recorded, stored, maintained, rearranged,

·      within the scope of our legal relations,

·      within the scope of the purpose that requires their processing and in connection with this purpose, in a limited and measured manner,

·      preserving the accuracy and most up-to-date version of the personal data you have notified to us or notified to everyone,

·      and that that this personal data will be shared with the institutions that are legally authorized to request this personal data and that it will be transferred to third parties in the country, transferred, classified and processed in other ways listed in the KVKK(PDPL), under the conditions stipulated by the KVKK.

SENSITIVE PERSONAL DATA OF MEMBER

Within the scope of KVKK, your data regarding your race, ethnicity, political opinion, philosophical belief, religion, sect or other beliefs, your dress, association, foundation or union membership, your health, sexual life, criminal conviction if any, and security measures about you,  and your biometric and genetic data are your private data.

Your sensitive personal data that may be subject to processing by us is as follows:

Identity Data              : Religion and blood type information on copy of the identity card/driver's license

Health Data                : Smoking, alcohol use, health history, health declaration, chronic disease, pregnancy status, birth report, epicrisis report, doctor's examination form, drugs, prescriptions and clippings, all kinds of tests, tests and results of advanced diagnostic methods, the person's illness or the letter that the insurance company has written about accepting / not accepting the conditions, information about whether he is disabled,

Visual and Audio Data           : Your visual data that creates an opinion about your apearance-dress and your religious or philosophical belief, your personal data of special nature in recorded phone calls if you share them yourself.

PURPOSE OF PROCESSING YOUR SENSITIVE PERSONAL DATA

Your sensitive personal data mentioned above is processed by the Company for the purposes and reasons stated below. By clicking the checkbox “I have read and understood the explicit consent text. I approve and consent to the processing of my personal data in the ways specified in the text.' regarding this explicit consent text, you will consent to the processing of your sensitive data for the purposes and reasons stated below;

·      Preparing the most suitable offer for you by submitting documents to Health Institutions for the provision of health services

·      Updating existing data in healthcare packages

·      Providing support to the Health Institution and the Member

·      Making sales

·      Recording calls made with Company employees during the customer support process, managing Member/Health Institution complaints within the framework of these recorded calls and providing training to Company employees

·      Follow-up of member satisfaction

Your personal data will be retained for as long as the legal statute of limitations specified in the relevant legislation or required for the purpose for which they are processed. In particular, we recommend that you do not share your sensitive personal data, unless absolutely necessary and/or legally required, in the calls you make to us or to you.

DOMESTIC TRANSFER OF YOUR PRIVATE PERSONAL DATA

Your personal data of special nature mentioned above are transferred domestically for the following purposes and reasons. By clicking the checkbox “I have read and understood the explicit consent text. I approve and consent to the processing of my personal data in the ways specified in the text.' regarding this explicit consent text, you will consent to the transfer of your personal data of special nature to the domestic insurance companies and for the specified purposes, for the purpose and reason of getting a price offer for the health services you have requested;

OVERSEAS TRANSFER OF YOUR PRIVATE PERSONAL DATA

Your personal data, in accordance with the Personal Data Protection Law, especially if the Company has a legitimate interest in sharing the data that does not impair the fundamental right and freedom of the person concerned, or if it requires the performance of a relevant contract,  may be transferred to persons/companies abroad and personal data may be processed by these persons/companies.

Your personal data that can be transferred abroad by us are as follows:

Identity Data: Name, surname, TR ID , date of birth, marital status, gender

Contact Data: Phone, e-mail, address

Health Data: Smoking, alcohol use, health history, health declaration, chronic disease, pregnancy status, birth report, epicrisis report, doctor's examination form, drugs, prescriptions and clippings, all kinds of tests, tests and results of advanced diagnostic methods, the person's illness or the letter that the insurance company has written about accepting / not accepting the conditions, information about whether he is disabled,

Visual and Audio Data: Photograph of a real person

Policy information: Policy number, policy company, policy term

PURPOSE OF OVERSEAS TRANSFER OF YOUR PERSONAL DATA

Your personal data mentioned above are transferred for the following purposes and reasons. By clicking the checkbox “I have read and understood the explicit consent text. I approve and consent to the processing of my personal data in the ways specified in the text.' regarding this explicit consent text, you will consent to the transfer of your personal data above to the following recipient groups abroad and for the specified purposes, for the purposes and reasons stated below;

·      Getting a price quote for the health services you request

·      If you prefer to be informed about our campaigns and promotions, we transfer your personal data to domestic and foreign contracted suppliers that provide the relevant service in order to send you bulk e-mails and SMS.

·      In order to better serve you and our other members and customers, your personal data collected within the framework of the Cookie Policy, the user movement data on the site (where clicked, how long, etc.) we collect, we transfer to companies that provide business development by making such analyzes.

·      We can transfer your personal data to companies we work with, such as Insider, Google Analytics, etc., for sales, marketing and reporting activities.

CONTACT INFORMATION

If you have any questions about your personal data contact us at:

https://www.callhealer.uk 

hello@callhealer.uk 

or by regular mail to:

Callhealer International Health Tourısm Ltd 71-75 Shelton Street Covent Garden London Unıted Kıngdom WC2H 9JQ