Terms Of Use

I. PURPOSE, SUBJECT AND SCOPE

LIVEMEDY USER AGREEMENT (“USER AGREEMENT”) regulates the conditions that USER must comply with during their visit on LIVEMEDY mobile application and website and using the services on these platforms conducted by LIVEMEDY SAĞLIK PLATFORMU A.Ş. (“LIVEMEDY”). Users visiting LIVEMEDY mobile application or website for various purposes ("USER") are deemed to have accepted this USER AGREEMENT upon their first visit of the platforms.

USER undertakes that he/she read, understood, unconditionally accepted the terms under this USER AGREEMENT, and will not make any objections or pleas to the terms hereunder when visiting LIVEMEDY mobile application or website. In case of denying to accept any of the terms of USER AGREEMENT, USER must immediately end his/her visit on LIVEMEDY platform and not benefit from any of the services provided. All responsibility belongs to the USER, in case of continuing to visit LIVEMEDY platform although not accepting any of the conditions hereunder.

USER accepts, declares and undertakes that any content broadcasted for the use of USER on LIVEMEDY mobile application or website will be subject to the USER AGREEMENT and by accepting the USER AGREEMENT, USER will be deemed to have accepted any term related to the contents broadcasted on LIVEMEDY platforms.

None of the provisions of the USER AGREEMENT grant LIVEMEDY the authority to be the representative or business partner of the USER, to make commitments on behalf of the USER or that may bind the USER. LIVEMEDY mobile application and website does not provide an examination or treatment service, does not prescribe medication or does not have any other similar purpose.

Those under the age of 18 must read this USER AGREEMENT together with their legal representatives and accept all the rules by observing the relevant legislation to visit LIVEMEDY platforms. In case of detecting a contrary use, the minor cannot benefit from the rights of being a USER even if the registration has been completed. LIVEMEDY will not be responsible for any damages or disputes in such a case.

LIVEMEDY has the right to remove or change the content provided through LIVEMEDY mobile application or website at any time and without notifying the USER for updates or other reasons. LIVEMEDY has the right to restrict access to LIVEMEDY platforms partially or completely. LIVEMEDY will not be held responsible for the partial or complete restriction or blocking of access to LIVEMEDY platforms or the unavailability of LIVEMEDY platforms for any reason. The USER accepts and undertakes that he will not make any requests from LIVEMEDY for these reasons.

Modifications and changes made by LIVEMEDY on LIVEMEDY mobile application or website will be effective from the moment they are broadcasted, and the USERS agree to accept each change at their first visit after the change. Any changes to be made in this USER AGREEMENT will be notified to the USER.

In order to ensure more effective use of the services such as the appointments with healthcare professionals, obtaining advice as a recommendation or getting a second opinion from healthcare professionals via LIVEMEDY mobile application and website, it will be possible to engage in a cooperation with various institutions and organizations through methods such as advertising, sponsorship or data sharing. Cooperation engaged within this scope will be in accordance with the relevant legislation and this USER AGREEMENT.

II. RIGHTS AND OBLIGATIONS OF THE USER

USER is exclusively responsible for his/her access and visit to LIVEMEDY mobile application and website. USER cannot, in any way, transfer his exclusive right of use to third parties. USER accepts that he/she is responsible for a third-party use of his/her LIVEMEDY platform access information and the consequences of such use, and that all the transactions made by third party using his/her information will bind the USER.

All the legal and criminal responsibility of the USER for each transaction and action he/she performed through LIVEMEDY platforms belongs to him/her according to Turkish law. LIVEMEDY reserves the right to cancel the account of the USER or ban the USER's access to LIVEMEDY platforms temporarily or completely, in case LIVEMEDY detects any violation of the provisions of the relevant legislation, especially the USER AGREEMENT. The responsibility arising from the damage that may arise due to the USER violating the USER AGREEMENT or the relevant legislation belongs to the USER. The USER accepts, declares and undertakes to indemnify any damages against LIVEMEDY that may arise from the claims or demands of third parties against LIVEMEDY for all these reasons.

LIVEMEDY reserves the right to cancel the membership of the USER temporarily or completely in its own discretion, in case the USER acts maliciously and conflicting with the USER AGREEMENT and the legislation, relating with the services provided through LIVEMEDY platforms.

USER accepts, declares and undertakes that he/she will not make any request from LIVEMEDY in the event that his/her membership is cancelled temporarily or completely due to a violating behaviour.

LIVEMEDY, shall never be liable for investigating the accuracy of the information and contents submitted or modified by the USER on the LIVEMEDY platforms, and to guarantee the safety, accuracy and legitimacy of such information and contents. USER is the only responsible for the activities on its own account and LIVEMEDY is not a party at disputes and not liable for any damages that may arise due to the fact that the USER information and content is incorrect.

The USER accepts, declares and undertakes that if he/she uses any independent device that collects health data (watch, wristband, telephone, etc.), then he/she will give access to such collected data for LIVEMEDY to provide a better service.

III. RIGHTS OF THE USER RELATED TO THE SERVICE CONTENT

USER can select any healthcare professional who is a member of the platform, have an appointment with this professional, consult this professional or get a second opinion from this professional via the services provided on LIVEMEDY platforms, but it should be noted that USER will be never be directed to any member healthcare professional directly. LIVEMEDY specifically does not recommend or support any healthcare provider through the platforms it provides services. The advisory service provided through the mobile application and/or website is for USER to consult healthcare professionals about his/her health conditions, diagnosis and treatment processes and get their advice on these issues. The appointments are made according to the availability of healthcare professionals and held online via audio and/or video call, within the scope of the relevant service. Only advisory consultancy services are provided during the appointment and no diagnosis is made, no treatment is given, and no prescription is issued in any of the services provided on the platform, including the appointments. Appointments made within the scope of this service are definitely not an alternative to a face-to-face medical examination. The service provided through LIVEMEDY mobile application and/or website is different from the face-to-face medical service provided by healthcare professionals. Since LIVEMEDY member healthcare professionals does not have the opportunity to make a medical examination in person to evaluate his/her physical condition, they base their evaluations and medical consultancy on the information USER shared via the mobile application and/or website.

USER accepts and acknowledges that the scope, conditions and risks of the service, by starting to use the services provided on LIVEMEDY mobile application and/or website. The information USER obtains through LIVEMEDY platform is merely a medical advice and this information is limited to the data submitted on LIVEMEDY platform and the info shared with the healthcare professionals designated by the USER. By using the online audio and/or video call service, USER accepts that he/she understands the conditions specified in this USER AGREEMENT and that he/she accepts all the risks in this context, and that the online audio and/or video call service does not cover any oral or written examination or treatment related to his/her health condition.

LIVEMEDY and/or LIVEMEDY member healthcare professionals have no legal responsibility for any health problems, complaints or damages directly or indirectly, that may arise at the end of the online audio and/or video call service, and USER accepts, declares and undertakes that LIVEMEDY and LIVEMEDY member healthcare professionals will not be a party in any potential dispute in this regard.

USER accepts, declares and undertakes that he/she read all the provisions of the Legal Disclaimer, which is an integral part of this USER AGREEMENT.

USER accepts and acknowledges that the appointments with the LIVEMEDY member healthcare professionals, are limited with the time determined by the healthcare professional at his/her own discretion.

USER acknowledges, accepts and approves that either he/she or healthcare professionals can leave the appointment without any reason during the appointment, without waiting the determined appointment time ends.

USER understands, acknowledges and accepts that the appointments made with the healthcare professionals on LIVEMEDY platform is charged per minute.

USER accepts, declares and undertakes that pre-authorization will be held from his/her credit card before the appointment according to the designated appointment duration and the consultancy fee of the selected healthcare professional. Except the case defined in clause III.11, USER will be charged according to the final appointment duration.

USER accepts and acknowledges that either USER or healthcare professional can leave the appointment before the determined appointment time ends. If the appointment ends before the determined appointment time for any reason, USER will only be charged for the total elapsed time during the realized appointment.

USER accepts and acknowledges that the appointment will be automatically cancelled in case the selected healthcare professional is late to the appointment for 3 MINUTES and in such a case no fee will be charged from the USER.

USER accepts, declares and undertakes that if HE/SHE IS LATE TO THE APPOINTMENT FOR MORE THAN 3 MINUTES or DOES NOT PARTICIPATE AT ALL to the appointment, he/she will be charged according to the total time determined for the appointment.

USER knows that, he/she provide feedback in general or on the LIVEMEDY member healthcare professional after the appointment and this feedback will only be disclosed to and seen by LIVEMEDY. Nonetheless, USER accepts and undertakes that the content of the feedback will not be contrary to general morality or will not include any offense of libel or slander. All the legal and criminal responsibility of the USER for such use belongs to him/her and the USER will be personally held responsible for such use.

IV. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All kinds of financial and moral rights regarding the intellectual and industrial property rights arising from the relevant legislation on the content broadcasted on LIVEMEDY mobile application and/or the website (written, verbal, visual information, document, drawing, graphic, model, logo, database, website design and similar content on www.livemedy.com and the posts shared on the mobile application and website) belongs to LIVEMEDY. This includes the authority to use these rights within the country and abroad, to assign these rights to third parties, and the intellectual and industrial property rights that may arise from such rights. LIVEMEDY's rights in this context are protected within the scope of the relevant legislation on intellectual and industrial property rights.

USER agrees not to copy, transfer, distribute, modify, reproduce, save for a future use, publish the content broadcasted on LIVEMEDY mobile application and/or website in whole or in part, without a prior written consent of LIVEMEDY. All responsibility belongs to the USER, in case of such illegal use of LIVEMEDLY content. USER compensates LIVEMEDY’s damage and loss due to such illegal use, at the first request of LIVEMEDY.

The use of LIVEMEDY platforms and the services provided on these platforms will never grant USER an intellectual and industrial property right on any of the content or services provided on LIVEMEDY platforms. USER will never claim any intellectual and industrial property rights on the content broadcasted on LIVEMEDY mobile application and / or website.

V. PRIVICY AND PERSONAL DATA

LIVEMEDY may process personal data shared through LIVEMEDY mobile application and / or website in accordance with the Personal Data Protection Law with law number 6698 and the Privacy Notice, in line with the service purposes of LIVEMEDY.

The payment information requested from the USER at the payment stage is required to keep under the highest security level and therefore encrypted with AES or equivalent technology. By this means, access to the payment information by any unwanted person or institutions during the transaction is prevented and it is ensured that all payment transactions performed between the payment institution and the USER’s credit card through a secure interface.

LIVEMEDY may share the personal data it obtains with third parties in cooperation with the third parties in order to improve the experience of LIVEMEDY, expand and improve its content by anonymizing the personal data for statistical purposes only, and within the confidentiality conditions. Personal data shared with third parties is protected under their own privacy policies that they are committed to providing.

Personal data may be disclosed by LIVEMEDY in cases where LIVEMEDY is obliged to make a statement to the official authorities in accordance with the existing legislation or to the extent required by the legislation and also to protect the legal rights of LIVEMEDY.

VI. LIMITS OF LIABILITY

LIVEMEDY ensures that the content broadcasted on LIVEMEDY mobile application and / or website is as complete and up-to-date as possible, however LIVEMEDY does not provides any guarantee in this regard. LIVEMEDY will not be responsible for any situation under this term.

LIVEMEDY does not give any guarantee that LIVEMEDY mobile application and / or website does not contain any technical errors or harmful elements and will not cause a breakdown or access block for this reason.

LIVEMEDY mobile application and website may contain links or references to third party websites to which LIVEMEDY is not related to, for various reasons such as advertising. LIVEMEDY does not control the information, products and services provided on such third-party websites. Privacy policies and practices of these third-party websites are different from LIVEMEDY and only the relevant third parties are responsible for the content on their websites. LIVEMEDY, hereby expressly disclaims any complaints regarding any content/service or practice on the third-party websites.

VII. DISPUTE RESOLUTION

Any disputes arising out of or related to USER AGREEMENT shall be governed by Turkish law irrevocably consent to the exclusive jurisdiction and venue of the courts of İstanbul or Istanbul Arbitration Center (ISTAC).

VIII. CONTACT INFORMATION

USER accepts LIVEMEDY to contact with him/her via the contact information USER submitted on LIVEMEDY mobile application and/or website. If there is any change in the contact information, USER is required to submit the updated contact information on LIVEMEDY mobile application and/or website. Otherwise, USER accepts that the notifications made by LIVEMEDY to the last declared contact information, will be valid.

IX. ENTIRE AGREEMENT

If any provision of this USER AGREEMENT is void or invalid, only the said provision will be ineffective within the framework of the aforementioned invalidity and this invalidity will not override the remaining part of the provision or other provisions of the USER AGREEMENT.

The fact that LIVEMEDY does not use its rights regulated hereunder partially or does not mean that LIVEMEDY waives its rights.

The USER declares, accepts and undertakes that she has read, understood and accepted all terms of this USER AGREEMENT and confirms the accuracy of the information he/she submitted on LIVEMEDY.