TERMS OF USE AND MEMBERSHIP AGREEMENT
TERMS OF USE AND MEMBERSHIP AGREEMENT
("Agreement")
1. Parties
This Agreement is signed by EROM Bilişim ve Telekomünikasyon Ticaret A.Ş., whose head office address is Vişnezade Mahallesi, Süleyman Seba Caddesi, No:79/1 Beşiktaş, İstanbul. (“EROM Bilişim”), psychologists, clinical psychologists and counselors who provide online psychological counseling services through www.usetappy.com, www.usetappy.biz, www.usetappy.us and the TAPPY mobile application (“Platform”). The “Consultant”), the users who receive the aforementioned psychological counseling services (“Member”) and EROM Bilişim have been mutually accepted and entered into force in order to determine the terms of membership to the Platform, terms of use, rights and obligations of the parties.
2. Purpose and Subject of the Contract
The purpose of the contract is for users who are members of the Platform to receive online psychological counseling services by purchasing one of the online counseling packages or single sessions specified in the Agreement, from the Consultant they have chosen and made an appointment with on the Platform. In order to provide the aforementioned psychological counseling services in the most beneficial way to the Member, the terms of use of the Platform and the rights and obligations of the Consultants and Members are regulated within the scope of this Agreement.
3. Terms of Use and Membership
3.1. Membership
3.1.1. To become a member of the platform, it is necessary to be at least 18 years old. Users can become a member of the Platform by filling out the information required for membership completely and accurately. After the membership information is sent, the user will receive an SMS verification code. By entering this code on the Platform, the membership process will be completed. The user can also become a member of the Platform with his facebook account. In this case, it will expressly consent to the processing and storage of social media information by EROM Bilişim within the scope of KVKK. The platform does not have access to the password and other security information of the user's facebook account.
3.1.2. Persons who want to become a member of the Platform as a Consultant are obliged to enter the information and documents required for "Consultant" type membership to the Platform completely and accurately. The Consultant will start to serve within the Platform after the aforementioned information and documents are approved by EROM Bilişim. Counselors consist of clinical psychologists and/or experts who graduated from related undergraduate or associate degree programs, including psychology and psychological counseling and guidance of universities. Applications from people who do not have this titer and education will not be accepted.
3.1.3. EROM Bilişim will not be responsible for the consequences, damages and compensation claims that may arise due to this, if the Consultant or Members provide incomplete, incorrect or misleading information during membership. If it is determined that the information provided during membership is incomplete, inaccurate or misleading, the account of the relevant member may be suspended or removed from the membership completely, in line with the individual opinion of EROM Bilişim.
3.1.4. EROM Bilişim may unilaterally terminate this agreement, suspend the Consultant and/or Members from membership temporarily or indefinitely, or terminate the members' use of the Platform, at any time without any justification, without any notification and without any obligation to pay any compensation, and with immediate effect. .
3.2. Terms of use
3.2.1. Features of the Platform
3.2.1.1. The Platform aims to enable Members and Consultants from all over Turkey to access each other in line with the psychological needs and demands of the Members. By using the search features in the Platform, the member reaches the Consultant, where he can get the psychological support he needs. He buys the one suitable for him from the single session and psychological counseling packages offered according to the consultant's working style and makes an appointment for the date available in the consultant's work schedule.
3.2.1.2. Online psychological counseling sessions can be held in "Video", "Audio" and "Messaging" methods. The duration, method and cost of the sessions can be viewed by the Member during the purchase of the package and/or single session. The Member will be able to access the Consultant's name and surname information, photo, educational information, professional experience and academic publication information. The Consultant will be able to see the publicly available information that the Member has entered on the Platform. During online psychological counseling, the parties can share the information they wish, at their own initiative.
3.2.1.3. Method, fee and duration information regarding psychological counseling packages and single sessions are determined separately for each Counselor. Members can purchase the package or single session they see fit for the Consultant they have chosen. For example, 10 Messaging Package (each messaging session will be 45 minutes), 10 Voice Call Package (each call will be 60 minutes) or 10 Video Call Package (each conversation will be 45 minutes) Member , itself
After purchasing the appropriate package or single session, you can view the Consultant's 30-day schedule and make an appointment accordingly. Appointments can be created for a maximum of 30 days and a minimum of 1 day. The Member will also be able to receive instant online psychological counseling if the Platform status of the Consultant, from which he has purchased a package or a single session, is "Appropriate".
3.2.1.4. The Member is obliged to use the single sessions purchased on the Platform or the online psychological counseling sessions included in the package within 1 (one) year from the date of purchase. Otherwise, unused sessions will be cancelled. In the event that the Member cannot use the psychological counseling sessions in due time due to the reasons arising from the Consultant, Erom Bilişim will provide written information on the subject through the Platform. EROM Bilişim will review the situation, meet with the Consultant and, if it deems appropriate, may give the Member additional time to use the remaining sessions.
3.2.1.5. Appointments can be canceled by the Consultants, provided that the right of use is returned to the Member. Members, on the other hand, will be able to cancel the appointment they have created 24 hours in advance, without losing their right to use it. In this case, the fee will be refunded or the right of use will be refunded, depending on the Member's preference. In case of cancellation of appointments close to 24 hours by the Member, the relevant session will be deemed to have been made and will be deducted from the Member's right of use.
3.2.1.6. An online counseling session can be terminated by the Member or Counselor before it expires. If the Member terminates the session before the time expires, he is deemed to have received the service and the relevant session is deducted from his right to use it. If the Consultant terminates the session before the time expires, the service is not deemed to have been received and the relevant session is not deducted from the Member's right of use. During the session, the Consultant has the right to terminate the session if the Member acts against the law and morality and exhibits obscene, insulting, abuse, harassment and similar behaviors. In this case, the said session is deemed to be completed and no fee or right is refunded. In case the session ends due to connection reasons, the Platform automatically tries to fix the connection problems. If the users cannot reconnect due to their own reasons, the session right is considered used and the fee or session right is not refunded. If the connection problem is caused by the Platform or the Consultant, the session right is returned to the Member's package.
3.2.1.7. All three types of online psychological counseling sessions are conducted through the Platform. Depending on the type of package or single session purchased, the parties can communicate within the Platform via video, audio or just messaging. The parties agree, declare and undertake that they will not contact each other through personal communication channels, that the communication options within the scope of the psychological counseling sessions purchased through the Platform will be carried out, otherwise EROM Bilişim has no responsibility and reserves all legal rights against the parties.
3.2.1.8. Video, audio or written psychological counseling sessions performed on the platform are not recorded. Except for the Member and the Advisor, no one has access to the sessions and the notes taken by the Advisor after the session.
3.2.1.9. The Member accepts that the Consultant may keep notes about himself and the session regarding the online psychological counseling session and these notes will be recorded in the Consultant's account on the Platform. No one other than the Consultant has access to the aforementioned notes on the Platform.
3.2.1.10. After their completed sessions, Members can rate 1-10 to evaluate the Counselors and the online counseling session and write comments containing their evaluations. Consultants can respond to relevant reviews. Comments and evaluations are primarily subject to the approval of EROM Bilişim. Comments that do not contain insults, slang, derogatory and humiliating expressions appear on the Platform -in the Profile of the Consultant and the Member- after they are approved by EROM BİLİŞİM. Comments and evaluations approved by EROM Bilişim cannot be deleted or changed later.
3.2.1.11. Multiple-choice, single-choice or multi-question psychological tests can be created on the platform that Members can apply free of charge. The evaluation obtained as a result of these tests does not mean any diagnosis, diagnosis or detection, and the test results are not recorded on the Platform. Members can administer tests more than once.
3.2.1.12. Members and Counselors can complain about the content of the online counseling session or against the users. Related complaints are examined by EROM Bilişim and necessary actions are taken if content containing violence, slang, insults and obscenity is detected. EROM Informatics, need
li, the user can suspend or delete his account for a period of time or indefinitely and prevent his access to the Platform.
3.2.1.13. Iyzico payment Platform is used for purchases to be made through the platform and as a card storage infrastructure. While making the purchase, a confirmation SMS is sent to the phone number of the Member registered in the relevant payment instrument. If the code reported in the SMS is entered on the Platform, the payment is completed. By choosing the option to store their card information during the purchase, members can make a quick purchase using the same card information in their next shopping. In this case, the Member consents to the processing of the card information on the Platform and keeping it for the duration of the membership or until the card information is requested to be deleted by giving a declaration of express consent. During the payment transactions, İyzi Payment and Electronic Para Hizmetleri A.Ş. is the Data Controller regarding the information requested from the Member regarding the execution of the transaction and the personal data. The member is the sole addressee of his rights and demands under this article.
İyzi Payment and Electronic Money Services Inc. accepts, declares and undertakes that EROM Bilişim has no responsibility in this regard.
3.2.2. EROM Bilişim is not the owner or provider of psychological counseling services provided through the Platform, and has no other obligation than to operate the Platform regarding the provision and receipt of the aforementioned services. In this context, it is not obliged to check the content provided by the members using the Platform and to investigate, detect and take legally necessary remedies whether there is an unlawful activity or situation related to the goods or services subject to this content.
3.2.3. EROM Bilişim brings together the Consultant and the Member through the Platform in line with the purpose and subject of this Agreement, and is not responsible for the actions of the users within the Platform, the content of the online psychological counseling sessions and any disputes that may arise due to this. The legal and criminal responsibility of the Consultants, Members and other Platform users in every transaction and action they take within the scope of the Platform belongs to them. All responsibilities regarding the consultancy services provided through the Platform belong to the Consultant.
3.2.4. Online psychological counseling service is not provided in cases where the member is legally underage, in severe mental disorders, in cases that require psychotherapy, in psychiatric problems that require drug treatment, in cases where the person is at risk of suicide and in cases where there is a criminal element in terms of legislation. The member accepts and declares that he is not in the situations listed above and that he is aware of the limits of the service. Member's age, psychological state, drug use, etc. The Consultant and EROM Bilişim are not responsible for the problems that may arise in cases where the Consultant misleads the Consultant. When such a situation is noticed, EROM Bilişim has the right to interrupt the service and not to refund the fee.
3.2.5. Within the scope of the Platform, the Consultant and the Member cannot engage in acts, behaviors or words that are against the law, general morality, public order or have a political content. In the event that any user acts or acts on the Platform against other users or EROM Bilişim against the current legislation, general morality and good manners, obscene or political content, EROM Bilişim shall be liable to make the necessary complaint, criminal complaint, etc. has the right to apply to judicial units by means of means.
3.2.6. EROM Bilişim does not have any information, access or right to interfere with the written, audio and video calls made during the online psychological counseling session. The parties accept, declare and undertake that the participants of the relevant session are liable to each other in any dispute that may arise for this reason, and that EROM Bilişim cannot be a party to any dispute in this regard.
3.2.7. EROM Bilişim may provide links ("links") to websites and/or channels, files or content owned and operated by different third parties through the Platform. These links are links that are thought to be beneficial to users within the scope of Platform activities, and do not constitute any kind of representation or guarantee for the purpose of supporting the accessed website or the person who operates the site, or for the website or the information it contains. EROM Bilişim has no liability for the portals, websites, files and content accessed through the aforementioned links, the services or products offered from the portals or websites accessed through these links, or their content.
3.2.8. The parties accept, declare and undertake that EROM BİLİŞİM may suspend the membership of the Platform and/or Platform users at any time, for a limited or indefinite period, without any compensation obligation, to terminate the membership and to prevent access to the Platform. EROM IT,
If it determines that the conditions regulated in this Agreement or the provisions of the applicable legislation have been violated, it may conduct the necessary investigation and investigation in this regard, and may take all necessary actions, including terminating the membership. Although this issue is the right of EROM BİLİŞİM, it does not impose any obligation on EROM BİLİŞİM.
3.2.9. The Consultant and the Member declare that they have access to each other through the Platform, that they will not establish a relationship on a platform other than the Platform in accordance with moral, ethical and legal rules in a way that will partially or completely disable the Platform, and that they will not agree on different pricing and payment terms, otherwise EROM BİLİŞİM will not be liable for any damages whatsoever. accepts, declares and undertakes that it may claim compensation and other rights and demands.
3.2.10. All proprietary or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information and method on the platform belong to EROM BİLİŞİM or its specified person and are under the protection of national and international law. Visiting the Platform, becoming a member of the Platform and/or benefiting from the Platform services do not establish any right to third parties other than EROM BİLİŞİM regarding the intellectual property rights in question.
3.2.11. EROM BİLİŞİM, Consultant and Member are legally independent and separate parties. There is no partnership, agency or employee-employer relationship between them. As a result of the approval and implementation of this Agreement, no partnership, agency or employee-employer relationship arises.
3.2.12. The written and visual information on the platform cannot be reproduced, published, copied, presented and/or transferred in any way. Platform users accept, declare and undertake that they will not directly and/or indirectly compete with EROM BİLİŞİM either through these actions or by other means. The whole or part of the platform cannot be used in other media without the written permission of EROM BİLİŞİM.
3.2.13. EROM BİLİŞİM holds the title of "Data Controller" in terms of the personal data requested during the process of becoming a member of the Platform within the scope of the Law on Protection of Personal Data No. 6698. Apart from this, the payment transactions, online psychological counseling session or shared during the bilateral meetings of the Consultant and the Member, requested by the Consultant. and/or the Member does not bear any responsibility in terms of personal data shared, recorded, processed and maintained on its own initiative. The Clarification Text, Privacy Policy, Data Storage and Disposal Policy, Cookie Policy and Distance Sales Agreement published on the Platform are an integral part of these Terms of Use and Membership Agreement, and the express consent, approval and acceptance statements given by the Consultant and the Member are considered valid for each of them. .
3.2.14. EROM BİLİŞİM can send promotional, advertisement, marketing, satisfaction measurement and informative mails or messages to Consultants, Members and other Platform users. Users accept, declare and undertake that they approve the sending of all kinds of information and promotional messages by EROM BİLİŞİM in every medium where the Platform operates, including the mobile environment. Users had the right to make changes regarding the settings in the user account and the receipt of information and promotional messages. EROM BİLİŞİM reserves the right to use user information about its members within the framework of the Law on the Protection of Consumers, the Regulation on Distance Contracts and the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce.
3.2.15. EROM BİLİŞİM has the right to change this Agreement and the texts that are its inseparable parts, in whole or in part, without any notification obligation at any time. The Consultant and Member and other Platform users and visitors accept, declare and undertake that they are obliged to check these texts periodically and to be informed about the changes made, if any.
4. Rights and Obligations of the Parties
4.1. Member's Rights and Obligations
4.1.1. Members are obliged to enter the information requested from them completely, completely and accurately while becoming a member of the Platform. Otherwise, the Member is responsible for any damages and disputes that may arise. If it is determined that the Member has not completed the age of 18 on the date of membership to the Platform, his membership may be terminated or suspended by EROM BİLİŞİM. The Member is also individually liable for any damages that may arise for this reason.
4.1.2. While becoming a member of the Platform, the Member declares that he has carefully read, understood and accepted the Clarification Text, Privacy Policy, Cookie Policy and Distance Sales Agreement, which are inseparable parts of the Agreement, including this Agreement. Creating a membership through the Platform means that the aforementioned texts are accepted and approved.
4.1.3. The member is protected by determining the password and user name during the subscription to the Platform.
He is responsible for the information and is aware that this information should not be shared with third parties. Otherwise, it is directly responsible for the malicious use of the membership account by third parties due to its own fault. EROM BİLİŞİM has the right to demand all damages from the Member, including any judicial/administrative fines and/or compensation that it will have to pay for this reason.
4.1.4. The Member states that EROM BİLİŞİM has no liability regarding the online psychological counseling session conducted through the Platform, and is solely responsible for his actions and actions on the Platform, to the Consultant or to other third parties, in case EROM BİLİŞİM incurs any damage due to his own actions. accepts, declares and undertakes that it will immediately indemnify.
4.1.5. The Member is the only addressee of all requests regarding the online psychological counseling sessions purchased through the Platform, EROM BİLİŞİM does not have any information, access or liability regarding the way and content of the sessions, and EROM BİLİŞİM is not a party to the rights and demands it may put forward in this regard. accepts, declares and undertakes that it cannot show.
4.1.6. The Member is responsible for the purchases and payment transactions made through the Platform by İyzi Payment and Electronic Para Hizmetleri A.Ş. and that all responsibility for payment transactions rests with İyzi Payment and Electronic Para Hizmetleri A.Ş. accepts, declares and undertakes that it will be
4.1.7. While using the Platform, the Member accepts, declares and undertakes that he will act in accordance with this Agreement and the texts that are an integral part of it, that he will not act against the provisions of the current legislation, moral and ethical rules, otherwise he will be individually responsible for all kinds of rights and demands that may arise due to this reason.
4.1.8. The member accepts and declares that he/she shares all kinds of information and documents to be shared during the online psychological counseling sessions with his own initiative and free will and that EROM BİLİŞİM is not responsible for the management, results and content of the online psychological counseling sessions.
4.1.9. Within the scope of the communication he has with the Consultant, the Member will not offer to receive services on a platform other than the Platform and / or the rules of the Platform, that he will not receive services other than the pricing and payment conditions determined on the Platform in order to eliminate EROM BİLİŞİM, and that he will not receive an offer or notification from the Consultant in this regard. He/she accepts, declares and undertakes that he/she will immediately notify EROM BİLİŞİM about this issue in the event of a failure, otherwise he/she will be responsible for all kinds of damages that may arise from EROM BİLİŞİM and for all kinds of rights and demands, including the penal clauses that EROM BİLİŞİM will put forward in this regard.
4.1.10. The Member states that the Consultant information within the scope of the Platform is arranged in line with the information and documents submitted by the Consultant to EROM BİLİŞİM, that EROM BİLİŞİM is not obliged to search, control, confirm and approve the information and documents submitted to it by the Consultant, accepts that the Consultant is solely responsible for any damages. EROM BİLİŞİM does not make any guarantees or commitments about the reliability of the Consultant, that it is appropriate and competent to provide the relevant service, that the services are provided or delivered on time, that it is safe and error-free, that the results to be obtained from the use of the service are adequacy or reliability, or that the service quality meets the expectations.
4.2. Rights and Obligations of the Consultant
4.2.1. The Consultant accepts, declares and undertakes that the online psychological counseling services provided through the Platform will be provided in accordance with professional ethics and morals, qualified, with the utmost care and attention, in a timely manner and as agreed with the Member, in a way that will provide maximum benefit to the Member.
4.2.2. The Consultant is obliged to enter the information and documents requested from him completely, completely and accurately while becoming a member of the Platform. Otherwise, the Consultant is solely responsible to the Member and EROM BİLİŞİM for any damages and disputes that may arise.
4.2.3. While becoming a member of the Platform, the Consultant also carefully reads, understands and accepts the Clarification Text, Privacy Policy, Cookie Policy, Data Storage and Disposal Policy, Consultancy Service Agreement and Distance Sales Agreement, which are inseparable parts of the Agreement, including this Agreement. declares. The fact that the Consultant creates a membership on the Platform means that the aforementioned texts are accepted and approved.
4.2.4. The Consultant declares that EROM BİLİŞİM has no liability regarding the online psychological counseling service it provides through the Platform, and that all actions and actions on the Platform, including any communication it establishes with the Members, are responsible to the Member.
He/she accepts, declares and undertakes that he/she is solely responsible to e/or other third parties and that he/she will immediately compensate for any damage caused to EROM BİLİŞİM due to his own actions.
4.2.5. The Consultant, while using the Platform, shall act in accordance with this Agreement and the texts that constitute its integral part, shall not act against the provisions of the current legislation, professional ethics and ethical rules, otherwise the Member shall be individually responsible for all rights and demands arising from EROM BİLİŞİM and other third parties. accepts, declares and undertakes that
4.2.6. The Consultant has the right to terminate the service if, during the online psychological counseling session with the Member, he/she determines that the remote meeting is not suitable for the situation and/or does not provide any benefit, and has the right to terminate the meeting when he/she is exposed to verbal and/or sexual harassment. The Consultant will not provide psychiatric medication or medical practice to the Member and will not provide psychological attack or crisis intervention services. Otherwise, EROM BİLİŞİM will not be responsible for any problems that may arise.
4.2.7. The Consultant has the title of "Data Controller" within the scope of the Law on Protection of Personal Data No. 6698 against all kinds of information and documents requested from the Member and/or shared by the Member on his/her own initiative during the online psychological counseling services provided through the Platform, He/she is solely responsible for the processing, preservation, sharing with third parties, destruction of the aforementioned information and documents, including the notes he keeps regarding the company, and keeping the aforementioned information securely, in this regard, for any and all kinds of problems that may arise before the Member, EROM BİLİŞİM or other third parties. accepts, declares and undertakes that it is the sole addressee of the right and demand.
4.2.8. The Consultant accepts, declares and undertakes that he will act in accordance with the provisions of the Law on the Protection of Consumers and the Regulation on Distance Sales and will not take any action or statement that restricts or eliminates these provisions. The Consultant accepts, declares and undertakes that all responsibility towards the Member belongs to him within the scope of this Agreement and the provisions of the relevant legislation, and that EROM BİLİŞİM has no responsibility for any disputes, lawsuits and claims arising between him and the Member.
4.2.9. The Consultant, within the scope of his communication with the Member, will not offer to provide services on a platform other than the Platform and/or outside the Platform rules, that he will not provide services other than the pricing and payment conditions determined on the Platform in order to eliminate EROM BİLİŞİM, and that he will not make an offer or notification from the Member in this regard. He/she accepts, declares and undertakes that he/she will immediately notify EROM BİLİŞİM about this issue in the event of a failure, otherwise he/she will be responsible for all kinds of damages that may arise from EROM BİLİŞİM and for all kinds of rights and demands, including the penal clauses that EROM BİLİŞİM will put forward in this regard.
4.2.10. The Consultant has the right to determine and change the type of service (audio, video, written), number (number of calls in the package) and pricing regarding the services to be provided over the Platform, within the framework of the criteria put forward by EROM BİLİŞİM. However, no subsequent changes can be made regarding the session package purchased by the Member.
5. Penal Clause
With the acceptance and approval of this Agreement, the Consultant and the Member will carry out all kinds of communication with each other, including online psychological counseling sessions, through the Platform, that they will not make any action, offer, guidance or information that will disable the Platform and provide different pricing and payment conditions. , otherwise they accept, declare and undertake that they will pay 50.000 TL as penal clause to EROM BİLİŞİM. Payment of the penal clause in this article shall not prejudice other rights and compensation claims of EROM BİLİŞİM arising from the law.
6. Term and Termination
The Agreement will start on the date of membership to the Platform and will remain in effect until the membership is terminated for any reason. The Consultant and the Member agree that the Agreement is in effect as long as user accounts exist on the Platform.
EROM BİLİŞİM has the right to unilaterally terminate the User's account of the Consultant and Member at any time without giving any reason.
7. Pricing and Payment
7.1. Pricing for online psychological counseling packages and single session offered through the Platform will be as it appears on the Platform at the time of purchase. The Member has no obligation to make any payment to EROM BİLİŞİM or the Consultant other than the psychological counseling package fee.
7.2. EROM BİLİŞİM can unilaterally change the pricing of online psychological counseling packages at any time. EROM BİLİŞİM reserves the right to make discounts and campaigns for the products sold on the Platform.
is from. No retroactive fee changes can be made for the package purchased by the member.
7.3. Payments will be made online through the Platform. Iyzico Platform is used for payment and card storage services. The Member can ensure that the payment card information is kept by giving the approvals presented on the Platform. In this case, the Member shall be deemed to have given his explicit consent to the processing, storage and sharing of the card information with third parties when necessary. The member can always request the deletion of the card information by removing the consent given on the Platform.
7.4. The Member is responsible for the purchases and payment transactions made through the Platform by İyzi Dağıtım ve Elektronik Para Hizmetleri A.Ş. and that all responsibility for payment transactions rests with İyzi Payment and Electronic Para Hizmetleri A.Ş. accepts, declares and undertakes that it will be
7.5. Since the online psychological counseling services offered within the scope of the Platform are within the scope of the services performed instantly in the electronic environment, the Member has no right of withdrawal in accordance with Article 15/1-ğ of the Regulation on Distance Sales Contracts. Except for the Distance Sales Agreement to be approved by the Member at the time of purchase and the cases regulated under this Agreement, no refund, sales cancellation and/or session right will be refunded. The parties accept and declare that they are clearly informed about this matter and that they will accept this provision and carry out transactions on the Platform.
8. Force Majeure
The parties shall not be liable for any delay or loss that may arise from failure to fulfill their obligations, which may occur due to force majeure events beyond their control and/or listed in the law. These and similar situations will not be deemed as delay, incomplete or non-performance or default by EROM BİLİŞİM, or no compensation can be claimed from EROM BİLİŞİM under any name.
9. Miscellaneous Provisions
10.1 The failure of any right arising from this Agreement to be exercised within its time limit does not constitute a waiver of the exercise of that right (in the relevant and/or subsequent similar or identical circumstances).
10.2 The Consultant and the Member cannot transfer or assign their rights and obligations under this Agreement or their debts and receivables to a real or legal third party without the prior written consent of EROM BİLİŞİM.
10.3 The Parties have accepted the addresses specified in this Agreement as the notification address. Unless the address changes change the address information in the user accounts for the Consultants and Members, the notification to the existing address on the Platform is deemed to have been made to the relevant Party. Notifications are made through a notary public or by e-mail sent to the e-mail addresses of the parties on the Platform.
10.4 If any article of the Agreement is deemed invalid by a court of competent jurisdiction due to changes or innovations in the applicable legislation, the other provisions shall not be affected by this invalidity. EROM BİLİŞİM has the right to unilaterally make a new regulation that is most appropriate for the situation, replacing the invalidated item.
10.5 The Enlightenment Text, Privacy Policy, Cookie Policy, Data Storage and Disposal Policy, which are the annexes of this Agreement, constitute an integral part of the Agreement and this Agreement is evaluated together with all its annexes in the interpretation and implementation of the Agreement. . In case of any conflict between this Agreement and the annexes, the provisions of the Agreement shall prevail.
11. Privacy
The parties are obliged to keep confidential any information they obtain regarding each other while receiving and providing the services subject to the Agreement. However, although EROM BİLİŞİM does not have any access to the information exchange between the Consultant and the Member, the said parties are individually liable to each other in terms of confidentiality.
EROM BİLİŞİM's confidentiality obligation arising from the law is regulated in the Clarification Text and Privacy Policy, which are an integral part of this Agreement. The parties accept, declare and undertake that they have given their approval and express consent to the aforementioned texts while ratifying the Agreement. The confidentiality obligation regulated in this article will continue even if the Agreement is terminated.
12. Settlement of Disputes and Applicable Law
The provisions and implementation of this Agreement are subject to Turkish Law. All kinds of disputes arising from the contract will be tried to be resolved by amicable means first, and if it is not successful, Istanbul Anatolian Courts and Enforcement Offices will be authorized to settle the disputes.