1. PARTIES TO THE AGREEMENT and ITS ESTABLISHMENT
1.1. This Membership Agreement (hereinafter referred to as the “Agreement”) is concluded between Mobilina OU, located at “Valge tn 13, 11415 Estonia, Kesklinna linnaosa, Tallinn” on one hand, operating Bovita (referred to as “Bovita” or the “Company”) and, on the other hand, the Bovita Consultation Member (“Member” or “Consultant”) whose personal information is accurately and completely filled out in the Member Registration form. In this Agreement, Bovita and the Member are individually referred to as the “Party,” and collectively as the “Parties.”
1.2. This agreement is established when the Member, by checking the statement confirming that they have read and accepted this Agreement and following the membership steps, uses Bovita’s mobile platforms or other digital servers (hereinafter referred to as the “Bovita Digital Platforms”).
2. DEFINITIONS
2.1. Agreement: This Agreement concluded between the Parties.
2.2. Consultation Member, Member, Customer: A natural or legal person over the age of 18 who, by approving this Agreement, becomes a user of the services from Bovita platforms.
2.3. Bovita Platforms: All digital and/or web-based and/or mobile application platforms provided by Bovita.
2.4. Visitor: A person who visits any of Bovita platforms without becoming a member.
2.5. Expert Member: A natural person who declares their expertise in a specific field and uses Bovita platforms as an intermediary.
2.6. Session: Communication established by the Member with expert members through Bovita Platforms using visual and/or auditory and/or written means.
2.7. Expert Opinion: The opinion provided by the expert member to the consulting member at the end of the session.
2.8. Expert Member Pool: The common area on Bovita Platforms where access to expert members can be provided.
3. SUBJECT OF THE AGREEMENT
3.1. This Agreement regulates the general rights and obligations of the Parties and the access to the pool of expert members who want to receive consultation through Bovita platforms and the rights and obligations related to the nature of the consultation service to be provided within this Agreement.
3.2. Under no circumstances does Bovita undertake to provide the service promised by the Expert Member and does not interfere with the content of the sessions. The entire responsibility of the session between the Member and the Expert Member is accepted by the parties themselves, as explicitly and mutually acknowledged.
4. RIGHTS AND OBLIGATIONS WITHIN THE AGREEMENT
4.1. Bovita is a digital platform that brings together individuals who are experts in their field and consulting members seeking their knowledge and experience. Primarily, it provides a fast and efficient means of enlightening consulting members with the questions directed to expert members, who accept these questions in accordance with their professional ethics and binding rules. Bovita’s main purpose is to facilitate the meeting of consulting members’ questions with expert members’ answers and consultancy services within the technological possibilities.
4.2. In no event does Bovita’s role as an intermediary on its platforms imply a medical examination, diagnosis, treatment, and, more broadly, any medical advice within the scope of the medical profession. Bovita explicitly states that the consultation service obtained on Bovita platforms does not constitute an alternative to the practice of medicine, emphasizes the importance of physical examination, and is limited to the expertise of the expert member despite all care and diligence. In this context, consulting members and visitors are not advised to make decisions such as discontinuing, changing, or terminating an existing treatment based solely on the knowledge and impressions gained on Bovita Platforms. The correct way to diagnose and plan the treatment of a disease can only be done by the physician who examines the patient.
4.3. To benefit from Bovita platforms as a consulting member, registration as a “member” in the system is required.
4.4. Bovita obliges that all statements made by members must always contain complete and accurate information. Bovita is not responsible for false, misleading, or incomplete aspects of the statements made by its members. While Bovita has no obligation to check the content declared by members during the membership process or after, it may unilaterally terminate the membership at any time if it is learned that it is contrary to the law or Bovita’s corporate policies.
4.5. Bovita does not guarantee the accuracy, completeness, appropriateness, and, more broadly, the benefit derived from the information and/or services provided by expert members. Bovita does not perform/ cannot perform content control on expert opinions and does not guarantee their accuracy or truth. Therefore, it is not responsible for the opinions and information provided by expert members.
4.6. Expert members providing consulting on Bovita platforms share their schedules with the pool of consulting members by organizing their programs according to their availability. Since expert members are not employees of Bovita, no commitments are made regarding working hours. The working hours of expert members are under their discretion. It is possible to partially or completely suspend their activities within the platform, and Bovita is not responsible for any delays or disruptions caused by this.
4.7. In Bovita platforms, if visitors or members produce or share content that promotes actions against public order, general morality and decency, public health, the rights of third parties, and actions that are contrary to the law or encourage such actions, their accounts may be suspended, memberships terminated without any charge, and necessary legal processes may be initiated. Any damages arising from such actions are entirely the legal responsibility of the individuals who perform the action. Bovita can share all the information and documents that the competent authorities may request for legal reasons related to such actions in this regard.
4.8. Bovita is the sole owner of the content on its digital platforms (excluding expert members’ blog posts). The use of Bovita’s platforms and/or contents by the member, within the conditions provided by Bovita, does not grant any intellectual or industrial property rights or any authority to dispose of any kind on them.
4.9. Bovita may change the nature, features, and prices of the services it provides, introduce new terms of use, and make some or all of the services offered chargeable at any time.
4.10. Bovita has the authority to back up and delete information, records, messages, and writings in the member’s use on the pages related to the use at any time as it deems appropriate in terms of form and periods. The member accepts, declares, and undertakes that Bovita has no responsibility for the backup and/or deletion processes and that the member will not claim any rights, receivables, fees, and other material or moral claims from Bovita.
4.11. Bovita may provide links to other websites and/or portals, files, and content owned by third parties. These links may have been provided solely for the purpose of reference convenience with the permission of the owner, and this does not mean that Bovita supports the website/operators being linked to or guarantees the content of the website.
4.12. Bovita may temporarily suspend or completely stop the accessibility of its Platforms and the operation of the system in the event of technical maintenance and other requirements. Bovita is not responsible for any temporary suspension or complete stoppage of the system, and all rights are reserved.
5. RIGHTS AND OBLIGATIONS OF CONSULTING MEMBERS
5.1. The purpose and nature of the consulting service through Bovita platforms are solely to enlighten the consulting member on a specific subject and increase awareness on the subject. The consulting member is aware that the service from Bovita will not, in any way, replace a diagnosis, treatment, or physical examination, that it is not an alternative to a medical examination, and does not constitute a diagnosis, diagnosis and/or treatment planning for any disease. With this awareness, the consulting member intends to use Bovita services.
5.2. The consulting member pre-accepts and declares that Bovita will not be held responsible for the views and information provided by the expert member.
5.3. When registering with Bovita platforms and during communication with the expert member, the consulting member accepts, declares, and undertakes that all information and data regarding themselves are accurate, complete, and truthful.
5.4.The consulting member acknowledges that the services or rights arising from this Agreement cannot be transferred, rented, or made available to third parties, whether individually or as a whole, during the use of Bovita platforms.
5.5. The consulting member must participate in the agreed appointment times with the expert member and online sessions promptly. Requests for changes to the date and time of the session must be communicated to the relevant expert member at least 24 hours in advance. Changes and cancellation requests made within less than 24 hours will result in consequences due to unavailability at the session time. Therefore, the consulting member openly accepts that no requests can be made.
5.6. The consulting member agrees to use Bovita platforms in a lawful manner. In this context, they commit that, while using Bovita platforms and the services offered here, they will not engage in actions or acts that threaten, brutalize, offend, harass, produce or share threatening, pornographic, deceptive, incomplete, and erroneous elements, which can lead to crime, racial and ethnic attacks, mislead people, violate the law, and encourage actions contrary to 5237 Turkish Penal Code and other relevant legislation and international agreements. The consulting member will act with the necessary sensitivity to ensure that such actions and acts do not occur, will not make statements in this regard, and acknowledges that all legal and criminal liability arising from such actions and acts belongs to the consulting member. In this regard, Bovita reserves the right to terminate this Agreement immediately and with all its rights.
5.7. The consulting member accepts that they are fully responsible for any malfunctions, data loss, illegal uses, and damages that may occur on any device, including their computer or any mobile device, and, without limitation, all devices used for accessing Bovita platforms (such as username, password, etc.). The consulting member acknowledges that Bovita is not responsible for damages arising from third-party attacks that may occur over the network due to internet access. The consulting member accepts that they are responsible for the quality, security, and adequacy of all devices, wired and wireless internet access, and connections used during internet access, and are obliged to take necessary precautions.
5.8. The consulting member undertakes to use the service provided by Bovita in accordance with legal purposes. The consulting member acknowledges that Bovita is not responsible for damages that may occur during traffic due to internet access. The consulting member acknowledges that they need to take security measures such as antivirus (virus protection), antispam (prevention of unwanted email), and firewall (firewall) against attacks that may be carried out by third parties over the network during internet access and are responsible for any damages they may incur if they do not take these precautions.
6. FORCE MAJEURE
6.1. Events that did not exist, were unforeseeable at the date this Agreement was signed, and that occur outside the control of the Parties, which render it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities, as listed in the Turkish Code of Obligations, along with problems that may arise in the internet infrastructure such as breakdowns, interruptions, disruptions that may occur at third parties that Bovita receives services from, are considered as force majeure.
6.2. If force majeure events make Bovita platforms inoperable, and if this force majeure lasts for more than 30 days, the parties have the right to unilaterally terminate this agreement without compensation.
7. PRIVACY NOTICE and PROTECTION OF PERSONAL DATA
7.1. Bovita’s “Privacy Policy” and “Disclosure Statement on the Processing of Personal Data” are integral parts of this membership agreement. Consulting members can access all the agreements and contents related to the processing of personal data on the www.bovita.app website by visiting Bovita platforms, creating an account, and benefiting from Bovita services.
7.2. The consulting member consents to the collection, use, transfer, and processing of their personal data openly and with their free will within the framework of this agreement and the policy and disclosure text related to personal data.
7.3. The personal data declared and allowed to be shared by the consulting member on Bovita platforms are collected, stored, processed, used, and shared with third parties based on contractual relations by Bovita or its business partners to fulfill the obligations specified in this Membership Agreement, to run the Platforms, to provide and offer various advantages to the member, and for electronic communication, profiling, statistical studies, advertising, sales, marketing, surveys, and similar purposes. This is done in accordance with the Personal Data Protection Policy.
7.4. Bovita undertakes to take reasonable measures to securely store the mentioned personal data and prevent unauthorized access and illegal data processing, in accordance with Article 12 of the Law on the Protection of Personal Data. The consulting member has the right to use their rights under Article 11 of the Law on the Protection of Personal Data and to change or update their data at any time. For more information on the conditions of use of personal data and their rights in this regard, you can directly examine Bovita’s Personal Data Protection Policy and/or fill out the relevant Data Subject Application Form and send it to Bovita.
8. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
8.1. The “Bovita” brand and logo, the design, software, domain name, and all kinds of trademarks, designs, logos, commercial presentation styles, slogans, and other content created by Mobilina OU, the fikri mülkiyet hakları rights to Mobilina OU, and other parties are owned by Mobilina OU. The consulting member does not have the right to use, share, distribute, display, reproduce, or create derivative works from Bovita’s intellectual property rights without written permission. The member cannot use the whole or any part of Bovita’s mobile application in another environment without Bovita’s written permission. In the event of a breach of Bovita’s or third parties’ intellectual property rights, the member is responsible for compensating all direct and indirect damages and expenses incurred by Bovita and/or the third party concerned.
9. CONTRACT AND SYSTEM CHANGES
9.1. Bovita reserves the right to make unilateral changes to this Agreement and all legal texts, annexes, and integral parts thereof based on the relevant articles of this Agreement or legal, technical, or commercial requirements at any time.
9.2. Bovita will notify the member of any changes to the Membership Agreement and its annexes through a notice that the member can view when logging into their account. The member is responsible for always following the current version of these texts through the links on the Bovita website or application.
9.3. In exceptional cases, Bovita may request the member’s approval to continue using the services by clicking the relevant button to accept changes. However, this situation does not relieve the member of the obligation to always monitor the terms of the Agreement as stated in Article 9.2.
9.4. By continuing to use the services offered before terminating the contract, the consulting member is considered to have accepted these changes and acknowledges that they will not claim ignorance of the changes or the termination of the Agreement in the future.
10. EFFECT AND TERMINATION
10.1. This Agreement begins when the member completes the registration form and confirms it by pressing the relevant button and remains valid until terminated.
10.2. The member can terminate their membership at any time.
10.3. Bovita reserves the right to suspend membership, cancel membership, and take technical measures to block access to the site again in cases where the member does not comply with the written rules of this Agreement, does not adhere to the specified appointment times, complaints arise, and the nature of these complaints, or engages in unlawful activities.
10.4. Even if the member terminates their membership or if it is suspended/canceled by Bovita, the member will continue to be personally responsible for the actions they have taken during their membership.
11. MISCELLANEOUS PROVISIONS
11.1. Applicable Law. Any disputes arising from this Agreement will primarily be subject to the provisions of this Agreement, and in the absence of a provision, will be subject to the laws of the Republic of Turkey and other relevant legislation.
11.2. Entirety of the Agreement. If any provision of this Agreement is canceled or found to be illegal, this cancellation or invalidity will not affect other provisions of the Agreement and will not prevent the enforcement of these provisions as far as permitted by law. Therefore, except for the canceled or invalid provisions, the other provisions of the Agreement will be valid and enforceable to the extent allowed by the laws.
11.3. Evidence Agreement. The member acknowledges that in case of disputes arising from this Agreement, Bovita’s records, microfilm, microfiche, and computer records will be definite and binding evidence in accordance with Article 193 of the Law on Civil Procedure numbered 6100.
11.4. Resolution of Disputes. All disputes that may arise between the parties are initially sought to be resolved through reconciliation. In cases where reconciliation cannot be achieved, the Istanbul Central Courts and Execution Offices are authorized.
11.5. Communication and Notifications. All notifications to the member under this Agreement and for any potential disputes between the parties will be made through the specified residence addresses and email addresses. The member acknowledges that the communication information in the system is up-to-date and valid and commits to notifying Bovita within five business days if there is any change in this information. Otherwise, notifications made to the last registered addresses in the system will be considered valid.