DISTANCE SALES CONTRACT
PARTIES
This Distance Sales Contract (hereinafter referred to as the “Contract”) is entered into between Terapizy Teknoloji Anonim Şirketi (hereinafter referred to as “Terapizy”), located at Maslak Mahallesi Hadımkoru Yolu Caddesi B1 Blok No:2b1 İç Kapı No:108 Sarıyer/İstanbul, and the individual, acting as the Buyer under this Contract and a party to the Terapizy User Agreement, with T.C. Identity Number ………., residing at ………., (hereinafter referred to as the “Buyer”).
Terapizy and the Buyer shall individually be referred to as a “Party” and collectively as the “Parties.”
The Buyer, by completing the purchase of the Services offered by Terapizy, is deemed to have read and accepted all provisions of this Distance Sales Contract without requiring further notice. This Contract is prepared in accordance with the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188, which mandates the establishment of a contract for sales conducted via the internet. The relevant provisions are as follows:
BUYER INFORMATION
Name-Surname: ……….
T.C. Identity Number: ……….
Address: ……….
Phone: ……….
Fax: ……….
Email: ……….
TERAPIZY INFORMATION
Name: Terapizy Teknoloji Anonim Şirketi
Mersis Number: ……….
Address: Maslak Mahallesi Hadımkoru Yolu Caddesi B1 Blok No:2b1 İç Kapı No:108 Sarıyer/İstanbul
Phone: ……….
Fax: ……….
Email: ……….
SUBJECT OF THE CONTRACT
The subject of this Contract is the sale of Consultancy Services requested by the Buyer through Terapizy’s website in an electronic environment, specifying the nature, price, and details of the services. The Contract aims to regulate the rights and obligations of the Parties in accordance with the relevant provisions of the Law and the Distance Contracts Regulation.
DEFINITIONS
3.1. Buyer: A natural person who benefits from the online therapy and consultancy services provided by Terapizy in exchange for a fee and shares personal, product, and service information with consent for the purpose of utilizing these services.
3.2. Online Therapy: A session conducted online between the Consultant and the Buyer, within the service areas determined by Terapizy, at a date and time selected by the Buyer based on the Consultant’s availability.
3.3. Online Payment System: The online payment service provided through Terapizy’s designated payment intermediary, enabling the Buyer to pay for purchased services under the terms and conditions of this Contract using a credit card, debit card, or bank transfer.
3.4. Consultant: A natural person who collaborates with Terapizy under a Consultancy Agreement to provide online consultancy and therapy services and is qualified to offer such services within Terapizy’s framework.
3.5. Services: Online consultancy and therapy services provided to the Buyer by the Consultant through Terapizy’s platform via an online video communication application.
3.6. Personal Data: Any information relating to an identified or identifiable natural person.
3.7. Processing of Personal Data: Any operation performed on personal data, such as collection, recording, storage, preservation, alteration, reorganization, disclosure, transfer, acquisition, making available, classification, or prevention of use, whether fully or partially automated or part of a data recording system.
3.8. Mobile Application: The Terapizy-branded application, available for free download from online mobile app stores for mobile devices.
3.9. Platform: The system enabling Buyers to access online therapy services with a Consultant through sessions or session packages purchased via the website www.terapizy.com using internet-connected computers or other electronic/mobile devices.
3.10. Appointment: The schedule agreed upon by the Parties for the provision of online consultancy and therapy services under suitable conditions.
3.11. Website: The website accessible at www.terapizy.com.
3.12. Terapizy: Refers to Terapizy Teknoloji Anonim Şirketi, the corporate entity representing the business model, iOS and Android software, mobile application, the website www.terapizy.com, and the registered “Terapizy” trademark, established to provide online consultancy and therapy services through digital communication tools.
SERVICE AND ORDER INFORMATION
4.1. The prices listed and announced on the Platform are the sales prices. The announced prices and promises remain valid until updated or changed. Prices announced for a specific period are valid until the end of that period. Terapizy reserves the right to modify service fees at any time. The Buyer reserves the right to terminate the Contract if they do not accept the fee changes. Failure to provide a termination notice immediately or as soon as possible following the change will be deemed acceptance of the new service fee.
4.2. Information regarding the services to be provided under the selected session plan and invoicing details, as agreed by the Parties, will be sent to the email address ……… specified by the Buyer under Article 5. The Buyer may access the selected services by following the steps indicated on the website and/or Mobile Application and making payment via credit/debit card.
4.3. Details of the selected services are as follows:
- Purchased Service: ……….
- Service Recipient: ……….
- Service Price (Including VAT): ……….
- Payment Method: ……….
4.4. The service fee for the selected session plan shall be paid by the Buyer as determined by Terapizy. The services committed to by Terapizy during the service period will be provided in full upon complete and timely payment of this fee. The payment becomes due upon signing this Contract and is payable immediately. If the payment is made in monthly installments, each monthly payment must be made within 4 days following the end of the previous month via the designated payment intermediary. Failure to make the payment within the specified periods entitles Terapizy to restrict or suspend the provision of services within 4 days of the payment due date and to unilaterally terminate the Contract with written notice.
4.5. The details of the online consultancy and therapy services to be provided by Terapizy under the selected session plan are provided below and will be offered to the Buyer during the service period specified in this Contract.
INVOICING INFORMATION
Invoice Delivery Address: ……….
Invoice Title: ……….
Order Date: ……….
Recipient: ……….
OBLIGATIONS OF THE PARTIES
6.1. The Buyer declares, accepts, and undertakes that they have read, understood, and electronically approved the preliminary information regarding the content, scope, sales price, payment method, and invoice delivery of the online consultancy and therapy services available at www.terapizy.com.
6.2. The Buyer shall make the payment of the service fee specified in this Contract using the payment method determined by Terapizy. The Buyer is responsible for any issues arising from incorrect invoicing or delivery address information provided.
6.3. Terapizy declares, accepts, and undertakes to provide the requested Services to a reasonable professional standard, with due care and diligence, and to act as a prudent merchant.
6.4. Upon approval and completion of payment via credit/debit card for the selected session plan, the Buyer will receive access to online therapy services through a link sent to their email address via the website www.terapizy.com and/or the Terapizy Mobile Application. The Buyer may access the paid Services for the specified period using the membership login credentials provided through the website or Mobile Application.
6.5. The Buyer declares, accepts, and undertakes to comply with all terms of this Contract, the rules specified in the relevant provisions, and all applicable legislation while using Terapizy’s services and performing any related actions. The Buyer confirms they understand and approve all terms and rules specified in this Contract.
6.6. Similarly, Terapizy declares, accepts, and undertakes to comply with all terms of this Contract, the rules specified in the relevant provisions, and all applicable legislation regarding the Services requested by the Buyer, and confirms its approval of all terms and rules specified in this Contract.
6.7. In case of any issues with the service content or access, or for other complaints and requests related to the Services, the Buyer may contact Terapizy via email at ………. or by calling the ………. Call Center Support Line during business hours.
6.8. If Terapizy anticipates any adverse situation for the Buyer resulting from written instructions received, it will share its assessments of the risks and dangers with the Buyer in writing in advance. Terapizy may, with just cause and the Buyer’s approval, arrange for services to be provided by a different Consultant before the fulfillment obligation expires.
TECHNICAL CONDITIONS
7.1. To access and fully benefit from the Services provided through Terapizy’s Platform and digital communication tools, the Buyer must first fully and correctly install the digital communication application used by Terapizy. The Buyer must have a Windows or Mac computer, or an iOS or Android phone or tablet capable of running the application correctly. Terapizy is not responsible for errors caused by cookie permissions, deleted cookies, use of extensions such as ad blockers, outdated browsers, or missing or outdated software.
7.2. The Buyer is entitled to terminate this Contract with just cause and proper written notice if Terapizy fails to fulfill its obligations as specified in this Contract.
7.3. The Buyer may terminate their membership at any time by deleting their account and notifying Terapizy. In such cases, the prepaid service fee is non-refundable.
CONFIDENTIALITY
8.1. The Parties declare, accept, and undertake that they are authorized to disclose confidential/private/commercial information to official authorities when required by mandatory legislation or upon lawful requests from such authorities, and that no compensation may be claimed from each other under any name for such disclosures.
8.2. The Buyer declares, accepts, and undertakes that the information provided to Terapizy is accurate and lawful. Terapizy is not responsible for verifying the accuracy of the information provided by the Buyer, nor does it guarantee or warrant the security, accuracy, or lawfulness of such information. Terapizy shall not be liable for any damages arising from incorrect or erroneous information.
PERSONAL DATA PROTECTION
9.1. To provide the Services under this Contract, personal data related to the Buyer and/or invoicing may be processed, transferred, and shared with third parties as permitted by the Personal Data Protection Law No. 6698 (“Law”) in accordance with Terapizy’s obligations.
9.2. The Parties, as data subjects, may access Terapizy’s Personal Data Protection and Processing Policy and Information Notice published at www.terapizy.com to learn whether their personal data is processed, the purposes and legal bases for processing, and the third parties to whom data is transferred. The Buyer may also request confirmation of whether their personal data is used for its intended purpose, correction of incomplete or inaccurate data, or deletion of their personal data from Terapizy’s records by submitting the Data Subject Application Form available on the aforementioned website.
9.3. Terapizy declares, accepts, and undertakes to fulfill all its responsibilities under the Personal Data Protection Law No. 6698.
FORCE MAJEURE
10.1. Events beyond the control of the Parties, unforeseen at the time of signing this Contract, and rendering the performance of obligations under this Contract partially or wholly impossible or untimely (including but not limited to natural disasters, war, terrorism, riots, legislative changes, seizures, strikes, lockouts, significant failures in production or communication facilities) shall be considered force majeure. The Party affected by force majeure must notify the other Party in writing within 30 business days of the occurrence.
10.2. If a Party is unable to fully or timely fulfill its obligations under this Contract due to force majeure, such circumstances shall not be deemed delay, incomplete performance, non-performance, or default, and no compensation or penalties may be claimed from the affected Party. If the force majeure persists beyond 30 days, the affected Party’s obligations shall be suspended until the force majeure ends, ensuring Terapizy’s operations are not disrupted. Upon notification of the end of the force majeure and a positive decision by Terapizy, the Party’s rights shall be fully restored.
RIGHT OF WITHDRAWAL
11.1. The Services provided by Terapizy are considered “instantly performed” services and are generally exempt from the right of withdrawal.
11.2. However, at Terapizy’s discretion and in line with its customer satisfaction policy, the Buyer may exercise the right of withdrawal under the conditions specified in this Contract. The Buyer may request a refund within a maximum of 14 days from the payment date for a purchased session, provided no appointment has been scheduled. The Buyer irrevocably declares, accepts, and undertakes that the right of withdrawal cannot be exercised if 14 days have passed since the purchase date or if an appointment has been scheduled for the purchased Services. For session packages, the Buyer may exercise the right of withdrawal within 2 days after the first session with the selected Consultant, provided no appointment for the next session has been scheduled and the second session has not occurred, by providing written notice to Terapizy. In such cases, as the session package fee is discounted, the fee for the first session (based on the non-discounted single-session rate) will be deducted from the paid amount, and the remaining balance will be refunded to the Buyer.
11.3. The Buyer may cancel any scheduled session within the session plan at any time up to 48 hours before the appointment start time. The cancellation process is conducted through the Platform. In such cases, no refund is provided for the canceled session, but a new appointment can be scheduled. The Buyer declares and undertakes that if an appointment is canceled after the 48-hour period, they cannot request a refund or reschedule the session.
11.4. In any case, the Buyer must use the purchased Services within 1 year from the purchase date. Unused sessions will be forfeited after this period, and no refund or session rescheduling can be requested.
11.5. If the Buyer exceeds the 48-hour cancellation period but notifies Terapizy of their inability to use the Services due to force majeure, Terapizy may, at its sole discretion and subject to the Buyer providing evidence of the force majeure, offer a new consultancy and therapy package or issue a refund. Refunds, if approved following Terapizy’s evaluation, will be processed within 14 days of the Buyer’s request.
11.6. The Buyer must submit their withdrawal notice through the website www.terapizy.com and/or the Terapizy Mobile Application before the withdrawal period expires. Terapizy will promptly confirm receipt of the withdrawal request. Withdrawal requests submitted via mail, email, or other means outside the specified Platform will not be considered valid.
11.7. The Consultant may refuse to provide therapy services to the Buyer, without refund obligation, by providing a valid and reasonable medical justification. The Consultant has the discretion to determine whether all or part of the online consultancy and therapy services under this Contract are unsuitable for the Buyer, even if an appointment has been scheduled. The Consultant’s opinion will be further evaluated by Terapizy, and, to avoid doubt, the Buyer will not be entitled to a refund if a justified reason is established.
11.8. Terapizy is responsible for providing the Services under the conditions specified on the Platform. Except for cases guaranteed under other agreements, all responsibility during the provision of online therapy services lies with the Consultant. The Buyer may only submit requests and complaints to Terapizy.
TERMINATION
12.1. The Buyer is entitled to terminate this Contract with just cause and proper written notice if Terapizy fails to fulfill its obligations as specified in this Contract and the Preliminary Information Form.
12.2. The Buyer may terminate their membership at any time by deleting their account and notifying Terapizy. In such cases, the prepaid service fee is non-refundable, and the purchased services will be provided until the end of the service period, after which the Contract will be deemed terminated.
SUSPENSION OF OBLIGATIONS
In cases of installment payments, if there is any delay in payment for the relevant invoice, Terapizy reserves the right to suspend services until the payment is made by the Buyer.
NOTIFICATION
The email addresses provided by the Buyer during the purchase process and specified in this Contract shall be considered the Parties’ legal residences and official notification addresses. Unless required by mandatory legislation, all correspondence between the Parties under this Contract shall be conducted via email.
WAIVER
The invalidity, illegality, or unenforceability of any provision of this Contract, or the inability of the Parties to enforce or benefit from any provision, shall not constitute a waiver of the right to enforce or benefit from the remaining provisions. The validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
SEVERABILITY
If any provision of this Contract becomes unenforceable or invalid for any reason, including impossibility, the validity of the remaining provisions shall not be affected, and such provisions shall remain in effect. The Parties shall, in good faith, revise the affected provisions (i) in line with the overall purpose of the Contract and (ii) in compliance with applicable laws and regulations.
EVIDENCE AGREEMENT
17.1. The Parties accept and declare that all application records held by Terapizy will be retained for 3 years following the transaction date and that such records constitute an evidence agreement.
17.2. The Parties declare, accept, and undertake that, in resolving disputes arising from the application of this Contract, Terapizy’s books and records, notes kept by its personnel, computer records, electronic records, faxes, and other documents related to this Contract or other agreements shall be considered conclusive evidence under Article 193 of the Code of Civil Procedure, and that this provision constitutes an evidence agreement.
DISPUTE RESOLUTION
Any disputes arising from the interpretation or application of this Contract shall be exclusively resolved by the Istanbul (Çağlayan) Courts and Enforcement Offices in accordance with Article 17 of the Code of Civil Procedure.
OTHER PROVISIONS
19.1. This Distance Sales Contract has been fully read and understood by the Buyer. The Contract takes effect upon the Buyer’s electronic approval and remains in force until terminated by one of the Parties. The Buyer declares, accepts, and undertakes that they cannot claim the Contract’s conditions are invalid or that they do not accept the Contract after completing the purchase, and that Terapizy reserves the right to terminate this Contract at any time if the Buyer does not accept its conditions.
19.2. The Buyer’s rights to file complaints and objections under the Personal Data Protection Law No. 6698 and to apply to the Consumer Arbitration Committees in their place of residence, subject to the monetary limits set annually by the Ministry of Trade, are reserved.