Meditopia Counseling Platform Terms

 

 

If you are wishing to obtain counseling from one of the independent counselors available on Meditopia Counseling Platform (the “Platform”),  please know that the following terms and conditions (“Platform Terms”) will apply to your purchases and use and will become a legally binding document between you and Yedi70 Yazılım ve Bilgi Teknolojileri A.Ş. (“Meditopia” or “We” or “Us” or “Our”) in addition to the relevant provisions of Meditopia Member Contract. 

THE PLATFORM DOES NOT PROVIDE ANY HELP IF YOU ARE IN A CRISIS. IN THIS CASE YOU SHOULD NOT USE THE PLATFORM AND YOU SHOULD SEEK HELP FROM THESE RESOURCES. 

IF YOU ARE THINKING ABOUT SUICIDE, HARMING YOURSELF OR OTHERS, OR YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER OR MAY HAVE ANY MEDICAL EMERGENCY, YOU SHOULD CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES IMMEDIATELY AND STOP USING THE PLATFORM.

Meditopia may publish new versions of these Platform Terms from time to time. The updated version will immediately apply to your use of the Platform. You accept any changes to the Platform Terms by continuing to use the Platform following the posting of the changes. You may see the most up-to-date version of these Platform Terms by clicking ___ 

In the event of a conflict between these Platform Terms and the relevant provisions of Meditopia Member Contract, these Platform Terms shall prevail.



  • Platform and Services


  • Meditopia owns and operates a platform (the “Platform”) on which counselees (“Member” or “Counselee” or "You” or “Your”) may connect with independent counselors (“Counselor”) and Counsellors may provide Members with their counseling services (“Counseling Services”).


  • Counselors are neither Meditopia’s employees nor its service providers or representatives. They are independent providers who provide services on their own behalf. They are independent of Meditopia and merely using the Platform to connect and communicate with you. We do not provide any counseling services and the service provider shall always be the Counselors.  Any information or advice received from a Counselor comes from the Counselor, and not from Meditopia. We assume no responsibility for any act or omission of any such Member or Counselor.


  • Notwithstanding anything to the contrary under these Platform Terms, we are not liable for any loss or damage resulting from services provided by the Counselors. You should raise any of your complaints against Counselors directly with them.


  • Meditopia does not accept liability for any of the Counselors’ non-compliance with any laws and regulations. Meditopia does not provide any medical advice, legal advice, or representations in any way regarding any legal or medical issues associated with any Counselor or with goods, or services provided by any Counselor.


  • The Counseling Services do not substitute for psychotherapy or diagnose, prevent, treat, or cure any medical disease, mental disorder, or condition. The Counseling Services provided to you through the Platform by the Counselors are not intended to substitute your relationship with your health care practitioners. 


  • Online counseling may not substitute for in-person counseling and may include potential risks, including, without limitation, insufficient information to allow for appropriate decision making by your Counselor (such as lagging video or sound) and failing of our network and security protocols causing a breach of privacy of your information.


  • We do not represent or warrant that your insurance plan will cover any of the payments you make to use the Platform or that the Counseling Services would meet the requirements of any court order. 


  • We may suspend or terminate your access to the Platform at any time without notice for any reason or no reason as such. We also reserve the right to change, suspend, or discontinue all or part of the Platform, temporarily or permanently, without prior notice.
  • THE PLATFORM IS PROVIDED BY MEDITOPIA "AS IS" AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND; AND, MEDITOPIA HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND MEDITOPIA MAKES NO WARRANTIES THAT THE SERVICES AND ANY OTHER INFORMATION PROVIDED BY MEDITOPIA ARE OR WILL BE SECURE, ERROR-FREE, OR UNINTERRUPTED.


  • Your Use of the Platform


  • In order to use the Platform, you have to be at least 18 years old and be legally capable of entering into binding contracts.


  • You may neither assign any of your rights or obligations under these Platform Terms to any other person nor allow any other person to access or use your account. If we determine that you have allowed any other person or created multiple or duplicate accounts, we may revoke your membership and delete your account (including the the duplicate accounts) without making any refunds.


  • If you are diagnosed with a psychiatric condition or mental illness, or if you require psycotherapy or treatment, or if you may harm yourself or others, then the Platform may not be suitable for your use. In any of these cases, you should not use the Platform and you should immediately seek help from an healthcare provider.


  • The Platform is not designed to provide you any information on which drugs or medical treatment may be appropriate for you. The Counselors are not allowed to prescribe any drugs or provide any medical treatments on the Platform. You should disregard any such advice, if, obtained through the Platform.


  • You should not disregard any in-person care or avoid or delay obtaining in-person care from your medical doctor or other healthcare provider because of acquiring Counseling Services through the Platform. 


  • You ​​shall be responsible for creating and implementing your own mental, physical, and emotional well-being, choices, decisions, actions, and results. We are not and we will not be liable for any acts or inaction, or any direct or indirect consequence of any services provided by your Counselor. You acknowledge your reliance on any Counselor or information provided by any Counselor is solely at your own risk and you assume full responsibility for all risk associated therewith. 


  • We make no representations or warranties that online counseling is legal in the country or State you are residing in. Without prejudice to the foregoing, you hereby represent and warrant that you are physically located in the country or State you have declared in your Platform account. 


  • We require all Counselors on the Platform to be qualified for counseling. The legal requirements for the qualification may vary depending on the location of the Counselor or you. Although we make reasonable efforts to confirm that all Counselors meet the applicable qualification requirements, we make no representations or warranties about the training, skill, qualification, licenses or competency of any Counselor on the Platform. We shall not accept any liability from a Counselor’s non-conformity with the applicable laws and regulations.


  • You understand and agree that, although the Counselor you interact with through the Platform may be a psychiatrist, psychotherapist, physician, or other health professional, Meditopia cannot predict, assess or confirm the competence of the Counselor, or appropriateness for your needs. 


  • The Counselors may display their trainings, skills, credentials, qualifications and/or licenses on the Platform. We make reasonable efforts to confirm these information, but we do not represent or warrant the correctness of any trainings, skills, credentials, qualifications or licenses of the Counselors and we accept no liability arising from their false or inaccurate statements. Notwithstanding anything to the contrary hereunder, the qualifications of the Counselor shall not change the substance of the Counseling Services. 


  • As independent providers, the Counselors may choose to whom they will provide Counselling Services. We cannot make any representations or warranties that any Counselor will remain on the Platform or provide Counseling Services to you at your convenience. If your Counselor stops providing you with the Counseling Services at any moment, we will appoint you another.


  • You acknowledge that the number of Counselors available at your location may be limited. Meditopia does not represent or warrant that a minimum number of Counselors will be available on the Platform at all times. 


  • We may always specify supplemental terms regarding your use of the Platform on relevant sections of the websites or application. Your use of the Platform and all purchases therfor will be subject to these terms as well. These terms may include, without limitation, the rules for Counseling Services, such as acceptable behaviours, and the conditions for cancelling a scheduled session. 


  • You may access other websites or content through the Platform. Meditopia does not control or assess third party websites or content and makes no representations whatsoever about any other website or content that you may access through the Platform. You should take precautions to ensure that other websites or content you access to is free of viruses, worms, and other items of destructive nature. You will be accesing third party websites and content entirely at your own risk. 


  • Your Privacy


  • The Counseling Services are confidential between you and your Counselor. We are not involved in any way with the substance of your interaction with a Counselor or with any part of the Counseling Services. We cannot monitor, access, save, or retain any video calls and cannot be held liable for any breach of privacy. 


  • The confidentiality of the Counseling Services is mutual. You should not record or disclose the content of the video calls. 


  • Meditopia may utilize (without incurring additional costs to you) third-party applications (such as Zoom) to allow the provision of Counseling Services. In such cases, the terms and conditions of such third-party may apply in addition to these Platform Terms. Meditopia accepts no liability regarding any breach of privacy resulting from or in relation to such third parties.


  • As we cannot access the video calls or get involved in the Counseling Services, all data subject requests, under the applicable data personal protection laws and regulations (e.g., GDPR), regarding the collection and processing of your personal data by your Counselor during the Counseling Services must be submitted to your Counselor directly.  Without prejudice to the foregoing, providing you with the Platform requires collecting, processing and transfering of your personal data. Before using the Platform, you should see our Privacy Policy for more information on how we treat your personal data. 


  • We seek and implement adequate network and security protocols and take all appropriate technical and administrative measures in order to prevent data breaches, but we do not represent or warrant that there will be no breaches of privacy.


  • Your Counselor may need to disclose your personal data to third parties (such as law enforcement, emergency lines or your friends and family) when it is required by law or regulations, or by codes of conduct or practice (e.g., if you or any third parties are in serious risk of danger). The local laws and regulations applicable may vary. Meditopia will not accept any liability related to unlawful disclosures or any acts or inactions in this regard. The Counselor shall be solely liable for any unlawful disclosures or any of their acts or inactions.


  • If we receive complaints or feedbacks from you or your Counselor, we may evaluate it on the basis of our legitimate interest within the scope of our Privacy Policy. Nonetheless, we will not be liable for any illegitimate breach of confidentiality on your or your Counselor’s part. We encourage you and your Counselor for the confidential provision of the Counseling Services.


  • We may offer you alternative methods (such as asynchronous messaging and real-time chat) to communicate with your Counselor. These methods will be provided as a way to arrange appointments and to solve technical problems. They will not be subject to confidentiality and therefore, should not be used for Counseling Services. Meditopia shall have the right to review these correspondences, periodically or upon need, in order to maintain the Platform Services or for other reasons in line with its Privacy Policy.


  • Indemnification and Waiver

You agree to defend, indemnify, and hold Meditopia and any of its affiliates, officers, directors, shareholders, employees, sub-contractors, representatives and agents harmless from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity, including any settlement amounts), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Platform, (ii) your breach of these Platform Terms or Meditopia Member Contract or Privacy Policy; or (iv) any negligent or wrongful act or omission by you, including, but not limited to, any infringement of privacy rights, or negligent or wrongful conduct.

YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM MEDITOPIA, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS AS A RESULT OF YOUR COUNSELOR’S ACTIONS OR INACTIONS, OR MEDITOPIA’S  DECISION TO SUSPEND OR TERMINATE YOUR ACCESS TO THE PLATFORM, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MEDITIPIA’S CONCLUSION THAT A VIOLATION OF THESE PLATFORM TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE PLATFORM TERMS.



  • Liability for Our Services

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL MEDITOPIA OR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU FOR (1) ANY CLAIMS OR DAMAGES UNDER THESE PLATFORM TERMS REGARDLESS OF THEORY OF LIABILITY, WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE, OR (2) FOR ANY SPECIAL, CONSEQUENTIAL, RELIANCE, INDIRECT, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING LOST PROFITS, REVENUE OR GOODWILL. IN NO EVENT SHALL MEDITOPIA’S (OR ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES AND AGENTS) LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE PLATFORM TERMS EXCEED THE TOTAL AMOUNTS PAID BY YOU TO MEDITOPIA HEREUNDER.

 

  • Severance

 

If any provision or part-provision of these Platform Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Platform Terms.

 

  • No Waiver

 

No failure on the part of Meditopia to exercise, no delay in exercising and no course of dealing with respect to, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right.