INFORMATION ABOUT THE SERVICE PROVIDER:
Title : Hastanem Yanımda Sağlık Hizmetleri A.Ş.
Address : Kurtuluş Mahallesi, Vatan Caddesi, No: 53/9, 26090, Odunpazarı/Eskişehir
Phone : +90 (533) 972 68 26
Email : info@hastanemyanimda.com
1. The parties named below have accepted this agreement on the website (www.hastanemyanimda.com) and mobile platforms (IOS and Android mobile applications) as part of the online patient consulting service provided by the Service Provider.
I. DEFINITIONS
2. In this agreement;
“Company”: Hastanem Yanımda Sağlık Hizmetleri A.Ş., residing at Kurtuluş Mahallesi, Vatan Caddesi, No: 53/9, 26090, Odunpazarı/Eskişehir, owner of the website (www.hastanemyanimda.com) and the applications (IOS and Android mobile applications),
“Website”: (www.hastanemyanimda.com),
“Application”: Platforms consisting of mobile platforms where company services are accessed and subdomains associated with these platforms,
“User”: Any real or legal person accessing the website and applications online,
“Member”: Real and/or legal persons benefiting from the services offered within the website and applications under the conditions specified in this agreement,
“Membership”: The process of registering as a “Member” by filling out the membership form required to become a member from the relevant section of the website and applications, providing necessary approvals and identity information, confirming the accuracy of identity information, and the approval of the registration process by the Company,
“Expert”: Healthcare staff providing patient consulting services.
II. PARTIES
3. The parties to this agreement are; on one side, the Company; on the other side; the person who is a member of/will be a member of the website and applications (hereinafter referred to briefly as “Member”). This agreement has been created to determine the rights and obligations of the parties; the conditions of use of the services, transactions, and content offered on the website and applications, and the responsibilities of the parties.
4. The right and authority to be defined as a “Member” in this agreement cannot be possessed until the membership process is completed.
III. WEBSITE MEMBERSHIP SYSTEM
5. If the user wishes to become a Member of the website and applications, they must first fill out the Membership Form published on the website and applications with correct information, provide necessary approvals, and accept and undertake to comply with the provisions of this agreement. The “Username” is unique to the Member and the same “Username” cannot be given to two different members. The “Password” is known only by the user. The user can change their password at any time. The selection and protection of the password is entirely the user's responsibility. The website and applications are not responsible for any positive or negative damages arising from user errors related to the Member's password usage.
IV. PROVISIONS REGARDING THE USE OF THE WEBSITE AND APPLICATIONS
6. The Member is obliged to protect the right to access the website and applications from unauthorized third-party use and guarantees that it cannot be used by others without authorization, and that they will not enter areas where they do not have authorization. Otherwise, the Member accepts, declares, and undertakes to compensate all positive or negative damages that the Company may suffer.
7. The Member cannot publish any documents, images, reports, and similar content available on the website and applications on their own or anyone else's website or any other media in any way. If the Company suffers any positive or negative damages due to the Member's failure to comply with this obligation, the damages will be due at the moment they arise, and the Member agrees, declares, and undertakes to compensate the incurred damages at the Company's first request without the need for any warning or notification.
8. The Member guarantees that the existing files uploaded to the website and applications are free from viruses, worms, trojans, or any other types of malicious code or materials intended to cause harm. It is entirely the Member's responsibility to meet all software and hardware needs for the electronic devices they own and/or use, which are necessary to prevent such malicious codes or materials, ensure the accuracy of data input and output, or recover any lost data, as well as to maintain and update them. The Company is not responsible for any damage that the Member or third parties may suffer due to such malicious codes or materials, or due to data inaccuracies or losses. The Company commits to protecting the confidentiality of the uploaded existing files unless the Member permits otherwise.
9. The Member acknowledges that they assume all responsibility and risk arising from the use of the Website and applications.
10. The Member accepts and undertakes the following in connection with the use of the website and applications:
- The Member will not change or delete the content of the website and applications or any material included in the website and applications.
- The Member assumes responsibility and risk for the files they have added.
- The Member will use the relevant materials only for their intended purpose and will not use their profile and/or other profiles they have added for personal purposes in any way.
- The Member will not place or transmit any malicious codes or materials, such as viruses, trojans, spyware, and dialer programs.
- The Member will not use the communication features of the website and applications in a manner that restricts or eliminates access to the resources of the website and applications for other members by any means.
- The Member will not assert any rights against the Company for any damages, losses, expenses, and all other claims that may arise directly or indirectly from the actions of members or third parties due to the use of the website and applications.
- The Member acknowledges that they are responsible for every consent they give regarding the website and applications during phone calls made with the Call Center, and that these phone call recordings may be used as evidence if necessary.
- The Member accepts and undertakes that all data, including health data, entered, uploaded, and shared in the system are complete and accurate, and they will update this data immediately in case of any changes, acknowledging that they are solely responsible for any liability arising from incomplete or incorrect data entry or failure to update on time.
- The Member acknowledges, declares, and undertakes that they have obtained the consent of the third party when sharing third-party data related to the services provided.
V. LIMITATIONS OF THE COMPANY'S RESPONSIBILITY
11. The Company shall not be liable for any incidental, consequential, or indirect damages arising from the use or non-use of the website and applications, including but not limited to losses resulting from the loss of profits, business interruption, or loss of programs or information, even if the Company or its authorized representatives have been advised of the possibility of such damages.
12. The Company shall not be responsible for any claims arising from errors, omissions, or other defects within the website and applications and/or materials or information downloaded through the website and applications.
13. The User is responsible for the proper functioning, maintenance, and updating of all phone, computer hardware, internet, and computer security, and any equipment necessary for accessing and using the site. The User is entirely responsible for any damages, lawsuits, and claims arising from non-compliance with these obligations.
14. If the Member violates any provision of this agreement due to the use of the website and applications, they are responsible for all losses, expenses, damages, and costs, including court costs and attorney fees, arising from such violation. The Company cannot be held responsible for any of these items in any way.
15. The Company may suspend the operation of the systems of the website and applications at any time for a temporary period or completely cease them. The Company shall have no direct or indirect liability to members or third parties for any damages arising from the temporary suspension or complete cessation of the system.
16. The Company is not responsible for any damages that the Member may incur due to technical failures in the services of the website and applications. The Company does not guarantee that its services will always be timely, safe, and error-free under all conditions, nor that the results obtained from the use of the services will always be accurate and reliable, or that the quality of the services will meet everyone's expectations. The Company reserves the right to terminate any communication, publication, or information transfer that may cause harm through the website and applications at any time and, if necessary, to delete member messages, prohibit the member from accessing services, and terminate their membership.
17. Members are solely responsible for the accuracy, timeliness, and completeness of the information they enter into the system, the files they share, and the documents they upload. In the event that any responsibility arises due to a member's failure to update, or incomplete input of their information, the sole responsible party will be the member. The Company has no liability. In the event of responsibility being directed at the Company, the Company's right to recourse against the Member is reserved.
VI. INTERNATIONAL USE
18. Aware of the global nature of the Internet, the Member agrees to comply with the legislation of the Republic of Turkey, all local legislation in the country where the Member uses the website and applications, and international legal rules, including but not limited to rules regarding the internet, data, electronic mail, or privacy.
VII. ONLINE APPOINTMENT AND MEETING
19. In order for the transactions to be completed, the member must pay the relevant payment amount selected from the fees section via credit card, debit card, or one of the payment methods permitted by the system. An appointment will be made with Experts at the scheduled time for the online appointment for which payment has been made. The appointment can only be canceled by the member who made the appointment through the system up to 24 hours in advance. For a canceled appointment, the member may, if desired, make a new appointment with a different expert at a different date and time with the admin appointment given to them, or completely cancel the appointment process and receive a refund of the paid amount, depending on the payment type. Appointments cannot be canceled and refunds will not be made if canceled less than 24 hours before the appointment time. Online meetings are for the duration determined by the experts; if the paid duration is interrupted for various reasons during the meeting, the remaining time will be credited back to the member as a promotion, and the member can use the remaining time at any time only with the Expert with whom the interruption occurred. Report consultations cannot be canceled after the report has been sent, and no refunds will be made.
VIII. Privacy
20. The Company has adopted various privacy principles to protect members' privacy and to ensure that they can benefit from the technological infrastructure at the highest level; these privacy principles have been established to be applied regarding the collection and/or use of data on the website and applications.
21. By visiting and/or using the website and applications and/or becoming a member, the User is deemed to have accepted all the aforementioned principles.
22. The Member can make corrections and updates, such as in the "Privacy Notice" section, at any time without prior notice based on feedback received from one of the communication addresses specified in the website and applications.
23. The Company may update the "Privacy Notice" clause periodically, and users can be informed of new developments by visiting this clause at any time.
24. To identify issues related to the system on the website and applications and to urgently resolve potential problems, the Company may, when necessary, record users' IP addresses and use these records for the mentioned purposes. These IP addresses may be used by the Company to identify its users and visitors generally and to collect comprehensive demographic data.
25. The Company's obligations to retain traffic data as specified in Law No. 5651 are additionally reserved.
26. The Company may provide links to other sites within the website and applications. It may publish advertisements of third parties with whom it has agreements and/or application forms regarding various services, and may direct Users to the site of advertisers or third parties with whom it has agreements through these forms and advertisements. The Company has no responsibility regarding the privacy policies of or the content hosted on other sites accessed through these links.
27. The Company considers it a responsibility to keep confidential information entrusted to it strictly private and confidential, to treat it as a secret, and undertakes to take all necessary measures to prevent the public disclosure or unauthorized use of any part of the confidential information, or its disclosure to third parties, showing due diligence.
28. The Company may obtain information about users and their use of the website and applications using cookies, which are technical communication files. The mentioned technical communication files consist of small text files sent by a website to the user's browser to be stored in the main memory. The technical communication file facilitates internet use by storing relevant statuses and simple preference settings on the user's computer regarding a website. The mentioned technical communication file is designed and used to obtain statistical information about how many people use the website over time, the purposes for which a person visits the relevant website, how many times they visit, and how long they stay, and to help produce dynamic diversity of advertisements and content from user pages specifically designed for users. The technical communication file is not designed to obtain any personal information from the main memory. Most browsers are set up to accept this technical communication file by default, but users can always change their browser settings to prevent the technical communication file from being placed on their computers or to receive warnings when such a file is sent.
29. Information that may be requested from users who respond to periodic or non-periodic surveys that may be organized by the Company within the website and applications may also be used by the Company and its cooperating individuals or institutions for direct marketing to these users, statistical analyses, and to create a special database.
IX. VALIDITY OF THE COMPANY'S RECORDS
30. The Member declares and undertakes that in any disputes arising from this agreement, the Company's ledger records, microfilm, microfiche, and computer records will constitute valid, binding, definitive, and exclusive evidence in accordance with Article 193 of the Code of Civil Procedure No. 6100, and that this article is of the nature of an evidence agreement.
X. FORCE MAJEURE
31. The term force majeure will be interpreted as events occurring outside the control of the Company, including but not limited to natural disasters, strikes, epidemics, communication problems, infrastructure and internet failures, cyberattacks, system improvement or renovation works, breakdowns that may occur as a result, power outages, and adverse weather conditions, despite the Company exercising due diligence.
32. In the event of any such force majeure, the Company shall not be obliged to fulfill its obligations under this agreement; it will not be held responsible in any form or at any level for the complete or partial late or insufficient fulfillment of its obligations. The Member agrees and undertakes that they will not claim any negative or positive damages from the Company under any circumstances by demonstrating the reasons for such situations.
XI. APPLICABLE LAW AND JURISDICTION
33. In the event of any disputes arising from this agreement, Turkish Law will apply without regard to the conflict of laws provisions in the application and interpretation of all or parts of the agreement, and the Eskişehir Courts and Enforcement Offices shall have exclusive jurisdiction.
XII. NOTIFICATION
34. The electronic mail address declared by the Member in the website and applications shall be deemed the legal postal address for any notifications regarding this agreement. The Member agrees that unless they notify any changes to the existing electronic mail addresses in writing within 3 (three) days, notifications made to the old electronic mail addresses will be valid and deemed to have been made to them.
35. SMS sent to the phone number used by the Member while logging into the system shall also be deemed suitable for notification regarding the use and cancellation of membership, and the Member is considered to have given consent for its use.
XIII. EFFECTIVENESS
36. When the user fills out the User Registration Form and clicks the "I Accept" button at the bottom of the form, this agreement enters into force indefinitely between the parties. The member acknowledges, declares, and undertakes that they have read, understood, and accepted all the provisions contained in this agreement and that they confirm the accuracy of the information they provided about themselves.
XIV. TERMINATION OF THE AGREEMENT
37. Either party may terminate this agreement at any time they wish. A member who terminates the agreement cannot use the Company's services after the termination. The member who terminates must re-approve the agreement to use the services again.
XVI. MISCELLANEOUS PROVISIONS
38. The Company's failure to demand the enforcement of any provision of this agreement does not mean that it waives any provision or right.
39. The invalidation of any provision in this agreement does not affect the validity of the remaining provisions of the agreement.
40. The Company may transfer this agreement, in whole or in part, at any time without notice. However, the member cannot transfer this agreement or any part thereof to a third party.
41. The Company may change the provisions of the confidentiality notices contained in this agreement, provided that it publishes them on the website and applications when deemed necessary. The provisions of the privacy notice amended by the Company are deemed to have entered into force on the date they are published on the website and/or applications.
42. The Company may change the provisions of this agreement at any time, subject to presenting a new annex protocol for approval, may remove certain provisions, or may introduce new provisions.
43. Services that do not require membership may be transformed into a situation that requires membership over time.
44. The KVKK Clarification Text, Informed Consent and Preliminary Information Form, and Cookie Policy are annexes to this agreement, and the parties have read, understood, and accepted them.