User Agreement

TERMS OF USE

1. Terms of Use

Please read the following terms to use the Health Tourism Portal Health Türkiye (“Health Türkiye”). By visiting Health Türkiye and/or using its mobile applications and/or as a healthcare service provider, you hereby acknowledge, declare and undertake that you have read these terms of use, that you fully understand its content, that you unconditionally accept all matters specified in the terms of use, which are available on Health Türkiye and which will take place over time, and that you will not raise any objections or defenses in relation to all matters specified in Health Türkiye. If you do not accept these terms, please stop using Health Türkiye.

1.1. The owner of Health Türkiye is Uluslararası Sağlık Hizmetleri Anonim Şirketi (“USHAŞ”) operaing at “Üniversiteler Mah.  Dumlupınar Bulvarı, 6001. Caddesi, No: 9, Ministry of Health, Kat: 8, Cankaya/Ankara”. The services offered in Health Türkiye and specified in Article 3 of these terms of use are provided by USHAŞ.

1.2. “USHAŞ” may change these terms of use and any information and content in Health Türkiye at any time without any notice or notification to the user. These changes will be periodically published on www.healthturkiye.com and will be effective on the date of publication. Any natural or legal person who benefits from Health Türkiye services by paying a certain fee or free of charge or who accesses Health Türkiye in any way is deemed to have accepted the terms of use and any changes made by “USHAŞ” to these terms of use. These terms of use are published on the website www.healthturkiye.com and access to the terms of use is allowed to be accessed by every natural or legal person using Health Türkiye.

2. Definitions

Health Türkiye: The website of USHAŞ, which consists of the domain name www.healthturkiye.com and subdomains connected to this domain name, where USHAŞ offers health tourism services.

User: Any natural or legal person accessing Health Türkiye,

Healthcare Service Provider: A healthcare service provider who has an account with Health Türkiye and benefits from the services offered within Health Türkiye under the conditions specified in this contract,

USHAŞ Services (“Service”): Applications offered by USHAŞ in order to enable the healthcare service provider to perform the business and transactions defined in this contract within Health Türkiye. USHAŞ may make changes and/or adaptations to the services it offered within Health Türkiye at any time. The terms and conditions that the healthcare service provider is obliged to comply with regarding the changes and/or adaptations are announced to the healthcare service provider via Health Türkiye, and the announced terms and conditions enter into force on the date of publication in Health Türkiye.

Content: All kinds of accessible visual, textual and auditory images such as information, texts, files, images, videos, figures, etc. published in Health Türkiye,

Health Türkiye Interface: Internet pages that are used by users in order for users to view the content created by USHAŞ and the healthcare service provider and to query from the HTP, and that command the computer program to perform all kinds of transactions which can be made through Health Türkiye within the designs protected under the Law No. 5846 on Intellectual and Artistic Works and all intellectual rights of which belong to USHAŞ,

Health Tourism Portal (“HTP”): The database protected in accordance with the Law No. 5846 on Intellectual and Artistic Works, which belongs to USHAŞ, where the contents accessed within Health Türkiye are stored, classified, queried and accessed.

3. USHAŞ SERVICES

3.1. USHAŞ ensures that the content uploaded to the HTP by the healthcare service provider can be viewed by users through the HTP by using interfaces.

3.2. USHAŞ provides various types of listing services that prioritize the display of advertisements and offers to enable users to access healthcare provider content more easily within Health Türkiye.

3.3. USHAŞ provides reporting services under various categories for the number of transactions and views performed within Health Türkiye.

3.4. USHAŞ reserves the right to add new ones to the services it provided within Health Türkiye, to change the scope and conditions of provision of the existing services and the content accessed within Health Türkiye at any time, to close access to third parties and to delete them. USHAŞ may exercise this right in any manner it wishes without any notification or prior notice.

4. CONDITIONS AND OBLIGATIONS REGARDING THE USE OF HEALTH TÜRKİYE

4.1. Users may perform transactions on Health Türkiye for lawful purposes. The legal and criminal liability in every transaction and action of the users within Health Türkiye shall belong themselves, and the user acknowledges, declares and undertakes that USHAŞ does not have any liability for such legal and criminal obligations.

4.2. Health Türkiye operates on the basis of viewing the content uploaded to the HTP by healthcare service providers. USHAŞ does not guarantee the accuracy, authenticity, security and legality of the advertisements, offers and contents displayed by the users under any circumstances. Users accept and declare that USHAŞ does not have any responsibility due to the aforementioned announcements, offers and contents, and that USHAŞ will not have any indemnification obligation for any damages that may arise.

4.3. The User acknowledges and undertakes that s/he will not reproduce, copy, distribute and process any pictures, texts, visual and audio images, video clips, files, databases, catalogs and lists included in Health Türkiye, that s/he will not engage in any commercial activity by performing such actions, that s/he will not directly and/or indirectly engage in behaviors and transactions that constitute unfair competition.

4.4. Users acknowledge and undertake that they will not engage in activities that will lead to unfair competition in accordance with the provisions of the Turkish Commercial Code within Health Türkiye, that they will not perform acts that will undermine the personal and commercial reputation of USHAŞ and third parties, that they will not violate or attack their personal rights, that they will act in accordance with the legislation, public order and general moral rules, that they will take the measures and fulfill the procedures required by the legislation, and that they will not engage in attitudes and behaviors that are illegal, criminal, disturbing, damaging personal rights, infringing intellectual rights, copyrights, trademark rights and property rights.

4.5. Users are obliged to use the information they access within Health Türkiye only for the purpose of the healthcare service provider or USHAŞ that discloses this information, and to view it for non-commercial purposes. The contact information in the advertisements and offers entered by the advertiser healthcare service provider may be used for the purpose of contacting to obtain information about the advertisement and offer. Personal data and/or private personal data belonging to the advertiser and bidder or third parties, which are under protection within the scope of the Law No. 6698 on the Protection of Personal Data that may be included in the advertisement, cannot be used for any other purpose, copied, published directly or indirectly in other media, processed, distributed, transferred to other databases and made available to third parties for access and use.

4.6. USHAŞ has a “Hosting Activity Certificate” in accordance with the Law No. 5651. Pursuant to Law No. 5651 and the relevant legislation, it records and stores the records specified in the relevant legislation regarding the transactions carried out by users on Health Türkiye within the legal period in order to comply with the obligations imposed on “Hosting Providers”.

4.7. USHAŞ may use, process, share, disclose, classify and store user information on a database, use it for promotional and informative communication activities, marketing activities and statistical analysis. USHAŞ may also use information such as the user's IP address, which parts of Health Türkiye the user visits, domain type, browser type, date and time for purposes such as statistical evaluation and providing personalized services and offers. USHAŞ may transfer user information to the companies it cooperates with in order to conduct research to improve its processes, create a database and conduct market research, and user information may be processed by these companies limited to the purposes listed above.

4.8. USHAŞ has the right to associate the behavior of the user who comes to the site with a cookie in the browser and to define remarketing lists based on metrics such as the number of pages viewed, the duration of the visit and the number of target completions, to use marketing automation tools and to send special messages/offers and suggestions to the user for the purpose of online behavioral advertising and marketing. It may then display targeted advertising content to this user on the site or on other sites in the Display Advertising Network, based on the interests of users. In addition, Google may place cookies on the Google USERS' browser or read the cookies contained therein or use web beacons to collect information during the routing of AFS advertisements to USHAŞ.

4.9. It is lawful for third parties to access the database where the content accessed and/or viewed through Health Türkiye is stored only for the purpose of viewing the relevant content and/or within the framework of USHAŞ's terms of use. Accesses other than this are unlawful, and USHAŞ reserves all the rights to claim, sue and start legal proceedings.

4.10. USHAŞ allows to view the contents of the advertisements and offers for learning purposes and to use the USHAŞ Interface, and USHAŞ does not allow or consent to similar acts, including attempt to access a certain number or all of the advertisements through the database for a purpose other than this, partially or completely copying the advertisements, customer information, designs, codes and software, information contained in the database, publishing them directly or indirectly in other media, compiling, processing, modifying, transferring them to other databases, making them available to third parties from this database, and linking to the advertisements on USHAŞ. Such acts are unlawful, and USHAŞ reserves the right to claim, sue and start legal proceedings.

4.11. In the event that all or any part of Health Türkiye is used for the purpose of corrupting, modifying, reverse engineering, attempting to crack API protocols by reverse engineering or any other method, and unauthorized access to parameters such as API key, API secret key, request headers, client authentication algorithm, or unauthorized sharing of these parameters with third parties, and in the event of an attempt to access www.healthturkiye.com in a way that blocks, disrupts or interferes with communication or technical systems of Health Türkiye, and that automatic programs, robots, spiders, web crawlers, data mining, data crawling, etc.  “screen scraping” software or systems, automatic tools or manual processes are used on the Website, and in case of unauthorized access to other users' data or software, and attacks and other unlawful uses such as running bots, DDOS attacks and all other kinds of systems to disrupt, change, reduce or destroy the current performance of all or part of the systems and all other kinds of systems as a result of the determinations to be made according to various criteria, such uses will be blocked at the discretion of USHAŞ. Even if there are no such uses, USHAŞ may allow the use of Health Türkiye only after the healthcare provider logs in with his/her username and password when deemed necessary.  It is unlawful to use the content in Health Türkiye outside the limits of use determined by the terms of use, and USHAŞ reserves all rights to claim, sue and start proceedings. In case of detection of use contrary to these terms and laws, USHAŞ has the right to report the user to the competent authorities. The user accepts that s/he is personally responsible for the damages and claims arising from such use.

4.12. The user acknowledges and undertakes that USHAŞ cannot be held liable for any direct and indirect damages that may occur in case of interruption of the service provided by Health Türkiye, disruptions, delays and failures in information transmission, and loss of data.

5. INTELLECTUAL PROPERTY RIGHTS

The information accessed within Health Türkiye or provided by users in accordance with the law and all elements of this Health Türkiye (including but not limited to HTP, USHAŞ Interface, design, text, image, html code and other codes) (collectively referred to as the copyrighted works of USHAŞ) belong to USHAŞ and/or have been obtained by USHAŞ under license from a third party. Users do not have the right to resell, process, copy, share, distribute, display or allow anyone else to access or use services, information and copyrighted works of USHAŞ. Except as expressly permitted by USHAŞ within these terms of use, they cannot reproduce, process, distribute or make derivative works of USHAŞ's copyrighted works.

Unless expressly authorized by USHAŞ within these terms of use, USHAŞ reserves all rights to services, information and copyrighted works of USHAŞ, USHAŞ trademarks, USHAŞ commercial appearance or other assets and information provided through this site.

6. AMENDMENTS TO TERMS OF USE

USHAŞ may, at any time, unilaterally change these terms of use by announcing them in Health Türkiye. The amended provisions of these terms of use shall enter into force on the date of their announcement. These terms of use cannot be amended by unilateral declarations of the user.

7. FORCE MAJEURE

In all cases legally deemed to be force majeure, USHAŞ shall not be liable for any compensation in case of late performance, incomplete performance or non-performance. Force majeure shall be construed as events beyond the reasonable control of the relevant party and which USHAŞ cannot prevent despite exercising due diligence, including but not limited to acts of God, war, fire, strike, riot, insurrection, rebellion, bad weather conditions, infrastructure and internet failures, improvement or renewal works related to the system and all kinds of failures and power outages that may occur for this reason.

8. APPLICABLE LAW AND JURISDICTION

In the application, interpretation and management of legal relations arising under these terms of use, Turkish Law shall apply, except for Turkish conflict of laws rules, in case there is a foreign element. Istanbul Central (Caglayan) Courts and Enforcement Offices shall be authorized to settle any disputes arising or that may arise from these terms of use.

9. ENFORCEMENT and ACCEPTANCE

These terms of use shall enter into force on the date of publication by USHAŞ on Health Türkiye. Users accept these terms of use and any amendments made over time by using Health Türkiye.