This Agreement is entered into by and between on one hand “Acıbadem Sağlık Hizmetleri ve Tic. A.Ş.”, having its registered offices at the address of Acıbadem Tekin Sok. No:8 Kadıköy, Istanbul (hereinafter to be shortly referred to as “Acıbadem”) and on the other hand, a person who has subscribed / is going to subscribe in the Web Site owned by Acıbadem at the address of http://www.acibademhayatinternational.com (hereinafter to be shortly referred to as “Web Site”) ( hereinafter to be shortly referred to as the “Member”), and this Agreement is created and formulated in order to set down the mutual rights and obligations of the Parties hereto and to determine the conditions of use of services, applications and contents offered on the Web Site.
The following words and terms used in the text of this Agreement are defined as follows: "Web Site” refers to a website comprised of a domain of https://www.acibadem.com.tr/AcibademOnline/ and of sub-domains belonging to and associated with the above cited domain; and "User" refers to and stands for each natural person or legal entity having access to the “Web Site” via on-line connection; and "Member" refers to and stands for a natural person and/or legal entity making use of the services offered by and in the Web Site under the terms and conditions set forth in the text of this Agreement; and “Membership” process is comprised of the stages of filling-in of a membership form required for enrollment purposes by a “User” willing to become a “Member” through the relevant section of the “Portal”, and provision of the required identity data and information, and completion of registration process upon approval of accuracy of identity data and information, and approval of registration by Acıbadem. One cannot have access to the rights and privileges of being a “Member” as described in this Agreement without completing the Membership process.
III. WEB SITE MEMBERSHIP SYSTEM
If a person wishes to become a Member of the Web Site, first of all, he/she is required to fill in the Membership Form published in the Web Site and to provide full and accurate information and to agree and undertake to comply with the terms and conditions of the Membership Agreement cited in this document. In line with his/her decision, the Member clicks the (Become a Member) or (I’m already a member) button available under the Registration Form. If the Member clicks (Become a Member) button, she/he will be deemed to have accepted all of the terms and conditions of this Agreement.
User Name" is specific to the Member, and same “User Name” cannot be assigned to two different members. “Password” is known only by the User. The User may at any time and in his sole discretion change his Password. Selection and protection of the Password will be entirely under the responsibility of the User. Acıbadem may in no event be held liable for errors / problems that may arise out of user mistakes of the Member in the course of use of the Password. A User forgetting his/her password is directed to “I Forgot my Password” section and is asked to complete the security steps for identification of his/her new password. Upon successful completion of the security steps, the Member identifies his new password, and thereafter, this new password is valid and used at each time the Member enters the Web Site after the aforesaid step.
IV. PROVISIONS ON USE OF WEB SITE
- 1. Documents, reports, etc. published by ACIBADEM in this WEB SITE are copies of patient documents and files existing and kept in the records of ACIBADEM, and are documents owned by ACIBADEM. The Member may use the WEB SITE and the existing documents, certificates, etc. patient records contained therein only if and to the extent the Member complies with the terms and conditions imposed in connection therewith.
- 2. This WEB SITE has been prepared as a service of ACIBADEM in order to facilitate the access of the MEMBERS to their personal data kept and available in ACIBADEM. However, ACIBADEM does not give any explicit or implicit warranty as to integrity, accuracy or up-to-dateness of data and information or any kinds of documents contained in this WEB SITE. The documents contained in this WEB SITE may be used officially only if and after they are approved and confirmed by ACIBADEM.
- 3. The MEMBER hereby acknowledges and verifies in advance that the MEMBER has already received all of the required licenses and permissions from third parties designated by himself as and when required for inspection, review, and if needed, downloading and controlling the documents contained in the WEB SITE in the course of use of the WEB SITE, and the MEMBER has all kinds of powers and authorizations needed in connection therewith, and the MEMBER has not ever infringed the rights of third parties by any means whatsoever, and the MEMBER will bear full responsibilities arising out of use of the WEB SITE. The MEMBER shall be authorized to see and access to only the documents, information and reports contained in the WEB SITE relating to third parties designated by himself only if and when such third parties give the legally required and adequate permission therein or said access is possible and in compliance with the pertinent laws and regulations. In the event that the MEMBER does not have the required permissions or exceeds the limits of said permissions and therefore, ACIBADEM incurs any direct or indirect damages and losses hereunder, then, the MEMBER hereby declares, agrees and undertakes to indemnify and hold ACIBADEM harmless from all kinds of such damages and losses immediately upon first demand of ACIBADEM without any further notice or warning.
- 4. The MEMBER hereby represents and warrants that the MEMBER shall be liable to protect its right of access to the WEB SITE from use by unauthorized third parties, and that the WEB SITE cannot be used by unauthorized third parties, and that the MEMBER will himself not enter into areas he is unauthorized, or otherwise, the MEMBER hereby declares, agrees and undertakes to indemnify and hold ACIBADEM harmless from all kinds of such damages and losses that may be incurred by ACIBADEM in relation therewith.
- 5. The MEMBER may in no case publish any one of the documents, reports, etc. contents contained in the WEB SITE in his own web site and/or in web site of a third party or in any other channel whatsoever. If ACIBADEM incurs any direct or indirect damages and losses hereunder due to breach of this obligation by the MEMBER, then, the MEMBER hereby declares, agrees and undertakes to indemnify and hold ACIBADEM harmless from all kinds of such damages and losses immediately upon first demand of ACIBADEM without any further notice or warning.
- 6. The MEMBER hereby accepts that ACIBADEM has not ever represented or warranted that the existing files uploaded to the WEB SITE have already been freed from viruses, worms, Trojan horses or such other malwares or damaging codes or materials. It will be entirely in the responsibility of the MEMBER to meet all software and hardware needs and requirements as and when required for electronic devices held in his possession and/or used for prevention of such malwares or damaging codes or materials, or for accuracy of data entries and exits, or for recovery of any missing data, and also to maintain, revise and update such software and hardware when needed. ACIBADEM may in no event be held liable for any damages or losses that may be suffered by the MEMBER or by third parties due to such malwares or damaging codes or materials, data mistakes or losses. ACIBADEM hereby agrees and undertakes to keep all files uploaded therein in strict confidence, unless otherwise permitted by the MEMBER.
- 7. The MEMBER hereby accepts to assume full responsibilities and risks arising out of use of the WEB SITE. ACIBADEM is providing the WEB SITE and all of its contents “AS IS”, and does not give any direct or indirect, explicit or implicit warranties about the WEB SITE or as to any types of use of the WEB SITE or any one of its contents or elements or any services or information given through the WEB SITE.
- 8. With regard to use of the WEB SITE, the MEMBER hereby agrees and undertakes:
- 1. not to change, replace or delete the WEB SITE contents and any materials or items included in the contents of WEB SITE, and to assume full responsibilities and risks of all files and dossiers added or inserted by the MEMBER himself into the WEB SITE, and
- 2. to use the aforesaid materials only for the original intentions of use of them, and not to use his own profile and/or other profiles added by him for personal purposes and motives in any manner or style whatsoever, and
- 3. not to deploy or insert or transmit any kinds of malwares and malicious codes or materials such as viruses, Trojan horses, spy programs and dialer programs, and
- 4. not to use the WEB SITE or its communication features by any method or in such manner that may restrict or prevent the access of other MEMBERS to the WEB SITE’s resources.
- 9. ACIBADEM is not a party to any civil or criminal case or action that may arise out of use of the WEB SITE. Nor may ACIBADEM be directly or indirectly held liable for damages, losses, costs or any other claims that may arise out of acts or omissions of the MEMBERS or third parties.
- 10. The MEMBER shall be personally liable for each approval given by him with regard to the WEB SITE in his telephone conversations with the Call Center. The MEMBER shall be deemed to have acknowledged that if and when required under the then-available circumstances, such telephone conversation records may be used as an evidence against the MEMBER.
V. LIMITATIONS OF LIABILITIES OF ACIBADEM
ACIBADEM may in no case and for no reason be held liable for the following:
- 1. Even if the WEB SITE or its authorized representatives have in advance been advised of the possibility of such damages and losses, ACIBADEM shall in no event be held liable for the direct or indirect damages and losses (including, but not limited to, the damages and losses arising out of loss of profit, interruption of works, or loss of programs or information) caused by any coincidence or risk arising out of use or non-use of the WEB SITE, or any information, data or materials provided or downloaded via the WEB SITE, or delay in provision of any such types of information or services.
- 2. The WEB SITE shall in no case be held liable for any claims, damages or losses caused by errors, omissions or other faults in the WEB SITE and/or any materials or information downloaded via the WEB SITE.
- 3. The MEMBER shall be responsible for good operation, maintenance and revision of all kinds of equipment required for access to or use of the WEB SITE and for security of all and any telephones, computer hardware, internet and computers, and for fees, taxes and all kinds of other monetary liabilities with regard to these equipment. And the USER shall entirely be held liable for all kinds of damages and losses, lawsuits and claims that may arise out of failure of the MEMBER in performance of its obligations cited above.
- 4. If the MEMBER breaches any article or provision of this Agreement due to access to or use of the WEB SITE, then the USER shall be held liable, and ACIBADEM shall in no event and for no reason be held liable, for any kinds of losses, damages, expenditures and expenses arising out of such breach, including, but not limited to, court fees and expenses and attorney fees in connection therewith.
- 5. ACIBADEM may at any time and in its sole discretion temporarily suspend or entirely stop the operations of the Web Site and its systems. Accordingly, ACIBADEM may in no case be held responsible towards its members or third parties due to temporary suspension or full stoppage of the System.
- 6. ACIBADEM will not be kept responsible for the damages and losses that may be suffered by the MEMBER due to probable technical failures in its Web Site services. Nor ACIBADEM gives any representation or warranty that its services will at all times and under all circumstances be offered timely, securely and without a mistake, and that the results obtained out of use of such services will at all times be accurate and reliable, and that the service quality will meet and satisfy the expectations of everyone. ACIBADEM hereby reserves its rights to stop at any time deemed necessary all kinds of damaging or harming correspondences, broadcasts or flow of information via its own Web Site, and if the conditions required and specified thereinfor are met, to delete the MEMBER messages, or to preclude the MEMBER from its services, or to cancel membership of the MEMBER.
VI. SPECIAL WARNING FOR INTERNATIONAL USE
Being aware of the global nature of internet, the MEMBER hereby agrees and undertakes to comply with all kinds of local laws and regulations and other legislative instruments, including, but not limited to, the rules and regulations regarding internet, data, electronic mails or confidentiality. The MEMBER hereby agrees and commits himself to comply particularly with the applicable laws and regulations of Turkey or the country of residence of the MEMBER.
VII. PERSONAL DATA AND E-BULLETIN
1. In order to be able to provide more qualified and secure services to its Web Site members, ACIBADEM requests its users and Members to disclose their personal data (name, age, areas of interest, e-mail address, etc.) at the membership stage and at the time of use of its Web Site. Such data and information collected in ACIBADEM systems are used in ACIBADEM in order to enable the Members to make best use of the then-current and available services of ACIBADEM and its Web Site, and to send commercial electronic messages to the Members so as to make them aware of the news, new medical service contents and similar other awareness, and to filter the e-mail messages / information not wished to be received by the Members, and to manage the messaging system according to the preferences and choices determined by the Members. By accepting and signing this policy, the Users shall be deemed to have given their consent to all kinds of correspondences and communications (calls, SMS, mails, etc.) to be established with them hereunder.
2. Personal data shared by a Member with ACIBADEM and its Web Site cannot be used for non-intended purposes and cannot be shared with third parties.
3. The Member accepts that his personal data and information will be stored and used by ACIBADEM under these circumstances. The Member hereby acknowledges and accepts that ACIBADEM will send commercial electronic messages to his e-mail address designated via ACIBADEM Web Site with a view to making the Member aware of the information and advertisements regarding medical services of ACIBADEM, and that these messages will be sent according to the Member’s preferences. If the Member does not wish or accept to receive such commercial electronic messages of ACIBADEM, then the Member is required to use the ‘removal from E-bulletin list’ option contained in the commercial electronic messages sent to him. If the Member does not wish to receive SMS, he may write “ACB” and send to 7889 and/or may call Acıbadem Call Center at 444 5 544, and declare to the Call Center Officer that he uses his right of ‘removal’.
4. ACIBADEM shall in no case share with third parties the personal data requested from the Members in the membership forms, nor will ACIBADEM use such information for any commercial purpose beyond its normal fields of business.
5. Pursuant to and under the Law on Protection of Personal Data no. 6698 (hereinafter to be shortly referred to as “KVKK”), ACIBADEM will, acting as a ‘Data Supervisor’, record, register, classify, process, store, update and share with third parties the personal data of its valuable customers only to the extent permitted by its customers or by the applicable laws and regulations, and again as per the pertinent laws and regulations, you may retrieve link. detailed information about our and your mutual rights and obligations and the application form via http://www.acibademhayatinternational.com/Sayfa/confidentiality link.
6. The Member’s personal data and information may be disclosed to official authorities and governmental bodies if and to the extent they are duly requested by official authorities, and they are required to be disclosed to official authorities pursuant to mandatory provisions of the applicable laws and regulations.
7. Due to future technical requirements and for the sake of compliance with laws, and without being obliged to inform the Members thereabout, ACIBADEM may make changes in implementation of this Agreement, and may amend or modify the existing articles, or may cancel the same, or may add new articles thereto. The Members may at all times find and read this Agreement at http://www.acibademhayatinternational.com address. That is why at each entry to the Web Site, the Users are recommended to visit the legal warning page. ACIBADEM may convert the services not requiring membership into a status requiring membership by time. ACIBADEM may further open new additional services, or may fully or partially change its some services, or may make them subject to pay.
8. It is in the discretion of ACIBADEM to or not to delete all kinds of records relating to membership account terminated by the Member himself. With respect to the records deleted as above or the information and documents not stored or backed up, the Member hereby declares, agrees and undertakes not to raise any claim against, and not to attribute any fault to, and not to impose any criminal liability on, ACIBADEM on the basis of any legal or contractual reasons or grounds.
1. ACIBADEM has adopted various different confidentiality principles for security of your personal data and information with the intention of protecting and maintaining your confidentiality and enabling you to make best use of the available technological infrastructure at the highest level. These confidentiality principles have been determined and are hereby declared for use and application for collection and/or use of data and information in ACIBADEM internet site and in all sub-internet sites thereof.
2. By visiting and/or using ACIBADEM internet site and/or becoming a member thereof, the User shall be deemed to have accepted and verified all such principles. In tandem with the feedbacks to be sent to the User through any one of his communication addresses designated in ACIBADEM page, the User may at all times perform and conduct all kinds of correction, revision and updating transactions in the “Confidentiality Statement” section without a prior notice. ACIBADEM may update the “Confidentiality” provision in certain time intervals, and the User may become cognizant of new events and developments by visiting this agreement in certain time intervals.
3. For identification of the system-related problems in the site, and for immediate resolution of probable failures or problems in ACIBADEM internet site, ACIBADEM may, if needed, register IP address of the users and use these records for the aforesaid purposes. These IP addresses may be used by ACIBADEM in order to identify its users and visitors within the general meaning thereof, and to collect comprehensive demographic data thereabout. The obligations of ACIBADEM internet site to keep and store traffic data as mentioned in the Law no 5651 are hereby separately retained and reserved.
4. Inside its internet site, ACIBADEM may provide links to other sites as well, and may publish advertisements of its contracted third parties and/or application forms relating to various different services, and may direct the Users to sites of ad givers or contracted third parties through these forms and advertisements. ACIBADEM hereby disclaims any liability for the confidentiality applications and policies of other sites accessed via such links, or for the contents of them.
5. ACIBADEM hereby agrees and undertakes to keep all confidential information disclosed to it in strict confidence and as its trade secrets, and accordingly, to take all kinds of measures and precautions as needed for keeping such information in confidence, and for prevention of disclosure of such confidential information in full or in part to public, or its unauthorized use, or its disclosure to third parties, and to show great care and due diligence as expected from it.
6. ACIBADEM may acquire information about users and about use of ACIBADEM site by users by using cookies which represent a technical communication file. Said technical communication files are comprised of tiny text files sent by an internet site to the user’s scanner (browser) for storage in the main memory. Technical communication files facilitate use of internet by storing and keeping the relevant status and simple preference calibrations made in user’s computer about an internet site. The above mentioned technical communication file is designed and used in order to help in collection of statistical data as to how many people have used the internet site proportionately to time, and how many times a person has visited the internet site for which purposes and for how much time that person has stayed in the internet site, and in production and generation of advertisements and contents of dynamic variety out of the user pages designed specifically for users. Technical communication file has not been designed in order to get any other personal data or information from main memory. Most of the scanners are prepared in such manner to accept this technical communication file at the stage of installation, but the users may at any time and in their sole discretion change or modify the calibration of their scanners in such manner to make sure that technical communication file is not inserted in their computer or a warning signal is issued if and when such type of a file is sent thereto.
7. Information that may be requested from users answering the periodical or non-periodical questionnaires that may be organized by ACIBADEM in its Internet Site may also be used by ACIBADEM and by persons or entities acting in cooperation with ACIBADEM in order to make direct marketing to these users, or to make statistical analyses, or to create a special database of them.
VIII. VALIDITY OF ACIBADEM RECORDS
The Member hereby declares and acknowledges that in all kinds of disputes which may arise out of this Agreement, ACIBADEM’s books, records, microfilms, microfiches and computer records will constitute valid, binding, final, sole and prima facie evidence within the meaning ascribed thereto by Article 193 of the Turkish Civil Procedures Code no. 6100 and that this article stands as an evidence contract and clause
IX. FORCE MAJEURE EVENTS
Force majeure events term shall be construes as the events which are beyond the control of ACIBADEM and cannot be prevented by ACIBADEM in spite of showing great care and due diligence, including, but not limited to, natural disasters, strikes, communication problems, infrastructural and internet failures, system improvement or renewal works and failures resulting therefrom, power outage, and bad weather conditions, in addition to and beside the force majeure events depicted in the applicable laws.
Upon occurrence of events legally considered and treated as force majeure events, ACIBADEM will not be liable to perform its duties and obligations arising out df this Agreement, and will in no case be held liable at any level or in any form on the ground of late or incomplete performance of its contractual obligations in full or in part. The Member hereby declares, agrees and undertakes not to raise any claim against ACIBADEM under any name whatsoever by alleging any such causes or events.
X. GOVERNING LAW
All kinds of disputes that may arise out of or in connection with this Agreement shall be resolved first in accordance with the pertinent provisions of this Agreement and if this Agreement remains silent, in accordance with the applicable laws of the Republic of Turkey, irrespective of the conflict of laws rules or principles. The laws of the Republic of Turkey shall govern and be enforceable in resolution of the disputes between the Parties hereto or in implementation and interpretation of this Agreement as a whole or in parts.
Electronic mail address of the Member designated to ACIBADEM shall be accepted and treated as the Member’s legal domicile and mail address for all kinds of notices and correspondences to be sent to the Member in relation with this Agreement. Unless the Member duly informs ACIBADEM in writing about any changes in his existing electronic mail addresses within 3 (three) days thereafter, the Member hereby accepts and acknowledges that all notices sent to his former electronic mail address will be deemed valid and to have been duly served on the Member himself.
XII. EFFECTIVE DATE
When the User fills in the Registration Form and clicks “I Accept” button under the form, this Agreement enters into force permanently between the Parties hereto. The Member hereby declares, agrees and undertakes to have read, understood and accepted all of the articles of this Agreement and to have confirmed and verified the accuracy of information given about him.
XIII. TERMINATION OF AGREEMENT
Each of the Parties may at any time and in its sole discretion terminate this Agreement.
XIV. RESOLUTION OF DISPUTES
Istanbul Courts and Execution Offices shall have sole and exclusive jurisdiction in resolution of all kinds of disputes that may arise out of or in connection with this Agreement.
XV. MISCELLANEOUS PROVISIONS
- 1. Failure of the WEB SITE in claiming and requesting enforcement of any article of this Agreement may in no event be construed as its waiver from any provisions hereof or any of its rights hereunder.
- 2 ACIBADEM may in its sole discretion and at any time transfer or assign this Agreement in full or in part to third parties without any prior notice. However, the MEMBER may not transfer or assign this Agreement or any part of it to third parties.
- 3. ACIBADEM may change or amend any terms and conditions of this Membership Agreement and confidentiality statement at any time deemed necessary by publishing the same in ACIBADEM site and page. The provisions of the confidentiality statement changed or amended by ACIBADEM as above shall be deemed to have become effective as of the date they are published in the relevant page.