2. SUBJECT OF THE AGREEMENT
2.1 The subject of this Agreement is to provide Users with access to service providers in various countries in the field of healthcare, the opportunity to research and obtain medical services through the platform, and the terms and conditions of use and benefits of the Klinik Haus website.
Klinik Haus; refers to Current Software Solutions Technology Joint Stock Company, based in Turkey, which creates and owns the software of the website.
Website or Klinik Haus Website or Web Page or Platform; refers to the website located at https://klinikhaus.com/.
Health Service Providers; refers to individuals or legal entities who register on the website with the purpose of providing medical services.
Doctor; refers to an individual Health Service Provider who registers on the website.
Clinic or Polyclinic or Medical Center or Hospital or Care Center; refers to a commercial entity or partnership registered as a Health Service Provider on the website.
User or Patient; refers to an individual who uses the Klinik Haus website for medical service inquiries and also applies to Health Service Providers for medical services.
Medical Service; refers to health and treatment services deemed appropriate by the medical science and laws, provided to Patients or Users by Health Service Providers.
Account; refers to the database entry on the website that allows Health Service Providers or Users to be identified with a username and password, enabling them to access specific services.
Copyright or Intellectual Property Rights; refers to all tangible and intangible rights that can be held over a work, including neighboring rights.
General Data Protection Regulation (GDPR); refers to the European Union General Data Protection Regulation that came into effect on April 25, 2016.
Personal Data; refers to any information about identifiable or potentially identifiable natural persons as defined in GDPR 2016/679 and KVKK.
KVKK; refers to Law No. 6698 on the Protection of Personal Data, which came into effect on April 7, 2016.
Force Majeure; refers to extraordinary events beyond the control of the parties at the time of the contract's formation and unforeseen or foreseeable but temporary or permanent events that temporarily or permanently hinder the performance of the contract, including natural and human-made disasters, war, mobilization, etc.
Content; refers to all information, documents, and explanations provided to Klinik Haus by Health Service Providers.
Communication Tools; refers to applications such as forums, chat tools, or messaging platforms that enable the exchange of written, oral, and visual data facilitating communication between Health Service Providers and Patients through the Klinik Haus website.
Content Loss; refers to the removal of Content provided to Klinik Haus by Health Service Providers from the website for reasons including non-compliance with regulations, removal requests under KVKK or GDPR by Patients or third parties, and other reasons not limited to those mentioned here.
4. PROVIDED SERVICES
4.1 "Klinik Haus" serves as a platform designed for individuals ("User") seeking medical services and Healthcare Service Providers ("Clinic" or "Doctor"). Klinik Haus functions as a means to provide information about clinics, hospitals, and doctors in various countries to individuals seeking medical services, facilitating appointment scheduling, reservations, and similar purposes through a website. The Klinik Haus website aims to simplify communication, promotion, and access to services between Healthcare Service Providers located anywhere in the world and users.
5. UNPROVIDED SERVICES
5.1 Klinik Haus does not offer medical referral services, and it does not recommend, endorse, or approve any healthcare service provider within the platform. We declare that we are not experts in the field of healthcare, we do not portray ourselves as experts in the field of healthcare, we do not engage in any information exchange or advice with users or healthcare service providers, and we do not provide recommendations. Users and Healthcare Service Providers acknowledge, declare, and undertake that, in line with this statement, they do not have any rights, claims, or demands against Klinik Haus.
5.2 Klinik Haus does not hold a party status in any transaction and/or contracts established between Users and Healthcare Service Providers, or any disputes arising from the services provided under these contracts. Klinik Haus bears no responsibility for any claims of material/mental compensation arising from transactions between Users and Healthcare Service Providers.
5.3 The completion of any transaction or the outcome thereof by Klinik Haus is not guaranteed. Klinik Haus does not guarantee the performance ability of Healthcare Service Providers or their obligations to fulfill. If a Healthcare Service Provider, who has entered into a contractual relationship with a User through the Platform to provide suitable Medical Services, breaches its contractual obligations towards the User, the Healthcare Service Provider shall be solely responsible towards the User. In such disputes, the Parties acknowledge, declare, and undertake that Klinik Haus, which did not provide any advice or recommendation in the formation of the contract, has no and will have no liability.
5.4 The accuracy, reliability, legality, quality, and authenticity of the information, data, and services provided by Healthcare Service Providers to Klinik Haus are not verified by Klinik Haus. Klinik Haus does not endorse or warrant the accuracy, reliability, legality, quality, or authenticity of such information, data, and services. Under this provision, if it is determined that the information and services provided by Healthcare Service Providers to Klinik Haus are false, unreliable, or illegal, any and all damages, losses, and compensation arising therefrom will be the sole responsibility of the Healthcare Service Provider providing the information and service. The Parties acknowledge and declare that Klinik Haus does not provide any guarantees for the information and services provided by Healthcare Service Providers to the Platform under this provision and that it is immune from the legal consequences.
5.5 The accuracy, reliability, legality, and authenticity of the information provided to Klinik Haus by Users through the website are not verified by Klinik Haus. Klinik Haus does not endorse or warrant the accuracy, reliability, legality, quality, or authenticity of such information and data. Under this provision, if it is determined that the information provided by Users is false, unreliable, or illegal, any and all damages, losses, and compensation arising therefrom will be the sole responsibility of the User providing the information. The Parties acknowledge and declare that Klinik Haus does not provide any guarantees for the accuracy and reliability of the information provided by Users to the Platform under this provision and that it is immune from the legal consequences.
5.6 Any contract related to a medical service and/or product listed on the Klinik Haus website is directly concluded between the Healthcare Service Provider and the User. No contract regarding the sale of medical services between Klinik Haus and the User, or between Klinik Haus and the Healthcare Service Provider, is possible. Klinik Haus only serves as a platform bringing together the User and the Healthcare Service Provider.
6. COMMENCEMENT AND DURATION OF THE AGREEMENT
6.1 The Agreement shall come into effect upon the User's acceptance in electronic form and shall remain in force unless terminated by the parties in accordance with the terms specified in the Agreement.
6.2 Klinik Haus reserves the right to unilaterally terminate the Agreement of the User who acts in violation of the rules of the Klinik Haus Website.
Transmitting unlawful, defamatory, derogatory, obscene, fraudulent messages or information, messages promoting hatred or gender, racial, species-related violence, containing profanity, harassing, threatening, or glorifying any form of violence;
Transmitting messages or information that violate intellectual property rights, privacy, or third-party publishing rights;
Unauthorized scanning, scraping, or collecting of personal content or information, or using any unauthorized automated tools to extract information;
Copying, modifying, transmitting, displaying, distributing, reproducing, licensing, creating derivatives of, transferring, or selling any data, information, software, product, or service contained in or part of the Klinik Haus website, using any of such content for any commercial purpose, or using this content in any other way;
Using the website in a way that would damage or disable it, or in a way that obstructs others' access to the website;
Engaging in behavior that prevents anyone from using the Platform, restricts their usage, or engages in any other conduct that, in the discretion of Klinik Haus, demonstrates that Klinik Haus, Health Service Providers, other users, affiliates, or third parties have suffered harm, or engaging in any other manner;
7.1 Klinik Haus functions as a passive platform for the online distribution and publication of information through its website. Klinik Haus does not have any obligation for prior review or scanning of any information, content, material, visuals, or videos.
7.2 The user acknowledges, declares, and undertakes that they are solely responsible for the information, content, material, visuals, or videos they provide to the website.
7.3 Klinik Haus reserves the right to edit or remove, without prior notice, any information, content, materials, visuals, or videos that it deems incorrect, misleading, illegal, or not in line with the purpose of the website.
7.4 The user acknowledges, declares, and undertakes that they are solely responsible for any damages and losses incurred by Klinik Haus due to the information, content, material, visuals, or videos provided by the user to the website.
7.5 The user acknowledges, declares, and undertakes that reviews, evaluations, comments, or materials regarding services provided by Healthcare Service Providers may be published on the Klinik Haus website or related third-party websites without any time limit.
7.6 The user acknowledges, declares, and undertakes to adhere to respectful and courteous behavior, within the framework of etiquette and politeness, and to follow rules that are non-offensive, non-political, and not unrelated to other potential users when expressing reviews, evaluations, or comments about Healthcare Service Providers.
7.7 The Content and Review Policy published on the Klinik Haus website outlines the terms and conditions related to the content policy of reviews on the website and text provided by other users. This Policy is an integral part of this Agreement.
8. USER RIGHTS AND OBLIGATIONS
8.1 The User acknowledges, declares, and commits to Klinik Haus that, in accordance with the laws to which they are subject, they are authorized to enter into such agreements or that the account is being used on their behalf by legally authorized individuals in order to benefit from the services provided on the Klinik Haus website. The User guarantees that they are over the age of eighteen (18).
8.2 The User declares, accepts, and commits to providing all information requested by Klinik Haus for the use of the website accurately, completely, and up-to-date. The User undertakes to immediately update the provided information if there is any change. Klinik Haus shall not be held responsible for any incompleteness or inaccuracies in the information provided or if it is not kept up to date, which may result in the User's inability to benefit from the services offered on the website.
8.3 The User acknowledges, declares, and commits to providing accurate, legal, up-to-date, and reliable information, data, materials, content, visuals, or videos to the Klinik Haus website.
8.4 The User is obliged to provide updated information to the website if there is a change in the information requested during registration. The User acknowledges, declares, and commits that if they fail to provide accurate and up-to-date information during registration, they are personally responsible for any damages that may arise for Klinik Haus, Health Service Providers, and all other users.
8.5 The User acknowledges, declares, and commits not to open multiple accounts on their behalf or on behalf of others.
8.6 The User acknowledges, declares, and commits that they will not allow third parties to benefit from their personalized profiles and accounts, and they will not grant access to them.
8.7 The User acknowledges, declares, and commits that in notifications made by Klinik Haus, the electronic mail address entered during registration is valid, and in case of the contrary, Klinik Haus shall not be responsible for any damages and losses that may arise.
9. KLINIK HAUS RIGHTS AND OBLIGATIONS
9.1 Klinik Haus provides the following services to the User:
Providing information about healthcare service providers in various countries, scheduling appointments, completing reservations, and similar transactions,
Granting access to other patient satisfaction evaluations about Healthcare Service Providers,
Providing the opportunity to evaluate satisfaction, add new information, edit, and file complaints about Healthcare Service Providers,
Facilitating the User in scheduling appointments with Healthcare Service Providers through the Klinik Haus website,
Granting access to information, content, visuals, videos, and similar materials related to Healthcare Service Providers.
9.2 Klinik Haus reserves the right to suspend or delete all accounts if it is determined that the User has multiple accounts or subsequently opens multiple accounts.
9.3 Klinik Haus has the right to suspend or delete the User's account if it determines that the account is being used by a third party. In this case, Klinik Haus reserves the right to claim compensation for all damages and losses incurred by the User and third parties.
9.4 Klinik Haus has the right to suspend, freeze, delete accounts, and exercise all legal rights if the User engages in content that violates laws, general ethics and manners, contains obscenities, insults, illegal comments, or opinions.
9.5 Klinik Haus reserves the right to suspend or delete an account if it determines that a user has made false comments. Klinik Haus retains the right to seek compensation from the user.
9.6 Klinik Haus reserves the right to temporarily suspend or halt access to the website for maintenance, emergency repairs, update checks, and similar operations beyond its control. The user acknowledges and accepts this condition in advance.
9.7 If Klinik Haus cannot confirm the accuracy of the identity number requested during registration and provided by the user on the website, it has the right to request additional information and identity verification. If the user fails to provide this information, Klinik Haus has the right to suspend or delete the account.
9.8 Klinik Haus reserves the right to remove or delete content, information, visuals, videos, and similar materials submitted by the user to the website if they violate the terms of the contract or for any other reason.
9.9 The user agrees that, in the event their account is suspended or deleted due to this Agreement or unlawful situations, they will not make any compensation claims against Klinik Haus under any name or title, irrevocably, without exception.
9.10 The username and password information are created by the user, and the user solely accepts responsibility for the security and confidentiality of this information. Klinik Haus is not responsible for any damages resulting from the theft, alteration, or similar situations of username and password information.
9.11 Klinik Haus reserves the right to revise this Agreement and its annexes without prior notice. In the event of the exercise of this right, the Health Service Provider's right to terminate the contract is regulated in Article 16 of this Agreement.
10. APPOINTMENT AND INFORMATION PROVISION
(Klinik Haus ile birlikte düzenlenecek)
10.1 The User acknowledges, declares, and commits to providing personal data such as contact information (phone number and email address), age, gender, and medical information on the website and agreeing to the open consent text when wishing to schedule an appointment with a Health Service Provider. Otherwise, Klinik Haus shall not be responsible for any problems arising from the User's inability to use the website.
10.2 The User acknowledges, declares, and commits to ensuring that the information provided by them is current, accurate in all respects, and does not violate the rights of third parties.
10.3 The User is obligated to cancel the appointment and notify the relevant Health Service Provider in case of any circumstances, including force majeure, preventing the appointment from taking place. Otherwise, the User acknowledges, declares, and commits to being solely responsible for any damages arising, whether with respect to the Health Service Provider or themselves. The User agrees that Klinik Haus shall not be held liable in any way for damages incurred by the Health Service Provider or themselves in the event of canceling the appointment for any reason.
12. EVALUATION OF HEALTH SERVICE PROVIDERS
(Klinik Haus ile birlikte düzenlenecek)
12.1 Users have the opportunity to evaluate Health Service Providers on the website.
13. SUSPENSION/TERMINATION OF THE AGREEMENT
13.1 Klinik Haus reserves the right to, at any time and for any reason, including but not limited to situations where the User has provided incorrect or misleading information on the website, suspend or terminate the User's access, either in whole or in part, to Klinik Haus website or any service forming a part of the website, without prior notice to the User.
14. LIMITATION OF LIABILITY
14.1 Klinik Haus shall not have any responsibility for the information, data, materials, content, images, or videos provided to the website by the User or Health Service Provider. The User acknowledges, declares, and undertakes that they are solely and exclusively responsible for the accuracy, reliability, quality, or potential infringement of third-party rights of the information they have added.
14.2 The User shall be personally responsible for any direct or indirect damages or losses arising from their actions on the website and for any unlawful activities.
14.3 Klinik Haus expressly and clearly states that any risks and damages resulting from the use of the website and the services it provides belong solely to the User and the Health Service Provider.
14.4 Klinik Haus shall have no responsibility for the cancellation, modification, or similar situations regarding appointments arising from the actions of the parties determined between Klinik Haus and Health Service Providers.
15.1 This clause limits Klinik Haus's legal responsibility regarding the User's access to and use of the website. The User acknowledges, declares, and commits that they have entered into this Agreement based on the waivers specified in this clause and that these waivers constitute the fundamental basis of this Agreement.
15.2 The entire use of the website is at the User's own risk. The User accepts and waives their rights, regardless of the basis, to hold Klinik Haus responsible for any damages resulting from the use or non-use of the website as per this disclaimer, even if based on Contractual Liability, Tort, or any other grounds.
15.3 Klinik Haus does not assume any responsibility for the operation, safety, condition, performance, reliability, or service of any healthcare service provider and makes no express or implied warranties in this regard.
15.4 Klinik Haus is not liable for any actions, errors, omissions, statements, warranties, breaches, losses, damages, or expenses arising from any transaction between the User and the Health Service Provider.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 The visual appearance, design of Klinik Haus's website, as well as all information, data, images, texts, codes, graphics, visuals, videos, designs, logos, the Klinik Haus brand, and other trademarks used by Klinik Haus on the website https://klinikhaus.com/, including but not limited to, the domain name, computer software, application method, and business model, are all subject to intellectual and industrial property rights, and Klinik Haus is the licensee of these rights. All of these intellectual and industrial property rights, as enumerated herein, are protected under Turkish laws and international agreements.
16.2 None of the intellectual and industrial property rights owned by Klinik Haus as listed in this clause can be used, modified, copied, reproduced, converted into another license, or republished, either in whole or in part, or in a substantially similar manner, without the written permission of Klinik Haus. The entirety or any part of the Klinik Haus website cannot be used on another website without authorization.
16.3 In the event of a breach of this clause, Klinik Haus reserves the right to seek compensation for any direct or indirect damages and losses it incurs.
17. PROTECTION OF PERSONAL DATA
17.1 The term "personal data" processed in line with the objectives of this Agreement refers to any information regarding identified or identifiable natural persons under the General Data Protection Regulation (GDPR) No. 2016/679, irrespective of whether the processing of personal data is automated or not. "Processing of personal data" is defined as any operation or set of operations performed on personal data or personal data sets, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, and similar processes.
17.3 The User's personal data submitted to the website by the User may be transferred to Health Service Providers by Klinik Haus in accordance with the purposes of this Agreement and the Legislation. Therefore, the User accepts and explicitly consents to the transfer of their personal data to Health Service Providers in accordance with this Agreement and other policies and terms published on the website. The User can find the Explicit Consent Statement on our website regarding this matter.
17.4 Klinik Haus operates servers outside the European Union, and as a result, the personal data of users is transferred outside the European Union. Therefore, the User accepts the transfer of their personal data outside the European Union in accordance with this Agreement and other policies and terms published on the website.
17.5 The User acknowledges that communication content via email between the Health Service Provider and themselves may be sent through Klinik Haus, and that Klinik Haus may store communication content via email to facilitate and assist in tracking communication between Health Service Providers and Users.
17.6 The User agrees that communication content, including phone call records, messages, and call logs, between the Health Service Provider and themselves may be sent through Klinik Haus, and that Klinik Haus may store communication content containing phone call records, messages, and call logs to facilitate and assist in tracking communication between Health Service Providers and Users.
17.7 The User accepts that Klinik Haus may send advertising or promotional materials via email during the registration process. If the User does not wish to receive promotional emails from Klinik Haus, they can notify Klinik Haus by clicking the link provided on the website at ....... to get in touch with Klinik Haus.
17.9 The User acknowledges and declares that they have been previously informed by the Health Service Provider about the publication of their general and specific personal data on the Klinik Haus website. The User confirms that they have read the relevant information text on the Klinik Haus website and have received the necessary information and consent forms from Health Service Providers.
17.10 The User is obliged to immediately notify Klinik Haus if they become aware that the Health Service Provider has not acted in compliance with the applicable legislation regarding personal data or if a data breach occurs. The User accepts, declares, and undertakes that Klinik Haus is not responsible for any damage and losses incurred, and that the sole responsible party for such damages is the Health Service Provider.
18.1 Klinik Haus reserves the unilateral right to amend any provision of this Agreement by announcing it through the Platform. The amended provisions of this Agreement shall become effective on the date of their announcement, while the remaining provisions shall continue in full force and effect.
18.2 If the User does not accept these changes, the User shall have the right to terminate this Agreement without any compensation by providing written notice at least... days in advance.
19. LINKS TO THIRD-PARTY WEBSITES
19.2 Klinik Haus is not responsible for the accuracy or reliability of any information, opinions, data, content, materials, visuals, videos, or any links on third-party websites.
19.3 Klinik Haus reserves the right to terminate access to any third-party website link at any time and for any reason.
19.4 The inclusion of links to third-party websites on Klinik Haus does not imply that Klinik Haus endorses, collaborates with, authorizes, sponsors, or is affiliated with any such third-party website.
20.1 While Klinik Haus makes every effort to ensure the continuous accessibility of the website, it reserves the right to temporarily suspend or interrupt access to the website for purposes such as maintenance, emergency repairs, update control, and similar operations that occur outside of its control.
20.2 The User acknowledges that Klinik Haus is not liable for any damages resulting from the temporary suspension or interruption of access to the website.
20.3 The User accepts personal responsibility for the protection, backup, and the implementation of reasonable and appropriate measures for the information, content, or materials provided to the Klinik Haus website. Klinik Haus shall not be held responsible for any loss of content experienced by the User for any reason.
21.1 The User acknowledges, declares, and undertakes that they are solely responsible for any expenses, damages, liabilities, losses, claims, or obligations against third parties, arising from situations including but not limited to the misuse of the website, infringement of any intellectual property rights or other rights of third parties, any substantial violation of this Agreement, and all transactions and activities conducted in their account, including information, materials, images, videos, or content provided on the website. The User further acknowledges that Klinik Haus has no liability in such cases.
21.2 In the event of any situation arising from this provision, the User agrees, declares, and undertakes to defend and indemnify Klinik Haus, its employees, affiliated brands, facilities, or other representatives against any and all claims, actions, lawsuits, expenses, and damages, including legal expenses and fees.
22. JURISDICTION AND APPLICABLE LAW
22.1 The Website is controlled and operated by Klinik Haus from Turkey.
22.2 Klinik Haus does not make any representations or warranties that the services, facilities, or materials offered through the website are suitable for use in countries other than Turkey or comply with any legal or regulatory requirements in other countries.
22.3 This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Turkey. By entering into this Agreement, the User irrevocably accepts the jurisdiction and applicable law specified in this section.
23. FINAL PROVISIONS
23.1 The invalidity, unlawfulness, or unenforceability of any provision of this Agreement or any statement contained in the Agreement shall not affect the validity and enforceability of the remaining provisions of the Agreement.
23.2 The validity of any waiver by the User of any provision of this Agreement is contingent upon such waiver being in writing and signed by Klinik Haus. The waiver of any provision of the Agreement does not imply a waiver of any other provision, nor does it imply that further waivers will be made in the future.
23.3 This Agreement, together with its attachments, constitutes the entire agreement between the parties. In the event of any conflict between the Agreement and its attachments, the provisions contained in the relevant attachments shall prevail.