Partnership Policy

14 Saturday, Oct 2023

- 0 min read

1. PARTIES
This Membership Agreement ("Agreement") is concluded between Current Software Solutions Technology Joint Stock Company, located at Ozan Abay Cd. No: 10 D:222, Çınarlı Mahallesi, Konak/İzmir ("referred to as Klinik Haus") and the individual or legal entity registering as a Health Service Provider on the website https://klinikhaus.com/. Under this Agreement, Klinik Haus and the Health Service Provider shall be referred to separately as a "Party" and collectively as the "Parties."

2. SUBJECT OF THE AGREEMENT
The subject of this Agreement is to provide healthcare service providers with the opportunity to offer their services through the platform owned by Klinik Haus and managed by Klinik Haus, as well as the terms and conditions for utilization. The terms, rules, conditions, and policies provided by Klinik Haus to Health Service Providers regarding the use of the website are also an integral and inseparable part of this Agreement.

3. DEFINITIONS
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. SERVICES PROVIDED
4.1 Klinik Haus serves as a platform designed for individuals seeking medical services ("Patients") and Health Service Providers ("Clinics" or "Doctors"). Klinik Haus aims to connect and introduce Health Service Providers to Patients solely through the Platform by providing information about clinics, hospitals, and doctors in various countries, facilitating appointment scheduling, completing reservations, and offering similar services to individuals in search of medical services through its website.
4.2 Before Health Services are provided by the Health Service Provider, Klinik Haus continues its marketing efforts to acquaint Patients with service providers.

5. UNPROVIDED SERVICES
5.1 Klinik Haus does not provide medical referral services and does not recommend, endorse, or support any Health Service Provider on the Platform. We declare that we are not experts in the field of healthcare, we do not hold ourselves out as experts in the field of healthcare, we do not engage in any exchange of information or provide recommendations with Patients or Health Service Providers. Patients and Health Service Providers acknowledge, declare, and undertake that they have no rights, claims, or demands against Klinik Haus in accordance with this statement.
5.2 Klinik Haus does not have any party status regarding any transactions and/or agreements to be concluded between Patients and Health Service Providers and/or disputes that may arise in connection with these agreements. Klinik Haus has no liability for any material/ moral compensation claims arising from any transaction between Patients and Health Service Providers.
5.3 The completion and/or outcome of any Medical Service transaction provided by any Health Service Provider registered on the Platform by Klinik Haus is not guaranteed; Klinik Haus does not guarantee the ability of Health Service Providers to perform their obligations. In the event of a Health Service Provider's breach of contractual obligations towards the Patient with whom they have entered into a contractual relationship through the Platform to provide suitable Medical Service, the Health Service Provider shall be solely responsible towards the Patient. In this regard, the Parties acknowledge, declare, and undertake that Klinik Haus, which has not provided any advice or recommendation in the establishment of the contract, has no responsibility and will not have any responsibility in any disputes that may arise.
5.4 The accuracy, reliability, legality, quality, and truthfulness of the information and/or data and/or services provided by Health Service Providers to Klinik Haus are not controlled by Klinik Haus. Klinik Haus does not endorse or guarantee the accuracy, reliability, legality, quality, or truthfulness of this information and/or data and/or services. In the event that it is determined that the information and services provided to Klinik Haus by Health Service Providers under this clause are false, unreliable, or illegal, any damage, loss, compensation, including all legal and criminal liability arising therefrom, shall solely belong to the Health Service Provider who provided the information or service. The Parties acknowledge and declare that Klinik Haus does not provide any guarantee for the information and services offered by Health Service Providers on the Platform under this clause and is immune from its legal consequences.
5.5 The accuracy, reliability, legality, and truthfulness of the information provided to Klinik Haus by Patients through the Website are not controlled by Klinik Haus. Klinik Haus does not endorse or guarantee the accuracy, reliability, legality, quality, or truthfulness of this information and/or data. In the event that it is determined that the information provided to Klinik Haus by Patients under this clause is false, unreliable, or illegal, any damage, loss, compensation, including all legal and criminal liability arising therefrom, shall solely belong to the Patient who provided the information. The Parties acknowledge and declare that Klinik Haus does not provide any guarantee for the accuracy and reliability of the information offered by Patients on the Platform under this clause and is immune from its legal consequences.
5.6 Any contract related to a Medical Service and/or product available on the Klinik Haus website is directly concluded between the Health Service Provider and the Patient. It is not possible to enter into any contract related to the sale of Medical Services between Klinik Haus and the Patient or between Klinik Haus and the Health Service Provider. Klinik Haus functions solely as a platform that brings together the Patient and the Health Service Provider.

6. COMMENCEMENT AND DURATION OF THE AGREEMENT
6.1 This Agreement shall commence on the date when it is electronically accepted by the Health Service Provider and shall remain in effect until terminated by the Parties in accordance with the terms of this Agreement.
6.2 Klinik Haus reserves the right to unilaterally terminate the agreement of the Health Service Provider who acts in violation of the rules of the Klinik Haus website.

7. RIGHTS AND OBLIGATIONS OF HEALTH SERVICE PROVIDERS
7.1 The Health Service Provider declares, accepts, and undertakes to provide all information requested by Klinik Haus for the use of the website in a complete, accurate, and up-to-date manner. The Health Service Provider shall promptly update such information if any changes occur. Klinik Haus shall not be responsible for any incomplete or inaccurate information provided or if the information is not up-to-date, and the Health Service Provider shall not be able to benefit from the services offered on the website or through the website under such circumstances.
7.2 The Health Service Provider acknowledges, declares, and undertakes that they are personally responsible for any and all damages arising from the incompleteness, inaccuracy, or lack of currency of the information provided by themselves to the website, both with respect to Patients and third parties. The Health Service Provider acknowledges that Klinik Haus has no liability in this regard and agrees to promptly and fully indemnify Klinik Haus for any damages it may incur in this situation.
7.3 If the Health Service Provider registers on the website as an individual, they acknowledge and declare that they are at least 18 years old and have the legal capacity and professional competence to enter into this Agreement. If the Health Service Provider registers on the website as a legal entity, they acknowledge and declare that they have the necessary authority concerning the business. In this case, the rights and obligations as the Health Service Provider shall belong to the business.
7.4 The Health Service Provider is entitled to open only one account on the website. In the event that Klinik Haus suspends or terminates the Health Service Provider's account, it is not possible for the Health Service Provider to open a second account using the same or different information and to operate on the Platform in any way.
7.5 The Health Service Provider shall be solely responsible for the use and management of all information, including accounts, usernames, and passwords, enabling access to the Website. Any transaction carried out using the Health Service Provider's account, username, and password shall be deemed to have been carried out personally by the Health Service Provider. The Health Service Provider shall be exclusively liable for any damages incurred by Klinik Haus and/or third parties due to the use, loss, or transfer of this information by anyone other than the Health Service Provider. The Health Service Provider is obligated to immediately notify Klinik Haus when aware of any event that may jeopardize the use or security of their Account or password. The Parties acknowledge, declare, and undertake that Klinik Haus has no liability whatsoever under this clause for any damages that may arise from the failure to notify or delayed notification.
7.6 The Health Service Provider agrees, declares, and undertakes not to post comments or ratings about themselves or other Health Service Providers on the Website. In the event that behaviors that may constitute unfair competition persist despite warnings on the Platform, Klinik Haus may exercise its authority to block the Health Service Provider's Account and terminate the Agreement.
7.7 The Health Service Provider may not use the Website in any way that disrupts public order, violates general morality, harasses or disturbs others, or infringes upon the Intellectual and Copyright Rights of others for an illegal purpose. Furthermore, the Health Service Provider agrees, declares, and undertakes not to engage in activities (such as spam, viruses, etc.) and transactions that prevent or hinder others from using the services, and not to use the Website with the intention of damaging, altering, or reverse engineering the whole or any part thereof. In the event of non-compliance with this clause or its continuation, Klinik Haus may exercise its right and authority to block the Health Service Provider's account and terminate the Agreement.
7.8 The Health Service Provider represents and warrants that it is authorized to perform Medical Services and that the Medical Services it will provide comply with all applicable laws, regulations, directives, and other similar regulations in the medical industry. The Health Service Provider guarantees, represents, and undertakes that these services will be executed with the care, skill, foresight, and judgment expected of a healthcare professional.
7.9 The Content shared by the Health Service Provider in their Account (profile) is owned by the Health Service Provider, and all responsibility for the Content belongs to the Health Service Provider. Klinik Haus has the right to use the Content under the license provided by the Health Service Provider within the scope of this Agreement. Klinik Haus shall not be responsible for any direct or indirect loss or damage caused by or related to the Content, and in such cases, the Health Service Provider shall be solely responsible. Klinik Haus is not responsible for the accuracy and reliability of the Content. The Health Service Provider acknowledges, represents, and undertakes that it holds Klinik Haus immune from any claims, demands, and lawsuits from third parties related to Intellectual Property Rights violations concerning the Content and the use of the Website, including litigation costs and attorney's fees, and that Klinik Haus has no liability whatsoever under this clause.
7.10 Klinik Haus shall not be responsible for the financial, fiscal, and tax transactions of the Health Service Provider. The Health Service Provider is solely responsible for ensuring compliance with relevant legislation regarding financial, fiscal, and tax transactions, as well as other economic matters.
7.11 The Health Service Provider acknowledges and declares that Klinik Haus has the right to remove Content from the Website based on the requirements arising from non-compliance with applicable regulations, complaints from Patients or third parties, requests for the removal of Content under KVKK or GDPR, or similar reasons, and that Klinik Haus shall not be responsible for any damage that may occur, including data loss, in this context.
7.12 The Health Service Provider is obliged to keep copies of the Content uploaded to the Website. While Klinik Haus takes all necessary measures and implements policies to prevent data loss, it does not guarantee the absence of Content Loss. By signing this agreement, the Health Service Provider acknowledges and declares that they are aware of their obligation to keep copies of the Content and that Klinik Haus shall not be responsible in any way for Content Loss that may occur for any reason.
7.13 The Health Service Provider agrees, declares, and undertakes to use the Communication Tools provided on the Website (such as forums, chat tools, or messaging platforms) in accordance with the law and solely for the purpose defined in Article 2 of this Agreement. Klinik Haus is not obligated to verify the legality of the shares made through the Communication Tools provided on the Website or whether these tools are in line with the purposes of using the Website. Klinik Haus has the right to remove these communication tools at any time at its sole discretion if it deems it appropriate for the purpose defined in Article 2 of this Agreement. Klinik Haus shall not be responsible for any loss or damage arising from the unlawful use of these communication tools. In the event of the unlawful use of the Communication Tools by the Health Service Provider, Klinik Haus has the right to seek recourse and compensation from the Health Service Provider for its direct or indirect losses and damages.
7.14 The Health Service Provider may not transfer or assign their rights and obligations arising from the use of their Account and/or the Website to any third parties in any way. The Health Service Provider acknowledges and declares that any violation of this provision constitutes a reason for the termination of this Agreement.
7.15 The Health Service Provider acknowledges, declares, and undertakes to provide Medical Services to patients with the utmost care and completeness in accordance with the Content published and shared on the Klinik Haus Website. Klinik Haus shall have no legal liability for any behavior of the Health Service Provider that constitutes a breach of their obligations under this clause, and Klinik Haus does not recommend or guarantee any Medical Services provided by the Health Service Provider.
7.16 In the event that the Health Service Provider, for any reason, changes the date and time of a appointment created through Klinik Haus for the Patient or cancels the appointment, such circumstances must be notified to the Patient at least .... days in advance. Including Force Majeure situations, the Health Service Provider shall not charge any additional fees from affected patients due to the cancellation of the reservation or the failure to be present at the clinic on the reservation date or any changes to the reservation.
7.17 In the event of the Health Service Provider's violation of the terms of this Agreement, as well as other conditions and obligations within the scope of the Website, Klinik Haus reserves the right to suspend or terminate the Health Service Provider's contract. Under this clause, Klinik Haus has the right to claim compensation from the Health Service Provider for all damages suffered as a result of the termination of the contract.

8. RIGHTS AND OBLIGATIONS OF KLINIK HAUS
8.1 Klinik Haus reserves the right to revise this Agreement and its attachments without prior notice. In the event Klinik Haus exercises this right, the Health Service Provider shall have the right to terminate the contract in accordance with the procedures and principles set forth in Article 23 without delay. Failure by the Health Service Provider to exercise the right to terminate within ... days shall be construed as acceptance of the changes, and after the expiration of this period, the Health Service Provider shall have no right or authority to terminate the contract under this provision.
8.2 Klinik Haus has the right to promote the services it offers using the name of the Health Service Provider in online marketing of the Website through existing online platforms such as Google, Facebook, Instagram, etc.
8.3 Klinik Haus has the right to store the Content in its databases as long as this Agreement is in effect. Upon termination of the Agreement for any reason, the Content shall be destroyed with the knowledge and consent of the Health Service Provider.
8.4 Klinik Haus processes and protects the data of Health Service Providers in compliance with the Personal Data Protection Law.
8.5 Klinik Haus's delay or failure to exercise any of its rights or powers under this Agreement cannot be construed as a waiver of such rights and powers. Similarly, the Health Service Provider's failure to perform or incomplete performance of any obligation under this Agreement cannot be construed as an acceptance of Klinik Haus's failure to perform or incomplete performance, and such a situation does not mean a waiver of any of the obligations specified in this Agreement for the Health Service Provider.

9. PAYMENT AND TERMS
9.1 The Health Service Provider acknowledges, declares, and commits to paying the fees stated on the website in accordance with the payment conditions attached hereto, in full and without any deficiency, after making full and complete payment as specified by this Agreement. The Health Service Provider will be entitled to benefit from the website services after making the payment in full and as specified by Klinik Haus.
9.2 All amounts payable to Klinik Haus under this Agreement are exclusive of taxes, and all other fees and tax payments shall be borne by the Health Service Provider.
9.3 The Health Service Provider, who wishes to terminate their membership at the end of the membership package and does not wish to continue, must notify Klinik Haus in writing, in accordance with the methods specified in Article 24 of this Agreement, at least 1 (one) week before the end of the membership package. If no notification is made to Klinik Haus indicating that the membership package will not continue, the Health Service Provider's membership will automatically extend for another membership period.
9.4 In the event of an extension of the membership package for another term, the new fee for the extended membership period shall be determined in accordance with the supplementary payment terms and conditions integral and inseparable from this Agreement, as well as the procedures and principles specified therein, and the provisions of this article concerning the new fee shall apply.
9.5 The Health Service Provider may terminate their membership after the specified period if they fail to provide notification within the notification period as envisaged in Article 10.3 of this Agreement, but only upon prepayment of the new fee determined in accordance with Article 10.4 of this Agreement for the renewed membership package.

10. CUSTOMER COMMUNICATION POLICY
10.1 The Health Service Provider agrees, upon the Patient candidate contacting them through the Website, to initiate contact with the Patient candidate within a maximum of 24 hours via both telephone and email. The Health Service Provider hereby accepts, declares, and commits to making maximum efforts to fulfill all obligations under this Agreement.

11. SUSPENSION AND TERMINATION OF THE AGREEMENT
11.1 Klinik Haus reserves the right to immediately terminate this Agreement at any time if it is determined that the Health Service Provider has uploaded any unlawful Content to the Website or has provided false information at the time of entering into the Agreement (including but not limited to professional qualifications), or if there is any misleading or false Content related to Medical Services uploaded to the Website, or for any other actions that may be damaging to the Website and contrary to the purpose defined in Article 2 of the Agreement.
11.2 Depending on the severity and nature of the violations of the Agreement as mentioned in Article 12.1 or the non-compliance with its terms, Klinik Haus may, with prior notice of one (1) week to the Health Service Provider, first request the correction or termination of the non-compliance. Alternatively, at the discretion of Klinik Haus and considering the impact of the violation on the contractual relationship, Klinik Haus may suspend the Health Service Provider's agreement under this clause; it may terminate the use of some or all of the services on the Website, or it may close the account entirely, in accordance with Article 12.1 of the Agreement.
11.3 In the event of a violation of the provisions of this Agreement, including Articles 12.1 and 12.2, or if Klinik Haus determines that any information declared and uploaded by the Health Service Provider to the Website is false, Klinik Haus shall not be liable for any damages incurred by the Health Service Provider, the Patient, or any third party. The Health Service Provider acknowledges, declares, and undertakes that it is solely responsible for any damages suffered by third parties or Patients as a result of the suspension or termination of the Agreement under this article.
11.4 Klinik Haus shall have the right to immediately terminate this Agreement in the following cases:
If the Health Service Provider substantially violates this Agreement or fails to rectify the violation within …… days after receiving written notice from Klinik Haus regarding the violation.
If the Health Service Provider fails to provide Medical Services in accordance with the skill, diligence, foresight, and judgment that would be expected from a competent and experienced individual in the same field and nature.
If the Health Service Provider breaches the obligations set forth in Article 7 of the Agreement.
If the Health Service Provider violates any applicable legislation in any manner.
11.5 Termination of the Agreement shall not extinguish the rights and obligations that have arisen for the Parties until the date of termination. Upon termination of the Agreement, the Health Service Provider shall be responsible for all fees and expenses incurred until the termination date and shall not have access to the website as of the termination date.

12. RELATIONSHIP BETWEEN THE PARTIES
12.1 This Agreement in no way constitutes a partnership between the Health Service Provider and Klinik Haus. The entirety of this Agreement, and no specific provision, shall be interpreted as Klinik Haus representing the Health Service Provider or endorsing the Medical Service provided by the Health Service Provider.

13. INTELLECTUAL PROPERTY RIGHTS
13.1 The "Klinik Haus" brand and logo, the design of the Website, software, domain name, and all intellectual property rights related to any brand, design, logo, trade dress, slogan, and all other content created by Klinik Haus are owned by Klinik Haus.
13.2 The Health Service Provider may not use in any way Klinik Haus's (or affiliated brands') trade name, brand, service mark, logo, domain name, or any other Intellectual Property Right. In the event of a breach of this provision, Klinik Haus reserves the right to immediately terminate the contract, seek compensation, and pursue all legal remedies to prevent infringement.
13.3 Under this Agreement, Klinik Haus grants the Health Service Provider a personal, global, royalty-free, non-transferable, and non-exclusive license to use the Website. No provision in this Agreement or any protocol published on the Website can be interpreted as transferring rights and interests related to the Website to the Health Service Provider.
13.4 The Health Service Provider is prohibited from copying, modifying, reproducing the website in any way or for any reason, accessing the source code of the software on the Website, or creating derivative works from the Website. Violation of this provision constitutes grounds for immediate termination of the contract, and Klinik Haus reserves the right to seek compensation for damages and lost profits incurred as a result of such behavior from the Health Service Provider.

14. LIMITATION OF LIABILITY AND DISCLAIMER
14.1. All information, services, content, related images, or videos, etc., found on the Website are created, represented, and provided to the Website by Health Service Providers. Klinik Haus does not provide any guarantee whatsoever regarding the accuracy, reliability, suitability, quality, and compliance with current legislation of the information provided by Health Service Providers, as well as the services, related images or videos, and all Content uploaded to the Website by them. Klinik Haus does not offer advice to Patients or third parties regarding the Content uploaded to the Website by Health Service Providers or on their behalf.
14.2 Klinik Haus has no duty or authority to examine, supervise, or investigate the truth and compliance with current legislation of the Content uploaded to the Website by the Health Service Provider. The Website only serves as a passive platform with limited purposes, as specified in Article 2 of this Agreement.
14.3 Klinik Haus shall not be liable for any indirect or direct losses and damages incurred or potentially incurred by the Health Service Provider or the Patient due to the use of the Klinik Haus Website (including but not limited to reservation cancellations, postponements, or the inability to provide Medical Services, which may result in the inability to refund fees paid to the Health Service Provider for any reason).

15. DISCLAIMERS
15.1 This clause limits Klinik Haus's legal responsibility regarding the Health Service Provider's access to and use of the website. The Health Service Provider acknowledges, declares, and commits that they enter into this Agreement based on the disclaimers stated in this clause and that these disclaimers constitute the fundamental basis of this Agreement.
15.2 The entire use of the website is the sole responsibility of the Health Service Provider. Through this disclaimer, the Health Service Provider accepts and waives their rights to hold Klinik Haus responsible for any damages arising from the use or non-use of the website, regardless of the cause, including but not limited to the Agreement, tort, or any other legal grounds.

16. INDEMNIFICATION
16.1 The Health Service Provider acknowledges, declares, and undertakes that they are exclusively responsible for any expenses, damages, liabilities, losses, claims, or obligations towards third parties arising from similar situations, including but not limited to all transactions and activities on their account, the misuse of the website, the provision of medical services to patients, the violation of any intellectual property rights or other rights of third parties, the failure to provide medical services to patients, or the substantial breach of this Agreement, including, without limitation, the contents published on the website. The Health Service Provider also acknowledges that Klinik Haus bears no liability in any such circumstances.
16.2 In the event of any situation arising from this clause, the Health Service Provider agrees, declares, and undertakes to defend and indemnify Klinik Haus, its employees, affiliated brands, facilities, or other representatives against all types of claims, actions, lawsuits, expenses, and damages, including legal expenses and fees.

17. PROTECTION OF PERSONAL DATA AND DEFINITIONS
17.1 Within the scope of the purposes of this Agreement, "personal data" processed in accordance with the objectives of this Agreement shall mean any information related to identified or identifiable natural persons as defined in GDPR (General Data Protection Regulation) No. 2016/679. "Processing of personal data" is defined as any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, or similar processes.
17.2 The Health Service Provider, while fulfilling its obligations regarding the processing of personal data, must comply with all international agreements related to the protection of personal data in effect at the time, in addition to GDPR, without limitation to this Agreement. This includes but is not limited to laws, regulations, directives, instructions, and other similar regulations. In the event of any changes or updates in the regulations related to the protection of personal data, the Health Service Provider must inform Klinik Haus of such changes and make the necessary adjustments to its processes before the relevant regulation comes into effect.

18. LAWFUL PROCESSING OF PERSONAL DATA
18.1 The Health Service Provider, in accordance with this Agreement, undertakes, declares, and commits to process Personal Data in compliance with the purpose specified in the legislation and only to the extent necessary and required for providing Medical Services, in a lawful, fair, transparent, and secure manner, in accordance with GDPR provisions and the law.
18.2 The Health Service Provider has the right to process and transfer the personal data obtained during the fulfillment of the obligations specified in this Agreement only for the purpose of providing the Medical Services as stated in this Agreement. The Health Service Provider acknowledges, declares, and commits to avoiding any processing, action, inaction, or activity that may lead to the use of Personal Data beyond the specified scope or by third parties in such a manner and accepts responsibility for any damages that may arise due to behavior that violates this article.
18.3 In the event that the Health Service Provider shares personal data with a third party as part of the performance of this Agreement, they are personally responsible for ensuring the secure transmission of data. In this context, the Health Service Provider agrees and commits to entering into a contract with the third party with whom they share Personal Data, at a minimum, including the provisions for the protection of Personal Data stated in this Agreement and to ensure the full implementation of these provisions to the maximum extent possible. They acknowledge, declare, and commit to being solely responsible for all damages and losses arising from the violation of this article and that Klinik Haus has no liability whatsoever.
18.4 The Health Service Provider acknowledges, declares, and commits to delivering to patients the information text regarding general and specific personal data, the explicit consent text, and similar texts related to data transmission, and sharing the relevant data on the Website after obtaining the signatures and consents of the patients. Therefore, the Health Service Provider acknowledges, declares, and commits to being exclusively responsible for all liabilities that may arise from this, as well as any claims and demands that patients, third parties, or competent authorities may assert against Klinik Haus. The Health Service Provider also acknowledges, declares, and commits to covering all damages and losses incurred by Klinik Haus.
18.5 The Health Service Provider acknowledges, declares, and commits to having the administrative and technical competence to fulfill the obligations arising from this Agreement. The Health Service Provider is obliged to inform all third parties who process personal data, have access to personal data, or with whom personal data is shared, about the obligations regarding the protection of personal data stated in this Agreement and to ensure and guarantee full compliance with the current legislation regarding Personal Data. In the context of this clause, the Health Service Provider shall be solely responsible for any damages arising from third parties mentioned in this clause, if they act contrary to the provisions regarding the protection of Personal Data in the Agreement and the regulations in the legislation.
18.6 The Health Service Provider acknowledges, declares, and commits to taking necessary technical and administrative measures without delay in case of unlawful acquisition of processed or transmitted Personal Data by third parties or in case of any information security breach or risk, even if the Personal Data is not acquired, in the physical or information infrastructure. The Health Service Provider further commits to providing detailed information to Klinik Haus regarding such breaches or risks within ... hours from the time of learning about the breach or risk and to carry out all necessary work promptly and completely to eliminate any risks that may arise within the scope of this clause.
18.7 The Health Service Provider acknowledges that it has the authority to conduct audits at any time to determine whether Klinik Haus has fulfilled its commitments and obligations concerning the protection of personal data and agrees to cooperate fully with Klinik Haus under this provision. The Health Service Provider further agrees, declares, and undertakes to promptly and transparently share all information and documents requested by Klinik Haus when requested.
18.8 The Health Service Provider acknowledges, declares, and undertakes that there are no legal, administrative, criminal, or financial disputes or conflicts related to any Personal Data transferred to Klinik Haus for the purpose of providing Medical Services by itself and that it has complied with all legal requirements related to the collection and processing of such data in accordance with applicable, current legislation. The Health Service Provider also acknowledges that it has absolute control over the data it transfers or provides access to and that any claims by third parties regarding all or part of such Personal Data, based on any legal grounds, will result in the Health Service Provider bearing any resulting compensation and legal liabilities. The Health Service Provider further agrees, declares, and undertakes to promptly and fully compensate Klinik Haus for any damage it may incur in such a situation and acknowledges that Klinik Haus has the right to terminate this Agreement as a result.
18.9 In the event of a breach by the Health Service Provider of the provisions related to the protection of Personal Data set forth in this Agreement and/or any rule or regulation regarding the protection of Personal Data in force, the Health Service Provider agrees and undertakes to pay Klinik Haus a penalty clause in the amount of 1000 Euros in cash and without delay.
18.10 If the Health Service Provider causes Klinik Haus to incur damages or is subject to administrative or judicial sanctions due to a violation of its obligations related to the protection of Personal Data as set forth in Articles 17 and 18 of this Agreement or any non-compliance with the current legislation on Personal Data protection, the Health Service Provider shall be obligated to indemnify Klinik Haus for the damages suffered within the scope of this clause, including court costs and attorney fees.
18.11 The obligations of the Health Service Provider regarding the protection of personal data as stipulated in Articles 17 and 18 of this Agreement shall continue indefinitely.

19. PRIVACY
19.1 Any and all information belonging to Klinik Haus, whether related to trademarks, financial and fiscal matters, membership details, legal information, operational reports, or any other information, whether falling under the scope of trade secrets as required by current legislation or not, and regardless of whether it is commercially protected or not, pertaining to the subject matter and execution of this Agreement, as well as any and all written and/or oral commercial, financial, legal, technical, or other information and data that the Parties and their employees may come to learn within the scope of the Contractual relationship, are considered "Confidential Information." The Health Service Provider undertakes to protect all information and data that may be considered confidential, not to share it directly and/or indirectly with third parties under any circumstances, and not to use it for purposes outside the scope of the commercial relationship.
19.2 In the event that any data deemed confidential under this clause is obtained unlawfully or shared with third parties by the Health Service Provider or its employees, Klinik Haus reserves the right to claim compensation for all damages suffered.
19.3 The Health Service Provider is responsible for the preservation and non-disclosure of confidential information under this clause. This responsibility continues indefinitely even after the termination, suspension, or cancellation of the Agreement.

20. COOKIE POLICY
20.1 Klinik Haus is entitled to use cookies for the purpose of providing and facilitating Medical Services on the Website. The cookie policy specified on the Website by Klinik Haus is an integral and inseparable part of this Agreement.

21. JURISDICTION AND APPLICABLE LAW
21.1 The Website is controlled and operated by Klinik Haus from Turkey.
21.2 Klinik Haus does not declare or guarantee that the facilities or materials offered as part of the Medical Services obtained through the Website are suitable for use in countries other than Turkey or compliant with the laws, regulations, or any other rules in force in other countries.
21.3 This Agreement shall be governed and interpreted in accordance with the laws of the Republic of Turkey. Upon the entry into force of this Agreement, the Health Service Provider irreversibly accepts and acknowledges the jurisdiction specified in this clause and the applicable law.

22. CHANGES TO THE AGREEMENT
22.1 Klinik Haus reserves the right to unilaterally modify 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, with the remaining provisions remaining in full force and effect.
22.2 In the event that the Health Service Provider does not accept these changes, the Health Service Provider has the right to terminate this Agreement by providing written notice at least 7 days in advance. If no notification is made regarding the changes within the specified period, Article 8.1 of the Agreement shall apply.

23. NOTICES AND COMMUNICATIONS
23.1 Any notice under this Agreement is to be sent in writing to the most recent address or contact information, which has been communicated by one party to the other, and must include the signature of an authorized person. Notices can be sent via registered mail with return receipt requested or through a notary. In cases where delay is unacceptable, communication can also be conducted via email, provided that the necessary conditions and requirements are met. However, such email communications shall subsequently be confirmed by the method specified in this clause.
23.2 If either party changes their physical address (such as moving to a different building, neighborhood, city, or country) or digital address (such as an email address or registered electronic mail address), they must promptly notify the other party in writing of the new address. Failure to provide such notification will result in communications being sent to the previous address remaining valid.

24. FINAL PROVISIONS
24.1 The invalidity, unlawfulness, or unenforceability of any provision of this Agreement or any expression contained in the Agreement shall not affect the validity and enforceability of the remaining provisions of the Agreement.
24.2 The validity of any waiver by the Health Service Provider of any provision of this Agreement is subject to such waiver being in writing and being accepted and signed by Klinik Haus in writing. Otherwise, there shall be no implied acceptance by Klinik Haus under this provision. The waiver of any provision of the Agreement does not imply the waiver of any other provision or any future waiver of any provision.
24.3 This Agreement is integral with its attachments. In the event of any conflict between the Agreement and its attachments, the provisions contained in the relevant attachments shall prevail.

Klinik Haus HEALTH SERVICE PROVIDER