Terms of Use
1. INTRODUCTION
https://klinikhaus.com/ (the "website") is a platform used to connect users seeking aesthetic and health services, such as rhinoplasty, breast augmentation, and more, worldwide, with Health Service Providers offering services in the fields of health and aesthetics. The Klinik Haus website provides you with the opportunity to search for, find, compare, and communicate with Medical Services offered by Clinics and Health Service Providers worldwide. https://klinikhaus.com/ and the resources, services, and materials provided herein are owned by Current Works Media Technology Joint Stock Company, located at Çınarlı Mah. Ozan Abay Cad. Egeperla No:10 Inner Door No:222 Konak İzmir.
2. 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.
3. DECLARATION AND NOTICE
Klinik Haus does not provide any form of medical advice to you and does not participate in the diagnostic process to be provided by the Health Service Provider. The information available on the Klinik Haus website is solely for guidance purposes and by no means substitutes for professional medical advice. The Klinik Haus website is a service that facilitates the viewing and accessibility of content provided by Health Service Providers and/or Clinics on the internet. We do not scan or verify the content provided by Health Service Providers and/or Clinics and do not endorse any specific Clinic and/or Health Service Provider. If you decide to work with a Clinic or Health Service Provider to receive Medical Services, the risk is entirely yours. In this context, you should be aware that some Clinics listed on the Klinik Haus website may be located in jurisdictions where insurance is not available or mandatory for the medical services they provide. We recommend that you conduct your own research about any Clinic and/or Health Service Provider listed on the Klinik Haus website and consult your physician before working with any Clinic and/or Health Service Provider through the Klinik Haus website. You should be aware that the results of any searches you make for Clinics and/or Health Service Providers on the Klinik Haus website should not be interpreted as Klinik Haus website endorsing a particular Clinic and/or Health Service Provider or as a comparative ranking of any Clinic and/or Health Service Provider by the Klinik Haus website.
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, do not hold ourselves out as experts in the healthcare field, do not engage in any information exchange or provide advice to you or Health Service Providers. Klinik Haus does not engage in discussions or provide advice on any matters related to medical treatment with Users or Clinics and/or Health Service Providers.
5.2 Klinik Haus does not have a party status regarding any transactions and/or contracts between you and Health Service Providers, or any disputes that may arise in connection with the services provided under these contracts. The obligation to manage appointments and provide Medical Services shall belong solely to the relevant Health Service Provider. Klinik Haus shall have no liability for any claims for pecuniary/non-pecuniary damages arising from any transaction between Users and Health Service Providers.
5.3 Klinik Haus does not guarantee the completion or outcome of any transaction and/or the performance of obligations by Health Service Providers. Klinik Haus does not guarantee that the Health Service Providers will perform their contractual obligations or their obligations in the future. If you enter into a contractual relationship with a Health Service Provider you believe is suitable for the Medical Service you require through the Website, that Health Service Provider is solely responsible for any breach of their contractual obligations towards you. In such disputes, Klinik Haus, which did not provide any advice or recommendation in the establishment of the contract, shall have no liability towards you.
5.4 The accuracy, reliability, legality, quality, and authenticity of the information, data, and services provided to Klinik Haus by Health Service Providers are not controlled by Klinik Haus. Klinik Haus does not endorse or guarantee the accuracy, reliability, legality, quality, or authenticity of this information, data, and 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, and all legal and criminal liability arising as a result shall solely belong to the Health Service Provider providing the said information and service. Klinik Haus acknowledges and declares that it does not provide any guarantee for the information and services offered by Health Service Providers under this clause and that it is immune from their legal consequences.
5.6 Any contract related to any medical service and/or product on the Klinik Haus website is directly concluded between the Health Service Provider and the User. It is not possible to enter into any contract related to the sale of medical services between Klinik Haus and the User or between Klinik Haus and the Health Service Provider. Klinik Haus only serves as a platform bringing together the User and the Health Service Provider.
6. CONTENT POLICY
6.1 Klinik Haus serves as a passive platform for the online distribution and publication of information provided through the website. Klinik Haus does not have any obligation to pre-screen or scan any information, content, materials, visuals, or videos.
6.2 The User acknowledges, declares, and commits to being solely responsible for the information, content, materials, visuals, or videos they provide to the website.
6.3 Klinik Haus reserves the right to edit or remove, at any time and without prior notice, any information, content, materials, visuals, or videos that it deems inaccurate, misleading, unlawful, or not serving the purpose of the website.
6.4 The User accepts, declares, and commits to being solely responsible for any damages and losses incurred by Klinik Haus due to the information, content, materials, visuals, or videos provided by the User on the website.
6.5 The User acknowledges, declares, and commits that reviews, evaluations, comments, or materials regarding the services provided by Health Service Providers may be published on the Klinik Haus website or associated third-party websites without a time limit.
6.6 The User agrees, declares, and commits to adhere to rules that are respectful, courteous, non-offensive, non-political, and unrelated to other potential users when providing reviews, evaluations, or comments about Health Service Providers.
6.7 The Content and Review Policy published on the Klinik Haus website includes other terms related to the content policy regarding reviews and texts provided by other users. This Policy is an integral part of these Terms of Use and the User Membership Agreement.
7. TERMS AND RESPONSIBILITIES FOR BEING A USER
Only individuals or legal entities who are legally authorized to enter into such agreements in accordance with the laws of their country may benefit from and use the Klinik Haus website service. Therefore, if you are under the age of eighteen, you should not access or use this website or its services. By accessing and using this website, you declare and warrant that you are over the age of eighteen. If you are not of legal age according to the laws of your country to become a user and do not have the legal capacity to enter into a contractual relationship, any resulting damage shall be solely your responsibility, and Klinik Haus is not obligated to investigate the accuracy and validity of users' statements under this clause.
8. USER RIGHTS AND OBLIGATIONS
8.1 The User acknowledges, declares, and undertakes that they are authorized under the laws applicable to enter into such agreements to benefit from the Klinik Haus website services or that the account is being used on their behalf by persons legally authorized. The User guarantees that they are over eighteen years of age.
8.2 The User declares, accepts, and undertakes to provide all the information requested by Klinik Haus for the use of the website in full, accurate, and up-to-date form. The User will immediately update such information in the event of any changes. Klinik Haus shall not be responsible for any failure to benefit from the website or the services offered through the website due to the provision of incomplete or inaccurate information or the failure to update such information.
8.3 The User acknowledges, declares, and undertakes that the information, data, materials, content, visuals, or videos they provide to the Klinik Haus website are accurate, legal, current, and reliable.
8.4 The User is obliged to inform the website of any changes to the information requested during registration. The User acknowledges, declares, and undertakes that, in the event of providing accurate and up-to-date information during registration, they are personally responsible for any damages that may arise before Klinik Haus, Health Service Providers, and all other users.
8.5 The User acknowledges, declares, and undertakes not to open more than one account on their own behalf or on behalf of others.
8.6 The User acknowledges, declares, and undertakes that third parties will not benefit from their personalized profiles and accounts, and they will not grant access to them.
8.7 The User acknowledges, declares, and undertakes that the email address entered during registration is valid for notifications from Klinik Haus and that Klinik Haus shall not be responsible for any damages and losses that may arise to the contrary.
9. PROTECTION OF PERSONAL DATA
9.1 The term "personal data," as processed in accordance with the purposes of the Klinik Haus Website and User Membership Agreement, refers to any information concerning identified or identifiable natural persons, as defined in the 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 sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment, or combination, restriction, erasure, or destruction.
9.2 Personal data belonging to the User is collected, stored, and processed by Klinik Haus in accordance with the Cookie Policy published on the website, for the performance of the User Membership Agreement and the obligations set forth in these Terms of Use, for the operation of the website, for the conduct of evaluations and complaint processes, for the execution of electronic communication, for profiling, for conducting statistical studies, and for similar purposes, regardless of whether personal data processing is automated.
9.3 Personal data submitted by the User to the website is transferred to Health Service Providers by Klinik Haus in accordance with the purposes of the User Membership Agreement and these Terms of Use and in compliance with the legislation. Therefore, the User accepts and explicitly consents to the transfer of their personal data to Health Service Providers in accordance with the User Membership Agreement and these Terms of Use, as well as other policies and terms available on the website. You can find the User Explicit Consent Text regarding this matter on our website.
9.4 Klinik Haus operates servers outside the European Union, and as such, 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 the other policies and terms available on the website.
9.5 The User acknowledges that communication content via email between the Health Service Provider and the User may be sent through Klinik Haus, and that Klinik Haus may store email communication content to facilitate communication and tracking between Health Service Providers and Users.
9.6 The User accepts that communication content, including phone calls, messages, and call records, between the Health Service Provider and the User may be sent through Klinik Haus, and that Klinik Haus may store communication content containing phone calls, messages, and call records to facilitate communication and tracking between Health Service Providers and Users.
9.7 The User agrees that Klinik Haus may send promotional or advertising materials via email when registering. If the User does not wish to receive promotional emails from Klinik Haus, they can contact Klinik Haus by clicking on the ... link on the website and notifying them.
9.8 The User acknowledges that Klinik Haus may share their personal data with any third-party company for the purpose of this Agreement, excluding themselves. In cases where data sharing occurs with a third-party company, the terms and conditions of such third-party companies shall apply. For more information on this matter, please refer to our Privacy Policy available on our website.
9.9 The User acknowledges and declares that they have been informed in advance by the Health Service Provider about the publication of their general and specific personal data on the Klinik Haus website. The User further acknowledges that they have read the relevant information text on the Klinik Haus website and have been provided with the necessary information and consent forms by the Health Service Providers.
9.10 The User is obligated to immediately notify Klinik Haus if they become aware that the personal data is not being handled in accordance with the applicable legislation or in the event of a data breach. The User acknowledges, declares, and undertakes that Klinik Haus shall not be held responsible for any damages and losses they may incur, and they accept that the Health Service Provider is solely responsible for such damages.
10. WEBSITE TERMS OF USE
10.1 As a User, you acknowledge, declare, and commit not to use the Klinik Haus website or any of its services or facilities for any purpose that is illegal or prohibited under this clause and the Usage Terms stipulated in the Klinik Haus User Membership Agreement, including but not limited to the following:
Posting unlawful, defamatory, demeaning, obscene, fraudulent messages or information, profanity, harassment, threats, or content that promotes hatred or any form of violence based on gender, race, species, or any other category.
Transmitting messages or information that infringe upon intellectual property, privacy, or third-party broadcasting rights.
Engaging in unauthorized activities, such as scraping, harvesting, or collecting personal content or information or using any unauthorized automated tools to extract information.
Copying, modifying, transmitting, displaying, distributing, reproducing, licensing, creating derivatives, transferring, or selling any data, information, software, product, or service contained within or constituting any part of the Klinik Haus website for any commercial purpose or using this content in any other way.
Using the website in a manner that may harm or disable it, or in a manner that obstructs others from accessing the website.
Engaging in any conduct that impedes or restricts any person from using the Platform, as determined by Klinik Haus, or that demonstrates harm to Klinik Haus, Health Service Providers, other users, affiliated organizations, or third parties in any way.
Committing system or network security breaches or violating the Klinik Haus Terms of Use.
10.2 Any actions contrary to the purpose of this Agreement as stated in this clause, and not limited to it, may lead to legal or criminal liability. In such a case, Klinik Haus reserves the right to resort to all legal remedies against users who violate the Terms of Use.
10.3 Pages on the Klinik Haus website may contain technical inaccuracies and typographical errors. The information on this website may be periodically updated by Klinik Haus; however, Klinik Haus assumes no responsibility for keeping this information up to date and shall not be held liable in case of any failure to do so.
11. COPYRIGHT AND LIMITED LICENSE
11.1 The visual appearance, design of the Klinik Haus website, as well as all information, data, images, texts, codes, graphics, visuals, videos, designs, logos, the Klinik Haus brand, and other brands used by Klinik Haus, the https://klinikhaus.com/ domain, computer software, applied business methods, and business models, including but not limited to these, and all content related to them, are licensed to Klinik Haus, the holder of intellectual and industrial property rights. All these intellectual and industrial property rights mentioned herein are protected by Turkish laws and international agreements.
11.2 None of the intellectual and industrial property rights belonging to Klinik Haus, as mentioned in this clause, can be used, modified, copied, reproduced, converted into another license, or republished in whole or in part, or used on another website without the express written permission of Klinik Haus, either in their entirety or in part, without significant similarity. The entire Klinik Haus website or any part thereof cannot be used on another website without permission.
11.3 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 incurred.
12. DISCLAIMER
12.1 This clause limits the legal liability of Klinik Haus regarding the User's access to and use of the website. The User declares and commits to accepting the disclaimers set forth in this clause and those outlined in the User Membership Agreement while using the Klinik Haus Website and its services.
12.2 The User acknowledges and waives their rights to hold Klinik Haus responsible for any damages, whether based on the Agreement, Tort, or any other legal ground, arising from the use or non-use of the website, as the entire use of the website is at the User's own risk.
12.3 Klinik Haus assumes no responsibility, explicit or implied, concerning the operation, security, condition, performance, reliability, or service of any healthcare service provider.
12.4 Klinik Haus is not liable for any actions, errors, negligence, representations, warranties, breaches, losses, damages, or expenses arising from any transaction between the User and the Health Service Provider.
13. LIMITATION OF LIABILITY
13.1 Klinik Haus shall not be responsible for any information, data, materials, content, images, or videos provided to the website by the User or Health Service Provider. The User acknowledges, declares, and undertakes sole and exclusive responsibility for the accuracy, reliability, quality, and whether or not it violates the rights of third parties for the information they provide.
13.2 The User is personally responsible for all direct or indirect damages or losses that may arise from their actions on the website and any unlawful activities they engage in.
13.3 Klinik Haus clearly and unequivocally states that any risks and damages arising from the use of the website and the services it provides belong solely to the User and the Health Service Provider.
13.4 Klinik Haus shall have no responsibility for the cancellation, modification, or similar situations related to appointments arising from parties determined between Klinik Haus and the Health Service Providers.
14. PENALTIES AND COMPENSATION
14.1 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 similar situations, including but not limited to misuse of the website, violation of any intellectual property rights, or other rights, as well as all transactions taking place on their account and all activities conducted on the website, including information, materials, images, videos, or content provided on the website, substantial violations of this Agreement. The User acknowledges that Klinik Haus bears no liability in any of these cases.
14.2 In the event of any situation arising from this clause, the User agrees, declares, and undertakes to defend and indemnify Klinik Haus, its employees, affiliated brands, facilities, or other representatives against all kinds of claims, proceedings, lawsuits, expenses, and damages, including legal expenses and fees.
15. LINKS TO THIRD-PARTY WEBSITES OUTSIDE OF THE AGREEMENT
15.1 The Klinik Haus website contains links to third-party websites. The use of third-party websites by the user is subject to the terms of use of those websites. The user acknowledges that access to any other website through the Klinik Haus website is entirely at their own risk.
15.2 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.
15.3 Klinik Haus reserves the right to terminate access to any third-party website link at any time and for any reason.
15.4 The inclusion of a link to a third-party website by Klinik Haus does not imply that Klinik Haus endorses, collaborates with, authorizes, sponsors, or is affiliated with any third-party website.
16. USABILITY
16.1 While Klinik Haus strives to ensure the continuous accessibility of the website, it reserves the right to temporarily suspend or halt access to the website for purposes of maintenance, emergency repairs, updates beyond its control, and similar operations, despite its best efforts.
16.2 The User acknowledges and agrees that Klinik Haus shall not be held responsible for any damages arising from the temporary suspension or cessation of access to the website.
16.3 The User accepts responsibility for the protection, backup, and 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.
17. CHANGES TO TERMS OF USE
17.1 Klinik Haus reserves the unilateral right to modify any provision of these Terms of Use and the integral User Membership Agreement, by announcing such changes on the Website. The amended provisions of these Terms of Use and the integral User Membership Agreement shall become effective as of the date of their announcement, while the remaining provisions shall remain in full force and effect.
17.2 If the User does not accept these changes, the User has the right to terminate the User Membership Agreement without any compensation, provided that the User gives written notice at least ... days in advance. If the User fails to exercise the termination right within the specified period under this clause, the User shall be deemed to have accepted the relevant changes and will not be able to exercise the termination right.
18. RESOLUTION OF DISPUTES AND APPLICABLE LAW
18.1 The Website is controlled and operated by Klinik Haus from Turkey.
18.2 Klinik Haus does not make any representations or warranties that the services, facilities, or materials offered through the website are suitable for use outside of Turkey or comply with any legal or regulatory requirements in other countries.
18.3 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Turkey. By entering into this Agreement, the User acknowledges, declares, and undertakes irrevocably that they accept the jurisdiction and applicable law specified in this clause.
19. FINAL PROVISIONS
19.1 The invalidity, unlawfulness, or unenforceability of any provision of these Terms of Use or any statement contained therein shall not affect the validity and enforceability of the remaining provisions of the Terms of Use.
19.2 Each provision contained in these Terms of Use is separable and may be enforced separately as such. If at any time it is determined by any competent judicial authority that any provision is invalid or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired in any way.
19.3 This Agreement, together with its appendices, constitutes the entire agreement. In the event of any conflict between the Agreement and its appendices, the provisions contained in the relevant appendices shall prevail. No provision in these terms of use shall be construed to create a partnership between the user and Klinik Haus, and neither Klinik Haus nor the user shall be deemed the agent of the other in any way.