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USER MEMBER SERVICE AGREEMENT AND TERMS OF USE

 

A. DEFINITIONS AND PARTIES

Service Provider: Headquarters Aksu mahallesi, OMÜ caddesi, NO: 165, Teknopark Atakum, Samsun, Turkey, registered in Samsun Trade Registry under registration number 32630, with tax number 4571197733, Hane Software Information Technologies Limited Company.

Site: The site managed by the Service Provider and has the following address: https://www.doktoruzman.com

Professional Member: Accessing paid and free services offered by the Service Provider by accepting the Terms of Use and completing the registration process; doctors, dentists, psychologists, physiotherapists, dietitians, therapists, veterinarians, as well as all kinds of medical workers who are not mentioned above and engaged in medical and paramedical activities and users who provide health services.

Establishment: Organizations and partnerships that carry out medical services under the name of legal entity and ordinary partnership.

Esbablishment Manager: The profile users who have the authority to represent the organization against third parties are real persons.

User/member: Persons who accept the usage agreement and complete the registration process, and those who benefit from some services provided by the service provider free of charge without registering.

Profile: It is a place where information, opinions and shares of Professional members and organizations are collected, owned and managed only by the Professional member or organization manager.

Account: It is the Site database entry that enables professional members or organizations to identify their identities with the help of a user name and password, thus allowing them to access certain services.

Category: Classification of professional members and organizations according to their professional specialty

Third party: Real and legal persons other than members, Professional members and organizations.

Service: The service provided in the electronic environment is based on data exchange through public information processing and telecommunication systems in line with the request of the service buyer (User). It is not necessary for the parties to be present at the same time during these transactions.

Force Majeure: Human and natural disasters, war, mobilization, fire, strike, etc. events and unexpected situations that may occur or may occur on the server of the service provider and extraordinary situations that do not occur in their own risk area.

Service buyer: Professional member and organization that purchases paid services offered by the service provider. 

Contract: Arranged between the user and the service provider.

Package: The period of time during which professional members or organizations can benefit from services purchased.

Confirmed Profile: Account approved by the service provider after the creation of profiles by the professional member and organization 

Experimenting Professional member: A member who has permission to use all or part of the content of the service provided by the service provider during the trial period. 

Trial period: 1 week (7 days) period that the service provider provides only to Professional users or organizations.

B. SCOPE OF SERVICE

The service provided by the service provider; Within the scope of the general health information of the members, it is to ensure that the members/users come together to communicate in the virtual environment in order to enable the members/users to ask questions with medical content to the professional member they wish by choosing a branch and to enable the professional members to answer these questions. Questions answered by professionals, such as , are not intended for treatment or diagnosis. The answers given by the professional members are for informational and opinion purposes, and according to the information given in this context, it is not recommended to start any treatment or to stop/change the ongoing treatment. 

It is essential to have an Account on the Site as a User or Professional in order to be able to ask questions to Professionals and answer Users' questions by making use of the Service. The Service Provider always reserves the right to change/restrict the content and features of the Service it provides. The Service Provider does not take any responsibility for the content and structure of the information and materials placed on the Site or provided within the scope of the Service, the questions asked and the answers given by the User or Professional. 

The site has no other obligation to bring professional members and other members together on the web and does not make any commitments to the parties regarding the transactions/information/ideas between the parties. 

The purpose of the terms of use is to determine the conditions for the users to benefit from the services of the site and to determine the rights and obligations of the parties in this direction. The user member accepts and undertakes to fulfill the services, usage, contents, applications on the website and other provisions to be added by the service provider. 

Every real and legal person who makes use of the site services and accesses the Site is deemed to have accepted any changes made by Hane Software Information Technologies Limited Company to the provisions of these terms of use.

C. STARTING THE MEMBERSHIP

In order to gain membership status, the terms of use must be approved and the information requested on the membership page must be filled with correct and up-to-date information. The Member, who does not provide accurate and up-to-date information while filling out the Membership Agreement, is personally and exclusively responsible for all damages that may arise due to this.

User member, information requested during registration, username and T.C. creates a profile by entering the ID number. Subsequently, the registration process is completed after the membership agreement and terms of use are approved. After the Membership request is approved by the service provider, the user will start to benefit from all the services provided by the member site to the user/members.

D. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

a. Payables of the Service Provider 

The service provider provides the following services to the user member; To present the cataloged information of professional members and organizations according to provinces and categories, and patient satisfaction assessments, to the access of the user member,

Making the search engine accessible to user members, 

To provide the opportunity to evaluate professional members and organizations, to add and edit new information, and to make complaints, 

To enable the user member to make appointments with Professional members and organizations that use the appointment software and call center and benefit from the appointment opportunity in this way, 

Articles and videos etc. belonging to professional members and organizations. provide access to materials, 

The service provider will not open the user member's information to other people's access without their permission, except for the information required to be shared by professional members and organizations for the realization of the service, without prejudice to the information requested by the official authorities on the basis of authority from the law.

b. Service Provider's Rights 

Each user member has the right to open one account. The service provider has the right to suspend and delete all accounts and subsequent accounts if the user member has more than one account and this issue is determined by the service provider. 

If the service provider detects that the account for which a user membership is created is used by third parties, it may suspend or delete the account. The user reserves the right to indemnify against members and third parties. 

The service provider, in detail, in the opinions and comments of the user member against the laws and social life rules; has the right to suspend, freeze and delete the account and apply to the competent authorities in case of using obscene, profanity and insulting expressions, giving nicknames, giving information about private and family life, or committing criminal acts pursuant to the Turkish Penal Code. 

The service provider has the right to suspend and delete the account in case the user detects that the member manipulates the comments or other variables of the professional member and organization or other users and/or makes false comments. 

The service provider has the right to temporarily suspend its services without prior notice during the modernization of the site or the mandatory maintenance work to be carried out on the information and telecommunication systems. This issue is accepted in advance by the user member. 

The service provider, T.C., entered by the user member and requested during registration. In case of doubts about the correctness of the ID number, the parties to the suspect T.C. may request additional information and an image of an identity document confirming the accuracy of the ID number.

In case of registration by the user member, the service provider has the right to process the personal information provided by the parties and the information published in the profiles created by these persons, and to share the profile information of the user member on the site where it serves, with all other members within the scope of the service, and the user member accepts this issue. 

The service provider has the right to make changes in the services, tools and the way the site works, to delete all the information in the databases, to terminate its activities, to transfer the site rights and to perform all kinds of transactions in accordance with other laws regarding the site. 

The service provider may remove and delete the photos added by the user member from the profile if they are contrary to the provisions of this contract. 

The user hereby irrevocably accepts, declares and undertakes that he/she will not demand any compensation from the service provider under any name and name, regarding the suspended or deleted profiles due to behavior contrary to this specification and the relevant laws. 

Personal data shared by the service provider for the purpose of creating a profile or making use of the website by the user member; The Site or its business partners comply with the Cookie Policy in order to fulfill the obligations determined by this Agreement, to carry out the applications required for the operation of the website, to carry out customer service and complaint follow-up processes, and to carry out all kinds of electronic communication, profiling and statistical studies for similar purposes. appropriately collected, stored and processed. In addition, these personal data will be shared with the affiliates or companies of the Site in order to contact the Professional member or organization, provided that the obligations arising from the Personal Data Protection Law No. The Professional member or organization accepts, declares and undertakes this matter separately and expressly. 

User member; Username and password information is created by the member, and the security and confidentiality of the said information is the sole responsibility of the member. The service provider does not make any commitments to the parties.

E. RIGHTS AND OBLIGATIONS OF USER MEMBER

a. User Member's Rights;

User member;

It can make opinions and evaluations on the condition that it is related to the professional life of professional members and organizations and/or the service received from these people.

The service provider can access articles and video-like articles uploaded by the professional member and organization.

It can make appointments with Professional members and organizations that use the appointment software and call center and benefit from the appointment opportunity in this way.

Professional members and organizations can access cataloged information according to provinces and categories, and patient satisfaction assessments.

In order for the user member to benefit from these rights;

In order to create a profile/account of a new user member, at least basic information of that user must be entered.

Basic information about the user member includes:

Accepting the terms of use

Creating a profile and sharing credentials

Having access to the internet network

Having an e-mail account

Having the latest version and updated version of Firefox, Chrome, Safari and Opera search engines

The user is required to log in with the e-mail address and password determined by the member himself.

The user member benefits from the services provided by the service provider free of charge. The service provider reserves the right to charge fees for certain rights.

User member, provided that the terms of this contract are fulfilled;

Can edit information about him.

The user member can only add a photo that is recognizable and belonging to himself.
 

b. Obligations of the User Member

If the user member refuses to accept any provision in the contract, his membership is suspended by the service provider and the information is stopped from being published to third parties.

The user accepts and undertakes that more than one account will not be opened in his own name or on behalf of the member.

The user accepts and undertakes that the member will not be able to benefit from or allow access to third parties from their personalized profiles and accounts.

The user accepts and undertakes that the e-mail address entered during registration is valid in the notifications to be made by the service provider.

User member, service provider; It is responsible for making changes in services, tools and the way the site works, deleting all the information in the databases, terminating its activities, transferring the site rights and performing all kinds of transactions in accordance with other laws related to the site.

The user member is obliged to process the new information in case of a change in the information requested during registration. The service provider does not have any responsibility for material and moral compensation claims arising from the failure to fulfill this issue.

User member, information requested during registration and T.C. In case of doubts about the accuracy of the ID number or if there is a change in its current situation, notifying the service provider about this issue within 2 days and providing the necessary information or T.R. uploading the identity number to the system/profile, suspicious information of the service provider and T.C. is obliged to send and enlighten the requests for additional information or documents confirming the accuracy of the identification number.

The user member, by means of means for the public publication of the personal information he/she has placed on the site, including but not limited to the ones listed in terms of the Service Provider, and the processing, reproduction, dissemination, representation, sign, sound and/or image transmission specified in the Law on Intellectual and Artistic Works No. 5846. Acknowledges and declares that it will provide a non-exclusive, perpetual and gratuitous intellectual property right license along with public transmission rights. Deleting the account will not change this situation. It is forbidden to add photos of others and other graphics other than photos. Retouching of digital photographs is permitted, taking into account the characteristics of these photographs. However, these retouches should only be used to improve the overall quality of the photo (eg colour, contrast). Operations such as removing or adding elements from photos, combining multiple photos, or changing the original compositions of the photo are not allowed. The addition of pornographic photographs or photographs that do not conform to the professional nature of the Site is prohibited.

User member, opinions and comments contrary to the laws and social life rules, in detail; are obliged not to use obscene, profanity and insulting expressions, to use nicknames, to provide information about private and family life, or not to engage in criminal acts pursuant to the Turkish Penal Code.

The user member is obliged to bear the suspension of the service for a while for technical maintenance and requirements by the service provider.

The user member is obliged to cancel the appointment in their profile and notify the professional member or organization, in cases where an appointment is prevented due to events, including force majeure in his own risk area.

Personal data shared by the user for the purpose of creating a profile or making use of the website; The Site or its business partners comply with the Cookie Policy in order to fulfill the obligations determined by this Agreement, to carry out the applications required for the operation of the website, to carry out customer service and complaint follow-up processes, and to carry out all kinds of electronic communication, profiling and statistical studies for similar purposes. In order to communicate with the user member, provided that the obligations arising from the Law on the Protection of Personal Data No. 6698 and other relevant legislation are fulfilled in order to collect, store and process these personal data in accordance with the rules, these personal data can be offered to the user member special advantages and similar activities can be carried out. agrees and undertakes that it will be shared.

Statistical evaluation of various and mandatory information (identity, address, e-mail address, telephone number, IP address, which parts of the site visited, domain type, browser type, date of visit, time etc.) It can be used for purposes such as informing and providing personalized services via sms. The personal information of the members will not be disclosed to real and legal third parties, except for the request of the authorities authorized by law.

F. RESPONSIBILITY

The user member who does not provide correct and up-to-date information during registration accepts, declares and undertakes that he is personally responsible for all damages that may arise or may arise before all other members and third parties.

The user is responsible for the content and structure of the information and materials placed on the Site by the member. The user accepts, declares and undertakes that he is personally and exclusively responsible for the accuracy of the information he adds or whether it violates the rights of all other members and third parties.

The user is fully responsible for the damages and illegal actions that may arise due to his actions on the member site. These actions include, but are not limited to, providing inaccurate information, disclosing professional or other secrets, violating personal or copyright or similar rights, and prohibiting advertising / advertising.

The user accepts, declares and undertakes that the risks that may arise from the use of the site and the use of the rights promised by the service provider belong to him.

The service provider accepts, declares and undertakes that it does not have any warranty responsibility regarding the information and materials placed on the Site by the service provider, as well as the value, usefulness, completeness, completeness and usefulness of the products and services supplied through the Site.

The service provider has no responsibility for the promised service and other debts, except for gross negligence.

The Service Provider is not liable for any defects, except for gross negligence and intent, for the services offered free of charge and for the physical and data-based products supplied in connection with these services.

In the services provided by the service provider, the commitments of professional members and organizations; does not give any guarantee that it will be duly fulfilled or that these persons have the capacity to make commitments or have the authority to represent.

The service provider does not give any warranty liability to the user member due to the medical procedures performed by the professional member and the organization. The service provider is not responsible for material and moral compensation claims arising from these transactions.

The Service Provider does not give any guarantee that all or part of the Site will operate without error.

In the event that the service provider, professional member and organization refrains from fulfilling their obligations arising from this contract due to events occurring in the risk area and/or force majeure, the user does not guarantee the member and assumes no responsibility.

During force majeure or events that occur in the risk area of ​​the service buyer, the debts of the parties are considered suspended. In the event that the suspension period of the contract lasts more than 30 days, the contract shall be deemed to be mutually terminated.

The Service Provider shall not be liable if a certain official institution and organization notifies the user about the accuracy of the information about the user member, that the information is not correct, or if these institutions directly block the access of the parties to the site.

The user is solely responsible if any information, including e-mail addresses, of members, professional members and organizations and third parties is collected without the consent of the relevant persons and organizations or in case of other practices that will constitute a violation in accordance with the Law on the Protection of Personal Data No. 6698.

The service provider does not have any responsibility towards the Professional member and organization and the user/member due to the appointment agreements determined between the professional member or organization and the user/member, and the cancellation or change of the appointment due to reasons arising from the parties.

The service provider is not responsible for the disruptions that may occur in the services provided or promised due to user member and force majeure reasons that occur outside the risk area.

The service provider is not responsible for the information, opinions and comments entered by the user / member or third parties about the Professional member or organization.

The site does not have any direct and/or indirect responsibility for the damages incurred or to be incurred by other Professional members, members or 3rd parties due to the activities of the user member on the site, and for the damages incurred or to be incurred by other Professional members, members and third parties. The user accepts, declares and undertakes that he will act in accordance with the provisions of this Membership Agreement, all conditions stated on the website, applicable legislation and moral rules in his transactions, correspondence and actions on the website.

The user member is directly responsible for the malicious use of the password by other persons, in case the information such as the user name, password, usage rights, which he has determined, are shared with third parties. In addition, the user cannot use the IP address, e-mail address, user name and other information of another member in the internet environment, and cannot access or use the private information of other members without permission. Any legal and penal liability that may arise from such a use belongs to the user member who performed this act.

The user member cannot take actions that prevent or complicate the use of the site by other members or visitors; otherwise, his membership will be terminated and he accepts, declares and undertakes that he is personally responsible for any legal and penal liability that may arise from this situation.

All kinds of records of the membership account, which is automatically terminated by the user member in the above-mentioned situations, may be kept by the site subject to the conditions stipulated by the Personal Data Protection Law; however, the Site is free to delete such records from the moment the membership ends. The user member cannot claim any rights or compensation regarding the deleted records. However, the member's right to be informed about his/her personal data is reserved.

G. CONDITIONS REGARDING THE TERMINATION OF THE AGREEMENT AND THE RIGHT OF WITHDRAWAL

Service provider, user member requested identification number if the document showing the ID number is not submitted, the user may terminate the contract and delete the user account within 7 days from the notification.

If the service provider detects that more than one account has been opened by the user member, it may terminate the contract unilaterally without notice.

In the event that the service provider determines that the access to the account has been opened to third parties by the user member, it may terminate the contract unilaterally, without prejudice to the claim for compensation.

The user member can terminate the contract by deleting his account. However, deleting the user's account does not cause the deletion of their data.

The parties to the agreement may terminate the Service provision agreement electronically, without giving any reason and without warning. General provisions regarding breach of debt are reserved.

The Service Provider may terminate the contract unilaterally if the actions of the user member are contrary to the law and the Terms of Use or are of a nature to damage the reputation of the Site.

The fact that the Service Provider makes changes in the services, tools and the way the Site works, deletes all information in the databases, terminates its activities, transfers the rights of the Site, and performs any legal action regarding the Site does not constitute a reason for termination with just cause.

The user has the right to withdraw from this contract within 14 days.
 

H. MISCELLANEOUS PROVISIONS
 

1. EVIDENCE AGREEMENT

The user member states that https://www.doktoruzman.com's book records, microfilm, microfiche and computer records will constitute valid, binding, definitive and exclusive evidence within the meaning of Article 193 of the HMK, in case of disputes that may arise from this agreement, and that this article is in the nature of an evidential agreement. , accepts, declares and undertakes that it waives all kinds of objections to the records of https://www.doktoruzman.com stating that they are kept in accordance with the oath proposal right in advance.
 

2. PLACE OF PERFORMANCE

The parties agree that the performance obligations arising from this contract will be fulfilled in Samsun, the company headquarters of the service provider.
 

3. RIGHT OF REFERENCE

Compensation for pecuniary and non-pecuniary damage to be demanded/requested from the service provider and judicial/administrative fines imposed by judicial or administrative institutions and organizations due to acts and activities of the user member contrary to the other provisions regulated in this contract and other laws and to be applied in accordance with this contract. If it is covered by the service provider, the user member is liable to the service provider exclusively and severally in case of more than one of these persons.

 4. COMPLAINT PROCEDURE

The service provider is obliged to ensure the responsibility of care of real or legal persons who perform similar works from the services provided to the parties.

Complaints regarding the accuracy of the opinions/comments/data added to the site by the user, member or third parties are provided by sending an e-mail to the service provider's cap address, haneyazilim@hs01.kep.tr.

The service provider will send the notifications delivered to him pursuant to Article 2 to the contact e-mail address notified by the relevant user member as soon as possible.

Disruptions in the operation of the site, problems or complaints about other services are reported to the service provider within 7 days from the date of occurrence of the event.

The service provider processes the notifications received within 7 days. The extension of this period will be notified to the parties, except for the transactions arising from the persons who made the notification due to force majeure.

The service provider reserves the right not to process and publish the notifications sent by the parties as a result of the rights granted to it by the provisions of this contract and other laws.

 I. FINAL PROVISIONS

 Personal Data and Privacy

The obligatory profile, identity information, contact information (phone number, e-mail address, address information) shared by the user member in order to complete the membership process, within the framework of the provisions of this contract, the delivery of the service to the user member within the scope of the fulfillment of the contract regarding the service provided by the service provider, the performance of the contract is processed in line with the purposes of this contract and in a measured and limited manner for the follow-up of other processes of the contract. It is collected, stored and processed by the Site or its business partners in accordance with the Cookie Policy in order to provide and offer various advantages to the user member, to carry out customer services and complaint follow-up processes, and to carry out all kinds of electronic communication, profiling and statistical studies for similar purposes. In addition, these personal data will be shared with the affiliates or companies of the Site in order to contact the Professional member or organization, provided that the obligations arising from the Law on the Protection of Personal Data No. 6698 and other relevant legislation are fulfilled in order to offer special advantages and to carry out similar activities.

The Service Provider has the right to unilaterally change the membership and service contract. The changes will be published on the site.

In the disputes between the parties, the provisions of this contract will be applied to the extent that the mandatory provisions are not contradictory, and in cases where there is a gap in the contract, the relevant provisions of Turkish Law will be applied.

The courts and enforcement offices in the location of the Service Provider's headquarters are authorized to resolve disputes related to the Services provided.