This Agreement is entered into by and between on one hand Acıbadem Sağlık Hizmetleri ve Tic. A.Ş., having its registered offices at the address of Acıbadem Tekin Sok. No:8 Kadıköy, Istanbul (hereinafter to be shortly referred to as Acıbadem) and on the other hand, a person who has subscribed / is going to subscribe in the Web Site owned by Acıbadem at the address of https://www.acibadem.com.tr/AcibademOnline/ (hereinafter to be shortly referred to as Web Site) ( hereinafter to be shortly referred to as the Member), and this Agreement is created and formulated in order to set down the mutual rights and obligations of the Parties hereto and to determine the conditions of use of services, applications and contents offered on the Web Site.II.DEFINITIONS
The following words and terms used in the text of this Agreement are defined as follows: "Web Site refers to a website comprised of a domain of https://www.acibadem.com.tr/AcibademOnline/ and of sub-domains belonging to and associated with the above cited domain; and "User" refers to and stands for each natural person or legal entity having access to the Web Site via on-line connection; and "Member" refers to and stands for a natural person and/or legal entity making use of the services offered by and in the Web Site under the terms and conditions set forth in the text of this Agreement; and Membership process is comprised of the stages of filling-in of a membership form required for enrollment purposes by a User willing to become a Member through the relevant section of the Portal, and provision of the required identity data and information, and completion of registration process upon approval of accuracy of identity data and information, and approval of registration by Acıbadem. One cannot have access to the rights and privileges of being a Member as described in this Agreement without completing the Membership process.III. WEB SITE MEMBERSHIP SYSTEM
If a person wishes to become a Member of the Web Site, first of all, he/she is required to fill in the Membership Form published in the Web Site and to provide full and accurate information and to agree and undertake to comply with the terms and conditions of the Membership Agreement cited in this document. In line with his/her decision, the Member clicks the (Become a Member) or (I'm already a member) button available under the Registration Form. If the Member clicks (Become a Member) button, she/he will be deemed to have accepted all of the terms and conditions of this Agreement.
User Name" is specific to the Member, and same User Name cannot be assigned to two different members. Password is known only by the User. The User may at any time and in his sole discretion change his Password. Selection and protection of the Password will be entirely under the responsibility of the User. Acıbadem may in no event be held liable for errors / problems that may arise out of user mistakes of the Member in the course of use of the Password. A User forgetting his/her password is directed to I Forgot my Password section and is asked to complete the security steps for identification of his/her new password. Upon successful completion of the security steps, the Member identifies his new password, and thereafter, this new password is valid and used at each time the Member enters the Web Site after the aforesaid step.IV. PROVISIONS ON USE OF WEB SITE
ACIBADEM may in no case and for no reason be held liable for the following:
Being aware of the global nature of internet, the MEMBER hereby agrees and undertakes to comply with all kinds of local laws and regulations and other legislative instruments, including, but not limited to, the rules and regulations regarding internet, data, electronic mails or confidentiality. The MEMBER hereby agrees and commits himself to comply particularly with the applicable laws and regulations of Turkey or the country of residence of the MEMBER.VII. PERSONAL DATA AND E-BULLETIN
1. In order to be able to provide more qualified and secure services to its Web Site members, ACIBADEM requests its users and Members to disclose their personal data (name, age, areas of interest, e-mail address, etc.) at the membership stage and at the time of use of its Web Site. Such data and information collected in ACIBADEM systems are used in ACIBADEM in order to enable the Members to make best use of the then-current and available services of ACIBADEM and its Web Site, and to send commercial electronic messages to the Members so as to make them aware of the news, new medical service contents and similar other awareness, and to filter the e-mail messages / information not wished to be received by the Members, and to manage the messaging system according to the preferences and choices determined by the Members. By accepting and signing this policy, the Users shall be deemed to have given their consent to all kinds of correspondences and communications (calls, SMS, mails, etc.) to be established with them hereunder.
2. Personal data shared by a Member with ACIBADEM and its Web Site cannot be used for non-intended purposes and cannot be shared with third parties.
3. The Member accepts that his personal data and information will be stored and used by ACIBADEM under these circumstances. The Member hereby acknowledges and accepts that ACIBADEM will send commercial electronic messages to his e-mail address designated via ACIBADEM Web Site with a view to making the Member aware of the information and advertisements regarding medical services of ACIBADEM, and that these messages will be sent according to the Member's preferences. If the Member does not wish or accept to receive such commercial electronic messages of ACIBADEM, then the Member is required to use the removal from E-bulletin list' option contained in the commercial electronic messages sent to him. If the Member does not wish to receive SMS, he may write ACB and send to 7889 and/or may call Acıbadem Call Center at 444 5 544, and declare to the Call Center Officer that he uses his right of removal'.
4. ACIBADEM shall in no case share with third parties the personal data requested from the Members in the membership forms, nor will ACIBADEM use such information for any commercial purpose beyond its normal fields of business.
5. Pursuant to and under the Law on Protection of Personal Data no. 6698 (hereinafter to be shortly referred to as KVKK), ACIBADEM will, acting as a Data Supervisor', record, register, classify, process, store, update and share with third parties the personal data of its valuable customers only to the extent permitted by its customers or by the applicable laws and regulations, and again as per the pertinent laws and regulations, you may retrieve link. detailed information about our and your mutual rights and obligations and the application form via https://www.acibadem.com.tr/acibademonline/hastaverilerinkorunmasi.html link.
6. The Member's personal data and information may be disclosed to official authorities and governmental bodies if and to the extent they are duly requested by official authorities, and they are required to be disclosed to official authorities pursuant to mandatory provisions of the applicable laws and regulations.
7. Due to future technical requirements and for the sake of compliance with laws, and without being obliged to inform the Members thereabout, ACIBADEM may make changes in implementation of this Agreement, and may amend or modify the existing articles, or may cancel the same, or may add new articles thereto. The Members may at all times find and read this Agreement at https://www.acibadem.com.tr/AcibademOnline/ address. That is why at each entry to the Web Site, the Users are recommended to visit the legal warning page. ACIBADEM may convert the services not requiring membership into a status requiring membership by time. ACIBADEM may further open new additional services, or may fully or partially change its some services, or may make them subject to pay.
8. It is in the discretion of ACIBADEM to or not to delete all kinds of records relating to membership account terminated by the Member himself. With respect to the records deleted as above or the information and documents not stored or backed up, the Member hereby declares, agrees and undertakes not to raise any claim against, and not to attribute any fault to, and not to impose any criminal liability on, ACIBADEM on the basis of any legal or contractual reasons or grounds.VII. CONFIDENTIALITY
1. ACIBADEM has adopted various different confidentiality principles for security of your personal data and information with the intention of protecting and maintaining your confidentiality and enabling you to make best use of the available technological infrastructure at the highest level. These confidentiality principles have been determined and are hereby declared for use and application for collection and/or use of data and information in ACIBADEM internet site and in all sub-internet sites thereof.
2. By visiting and/or using ACIBADEM internet site and/or becoming a member thereof, the User shall be deemed to have accepted and verified all such principles. In tandem with the feedbacks to be sent to the User through any one of his communication addresses designated in ACIBADEM page, the User may at all times perform and conduct all kinds of correction, revision and updating transactions in the Confidentiality Statement section without a prior notice. ACIBADEM may update the Confidentiality provision in certain time intervals, and the User may become cognizant of new events and developments by visiting this agreement in certain time intervals.
3. For identification of the system-related problems in the site, and for immediate resolution of probable failures or problems in ACIBADEM internet site, ACIBADEM may, if needed, register IP address of the users and use these records for the aforesaid purposes. These IP addresses may be used by ACIBADEM in order to identify its users and visitors within the general meaning thereof, and to collect comprehensive demographic data thereabout. The obligations of ACIBADEM internet site to keep and store traffic data as mentioned in the Law no 5651 are hereby separately retained and reserved.
4. Inside its internet site, ACIBADEM may provide links to other sites as well, and may publish advertisements of its contracted third parties and/or application forms relating to various different services, and may direct the Users to sites of ad givers or contracted third parties through these forms and advertisements. ACIBADEM hereby disclaims any liability for the confidentiality applications and policies of other sites accessed via such links, or for the contents of them.
5. ACIBADEM hereby agrees and undertakes to keep all confidential information disclosed to it in strict confidence and as its trade secrets, and accordingly, to take all kinds of measures and precautions as needed for keeping such information in confidence, and for prevention of disclosure of such confidential information in full or in part to public, or its unauthorized use, or its disclosure to third parties, and to show great care and due diligence as expected from it.
6. ACIBADEM may acquire information about users and about use of ACIBADEM site by users by using cookies which represent a technical communication file. Said technical communication files are comprised of tiny text files sent by an internet site to the user's scanner (browser) for storage in the main memory. Technical communication files facilitate use of internet by storing and keeping the relevant status and simple preference calibrations made in user's computer about an internet site. The above mentioned technical communication file is designed and used in order to help in collection of statistical data as to how many people have used the internet site proportionately to time, and how many times a person has visited the internet site for which purposes and for how much time that person has stayed in the internet site, and in production and generation of advertisements and contents of dynamic variety out of the user pages designed specifically for users. Technical communication file has not been designed in order to get any other personal data or information from main memory. Most of the scanners are prepared in such manner to accept this technical communication file at the stage of installation, but the users may at any time and in their sole discretion change or modify the calibration of their scanners in such manner to make sure that technical communication file is not inserted in their computer or a warning signal is issued if and when such type of a file is sent thereto.
7. Information that may be requested from users answering the periodical or non-periodical questionnaires that may be organized by ACIBADEM in its Internet Site may also be used by ACIBADEM and by persons or entities acting in cooperation with ACIBADEM in order to make direct marketing to these users, or to make statistical analyses, or to create a special database of them.VIII. VALIDITY OF ACIBADEM RECORDS
The Member hereby declares and acknowledges that in all kinds of disputes which may arise out of this Agreement, ACIBADEM's books, records, microfilms, microfiches and computer records will constitute valid, binding, final, sole and prima facie evidence within the meaning ascribed thereto by Article 193 of the Turkish Civil Procedures Code no. 6100 and that this article stands as an evidence contract and clauseIX. FORCE MAJEURE EVENTS
Force majeure events term shall be construes as the events which are beyond the control of ACIBADEM and cannot be prevented by ACIBADEM in spite of showing great care and due diligence, including, but not limited to, natural disasters, strikes, communication problems, infrastructural and internet failures, system improvement or renewal works and failures resulting therefrom, power outage, and bad weather conditions, in addition to and beside the force majeure events depicted in the applicable laws.
Upon occurrence of events legally considered and treated as force majeure events, ACIBADEM will not be liable to perform its duties and obligations arising out df this Agreement, and will in no case be held liable at any level or in any form on the ground of late or incomplete performance of its contractual obligations in full or in part. The Member hereby declares, agrees and undertakes not to raise any claim against ACIBADEM under any name whatsoever by alleging any such causes or events.X. GOVERNING LAW
All kinds of disputes that may arise out of or in connection with this Agreement shall be resolved first in accordance with the pertinent provisions of this Agreement and if this Agreement remains silent, in accordance with the applicable laws of the Republic of Turkey, irrespective of the conflict of laws rules or principles. The laws of the Republic of Turkey shall govern and be enforceable in resolution of the disputes between the Parties hereto or in implementation and interpretation of this Agreement as a whole or in parts.XI. NOTICES
Electronic mail address of the Member designated to ACIBADEM shall be accepted and treated as the Member's legal domicile and mail address for all kinds of notices and correspondences to be sent to the Member in relation with this Agreement. Unless the Member duly informs ACIBADEM in writing about any changes in his existing electronic mail addresses within 3 (three) days thereafter, the Member hereby accepts and acknowledges that all notices sent to his former electronic mail address will be deemed valid and to have been duly served on the Member himself.XII. EFFECTIVE DATE
When the User fills in the Registration Form and clicks I Accept button under the form, this Agreement enters into force permanently between the Parties hereto. The Member hereby declares, agrees and undertakes to have read, understood and accepted all of the articles of this Agreement and to have confirmed and verified the accuracy of information given about him.XIII. TERMINATION OF AGREEMENT
Each of the Parties may at any time and in its sole discretion terminate this Agreement.XIV. RESOLUTION OF DISPUTES
Istanbul Courts and Execution Offices shall have sole and exclusive jurisdiction in resolution of all kinds of disputes that may arise out of or in connection with this Agreement.XV. MISCELLANEOUS PROVISIONS