Article 1. PARTIES
This User Agreement ("Agreement") , KADİR YILMAZER MAXIMUM INFORMATION TECHNOLOGY AND TECHNICAL SERVICE CENTER WEB DESIGN AND INTERNET ADVERTISING ("Company") purchased by the Company and allocated specifically to each user. “………………..….online” to the site located at the domain address with the extension (“Site”) user (“User(s)”) It is concluded between the person registered as .
Company and “………………..….online” The User who is the owner of the domain address with the extension will be referred to individually as a "Party" and both parties will be referred to collectively as the "Parties".
The Agreement will enter into force upon its electronic acceptance by the User and will remain in force unless terminated by the parties in accordance with the procedures specified in the Agreement.
Article 2. SUBJECT AND SCOPE OF THE AGREEMENT
2.1 This Agreement is made available to the User through the Cloud-based Patient Tracking System called "Online Hippocrates" accessed through the Site. ("APPLICATION") to be used and the data uploaded to the Site by the User ("Contents") It is concluded in order to determine the relevant terms and conditions and the rights and obligations of the parties.
2.2 The necessary infrastructure is made available to the User for the Company to integrate into the E-Pulse system and send data using the system code and password provided to the User by the Ministry of Health.
2.3 The terms of use, rules and conditions offered by the Company to the Users regarding the use of the Site and the Application within the scope of the Site are also an annex and an integral part of this Agreement and constitute the entire rights and obligations of the parties together with the rights and obligations set forth herein.
Article 3. RIGHTS AND LIABILITIES OF THE PARTIES
3.1 The User acknowledges that, in order to use the Application, they must confirm this Agreement by providing the Company's requested information in a complete, accurate, and current manner. Any changes to the information provided during the establishment of User status will be promptly updated. The Company is not responsible for any inability to access or use the Site or Application due to incomplete, inaccurate, or outdated information.
3.2 Users are entitled to create a single User account. Following the suspension or termination of a User account by the Company, the User is prohibited from creating a second account using the same or different information. The Company reserves the right to refuse the opening of a User account at its sole discretion and without justification.
3.3 The Company undertakes to automate administrative processes such as appointment tracking, patient information and follow-up, measurement tracking, analysis tracking, financial management, invoicing, prescription creation, reporting system, security system, treatment information entry and tracking, and patient file recording for physician, surgeon, dentist, psychologist, psychiatrist, and dietitian offices/clinics purchased by the User. The Company undertakes to provide the services specified in the Application upon collection of the Application fee.
3.4 After order acceptance and transaction confirmation, the Company will provide the User with the access information and passwords for the service detailed in the contract, and the service will commence. Users will access the Site using their username and password. The User will be responsible for maintaining the confidentiality and security of this password. Any activity conducted through the Site using this information will be deemed to have been conducted by the User, and all legal and criminal liability arising from these activities will be the responsibility of the User. The User will immediately notify the Company of any unauthorized use of their password or any other breach of security.
3.5 Because the App provides the necessary infrastructure for integration and data transmission into the E-Pulse system through the system code and password provided to the User by the Ministry of Health, the User is responsible for providing complete, accurate, and up-to-date patient and customer information and transferring it to the E-Pulse system. The User is solely responsible for any inaccurate, incorrect, or incomplete patient and customer information transferred to the E-Pulse system, and the Company has no liability. The User accepts, declares, and undertakes this provision.
3.6 The Company provides services related to the Application, and the Company assumes no responsibility for the information and documents created and shared within the Application. The User acknowledges and undertakes that the documents created or information and content uploaded to the Application are accurate and lawful, that they are responsible for all information and documents contained within the Application, including email and SMS services, and all transactions they will use and utilize. Such data, information, and statements will not cause any violation of rights. The User is solely responsible for ensuring that the content created and shared within the Application, and other related processes, comply with relevant legislation, particularly social security and labor law. Use of the Application in a manner not in compliance with this Agreement and relevant legislation may result in partial or complete suspension of the User's use of the Application, and the Company assumes no liability for any disputes that may arise in this regard.
3.7 The User accepts that he/she is the data controller within the scope of the Personal Data Protection Law No. 6698 with respect to the persons whose personal data will be uploaded to the Application by the Customer and the Patient, that he/she is solely responsible for obtaining the necessary approvals from the persons registered in the Application by the Customer and the Patient, including the uploading of personal data to the Application and the processing of these data by the Company acting as the data processor, providing the necessary information to the persons registered in the Application by the Customer and the Patient, and fulfilling the obligations under the relevant legislation, and that he/she will be held liable for any and all claims and damages that the Company may incur in this context.
3.8 The User acknowledges and agrees to use the Application only for lawful activities and to comply with this Agreement, its annexes, applicable legislation, and other terms and conditions set forth on the Site related to the Application. The User may use the Application and Site on behalf of third parties as long as the User is authorized to provide services to such third parties. In this context, the User shall ensure that such parties also comply with this Agreement and all other provisions applicable to them.
3.9 The User may, from time to time, use the Application through a third party. (“Authorized User” and “Administrator”) Authorized Users and Administrators, and their authorization levels within the Application, will be determined by the User. The User is responsible for the use of the Application by Authorized Users and Administrators, and will always control the access of Authorized Users and Administrators to the Application, and may change or revoke the access level of the Authorized User and Administrator to the Application at any time and without cause. In the event of a dispute between the User and the User and the Administrator authorized by the User regarding access to the Application, the User will decide on the access and access level of the Authorized User and the Administrator to the Application or Content.
3.10 The Content shared by the User is the property of the User, and the User assumes full responsibility for the Content. The Company reserves the right to use the Content within the scope of the rights granted to it by the User under this Agreement. The Company shall not be held liable for the Content or any losses or damages that may be caused by the Content. The Company has no responsibility for any of the following, including, but not limited to, compliance with the law, accuracy of the Content, collection, or financial transactions. Ensuring compliance with relevant legislation regarding financial transactions, taxes, and other matters is the sole responsibility of the User. The User acknowledges that the Company may delete the Content from the Application and its systems based on requirements arising from applicable legislation, particularly financial regulations, and that the Company is not responsible for any damages that may occur in this regard, including lost data.
3.11 The User agrees that he/she will not gain unauthorized access to the Application beyond the scope of access granted to him/her, and will not upload files or illegal Content that will harm the Site, the Company's computer systems, devices and software. (Including copyrighted or trade secret Content and other materials that the User does not have the right to use) accepts and undertakes that it will not transfer or upload, and will not modify, copy, adapt, reproduce, create source code or reverse engineer the computer programs used in the provision of services or the operation of the Site, unless absolutely necessary for normal use.
3.12 The Company will not charge any additional fees for sending data to the E-Pulse system. However, if public institutions charge the Company a fee for data transmission, the Company reserves the right to pass these costs on to the User.
3.13 Users shall retain copies of Content uploaded to the Application. While the Company adheres to policies and procedures necessary to prevent data loss, it makes no guarantees that loss of Content will not occur. The Company is not responsible for any loss of Content, regardless of how it occurs.
3.14 The Company will store and use the information and data shared with it by the User in accordance with the "Privacy Policy," which is an annex to this Agreement. The User agrees that the Company may share the User's information with the relevant authorities upon request from the relevant authorities in accordance with applicable legislation. Furthermore, information regarding the User and the transactions conducted by the User through the Site may be used for the User's security, the fulfillment of the Company's obligations, and certain statistical evaluations. The User acknowledges that the Company may use the information and documents shared by individuals registered with the Customer or Patient product within the scope of the Application, anonymize the personal data contained in such information and documents, and perform statistical evaluations without revealing the identities of individuals registered with the Customer or Patient product.
3.15 The Company also reserves the right to share Content with other users to provide requested services, such as sending invoices and sharing payment information. If a User wishes to use Content belonging to other users, they will obtain the consent of the relevant users and will use such Content in accordance with the consent given by the other user. This information may also be classified and stored in a database, and the Company may use the User's usage and transaction information for performance evaluations, marketing campaigns for the Company and its business partners, annual reports, and similar purposes, provided that the data is anonymized, for the period necessary for these purposes. The User acknowledges that the Content and other information may be stored by the Company or third parties in data centers located in Turkey or abroad.
3.16 The User declares, accepts and undertakes that he/she is the data controller within the scope of the Personal Data Protection Law No. 6698 regarding the accounts whose personal data will be uploaded to the Application by the User, that he/she is solely responsible for obtaining the necessary approvals from the accounts registered to the Application by the User, including the uploading of personal data to the Application and the processing of these data by the Company acting as the data processor, providing the necessary information to the accounts registered to the Application by the User and fulfilling the obligations under the relevant legislation, and that he/she will be held liable for any and all claims and damages that the Company may incur in this context.
3.17 If technical issues arise with the Application, the User will make reasonable efforts to identify and diagnose the issue before contacting the Company. If the User continues to require technical support, the necessary support will be provided through the Site, the Application, or other appropriate channels.
3.18 Communication tools available to the User through the Site (such as forums, chat tools or message centers) If provided, the User declares and undertakes to use these communication tools only for lawful purposes. The User will not use these communication tools to share materials other than those intended for the Application, including the sale of products and services, emails sent without the consent of the other party, files that could harm third-party software and computer systems, content that denies other users or any illegal content. The User undertakes that they have the authority to do so for all communications made through the Site. The Company has no obligation to verify the appropriateness of communications made through the Site or their relevance to the intended use of the Application. With regard to other web-based communication tools accessed through the Application or used in connection with the Application, the User will exercise the same care as they are obligated to when using the communication tools provided through the Site. The Company reserves the right to remove the communication tools provided through the Site at any time at its sole discretion.
3.19 The Company may change, update, or terminate the terms of this Agreement at any time and without prior notice and/or warning in any form. Any amended, updated, or repealed provision will be effective for the User as of the date the Agreement is published.
3.20. Measures have been taken to ensure that the Site and Application are free of viruses and similar malicious software, to the best of our ability. Furthermore, to ensure ultimate security, the User must provide their own virus protection system and ensure the necessary protection.
3.21 The Company cannot be held responsible for any material or moral damages that may arise from the inaccuracies in the Customer and Patient data entered by the User within the Application and service it provides, the data content, or any data used via email or SMS. The Company is responsible for backing up and storing this data. The Company undertakes to regularly back up and maintain all User data. However, the Company is not responsible for any damages or losses that may occur due to interruptions in the Company's services or data loss due to natural disasters, government sanctions, or reasons beyond the Company's control.
3.22 The Company has the right to make changes to the Application, to release new versions, publications, extended forms, etc. of the Application, to add new features to the Application, or to remove existing features.
3.23 The User may not transfer or assign their User account, this Agreement, or any rights and obligations arising from the use of the Site to a third party. Furthermore, the User may not distribute, sell, or transfer to third parties, whether free of charge and/or limited or unlimited, the services provided to them free of charge and/or unlimited through the Application to which they are a member.
3.24 The User undertakes to comply with all statements and warnings made to the User by the Company or published on the Site within the scope of the service they receive. The User declares, accepts, and undertakes to comply with all warnings and notices published or notified by the Company while using the service.
3.25 Promotional and training videos shared with the User regarding the Application cannot be shared or published on any platform without the written permission of the Company.
3.26 If the User violates this Agreement and the other terms and conditions contained within the Site, as well as its representations and warranties, the Company shall have the right to suspend the User's membership or terminate the Agreement as described below, thereby terminating the User's user status. In such a case, the Company reserves the right to claim damages from the User arising from such violation.
Article 4. PAYMENT TERMS
4.1 The User can only use the Application that belongs to the Company. https://onlinehipokrat.com.tr/ If he requests information through the Communication Channels and Contact Form on the website, he will be able to benefit from the service provided that he pays the fees declared to him in full and in full, using the declared payment terms and means.
4.2 The User uses the Application as belonging to the Company. https://onlinehipokrat.com.tr/ 7 stated on the website (seven) 1-day trial period without paying any fee. If the user requests a paid membership after the trial period ends, the user's membership type will be (monthly or annual), will become a paid membership, determined by the service level, campaigns, or contract duration. Membership will not be automatically granted upon completion of the demo period. Fees, payment terms, and effective dates for the application belong to the Company. https://onlinehipokrat.com.tr/ Changes to the membership package's fees and payment terms during the User's membership period will not be implemented until the end of the User's membership month; new fees and payment terms will take effect at the start of the new membership month. No refunds will be made if the membership is terminated for any reason, including termination of the Agreement, during the membership month.
4.3 Period by user (relevant membership month) 7 from the end (seven) Unless otherwise requested 24 hours before the end of each period, the User's membership will be automatically renewed.
4.4 The Company will send an invoice for the usage fees at the beginning of the membership period to the contact address provided by the User. The User will pay the relevant amount on the invoice within 7 months following the invoice date. (seven) The User is responsible for payment of taxes and duties related to the relevant fees.
4.5 Unless there is a special contract with the user, the Application membership fees are stated in the price list for the Online Hippocratic Patient Tracking System, which is an annex to this contract, on the date of the contract. (“Application Price List”) Users will continue to be charged according to the Application Price List in their contracts. The Company may increase this fee annually. User hereby declares and undertakes to accept this price increase.
- The monthly fee will be determined including VAT and will be paid monthly by the User.
4.7 Unless there is a special contract with the User, the fee is charged during the ordering process or 7 days from the invoice date. (seven) It will be paid by the User via bank channel or credit card by the end of the business day.
4.8 If the User delays the payment, the Company reserves the right to reflect the delay difference.
Article 5. INTELLECTUAL PROPERTY RIGHTS
5.1 All rights, ownership, and interests, including the visuals and designs, text, logos, and graphics on the Site and Application, belong to the Company. Under this Agreement, the User is granted a personal, worldwide, royalty-free, non-transferable, and non-exclusive membership to use the Site and Application. Nothing in the Agreement or other terms and conditions regarding the Site shall be interpreted as transferring any rights or interests related to the Site and Application to the User. Under this Agreement, the User grants the Company the right to use, copy, transmit, store, and back up information and Content for purposes related to the User's access to and use of the Application and the provision of services. The Company reserves the right to sublicense the Content to third-party developers for the purpose of providing services.
5.2 The User does not have the right to copy, modify, reproduce, reverse engineer, decompile, or otherwise access the source code of the software related to the Site or the Application in any way or for any reason. Any modification of the Site's content or linking to or from the Site without the Company's express permission is prohibited.
5.3 The User agrees that he/she will not compete with the Company and the Application through the methods mentioned above or in any other way and will not support third parties acting for this purpose.
5.4 The User shall not be liable to any damages arising from the Company's (or its affiliates) will not use its trade name, trademark, service mark, logo, domain name, etc.
Article 6. LIMITATION OF LIABILITY
6.1 Application, software and other content within the scope of the site “as is” The Company does not guarantee the accuracy, completeness, or reliability of the Application, software, or content. The User understands and accepts that the Company does not guarantee the relationship between the Content and other User data. The Company does not guarantee that use of the Application will be uninterrupted or error-free. While the Company aims to ensure that the Application is accessible and usable 24/7, it does not guarantee the functionality or accessibility of the systems that provide access to the Application. The User accepts that access to the Application may be blocked or interrupted from time to time. The Company is not responsible in any way for such blockages or interruptions.
6.2 The User acknowledges and declares that the Company has no liability in the event of any problem occurring on the Site that is beyond the control of the Company.
6.3 The User acknowledges that access to the Application offered through the Site and its quality largely depend on the quality of the service provided by the relevant Internet Service Provider and that the Company has no liability whatsoever for problems arising from the quality of the said service.
6.4 The User is solely responsible for the content they upload and the use of the Site and Application. The User is responsible for any and all claims and demands that may be made by third parties regarding any violations of Intellectual Property rights or the use of the Content, Application and Site. (including litigation costs and attorney fees) He accepts that he does not hold the Company responsible.
6.5 To the fullest extent permitted by applicable law, the Company will not be liable for any direct, indirect, special, incidental, or punitive damages arising from the use of the Site, including, but not limited to, lost profits, lost goodwill, lost reputation, or lost expenses incurred to obtain substitute products and services. Furthermore, the Company disclaims any warranties of any kind, express or implied, including, but not limited to, implied warranties, merchantability, or fitness for a particular purpose. In any event, the Company's liability under this Agreement shall be limited to the amount paid by the User for the services subject to this Agreement up to the date the relevant damages arose.
Article 7. ENFORCEMENT AND TERMINATION OF THE AGREEMENT
7.1 This Agreement shall enter into force upon its electronic acceptance by the User and shall remain in force unless terminated by either party as specified below.
7.2 The user may terminate the contract without giving any reason, 7 days before the end of the contract period. (seven) has the right to terminate this contract at the end of the contract period, provided that it gives written notice at least 24 hours in advance.
7.3 If either party fails to fully and properly fulfill its obligations arising from this Agreement, and if the breach is not remedied within the specified timeframe despite written notification from the other party, this Agreement may be terminated by the notifying party. If the User commits the aforementioned breach, the Company reserves the right to suspend User status until the breach is remedied. If the User violates applicable legislation, the Company may terminate the Agreement for just cause, effective immediately.
7.4 If the User violates any provision of this agreement and fails to fulfill his/her responsibilities and commitments, or if it is determined that the information declared is not accurate, the Company has the right to terminate the agreement unilaterally without any warning or notice.
7.5 In case the User does not make payment as stated in this agreement, delays payment or does not comply with the obligations stated in this agreement, or does not comply with the payment-related rules, the Company reserves the right to stop or suspend all services provided to the User, limit membership account access and delete the account.
7.6 While the Company suspends access to an account, the User will not be able to access email, SMS, or the web, and their email and SMS accounts will be frozen. The User declares, accepts, and undertakes that they are solely responsible.
7.7 Termination of the Agreement shall not terminate the Parties' rights and obligations incurred up to the termination date. Upon termination of the Agreement, the User shall be liable for all fees and expenses incurred up to that date and shall not be able to use the Site or Application as of the termination date. No refunds shall be made to the User upon termination of prepaid memberships.
7.8 The user will be charged 7 times following the invoice date for the services received. (seven) If the payment is not made within the business day, it is deemed to be in default.
7.9 The User declares, accepts and undertakes to pay a penalty of of the outstanding debt amount, a lawyer's fee of and all other legal expenses in the event that the Company files a lawsuit or initiates enforcement proceedings against the User for any receivables arising from this agreement.
7.10 The User declares, accepts and undertakes that if the User applies to the legal authorities for Precautionary Attachment and Precautionary Measures for the collection of receivables arising from this agreement, the Company is authorized to take Precautionary Attachment and Precautionary Measures without collateral; however, if the Courts request collateral despite this, the User shall pay the commission and all fees arising from the letters of guarantee to be received from the Banks and shall not raise any objection to these matters.
7.11 In case the User terminates the contract before the expiration of this Agreement or the contract is cancelled by the parties, the User agrees that he/she will not demand the monthly membership fee he/she has paid to the Application.
7.12 User's account 3 (fly) If the User is inactive for a period of one month, the Company may terminate this Agreement.
7.13 In cases where the user account is not blocked for legal reasons and the Agreement is terminated, the Company will not be able to access the Content. (fly) will provide read-only access for the month.
7.14 The Company reserves the right to store the Content in its databases for as long as this Agreement remains in effect. The Company reserves the right to discontinue the products and services it offers after their expiration or to cancel the service entirely. The Company has no obligation to retain any data after the cancellation of expired or unpaid services.
Article 8. MISCELLANEOUS PROVISIONS
8.1 The invalidity, illegality or unenforceability of any provision of this Agreement or any expression contained therein will not affect the force and validity of the remaining provisions of the Agreement.
8.2 This Agreement, including its annexes, is a whole. In the event of any conflict between the Agreement and its annexes, the provisions of the relevant annexes shall prevail.
8.3 Contact will be made with the User via the email address provided during registration or via the User's contact number. Email communication replaces written communication. It is the User's responsibility to keep their email address up to date.
8.4 In all cases deemed force majeure, the Company shall not be held liable for any late, incomplete, or non-performance of any of its obligations under this Agreement. Force majeure shall be interpreted as events beyond the reasonable control of the relevant party, including, but not limited to, natural disasters, riots, wars, strikes, lockouts, malfunctions in telecommunications infrastructure, power outages, and adverse weather conditions. The parties' performance shall be suspended for the duration of the force majeure event.
8.5 The parties agree and declare that all computer records belonging to the Company will be taken as the sole and exclusive evidence in accordance with Article 193 of the Civil Procedure Code and that the said records constitute an evidentiary contract.
8.6 In case of disputes arising from this Agreement and its annexes, Istanbul (Çağlayan) Courts and Enforcement Offices will be applicable.
8.7. All rights of this contract It belongs to KADİR YILMAZER MAXIMUM BİLİŞİM TECHNOLOGY AND TECHNICAL SERVICE CENTER WEB DESIGN AND INTERNET ADVERTISING. In the event of a verbatim copy of the contract, the Company reserves all rights arising from this.
Article 9. FINAL PROVISION AND ENFORCEMENT
This agreement is 9 (nine) It consists of two articles and was signed in 2 (two) copies between the Company and the User on ../../….
By completing the form presented on the Site to begin using the Application and approving this Agreement, the User is deemed to have read and accepted this Agreement. This Agreement is concluded and mutually enforceable upon the User's approval of the Agreement on the Application.