Wellcome.com User Agreement

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This User Agreement (“Agreement”); [Esentepe Mah. Büyükdere Cad. Ferko Signature No: 175 İç Kapi No: 6 Şişli / İstanbul] by Wellcome Wellness Sağlık Turizmi ve Teknoloji Ticaret Anonim Şirketi ("Wellcome"), registered with the Istanbul Trade Registry with the registration number 467312-5, [Website name] domain name website ("Website") and mobile application-like platforms determined by Wellcome ("Wellcome Platform"), including the service and other related facilities offered by the Wellcome Platform, including the Visitors and Members ("Wellcome Platform") defined below. It regulates the terms and details regarding its use as a ("User").

This Agreement regulates the conditions that the User must be subject to from the moment the User accesses the Wellcome Platform for one of the purposes of visiting the Wellcome Platform, becoming a member of the Wellcome Platform and / or benefiting from the content and / or services offered on the Wellcome Platform.  The provisions that the User will be subject to in this Agreement may vary depending on the title of Visitor or Member that the User will gain according to the motivation of accessing the Wellcome Platform.

DEFINITIONS

Definitions in this Agreement should be understood as defined below, unless expressly stated otherwise:

Device(s)

It shall mean a computer, tablet, smartphone and other electronic device(s) capable of operating the main current internet browsers in its category, preferably with video calling and speech capabilities.

Clinic and Hospital(s)

Means the person(s) who access Wellcome Platform in accordance with this Agreement and start using Wellcome Platform with the aim of providing services by completing the membership procedures in accordance with the Health Service Provider Agreement to which they are subject.

Content Provider

Within the scope of the Internet Law, it shall mean natural or legal persons who produce, change, and provide any information or data presented over the Internet.

Turkish Internet Law

It shall mean the Turkish Law No. 5651 on Regulation of Broadcasts Made on the Internet and Combating Crimes Committed Through These Broadcasts.

User(s)

shall mean the person(s) who use the Wellcome Platform as a Visitor and Member in various ways.

Turkish Personal Data Protection Law (KVKK)

It shall mean the Law on Protection of Personal Data No. 6698.

Member(s)

It shall mean the person(s) who create an account by completing the membership form on Wellcome Platform and complete the necessary procedures and who can perform the transactions in the relevant article of this Agreement.

Location Provider

Within the scope of the Internet Law, it shall mean natural or legal persons who provide or operate systems hosting services and content.

Visitor(s)

It shall mean the person(s) who can perform the transactions in the relevant article of this Agreement by visiting Wellcome Platform.

GENERAL CONDITIONS

This Agreement is valid for the User whose detailed description is given above; All persons accessing the Wellcome Platform as Visitors and Members and/or using the Wellcome Platform for the purpose of obtaining services, examining, and obtaining information will be subject to this Agreement.

This Agreement must be read before the User accesses the Wellcome Platform and before performing various transactions on the Wellcome Platform.

Unless the User agrees to all or some of the rules in the Agreement, they should not use the Wellcome Platform as a User. By using the Wellcome Platform, the User shows that they agree and accept the rules in this Agreement. To make it clear, these rules are written in this Agreement;

By the Visitor who continues to roam on the Wellcome Platform and

It will be understood that it has been accepted and approved by the Member who has completed the creation of a membership account on the Wellcome Platform.

Wellcome can update and change the Wellcome Platform. Any updates and changes that affect the User on the Wellcome Platform are part of this Agreement, and the User agrees to the updates by using the Wellcome Platform and/or taking advantage of the opportunities on the Wellcome Platform. Wellcome will ask the User for a separate permission for any changes that might harm the User.

Wellcome may change this Agreement at any time. The updated Agreement will be posted on the Wellcome Platform with a link that anyone can access. The new Agreement will apply to all current and future Users from the time it is posted and will have better terms for them.

The updated Agreement: Visitors who do not agree must stop using the Wellcome Platform right away. Members Accounts’ who do not agree the terms must be terminated on the Wellcome Platform right away.

Wellcome PLATFORM

Wellcome Platform is a platform where people can get information about Wellness applications and wellness (collectively “Wellness Applications”), whether they have surgery or not, share their experiences, and communicate with Wellness Providers serving in this field through Wellcome Platform.

The scope of content and services provided through Wellcome Platform differ for Visitor and Member.

On the Wellcome Platform, which the visitor accesses via the Device;

It can provide circulation,

You can read about the treatment experiences of the Members who shared them,

By filtering doctors, clinics and hospitals by name, city, or treatment, they can access their professional and contact information,

Access to current news and articles within the scope of Wellness Practices,

It can access non-medical diagnosis and treatment advice and estimated treatment price information published by Doctors on Wellcome Platform for Wellness Practices.

On the Wellcome Platform, which the Member accessed via the Device;

It can perform all the operations that the visitor can perform,

Can share their experiences on Wellness Applications,

They can communicate with the doctor they want to be treated through the add-ons on the Wellcome Platform, get information about the approximate price range for the treatment, and request an appointment from the relevant doctor regarding the physical examination.

COMMON RIGHTS AND OBLIGATIONS OF USERS

The User is solely responsible for the Devices that she uses to access the Wellcome Platform and for having a valid internet connection.

The User agrees, states, and promises that, under this Agreement, she will not violate the personal rights, intellectual property rights or property rights of the User, Wellcome and/or any other third parties under the Law No. 5846 on Intellectual and Artistic Works, by reproducing, distributing, copying and/or altering any texts, video clips, files, databases, or any other elements.

The user agrees, states and promises that she will not take any actions that could damage, obstruct, overload or harm the content and media providers, websites, goods or services or software that are owned by or associated with Wellcome User; such as sending worms, viruses, spyware, malware, or any other code that could cause harm or blockage; She cannot interfere with or disrupt Wellcome Platform servers or networks that are connected to Wellcome Platform; She cannot insert content or codes that alter or hinder the way it is shown or seen on the Devices of other Users of Wellcome Platform. User; Wellcome Platform cannot make any similar attempt to compromise the integrity and performance of Wellcome Platform, including but not limited to reverse engineering, decomplication, intrusion, interference, inversion, copying activities.

The User cannot make any demands from Wellcome if the content of the services offered through Wellcome Platform change.

Wellcome Platform might have links to websites, applications, or services of third parties that Wellcome does not own or manage. User who exits Wellcome Platform will have to follow the user agreement of third-party websites, applications, or services.

This Agreement;

At any time, by stopping the access to Wellcome Platform by the visitor,

The use of the membership by the member can be terminated at any time by stopping and/or deleting the membership account.

RIGHTS AND OBLIGATIONS OF THE VISITOR

By accessing Wellcome Platform, the visitor

Viewing news and articles published within the scope of Wellness Practices,

By sorting the clinics and hospitals by their name, specialty, city and/or treatment type, viewing the Doctors who work in these areas and getting the professional and contact details of the Doctors, if they are available,

Treatments, filtering by patient feedback about treatment, patient age, photos, videos, questions and answers,

Viewing clinic, hospital and Doctor comments about Wellness Practices and Members’ posts about their own treatment experiences,

They have the right to access estimated and average price information that matches the market for the treatment.

The visitor can become a member of Wellcome Platform to use other services offered on the Wellcome Platform and to get or give services from the Wellcome Platform.

The Visitor, who joins as a member to get service, follows the rules of this Agreement for the Member; The Visitor, who joins as a member to give service, agrees, states, and promises that he will follow the Doctor Agreement.

The visitor can share his/her treatment experience with the Doctors/Clinics/Hospitals who are registered on the Wellcome Platform, because of the patient-doctor relationship she has formed outside of this Agreement, by contacting Wellcome through various communication channels. With the visitor’s clear permission to share, she will become a member of the Wellcome Platform and the treatment experiences she shared with Wellcome will be posted on the Wellcome Platform. The person who joins as a member according to this article will follow the rules of this Agreement for the Member.

MEMBERSHIP

The visitor must be over the age of 18 (eighteen) in order to become a member of the Wellcome Platform.

The visitor needs to complete the membership to use the benefits that are only for the Member on the Wellcome Platform; This happens when the visitor gives the username and e-mail address information to the Wellcome Platform and makes an account by choosing a password or when the visitor signs into the Wellcome Platform through her social media account in order to complete the membership process, the e-mail address information provided to the Wellcome Platform must be correct and up-to-date. In this context, a confirmation e-mail will be sent to the e-mail address to confirm that the e-mail address is correct and up to date. If the verification mail is not approved, the Visitor will not be able to continue with the membership process.

The method of creating the membership of the visitor, the information required to create a membership and the determination of the social media accounts that he can connect to are at Wellcome's initiative and may be changed from time to time.

If the password used to log in to the membership account is forgotten, the Member may request that the password reset option be sent to the e-mail address specified during the account creation phase.

The member will always be able to update her profile information by logging into her account on Wellcome Platform and add some additional data such as name, surname, date of birth, gender, city of residence, photo to her profile.

MEMBER'S RIGHTS AND OBLIGATIONS

The member is solely responsible for ensuring that the information requested from him when creating an account is correct, complete and up-to-date.

The Member who logs in to the Wellcome Platform with her social media account information accepts, declares, and undertakes that he is the owner of the relevant accounts.

The Member can only act for her own benefit under this Agreement, and cannot give her rights and duties under this Agreement to anyone else, completely or partially, cannot make the membership account in Wellcome Platform available for others to use, and cannot reveal account information to anyone else.

The Member is solely responsible for all activities that he will perform within the scope of her account. The Member should immediately notify Wellcome if she notices any breach of security, including the unlawful disclosure or use of her account, or if there is a reasonable doubt regarding these matters.

The member is authorized to approve Wellcome's access to its location or to refuse access to its location so that location-based service can be provided to it.

Member, by accessing Wellcome Platform,

Performing the transactions that the visitor can perform,

Asking questions to clinics, hospitals and doctors registered to Wellcome Platform for Wellness Practices,

Sharing the experiences of the Clinics, Hospitals and Doctors registered on the Wellcome Platform, from which they have previously received services for Wellness Practices, and their treatments, by adding their relevant images,

Evaluation on various subjects by scoring the Clinics, Hospitals and Doctors they have been treated,

Contacting the Clinics, Hospitals and Doctors via Wellness Platform, through the communication channels they will prefer and requesting an appointment from the Doctors for the physical examination,

Following Clinics, Hospitals and Doctors registered to Wellcome Platform, the answers given by the Doctors to the questions asked by the Doctors themselves or other Members, and the experiences shared by other Members,

They have the right to request a price offer via Wellness Platform for the treatment from the Clinic, Hospital and Doctor they want to be treated.

Member, in cases where they communicate with the doctor via video or written call option via Wellcome Platform while performing the transactions, the conversation between the Member and the Doctor will be carried out over the third platform and applications, and the conversation and shared content that will take place within the scope of this article are the responsibility of the Member and the Doctor.

Depending on her choice, the member will be able to be informed of the updates regarding the content she follows and the answers to the questions she sends to the Doctor via Wellcome Platform and/or by e-mail sent to the e-mail address specified by her during the membership process. The Member is authorized to approve or reject the sending of instant notification messages by Wellcome.

While performing procedures such as requesting a medical examination, evaluating the doctor, asking questions to the doctor, sharing experiences within the scope of this Agreement, the Member may not use discriminatory statements and approaches such as race, religion, gender, sexual preferences, insulting, violent, and violating the privacy rights of third parties. Including the law, should not include statements contrary to general morality and should not act in a way that disturbs the society or other Members, Clinics, Hospitals and/or Doctors.

Clinic/Hospital/Doctor accepts that she has been informed that all the content, including the photograph, which she will share while performing the evaluation, asking questions to the Doctor, and sharing her experiences, will be made public on the Wellcome Platform.

The Member will always be able to delete their account on Wellcome Platform by using the "Delete My Account" option.

RIGHTS AND OBLIGATIONS OF WELLCOME

Wellcome agrees to fulfil its obligations under the Internet Law.

Wellcome will show the necessary care to ensure that the services offered on the Wellcome Platform are delivered on time, safely and without errors, and that the service quality meets the expectations, and Wellcome does not have any commitments regarding the aforementioned issues.

Wellcome must do the necessary work to make sure that the Member can ask the Clinic/Hospital questions, share her experiences, ask for an examination from the Clinic or Hospital, and talk to the Doctor through third-party platforms and applications. The meeting to be held between the Member and the Doctor through third platforms and applications, Wellcome cannot access any data regarding the Member and the Doctor.

With the Member’s permission, Wellcome can send instant notification messages to the Member about the Member’s use of Wellcome Platform.

Wellcome can at any time temporarily stop the working of the Wellcome Platform, do technical maintenance, repair, and updates on the Wellcome Platform, or completely stop the use of the Wellcome Platform.

Wellcome, can change the content of Wellcome Platform, how it is used, the information needed for membership and other parts of Wellcome Platform,

Transforming transactions that do not currently require membership to requiring membership, offering additional services, changing some services partially or completely,

It can change the services it gives for free into a paid one, change the price of the already paid services or make them free,

The services and contents given may be blocked to the User and/or may reduce their visibility on the Wellcome Platform because of the unsuitable content, the breaking of this Agreement or the damage to other Users.

If the User uses the opportunities given to him/her outside the legal remedies planned and/or breaks this Agreement; Wellcome can end the User’s use of the Wellcome Platform or her membership in the Wellcome Platform by itself. Wellcome can take the necessary actions by looking at the complaint records sent to it, judging the records on all kinds of unsuitable behavior criteria, such as but not limited to unethical communication and unsuitable content sharing.

Wellcome does not have to check if the information given for membership matches the conditions in this Agreement. If it is found that the member does not match these conditions, Wellcome can delete the membership.

Wellcome can share all data with the authorities if the official authorities ask for it because of the law or rules. Such a sharing cannot be seen as a breaking of information privacy or personal data protection.

Wellcome will make the request to permanently delete the Member's account as soon as possible.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

It will not take part in any communication/interaction activities, such as but not limited to the meetings that will happen between the Clinic/Hospital or Doctor and the Member, and will not be the receiver of problems, damages and other requests that come from this communication. In this way, it should be remembered that in the communication / interaction activities, Wellcome does not have the role of Content Provider, but is only a Hosting Provider. Wellcome does not have to check the content it gives according to its role as a Hosting Provider or to look for any illegal activity. In this situation, Wellcome’s duty is only to do the needed steps and actions according to the Internet Law based on possible notifications that will be sent to it. Wellcome is not bound by the negligence and behavior of the User regarding the use of the Wellcome Platform, as long as it is permitted in accordance with the applicable laws.

All actions that come from legal changes that will happen outside of this Agreement are not Wellcome’s responsibility and will be shown in the Agreement in the same way.

Wellcome will not be blamed for any damages that may happen if the information set during account making is revealed to third parties and/or taken by third parties.

Wellcome is not directly and/or indirectly to blame for any damages that happened or will happen because of the Clinic, Hospital or Doctor letting third parties using Member’s account without Member’s permission.

If the User uses the Wellcome Platform through Devices that are not his or hers or are not good for using the Wellcome Platform, and so any person has material and / or moral damage, the User will be in charge of all damages.

Wellcome is not to blame for the sharing of the content of the conversation that the Member will have with the Clinic, Hospital or Doctor under this Agreement by the Member, the Clinic, Hospital and/or Doctor and/or other people and/or the taking, revealing by third parties, and for any damages that may happen in other situations.

Wellcome does not promise the correctness, completeness, correctness, and helpfulness of the Doctor’s answers to the questions asked, her sharing with the Member about the treatment process, and her opinions about Wellness Practices on the Wellcome Platform. In this situation, if the content of the conversations with the Doctors are to guide and/or make a decision for the Member, none of the opinions of the Doctor, including false, wrong or confusing opinions, can be taken from the Member because of these opinions.

Wellcome is not to blame for the decision made by the company and the results of these decisions.

Wellcome is not to blame for the correctness of the content and information that the User gets through Wellcome Platform.

Wellcome shall not be liable to the User or third parties due to delays due to technical maintenance, repairs and updates, temporary suspension, or complete suspension of the system.

Wellcome and User cannot be held responsible for their failure to fulfil or delay their responsibilities in the Contract partially or completely due to some objective impossibilities that could be called force majeure (such as natural disasters) or an unexpected event (such as administrative decision, legal changes, marginal increase in taxes, customs and duty, war, coup etc.).

MISCELLANEOUS PROVISIONS

The personal data of the Visitor, which is used because of the services and benefits given by Wellcome, is used according to the law that is valid, especially the Law on the Protection of Personal Data No. 6698, and according to the Wellcome Platform Clarification Text and Cookie Policy Text, which can be seen through Wellcome Platform. So, the Visitor must read the Wellcome Website Clarification Text and Cookie Policy before using the Wellcome Platform.

The personal data of the Member, which is used because of the services and benefits given by Wellcome, is used according to the Wellcome Platform Membership Clarification Text, which can be seen through Wellcome Platform and according to the law that is valid, especially the Law on Protection of Personal Data No. 6698. So, before getting personal data about them, the Member has been informed by the Wellcome Platform Membership Clarification Text that is on the Wellcome Platform.

The Member might share private personal data when asking for an examination, rating the doctor, asking questions to the doctor and sharing her experiences, so the Member can read the Explicit Consent Text About Shares when making an account, and if she is going to make such shares, Wellcome will think that the Member has given explicit consent to the use of personal data; if she has not given her consent for this, she should not put personal data of special kind in her shares.

The content given by the Member when rating the doctor, asking questions to the doctor, and sharing their experiences on the Wellcome Platform, and also the username, name, surname, and profile photo are shown to everyone so that the Member can be seen on the Wellcome Platform.

The invalidity, illegality, or unenforceability of any rule of this Agreement or any opinion in the Agreement will not change the validity or enforceability of the other rules of the Agreement. The article names in this Agreement are only for reference and will not change the meaning or understanding of the Agreement.

The article titles in this Agreement are for reference purposes only and will not affect the interpretation or understanding of the Agreement.

All conflicts arising from or in connection to this Contract shall be subject to Turkish law and Istanbul Courts and Enforcement Offices shall have exclusive jurisdiction.

The User may contact Wellcome by sending an e-mail to [EMAIL] or via the Platform for any feedback, questions or comments about Wellcome Platform and this Agreement.