IntegroHealth

User Agreement

• PARTIES

• This User Agreement (“Agreement“) has been concluded between Integro Sağlık Hizmetleri ve Bilişim Teknolojileri Ticaret Anonim Şirketi (“IntegroHealth”), which is the owner and operator of the application called IntegroHealth, located in Dikilitaş Mah.  Emirhan Cad. Barbaros Plaza C Blok No: 113 Beşiktaş, İstanbul, registered in the Istanbul Trade Registry with the registration number 372719-5 and the MERSİS number 0382045151400001, and the internet user [Member’s name-surname] (“Member” or “User”) who wants to become a member of the application, residing at [●], with the identity number [●] (“Member” or “User“).

• IntegroHealth and Member shall be referred to in this Agreement individually as “Party” and jointly as “Parties“.

• DEFINITIONS

Doctor: Refers to persons who register as a Doctor in the Application within the scope of the Agreement with Integro Health. 

Member: Refers to persons who are registered as patients in the Application within the scope of the Agreement with Integro Health.

Application: Refers to the website, mobile applications and mobile site with the name of Integro Health, the ownership of which belongs to Integro Health and on which IntegroHealth offers the services specified in the Agreement.

• PURPOSE AND SCOPE OF THE AGREEMENT

• The subject of this Agreement is to determine the terms and conditions of the Member’s use and benefit from the Application.

• Pursuant to this Agreement, the Member wishes to become a member of the Application and benefit from the services offered on the Application.

• The purpose of this Agreement is to determine the conditions for the Member to benefit from the services offered by IntegroHealth on the Application and to determine the rights and obligations of the Parties in this respect. With the acceptance of this Agreement by the Member, the Member declares and undertakes that he / she has accepted all kinds of statements regarding the services, usage, content, applications, Members, which are and will be included in the Application.

• IntegroHealth is not a seller or Doctor of any product in the Application and is a service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce.

1. 1. RIGHTS AND OBLIGATIONS OF THE PARTIES

• Membership Status

1. 1. 1. 1. In order to obtain membership status, this Agreement must be approved and the information requested on the membership page must be filled with accurate and up-to-date information. The user who wants to become a member must be over the age of 18 (eighteen).

         2. The Member declares and undertakes that the personal and other information provided while becoming a Member of the Application is true and that IntegroHealth will compensate all damages that IntegroHealth may incur due to the untruthfulness of this information.

         3. In the event that there is a dispute about the person to whom the membership rights and obligations belong and if such persons make a request from IntegroHealth in this regard, IntegroHealth will accept that the last person who carried out any transaction using the relevant membership account is the owner of the membership account and will act accordingly.

         4. The right to use the password received by the Member from the Application belongs exclusively to the Member. The Member may not give this password to any third party. All legal and criminal liability regarding the use of the password belongs to the Member.

• Terms of Use of the Application

1. 1. 1. The Member accepts and undertakes to comply with all provisions of the legal legislation while using the Application and not to violate such provisions. The Member may not use the Application in any way that disrupts public order, violates public morality, disturbs and harasses others, infringes the intellectual and copyright rights of others and for any purpose contrary to the law. Otherwise, the Member shall be fully and exclusively responsible for all legal and criminal liabilities that may arise.

      2. The Member shall not use the Application in the following manner:

1. Use of the Application to create, control, update or modify databases, records or directories on behalf of any third party;
2. Use of the Application in whole or in part for the purpose of disrupting, modifying or reverse engineering;
3. Making transactions using false information or another person’s information, creating unreal membership accounts by using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information, and using these accounts in violation of the Agreement or applicable legislation, using another Member’s account without permission, becoming a party or participant in transactions by impersonating another person or under a false name;
4. Using the commenting and scoring systems for purposes other than the Application, such as publishing comments in the Application outside the Application, or for purposes other than manipulating the systems;
5. Spread of viruses or any other technology that damages the Application, the database of the Application, any content on the Application;
6. Collecting any information about the members, including e-mail addresses, contact addresses, without the consent of the relevant persons or engaging in other practices that would constitute a violation in accordance with the Law No. 6698 on the Protection of Personal Data;
7. Engaging in activities that will create unreasonable or disproportionately large loads on the communications and technical systems determined by the Application or damage the technical functioning, using “screen scraping” software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling on the Application without the prior written permission of IntegroHealth, and copying, publishing or using all or part of any content in the Application in this way without permission;
8. Using the Application for purposes other than its intended purpose, in a manner that constitutes any offense and/or in a manner that constitutes collusion;
9. Unauthorized access to third parties’ information and software.

1. The ideas and thoughts and expressions declared, written and used by the Members in the Application are exclusively the personal ideas and comments of the Members and the Member is solely responsible for the results of these ideas and comments. These opinions and thoughts have nothing to do with and have no connection with IntegroHealth. IntegroHealth shall not be liable for any damages that may be incurred by third parties or institutions due to the ideas and opinions to be declared by the Member or any damages that may be incurred by the Member due to the ideas and opinions to be declared by third parties or institutions.

2. Members are required to complete the identity verification process through the Application in order to benefit from remote health services. Members are obliged to show their official identity documents to the healthcare professional for identity verification purposes upon the request of the healthcare professional.  If the identity verification processes are not completed, the provision of remote healthcare services may be interrupted or terminated.

3. Members receiving remote healthcare services are obliged to provide the healthcare professional with the requested information about their medical history and health status in an accurate, understandable and detailed manner.

4. In the event that there is a third person who can see and/or hear the conversation with the healthcare professional in the Member’s environment during the remote healthcare service provision, the Member is obliged to notify the healthcare professional of this situation.

• APPLICATION FEATURES  

• The Application allows tracking medical processes such as viewing Doctors, making appointments, communicating with Doctors, making appointments, prescribing medication, integrating medical devices into the system, displaying hospitals and providing access to hospital services, calling an ambulance, providing home health services, sleep patterns, amount of water, medication use, etc.  

• In case of making an appointment with the Doctors, using the ambulance service and purchasing a member package, payment will be received through the Application. These services will not be performed without full and complete payment.

• IntegroHealth will not provide any actual health service to the Member under the Agreement, without prejudice to the services evaluated under the definition of remote health service. Each appointment with the Doctors, whether written, audio, video or through IntegroHealth, shall constitute the exclusive provision of health care by the Doctors. In addition, IntegroHealth may perform the transactions to be performed through the Application within the scope of the Agreement, including ambulance services, prescription writing, or may receive services from third parties, including a health institution, hospital, Doctor and healthcare personnel, as it deems appropriate for the work. 

• CANCELLATION OF APPOINTMENT

• The Member can cancel the appointment created through the App. The following applies to the cancellation process until the appointment date/time: 

• If the Member cancels the appointment up to 24 (twenty-four) hours before the appointment time, the Member will be refunded the entire service fee.  

• If the Member cancels the appointment between 24 (twenty-four) hours and 12 (twelve) hours before the appointment, the Member will be refunded 50% of the service fee.  

• If the Member cancels the appointment between 12 (twelve) hours and 6 (six) hours before the appointment, 25% of the service fee will be refunded to the Member.  

• If the Member cancels the appointment 6 (six) hours or less before the appointment, no refund will be made to the Member.   

•  In any case, appointments created through the Application can be postponed by the BUYER to a different date until the appointment date. IntegroHealth reserves the right to limit the number of postponements to be used for the same appointment.  Doctors reserve the right to cancel the appointment. 

• All payments made by the Member regarding the service will be refunded to the Member in accordance with the payment instrument used by the Member when purchasing and without any cost or obligation to the consumer and in one lump sum. For transactions made by credit card, since the reflection of the service fee to the Member’s accounts after the return of the service fee to the bank by IntegroHealth is a process entirely related to the bank, the Member agrees in advance that it will not be possible for IntegroHealth to intervene and assume any responsibility for possible delays.

• TERMINATION OF THE AGREEMENT

• Either Party may terminate this Agreement unilaterally and without compensation at any time, subject to the Member’s obligations under the Package Sales Agreement, if the Member is a party thereto. In the event of such termination, the Parties shall mutually fully fulfill their rights and obligations arising until the date of termination. The Member understands that he/she may terminate the Agreement by clicking the “Close My Account” button on the My Account Page.

• IntegroHealth has the right to suspend, terminate, sue and prosecute the membership if IntegroHealth determines or has a reasonable suspicion that the Member has violated any of the provisions of this Agreement.

• The Member who violates one or more of the articles listed in this Agreement agrees and undertakes that he/she will be liable for all damages that may arise due to this reason and that he/she will hold IntegroHealth harmless from and indemnify it against all damages, lawsuits, claims and claims that may arise due to this reason.

• PRIVACY AND PROTECTION OF PERSONAL DATA

• IntegroHealth attaches importance to the processing, security and protection of the personal data provided by the Member through the Application in order to benefit from the services offered in the Application in accordance with all kinds of legislation, including the Personal Data Protection Law No. 6698. In this context, IntegroHealth may collect, use, transfer and otherwise process the personal data provided by the Member in accordance with the Law No. 6698 on the Protection of Personal Data. 

1. 1. FORCE MAJEURE

• If an uprising, embargo, state intervention, rebellion, occupation, war, mobilization, strikes, lockouts, labor disputes including work actions or boycotts, cyber-attack, communication problems, infrastructure and internet failures, system improvement or renewal works and failures that may occur for this reason, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other event beyond IntegroHealth’s control, not caused by its fault and not reasonably foreseeable (“Force Majeure“) prevents or delays IntegroHealth’s performance of its obligations under this Agreement, IntegroHealth shall not be liable for, and shall not be considered a breach of this Agreement for, any obligations prevented or delayed as a result of Force Majeure.

• INTELLECTUAL PROPERTY RIGHTS

• The IntegroHealth brand and logo, the design of the Application and the Application, the software, the domain name and all kinds of trademarks, designs, logos, trade dress, slogans and all other content created by IntegroHealth in relation thereto are the property of IntegroHealth with all intellectual property rights. The Member may not use, share, distribute, display, exhibit, reproduce or make derivative works from the intellectual property rights subject to the ownership of IntegroHealth or its affiliates without the permission of IntegroHealth. The Member may not use the whole or part of the Application in another environment without the permission of IntegroHealth. In the event that the Member acts in a manner that infringes the intellectual property rights of third parties or IntegroHealth, the Member shall be liable to indemnify IntegroHealth and/or such third party for all direct and indirect damages and expenses.

• SETTLEMENT OF DISPUTES

• Istanbul Central (Çağlayan) Courts and Enforcement Offices are exclusively authorized to resolve all disputes arising out of or in connection with this Agreement.

• AGREEMENT AMENDMENTS

• IntegroHealth may, at its sole discretion, unilaterally change this Agreement and any policies, terms and conditions contained in the Application at any time it deems appropriate by announcing them in the Application, provided that they are not contrary to the provisions of the applicable legislation. The amended provisions of this Agreement shall become effective on the date they are announced in the Application, and the remaining provisions shall remain in full force and effect. For the avoidance of doubt, this Agreement may not be unilaterally modified by the Member. 

• IntegroHealth reserves the right to change the content, design and software of the Application at any time, to change, stop or terminate any service provided to users, and to delete user information and data stored in the Application at any time and to the extent permitted by law.

• MISCELLANEOUS

• Evidential Agreement. The Member agrees that the official books and commercial records of IntegroHealth and e-archive records, electronic information, electronic correspondence and computer records kept in IntegroHealth’s database, servers, electronic information, electronic correspondence and computer records shall constitute binding, conclusive and exclusive evidence in disputes that may arise from this Agreement and that this article is an evidential agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.

• Notice. IntegroHealth will communicate with the Member via the e-mail address provided by the Member when registering or by making calls and sending SMS to the phone number. The Member is obliged to keep his/her e-mail address and phone number up to date.

• Integrity and Severability of the Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. If any provision of this Agreement is held by any competent court, arbitration tribunal or administrative authority to be invalid or unenforceable or unreasonable in whole or in part, this Agreement shall be deemed severable to the extent of such invalidity, unenforceability or unreasonableness and the other provisions shall remain in full force and effect.

• Assignment of the Agreement. Member may not assign its rights or obligations under this Agreement, in whole or in part, without the prior written consent of IntegroHealth.

• Modification and Waiver. The failure of either party to exercise or enforce any right granted to it in this Agreement shall not constitute a waiver of such right or prevent the subsequent exercise or enforcement of such right.

The Member’s membership registration shall be realized upon the Member’s reading and acceptance of all articles in this Agreement. This Agreement is concluded and entered into force as soon as the Member becomes a member.