Anonim Şirketi (Diştedavim) operating at the address of Nidakule Ataşehir Batı
Blok No: 1 Interior Door No: 2 Ataşehir / Istanbul. In this Agreement, the User
and Dental Treatment will be referred to separately as the "Party"
and together as the "Parties".
The User accepts and declares that he/she has read all
the terms and conditions in this Agreement, fully understands its content and
approves all its provisions electronically, by becoming a member/accessing the
Platform, regardless of whether he/she benefits from the Services. This
Agreement has been created for the purpose of regulating the issues that are
not found in other texts prepared for the use of the Platform with the Users,
especially the terms and conditions that must be complied with in any case
while the Services are provided or even if the Services are not provided.
Within the scope of this Agreement;
Individual User; The person who benefits from the
Services by accessing the Platform other than the Clinic and the Supplier,
Platform, approved by the Users, detailing how and for what purpose the Users'
data is processed and the privacy policies of Diştedavim,
Services: All kinds of services offered by Diştedavim
to Users under this Agreement through the Platform,
Clinic: Health institutions registered to the Platform, defined in accordance with Article 4 of the Regulation on Private Healthcare Institutions Providing Oral and Dental Health Services,
Clinic Services: Services related to dental health and care to be provided to Individual Users within the scope of the relevant legislation, especially the contract to be concluded by the clinics with Individual Users and the Law No. ,
User: Individual User, Clinic and Supplier individually or together,
Platform: www.distedavim.com and/or Diştedavim mobile application owned by Diştedavim,
Supplier: The person who will sell Products to other Users through the Platform,
Products: Products to be sold by the Supplier to other Users on the Platform within the scope of the Supplier Agreement,
2. SUBJECT AND SCOPE
2.2. The User must accept this Agreement in order to access the Platform and benefit from the Services offered by Diştedavim. In case of violation of this Agreement, Diştedavim may prevent the User from accessing the Platform.
2.3.The platform constitutes a whole with all its sub-components and domain names and all services such as http, https, ftp, dns, database, mobile, IOS, Android, e-mail, API and similar services and the document uploaded by Diştedavim on the application, photos, videos and any similar files are subject to the provisions of this Agreement, regardless of where they are physically hosted.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1.Platform was established by Diştedavim in order to facilitate communication between Users by providing digital media. Diştedadim does not act as an intermediary or advertising for any Clinic that accesses/is a member of the Platform, and only provides the necessary technical infrastructure for communication between Users. Any announcement, notification, correspondence and any similar information that may be made to Users under this Agreement by any element on the Platform or by Diştedadim, shall mean that Users are directed to a particular Clinic or suggest a particular Clinical Service or online dentistry. cannot be interpreted as providing/offering the service. The relations to be established between the Users through the Platform are at the sole discretion of the Users, and Diştedavim does not give any advice or guidance in this regard.
3.3. Clinics register and publish on the Platform the information they want other Users to be able to access on the Platform, such as the name and address of the Clinic, the offered Clinic Services, the dentists within it. Users can view the Clinics and access the information published by the Clinics pursuant to this provision by filtering time and place from the search engine in the Platform interface. Individual Users may contact the Clinic they find suitable to receive the Clinical Service as a result of the search, for the purpose of making an appointment via the Platform. Diştedavim does not have the discretion on matters such as the scope and conditions of the Clinic Services, appointment dates and times, appointment and treatment fees, and the technical infrastructure for the publication of this information only by the Clinics and for Individual Users to view this information and contact the Clinics at its own discretion. provides support. Individual Users cannot make any demands from Diştedavim regarding the information provided by the Clinics, the terms of service determined and the changes.
3.4.Individual User will be able to have an online conversation with the dentist working in the Clinic, which he/she has selected via the Platform. The online interview with the Clinic is only a consultation to the Clinic and will not constitute any diagnosis, diagnosis or treatment. In the event that the online interview carries any diagnosis, diagnosis or treatment nature, Diştedavim does not have any direct or indirect responsibility. As a matter of fact, Diştedavim has no obligation or opportunity to control the content of the online meeting and to interfere with the activities of the Clinics. Dentist's right of recourse regarding this is reserved.
3.5. The online meeting of the Clinic and the Individual User will be carried out through the online meeting opportunities provided by the platforms that offer the opportunity of video calling in the online environment. Dentist can not access the content of the online interview, and does not make any guarantees or commitments regarding the content of the conversation. At the meeting place
In case of violation of any legislation pursuant to the Law on the Protection of Personal Data No. 6698 and other legislation, Diştedavim has no direct or indirect responsibility. Dentist's right of recourse regarding this is reserved.
3.6. The Services offered on the Platform are not in any way a direct diagnosis, examination, diagnosis or treatment purpose or recommendation or a drug/supplement. Dentistry does not in any way recommend a Clinic to any Individual User. The platform only enables Clinics to communicate with potential patients and provides the necessary technological infrastructure. Dentistry is not a party to the relationship between the Clinic and Individual Users and does not take any role in the provision of Clinical Services. In this context, Individual Users or Clinics cannot apply to Diştedavim with the claim that the other party does not fulfill its obligations within the scope of the legal relationship between them and the provision of Clinical Services, and acts in violation of the legislation or the contract between them. For the same reason, Dentistry does not in any way supervise, control or interfere with the Clinical Services, or make any warranties about them.
3.7. The Supplier may sell Products from the Platform to other Users in accordance with the provisions of this Agreement and the Supplier Agreement, within the scope of the Supplier Agreement it has concluded with Diştedavim. Other Users may view and purchase Products offered for sale on the Platform. Since Dentistry is not a party to the sales contract between the Supplier and the buyer User, no liability arising from the relevant sales contract can be attributed to it.
3.8.This Agreement is only between the Company and the Users and is independent of any other texts concluded between the Users and/or third parties. Any legal or commercial relationship between users is outside the scope of this Agreement, and Diştedavim is not responsible in any way for any debts, commitments and obligations arising from the relationship and/or contracts between the said persons.
3.9. The User, while benefiting from the Services offered on the Platform and performing any transactions related to the Services on the Platform, must comply with all the conditions in this Agreement and other agreements that he has or will conclude with Diştedavim, and the rules specified in the relevant parts of the Platform. and to act in accordance with all applicable legislation and not to engage in any illegal activity. By visiting or using the Platform, the User accepts, declares and undertakes that he has read, understood and approved all the terms and rules regarding the use of the Platform.
3.10. The User is obliged to carry out the transactions on the Platform in a way that does not technically harm the Platform in any way. All information, content, material and other content to be provided to the Platform by the user, any program, virus, software, unlicensed product, trojan horse, etc. that will harm the system. declares and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent
3.11. The User accepts, declares and undertakes that the information provided by him within the Platform is correct and in accordance with the law. Diştedavim has no obligation to investigate the accuracy of the information transmitted to it by the User or uploaded, changed or provided by the User through the Platform, and to undertake and guarantee that this information is safe, correct and legal. For this reason, the User, who provides, changes or transmits the information, is solely responsible for all damages that may arise or may arise due to the incorrect, illegal or erroneous information in question. Dentist's right of recourse is reserved in accordance with the relevant legislation.
3.12. When users visit and/or use the Platform; It accepts, declares and undertakes that it will not take any actions that are against the law and morality listed below, including but not limited to these, or that are likely to damage the use of the Services. Diştedavim does not warrant the continuity, quality, accuracy, uninterrupted, error-free or virus-free or other harmful components or defects of the Services it offers. Diştedavim does not have any responsibility and/or indemnity liability for damages arising from a possible violation within the scope of this article.
-Violating this Agreement and other contractual provisions to be concluded within the scope of the Platform,
-To act in violation of the provisions of the current legislation and the regulations regarding the use of the internet,
-To provide incomplete, incorrect and misleading information during registration/membership to the Platform,
- Not providing up-to-date and accurate information about himself, using information belonging to another person that has been obtained unlawfully,
-To obtain or attempt to obtain the information of the Users illegally,
-Creating more than one account with information and/or documents (real or fictitious) that do not belong to them and/or using the Platform by changing/hiding their IP address or in a way that misleads Diştedavim and the Users about their own identity,
- To unlawfully change, use or try to change and use the information published by my company,
-Violating the personality and intellectual property rights of Dentist and/or a third party,
- Upload, share, post any content that is unlawful, obscene, infringing on the privacy of others, pornographic, contains or depicts nudity,
-To take actions that damage the reputation of the company and / or a third party or prevent the activities of the company,
- To transmit illegal information and/or to share harmful data such as chain mail, software virus,
- Making unlawful and/or unethical sharing that violates the rights of third parties, constitutes unfair competition, but is not limited to those listed,
- Engaging in behaviors and activities that will adversely affect/prevent the operation of the Platform, engage in behaviors that will manipulate the operation of the Platform, prevent security systems, and
-Making the Platform unusable by preparing automatic programs or attempting to do so.
3.13. In the event that the following conditions and conditions regarding the Platform occur, Diştedadim is not liable and/or indemnified:
-The User does not make the necessary updates of the Platform in a timely and / or correct manner and therefore, direct and / or indirect damage occurs,
-The User's use of the Platform for an unlawful purpose and therefore, direct and/or indirect damage occurs,
-Direct and/or indirect damages that may occur as a result of performance loss, deficiencies, errors, interruptions, internet data package expenditures, computer viruses, line and/or system failures that may occur during or after the use of the Platform,
-Direct and/or indirect damages occur due to deactivation or incorrect installation of the Platform.
3.14. The user is legally entitled to any data, information or content he/she uses, that he/she is legally authorized to use the right and dispose of it, and that their use does not violate copyrights, the Law on the Protection of Personal Data or all relevant laws, and that any person or person accepts, declares and undertakes that it does not harm. The user agrees, declares and undertakes to indemnify all kinds of damages that both Diştedavim and third parties may suffer due to the fact that he does not have a legal right on any data, information or content he/she uses.
3.15.Users declare and undertake that they are of age and not limited according to the laws of the Republic of Turkey. Even if minors and/or restricted persons have completed their registration and/or are using the Platform or the Services, they cannot benefit from the rights and authorizations provided by being a User. Demands and actions to the contrary are not under the responsibility of Diştedavim. Membership of the User who is under the age of 18 or who is found to be inconsistent in the information provided will be cancelled. Diştedavim does not have any responsibility for the wrong statement given by the user.
3.16. There may be interruptions in the communication between the Platform and the User due to any error, negligence, interruption, deletion, corruption, delay in transmission or communication network failure, for any reason not caused by the Company (infrastructural and/or hardware reasons, etc.). Diştedavim cannot be held responsible for the problems experienced by the User due to interruptions in communication and access to the Platform due to these interruptions.
3.17. Every transaction performed with the User's means of accessing the Platform (password, etc.) will be deemed to have been carried out by the User himself. The User is solely responsible for the security, storage, keeping away from the information of third parties and use of the means of accessing the system (e-mail address, password, etc.) used by the User in order to benefit from the Services offered through the Platform. All kinds of damages and losses and claims from third parties that may arise due to the User's violation of the confidentiality of account information, security, storage, keeping away from the information of third parties, use of the means of access to the system, etc., are the sole responsibility of the User and Diştedavim is not responsible for this reason. she does not accept. The User, who is aware of or is expected to be reasonably aware of, and/or any unauthorized access to the Platform and/or Services without his consent, and/or any violation of the confidentiality of the access ways to the membership account, and any suspicion of violation, immediately to Diştedavim. responsible for reporting. Dentistry is not responsible for any damage or loss, especially data loss or data corruption that may occur as a result of the violation of this article of the Agreement by the User.
4. PRIVACY AND PROTECTION OF PERSONAL DATA
4.2. In the event that the User adds personal data belonging to any third party to the Platform while using the Services, he/she is obliged to provide the necessary information to the relevant persons regarding the personal data processed and to obtain their express consent if necessary within the scope of the relevant legislation; In this context, he accepts and undertakes that in order for Dentistry to be able to provide the Services under this Agreement, the relevant persons have been informed within the necessary limits and their express consent has been obtained. My dentist cannot be held responsible for the incomplete use and/or inability to use the Services under this Agreement due to the User's failure to fulfill its obligations regarding personal data, and will not be liable for any damages that may arise due to failure to fulfill these obligations.
5. INTELLECTUAL PROPERTY RIGHTS
5.1.The User accepts that the Platform belongs to and is operated by Diştedavim. The content of the Platform is protected under the Law No. 5846 on Intellectual and Artistic Works. As a rule, Diştedavim is the exclusive right holder of any software, design, source code, objective code, directory, visual or content on the platform. The user accepts, declares and undertakes not to violate any intellectual and industrial property rights of Diştedavim on the Platform. Users agree that they will not reproduce, copy, distribute or process the advertisements, pictures, texts, audiovisual images, files, databases, catalogs and lists within the Platform that may infringe the real or personal rights and property of Diştedavim and/or another third party. and commits.
5.2.Diştedavim, for the provision of the Services under this Agreement, the products and/or services, projects, documents, images, texts, bulletins, slogans, videos, designs, know-how and all kinds of commercial information, illustrations, database, any data related to system flow, all kinds of logos, emblems and data, ideas, trademarks and commercial appearances of Diştedavim and/or business partners, flows, They are the sole owners of source codes, researches, codes, techniques, statistics and all intellectual rights related to their financial and moral rights, and all rights arising from the Law No. 5846 on Intellectual and Artistic Works and the legislation regarding these contents are exclusively owned.
5.3. The User shall not reverse engineer the Platform or take any other action to find, obtain or copy the source code of the Platform, violate the security of any computer network, crack security encryption codes, SPAM mail or malicious software. It accepts, declares and undertakes that it will not attempt to do so, otherwise it will be liable for all kinds of damages that may arise before Diştedavim and third parties.
6. TERM AND TERMINATION OF THE AGREEMENT
6.1.This Agreement will enter into force as soon as it is approved electronically by the User; Each User shall be bound by the provisions of this Agreement indefinitely, unless terminated as stipulated in this Agreement. Users are obliged to fulfill their rights and debts arising until the expiration date of the Agreement, even after the Agreement is terminated.
6.2.In the event that the User violates his obligations set forth in this Agreement, or is found to have acted against the law or morality, Diştedadim shall terminate this Agreement without notice and without compensation, suspend and/or terminate access to the Platform for a period of time or indefinitely. , has the right to temporarily or permanently prevent the User from benefiting from the Platform and the Services. The User is responsible for all direct and indirect damages arising/to arise from such a violation, and Diştedavim's rights arising from the legislation and its right of recourse are reserved.
6.3.Diştedadim may terminate this Agreement and/or the Services at any time without any justification or notification, without any obligation to pay compensation and with immediate effect, regardless of the User's contrary acts, and prompt the User to visit the Platform. may restrict the User's use of the Platform and the Services, or terminate their use of the Services. Dentist may, at any time, temporarily suspend or completely stop the operation of the Platform, without giving any reason. Diştedavim will not have any responsibility for the temporary suspension or complete termination of the use of the Platform.
7. OTHER PROVISIONS
7.1. This Agreement and its annexes can be changed at any time, at its own discretion, by unilaterally publishing it on the Platform by any method and/or by informing the User through the User's contact information on the Platform. Changes will be effective on the date of publication and/or notification. The user is obliged to follow these changes and updates; It is assumed that the User accepts these changes by posting and/or notifying the changes and continuing to use the Platform by approving this change.
7.2. The User may not transfer this Agreement, its annexes or its rights and obligations under this Agreement, in whole or in part, to any third party without the prior written consent of Diştedavim.
7.3. Within the scope of this Agreement, natural disasters, war, civil war, mobilization, strike, fire, pandemic (epidemic), explosion, uprising, terrorism, cyber attack, long-term and general power outage, internet outages, computer viruses, legislative change Incidents, including, but not limited to, that occur outside of the control of Diştedavim, which are not prevented and unforeseeable despite due diligence, that partially or completely abolish the performance of the obligations arising from the Contract, are considered force majeure. In all cases listed in this article and not included in this article, but which may be considered force majeure in law, Diştedadim is not responsible for late or incomplete performance or non-performance of any of its acts specified in this Agreement. In cases of force majeure; delay, incomplete performance or non-performance or default shall not be deemed as or compensation under any name by the User for these cases. In the event that the force majeure situation lasts longer than 30 (thirty) days, Diştedatim may terminate this Agreement unilaterally without any obligation to pay any compensation.
7.4. Turkish Law will be applied in the implementation, interpretation and management of legal relations arising within the provisions of this Agreement. Istanbul Çağlayan Courts and Enforcement Offices are authorized in the settlement of any dispute arising or to arise from this Agreement.
7.5. All kinds of electronic or physical records and documents kept by Diştedavin shall constitute valid, binding and conclusive evidence in any dispute that may arise from this Agreement and its annexes. The user accepts, declares and undertakes that this article is in the nature of an evidential contract within the meaning of article 193 of the Code of Civil Procedure No. 6100.
7.6. The User declares and accepts that the address provided to Diştedavim is the notification address in accordance with the Notification Law. If the address change to be made is not notified to Diştedavim by the User within 3 (three) business days, the notifications made to the address known by Diştedavim will be considered legally valid. Within the scope of this Agreement, Article 18/3 of the Turkish Commercial Code. In cases where there is no need for a notification within the meaning of the article, other notifications and warnings regarding the Agreement will be made to the e-mail address that the User has notified to Diştedavim while accessing the Platform. All kinds of notifications and warnings to be made by the user to Diştedavim can be sent to Diştedavim's [[email protected]] e-mail address.
7.7. The User accepts that he/she knows that he/she cannot gain the representative, official, agent, commercial representative, partner, solution or business partner, dealer and similar titles and statuses of Diştedavim with this Agreement, and in all his documents, brochures and announcements, internet access, against himself and third parties. site, among its references can not make such a statement.
8.COMMERCIAL ELECTRONIC MESSAGE
8.1. To present and provide information about the campaigns, advantages, promotions, promotions, advertisements, surveys, researches and other customer satisfaction applications carried out by Diştedavim through the User's contact information, including the mobile phone number and e-mail address shared by the User. may contact the User for any purpose, including
8.2. If the user has given his consent to be contacted within this scope, if he no longer wants to be contacted, he can use the opportunity to refuse to receive commercial electronic messages at any time, free of charge, by contacting Diştedavim via the [[email protected]] e-mail address of Diştedavim. . The use of the right of refusal does not prevent the notifications that are required to be sent in accordance with the provisions of the relevant legislation to which Diştedavim is subject.