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  1. These Terms & Conditions (“Terms”) are between you and Flymedi (“Flymedi”). These Terms govern your access to and use of our Flymedi services and our websites (collectively the “Services”), and any health data uploaded, downloaded or appearing on the Services (collectively referred to as “Data”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

  1. Flymedi is a service platform which purpose is the provision of a marketplace for medical service providers including but not limited to hospitals and clinics (“Providers”). The Providers themselves are responsible of the mentioned services. Flymedi still act only as a marketplace.

  1. Flymedi does not provide medical services itself. The information provided on Flymedi’s website including the information provided by the Providers and other third parties cannot replace a medical consultation or a medical examination and shall not be used to independently decide whether to commence or terminate a medical treatment.

  1. Flymedi does not refer the user or other patients to specific Providers but only provides information about Providers based on the user’s needs, i.e. time frame of availability, geographic area, medical needs, etc. Thus, the user will not be allocated to any Provider but will instead be provided with a list of Providers (including the name, address, specialization, etc.) of which the user can choose one and book an appointment with.

  1. You are responsible for your use of the Services, for any Data you submit, share or upload to the Services, and for any consequences thereof. The Data you submit, post, or display will not be able to be viewed by other users of the Services and through third party services and websites. You may use the Services only if you can form a binding contract with Flymedi and are not a person barred from receiving services under the laws of Turkey or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, national, and international laws, rules and regulations.

  1. You may not use the Services to provide customer service, support or other outsourced business process services to more than one third party (other than Affiliates) through a single account. Without limiting the foregoing, your right to access and use the API is also subject to the restrictions and policies implemented by Flymedi from time to time with respect to the API as set forth below or otherwise communicated to you in writing.

  1. The Services that Flymedi provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, Flymedi may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

  1. You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Flymedi account. Flymedi cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

  1. All Data transmitted, is the sole responsibility of the person who originated such Data. We may, but are not required to monitor or control the Data submited to the Services and we cannot take responsibility for such Data. Any use or reliance on any Data or materials submited to the Services or obtained by you through the Services is at your own risk.

  1. You are responsible for your use of the Services, for any Data you provide, and for any consequences thereof, including the use of your Data by other users and our third party partners. We guarantee you that your Data will be syndicated, broadcast, distributed, or published by our partners and if you do have the right to submit Data for such use. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Data that you submit. You also represent and warrant that neither your Data, nor your use and provision of your Data to be made available through the Services, nor any use of your Data by Flymedi on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  1. A high speed internet connection is required for proper transmission of the Services. You are responsible for procuring and maintaining the network connections that connect your network to the Services, including, but not limited to, "browser" software that supports protocols used by Flymedi, including the Transport Layer Security (TLS) protocol or other protocols accepted by Flymedi, and to follow procedures for accessing services that support such protocols. Flymedi is not responsible for notifying you or agents of any upgrades, fixes or enhancements to any such software or for any compromise of data, including service data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by Flymedi. We assume no responsibility for the reliability or performance of any connections as described here.

  1. You are responsible for compliance with the provisions of these Terms by agents and for any and all activities that occur under your account, as well as for all Data. Without limiting the foregoing, you are solely responsible for ensuring that use of the Services to store and transmit Data is compliant with all applicable laws and regulations as well as any and all privacy policies, agreements or other obligations you may maintain or enter into with agents. You also maintain all responsibility for determining whether the Services or the information generated thereby is accurate or sufficient for your purposes.

 

  1. The Services are protected by copyright, trademark, and other laws of both Turkey and foreign countries. Flymedi reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding Flymedi, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

  1. The Services are available to individuals who are 18 years or older. The user is entitled of using Services on behalf of a third person below the age of 18, and shall inform Flymedi of any activity performed on behalf of the afford-mentioned third person.

  1. Flymedi discloses details and information on Providers based on data, either provided by the Providers or collected and curated from online and offline information from a variety of sources. Although Flymedi uses reasonable skill and care in performing the Services it will not verify if, and cannot guarantee that, all information provided is accurate, complete or correct, nor can Flymedi be held responsible for any errors (including manifest and typographical errors), inaccurate, misleading or untrue information provided by the Providers or non-delivery of information by the Providers. The website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any Provider.

  1. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Flymedi, its users and the public. Flymedi disclose personally identifying information to third parties, Providers except in accordance with our Privacy Policy.

  1. You may not do any of the following while accessing or using the Services:

  • access, tamper with, or use non-public areas of the Services, Flymedi's computer systems, or the technical delivery systems of Flymedi providers;

  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

  • access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Flymedi (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Flymedi (NOTE: scraping the Services without the prior consent of Flymedi is expressly prohibited);

  • forge any TCP/IP packet header or any part of the header information in any email or submiting, or in any way use the Services to send altered, deceptive or false source-identifying information;

  • interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Data in such a manner as to interfere with or create an undue burden on the Services.

  • use, display, mirror or frame the Services or any individual element within the Services, Flymedi’s name, any Flymedi trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Flymedi’s express written consent;

  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Flymedi or any of Flymedi’s providers or any other third party (including another user) to protect the Services or Data;

  • attempt to access or search the Services or Data or download Data from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Flymedi or other generally available third-party web browsers;

  • send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

  • use any meta tags or other hidden text or metadata utilizing a Flymedi trademark, logo URL or product name without Flymedi’s express written consent;

  • use the Services or Data, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Data;

  • interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  • collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

  • violate any applicable law or regulation; or

  • encourage or enable any other individual to do any of the foregoing.

  1. In addition to complying with the other terms, conditions and restrictions set forth below in these Terms, You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than authorized agents in furtherance of your internal business purposes as expressly permitted by these Terms; (b) use the Servics to process Data on behalf of any third party other than agents; (c) modify, adapt, or hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks; (d) falsely imply any sponsorship or association with Flymedi, (e) use the Services in any unlawful manner, including but not limited to violation of any person’s privacy rights; (f) use the Services to send unsolicited or unauthorized bulk mail, junk mail, spam, pyramid schemes or other forms of duplicative or unsolicited messages; (g) use the Services to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (h) use the Services in any manner that interferes with or disrupts the integrity or performance of the Services and its components; (i) attempt to decipher, decompile, reverse engineer or otherwise discover the source code for making up the Service; (j) use the Services to knowingly post, transmit, upload, link to, send or store any data that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (k) use the Services to store or transmit any “protected health information”; (l) use the Services to knowingly post transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; or (m) attempt to use, or use the Servicesx in violation of these Terms.

  1. It is Flymedi’s policy to terminate in appropriate circumstances uers who repeatedly infringe or are believed to be repeatedly infringing the rights of data owner.

  1. The Terms will continue to apply until terminated by either you or Flymedi as follows.

You may end your legal agreement with Flymedi at any time for any reason by deactivating your accounts and discontinuing your use of the Services.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the unterminated sections.

Nothing in this section shall affect Flymedi's rights to change, limit or stop the provision of the Services without prior notice, as provided above.

  1. Flymedi channels and thereby facilitates the communication between the user and Providers. In particular, Flymedi provides different forms the user may use in order to enquire about the Provider’s medical services. Should the user and the Provider decide to conclude a contract, Flymedi is not involved in the contractual relationship between the user and the Provider and also in no way influences the conclusion or the content of the contract. Flymedi does not assume any rights, obligations or liabilities vis-a-vis the user out of a contract concluded between a Provider (or another third party) and the user.

  1. You will indemnify and hold harmless Flymedi and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Data, (ii) your Data, or (iii) your violation of these Terms.

  1. Please read this section carefully since it limits the liability of Flymedi and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Flymedi Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the Datas of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

  1. By using Services, Flymedi cannot be deemed to be engaged in the practice of medicine. The use of the site does not establish a doctor-patient relationship. The visitor/user should not solicit or rely upon any representations or recommendations of any officers of Flymedi with regard to any medical issue.

  1. While Flymedi has no reason to believe that there are inaccuracies or defects in any of the information published on the website, it makes no representations or warranties, express or implied, including but not limited to the fitness of the information for any purpose whatsoever. The Service is provided on an “as is” or “as available basis” and the visitor/user uses the same entirely at his/her own risk. In providing the information to visitor/user, no contractual obligation is or has been constituted between the visitor/user and Flymedi and no duty of care is owed to the former. If any court of competent jurisdiction rules that Flymedi owes a duty of care to the visitor/user, Flymedi will not be liable for any direct or indirect consequences, loss, damages or injury arising from use of this information, unless there is a direct negligence or fault on the part of Flymedi.

  1. The information on the site should not be used as a basis for diagnosis, choice of treatment or choice of medical practitioner. By operating the Services, Flymedi cannot be deemed to be engaged in the practice of medicine, nor is the information herein presented intended to supplant medical advice from a qualified medical practitioner. The Services are intended as a database only, which may enable its visitors/users to conduct their due diligence investigations and research into the health care and medical services providers mentioned herein. The visitor/user should not solicit or rely upon any representations or recommendations from any officers of Flymedi.

  1. Your access to and use of the Services or any Data is at your own risk. without limiting the foregoing, Flymedi entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.

  1. Flymedi Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Data; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Data; (iii) the deletion of, or the failure to store or to transmit, any Data and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Flymedi Entities or through the Services, will create any warranty not expressly made herein.

  1. The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Data, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Flymedi Entities of such websites or resources or the Data, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

  1. To the maximum extent permitted by applicable law, the Flymedi entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or Data of any third party on the services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (iii) any Data obtained from the services; or (iv) unauthorized access, use or alteration of your transmissions or Data.

  1. The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Flymedi entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of ıts essential purpose.

  1. In addition to our rights as set forth above, Flymedi reserves the right, in Flymedi’s reasonable discretion, to temporarily suspend your access to and use of the Services:  (a) as necessary for upgrades and maintenance to the Services; (b) during any unavailability caused by circumstances beyond our reasonable control, such as, but not limited to, acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our reasonable control (including, without limitation, inability to access the Internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks; or (c) if we suspect or detect any malicious software connected to your account or use of the Services by you or agents.

  1. Governing Law: These Terms and any action related thereto will be governed by the laws of Turkey without regard to its conflict of laws provisions.

  1. Dispute Resolution: You agree that all Disputes will be resolved exclusively by a court and execution Office located in İstanbul, Turkey.

  1. The failure of Flymedi to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without Flymedi’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Flymedi may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

  1. Any notices or other communications provided by Flymedi under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by submiting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

  1. These Terms and our Privacy Policy are the entire and exclusive agreement between Flymedi and you regarding the Services (excluding any services for which you have a separate agreement with Flymedi that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Flymedi and you regarding the Services and Data.

  1. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

These Services are operated and provided by Flymedi. If you have any questions about these Terms, please contact us.