Health and Consultancy Services in Cuba
Terms of Use
PLEASE READ ALL OF THE FOLLOWING TERMS CAREFULLY BEFORE YOU START USING OUR WEBSITE.
Your use of our website and mobile application means that you have the right, authority and legal capacity to sign a contract according to the laws and / or legal person representation authority, that you have the title of consumer, that you have approved the Membership Agreement and that you have read, understood, are bound by and accept these Terms of Use ("Terms"). If any of the terms set out in these Terms of Use are not suitable for you, please do not use our website and mobile application. Otherwise, we will not be liable for unauthorized and incompetent use of our website and mobile application.
1. Parties
These terms of use, Yenikoy, Koybasi Cd. No:72, 34464 Sariyer/Istanbul, 34464 Sariyer/Istanbul, Turkey Health and Consultancy Services in Cuba (Mydn Group Sağlık Turizm Tic. Ltd. Şti.) ("Our Company") registered at www.kubadasaglik.net The Company and the user (hereinafter referred to as "user" or "customer") who uses and benefits from our website ("Site") and mobile application. Our Company and the user may be referred to as "Parties" together and separately as "Party".
2. Objective
Our Company operates the Site and mobile application and in this context, it sells to users who want to shop through the Site and mobile application. The subject of these Terms of Use ("Terms") is to regulate the terms and conditions regarding the user's use of the Site and mobile application with or without being a member of the Site and mobile application. Within the scope of these conditions, the user who will benefit from the Site and mobile application belonging to our Company is aware that these Terms will enter into force with the use of the Site and mobile application and that he / she is obliged to act in accordance with the regulations contained in these Terms. The Membership Agreement, Personal Data Protection Clarification Text, Privacy Policy and other documents published on the Site and mobile application constitute an integral part of these Terms and Conditions. With these Terms and Conditions, users are deemed to have committed to comply with these provisions from the moment the Site and mobile application are visited and / or started to be used.
3. Utilization of Services, Obligations and Commitments
3.1. Information such as contact information, order information, payment information shared by users for purposes such as benefiting from products and/or services on the Site and mobile application must belong to the user. Otherwise, the user is solely responsible for the violation of the rights of third parties and / or all damages that our Company may incur, and our Company has no responsibility.
3.2. The information provided by the user is taken as basis in the transactions, notifications, dispatches and/or correspondence to be made by our Company and this information is used.
3.3. Our Company believes that all information provided is correct and acts accordingly. Our Company cannot be held responsible for any errors that may arise from incorrect, inaccurate and untrue information.
3.4. Our Company may unilaterally change these Terms of Use at any time without notice. The amended provisions of these Terms of Use shall take effect and enter into force on the date of their announcement. These Terms of Use cannot be changed by unilateral statements of the user.
3.5. The User accepts, declares and undertakes to make the payment of the products and/or services provided through the Site and mobile application on time and in accordance with the law, otherwise his/her Membership will be terminated without any further notice and to compensate the damages incurred by our Company.
3.6. The User agrees that if he/she violates the obligations he/she has accepted and undertaken with these Terms of Use and/or uses the Site and mobile application illegally, our Company has the right to take necessary interventions, may be prevented from using the Site and mobile application in the future and/or may initiate legal action or proceedings against him/her.
3.7. The user may not engage in erroneous or misleading, misleading, fraudulent behavior.
3.8. The products sold by our Company on the Site and mobile application are offered "AS IS"; in other words, within the framework of their current actual and legal status, and no express or implied warranty is undertaken on the products, including their compatibility with any goods belonging to the user.
3.9. These Terms do not obligate the Parties to purchase goods or services from each other and do not constitute a commitment by the Parties to do so.
3.10. The information on the website and mobile application is not binding for our Company, does not mean that our Company publicly exhibits goods (therefore, it does not constitute a declaration of recommendation), and is of a recommendatory nature.
3.11. The User accepts, declares and undertakes to make the payment of the products and / or services subject to the orders made through the Site and mobile application on time and in accordance with the law, otherwise, to compensate the damage incurred by our Company and / or to file a legal action or proceeding against it.
3.12. The User accepts and undertakes that he/she will not reproduce, copy, distribute, process, use, directly and/or indirectly perform actions that may be considered unfair competition, such as pictures, texts, visual and audio images, files, databases, catalogs and lists on the Site and mobile application.
3.13. All intellectual property rights, all rights and interests, including all financial rights, including all financial rights, including processing, reproduction, dissemination, representation, transmission and retransmission to the public by means of means of sign, sound and / or image transmission, on the Site, mobile application and all elements of the Site and mobile application, including source codes, belong to our Company. It is strictly forbidden to copy the information and/or software used in the design, content and database creation of the Site and mobile application and/or to use the Site and mobile application beyond the use of the Site and mobile application, to reproduce, copy, distribute, distribute, process, transmit to the public by means of means of signal, sound or image transmission and otherwise use the data contained in the Site and mobile application. Within the scope of this Agreement, the user grants a personal, worldwide, free of charge, non-transferable and non-exclusive right of use only to benefit from the services provided through the Site and mobile application. Nothing in this Agreement shall be construed as granting any right, ownership or interest to the User in whole or in part. The User may not in any way copy, modify, reproduce, create derivative works, reverse engineer, reverse compile or otherwise attempt to access the source code of the software running on the Site and mobile application.
3.14. The User may not use the trade name, trademarks, service marks, logos, domain names of our Company and its affiliates in any way.
3.15. The use of the whole or any part of the Site and mobile application for the purpose of disruption, modification, reverse engineering, unauthorized access to the data or software of other users, the use of the Site and mobile application and / or the content or elements on the Site and mobile application in violation of the conditions set out in these Terms of Use is unlawful and our Company reserves the right to claim, sue and pursue any damages and losses that may be incurred.
3.16. Any attempt by users to threaten the security of the Site and mobile application, to prevent the operation of the software of the Site and mobile application or to prevent other users from benefiting from the Site and mobile application, to threaten the general security of the Site and mobile application and/or to take actions that may harm the Site and mobile application and other users; It is strictly forbidden to use or attempt to use software that will prevent the operation of the Site and mobile application and the software used, or to disrupt or disrupt the operation of any software, hardware and servers, to interfere with software codes, to reverse engineer, to organize attacks, to engage or otherwise interfere, to try to access servers.
3.17. The User may not engage in behavior that is harmful to others (e.g. viruses, harassment through stalking, hate speech, advocating violence against others) on the Site and mobile application.
3.18. When it is determined that these terms are violated by the user, when a complaint is received from another user, in the event of a notice of intellectual property infringement or other notice to remove the content, our Company may claim any damages caused by the user.
4. Disclaimer and Limitation of Liability
To the extent permitted by law and unless our Company enters into a different written agreement that supersedes these Terms of Use, our Company shall not be liable to users for any indirect, incidental, special, consequential or punitive damages or any data, opportunities, reputation, profits or revenues (e.g., offensive or disparaging statements, downtime or loss, use of or changes to personal information or content).
Our Company shall not be liable for any direct, indirect, special, incidental, punitive damages arising from the use of the Site and mobile application, including but not limited to interruption of access to the Site and mobile application and transactions carried out through the Site and mobile application, loss of data, loss of profit, loss of goodwill and reputation.
5. Intellectual Property
5.1. All rights (intellectual and or industrial property rights, etc.) of the software, visuals and designs, writings, logos, graphics, brands, and all other elements contained in the website or mobile application belong to our Company. It is strictly forbidden to copy the information and/or software used in the design, content and database creation of the Platform and/or to use it beyond the use of the Platform, to copy, distribute, process and otherwise use all kinds of pictures, texts, images, files, etc. within the Platform.
5.2. The user accepts, declares and undertakes that the user is solely responsible for any damages that may occur before other users or third parties and / or our Company due to the user's behavior / actions that constitute a violation of intellectual and / or industrial rights.
6. Termination
6.1. The user may stop using the Site or mobile application at any time if any of the terms or conditions specified in these terms of use are not suitable for the user. Our Company may modify, suspend, immediately terminate or discontinue some or all services, access to the Site without prior notice. The user agrees that he/she shall not claim / cannot claim any damages arising from this reason.
6.2. In case of legal obligation or in other cases deemed necessary, our Company may provide the information declared by the user through various forms for the purposes specified in the Clarification Text and information that is not personal data to official or private institutions or third parties specified for the protection of personal data. The user agrees that for this reason, he/she cannot claim compensation from our Company under any name whatsoever.
7. Disputes
Any disputes that may arise between the parties shall be resolved primarily by settlement. The parties accept and declare that Istanbul (Çağlayan) Courts and Enforcement Directorates are authorized in case of failure to reach a settlement. In case of a duly requested information and document request from judicial or investigation authorities, our Company may share the requested information, documents and records with these authorities.
8. Force Majeure
In all cases deemed to be legally force majeure, our Company shall not be liable for any compensation in case of late performance, incomplete performance or non-performance. Events that our Company cannot prevent despite due diligence, including but not limited to natural disasters, strike, lockout, general epidemic disease, war, declaration of partial or general mobilization, decisions or actions or transactions of official authorities that delay or make it impossible for our Company to fulfill its obligations, bad weather conditions, infrastructure and internet failures, improvement or renewal works related to the system and all kinds of failures, power outages that may occur for this reason are accepted as force majeure events.
9. Enforcement and Acceptance
These Terms of Use and any changes and/or updates to these Terms of Use shall be deemed to have been accepted by the User as of the User's commencement of use of the Site or mobile application and shall enter into force and be effective as of the date of publication on the Site and mobile application.