1.1. The website with the domain name www.wupdoc.com, operated by Wupdoc ("Wupdoc"), is established to bring together Health clinics and/or Providers serving worldwide on a platform, compare them, and offer you the opportunity to connect with the listed Health clinics and/or Providers. This User Agreement (“Agreement”) contains the terms and details related to using Wupdoc as a User. This Agreement regulates the conditions that the User must comply with from the moment they wish to register to benefit from the Wupdoc platform.
1.2. Wupdoc is a company located at Sloterweg 303 1171 VC Badhoevedorp, Amsterdam, Netherlands, with a tax identification number of 865127761. Services on Wupdoc are of a directory nature and do not replace medical advice for Users.
1.3. This Agreement regulates the legal relationship between Wupdoc and the User only in relation to the use of the Wupdoc Platform. The contract between the Clinic and/or Provider and the User will be regulated within the scope of the Distance Service Contract concluded between the parties.
2.1. Unless expressly stated otherwise, the terms mentioned in this Agreement should be understood as defined below:
Wupdoc: Refers to the website where Wupdoc offers health tourism services with the domain name www.wupdoc.com.
Service Provider: Refers to real and legal persons who provide the opportunity to conclude a contract for users to procure products or services in an electronic environment.
Blog: Refers to the area within the Wupdoc Platform where content on various topics is published by Wupdoc.
Device: Refers to electronic devices, preferably with video calling and talking features, capable of running major current internet browsers, such as computers, tablets, smartphones, etc.
Service: Refers to services purchased by paying the agreed price according to the contract concluded between the Clinic and/or Provider and the User, which are not prohibited by legislation and the provisions of this agreement.
User: Refers to all real or legal persons who access Wupdoc.
Visitor: Refers to person(s) who can navigate Wupdoc without becoming a member but cannot connect with members on the Platform, cannot express opinions, and do not have User status.
Consultant: Refers to anyone who seeks help from experts providing services in the health field to solve any problem, meaning a patient.
Content: Refers to all kinds of visual, textual, and auditory images accessible, such as information, text, files, images, videos, figures, etc., published on Wupdoc.
Clinic/Hospital: Refers to health institutions providing services in at least 2 specialty fields of medical services.
Provider: Refers to real and legal persons providing services in the health field and having expertise in at least one area.
GDPR: Refers to a regulation in European Union law for data protection and privacy for all individuals within the European and European Economic Area. It means the European Union General Data Protection Regulation.
Personal Data: Refers to any information relating to an identified or identifiable natural person under the 2003 Data Protection Laws and the EU General Data Protection Regulation GDPR 2018 ("DP Laws").
3.1. This Agreement regulates the mutual rights and obligations of Wupdoc and the User. This Agreement must be read before accessing the Wupdoc Platform by the Health User and before any transaction is performed on Wupdoc, even before becoming a member of the Platform.
3.2. If some or all of the conditions regulated in the Agreement are not accepted by the User, the use of the Wupdoc Platform should be terminated immediately, no membership should be made to the Platform, and/or no transaction should be performed on the Platform as a User. If the User accesses the Platform or performs transactions on the Platform, it will be understood that they have accepted and approved the terms written in this Agreement.
3.3. Wupdoc reserves the right to update and change the Platform and this Agreement. Updates and changes that may be made from time to time regarding the User on the Platform will be evaluated within the scope of this Agreement, and continuing to use the Platform and/or benefit from the opportunities within the Platform will mean that the updates have been accepted by the User.
3.4. Real and legal persons from all over the world can become members of the Platform. If membership is made without meeting the membership conditions, Wupdoc is not obliged to confirm this, and the User will be solely responsible for any damages that may arise in this case.
3.5. If Wupdoc makes any changes to this Agreement, the updated Agreement will be published on the Platform and will be valid from the moment it is published with its favorable articles, and current and subsequent Users will be subject to the updated terms. Separate and explicit approval will be obtained from the User for possible changes to be made against the User.
4.1. Wupdoc; is a platform that allows the Visitor to compare Clinics and/or Providers within the Platform, connect with them to purchase the services provided by them, and includes treatment methods, videos and photos, blog posts, providing recognition. In this context, Wupdoc; is not a party, guarantor, or guarantor of the contracts to be established between the Clinic and/or Provider and the User in any way and is a service provider that strives to provide the services offered through this Platform in the best way. No action and transaction offered through Wupdoc can be interpreted as Wupdoc being a party to the service contract, having any responsibility, or providing services to Users other than those specified in this Agreement.
4.2. The scope of content and services provided through the Wupdoc Platform varies for Visitor and User:
The Visitor in the Wupdoc Platform;
• Can navigate,
• Can view blog content,
• Can examine and view service branches and treatments,
• Can view comments and evaluations related to the experiences of Users who have previously purchased treatment from health service providers on the Platform,
• Can become a member of the Platform.
The User in the Wupdoc Platform;
• Can perform all transactions that the Visitor can perform,
• Can personalize their profile by logging into their account after completing the membership transactions,
• Can add video, photo, etc., content of the Clinics and/or Providers they like to their favorites,
• Can communicate with the Clinic and/or Provider on Wupdoc via the Platform and get a price quote,
• Can add evaluation and comment to the Clinic and/or Provider's page,
• Can file a complaint about the Clinic and/or Provider.
4.3. The User, who wants to benefit from the opportunities offered within the Wupdoc Platform, is obliged to fill in the membership form on the Platform and send the following information to the Wupdoc Platform by accepting this Agreement electronically;
4.3.1. Name and surname,
4.3.2. Email address,
4.3.3. Phone number,
4.3.5. User password
4.4. The User knows that the phone number and/or email address information shared with Wupdoc during the membership transactions must be correct and up-to-date; Wupdoc may send a verification SMS and/or email to the phone number to confirm that the phone number and/or email address information is correct and up-to-date during the approval and access phase.
4.5. The User is solely responsible for ensuring that the information requested during membership creation is correct, complete, and up-to-date; in case of changes in this information, the User is obliged to perform the necessary notifications on the Platform as a Member. The User cannot make any claims from Wupdoc if they cannot use the Wupdoc Platform properly, encounter data deletion, and/or suffer material and moral damage due to the information provided being incomplete and/or incorrect or not up-to-date. Wupdoc has the right to temporarily suspend or terminate the membership of the User if it has doubts about the accuracy of the information declared by the User.
5.USER'S RIGHTS AND OBLIGATIONS
5.1. The user can become a member of the Wupdoc Platform by filling out the membership form within the platform.
5.2. The user is obliged to provide personal data accurately and completely when creating an account or communicating with other users. If the user's information is incomplete, misleading, belongs to a third party, or is incorrect, and service cannot be performed properly, resulting in loss of rights or potential harm, the user cannot make any claims against Wupdoc. The user is obliged to compensate for the damages incurred by Wupdoc due to such information and data being incomplete, misleading, or incorrect, and Wupdoc always reserves the right to take legal action against these individuals.
5.3. The user should purchase the service, knowing and accepting the basic qualities of the treatment they want to buy from the Clinics and/or Service Providers listed on Wupdoc, the service fee, payment method, where and how the service will be provided, etc., under the terms and procedures set by the Clinics and/or Service Providers.
5.4. The user can perform transactions on Wupdoc for lawful purposes. The user accepts, declares, and undertakes that they bear legal and criminal responsibility for every transaction and action they perform within the Wupdoc Platform, that Wupdoc has no legal and criminal liability, that the accuracy, truth, security, and legality of the displayed advertisements, offers, and contents are not guaranteed under any circumstances, and that Wupdoc has no responsibility for the announcements, offers, and contents on the Platform, and no compensation obligation for possible damages.
5.5. The user accepts and undertakes not to reproduce, copy, distribute, or process the images, writings, visual and auditory images, video clips, files, databases, catalogs, and lists on the Platform, and not to engage in behavior and transactions that constitute unfair competition directly and/or indirectly by engaging in any commercial activity.
5.6. The user accepts and undertakes not to engage in activities that will lead to unfair competition on the Wupdoc Platform, not to engage in behaviors that will undermine the personal and commercial reputation of Wupdoc and third parties, to act in accordance with legislation, public order, and general moral rules, to fulfill the measures and procedures required by the legislation, and not to engage in illegal, criminal, disturbing, personality rights-violating, intellectual property rights, copyright, trademark rights, and property rights-violating attitudes and behaviors.
5.7. The user accepts and undertakes that Wupdoc cannot be held responsible for direct and indirect damages that may arise in case of interruption of the service provided by Wupdoc, disruption in data transmission, delay, and failures, and data loss.
6.WUPDOC'S RIGHTS AND OBLIGATIONS
6.1. Wupdoc is a Platform that provides a listing service based on algorithms, such as patient ratings and reviews, phone and email traffic, by enabling the display of information collected from the websites or internet browsers of Providers providing health services worldwide, to facilitate easier access to many health services such as aesthetics, hair transplantation, dental service, general surgery, etc., for the Users within its body.
6.2. Wupdoc, acting as a service provider, is obliged to provide the opportunity for individuals who want to access Clinics and/or Providers providing health services worldwide but does not have the responsibility to plan appointments and provide medical services. In this context, Wupdoc accepts and undertakes to fulfill its obligations under the legislation to which it is subject as an intermediary service provider.
6.3. Wupdoc is obliged to provide the technical infrastructure necessary for the operation of the Platform and to show reasonable effort expected from it to remedy any technical malfunction.
6.4. Wupdoc will show the necessary care for the services offered on the Platform to be provided on time, securely, and without errors, and for the service quality to meet expectations, but Wupdoc does not have any commitment regarding these issues. However, Wupdoc does not guarantee that the Platform will be open 24/7.
6.5. Wupdoc does not provide advice or guarantees to the User about the Clinic and/or Provider, being an intermediary service provider in health services. The User, who wants to purchase the offered services, takes all the risks in terms of medical services. Therefore, we recommend that you conduct detailed research before working with any Clinic or Service Provider on our Platform, as the membership of any Clinic or service provider to the Platform does not mean that it has been approved by Wupdoc.
6.6. Wupdoc always reserves the right to add new ones to the services it offers, to change the scope and conditions of the accessed contents of existing services at any time, to close and delete them to third-party access. Wupdoc can use these rights in any way it wishes without making any notification and giving prior notice.
6.7. Wupdoc is authorized to suspend the User's use of the Platform unilaterally, suspend the membership account, or delete it in case the User uses the opportunities provided to him/her outside of the purposes specified in this Agreement, and violates the provisions of this Agreement, and the User accepts and undertakes that Wupdoc cannot be held responsible for any direct or indirect damages that may arise from this situation.
6.8. Wupdoc can use, process, share, categorize, and store user information in a database, and use it for promotional and informational communication activities, marketing activities, and statistical analyses. Additionally, it can use information like the user's IP address, visits, domain type, browser type, date, and time for purposes like statistical evaluation and offering personalized services and offers.
6.9. Wupdoc reserves the right to change the content of the Platform, the way it is used, the information required for membership, the rules regarding the use of membership, and other matters related to the Platform. In this context, Wupdoc can offer additional services to the user, partially or completely change some services. Wupdoc can turn services that are offered for free into paid services, update the fees of currently paid services, or make them free. Before offering services that were free to users for a fee, approval will be obtained from the users regarding this matter.
6.10. Wupdoc has the right to associate the behavior of the user visiting the site with a cookie in the browser and define remarketing lists based on metrics like the number of pages viewed, visit duration, and the number of goal completions.
7.1. Wupdoc, being a service provider in accordance with the legislation, will not be a party to any disputes that may arise regarding the fulfillment of obligations related to the agreement between the Clinic and/or Provider and the consultants, and the use of the right of withdrawal.
7.2. Wupdoc will not be involved in any communication/interaction activities that will take place between the user and the Clinic and/or Provider, nor will it be the addressee of problems, damages, and other demands arising from this communication. In this context, it should be noted that Wupdoc is in the position of a service provider within the framework of the aforementioned communication/interaction activities. Wupdoc, in its capacity as a service provider, cannot be held responsible and obligated to check the accuracy of the information and contents transmitted to Wupdoc by the users or uploaded, changed, or provided by the Clinic and/or Provider on the Platform, or to guarantee that this information and content is safe, accurate, and legal. In this context; Wupdoc's responsibility is limited to taking the necessary steps and measures in accordance with the legislation in line with possible notifications and complaints to be communicated to it.
7.3. Wupdoc strives to protect the data of all users accessing the Platform. Wupdoc will not be held responsible for any damages arising from the capture of information shared with Wupdoc during account creation by third parties without Wupdoc's fault. Wupdoc's obligation is limited to taking necessary precautions and showing maximum effort to protect the mentioned information.
7.4. Wupdoc is not obliged to monitor, control, correct, and/or stop or cancel erroneous transactions made on the Platform. Wupdoc's monitoring, controlling, correcting, stopping, or canceling a transaction does not create such an obligation for that transaction and other transactions, nor can Wupdoc's not intervening in a transaction in any way be interpreted as waiving this right.
7.5. Wupdoc is not obliged to check whether the information, documents, and other materials provided to it reflect the truth and whether they are legal or not. Therefore, it does not guarantee that the information and documents provided by the Clinic and/or Provider are correct. The user accepts, declares, and undertakes that they cannot make any claims against Wupdoc under any name whatsoever for any damage they may encounter due to the obligation to check whether the information, data, and other materials collected from websites reflect the truth or whether they are illegal before making any transactions based on this information.
7.6. Wupdoc cannot be held responsible for the situation and results in the event of temporary or permanent loss or unusability of Clinic and/or Provider accounts, any element in these accounts, any work prepared, and/or data during the provision of the service offered through the Platform due to technical reasons that may arise.
7.7. Wupdoc cannot be held directly and/or indirectly responsible in any way for the damages that third parties may incur or may incur due to the activities carried out by the user on the Platform in violation of this Agreement and/or the law. Otherwise, Wupdoc has the right to recourse for any damages it may incur/incurred.
7.8. In the event that the user accesses the Platform through Devices that are not suitable for use and any person is harmed due to this, the user will be responsible for all damages that may arise.
7.9. The user can only perform transactions on the Platform for legal purposes. The legal and criminal responsibility for every transaction and action performed by the user on the Platform belongs only to them.
7.10. The user who violates this Agreement or participates in this violation in any way or supports it is obliged to compensate all direct or indirect damages that Wupdoc, other users, and other relevant persons may incur. In this case, the user will lose all their rights arising from the Agreement, while all obligations based on the Agreement will continue in the same way; they will immediately return all rights and benefits obtained to Wupdoc. All claims and rights of Wupdoc, including the right to remove the relevant user from membership, are reserved.
7.11. All transactions arising from legal changes to be realized outside the scope of this Agreement will be outside the responsibility of Wupdoc and will be reflected in the Agreement in the same way.
7.12. Wupdoc is not responsible for the inability to partially or fully fulfill its responsibilities in the Agreement due to certain objective impossibilities that can be called force majeure, such as natural disasters, terrorist events, war, military practices, epidemics/pandemics with epidemic characteristics, and government measures and/or intense transportation restrictions, fire, earthquake, energy, and labor loss, damage to servers, infiltration into network systems. Wupdoc has the right to temporarily suspend the services offered on the Platform until the force majeure conditions are eliminated.
8.INTELLECTUAL PROPERTY RIGHTS
Wupdoc holds the rights related to the content, images, writings, visual and auditory images, video clips, files, databases, catalogs, and lists of its website, as well as the trade name and intellectual property rights, including ideas produced for new or improved services, but not limited to intellectual property rights. The user does not have the right to resell, process, copy, share, distribute, display, or allow others to access or use intellectual property rights. The user agrees and undertakes not to reproduce, process, distribute, or create derivative works from copyrighted works.
9.2. Wupdoc provides the opportunity for Users to comment and evaluate the Wupdoc Platform, and share their suggestions and comments. In such a case, the evaluations made by the Users, comments, and the names of the Users will be publicized on the Platform.
9.3. After the termination of the user's membership, the profile information and comments published on the site will be removed from the Wupdoc Platform. However, Wupdoc reserves the right to decide to continue publishing some content, including comments and evaluations, on the Platform.
9.4. Wupdoc may share the personal data it processes with relevant third parties in accordance with the Data Protection Laws and the EU General Data Protection Regulation GDPR. For example, since Wupdoc receives server service from the Azure company, you accept the transfer of personal data to the Azure company and accept that it processes your relevant data.
10.CHANGES IN USAGE TERMS
Wupdoc can unilaterally change this User Agreement at any time by announcing it on the Wupdoc Platform. The changing provisions of this User Agreement come into effect on the date they are announced.
11.INTEGRITY OF THE AGREEMENT and WAIVER
11.1. The invalidity, illegality, and unenforceability of any provision of this Agreement or any expression in the Agreement will not affect the validity, legality, or enforceability of the remaining provisions of the Agreement.
11.2. Rules, policies, and practices that are available to the user on the Platform and/or need to be complied with by the user within the scope of the use of the Platform, and can be unilaterally changed by Wupdoc from time to time, constitute an annex and an integral part of this Agreement.
11.3. The fact that one of the parties does not use or enforce any right given to it in the Agreement does not mean that it waives that right, and it will not prevent that right from being used or enforced later.
The parties to this agreement; In any kind of dispute that may arise from the Agreement, the books and records of the parties, computer records, data kept in databases and servers, commercial messages, correspondences, photographs, videos, emails will constitute binding, credible, definitive, and exclusive evidence, and they accept, declare, and undertake that this provision is in the nature of an absolute evidence agreement.
13.APPLICABLE LAW AND AUTHORITY
13.1. Wupdoc is operated by the Netherlands-based www.wupdoc.com. domain-named website. Wupdoc does not guarantee that its services are suitable for countries outside the Netherlands or that they comply with any legal or regulatory requirement of other countries. All other countries accept that the laws of the country in which they are located apply when using Wupdoc. If any part of the services offered through Wupdoc is prohibited from being used in the country and/or region where the Visitor and User reside, the responsibility arising from this belongs entirely to the Visitor and/or User.
Wupdoc can block the User's access to the Platform, partially or completely suspend or terminate the contract without any notification to the User. The User accepts that Wupdoc has no responsibility to him or any third party in case of any suspension or termination of access to the Platform.
15.1. Notifications to be made to Wupdoc pursuant to this Agreement (including requests, wishes, complaints, and opinions) will be made by sending an email to [email protected], which is published on the Wupdoc Platform.
15.2. Wupdoc can notify the User about transactions performed on the Platform via the email address or phone number specified in their profile. Notifications made in this way will be considered to have reached the recipient in any case and will produce all the legal consequences of a legally valid notification.
15.3. Unless the User notifies any changes in email, phone number, address, or other contact information in writing or updates other contact information recorded in the system, notifications made to the email address, phone number, or physical postal address registered in the system will be valid even if they do not actually reach the User and will produce all the provisions and consequences of a legally valid notification.