User (Member) Agreement

1. Parties

The parties to this “Privacy and Security Agreement” (the “Agreement”) are NEXTPLUS ÖZEL SAĞLIK HİZMETLERİ SANAYİ VE TİCARET ANONİM ŞİRKETİ (hereinafter “NEXTPLUS”) and the person who is or will become a member of the mobile application named “Next Plus Sağlık” owned by NEXTPLUS (hereinafter the “Member”). This Agreement has been created for the purpose of determining the rights and obligations of the parties and the conditions for using the services, applications and content offered through the Next Plus Sağlık mobile application.

2. Definitions

The terms used in this Agreement are defined as follows:

• “Next Plus Sağlık”: the mobile application of NEXTPLUS downloaded from the App Store and Google Play,

• “User”: any natural or legal person accessing “Next Plus Sağlık” online,

• “Member”: natural and/or legal persons benefiting from the services offered within Next Plus Sağlık under the conditions set out in this Agreement,

• “Membership”: completed when the “User” who wishes to become a “Member” through the relevant section of “Next Plus Sağlık” fills in the required membership form, provides identity information, confirms the accuracy of that information and completes the registration process, and NEXTPLUS approves the registration. The rights and powers of a “Member” as defined in this Agreement cannot be held before the membership process is completed.

3. Next Plus Sağlık Membership System

A Member who wishes to join Next Plus Sağlık must first complete the Membership Form published in the application with accurate information and accept and undertake to comply with the provisions of the Membership Agreement set out in this document. By entering their telephone number at the registration stage and clicking the “Send SMS” button, the Member shall be deemed to have accepted the terms of this Agreement.

The “Username” is specific to the Member and the same “Username” is not assigned to two different members. The “Password” is known only to the user. NEXTPLUS cannot be held liable for unauthorised access that may occur where the Password is disclosed or stolen due to the Member’s own fault. Upon acceptance of this Agreement, the privacy policies and the KVKK information notice are deemed accepted. The user may change their password at any time. The selection and protection of the password is entirely the user’s responsibility. NEXTPLUS is not liable for errors or problems arising from user mistakes relating to the Member’s use of the password. A user who forgets their password is directed to the “Forgot My Password” section and is asked to complete the security steps in order to set a new password. A Member who successfully completes the security steps sets a new password, which then applies to every subsequent login to Next Plus Sağlık as a Member.

4. Provisions Concerning the Use of Next Plus Sağlık

4.1. The documents, reports and similar materials published by NEXTPLUS on Next Plus Sağlık are copies of the patient documents held in NEXTPLUS’s records and are documents belonging to NEXTPLUS. The MEMBER may use the said documents and patient records contained in Next Plus Sağlık provided that they comply with the stated conditions.

4.2. Next Plus Sağlık, as the mobile application of NEXTPLUS, has been prepared to make it easier for MEMBERS to access their data in the application. However, NEXTPLUS gives no express or implied warranty as to the completeness, accuracy or currency of the information and any documents in the mobile application. Documents in this mobile application may be used officially only when approved by NEXTPLUS.

4.3. The MEMBER accepts in advance that, in reviewing, downloading where necessary and checking the documents in the mobile application during the use of Next Plus Sağlık, they have obtained the necessary permissions from the third parties they have notified, that they hold all authority in this respect, that they do not infringe the rights of third parties in any way, and that all liability arising from the use of the mobile application rests with them. Upon request by the Hospital, the Member shall provide the Hospital with records and evidence of the notification made to the relevant third party and of the permission given by that third party. The MEMBER is entitled to view only those documents, information and reports in Next Plus Sağlık that relate to the third parties they have notified, provided that those persons have given the legally required and sufficient permission or that such access is otherwise lawfully possible. Should NEXTPLUS suffer any direct or indirect damage because the MEMBER does not hold such permissions or exceeds the limits of such permission, the MEMBER accepts, declares and undertakes to indemnify NEXTPLUS for such damages upon NEXTPLUS’s first request without any need for notice or warning.

4.4. The MEMBER warrants that they are obliged to protect their right of access to Next Plus Sağlık from use by unauthorised third parties or institutions, that it may not be used by anyone else without authorisation, and that they will not enter areas for which they are not authorised. Otherwise, the MEMBER accepts, declares and undertakes to indemnify all direct or indirect damages that NEXTPLUS may suffer.

4.5. The MEMBER may not publish the documents, reports or other content contained in Next Plus Sağlık on their own and/or another party’s website or on any other medium. Should NEXTPLUS suffer any direct or indirect damage as a result of the MEMBER’s failure to comply with this obligation, the MEMBER accepts, declares and undertakes to indemnify NEXTPLUS for such damages upon its first request without any need for notice or warning.

4.6. The MEMBER accepts that NEXTPLUS does not warrant that the files they upload to Next Plus Sağlık are free from viruses, worms, trojan horses or any other malicious and harmful code or material. It is entirely the responsibility of NEXTPLUS to meet all software and hardware requirements, and to maintain and update the electronic devices it holds and/or uses, in order to prevent such malicious and harmful code or material, to ensure the accuracy of data input and output, or to recover any lost data. NEXTPLUS is not liable for any damage that NEXTPLUS or third parties may suffer due to such malicious code or material, data inaccuracies or losses. Without prejudice to the provisions of this and other articles of the Agreement, NEXTPLUS undertakes to preserve the confidentiality of the files uploaded unless the MEMBER consents otherwise.

4.7. The MEMBER accepts that they assume all liability and risk arising from the use of Next Plus Sağlık. NEXTPLUS provides Next Plus Sağlık and all elements included in its content “AS IS” and provides no express or implied warranties regarding Next Plus Sağlık, any service, information or element included in the site content provided through Next Plus Sağlık, or any use of the site in any manner.

5. The Member Agrees Not to Do the Following in Connection with Use of the Site

5.1. Not to modify or delete the content of Next Plus Sağlık or any material included in it; the MEMBER assumes the liability and risk for the files they have added themselves;

5.2. To use the said materials only in accordance with their intended purpose and not to use their own profile and/or other profiles they have added for personal purposes in any way;

5.3. Not to place or transmit any malicious code or material such as viruses, trojan horses, spyware or dialer programs;

5.4. Not to use the communication features of Next Plus Sağlık or the resources of the site in any manner that would restrict or destroy the ability of other MEMBERS to obtain them.

5.5. NEXTPLUS is not the addressee of any civil or criminal proceedings arising from the use of Next Plus Sağlık. NEXTPLUS is not directly or indirectly liable for any damage, loss, expense or any other claim that may arise from the acts of MEMBERS or third parties.

5.6. The MEMBER is responsible for every approval they give regarding Next Plus Sağlık during telephone calls with the Call Centre. The MEMBER is deemed to have accepted that they are aware that oral conversations held at the Call Centre are recorded and that these telephone recordings will, where necessary, be used as evidence against them.

6. Limitations of NEXTPLUS’s Liability

NEXTPLUS shall under no circumstances be liable for the following:

6.1. NEXTPLUS shall not be liable for any incidental, risk-related or indirect damages (including but not limited to damages arising from loss of profit, business interruption, or loss of programs or information) arising from the use or non-use of Next Plus Sağlık, from any information, data or other material provided or downloaded through Next Plus Sağlık, or from the delay of such information or service, even if Next Plus Sağlık or its authorised representatives have been notified thereof.

6.2. Next Plus Sağlık shall not be liable for any claim arising from errors, omissions or other defects within Next Plus Sağlık and/or from material or information downloaded through Next Plus Sağlık.

6.3. The MEMBER is responsible for the proper functioning, maintenance and updating of all telephone and computer hardware, internet and computer security and all equipment necessary for access to and use of the site, and for all charges, taxes and monetary obligations relating to such equipment. The USER is entirely responsible for any damage, action or claim that the MEMBER may suffer as a result of failing to comply with these obligations.

6.4. If the MEMBER breaches any article of this Agreement by reason of their access to and use of Next Plus Sağlık, they are responsible for all losses, expenditures, damages and costs arising from such breach, including court fees, expenses and attorney fees. NEXTPLUS is in no way liable for the foregoing.

6.5. NEXTPLUS may temporarily suspend or completely discontinue the operation of the Next Plus Sağlık system at any time. NEXTPLUS shall have no liability whatsoever towards its members or third parties as a result of the temporary suspension or complete discontinuation of the system.

6.6. NEXTPLUS is not liable for damages the Member may suffer due to technical faults occurring in the application services. NEXTPLUS does not undertake that its services will be provided in a timely, secure and error-free manner at all times and under all circumstances, that the results obtained from the use of the services will always be accurate and reliable, or that the service quality will meet everyone’s expectations. NEXTPLUS reserves the right to interrupt at any time any communication, publication or data transfer made through its site that may cause damage, and, where the necessary conditions arise, to delete member messages, bar the member from the services and terminate their membership.

7. Special Notice for International Use

Being aware of the global nature of the internet, the MEMBER agrees to comply with all local laws and other legislation, including but not limited to rules concerning the internet, data, electronic mail or privacy. In particular, the MEMBER agrees to comply with the laws and other legislation of Türkiye or of the country in which the MEMBER resides.

8. Validity of NEXTPLUS’s Records

The Member declares and undertakes that, in disputes that may arise from this Agreement, NEXTPLUS’s book records, microfilm, microfiche and computer records shall constitute valid, binding, conclusive and exclusive evidence within the meaning of Article 193 of the Turkish Code of Civil Procedure No. 6100, and that this article constitutes an evidential contract.

9. Force Majeure

The term force majeure shall be interpreted as, in addition to the circumstances recognised by law, events beyond the control of NEXTPLUS that it could not prevent despite exercising due care, including but not limited to natural disaster, strike, communication problems, infrastructure and internet faults, system improvement or renewal works and faults that may arise as a result, power outages and adverse weather conditions.

In all circumstances legally deemed force majeure, NEXTPLUS shall not be obliged to perform its obligations under this Agreement and shall not be held liable in any form or degree on the ground that its obligations have been performed wholly or partially, late or incompletely. The Member accepts and undertakes not to claim compensation from NEXTPLUS under any title by citing any such circumstance.

10. Applicable Provisions and Law

In disputes that may arise in relation to this Agreement, the provisions of this Agreement shall apply first and, where no provision exists, the laws of the Republic of Türkiye shall apply without regard to conflict-of-laws rules. The laws of the Republic of Türkiye shall govern the resolution of disputes between the parties and the application and interpretation of the whole or parts of the Agreement.

11. Notifications

The e-mail address notified by the Member to NEXTPLUS is accepted as the legal address for all notifications to be made in relation to this Agreement. The Member accepts that, unless changes to their current e-mail address are notified to NEXTPLUS in writing within three (3) days, notifications sent to the former e-mail addresses shall be valid and shall be deemed to have been made to them.

12. Entry into Force

This Agreement enters into force between the parties for an indefinite term when the user fills in their telephone details and clicks the “Send SMS” button at the bottom of the screen. The Member accepts, declares and undertakes that they have read, understood and accepted all the articles of this Agreement and have confirmed the accuracy of the information they have provided about themselves.

13. Termination of the Agreement

Either party may terminate this Agreement at any time.

14. Resolution of Disputes

The Courts and Enforcement Offices of Istanbul have exclusive jurisdiction over the resolution of disputes arising from this Agreement.

15. Miscellaneous Provisions

15.1. Any failure by Next Plus Sağlık to require performance of any article of this Agreement shall not be construed as a waiver of any provision or right.

15.2. NEXTPLUS may assign this Agreement in whole or in part at any time without notice. However, the MEMBER may not assign this Agreement or any part of it to a third party.

15.3. NEXTPLUS may amend the provisions set out in its privacy policies and KVKK information notices whenever it deems necessary, provided that it publishes them on Next Plus Sağlık. The amended privacy notice provisions shall be deemed to have entered into force on the date they are published on the relevant page.

This is an unofficial English translation provided for convenience. In the event of any discrepancy, the Turkish version of this document shall prevail.