This User Agreement (“Agreement”); Esentepe Mahallesi Talatpaşa Caddesi Kolektif House No: 5/1 by Newlyme Elektronik Hizmetleri ve Ticaret Anonim Şirketi ("Newlyme"), established in the center of Levent Şişli/Istanbul and registered with the Istanbul Trade Registry with the registration number 20583-5, https://yeniben. com domain name website ("Website") and mobile application-like platforms determined by Newlyme ("Newlyme Platform"), including the service and other related facilities offered by the Newlyme Platform, including the Visitors and Members ("Newlyme Platform") defined below. It regulates the terms and details regarding its use as a ("User").
This Agreement regulates the conditions that the User must be subject to from the moment the User accesses the Newlyme Platform for one of the purposes of visiting the Newlyme Platform, becoming a member of the Newlyme Platform and / or benefiting from the content and / or services offered on the Newlyme Platform. . The provisions that the User will be subject to in this Agreement may vary depending on the title of Visitor or Member that the User will gain according to the motivation of accessing the Newlyme Platform.
Definitions in this Agreement should be understood as defined below, unless expressly stated otherwise:
It shall mean a computer, tablet, smartphone and other electronic device(s) capable of operating the main current internet browsers in its category, preferably with video calling and speech capabilities.
Means the person(s) who access Newlyme Platform in accordance with this Agreement and start using Newlyme Platform with the aim of providing services by completing the membership procedures in accordance with the Doctor Agreement to which they are subject.
Within the scope of the Internet Law, it shall mean natural or legal persons who produce, change and provide any information or data presented over the Internet.
It shall mean the Law No. 5651 on Regulation of Broadcasts Made on the Internet and Combating Crimes Committed Through These Broadcasts.
shall mean the person(s) who use the Newlyme Platform as a Visitor and Member in various ways.
It shall mean the Law on Protection of Personal Data No. 6698.
It shall mean the person(s) who create an account by completing the membership form on Newlyme Platform and complete the necessary procedures and who can perform the transactions in the relevant article of this Agreement.
Within the scope of the Internet Law, it shall mean natural or legal persons who provide or operate systems hosting services and content.
It shall mean the person(s) who can perform the transactions in the relevant article of this Agreement by visiting Newlyme Platform.
This Agreement is valid for the User whose detailed description is given above; All persons accessing the Newlyme Platform as Visitors and Members and/or using the Newlyme Platform for the purpose of obtaining services, examining and obtaining information will be subject to this Agreement.
This Agreement must be read before the User accesses the Newlyme Platform and before performing various transactions on the Newlyme Platform.
In the event that some or all of the conditions regulated in the Agreement are not accepted by the User, no action should be taken on the Newlyme Platform as a User. It will be understood that the User accepts and approves the terms written in this Agreement, together with performing transactions on the Newlyme Platform. For the avoidance of doubt, it should be noted that the conditions written in this Agreement;
By the Visitor who continues to roam on the Newlyme Platform and
It will be understood that it has been accepted and approved by the Member who has completed the creation of a membership account on the Newlyme Platform.
Newlyme reserves the right to make updates and changes on the Newlyme Platform. Updates and changes that may be made regarding the User on the Newlyme Platform are within the scope of this Agreement, and the User continues to use the Newlyme Platform and/or benefit from the opportunities within the Newlyme Platform; shall mean that the updates made are implied by the User. A separate consent will be obtained from the User for possible changes to be made against the User.
In case of any change in this Agreement by Newlyme, the current Agreement will be published via an accessible link on Newlyme Platform. The renewed Agreement will be valid with its favorable clauses from the time of its publication and all current or future Users will be subject to the updated terms.
The renewed contract; If the visitor is not accepted, access to the Newlyme Platform should be terminated immediately. If the renewed Agreement is not accepted by the Member, the use of the account on the Newlyme Platform must be terminated immediately.
Newlyme Platform is a platform where people can get information about aesthetic applications (collectively “Aesthetic Applications”), whether they have surgery or not, share their experiences, and communicate with Doctors serving in this field through Newlyme Platform.
The scope of content and services provided through Newlyme Platform differ for Visitor and Member.
On the Newlyme Platform, which the visitor accesses via the Device;
It can provide circulation,
You can view the written content regarding the treatment processes of the Members who share their experiences,
By filtering doctors by name, city or treatment, they can access their professional and contact information,
Access to current news and articles within the scope of Aesthetic Practices,
It can access non-medical diagnosis and treatment advice and estimated treatment price information published by Doctors on Newlyme Platform for Aesthetic Practices.
On the Newlyme Platform, which the Member accessed via the Device;
It can perform all the operations that the visitor can perform,
By filtering Doctors by city and type of treatment, they can direct their questions about Aesthetic Practices to Doctors serving through Newlyme Platform,
Can share their experiences on Aesthetic Applications,
They can communicate with the doctor they want to be treated through the add-ons on the Newlyme Platform, get information about the approximate price range for the treatment, and request an appointment from the relevant doctor regarding the physical examination.
COMMON RIGHTS AND OBLIGATIONS OF USERS
The User will access the Newlyme Platform through Devices that are under his sole responsibility and through a valid internet connection.
Within the scope of this Agreement, the User, Newlyme and / or other third parties' personal rights, intellectual property rights or property rights under the Law No. 5846 on Intellectual and Artistic Works, texts, video clips, files, databases or any other It accepts, declares and undertakes that it will not reproduce, distribute, copy and/or manipulate any element.
The User accepts, declares and undertakes that he/she will not perform any actions that may harm, prevent access, overload or damage content and media providers, websites, goods or services or software belonging to or associated with Newlyme.
User; including transmitting worms, viruses, spyware, malware, or any other harmful or blocking code; It cannot block or interrupt Newlyme Platform servers or networks connected to Newlyme Platform; It cannot add content or codes that change or prevent in any way the way it is displayed or displayed on the Devices of other Users of Newlyme Platform. User; Newlyme Platform may not make any similar attempt to impair the integrity and performance of Newlyme Platform, including but not limited to reverse engineering, decompilation, infiltration, interference, reversing, copying activities.
The user cannot make any demands from Newlyme if the content of the services offered through Newlyme Platform change.
Newlyme Platform may provide links to third party websites, applications or services that are not owned or controlled by Newlyme. User leaving Newlyme Platform will be subject to the user agreement of third party websites, applications or services.
At any time, by stopping the access to Newlyme Platform by the visitor,
ÜThe use of the membership by the member can be terminated at any time by stopping and/or deleting the membership account.
RIGHTS AND OBLIGATIONS OF THE VISITOR
By accessing Newlyme Platform, the visitor
Viewing news and articles published within the scope of Aesthetic Practices,
By categorizing the Doctors according to their name, field of specialization, city and/or type of treatment, viewing the Doctors operating in these fields and accessing the professional information and contact information of the Doctors, if available,
Treatments; o filtering by patient experiences regarding treatment, patient age, photos, videos, questions asked and answers,
Viewing Doctor's comments about Aesthetic Practices and Members' posts about their own treatment processes,
It has the right to access the estimated and average price information proportional to the market for the treatment.
The visitor has the right to become a member of Newlyme Platform in order to benefit from other services offered on the Newlyme Platform and to receive or provide services from the Newlyme Platform.
The Visitor, who becomes a member for the purpose of obtaining service, is subject to the provisions of this Agreement for the Member; The Visitor, who becomes a member with the motive of providing service, accepts, declares and undertakes that he will be subject to the Doctor Agreement.
The visitor will be able to share his experience of his treatment with the Doctors registered on the Newlyme Platform, as a result of the patient-doctor relationship he has established outside of this Agreement, by communicating with Newlyme through various communication channels. With the visitor's express consent to share, membership to the Newlyme Platform will be realized and the treatment experiences conveyed to Newlyme will be shared through the Newlyme Platform. The person who becomes a member in accordance with this article will be subject to the provisions of this Agreement regarding the Member.
The visitor must be over the age of 18 (eighteen) in order to become a member of the Newlyme Platform.
Completion of the membership required for the Visitor to benefit from the opportunities offered only to the Member within the Newlyme Platform; It occurs when the user name and e-mail address information is provided to the Newlyme Platform and an account is created by setting a password or when the Visitor logs into the Newlyme Platform through his social media account.
In order to complete the membership process, the e-mail address information provided to the Newlyme Platform must be correct and up-to-date. In this context, a confirmation e-mail will be sent to the e-mail address in order to confirm that the e-mail address is correct and up-to-date. If the verification mail is not approved, the Visitor will not be able to continue with the membership process.
The method of creating the membership of the visitor, the information required to create a membership and the determination of the social media accounts that he can connect to are at Newlyme's initiative and may be changed from time to time.
If the password used to log in to the membership account is forgotten, the Member may request that the password reset option be sent to the e-mail address specified during the account creation phase.
The member will always be able to update his profile information by logging into his account on Newlyme Platform and add some additional data such as name, surname, date of birth, gender, city of residence, photo to his profile.
MEMBER'S RIGHTS AND OBLIGATIONS
The member is solely responsible for ensuring that the information requested from him when creating an account is correct, complete and up-to-date.
The Member who logs in to the Newlyme Platform with his social media account information accepts, declares and undertakes that he is the owner of the relevant accounts.
The member has the right to take action only for himself/herself within the scope of this Agreement, and cannot transfer his rights and obligations under this Agreement to any third party, in whole or in part, cannot open the membership account in Newlyme Platform for use by other persons, and cannot share account information with third parties.
The member is solely responsible for all activities that he will perform within the scope of his account. The Member should immediately notify Newlyme if he or she notices any breach of security, including the unlawful disclosure or use of his account, or if there is a reasonable doubt regarding these matters.
The member is authorized to approve Newlyme's access to its location or to refuse access to its location so that location-based service can be provided to it.
Member, by accessing Newlyme Platform,
Performing the transactions that the visitor can perform,
Asking questions to Doctors registered to Newlyme Platform for Aesthetic Practices,
Sharing the experiences of the Doctors registered on the Newlyme Platform, from which they have previously received services for Aesthetic Practices, and their treatments, by adding their relevant images,
Evaluation on various subjects by scoring the Doctors they have been treated,
Contacting the Doctors through the communication channels they will prefer and/or requesting an appointment from the Doctors for the physical examination,
Following the Doctors registered to Newlyme Platform, the answers given by the Doctors to the questions asked by the Doctors themselves or other Members, and the experiences shared by other Members,
They have the right to request a price offer for the treatment from the Doctor they want to be treated.
Member, 8.6.5. In cases where the doctor communicates with the doctor via video or written call option via Newlyme Platform while performing the transactions in the article, the conversation between the Member and the Doctor will be carried out over the third platform and applications, and the conversation and shared content that will take place within the scope of this article are the responsibility of the Member and the Doctor.
Depending on his choice, the member will be able to be informed of the updates regarding the content he/she follows and the answers to the questions he/she sends to the Doctor via Newlyme Platform and/or by e-mail sent to the e-mail address specified by him during the membership process. The Member is authorized to approve or reject the sending of instant notification messages by Newlyme.
While performing procedures such as requesting a medical examination, evaluating the doctor, asking questions to the doctor, sharing experiences within the scope of this Agreement, the Member may use discriminatory statements and approaches such as race, religion, gender, sexual preferences, insulting, violent, and violating the privacy rights of third parties. Including the law, should not include statements contrary to general morality and should not act in a way that disturbs the society or other Members and/or Doctors.
Member; The Doctor accepts that he has been informed that all the content, including the photograph, which he will share while performing the evaluation, asking questions to the Doctor, and sharing his experiences, will be made public on the Newlyme Platform.
The Member will always be able to delete their account on Newlyme Platform by using the "Delete My Account" option.
RIGHTS AND OBLIGATIONS OF NEWLYME
Newlyme agrees to fulfill its obligations under the Internet Law.
Newlyme will show the necessary care to ensure that the services offered on the Newlyme Platform are delivered on time, safely and without errors, and that the service quality meets the expectations, and Newlyme does not have any commitments regarding the aforementioned issues.
Newlyme is obliged to make the necessary effort to ensure that the Member can ask questions to the Doctor, share his experiences, request an examination from the Doctor, and communicate with the Doctor through third platforms and applications.
the meeting to be held between the Member and the Doctor through third platforms and applications, Newlyme cannot access any data regarding the Member and the Doctor.
In line with the Member's approval, Newlyme will be able to send instant notification messages to the Member regarding the Member's use of Newlyme Platform.
Newlyme may at any time temporarily suspend the operation of the Newlyme Platform, perform technical maintenance, repair and updates on the Newlyme Platform, or completely stop the use of the Newlyme Platform.
Will be able to change the content of Newlyme Platform, the way it is used, the information required for membership and other aspects of Newlyme Platform,
Transforming transactions that do not currently require membership to requiring membership, offering additional services, changing some services partially or completely,
It will be able to convert the services it offers free of charge into a paid one, update the price of the already paid services or make them free,
The services and contents offered may be closed to the User and/or may limit their visibility within the Newlyme Platform due to the inappropriate content, the violation of this Agreement or the harm to other Users.
In case the User uses the opportunities offered to him outside the scope of the legal remedies foreseen and/or violates this Agreement; Newlyme is authorized to unilaterally terminate the User's use of the Newlyme Platform or its membership within the Newlyme Platform. Newlyme has the right to take the necessary measures by examining the complaint records sent to it, evaluating the records on all kinds of inappropriate behavior criteria, including but not limited to unethical communication and inappropriate content sharing.
Newlyme; It may, at any time, partially or completely transfer, assign or transfer all its rights, powers, debts and obligations under this Agreement to third parties and/or institutions, provided that the User is notified.
Newlyme has no obligation to check whether the information provided for membership meets the conditions specified in this Agreement. If it is determined that the member does not meet these conditions, Newlyme's right to delete the membership is reserved.
Newlyme is authorized to disclose all data to the competent authorities if duly requested by official authorities due to mandatory legislation or sub-regulatory transactions. Such a statement cannot be considered as a violation of information privacy or personal data protection.
Newlyme will make the request to permanently delete the Member's account as soon as possible.
newbie; It will not be involved in all kinds of communication/interaction activities, including but not limited to the meetings that will take place between the Doctor and the Member, and will not be the addressee of problems, damages and other demands arising from this communication. In this direction, it should be noted that within the framework of the aforementioned communication / interaction activities, Newlyme does not have the title of Content Provider, but is only in the position of Hosting Provider. Newlyme is not obliged to control the content it provides in line with its capacity as a Hosting Provider or to investigate whether there is an illegal activity. In this context; Newlyme's responsibility is limited to taking the necessary steps and measures in accordance with the Internet Law in line with possible notifications to be sent to him.
Newlyme is not bound by the negligence and behavior of the User regarding the use of the Newlyme Platform, as long as it is permitted in accordance with the applicable laws.
All transactions arising from legal changes that will occur outside the scope of this Agreement are outside the responsibility of Newlyme and will be reflected in the Agreement in the same way.
Newlyme will not be held responsible for any damages that may arise in case the information determined during account creation is shared with third parties and/or captured by third parties.
Newlyme is not directly and/or indirectly responsible for any damages incurred or to be incurred as a result of the Doctor's and the Member's transfer of their account and making it available to third parties.
In the event that the User accesses the Newlyme Platform through Devices that do not belong to him or are not suitable for using the Newlyme Platform, and therefore any person suffers material and / or moral damage, the User will be responsible for all damages.
Newlyme shall not be held responsible for the sharing of the contents of the conversation that the Member will have with the Doctor within the scope of this Agreement by the Member, the Doctor and/or other persons and/or the capture, disclosure by third parties, and for any damages that may arise in other cases.
Newlyme does not guarantee the accuracy, completeness, accuracy and usefulness of the Doctor's answers to the questions asked, his sharing with the Member regarding the treatment process, and his statements regarding Aesthetic Practices on the Newlyme Platform. In this context, in the event that the content of the conversations with the Doctors are of the nature to guide and/or make a certain decision for the Member, none of the statements of the said Doctor, including untrue, false or misleading statements, can be obtained from the Member as a result of these statements. Newlyme will not be held responsible for the decision made by the company and the consequences of these decisions.
Newlyme shall not be held responsible for the accuracy of the content and information accessed by the User through Newlyme Platform.
If the sharing and content of Users on Newlyme Platform are guiding and/or encouraging, Newlyme shall not be held responsible for the statements of such Users, the decision made by other Users as a result of these statements, and the consequences of these decisions.
Newlyme shall not be liable to the User or third parties due to delays due to technical maintenance, repairs and updates, temporary suspension or complete suspension of the system.
Newlyme and User; natural disasters, terrorist incidents, war, military practices, epidemic/pandemic widespread epidemic and related government measures and/or intense transportation restriction, natural disasters such as fire, earthquake, loss of energy and workforce, damage to servers, network systems They cannot be held responsible for their failure to fulfill or delay their responsibilities in the Contract partially or completely due to some objective impossibilities that could not be called force majeure.
The personal data of the Member, which is being processed due to the services and opportunities offered by Newlyme, is processed in accordance with the Newlyme Platform Membership Clarification Text, which can be accessed through Newlyme Platform and in accordance with the current legislation in force, especially the Law on Protection of Personal Data No. 6698. Accordingly, before obtaining personal data regarding them, the Member has been enlightened by means of the Newlyme Platform Membership Clarification Text available on the Newlyme Platform.
Since it is possible for the Member to share private personal data while submitting a request for examination, evaluating the doctor, asking questions to the doctor and sharing his experiences, it is possible for the Member to read the Explicit Consent Text Regarding Shares when creating an account, and if he is going to make such shares, Newlyme will be deemed to be a private member. express consent to the processing of personal data; if he has not given his consent in this regard, he should not include personal data of special nature in his shares.
The content provided by the Member while evaluating the doctor, asking questions to the doctor, and sharing their experiences through the Newlyme Platform, as well as the user name, name, surname and profile photo are made public so that the Member can be seen on the Newlyme Platform.
The invalidity, illegality or unenforceability of any provision of this Agreement or any statement contained in the Agreement shall not affect the validity or enforceability of the remaining provisions of the Agreement.
The article titles in this Agreement are for reference purposes only and will not affect the interpretation or understanding of the Agreement.
The User may contact Newlyme by sending an e-mail to [email protected] or via the Platform for any feedback, questions or comments about Newlyme Platform and this Agreement.