TERMS OF USE

TERMS OF USE

Please read these Terms and Conditions of Use carefully. By accessing or using this website and/or mobile application, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use this website and/or mobile application. It is important that you carefully review and understand these terms before using this website and/or mobile application. These terms may be updated from time to time, and your continued use of the website after such updates will constitute your acceptance of any changes. If you have any questions or concerns about these terms, please contact us for clarification.

These Terms of Use (the "Terms") set forth legally binding terms and conditions that govern your access to and use of the website https://hop.health domain name and/or Hop Health, mobile application, the services and materials offered thereon, and any other content, media, social media accounts linked to or otherwise associated therewith, including any portions thereof available only to our registered users (collectively, the "Platform")

The Platform is owned, operated, and distributed by Healthofperson Bilişim Sağlık ve Turizm Hizm. A.Ş., a company validly incorporated and legally existing in Turkey with a registered address of Dereboyu Cad. Ortabayır Mah. Levent Life 1 Residence Levent, İstanbul (hereinafter referred to as "HOP", the “Company", "we" and by similar words such as "us", "our", etc.).

HOP, provides the Platform to offer online health services (“Services”) by enabling Healthcare Professionals (the “HCP”, “HCPs”) to create their own HCP profiles on HOP, inform patients about treatment, fees, other details and by enabling patients to find the HCP for their need, check their Services, make a video call with the HCP, accept the offer card about their treatment, review the treatment procedures and the various ancillary Services required to provide these Services as online international health tourism services and agree to be bound by and comply with the provisions outlined in these Terms. If you do not accept these Terms (or any part thereof) or the Privacy Policy, you must discontinue your access and/or use of the HOP Platform and, if any, immediately delete your account on the HOP Platform.

These Terms are entered into by and between you and the Company and, together with the Privacy Policy, refund policy and any other documents expressly referenced, govern your access to and use of the HOP Platform and any content or features of the Services.

We are fully committed to protecting your and others' privacy and security and to addressing their concerns. You can read our privacy policy as provided below to learn more about how we handle your personal information in detail.

Privacy Policy for Users

Privacy Policy for Healthcare Professionals

We reserve the right to update, modify or remove portions of these Terms by notifying you of updates and changes. In this regard, we will notify you by email or other communication channel before to the date the updates, changes, or amendments to the Terms become effective. If you do not agree with the changes to these Terms, you may terminate these Terms immediately by discontinuing your access to and use of the HOP Platform and, if applicable, deleting your account on the HOP Platform.

If you continue to access or use the HOP Platform after such an update, we will assume that you have accepted the amended Terms.

These Terms also apply, without limitation, to any new features, functionality, or tools added to the Platform. The most current version of these Terms may be viewed at any time on the Platform. It is in your best interest to periodically review the Terms for any updates, changes, or additions that may affect you.
We will not be liable if all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Platform under these Terms.

Within the context of herein Terms, the following terms shall bear the meanings ascribed to them below:

Force Majeure Event

Floods, earthquakes, or other comparable elements of nature or acts of God, wars, civil disorders, or revolutions in any country affecting the operations of the Company, or any other event beyond the reasonable control of the non-performing party including without limitation failures of the internet or any public telecommunication network, denial of service attacks, viruses, or other malicious software attacks, governmental restrictions,  given that the default or delay could not have been avoided or prevented

Account Dashboard

A dashboard for Users where they can view, track, and cancel their appointments, manage their transactions, payment methods and communication preferences, view and update account information and delete their accounts

Affiliate

A natural person who accesses the Platform and applies as an affiliate on behalf of himself/herself or a legal entity to enter into a business relationship with the Company and act as a marketing partner concerning HOP’s services

Intellectual Property Rights

All registered or unregistered, registerable, or un-registrable intellectual property rights in whole or in part, anywhere in the world, and including without limitation copyrights, trade secrets, know-how, business names, trademarks, service marks, and patents

Services

The following services are provided by Company to Users through the Platform according to these Terms:

(i) enabling Users to book an appointment for the Healthcare Professionals

(ii) Providing Members with an Account Dashboard that allows them to view or cancel appointments, manage transactions and account details

(iii) Providing Blog content

(iv) Providing a support assistant to answer Users’ questions and receive their feedback

(v) Enabling Users to collaborate with the Company through various business relationships (as Affiliates or Partners)

HCP(s)

means Healthcare Professional as described in the applicable.

User

refers to the individual accessing or using the HOP Platform and Services or other legal entity on behalf of which such individual is accessing or using the HOP Platform and Services, as applicable.

 

HOP Platform/Platform(s)

Platform and subdomains, the App, and other media administrated by Healthofperson Bilişim Sağlık  ve Turizm Hizm. A.Ş..  to provide the Services

Term

Duration of the Services provided by HOP  hereunder

 

HOP, is a service platform whose purpose is the provision of an healthcare tourism marketplace for HCPs. Therefore, HOP is not an online platform for remote healthcare services and solely its aim is to help Users to meet with an HCP to receive healthcare services by them on-site. The HCPs themselves are responsible for the information and services which will be provided to the Users. HOP, does not provide Services itself and merely acts as an intermediary between the HCPs and Users. HOP, does not refer the User or other patients to specific HCPs but only provides information about them 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 HCPs but will instead be provided with a list of them (including the name, address, specialization, etc.) from which the User can choose one and book an appointment to meet with such HCP to plan physical treatment.  Also, to rank the Service and the HCP you take, HOP operates an algorithm with up-to-date certain criteria obtained from you. In this way, HCPs evaluate the level of their services, programs, and prices; and you may compare the conditions of the HCPs and make better decisions regarding the use of the Platform for choosing the one with the most relevant Services. If you make an appointment through the Platform, you acknowledge and agree that you are entering into a direct relationship with the HCPs and that HOP does not provide and has no responsibility or liability of any kind for, the Services provided by the HCPs or the actions or inaction of them. Although HOP endeavors to enlist reputable and qualified HCPs, you further acknowledge and agree that HOP does not recommend, endorse or make any representations or warranties regarding the HCPs or Services and has no responsibility, liability, or obligation of any kind for the accuracy, completeness or other aspects of the information provided by such HCPs, whether on the Site or otherwise, or for the relationship between you and the HCPs.

You may review, write a comment and feedback regarding the Service you have taken and the HCPs. Feedback should be Services related. By using the Services, you bear the responsibility for your actions, any Data you provide, share, or upload to the Platform, and for any outcomes that may result. In addition, please note that the details of the appointment will not be shared with irrelevant third parties. You must notify HOP as soon as possible if cancellation is required as per the terms and conditions. 

Account Creation For Users

As a User, when you create a user account (“User Account”) to purchase our Services, we ask you to provide your personal information including your name, surname, Identification Number, date of birth, gender, phone number, and email address. We will store this information to enable you to use our Services. You can use our Services through our Platform. Our Services allow you to, among other things: schedule appointments with HCPs, have online meetings with HCPs, send messages to HCPs, and evaluate your experience with a particular HCP. We would like to emphasize that our Platform is not created for healthcare services and therefore you should not request any healthcare service while using our Platform. Additionally, you can check your browsing history and manage your User account through our Platform. You can manage instant notifications and other similar system notifications in your mobile User Account. If you choose not to receive such notifications, you can disable them through your account settings.

Your access to and use of the HOP Platform is not contingent on signing up for an account, however by creating an account, you will be able to move through the checkout process faster, manage subscriptions, manage your email preferences, and manage your referral links through an Account Dashboard.

It is your responsibility to protect the confidentiality of the password or credentials you use to access the Services, and any activities or actions carried out under your account are solely your responsibility.

To sign up for an account you will be requested to provide your email address and a password (collectively, the “Registration Information”). Users may also sign into the Platform through their other accounts (e.g., Google). Following the registration stage, you will be required to verify your email address.

If you sign into the Platform through existing accounts on a certain platform, you authorize the Company to pre-register your account information and other related fields of your account with these third-party networks. If you link your account to a third-party network, you agree to comply with the terms and conditions of a third-party network. The Company cannot be held responsible for the terms and privacy practices of third-party networks.

The Company may, from time to time, modify or add new items to the Registration Information required to create an account (whilst updating the Privacy Policy accordingly) or change the suitable platform, and you agree to promptly complete any such additional or modified information fields when and as requested by the Company. Registration to the Platform itself is free of charge.

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 submitted to the Platform and we cannot take responsibility for such Data. Any use or reliance on any Data or materials submitted to the Platform or obtained by you through the Services is at your own risk. Failure to adhere to the aforementioned requirements is solely the responsibility of the User, and any loss or damage resulting from such failure is not the responsibility of HOP.

Eligibility

We do not permit individuals under 18 years of age to become a User. Unless you are at least 18 years of age, you should not create an account or access HOP Platform and Services by any means. By accessing the Platform and using the Services, you represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into these Terms and to abide by the provisions of these Terms.

Children under the age of majority (mostly under 13) may not use the Platform, or the Services or register for an account. If you are a parent or a legal guardian allowing a person between the ages of 13 and 18 (a “Minor”) to access or use the Platform or Services, registering for an account you hereby agree to (i) oversee the Minor’s use of the Platform, access of the Services and their account; (ii) assume all liabilities arising from the use of the Platform, Services, and their account; (iii) ensure that the content of the Platform and Services is appropriate for the Minor; (iv) ensure that all information submitted by the Minor to us is accurate and true; and (v) provide the consents, representations, and warranties contained in these Terms on behalf of the Minor.

Your account may be deleted without notice if we believe that you are a Minor, you are under 18 years of age and you represent yourself as 18 or older, or you are over 18 and represent yourself as under 18.

Account Responsibilities

You agree to create only 1 (one) unique account and be the sole authorized User of your account, keeping your account accurate, complete, and with up-to-date information. Your failure to keep your account data accurate, complete, and up to date may lead to your inability to access and your use of the Services or the Platform or your account’s termination by us. Therefore, you must either make necessary changes to the account through your Account Dashboard or inform us immediately of any changes to your information by emailing us.

If you provide any information that is untrue or inaccurate, not current, or incomplete, or if the Company suspects that your information is untrue or inaccurate, not current, or incomplete, the Company may, in its sole discretion, suspend or terminate your account and refuse your current or future access to any Service.

By registering for an account and becoming a User of the Platform, you agree to be liable for all activities that take place under your account and agree to always keep the safety and privacy of the login credentials. If you become conscious of or reasonably suspect any violation of safety, including without limitation any loss, theft, or unlawful disclosure or use of your account, you must promptly notify us. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if HOP suspects that your information is untrue or inaccurate, not current, or incomplete, HOP may, in its sole discretion, reject, suspend or terminate your membership and refuse your current or future access to any Service. Any personal information supplied hereunder will be subject to the terms of our Privacy Policy.

If you are signing up for the Service on behalf of any other person, then you represent and warrant that you have the right, authority, and capacity to enter these Terms on behalf of the entity that you represent.

You also agree to ensure that you log out from your account at the end of each session. You should be cautious when accessing your account from a public or shared computer so that others are not able to view or record your email, password, or other personal information. We have the right to disable any password, or other identifiers, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms.

HOP, cannot and will not be held responsible for any loss or harm caused by your inability to maintain the safety of your account. Thus, HOP is not responsible for any loss or damage as a result of someone else using your account, or the Registration Information, with or without your knowledge.

During the remote delivery of Healthcare Services, if there is a third person present in the environment where the HCP or the User is located and who can see and/or hear the conversation between the User and the HCP, the HCP and/or the User are obliged to inform the other party about the presence of the third person.

The User receiving remote Healthcare Services is obligated to provide accurate, understandable, and detailed information to the HCP about their medical history and health condition.

Users cannot navigate the Platform, visit FAQs, view, share, and comment on Blog content, or communicate with the HCPs online without signing up for an account. 

You are required to sign up for an account to use the Platform and Services. Also, to provide you with certain Services and features, you will be requested to provide certain information and accept these Terms accordingly.

HOP provides its services across the world. If the chosen language of the HCPs does not cover the language(s) you wish to speak while requesting Services, this may create a language problem. To surpass this language problem, HOP or HCP may provide a translator to help you communicate with the HCPs.

If you have chosen a different language than the HCPs state that he is competent, HOP or HCP will appoint a translator by itself. We would like to emphasize that, HOP or HCP would not appoint a translator without your prior explicit consent. However, if you have chosen not to receive service from a translator or if you have chosen a language in which you can explain your grievance, HCP may refuse to provide services or cancel the appointment at its discretion due to the communication issue. The Translator is subject to this Terms and our privacy policy for the personal data it comes to know during the video meeting.

Reviews, Feedback & Other Submissions by Users

Users are provided with a variety of areas, sites, features, pages, and forums whereby the Users and/or HCP can interact with one another (the “Public Forum(s)”) offered as a part of the Services (including, but not limited to, chat, message board, Blog, FAQ or other instant messaging features) that enables you to (i) upload, submit, post, display, perform, distribute or view content (the “User Content”), and/or (ii) communicate, share, or exchange User Content with other Users. Except as otherwise provided in our Privacy Policy, all communications on Public Forums are public and not private communications. You are and shall remain, solely responsible for the User Content that you upload, submit, post, transmit, communicate, share, or exchange through any Public Forum and for the consequences of submitting or posting same.

You acknowledge and agree that submissions made to Public Forums may be publicly available to all other Users, or in certain cases, specific other Users, and that you may be publicly identified when communicating or providing feedback in Public Forums, and HOP will not be responsible for the action of any Users concerning any information or materials posted in Public Forum. Your User Content will be accompanied by your real name and surname and may not be posted anonymously. Participants in Public Forum must not misrepresent their identity or their affiliation with any person or entity. Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Platform or transmit to us any User Content that you consider to be confidential or proprietary.

Users shall not post, upload or transmit any content that (i) is false, misleading, or deceptive; (ii) is defamatory, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm to any person or group; (iv) involves violence or acts that threaten or encourage any person to engage in such violence or acts; (v) encourage illegal and/or harmful activities and materials that are prohibited by the Applicable Law.

You hereby acknowledge and agree that the Company does not actively monitor or police the Public Forum (and has no obligation to do so) and you disclaim and hold the Company harmless from and against any liability resulting from your interaction with, or conduct towards any other User or User Content.

Users acknowledge and accept that the Company is entitled to remove, delete, block, or rectify such User Content at its discretion and to, without prior notice, deny the User from accessing and/or using the Platform; (i) if any complaint based on such content is received; (ii) if a notice of infringement of intellectual property rights is received; (iii) upon order of a public authority; or (iv) where the Company is made aware that the User Content while being accessible via the Platform, may represent a risk for Users, third parties and/or the availability of the Service. The removal, deletion, blocking, or rectification of User Content shall not entitle Users who have provided such content or that are liable for it, to any claims for compensation, damages, or reimbursement. Users agree to hold the Company harmless from and against any claim asserted and/or damage suffered due to User Content, they provided to or provided through the Platform.

Healthcare Service Disclaimer

HOP IS NOT A HCP ITSELF, AND HOP DOES NOT PROVIDE HEALTH SERVICES OR RENDER HEALTH ADVICE. ANY AND ALL SERVICES PROVIDED BY, IN, AND/OR THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES PROVIDED BY THE PLATFORM AND/OR SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, HEALTHCARE ADVICE OR OPINION. USE OF THE HOP PLATFORM AND SERVICES IS NOT FOR ANY EMERGENCIES RELATED TO YOUR HEALTH.

 

By using Services, HOP cannot be deemed to be engaged in the practice of medicine. The use of our Platform does not establish a doctor-patient relationship. Our Platform is only used as a mediator between the User and the HCPs. The User should not solicit or rely upon any representations or recommendations of any officers of HOP concerning any medical issue.

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

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

 

The visual interfaces, graphics, design, photographs, videos, audio, information, data, computer code, materials, and content of the Platform, the Platform as a whole, and all other elements of the Platform (collectively, the "Platform Content") are protected by copyright, trademark, trade dress, patent, or other intellectual property rights. Any use of the Platform Content without HOP's express written consent is strictly prohibited. HOP reserves all rights to the Platform Content not granted expressly in these Terms. Any material downloaded or otherwise obtained using the Platform is done at your discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

HOP Platform License

We grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, and non-sublicensable license to access and use our Platform, the Services, and contents therein solely as provided under these Terms, and not for redistribution of any kind (the “License”). This License does not include any resale of (i) the HOP Platform and Service, (ii) any Registration Information, (iii) any other content, material, information, text, data, copyright, trademark, logo, design, insignia, images, photos, music, screenshots, videos, chats, posts, identifying marks, pages, software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, HOP Platform and the Services which HOP Platform Content is and will remain the sole and exclusive property of HOP.

The Company may revoke the License at any time for any reason or no reason and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.

Violation of the License hereunder or this provision may result in infringement of Intellectual Property Rights and contractual rights of the Company, Users or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

Our commercial partners, licensors, contractors, and other third parties may also have additional proprietary rights in the Platform Content which they make available on our Platform and Services. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Platform Content, in whole or in part. When Platform Content is downloaded to your computer, phone, tablet, or any other mobile device, you do not obtain any ownership interest in such Platform Content. Modification of the Platform Content or use of the Platform Content for any other purpose, including, but not limited to, use of any Platform Content in printed form or on any other applications or networked computer environment is strictly prohibited unless you receive our prior written consent.

All trademarks and service marks, whether registered or unregistered, company names or logos, displayed or mentioned on the Platform is the property of their respective owners. Reference to any service, process, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Company.

Violation of this License may result in the infringement of intellectual property and contractual rights of HOP, other Users or HCPs of the HOP Platform, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

 

You are solely responsible for your all interactions with the Company or HOP Platform on or through the Platform or Media Resources. Our goal is to create a positive, useful, and safe User experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Users or us.

While using the Platform or the Services, you may not:

Any use of the Platform, Public Forum, or the Platform Content by violating the principles listed above without the prior written permission of the Company is strictly prohibited and will cause the termination of these Terms, the License to Platform Content, and your access to the Platform automatically. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and the Company will take appropriate investigative and legal action for such illegal or unauthorized use.

You are required to inform the Company immediately in case anyone makes or threatens to make a legal claim against you relating to your use of the Services and/or the Platform. If we request, you shall confirm such claim in writing and cease to access or use the Platform. In such cases, we reserve the right to forward details to the appropriate regulatory authorities, as well as the courts if we are asked to do so.

Saving the exceptions herein, the User shall have unlimited access to the Platform and the Services subject to the fulfillment of the User’s obligations under these Terms. We reserve the right to withdraw, amend or otherwise alter the functions of the Platform, and any Service or content we provide through the Platform, at our sole discretion, and without any notice.

The Company hereby represents and warrants compliance with relevant and applicable legislations, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from or about the Users relevant to access or use of the Platform or the Services (jointly, the “Rules”).

The Rules include without limitation (i) United States federal and relevant state laws with regards to data collection and data privacy including California Customer Privacy Act (“CCPA”); and (ii) if applicable, the Data Protection Directive and the General Data Protection Regulation (“GDPR”), Personal Data Protection Law numbered 6698, enacted on March 24, 2016, and came into force on April 7, 2016, by Republic of Turkey, secondary law derives from it and decisions of the Turkish Personal Data Protection Authority (“PDPL) or any other Rules of another jurisdiction or rules, laws or any other part of the legislation issued by the relevant data protection authorities, and any amendments and changes thereof or laws as may be repealed or succeeded.

Any personal information that you provide to us is subject to our Privacy Policy as can be found on the Platform. Please review the Privacy Policy for more information about how we collect and use personal information.

Each party hereby represents and warrants to the other party that, (i) such party has the necessary power and authority to be bound by these Terms;  (ii) compliance with these Terms and fulfillment of the obligations hereunder do not and will not, the best of each party’s knowledge, violate any other agreement to which it is a party;  (iii) no other restriction, limitation or contractual or statutory obligation exists preventing a party from fulfilling its obligations hereunder; and (iv) these Terms constitute a legal, valid and binding obligation when agreed upon by both parties.

The Company hereby represents and warrants to the User that, (i) it will have all necessary rights, licenses, know-how, expertise, and experience needed to operate the Platform and provide the Services hereunder; (ii) is the sole proprietor of the Platform and the Intellectual Property Rights (to the extent permitted in these Terms) on the Platform and has all legal rights, licenses, and authority to provide the User with the Platform or the Services as stipulated herein; (iii) the Platform and the Services shall also comply with all relevant legislation and regulations when used by the User by these Terms.

The User represents and warrants that (i) all Registration Information and any other information User submits to the Platform or shares with Company (if any) is true, accurate, current, and complete, (ii) the User is the sole owner of all rights, titles, and interests in, or have obtained all necessary rights and licenses from the applicable owner of, any information User submits to the Platform or shares with Company (if any), and (iii) such information, when used for the purposes in which it is submitted onto Company, does not infringe the rights of any third party, including without limitation, Intellectual Property Rights, proprietary rights and rights of publicity/privacy. The User also acknowledges and agrees that s/he will be solely responsible for all Registration Information and other information that the User submits on or through the Platform and the Company or shares with the Company (if any) and will use the Platform solely for the permitted purposes as defined by these Terms and shall not interfere with the integrity or performance of the Platform or the Services as articulated by the section of Limitations on Use of the Platform.

By using services, you agree that the initially offered treatment plan that was based on the information you provided may change according to the evaluation during the face-to-face consultation with the HCPs. 

Except as expressly set forth herein, HOP does not warrant, or make any representations regarding (i) whether the results obtained from benefiting Services will be wholly accurate, entirely reliable, on time, complete or truthful or whether content will have listened, (ii) the quality of any services, information, through the Service will meet its expectations, or that any faults in the Service will be amended and; (iii) the Services provided will be on an uninterrupted, secure or error-free basis. The Services and the HOP Platform (and any part thereof), including without limitation any content, data, and any information related thereto, are provided strictly on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express, implied, or statutory. HOP makes no representations concerning the benefits or outcomes obtained from HOP and/or the Service by the HCP or any third party. 

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

If HOP’s performance of its obligations under these Terms is prevented or delayed by any act or omission of the User, or its agents, consultants, or employees, HOP shall not be deemed in breach of its obligations under these Terms.

In no event will HOP, its developers, Affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the HOP platform, any Platforms linked to it and any content on the HOP or such other Platforms or any Services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

HOP IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR ANY MATERIALS ON THE PLATFORM, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

This Limitation of Liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or whatsoever, even if the Company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore, the above limitations or exclusions may not apply to Users falling within the scope of such jurisdictions’ competence. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.

The User shall defend, indemnify, and hold harmless the Company and its Affiliates, partners, shareholders, employees, agents, representatives, and/or independent contractors from and against all costs, damages, and losses, including legal expenses resulting from any claim by third parties that (i) User’s use of the Platform, the Platform Content or other material infringement of any rights of the third parties, including without limitation, breach or violation of the Intellectual Property Rights or privacy rights of such third parties; (ii) the information shared with the Company or submitted via the Platform by User through the Platform or via other the channels dedicated for such use is obscene, defamatory, illegal, unethical, or promotes illegal conduct; (iii) the User has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms; and (iv) the User breaches (de facto or presumably) any of its representations, warranties, and/or responsibilities under these Terms.

HOP reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems appropriate, including without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ e-mail addresses-if applicable-, usage history-if applicable-, IP addresses, and traffic information.

HOP may terminate these Terms immediately in its sole discretion and without any prior notice or liability against you, suspend or terminate your use of, or access to the HOP Platform, or delete your account on the Platform, at any time for any reason and under any conditions, including without limitation, if it is reasonably believed in good faith that you have violated or acted inconsistently with these Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable.

HOP may terminate your account (or any part thereof), your password, or use of the Platform, or remove and discard any information stored, sent, or received via the Platform without prior notice and for any reason, including but not limited to; (i) concurrent access to the Platform with identical login credentials, (ii) permitting another person or entity to use your login credentials to access the Platform or the Services, (iii) any other access or use of the Platform or Services except as expressly provided in these Terms, (iv) any violation of the terms and conditions of these Terms or the rules and regulations relating to the use of, software and/or data files contained in, or accessed through, the Platform, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Platform or the Services.

In case you violate any provision of these Terms, you accept, declare, and undertake that the Company may terminate or suspend your account and/or access to the Platform at its sole discretion. In such case, you hereby disclaim and hold the Company harmless from and against all liability resulting from such termination or suspension and accept not to hold the Company responsible for any claims for compensation, damage, or reimbursement in this regard.

The User terminates these Terms at any time by ceasing to access or use the Platform and/or -if applicable- deleting your account. However, sections of these Terms which by their nature should survive the expiration or termination will remain in full force and effect after and notwithstanding the expiration or termination of these Terms, as stipulated in the section of Following Termination.

Upon expiry or termination of these Terms for any reason, all rights of the User and any Services shall be terminated instantly.

The following clauses shall survive the expiry or termination of these Terms “Definitions”, “Disclaimer and Warranties”, “Limitation of Liability”, “Indemnification”, “Unlawful Activity and Termination of Access to the Platform”, “Following Termination”, “Governing Law”, “Severability” and “Miscellaneous Provisions”, and all commitments of both parties under these Terms shall cease to be fulfilled.

The validity, interpretation, and performance of this Agreement shall be governed in all respects by the laws of Turkey without giving effect to conflicts of law principles that would result in the application of the substantive laws of another jurisdiction. 

You agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the courts of Turkey.

If any part of these Terms is found to be unlawful, void, or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only.

The unlawfulness, invalidity, or unenforceability of such a clause shall in no way influence or render any other part of these Terms, unlawful, void, or otherwise unenforceable, and generally, shall be reformed, construed, and implemented in such a way that reflects the intent of the Parties as conveyed in these Terms with its nearest lawful effect.

In any jurisdiction, the fact that any provision of these Terms is held to be unlawful, void, or otherwise unenforceable, shall not effect on the legality, validity, or enforceability of the such provision in other jurisdictions.

Headings

The headings used in these Terms are for reference reasons only and do not influence the understanding and interpretation of these Terms.

Waiver

HOP’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such or other right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the utmost possible service level, HOP reserves the right to interrupt the Platform for maintenance, system update, or any other change, by informing the Users appropriately.

We will not be liable for any reason if all or any part of the Platform and/or the Services is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all parts of the Platform and/or the Services to the Users.

Within the limits of relevant legislation, the Company may also decide to suspend or terminate the Services altogether. If the Services are terminated, the Company will cooperate with Users to enable them to withdraw personal information by applicable law.

Additionally, the Platform or any Service might not be available due to reasons outside the Company’s reasonable control, such as “Force Majeure”.

Remedies Not Exclusive

Except as expressly stated herein, no remedy is designed to be excluded from any other remedy that is not available under these Terms or in law or equity.

Non-Exclusivity

These Terms and Conditions are not exclusive.

No Strict Construction

Where an ambiguity or issue occurs with regards to any clause of these Terms, the Terms shall be construed as if collectively approved by the Parties and no presumption or burden of proof shall occur to favor or disadvantage either Party by the authorship of these Terms.

Assignment

Without prior written approval of the Company, these Terms or any rights or obligations conferred thereunder may not be transferred and delegated by the Users. Any attempt to grant, without such approval, any rights or responsibilities arising from these Terms shall be null and void ab initio.

The Company reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, by taking the Users’ legitimate interests into account. Provisions regarding change of these Terms shall apply accordingly.

Entire Agreement

These Terms constitute the entire agreement between the parties on the subject matter of the Terms and supersede all prior written or oral agreements and/or communications relating to the subject matter thereunder.

Force Majeure

None of the parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations arising from these Terms if a Force Majeure Event prevents them from doing so.

Third-Party Services

The HOP Platform may include embedded third-party content or links (such as hyperlinks) to third-party websites, resources, content, or services (including external websites that are framed by the HOP Platform as well as any advertisements displayed in connection therewith, and affiliate marketing links through which we may earn a commission if/when you click on or make purchases via affiliate links) that are not owned or controlled by HOP (collectively, “Third-Party Services”).

When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that HOP is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of Third-Party Services. If you believe any Third-Party Services violate applicable law or may be inappropriate, please notify HOP. The inclusion of any Third-Party Services does not imply any association between HOP and their operators.

By using the HOP Platform, you expressly relieve, and hold HOP harmless from all liability arising from your use of any Third-Party Services, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third-Party Services on the HOP Platform or the failure of such Third-Party Services to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.

With these Terms, you agree that the HOP Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements, and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the HOP, are solely the opinions, and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of HOP.

You acknowledge and agree that you assume all liability and obligations to cause any damage to you or any third party arising from the use or reliance on any content, advertisements, products, or third parties.

When you are connected to or otherwise accessing a Third-Party Service, you agree that you are responsible for the following: (i) take necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code, and other harmful effects; (ii) download, use or purchase any material that is sexually explicit, immoral, offensive or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical errors, or other errors; (iii) downloading, using or purchasing any material that violates confidentiality or promotional rights, or that violates the proprietary rights of third parties and other proprietary rights, or that is subject to additional terms and conditions specified or unspecified; (iv) any financial costs or other liabilities to third parties arising from your actions or other activities; (v)  read and understand the Terms of Use or Privacy Policies applicable to Third-Party Services.

Interpretation

Unless the context requires otherwise, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed following these Terms is to be done on a day that is not a business day then the act must be performed on or before the next business day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof, (iv) a reference to a natural person shall mean including without limitation a partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.

Independent Legal Advice

The User recognizes and accepts that it has had the chance to read these Terms, agrees with its provisions, and has been given a chance to seek independent legal advice on the Terms’ provisions before acknowledging them.

You may contact the Company and share your questions, complaints, and/or concerns about the Platform and/or the Services, through ### or any other channel dedicated to such use.