**”These Terms of Service (the ‘Terms’) together with Our Privacy Policy form the entire Agreement between Naim Global Health (hereinafter referred to as, ‘Naim Global Health,’ ‘Company,’ ‘We,’ ‘Us,’ ‘Our’) and You as an individual (hereinafter referred to as ‘You,’ ‘Your,’ ‘User,’ ‘Client,’ ‘Patient’).
This Agreement governs the use of the Company’s Website: www.naimglobalhealth.com/ (the ‘Website’) and Services rendered by Naim Global Health (the ‘Service,’ ‘Services’). By using the Website and/or the Services, You hereby warrant that You agree with the terms set out in this Agreement and You will apply best efforts to comply with these Terms. In the event You disagree with this Agreement in full or any portion of it, please immediately stop using the Website and/or the Services.
Naim Global Health reserves the right to, from time-to-time, introduce changes to the terms of the Agreement with or without prior notification to You as a User. It is Your sole responsibility to periodically check for any changes or updates to this Agreement. If You do not agree with the new updated version of the agreement, please stop using the website and/or the Service.
Please note that to use the Naim Global Health Website and/or the Service, You must be of legal age and eligible to operate such Website or Service according to the applicable legislation. If You are not of legal age, please stop using the Website and/or the Service. We reserve the right to terminate the Agreement between Naim Global Health and an individual under legal age at Our sole discretion and without notice to the individual.
SERVICE
Naim Global Health Service is a platform that provides information about medical services and their providers to the User. By using the Website and/or the Service, You, as a User, are provided with a range of medical service providers, including but not limited to hospitals and clinics (‘Medical Providers’). Naim Global Health does not assign a Patient with a specific Medical Provider; it simply provides a list consisting of the most suitable Medical Providers based on specific needs of a Patient (e.g., language, medical status, etc.). Such list of Medical Providers will include: the name, address, expertise, specialization, etc., of a Medical Provider. According to the list, a Patient is entitled to choose which Medical Provider to make an appointment with.
The information regarding the Medical Providers available on the Website is gathered either from the Medical Providers themselves or by manually gathering such information from sources We believe are reliable. We do Our best to make sure that such information is accurate and up-to-date. However, Naim Global Health cannot guarantee and cannot be held responsible for the accuracy and preciseness of such information. Naim Global Health will not be liable for failure to provide accurate information from a Medical Provider, nor shall the Website be regarded as a representation, recommendation, or endorsement of the service quality and the specialization of the Medical Providers.
NOTE: Naim Global Health is not a medical service provider but an intermediary between the User and the Medical Provider. Therefore, any information provided on the Website and/or through the Service, including but not limited to, the information provided by the Medical Providers and any other third-parties, cannot be viewed as proper medical consultation or medical examination and cannot be used to decide whether to proceed to medical treatment or to terminate it. Some pharmaceutical products displayed on our website may be forbidden in certain jurisdictions; please be cautious when choosing your type of medication. It is your sole responsibility to make sure that you comply with the law of the country you are resident and/or citizen of.
SECOND OPINION & SERVICE CHARGE
Naim Global Health provides its Users with Second Opinion upon User’s request. Users do not pay for Naim Global Health’s Services. Second Opinion is a Service provided by Naim Global Health; the Service includes an evaluation of User’s past and present condition(s), analysis of medical history, diagnosis, and treatment plan conducted by doctors of Medical Providers. The provision of this service may depend on the User’s condition. In order to be able to utilize the Second Opinion service, the User should get primary care from a local medical specialist before proceeding to the use of Naim Global Health’s Second Opinion.
By ordering the Second Opinion service, the User agrees and accepts that:
⦁ The diagnosis received is limited and provisional;
⦁ The Second Opinion is not considered nor aimed to replace a full medical evaluation or an in-person visit to a physician;
⦁ The medical specialists who are providing services through the Website and its portals do not possess crucial information usually gathered through an in-person examination;
⦁ The absence of an in-person examination may affect the medical specialist’s ability to diagnose Your condition, disease, or injury. Furthermore, the User agrees that Naim Global Health reserves the right to review at any time the User’s medical records from before and after Your interaction with the Website and its portals, and any records created as a result of received services. Naim Global Health may request additional medical records, including but not limited to, records related to care the User received after obtaining the services. Requested records may be reviewed by Naim Global Health to get better understanding of the course of treatment for User’s condition(s), including information related to outcomes and costs; such reviewing may be used to improve treatments and recommendations. Moreover, the User agrees that in case that Naim Global Health does not have the right specialist in the Provider’s network, Naim Global Health may contact third-parties outside of Naim Global Health’s network. Furthermore, by requesting any services through the Website or its portals, the User provides Naim Global Health with the authority to collect, store User’s medical records and/or to transfer them to the designated physician(s) appropriate for the User’s case. Also, the User agrees that the Second Opinion will not be used in any kind of legal proceedings, including but not limited to, legal disputes, litigation, arbitration, claim for disability benefits, etc. The User has the right to provide medical records on behalf of a third party, but only if User provides prior notification to Naim Global Health that:
⦁ The third party is a User’s family member;
⦁ The User received a prior consent from the third party to represent him/her;
⦁ The third party is not able to send a request via Website or its portals by him/herself. Note: In order to receive any kind of services from Naim Global Health, the User shall provide current and accurate identification, contact, and any other relevant information required to verify User’s identity and eligibility. It is within User’s sole responsibility to maintain the accuracy and completeness of this information. By providing such information, User states that the information is true and accurate. When all of the required documentation is received and documents are complete and accurate, Naim Global Health will proceed to gather the User’s medical records and afterward will create a Medical Case. In accordance with the information provided, Naim Global Health will match User’s medical case at least one Medical Specialists in Naim Global Health’s network of Providers or outside of it; the medical specialist will be picked according to the specialty which User’s diagnosis falls under. The User has the right to choose which medical specialist will provide the User with Second Opinion. After choice was made, Naim Global Health will collect the complete medical records in accordance with Medical Specialist’s need to provide a Second Opinion. We will inform You via email once the full Medical Case is ready; also We will forward the Case to the Medical Specialist of Your choice. User shall receive a Second Opinion service within 3 (three) working days after We receive the complete documentation from Your part. Second Opinion will be sent via email, with the Medical Specialist’s opinion on the User’s condition(s).
LIMITATION OF LIABILITY, INDEMNIFICATION
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NAIM GLOBAL HEALTH DOES NOT MAKE ANY PROMISES OR QUALITY DECLARATION ABOUT THE SERVICES RENDERED BY IT AND DOES NOT PROVIDE ANY GUARANTEES REGARDING THOSE SERVICES.
BY USING THE WEBSITE, ITS PORTALS, AND SERVICES YOU EXPLICITLY CONFIRM THAT YOU UNDERSTAND AND TAKE RESPONSIBILITY AND ASSUME ALL RISKS, DIRECT OR INDIRECT, RESULTING FROM THE USE OF THE WEBSITE WITHOUT LIMITATIONS.
NAIM GLOBAL HEALTH AND ITS EMPLOYEES, MANAGEMENT, PARTNERS, SHAREHOLDERS, AND AGENTS DO NOT BEAR ANY RESPONSIBILITY FOR FAILURES OF ANY KIND OR SHUTDOWN OF THE WEBSITE RESULTING IN LOSS OF BUSINESS INFORMATION, PROFIT, OR OTHER FINANCIAL LOSSES DUE TO CLAIMS OF ANY KIND, LOSSES, PETITIONS, ACTIONS, OR OTHER EVENTS OCCURRING DUE TO THE VALIDITY OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATIONS THE WEBSITE NAVIGATION, USE, ACCESS TO ANY FILES OR THEIR PARTS. ALSO, ANY RIGHTS INCLUDING EVEN IN THE EVENT NAIM GLOBAL HEALTH WAS ADVISED OF THE THEORETICAL POSSIBILITY OF SUCH DAMAGES, IRRESPECTIVE OF WHETHER THE OCCURRING EVENT AND DAMAGE WERE THE RESULT OF INFRINGEMENT ON INTELLECTUAL OR ANY OTHER PROPERTY, BASED ON A BREACH OF LAW, NEGLIGENCE, CONTRACT LIABILITIES OR OTHER SIMILAR CASES AND SITUATIONS, OR NOT.
NAIM GLOBAL HEALTH BEARS NO LIABILITY FOR THE CORRECTNESS, COMPLETION, AND UP-TO-DATENESS OF ANY INFORMATION PROVIDED BY PROVIDERS AND/OR ANY OTHER THIRD-PARTIES ON THE WEBSITE. THERE MAY BE LINKS TO THIRD-PARTY WEBSITES ON THIS WEBSITE. SUCH LINKS ARE PROVIDED SOLELY FOR THE CONVENIENCE OF THE USER. NAIM GLOBAL HEALTH SHALL NOT BEAR ANY LIABILITY IN CASE OF ANY DAMAGES OR LOSSES, DIRECT OR INDIRECT, DUE TO A VISITATION ORIGINATING FROM NAIM GLOBAL HEALTH, OR TO THE USE OF SERVICES FROM THIRD-PARTY WEBSITES. MOREOVER, CONSENTING TO THE TERMS OF THIS AGREEMENT, THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD NAIM GLOBAL HEALTH, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS AND AGENTS (COLLECTIVELY, THE ‘NAIM GLOBAL HEALTH PARTIES’) HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITY, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) INCURRED BY ANY NAIM GLOBAL HEALTH PARTY AS A RESULT OF, OR IN CONNECTION WITH, ANY BREACH OR ALLEGED BREACH BY THE USER OR ANYONE ACTING ON THE USER’S BEHALF OF ANY OF THE TERMS OF THIS AGREEMENT.
INTELLECTUAL PROPERTY RIGHTS, EXTERNAL LINKS
All intellectual property rights on the website (including text, graphics, software, photographs, and other images, videos, sound, trademarks, and logos) are owned by us or our licensors. Except as expressly set out herein, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors, and you acknowledge that you do not acquire any ownership rights by downloading any information, accessing the website, or using the service.
Our website, from time to time, may include links to external sites, which may include links to third-party offers and promotions. We include these to provide you with access to information, products, or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
DATA PROTECTION
Naim Global Health takes your privacy rights very seriously. In addition to these Terms, our Privacy Policy also applies to your use of our online services. You can find further information on the handling of personal data in our range of services in the Privacy Policy.
WEBSITE UPDATES
We regularly update technical, content, and other information on the Website. However, we make no claim in guaranteeing the completeness, accuracy, and compliance of the information provided on the Website. We are able to add, review, or delete information, resources, and services posted on the Website.
SOFTWARE AND COMPUTER VIRUSES
At times, website failures may happen due to an Internet connection, software operation, data transmission, etc., and it is possible that an incorrect or incomplete copy of the information contained on the website pages may occur. Similarly, the website pages may contain malicious code or programs infected with computer viruses.
We are not responsible and bear no liabilities connected to the work of any software, the presence of any computer viruses, or other elements with malicious code, the presence of destructive or unsafe files that can be distributed or otherwise affect software and hardware upon the user’s review of the website, the access to any information on the website, or the downloading of any files from the website. Naim Global Health does not purposely distribute any kinds of viruses; however, the company strongly encourages the use of anti-virus software or other protective programs during interaction with all websites.
FORCE MAJEURE
In no event shall Naim Global Health be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss, or malfunctions of utilities, communications, or computer (software and hardware) services.
APPLICABLE LAW
The validity, interpretation, and enforcement of these Terms of Use, matters arising out of or related to performance or breach of these Terms of Use, and related matters shall be governed by the internal laws of Turkey. Any legal action or proceeding concerning the validity, interpretation, and enforcement of these Terms of Use, matters arising out of and/or related to performance or breach of these Terms of Use, and related matters, shall be resolved by negotiations. In case it is impossible to reach a common solution through negotiations, all disputes shall be brought exclusively in Turkey’s courts located in Turkey. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
ASSIGNMENT
The user may not assign or transfer any of the user’s rights or obligations under these Terms of Service without the company’s prior written consent. The company may assign or transfer any or all of the company’s rights under these Terms of Service, in whole or in part, without obtaining the user’s consent or approval.
WAIVER
Company’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.