This Agreement has been made by and between, “Tekniker Bilişim” located at the addres Dumlupınar, Teknik Yapı Concord, No: 15A D: 206 Kadıköy/İstanbul, Türkiye and real or legal person (hereinafter referred to in this agreement as the customer) who purchased the program from www.medikbase.com address and registered to software program “MEDIKBASE” downloaded/installed to the desktop as user from the site within the framework of the following terms and conditions. The agreement is made for the customer to use the program at the time of approval by the customer with a wet signature on paper and/or in electronic form where the program is downloaded or used.
1. SUBJECT AND SCOPE OF THE AGREEMENT
1.1 This Agreement regulates the rights and obligations of the parties regarding use of www.medikbase.com and MEDIKBASE of which all intellectual and industrial property rights owned by Tekniker Bilişim based on cloud computing technologies and the terms and conditions relating to any data uploaded to Medikbase.
1.2 This agreement comes into force when the customer accepts and declares the ”User Agreement and Privacy terms” by clicking the I read and approve box electronically or by signing this agreement with wet signature. Approving the agreement electronically means signing the agreement.
2. CUSTOMER'S RIGHTS AND OBLIGATIONS
2.1 The customer agrees and undertakes that he knows that he must sign the agreement in order to use the program, and that the information requested by Tekniker Bilişim and/or MEDIKBASE for the account to be opened is complete, up-to-date and accurate. Tekniker Bilişim and MEDIKBASE cannot be held responsible for any damages and losses caused by incomplete and incorrect information. It is the customer's responsibility to update the changes in the information correctly over time. Customer also accepts and undertakes that these issues will constitute the reason for termination of the agreement by Tekniker Bilişim.
2.2 The Customer declares that he has the legal/legal competence required to sign this Agreement. If the customer is accessing the program on behalf of Tekniker Bilişim, he accepts and declares that he has all kinds of legal powers. In this case, the customer status and rights and obligations will belong to the company in question.
2.3 Customer agrees, declares and undertakes to use the program only in accordance with the relevant legislation and to act in accordance with the applicable legislation, terms and conditions. The customer is entitled to use the program on behalf of the third parties and the company as long as it is authorized to provide services to third parties. In this context, it will ensure that these individuals and firms also comply with all the provisions applicable in this Agreement.
2.4 Customer accepts, declares and undertakes with this contract that Tekniker Bilişim granted non-exclusive right of use of Medikbase, limited only to the purposes of this agreement. as a simple license, data and source code will be stored on Tekniker Bilişim servers, that it cannot take any action on them without the permission of Tekniker Bilişim and that it will not perform any action in any way and its access and use of cloud service it has ordered is limited by the powers granted to customer by Tekniker Bilişim.
2.5 The customer must obtain a license to use the program. Customer can authorize third parties to use the program by purchasing as many licenses as the number of people they want to access the program. A second account will not be opened by the same customer as a result of the suspension or termination of this account by Tekniker Bilişim for any reason. Tekniker Bilişim reserves the right to refuse the opening of the customer account without any justification.
2.6 The customer will be realized by sms to the phone number registered in the telephone system using the customer name and password determined by the program itself. The protection of the security and confidentiality of the password is entirely under the responsibility of the customer. In addition, users of the program can register the phone numbers of third parties and send informational messages through the MEDIKBASE system. For these messages, Tekniker Bilişim can receive services from a telecommunications company that it wants. Tekniker Bilişim may charge all or part of the messages sent by the customer from its customers using the messaging system. Any data entered into the program is considered to be entered by the authorized customer. Any legal and criminal liability arising from these activities belongs to the customer. If the customer is aware that the password has been captured by unauthorized persons or that its security has been violated, it will immediately notify Tekniker Bilişim.
2.7 The customer agrees and undertakes that Tekniker Bilişim and Medikbase are not responsible if the services it purchases on its behalf or on behalf of its customers cause any legal dispute or cause civil liability, and that all responsibility for the services it purchases is solely belong to customer. It is not possible for the customer to cause any damage/s to third parties during the use of the service under the agreement and to make any claim and/or request to Tekniker Bilişim in any way if the damaged third parties make any request from the customer and/or initiate legal proceedings against the customer, and the customer is responsible for all the resulting damage/s.
2.8 The customer may authorize a third party - “authorized customer”- to use the program in different time periods. The scope of authorization will be determined by the customer. Customer will always be able to control the authorized customer's level of access to the program and may change or revoke its access level without justification. In case of any dispute regarding access to the program, the customer's decision shall be deemed valid.
2.9 The customer agrees, declares and undertakes that it is the owner of any data that it uploads to MEDIKBASE to take advantage of the program and services, and that it has all responsibility for the data. In accordance with this signed agreement, the customer agrees that Tekniker Bilişim has the right to use the data. Ensuring compliance with provisions of international applicable law and other relevant legislation regarding the services offered by Tekniker Bilişim and any announcements and notice that it will publish and the content and accuracy of any personal data are under the customer's responsibility. Tekniker Bilişim is not responsible for any loss or damage caused by the content. Within the framework of the requirements arising from the legal legislation, Tekniker Bilişim can delete the content and application at any time. Customer accepts and declares that Tekniker Bilişim is not responsible for any damages and losses that may occur in this context, including data lost.
2.10 Conformity with international law and practice and international legislation on the protection of personal data with regards to any personal data, including personal data of a third party that the customer uploads to Medikbase and informing data owners about collection, processing, storage, transfer, deletion, destruction or anonymization of data and receiving all the necessary explicit consent of data owners for above purposes are under responsibility of the customer. Any damages and any legal and criminal liability arouse/to be aroused from the fact that the necessary information has not been given to the data owner third parties and the statements have not been received, belong to the customer. Customer accepts and declares that Tekniker Bilişim has no responsibility in this sense.
2.11 If customer keeps program or application in a third person's computer or network systems because customer agrees, accepts and declares that it will operate in ways that do not jeopardize the security of computer and network systems of third parties, it will not upload data in violation of law and regulations, it will not exceed powers granted, unless there is absolute necessity computer programs used will not be changed, copied the source code will not be created and undertakes that it will not do or will not generate the reverse engineering process.
2.12 The customer is responsible for any content uploaded to the program. Tekniker Bilişim does not guarantee that there will be no loss of content. It is the customer's responsibility to store copies of the contents. Tekniker Bilişim is not responsible for the loss of content and data that may occur in any way.
2.13 customers already agree that future use of the program may be subject to restrictions, including storage capacity and the number of monthly operations. If such restrictions are applied, they will be specified in the application. Restrictions will apply upon the start of the new membership period.
2.14 The customer agrees, declares and undertakes that if communication tools are provided through the program, it will only use these communication tools in accordance with the law, in a way that does not harm the company and third parties.
2.15 Tekniker Bilişim has the right to revise this agreement and its annexes without any prior notice. If this right is exercised, the relevant amendment will enter into force with the next use of the program.
2.16 If it is determined that the customer has acted contrary to the terms and conditions contained in the provisions of this agreement, Tekniker Bilişim may freeze the customer's membership or terminate the customer account by unilaterally terminating the agreement. Tekniker Bilişim reserves the right to claim damages arising from such violation from the customer.
2.17 Some or all of the services covered by this agreement may be obtained from another service provider within the country and/or from service providers abroad. All data uploaded by the customer can be stored in the data centers of service providers in Turkey and/or abroad, which will be determined by Tekniker Bilişim. By signing this agreement, the customer agrees to this provision and agrees that all uploaded data can be stored abroad and services can be purchased from abroad. In this case, any damages and any legal and criminal liability arouse/to be arouse belong to the customer. Customer accepts and declares that Tekniker Bilişim has no responsibility in this sense.
2.18 Customer declares, accepts and undertakes that any software on the servers other than the software allocated to customer by Tekniker Bilişim is licensed and that Tekniker Bilişim will be indemnified by customer for any damages/losses that may arise due to customer's use of unlicensed software.
2.19 By signing this agreement, the customer agrees that Tekniker Bilişim may change the technology used to store data at the time of request, Tekniker Bilişim may select and modify business partners when necessary.
3. RIGHTS AND OBLIGATIONS OF TEKNİKER BİLİŞİM
3.1 Tekniker Bilişim will prepare the necessary infrastructure so that the customer can benefit from the services purchased on behalf of itself and/or its customers.
3.2 If the customer informs Tekniker Bilişim of information about the services that they will deploy, Tekniker Bilişim will provide the customer with a secure address and the necessary user name and password that will provide access to this address. The security of the user account information belonging to the customer is entirely under the responsibility of the customer and Tekniker Bilişim and/or MEDIKBASE are not responsible for unauthorized access. The customer is responsible for the operations it makes with its user account.
3.3 Tekniker Bilişim reserves the right to enter into an agreement with a third party and/or organization for any of its obligations to fulfill the obligations that constitute the subject of the agreement.
3.4 Tekniker Bilişim will provide technical support services to the customer within the scope of the service it receives by e-mail from 09:00 to 18:00 every weekday, except public holidays. No action will be taken outside of technical support hours and support requests will be deemed not requested. The customer accepts, declares and undertakes that Tekniker Bilişim is not obliged to provide technical support to the customer's customers.
3.5 Tekniker Bilişim undertakes to eliminate hardware and software problems that may occur on physical machines located in its environment and caused by its own defect.
3.6 Tekniker Bilişim cannot be held responsible if it is unable to perform its obligations, which constitute the subject of this agreement, in a timely manner due to technical failures that may occur in the telecommunications infrastructure and technical problems that may arise outside the control of Tekniker Bilişim. However, from the end of technical failures caused by third parties that cause service failure to be performed on time, incomplete and timely services and commitments that cannot be performed on time will be fulfilled by Tekniker Bilişim as soon as possible, provided that they can still be performed.
3.7 Tekniker Bilişim will carry out the service that is received relating to submissions via electronic mail, and Tekniker Bilişim will not have any liability for content of electronic mail, does not warrant that e-mails to be received by customer accepts, agrees and declares that Tekniker Bilişim has no any responsibility whatsoever in these issues.
3.8 Tekniker Bilişim may make changes or restrictions to the modules and features offered to the use of customer. In such a case, the customer cannot make refund or similar requests. If the customer needs technical support it may request help through admin@medikbase.com or at the contact number. Before contacting Tekniker Bilişim, the customer will make reasonable efforts to identify and solve the problem.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
4.1 All rights, interests and ownership in the programs and applications covered by this agreement belong to Tekniker Bilişim. The customer has no right to change the program. If it has been modified in violation of this article, all rights to the new software or program will belong to Tekniker Bilişim.
4.2 customers may not transfer the rights and obligations arising from the agreement and use of the program to third parties and institutions without the written consent of Tekniker Bilişim and cannot perform unauthorized and illegal access to third-party computers, user accounts and other networks, and cannot use these paths for activities designated as a facilitator. Tekniker Bilişim may terminate the agreement without any obligation to pay compensation under any title as soon as a situation develops contrary to this provision.
4.3 In accordance with this agreement, the customer grants the right to use to Tekniker Bilişim for the provision of services and use, copying, transmission, storage of content. Tekniker Bilişim has the right to sublicense content to third party developers for the purpose of providing services.
4.4 Customer may not copy, modify, reproduce, source code the program or software in any way, disrupt its order, functioning, reverse engineer, compile back, copy its structural features, open them to anyone's information, disclose them, make third parties use and use the same on its own behalf and account, except for the purpose of the agreement.
4.5 The customer may not engage in any advertising activities related to the products, services and/or corporate identity of Tekniker Bilişim and Medikbase without written permission, nor may use the brands, logos, emblems of Tekniker Bilişim and Medikbase in any way, directly or indirectly, in any medium without written permission.
5. PRICING AND PAYMENT TERMS
5.1 The use of the program may vary based on the customer's request. Tekniker Bilişim is authorized to provide the services contained within the scope of the agreement to the customer's service for free or paid.
5.2 The customer may use the program if it has fully and completely fulfilled the payment conditions and options specified by Tekniker Bilişim on the corporate site or in the program.
5.3 Tekniker Bilişim may allow the customer use the program free of charge for a certain period of time. At the end of this period, the customer will continue to use if payment options specified by Tekniker Bilişim are fulfilled and payment is made. If no payment is made, the service provision will cease.
5.4 Fees and payment terms and effective dates for the use of the program on Tekniker Bilişim's corporate site, program or www.medikbase.com will also be announced in the relevant sections. Customer is entitled to choose, pass between packages and have the right to change the membership package at their own request. Unless otherwise provided by Tekniker Bilişim transfers between packages and related requests will be made at the end of the relevant membership period. Any price updates that can be made regarding membership packages will be valid upon the start of the new membership period. No refund will be made if the membership expires for any reason, including termination of the agreement.
5.5 The customer shall make all payments for the service it has received through its own virtual pos accounts with the panel provided by Tekniker Bilişim. In addition, the customer agrees in advance that Tekniker Bilişim cannot be held responsible for any failures related to service payments.
5.6 Tekniker Bilişim is entitled to change the payment system. If the automatic payment system is used by Tekniker Bilişim, the customer agrees to comply with automatic payment system by signing this agreement. In this case, at the beginning of the service, the customer undertakes to register a valid credit card that it has the right to use over the internet in the system. The customer is responsible for the up-to-date of the credit card information provided to Tekniker Bilişim for collection during the period during which the agreement remains in force. If the credit card expiration dates changes, the customer will inform Tekniker Bilişim of the current information. In addition, the customer declares that records in the databases of Tekniker Bilişim will be based on payment and invoice operations for subsequent periods. As a result of the charge-back objections that the original card holders will make due to the improper use of someone else's credit card information, the amounts that Tekniker Bilişim will have to pay back, as well as the interest on these amounts and the loss of income that Tekniker Bilişim will incur and all losses will be indemnified in cash and due time by the customer without any notice or warning or provision from the courts at the first request of Tekniker Bilişim.
5.7 Customer agrees to pay any amount arising from the content of the service usage, use of the service in excess of its authority, late payment fees and any amount imposed by any authority due to the use of the service like customs duties, fees, taxes, withholding and/or other fees.
5.8 After the establishment of the necessary technical infrastructure for providing the service, normal service usage fees will be charged for this period if the provision of the service is delayed for some reason caused by the customer. It is the customer's obligation to resolve all failures that do not arise from Tekniker Bilişim and that will occur within the customer's own units and Tekniker Bilişim has no responsibility in this regard.
5.9 In case Tekniker Bilişim uses automatic payment service, at the end of each monthly / 3-monthly/twelve-monthly period, Tekniker Bilişim will inform the customer that it has an invoice and the amount to be paid by e-mail 5 days before the end of the service period and will automatically collect payments from the credit card. Customer accepts, declares and undertakes that it has authorized Tekniker Bilişim regarding automatic collection from credit card. If the agreement is not terminated by the customer in accordance with this agreement, the agreement price will continue to be charged on the credit card, and claims that the service is not used or similar will not be taken into account. If the service fee is not paid by the deadline, Tekniker Bilişim may partially or completely stop the service. In this case, the customer accepts, declares and undertakes that it cannot request compensation and other payment from Tekniker Bilişim under any name.
5.10 In case Tekniker Bilişim cannot deliver the invoice to the customer for any reason, or if the customer cannot receive or read this invoice in any way, the responsibility does not belong to Tekniker Bilişim. The customer accepts and undertakes that it is obliged to follow the invoice days and cannot claim any rights or compensation from Tekniker Bilişim on the grounds that it has not been notified.
5.11 Tekniker Bilişim will inform the customer of the service fees as indicated in the notification article. Tekniker Bilişim may unilaterally change the fees. Future changes in service fees will also be notified to the customer by the same way or means. Customer's continued use of the service means that it has agreed to pay on the terms of the applicable agreement and the applicable price tariff. Otherwise, the customer must report the situation to Tekniker Bilişim.
5.12 Tekniker Bilişim will inform the customer of the renewal period date via pop up message upon entry to the program prior to the renewal period. For continuation of membership of customer it should not have any debts to Tekniker Bilişim and customer accepts, agrees and declares that Tekniker Bilişim is not required to keep track of unpaid amount and to notify customer for such amounts to be due and payable.
5.13 Tekniker Bilişim is not responsible for any loss of data or other damage that may occur during this period when the relevant service is stopped in relation to non-payment of the service fee. The customer cannot claim any rights and/or compensation from Tekniker Bilişim in this regard.
6. WARRANTY AND LIABILITY LIMITS
6.1 Tekniker Bilişim makes maximum efforts to make the program work in the most ideal way. It does not make a commitment that the program will meet all the needs and expectations of the customer; program is flawless, error-free and perfect. The program is accepted by the customer in the form offered by Tekniker Bilişim. Positive and negative situations arising from the use of the program belong to the customer. Tekniker Bilişim never makes any tacit or public special guarantees regarding the program.
6.2 Because access to programs and applications, and their quality is largely directly related to the quality of service provided from the Internet service provider customer accepts and declares that Tekniker Bilişim has no responsibility problems caused by an internet service provider.
6.3 The customer is responsible for any information, data and content that it uploads to the program. The customer is responsible for any claims and requests that may be transmitted by third parties, including intellectual property violations, arising from the use of the program, and Tekniker Bilişim cannot be subject to such claims and responsible for this.
6.4 Tekniker Bilişim makes maximum efforts to ensure the security of all pages in the program. It uses all kinds of technical and scientific methods and practices to protect the confidentiality, integrity and security of the data and information registered in the program. Those who use the program with all levels and authorizations, knows and accepts that the internet environment contains risks, it is not a secure environment, all kinds of personal information and passwords, etc. may be subject to illegal acts by different people. Tekniker Bilişim does not provide any guarantees in this regard. Tekniker Bilişim is not liable for any direct or indirect, special or incidental damages caused by the use of the program. Customer also declares that Tekniker Bilişim does not provide any warranty, clear or latent, limited or unlimited, related to the program.
6.5 Customer's liability for material or immaterial damage, loss and/or claims that may arise due to the use of the program and/or this agreement is limited to the “membership fee” paid, if any, for the last purchased membership service of the program, and Tekniker Bilişim has no liability for free use. Tekniker Bilişim is not responsible in any case for financial results and indirect damages such as loss of data, loss of profit and special damages and/or subsequent losses.
7. ENTRY INTO FORCE AND TERMINATION OF THE AGREEMENT
7.1 This Agreement shall enter into force upon acceptance by the customer in electronic form or in the form of a wet signature and shall remain in force unless the parties terminate as specified below.
7.2 If the customer uses the services free of charge, it always has the right to terminate the agreement.
7.3 If the customer benefits from the services on a paid basis, it has no right to terminate the agreement before the end of the service period. If the customer violates applicable legislation, the customer declares bankruptcy or concordat or fails to pay its debts, it is determined that the service received has been abused in any form and/or method, or signs of abuse are found, or in case of similar justifiable reasons, Tekniker Bilişim may immediately terminate this agreement unilaterally and without compensation, without any time and condition. In case of termination of the agreement by Tekniker Bilişim, the customer's user account may be frozen or partially or completely closed and the service provided under this agreement may be stopped without any notice. The customer is responsible for all fees and expenses that were incurred to that day and will not request a refund from Tekniker Bilişim.
7.4 In case of failure to receive the necessary payments from the customer or late receipt, Tekniker Bilişim may terminate the agreement and does not refund the service fees paid by the customer in advance.
7.5 Tekniker Bilişim may terminate this agreement if the customer's account is passive for 6 (six) months.
7.6 Any party may terminate the agreement at any time without any justification or compensation by sending a statement of termination in writing to the other party's registered e-mail address or workplace postal address 15 (fifteen) days in advance. Termination of the agreement shall not eliminate the rights and obligations of the parties arouse up to this date. Upon termination of the agreement, the customer shall be responsible for all fees and costs until the end of the agreement period. Customer will not be refunded upon termination of prepaid memberships. In this case, Tekniker Bilişim will not renew the period following the period of use in which the customer uses program. However, in this case, the customer cannot request a refund for the service period during which it will not receive service from Tekniker Bilişim. On the expiration date of the agreement, the customer's debts to Tekniker Bilişim will be collected from the credit card account on the expiration date.
7.7 Tekniker Bilişim may unilaterally terminate, modify or renew the agreement in accordance with the new obligations stipulated by Telecommunications Authority, etc. institutions from which it receives services.
7.8 Tekniker Bilişim is entitled to store program content in databases, including any personal data, as long as the agreement is in force. If the agreement or membership expires, the customer will not be able to view the content of the program. However, within 3 ( three) months after the end of the agreement or membership, the customer may request the content that it has uploaded to the program without a one-time fee and at the end of this period, all requests will be subject to a fee. Fees will be specified in the program. All kinds of content and personal data will be presented to the customer with the formatting determined by Tekniker Bilişim. Tekniker Bilişim reserves the right to charge fees for certain activities, such as the delivery of content with a certain formatting.
8. PRIVACY AND DATA PROTECTION
8.1 Customer accepts and undertakes in advance that it will accept mainly product, service prices and customer information, all information it has learned due to the commercial relationship it has established with Tekniker Bilişim under this contract about Tekniker Bilişim, both in written and electronic form, information provided/transmitted to it and financial provisions in the contract as confidential information and trade secret and will not disclose this information for any reason and/or share it with third parties and if customer acts in violation of this article, it will pay two times of annual service price as penalty conditions and that it will cover all the damages that Tekniker Bilişim incur for this reason..
8.2 Tekniker Bilişim undertakes that it will recognize customer's commercial and technological secrets it learned under agreement as confidential information, treat in an orderly manner and protect and will not disclose and/or share with third parties unless there is a decision of a court, administrative orders and/or obliged to disclose under applicable law.
8.3 Both parties shall use confidential information only in accordance with the purpose of its issuance and limited to that purpose. Parties will not provide and/or disclose confidential information in any way to the information of third parties, in part or in whole, natural and/or legal persons, without the written permission of the party concerned. Both parties may disclose confidential information to their personnel and third parties they cooperate, however, in cases of necessity for business purpose and they will take all kinds of precautions to protect confidential information by alerting personnel and third parties about confidential information in accordance with this agreement.
8.4 In cases where there is a court decision, administrative order and/or disclosure is required in accordance with the applicable legislation Tekniker Bilişim can share Information, documents, etc. contained within the scope of customer services with third parties or institutions. When Tekniker Bilişim encounters such a situation it may observe customer information without notice, may review or also share this information with third parties or institutions. The customer cannot claim any rights and / or compensation in such cases.
8.5 All personal data provided by users will be stored during the period during which the services are provided, in order to provide the MEDIKBASE services. In addition, in the event of any dispute with the user, parties are entitled to store personal data for a limited period of time determined in accordance with the relevant legislation in order to implement the necessary defenses in accordance with the dispute. Traffic information storage obligations specified in law 5651 and related regulations are reserved.
8.6 With respect to ensure the confidentiality and security of patient information and all other information, health data of third parties that the user uploads to the Medikbase cloud system, personal data of special nature parties will act in accordance with the regulation on the processing and privacy of personal health data and other applicable legislation.
9. OTHER PROVISIONS
9.1 The invalidity, illegality of any provision and phrase of the agreement does not affect other provisions of the agreement, and does not invalidate the rest of the agreement. This agreement has integrity together with its annexes. If there is a difference between the agreement and the attachments, the attachments will prevail.
9.2 Except as otherwise stated in the agreement, the records of Tekniker Bilişim shall be final and valid evidence for all operations to be made by the customer.
9.3 The customer will be contacted by e-mail or general information on the site that it has registered in the system when signing the agreement or purchasing the program. Any communication to e-mail will replace written communication. It is the customer's responsibility to keep the e-mail address and accuracy up to date.
9.4 In case of force majeure or unexpected circumstances and cases such as when Tekniker Bilişim cannot provide the service at all or is delayed or incomplete Tekniker Bilişim has no responsibility and in case of force majeure or unexpected situation lasts more than 15 days this Agreement shall be terminated by itself, without prejudice to the right to request and collect the accrued receivables of Tekniker Bilişim.
9.5 In cases of disputes arising from this Agreement and its annexes, the laws of Turkey will apply, and the courts and Executive Offices of Istanbul Anatolia will be considered authorized.
