HERA Mobile Application User Agreement
1.1. This User Agreement is issued between the Medical Search and Rescue Association (MEDAK) (Application Owner) at the address Esentepe Mah. Füsun Sok. Sivil Savunma Müd. Kartal Sit. No: 4 Kartal istanbul” and the person (User) registered to the HERA mobile application, and once the User who has benefited from the application under the Agreement completes the membership registration and electronically confirnms that he/she has read, understood and accepted this Agreement, the Agreement shall be executed and enter into force mutually.
2. Subject of the Agreement
2.1 Subject of this Agreement is the determination of the mutual rights and obligations of the parties, services and the conditions for benefiting from the services offered in the HERA mobile application which is supported by Grand Challenges Canada-Bold Ideas supported by Big Impact® fund, ++ developed by the company W AJANS YAZILIM VE REKLAM LTD. ȘTI. resident at the address “Petrol Sitesi Yolu Sok. Petrol Sitesi 8. Blok D: 8 Nispetiye Beşiktaş Istanbul” and belongs to the Medical Search and Rescue Association (MEDAK).
3.1 Mobile application: The name of the mobile application is ‘HERA (Health Recording Application) and the mobile application named HERA refers to the mobile application software running on all mobile devices and the services provided in connection with this software. HERA is a mobile application that is developed to provide an increase of prenatal care among Syrian refugee women in Turkey and the increase of the vaccination among Syrian refugee children.
3.2 Member/User: It refers to all the persons benefiting from the services provided by the mobile application in accordance with the conditions stated in this Agreement by registering the mobile application with the means and methods speciTied in thiS Agreement.
3.3 Application access tools: It refers to the user’s account management page and the information within the knowledge of the User only such as the user name and password that provides access to the application.
3.4 Services: It refers to all transactions included in Article 4 of the Agreement, which will be utilized by the Users via HERA application.
3.5 Communication channels: It refers to the Application and the push notification communication channel.
3.6 Personal information/confidential information: It refers to Personal name, surname, address, phone number, e-mail address, answers to questions about the user’s health in order to perform the service provided by the application, images of the health reports that the user may attach to the application by his/her own will and all kinds of text, visual signs and information to identify the user.
4. Rights and Obligations
4.1 Rights and Obligations of the Medical Search and Rescue Association (MEDAK)
4.1.1 The Medical Search and Rescue Association will provide the services that it undertakes at the user’s request through HERA application. Services that HERA committed are to send push notifications via the application before the date control of Syrian refugee women in Turkey in order to develop prenatal care services for these women, to improve the vaccination rate of the children of Syrian refugee women between 0-2 years of age by sending push notifications prior to their vaccination periods, to share health information related to pregnancy and children, to provide advice on these issues, to present a platform where users can store electronic health records and display this information only when they wish.
4.1.2 The information provided by the application owner and the health contents provided are only for advisory purposes and are not intended for diagnosis or treatment. The user shall not hold the application owner responsible for any medical, social and legal matters that may arise regarding the use of the application or the recommendations shared. Also, the application owner does not guarantee users that the application will operate uninterruptedly for 7 days and 24 hours and does not provide any service or performance level commitment in this regard. The effective use of the application and all the consequences of such use shall be under the responsibility of the user, and the MEDAK shall not be liable in any way whatsoever for the improper or incomplete results of the application itself, and for the direct and indirect damages that may arise from such consequences.
4.1.3 Application owner is not responsible for the actions of the third parties, force majeure, health service providing institutions and organizations that the Republic of Turkey Ministry of Health assigned to ensure free vaccination of children between the ages 0- 2, issues arising from the staff working in the institutions and organizations in question, health service providing institutions and organizations that the Republic of Turkey Ministry of Health assigned to ensure free prenatal care services, issues arising from the staff working in the institutions and organizations in question, interruptions or failures in service provision due to situations such as internet outages and connection problems.
4.1.4 Membership of the application is free of charge. The service provided by the application is free of charge. The application is for private and individual use. At the registration stage, users will be able to access the application using their phone numbers and passwords. The application owner is not liable for any situation in which the user may give his/her user name and password to a third party or lose such information.
4.1.5 The application owner will use all the information of the users in the field studies and prospective scientific articles. The application owner reserves the right to share the information mentioned above with Grand Challenges Canada-Bold ldeas with Big [email protected] fund. Users acknowledge and agree that this information may be used by the application owner and Grand Challenges Canada-Bold ldeas with Big Impact®. The user cannot claim any rights on information sharing unless the user ceases to use the application, deletes his account and leaves the work in the HERA mobile application. The information sharing in question is not for advertising or commercial purposes. The user accepts and undertakes that the intellectual and industrial property rights of the HERA application belong to MEDAK and that he/she will not reproduce copy, distribute and process images, texts, visual and auditory images, files, databases, catalogs, information that explains treatment processes and any content in the application and not act in a way to encroach the rights and assets of the application ovwner. The only person responsible for the damages that may arise due to these reasons mentioned above will be the user and shall immediately reimburse the application owner against such claims.
4.1.6 The user’s mobile device may request that the user is connected to the internet over Wi-Fi to access the App Store or Google Play Store applications to download and update the application. The General Terms and Conditions of the App Store or Google Play Store wil apply depending on the type of mobile device and the use of the App Store or Google Play Store. All rights of the application belong to MEDAK and MEDAK reserves the right to modify, add, remove and update the contents of the application. Due to the updates to be made, technically insufficient devices may not be able to use the innovations in the application. Terms and Conditions X
4.1.7 The user agrees that in cases where MEDAK is obliged to make a statement to the public authorities in accordance with the provisions of the mandatory legislation in force, MEDAK shall be authorized to disclose the confidential/ personal/ health information of the members to the official authorities if such information is requested by public authorities in due form and that no compensation can be claimed from MEDAK for any reason whatsoever. In the same way, the user agrees that MEDAK shall process the personal data of the users in accordance with the principles and processing requirements of the data processing stipulated in the Law on the Protection of Personal Data No. 6698 (LPPD) and shall inform its employees in accordance with the LPPD.
4.1.8 Users acknowledge and undertake that the information required by them at the registration stage of HERA and in the application is correct and lawful. MEDAK shall not be responsible and liable to investigate and verify that the information and contents uploaded, modified and provided by users to HERA is true, or that such information and contents are safe, accurate, and in compliance with the provisions of this Agreement and law and it shall not be held responsible for any damages resulting from incorrect or erroneous information and contents and/or referrals to other websites through these contents. The user undertakes that the contact information provided in the relevant sections of the application only belongs to him/her and that they are only the contact information under his/her control and this contact information is actively used by him/her. The application owner shall not be held responsible for any damages that may occur as a result of the fact that this contact information does not belong to the user or the does not actively use the contact information.
4.1.9 MEDAK does not have any responsibility for the content published by third parties including the user on the application and on the websites which are linked through the application. The commitment of the accuracy and legality of the information, content, visual images and audio items provided and broadcast by any third party is the responsibility of the persons who perform these actions in its entirety. MEDAK does not warrant and undertakes the security, accuracy, and legality of the services and contents provided by third parties. 4.1.10 The user and MEDAK are independent parties. The approval and performance of this Agreement shal not result in a partnership, agency or employee- employer relationship between the parties.
4.2 Rights and Obligations of the User
4.2.1 The user must fill-in and update the requested information in a complete and true form and update if necessary. The user is responsible for filling the information completely and right. 4.2.2 The user accepts and declares that the application works with the internet connection, some application contents, images, and images are displayed via the internet connection and that the internet usage fees via Wi-Fi or internet package will be at his/her own expense and is informed of in this respect.
4.2.3 The user accepts and declares that the information provided by the application is not for diagnostic and treatment purposes, is only for advice and briefing, and that the use of the content is solely his/her responsibility.
4.2.4 The user acknowledges that no content in the application supersedes any information recommended by a physician and that it is his/her discretion and responsibility to use the information in the application. Terms and Conditions
4.2.5 The user acknowledges and agrees that the information he/she gives to the MEDAK through the application will be stored in a database for a period determined by the MEDAK. MEDAK shall be able to use the user information related to the membership indefinitely, for purposes such as user security, the performance of its obligations and some statistical evaluations. The user agrees that the information can be used in the cases specified in Article 4.1.5. and that the information he/she provides cannot be changed unless he requests.
4.2.6 Each user is obliged to attend the training to be given before using the application and to sign the consent form to be given in this training. Users agree that participation in the study, which includes the HERA application, is on a volunteer basis and that they have the right to leave the study without stating a reason at any time. In case of leaving the study Article 4.1.5. and Article 7 shall apply.
4.2.7 Users agree that, in the event of a difference between the consent form signed during the participation phase and the training provided and the present Agreement, the articles in this Agreement are valid.
4.2.8 Users are responsible for storing and securing the user name and password they use to access their accounts. The application owner cannot be held responsible for the use of this information by third parties, the acquisition of it by third parties and/or the use of the information obtained from the user accounts utilizing this information and any problems that may arise under these circumstances.
5. Amendments to the Agreement
Depending on the conditions of the day and changes in the relevant legislation, the MEDAK may amend this User Agreement or any provision thereof at any time it deems appropriate by communicating it in the mobile application.
6. Termination of Membership
The Agreement which contains the above rules which you will be deemed to have accepted as a user of HERA, may be terminated unilaterally with immediate effect by HERA/MEDAK at any time without any justification, without any prior notice, and without any obligation to pay any indemnity and the user’s right to use the application may be terminated.
7. Applicable Law and Authority
7.1 The User hereby agrees, declares and undertakes that he/she has read, understood and accepted this Agreement and confirms that the information he/she has given about him/her is complete and correct.
7.2 Turkish law shall be applied in the performance, interpretation, and management of the legal relations arising under this Agreement. Istanbul Anatolian Courts and Enforcement Offices are authorized for any dispute that arises, or that may arise out of this Agreement.
7.3 This Agreement consists of 7 (seven) articles, and upon the electronic approval of the user, it has been mutually accepted and entered into force.