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Terms and Conditions

These Terms of Service (the “Terms”) together with Our Privacy Policy form the entire Agreement between Medica Win (hereinafter appertained to as, “Medica Win”,“Company”, “We”, “Us”, “Our”) and You as an individual (hereinafter appertained to as “You”, “Your”, “User”, “Client”, “Patient”).

This Agreement governs the use of the Company’s Website: www.medicawin.com/ (the “Website”) and Services rendered by Medica Win (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 in order to comply with these Terms. In the event You disagree with this Agreement in full or any portion of it, please directly stop using the Website and/or the Services.

Medica Win reserves the right to, from time-to-time, introduce changes to the terms of the Agreement with or without prior announcement 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 interpretation of the agreement please stop using the website and/or the Service.

Please note that in order to use the Medica Win Website and/or the Service You must be of legal age to do so and to be eligible to operate similar 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 Medica Win and an individual under legal age at Our sole discretion and without notice to the existent.

SERVICE

Medica Win 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 handed with a range of medical service providers, including but not limited to hospitals and clinics (“Medical Providers”).
Medica Win doesn’t assign a Patient with a specific Medical Provider, it simply provides a list conforming of most suitable Medical Providers grounded on specific requirements of a Patient (e.g. language,, medical statusetc.). Similar list of Medical Providers will include the name, address, expertise, specializationetc. 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, that is available on the Website is gathered either from the Medical Providers themselves or by manually gathering similar information from sources We believe are dependable. We do Our best to make sure that similar information is accurate and over-to-date. However, Medica Win cannot guarantee and cannot be held responsible for the accuracy and preciseness of similar information. Medica Win won’t be liable for failure to provide accurate information from a Medical Provider, nor shall the Website be regarded as a representation, recommendation or countersign of the service quality and the specialization of the Medical Providers.

NOTE: Medica Win isn’t a medical service provider, but an intermediary between the User and the Medical Provider. Therefore, any information handed on the Website and/or through the Service including, but not limited to, the information handed by the Medical Providers and any other third-parties cannot be viewed as a proper medical consultation or medical examination and cannot be used to on one’s own to decide whether to proceed to the medical treatment or to terminate it.
Some pharmaceutical products displayed on our website may be interdicted in certain authorities, please be cautious when choosing your type of medication, it’s your sole responsibility to make sure that you comply with the law of the country you’re resident and/or citizen of.

SECOND OPINION & SERVICE CHARGE

Medica Win provides its Users with Second Opinion upon User’s request.         
Users do not pay for Medica Win’s Services
Second Opinion is a Service provided by Medica Win, 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. Provision of this service may depend on User’s condition. In order to be able to utilize the Second Opinion service, User should get a primary care from a local medical specialist prior to proceeding to the use of the Medica Win’s Second Opinion.

By ordering the Second Opinion service the User agrees and accept 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 which is generally gathered through an in-person examination;
  •  The absence of an in-person examination may affect the medical specialist’s capability to diagnose Your condition, disease or injury.
    Furthermore, the User agrees that Medica Win reserves a right to review at any time the User ’s medical records from before and after Your interaction with the Website and all kinds of records created as a result of portals and services received. Medica Win 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 Medica Win in order to get better a understanding of the course of treatment for User ’s condition(s) including information related to outcomes and costs, it can also be used to improve reviews, treatments and recommendations. Moreover, the User agrees that in case that Medica Win does not have the right specialist in the Provider’s network, Medica Win may contact third-parties outside of Medica Win’s network.
    Furthermore, by requesting any services through the Website or its portals, the User provides Medica Win 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 definitely 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 a right to provide medical records on behalf of a third-party, but only if User provides prior notification to Medica Win that:

  • The third-party is a User ’s family member;
  • The user has obtained prior consent from the third party to represent himself;
  • The third party cannot make claims on its own through the Website or its portals.

Note: in order to receive any kind of services from Medica Win, the User shall provide current and accurate identification, contact and any other relevant information required to verify User’s identity and eligibility. It is the User’s sole responsibility to maintain the accuracy and completeness of this information. By providing this information, the user declares that the information is correct and accurate. When all of required documentation is received and documents are complete and accurate, Medica Win will proceed to gather the User’s medical records and afterward will create a Medical Case. According to the information by the User, Medica Win will match the Medical status of the User and at least one Medical Specialist in or outside the Provider network of Medica Win will be selected according to the specialty under which the User’s diagnosis falls.After choice was made Medica Win will collect the complete medical records in accordance with Medical Specialist’s need to provide a Second Opinion. We will inform You via email or another communication method once the full Medical Case is ready, also We will forward the Case to our Medical Specialist of Your choice. The User will receive Second Opinion service within 7 (seven) business days after receiving all documents from You. The Second Opinion will be sent via email or other online communication 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, MEDICA WIN 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. MEDICA WIN AND ITS EMPLOYEES, MANAGEMENT, PARTNERS, SHAREHOLDERS, AND AGENTS DO NOT BEAR ANY RESPONSIBILITY FOR FAILURES OF ANY KIND OR SHUTDOWN OF WEBSITES CAUSED BY BUSINESS INFORMATION, PROFIT OR OTHER FINANCIAL LOSSES RESULTING FROM ANY CLAIMS, LOSSES, LEGAL ACTIONS OR OTHER INCIDENTS RESULTING FROM THE APPLICABLE TERMS OF USE OF THE WEBSITE. ALSO, ANY RIGHTS INCLUDING EVEN IN THE EVENT MEDICA WIN 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. MEDICA WIN 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.
THIS WEBSITE MAY HAVE LINKS TO THIRD PARTY WEBSITES. SUCH LINKS ARE PROVIDED ONLY FOR THE USER’S CONVENIENCE. MEDICA WIN SHALL NOT BEAR ANY LIABILITY IN CASE OF ANY DAMAGES OR LOSSES, DIRECT OR INDIRECT, DUE TO A VISITATION ORIGINATING FROM MEDICA WIN, 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 MEDİCA WİN, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS AND AGENTS (COLLECTIVELY, THE “MEDICA WIN PARTIES”) HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITY, LOSSES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) INCURRED BY ANY MEDICA WIN 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 in the website ( including textbook, plates, software, photos and other images, vids, sound, trade marks and logos) are possessed 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 possessed by Us or Our licensors and You admit that You don’t acquire any power rights by downloading any information, penetrating the website or using the service.

Our website may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to give You with access to information, products or services that You may find useful or intriguing. We aren’t responsible for the content of these sites or for anything handed by them and don’t guarantee that they will be continuously available. The fact that We include links to such external sites doesn’t imply any endorsement of or association with their drivers or promoters.

DATA PROTECTION

Medica Win take Your privacy rights veritably seriously. In addition to these Terms, our Privacy Policy also applies to Your use of our online services. You can find farther information on the running of particular data in our range of services in the Privacy Policy.

WEBSITE UPDATES

We regularly modernize specialized, content and other information on the Website. However, We make no claim in guaranteeing the absoluteness, delicacy, and compliance of the information handed at the Website. We’re able to add, review or cancel information, resources, and services posted on the Website.

SOFTWARE AND COMPUTER VIRUSES

Sometimes, Website malfunctions are caused by an Internet connection, software operation, data transmission, etc. and it is possible that the information contained in the Website runners is copied incorrectly or incompletely. In addition, Website operators may contain vicious laws or programs infected with computer infections.

We are not responsible and have no liability for the operation of any software, the existence of any computer infection or other vicious law, the existence of destructive or unsafe lines that may be distributed or that may affect the User’s software and hardware. Reviewing the Website, accessing any information on the Website, or downloading any files from the Website. Medica Win does not intentionally distribute any type of virus, however, the Company strongly encourages the use of anti-virus software or other defense programs during commerce with all Websites.

FORCE MAJEURE

In no event shall Medica Win be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or laterally, 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 serviceability, communications or computer (software and hardware) services.

APPLICABLE LAW

The validity, interpretation, and enforcement of this Terms of Use, matters arising out of or related to performance or breach of this Terms of Use, and affiliated matters shall be governed by the internal laws of Turkey. Any legal action or proceeding concerning the validity, interpretation, and enforcement of this Terms of Use, matters arising out of and/ or related to performance or breach of this Terms of Use, and affiliated matters, shall be resolved by negotiations. In case it’s insolvable to reach common result through accommodations all controversies shall be brought simply in Turkey’s courts located in Turkey. All parties concurrence to the exclusive governance of those courts, waiving any objection to the propriety or convenience of such venues.

ASSIGNMENT

The User may not assign or transfer any of User’s rights or scores under these Terms of Service without Company’s previous written concurrence. The Company may assign or transfer any or all of Company’s rights under these Terms of Service, in whole or in part, without obtaining User’s concurrence or blessing.

WAIVER

The Company’s failure to exercise or withhold any right, power or honor under these Terms shall not constitute a disclaimer.