Public offer agreement - Medzdrava

PUBLIC OFFER AGREEMENT

ABOUT PROVISION OF SERVICES

 

RSSC MEDZDRAVNYTSYA LIMITED LIABILITY COMPANY (hereinafter referred to as the “Contractor”), duly registered in accordance with the legislation of Ukraine (identification code of the legal entity 43649915), location: 69114, Zaporizhzhya region, city, Zaporizhia region. medical practice in accordance with the Order of the Ministry of Health of Ukraine № 627 from 02.04.2021, registration dossier from 10.03.2021 № 968/21 / M, represented by the Director – Vladislav Andreevich Mets, who acts on the basis of the Statute, pursuant to Art. 633,641 of the Civil Code of Ukraine, offers an unlimited number of individuals to enter into an Agreement for the provision of services (hereinafter “Agreement”) on the following terms:

 

TERMS

1.1. Services – a list of medical and other related services provided by the Contractor in the manner and under the conditions specified in this Agreement and the Rules and services, which are an integral part of this Agreement.

1.2. Promotional Offers – additional opportunities to the Services provided by the Contractor for all without exception Patients, the list and conditions of receipt of which are determined by the Rules of Service. Offers in particular, but not exclusively, are: discounts, loyalty programs, special bonus programs and more.

1.3. Public offer – a proposal of the Contractor (posted on the Site of the Contractor), addressed to an unlimited number of individuals to enter into this Agreement under certain conditions. The main text of the public offer is not subject to editing in any other way than Additional Agreements and Annexes, dated and posted on the Contractor’s Website, indicating the date of their addition.

1.4. The Contractor’s website is a web page on the Internet at https://medzdrava.com/, which is the official source of informing Patients about the Contractor and the Services provided by him.

1.5. Acceptance – full, unconditional and unconditional acceptance by the Patient of the terms of the Public Offer, in the form of this Agreement and the Rules of Service. Acceptance is carried out by filling in, signing and sending the Patient to the Contractor a written Questionnaire, a copy of which is located directly at the location of the Contractor, and indicates that the Patient is acquainted with the offer posted on the site;

1.5.1. And in case of receiving an online consultation (service) full and unconditional acceptance (Acceptance) of the terms of this Offer is the implementation by the Patient of any actions, the result of which is a record to the Contractor for the service, in particular, but not limited to: contact center, appeal to administrators, self-registration through a personal account, sending an application for registration from the site, etc.

1.6. Patient / Legal Representative – an individual who has Accepted the Contractor’s Public Offer set forth in this Agreement. The Parties understand that the term “Patient / Legal Representative” in this Agreement is used concurrently, as the Patient may be a minor, a minor whose civil capacity is limited and in whose interests his Legal Representative should act. If the Patient is a minor, the rights and obligations set forth in this Agreement are automatically vested in his / her Legal Representative.

1.7. Executor – LIMITED LIABILITY COMPANY “RSSC MEDZDRAVNYTSYA”, which has received permission from patients to process personal data and medical intervention in the manner prescribed by the terms of the Rules of Service.

1.8. Parties – Patient / Legal Representative and Executor.

1.9. Service Rules – an appendix to the Agreement, the terms of which comply with the provisions of this Agreement, which is considered concluded between the Contractor, on the one hand, and the Patient, on the other, from the moment of acceptance by the latter of all terms and conditions of these Rules and this Agreement. a source of settlement of all conditions of rendering of services and privileges, relations between the Patient and the Executor arising in the course of their performance and observance in the corresponding sphere. All advertising, presentation and other materials created and existing for the purpose of development of the Contractor have only informational and reference character and are not a source of settlement of all conditions of rendering of services and Privileges.

 

SCOPE OF THE CONTRACT

2.1. This Agreement is a public agreement (hereinafter referred to as the Agreement), which is considered concluded between the Contractor, on the one hand, the Patient, on the other, from the moment of Acceptance, the latter without exception, the terms and conditions of this Agreement and the Service Rules.

2.2. In the manner and under the conditions specified in this Agreement and the Terms of Service, the Contractor undertakes to provide the Patient with the Services and existing Promotional Offers, and the Patient undertakes to accept them.

2.3. Services and Promotional Offers are provided on the basis of this Agreement and the Service Rules. The actions indicating the agreement to comply with the terms of this Agreement and the Terms of Service are the Patient’s Acceptance of the terms of the Public Offer of this Agreement and the Terms of Service.

2.4. The list, cost, conditions and procedure for providing the Services and Promotional Offers are detailed in the Annexes to this Agreement.

2.5. The Contractor provides Services using own and involved staff.

2.6. The place of rendering of Services and Promotional offers is considered to be the location of the Contractor Ukraine, 69114, Zaporizhia region, Zaporizhia city, Voronezh street, house 22.

2.7. Services are provided within 24 hours / working hours of the Contractor.

2.8. The price of this Agreement is defined as the sum of the medical services provided to the Patient by the Contractor and accepted by him / her Legal Representative.

2.9. The cost of each medical service is determined according to the List of medical services on the date of providing such services to the Patient.

2.10. Payment for the provided medical services is made by the Patient / Legal Representative on the day of completion of the medical service.

 

RIGHTS AND DUTIES

3.1. The patient has the right to:

3.1.1. Use the Services and Promotional Offers throughout their term of validity, including in accordance with the terms of the Service Rules and other appendices to the Agreement.

3.1.2. Use all Privileges, in particular, but not exclusively: discounts, special bonus offers, etc., provided by the Contractor for the purpose of more complete and convenient for the Patient provision of Services and Promotional Offers.

3.1.3. Receive the necessary and reliable information about the Contractor, the scope of the Services and Promotions provided by him, as well as other related information.

3.1.4. Contact the Contractor in writing with suggestions for improving the process of providing Services and promotional offers.

3.2. The patient undertakes:

3.2.1. Provide complete and accurate information and documents necessary to identify the Patient, including to complete the Questionnaire.

3.2.2. Do not allow the use of the Services of third parties, unless otherwise expressly provided by the provisions of this Agreement and the Terms of Service.

3.2.3. When applying to the Contractor for the provision of Services and Promotional Offers, not to violate the requirements of current legislation of Ukraine and accepted by society norms of morality and morality, not to use the results of providing Services and Promotional Offers for illegal purposes, which may violate the rights and legitimate interests of the Contractor and / or third parties.

3.3. The Contractor has the right to:

3.3.1. Involve third parties to provide Services and Promotions that have the necessary qualifications.

3.3.2. Check the information provided by the Patient, as well as the patient’s compliance with the terms of the Agreement and the Rules of Service.

3.3.3. Suspend the provision of Services and Promotional Offers to the Patient for the period of verification of the Patient’s compliance with the terms of the Agreement and the Rules of Service, in case of reasonable doubts about the proper performance of the Patient and / or reasonable suspicion of violating the terms of the Agreement and the Rules.

3.3.4. Unilaterally deny the Patient the provision of Services and Promotional Offers and terminate this Agreement.

3.3.5. Require the Patient to comply with the terms of this Agreement and the Terms of Service.

3.3.6. Use the e-mail address and telephone number provided by the Patient to send letters and messages to the Patient.

3.3.7. Take unilateral decisions to limit or discontinue certain services to ensure patient safety during epidemics.

3.4. The Contractor undertakes:

3.4.1. To provide the Patient with the opportunity to receive Services and Promotional Offers of appropriate quality in accordance with this Agreement and the Service Rules.

3.4.2. Provide the Patient with Services and Promotional Offers taking into account the provisions of the Law of Ukraine “On Personal Data Protection”, the principles of preservation and non-disclosure of medical and / or confidential information.

3.4.2. Provide the Patient with Services and Promotional Offers taking into account the provisions of the current legislation of Ukraine.

3.4.3. Provide the Patient with the opportunity to receive information on the provision of Services and Promotional Offers.

3.4.4. Accept for consideration the patient’s written proposals on the improvement and quality of services and promotional offers.

 

MISCELLANEOUS

4.1. Dispute settlement procedure

4.1.1. All disputes and disputes that may arise in the process of providing Services and Promotions by the Contractor, in connection with the acceptance, implementation and / or violation of the provisions of this Agreement and the Terms of Service, shall be settled through negotiations between the Parties.

4.1.2. In the event of disagreement through negotiations, the Patient reserves the right to make claims, which must be considered by the Contractor within a reasonable time, in order to resolve disputes and disputes in a pre-trial procedure.

4.1.3. In case of failure to reach an agreement between the Parties, through negotiations and the impossibility of settlement in a pre-trial procedure, all disputes and disputes shall be settled in court at the location of the Defendant.

4.1.4. The provisions of the legislation of Ukraine shall apply to the relations of the Parties arising from the adoption and implementation of this Agreement and the Service Rules.

4.2. Additional provisions.

4.2.1. The Contractor reserves the right to unilaterally amend this Agreement. These changes may not affect and limit the quality and scope of Services that are provided during the paid term of provision of Services.

4.2.2. All changes to this Agreement are posted on the Contractor’s website, without editing the main text, dated the changes, and may not impair the rights of the Patient who has accepted the acceptance and is already receiving services.

4.2.3. All changes to this Agreement are published on the Contractor’s Website and may, but are not required, be sent in the form of letters to the Patient’s e-mail address specified in the Questionnaire. In case of a new application of the Patient, the valid offer is valid taking into account the changes made to it.

4.2.4. All changes to this Agreement shall enter into force on the day following their publication on the Contractor’s Website.

4.2.5. Patients are considered to have been notified of the changes made to the Agreement since the publication of these changes on the Contractor’s Website.

4.2.6. Amendments to the Agreement that have entered into force apply to all Patients, except those who are already provided with medical services.

 

RESPONSIBILITIES OF THE PARTIES

5.1. The parties are liable under current legislation of Ukraine.

5.2. The Parties shall not be liable for breach of their obligations under this Agreement if it is not their fault. A Party shall be presumed innocent if it proves that it has taken all necessary measures to ensure the proper performance of the Agreement and its Annexes.

5.3. The parties are not liable to each other for indirect damage (including for lost profits).

5.4. The Contractor shall not be liable if this was due to force majeure. Force majeure means: fires, earthquakes, other natural phenomena, natural disasters, actions of third parties, military actions, adoption of legislative acts and other circumstances independent of the Contractor, which make it impossible for the Contractor to fulfill its obligations in a timely, complete and proper manner. according to the contract.

5.5. The Contractor’s liability to the Patient in case of the latter’s claims / claims for damages and compensation for non-pecuniary damage as a result of failure to provide and / or provision of Services of inadequate quality, confirmed by the expert’s opinion (registered in the register of forensic experts of Ukraine) within the cost of the relevant Services paid for by the Patient or a third party.

5.6. The Parties understand and acknowledge that the discrepancy between the result of providing a Service and the result that the Patient expected and wished to obtain when applying for the relevant Service is not in itself a fact of providing such Service of improper quality and grounds for non-payment for services received.

5.7. In case of late payment for the Contractor’s services, the Patient at the request of the Contractor pays a penalty in the amount of double the discount rate of the NBU, effective at the time of delay, from the amount of unpaid funds for each day of such delay.

 

TERM OF THE AGREEMENT AND CONDITIONS OF ITS TERMINATION

6.1. The Agreement is public and is valid until 31.12.2021 or until its termination by any of the Parties in the manner prescribed by this Agreement or the legislation of Ukraine.

6.2. This Agreement is made public to all Patients by posting (publishing) it on the Contractor’s website.

6.3. If 30 (thirty) days before the end of the current calendar year, neither Party declares in writing its intention to terminate this Agreement, it is considered extended (extended) for the next calendar year on the same terms. Such extension of the term of this Agreement is possible without limitation.

6.4. This Agreement may be terminated early:

– at the request of one of the Parties, the latter being obliged to notify the other Party in writing no later than 10 (ten) calendar days;

– by court decision;

– in case of duration (more than two months) of force majeure;

– in case of termination / suspension of the Medical Practice License;

– in case the Contractor finds that the data contained in the Patient’s Questionnaire are untrue, the Contractor has the right to immediately terminate the Agreement by notifying the Patient by any available means of communication of his choice, in particular, in writing, by e-mail , by posting on the Site, etc.

 

FINAL PROVISIONS

7.1. By concluding this Agreement, the Patient automatically agrees to the full and unconditional acceptance of the provisions of this Agreement and the Rules of Service, approved by the Contractor and published on the Contractor’s website.

7.2. By signing and completing the Questionnaire, the Patient gives permission for the collection and processing of personal data specified in the Questionnaire, as well as the patient’s voluntary consent to diagnosis, treatment and surgery and analgesia for purposes related to the provision of Services and within the limits set by law. Of Ukraine.

7.3. This Agreement is public in accordance with Articles 633, 641 of the Civil Code of Ukraine and its terms are the same for all Patients. Acceptance of the terms of this Public Agreement (acceptance) is complete and unconditional and means the Patient’s agreement with all the terms of the Agreement without exception and addition. And also indicates that

the patient understands the meaning of his actions, all the terms of the Agreement are clear to him, the patient is not under the influence of error, deception, violence, threats, and the like.

7.4. This agreement is governed by the current legislation of Ukraine, regardless of the location of the Patient receiving the service.

7.5. The Contractor may audio record all conversations with the Patient. Such information is confidential.

7.6. The Contractor guarantees that all information about the Patient containing medical and / or other confidential secrets will be used in accordance with the principles of observance of such secrets and in accordance with the requirements of the legislation of Ukraine and international law.

7.7. Recognition of any provision or clause of this Agreement or its annexes is not valid, does not affect the validity of other terms and conditions of the Agreement.

7.8. All Annexes to the Agreement are integral parts of this Agreement and are binding on the Parties.

7.9. Information on possible additional or other related services is available on the Contractor’s website or on the websites of the relevant Contractor’s partners.

 

PERFORMANCE DETAILS

RSSC MEDZDRAVNYTSYA LLC

payer of income tax on general grounds

Address 69114, Zaporizhzhia region, Zaporizhzhia city, Voronezhskaya street, building 22

USREOU code 43649915,

р / р UA67 3133 9900 0002 6009 0202 0140 7.

JSC CB “Privatbank”

MFI 313399

tel .: +380994201320

Director VA Metz

 

The edition is effective from March 1, 2021

 

 

 

 

Appendix 1

To the Public Offer Agreement

RULES

service

Terms

1.1. These Rules determine the procedure for servicing the Limited Liability Company “RSSC MEDZDRAVNYTSYA” (hereinafter – the Clinic).

1.2. Patient care is provided on the basis of the original Questionnaire provided by the Clinic and signed directly by the Patient. Patient care may be temporarily provided in the absence of a Questionnaire signed by the Patient, in which case the Patient’s receipt of the Services is a recognition of his consent to the Clinic’s processing of the Patient’s personal data under clause 4. of this appendix and recognition of the Patient’s consent to diagnosis, treatment and surgery and analgesia, in accordance with the wording specified in the Questionnaire. The clinic may unilaterally decide to refuse service or further service to a Patient who has not signed the Questionnaire.

1.3. Receipt of services must be performed by the Patient in accordance with these Rules. Prior to receiving the Services, the User is obliged to read these Rules.

Terms and abbreviations used:

2.1. The Patient of the Clinic is an individual who has accepted the terms of these Rules and the Public Offer Agreement.

2.2. QUESTIONNAIRE – personal data of the Patient, which contains consent to the processing of his personal data and voluntary consent of the patient to diagnosis, treatment and surgery and analgesia. Form of the QUESTIONNAIRE – a paper carrier with the original signature of the Patient, or the authorized person, according to the legislation of Ukraine.

2.3. Information service – provision by the Clinic to the Patient of information and documents in electronic form, which contain data for the Patient in accordance with section 3 of these Rules.

Information provided:

3.1. Patient information service includes information and documents entered into the patient’s personal electronic account, or sent to him by e-mail, about:

– history of visits by the Patient to the Clinic;

– registration of the Patient for admission to the Clinic;

– list of services provided by the Clinic;

– results of medical and laboratory tests of the Patient;

– special offers offered by the Clinic for the Patient;

– Other.

Privacy and personal data protection policy

4.1. The user in accordance with paragraph 6 of Part 2. Art. 7. of the Law of Ukraine “On Personal Data Protection”, confirms its consent to processing by the Clinic, location: Ukraine, 69114, Zaporizhia region, Zaporizhia, Voronezh Street, house 22, personal data of the Patient, including:

full name, surname, patronymic;
photo;
sex;
medical card number;
date of birth;
insurance policy number (insurance contract);
email address;
mobile / home phone number;
address of residence;
fax;
profession;
name of the Company;
structural subdivision of the Company;
scope of activity of the Company;
the address of the Company;
full name, surname, patronymic of the patient’s authorized representative;
mobile / home phone number of the patient’s authorized representative;
additional information provided by the Patient independently;
other information provided by the Patient for concluding declarations with the family doctor;
information in accordance with section 3 of these Rules.

 

4.2. Purpose: informing the Patient about the list of provided medical services and their cost, providing access to personal data, medical documents, information about the services provided, data on attachments and other information in compliance with measures to protect them from unauthorized access. This consent is valid indefinitely.

4.3. Processing of the above personal data will be carried out with the use of automation or without the use of such means by mixed processing of personal data (collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data).

4.4. Purposes of personal data processing: provision of medical and other services to the Patient.

4.5. The clinic has the right to transfer the patient’s personal data to a third party only in the following cases:

if the User has given written consent to transfer his data to a third party;
if the transfer is necessary within the procedure established by the legislation of Ukraine.

4.6. The clinic takes the necessary organizational and technical measures to ensure confidentiality, protection of personal data of users.

The procedure for terminating the service

5.1. The Clinic has the right to terminate the service unilaterally in case of violation by the Patient of the Conditions of Medical Services and the current Rules by sending the Patient an e-mail specified by the Patient in the Questionnaire, or in another way determined by the Contractor at its discretion. In this case, the date of termination of the service is the date specified by the Clinic in the notification sent to the Patient on the termination of the service.

Procedure for making changes and additions to the Rules

6.1. The clinic has the right to unilaterally amend the Rules, except by approving a new version of the Rules, only with the placement of changes indicating their date and date of entry into force.

6.1.1. To enter into force changes and additions to the Rules made by the Clinic unilaterally, the Clinic follows the procedure of information disclosure. Preliminary disclosure of information is carried out by the Clinic no later than 5 (five) calendar days before the entry into force of changes and additions to the Rules. All changes and additions made by the Clinic to the current Rules come into force on the next day after the publication of information on the Clinic’s website about these changes, or from the date of entry into force of changes, if the relevant date is specified in the document published on the Clinic’s website.

6.2. The moment of acquaintance of the Patient with the published information is considered the moment from which the published document becomes available to the Patient on the website of the Clinic.

6.3. The Clinic is not responsible if the information about the change of the Rules, published in the manner and within the timeframe set by the Rules, has not been received and / or studied, and / or correctly understood by the Patient. Any changes to the Rules from the moment of their entry into force shall equally apply to all users who have joined the Rules, including those who have joined the Rules before the date of entry into force of the changes.

The procedure for applying to the Clinic

7.1. Suggestions and comments on the work of the Clinic, the User may submit in any convenient way:

– Written application to the Clinic;

– Contact the Clinic’s e-mail: crc@medzdrava.com

– Call by phone of the Contact center +380964201320.

7.2. Having received a request from the Patient for suggestions and comments, the Clinic informs the Patient about the results of consideration of such a request in accordance with the legislation of Ukraine.

 

 

 

 

The edition is effective from March 1, 2021

 

Annex 2

To the Public Offer Agreement

 

TERMS OF PROVIDING MEDICAL SERVICES

Medical services are provided to the Patient only in the amount specified in the List of medical services (hereinafter – the “List of services”), which is posted on the website of the Clinic at https://medzdrava.com/. The final cost of medical services is determined on the basis of current prices in the Medical Information System used by the Contractor. In case of discrepancies in the cost of services listed on the Clinic’s website and in the Medical Information System, the cost indicated in the Medical Information System is decisive. The Clinic may unilaterally amend the List of Services without additional notice to Patients.
The cost of the selected service is subject to payment by the Patient or another person in the interests of the Patient in favor of the Contractor in cash or non-cash on the terms of prepayment or postpayment, about which the Patient is issued a settlement document. The Contractor independently determines the conditions under which the service should be paid for.
The medical services provided by the List of Services are provided exclusively to one Patient. The purchased service does not apply to family members of the Patient and / or other persons.
If the Patient does not receive all or part of the medical services provided by the List of Services, not through the fault of the Clinic, the cost of unreceived medical services is not refundable and / or exchanged for other medical services, and the term of such services is not extended.
The paid cost of the Program is refundable if the Patient has not received any of the medical services provided by the Program and has applied for a written application for refund money no later than 3 working days before the date of actual or planned service.
The service period can be extended if the specific service provided by the List of services could not be provided in time (absence of a doctor, availability of restrictions in material and technical equipment, etc.) for the period necessary for this, which is determined by the Clinic.
The medical services provided by the List of services are provided to the Patient on condition of his previous registration for the corresponding diagnostic examination, manipulation or reception to the doctor.
The Contractor may independently decide to terminate or temporarily suspend the provision of some or all services from the List of Services.
Services from the List of Services are provided in person with a visit to the Clinic by the Patient or remotely, using remote means. The list of services that can be provided remotely, the conditions and procedure for providing and paying for such services are determined by the Contractor independently. In order to receive services provided remotely, the Patient must ensure the availability of technical means that provide the possibility of remote communication, in accordance with the technical requirements defined and proved to the Patient by the Contractor. In case of impossibility due to objective circumstances (impossibility to conduct examination, lack of results of diagnostic examinations, etc.) during remote provision of services to establish a diagnosis, the Contractor informs the Patient and provides an advisory opinion stating the diagnostic hypothesis.
The clinic may refuse to provide the patient with Medical Services, which are provided by the List of Services in the following cases:

– Violation of the Rules of stay of patients in the Clinic;

– Violation and / or non-compliance with recommendations (prescriptions, appointments, etc.) for the treatment and diagnostic process;

– Failure to provide medical documents on the state of health and any other information of medical or non-medical nature, which is necessary for diagnosis, determination of tactics of medical and diagnostic process;

– If the provision of medical services may be harmful to health or life, ie provided that there are medical contraindications to a specific medical intervention

– If the patient, without the permission of the chief physician, makes a video recording on the territory of the Clinic.

– Seek medical attention for signs of alcohol or drug intoxication.

– Violation of generally accepted norms of behavior.

– Communication in an abusive manner with the staff of the medical institution, and with the use of threats, insults.

– Violation of the schedule of visits, or delay in the armhole to the doctor at the appointed time, which the doctor makes a record in the medical history.

The fact of payment of the cost of the service by the Patient is a confirmation of the conclusion of the relevant agreement on the above conditions.
The Services are considered to be provided properly if within 2 (two) calendar days from the moment of their provision the Patient does not submit written claims to the Contractor for the quality of the Services.

 

The edition is effective from March 21, 2021

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