Public Offer Agreement

LIMITED LIABILITY COMPANY “CENTRE OF INTENSIVE COSMETOLOGY AND ANTI-AGE THERAPY“, hereinafter referred to as the “Medical Centre”, on the one hand, and an individual ordering medical services on a paid basis, hereinafter referred to as the “Patient”, hereinafter collectively referred to as the “Parties” and individually referred to as the “Party”, have entered into this Public Agreement on provision of medical services (hereinafter referred to as the “Agreement”) as follows:

1. GENERAL PROVISIONS

1.1 This Agreement has the nature of a public offer in accordance with the current legislation of Ukraine (Articles 633, 641 of the Civil Code of Ukraine). The provisions of Art. 634 of the Civil Code of Ukraine shall also apply to this Agreement. The terms and conditions of this Agreement are the same and binding for all Patients who order medical or nursing (or other cosmetological) services in the Medical Centre (including on the website of the Medical Centre). This Agreement defines the procedure and conditions for the provision of qualified medical or grooming (or other cosmetological) services by the Medical Centre under the Patient’s Order. Medical services shall be provided in accordance with the Medical Centre’s licence to practice medicine.

1.2 Full and unconditional acceptance (acceptance) of the terms and conditions of this Agreement, as well as the date of conclusion of this Agreement, shall be evidenced by the Patient’s actions on execution, confirmation and payment for the Services included in the Order, or by the fact of consumption of the Services (in case of payment for the cost of the Services after their provision).

1.3 The Parties guarantee that each of the Parties has the necessary legal capacity, all rights and powers necessary and sufficient for conclusion and execution of this Agreement in accordance with its terms and conditions.

1.4 The Medical Centre confirms that in accordance with the requirements of the current legislation of Ukraine it has all necessary permissions to carry out economic activities in medical practice related to the execution of this Agreement and bears responsibility in case of violation of the Patient’s rights in the process of execution of the Agreement and implementation of the Services.

1.5 The Medical Centre shall carry out its activities in accordance with the Law of Ukraine “Fundamentals of Legislation of Ukraine on Healthcare” dated 19.11.1992 No. 2801-XII, the Law of Ukraine “On Protection of Consumer Rights” dated 12.05.1991 No. 1023-XII, the Law of Ukraine “On Protection of Personal Data” dated 01.06.2010 No. 2297-VI, the Civil Code of Ukraine dated 16.01.2003 No. 435-IV, other legal acts that apply to the activities of medical institutions.

1.6 Definition of terms:

Patient – a natural person with full legal capacity who has applied for the provision of Services and to whom such Services are directly provided by the Medical Centre in accordance with the Order.

Medical Centre – LIMITED LIABILITY COMPANY “CENTRE OF INTENSIVE COSMETOLOGY AND ANTI-AGE THERAPY”, location: 65058, Odessa, Shevchenko Avenue, 33, office 102, EDRPOU code 39286981.

Service – a medical service or care or other cosmetological service provided by the Medical Centre at the individual order of the Patient to meet his/her personal needs or at the order of his/her representative to meet the needs of the Patient. The place of direct provision of the Service is the location of the Medical Centre.

Order – a Patient’s request (including those made on the Medical Centre’s website), which specifies the list of Services that the Patient wishes to receive during a visit to the Medical Centre. At the Patient’s choice, the Order may be paid in full at the time of its registration or during the Patient’s visit to the Medical Centre. By confirming the Order (by taking actions on registration, confirmation and payment for the Services included in the Order, or by the fact of consuming the Services itself) the Patient simultaneously confirms that he/she agrees to the processing of the Patient’s personal data on the terms and conditions established by this Agreement, provides informed consent for medical intervention, is familiarised with the nature and risks associated with such medical intervention, agrees with the terms and conditions of this Agreement and all actions to be taken under it and agrees with the terms and conditions of this Agreement.

2. SUBJECT MATTER OF THE CONTRACT

2.1 Under this Agreement, the Medical Centre undertakes to provide the Patient with Services in accordance with the Order, of proper quality, in accordance with the current prices of the Medical Centre, within the terms and in accordance with the procedure defined by this Agreement, other internal standards, instructions and regulations of the Medical Centre, and the current legislation of Ukraine, and the Patient, in turn, undertakes to pay for and accept the Services in accordance with the terms and conditions of this Agreement.

2.2 By placing an Order, the Patient confirms that he/she has familiarised himself/herself with the terms and conditions of this Agreement and provides his/her voluntary consent to fulfil its terms and conditions.

3. PATIENT’S PERSONAL DATA

3.1 The Patient agrees to transfer to the Medical Centre his/her personal data (in accordance with the terms and conditions of this Agreement and the written consent given by the Patient when placing the Order) to the extent necessary for placing, paying for the Order and rendering the Service.

3.2 The Patient confirms that he/she gives his/her consent to the Medical Centre to process his/her personal data in accordance with the Law of Ukraine “On Personal Data Protection” dated June 01, 2010 No. 2297-VІ, and other legal acts of Ukraine related to personal data protection in the personal data base owned and managed by the Medical Centre (or third parties connected with the Medical Centre by contractual relations).

3.3 The Patient grants the Medical Centre the right, without the Patient’s prior consent, to transfer (disseminate) his/her personal data to managers and/or third parties. The Patient consents to the processing of his/her personal data in any computer and / or information systems, as well as consent to the cross-border transfer of his/her personal data to any foreign country to carry out activities in accordance with the purpose of processing specified in this Agreement.

3.4 The purpose of personal data processing is to provide services under this Agreement, as well as other similar purposes relating to medical or nursing (or other cosmetological) services and the Patient’s health condition.

3.5 The Patient agrees that the Patient is responsible for the correctness of the e-mail address specified by the Patient and confidentiality of the information sent to the specified address by the Medical Centre.

3.6 The Medical Centre undertakes to ensure confidentiality and security of the Patient’s personal data during their processing. Employees of the Medical Centre shall process the Patient’s personal data solely in connection with the performance of their professional duties and undertake not to allow disclosure of personal data entrusted to them or made known to them in connection with the performance of their professional, official and employment duties.

3.7 The Patient undertakes to provide complete and accurate information about his/her personal data for the purpose of placing an Order. In case of any inaccuracies or any discrepancies between the Patient’s personal data provided when placing the Order and the Patient’s personal data provided when receiving the Service (passport data, etc.), the Medical Centre, in order to ensure confidentiality of medical information, reserves the right to refuse to provide the Service to the Patient.

4. CONFIDENTIALITY

4.1 Information about the fact of the Patient’s request for medical assistance, list of services, results, as well as other information, which is confidential information (information with limited access) in accordance with the current legislation, shall be recognised as confidential under this Agreement.

4.2 The Parties undertake obligations to observe confidentiality of the information received in the course of fulfilment of the provisions of this Agreement by the Parties.

5. RIGHTS AND OBLIGATIONS OF THE PARTIES

5.1 The Medical Centre shall have the right:

5.1.1 Make changes to the list of Services provided by the Medical Centre in terms of volume of each Service, terms of its performance, price of each Service, etc., the provision of which is possible under this Agreement. The list of Services provided by the Medical Centre is posted at the location of the Medical Centre.

5.1.2 If necessary, engage third parties (medical centres, medical specialists and other persons) to provide Services to the Patient.

5.1.3 Conduct promotions, provide discounts and additional benefits for the Services.

5.1.4. Inform the Patient about changes regarding the Services.

5.1.5. Accept payment for the Services in cashless or non-cash form when the Patient places an Order, before or after receiving the Service at the location of the Medical Centre.

5.1.6 In case the Patient violates the Medical Centre’s recommendations on the Services, in case of incorrect behaviour of the Patient (violation of the Rules of Patient Stay at the Medical Centre), refusal to provide informed voluntary consent of the Patient and / or refusal to sign the agreement on provision of medical services, the Medical Centre has the right to terminate this Agreement from the moment of detection of these violations by the Patient. In this case, the cost of the Services actually provided shall not be refunded.

5.1.7 Unilaterally, at its own discretion, terminate this Agreement with a refund for the Services not rendered.

5.1.8. The Patient voluntarily agrees to take photos, video, TV or film during procedures in order to document medical results, control the quality of service provision and / or legal protection of medical personnel and institution.

5.2 The Medical Centre undertakes to:

5.2.1 Provide Services in a timely and qualitative manner in accordance with the terms and conditions of this Agreement and in compliance with the requirements of the current legislation of Ukraine.

5.2.2 Ensure participation of qualified personnel for rendering the Services within the framework of fulfilment of obligations under this Agreement.

5.2.3 In its activity on rendering the Services use diagnostic methods, medical technologies authorised for application in accordance with the procedure established by the current legislation of Ukraine.

5.2.4. Provide the Patient with information including information about the place of rendering the Services, the mode of operation of the Medical Centre, the list of the Services with indication of their cost and terms of performance, conditions of rendering and receiving these Services, obtaining additional discounts for the Services, etc.

5.2.5 Ensure the confidentiality regime in respect of provided medical or grooming or other cosmetological services in accordance with legal requirements.

5.2.6. to inform the Patient in case of impossibility to provide the Services under the Order in full or in part.

5.3 Patient’s rights:

5.3.1 The Patient has the right to receive the Service in a timely and quality manner.

5.3.2. to choose a convenient for the Patient and/or the Customer method of payment for the Order from those offered by the Medical Centre.

5.3.3 Determine independently the list of Services included in the Order, which he/she wishes to receive within the framework of this Agreement.

5.3.4 To address the Medical Centre with proposals, applications, etc. regarding the provided Services.

5.3.5. To cancel the Order during the validity period of the Order.

5.4 The Patient is obliged to:

5.4.1 Pay the cost of the Medical Centre’s Services in accordance with the terms and conditions of this Agreement.

5.4.2 If the Patient violates the terms and conditions of this Agreement, the Medical Centre reserves the right to cancel the Order if the service has been paid for, in which case the payment for the Service shall not be refunded to the Patient.

5.4.3 Properly fulfil the terms and conditions of this Agreement and timely inform the Medical Centre about the circumstances preventing the Medical Centre/Patient from fulfilling this Agreement.

5.4.4 Provide in writing informed voluntary consent for medical intervention, consent to processing of personal data, as well as provide the Medical Centre with all other necessary permissions for performance of Services by the Medical Centre.

5.4.5 Strictly adhere to the Medical Centre’s recommendations on rendering the Services in order to exclude factors that may affect the results of the Services rendered.

5.4.6 The Patient undertakes to comply with the Rules of Patients’ stay in the Medical Centre.

5.4.7. Provide the Medical Centre with true data regarding his/her name, surname and patronymic, date of birth and other information required by the Medical Centre for quality provision of the Services.

6. PRICE AND TERMS OF PAYMENT FOR SERVICES

6.1 The list of the Medical Centre’s services, their price and term of performance are specified in the current Price List of the Medical Centre posted at the location of the Medical Centre, which may be changed unilaterally by the Medical Centre.

6.2 The Medical Centre has no right to change the price of the paid Service after the Order has been accepted by the Medical Centre and the Patient has received an sms-message to the phone number and/or e-mail confirming the acceptance of the Order by the Medical Centre.

6.3 The cost of the Services shall be paid in the national currency of Ukraine – hryvnia, by non-cash payment when placing the Order or in cash directly at the Medical Centre.

6.4 If the Order is cancelled at the Patient’s request during the validity period of the Order and the Services have not yet been provided partially or fully, the paid cost of the undelivered Services shall be refunded within 14 working days.

6.5 The Medical Centre guarantees confidentiality and non-disclosure of information regarding the Order, Services and settlements for the rendered Services.

7. ORDER PLACEMENT PROCEDURE

7.1 To place an Order, the Patient shall leave an application on the Medical Centre’s website or contact the Medical Centre (including by e-mail and other means of communication), agree with the responsible employee of the Medical Centre on the list of Services and other conditions of their provision and place an Order. Issuance of the Order by the Patient means sufficient and complete familiarisation of the Patient with the Service, price and terms of its performance, rules of preparation for provision of the Service, information on availability (absence) of discounts.

7.2 Upon receipt of the Order, the Medical Centre shall process the Order. The Patient shall be provided with a confirmation of the Order to the mobile phone number indicated by the Patient and\or to the e-mail address or other means of communication with information about the Order.

8. DATES OF SERVICE PROVISION

8.1 The date and time of provision of the ordered Services shall be proposed by the Patient and agreed by the Parties by mutual consent.

8.2 The Medical Centre has the right to unilaterally change the date and time of provision of the Services due to technological reasons, having previously notified the Patient about the changes.

9. AMENDMENT OF THE TERMS AND CONDITIONS OF THE CONTRACT

9.1 The Medical Centre has the right to unilaterally amend the text of this Agreement without prior notice to the Patient. Changes to the Agreement shall come into force after their publication on the Medical Centre’s website or posting at the location of the Medical Centre and shall apply to the Order placed after the publication of the Agreement.

10. TERM OF VALIDITY OF THE AGREEMENT

10.1 This Contract shall come into force from the date of its public posting and shall remain in force until the Parties fulfil their obligations under the Contract.

10.2 The confidentiality provisions defined in this Agreement shall be valid indefinitely.

11. DISPUTE RESOLUTION

11.1 Disputes and disagreements that may arise during the execution of this Agreement shall be resolved by negotiations between the Parties, if possible.

11.2 In case of impossibility to resolve disputes through negotiations, the Parties, after implementation of the pre-trial dispute resolution procedure stipulated by the legislation, shall refer them to the court for consideration in accordance with the current legislation of Ukraine.

12. RESPONSIBILITY OF THE PARTIES. FORCE MAJEURE

12.1 For non-fulfilment or improper fulfilment of obligations under this Agreement, the Parties shall be liable in accordance with the procedure stipulated by the current legislation of Ukraine.

12.2 The Medical Centre shall not be responsible for the quality of the Service provision, in cases when the Patient violates p. 5.4.5. of this Agreement.

13. FORCE MAJEURE CIRCUMSTANCES

13.1. The Parties shall be released from responsibility for partial, full or improper fulfilment of obligations under the Contract, if such non-fulfilment was caused by force majeure circumstances (natural disasters, epidemics, military actions, strikes, taking decisions by competent authorities, etc.), which occurred after signing of the Contract as a result of extraordinary events, the occurrence of which the Party, which failed to fulfil its obligations in whole or in part, could neither foresee nor prevent by reasonable methods (force majeure).

13.2 Upon occurrence of the circumstances specified in the preceding paragraph, the Party that is unable to fulfil its obligations under the Contract shall notify the other Party in writing of the occurrence of such circumstances within ten calendar days from the date of occurrence of such circumstances. In this case the term of fulfilment of the contractual obligations shall be extended for the period of such circumstances, but not more than for six months.

14. FINAL PROVISIONS

14.1 This Contract is a public offer. The absence of a hard copy of the Contract signed by the Parties with the signatures of both Parties in case of actual payment by the Patient under this Contract or direct provision of the Service to the Patient is not a reason to consider this Contract not concluded. Issuance of the Order, payment by the Patient or consumption of the Service by the Patient in accordance with the terms and conditions of the Agreement shall be deemed to be the Patient’s acceptance.

15. ADDRESS AND DETAILS

MEDICAL CENTRE

LIMITED LIABILITY COMPANY “CENTRE OF INTENSIVE COSMETOLOGY AND ANTI-AGE THERAPY”

65058, Odessa, Shevchenko Avenue, 33, office 102

EDRPOU code 39286981

n/a UA 173052990000026000024920556

in JSC CB “PRIVATBANK” MFO 305299

Director   A.O.Bozhenko 

Appendix No. 1 to the Public Agreement on provision of medical services

INFORMED VOLUNTARY CONSENT OF THE PATIENT

FOR PROVISION OF MEDICAL SERVICES AND PROCESSING OF PERSONAL DATA

The Patient, while performing actions on registration, confirmation and payment for the Services included in the Order, or consuming the Service (in case of payment for the cost of the Services after their provision), provides Expocentre with LIMITED LIABILITY “CENTRE OF INTENSIVE COSMETOLOGY AND ANTI-AGE THERAPY” (hereinafter – the Medical Centre) with the consent to the processing of personal data in accordance with the Law of the Republic of Kazakhstan “On Health Care Services” (hereinafter – the Medical Centre). (hereinafter referred to as the Medical Centre) consent to the processing of personal data in accordance with the Law of Ukraine “On Personal Data Protection” dated June 01, 2010 No. 2297-VІ and other legal acts of Ukraine related to the protection of personal data in the personal data base, the Owner and Manager of which is the Medical Centre (or third parties related to the Medical Centre by contractual relations).

The purpose of processing the provided personal data is to provide medical services by the Medical Centre and to enable the Patient to quickly and conveniently access the personal data, in particular the results of the provided services, to obtain additional useful information related to the provision of medical services and health status, for other similar purposes related to medical services and health status (hereinafter referred to as the “Purpose of Processing”).

The Patient has been explained the procedure of access to the personal data provided by him/her, the right to amend or terminate the processing of such personal data.

The Patient has been informed that the data controller of the database where the personal data transferred under this informed consent are stored is the Medical Centre and other persons in accordance with the agreements concluded with the Medical Centre (cooperation agreements, etc.) (hereinafter referred to as the “Data Controllers”). The Holders shall process the personal data provided by the Patient in the manner prescribed by law according to the defined Purpose of processing. The Owner, the Holder, the Holder and/or third parties undertake to ensure the protection of the personal data provided by the Patient against unlawful processing and unlawful access thereto. The Owner, Holder and/or third parties undertake to treat all information contained in the Medical Centre’s database as confidential.

The Patient agrees that the Medical Centre has the right to transfer (disseminate) personal data to the Holders and/or third parties without the Patient’s additional consent. Third parties’ data include: state and local authorities, other persons entitled to receive this information in accordance with the requirements of the current legislation, lawyers and other persons in accordance with the agreements concluded with the Medical Centre (cooperation agreements, etc.).

The Patient consents to the processing of the provided personal data, indicated in this informed consent, in any computer and / or information systems used legally by the subject processing personal data, as well as consent to the cross-border transfer of personal data to a foreign country for the implementation of activities in accordance with the specified purpose of processing.

The Patient agrees that if the person appointed by the Patient places a preliminary order for the Medical Centre’s services in special computer and/or information programs (systems) installed on any, including portable media, he/she is familiar with the list of services and wishes to receive such services of the Medical Centre and confirms that the person appointed by the Patient acted on behalf of the Patient and in his/her interests, and the fact of payment for the relevant order entails the obligations of the Medical Centre to perform in full the services of the Medical Centre. The Patient is responsible for the correctness of the e-mail address and confidentiality of the information after its receipt. At the same time, the Medical Centre, in case of transfer of such data, shall take all reasonable steps to ensure adequate protection of such data.

By leaving a mobile phone number and e-mail address, the Patient consents to receive messages (to the indicated mobile phone number and e-mail address, including those sent by means of software and mobile applications) about the results of services rendered or other information, including for the purpose of advertising the services provided by the Medical Centre. The Patient understands that delivery of the message depends on mobile operators and communication service providers and is not guaranteed. The Medical Centre is not responsible for the Patient’s receipt of the message.

The Patient agrees that the Medical Centre cannot guarantee and is not responsible for the delivery of the results of the rendered services and other information by e-mail, as the delivery of the e-mail depends on the settings of mail servers, anti-virus systems and spam filters of the Patient’s mailbox.

Information about the medical intervention and associated risks.

 By signing this Informed Consent, Patient agrees that:

– Is aware of the nature of each procedure selected and agreed upon, the risks of medical intervention during the procedure, the right to request termination of the procedure, and provides this Informed Consent for medical intervention in accordance with the Law of Ukraine “Fundamentals of the Legislation of Ukraine on Health Care” No. 2801-XII of 19 November 1992.

– Warned(s) about factors, non-compliance with which may affect the results of the provided Services.

– Checked the correctness of each selected and agreed procedure and made sure that the services are indicated correctly.

– Notified the health care provider of any allergies or individual intolerance to alcohol and medications.

– Understood the purpose and nature of the medical intervention. In case of complications (such as dizziness, loss of consciousness, etc.) during the medical intervention, the Patient agrees in advance to apply all necessary and possible measures to eliminate them.

– Has had the opportunity to ask any questions regarding the medical services provided by the Medical Centre and has received an answer.

– He/she has been warned about video recording in the common areas and rooms of the Medical Centre.

– The Patient is not allowed to make additional changes to this informed consent.

By signing this informed consent, the Patient agrees to medical intervention and personal data processing in case of each subsequent visit to the Medical Centre.

The Patient has been informed that this informed consent is stored in electronic form in the Medical Centre’s archive, the Patient confirms that a copy of this informed consent is considered sufficient evidence of the fact of consent to medical intervention and consent to the processing of the data indicated therein.

The Patient wishes to receive messages and e-mails from the Medical Centre at the mobile phone number and e-mail address he/she provided when contacting the Medical Centre.

The text of this informed consent has been read by the Patient. The Patient confirms that he/she agrees to all points of this document, the provisions of which have been explained and understood.