Public offer for the provision of medical services

Viva Clinic PE, hereinafter the “Contractor,” on the one hand, and an individual who orders medical services for a fee on the Contractor’s website at https://viva-clinic.com, hereinafter the “Customer” and/or the “Patient,” hereinafter jointly referred to as the “Parties” and each individually as a “Party,” have entered into this Public Agreement for the Provision of Medical Services (hereinafter the “Agreement”) as follows:

1. General provisions

1.1. This Agreement is a public offer in accordance with the current legislation of Ukraine (Articles 633 and 641 of the Civil Code of Ukraine). The provisions of Article 634 of the Civil Code of Ukraine also apply to this Agreement. The terms of the Agreement are the same and binding for all Customers (Patients) who order medical services (hereinafter the “Services”) on the Contractor’s website at https://viva-clinic.com.

This Agreement sets out the procedure and terms for the provision by the Contractor of qualified Services, which are provided under the Contractor’s license to conduct business activities in medical practice.

1.2. Evidence of full and unconditional acceptance of the terms of this Agreement, as well as the date of conclusion of the Agreement, is the Customer’s performance of actions to place, confirm and pay for the Services included in the Order.

1.3. The Customer warrants that they have the civil legal capacity necessary and sufficient to conclude and perform this Agreement in accordance with its terms.

1.4. The Contractor confirms that it has all the permits necessary to conduct business activities in medical practice related to the performance of this Agreement, warrants that it has the right to conduct clinical laboratory tests, and is liable in the event of a violation of the rights of the Customer (Patient) in the course of performing the Agreement and providing the Services.

1.5. The Contractor carries out its activities guided by the Civil Code of Ukraine, the Laws of Ukraine “Fundamentals of the Legislation of Ukraine on Health Care,” “On Consumer Rights Protection,” “On Personal Data Protection,” and other regulations that apply to the activities of medical institutions, including with respect to the provision of medical services.

1.6. Definitions:

Customer – an individual who has civil legal capacity sufficient to enter into a transaction under this Agreement and who has placed an order on the Contractor’s website https://viva-clinic.com for Services to be provided directly to the Customer or to the Patient on whose behalf the Customer acts.

Patient – an individual to whom the Contractor directly provides the Services in accordance with the placed Order. The Patient may be the Customer of the Services if they have sufficient civil legal capacity under Articles 31 and 32 of the Civil Code of Ukraine, taking into account Articles 38 and 43 of the Law of Ukraine “Fundamentals of the Legislation of Ukraine on Health Care.”

Contractor – Viva Clinic PE, legal address: 27A Sobornosti Street, Slavuta, Khmelnytskyi Region, 30000, Ukraine; EDRPOU code 40358245; license to conduct business activities in medical practice approved by Order of the Ministry of Health of Ukraine No. 601 of June 16, 2016.

Service – a medical service provided by the Contractor in accordance with the statutory purposes of its activities and under a placed Order for the purpose of diagnosis, treatment, prevention or rehabilitation of the Patient’s diseases, pathologies or conditions. The place where the Service is directly provided is the Contractor’s department or structural unit where the selected Service can be provided, as chosen by the Customer before placing the Order. The place of provision of the Service may be chosen if the Contractor provides for such an option. The Contractor’s equipment is used to provide the Services.

Order – a request of the Customer (Patient) duly placed on the Contractor’s website that specifies the list of Services the Patient wishes to receive when visiting the Contractor’s department or structural unit. By confirming the Order, the Customer simultaneously confirms that they consent to the processing of the personal data of the Customer and/or the Patient on the terms set out in this Agreement, give informed consent to medical intervention and to the selected examination and medical check-up, have been informed of the nature and risks associated with such possible medical intervention, and agree to the terms of this Agreement.

2. Subject of the Agreement

2.1. Under this Agreement, the Contractor undertakes, upon the Customer’s Order, to provide the Patient with Services of proper quality in accordance with the Order, at the Contractor’s current rates, within the established time frames and in the manner set out in this Agreement, the Contractor’s internal instructions and regulations, and the current legislation of Ukraine, and the Customer (Patient), in turn, undertakes to pay for and accept the Services in accordance with the terms of this Agreement.

2.2. By placing an Order, the Customer (Patient) confirms that they have read the terms of this Agreement and give their voluntary consent to its terms.

3. Rights and obligations of the Parties

3.1. The Contractor has the right to:

3.1.1. Approve and amend the list of Services provided by the Contractor that is published on the Contractor’s website at https://viva-clinic.com, including the procedure and time frames for providing each Service.

3.1.2. Where necessary, engage health care institutions or individual entrepreneurs holding a license to conduct business activities in medical practice, on the basis of a contract, to provide certain Services to Patients.

3.1.3. Accept non-cash payment for the Services when the Customer (Patient) places an Order through the Contractor’s website.

3.1.4. Refuse to provide Services if contraindications to the proposed treatment methods are found during an examination.

3.1.5. Restrict the provision of medical information to the Customer (Patient) in cases provided for by the current legislation of Ukraine.

3.1.6. Change the time of provision of a Service in the event of the unforeseen absence of the medical professional chosen by the Customer (Patient), or assign another medical professional with the Patient’s consent.

3.1.7. Require the Customer (Patient) to comply with the terms of this Agreement.

3.1.8. If the Patient violates the recommendations of the Contractor’s medical staff on preparing for the Services, or in the event of inappropriate behavior of the Customer (Patient), in particular a violation of the internal rules or a refusal to give the Patient’s informed voluntary consent, the Contractor has the right to terminate this Agreement from the moment such violations by the Customer (Patient) are discovered. In this case, the cost of the Services actually provided is non-refundable.

3.1.9. Use the contact details provided by the Customer (Patient) (email address, phone number) to send the Customer (Patient) messages about the procedure for providing the Services and their results.

3.2. The Contractor undertakes to:

3.2.1. Provide the Customer (Patient) with information, including the place of provision of the Services, the working hours of the Contractor’s departments and structural units, the list of Services with their prices and turnaround times, and the terms of provision and receipt of these Services.

3.2.2. Provide the Services in a timely manner and with proper quality in accordance with the terms of this Agreement and in compliance with the requirements of the current legislation of Ukraine. The Services are provided in accordance with industry standards in the field of health care and/or local clinical protocols approved in the established manner. The Contractor is obliged to provide only those Services for which it has obtained a license to conduct business activities in medical practice.

3.2.3. Ensure the involvement of qualified medical professionals to provide the Services within the scope of its obligations under this Agreement, and ensure that the place of provision of the Services complies with state sanitary norms and rules, the licensing conditions for conducting business activities in medical practice, industry standards in the field of health care, and the requirements of the standard equipment schedules.

3.2.4. In providing the Services, use diagnostic and treatment methods, medicines and medical devices approved for use in the manner established by the current legislation of Ukraine.

3.2.5. Keep and store medical records in the forms established by the legislation of Ukraine. Provide the Customer (Patient) with extracts from medical records, certificates and other medical documents.

3.2.6. Provide the Customer (Patient) with medical information within the limits and in the manner established by the current legislation of Ukraine.

3.2.7. Inform the Customer (Patient) in a timely manner if the Services under the Order cannot be provided in full or in part.

3.2.8. Ensure the confidentiality of the results of the Services in accordance with Section 6 of this Agreement and the requirements of the law on medical confidentiality.

3.3. Rights of the Customer (Patient):

3.3.1. To receive quality Services in a timely manner.

3.3.2. To receive full and accurate information from the Contractor about:

• the place of provision of the Services, the working hours of the Contractor’s departments and structural units, the list of Services with their prices and turnaround times, and the terms of provision and receipt of these Services;
• the results of the Services, their state of health, and the results of examinations and check-ups.

3.3.2. To independently determine the list of Services included in the Order that they wish to receive under this Agreement.

3.3.3. To choose a convenient method of paying for the Order from those offered by the Contractor.

3.3.4. To receive priority service when visiting the Contractor’s department or structural unit at the time specified in the Order.

3.3.5. To contact the Contractor with suggestions, requests, feedback, etc. regarding the Services provided.

3.3.6. To submit a written application in their own name to receive medical records after the Service has been provided. Such an application is made at the Contractor’s department or structural unit after verification of the applicant’s identity, or is submitted by an authorized representative in the manner established by law.

3.3.7. To cancel the Order through the patient’s personal account on the Contractor’s website.

3.4. The Patient is obliged to:

3.4.1. Pay for the Contractor’s Services in accordance with the terms set out in Section 7 of this Agreement.

3.4.2. Arrive at the Contractor’s department or structural unit to receive the Service on the date and at the time specified when placing the Order.

In the event of a breach of paragraph 1 of clause 3.4.2, the Contractor reserves the right to cancel the Order on its own.

3.4.3. Properly comply with the terms of this Agreement, the rules for the provision of Services under this Agreement, and the Contractor’s internal rules.

3.4.4. Provide accurate information and documents required to identify the Customer (Patient) before the Services are provided and to receive information about the results of the Services.

3.4.5. Where necessary, inform the Contractor’s medical staff about the medicines the Patient is taking, all known disorders and diseases, allergic or specific reactions to medicines and foods, and other material information about the Patient’s state of health.

3.4.6. Follow the Contractor’s recommendations on preparing for the Services in order to help ensure the quality of the Services and the reliability of the results of check-ups, examinations and laboratory tests by excluding factors that may affect their results.

3.4.7. Inform the Contractor of circumstances that prevent the Customer (Patient) from performing this Agreement.

4. Consent to medical intervention, examination and check-up

4.1. By confirming the Order, the Customer (Patient) agrees that they:

• have been informed of the nature of each ordered Service, the risks of the medical intervention/examination/check-up during its performance, and the right to demand that the procedure be stopped; understand the purpose and nature of the medical intervention/examination/check-up; and consent to the medical intervention, examination and check-up in accordance with the Law of Ukraine “Fundamentals of the Legislation of Ukraine on Health Care” No. 2801-XII of November 19, 1992;
• in order to take into account factors that may affect the results of the Services, have informed the Contractor’s medical professional about the medicines the Patient is taking, all known disorders, diseases, allergic or specific reactions to medicines and foods, and other material information about the Patient’s state of health;
• have had the opportunity to ask any questions about the Services provided by the Contractor.

4.2. The Customer (Patient) confirms that they have given the Patient’s Informed Consent to diagnosis and treatment in the form approved by Order of the Ministry of Health of Ukraine No. 110 of February 14, 2012, by confirming the Order on the Contractor’s website.

4.3. Consent to medical intervention may be withdrawn by the Customer (Patient) before the Contractor actually provides the Services.

5. Personal data of the Customer (Patient)

5.1. When placing an Order, the Customer (Patient) agrees to transfer their personal data to the Contractor to the extent necessary to place, confirm and pay for the Order and to provide the Service.

5.2. Placing an Order certifies that the Customer (Patient) has given the Contractor consent to process their personal data in accordance with the Law of Ukraine “On Personal Data Protection” and other regulations of Ukraine relating to personal data protection, in a personal database owned by the Contractor.

5.3. The purpose of personal data processing is the provision of Services to the Patient by the Contractor and giving the Customer (Patient) quick and convenient access to the personal data of the Customer (Patient), in particular the results of the Services, receiving additional useful information related to the results of the Services and state of health, as well as other similar purposes relating to the Services provided and state of health.

5.4. The scope of personal data that the Customer (Patient) consents to the Contractor processing is limited to the personal data specified by the Customer (Patient) when placing the Order, as well as the results of the Services.

5.5. The Contractor undertakes to ensure the confidentiality and security of the personal data of the Customer (Patient) during processing. The Contractor’s employees process the Patient’s personal data solely in connection with the performance of their professional duties and undertake not to disclose personal data entrusted to them or that became known to them in connection with the performance of their professional, official and employment duties.

5.6. The Customer (Patient) undertakes to enter complete and accurate personal data in the fields on the Contractor’s website at https://viva-clinic.com to place an Order. If any inaccuracies or discrepancies are found between the Patient’s personal data specified on the Contractor’s website and the personal data provided by the Patient when receiving the Services, the Contractor, in order to ensure the confidentiality of medical information, reserves the right to refuse to provide the Service to the Patient until the Patient’s identity has been established.

5.7. Personal data provided by the Customer (Patient) may be transferred only in the manner established by the legislation of Ukraine on personal data protection.

6. Confidentiality

Confidential information under this Agreement includes the fact that the Patient has sought the Services, the list of Services provided, their results, and other information that, in accordance with current legislation, constitutes medical confidentiality and other confidential information (restricted information).

7. Cost of services and payment terms

7.1. Up-to-date information on the Contractor’s List of Services and their prices is available on the Contractor’s website at https://viva-clinic.com.

7.2. The cost of the Services is set in the manner determined by the Contractor’s Charter.

7.3. The Contractor has no right to change the cost of a paid Service after the Order has been placed and paid for.

7.4. The cost of the Services is paid in the national currency of Ukraine, the hryvnia, by non-cash payment when placing the Order, before the Service is provided.

7.5. The Patient pays for the Services by the method offered on the Contractor’s website https://viva-clinic.com. All Services included in the Order must be paid in full before they are actually provided to the Patient.

7.6. If the Order is canceled through the patient account on the Contractor’s website before the time of provision of the Services specified in the Order, and the Services themselves have not yet been provided in full or in part, the amount paid for the Services not provided is refundable upon the patient’s written Application, in the same form in which such Services were paid for, within 10 days from the date the application of the Customer (Contractor) is accepted.

7.7. An application for a refund may be made by the Customer (Patient) on paper. Such an application is to be completed at the Contractor’s department or structural unit or sent to the Contractor’s legal address specified in Section 15 of this Agreement by registered mail with acknowledgment of receipt. A copy of the identity document of the person who paid for the Order of Services must be attached to the application.

7.8. The Contractor guarantees confidentiality and non-disclosure of information about the Order, the Services and the transactions made.

8. Procedure for placing an Order for Services

8.1. To place an Order, the Customer (Patient) fills out the registration form on the Contractor’s website, selects from the list the Contractor’s department or structural unit where the Service can be received, selects the required Services, places the Order on the Contractor’s website, reads and accepts the terms of this Agreement, and selects a payment method. Placing an Order and its confirmation by the Contractor means that the Customer (Patient) is fully informed about the Service, its price and time frame, and the rules for preparing for the Service.

8.2. Services placed in one Order may be provided to one Patient specified in the Order during one or several visits to the Contractor’s departments or structural units. All information about the procedure, place and time of provision of the Services is available in the placed Order.

8.3. If the Patient is entitled to benefits that, under the legislation of Ukraine, allow them to receive the Services free of charge, the Customer (Patient) should contact the registration desk of the unit that provides the relevant service directly and present the original document granting the right to such benefits.

8.4. After receiving the Order, the Contractor processes it and agrees on the date and time of the service with the Patient.

8.5. The Customer (Patient) has the right to cancel the Order on the Contractor’s website 1 day before the Contractor provides the Service, by canceling the Order in the “Personal Account” in accordance with clauses 7.5 and 7.6 of this Agreement. This procedure means cancellation of the Order.

8.6. Cancellation of an Order does not restrict the right of the Customer (Patient) to place a new Order for Services.

8.8. If the Customer (Patient) discovers errors they made in the personal data provided, such as full name, date of birth, email address or mobile phone number specified in the Order, the Customer (Patient) has the right to contact the Contractor’s department or structural unit to correct such errors and present the payment receipt.

9. Time frames for providing Services

9.1. The date and time of the Services are determined by the Patient independently when placing an Order on the Contractor’s website.

9.2. The Contractor has the right to unilaterally change the duration of the Service under the placed order for technological and other unforeseen reasons.

10. Amendments to the Agreement

10.1. The Contractor has the right to unilaterally, without prior notice to the Customer (Patient), amend the text of this Agreement, including by publishing a new version of the Agreement. Amendments to the Agreement take effect 10 days after their publication on the website https://viva-clinic.com and apply to Orders placed and confirmed after the publication of the Agreement.

10.2. Customers (Patients) are deemed to have been notified of amendments to the Agreement from the moment they are published on the Contractor’s website.

11. Term of the Agreement

This Agreement enters into force on the day it is made public by publication on the Contractor’s website at https://viva-clinic.com and remains in effect until the Parties fulfill their obligations under the Agreement, except for the confidentiality provisions set out in this Agreement, which remain in effect indefinitely.

12. Dispute resolution

12.1. Disputes and disagreements that may arise in the performance of this Agreement shall, where possible, be resolved through negotiations between the Parties.

12.2. If disputes cannot be resolved through negotiations, the dispute between the Parties shall be resolved by a court in accordance with the rules of jurisdiction established by the current legislation of Ukraine.

13. Liability of the parties. Force majeure

13.1. For failure to perform or improper performance of obligations under this Agreement, the Parties are liable in the manner provided for by the current legislation of Ukraine on compensation for damage. The Parties are not liable for a breach of their obligations under this Agreement if it occurred through no fault of their own.

13.2. Verification of the Contractor’s compliance with the terms of this agreement regarding the completeness and quality of the Services is carried out, among other things, by means of a clinical expert assessment of the quality of medical care and medical services.

13.3. The Contractor is not liable for the quality of the Services in cases where the Customer (Patient) breaches clauses 3.4.3–3.4.6 of this Agreement.

13.4. The Parties are released from liability for partial or complete non-performance or improper performance of their obligations under this Agreement if such non-performance results from force majeure circumstances, such as natural disasters, epidemics, military operations, strikes, decisions of competent authorities, etc., that prevent the performance of obligations under this Agreement. A Party shall notify the other Party of force majeure circumstances within 3 days from the day such circumstances arise.

Force majeure circumstances for a Party are confirmed by a certificate from an authorized body in the manner established by the legislation of Ukraine.

14. Final provisions

14.1. This Agreement is a public offer. The absence of a paper copy of the Agreement signed by both Parties, where the Customer (Patient) has actually paid under this Agreement or the Service has actually been provided to the Patient, is not a reason to consider this Agreement not concluded. Placing an Order and making payment by the Patient and/or the Customer in accordance with the terms of the Agreement is deemed acceptance.

14.2. By confirming the Order, the Customer (Patient) agrees to all the terms of this Agreement, the text of which they have read and the provisions of which they understand, and agrees to receive messages and emails from the Contractor at the mobile phone number and email address provided by the Customer on the Contractor’s website at https://viva-clinic.com.

15. Address and details of the Contractor

Viva Clinic PE
27A Sobornosti Street,
Slavuta, Khmelnytskyi Region, 30000, Ukraine
EDRPOU code 40358245