PUBLIC AGREEMENT
1. General provisions
1.1. Private enterprise "Ultrasound Pro", EDRPOU code 36 124 693 (hereinafter - "Executive") on the basis of Art. Art. 633, 641, 644 of the Civil Code of Ukraine, offers medical services to an unlimited number of people, in accordance with the terms of this Public Agreement (Public Agreement) on the provision of medical services (hereinafter - the "Agreement").
1.2. In accordance with the requirements of Article 641 of the Civil Code of Ukraine, this document is posted on the Internet at
https://ecarium.com/public-agreement, is a public offer, and in the event that a natural person (hereinafter referred to as the "Customer") acts that indicate its acceptance, it is binding for the Contractor and this natural person. The Customer's first payment for medical services in accordance with the procedure specified in Section 4 of the Agreement is a full and unconditional acceptance of the offer, which is considered equivalent to the conclusion of the Agreement on the terms set forth in the offer.
1.3. In this offer, the following terms are used as follows:
1.3.1. The Offer is a public offer of the Contractor, addressed to natural persons, in accordance with Article 641 of the Civil Code of Ukraine, with a proposal to enter into an Agreement with them on the provision of paid medical services on the terms contained in this Offer.
1.3.2. Acceptance of an offer is a complete and unconditional acceptance by the Customer of the terms of the offer by performing one or more of the following actions: registration of the Customer on the Contractor's Website, ordering services using the Contractor's Website, starting the actual receipt of medical services, paying for medical services or other actions that indicate the Customer's consent with the terms of this Agreement.
1.3.3. The Customer is a natural person who receives paid medical services from the Contractor in accordance with the Agreement, under the conditions contained in this Offer.
1.3.4. The executor is the Private Enterprise "Ultrasound Pro", EDRPOU code 36 124 693, which provides paid medical services on the basis of the obtained license of the Ministry of Health of Ukraine to conduct economic activities in the field of medical practice, decision on the issuance of license No. 55 420 dated 14.07.2011 (hereinafter - "License")
1.3.5. The price list is the current list of the Contractor's medical services with prices, published at the address:
https://ecarium.com/#pricing , which is an integral part of this Offer.
1.3.6. Services (medical services) — a complex of consultative, diagnostic, therapeutic and preventive measures of various degrees of complexity and purpose, which are provided by the Contractor under the terms of this Agreement. The list of services, their cost and other information about them are presented on the Contractor's website and directly at the Contractor's places of business.
1.3.7. The Contractor's website is the Contractor's website on the Internet, located at the address:
ecarium.com/ .
1.3.8. Parties — the joint name of the Customer and the Contractor when they are simultaneously mentioned in this Agreement.
1.4. Acceptance of the offer means that the Customer agrees with all provisions of this offer, and is equivalent to the conclusion of the Agreement.
1.5. The term of validity of this offer is established from the moment of its publication on the Site and is valid for the entire period of validity of the Contractor's License to carry out medical practice.
1.6. In the case of concluding a private-law (individual) contract on the provision of medical services between the Customer and the Contractor, the terms of the private-law contract shall prevail.
1.7. Consultations of medical professionals on the website are of a recommendatory nature. To obtain additional appointments and treatment, site users must visit a doctor.
2. Subject of the contract
2.1. During the term of the Agreement, the Contractor undertakes to provide the Customer with medical services in accordance with the list and at the price according to the Price List, and the Customer undertakes to pay for these services.
3. Rights and obligations of the parties
3.1. The contractor is obliged to:
3.1.1. Provide the Customer with free, accessible, reliable information about the procedure and conditions for providing them with paid medical services.
3.1.2. Provide timely and high-quality services in accordance with the terms of this Agreement and in compliance with the requirements of the current legislation of Ukraine.
3.1.3. In accordance with the requirements of the current legislation of Ukraine, to keep confidential the Customer's state of health, the fact of seeking medical help, the diagnosis, as well as other information obtained by the Contractor during the provision of medical services to the Customer, except in the cases provided for by legislative acts.
3.2. The executor has the right to:
3.2.1. To suspend the provision of services under the Agreement in a unilateral out-of-court procedure if the Customer violates the obligations accepted in accordance with the Agreement.
3.2.2. Refuse to provide medical services to the Customer:
3.2.2.1. When the provision of such services is not provided by the Contractor;
3.2.2.2. If the Contractor does not have the necessary specialists, equipment, inventory, or technical capabilities to provide the necessary medical services;
3.2.2.3. When the Customer is diagnosed with a disease, the treatment of which is possible only in specialized health care facilities;
3.2.2.4. If the provision of medical services, in the opinion of the Contractor's specialist, is associated with an unjustified risk of harm to health or threatens the life of the Customer;
3.2.2.5. If the provision of such services with a high degree of probability may cause deterioration of the Customer's health.
3.2.3. Engage third parties to provide services, including to its partners, without the written consent of the Customer.
3.3. The customer is obliged to:
3.3.1. Prior to the provision of medical services, inform the Contractor of all information about past and present diseases, known contraindications to the use of any drugs or procedures, possible allergic reactions, and individual characteristics of the body.
3.3.2. Carry out all medical prescriptions, appointments, recommendations of the Contractor's specialists providing medical services under this Agreement.
3.3.3. Pay for the services of the Contractor in the manner, terms and conditions established by this Agreement.
3.4. The customer has the right to:
3.4.1. To receive complete information about the Contractor, about the scope and content of the services provided by the Contractor.
3.4.2. Refuse to perform this Agreement in accordance with the procedure established by the current legislation of Ukraine.
4. Cost of services, settlement procedure and refund.
4.1. The cost of the services provided under this Agreement is determined in accordance with the Contractor's Price List valid at the time of the Customer's request.
4.2. Services are provided to the Customer on the condition of full advance payment.
4.3. Payment for the Contractor's services is made by paying for services to the Contractor's current account, as well as using payment systems, links to which are posted on the Site.
4.4. The prices set by the Contractor may be changed by the latter at any time. New prices enter into force from the moment they are published on the Contractor's Website, unless another term for the entry into force of new prices is additionally determined upon their publication. New prices do not apply to already paid services.
4.5. In the case of the Customer's refusal to receive the actually paid medical services, but not less than 14 (fourteen) days before the start of their actual provision, the funds are returned to the Customer in the manner specified by this Agreement. In the event of the Customer's refusal less than 14 (fourteen) days before the actual provision of services, the Customer's funds will not be returned. Refunds for services already provided to the Customer by the Contractor are not made.
4.6. Refunds are made on the basis of the Customer's written application, in which the Customer must specify his/her passport data and add to the specified application a copy of the passport and a check or receipt and a motivated reason for the refund. In the absence of a check or receipt, the Contractor has the right to refuse the Customer the return of funds paid for the performance of this Agreement. The refund period is 14 (fourteen) banking days from the moment the Contractor receives the refund application.
4.7. The refund of funds paid using payment systems on the Contractor's Website is carried out in accordance with the procedure established in clause 4.6. of this Agreement, and taking into account the terms and rules of the relevant payment systems.
4.8. In the event that the Customer within 1 (one) business day from the date of actual receipt of services does not declare a written, motivated refusal to accept them, the services are considered to be accepted by the Customer in full without reservations and without claims to the Contractor.
5. Liability of the parties
5.1. The Contractor is not responsible for the results of the provision of medical services in cases of non-compliance by the Customer with treatment recommendations and other actions aimed at worsening the Customer's health.
5.2. The Contractor is not responsible if, before providing the medical service, the Customer did not fulfill the obligation to inform the Contractor's specialist about previous diseases, allergic reactions, contraindications, if the ineffectiveness of the provided medical service or the damage caused was the result of the Contractor's lack of such information.
5.3. In the event that the impossibility of providing medical services arose due to circumstances for which neither party is responsible, the Customer reimburses the Executor for the costs actually incurred by him, and the Executor returns to the Customer the balance of unused funds made as an advance payment.
5.4. In the event that the Contractor is unable to provide medical services due to the fault of the Customer, the services shall be paid for by the Customer in full and shall not be refunded, subject to Clause 4.5. Agreement.
5.5. The Contractor is not responsible for the disclosure of information provided by the Customer while using the Contractor's Site, if such disclosure occurred as a result of circumstances that were beyond the Contractor's control and could not have been prevented or avoided by him (in particular, as a result of hacker attacks, interception of information data of the Contractor's Site, placement of confidential information by the Customer on external information resources and/or websites, etc.).
5.6. The Parties are released from responsibility for non-fulfilment or improper fulfillment of their obligations under this Agreement, if this non-fulfillment was the result of force majeure circumstances that arose after the signing of this Agreement and which the Party could not have avoided or foreseen. Such circumstances of the Parties include: natural disasters (storms, cyclones, earthquakes and other natural and climatic phenomena); war and hostilities, mass riots, strikes, protests; technological factors (absence of electricity, damage to equipment, accidents, fires, etc.), actions or inaction of state bodies and local self-government bodies, changes in the legislation regulating the legal relations of the Parties under this Agreement and other circumstances that prevent the Parties from fulfilling their contractual obligations and which are beyond their control.
5.7. In the event of the circumstances specified in clause 5.6. of this Agreement, the Party for which they have arisen is obliged to notify the other Party in writing no later than within seven days from the date of their occurrence. A document issued by the Chamber of Commerce and Industry of Ukraine or another authorized body in accordance with the procedure established by law is a proper confirmation of the occurrence and duration of force majeure circumstances.
5.8. In other cases, the parties are responsible in accordance with the current legislation of Ukraine.
6. Privacy policy
6.1. The available privacy policy defines the rules for using personal information provided by users when visiting the Site. Personal information is collected for the purpose of ensuring the implementation of relations in the field of health care and providing services to the Customer.
6.2. The following terms are used in this Privacy Policy:
6.2.1. "Personal data" is any information relating directly or indirectly to a certain natural person (subject of personal data).
6.2.2. "Processing of personal data" - any action (operation) or set of actions (operations) carried out with the use of automation tools or without the use of such tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction of personal data.
6.2.3. "Confidentiality of personal data" is mandatory for observance by the Administrator or others who have gained access to the personal data of a person and is required not to allow their distribution without the consent of the subject of personal data or the presence of another legal basis.
6.2.4. "Medical Center Site User (hereinafter User)" is a person who has access to the Site via the Internet and uses the Medical Center Site.
6.2.5. "Cookies" are a small piece of data sent by the web server and stored on the user's computer, which the web client or web browser sends to the web server in an HTTP request every time they try to open the page of the corresponding site.
6.2.6. "IP address" is the unique network address of a node in a general computer network built on the IP protocol.
6.3. General provisions
6.3.1. The User's use of the Site means agreement with this Privacy Policy and the terms of processing the User's personal data.
6.3.2. In case of disagreement with the terms of the Privacy Policy, the User must stop using the Site. Disagreement with the terms of the Privacy Policy leads to the termination of the Contractor's provision of services to the User (Customer) without refund of the last paid funds.
6.3.3. This Privacy Policy applies only to the Site and does not apply to other web pages to which the Site may link.
6.3.4. The site administration does not verify the authenticity of personal data provided by the User.
6.4. The subject of the privacy policy
6.4.1. Personal data allowed for processing under this Privacy Policy is provided by the User by filling out registration forms on the Site.
6.4.2. In order to provide access to the services of the Site (online consultations, online registration, payment, reviews about the clinic and doctor, etc.), the User can independently provide the following personal data: the User's last name, first name,
patronymic;
the User's contact phone number;
email address (e-mail);
the User's place of residence;
the reason for contacting the Contractor, which includes data on the User's state of health, illnesses, diagnoses, etc.
The Medical Center protects Data that are automatically transmitted when visiting pages on which a statistical system script ("pixel") is installed:
IP address;
information from cookies;
information about the browser (or other program that accesses the display of advertisements);
access time;
referrer (address of the previous page).
6.4.3. Personal data is processed in accordance with the Law of Ukraine "On Personal Data Protection". When filling out forms on the website with personal data, the user expresses voluntary consent to the Privacy Policy. In case of disagreement with the terms of the Privacy Policy, the User may not continue using the website services.
6.4.4 Cookies can be permanent (stored on the computer until the user deletes them) or temporary / session (stored only until the browser is closed). Also, cookies are divided into primary (they are installed directly by the visited Site) and third-party (installed by other sites). We draw your attention to the following:
cookie data is updated when the user visits the Site again;
in most cases, the web browser by default allows the automatic saving of cookies on the user's device;
Disabling cookies may result in restricted access to published materials and/or poor functioning of the Site's services.
6.4.5. The Administration of the Site does not disclose or transfer personal data of users to third parties without the consent of their owner, with the exception of cases when such transfer is carried out in accordance with the purpose of data processing. Data may also be disclosed in cases provided for by applicable law.
6.4.6. The processing and storage of personal data provided by the user is carried out in data centers where the equipment that ensures the functioning of the Site services is located. The provided personal data is processed and may be stored in the Personal Data Database or in a separate table of the Site Database.
6.4.7. Personal data is used for the purpose of providing Internet services of the Site, exchange of information / news, relations in the field of advertising and communication in accordance with the laws of Ukraine, including, but not limited to: "About the protection of personal data", "About information", "About advertising", as well as in accordance with the rules of use of the Site and other acts regulating the Company's activities.
6.4.8. Personal data are stored for no longer than is necessary for the purpose of their processing.
6.5. Additional conditions.
6.5.1. The site administration has the right to make changes to this Privacy Policy without the User's consent.
6.5.2. The new Privacy Policy enters into force from the moment it is posted on the Site, unless otherwise provided by the new version of the Privacy Policy.
6.5.3. The Site Administration takes all measures to protect User data from unauthorized access.
7. Final provisions
7.1. This public contract enters into force from the moment of Acceptance of the Offer by the Customer.
7.2. The parties agreed to keep a record of telephone conversations and the possibility of referring to them in case of disputes, as well as in the settlement of conflict situations under the Agreement.
7.3. In order to improve the quality of services provided on the Site and to comply with the requirements of the law, the public contract may be changed by the Contractor unilaterally, without notifying the Customer. The new edition of the Agreement enters into force from the moment of its posting on the Site.
7.4. By using the Site, the Customer confirms his agreement with the new terms of the contract in the version in effect at the time of the User's use of the Site.
7.5. If disputes and disagreements arise between the Parties under this Agreement or in connection with it, the Parties undertake to resolve them through negotiations. If any disputes, disagreements or claims arising out of or in connection with this Agreement, including those relating to its performance, breach, termination, or invalidity, cannot be resolved by negotiation, then those disputes are considered in accordance with the current legislation of Ukraine in court.
7.6. This agreement is governed and interpreted in accordance with the legislation of Ukraine. Issues not regulated by this Agreement shall be resolved in accordance with the current legislation of Ukraine.
7.7. Recognition by a court of any provision of this Agreement as invalid or unenforceable does not entail the invalidity or non-fulfillment of other provisions of this Agreement.
8. Details of the Contractor:
Private enterprise "Ultrasound Pro",
EDRPOU code 36 124 693,
jur. address: Ukraina, 1 054, Kyiv city,
str. Pavlivska, building 17,