- Informed voluntary patient consent
DOMUS Limited Liability Company
To the Public agreement on the provision of paid medical services
Order of the Ministry of Health of Ukraine
February 14, 2012 №110
INFORMED VOLUNTARY CONSENT OF THE PATIENT FOR DIAGNOSIS, TREATMENT AND SURGERY AND ANESTHETIA
I, ______________________________________________________________, received from Domus LLC information about the nature of my (my child's) disease, the peculiarities of its course, diagnosis and treatment.
I am familiar with the examination and treatment plan. Received a full explanation of the nature, purpose, approximate duration of the diagnostic and treatment process and the possible adverse consequences during its implementation, the need to follow a regimen prescribed by a doctor during treatment. I agree to notify your doctor immediately of any deterioration in your child's health. I am informed that non-compliance with the recommendations of the attending physician, the regimen of taking the prescribed drugs, uncontrolled self-medication can complicate the treatment process and adversely affect the state of health.
I was provided in an accessible form with information about the probable course of the disease and the consequences in case of refusal of treatment.
I had the opportunity to ask and receive any questions I was interested in regarding my health, course of treatment and treatment.
I consent to the inclusion of my (my child's) personal data, including data on my state of health, my diagnoses, the prescribed treatment and its course, in the local hospital information system maintained by the health care institution.
I agree to the use and processing of my personal data subject to their protection in accordance with the requirements of the Law of Ukraine "On Personal Data Protection".
The information was provided by the doctor _______________________ "_______" ___________________ 20__.
I, ___________________________________________, agree with the proposed treatment plan
- Medical license
- Condensation Policy
DOMUS Limited Liability Company
To the Public agreement on the provision of paid medical services
Approved by Order of the General Director
Domus LLC №1-a dated October 9, 2019
Privacy and personal data processing policy
2. The scope and purpose of PD collection
3. Consent to the processing of PD and the rights of the subjects of PD as a subject of personal data
4. PD processing and confidentiality
5. Changes to the Policy
This Privacy and Personal Data Processing Policy (hereinafter referred to as
"Policy") is an appendix to the Agreement on public offer for the provision of paid medical services (hereinafter - the "Agreement") and is an integral part thereof. Capitalized terms are used in the meaning given to them in the Agreement, unless otherwise expressly provided in the text of the Policy.
In addition, the SOE agrees that in addition to his personal data, other information and indirect data (connection information, system information, etc.) are also used and processed in the manner set forth in this Policy.
1.1. Personal data (hereinafter - "PD") - information or a set of information about an individual who is identified or can be specifically identified.
1.2. The owner of personal data is a natural person who determines the purpose of personal data processing, establishes the composition of these data and the procedures for their processing, unless otherwise provided by law.
1.3. Personal data controller - a legal entity to which the owner of personal data or the law has the right to process this data on behalf of the owner.
1.4. A personal data subject (hereinafter referred to as a “PD Subject”) is a natural person whose personal data is processed. The subject of PD is the Patient.
1.5. Processing of personal data - any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, renewal, use and distribution (distribution, sale, transfer), depersonalization, destruction of personal data, including the use information (automated) systems.
1.6. Automated processing of personal data - processing of personal data using computer technology.
2. The scope and purpose of PD collection
2.1. The Contractor collects the following PDs:
2.1.1. data of PD Entities provided by them upon registration in the Mobile Application, including, but not limited to, the following:
- Full Name;
- Contact details (e-mail address, telephone number, etc.);
2.1.2. data that is automatically transmitted in the course of their use by means of software installed on the PD Subject's device, including IP address, cookie information, information of the PD Subject's browser (or other program by which access to Mobile application), access time, address of the requested page.
2.1.3. data of the Subject of the PD entered by them or other Subjects of the PD into the Mobile Application or formed by the Mobile Application when the Subjects of the PD use the Mobile Application, provide and receive by the Subjects of the PD Services, including but not limited to:
- information on the state of health of the Subjects of PD, including information that contains medical secrecy;
- history of orders and provision of Services.
2.1.4. Other data collected by the Agreement, this Policy or legislation.
2.2. The purpose of PD processing is:
- Ensuring the use of the Mobile Application by the Subject of the PD and providing and receiving the Services by the Subject of the PD;
- providing the PD Entity, or the persons indicated by it, with fast and convenient access to the personal data of the PD Entity, in particular to the result of the provided Services, obtaining additional useful information related to the results of the provided Services, as well as for other similar purposes, relating to the Services;
- performance by the Executor and Executors of the duties assigned to them by the legislation;
- improving the quality of the Mobile Application, development of new services that can be provided to PD Entities;
- use of impersonal data for statistical purposes;
- advertising targeting.
3. Consent to the processing of personal data and the rights of the Subjects of the PD as a subject of personal data
3.1. The Subject of the PD, by registering in the Mobile Application, confirms the consent to the processing of the PD and consent to the terms of this Policy:
3.1.1. voluntarily gives its consent to the Contractor for automated, as well as without the use of automation processing, including collection, registration, systematization, accumulation, storage, adaptation, modification, renewal, use and distribution (including transfer and cross-border transfer and distribution), depersonalization, blocking, its PD, in the amount and for the purpose provided by this Policy and the Agreement;
3.1.2. does not require informing about the transfer (distribution) of his PD, voluntarily
3.1.3. confirms its consent to provide his PD on a written request to the Contractor (who has already provided the Service to this PD Entity). Such information may be provided to the applicant in the form of a letter sent by e-mail. Subjects confirm that they will take all necessary measures to prevent outsiders from accessing e-mail;
3.1.4. agrees to be sent by the Contractor by any means of communication of text, multimedia and voice messages (including SMS and MMS) with information about the Mobile Application, Services, news, and any other messages of advertising, commercial or marketing nature. . Such notifications and mailings may be refused by the PD Subject by sending a letter to the Contractor's e-mail address.
3.1.5. confirms that he has been notified in writing by the Contractor about the collection of his PD at the time of their collection, their content, the owner of the PD, the purpose of the collection and the persons to whom they are transferred, as well as their rights under Art. 8 of the Law of Ukraine "On Personal Data Protection", according to which the subject of PD has the right to:
220.127.116.11. to know about the sources of collection, location of their PD, the purpose of their processing, location or place of residence (stay) of the owner or administrator of PD or to give a corresponding order to obtain this information to authorized persons, except as provided by law;
18.104.22.168. receive information on the conditions for granting access to the PD, in particular information on third parties to whom its PD is transferred;
22.214.171.124. to access their PD;
126.96.36.199. to receive no later than thirty calendar days from the date of receipt of the request, except as provided by law, an answer as to whether his PD is processed, as well as to receive the content of such PD;
188.8.131.52. make a reasoned request to the owner of the PD with an objection to the processing of their PD;
184.108.40.206. make a reasoned request to change or destroy their PD by any owner and administrator of the PD, if this data is processed illegally or is inaccurate;
220.127.116.11. to protect their PD from illegal processing and accidental loss, destruction, damage due to intentional concealment, non-provision or untimely provision, as well as to protect against the provision of information that is unreliable or discredits the honor, dignity and business reputation of an individual;
18.104.22.168. apply legal remedies in case of violation of the legislation on PD protection;
22.214.171.124. make reservations regarding the restriction of the right to process their PDs during the consent;
126.96.36.199. withdraw consent to PD processing;
188.8.131.52. know the mechanism of automatic processing of PD;
184.108.40.206. to protect against an automated decision that has legal consequences for him.
3.2. The PD entity also has the right to require the Contractor to remove his PD from the Mobile Application. In this case, the Contractor removes from the Mobile PD application the Subject of the PD, which he requires to delete, except for those that must be stored by the Contractor in accordance with the requirements of the legislation of Ukraine. In case of such data deletion, the Contractor may delete the account of the PD Entity and terminate the access of the PD Entity to the Mobile Application and terminate the possibility for it to receive the Services via the Mobile Application.
3.3. The consent given by the Subject to the processing of the PD is valid for an indefinite period and may be revoked at any time. Applications for revocation of consent to the processing of their PD and other applications and requests for the exercise of the rights of the Subject of the PD, should be sent to the Entities of the PD to the e-mail address of the Contractor.
3.4. The PD Subject agrees that in case the authorized person enters data in the Mobile Application for the provision of Services in special computer and / or information programs (systems) installed on any, including portable media, the PD Subject has given prior consent to such person to use his PD, is familiar with the list of services and wishes to receive such services, and confirms that such trustee acted on behalf of the Subject of PD and in his interests. The PD entity confirms that it entitles such trustee to consent to the processing of the PD on his behalf. If the e-mail address of a third party was specified in the Mobile Application during the preliminary registration of the Service Subject of the Service Provision Form, the PD Entity agrees to send notifications related to its order of Services to this e-mail address. The third party is responsible for the correctness of the e-mail address and the confidentiality of the information after its receipt.
3.5. Withdrawal of the PD Entity's consent to the processing of the PD leads to the deletion of the PD Entity's account and termination of its access to the Mobile Application and termination of the possibility for the PD Entity to receive Services through the Mobile Application.
4. PD processing and confidentiality
4.1. Any PD or other information posted, disseminated or accessed by the PD Entity in the Mobile Application is confidential and processed in the manner prescribed by the Agreement and this Policy.
4.2. For the purposes and within the meaning of the current legislation (including, but not limited to, the Law of Ukraine
"On personal data protection") the owner and administrator of the PD is the Contractor.
4.3. The Parties undertake to respect the confidentiality of information obtained in the course of the Parties' compliance with the provisions of the Agreement.
4.4. The subjects of the PD are aware and agree that in order to receive the Services they are recommended to provide complete and reliable information (including, if necessary, appropriate copies of diagnostic documents, etc.) to the Contractor requested by him to provide the Service.
4.5. The Contractor may make audio and video recordings of the actions of the PD Entity in the Mobile Application for further management of the Mobile Application. Such records
are considered confidential by the Contractor and are used by him in strict accordance with the current legislation on data protection and internal policy of the Contractor.
4.6. Identification, contact details of the Subjects of the PD, as well as data on the Services received by them and the state of their health are contained in the office of the Subject of the PD in the Mobile Application and are not available for viewing by other users of the Mobile Application. When ordering the Services, the PD Entity independently determines which of its PD will be transferred to the Contractor for the provision of the Service. The PD Entity thereby consents to the Contractor for the transfer to the respective PD Contractor of the PD Subject in the amount determined by the PD Subject. The Contractor is not responsible for the processing by the PD Specialist of the PD Subjects and maintaining the confidentiality of such data by the Specialist, the Specialist is responsible for this independently.
4.7. The mobile application has the right to use and provide access to personal accounts by the Specialist, in order to get acquainted with the information posted on them about the Specialist (his level of qualification, range of services, etc.) and to leave anonymous comments, feedback or polls on such services provided by such Specialist. for the purpose of monitoring and analyzing such Services and the quality of their provision.
4.8. In order to acquaint the Specialist providing the Services with certain information and the ability to verify the information on the compliance of the Service provided by him to the expected requests of the Subject of the PD (how satisfied the Subject of the PD is), incl. for analytical purposes and to assist Specialists in improving their processes and services, the Contractor may provide the following information to the Specialist:
- the fact that the PD Entity is registered on the Mobile Application;
- the fact that a certain PD Entity is not registered in the Mobile Application;
- the degree of satisfaction of the PD Subject with the provided Service (including the provided feedback on the Service).
4.9. In no case shall the Contractor disseminate or grant access to any Specialists and other persons as to whether the PD Entity has received the Services or any other information that may be provided through the Mobile Application to certain Specialists during the reception or consultation. . Such information may be used by the Specialist who provided the Service to the PD Entity and / or the Specialist to facilitate the future receipt / provision of Services, where further medical information may be required to confirm the PD Entity's right to receive the Services.
4.10. The information about the Subjects of the PD, which is transmitted to the Specialists, is not intended for use by any Specialist, other person, including for the purpose of negative impact on current or future relations of the Subject of the PD in the field of insurance (conclusion of insurance contract, insurance premium, etc. ).
4.11. If the PD Entity has previously given its consent or indicated that it does not object to the provision of its PDs used for marketing purposes by the Contractor, the Contractor may also use the information provided to it by the Contractor for marketing purposes.
4.12. The PD entity undertakes to enter complete and accurate information about its PD in the columns in the Mobile Application. In case of inaccuracies or any discrepancies between the PD of the PD Subject specified in the Mobile Annex and the PD of the Subject of the PD provided by him upon receipt of the Service (passport data, etc.), the Contractor / Specialist in order to ensure confidentiality of information, reserves the right to refuse to provide services to the Subject of the PD until the identification of the Subject of the PD.
4.13. During the processing of the PD, the Contractor shall take all necessary organizational and technical measures to protect the PD from unauthorized or accidental access to them by third parties, destruction, modification, blocking, reproduction, distribution, as well as other illegal actions. Processing of PD by the Contractor is carried out using methods that ensure the confidentiality of such data, and in compliance with the requirements established by law to ensure the safety of PD.
5. Changes to the Policy
5.1. The Contractor reserves the right to revise and change the terms of this Policy unilaterally.
5.2. In case of making changes to the terms of the Policy, the Contractor shall notify the Subjects of the PD of such changes and updates of the wording of the Policy when the Subjects of the PD access the Mobile Application. Further use of the Mobile Application will be deemed acceptance of such revised terms, and the PD Entity is responsible for compliance with such conditions when using the Mobile Application. The PD Entity's access to the Mobile Application after notification of changes in the Policy is evidence that the PD Entity agrees to the changed terms.
5.3. Changes to the Policy take effect from the moment of their publication on the Artist's Site.
- PUBLIC AGREEMENT ON THE PROVISION OF PAID MEDICAL SERVICES
DOMUS Limited Liability Company
on the provision of paid medical services
Limited Liability Company "Domus", represented by the Director of the Company Chernyavska Valentina Nikolaevna, acting on the basis of the Charter, hereinafter - "Contractor", offers an unlimited number of individuals, hereinafter "Customers" and / or "Patients" to enter into an Agreement paid medical services (hereinafter referred to as the "Agreement") on the following terms.
1. TERMS AND DEFINITIONS
1.1. Services - a list of paid medical services, including: home teleconsultation, telemetry, telemedicine, telemedicine consultation, telemonitoring and other related services provided by the Contractor in the manner and under the conditions specified in this Agreement, including the use of telemedicine technologies (online -service "Personal account", Mobile application, phone). The result of providing services using telemedicine technologies is to provide the Patient with a medical opinion / recommendations.
1.2. Customer - Patient or patient representative who has accepted the Public Offer of the Contractor set forth in this Agreement, signed the Questionnaire, activated the online service "Mobile application Dobrodok +", ordered a telemedicine service, provided personal data to enter in the personal account "Medical card" an appointment with a doctor and received a consultation using the mobile application "Dobrodok +".
The customer bears all risks associated with the use of telemedicine technology by any third party who did not have the authority and consequences of such use. In turn, the Contractor undertakes to make every possible effort under the legislation of Ukraine to terminate the possibility of using telemedicine services by unauthorized persons.
1.3. Patient - an individual who is provided with medical services.
1.4. Executor - Domus LLC, duly registered in accordance with the legislation of Ukraine (identification code of the legal entity 23940504), location: 49050, Dnipropetrovsk region, Dnipro city, Academician Starobudova Square, building 1, License for medical practice of AG series 64 600646.
1.5. Parties - Customer / Patient and Contractor.
1.6. 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.
1.7. Acceptance - full, unconditional and unconditional acceptance by the Patient of the terms of the Public Offer, in the form of this Agreement. Agreement with the terms of the offer is made by the Customer on the date of acceptance with the introduction of the Customer's choice of one of the methods of acceptance, as defined below.
Acceptance is carried out by:
- order remote consultations with the use of telemedicine services, telephone (when calling + 38 080 033 0036) or mobile application (when choosing a doctor, method of communication and using the function "Make a consultation");
- filling in, signing and sending by the Patient to the Executor a written or electronic Questionnaire (acceptance), a copy of which is located directly at the location of the Executor;
- payment for the Contractor's services to his current account;
The date of concluding the contract in this case is the date of ordering services, the date of signing the Questionnaire or the date of payment, based on which of the events occurred earlier.
1.8. The Contractor's website is a web page on the Internet, at https://www.doctele.ai, which is the official source of informing Patients about the Contractor and the Services provided by him.
1.9. Mobile application - a Welcome + application for iOS and Android operating systems, designed to provide Services. The mobile application is the object of intellectual property. Use of the Mobile application is carried out with the use of codes and (or) passwords.
1.10. Medical card - a personal account in the mobile application, gives the Customer the opportunity to register, order services and access data on the details of the ordered services from the Contractor. Access to the personal account is carried out using codes and (or) passwords.
1.11. Specialist - a person who has a medical education and relevant experience in the medical field of the relevant field, who is an employee of the Contractor or engaged by him to provide services to the patient.
1.12. Medical opinion - a doctor's opinion on a possible disease, which contains recommendations on the need for additional examinations or the need for eye or other recommendations.
1.13. All appendices to this Agreement (including amendments to the Agreement) are posted on the Contractor's Website and are considered proven and accepted by the Patient from the date of their publication.
1.14. Price list is a valid list of medical services of the Contractor with the indication of prices, which is published on the Site of the Contractor and can be changed unilaterally or by making changes by placing the Agreement in a new edition.
1.15. This Agreement is posted on the Contractor's website at the e-mail address: https://www.doctele.ai, enters into force on the date of its publication on the Site and is valid until the date of publication of the application for withdrawal of the Agreement.
1.16. This Agreement is entered into between the Contractor and the Customer / Patient who have accepted the offer using one of the Acceptance Methods on the Acceptance Date (as defined above).
Prior to accepting the acceptance, the Customer / Patient confirms that he is acquainted with all the terms of this Agreement, appendices and other documents posted on the Contractor's Website.
2. SUBJECT OF THE AGREEMENT
2.1. This Agreement is a public offer agreement and is drawn up in accordance with the current legislation of Ukraine (Articles 633, 641 of the Civil Code of Ukraine). The Agreement is considered concluded between the Executor, on the one hand, the Customer / Patient, on the other, from the moment of Acceptance by the last all without exception of conditions and provisions of this Agreement.
2.2. In the manner and under the conditions specified in this Agreement and appendices, the Contractor undertakes to provide the Customer / Patient with Services in accordance with the Contractor's license conditions, at the price according to the Price List, taking into account the schedule of the Contractor and its employees. and pay for services.
2.3. The list, cost, conditions and procedure for providing Services are agreed by the parties by registering (entering personal data of the Patient) in the Medical Card through the Mobile application, filling in the electronic Questionnaire by the Customer, or by phone +38 080 033 0036.
2.4. The Contractor has the right to make any changes to the Agreement at any time without any prior or subsequent agreement with the Customer. Amendments to the Agreement shall enter into force upon publication, unless otherwise specified by the Contractor. The Customer must familiarize himself with the terms of the agreement on the Site before requesting any service from among the Services for new versions of the Agreement.
2.5. The location of the Services is considered to be the location of the Contractor.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The Contractor has the right to:
3.1.1. To unilaterally make changes to the list of Services provided by the Contractor and posted on the Contractor's Site, regarding the scope of each Service, terms of its performance, prices of each Service, etc., the provision of which is possible under this Agreement.
3.1.2. If necessary, involve third parties (medical professionals, medical institutions) to provide services to the patient.
3.1.3. Inform the Patient about changes in the Services.
3.1.4. Receive from the Customer any information necessary to fulfill its obligations under the Agreement. The Contractor has the right to suspend the provision of Services if the Customer or the Patient has not provided the information necessary for the provision of Services, or provided incomplete or inaccurate information, until the provision of the necessary information.
3.1.5. Carry out consultations in real time and (or) deferred consultations (duration of consultation irrespective of a mode of carrying out makes to 30 (thirty) minutes from the moment of accession of the Specialist and can be increased in coordination with the last):
220.127.116.11 Real-time consultation involves a consultation in which the Patient (or his legal representative) interacts directly with the Specialist.
18.104.22.168. Carrying out of consultation in the mode of deferred consultations provides consultation at which the Specialist remotely studies medical documents of the Patient and other information on a state of health of the Patient on the basis of which prepares the medical conclusion without direct communication with the Customer.
Real-time consultations take place according to the work schedule of the Contractor and / or its individual Specialists.
3.1.6. Provide Services using telemedicine technology through a Mobile Application or telephone.
3.1.7. Refuse to provide Services:
22.214.171.124. When the provision of such Services is not provided by the License of the Contractor.
126.96.36.199. In the absence of the necessary Specialists and (or) equipment.
188.8.131.52. In the absence of the necessary indications for the provision of the Service.
184.108.40.206. If the patient's disease and condition are accompanied by a threat to his life, require emergency and urgent medical care, the delay of which for some time will lead to deterioration of the patient's condition, threat to his life and health.
220.127.116.11. If the provision of Services is highly likely to cause deterioration of the Patient's health.
18.104.22.168. In case of non-payment of Services, including non-payment (incomplete payment and (or) overdue payment) of Services provided earlier.
3.1.8. Involve for the provision of Services of medical professionals who are not employees of the Contractor, including the involvement of a medical professional of a third-party medical organization in order to obtain additional recommendations for the provision of Services using telemedicine technologies at remote interaction of medical workers. clarification of the diagnosis, determination of the prognosis and tactics of medical examination and appointment of recommendations. In case of involvement of a medical worker of a third-party medical organization, the Contractor has the right to provide him with the necessary patient data for the fulfillment of obligations under this Agreement.
3.1.9. Accept payment for Services in non-cash form when placing an Order by the Patient and / or the Customer.
3.1.10. Unilaterally, in its sole discretion, terminate this Agreement with a refund for services not provided.
3.2. The Contractor undertakes:
3.2.1. Timely and high-quality provision of Services in accordance with the terms of this Agreement and in compliance with the requirements of current legislation of Ukraine.
3.2.2. Ensure the participation of qualified medical personnel for the provision of Services within the framework of fulfillment of obligations under this Agreement.
3.2.3. In their activities for the provision of Services to use diagnostic methods, medical technologies, allowed for use in the manner prescribed by current legislation of Ukraine.
3.2.4. Provide the Patient / Customer with information, including information on the list of Services, indicating their cost and deadlines, the conditions of provision and receipt of these Services.
3.2.6. Provide the Customer / Patient within 24 (twenty four) hours from the start of the consultation a medical opinion on the results of the services provided, which must be notified by sending a push in the Mobile Application in accordance with the contact details provided by the Customer.
3.2.7. Do not provide third parties with Patient data, including personal data, except when necessary to comply with applicable law, regulatory requirements, law enforcement tax and other authorities, fulfill obligations under this Agreement or other agreement under which the beneficiary is a Patient, as well as in cases where the provision of data is carried out for statistical or other research purposes, subject to mandatory depersonalization of data before their provision to a third party. Data, to the extent necessary to achieve these goals, may be provided: to another medical organization in the cases provided for in paragraph 3.1.8 of this Agreement, the insurance company providing medical insurance services to the Patient, organizations providing services to the Contractor to inform the Customer about acceptance or research, carrying out of statistical and other researches and other third parties, on condition of observance by them of confidentiality of the received data.
3.2.8. Inform the Patient in case of impossibility to provide Services on Order in full or in part.
3.3. The Customer / Patient has the right to:
3.3.1. Timely and high quality to receive Services.
3.3.2. Receive information from the Contractor on the scope and content of the Services.
3.3.3. Independently determine the list of Services included in the Order, which he wishes to receive under this Agreement.
3.3.4. Contact the Contractor with suggestions, statements, feedback, etc. regarding the provided Services.
3.3.5. Cancel the Order by sending a written statement of the Patient during the validity of the Order in the following order:
If the Order is canceled at the request of the Customer / Patient during the validity of the Order, and the Services have not yet been provided in part or in full, the paid cost of Services is refundable in the form in which such Services were paid, within 30 working days. The Contractor shall return to the Customer / Patient the cost of the unreceived Services.
The funds are returned to the Customer / Patient to his bank account, from which the payment was made on the basis of the relevant request of the Customer.
3.3.6. Provide your contact details for information about the services provided electronically. The Parties recognize the mobile phone number indicated by the Customer / Patient in the Mobile Application, specified by him at registration, and also at the first address to the Executor by phone to be reliable and sufficient for the purposes of receiving the information in the Mobile application.
3.3.7. Get complete information about the Contractor, the scope and content of the received Services.
3.4. The Customer / Patient undertakes:
3.4.1. Pay for the services of the Contractor in the manner, terms and conditions established by the Agreement. The Customer / Patient is released from the obligation to pay for the Services, insofar as the payment for the Services in favor of the Patient is made by third parties.
3.4.2. Prior to the direct provision of any Services, inform the Contractor about the transferred and existing diseases of the Patient, known contraindications to the use of any drugs or procedures, possible allergic or specific reactions to food, individual characteristics of the body and other relevant health information. The patient.
3.4.3. Provide complete and accurate information, as well as documents necessary to identify the Patient, including the state of health.
3.4.4. Do not allow the use of the Services of third parties, unless otherwise expressly provided by the provisions of this Agreement.
3.4.5. Follow all instructions, appointments, recommendations of the Contractor's Specialists.
4. PRICE AND TERMS OF PAYMENT FOR SERVICES
4.1. The list of the Contractor's services, their price and term of performance are specified in the current Price List of the Contractor on the Site, which may be changed by the Contractor unilaterally. The new Price List is valid from the moment of its publication / update on the Artist's Site, unless otherwise specified.
4.2. The Contractor has no right to change the price of the paid Service after the Order has been accepted by the Contractor and the Patient has received a Push-message in the mobile application to the phone number specified by the Customer / Patient confirming acceptance of the Order by the Contractor.
4.3. The cost of the Services is paid in the national currency of Ukraine - hryvnia, by making a non-cash payment when placing an Order.
4.4. Services are provided to the Customer / Patient subject to 100% prepayment. Payment for services is made by transferring funds to the current account of the Contractor.
4.5. If the Order is canceled upon a written request of the Patient during the validity of the Order, and the Services have not yet been provided in part or in full, the paid cost of the Services is refundable in the form in which such Services were paid for within 30 working days. on return to the Patient of the cost of unreceived Services.
4.6. Confirmation of the provision of services in full and of proper quality from the Contractor to the Customer is the crediting of funds to the current account of the Contractor without their subsequent return.
4.7. Separately, at the request of the Customer, the Parties may sign an act of acceptance-transfer of work performed.
4.8. The Act of acceptance and transfer of Services in two copies is sent to the Customer, the Customer is obliged to return the signed copy of the Act within 3 (three) working days from the date of receipt, or send a reasoned refusal to the Contractor within the specified period.
If within the specified period the Contractor does not receive a copy of the Act signed by the Customer or a reasoned refusal to sign it, the Act is signed without comments, and the Services are provided properly and in full.
5. RESPONSIBILITY 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, disconnection of the power grid, disconnection of the Internet from circumstances beyond the Contractor's control, adoption of legislative acts and other circumstances beyond the Contractor's control. it is impossible for the Contractor to fulfill its obligations under the Agreement in a timely, complete and proper manner.
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 Improper Services, confirmed by a quality control expert, is reimbursed only within the cost of the services paid by the Patient. third party.
5.6. The Contractor is not responsible for the proper functioning and availability of certain segments of the Internet that are beyond the control of the Contractor.
5.7. The Contractor does not control the flow of information available via the Internet, which may include materials that are undesirable for the Patient, or information that offends the honor and dignity of the Patient, and is not responsible.
5.8. The Parties understand and acknowledge that the discrepancy between the result of the provision of 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 a Service of improper quality.
5.9. The Contractor is released from liability for the occurrence of negative consequences arising from the failure of the Customer to notify the information necessary for the provision of the Service, the refusal of additional examinations, objectively necessary for the provision of recommendations; non-fulfillment or improper fulfillment by the Patient of appointments and recommendations of Specialists, including at home; the Patient has diseases that the Customer did not notify the Contractor, and, consequently, not taken into account by the specialist in prescribing recommendations: the Patient has individual intolerance and (or) pathological reaction to drugs and materials used, diseases identified during the provision of Services; the onset of adverse effects that have arisen within the reasonable occupational drug risk.
5.10. The Contractor is responsible for the recommendations provided by his Specialist as a result of the provision of Services using telemedicine technologies, within the medical opinion given by him, the receipt of which completed the relevant consultation.
5.11. If the Contractor fails to comply with the terms of the Agreement, the Customer has the right to terminate it unilaterally and recover from the Contractor the cost of paid but not provided Services, from which the costs actually incurred by the Contractor for the provision of Services are deducted.
6. TERM OF THE AGREEMENT AND CONDITIONS OF ITS TERMINATION
6.1. The Agreement is public and indefinite and is valid 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.
7. FINAL PROVISIONS
7.1. By concluding this Agreement, the Customer / Patient automatically agrees to the full and unconditional acceptance of the provisions of this Agreement and its annexes.
7.2. The Customer / Patient grants permission to collect and process personal data for purposes related to the provision of Services and within the limits set by the legislation 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 Customers. Acceptance of the terms of this Public Agreement (acceptance) is complete and unconditional and means the consent of the Customer / Patient with all the terms of the Agreement without exception and addition. And also indicates that the Customer / Patient understands the meaning of their actions, all the terms of the Agreement are clear to him, the Customer / 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.
7.6. The patient confirms the provision of Informed consent of the patient for diagnosis and treatment in the form approved by the Order of the Ministry of Health of Ukraine from 14.02.2012 № 110 by confirming the Order on the website of the Contractor, namely:
- in order to take into account the factors that may affect the results of the Services, informed the Contractor's Specialist about the medicines used by the Patient, about all known defects, diseases, allergic or specific reactions to medicines and food, other relevant health information The patient;
- had the opportunity to ask any questions regarding the Services provided by the Contractor.
- agrees to the use and processing of my personal data subject to their protection in accordance with the requirements of the Law of Ukraine "On Personal Data Protection"
7.7. 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.
7.8. 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.
7.9. All Annexes to the Agreement are integral parts of this Agreement and are binding on the Parties.
7.10. 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.
- USER AGREEMENT
DOMUS Limited Liability Company
To the Public agreement on the provision of paid medical services
TERMS OF RECEIPT OF TELEMEDIC CONSULTING SERVICES WITH THE HELP OF A MOBILE APPLICATION
1. This User Agreement (Terms of obtaining telemedicine consulting services via the Mobile Application) (hereinafter referred to as the “Agreement”) is an appendix to the Public Offer Agreement on the provision of paid medical services (hereinafter referred to as the “Agreement”) and is not capacitive part. Capitalized terms are used in the meaning given to them in the Agreement, unless otherwise expressly provided in the text of the Policy.
2. By starting to use the Services, by registering in the Mobile Application, the Patient agrees with the following conditions of providing Telemedicine Consulting Services in the Mobile Application.
3. In case of disagreement with the terms of this Agreement, the Patient is obliged to immediately stop using the mobile application.
4. The conditions regulate the procedure for receiving Telemedicine consulting services in the Mobile application and apply to all its users.
5. The Contractor reserves the right to revise and amend the terms of the Agreement. The changes take effect from the moment of their publication on the Artist's Site.
6. The subject of this Agreement is the provision of access to the Mobile Application, its individual functions and the provision of the Patient's personal account.
8. The Patient / Customer undertakes not to use the Mobile Application for commercial purposes without the prior written consent of the Contractor.
9. The Parties hereby agree that when using the Mobile Application, they mutually recognize electronic documents posted on the Contractor's website as equivalent documents on paper, signed by their own signature.
10. The Parties agree to maintain the confidentiality of passwords for access to the account in the Mobile Application.
11. The Parties agree that all actions and electronic documents made and sent to the other Party using the electronic digital signature of the first Party shall be deemed to have been made and sent by the first Party.
12. Electronic interaction between the Contractor and the Patient with the use of the Mobile Application is carried out according to the protected protocols of information transfer.
13. By registering in the Mobile Application, the Patient confirms the voluntary will to grant permission to process his personal data in accordance with the stated purpose of their processing, expressed in writing or electronically.
14. The processing of personal data means any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination (distribution, sale, transfer), depersonalization, destruction of personal data, including including the use of information (automated) systems.
15. The processing of the Patient's personal data is carried out in order to comply with applicable law and the implementation of this Agreement, as well as certain agreements posted on the Contractor's Site.
17. The composition of the Patient's personal data processed by the Contractor depends on the composition of the information specified by the Patient in the Mobile application or when receiving services via the Mobile application. Depending on these conditions, the personal data processed by the Company may include, including, but not limited to:
- last name, first name, patronymic, gender, date of birth, contact phone number;
- e-mail address, pseudonym, photo image (photograph), bank card number, other data;
- data on requests for medical care: information on specialization and the Specialist, other data that were reported by the Patient;
- data required to receive medical care: the name of the insurance company, information about the program of voluntary medical insurance, the number of the policy of voluntary medical insurance of the insured person;
- data related to the provided medical care: information on the provided medical care and terms of its provision, information on the conditions and scope of the provided medical care, applied standards of medical care, information on the specialists who provided medical care;
- health data: disability group, blood group and rhesus factor, information on drug tolerability, other data;
- data required for the issuance of a certificate of incapacity for work and other medical documentation: surname, name, patronymic (if any), place of birth, citizenship, identity document data, place of registration, date of registration, place of residence, type of education, type employment, place of work and position, series and number of the issued certificate of incapacity for work (if any);
- data needed to improve the quality of service and services: Patient feedback on the convenience of the Mobile application, the quality of services received, records of telephone conversations of the Patient and co.promises of the Artist's call-center;
- data made by the Patient publicly available.
18. The Personal data of the Patient specified by him at registration and those used in the Mobile application are available in the Mobile application. In order to be able to view personal data related to the provided medical services in the Mobile application, the Patient must go through the identification procedure using the mobile application.
19. Medical services may be provided by the Patient by the Contractor or by third parties involved.
20. In order to achieve the objectives set out in this Agreement, the Contractor may transfer the Patient's personal data to third parties. The transfer of personal data to third parties is carried out to the extent necessary for the purposes of their processing. Third parties to whom the Contractor may transfer the Patient's personal data include: medical organizations, companies providing services for the integration of information systems of medical organizations, insurance companies (in the case of medical services under a voluntary health insurance policy), pharmacies that are partners Contractor (in case of ordering medicines in a pharmacy), organizations that provide services to the Contractor to inform customers (information and advertising messages), operators, organizations that provide information services for statistical and marketing research, other third parties, for conditions for mandatory depersonalization of personal data.
21. Processing of personal data by the Contractor is carried out within the time necessary to achieve the purposes of personal data processing specified in this Agreement or other agreements and agreements published on the Site, and before the expiration of storage of relevant data determined by applicable law.
22. This Agreement may be terminated at any time on the basis of a written statement of the Patient or his legal representative, for this purpose it is necessary: to apply to the Contractor, to identify oneself as a personal data subject, or as a legal representative of a personal data subject, fill in the relevant application and send it to the Contractor's e-mail address and follow the instructions of the Contractor's employees.
24. The patient has no right to request any changes to the Mobile application of the Artist or his own account.
25. The Contractor may at any time terminate the operation of the Mobile Application (completely or temporarily) without prior notice. The Contractor in this case is not responsible for terminating access to the Mobile Application.
26. The Contractor shall not be liable for the consequences of a breach of the Patient's confidentiality obligations, whether the breach was committed intentionally or accidentally.
27. The Contractor shall make every effort to ensure the accuracy and uninterrupted operation of the Mobile Application. All information and materials are provided on an "as is" basis, without warranty of any kind, either express or implied.
28. The Contractor shall not be liable for incomplete, inaccurate, incorrect indication by the Patient of his data when creating an account in the Mobile Application or directly upon receipt of the Service, as well as for all related actions.
29. The information on the Site regarding the use of the Mobile Application is constantly updated and may become obsolete at any time. The Contractor is not responsible for obtaining outdated information from the site, as well as for the patient's inability to receive updates of information available on the Contractor's Site.
30. The Agreement is valid from the moment of registration of the Patient in the Mobile application and during all period of use of the Mobile application by the Patient.
31. The patient undertakes to carefully read this Agreement. In case of disagreement with its terms, the Patient undertakes to immediately stop using the Mobile Application.
32. The Agreement is governed by and construed in accordance with the laws of Ukraine. Issues not regulated by this Agreement or other agreements and arrangements posted on the Contractor's Site shall be resolved in accordance with the current legislation of Ukraine. All possible disputes arising from the relations regulated by this Agreement shall be resolved in accordance with the procedure established by the current legislation of Ukraine.