Public Offer Agreement for the Provision of Services

Limited Liability Company “Dokos Medical” (hereinafter referred to as the Contractor), license for carrying out medical practice dated 16 November 2017 No. 1420, represented by Director Kostiantyn Yuriiovych Znachkov, acting on the basis of the Charter, guided by Articles 633 and 641 of the Civil Code of Ukraine, offers an unlimited number of individuals to enter into an Agreement for the provision of services (hereinafter referred to as the Agreement) on the following terms, which are the same for everyone:

TERMS USED IN THIS AGREEMENT

Services means medical and other services provided by the Contractor on the premises of the medical center, as well as, where permitted by the nature of the service and the current legislation of Ukraine, at the patient’s location, remotely using telephone communication, the Internet and other telecommunications means, in the manner and on the terms defined by this Agreement, in accordance with the List of Services posted on the Contractor’s Website and in other places provided for by law (hereinafter referred to as the List of Services).

Public Offer means the Contractor’s proposal set out on the Contractor’s website and addressed to an unlimited number of individuals to enter into this Agreement on the specified terms.

Patient means a legally capable individual (legal representative) who has contacted the Contractor for the purpose of receiving medical, consulting, diagnostic or other services provided by the Contractor, including by submitting an application, making an appointment, registering or otherwise contacting the Contractor through the website, mobile communication means, telephone, messengers or other communication channels, and who has accepted the terms of this Agreement in the manner defined herein.

If the Patient is a minor or underage person, the rights and obligations defined by this Agreement are automatically imposed on his or her legal representative. The term “Patient” includes the term “Legal Representative”.

Acceptance means the full, unconditional and unreserved acceptance (consent) by the Patient of the terms of the public offer of this Agreement by completing the Patient Questionnaire and undertaking to comply with the terms of this Agreement.

Patient Questionnaire means the personalized data of the individual applying to the Contractor for the provision of services, in the scope determined by the Contractor, and a checkbox for indicating agreement with this Agreement and permission to process his or her personal data.

Contractor’s Website means the web page on the Internet at https://docos.one/, which is the official source of information for the Patient about the Contractor and the services provided by the Contractor.

I. SUBJECT MATTER OF THE AGREEMENT

This Agreement is public and shall be deemed concluded between the Contractor, on the one hand, and the Patient, on the other hand, from the moment the latter accepts the terms and provisions of this Agreement.

In the manner and on the terms defined by this Agreement, the Contractor undertakes to provide services to the Patient, and the Patient undertakes to accept them and pay for them in accordance with the approved price list for the provision of services.

The Contractor provides the Services at the medical center at the place where the services are provided, and also, in cases provided for by the nature of the Service and the legislation of Ukraine, at the patient’s location, remotely using telephone communication, the Internet and other telecommunications means.

Place of provision of the Services:

Ukraine, Kyiv, 52 Hetmana Pavla Polubotka St.;

Ukraine, Kyiv, 20A Volodymyra Ivasiuka Ave.

By agreement of the Parties, the Services may be provided at the Patient’s location.

The Services are provided during the Contractor’s working hours indicated on the website https://docos.one/

The Contractor confirms that it carries out its activities on the basis of the necessary permits for conducting business activities in medical practice related to the performance of this Agreement, and shall be liable in the event of violation of the Patient’s rights in the process of performing the Agreement and implementing the Services. The Contractor provides services on the basis of License of the Ministry of Health of Ukraine dated 16 November 2017 No. 1420.

The Agreement is binding on the Contractor from the moment it is published on the Contractor’s website.

II. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The Patient has the right:

• to confidentiality regarding his or her health condition, the fact of seeking medical assistance, diagnosis, and information obtained during his or her medical examination;
• to request replacement of the doctor.

2.2. The Patient has the right to receive:

• services of the Contractor of proper quality;
• reliable and complete information about his or her health condition, including the right to review the relevant medical documents concerning his or her health that are kept by the Contractor;
• reliable and complete information about contraindications, possible complications and risks (including risks to life and health), and the prognosis of possible disease development when medical services are provided to the Patient.

2.3. The Patient undertakes:

• to provide complete and reliable information about himself or herself in the Patient Questionnaire, to provide originals or copies of documents containing information about his or her health condition that are necessary for the Contractor to provide medical services, to inform the Contractor of the full list of medicinal products used by the Patient, as well as of all known diseases, defects, allergic or specific reactions to medicinal products and food products, and other essential information about his or her health condition;
• to strictly comply with oral or written instructions and recommendations of the Contractor’s doctors and other specialists;
• to inform the Contractor of improvement or deterioration of well-being, the appearance or disappearance of symptoms, and other information about changes in the Patient’s health condition during the treatment period;
• in case of violation of, or inability to comply with, the treatment plan, to inform the Contractor thereof;
• to pay the cost of the Services in the manner and on the terms defined by this Agreement.

2.4. The Contractor has the right:

• to engage third parties with the necessary qualifications to provide the Services;
• if the Patient violates the appointment time, to unilaterally change the date/time for providing the Services or cancel the provision of such Services;
• to verify the information provided by the Patient, as well as the Patient’s compliance with the terms of the Agreement;
• to suspend the provision of Services to the Patient for the period of checking the Patient’s compliance with the terms of the Agreement if there are reasonable doubts regarding proper performance or a violation by the Patient of the terms of this Agreement;
• to refuse to provide Services to the Patient and terminate this Agreement if it is discovered that false data were provided in the Patient Questionnaire, notifying the Patient by any available means of communication at the Contractor’s discretion;
• to demand that the Patient comply with the terms of this Agreement;
• to conduct promotions, provide discounts, implement loyalty programs, special bonus programs, etc., in the manner provided for by the current legislation of Ukraine.

2.5. The Contractor undertakes:

• to provide the Patient with Services of proper quality in accordance with this Agreement and the current legislation of Ukraine;
• to provide the Patient with Services taking into account the provisions of the Law of Ukraine “On Personal Data Protection” and the principles of preservation and non-disclosure of medical and/or confidential information;
• to ensure the Patient’s access to information about the Services, their prices, promotions, discounts, implementation of loyalty programs, special bonus programs, etc.;
• to consider written proposals and complaints of the Patient regarding the quality of the Services in accordance with the requirements of the Law “On Citizens’ Appeals”.

III. PRICE OF THE AGREEMENT AND PAYMENT PROCEDURE

3.1. The price of this Agreement is determined as the amount of the Services provided to the Patient and accepted by the Patient.

The price of the Agreement may also be determined as the amount of the Services ordered in advance by the Patient.

3.2. The cost of each Service is determined in accordance with the approved Price List for the Contractor’s services.

3.3. Payment for the Services by the Patient shall be made in the amount of 100% of the price established in the Price List in accordance with the Service selected by the Patient.

IV. PROCEDURE FOR PROVIDING AND ACCEPTING SERVICES

4.1. The Services are provided by the Contractor’s specialists who have the appropriate specialized education and meet the unified qualification requirements in accordance with the legislation of Ukraine.

4.2. The Services are provided after submission of the Patient Questionnaire by prior appointment arranged by the Contractor. The date and time of provision of the Service are agreed between the Contractor and the Patient; the content of the conversation may be recorded by the Contractor using a special recording device.

4.3. Based on the results of the Services provided, the Contractor is obliged to provide the Patient with a conclusion and/or prescriptions, which confirm the fact that the Services have been provided.

4.4. The fact that the Services have been provided may be confirmed by the Contractor’s medical documentation, conclusions, recommendations, prescriptions, electronic records in the Contractor’s information system, data regarding an online consultation, correspondence with the Patient, and records in the Electronic Healthcare System.

V. LIABILITY OF THE PARTIES

5.1. The Parties shall be liable in accordance with the requirements of the current legislation of Ukraine.

5.2. The Parties shall not be liable for breach of their obligations under this Agreement if such breach occurred through no fault of theirs. A Party shall be deemed not at fault if it proves that it has taken all measures within its control for the proper performance of the Agreement.

5.3. The Contractor shall not be liable for failure to provide the Services if this was caused by force majeure circumstances. Force majeure circumstances shall mean fires, earthquakes, other natural phenomena, natural disasters, actions of third parties, military actions, adoption of legislative acts, and other circumstances beyond the Contractor’s control that make timely, complete and proper performance of the Contractor’s obligations under the Agreement impossible.

5.4. The Contractor shall not be liable in the event of complications in the Patient or for harm caused to the life and health of the Patient as a result of:

• failure by the Patient to fulfill the obligations provided for in clause 2.3 of this Agreement, including the Contractor’s instructions and recommendations, the treatment plan, etc.;
• failure by the Patient to report essential information about deterioration of the Patient’s health condition;
• use of medicinal products and medical devices of improper quality or those not prescribed by the Contractor;
• failure by the Patient to provide information about the Patient as provided for in part 1 of clause 2.3 of this Agreement;
• receiving medical assistance in other healthcare institutions;
• development of diseases or pathology not related to the provision of medical services under this Agreement.

5.5. The Contractor’s liability to the Patient in the event that the Patient submits claims/demands for compensation for harm and compensation for moral damage as a result of failure to provide and/or provision of Services of improper quality, confirmed by the conclusion of a quality control expert, shall be compensated within the cost of the relevant Service paid for by the Patient.

5.6. The Contractor shall not be liable for the proper functioning and availability of certain segments of the Internet that are beyond the Contractor’s control.

5.7. The Patient agrees that expectations from the provision of a Service may not coincide with the result after the Service is provided.

5.8. The Parties understand and acknowledge that a discrepancy between the provision of a particular Service and the result that the Patient expected and wished to receive when applying for the relevant Service does not in itself constitute the provision of such Service of improper quality.

VI. TERM OF THE AGREEMENT AND CONDITIONS FOR ITS TERMINATION

6.1. The Agreement is indefinite and remains in effect until terminated by either Party in the manner established by this Agreement.

6.2. The Agreement may be terminated early:

• by a court decision;
• in the event of prolonged duration (more than two months) of force majeure circumstances;
• in the event of termination/suspension of the Contractor’s medical practice License;
• termination of the Contractor’s activities as a result of liquidation or bankruptcy;
• if the Contractor discovers that the data contained in the Patient Questionnaire are false.

VII. DISPUTE RESOLUTION PROCEDURE

7.1. All disagreements and disputes that may arise in the process of providing the Services in connection with the acceptance, performance and/or breach of the provisions of this Agreement shall be resolved through negotiations between the Parties.

7.2. If the Parties fail to reach agreement, the Patient reserves the right to submit a claim/demand, which shall be considered by the Contractor in accordance with the requirements of the Law “On Citizens’ Appeals” for the purpose of resolving disagreements and disputes in a pre-trial procedure.

7.3. If it is impossible to resolve the conflict in a pre-trial procedure, all disputes and disagreements shall be resolved in court in accordance with the requirements of the current legislation of Ukraine.

VIII. AMENDMENT OF THE TERMS OF THE AGREEMENT

8.1. The Contractor reserves the right to amend this Agreement unilaterally.

8.2. Amendments to this Agreement are made by publishing a new version of the Agreement.

8.3. The Patient shall be deemed notified of amendments to the Agreement from the moment the new version of the Agreement is published on the Contractor’s Website.

8.4. Amendments to the Agreement that have entered into force apply to all Patients.

IX. CONFIDENTIAL INFORMATION, FINAL PROVISIONS

9.1. By entering into this Agreement, the Patient automatically agrees to the full and unconditional acceptance of the provisions of this Agreement published on the Contractor’s website.

9.2. By completing the Questionnaire, the Patient agrees to the terms of this Agreement without exceptions or additions and grants permission for the collection and processing of the personal data specified in the Questionnaire for purposes related to the provision of the Services and within the limits determined by the legislation of Ukraine.

9.3. Acceptance of this Agreement also indicates that the Patient understands the meaning of his or her actions, that all terms of the Agreement are clear to the Patient, and that the Patient is not under the influence of mistake, deception, violence, threat, or the like.

9.4. This Agreement does not apply to relations between the Parties that are regulated by other contracts and agreements personally signed by the Parties.

9.5. The Contractor may make an audio recording of conversations with the Patient during the relevant telephone call or other remote communication. Such recording is confidential and may be provided to third parties only in cases provided for by the legislation of Ukraine, in particular by court decision.

9.6. Any information received by the Contractor from the Patient before, during or after the provision of the Services under this Agreement shall be deemed confidential.

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

9.8. Recognition of any provision or clause of this Agreement or its annexes as invalid shall not affect the validity of other provisions and terms of the Agreement.

9.9. All Annexes to the Agreement are integral parts of this Agreement and are binding on the Parties for performance and compliance.

9.10. Information about all Services is available on the Contractor’s Website.

X. LOCATION AND DETAILS OF THE CONTRACTOR

Limited Liability Company “Dokos Medical”

Legal address:
03110, Kyiv, Solomianskyi District, 3 Oleksiivska Street

Actual address:
02094, Kyiv, 52 Hetmana Pavla Polubotka St.;

04210, Kyiv, 20A Volodymyra Ivasiuka Ave.

EDRPOU code 40484717

Current account UA32 305299 00000 26002026202849, MFO 300711 at PJSC CB “PRIVATBANK”

Corporate income taxpayer on general grounds.

Not a value added tax payer

tel.: (044) 333 64 51; (067)1939060

e-mail: info@docos.one

Corporate income taxpayer on general grounds, not a VAT payer

License of the Ministry of Health of Ukraine No. 1420 dated 16 November 2017.

Director: Kostiantyn Yuriiovych Znachkov