PUBLIC OFFER AGREEMENT
ON THE PROVISION OF MEDICAL AND COSMETOLOGICAL SERVICES
MEDICAL CENTER
Ltd»EXCELLENCE.»
KyivApril 20, 2023
LIMITED LIABILITY COMPANY » EXCELLENCE.«(EDRPOU code 39746354), acting on the basis of a license to carry out business activities in medical practice, decision No. 106 dated 18.02.2016, hereinafter referred to as «Executive», duly registered in accordance with the legislation of Ukraine, and the natural person who applied to the Contractor to receive medical services (hereinafter referred to as the «Patient») and/or cosmetology services (hereinafter referred to as the «Client»), collectively referred to as the «Parties», and each individually as a «Party», entered into this agreement on the following.
1. TERMS AND DEFINITIONS
In this Agreement, the following terms, concepts and definitions are used in the following sense:
1.1 A public offer is an offer by the Contractor (published on the Contractor’s Website) addressed to an unlimited number of persons in accordance with the legislation of Ukraine on the conclusion of this Agreement under specified conditions.
1.2 Acceptance is a legally significant action, the consequence of which is the complete, unconditional and unconditional acceptance by the Patient or Client of the terms of the Public Offer of this Agreement and the Rules for the provision of services of «EXCELLENCE.» LLC. Acceptance is carried out by making an appointment with the specialists of «EXCELLENCE.» LLC. and/or filling and signing by the Patient or Client of Appendix No. 1 (voluntary informed consent) to this Agreement and is provided to the patient or client for filling out at the place of service provision.
1.3. Cosmetology Service — a set of Services provided by the Contractor in the manner and under the conditions specified by this Agreement and the Rules for the provision of services of «EXCELLENCE.» LLC, which is Appendix No. 2 to this Agreement. The full list of Cosmetology Services that can be provided by the Contractor is determined in accordance with the data of the Contractor’s Price List posted on the website and official pages center in networks
(https://excellenceclinic.com.ua/, https://www.instagram.com/excellence_clinic/, https://www.facebook.com/Excellence.Kiev/, https://www.youtube.com/channel/UCVzHXZ3UndOpv3hqejlWaIQ), in the Consumer’s Corner and/or at the reception of the Center at the place of provision of Services.
1.4. Medical service – a certain action or set of actions performed by the Contractor’s medical staff in the Contractor’s medical office for the purpose of prevention, diagnosis, treatment or rehabilitation of the Patient’s diseases, pathologies or conditions.
1.5. The client is a natural person with full legal capacity who applied to «EXCELLENCE.» LLC. to receive cosmetology services and filled out and signed the client’s informed consent, which is Appendix No. 1 to this Agreement at the place of service provision.
1.6. A patient is a natural person who appliedto «EXCELLENCE.» LLC to receive services and/or completed and signed the information consent, which is Appendix No. 1 to this Agreement at the place of service provision. If the consumer of the services is a minor or an incapacitated person, the rights and obligations stipulated by this Agreement for the Patient are acquired by the legal representative of such a person.
1.7. The Contractor’s website — web pages on the Internet at the following addresses: https://excellence-clinic.com.ua/, https://www.instagram.com/excellence_clinic/, https://www.facebook.com/Excellence.Kiev/, https://www.youtube.com/channel/UCVzHXZ3UndOpv3hqejlWaIQ), — is the official source of informing Patients and Clients about the Contractor and the services provided by him.
1.8. The client’s informed consent is the patient’s consent to the medical service, or the Client’s consent to the cosmetology service, which is issued in writing at the place of service provision, by signing a separate form approved by the Contractor as Appendix No. 1 to this Agreement.
2. SCOPE OF THE CONTRACT
2.1. The Contractor undertakes, upon the order and consent of the Patient or Client, to provide the latter (or the person in whose interests this Agreement is concluded) one or more paid medical or cosmetology services (hereinafter — Services) from the list of the Contractor’s services in accordance with the established diagnosis or in the case of cosmetology services – the desire of the Client, and the Patient or the Client undertakes to accept and pay for the Services under the conditions specified in this Agreement.
2.2. The scope, type, cost and terms of the provision of Services are determined taking into account the health of the Patient or the Client, medical indications, the wishes of the Patient or the Client and the technical capabilities of the Contractor.
2.3. Based on the initial examination of the Patient, the attending physician establishes a preliminary diagnosis, determines the methods and possible options for treatment, the consequences of treatment and expected results, the degree of risk and possible complications, and informs the Patient in detail about this. A necessary condition for the execution of the Agreement is the Patient’s consent to the proposed treatment, which is evidenced by the Patient’s signature of Appendix No. 1 to this Agreement at the place of service provision.
2.4. In the case of providing cosmetology services based on the Client’s examination, the Beautician/Masseur/Esthetician/Pedicurist determines the methods and possible options for providing cosmetology services, the expected results, the degree of risk and possible complications, informs the Client in detail about this, which is confirmed by the Client’s signature of the informed consent, which is Annex No. 1 to this Agreement according to the place of service provision.
2.5 In the case of providing injection cosmetology services based on the Client’s examination, the attending physician determines the methods and possible options for providing cosmetology services, the expected results, the degree of risk and possible complications, informs the Client in detail about this, which is confirmed by the Client’s signature of the informed consent, which is an Appendix No. 1 to this Agreement at the place of service provision.
2.6. During the validity of the Agreement, the Parties may makemultiple Treatment Plans (in which case the terms of the additional Treatment Plan will be in addition to the previous Treatment Plan) or change the Treatment Plan.
2.7. The patient or the Client agrees that if it is necessary to conduct an additional examination or receive a consultation from a specialist who is not available from the Contractor, he is obliged to undergo this examination or consultation within the terms set by the Contractor, paying for these services at the rates of the relevant medical institution.
3. PROCEDURE FOR PROVIDING SERVICES
3.1. Services are provided by «EXCELLENCE.» LLC. in accordance with the Rules, using the appropriate equipment and medical products and drugs approved for use.
3.2. The attending physician or Beautician/Masseur/Esthetician is appointed by the Executor.
3.3. Services are provided in accordance with the Information Voluntary Consent of Appendix No. 1 to this consent of the Patient for diagnosis and treatment, or the Client for cosmetology procedure in the form determined by the Contractor, before the provision of the first Service and before the provision of Services, the list of which is determined by the Contractor. The parties have agreed that the signing of the informed consent is a necessary precondition for the commencement of the provision of Services.
3.4. Services are provided by appointment. Provision of Services without prior appointment is possible only in cases where there is no prior appointment at that time of other Patients or Clients. The date and time of provision of each Service shall be agreed orally by the Contractor and the Patient or Client.
3.5. The date and time of provision of each Service may be changed at the initiative of the Patient or Client before the deadline for provision of such Service.
3.6. If the Patient or Client is late for more than 30 minutes, which led to a shift in the appointment schedule, the Patient or Client is assigned another visit time at the discretion of the Executive.
3.7. The date and time of provision of each Service may be changed at the initiative of the Contractor in the event of:
3.7.1. If the state of health of the Patient or the Client before the start of the provision of the Service makes it impossible to provide it or significantly increases the risks of complications, threats to the life or health of the Patient or the Client and other serious or negative consequences.
3.7.2. The occurrence of force majeure circumstances that make it impossible for the Contractor to provide the Service.
3.8. The Contractor has no right to disclose to third parties information about the illness, medical examination, examination and their results, intimate and family aspects of the Patient’s or Client’s life, which became known in connection with the execution of this Agreement, except for cases provided for by the legislation of Ukraine.
4. COST OF SERVICES AND CALCULATION PROCEDURE
4.1. The cost of the Services provided under this Agreement is determined in accordance with their volume and the tariffs (price list) for the Services approved by the Contractor. Tariffs (price list) for Services have the legal force of an agreed price agreement.
4.3. Services are paid for by the Patient or Client in one of the following ways at the Patient’s or Client’s choice:
(a) cash payment to the Contractor’s cash desk;
(b) payment by means of a payment card using a payment device of the Contractor’s bank; (c) payment of the Contractor’s bills by non-cash settlement.
4.4. Services are paid for by the Patient or Client on the day the Service is provided — before the Service is provided or immediately after it is provided, in the amount of the full cost of the Service provided in a specific visit.
4.5. The Patient or Client has the right to pre-pay for the Services. The cost of the Services paid by the Patient or the Client as an advance payment cannot be revised by the Contractor in the event of a change in the tariffs for the Services and is set in accordance with the tariffs effective on the day of payment.
4.6. Non-cash payment services are provided only on condition of 100% advance payment.
4.7. The Patient or Client may be granted a discount on the cost of the Service, the amount of which is determined in accordance with the procedure established by the Contractor.
4.8. In case of impossibility of providing the Services (part of the Services) due to non-appearance of the Patient or Client, refusal of the Patient or Client to further receive the Services, violation of the terms of this Agreement and (or) Rules by the Patient, the Contractor shall not refund the funds.
4.9. The patient or the Client has no right to refuse to pay for the agreed and actually provided Services.
5. RIGHTS OF THE PARTIES
5.1. The patient or client has the right to:
5.1.1. To receive Services in the scope and under the conditions provided for in this Agreement and in accordance with the Rules for the provision of services of «EXCELLENCE.» LLC.
5.1.2. To receive the necessary and reliable information about the Contractor, his activities, the scope of services provided by him.
5.1.3. During the consumption of the Services, to receive assistance (consulting) from the Contractor’s specialists who have professional knowledge and skills regarding the provision of the Services.
5.1.4. Notify the Executorabout your wishes, suggestions, comments regarding the activities of the Contractor and the Services provided under the Agreement.
5.1.5. Apply in writing to the Contractor with proposals for improving the process of providing Services and promotional offers.
5.1.6. The patient has the right to read the entries in the personal medical record only in the presence of the attending physician or representative of the Contractor.
5.2. The patient or client undertakes to:
5.2.1. When applying to the Contractor for the provision of Services, accept this Agreement by signing the information agreement, which is Appendix No. 1 to this Agreement at the place of service provision and/or making an appointment with the Contractor’s specialist.
5.2.2. Notify the Contractor of reliable information about personal data, information about possible contraindications (health conditions, etc.) to receiving Services.
5.2.3. Strictly comply with the requirements of this Agreement.
5.2.4. Accept and pay for the Services provided by the Contractor in the manner and on the terms specified in this Agreement.
5.2.5. Appear for the provision of services at the time agreed with the Contractor and reserved.
5.3. The executor has the right to:
5.3.1. Require the Patient or Client to comply with the terms of this Agreement.
5.3.2. Receive timely and full payment for the Services provided from the Patient or Client.
5.3.3. Unilaterally refuse to perform this Agreement or suspend its performance if there are reasons to believe that the provision of Services may harm the Client or the Patient and cause other adverse consequences for him or herself or third parties, which will be considered the impossibility of performing this Agreement due to the fault of the Patient or the Client and will not incur any liability of the Executor.
5.3.4. Establish and cancel various discounts, marketing promotions, benefits, establish discount programs, loyalty programs, etc., without agreement with the Patient or Client.
5.3.5. For the purpose of safe and effective provision of Services, require the Patient or Client to provide any information and documents, including medical ones, related to the provision of services under this Agreement.
5.3.6. Refuse the Patient or Client to provide Services under the Agreement in the event that the Patient or Client violates the terms of this Agreement.
5.3.7. The Contractor has the right to photograph the results of Before and After procedures, photos and videos of the procedure, and the Patient or Client consents to their use for the Contractor’s advertising purposes.
5.4. The performer undertakes:
5.4.1. ProvideThe Patient or Client can receive Services in accordance with this Agreement.
5.4.2. Provide Services to the Patient or Client taking into account the provisions of the current legislation of Ukraine, provided that he has the ability to provide the Patient or Client with the relevant Services.
5.4.3. Provide the Patient or Client with the opportunity to receive information on the provision of Services.
5.4.4. Notify the Patient or Client of information about all promotions, discounts, changes to the terms of the Agreement, changes to the Contractor’s work regime, implementation or cancellation of loyalty programs, etc. by placing such information in the Consumer’s Corner (at the administrator) and/or on the Contractor’s Website.
5.4.5. In case of violation of the rules of providing services to the Patient or Client and/or the terms of this Agreement, take all possible measures to stop this violation.
5.4.6. To consider written proposals of the Patient or Client regarding the improvement and quality of the provision of Services and Promotional Offers.
5.4.7. The list of rights and obligations of the Parties defined by this section of the Agreement is not exhaustive. The parties have other rights and obligations stipulated by this Agreement and the norms of the current legislation of Ukraine.
6. RESPONSIBILITIES OF THE PARTIES
6.1. The parties bear the responsibility stipulated by the current legislation of Ukraine.
6.2. The parties are not responsible for the violation of their obligations under this Agreement, if it occurred through no fault of theirs. The party is considered innocent if it proves that it has taken all measures dependent on it for the proper execution of the Agreement. The Contractor shall not be liable if the deficiencies of the Services are caused by non-compliance with the oral and/or written instructions of the Contractor and his employees, given to the Patient or the Client during the provision of the Services.
6.3. The executor is not responsible if it was caused by force majeure (force majeure). Force majeure means: 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, which make it impossible for the Contractor to fulfill its obligations in a timely, complete and proper manner according to the contract.
6.4. The Contractor’s liability to the Patient or Client in the event of the latter’s demands/claims for compensation for damage and/or compensation for moral damage as a result of non-provision and/or provision of Services of inadequate quality, which must be documented in accordance with the procedure provided for by the legislation in force in Ukraine, is limited in the amount of the cost of the relevant Services paid by the Patient or Client.
6.5. The Contractor is not responsible for the actions/inaction of third parties (owners of the building in which the Services are provided, representatives of communal services, etc.), as a result of which the Contractor was unable to fulfill its obligations under this Agreement.
6.6. The Contractor is not responsible for damage caused to the health or property of the Patient or the Client by the actions of third parties or by the actions or inaction of the Patient or the Client himself.
6.7. The Patient or Client must take care to keep their personal belongings safe during the provision of the Services. The Contractor is not responsible for the safety of the Patient’s or Client’s personal belongings.
6.8. In connection with the special nature and specificity of the Services provided by the Contractor, as well as the dependence of their results on the actions/inaction of the Patient or Client and the properties of his organism, the Contractor does not provide guarantees regarding the results of the Services provided. The parties understand and acknowledge that the inconsistency of the result of the provision of this or that Service with the result that the Patient or Client expected and desired to receive when applying for the provision of the corresponding Service, in itself is not a fact of the provision of such Service of inadequate quality and is not a consequence of the return of funds to the Patient or Client .
7. TERM OF THE AGREEMENT AND CONDITIONS OF ITS TERMINATION
7.1. This Agreement is public and valid from the moment of its Acceptance by the Patient or Client and is valid for 365 (three hundred and sixty-five) calendar days. In the event that none of the Parties
informs the other Party about the desire to terminate this Agreement no later than 15 (fifteen) calendar days before the end of its validity period, it is considered to be extended (prolonged) for every next 365 (three hundred and sixty-five) calendar days on the same terms. The number of extensions (prolongations) is not limited.
7.2. This Agreement is publicly brought to the attention of all Patients or Clients by posting it (publication) on the Contractor’s Website.
7.3. The contractor independently determines the terms of the Agreement. The Contractor independently has the right to change the terms of the Agreement with mandatory posting of a notice to this effect on the Contractor’s Website.
7.4. When making changes to this Agreement,The Contractor shall post a notice of such changes on its Website at least 5 (five) calendar days before the changes enter into force, except for cases for which the Agreement establishes a different period and/or procedure for notification of changes, as well as cases in which the Contractor is not obliged to inform the Patient or the Client about making changes. At the same time, the Contractor guarantees and confirms that the current version of the text of this Agreement posted on the Contractor’s Website is valid.
7.5. In case of violation of the terms of the Agreement by the Patient or the Client, the Agreement may be prematurely terminated/terminated by the Contractor unilaterally without returning the paid funds to the Client, while the services are considered to be provided in full and properly.
8. SETTLEMENT OF DISPUTES
8.1. All disputes and controversies that may arise in the process of providing Services by the Contractor, in connection with the acceptance, implementation and/or violation of the provisions of this Agreement and the Rules for providing the relevant Services, shall be settled through negotiations between the Parties.
8.2. In the event of failure to reach an agreement through negotiations, the Patient or Client reserves the right to present claims, which must be considered by the Contractor within a reasonable time, in order to settle disputes and disputes in a pre-trial manner. All claims in connection with the services provided by the Contractor must be declared in writing within three days from the date of their provision of such services. In the absence of claims from the Patient or Client during
of this term, it is considered that the Services are provided by the Contractor in good quality and in accordance with the conditions agreed by the Parties. The Contractor has the right to refuse the Patient or the Client to consider the claims made after the expiration of the three-day period from the moment of providing the Services.
8.3. In case of failure to reach an agreement between the Parties, through negotiations and the impossibility of pre-trial settlement, all disputes and controversies shall be resolved in a court of law at the location of the Contractor.
8.4. All legal relations arising from this Agreement or related to it, including those related to the validity, conclusion, execution, amendment and termination of this Agreement, interpretation of its terms, determination of the consequences of invalidity or violation of the Agreement, are regulated by this Agreement and the relevant the norms of the legislation in force in Ukraine, as well as the customs of business turnover applied to such legal relations based on the principles of good faith, reasonableness and justice.
9. FINAL PROVISIONS
9.1. By concluding this Agreement, the Client automatically agrees to the full and unconditional acceptance of the provisions of this Agreement, approved by the Contractor and published on the Contractor’s website.
9.2. Recognizing any provision or clause of this Agreement or its Addendum as invalid does not affect the validity of the remaining provisions and conditions of the Agreement.
9.3. The Parties certify that this Agreement has been concluded with full understanding by the Parties of its terms and terminology in compliance with all general requirements necessary for the validity of the deed in accordance with Art. 203 of the Civil Code of Ukraine.
9.4. Placing relevant information in the Consumer’s Corner, which is located at the place of provision of Services and/or on the Contractor’s Website, is considered proper notification and provision of information to consumers of the Services specified in this Agreement.
9.5. This Agreement is public in accordance with Articles 633, 641 of the Civil Code of Ukraine and its terms are the same for all Clients. Acceptance of the terms of this Agreement (acceptance) is complete and unconditional and means the agreement of the Patient or the Client with all the terms of the Agreement without exception and addition, and also indicates that the Patient or the Client understands the meaning of his actions, all the terms of the Agreement are clear to him, the Patient or the Client is not under the influence of error, deception, violence, threats, and the like.
9.6. All Appendices to the Agreement are integral parts of this Agreement and are mandatory for execution and compliance by the Parties.
9.7. In order to ensure security, video recording may be carried out at the place of service at the reception. The patient or client gives his unconditional consent to video recording at the reception in his presence.
9.8. By accepting the Agreement, the Patient or Client declares that he is aware that the fact of concluding this Agreement means that:
a) The Patient or Client is familiar with and consciously agrees to comply with all the terms of this Agreement; b) The Patient or Client is familiar with the cost of the Services under this Agreement, which is completely satisfactory to him; c) the state of health of the Patient or Client allows him to consume the Services of the Contractor in accordance with this Agreement, and that the Patient or Client has no contraindications to the provision of services under this Agreement;
d) The Patient or Client gives his consent to the use of his personal data by the Contractor for any purposes, if such purposes do not contradict the current legislation of Ukraine.
9.9. The following categories of personal data of natural persons are processed: documents issued in the name of natural persons, documents signed by them, information that these persons provide about themselves, in particular, surname, first name, patronymic, passport data, personal signature; place of residence and/or place of residence of an individual; Bank details; electronic identification data (e-mail address, phone number); registration number of the tax payer’s registration card of an individual (individual tax number).
The Contractor receives the Client’s personal data from open sources, as well as directly from the Patient or Client in written documents submitted by the Patient or Client in the name of the Contractor, as well as by the Patient or Client providing the Contractor with copies of documents containing the Patient’s or Client’s personal data.
9.10. The Patient or the Client gives his consent to the following actions by the Contractor with the personal data of the Patient or the Client: collection, processing, storage, entry into the Contractor’s databases (including electronic databases), as well as to the subsequent use and distribution by the Contractor of personal data in compliance with the provisions of the Law of Ukraine «On the Protection of Personal Data» (hereinafter — Personal Data Storage Rules).
The purpose of collecting and processing the Patient’s or Client’s personal data is: ensuring the implementation of administrative-legal, tax relations and relations in the field of accounting; relations in the field of health care; relations in the field of advertising and collection of personal data for commercial purposes and other relations that require the processing of personal data, namely: formation of the Client base for the purpose of informing them about the Services, time of visiting LLC «EXCELLENCE.» and informing about the Contractor’s advertising offers, as well as to check the health status of the Patient or Client, if it is necessary for the provision of Services.
The owner of the personal database is the Contractor. Data is stored by the Contractor throughout the term of the Agreement. The patient or client has the right to withdraw consent to the processing of personal data by submitting a written application to the Contractor.
9.11. The Patient or the Client agrees that the Contractor has the right to use the Client’s personal data, including, but not exclusively, for the purposes of notifying the Patient or the Client about the services, the time of the visit to «EXELENCE» LLC. and the Contractor’s advertising offers via SMS, MMS, electronic messages, etc.
9.12. The Contractor guarantees to the Patient or Client that he will provide the Patient’s or Client’s personal data at the request of third parties, as a general rule, only with the Patient’s or Client’s consent to transfer his personal data to the Contractor’s third parties. Exceptions to this rule are cases when the current legislation of Ukraine directly obliges the Contractor to provide personal data of the Patient or the Client without the need to obtain the Client’s prior consent at the request of state authorities.
9.13. The patient’s medical card is not handed out, it is the primary documentation and the property of the «EXCELLENCE.» LLC medical center.
9.14. The patient or the Client confirms that he is familiar with his rights in connection with the entry of personal data into the Database, in accordance with Article 8 of the Law of Ukraine «On the Protection of Personal Data».
10. DETAILS OF THE PERFORMER
LLC «EXELENCE.»
EDRPOU 39746354
Location: Kyiv city, Koltsova Boulevard 14-B, Group 121-A;
Sofiivska Borshchahivka, Myru street 41
IBAN UA
in JSC CB «PRIVATBANK, MFI 305299
Single tax payer group 3, 5% Director General Bugrimova Natalya Vasylivna