Public contract (offer)
In the edition of 20.02.2023
1. General provisions
Online clinic (through FOP Nataliya Mykolaivna Slyvka), as well as all employees, authorized representatives and agents (hereinafter the Executor) offers individuals and legal entities (hereinafter the "Customer") (together in the text "Parties", separately "Party") to enter into an information-communication system this Public contract (offer) on the provision of consulting services (hereinafter the "Contract") on the following terms:
By accepting this public offer, you agree to all the terms of this Contract, the Privacy Policy, the Terms of Service, the Online Consultation Rules, and the Disclaimer.
The moment of complete and unconditional acceptance by you, as the Customer, of the Online Clinic's offer to conclude an electronic contract on the provision of consulting services is considered the fact that you fill out the "Ask for help" or "Registration on the website" form and click the "Send" button.
Submitting the help request form on the website onlineclinic.mirimc.com is your full and unconditional agreement to enter into an agreement for the provision of consulting services with the Online Clinic.
From the moment the response about receiving your information is displayed on the screen of the device through which you filled in and sent the information, your consent to accept the offer is considered received by the Online Clinic, and this Contract is concluded.
By contacting the Online Clinic, you are fully aware that
ONLINE CONSULTATION DOES NOT REPLACE AN OFFLINE VISIT TO A DOCTOR AND IS FOR INFORMATIONAL CHARACTER.
The information that the Customer sends through the site and sends via communication channels is protected by end-to-end data encryption.
2. Terminology and definitions
The website onlineclinic.mirimc.com is a collection of several web pages united by a common theme and design and linked together by links. May contain graphics, text, audio, video, and other information generated using a web content management system and displayed by a web browser. The site is accessible by a unique email address or its letter designation. In this Contract, the website means the Contractor's website, which has the domain name: onlineclinic.mirimc.com.
Registration on the website - filling in the form(s) contained on the pages of the website onlineclinic.mirimc.com by the visitor of the website and giving personal consent to the registration by pressing the "Send" button in the completed form.
Personal Area is a set of software, including programmed business processes related to the formation and display of formed records, combined into databases that are interconnected into a single software, displayed on the side of the registered site visitor in in the form of sections, modules, forms, tables, records, additional services and other functionality.
Personal account – a unique record of the Customer registered on the website, which allows to identify the Customer and give him access to his Personal account.
Access codes are a set of interrelated parameters with a unique set of symbols that belong exclusively to the Customer, to provide him with access to his Personal Area on the website, by entering them on the "Authorization on the website" page.
The "Ask for help" form is a special form on the website, which is located on the "Apply" page, through which the Customer places an order for the Executor's consulting services by filling in the necessary fields of the form, specifying valid information in the target fields of the form.
Consultation is an information service that is provided at the request of the Customer by the Executor through any communication channels (specified by the Customer), by answering in any form (for example, oral consultation, written consultation, audio, video file). It can be recorded in various thematic sections of the Customer's Personal Area in the form of an electronic record.
Subscriber service is a financial form of long-term interaction between the Customer and the Executor, according to which the Customer keeps his personal account in a positive state in the amount that corresponds to the terms of the Subscriber service, and can receive a certain number of consultations paid in advance with a discount.
Facial account – an electronic record of the financial status of the Customer's account in the system. Displays the actual balance of the Customer's funds on the website. It can be: "zero" - there is no debt; "negative" - reflects the amount owed by the Customer; "positive" - reflects the amount of the Customer's prepayment.
The statement is a special page of the Personal Area on which all receipts to the Customer's Facial account and all expenses from the Customer's Facial account for the payment of Online Clinic services are kept.
3. Subject of the contract
3.1. The customer applies for help through the onlineclinic.mirimc.com website by filling out the "Ask for help" form. The Online Clinic considers the Customer's application, and in the event that the application can be satisfied, provides the necessary consultation, which the Customer is obliged to accept and pay for.
4. Duties and rights of the Parties
4.1. Obligations of the Customer:
4.1.1. Familiarize yourself with the Rules of Online Consultations, Terms of Service, Privacy Policy, Disclaimer, and abide by the terms and conditions established by them.
4.1.2. Fill out the request for help form, providing the maximum amount of information regarding his request. When filling out any forms through the Online Clinic site, strictly follow the Instructions for filling out the forms.
4.1.3. Indicate details of means of communication that are current, working, to which the Customer has direct access (for example, mobile phone number, e-mail address, details of messengers, etc.).
4.1.4. Do not create duplicate accounts (do not register the Personal Area more than once, if there is a successful existing registration).
4.1.5. Independently choose the department of the clinic and the priority of the application.
4.1.6. Give full and unconditional consent to the conclusion of the Public Contract (offer) by clicking the "Send" button in the form of a ask for help or registration on the website onlineclinic.mirimc.com.
4.1.7. If necessary, provide additional necessary information to the Executor.
4.1.8. Provide only reliable information for online consultation.
4.1.9. If several patients (Customers) of the clinic are signed in the Customer's Personal Area, when making an application to the clinic, it is mandatory to select and appoint exactly the patient to whom the application relates.
4.1.10. To receive advice and exchange information, use the Personal Area.
4.1.11. Comply with all terms and conditions related to Online Clinic services.
4.1.12. Independently monitor changes in the records and consultations provided by the Executor regarding the Customer's appeals to the Online Clinic through the Personal Area.
4.1.13. If necessary, conduct additional laboratory and/or instrumental studies and provide the results of the studies to the Executor.
4.1.14. Notify the Executor about the possible and/or desired method and language of online consultation.
4.1.15. In a timely manner, in full, within the terms and in the order established by this Agreement, pay for the consultation services of the Online Clinic.
4.1.16. In the event of a negative balance on a Facial account in the Online Clinic, immediately pay the invoices issued for consultations, paying off the debt.
4.1.17. To use Online Clinic services, must have access to the Internet and any device (personal computer, laptop, tablet, smartphone, etc.) that supports Online Clinic services.
4.1.18. In the case of communications with the Executor, respond to the Executor's requests or provide feedback in a timely manner (no longer than 48 hours).
4.1.19. In case of appointment of a certain time for an online consultation, contact the Executor in a timely manner, without delay (no more than 15 minutes).
4.1.20. In case of canceling the request for help before receiving the consultation, immediately inform the Online Clinic about your decision to cancel the request.
4.1.21. Do not distribute the access codes to your Personal Area on the Online Clinic website to third parties. Make every effort to store your Personal Area access codes in a safe place.
4.1.22. Not to disclose confidential information arising from the Parties within the framework of this Contract.
4.2. Duties of the Executor:
4.2.1. Accept and process the Customer's appeal, providing a response in accordance with the priority of the appeal chosen by the Customer, within the terms specified in the appeal.
4.2.2. In case of a sufficient amount of information provided by the Customer, provide consultation and satisfy the Customer's request in the application.
4.2.3. In case of insufficient information provided by the Customer in the application, provide advice on the preparation of additional information (for example, perform laboratory and/or instrumental research, etc.).
4.2.4. Issue an invoice to the Customer for payment of the cost of consulting services.
4.2.5. In the case of the need for individual support of the Customer, the Executor shall pre-negotiate with the Customer the cost of consulting services during such support, if the cost of the services differs from the basic price for the consultation.
4.2.6. To provide the Customer registered through the Online Clinic site with access to his Personal Area, in the event that the Customer consents to account registration. Send the necessary access codes to the Customer's Personal Area to the email address specified during registration.
4.2.7. In the case of communications with the Customer, respond to the Customer's requests or provide feedback in a timely manner (no longer than 48 hours).
4.2.8. In case of appointment of a certain time for an online consultation, contact the Customer in a timely manner, without delay (no more than 15 minutes).
4.2.9. In case of impossibility for any reason to provide consultation to the Customer, immediately notify the Customer by changing the status of the request to the clinic to "refusal of the request".
4.2.10. If the Customer decides to terminate this Contract and irrevocably cancel his account on the Online Clinic website, by clicking the "Delete" button on the "Delete Account" page in the Personal Area - deactivate the Customer's account.
4.2.11. Not to disclose confidential information arising from the Parties within the framework of this Contract.
4.3. Customer's rights:
4.3.1. Independently choose the priority of applying to the Online Clinic.
4.3.2. Get access to the Personal Area, if agree to create an account.
4.3.3. Cancel your application to the Online Clinic before receiving a consultation.
4.3.4. If necessary, additionally ask for clarifications regarding the consultation received.
4.3.5. When receiving an online consultation, request the content of the consultation to be recorded in your Personal Area.
4.3.6. Choose "subscription" service through the Online Clinic.
4.3.7. In the case of individual support, require prior agreement on the cost of consultations.
4.3.8. At your own will, top up your personal account in the Online Clinic for any amount, maintaining a positive balance on it.
4.3.9. To sign the necessary number of different Customers (patients of the clinic) from among their family members or close people for online consultations through your Personal Area.
4.3.10. Terminate this Contract and irrevocably cancel your account on the Online Clinic website by clicking the "Delete" button on the "Delete Account" page in the Personal Area.
4.4. Rights of the Executor:
4.4.1. In case of inconsistency of the Customer's request, refuse the Customer consultation.
4.4.2. In case of detection of erroneous data selected by the Customer in the application form, independently change the department of the clinic and/or the priority of the application without additional coordination with the Customer.
4.4.3. To request additional necessary information from the Customer to provide high-quality, qualified consultation regarding the Customer's request.
To do this, conduct an additional survey of the Customer and/or appoint the Customer to carry out laboratory and/or instrumental research.
4.4.4. Register the content of the Customer's consultations in his Personal Area.
4.4.5. If the Customer is more than 15 minutes late for the scheduled online consultation, schedule another time for the consultation.
4.4.6. In case of repeated violation of the terms of the online consultation, refuse the consultation to the Customer. At the same time, the amount of the cost for the consultation is not returned or compensated to the Customer.
4.4.7. In order to provide high-quality, qualified consultation to the Customer, independently appoint an executor, as well as hold meetings with specialized employees of the Online Clinic, using the information provided by the Customer, without additional coordination of their actions with the Customer.
4.4.8. Independently and at your own discretion, change the cost of consultation services, which is current on the "Prices" page on the Online Clinic website.
4.4.9. Independently, without additional agreement with the Customer, to debit from his Facial account in the Personal Area funds for actually provided consultations, in case of a positive balance on the Customer's personal account.
4.4.10. If the Customer violates the terms of this Contract, close the Customer's access to his Personal Area, cancel the Customer's Personal account.
5. Cost of services and payment procedure
5.1. The cost of services depends on the priority of the application selected by the Customer when filling out the "Ask for help" form.
5.2. The cost of each of the available priorities is indicated on the "Prices" page on the Online Clinic website.
5.3. In the case of individual support of the Customer, the cost of consulting services is pre-agreed with the Customer and is set at a separate tariff, if it differs from the basic one.
5.4. Each consultation is paid by the Customer in accordance with the invoices issued by the Executor through the Customer's Personal Area.
5.5. The settlement for the consultation is carried out in non-cash form, by transferring funds to the Executor's account through online payment systems used by the Executor.
5.6. Payment for the consultation is made in hryvnia equivalent according to the exchange rate set by the financial institution at the time of payment.
5.7. The Customer pays the invoice issued by the Executor and receives access to a consultation record for his application and/or receives online consultation through communication channels in accordance with the chosen method, after the funds are credited to the Executor's current account.
5.8. After payment for the consultation, the funds are not returned to the Customer.
6. The procedure and terms of providing consultations
6.1. The consultation is provided to the Customer only after he has paid the invoice for the consultation issued by the Executor through the Customer's Personal Area on the "Invoices" page.
6.2. The term of consultation depends on the priority of the request chosen by the Customer when filling out the "Ask for help" form. It can be from 6 to 48 hours or in accordance with the time agreed by the Parties and the time of providing online consultation.
6.3. The moment of consultation is the date and time of creation of a consultation record in the Customer's Personal Area.
7. Liability of the parties
7.1. The Customer undertakes not to violate or attempt to violate the provisions of this Contract. If the Executor, at its sole discretion, determines that the Customer has violated or attempted to violate this Contract, the Customer's access to the Personal Area may be terminated. The Executor may limit the Customer's access to the service as a whole, block or delete the Customer's Account in connection with the violation of this Contract.
7.2. If the Customer violates the terms of payment for services, the Executor has the right to unilaterally terminate the Contract and limit the Customer's access to the Personal Area.
7.3. The Executor may unilaterally terminate this Contract, block the Customer's access to the Personal Area or delete the Customer's Account in the event of: detection of distribution (or any reproduction) of consulting materials, algorithms of the Personal Area; and (or) transferring access to the Personal Area to third parties who are not a Party to this Contract.
7.4. The Executor is not responsible for improper, untimely performance of his obligations under this Contract in the event that the Customer provides inaccurate or erroneous information.
7.5. The customer has read and consciously gives his full consent to his acceptance of the Executor's Disclaimer. The customer confirms his full agreement with all risks, possible negative consequences, accepting only at his own expense all responsibility for the actions taken and/or not taken in relation to the consultations received at his request.
7.6. The Customer or the Executor (Parties) are released from responsibility for full or partial non-fulfillment of their obligations, if the non-fulfillment is the result of force majeure circumstances such as: war or hostilities, earthquake, flood, fire and other natural disasters, epidemics, pandemics, quarantine, that arose regardless of the will of the Parties. A Party that cannot fulfill its obligations shall immediately notify the other Party thereof.
8. Intellectual property rights
8.1. All components of the Online Clinic website as a whole belong to the Executor and are protected by legislation in the field of protection of intellectual property rights.
8.2. Intellectual property rights to advisory materials, Personal Area algorithms, in particular, but not exclusively, texts, tables, images, videos, logos, graphics, sounds, belong to the Executor.
8.3. The use by the Customer for commercial purposes of any materials or elements of the website and services of the Online Clinic in general without the written permission of the Executor is strictly prohibited.
8.4. The Executor also uses objects of intellectual property rights that may belong to other persons, on the basis of a corresponding license, contract or other legal basis.
8.5. The Executor grants the Customer a limited, non-exclusive, revocable and non-sublicensable license to access the Personal Area and use consulting materials exclusively for the Customer's personal purposes.
8.6. Granting the Customer the right to use the objects of the Executor's rights for the purposes of performing this Contract, the Executor does not transfer any intellectual property rights to such objects and does not grant permission for their use for purposes other than those specified in this Contract.
9. Resolution of disputes
9.1. All disputes that may arise in connection with this Contract, including any issues related to their implementation, conclusion, validity or termination, the Parties will try to take measures for pre-trial settlement of disputes through negotiations.
9.2. The Customer agrees that for the purposes of resolving disputes between the Parties, an effective and mandatory means of communication is correspondence with the Executor through the Personal Area or via email.
9.3. In the event that the Parties do not reach an agreement on a disputed issue, the dispute shall be referred to a competent court in accordance with the current legislation of Ukraine.
10. Term of validity of the Contract
10.1. This Contract is valid until the Parties fully fulfill their obligations.
10.2. In case of free access of the Customer to his Personal Area, this Contract is considered valid by the Parties.
10.3. If the Customer does not owe the Executor any debt for the services received, the Customer may unilaterally terminate this Contract.
11. Other conditions
11.1. The information that the Customer provides to the Executor is confidential. The Executor uses information from the Customer exclusively for the purposes of processing the Customer's request, analysis, preparation and provision of online consultations, mutual settlements, etc.
11.2. By concluding this Contract, the Customer grants the Executor the right to collect, process and store his personal data in accordance with the Privacy Policy.
11.3. The Parties recognize any information related to the Customer's application and the Executor's consultations as a medical secret and a commercial secret and undertake to strictly maintain the confidential nature of such information, not disclosing it to third parties without the prior written consent of the other Party, except when it is necessary for purposes of the Contract or for disclosure to the relevant state authorities in cases specified by law. This provision does not apply to publicly known or publicly available information.
The parties hereby agree that in the event of termination of this Contract for any reason, this clause of this Contract will continue to operate as a separate agreement between the Customer and the Executor, concluded on the day of conclusion of this Contract and separated from the text of this Contract, and that the effect of the specified agreements on confidentiality will continue indefinitely.
11.4. The Executor has the right to make changes and/or additions to this Contract at any time without any special notice to the Customer, by posting a new edition on the relevant page of the website.
The new version comes into force from the moment it is posted on the website, unless otherwise provided by the new version of the Contract. The Customer must periodically review the current Contract. If after 5 (five) calendar days after the posting of the new version of the Contract on the website, the Customer continues to use the Personal Area and the services of the website as a whole, this means full and unconditional acceptance of the new version of this Contract.
11.5. In this Contract, unless otherwise directly follows from the context:
- References to "articles" ("chapters") and "clauses" are references to articles and clauses of this Contract, unless otherwise expressly stated in the text of this Contract;
- The headings of the Articles are given solely for convenience and should not be taken into account when interpreting this Contract.
11.6. If any of the provisions of this Contract is found to be invalid by law, it will be considered excluded from this Contract, and the other provisions of this Contract will remain in effect.
11.7. If the Customer does not agree with the changed terms of this Contract, the Customer has the right to stop using the Personal Area and other services in general and terminate this Contract unilaterally.
11.8. The Executor has the right to unilaterally terminate this Contract at any time.
11.9. All requests regarding the use of the services of the Online Clinic website, in particular those provided for in this Contract, should be sent through the Feedback form on the Online Clinic website or to the email address info@onlineclinic.mirimc.com.