Privacy Policy
Please read all provisions of this Agreement carefully and make sure that you understand them. The Contractor reserves the right, if necessary, to amend the provisions of this Agreement in the manner provided for in this Agreement. The Contractor considers the security and confidentiality of Your information to be of the utmost importance.
PUBLIC AGREEMENT FOR THE PROVISION OF MEDICAL SERVICES
This document is an offer to conclude an agreement on the terms set out below with any person who has accepted (accepted by way of offer acceptance) the terms of this public offer. The Agreement sets out the general terms and conditions for the provision of services by the Contractors to Patients using the website. Actual use of the website constitutes the person’s consent to this Agreement and acceptance of its terms. The Agreement is a public offer pursuant to the current legislation of Ukraine (Articles 633, 634, 641, 642 of the Civil Code of Ukraine); the terms of this Agreement are the same and mandatory for everyone and apply to all services provided by the Contractors.
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DEFINITIONS
1.1. Contractor or Medical Institution — LIMITED LIABILITY COMPANY “CLINIC OXFORD MEDICAL”, and/or LIMITED LIABILITY COMPANY “MEDICAL VENTERA GROUP”, and/or LIMITED LIABILITY COMPANY “OKFORD MEDICAL PECHERSK”, and/or LIMITED LIABILITY COMPANY “DOCTOR OXFORD”, and/or LIMITED LIABILITY COMPANY “ENDOCENTER” together or each separately, being healthcare institutions that have a license to carry out business activities in medical practice.
1.2. Customer or Patient – an individual who has concluded this Public Agreement on the provision of medical services with the Contractor.
1.3. By medical services (medical care) the parties understand a type of professional activity of the Contractor that provides for the application of special measures in relation to health (the result of which is an improvement of the general condition, functioning of individual organs or systems of the human body). Medical services include: consultations by specialists of therapeutic specialties on issues of medicinal and non-medicinal treatment, a set of laboratory, diagnostic examinations, therapeutic, preventive and rehabilitation measures of varying degrees of complexity and purpose, etc., which are provided by the Contractor under the terms of this Agreement. The list of services, their cost and other information about them are set out on the Contractor’s Website and directly at the locations where the Contractor conducts its activities.
1.4. By the quality of Medical services provided in the Medical Institution, the Parties understand:
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the totality of organizational, medical, sanitary and hygienic conditions of the medical support of the Patient, in accordance with this Agreement and the standards adopted in the healthcare sector of Ukraine for the provision of medical care to the Patient;
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the unconditional observance by the Medical Institution of medical-ethical norms and the confidentiality of communication with the Patient.
1.5. Confirming actions – actions indicating the giving of consent to conclude this Agreement / to comply with its terms, which may be deemed to be one of the following actions:
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contacting the Medical Institution by registering through the Call Center at the phone numbers: (044) 204-40-40, as well as the phone numbers indicated on the Contractor’s website;
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ordering services using the Contractor’s Website;
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registration of the Patient/Customer on the Contractor’s Website with the indication of last name, first name and patronymic,
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granting the Patient’s informed voluntary consent to undergo diagnostics, treatment and surgery;
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filling out the patient questionnaire;
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the actual commencement of the provision of services;
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signing other documents related to the provision of medical services, in the forms developed by the Contractor;
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granting by the patient of voluntary consent to receive messages and letters of informational, promotional and educational-recommendatory content from the Contractor;
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payment for medical services or other actions indicating the Patient’s/Customer’s agreement with the terms of this Agreement.
1.6. Contractor’s Website – the Contractor’s website on the Internet located at: https://oxford-med.com.ua
1.7. Parties – the collective designation of the Customer and the Contractor.
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GENERAL TERMS
2.1. This Public Agreement for the provision of medical services (hereinafter – the “Agreement”) is public and defines the terms and rules for the provision by the Contractor to the Customer of medical services and is concluded for an indefinite period. The terms of this Agreement are the same for all Patients/Customers; unconditional acceptance of its terms (ordering and/or paying for medical services by the Customer and/or performing other Confirming actions) is considered the Customer’s acceptance of this Agreement and certifies the fact of its conclusion.
2.2. The Agreement is binding upon the Contractor from the moment of its publication on the Contractor’s Website, and upon the Customer – from the earlier of the following moments: placing an order and/or paying for services under the Agreement, or the actual commencement of the provision of services. The Agreement is deemed concluded at the moment the Customer accepts its terms (performs any Confirming action).
2.3. The terms of the Agreement are determined by the Contractor independently and in accordance with the current legislation of Ukraine. The Agreement and/or its specific provisions may be amended by the Contractor with mandatory notification of the Customer by publishing such information on the Contractor’s Website. In case the Customer disagrees with the amendments made to the Agreement, the Customer is obliged to terminate the Agreement within three days from the date such amendments are published on the Contractor’s Website, by notifying the Contractor in writing. Failure to terminate the Agreement and continued use of the services indicates the Customer’s consent to the amendments made to the Agreement.
2.4. By concluding the Agreement, the Customer confirms that he/she has read and agrees to the terms of the Agreement and to the Contractor’s Price List posted on the Contractor’s Website, and also gives his/her consent to the collection and processing of his/her personal data in the manner determined by the current legislation of Ukraine.
2.5. If a civil-law (individual) agreement for the provision of medical services is concluded between the Customer and the Contractor, the terms of the civil-law agreement have prevailing force.
2.6. The provision of medical services under an insurance policy is carried out subject to the prior conclusion by the Contractor of the relevant Agreement with the insurance company.
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SUBJECT OF THE AGREEMENT
3.1. In accordance with the terms of this Agreement, the Contractor undertakes, on a paid basis, to provide the necessary medical services (medical care) (hereinafter – Medical services), including preventive, therapeutic-diagnostic, rehabilitation and other services that meet the requirements applicable to diagnostic, prevention and treatment methods permitted in the territory of Ukraine. The type, scope, staging and other characteristics of the services are determined according to the Treatment Plan, which is understood to mean, both individually and together, the following documents: the physician’s prescription sheet, the prescription sheet for narcotic drugs, psychotropic substances and precursors for patients receiving treatment in inpatient or outpatient settings, the consultative conclusion, and other medical documentation in which the Contractor has indicated recommendations regarding treatment.
3.2. The Parties, on the basis of a bilateral agreement, have agreed that the price (cost), name and list of Medical services to be provided to the Customer under this Agreement shall be determined based on the list (names) and prices (cost) posted on the Contractor’s website and valid on the date the care is provided.
3.3. The Customer voluntarily undertakes to pay for the medical services (medical care) rendered to him/her in the manner and under the terms provided for in this Agreement.
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RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Rights and obligations of the Contractor:
4.1.1. To provide Patients with the necessary qualified medical care and medical services in a timely manner and of appropriate quality, in accordance with the methods, protocols and standards approved by the Ministry of Health of Ukraine, and in accordance with the medical specialties of the Medical Institution.
4.1.2. To demand from the Customer proper, timely and full performance of his/her obligations under this Agreement.
4.1.3. Not to commence or to suspend the provision of services to the Customer in the event that, during the examination, diseases or conditions are detected in the Customer in which the Contractor’s specialists cannot perform medical intervention, in accordance with legislative or licensing restrictions, as well as the technical capabilities of the Contractor’s institution;
4.1.4. In special cases provided for by the current legislation of Ukraine, to restrict the provision of medical information to the Customer;
4.1.5. To involve specialists from other medical institutions in the performance of this Agreement, as well as to perform certain medical interventions (procedures, studies, analyses, etc.) in other medical institutions.
4.1.6. To provide services in accordance with the treatment plan, to inform the Customer about the cost, purpose, timeframes for the provision of services, the effectiveness of the selected methods, as well as about possible risks and complications during and after their application, as reflected in the informed consent.
4.1.7. To maintain absolute confidentiality regarding information about the state of health, the results of examinations and check-ups, and the intimate and family life of the Customer;
4.2. The Contractor has the right to make changes to the Price List by notifying the Customer of such changes by posting information on the Contractor’s Website or by another available method.
4.3. Rights and obligations of the Customer:
4.3.1. To demand from the Medical Institution proper, timely and full performance of its obligations under this Agreement.
4.3.2. Upon identifying shortcomings in the process of receiving medical services, to immediately inform the Contractor in the manner specified in this Agreement.
4.3.3. The Customer receives from the Contractor any medical information about his/her state of health.
4.3.4. Medical information constituting a medical secret is provided by the Contractor directly to the Customer and/or to his/her family members.
4.3.5. The fact that the Agreement is concluded by the Customer indicates that the Customer and the Customer’s family members have read and agree with the current Price List and the cost of the corresponding programs.
4.3.6. The Customer, in the case of purchasing services for his/her child, ensures the escort of the child during the provision of medical services and the monitoring of the proper and timely fulfillment by the child of the treatment (examination) prescribed by the Contractor.
4.3.7. To receive information about the qualifications and certificates of the Contractor’s specialists;
4.3.8. To change the doctor at any stage of treatment or provision of medical services.
4.4. The Customer is obliged:
4.4.1. To make timely payment for the Medical services provided, in accordance with the terms of this Agreement.
4.4.2. To arrive on time for scheduled appointments, examinations, procedures specified in the treatment plan, to conscientiously follow the prescriptions and recommendations of the attending physician, as well as of other medical personnel involved in providing medical care under this Agreement, and to comply with the rules of stay in the Contractor’s Medical Institution;
4.4.3. To provide truthful personal data, as well as information about the state of health, existing and past diseases, allergic reactions, harmful habits, etc., which must be entered into the medical documentation. The result of treatment depends on the truthfulness of the information specified about the Customer.
4.4.4. To complete the informed consent and other forms of documents proposed by the Contractor for signature for the provision of services.
4.4.5. To appear for scheduled case conferences, additional examinations, control and preventive check-ups, including commission ones with the participation of specialists from medical institutions, as scheduled by the Contractor’s specialists.
4.4.6. To promptly and timely inform the attending physician about the occurrence of complications after medical interventions (procedures) or deterioration in health due to illnesses, injuries, etc.
4.4.7. To treat the Contractor’s property and the property of other patients of the Medical Center with care.
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COST OF SERVICES. TERMS AND PROCEDURE OF SETTLEMENTS
5.1. The cost of medical services is determined in the Contractor’s Price List in effect on the date of payment for medical services and posted on the Contractor’s Website.
5.2. Settlements under this Agreement are made in the national currency of Ukraine – the hryvnia.
5.3. Settlements for the scope of medical services provided for by this Agreement are carried out by the Customer by depositing funds into the Contractor’s cash desk, or by transferring funds to the Contractor’s bank account, or by transferring funds to the Contractor’s bank account in the form of an advance (prepayment), in accordance with the Price List in effect on the date the services are provided.
5.4. If the Customer has transferred funds to the Contractor’s bank account in the form of an advance (prepayment) and the Contractor has provided the Customer with medical services in the amount of the advance (prepayment) made, and the Customer wishes to continue to receive the Contractor’s medical services, the Customer pays for the Contractor’s services by making an additional advance (prepayment).
5.5. In the event of the Customer’s unilateral refusal to accept medical services, the Customer shall reimburse all expenses incurred by the Contractor for their preparation or performance, including the cost of medicinal products and materials prepared for use.
5.6. The provisions of this section regarding payment for services do not apply to cases where the Customer is provided with medical services that are paid for by insurers under voluntary medical insurance contracts or by other third parties.
5.7. Any medical services under this Agreement may be paid for by a third party.
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PROCEDURE FOR THE PROVISION AND ACCEPTANCE OF COMPLETED WORKS
6.1. Medical services are provided at the actual location of the Contractor’s activities, as agreed by the Parties when scheduling the Customer’s appointment.
6.2. Upon the provision of medical services, the Contractor provides the Customer (the Customer’s family members) with an act of delivery and acceptance of works indicating the following information:
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the names of the Parties;
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the Customer’s full name, date of birth, diagnosis;
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the name and list of works (services) performed by the Contractor;
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the cost of the performed works (services) according to the Price List that was in effect at the time the services were provided, taking into account the terms of this agreement.
6.3. On the day of receiving the act of delivery and acceptance of works, the Customer is obliged to sign it and return to the Contractor the copy of the act signed by the Customer, or a written motivated refusal to accept the works. If the act of completed works is not signed and no written refusal is provided within the above period, the act shall be deemed accepted by the Customer, and the services shall be deemed accepted by the Customer without reservations and without claims.
6.4. In the event that the Customer provides a motivated refusal to sign the act of completed works, the Parties shall resolve the matter in the manner provided for by current legislation.
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LIABILITY OF THE PARTIES, DISPUTE RESOLUTION PROCEDURE
7.1. In the event of failure to fulfill the terms of this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.
7.2. Issues on which the Parties did not reach agreement during negotiations shall be considered in accordance with the current legislation of Ukraine.
7.3. For violation of the deadlines for settlements for the completed works, the Customer shall pay the Contractor a penalty in the amount of double the NBU discount rate on the unpaid (not timely paid) amount for each day of payment delay.
7.4. The recovery by the Parties of a penalty (late fee, fine) does not release the liable Party from the obligation to duly perform the overdue obligation and to compensate the other Party for losses in full (in excess of the penalty, late fee, fine).
7.5. When concluding this Agreement, the Parties discussed and understand that modern medicine is not an exact science; most medical interventions do not provide a guaranteed result and can sometimes be unsuccessful at all. The Customer and his/her representatives also understand that due to the limitations of modern medicine, the complexity of detecting and treating certain diseases, and the individuality and uniqueness of each patient’s body, the medical interventions and procedures proposed by the Contractor may turn out to be ineffective, and a deterioration in health, the occurrence of atypical reactions and complications are possible.
7.6. The Contractor is responsible for the quality of medical interventions (procedures) performed by its staff.
7.7. The Contractor shall not be liable without fault, nor for harm caused to the Patient’s health as a result of:
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the Patient’s failure to appear or late appearance for scheduled visits or control medical check-ups;
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the Patient’s early termination of the prescribed treatment (examination);
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the Customer’s failure to disclose or late disclosure of material information about the state of health or the build of the body;
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the Patient’s failure to comply with the prescriptions and recommendations of the Contractor’s physicians, violation of the treatment regimen.
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FORCE MAJEURE
8.1. The Parties are released from liability for non-performance of obligations under this Agreement if such non-performance is due to the occurrence of force majeure circumstances that arose after the conclusion of this Agreement.
8.2. Force majeure circumstances are understood as circumstances that arose after the conclusion of this Agreement as a result of unforeseen events of an extraordinary nature for the Parties, including fires, floods, earthquakes, natural disasters, epidemics, quarantine, state of emergency, explosions, military actions, adoption of legislative acts, as well as other circumstances beyond the control of the Parties that make it impossible, in whole or in part, to perform the terms of this Agreement.
8.3. Evidence of the existence of force majeure circumstances is documentary confirmation by the Chamber of Commerce and Industry of Ukraine.
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TERM AND PROCEDURE FOR AMENDING THE TERMS OF THE AGREEMENT
9.1. This Agreement enters into force from the date of its conclusion and remains in effect until the Parties fully perform their obligations under the Agreement.
9.2. Each of the parties has the right to terminate this agreement unilaterally by notifying the other party in writing 15 (fifteen) calendar days prior to the termination date of the agreement, unless otherwise provided for in this Agreement.
9.3. Termination of this Agreement does not release either Party from fulfilling obligations that arose before the date of its termination.
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CONFIDENTIALITY AND INFORMATION CONDITIONS
10.1. Each Party must ensure strict confidentiality of the information received from the other Party when concluding and performing the terms of this Agreement. The transfer of such information to third parties, its publication or disclosure in any other way may take place only with the written consent of both Parties, regardless of the reasons and date of termination of the Agreement, except in cases provided for by the current legislation of Ukraine.
10.2. When carrying out medical procedures, the Customer signs a document confirming that he/she consents to their application. Such consent is based on an informed, independent and voluntary decision taking into account all risks and possible complications that may arise during medical interventions (procedures).
10.3. Minor, underage or incapacitated patients are accepted only in the presence of their legal representatives. Legal representatives give consent to the provision of medical services to the persons in whose interests they act. In such a case, the legal representatives act as the Customer under this Agreement and undertake to comply with the terms set out herein.
10.4. Information about the degree, procedure and special conditions for conducting medical interventions (procedures), possible risks and complications for the health of the Customer/Patient is communicated to him/her orally, and, if necessary, by formalizing the relevant document.
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FINAL PROVISIONS
11.1. The Contractor makes every effort to ensure that the information posted on its website is up-to-date and useful at the time of publication, and is not liable for matters related to the use of this information as a result of possible inaccuracies, errors and omissions. The Contractor is not financially or otherwise liable for intentional or unintentional damage that may arise from the use of information posted on the Contractor’s Website, which may cease to be up-to-date, may be incomplete, and may contain technical or grammatical inaccuracies.
11.2. The Contractor has the right, without prior notice, to make changes and additions to the Contractor’s services and other information posted on the Contractor’s Website.
11.3. Visitors to the website may follow hyperlinks to external information resources and/or websites. The posted hyperlinks do not imply any connection between the Contractor and the external resources. The Contractor bears no responsibility for the content, correctness, legality and reliability of the information posted on external resources.
11.4. All medical documentation opened for the Customer is the property of the Contractor and is kept at the Medical Center.
11.5. The Contractor reserves the right to carry out photographic recording before and after the provision of medical services to compare the assessment of results, as well as to use these photographs on its own website, for scientific and demonstration or other purposes, to which the Customer agrees by concluding this Agreement.
11.6. The Customer agrees that the Contractor may record telephone conversations to enable subsequent reference to them in the event of disputes, as well as when resolving conflict situations under the Agreement.
With respect, the administration of the medical center.