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User Agreement on the Terms of Use of «MEDIKOM Online» Mobile App

1. General provisions

1.1. The present User Agreement (hereinafter referred to as the Agreement) regulates the relationship between «Medikom Clinic» privately held company located at 6D Heroiv Stalinhrada Ave, Kyiv, 04210, Ukraine (hereinafter - the Company) and a person who uses «MEDIKOM Online» mobile application (hereinafter - the User and the Application, respectively). The Company and the User are hereinafter referred to as the Parties.

1.2. The terms of this Agreement are a public offer in accordance with Article 633 of the Civil Code of Ukraine. Use of the Application is possible only under the terms of this Agreement. The specified offer is a public contract of accession, i.e. in accordance with Articles 633, 634 of the Civil Code of Ukraine its conditions are identical for all Users. In accordance with Articles 638, 642 of the Civil Code of Ukraine, if the party agrees with the terms (acceptance) of this offer, it must provide all necessary initial data required by the Company on the application and agree to the terms of the present Agreement. In such case, this Agreement is considered concluded.

1.3. Users of the application are any individuals or legal entities.

1.4. The application is a program designed for mobile devices running IOS and Android operating systems, including tablet devices (hereinafter - mobile devices). The platforms and ways for downloading the application for Android are carried out via PlayMarket and downloading the application for IOS is carried out via AppStore.

1.5. The Company grants the User the right to use the application for free.

1.6. Proceeding with activation of the application (hereinafter - Registration) and further use of the application is a confirmation of the agreement with all the conditions specified in the present Agreement. The Company recognizes as a User any person who is a client of the Company and has passed registration procedure on the application and uses the application in accordance with its functional purpose. Such persons shall be subject to the provisions of the present Agreement in accordance with Articles 633 and 634 of the Civil Code of Ukraine.

1.7. By accepting the terms of the present Agreement, the User confirms his or her consent to the Company's processing of the personal data provided during registration, for, including, but not limited to, creation and transmission of a response to the User. The User also confirms his or her consent to transfer the above-mentioned personal data to third parties and its processing by third parties for the purpose of implementation of the present Agreement and functioning of the application, as well as resolution of claims related to the implementation of the present Agreement.

1.8. The present Agreement may be changed and / or supplemented by the Company unilaterally. In this case, further use of the application after making changes and / or additions to the present Agreement means the User's consent to such changes and / or additions. In case of disagreement with the terms of the revised Agreement, the User is obliged to refuse further use of the application.

1.9. Appeals, proposals and claims from individuals and legal entities to the Company related to the contents and operation of the application, violations of the rights and interests of third parties, the laws of Ukraine may be sent to the e-mail address: info@medikom.ua.

1.10. The present Agreement is made in accordance with the laws of Ukraine. Any issues not regulated by the Agreement will be addressed to in accordance with the laws of Ukraine.

1.11. By accepting to the terms of the present Agreement, the User confirms his or her legal capacity, authenticity of data, photos and other information materials (hereinafter - data or information) provided during registration and assumes all liability for their accuracy, completeness and reliability and compliance with the applicable laws.

1.12. The User assumes all possible risks associated with errors and inaccuracies in the data provided.

1.13. The present User Agreement is an open and publicly available document. The present Agreement is an accession treaty. Registration of the User in the mobile application is the fact that confirms full and unconditional acceptance of the terms set forth in the present Agreement and the Agreement itself.

1.14. The User grants the Company the right to send him messages containing information regarding the application, the Company's services or information of an advertising character.

2. Functionalities of the application

2.1. The application is free and is available on App Store and Google Play.

2.2. The application provides the User with an opportunity to use mobile devices and the Internet:

  • to register on the application, providing all the necessary initial data required by the Company in the Annex;
  • to get access to the database located within the application;
  • store medical data, information on examinations performed and treatment prescribed;
  • keep calendar with the history of past visits and planned future visits;
  • ook appointments with a physician, lab and diagnostics - services are provided by the Company;
  • receive and interpret results of the tests and diagnostic procedures from the database located on the application.

2.3. The application is designed for advisory purposes only. The use of the application by the User does not put any liability for the Company.

3. Rights and responsibilities of the User

3.1. The User agrees to comply with the terms of the present Agreement.

3.2. The User has the right to use the application solely for the purpose of personal data managing.

3.3. The User admits the obligation not to use the application in violation of the rights and legitimate interests of the Company, other right holders, third parties and the present Agreement.

3.4. The User admits the obligation to take appropriate measures to ensure the safety of a mobile device and is personally responsible in case of third parties' access to a mobile device.

3.5. The User has no right to perform any unauthorized actions with the application, the User is prohibited from decompiling the application independently or with the involvement of third parties, as well as from performing reverse engineering of the application and hacking the functionality of the application.

3.6. The User is liable for using the application in any way apart from the one explicitly permitted in the present Agreement.

3.7. Prior to installing the application on the mobile device, the User is obliged to read all the information about the application contained in the present Agreement. Installation of the application on the mobile device confirms the User's fulfillment of the obligation specified in this paragraph and compliance with all the terms of the present Agreement.

3.8. The terms of use of the application specified in the present Agreement may be changed and / or supplemented by the Company unilaterally. However, further use of the application after implementing such changes and / or additions means that the User agrees to such changes and / or additions, therefore the User admits the obligation to regularly monitor the changes specified in the present Agreement.

3.9. The User gives the Company the permission to process his or her personal data in accordance with the laws of Ukraine on personal data protection.

3.10. Should the User become aware of information about the Company and / or third parties in any way, which is considered confidential and / or trade secret in accordance with the laws of Ukraine, the User is prohibited from storing, using and distributing such information.

4. Rights and responsibilities of the Company

4.1. Under the present Agreement, the Company has the right to transfer the rights and obligations to third parties for the purposes of the Agreement execution without obtaining the additional consent of the User.

4.2. The Company has the right to send the User information on the operation of the application in any way, including sending advertising, informational and other messages on the e-mail address or telephone number stated by the User during registration or post relevant information on the application.

4.3. The Company grants the User the right to use the application for free.

4.4. The Company has the right to block the User's access to the application or its part in case of the User's violation of the present Agreement.

4.5. The Company has the right, taking into account to paragraph 3.9 of the present Agreement, to process personal data of the User. The data is used to improve service and collect market statistics.

4.6. The Company has the right to limit, suspend or terminate the use of the application without prior notice to the User without compensation, e.g. in case of the Company having reasons to believe that the User or his or her affiliates (intentionally or unintentionally):

  • on using the application violate the law, the provisions of the present Agreement or the rights and legitimate interests of third parties;
  • use the application in bad faith, or inconsistent with its functional purpose;
  • harm the application or its operability;
  • make attempts to gain unauthorized access to the application and the information on it;
  • create a threat of the failure of hardware and / or software of the Company and / or third parties.

5. Guarantees and liability of the Parties

5.1. The User guarantees that no action aimed specifically at causing damage to the Company, cellular mobile operators, rights holders or other individuals will be taken.

5.2. In case of a loss, deletion, damage of the information entered by the User on the application as a result of actions / inactions of the User, all liability shall be borne by the User.

5.3. Recognizing the international nature of the Internet, the User assumes all liability for compliance with the local rules and laws relating to the User's actions on the network.

5.4. The Company is not liable for the third parties' use of the data received from the User, including its copying, reproduction and distribution done both within the application and in other possible ways.

6. Final provisions

6.1. In case of any disputes or disagreements related to the implementation of the present Agreement, the User and the Company will make every effort to resolve them through negotiations. If the disputes cannot be not resolved through negotiations, they shall be resolved in the relevant competent court at the location of the Company.

6.2. Neither Party shall be liable for non-performance or improper performance of obligations under the present Agreement if proper performance has proved impossible due to force majeure circumstances.

6.3. The present Agreement shall enter into force for the User from the moment of installing the application on a mobile device and shall be valid for an unlimited period of time.

6.4. If any provision of the present Agreement is considered invalid, it shall not affect the validity or applicability of any other provision of the present Agreement.

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