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Public offer agreement
"ONLAYN HAMSHIRA" LLC Aggregator Service Provision
Public Offer
In accordance with Article 369 of the Civil Code of the Republic of Uzbekistan, this document is intended to conclude a contract with individuals, hereinafter referred to as "user" and/or "patient," and represents a public offer from "ONLAYN HAMSHIRA" LLC (hereinafter referred to as the "Platform"), presented by the director Nozimakhon Oripova, acting based on the Charter, collectively referred to as the "Parties," to conclude this agreement under the following terms:
1. TERMS AND DEFINITIONS
1.1. "ONLAYN HAMSHIRA" LLC - Owner of the Onlayn Hamshira platform.
1.2. The User is an individual registered on the Onlayn Hamshira platform, who is provided with communication services with a medical specialist upon their call.
1.3. Patient - a person to whom medical services are provided.
1.4. A medical professional is an individual with a secondary or higher medical education who provides medical assistance to a user (patient) through the Onlayn Hamshira platform.
1.5. Platform - located on the following website: https://onlaynhamshira.uz and/or in the Onlayn Hamshira mobile application, all rights belong to "ONLAYN HAMSHIRA" LLC.
1.6. Order - an action carried out through a platform to call a medical professional.
1.7. Price list - the cost of services provided by a medical professional to a user (patient), established by the platform.
1.8. Medical service - actions carried out by a medical specialist to provide medical assistance to a user (patient).
2. SUBJECT OF THE AGREEMENT
2.1. According to this offer, the Onlayn Hamshira platform, in accordance with the legislation of the Republic of Uzbekistan, provides self-employment services for those with secondary/higher medical education and ensures interaction between medical professionals and users (patients), as well as establishing contacts between the user (patient) and others. The user (patient), in turn, undertakes to pay for the services provided according to the price list of the platform, to comply with the requirements of a medical specialist.
2.2. According to this agreement, the user (patient) understands the essence of the agreement and their actions, and agrees that the platform management is not responsible for the unlawful actions (inaction) of a medical professional, unpleasant incidents, or harm to the patient's health.
2.3. By confirming the public offer, the user (patient) agrees to all the terms of this agreement.
2.4. The User (Patient) agrees not to file claims and claims against the platform management in case of disputes arising during medical service with a medical professional. All disputed situations between the patient and the medical specialist are directed by the user (patient) directly to the medical specialist.
3. TERMS OF SERVICES AND PAYMENT PROCEDURE
3.1. The medical specialist provides services at the user's (patient's) location in accordance with the received order.
3.2. When a medical professional provides services using their own materials (shprings, systems, dressing materials and antiseptics, and others), the user (patient) is obligated to immediately pay the cost of these materials to the medical professional.
3.3. The user (patient) pays for the provided procedures in accordance with the platform's price list.
3.4. Payment for medical services is made by the user (patient) immediately after the provision of services or by agreement of the parties before the commencement of the provision of services. The unit of account is the national currency of the Republic of Uzbekistan (sum).
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The User (patient) has the following rights:
4.1.1. Use the platform at any time of day.
4.1.2. Call the necessary medical specialists through the platform.
4.1.3. Register on the platform only once and have only one personal page.
4.2. The User is obliged:
4.2.1. Pay the amount calculated by the platform on time.
4.2.2. When ordering, indicate for which type of medical service a medical specialist is being called.
4.2.3. After placing an order, contact a medical professional and explain your location to them accurately.
4.2.4. Receive the provided medical specialist in a timely manner, and if you wish to cancel the order, do so before the medical specialist accepts the order.
4.2.5. In case of cancellation of the order after its acceptance by a medical specialist, compensation for transportation costs (travel) shall be paid in the amount of _________________ sum.
4.2.6. Before providing medical assistance, provide the medical specialist with all information about the presence of other diseases, contraindications to the use of any medications or procedures.
4.2.7. Provide a list of treating physicians.
4.2.8. Create conditions for the provision of medical care by a medical specialist and do not interfere with the provision of medical care.
4.2.9. Behave respectfully towards medical professionals during and after the provision of medical services.
4.2.10. Follow the instructions of the medical specialist.
4.2.11. Do not make false calls to medical specialists.
4.2.12. When choosing the order type, indicate the correct medical specialist.
4.2.13. To be ready to receive medical procedures from a medical specialist at the appointed time.
4.2.14. When calling a medical professional again, call only through the platform.
4.3. The Platform has the right to:
4.3.1. Use and provide user's (patient's) personal data to medical specialists and, if necessary, to law enforcement officers of the Republic of Uzbekistan in accordance with their requirements.
4.3.2. Block or restrict user access to the platform in case of violation of the platform's usage rules or the terms of this public offer.
4.3.3. Cancel this agreement unilaterally at any time.
5. RESPONSIBILITY OF THE PARTIES
5.1. The Platform (platform management) is not responsible for incorrectly entered data by a medical professional during the verification process.
5.2. The User shall be liable in accordance with the legislation of the Republic of Uzbekistan for disseminating medical specialist data to third parties without their consent.
5.3. The platform and the medical professional are not responsible for possible or unforeseen complications during medical appointments (allergic reactions, anaphylactic shock, and others).
5.4. The user (patient) will not file claims against the platform and medical professionals in the event of death as a result of serious illnesses (oncological, after serious injuries, life-threatening, etc.).
5.5. The platform and the medical professional are not responsible for the actions of other medical personnel who have previously treated the patient.5.6. Платформа и медицинский специалист освобождаются от ответственности за неоказание услуг согласно договору, если это произошло из-за форс-мажорных обстоятельств (пожар, природные катастрофы, поломка автомобиля медицинского специалиста, дорожно-транспортное происшествие, связанное с автомобилем медицинского специалиста).
5.7. In the case of providing a user (patient) with poor-quality medical services, claims and objections are applied to the medical specialist in accordance with the legislation of the Republic of Uzbekistan.
5.8. In case of violation of the terms of this agreement by the user or the patient, if they are different persons, they bear joint and several liability before the platform and the medical professional.
6. FORCES AND MAJORITIES
6.1. The Parties are released from liability for partial or complete non-fulfillment of obligations, if such situations are an insurmountable force, i.e., natural disasters, natural and man-made emergencies, and are the consequences of a certain period of time, confirmed by the relevant state bodies, are released from liability. In this case, the deadline for fulfilling obligations under this agreement is postponed accordingly for the period of these events.
6.2. Снижение деловой активности, экономические показатели, неблагоприятные рыночные условия, недостаток необходимых средств, изменение цен, невыполнение обязательств контрагентами, изменение структуры, правовой формы, рабочего порядка, наличие на рынке необходимых товаров и коммерческие риски, вызванные другими обстоятельствами, а также размер исков и/или упущенная выгода не считаются форс-мажорными обстоятельствами.
6.2. Decreased business activity, economic indicators, unfavorable market conditions, lack of necessary funds, price changes, non-fulfillment of obligations by counterparties, changes in structure, legal form, work order, availability of necessary goods in the market and commercial risks caused by other circumstances, as well as the amount of claims and/or lost profits are not considered force majeure circumstances.
7. FINAL PROVISIONS
7.1. This offer agreement is concluded in accordance with the civil legislation of the Republic of Uzbekistan and is valid for the parties from the moment of its conclusion until the user deletes their personal page.
7.2. Issues not regulated by this agreement shall be resolved in accordance with the legislation of the Republic of Uzbekistan.
7.3. Disputes between parties are resolved through negotiations between them.
7.4. If negotiations do not lead to an agreement, disputes are resolved in court in accordance with the legislation of the Republic of Uzbekistan.
7.5. This offer agreement may be terminated by the user at any time, however, this does not affect the unfulfilled portion of obligations arising from previously rendered services.
Public Offer
In accordance with Article 369 of the Civil Code of the Republic of Uzbekistan, this document is intended to conclude a contract with individuals, hereinafter referred to as "user" and/or "patient," and represents a public offer from "ONLAYN HAMSHIRA" LLC (hereinafter referred to as the "Platform"), presented by the director Nozimakhon Oripova, acting based on the Charter, collectively referred to as the "Parties," to conclude this agreement under the following terms:
- This document is published on the Onlayn Hamshira platform and is presented for review on the informational board. It is a public offer to every user (patient) who agrees to use the platform’s medical services.
- The full and unconditional acceptance of this offer is expressed through registration on the Onlayn Hamshira platform and its continuation (according to Article 370 of the Civil Code of the Republic of Uzbekistan).
- Acceptance of the offer by the user (patient) means agreeing to all the terms of this agreement and is equivalent to concluding a contract for the provision of medical services.
- The validity of this offer begins from the moment of registration on the Onlayn Hamshira platform and remains in effect throughout the registration period.
1. TERMS AND DEFINITIONS
1.1. "ONLAYN HAMSHIRA" LLC - Owner of the Onlayn Hamshira platform.
1.2. The User is an individual registered on the Onlayn Hamshira platform, who is provided with communication services with a medical specialist upon their call.
1.3. Patient - a person to whom medical services are provided.
1.4. A medical professional is an individual with a secondary or higher medical education who provides medical assistance to a user (patient) through the Onlayn Hamshira platform.
1.5. Platform - located on the following website: https://onlaynhamshira.uz and/or in the Onlayn Hamshira mobile application, all rights belong to "ONLAYN HAMSHIRA" LLC.
1.6. Order - an action carried out through a platform to call a medical professional.
1.7. Price list - the cost of services provided by a medical professional to a user (patient), established by the platform.
1.8. Medical service - actions carried out by a medical specialist to provide medical assistance to a user (patient).
2. SUBJECT OF THE AGREEMENT
2.1. According to this offer, the Onlayn Hamshira platform, in accordance with the legislation of the Republic of Uzbekistan, provides self-employment services for those with secondary/higher medical education and ensures interaction between medical professionals and users (patients), as well as establishing contacts between the user (patient) and others. The user (patient), in turn, undertakes to pay for the services provided according to the price list of the platform, to comply with the requirements of a medical specialist.
2.2. According to this agreement, the user (patient) understands the essence of the agreement and their actions, and agrees that the platform management is not responsible for the unlawful actions (inaction) of a medical professional, unpleasant incidents, or harm to the patient's health.
2.3. By confirming the public offer, the user (patient) agrees to all the terms of this agreement.
2.4. The User (Patient) agrees not to file claims and claims against the platform management in case of disputes arising during medical service with a medical professional. All disputed situations between the patient and the medical specialist are directed by the user (patient) directly to the medical specialist.
3. TERMS OF SERVICES AND PAYMENT PROCEDURE
3.1. The medical specialist provides services at the user's (patient's) location in accordance with the received order.
3.2. When a medical professional provides services using their own materials (shprings, systems, dressing materials and antiseptics, and others), the user (patient) is obligated to immediately pay the cost of these materials to the medical professional.
3.3. The user (patient) pays for the provided procedures in accordance with the platform's price list.
3.4. Payment for medical services is made by the user (patient) immediately after the provision of services or by agreement of the parties before the commencement of the provision of services. The unit of account is the national currency of the Republic of Uzbekistan (sum).
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The User (patient) has the following rights:
4.1.1. Use the platform at any time of day.
4.1.2. Call the necessary medical specialists through the platform.
4.1.3. Register on the platform only once and have only one personal page.
4.2. The User is obliged:
4.2.1. Pay the amount calculated by the platform on time.
4.2.2. When ordering, indicate for which type of medical service a medical specialist is being called.
4.2.3. After placing an order, contact a medical professional and explain your location to them accurately.
4.2.4. Receive the provided medical specialist in a timely manner, and if you wish to cancel the order, do so before the medical specialist accepts the order.
4.2.5. In case of cancellation of the order after its acceptance by a medical specialist, compensation for transportation costs (travel) shall be paid in the amount of _________________ sum.
4.2.6. Before providing medical assistance, provide the medical specialist with all information about the presence of other diseases, contraindications to the use of any medications or procedures.
4.2.7. Provide a list of treating physicians.
4.2.8. Create conditions for the provision of medical care by a medical specialist and do not interfere with the provision of medical care.
4.2.9. Behave respectfully towards medical professionals during and after the provision of medical services.
4.2.10. Follow the instructions of the medical specialist.
4.2.11. Do not make false calls to medical specialists.
4.2.12. When choosing the order type, indicate the correct medical specialist.
4.2.13. To be ready to receive medical procedures from a medical specialist at the appointed time.
4.2.14. When calling a medical professional again, call only through the platform.
4.3. The Platform has the right to:
4.3.1. Use and provide user's (patient's) personal data to medical specialists and, if necessary, to law enforcement officers of the Republic of Uzbekistan in accordance with their requirements.
4.3.2. Block or restrict user access to the platform in case of violation of the platform's usage rules or the terms of this public offer.
4.3.3. Cancel this agreement unilaterally at any time.
5. RESPONSIBILITY OF THE PARTIES
5.1. The Platform (platform management) is not responsible for incorrectly entered data by a medical professional during the verification process.
5.2. The User shall be liable in accordance with the legislation of the Republic of Uzbekistan for disseminating medical specialist data to third parties without their consent.
5.3. The platform and the medical professional are not responsible for possible or unforeseen complications during medical appointments (allergic reactions, anaphylactic shock, and others).
5.4. The user (patient) will not file claims against the platform and medical professionals in the event of death as a result of serious illnesses (oncological, after serious injuries, life-threatening, etc.).
5.5. The platform and the medical professional are not responsible for the actions of other medical personnel who have previously treated the patient.5.6. Платформа и медицинский специалист освобождаются от ответственности за неоказание услуг согласно договору, если это произошло из-за форс-мажорных обстоятельств (пожар, природные катастрофы, поломка автомобиля медицинского специалиста, дорожно-транспортное происшествие, связанное с автомобилем медицинского специалиста).
5.7. In the case of providing a user (patient) with poor-quality medical services, claims and objections are applied to the medical specialist in accordance with the legislation of the Republic of Uzbekistan.
5.8. In case of violation of the terms of this agreement by the user or the patient, if they are different persons, they bear joint and several liability before the platform and the medical professional.
6. FORCES AND MAJORITIES
6.1. The Parties are released from liability for partial or complete non-fulfillment of obligations, if such situations are an insurmountable force, i.e., natural disasters, natural and man-made emergencies, and are the consequences of a certain period of time, confirmed by the relevant state bodies, are released from liability. In this case, the deadline for fulfilling obligations under this agreement is postponed accordingly for the period of these events.
6.2. Снижение деловой активности, экономические показатели, неблагоприятные рыночные условия, недостаток необходимых средств, изменение цен, невыполнение обязательств контрагентами, изменение структуры, правовой формы, рабочего порядка, наличие на рынке необходимых товаров и коммерческие риски, вызванные другими обстоятельствами, а также размер исков и/или упущенная выгода не считаются форс-мажорными обстоятельствами.
6.2. Decreased business activity, economic indicators, unfavorable market conditions, lack of necessary funds, price changes, non-fulfillment of obligations by counterparties, changes in structure, legal form, work order, availability of necessary goods in the market and commercial risks caused by other circumstances, as well as the amount of claims and/or lost profits are not considered force majeure circumstances.
7. FINAL PROVISIONS
7.1. This offer agreement is concluded in accordance with the civil legislation of the Republic of Uzbekistan and is valid for the parties from the moment of its conclusion until the user deletes their personal page.
7.2. Issues not regulated by this agreement shall be resolved in accordance with the legislation of the Republic of Uzbekistan.
7.3. Disputes between parties are resolved through negotiations between them.
7.4. If negotiations do not lead to an agreement, disputes are resolved in court in accordance with the legislation of the Republic of Uzbekistan.
7.5. This offer agreement may be terminated by the user at any time, however, this does not affect the unfulfilled portion of obligations arising from previously rendered services.
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