PUBLIC OFFER AGREEMENT AND PRIVACY POLICY

of LLC “ONLAYN HAMSHIRA” for Independent Medical Specialists

This Public Offer Agreement, hereinafter referred to as the “Offer”, is an official offer of Limited Liability Company “ONLAYN HAMSHIRA”, hereinafter referred to as the “Platform”, addressed to independent medical specialists who have the relevant medical education, qualification and the right to provide medical services within the scope of their professional competence.

This Offer governs the procedure for the use of the Platform by independent medical specialists for receiving orders from Users/Patients for the provision of medical services.

This Offer is not intended for medical institutions, clinics, legal entities or other organizations. Relations with medical organizations are governed by a separate agreement.

This document is published on the “ONLAYN HAMSHIRA” Platform, including the website https://onlaynhamshira.uz, the mobile application and other official channels of the Platform.

Full and unconditional acceptance of this Offer shall mean the registration of the Medical Specialist on the Platform, confirmation of consent to the terms of the Offer by ticking the relevant checkbox, completion of the registration procedure and/or actual use of the Platform for receiving orders.

From the moment of acceptance of this Offer, the Medical Specialist shall be deemed to have read all the terms of the Offer, fully accepted them and undertaken to comply with them in full.

 Important condition:
The Platform is an information technology service and aggregator that provides the technical possibility to search for, receive, process and support orders. The Platform is not a medical organization, does not provide medical services, and is not an employer, representative, agent or partner of the Medical Specialist in relation to the provision of medical services to the Patient.

Medical services are provided by the Medical Specialist directly to the Patient, independently, at the Medical Specialist’s own risk and under the Medical Specialist’s personal professional responsibility.

Terms and Definitions

1.1 Platform – Limited Liability Company “ONLAYN HAMSHIRA”, the owner of the website, mobile application, Telegram bot, software and other digital tools used to connect Users/Patients with independent medical specialists.

1.2 Medical Specialist / Specialist – an individual who has secondary specialized or higher medical education, relevant qualification, professional skills and the right to provide medical services within the scope of his/her competence.

The Medical Specialist acts independently and is not an employee, staff member, agent, representative, subcontractor or medical unit of the Platform.

1.3 User – an individual registered on the Platform who places an order to receive medical services for himself/herself or in the interests of another person.

1.4 Patient – an individual to whom a medical service is actually provided.

The User and the Patient may be the same person or different persons. If the User places an order in the interests of a third party, such User shall be responsible for the accuracy of the provided data, coordination of the service with the Patient and payment for the order, unless otherwise follows from the circumstances of the order.

1.5 Order – a request placed by the User through the Platform to call a Medical Specialist for the provision of a specific medical service.

1.6 Medical Service – a medical manipulation, procedure or other medical action provided by the Medical Specialist to the Patient within the scope of the Specialist’s professional competence. The Platform is not the provider of the medical service.

1.7 Information Technology Services of the Platform – services of the Platform for providing the Medical Specialist with access to the digital system, orders, information about Users/Patients, routing, technical support of orders, billing of the commission, recording of order statuses and other functions of the Platform.

1.8 Personal Account / Personal Profile – the personal section of the Medical Specialist on the Platform, through which registration, receipt of orders, status management, display of the balance, deduction of the commission, recording of completed orders, rating and other functions are carried out.

1.9 Balance – an internal accounting indicator in the Specialist’s Personal Account reflecting the amount of funds available for deduction of the Platform Fee and/or other charges provided for by this Offer.

1.10 Platform Fee – the fee for the information technology services of the Platform, calculated and deducted from each order completed by the Medical Specialist through the Platform.

1.11 Price List – a list of indicative or established prices for services displayed on the Platform and used to calculate the cost of an order.

1.12 Acceptance – full and unconditional acceptance by the Medical Specialist of the terms of this Offer by means of registration, confirmation of consent to the terms of the Offer and/or actual use of the Platform.

1.13 Verification – the procedure for checking the data of the Medical Specialist, including identity, education, qualification, documents, contact details, experience, photo, payment details and other information necessary for admission to orders.

1.14 Circumvention of the Platform – provision of services to a User/Patient attracted through the Platform outside the Platform, without placing an order in the system, with the purpose of avoiding the Platform Fee or the rules of the service.

Subject of the Agreement

2.1 The Platform provides the Medical Specialist with access to an information technology service that enables the Medical Specialist to receive orders from Users/Patients, and the Medical Specialist undertakes to comply with the terms of this Offer and pay the Platform Fee in the manner and amount provided for by this Offer.

2.2 The Platform does not provide medical services, does not prescribe treatment, does not make diagnoses, does not control the medical actions of the Specialist and does not interfere with the process of providing medical services to the Patient.

2.3 The Medical Specialist independently decides whether to accept an order, whether it is possible to provide the service, whether it is necessary to refuse the service due to medical contraindications, insufficiency of a doctor’s prescription, risks for the Patient or other objective circumstances.

2.4 The Medical Specialist confirms that he/she provides services independently, at his/her own risk, within the limits of his/her qualification, education, professional competence and the requirements of the legislation of the Republic of Uzbekistan.

2.5 This Offer does not create employment relations, subordination relations, joint activity, agency, representation, franchising or partnership relations between the Platform and the Medical Specialist.

2.6 The Medical Specialist may not present himself/herself as an employee, representative, medical unit or official medical staff member of the Platform.

Registration, Verification and Admission to Orders

3.1 To obtain access to orders, the Medical Specialist must register and provide accurate data, including:

surname, first name and patronymic;
phone number;
photograph;
details of an identity document;
information about education;
diploma, certificates and qualification documents;
information about professional experience;
payment details;
other data requested by the Platform for verification and admission to orders.

3.2 The Platform has the right to verify the information provided by the Specialist, request additional documents, conduct repeated verification, as well as refuse registration or restrict access to orders if there are doubts about the accuracy of the data.

3.3 The Medical Specialist bears full responsibility for the accuracy of the provided data and documents.

3.4 Providing inaccurate, forged, expired or third-party documents is a material breach of this Offer and may result in immediate blocking of the Personal Account.

3.5 The Platform has the right not to admit the Specialist to orders or to temporarily restrict access to orders in the following cases:

failure to pass verification;
absence of required documents;
complaints from Users/Patients;
low rating;
violation of service standards;
suspicion of fraud;
circumvention of the Platform;
violation of legal requirements;
occurrence of risks for Patients, Users or the Platform.

3.6 Passing verification does not mean that the Platform assumes responsibility for the quality, safety or consequences of medical services provided by the Specialist to the Patient.

4.1 The Medical Specialist shall provide services at the address specified by the User/Patient in the order or at another location agreed by the parties through the Platform.

4.2 The Specialist shall accept only those orders that correspond to his/her education, qualification, experience and professional competence.

4.3 If there is a doctor’s prescription, the Specialist shall strictly follow such prescription if it is clear, correct and does not raise reasonable doubts.

4.4 If the doctor’s prescription is absent, incomplete, illegible, contradictory, raises doubts or may create a risk for the Patient, the Specialist shall refuse to perform the relevant manipulation and recommend that the Patient consult a doctor.

4.5 The Specialist shall use sterile instruments, comply with sanitary and hygienic requirements, aseptic and antiseptic rules, as well as other applicable medical standards.

4.6 Before providing the service, the Specialist shall clarify with the Patient or his/her legal representative the presence of allergies, contraindications, complaints, health conditions and other circumstances that may affect the safety of the service.

4.7 Within the limits of his/her professional competence, the Specialist shall provide the Patient or his/her legal representative with accessible information about the performed manipulation, used medical products, possible sensations, risks and precautions.

4.8 The Specialist shall not independently prescribe medications, change doctor’s prescriptions, make diagnoses or perform actions beyond the limits of his/her professional competence.

4.9 If signs of a condition threatening the life or health of the Patient are identified, the Specialist shall, within the limits of his/her qualification, take reasonable primary measures and recommend an immediate call for emergency medical assistance.

4.10 The Specialist shall complete each order in the application strictly upon actual completion so that the system can record the status, time, geolocation and other data necessary to protect the parties in case of a dispute.

4.11 If the Specialist cannot arrive at the order on time, he/she shall immediately notify the User/Patient through the Platform or by another available method.

4.12 Systematic delays, failure to appear for an order, cancellation of an order without valid reasons, rude behavior or failure to comply with service standards may constitute grounds for restricting access to orders or blocking the Personal Account.

Platform Fee and Settlement Procedure

 Main fee: The Platform Fee amounts to 30% of the actual cost of orders paid by the User/Patient and completed through the Platform, unless another fee amount is established by the Platform and displayed in the Specialist’s Personal Account.

5.1 The Platform Fee amounts to 30% of the actual cost of the Medical Specialist’s services paid by the User/Patient and completed through the Platform, unless another fee amount is established by the Platform and displayed in the Specialist’s Personal Account.

5.2 If the order includes medicines, consumables, transportation expenses or other additional expenses, they shall be included in the fee calculation base only if this is expressly provided for by the Platform rules or reflected in the order.

5.3 The Platform has the right to change the amount of the fee by notifying the Specialist through publication of a new version of the Offer, notification in the application, SMS, push notification, messenger message or another available method at least 10 calendar days before the changes enter into force.

5.4 Continued use of the Platform after the changes enter into force shall mean the Specialist’s consent to the new version of the terms and/or the new fee amount.

5.5 The fee shall be deducted from the Specialist’s Balance after completion of the order in the application, unless otherwise provided by the Platform rules or the terms of a specific order.

5.6 The minimum balance required to receive orders shall be 30,000 UZS unless another amount is established by the Platform.

5.7 In case of insufficient funds on the Balance, the Platform has the right to temporarily restrict the Specialist’s access to new orders until the Balance is replenished.

5.8 The Specialist shall independently ensure the availability of sufficient funds on the Balance for deduction of the fee.

5.9 The information technology services of the Platform shall be deemed provided and accepted by the Specialist from the moment the order is completed in the system if within 3 hours from the moment of completion the Specialist does not submit through the Platform a reasoned claim related exclusively to the technical operation of the Platform.

5.10 Claims related to non-payment by the User/Patient, quality of medical services, behavior of the Patient or other circumstances not related to the technical operation of the Platform shall be considered in the manner provided for by this Offer.

Procedure in Case of Non-Payment by the User/Patient

6.1 If the User/Patient has not paid for the provided service, the Specialist shall initiate a payment dispute through the Platform before leaving the place of service provision or no later than 15 minutes after completion of the order.

6.2 If a payment dispute is initiated in a timely manner, deduction of the Platform Fee for the relevant order may be suspended until the circumstances are clarified.

6.3 The Platform has the right to contact the User/Patient, verify the order status, history of actions in the application, geolocation marks, correspondence, requests of the parties and other data lawfully recorded in the system.

6.4 If the User/Patient confirms the fact of non-payment or the debt is confirmed by other admissible data, the Platform has the right to temporarily restrict such User’s access to the service until the debt is settled.

6.5 The Platform does not guarantee payment for the order by the User/Patient and is not obliged to pay for the Specialist’s services on behalf of the User/Patient.

6.6 In case of non-payment, the Platform has the right, within the limits of the law, to provide the Specialist with available data of the User/Patient necessary for independent settlement of the dispute or debt collection.

6.7 If the Specialist claims non-payment but the Platform establishes that payment was actually made, such action may be regarded as an attempt to evade payment of the Platform Fee and a material violation of this Offer.

6.8 If fraudulent actions of the Specialist are identified, the Platform has the right to temporarily or permanently block the Specialist’s access to the Platform, withhold the amount of debt, fees, penalties, confirmed damages and other amounts provided for by this Offer, and return the remaining funds after final reconciliation of settlements.

Rights of the Medical Specialist

7.1 Use the Platform in the manner and under the conditions provided for by this Offer.

7.2 Receive access to orders provided that verification is completed, the Platform rules are complied with and the required Balance is available.

7.3 Receive available information about the order, including the address, list of services, contact details of the User/Patient and other information necessary for fulfilling the order.

7.4 Refuse an order before accepting it.

7.5 Refuse to provide the service after accepting the order if there are medical contraindications, no doctor’s prescription, the service exceeds the Specialist’s competence, there are risks for the Patient or other valid reasons.

7.6 Send proposals, requests, complaints and claims to the Platform related to the technical operation of the service.

7.7 Contact the Platform in case of a payment dispute, aggressive behavior of the User/Patient, threats, false information or other risks.

7.8 Receive a refund of the remaining own funds from the Balance in the manner provided for by this Offer.

Obligations of the Medical Specialist

8.1 Provide accurate data and promptly update it in case of changes.

8.2 Have the relevant education, qualification, professional skills, documents and, where necessary, permits for providing the relevant services.

8.3 Independently comply with tax legislation, including registration as a self-employed person or another permissible legal status, if required by law.

8.4 Independently bear responsibility for compliance with legislation, professional standards, sanitary norms, rules of medical ethics and medical confidentiality.

8.5 Provide services personally, conscientiously, properly, safely and within the limits of professional competence.

8.6 Not transfer the Personal Account to third parties and not allow the account to be used by other persons.

8.7 Not accept orders on behalf of another person and not send another specialist instead of himself/herself without approval from the Platform.

8.8 Arrive at the order on time or notify the User/Patient in advance of the impossibility of arrival.

8.9 Maintain respectful and proper communication with Users, Patients, their relatives and representatives of the Platform.

8.10 Not disclose personal data, medical information, addresses, phone numbers, photos, documents, doctor’s prescriptions and other information received through the Platform or during the provision of the service.

8.11 Not use the data of Users/Patients for personal advertising, direct solicitation, mailings, calls, messages or provision of services outside the Platform.

8.12 Not circumvent the Platform and not provide services to Users/Patients attracted through the Platform outside the Platform system.

8.13 Complete the order in the application only after the actual provision of the service.

8.14 Specify in the application the correct final amount of the order, including additional services, if such services were previously agreed with the User/Patient.

8.15 Before providing additional paid services, obtain the consent of the User/Patient through the Platform or by another method allowing confirmation of such consent.

8.16 Not demand payment from the User/Patient exceeding the amount agreed in the order, except for additional services or expenses previously agreed with the User/Patient.

8.17 Not perform services while under the influence of alcohol, narcotics or any other intoxicating substances.

8.18 Immediately inform the Platform about conflict situations, threats, non-payment, complaints, technical failures, accidents, complications or other incidents.

Rights of the Platform

9.1 Determine the operating procedure of the service, rules for admission to orders, algorithms for order distribution, requirements for rating, Balance, service quality and behavior of Specialists.

9.2 Carry out registration, verification, repeated verification and assessment of Medical Specialists.

9.3 Refuse registration or access to orders without the obligation to disclose internal verification criteria if there are grounds to believe that admission of the Specialist may create risks for Users, Patients or the Platform.

9.4 Provide Users/Patients with information about the Specialist necessary for execution of the order, including name, photo, specialization, rating, reviews, diploma and certificates, contact information and verification status.

9.5 Transfer Specialist data to state authorities, law enforcement agencies, courts and other authorized persons in cases provided for by law.

9.6 Restrict, suspend or terminate the Specialist’s access to the Platform in case of violation of this Offer, legislation, service standards, complaints from Users/Patients, inaccurate data, circumvention of the Platform, fraudulent actions or other actions creating risks for Patients, Users or the Platform.

9.7 Temporarily restrict the Specialist’s access to new orders in case of insufficient Balance, low rating, technical checks, complaints or the need for repeated verification.

9.8 Change the terms of this Offer, the amount of the fee, the minimum Balance, settlement procedures, service rules and other conditions by publishing a new version of the Offer and/or sending a notification to the Specialist.

9.9 Use Platform system records, including logs, order statuses, geolocation marks, action history, correspondence, requests of the parties and transaction information for dispute resolution, quality control, protection of the Platform’s rights and compliance with legal requirements.

9.10 Deduct from the Specialist’s Balance any debt, fees, penalties, confirmed damages, erroneous charges and other amounts provided for by this Offer.

Obligations of the Platform

10.1 Provide the Specialist with access to the Platform provided that the Specialist complies with this Offer and the service rules.

10.2 Display available information in the Personal Account regarding orders, Balance, fees and order statuses.

10.3 Provide technical capability for processing orders unless prevented by technical failures, maintenance work, force majeure circumstances or other objective reasons.

10.4 Review requests and claims of the Specialist related to the technical operation of the Platform within a reasonable time.

10.5 Take reasonable measures to restrict access of Users with confirmed debts, gross violations of service rules or who create risks for the Specialist.

10.6 Comply with personal data legislation within the limits of the Platform’s area of responsibility.

Prohibition of Circumvention of the Platform

11.1 The Specialist is prohibited from providing services to a User/Patient attracted through the Platform outside the Platform if such opportunity became known to the Specialist in connection with the use of the Platform.

11.2 It is prohibited to provide the User/Patient with personal contact information for the purpose of further provision of services outside the Platform unless expressly permitted by the Platform rules.

11.3 Circumvention of the Platform shall also include:

offering services without placing an order through the Platform;
attempting to transfer communication or settlements outside the Platform;
concealing the actual cost of the service;
intentional failure to complete the order in the system;
using User/Patient contact information for subsequent provision of services outside the Platform.

11.4 If circumvention of the Platform is identified, the Platform has the right to restrict or completely terminate the Specialist’s access to the service and withhold debts, penalties, fees and other amounts provided for by this Offer.

11.5 The Platform has the right to use system data, correspondence, requests of the parties, geolocation data, call information and other lawfully obtained information to confirm the fact of circumvention of the Platform.

Confidentiality, Personal Data and Medical Confidentiality

12.1 The Specialist undertakes to maintain confidentiality of personal data, medical information and other information obtained through the Platform or during the provision of services.

12.2 The Specialist shall not transfer to third parties any information about Users/Patients, including:

full name;
addresses;
telephone numbers;
medical data;
doctor’s prescriptions;
photographs;
documents;
other personal information.

12.3 Use of personal data is allowed only to the extent necessary for execution of the order and compliance with legal requirements.

12.4 The Platform processes personal data in accordance with the legislation of the Republic of Uzbekistan and internal personal data processing rules.

12.5 The Platform has the right to use anonymized statistical data for analytics, improvement of the service and ensuring the security of the Platform.

Rating, Reviews and Quality Control

13.1 The Platform has the right to form Specialist ratings based on User/Patient evaluations, order statistics, number of complaints, cancellations, delays and other service quality criteria.

13.2 Low rating, systematic complaints, violations of service standards or other negative indicators may constitute grounds for restricting access to orders or blocking the Personal Account.

13.3 The Platform has the right to request explanations, documents and other information related to the quality of services provided by the Specialist.

13.4 For quality control purposes, the Platform has the right to analyze:

reviews from Users/Patients;
order history;
correspondence through the Platform;
geolocation data;
information about order completion times;
other system data.

13.5 The Platform is not obliged to disclose to the Specialist the internal algorithms of rating and service quality assessment.

Liability of the Parties

14.1 The Medical Specialist independently bears responsibility for the quality, safety, legality and consequences of the provided medical services.

14.2 The Platform shall not be liable for the actions or omissions of the Specialist, User/Patient, or for the consequences of medical services.

14.3 The Platform does not guarantee:

constant availability of orders;
minimum income of the Specialist;
uninterrupted operation of the service;
absence of technical errors;
payment for services by the User/Patient.

14.4 The Specialist bears responsibility for violation of legislation, third-party rights, service rules and the terms of this Offer.

14.5 If claims, lawsuits, fines or other demands are brought against the Platform in connection with the actions of the Specialist, the Specialist undertakes to independently settle such claims and compensate the Platform for caused losses.

Technical Failures and Limitations of the Platform

15.1 The Platform has the right to temporarily restrict access to the service due to technical maintenance, updates, preventive work, error correction or other technical reasons.

15.2 The Platform shall not be liable for temporary interruptions in the operation of the service, loss of data, delays in transmission of information, impossibility to place or complete an order due to technical failures, communication problems, internet failures, software or equipment malfunctions.

15.3 The Specialist shall independently ensure the availability of a functioning device, internet access, the current version of the application and other technical conditions necessary for using the Platform.

15.4 In the event of a technical failure, the Specialist shall immediately notify the Platform through available communication channels.

Blocking and Restriction of Access

16.1 The Platform has the right to temporarily restrict or completely terminate the Specialist’s access to the Platform in case of violation of the terms of this Offer, legislation, service rules or in the presence of threats to Users, Patients or the Platform.

16.2 Grounds for blocking or restricting access may include:

complaints from Users/Patients;
low rating;
circumvention of the Platform;
provision of inaccurate data;
fraudulent actions;
violation of legislation;
security threats;
non-payment of debts;
other material violations of the terms of the Offer.

16.3 The Platform has the right not to disclose the internal criteria for making decisions regarding blocking or restricting access.

16.4 Blocking or restriction of access shall not release the Specialist from fulfilling obligations to the Platform, including payment of debts, fees, penalties and other charges.

Refund of the Remaining Balance

17.1 The Specialist has the right to request a refund of the remaining own funds from the Balance in the absence of debts to the Platform.

17.2 Before refunding funds, the Platform has the right to reconcile settlements, verify the existence of debts, disputes, penalties, refunds or other obligations of the Specialist.

17.3 The Platform has the right to deduct from the refund amount:

commission debt;
penalties;
confirmed damages;
erroneous charges;
other amounts provided for by this Offer.

17.4 Refunds shall be made within a reasonable period after completion of verification and reconciliation of settlements.

Evidence and System Data of the Platform

18.1 The parties recognize the Platform’s system records as reliable evidence of the use of the service, placement, modification, completion or cancellation of orders.

18.2 System data include:

logs;
order statuses;
geolocation marks;
action history;
correspondence;
push notifications;
transaction data;
technical records;
other information recorded by the system.

18.3 System data may be used by the Platform when considering disputes, complaints, claims, court proceedings and compliance with legal requirements.

Force Majeure

19.1 The parties shall be released from liability for full or partial failure to fulfill obligations under this Offer if such failure results from force majeure circumstances.

19.2 Force majeure circumstances include:

natural disasters;
fires;
floods;
earthquakes;
epidemics;
military actions;
mass disturbances;
terrorist acts;
accidents;
interruption of communication or electricity supply;
actions of state authorities;
other extraordinary and unavoidable circumstances.

19.3 The party affected by force majeure circumstances shall, where possible, notify the other party of the occurrence of such circumstances.

19.4 For the duration of force majeure circumstances, fulfillment of obligations may be suspended.

Term, Amendment and Termination of the Offer

20.1 This Offer shall enter into force from the moment of its publication on the Platform and shall remain effective indefinitely until withdrawn or replaced by a new version.

20.2 The Platform has the right at any time to amend the terms of this Offer, service rules, amount of fees, settlement procedures and other conditions for using the Platform.

20.3 Amendments shall enter into force from the moment a new version of the Offer is published or from another date specified by the Platform.

20.4 Continued use of the Platform after amendments enter into force shall mean the Specialist’s full and unconditional acceptance of the new version of the terms.

20.5 The Specialist shall independently monitor the current version of the Offer published on the Platform.

Procedure for Consideration of Requests and Disputes

21.1 All disputes and disagreements arising between the parties in connection with execution of this Offer shall be resolved through negotiations.

21.2 Before applying to court, the party shall send a claim to the other party in electronic or another available form.

21.3 The claim review period shall be a reasonable period unless another period is established by legislation or Platform rules.

21.4 If the dispute cannot be resolved through negotiations, the dispute shall be considered in accordance with the legislation of the Republic of Uzbekistan.

Final Provisions

22.1 This Offer shall be governed by and interpreted in accordance with the legislation of the Republic of Uzbekistan.

22.2 If any provision of this Offer is recognized as invalid or unenforceable, the remaining provisions shall remain in force.

22.3 Failure of the Platform to act in the event of a violation of this Offer by the Specialist shall not deprive the Platform of the right to subsequently demand compliance with the terms of the Offer and apply liability measures.

22.4 This Offer constitutes the entire agreement between the Platform and the Specialist regarding the use of the Platform.

22.5 By accepting this Offer, the Specialist confirms that:

he/she has read the terms of the Offer;
he/she understands their content;
he/she has the necessary legal capacity;
he/she accepts the terms of the Offer fully and unconditionally.

PUBLIC OFFER AGREEMENT AND PRIVACY POLICY

of LLC “ONLAYN HAMSHIRA” for Independent Medical Specialists

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