Section I. General Provisions
This agreement defines the terms and conditions for using the plastic surgery and rejuvenation medicine clinic website https://anacosmo.ua/ (hereinafter “Website”) and Application programs for website use and personal account access (hereinafter “Programs”). This agreement is between You (hereinafter “Client”) and the plastic surgery and rejuvenation medicine clinic “ANACOSMA” represented by LLC “ANA-COSMA-A” (hereinafter “Administration”) and regulates all methods of using the website and programs under Administration’s control and management, as well as all types of services provided by Administration through the Website and Programs.
Only persons (Clients) who have accepted all terms of this agreement are permitted to use the Website and Programs.
The agreement terms apply to all website or program users (clients) – both users without accounts on the Website or Program (unregistered users) and users with any available account types. An account is understood as a combination of client information and authorization data (login, password).
This agreement is an adhesion contract and is considered concluded from the moment You accept its terms.
Definition of Terms and Concepts
Administration – (website management) performs certain administrative functions for monitoring website, server, equipment and program operability, promotes the website, maintains visitor statistics, performs content manager duties, and monitors timely information updates.
Website – https://anacosmo.ua/, including all its subdomains, under Administration’s organizational control.
Application Program – computer program or software usable on tablets, smartphones and other mobile devices, distributed under adhesion contract terms (free public offer), providing the person joining such contract with free permission to use the program for its intended purpose under Administration’s organizational control.
Client – natural or legal person of legal capacity who has reached 18 years of age, fully accepted all terms of this Agreement and privacy policy, registered on the Website or Program, possesses individual login and password, and client account for using services of this Website and Programs.
Client’s Electronic Private Account – special website section accessible through Programs, containing Client’s personal authorization information and other profile data that only this Client has the right to post. This section also receives confidential information (including clinical-diagnostic research results). Only the Client has access to this section. One client may own only one Client account.
Authorization Data – Client’s Login and password required for Client identification when using the Website or programs and accessing personalized information (particularly in Client’s Electronic Private Account) and/or additional features.
Section II. Subject and Operating Principles
Contract Subject
Administration permits Client to view and download information from the Website exclusively for personal non-commercial use. Changing website materials or distributing them for public or commercial purposes is prohibited. Any use of information on other websites or computer networks is prohibited. Using the website and programs provides Client with the ability to order and make preliminary arrangements for ordering services at the “ANACOSMA” plastic surgery and rejuvenation medicine clinic.
Basic Website Functionality Principles
- Administration operates by creating an information-communication Internet platform – a tool for more effective and convenient access to public information, service ordering at the “ANACOSMA” plastic surgery and rejuvenation medicine clinic, and access to confidential information via Client’s Electronic Personal Account.
- Full Website access, complete Program functionality use, and access to Client’s Electronic Personal Account are only available to registered clients (those who have passed Client identification and have a Client account).
Section III. Rights, Obligations and Responsibilities of Parties
Notification to Administration about Rights-Violating Information
If Client believes rights-violating information is present on the Website, they must notify Administration and provide information confirming such rights violation. If Client provides false information about rights violations, they bear full responsibility for damages caused (including expenses, fees and attorney service payments).
User Rights and Obligations
Client has the right to:
- Use all technical capabilities of the website and programs provided by Administration
- Access any public information posted on the Website or Programs
Client is obligated to:
- Provide and post reliable personal data during registration
- Use the Website and Programs only for purposes consistent with agreements between User and Administration, current Ukrainian legislation, and principles of reasonableness and morality
- Independently bear responsibility to third parties for their actions or inactions when using the Website and/or Programs
- Independently and at their own expense settle all third-party claims related to Client’s actions or inactions when using the Website and/or programs
Unless proven otherwise, any actions performed using the account and/or Client’s login and password are considered performed by this Client.
If Client posts information on the Website or performs other actions inconsistent with Agreement terms, Administration has the right to delete, without notice and at its own discretion, completely or partially the information posted by the client, including information for which it’s difficult to determine compliance with the Agreement and/or current Ukrainian legislation.
Client is Prohibited from:
- Actions violating any person’s rights, freedoms, honor and dignity
- Actions aimed at misleading other users
- Providing their account and/or login and password to third parties
- Registering an account on behalf of or instead of another person
- Posting information (including any materials) violating copyrights, trademark rights, industrial property rights and/or rights to other intellectual property objects belonging to third parties
- Posting information violating third parties’ rights and legitimate interests (including posting photos and videos where a person is the main subject without their consent)
- Posting advertising, erotic, pornographic or offensive materials
- Attempting to access another Client’s account and/or login and password by any means
- Posting computer viruses or programs capable of interrupting or disrupting normal functionality of computer equipment, software, and telecommunications means
Administration Rights
Administration reserves the right to:
- Delete completely or partially information posted by Client without notice at its own discretion if such information or actions don’t comply with Agreement terms
- Block Client’s page upon receiving justified complaints from other clients about Client’s incorrect behavior on the Website
- Close or suspend Website or Program functionality or any part thereof, change Website or Programs completely or partially without prior Client notification
- Suspend Client’s access to Website and/or programs in case of technical malfunctions to eliminate them
Administration Liability Limitations
- Administration bears no responsibility for any errors, typographical errors and inaccuracies that may be found in materials contained on this Website
- Administration makes all necessary efforts to ensure accuracy and reliability of Website information. All information and materials are provided “as is” without any warranties
- Website information is constantly updated and may become outdated at any time. Administration bears no responsibility for receiving outdated information from the website or Client’s inability to receive information updates
- Administration bears no responsibility for visitors’ expressions and opinions left as comments, questions or reviews
- Administration bears no responsibility for possible illegal actions of clients toward third parties or third parties toward Client
- Administration bears no responsibility for harm, damages or expenses arising in connection with this Website or Programs
- Administration bears no responsibility for Client’s loss of account access (including Electronic Private Account)
- Administration bears no responsibility for incomplete, inaccurate, incorrect indication of Client’s data when creating Client account
Section IV. Information Posting Conditions
Registration
User’s completion of registration procedure means agreement with this contract. Client, agreeing to the Agreement, undertakes obligations to fulfill conditions specified in the Agreement.
User confirms their legal capacity when using the Website and Programs.
To obtain access to all website and program services, natural or legal persons must complete registration procedure.
Client undertakes not to provide their login and password to other persons and take measures to prevent login and password from becoming known to third parties.
Client bears responsibility for all actions performed by them on the Website and Programs, as well as for all actions performed on the Website and Programs by any other persons authorized under Client’s login and password.
Section V. Intellectual Property
Intellectual Property
Client posting any information containing intellectual property objects on the Website and/or Programs guarantees that uploading, copying and using such information doesn’t violate third parties’ rights.
Client uploading any intellectual property objects to the website and/or programs provides Administration with free non-exclusive property rights to these objects for non-commercial use.
This agreement doesn’t transfer any exclusive property rights to any Administration or third-party intellectual property objects to Client unless explicitly stated.
Client is prohibited from any commercial use of any information and intellectual property objects posted on the Website and/or Programs without written permission from the respective rights holder.
Client Personal Data
Using this Website and/or Programs, Client automatically consents to collection, storage, use and distribution of information about themselves according to Privacy Rules presented in this Agreement.
Clients agree that Administration has the right to include personal data provided by users in personal data database, process such personal data and, when necessary, transfer such personal data to third parties.
Administration has the right to collect, store and use Client personal data according to their consent.
Client undertakes to provide complete and reliable information about their personal data during registration or order processing.
Information Confidentiality and Security
Confidential information includes information about Client’s medical care request, laboratory research results, and other information that is confidential according to current legislation.
Parties undertake confidentiality obligations regarding information received during Agreement execution.
Information transfer to third parties or other disclosure of confidential information may only be carried out with Client’s written notarized consent and/or in cases directly provided by legislation.
Administration makes all possible efforts for maximum security level of information posted on Website and/or through Programs.
Section VI. Other Conditions
Final Provisions
Administration has the right to make changes to this Agreement. All Agreement changes will be available as a new Agreement version.
Administration bears no responsibility for damage or losses incurred by Client or third parties due to misunderstanding Agreement terms.
Client provides Administration with the right to send them notifications containing information about Website, services and/or Programs or advertising information.
Website is provided by Administration “as is.” Administration doesn’t guarantee Website compliance with Client’s purposes and expectations or its uninterrupted and error-free operation.
Ukrainian legislation applies to this Agreement and relations between Administration and Client arising from Website and/or program use. Each party unconditionally agrees that Ukrainian courts have exclusive jurisdiction over any claims, disputes or disagreements concerning the Agreement and Website and/or Program use.
Any disputes arising from this Agreement are resolved through negotiations between Parties. If a dispute cannot be resolved through negotiations, it is resolved through court proceedings according to Ukrainian legislation.