This public offer (hereinafter referred to as the offer) is addressed to individuals, as well as their legal representatives (hereinafter referred to as the Customer), who wish to receive medical services at Keruen-Medicus LLP (hereinafter referred to as the Contractor), in accordance with Articles 387 and 395 of the Civil Code of the Republic of Kazakhstan. Acceptance by individuals wishing to accept (accept) this offer is accomplished by performing one of the following actions:

1. making a preliminary appointment with a doctor through the call center, website www. keruen-medicus.kz Clinics, or by making an appointment directly at the Clinic building;
2. signing informed consent to receive medical services;
3. actual receipt of medical services;
4. first payment for medical services.

Acceptance of the offer means that the Customer agrees with all the provisions of this Offer Agreement for the provision of paid medical services in accordance with Article 387 of the Civil Code of the Republic of Kazakhstan.

The conditions listed in this offer constitute the conditions of the public Offer for the provision of paid medical services to the Customer by the Contractor (hereinafter referred to as the Agreement).

1. Subject of the Offer

1.1. Under this offer to conclude the Offer, the Contractor undertakes to provide paid medical services to individuals, and the Customer undertakes to pay for these services.

1.2. Medical services are a set of therapeutic, diagnostic, and surgical measures provided to individuals in accordance with the standards established by the authorized state body in the field of healthcare in accordance with the price list in force at the time of provision of services approved by the Contractor (hereinafter referred to as the “Price List”).

1.3. The customer agrees that the treatment cannot fully guarantee the achievement of an effect, since during the provision of medical services and after them, both in the immediate and long-term period, various complications are possible, and also that the medical care technology used cannot completely eliminate the possibility of side effects and complications caused by the biological characteristics of the body.

1.4. Medical services, as well as additional medical and other services, are provided at the Contractor’s medical center, located at the address: Almaty, st. Bukhar-Zhyrau 45/1, on the basis of the informed voluntary consent of the Customer/Patient or his spouse or guardians/trustees of the Patient and other legal representatives of the Patient (hereinafter collectively referred to as "Customer"), which is confirmed by the implementation of one of the actions specified in the preamble of this offer.

2. Additional services

2.1. The Customer has the right to use additional medical and other services provided by the Contractor. If such services are received by the Customer or his accompanying persons (including relatives), payment for them is mandatory and is carried out in accordance with the current price list of the Contractor. 

3. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

3.1. The performer is obliged:

3.1.1. provide Medical services to the Customer in accordance with the terms of the Offer;

3.1.2. notify the Customer about the impossibility of providing Medical Services or a reduction in their types and volume;

3.1.3. provide, at the Customer’s request, the necessary medical information about the Patient’s condition and supporting documents at the time of the request;

3.1.4. maintain the necessary medical documentation in accordance with the current legislation of the Republic of Kazakhstan;

3.1.5. inform the Customer about the Contractor's operating hours and the rules for the provision of Medical services;

3.1.6. not to disclose information relating to Medical Services, except for the case when such disclosure has the written consent of the Customer himself or the said disclosure is provided for by the current legislation of the Republic of Kazakhstan.

3.2. The performer has the right:

3.2.1. in accordance with approved medical and economic standards, determine and prescribe a set of Medical and other services necessary to provide the Patient;

3.2.2. provide medical and other services when necessary, including in connection with an emergency, within their capabilities according to the Price List for an additional payment;

3.2.3. provide Medical services with the involvement of medical specialists and medical equipment from other medical organizations without prior agreement with the Customer;

3.2.4. change the tariffs for Medical Services due to inflation and increased costs for the cost of services by notifying the Customer in writing no later than 3 (three) calendar days. If the Customer disagrees with the tariff increase, the Offer is terminated upon receipt of the notification. At the same time, until the Offer is terminated, the tariffs remain the same;

3.2.5. The Contractor has the right to establish a guarantee fee/payment for certain types of medical services in order to ensure proper fulfillment of obligations by the Customer, including compliance with the treatment schedule, timely attendance at appointments, as well as coverage of actual expenses incurred. The amount of the guarantee fee, the procedure for its payment, offset and return are determined by the Contractor and are brought to the attention of the Customer orally and/or in writing, including through electronic communication channels, before the start of the provision of the relevant services.

The deposited guarantee payment is subject to offset against payment for services rendered or returned to the Customer, subject to proper fulfillment of his obligations under this Offer, or in the presence of documented valid reasons for non-fulfillment of obligations, recognized by the Contractor as justified.

In this case, other circumstances recognized by the Contractor may also be considered valid reasons.

3.2.6. not to begin fulfilling obligations under the Offer until the Customer fulfills the obligations established by clause 4.1.4. Offers;

3.2.7. after the Customer has familiarized himself with the conditions and methods of treatment, to obtain the Customer’s written consent or refusal to undergo medical intervention;

3.2.8. require the Customer to provide all information to the Contractor that is necessary for the Contractor to perform its duties under the Offer in a high-quality manner;

3.2.9. refuse to provide the Customer with Medical Services:

• if the Patient systematically violates the rules of stay, daily routine, medical prescriptions and the internal regime of the Contractor’s medical institution;
• If the Patient/Customer, and even the accompanying persons of the Patient/Customer, as well as relatives, exhibit unacceptable and unethical behavior towards the Contractor’s employees, medical workers and third parties, which is expressed in rude and offensive remarks, remarks or gestures addressed to the Contractor’s Employees, third parties; the use of profanity, obscene expressions, offensive comparisons, touching a person without his consent, an aggressive style of communication and other manifestations of aggression that cause insubordination;
• in the absence of prepayment for Medical services;
• if the Patient is diagnosed with one of the following diseases and associated complications: especially dangerous infections; diseases that pose an epidemiological danger, congenital defects, developmental anomalies; diseases associated with the consequences of radioactive and radiation of the same type, cancer, severe somatic diseases; mental illness, sexually transmitted diseases, HIV infection, injuries of all types, and on the grounds specified in this paragraph, the Contractor has the right to recommend the transfer of the Patient to an appropriate obstetric institution intended for the hospitalization of women in labor and postpartum with the risk of perinatal pathology, premature birth, similar indications (hereinafter referred to as the Special Case).

4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER/PATIENT

4.1. The customer is obliged:

4.1.1. faithfully follow all prescriptions and recommendations of the Provider’s attending specialist, strictly observe the rules of stay and daily routine, medical instructions and the internal regulations of the Provider’s medical institution;

4.1.2. not to allow inappropriate and unethical behavior towards the Contractor’s personnel, medical workers, third parties, both on their part and on the part of accompanying persons and relatives;

4.1.3. after Acceptance and during its validity period, provide at the Contractor’s request all information, documents, certificates that are necessary for the quality provision of Medical and other services, including reliable information about the Patient’s health status, past or existing diseases, infections, the presence of bad habits and occupational hazards, allergic reactions, etc.;

4.1.4. without written agreement with the Contractor's attending physician, do not self-medicate, examine/treat/follow the recommendations of healers, alternative medicine doctors and doctors of other medical organizations;

4.1.5. make payments on time and in the manner specified in the Agreement, including in the case of provision of services without prior consent due to an emergency; the Customer is obliged to immediately pay the cost of additional services provided;

4.1.6. upon receiving from the Contractor a full, reliable explanation about the state of health, the nature of the necessary diagnostic and therapeutic measures, as well as possible consequences, give written informed consent or refusal to carry out medical intervention in the form established by the Contractor;

4.1.7. after Acceptance, the Customer confirms familiarization and agreement with the Offer and the current Price List and other necessary documentation posted on the website;

4.1.8. make payments on time and in the manner in accordance with the terms of the Offer;

4.1.9. immediately sign the certificate of completion of work / certificate of mutual settlements for the Medical services provided, presented by the Contractor.

4.1.10. familiarize yourself with the internal regulations for visiting patients at the Contractor’s medical institution, as well as ensure that your representatives, accompanying persons and visitors are familiar with it.

4.1.11. use a parking space on the Contractor's territory strictly from 08:00 to 20:00 daily, observing the established time frames and internal regulations of the Contractor. These conditions also apply to representatives of the Customer, accompanying persons and visitors arriving on the initiative or in the interests of the Customer.

4.1.12. refrain from disseminating deliberately false, distorted or unverified information containing accusations of alleged medical errors, negligence on the part of medical personnel, as well as other statements that do not correspond to reality.
These actions, regardless of the form of dissemination (oral, written, including through social networks, instant messengers or through third parties), are considered as dissemination of information discrediting the business reputation of the Contractor and infringing on the honor and dignity of its employees - both full-time and freelance, and entail legal consequences provided for by the current legislation of the Republic of Kazakhstan.

4.2. Customer/Patient has the right:

4.2.1. Receive additional medical and other services provided by the Contractor in accordance with Art. 2 Offers. 

5. MEDICAL CARE PROCEDURE

5.1. The Customer provides the Contractor with an identification document to establish the identity of the persons.

5.2. The Contractor assigns the Patient to the responsible medical specialist for the period of the Medical Services prescribed to the Customer.

5.3. The Customer contacts the responsible attending physician-specialist directly during the period of medical care in accordance with the Agreement.

5.4. The responsible medical specialist, when caring for the Patient, undertakes to comply with the terms of the Agreement.

5.5. Medical care for the Patient is provided in accordance with the Contractor’s work schedule.

6. CALCULATIONS AND PAYMENT PROCEDURES

6.1. The total cost of Medical Services is determined from the cost of the actual volume of Medical Services provided, as well as the cost of medicines in accordance with the current Price List.

6.2. Payment for medical services is made in the amount of 100% of their total cost until they are received. In the event that the Contractor's medical personnel assigns additional services or the Customer receives other services in the process of providing medical care, the Customer undertakes to pay for these services in full upon completion, but no later than 30 (thirty) minutes after the end of their provision. Payment can be made in cash through the Contractor's cash desk or by non-cash transfer to the Contractor's bank account.

6.2.1. If for certain types of medical services the Contractor provides for a guarantee fee, the Customer undertakes to pay it at the time of acceptance of the conditions for the provision of the relevant service. In this case, acceptance is recognized as the Customer making a preliminary appointment with a doctor through a call center, through the Clinic’s website (www.keruen-medicus.kz), as well as when making an appointment directly in the Clinic building.

The guarantee fee must be paid in the ways provided for in clause 6.2. of this Offer, and is a condition for confirming the appointment and subsequent provision of medical services. The procedure for offset or return of the guarantee fee is determined by the terms of this Offer and is brought to the attention of the Customer prior to acceptance.

6.3. Invoices issued by the Contractor under the Offer are an unconditional basis for the Customer to pay them in full, unless before the expiration of the payment period the Customer notifies the Contractor in writing of any comments and clarifications on the issued documents. The presence of such comments and clarifications does not relieve the Customer from the obligation to timely pay the invoice in full, the amounts specified in them, and if the Customer’s claims are recognized as justified, the Contractor undertakes to make appropriate adjustments in the next invoice.

6.4. In case of untimely payment of payments for Medical Services, the Contractor reserves the right to suspend the provision of services to Customers.

6.5. All payments between the Customer and the Contractor are made in tenge.

6.6. The Customer/Patient is prohibited from transferring any money or any gifts (with the exception of ordinary corporate souvenirs worth no more than 2,000 tenge and flowers) to the Contractor’s employees, or to persons authorized to act on behalf of the Contractor. The Customer/Patient may, as gratitude for the actions of the persons specified in this paragraph, deposit money into the Contractor's cash desk, which will subsequently be issued to the above persons in the form of a bonus for the conscientious performance of their duties.

7. RESPONSIBILITY OF THE PARTIES

7.1. 3a failure to fulfill or improper fulfillment of obligations under the Offer and in the Agreement for the provision of paid medical services. The Parties bear responsibility under the Offer/Agreement and the current legislation of the Republic of Kazakhstan.

7.2. In case of non-compliance with the payment terms specified in the Offer/Agreement for the provision of paid medical services, Medical services are not provided to the Customer. In case of late payment, the Customer shall pay a penalty in the form of a penalty in the amount of 0.5% of the overdue amount for each day of delay.

7.3. In the event of failure or improper fulfillment by the Customer of obligations under this Offer, including failure to show up for an appointment without prior notice to the Contractor or notification less than 24 hours before the scheduled appointment time, refusal to receive the service after confirmation of the appointment, as well as other actions (inactions) that resulted in the impossibility of providing the service through the fault of the Customer, the Contractor has the right to withhold the paid guarantee fee in whole or in part.

7.4. The Contractor is responsible to the Customer within the limits of the services provided under the Offer under the Agreement for the provision of paid medical services.

7.5. The Contractor is not responsible for the life of the Patient or for the quality of services provided under the Agreement:

7.5.1. if the Customer in relation to the Patient or the Patient himself, without the consent of the Contractor’s attending physician, self-medicated, was examined, received treatment, followed the recommendations of healers, alternative medicine doctors and doctors of other medical organizations;

7.5.2. unless the Customer proves violations on the part of the Contractor of its obligations under this Offer and under the Agreement for the provision of paid medical services;

7.5.3. in case of detected chronic pathologies in the Patient and in case of accidents, as well as in case of failure and/or improper fulfillment by the Customer of the terms of the Offer.

7.6. In the event of early termination of the Offer at the initiative of the Customer, with the exception of cases due to medical indications, the Customer undertakes to pay the Contractor the actual cost of the services provided, as well as reimburse the Contractor's costs in the amount of 30% (thirty percent) of the total cost of services provided for in the Contractor's approved price list. Payment of the specified amounts is made within 3 (three) working days from the date the Parties sign the agreement on termination of the Offer or from the date the Contractor receives a written notice of termination of the Offer.

Reimbursable costs include the Contractor's expenses associated with the planned booking of wards, the purchase of medical consumables, remuneration of hired personnel, as well as measures to ensure and improve the quality of services provided.

The cost of services actually provided and all mutual settlements between the Parties upon termination of the Offer are determined in accordance with the current price list of the Contractor. In this case, all payments previously made by the Customer are counted towards the fulfillment of his obligations.

7.6. In case of violation by the Customer of the obligations provided for in clauses 4.1.10. and 4.1.11. of this Offer, the Customer undertakes to pay a fine in the amount of 10 MCI. Payment of the specified fine does not relieve the Customer from the obligation to properly fulfill the relevant obligations.

8. FINAL PROVISIONS

8.1. This Agreement was concluded by the Patient’s acceptance of the Contractor’s public offer and is valid until the Parties fully fulfill their obligations. The Contractor reserves the right to unilaterally make changes to the terms of the offer or withdraw the offer at any time at its discretion.

8.2. The Customer agrees and acknowledges that making changes to the offer entails making these changes to the Agreement concluded and valid between the Parties, and these changes to the Agreement come into force simultaneously with the entry into force of such changes to the offer. The Customer hereby confirms that he has all the legal rights and powers necessary to conclude the Offer.

8.3. The Customer's request for a service from the Contractor after changes have been made to the Agreement (public offer) is clearly understood by the Contractor and the Customer as agreement with the changes made.

8.4. For technical inconveniences caused by city institutions, organizations, municipal and operational services, seasonal preventive and/or repair work, the Contractor is not responsible and is not obliged to pay and/or provide the Customer with any compensation.

8.5. In the event of an emergency and/or force majeure, including a state of emergency, that occurred through no fault of the Contractor, the latter may unilaterally limit the volume and procedure of the Services provided, Additional Services, incl. refuse to provide Services.

8.6. In everything that is not provided for in this Agreement, the Parties are guided by the current legislation of the Republic of Kazakhstan.

9. PRIVACY/ PATIENT CONSENT TO PROCESSING PERSONAL DATA

9.1. The Patient gives his consent to the processing of his personal data by the Clinic staff, as well as special personal data relating to the Patient’s health status, in order to receive services provided by the Clinic. The specified consent is provided to carry out any actions in relation to the Patient’s personal data that are necessary to achieve the above goals, including without limitation: collection, systematization, accumulation, storage, clarification (updating, changing), use, distribution (including transfer), depersonalization, blocking, destruction, as well as carrying out any other actions with personal data in accordance with current legislation. Processing of personal data is carried out by the Clinic in the following ways: processing of personal data using automation tools, processing of personal data without the use of automation tools (non-automated processing).

9.2. The Parties accept mutual obligations to keep secret any information received from the other Party when fulfilling the terms of this Offer.

9.3. Transfer of information to third parties, or other disclosure of information recognized by this agreement as confidential, can be carried out only after receiving the written consent of the second Party (except for cases that do not require such consent in accordance with the law).

9.4. With the consent of the Patient or his representative, it is permitted to transfer information constituting a medical professional’s secret (medical confidentiality) to other persons, including officials, in the interests of examining and treating the Patient (except for cases that do not require such consent in accordance with the law).

9.5. Providing information contained in the Patient’s medical documents and constituting a medical worker’s secret (medical confidentiality) without the consent of the Patient or his representative is permitted for the purpose of examining and treating a Patient who is unable to express his will due to his condition, and in other cases provided for by the legislation of the Republic of Kazakhstan.

9.6. The results of medical examinations by the Clinic staff are communicated to patients either in person or via the WhatsApp mobile application using the phone number specified by the Patient during registration.

9.7. The Patient/Customer, by signing this Agreement, agrees to audio, photo and video filming on the territory of the Clinic, as well as publication of audio, photo, video materials on the official website of the Clinic.

9.8. The parties undertake mutual obligations to maintain the confidentiality of information received during the fulfillment of the terms of the Offer. Transfer of information to third parties or other disclosure of information recognized as confidential under the Offer can only be carried out with the written consent of the other party.

9.9. The following information is considered confidential under the Offer:

• about prices for services provided by the Contractor;
• information about the Customer and the Patient;
• content of the Offer;

other information that became available to the Parties during the provision of services.

10. Addresses and details of the Parties

10.1. The parties unconditionally agree that the Customer’s details should be considered the information provided by him when making an appointment with a doctor.

10.2. Details of the Contractor:

• Keruen-Medicus LLP
• RK, Almaty, Bukhar-Zhyrau boulevard, 45/1
• BIN: 001240000188
• IIC: KZ5784901KZ001794636
• BIC: NURSKZKX
• Kbe: 17
• In the bank JSC "NURBANK"AK
• Tel: 8 (727) 339-37-00
•          8 (777) 300-00-03        
• e-mail: info@keruen-medicus.kz

General manager

Shalbaeva A.D.