User Agreement

Last updated: 2.12.2024

Please read this document carefully before using the Medigo online platform (hereinafter referred to as the ‘Website’). By using our Website, you agree to the terms of this Agreement.

This Agreement between MEDIGO Limited Liability Company (Ukraine, 03151, Kyiv, Ushynskoho Street, 40, office 302; EDRPOU Code: 44988599), acting as the Website Operator, and you (the User) sets out the terms and conditions of use of the online platform ‘Medigo’ located at: ____________ (hereinafter referred to as the ‘Website’).

1. General

1.1. This Agreement is a public offer that is legally binding for all users of our Website. This means that by using our Website, you automatically accept all the terms of this Agreement.

1.2. By using the Website, you enter into a binding legal Agreement with us that defines your rights and obligations regarding the use of our Website. This Agreement includes the terms of this document as well as our Privacy Policy. The Privacy Policy regulates the specifics of the processing of Users' personal data by the Contractor. You can read the provisions of the Contractor's Privacy Policy at [link to Privacy Policy]. The Privacy Policy is an integral part of this Agreement. You agree to comply with all of these terms and conditions in order to use our services. If you do not want to or cannot comply with this Agreement, please do not use the Site.

2. Basic concepts:

2.1. Public offer (contract) – a public proposal by the Contractor, addressed to an indefinite circle of persons, in accordance with Articles 633 and 641 of the Civil Code of Ukraine, to conclude a contract with them for the sale of goods and related services, on terms determined by the Contractor.

2.2. Acceptance – full and unconditional agreement of any person to accept this Public Offer by performing actions in accordance with this Public Offer.

2.3. Contractor – MEDIGO Limited Liability Company – a legal entity registered in accordance with the legislation of Ukraine (EDRPOU Code 44988599), which is the owner and holder of exclusive rights to the Website.

2.4. User – any person who has expressed interest in the Website and accepted the Public Offer and the Agreement in accordance with the terms and conditions. A natural person who is a representative of a legal entity that has expressed interest in the Website and accepted the Public Offer is considered an authorised representative, regardless of whether the Contractor requests supporting documents (power of attorney, etc.).

2.5. User Agreement - an agreement between the Contractor and the User on the granting of the right to use the Site.

2.6. Parties - the Contractor and the User.

2.7. Goods - any medical devices (products), works or services manufactured, sold, performed or provided by the Contractor, information about which is distributed to Users through the Site.

2.8. Payment systems - a system for transferring money in electronic form. The payment system is installed at the discretion of the Contractor.

2.9. The Medigo Website is an online platform for the sale of medical equipment and related services, which provides access to a wide range of medical devices (goods) for various fields of medicine, and which is intended to offer an unlimited number of persons the use of the Website in accordance with its Purpose.

2.10. Purpose of the Website – use of the Website by the User for the purpose of purchasing medical equipment and related services for medical institutions, laboratories, private clinics and individual specialists.

2.11. Account – a record containing a set of information provided by the User of the Website during Registration and used for work in accordance with the Purpose of the Website.

2.12. Registration – a procedure during which the User fills out a form on the Website, creates a password, and creates an Account.

2.13. User Registration Data – data voluntarily provided or uploaded by the User during Registration and during further use of the Website.

2.14. Personal data – information or a set of information about a natural person who is identified or can be specifically identified; an identified natural person is a person who can be identified directly or indirectly, in particular by reference to an identifier, such as name, surname, patronymic (if any), identification number, individual taxpayer number, bank details, year, month, date and place of birth, address, email address, telephone number, which may previously have been identified as an identifier.

2.15. Cookie – a piece of data generated by the Website and stored on the User's computer (in the browser) in the form of one or more files.

2.16. All other terms and definitions found in the text of the Public Offer shall be interpreted by the Parties in accordance with the legislation of Ukraine, the current recommendations (RFC) of international standardisation bodies on the Internet and the usual rules of interpretation of relevant terms established on the Internet.

2.17. Terms and definitions may be used in both the singular and plural depending on the context, and terms may be written with capital letters.

2.18. The titles (sections) and structure of the Public Offer are intended solely for the convenience of using its text and have no literal legal meaning.

3. Effect of the Agreement:

3.1. Acceptance and terms of this Agreement: the User is deemed to have accepted the terms of this Agreement by performing all of the following actions:

Reading and agreeing to the terms of this User Agreement, available at: [link to the User Agreement] and the Privacy Policy: [link to the Privacy Policy].

Acceptance means that the User fully and unconditionally agrees to all the terms of this Agreement as set forth herein. The User is aware that acceptance means entering into the Agreement on the terms and conditions set forth in this Agreement.

3.2. Unrestricted acceptance: acceptance of the terms and conditions set forth in this Agreement confirms that any terms and conditions of the Agreement are accepted by the User in full, without any exceptions or restrictions. Acceptance of the terms of the Agreement confirms that the User understands all the terms of the Agreement, that the User has exercised the right to obtain from the Contractor any explanations regarding the terms of the Agreement, and also confirms that the terms of the Agreement fully correspond to the will, needs and requirements of the User.

3.3. Term of the Agreement: The Agreement shall come into force upon its acceptance (conclusion and approval) by the User and shall remain in force until the Parties have fulfilled all their obligations under this Agreement. The Agreement may be terminated early by mutual agreement of the Parties. The Agreement may be terminated by the Contractor in the event of a breach by the User of its obligations under this Agreement.

3.4. Invalidity of individual provisions of the Agreement: If any provision of the Agreement proves to be unenforceable (invalid) and cannot be applied to the legal relations between the Parties, it shall be interpreted within the limits of the legislation of Ukraine, taking into account the original interests of the Parties, while the rest of the provisions of the Agreement shall remain in full force and effect.

4. Website functionality

4.1. The Website allows users to view and purchase medical equipment, obtain information about products and available services, and seek advice on selecting the appropriate equipment.

4.2. In order to gain access to the extended functionality of the Website, the User may create their own Account/User Account, which will allow them to track orders, receive special offers and discounts, and save their purchase history. To do this, you must register on the Website. The data provided by the User must be accurate and up to date. The Contractor has the right to request additional information from the User to confirm the data provided by them during Registration on the Website.

4.3. Upon Registration, the User agrees to the transfer of their personal data and to the use of their personal data in accordance with this Agreement and the Privacy Policy. From the moment of Registration on the Website, the User gives his consent and agrees to the processing (collection, registration, accumulation, storage, adaptation, modification, renewal, clarification, use and dissemination, implementation, transfer, depersonalisation, destruction) by the Site Operator of the User's personal data specified by them during Registration, in order to ensure the possibility of using the Site, providing information services to the User, as well as to fulfil the terms of the Public Offer.

4.4. To access the Account on the Website, the User must log in (enter their Login and Password).

5. Terms of use

5.1. In accordance with the terms of the User Agreement, a person who wishes to obtain extended functionality of the Site is required to complete the Registration procedure on the relevant page of the Site. Upon Registration, the User undertakes to provide in the registration form (questionnaire) true, complete and accurate information about themselves and to ensure that it is up to date and complete. The User undertakes not to mislead the Site Operator regarding the accuracy of the data, as well as not to post on the Site addresses, telephone numbers, email addresses, passport/registration data and other information of any third parties. If the Site Operator discovers inaccurate information posted by the User, the Site Operator has the right to cancel such Registration and/or suspend it and/or terminate access to the Site and the sale of goods using the Site and/or request additional documents to verify the information posted by the User. In such a case, the Site Operator shall send a corresponding notification to the User.

5.2. The User agrees that actions taken on the Site after the User's Registration are recognised as actions of the User. The User is fully responsible for maintaining the confidentiality of their Account (including Login and Password) and for any activity that occurs with their Account.

5.3. In case of loss of the User's Account/Account data, the User undertakes to notify the Contractor thereof.

5.4. In case of transfer of the Login and Password to any third party, the User shall bear all responsibility for the actions of such third party.

5.5. Communication with the User is carried out via email, online chat on the Website and telephone support. In addition, Users who have completed the Registration process may receive automated notifications about order status or promotional offers.

5.6. The Website provides promotional offers for Users, discounts on certain groups of goods and competitions to attract new Users and encourage regular Users. Promotional offers are announced on the Website and by email to Users who have completed the Registration process.

5.7. The User has the right to terminate the use of the Account on the Website at any time by notifying the Website Operator by sending a corresponding message using the means provided in clause 5.5. of this Agreement. In this case, the Operator shall close the Account.

5.8. The Site Operator guarantees the availability of the Site around the clock, except in cases of force majeure or technical failures that the Operator could not control and/or was unable to prevent.

5.9. It is prohibited to use the Site for illegal activities or to violate the rights of third parties.

6. Making a purchase and payment procedure

6.1. The price of the goods is indicated on the Website. In case of incorrect indication of the price of the ordered goods, the Contractor shall inform the User about this to confirm the order at the current price or cancel the order.

6.2. The price of the goods and the range of goods on the Website may be changed by the Contractor unilaterally. In this case, the price of the goods ordered by the User shall not be subject to change. If the User has ordered goods that are not available, the Contractor may inform the User of the new price for the delivery of such goods.

6.3. The Contractor shall not be liable for the absence of goods presented on the Website.

6.4. The User may place an Order for any goods that are available for order on the Website.

6.5. The User's Order is placed online via the shopping cart.

6.6. The maximum order processing time is 3 working days.

6.7. If the goods ordered by the User are not available to the Contractor, the latter has the right to exclude the specified goods from the order / cancel the order, notifying the User thereof using the contact details (telephone, messengers, e-mail) provided by the User when placing the Order.

6.8. In the event of the absence or impossibility of manufacturing the ordered goods, the User has the right to replace them with goods of a similar model or cancel the order using the means provided for in clause 5.5. of this Agreement.

6.9. The User shall be fully liable for providing inaccurate information that made it impossible for the Contractor to fulfil its obligations to the User.

6.10. Payment for the goods shall be made by the User:

6.10.1. In cash or by card upon receipt of the order (in the amount corresponding to the cost of the order specified on the Website, taking into account any discounts, if applicable) with advance payment in the amount determined by the Contractor on the terms of cash on delivery through the carrier.

6.10.2. Online on the Website via secure payment systems, in hryvnia, when placing the order (in the amount corresponding to the cost of the order specified on the Website, taking into account any discounts, if applicable).

6.11. After payment for the ordered goods, the User shall receive an electronic fiscal receipt to the contact details (telephone, messengers, e-mail) provided by the User when placing the order.

6.12. Delivery of goods is carried out in Ukraine by courier services and specialised transport companies, depending on the type of equipment and its dimensions, at the expense of the User, unless otherwise agreed by the Parties.

7. Rights and obligations of the Website Operator:

7.1. The Website Operator undertakes to ensure that the User can use the Website in accordance with this Agreement.

7.2. The Website Operator has the right to change the terms of this Agreement, including the payment procedure. Information about such changes shall be published by the Website Operator on the Website and/or in the newsletter. Continued use of the Site by the User after any changes to the Agreement means that they agree to such changes and/or additions.

7.3. The Site Operator has the right to post advertising and/or other information in any section of the Site without the User's consent.

7.4. The Contractor has the right to unilaterally suspend the sale of goods and the provision of services (refuse to process an order, sell and deliver goods) in the event of a violation by the User of the terms of the Public Offer.

7.5. The Contractor may, at its sole discretion, unilaterally change the price of goods on the Website.

7.6. In the event of the absence or impossibility of manufacturing the goods ordered by the User, the Contractor has the right to exclude these goods from the order or cancel the order, necessarily notifying the User using the contact details (telephone, messengers, e-mail) provided by the User when placing the order.

7.7. The Contractor undertakes to properly fulfil the order after receiving and confirming it from the User.

7.8. The Contractor shall check the quality of the goods during packaging and preparation for shipment.

7.9. The Contractor is obliged to ship the goods in accordance with the order and the terms of the Public Offer.

7.10. The Contractor of the Website has the right to send messages to the User, including electronic messages to the User's email addresses containing organisational, technical, informational or other information about the capabilities of the Website.

7.11. The Website Operator undertakes not to use the User's account details obtained during the Registration process for purposes not provided for in this Agreement and guarantees not to disclose such data, except in cases where the disclosure of such information is the obligation of the Service Operator under the legislation of Ukraine.

8. Rights and obligations of the User.

8.1. The User undertakes to comply with the terms of this Agreement, as well as to duly pay for and receive the goods in the manner and on the terms provided for in this Agreement.

8.2. The User undertakes to independently familiarise themselves with the information about the terms of use of the Site. Continued use of the Website after changes to the Agreement are made shall be considered as the User's consent to the changes and additions made, unless otherwise expressly provided in such amended documents. All risks associated with the occurrence of adverse consequences as a result of the User's failure to comply with the requirements of this clause shall be borne by the User.

8.3. The User undertakes to use the Site only for lawful purposes and, when using it, to comply with the current legislation of Ukraine, as well as not to violate the rights and legitimate interests of the Site Operator.

8.4. The User shall not be entitled to take any actions that affect the normal operation of the Site and constitute its unfair use. The User undertakes not to use any devices, programs, procedures, algorithms and methods, automatic devices or equivalent manual processes to access, acquire, copy or track the content of the Website.

8.5. The User undertakes not to take any actions aimed at gaining access to someone else's Personal Account/Account by selecting a login and password, hacking or other actions.

8.6. By agreeing to the terms of this Agreement, the User confirms that he/she is fully capable of acting.

8.7. The User has the right to select goods, place and send Orders on the relevant pages of the Website or by calling the contact numbers listed on this Website.

8.8. The User has the right to demand that the Contractor fulfil the terms and obligations set forth in this Public Offer.

8.9. The User undertakes to familiarise themselves with all the terms and conditions of this Public Offer prior to its acceptance.

8.10. The User undertakes to familiarise themselves with the information about the goods (their description) posted on the Website prior to placing an Order.

8.11. The User undertakes to provide the Contractor with all information necessary for the delivery of the goods when placing and/or processing the Order. The Contractor shall not be liable if the User provides false/incorrect information that makes it impossible for the Contractor to properly fulfil its obligations to the Buyer.

8.12. The User undertakes to pay for and receive the goods in accordance with the Order.

8.13. The User undertakes to inspect the goods upon receipt to ensure that they are intact and complete. In the event of damage or incomplete delivery, this shall be recorded in a report, which shall be signed by the User and a representative of the courier service or specialised transport company.

8.14. The User undertakes to familiarise themselves with the Rules for the carriage of goods by the courier service or specialised transport company before placing the Order.

8.15. The User has the right to information regarding the consideration of their claim and to receive a response to it. In cases established by law, the User has the right to go to court to protect their rights and interests.

8.15. The User may have other rights and obligations established by this Agreement and the current legislation of Ukraine.

9. Liability and limitation of liability

9.1. The Website Operator shall not be liable for any errors, omissions, interruptions, defects and delays in the processing or transmission of data, communication line failures, destruction of any equipment, unauthorised access by third parties to the Website, which have resulted in the restriction of the User's access to the Website. The Operator shall not be liable for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of email services or scripts for technical reasons, for the normal functioning and availability of individual segments of the Internet and telecommunications networks involved in the User's access to the Site.

9.2. The Site Operator is not responsible for the compliance of the Site as a whole or its parts with the User's expectations, for the error-free and uninterrupted operation of the Website, for the termination of the User's access to the Website, as well as for the preservation of the User's login and password that provide access to the Website for reasons related to technical failures of the Contractor's hardware or software.

9.3. In case of violation by the User of the terms of this Agreement and/or the norms of the current legislation of Ukraine, the Contractor of the Site reserves the right to restrict the User's access to the Site on a temporary basis, and in case of gross and/or repeated (more than two times) violation of the terms of this Agreement, to block the User's access to the Site on a permanent basis.

9.4. The Website Operator shall not be liable to the User for restricting access to the Website or terminating access to the Website if such restrictions or termination are the result of circumstances beyond its control that arose after the conclusion of this Agreement and which the Parties could not influence, including, but not limited to, the following: war, riots, strikes, sabotage, embargoes, fires, floods, natural disasters, deterioration of the radio-electronic or radiological environment, explosions, accidents on public networks, changes in the conditions of access to linear cable communication structures.

9.5. The Website Operator shall not be liable to the User or any third parties for any direct and/or indirect losses, including lost profits or lost data, damage to honour, dignity or business reputation, incurred in connection with the User's use of the Website, or the inability to use it, or unauthorised access to the User's communications by third parties.

9.6. The Website Operator shall not be liable for any damage to the User's or any other person's electronic devices, any other equipment or software caused by or related to the User's use of the Website.

9.7. The Contractor shall not be liable for the misuse of goods purchased under this Public Offer.

10. Dispute resolution

10.1. The User and the Website Operator agree that all disputes and disagreements that may arise from this Agreement or in connection with its execution shall be resolved through negotiations with mandatory compliance with the pre-trial dispute resolution procedure. Claims of the User regarding the goods sold by the Contractor and/or the accompanying services provided shall be accepted for consideration only if they are made in writing and sent via the form on the Website, by email or by telephone to the Contractor within three months from the date of delivery of the goods and/or provision of accompanying services by the Contractor or refusal to deliver the goods/provide services.

10.2. The Contractor undertakes to consider the claim and respond to it within 5 working days of receiving the claim in the manner specified in clause 10.1 of this Agreement. In the event of complex situations, the period for considering the claim and responding to it may be extended with mandatory notification of the User.

10.3. If no agreement is reached, all disputes arising from the performance of this Agreement shall be settled in court in accordance with the current legislation of Ukraine at the location of the Contractor's Website.

11. COOKIE files

11.1. Cookies are small files that are stored on the User's device while they are browsing the Website (e.g. pages viewed, date and time of such access, etc.) and which can be reviewed when they return to the same Website (hereinafter referred to as ‘Cookies’).

The Website Operator cares about the User and tries to make their stay on the Website as comfortable as possible. To do this, it is necessary to analyse the User's behaviour, preferences and interests using cookies. This analysis will help improve the experience of interacting with the Website and determine the most convenient interface and navigation for the Website.

11.2. Cookies can be permanent (called persistent cookies) and stored on your computer until you delete them, or temporary (called session cookies) and stored only until you close your browser. In addition, cookies are divided into primary (set directly by the website you are visiting) and third-party (set by other websites).

11.3. Important:

1) when the User revisits the Website, the cookie data is updated;

2) in most cases, the web browser allows cookies to be stored on the User's device by default;

3) disabling cookies may result in restricted access to published materials and/or the Site not functioning properly.

11.4. If the User does not enable the use of cookies or deliberately deletes all cookies from their web browser, the User will be asked again to enable and use cookies when they visit the Website again.

11.5. Information about the User obtained through cookies is not sold or distributed in the public domain and is the property of the Website Operator who owns the resource.

12. Procedure for amending and supplementing the Agreement

12.1. The Website Operator has the right to review and update the terms of this Agreement at least once a year to ensure that they are up to date with changes in legislation, business processes or the functionality of the Website. Additional updates may be made as necessary if there are significant changes to the services or the Privacy Policy.

12.2. Changes and/or additions to this Agreement shall be made unilaterally by decision of the Website Operator. The date of entry into force of changes and/or additions to this Agreement shall be the date of publication of such changes and/or additions on the Website, unless otherwise specified by the Website Operator.

12.3. The Contractor shall notify the User of any changes to the terms of this Agreement by posting a notice on the Website and/or by email. The User shall have 14 days from the date of such notification to review the new terms. Continued use of the Website after this period shall be deemed as acceptance of the updated terms of this Agreement and agreement to the new version.

12.4. If the User does not agree with the changes and/or additions made to this Agreement, the User has the right to terminate this Agreement by deleting their Account and/or notifying the Website Operator of the User's refusal to continue using the Website, as well as of their disagreement with the changes and/or additions made or of their refusal to accept the new version of the Agreement or to comply with its terms.

13. Final provisions

13.1. This Agreement and the relations between the Website Operator and the User are governed by the laws of Ukraine. Issues not covered by the Agreement shall be resolved in accordance with the laws of Ukraine.

13.2. If, for any reason, any of the terms of this Agreement are found to be invalid, this shall not affect the validity or applicability of the other terms of the Agreement.

13.3. This Agreement shall enter into force for each User upon the User's performance of the actions specified in clause 3.3. of this Agreement and shall remain in force until the Parties have fulfilled all their obligations under this Agreement.