Public offer for the provision of paid medical services
Labstar Kazakhstan Limited Liability Partnership, hereinafter referred to as the "Contractor", represented by CEO Sydykova Karlygash Nurdauletovna, acting on the basis of a power of attorney and the Charter, offers individuals (hereinafter referred to as the "Customer", "Personal Data Subject") to conclude this public contract for the provision of paid medical services (hereinafter referred to as the "Contract") from the moment of acceptance of the terms of this contract and sending the acceptance to the Contractor on the following conditions:
1. General conditions
1.1. This Contract is a public offer. The terms of Article 387 of the Civil Code of the Republic of Kazakhstan (Public Contract) apply hereto. The terms hereof are the same for all Patients (Customers).
1.2. The acceptance of the offer under this Contract and the date of conclusion of this Contract is the date of payment by the Customer for the paid medical services provided.
1.3. Under the terms of this contract, the Customer commissions and the Contractor undertakes to provide, on a fee basis, Services for the receipt and sampling of biological material, as well as to perform laboratory tests of biological material as agreed with the Patient (hereinafter referred to as the Services). The Contractor undertakes to transmit the results of
1.4. The list, cost and terms of Services provided hereunder, information about the medical care provided, the effectiveness of diagnostic methods, medical devices used, information about medical workers involved in the provision of paid medical services, the level of their professional education and qualifications, can be found on the Contractor's official website www.tumar.kz in the section "Services". The Contractor has the right to extend the period of provision of Services, about which it is obliged to inform the Customer by telephone or e-mail.
1.5. Place of rendering Services: Republic of Kazakhstan, Almaty city, Zhandosova str., 1
1.6. The provision of Services to the Customer hereunder is carried out during the Contractor's working hours, according to the approved internal work regulations
1.1. This Contract is a public offer. The terms of Article 387 of the Civil Code of the Republic of Kazakhstan (Public Contract) apply hereto. The terms hereof are the same for all Patients (Customers).
1.2. The acceptance of the offer under this Contract and the date of conclusion of this Contract is the date of payment by the Customer for the paid medical services provided.
1.3. Under the terms of this contract, the Customer commissions and the Contractor undertakes to provide, on a fee basis, Services for the receipt and sampling of biological material, as well as to perform laboratory tests of biological material as agreed with the Patient (hereinafter referred to as the Services). The Contractor undertakes to transmit the results of
1.4. The list, cost and terms of Services provided hereunder, information about the medical care provided, the effectiveness of diagnostic methods, medical devices used, information about medical workers involved in the provision of paid medical services, the level of their professional education and qualifications, can be found on the Contractor's official website www.tumar.kz in the section "Services". The Contractor has the right to extend the period of provision of Services, about which it is obliged to inform the Customer by telephone or e-mail.
1.5. Place of rendering Services: Republic of Kazakhstan, Almaty city, Zhandosova str., 1
1.6. The provision of Services to the Customer hereunder is carried out during the Contractor's working hours, according to the approved internal work regulations
2. The procedure for the provision of services
2.1. The Customer undertakes to:
2.1.1. provide the Contractor's specialists (doctors) with all the necessary medical data of the Customer, including allergic reactions to medicines, existing and past illnesses, injuries, operations and other factors that may affect the course and result of the provision of Services;
2.1.2. provide all medical data and information necessary for the provision of Services
2.1.3. provide a document certifying the identity of the Customer (identity card, passport of a foreign citizen, residence permit, certificate of a stateless person, other documents issued by an authorized state body and allowing to identify the identity of the Customer).
2.2. The Customer guarantees:
2.2.1. that he/she has complete and reliable information for the conclusion of this Contract and expresses his consent to the provision of the Services indicated in the direction from the attending physician, the receipt and/or the control (fiscal) receipt;
2.2.2. that he/she has fulfilled all the rules of preparation for laboratory tests placed at the points of collection and reception of biomaterial and/or on the website www.tumar.kz;
2.2.3. that the biological material independently collected by the Customer, transferred for laboratory research, was collected in compliance with the rules of preparation for these studies.
2.3. The Contractor undertakes:
2.3.1. to provide the Services provided for herein, qualitatively and in accordance with the standards established in the Republic of Kazakhstan in the field of healthcare.
2.3.2. to provide the necessary information to the Patient about the Services provided and its cost.
2.3.3. to observe medical secrecy and medical ethics;
2.3.4. to observe the rules of asepsis and antiseptics during procedures;
2.3.5. to use only laboratory research methods permitted for use by the legislation of the Republic of Kazakhstan.
2.4. In the case of providing biological material, which was independently collected by the Customer in violation of established procedures and/or non-compliance with the rules of preparation for laboratory tests, the Contractor is not responsible for the quality of the Services from the provided biological material, and the Customer shall pay for the Services in full.
2.5. The Contractor has the right to suspend the provision or refuse to provide Services if the Customer:
2.5.1. has not fulfilled the obligations provided for in paragraph 2.1.
2.5.2. did not pay for the Contractor's services in accordance with Section 3 hereof.
2.6. The Contractor's obligations to provide Services arise from the moment the Customer fulfills the obligations provided for in clauses 2.1., 3.1.
2.7. Upon completion of the provision of services, the Contractor provides the Customer with a medical report by e-mail, followed by the transfer of the original report. The report is subject to issuance only if there is full payment for the services provided.
2.8. The parties agreed that the signing of acts of acceptance of services is not required. If the Customer does not make claims against the Contractor upon the fact of rendering the Services provided under the Contract, the Services are considered to have been rendered with proper quality. Claims are accepted only in writing signed by the Customer within 10 days from the date of issuance of the conclusion.
2.9. The document confirming the provision of Services hereunder are: a control (fiscal) check and an invoice for the work performed (according to the current Tax legislation of the Republic of Kazakhstan, the invoice is not issued to individuals). The issuance of invoices for completed works is carried out by the Contractor, at the written request of the Customer, within no more than 7 (seven) working days from the date of issuance of the results of the laboratory study.
2.1. The Customer undertakes to:
2.1.1. provide the Contractor's specialists (doctors) with all the necessary medical data of the Customer, including allergic reactions to medicines, existing and past illnesses, injuries, operations and other factors that may affect the course and result of the provision of Services;
2.1.2. provide all medical data and information necessary for the provision of Services
2.1.3. provide a document certifying the identity of the Customer (identity card, passport of a foreign citizen, residence permit, certificate of a stateless person, other documents issued by an authorized state body and allowing to identify the identity of the Customer).
2.2. The Customer guarantees:
2.2.1. that he/she has complete and reliable information for the conclusion of this Contract and expresses his consent to the provision of the Services indicated in the direction from the attending physician, the receipt and/or the control (fiscal) receipt;
2.2.2. that he/she has fulfilled all the rules of preparation for laboratory tests placed at the points of collection and reception of biomaterial and/or on the website www.tumar.kz;
2.2.3. that the biological material independently collected by the Customer, transferred for laboratory research, was collected in compliance with the rules of preparation for these studies.
2.3. The Contractor undertakes:
2.3.1. to provide the Services provided for herein, qualitatively and in accordance with the standards established in the Republic of Kazakhstan in the field of healthcare.
2.3.2. to provide the necessary information to the Patient about the Services provided and its cost.
2.3.3. to observe medical secrecy and medical ethics;
2.3.4. to observe the rules of asepsis and antiseptics during procedures;
2.3.5. to use only laboratory research methods permitted for use by the legislation of the Republic of Kazakhstan.
2.4. In the case of providing biological material, which was independently collected by the Customer in violation of established procedures and/or non-compliance with the rules of preparation for laboratory tests, the Contractor is not responsible for the quality of the Services from the provided biological material, and the Customer shall pay for the Services in full.
2.5. The Contractor has the right to suspend the provision or refuse to provide Services if the Customer:
2.5.1. has not fulfilled the obligations provided for in paragraph 2.1.
2.5.2. did not pay for the Contractor's services in accordance with Section 3 hereof.
2.6. The Contractor's obligations to provide Services arise from the moment the Customer fulfills the obligations provided for in clauses 2.1., 3.1.
2.7. Upon completion of the provision of services, the Contractor provides the Customer with a medical report by e-mail, followed by the transfer of the original report. The report is subject to issuance only if there is full payment for the services provided.
2.8. The parties agreed that the signing of acts of acceptance of services is not required. If the Customer does not make claims against the Contractor upon the fact of rendering the Services provided under the Contract, the Services are considered to have been rendered with proper quality. Claims are accepted only in writing signed by the Customer within 10 days from the date of issuance of the conclusion.
2.9. The document confirming the provision of Services hereunder are: a control (fiscal) check and an invoice for the work performed (according to the current Tax legislation of the Republic of Kazakhstan, the invoice is not issued to individuals). The issuance of invoices for completed works is carried out by the Contractor, at the written request of the Customer, within no more than 7 (seven) working days from the date of issuance of the results of the laboratory study.
3. Settlements
3.1. The Customer is obliged to make 100% payment for the Contractor's Services before the start of the provision of Services.
3.2. Payment for Services can be made by paying at the Customer's cash desk by depositing funds or by non-cash payment (payment by bank card). Payment is possible on the Contractor's website www.tumar.kz.
3.2.1. Prices for Services under a Public contract for the provision of paid medical services are not subject to VAT. (the accountant needs to check)
3.3. The cost of Services includes the costs of materials necessary for the provision of Services and logistics of materials on the territory of the Republic of Kazakhstan (if necessary)
3.1. The Customer is obliged to make 100% payment for the Contractor's Services before the start of the provision of Services.
3.2. Payment for Services can be made by paying at the Customer's cash desk by depositing funds or by non-cash payment (payment by bank card). Payment is possible on the Contractor's website www.tumar.kz.
3.2.1. Prices for Services under a Public contract for the provision of paid medical services are not subject to VAT. (the accountant needs to check)
3.3. The cost of Services includes the costs of materials necessary for the provision of Services and logistics of materials on the territory of the Republic of Kazakhstan (if necessary)
4. Personal data
4.1. The Contractor undertakes to process the Customer's personal data in accordance with the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94V "On Personal data and their protection".
4.2. The Parties undertake mutual obligations to comply with the confidentiality regime of information obtained during the performance of the terms hereof.
4.3. The transfer of information to third parties or other disclosure of information recognized as confidential hereunder may be carried out only with the written consent of the other Party, unless otherwise provided by the legislation of the Republic of Kazakhstan and/or this Contract, supplements/annexes thereto.
4.4. By contacting the Contractor for paid medical services, the Customer (his legal representative) gives his consent to the processing of his personal data by the Contractor, including his employees. With the written consent of the Customer (his legal representative), it is allowed to transfer information constituting a medical secret to other persons indicated by the Patient or his legal representative.
4.5. The list of personal data to be processed: surname, first name, patronymic, gender, age; data of the Customer's identity document;
4.6. health status, existing diseases, diagnoses, facts of contacting medical organizations;
4.7. registration address, postal address, email address, mobile phone.
4.8. The list of actions with personal data to which the Patient (his legal representative) gives his consent: any action (operation) or set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer, depersonalization, blocking, deletion, destruction of personal data.
4.9. The transfer of personal data is limited solely for medical purposes and is due solely to technical necessity.
4.10. The transfer of information to third parties or other disclosure of information recognized as confidential hereunder may be carried out only with the written consent of the other Party, unless otherwise provided by the legislation of the Republic of Kazakhstan and/or this Contract, supplements/annexes thereto.
4.1. The Contractor undertakes to process the Customer's personal data in accordance with the Law of the Republic of Kazakhstan dated May 21, 2013 No. 94V "On Personal data and their protection".
4.2. The Parties undertake mutual obligations to comply with the confidentiality regime of information obtained during the performance of the terms hereof.
4.3. The transfer of information to third parties or other disclosure of information recognized as confidential hereunder may be carried out only with the written consent of the other Party, unless otherwise provided by the legislation of the Republic of Kazakhstan and/or this Contract, supplements/annexes thereto.
4.4. By contacting the Contractor for paid medical services, the Customer (his legal representative) gives his consent to the processing of his personal data by the Contractor, including his employees. With the written consent of the Customer (his legal representative), it is allowed to transfer information constituting a medical secret to other persons indicated by the Patient or his legal representative.
4.5. The list of personal data to be processed: surname, first name, patronymic, gender, age; data of the Customer's identity document;
4.6. health status, existing diseases, diagnoses, facts of contacting medical organizations;
4.7. registration address, postal address, email address, mobile phone.
4.8. The list of actions with personal data to which the Patient (his legal representative) gives his consent: any action (operation) or set of actions (operations) performed with or without the use of automation tools with personal data, including collection, recording, systematization, accumulation, storage, clarification (updating, modification), extraction, use, transfer, depersonalization, blocking, deletion, destruction of personal data.
4.9. The transfer of personal data is limited solely for medical purposes and is due solely to technical necessity.
4.10. The transfer of information to third parties or other disclosure of information recognized as confidential hereunder may be carried out only with the written consent of the other Party, unless otherwise provided by the legislation of the Republic of Kazakhstan and/or this Contract, supplements/annexes thereto.
5. Validity of the Contract and liability
5.1. The term of the Contract is 30 days from the date of acceptance by the Customer of the terms hereof. The fact of acceptance of the terms hereof is the date of payment by the Customer for the paid medical services provided.
5.2. The Contract may be terminated:
5.2.1. by mutual consent of the Parties;
5.2.2. at the initiative of the Customer in case of his refusal to continue the examination, by submitting a written application at any time from the moment of the beginning of the provision of Services to the moment of issuance by the Contractor of the conclusion.
5.3. In case of cancellation of the Contract at the initiative of the Customer, the Contractor, if the services were not actually rendered, returns the funds minus the actual expenses incurred. Refunds for Services rendered can be made only if there is a control (fiscal) receipt.
5.4. The parties are responsible in accordance with the legislation of the Republic of Kazakhstan.
5.5. The Contractor's property liability is limited to the amount of money received from the Customer for the services rendered.
5.1. The term of the Contract is 30 days from the date of acceptance by the Customer of the terms hereof. The fact of acceptance of the terms hereof is the date of payment by the Customer for the paid medical services provided.
5.2. The Contract may be terminated:
5.2.1. by mutual consent of the Parties;
5.2.2. at the initiative of the Customer in case of his refusal to continue the examination, by submitting a written application at any time from the moment of the beginning of the provision of Services to the moment of issuance by the Contractor of the conclusion.
5.3. In case of cancellation of the Contract at the initiative of the Customer, the Contractor, if the services were not actually rendered, returns the funds minus the actual expenses incurred. Refunds for Services rendered can be made only if there is a control (fiscal) receipt.
5.4. The parties are responsible in accordance with the legislation of the Republic of Kazakhstan.
5.5. The Contractor's property liability is limited to the amount of money received from the Customer for the services rendered.
6. Other conditions
6.1. The Contractor, at the written request of the Customer, is obliged to provide a signed paper copy hereof.
6.2. E-mail correspondence:
is considered confidential;
has the force of a simple electronic signature.
6.1. The Contractor, at the written request of the Customer, is obliged to provide a signed paper copy hereof.
6.2. E-mail correspondence:
is considered confidential;
has the force of a simple electronic signature.
7. Details of the Contractor
Labstar Kazakhstan LLP
Labstar Kazakhstan LLP