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MedTours
Corp.
Terms &
Conditions
MedTours
Corp. is the leading medical tourism agency firm specializing in
medical treatment and recuperation packages in the Philippines. In
this role, MTC has researched and gathered publicly available
information and provided this information to Client for Client's use
in making a more informed decision about Client's medical treatment
options in the Philippines. Consultant does not guarantee or warrant
the accuracy of this public information.
Use of
Consultant's Website
Subject to
the terms and conditions of Consultant's website, Consultant grants a
non-exclusive, non-transferable, revocable limited license to view,
print, and download content from Consultant's website solely for
Client's personal non-commercial use and solely for purposes of
enabling Client to review and purchase services offered in
Consultant's website.
Links
from Consultant's Website
Consultant's
website is linked to other websites over which Consultant has no
control. Such websites contain information created, published,
maintained, or otherwise posted by individuals, institutions, or
organizations independent of Consultant. Consultant makes no
representation about the accuracy or information contained on those
websites. Consultant is not liable for the content on those websites.
Use of any information, obtained from such external websites is
voluntary, and reliance on it should only be undertaken after an
independent review of its accuracy, completeness, efficiency and
timeliness. Reference to any specific commercial product, process, or
service by trade name, trademark, service provider or otherwise does
not imply endorsement, recommendation or favoring by Consultant.
Links on Consultant's website are not endorsements of the linked
entities and are provided for convenience only.
Disclaimer
Consultant
is not a medical referral agency or travel service and does not
endorse, recommend, or approve any travel agency or healthcare
provider listed in its website. Consultant is not a medical
professional and will not discuss or advise on any issues relating to
medical treatment. In
other words, Consultant does not provide Client with goods and
services in the capacity of principal.
Consultant's responsibilities are limited to facilitating contact
with, and providing information about medical doctors within the
Philippines including their credentials, in order for Client to make
informed decisions. Consultant does not, however, recommend any
preferred or specific doctors for Client's desired medical treatment.
Consultant
has encouraged and advised Client to discuss all medical issues with
Client's medical doctor in Client's home country before making a
decision on medical treatment outside Client's home country. Through
Consultant's medical tourism affiliates around the world and its
in-depth research, consultant has provided information about
available medical treatment and recuperation options and package in
order for Client to make an informed decision.
No
liability
By signing
this Medical Tourism Agreement Addendum, Client is agreeing to assume
all responsibility for Client's choice of doctors, health care
providers, or medical procedure undertaken. Consultant assumes no
responsibility or liability for any treatment or other services
rendered by any doctor, or for any malpractice claims and other
claims that may arise directly or indirectly from any such advice,
treatment or other services. If
the Client has any complaint in respect of the services rendered by a
doctor or healthcare provider, Client should forward all complaints
directly to the doctor or healthcare provider without any recourse to
the Consultant.
TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
CONSULTANT
ASSUMES NO RESPONSIBILITY NOR GRANTS ANY WARRANTIES, EXPRESS OR
IMPLIED, RELATING TO THE OPERATION, SAFETY, CONDITION OR SERVICE OF
ANY PHYSICIAN, HEALTH CARE PROVIDER, HOSPITAL, AIRCRAFT, MOTOR
VEHICLE, BOAT, OTHER CONVEYANCE, INN, LODGE, OR HOTEL AND/OR PRODUCTS
ASSOCIATED WITH SUCH ENTITIES OR SERVICES THAT ARE USED WHOLLY OR IN
PART BY, FOR OR ON BEHALF OF CLIENT. CONSULTANT IS NOT LIABLE FOR THE
ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR
NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH,
PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
CLIENT
AGREES THAT UNDER NO CIRCUMSTANCES WILL CONSULTANT OR ITS AFFILIATES,
OR ANY OF CONSULTANT'S OR ITS RESPECTIVE DIRECTORS, OFFICERS,
MEMBERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES,
SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS
AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE)
ARISING OUT OF THE SERVICES PROVIDED BY CONSULTANT, INCLUDING BUT NOT
LIMITED TO, CONSULTANT'S WEBSITE, MATERIALS, ARRANGEMENTS MADE BASED
ON INFORMATION OBTAINED ON OR THROUGH CONSULTANT'S WEBSITE, OR
PRODUCTS OR SERVICES OBTAINED ON OR THROUGH CONSULTANT'S WEBSITE.
www.medicaltoursintl.com
members/clients
www.medicaltoursintl.com
members/clients can view the website of www.medtourscorp.com and can
contract for the services of its accredited contractors and service
providers such as but not limited to hotels, spas, doctors and
hospitals.
Indemnity
Client
agrees to indemnify, defend and hold harmless Consultant and its
officers, employees and agents from all such liability and indemnify
each of them severally against any such claims that may be made by or
through Client related to Client's breach of this Agreement or use of
Consultant's website in any manner.
Client's
Representation to Consultant
Accordingly,
without limiting the more general provisions of the disclaimer in
this Agreement, Client specifically represents and warrants to
Consultant that:
Client has
obtained or been advised by Consultant to obtain independent medical
advice from an appropriately qualified medical practitioner in
relation to any medical services that Client has asked Consultant to
coordinate on Client's behalf;
Consultant
has not given Client any advice or expressed any opinion that a
reasonable person would consider as being an advice or opinion of a
medical nature (including with respect to any likely results, risks,
side effects or otherwise);
Even
though Consultant may have provided information regarding the
availability of medical services or coordinated medical procedures,
products or other services on Client's behalf, Consultant takes no
responsibility whatsoever and excludes all liability for the actual
medical services provided; and
Client
accepts and are solely responsible for risks related to medical
advice, procedure or other service and will not hold Consultant or
its officers or employees responsible in any way. Client uses these
services solely at Client's own risk.
Insurance
Consultant
does not have any insurance policy covering expenses for accident,
sickness, loss due to theft or any other reason. Consultant strongly
recommends that Client take out travel insurance and disclose all
relevant matters to Client's insurer (including the fact that Client
may be undertaking elective surgery as part of Client's travel when
applicable). Client shall be solely responsible for making insurance
arrangements in Client's home country before commencing travel. All
baggage and personal property are at all times at the Client's risk.
Venue
and Jurisdiction
Client
agrees that this Agreement shall be governed by and construed in
accordance with the Laws
of the Philippines.
The parties agree that any legal action proceeding under or with
respect to this Agreement may be brought in
the courts of the Philippines,
and for the purpose of any such legal action or proceeding, Client
hereby submits to the jurisdiction of such courts. Client hereby
agrees not to raise, and does waive, any objection to, or any defense
based upon the venue of such courts and any objection or defense
based upon an inconvenient forum. Client also agrees not to bring any
legal action or proceeding under or with respect to this agreement
outside the Philippines, unless, for some reason, the courts of the
Philippines refuse or do not have jurisdiction in the matter.
Arbitration
Except as
otherwise expressly provided in this Agreement, any dispute or claim
arising under or with respect to this Agreement will be resolved by
arbitration under the provisions of the Philippine Arbitration Act.
The arbitrator in any proceeding may award reasonable costs and
expenses, including reasonable attorneys' fee, to the prevailing
party.
Assignment
Client may
not assign, convey, subcontract or delegate Client's rights, duties
or obligations hereunder.
Severability
The terms
and conditions of this Agreement shall be deemed severable. In the
event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining
provisions.
Entire
Agreement
This
Agreement constitute the entire agreement between the Consultant and
the Client relating to the subject matter hereof, and supersedes any
prior understandings or agreements (whether oral or written)
regarding the subject matter, and may not be amended or modified
except in writing.
Payments
and Terms
Non-Refundable
Deposit required by securing your medical procedure booking with us.
Any bookings confirmed and not taken up or availed will be subject to
cancellation fees according to our cancellation fee schedule.
20% Deposit
upon confirmation of the medical procedure booking to be invoiced and
paid to MTC via credit card or bank Transfers – (as indicated on
the invoice electronic or paper) which will be deducted from the
total bills.
80% Balance
payable at least four weeks before date of medical procedure.
Payment can
be made via credit card, telegraphic transfer (US Dollar) or payment
facility under Western Union.
A final
bill which could include additions or deductions from the amount paid
by the patient from his country will be presented to the patient and
settled by the patient prior to discharge from the hospital.
Copyright
and Ownership
Copyright
Medicaltours International Inc., LLC. All Rights Reserved. All of the
site materials, including the content and display of this site are
the property of MTI. This site and its contents; including the text,
graphics, button icons, audio and video clips, digital downloads,
data compilations and software; may not be copied, reproduced,
republished, uploaded, posted, transmitted or distributed without the
written permission of MTI, and or its third party providers and
distributors. You may download, display and print the materials
presented on this Site for
your personal, non-commercial use only.
The site materials are protected by law, including, but not limited
to, the Philippines and international copyright law and trademark
law, as well as other state, federal, and international laws and
regulations. Other names and logos contained in this Site or in the
Site materials are trademarks and service marks of our affiliates and
may not be used without the permission of the trademark or service
mark owner.
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