Disclaimer

DISCLAIMER

1. This clause limits AllMedicalTourism.com’s (AMT) legal liability to individuals for access to and use of the Site. You acknowledge that you have agreed to the Terms and Conditions related to the disclaimers stated herein, and that this disclaimer is a prerequisite of this contract.

2. THE SITE IS AVAILABLE TO ALL USERS “AS IS”, AND TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW; THE SITE IS MADE AVAILABLE WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

3. AMT MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT THE SERVICES OR MATERIALS AVAILABLE ON THE SITE (INCLUDING, WITHOUT LIMITATION, THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE).

4. ALL INFORMATION PROVIDED ON THE SITE IS INTENDED AS A GUIDE ONLY AND SHOULD NOT BE CONSTRUED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. AMT MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS AS TO THE ACCURACY OF ANY INFORMATION PROVIDED ON THIS SITE.

5. AMT MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMT ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUSES, BUGS, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE. THIS ALSO INCLUDES NO LIABILITY AGAINST FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF AMT, WHICH CORRUPTS OR AFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THE SITE.

6. ALL USE BY YOU OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR ALL RISK OF LOSS RESULTING FROM, YOUR DOWNLOADING OR USING OF, OR REFERRING TO OR RELYING ON THE FACILITIES, SERVICE, MATERIALS OR PRODUCTS PROVIDED ON THE SITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THE SITE. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMT AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO AMT WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THE SITE, AND YOU HEREBY WAIVE ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS.

7. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY INDIVIDUALS FROM AMT SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

8. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMT ASSUMES NO RESPONSIBILITY NOR DO WE GRANT ANY WARRANTIES - EXPRESS OR IMPLIED - RELATING TO THE OPERATION, SAFETY, CONDITION OR SERVICE OF THE HEALTHCARE PROFESSION,ANY DOCTOR OR OTHER PERSON ASSOCIATED WITH THE PROVIDER THAT IS USED BY, FOR, OR ON BEHALF OF THE CONSUMER. AMT IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF THE PROVIDER, ANY DOCTOR OR OTHER PERSONS ASSOCIATED WITH THE PROVIDER OR FOR LOSS, DAMAGES OR EXPENSES RESULTING THEREON.

LIMITATION OF LIABILITY

9. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AMT NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH INDIVIDUAL USE OF ANY FACILITIES, SERVICES AND THE SITE SERVICE OFFERED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE. THIS INCLUDES THE AVOIDANCE OF DOUBT DURING CONSUMERS TRANSACTIONS WITH PROVIDERS OR MEDICAL SERVICES FACILITATED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES - EVEN IF AMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.

10. IN NO EVENT SHALL AMT NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY PROVIDER OR THIRD PARTY OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT, INADVERTENT OR ADVERTENT.

11. Without limiting the foregoing, under no circumstances shall AMT nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance of the Site or the Site Services resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floats, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals and non-performance of third parties.

12. AMT does not exclude liability for death or personal injury caused by its negligence or that of its employees or authorised representatives or for fraud.

INDEMNITY

13. You agree to defend, indemnify and keep indemnified and hold AMT and (as applicable) its officers, directors, employees, affiliates or other representatives harmless against any and all claims, proceedings, actions, costs (including legal costs), charges, expenses, damages, liability, losses and demands made by, or liabilities to, any third party resulting from any activities conducted under your account, your use or misuse of this Site, including but not limited to posting content on this Site, entering into transactions with providers, contacting others as a result of their postings on this Site, infringing any third party intellectual property or other rights, or otherwise breaching this Terms of Use.

LINKS TO THIRD PARTY SITES

14. This Site contains links to third party sites. Your use of third party sites is subject to the terms and conditions of use contained within each of those sites. Access to any other site through this Site is at your own risk. AMT is not responsible or liable for the accuracy of any information, data, opinions, or statements made on third party sites or the security of any link or communication with those sites. AMT reserves the right to terminate a link to a third party site at any time. The fact that AMT provides a link to a third party site does not mean that AMT endorses, authorises or sponsors that site, nor does it mean that AMT is affiliated with the third party sites, owners or sponsors. AMT provides these links merely as a convenience for those who use this Site.

AVAILABILITY

15. Although AMT endeavours to ensure the Site is available at all times, there may be occasions when access to the Site may be interrupted, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that AMT shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Site.

16.You have sole responsibility for adequate protection and back up of any content and data you submit to the Site, and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive items.

CHANGES IN THESE TERMS OF USE

17. AMT may modify or terminate any services offered through this Site from time to time, for any reason and without notice, and without liability to you the consumer, any other client or any third party. AMT reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of this Site including this disclaimer at its sole discretion from. You should check this disclaimer for any changes each time you access this Site. Your continued use of the Site and/or clicking on the “I accept” button, will signify your acceptance of revised any amendments to this disclaimer.

JURISDICTION AND GOVERNING LAW

18. This Site is controlled and operated by AllMedicalTourism.com/Astra Interactive Holdings, Ltd (AMT). AMT does not make any representation that the facilities, services (including the Site Service) and/or Materials offered through this Site are appropriate or suitable for use in your country, or that they comply with any legal or regulatory requirements in any such countries. In accessing this Site, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Site, facilities, services (including the Site Service) and/or Materials offered through this Site or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise), this Site, the facilities, services and/or Materials offered through this Site or any part of them are not directed at you.

19. These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong, and you hereby agree for the benefit of AMT and without prejudice to the right of AMT to take proceedings in relation to these Terms of Use before any court of competent jurisdiction, and that the courts of Hong Kong shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms of Use, or for such purposes you irrevocably submit to the jurisdiction of such courts.

20. The language of any dispute resolution procedure or any proceedings under these Terms of Use will be English.

MISCELLANEOUS

21. Any waiver of any provision of these Terms of Use must be in writing signed by AMT to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. Each of the provisions of these Terms of Use is separate and severable and enforceable accordingly. If at any time any provision is judged by any court of competent jurisdiction to be void or unenforceable the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Nothing in these terms of use shall constitute, or be deemed to constitute, a partnership between you and AMT, nor shall either party be deemed to be the agent of the other party. These Terms of Use represent the entire understanding and agreement between you and AMT relating to use of this Site, its facilities and/or services (including the Site Service) and supersede any and all prior statements, understandings and agreements.

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