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For the purpose of these Terms and Conditions “we”, “our” and “us” refers to AllMedicalTourism.com (AMT).
1. Services we provide
1.1 AMT acts as an online marketplace for individuals seeking access to medical services (“Patients,” “Your” or “You”) and providers situated around the world, be they individual medical practitioners, hospitals, clinics, travel agencies (together the “providers”) who wish to provide medical services. AMT facilitates introductions between patients and providers through the Site. For the purpose of these Terms and Conditions, “medical services” relates to the medical service or services that the provider is legally permitted to provide to a patient.
1.2 AMT gathers information from various worldwide providers about their facilities and services, which can be accessed via the Site. This information should assist you in making a decision on choosing your preferred provider by conducting your own research into such providers. If you choose a provider to supply medical services, then we will facilitate contact between you and said provider by passing on your information to theprovider via the AMT “Site Service”.
1.3 AMT has used reasonable care and skill to compile the content on this website. However, neither AMT nor its medical providers make any warranty as to the accuracy of any information on the Site neither AMT nor any of the medical providers accept liability for any errors or omissions on the Site. AMT gives no warranty in respect of the Site or its content and cannot be held responsible for any resulting damage or consequential loss.
If you find that any information is incorrect then please contact AMT immediately - click here.
1.4 You may simply wish to browse through the site to view the AMT service. In this case, only certain provisions of these Terms and Conditions will be applicable to your use of the AMT site.
2. IMPORTANT NOTICE
AllMedicalTourism.com/Astra Interactive Holdings, Ltd. (AMT) is a privately funded business which does not provide any medical services, advice, care or diagnosis. AMT is not an agent for medical providers. All information provided herein is intended solely as a guide and should not be considered professional medical advice. AMT is an information service only where providers offer medical services to patients via the Site. AMT does not screen or validate any content posted by providers, nor does a listing constitute an endorsement of any particular provider. Any decision to contract with a provider is done at your own risk and AMT strongly recommends you conduct your own research of providers listed on the Site and further recommends you consult with your primary care provider before contracting with any provider from this Site. Be aware that the results of any search you conduct on the AMT site for said providers should not be construed as endorsement by AMT of any particular provider, or signify a comparative ranking of those providers.
3. Services we do not provide
3.1 AMT is not a medical referral service and does not endorse, recommend, or approve any provider listed on the Site, nor is it an agent for medical providers. We are not medical professionals and will not discuss or advise on any issues relating to medical treatment with patients or providers.
3.2 AMT is not involved in any transaction between you and the providers who use this site. We cannot assure that all transactions will be completed nor do we guarantee the ability or intent of providers to fulfil their obligations in any transactions.
3.3 As we cannot control the information supplied by providers made available through AMT, we do not guarantee or endorse the authenticity, quality, safety or legitimacy of any provider or the services given or offered by said providers. The accuracy of any listings or provider data we may provide via the Site, or the ability of providers to complete a transaction, rests with them.
3.4 If you choose a provider for medical services and indicate your decision to arrange a quotation with said provider via AMT, then we will inform the provider of your choice. If the provider then decides that they wish to provide the requested medical services to you, they will contact you directly and you will be responsible for completing the contract for the provision of medical services with the provider directly.
4. CONTENT POLICY
4.1 AMT acts as a passive conduit for the online distribution and publication of information submitted through the Site. Our pricing information is an average of the costings supplied by medical providers for any given procedure within a country. AMT has no obligation to screen content or information in advance, and is not responsible for screening or monitoring material posted by providers. Providers are solely responsible for the content and information provided to AMT, which is published on the Site through our data entry forms or otherwise. We reserve the right to edit or remove providers content if we believe it is untrue or a liability for AMT.
4.2 You acknowledge we may publish your reviews of providers or the medical services provided to you by providers either on the Site or on associated or linked sites. You consent to the unrestricted publication of such reviews.
4.5 The procedure descriptions and other editorial content has been written and edited by Kim Davidson.
4.6 Where graphical advertising is displayed on the site, it will clearly be marked with a header “Advertisement” to differentiate paid advertising from editorial content.
5. AGE AND RESPONSIBILITY
You should note that the ‘Site Service’ is only available to, and may only be used by individuals who are legally entitled to form such contracts under law in the jurisdiction in which they reside. If you are under the age of18, you should not access and or use this site or its services. By accessing and using this Site, you warrant that you are 18 years of age or older.
6. DATA PROTECTION
6.1 For the purpose of these Terms and Conditions ,“Data” refers to all electronic data or information (including personal data as defined in the Data Protection Acts, 1988 and 2003 (the “DP Acts”) submitted by you onto the site, and transferred by AMT to the provider - the processing of which is necessary to conclude the contract between you and the provider. You recognise and acknowledge that in order to introduce you to providers of medical services, we will need to provide details of your personal information, including any medical information you provide us with, to providers who wish to arrange a consultation with you. You explicitly consent to the transfer and disclosure of your personal information to these providers even where such providers are based in countries where protections for personal data are different to those under the DP Acts or in the European Union generally. We may also use your contact details, including your phone number and email address, to contact andupdate you as to progress in relation to your consultation with one or more providers and other matters concerning AMT Site Services. You consent to us contacting you in this regard.
AMT may at any time, without notice to you, suspend or terminate your access to this Site, or any service forming part of this Site, wholly or partially for any reason, including without limitation, where you have provided false or misleading information, or you are in breach of these Terms and Conditions, or if AMT cannot verify or authenticate any information submitted to the Site. AMT is not liable to you or any third party for any suspension or termination of access to this Site.
8. USE OF SITE
8.1 You agree not to use this Site or any of its facilities and/or services for any purpose that is unlawful or prohibited by these Terms and Conditions including but not limited to:
8.1.1 Any purpose that is fraudulent, unlawful or prohibited by these Terms and Conditions;
8.1.2 copying, modifying, transmitting, displaying, distributing, performing, reproducing, licensing, publishing, creating derivative works from, transferring or selling any information, software, products and services contained on or forming part of this Site. This also includes using such content of the Site for resale, redistribution or for any other commercial use whatsoever – including, but not limited to - any surveys, contests or pyramid schemes;
8.1.3 accessing or using the Site in and from jurisdictions which restricts or prohibits same by local law;
8.1.4 accessing or using the Site in any manner which could damage, disable, overload, flood, mail bomb, crash or impair the Site or interfere with any other party’s use and/or enjoyment of the Site;
8.1.5 posting or transmitting (whether on a bulletin board, forum or otherwise) to or from the Site any unlawful, harassing, threatening, libellous, defamatory, obscene, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law;
8.1.6 transmitting material which may cause harm to the AMT, or any other party’s computer systems, including but not limited to any material which contains viruses, Trojan horses, worms, spyware, adware, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy or otherwise impair a computer’s functionality or the operation of the Site;
8.1.7 harassing, harming or abusing another person, or contacting, advertising, soliciting, selling to any other person without their prior written consent or transmitting or relaying spam, junk email or chain letters;
8.1.8 accessing data or materials not intended for your use; logging into a server or account which you are not authorised to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; impersonating any person or entity, or falsely stating or otherwise misrepresenting their identity or affiliation in any way;
8.1.9 attempting to gain unauthorised access to the Site, or any computer systems and networks connected to any AMT site, through hacking, password miming or any other means;
8.1.10 harvesting or collecting by any means any program material or information (including without limitation email addresses or details of other users) from the Site or monitoring, mirroring or copying any content of the Site without the prior written consent of AMT.
8.2 The pages contained in this Site may contain technical inaccuracies and typographical errors. The information on this Site may be updated from time to time but we do not accept any responsibility for keeping the information in these pages up-to-date or any liability for any failure to do so.
8.3 AMT reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by you of these Terms and Conditions, including, but not limited to, removal of your postings and content from this Site, and restricting your ability to access this Site and use the Site Services.
8.4 The opinions expressed on the bulletin board or evaluation forums are not those of AMT, its directors, partners or affiliates. Any statements, advice and opinions made by users of evaluation forms or bulletin boards are those of the user or provider only. Where you post any statements, advice and opinions to a bulletin board or evaluation form, you accept responsibility for all such content and AMT neither endorses nor shall be held responsible for the reliability or accuracy of such content. You agree to indemnify AMT against any loss, damage or expense incurred by AMT arising out of your misuse of the Site (including any bulletin boards or evaluation forms) and the Site Services or any information accessible through the Site.
9. COPYRIGHT NOTICE AND LIMITED LICENCE
9.1 http://www.allmedicaltourism.com the facilities, services and The Materials available herein is owned and operated by Astra Interactive Holdings, Ltd., 28/F Tesbury Centre, 28 Queen’s Road East, Wanchai, Hong Kong, China.
9.2 The “Materials”; information, content, graphics, text, sounds, images, buttons, trademarks, service marks, get-up, business names, domain names, rights in good will, know-how, designs and rights in designs, trade names and logos (whether registered or unregistered) contained in this Site, are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, undernational laws and international treaties. AMT and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials.
9.3 Any other use of the Materials on this Site, including any form of copying or reproduction, modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Materials, works or re-delivery using framing technology without the prior permission of AMT, is strictly prohibited and is a violation of the proprietary rights of AMT. Other than as expressly provided herein nothing in these Terms and Conditions should be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of AMT , its licensors or any third party.
9.4 You agree to grant AMT a non-exclusive, royalty free, world-wide, transferable perpetual licence with the right to sub-licence, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Materials and other information (including without limitation ideas contained therein for new or improved services) you submit to the Site, either during the registration process or otherwise, including any information or materials you post to a bulletin board or evaluation forum on the site.
10.1 This clause limits AMT’s legal liability to you for your access to and use of the Site. You acknowledge that you have agreed to these Terms and Conditions relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract.
10.2 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.
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).
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.
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 VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, 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.
ALL USE BY INDIVIDUALS OF THE SITE IS DONE AT THE INDIVIDUALS OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS, RESULTING FROM YOUR DOWNLOADING OR USING OF, 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AMT SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
10.3 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 PROFESSIONAL, ANY DOCTOR OR OTHER PERSON ASSOCIATED WITH THE PROVIDER THAT IS USED BY, FOR, OR ON BEHALF OF YOU. 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 FROM SAID PERSONS.
11. LIMITATION OF LIABILITY
11.1 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 YOUR USE OF ANY FACILITIES, SERVICES AND THE SITE SERVICE OFFERED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE. THIS INCLUDESTHE AVOIDANCE OF DOUBT YOUR 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, REGARDLESS OF AMT BEING ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE.
11.2 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, 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.
11.3 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 Site Services, resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control. This includes, without limitation to, 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.
11.4 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.
You agree to defend, indemnify,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. This is 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 arising out of your breach or any breach of these Terms and Conditions.
13. LINKS TO THIRD PARTY SITES
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 individual site. Access to any other site through this Site is done 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 site, owners or sponsors. AMT provides these links merely as a convenience for those who use this Site.
14.1 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 for any loss incurred by you resulting from the modification, suspension or discontinuance of the Site.
14.2 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 such destructive items.
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, any other client or third party. AMT reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of this Site including these Terms and Conditions at its sole discretion from time to time. You should check these Terms and Conditions 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 any revised Terms and Conditions.
16. JURISDICTION AND GOVERNING LAW
16.1 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 an individual’s 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.
16.2 These Terms and Conditions 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 and Conditions before any court of competent jurisdiction 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 and Conditions, or for such purposes you irrevocably submit to the jurisdiction of such courts.
16.3 The language of any dispute resolution procedure or any proceedings under these Terms and Conditions will be English.