Terms & Conditions used by Health-Abroad LLC
These
terms and conditions govern your access and use of Health-Abroad
LLC website. By continue to accessing or using this site, you
agree to be bound by these terms and conditions and to any
additional terms, guidelines, policies, restrictions, or rules
that may be posted in connection with specific sections or
services of this site. Health-Abroad LLC reserves the right to
make changes to this site and to these terms and conditions at
any time without prior notice. If any such changes are made to
the terms and conditions, they will be posted on this website.
Therefore we encourage you to review our terms and conditions
and other policies posted on this site for potential changes
when you return to the site for future visits or to transact
business.
General Provisions
The contents or materials provided in this site are for general
information only and are not intended as medical advice.
Health-Abroad LLC makes no warranty, either express or implied,
regarding the completeness, accuracy, or its suitability for any
particular purpose. Some of the contents or materials on this
site may be affected by current legislative, regulatory,
judicial, or other developments which are not reflected here. We
assume no responsibility or liability for any damages arising
from your use of, or inability to use the site. Health-Abroad
also reserves the right to terminate a user or external link for
repeated violation of our terms and conditions or other
policies.
Our site may
contain hypertext links to other websites. Such links are
provided for your convenience and are not intended as an
endorsement by Health-Abroad LLC of the organizations operating
those sites. Health-Abroad LLC is neither responsible for the
content those sites contain, nor their privacy practices.
Description
of Service
Health-Abroad is primarily and foremost a tour service, it is
only incidental that the majority of our clients are visiting
Thailand for the purpose of medical procedures. Health-Abroad
provides transportation, accommodations, food service and guides
for the client in Thailand. The fact of their medical treatment
is secondary and beyond the scope and expertise of it’s owners
and/or employees and the client hereby acknowledges this fact.
Health-Abroad
LLC does not provide medical advice, opinion, referral,
procedures, tests, diagnosis or treatment. Based on our research
and inquiries, we provide information about hospitals, doctors
and medical travel related service providers, in order for you
to make informed decisions. However, we do not recommend, refer,
endorse, or approve any healthcare provider, travel agency or
other providers listed in the site. The contents of the
Health-Abroad LLC website, such as text, images, photos, videos,
brochures, any information obtained from Health-Abroad LLC ’s
partners, and other material contained on the Health-Abroad LLC
website ("Material") are for informational purposes only. The
material is not intended to be a substitute for professional
medical advice. We encourage you to consult all your medical
issues with your local doctor in your country, before making a
decision on medical treatment outside your country. For any
medical emergency, immediately contact your nearest healthcare
professional or your local emergency contact number.
Your Privacy
Health-Abroad recognizes the importance of protecting the
privacy of information we collect from our on-line users. We are
committed to respecting the privacy of anyone coming to the
Health-Abroad site. Our privacy policy describes how
Health-Abroad LLC collects and uses the personal information you
provide on our site, as well as some of the steps we take to
safeguard it. It also describes the choices available to you
regarding Health-Abroad LLC use of your personal information and
the steps you can take to access this information and to request
that we correct or delete it. Refer our privacy policy posted in
our Site for further information on this.
Information that
you put on our web site
We ask that you do not post any messages with misleading, false,
or inappropriate language or statements. We reserve the right to
remove any offensive or fraudulent content at any time without
your consent. When you place materials or information on our
site that are available publicly, you give us an irrevocable,
perpetual license to use that information. For example, we have
the right to display a comment that you post on our Site as long
as we want. We will consider requests to remove information that
you make publicly available on our Sites on an individual basis.
You can send the requests to our email address in the contact
page in our Site. For information and materials you place on our
Site that is not publicly available, please see our privacy
policy for an explanation of how we use that information and
your rights to change or delete it.
Terms of Use
The Site and any materials that Health-Abroad LLC may provide to
you, whether orally or in writing, such as marketing materials,
invoices and itineraries (collectively, the "materials"),
contain information about hospitals, doctors, travel locations,
travel details and many other things. Some of this information
is supplied to us by third party independent service providers,
such as hospitals, doctors and travel insurance providers. We
have taken reasonable care to ensure it is correct and up to
date; however we cannot continually verify the accuracy of such
information. In addition, the medical services provided by the
hospitals are the sole responsibility of that provider. All our
providers provide their services in accordance with their own
terms and conditions. It should be noted that the documents
issued to you are non-transferable. Such documents may also be
subject to conditions such as, but not limited to, being
non-refundable, non-date-changeable and subject to cancellation
or amendment fees. It is your responsibility to familiarize
yourself with these conditions. In addition, at times exact
cancellation fees may not be known until after cancellation, due
to the booking systems, policies and processes of the relevant
service providers. You agree that Health-Abroad LLC is not
responsible for the quantum or certainty of cancellation fees.
Some of these terms and conditions may limit or exclude the
providers' liability to you. In particular, some of these terms
and conditions may limit or exclude liability for death,
personal injury or medical malpractice. Your booking is made
subject to, and constitutes your acceptance of, these terms and
conditions.
Any amount you
paid to Health-Abroad LLC in respect of medical, travel or
related services, are received by us as the agent only of the
provider. If for any reason, any provider or the hospital is
unable to provide you the services for which you have paid, your
remedy lies against that provider or the hospital, as
applicable, and not against Health-Abroad LLC. If we received
payment by your credit card, you agree that you will not seek to
chargeback or recover your payment or any other direct or
indirect losses from Health-Abroad LLC. Further, you agree that,
for the purposes of any applicable credit card scheme rules, by
completing your booking and remitting payment to the relevant
providers, Health-Abroad LLC has discharged in full our
responsibilities to you. By accepting these terms and conditions
you hereby waive the right to seek any chargeback against
Health-Abroad LLC with respect to any such payment and you agree
that these terms and conditions may be used by Health-Abroad LLC
to resist any chargeback you seek to make against Health-Abroad
LLC.
You are responsible for obtaining all your health information
and travel documents that are required. You also acknowledge
that you may not be able to obtain travel insurance to cover
part or all of your travel to receive medical services from the
Hospital or otherwise. The availability of insurance will be
determined by each relevant travel insurer in it's sole
discretion based on your specific circumstances. Insurance
coverage may be limited or not be available for travel for
medical purposes and / or any pre-existing conditions for which
you or your traveling companions are traveling.
You must not make any fraudulent or false inquiries, bookings,
reservations or requests using our site. You must not upload,
post or transmit to or via the website any unlawful,
threatening, defamatory, indecent, inflammatory or pornographic
material or any material that could give rise to civil or
criminal proceedings; You must not tamper with, hinder the
operation of or make unauthorized modifications to the website;
You must not knowingly transmit any virus or other disabling
feature to the site; You must not impose or attempt to impose a
disproportionately large load on the site infrastructure; You
must not knowingly permit another person to do any of the above
acts.
You warrant that: you are of sufficient legal age to use this
site and create legal binding obligations for any liability you
may incur as a result of using this site; you are responsible
(financially and otherwise) for all uses of this site by you and
those using this site using your ID and password; the
information you supply via the site will be accurate and not
misleading, deceptive or likely to be mislead or deceive. You
agree to supervise all usage of this site by minors under your
name or account. You agree that the medical and other service
reservations facilities of this site shall be used only to make
legitimate reservations or purchases for you or another person
for whom you are legally authorized to act. You acknowledge that
abuse of the services or reservation facilities of this site may
result in you being denied access to such facilities and
possible legal action. The site may contain health- or
medical-related materials that are sexually explicit. If you
find these materials offensive, you may not want to use our
site. You may also restrict your children's access to this site
accordingly.
Links to
Other Sites
Our site may contain hypertext links to other websites. Such
links are provided for your convenience and are not intended as
an endorsement by Health-Abroad LLC of the organizations
operating those sites. Health-Abroad LLC is not responsible for
the content those sites contain, nor their privacy practices.
These other websites, including that of the Hospital, are
maintained by third parties over whom we exercise no control. We
expressly disclaim any responsibility for the content, products
or services of these other websites.
Prices
All prices, rates or fares provided on the site or in brochures
and associated materials are subject to change without notice.
Special conditions may apply to the prices set out in the
materials and on the site. The prices provided are in United
States Dollars per person unless specifically indicated and may
not include taxes or airport charges.
Intellectual
Property
This website, the software, design, text, images and graphics
comprised in this website and the selection and layout of this
website, are owned or licensed by us and are protected by law,
including, but not limited to, United States and international
intellectual property law, as well as other state, federal and
international laws and regulations. You may view and
electronically copy the pages of this site in the usual
operation of your web browser in visiting this site for your
personal use only, but for no other purpose. Any other use of
the material contained on this site, such as copying,
distributing, selling, modifying, transmitting, reusing,
re-posting or publishing is strictly prohibited, without our
specific written permission. Unauthorized use of materials from
our site will not only breach this agreement, but may violate
copyright and other laws.
All rights in photographs, illustrations, artworks, and other
graphic materials, whether on the site, or in the documents on
the site, are reserved to the copyright owners (licensors).
Prior permission to use, download, reproduce, or reprint any
photograph, illustration, artwork, or other graphic material
must be obtained from the copyright owner, regardless of the
intended use.
The logos displayed on this site are registered and unregistered
trademarks of Health-Abroad LLC, its grantees, and others. Use
of the any of the logos displayed on the site, or any other
content on the site, without express prior written permission is
strictly prohibited. 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.
Disclaimer
Health-Abroad LLC does not warrant or represent that the content
of the materials or the site provided by us is accurate,
up-to-date or complete, nor that it does not infringe the rights
of others. We do not warrant that this site or the products and
services offered via this site will meet your requirements or
that the service will be uninterrupted or timely. We will use
our best endeavors to make this site secure and have implemented
technology for this purpose. However, because of the nature of
the internet, we do not warrant that this site will be secure.
Your access and use of this site is subject to factors beyond
our control. We are providing the site and materials and their
respective contents on an "as is" basis for informational
purposes only. We make no representations or warranties of any
kind with respect to the materials and the site, their
respective contents or any of the products or services supplied
through the materials and the site. To the maximum extent
permitted by law, we disclaim all implied representations and
warranties including, without limitation, implied warranties
that the products and services offered and supplied through the
materials and the site will be of merchantable quality, fit for
any purpose or will comply with any descriptions in the
materials and the site. We assume no responsibility nor do we
grant any warranties, express or implied relating to the
procedure, operation, safety, condition or service of the
hospital, physician or other person associated with the hospital
that is used by, for or on behalf of you, health care provider,
aircraft, motor vehicle, 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 you, to the
fullest extent permissible pursuant to applicable law. We are
not liable for the acts, errors, omissions, representations,
warranties, breaches or negligence of any such providers or for
any personal injuries, death, property damage, or other damages
or expenses resulting there from. To the extent permitted by
law, you release us from all liability, cost, damages, claims
and expenses (including direct, indirect, special and
consequential loss or damage whether in negligence or otherwise)
arising out of the supply or failure to supply or use or non-use
of the third party products or services.
Limitation on Liability
You agree that under no circumstances will Health-Abroad LLC or
any of our affiliates and our and their directors, officers,
members, employees, agents, representatives, attorneys,
predecessors, successors or assigns, be liable for any direct,
indirect, incidental, special, punitive, exemplary or
consequential damages (including, but not limited to, lost
profits and damages that result from inconvenience, delay, loss
of use, or physical or psychological injury, claims of third
parties) related to or arising out of use of the materials and
site provided by us, arrangements made based on information
related to or obtained from the materials and site, or products
or services related to or obtained from the materials and site,
or omission or statement by any doctors, hospitals, medical
service providers, tour operators, accommodation providers and
other service providers in any country, or any act, or omission
or statement by Health-Abroad LLC in the course of their duties,
even if we or they have been advised of the possibility of such
damages. In the event of any problem with this site, any site
materials, or services obtained on or through this site, you
agree that your sole remedy is to cease using such items.
Indemnity
You agree to defend, indemnify, and hold Health-Abroad LLC and
our affiliates, and our and their respective directors,
officers, members, employees, agents, representatives,
attorneys, successors and assigns, harmless from and against any
and all claims, proceedings, damages, injuries, liabilities,
losses, costs and expenses, including reasonable attorneys' fees
and litigation expenses, relating to or arising from your use of
the materials provided by us, or services obtained from the
materials, or any arrangements you make at our site or based on
information obtained from The materials, or your use of the
site, any website materials, or services obtained on or through
the site, or any arrangements you make based on information
obtained on or through the site or any breach by you of our
terms and conditions.
Governing Law
This agreement shall be deemed to be made under, and in all
respects shall be interpreted, construed and governed by and in
accordance with laws of the state of South Carolina USA,
without regard to its choice of law principles, and all disputes
arising out of or in connection with this agreement shall be
subject to jurisdiction of the federal and state courts located
in South Carolina.
We agree that any legal action or proceeding under or with
respect to this agreement may be brought in the above mentioned
courts. For the purpose of any such legal action or proceeding,
you hereby submit to the jurisdiction of such courts. You hereby
agree not to raise and waives any objection to or any defense
based upon the venue of such courts and any objection or defense
based upon an inconvenient form. You also agree not to bring any
legal action or proceeding under or with respect to this
agreement outside the above courts of South Carolina unless, for
some reason, the above courts refuse or do not have jurisdiction
in the matter.
Health-Abroad LLC controls its sites from its offices within the
state of South Carolina in the United States of America. The
sites can be accessed from any of the United States and from
other countries worldwide. Since the laws of each state or
country able to access the websites may differ, by accessing the
sites both you and Health-Abroad LLC agree that the statutes and
laws of the state of South Carolina, without regard to choice of
laws principles, will apply to all matters relating to use of
our sites.
Health-Abroad LLC makes no representation that materials on our
sites are appropriate or available for use in other locations,
and accessing them from territories where their contents are
illegal is prohibited. Those who choose to access these sites
from other locations do so on their own initiative and are
responsible for compliance with local laws.
Consequences
If you do not comply with these terms, we have the right to
suspend or eliminate your account, and remove any information
you have placed on our site. We may also take any legal action
we think is appropriate. If your violation of these terms causes
harm to others, you agree to hold Health-Abroad LLC harmless
against any liability for that harm.
Arbitration
Any dispute or claim arising under or with respect to this
agreement will be resolved by arbitration under the provisions
of the South Carolina Arbitration Act. The arbitrator in any
proceeding may award reasonable costs and expenses, including
reasonable attorneys` fee, to the prevailing party.
General
If any of these terms of use is invalid or unenforceable, it
will be struck out, and the remaining terms will remain in
force. Headings are for reference purposes only. You agree that
no agency, employment, partnership, or joint venture
relationship exists between yourself and Health-Abroad LLC as a
result of your usage of this site. You must use this site in a
responsible and co-operative manner. If we do not act in
relation to a breach by you or others of these site rules, this
does not waive our right to act with respect to subsequent or
similar breaches. No employee, agent or representative of the
company has the authority to modify, waive, or alter any
provision of these terms and conditions.
If you have any questions or concerns regarding this statement,
contact Health-Abroad LLC at
thconn@hottdesk.com. You can also
contact us via regular mail at: Health-Abroad, PO Box 8503,
Myrtle Beach, South Carolina 29578.