Disclaimer Destiny Meditravel

Disclaimer Destiny Meditravel2016-11-02T18:41:52+00:00

DISCLAIMER

To the fullest extent permitted by law, https://phuket.surgery disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. https://phuket.surgery gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information on its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of https://phuket.surgery to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you, but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

YOUR PRIVACY

At https://phuket.surgery, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. https://phuket.surgery respects the privacy and confidentiality of the information provided by you and adheres to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. https://phuket.surgery’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the client’s data https://phuket.surgery collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

Destiny Meditravel requires all users of its website and service to read the following important terms and conditions carefully because by: • entering this website;

  • accessing this website;
  • viewing material on this website;
  • using the links on this website;
  • providing DMT with a request for a Instant Estimate form or a booking form, You expressly agree to be bound by the following terms and conditions (“Agreement”). This Agreement also includes our privacy policy and any other terms and conditions on this website.

CHANGES TO THIS AGREEMENT

We may change the Agreement at our discretion and without notice. A version of the current Agreement will be available on this site as they are modified. All amendments will be become effective 30 days after the date of posting. By continuing to use our website you accept the Agreement as it applies from time to time. A copy of our current Agreement is displayed on our website at all times. This Agreement is in no way limited or altered by any other terms of conditions on this website.

WHAT DESTINY MEDITRAVEL DOES DO

We at Meditravel provide referrals to suppliers of medical and travel goods and services. Through the relationships Meditravel has created with various service providers, Meditravel coordinates your travel, accommodation, medical services, tours and other requirements (“your package”). In coordinating your package, Meditravel may:

  • make information from third parties available to you;
  • introduce you to third party providers of goods and services;
  • organise tickets;
  • Facilitate the payment of goods and services by you to third parties.

WHAT DESTINY MEDITRAVEL DOES NOT DO

In coordinating your package, Meditravel does not provide, however, does coordinate on your behalf :

  • travel agency services or goods (including but not limited to Hotel, transport,, tour and events); or
  • medical/hospital services or goods (including but not limited to medical advice); or
  • Does not Arrange Travel Insurance

This means that Meditravel is not itself providing you with any goods or services in the capacity of principal.

THIRD PARTIES

https://phuket.surgery does not and will not sell or deal in personal or customer information. We may, however, use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. Also, we may use the information that you provide to improve its website and its services but not for any other use.

DISCLOSE YOUR INFORMATION

https://phuket.surgery may be required, in certain circumstances, to disclose information in good faith and where https://phuket.surgery is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

BOOKING FEES

These fees are charged to engage Meditravel to coordinate your Medical and if required introduce you to other third party suppliers. Our service will include but are not limited to having recommendations provided to the client by the surgeon based on submitted information and photographs. Coordinating appointments and surgery around travel dates, ensuring clients stay the required recommend time, providing answers and information to client questions and concerns within our knowledge and expertise or through those with the appropriate knowledge and skills such as surgeons, hospitals, dentist, and clinics.

Booking fees are non-refundable and payable at the time of requesting a surgery date after recommendations have been provided. Appointment dates will not be confirmed until the Surgery booking fee has been paid. This can be done online for Surgery Booking or Group Booking over the telephone if required. Refunds will not be provided for the dissatisfaction of results and services provided or offered if surgery has been arranged regardless if surgery proceeds.

A refund will only be provided if the client is rejected for surgery by the surgeon after paying the appropriate surgery or Group booking fees

WHAT ARE YOUR RESPONSIBILITIES

Your package is provided by third party suppliers, and the supply of the goods or services associated with your package by such third parties will be governed by their terms and conditions, These Terms and Conditions  are listed  at the bottom of the website  and are the clients responsibility to read and agree to should you take up their services. Meditravel has no control over the terms and conditions of third party suppliers, and you should ensure that you, read and understand the terms and conditions of each supplier of each component of your package before booking and paying any deposits.

In particular, you should make sure that you are aware of any exclusions or limitations of liability imposed by the third party service provider of your package. Some of these may limit or exclude liability for death, personal injury (including injury arising out of the provision of medical services), delay and property loss or damage.

YOUR CONTRACTURAL RELATIONSHIP WITH THIRD PARTY SUPPLIERS

Before entering into any agreement, be sure that you have carefully read and are familiar with any contractual arrangement that you enter into. Destiny Meditravel is not acting as your general contractor, agent or lawyer with any third parties, including any hospitals or travel agents, found on, or through the DMT website or referred to you by DMT or any of the services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. It is your responsibility to negotiate the terms of any relationship you enter into. You should note that the success of any consumer/supplier relationship would depend on a number of factors, including the conditions that exist where the requirement is supplied, the level of communications between the parties and the skill and knowledge of the parties.

Neither Destiny Meditravel nor any of its employees has any control over the suppliers or consumer requirements listed on the Meditravel.com.au website, nor do they have any control over how or when any supply will be made. By using a link to another website to request a supply or by lodging a requirement on the Meditravel.com.au website, you agree that you are at least 18 years of age and are not otherwise prevented from entering into a binding legal agreement.

DMT assumes no responsibility whatsoever for any charges that you may incur when making a booking through the DMT website.

WEBSITE MATERIAL NOT MEDICAL OR TRAVEL ADVICE

The content, including publications and information provided on this website, are for your information and interest only. The information is not specific to any previous particular circumstance. Meditravel does not intend and does not warrant or guarantee the quality, currency or accuracy of the information it provides. Meditravel does not warrant that the information or material on this website is entirely free from error or omissions or completely suitable or fit for the use intended of the information on this site.

Since the information is derived from a variety of sources, Meditravel is not responsible or liable for any inaccuracies or omissions as a result of misinformation received from third parties.
The information on this website is not intended to be comprehensive, and it does not constitute and must not be relied on as medical or travel advice.

You should seek medical, travel or other professional advice before acting or relying on any of the content on this website. No information provided by Meditravel on this website is intended to replace personal consultation with a qualified medical practitioner or other healthcare professional. You must seek specific advice tailored to your circumstances. You should ensure that you receive information and advice about general surgical and procedural risks and information and advice about specific risks associated with your procedure/s.

While the DMT website contains information on cosmetic surgery procedures, the information is not exhaustive and should not be accepted as the only or best practice. DMT does not advocate any particular technique or philosophy of cosmetic surgery procedure, nor does it endorse any medical procedure whatsoever.

GENERAL

You expressly acknowledge and agree that Destiny Meditravel does not exert control over users of the Website and is not liable for their behavior including any information uploaded to the Web site that is offensive, defamatory, discriminatory, illegal or in violation of third party rights. You further acknowledge that Destiny Meditravel has no responsibility for use of listings on its Web site by persons engaged in mass email or spamming activities.

Although Destiny Meditravel will not intentionally supply you with any inaccurate information, the information that Meditravel.com.au supplies to you about requirements and suppliers is being provided on an “as is” basis, and you acknowledge that you will use the information at your risk.

Destiny Meditravel will not be liable to you or to anyone else for any damages connected to the information that Meditravel.com.au supplies, whether the damages are direct, indirect, incidental, special or consequential. Destiny Meditravel is not giving you any warranties or guarantees of any kind about the information that it supplies.

If a dispute arises between you and a supplier or consumer, you will release Destiny Meditravel from any claims or demands and damages connected in any way to the dispute. However, we will endeavor to liaise between the parties to arrive at a satisfactory resolution.

Any claim that you bring against Destiny Meditravel that arises out of a service provided to you will be settled by binding arbitration in accordance with the commercial arbitration rules of the Australian Arbitration Association. Any such dispute or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Southport, Queensland, Australia, and any court of competent jurisdiction may enter a judgment on the arbitration award.

LIABILITY

To the extent permitted by law, Destiny Meditravel excludes all liability for any loss or damage whatsoever and howsoever arising (including but not limited to physical and psychological injury and loss or damage to property of whatever nature) that may arise in any way in connection with the offer or supply of goods or services by or through DMT or any third party service provider or in connection with the supply of such goods or services. Trade Practices Act 1974

If the Trade Practices Act 1974 (Cth) or any similar law implies a condition or warranty that cannot be excluded, the liability of Destiny Meditravel for a breach of the condition or warranty will be limited as determined by Destiny Meditravel in its absolute discretion to (a) in the case of goods, any one or more of the following (i) the replacement of the goods or the supply of the equivalent goods or (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods and (b) in the case of services (i) supplying the service again or (ii) the payment of the cost of having the services supplied again.
Release

You agree to release, defend and hold harmless DMT and its officers and employees and agents from all such liability and indemnify each of them severally against any such claims that may be made by or through you related to your breach of this Agreement or use of this website in any manner.

The company is not responsible and liable in any form if:

  • You have not read all terms and conditions, services and details mentioned in the website and any correspondence between us or third party suppliers
  • You have provided us incorrect/incomplete information or information with any errors and omissions/mistakes/negligence in your correspondence.
  • You failed to follow a word of caution or instructions of the company mentioned on our website or our correspondence with you.
  • You don’t follow schedules designed by the corporation.
  • Natural calamity and situation beyond our control occur.
  • Destiny Meditravel works only as coordinator between Patient and Doctors / Patient and hospitals / Patient and diagnostic centers / Patient and hotels.

This company does not own any Hospital, Diagnostic centers or any medical related treating facilities, and all the medical services provided by the mentioned hospital is wholly their part of business. Hence, we cannot be held responsible or liable for any failure, default, delay or any improper service, and the company will also not be responsible for any accident, discomfort, death, loss or any damage of any kind to the patient.

Hospital / treating institute / Diagnostic Center & doctors will be wholly responsible for any negligence, wrong diagnosis, and error of any sort, default, delay or any improper service.

The information provided on our websites is of general information of medicine & medical treatment for those to know the facilities and procedures of treatment in Phuket. We do not guaranty for this to be accurate & complete. We are not responsible for any action resulting from this information.

The information on this website should not be taken as medical advice or recommendation. Only direct consultation with your Physician or Surgeon on your side can determine your health problem and the best treatment you require. All doctors on our website are board certified & highly qualified and well-known surgeons or medical consultants in health scenario, having their well equipped clinic or attached to one or two super specialty hospitals in the city.Though utmost care is taken while treating the patients, for an unforeseen reason, unfortunately, any wrong is done, it would be our request to our clients to understand the ground situation before coming to any conclusions.

Note: The company can add, delete, and modify any of the services mentioned on the website on its discretion without prior notice to anyone.

One of the important activities in group tours is shopping. All tourists are at this moment made aware that, Destiny Meditravel neither recommends nor promote any particular shop or vendor for buying purpose. We understand that the guests are wise enough to decide themselves what to buy and where to buy. However, Destiny Meditravel does not take any responsibility or liability in case of any misguiding by the shop owner.

Please Note: Separate pre-treatment group tour to Phuket and other places in the part of Phuket can be arranged. The expenses for this will be different and are not included in our Destiny Meditravel tour packages

Destiny Meditravel has access to Physicians & Surgeons may be organized at short notice. Post-operative treatment of our client is our priority; we provide tailor made packages for our customers and offer completely personalized approach while ensuring their personal safety, privacy and their medical problems are kept confidential.

Please Note The cost for following services like Hospital, Operations, Diagnostic, MRI & CT Scan, Doctor’s consultations, Medicines & other health related facilities. The cost of these establishments will be paid by the client directly at the hospital, and these expenses do not include in our services packages.

NO REPRESENTATION

Except for any condition or warranty implied by law which cannot be excluded, DMT makes no statement, representation or warranty that any goods or services supplied by third parties will be fit for your required purpose or supplied by them with reasonable care and skill or as to the safety, conditions, standards or other issues that may exist at any destination or service provider.
Events outside the control of DMT (Force Majeure).
Destiny Meditravel also does not accept any liability whatsoever for any injury, damage loss, delay, additional expense or inconvenience caused directly or indirectly by any events which are beyond its control including but not limited to war, civil disturbance, terrorist attack, fire, flood, acts of God, acts of Government or of any other authorities, accident to or failure of machinery or equipment or industrial action.
Your acknowledgment of risk

You acknowledge that any medical advice, procedure or another service that you ask Meditravel to book on your behalf carries risk. For example, the advice may be incorrect; the procedure may not be successful or may cause injury or have side effects. You further acknowledge that standard of medical information, procedures and generally care outside Australia may be different to Australian standards and in some cases, they may be lower.

TERMINATION
Destiny Meditravel may terminate your right to access and use this website at any time without reason or prior warning. Termination does not affect any term of this Agreement or the right to any remedy available to DMT as a result of any failure to comply with the Agreement.

EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of https://phuket.surgery. https://phuket.surgeryexpressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then https://phuket.surgery will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. https://phuket.surgery reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

https://phuket.surgery expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only, and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or another form of electronic retrieval system.

WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and https://phuket.surgery concerning your use and access to https://phuket.surgery’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included in any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

JURISDICTION

This agreement and this website are subject to the laws of South Australia and Australia. If there is a dispute between you and https://phuket.surgery that results in litigation, then you must submit to the jurisdiction of the courts of South Australia.

Last updated 5th March 2016