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Disclaimer
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This Disclaimer is an essential contractual condition of all bookings accepted by
MyMedicalChoices (MMC). All clients of MMC must read the Disclaimer before further
engaging the services of MMC. This means you.
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MMC is a Health Care Facilitator for
medical procedures overseas. Other than making
information from third parties available to the Client and introducing the Client
to third party providers of goods and services, MMC is not itself providing the
Client with any goods or services in the capacity of a principal. It is not itself
a transport, accommodation, tour, event or medical services or products provider.
As a part of providing the Health Care Facilitation Services, MMC may:
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Collect information on Clients needs and medical history as provided by the Client.
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Communicate Clients information to the doctors and hospitals in MMCs Network.
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Get treatment options and quotations from the doctors and hospitals in MMCs Network.
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Communicate treatment options with the Client as provided by the doctors and hospitals
in MMCs Network and
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Schedule and confirm the appointments with the selected specialty clinic/ hospital
for the Client.
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In providing Health Care Facilitation Services, MMC does not provide:
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Travel agency services or goods (including but not limited to Airfares, transport,
accommodation, tour and events) or
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Medical/Hospital services or goods (including but not limited to medical advice)
or
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Insurance services or goods.
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This means that MMC is not itself providing the Client with any goods or services
in the capacity of principal.
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Third parties independent of MMC provide goods and services to the Client. It is
therefore important for the Client to obtain and read the service providers terms
and conditions applicable to the goods or services they provide and make sure that
is aware of any exclusions or limitations of liability imposed by the service provider.
All or some of these may limit or exclude liability for death, personal injury,
delay and property loss or damage. Third party principals (not sub-contractors to
MMC) provide all goods and services to the Client (including tours, travel, activities,
meals, consultations, operations and procedures). MMC exercises every reasonable
care in the selection of third parties that the Client is introduced to and who
may provide goods and services to the Client in connection with the trip. It is
important to note, therefore that:
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MMC does not make any express or implied representation or warranty that any goods
or services supplied by third parties to the Client will be fit for Clients required
purpose or supplied by them with reasonable care and skill.
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All bookings for goods and services to be provided by third parties are subject
to the terms and conditions and limitations of liability as may be separately imposed
by tour operators, airlines, hospitals, clinics, hotels and other providers of goods
and services to the Client (some of which limit or exclude liability in respect
of death, personal injury, de lay and loss or damage to baggage).
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To the extent permitted by law, MMC excludes all liability for any loss or damage
whatsoever and howsoever arising (including but not limited to physical and psychological
injury or loss or damage to property of whatever nature or any loss of profits or
any loss of use or any business interruption or any indirect special, incidental
or consequential damages of any kind in connection with or arising out of the furnishing,
performance or use of the services whether alleged as a breach of contract or tortious
conduct including negligence.) that may arise in any way in connection with the
offer or supply of goods or services by or through MMC or any third party service
provider or in connection with the supply of such goods or services. MMC's liability
under this Agreement for direct, indirect, special, incidental or consequential
damages will not exceed the fee paid to MMC by the Client. The Client release MMC
and its officers and employees from all such liability and indemnify each of them
severally against any such claims that may be made by or through the Client.
MMC nor any of its officers, employees or directors are doctors, dentists or otherwise
are qualified to provide information in relation to any medical procedure. The Client
acknowledge and accept that MMC (or any of its officers, employees or directors)
has not offered any advice or expressed any opinion that a reasonable person would
consider as being an advice or opinion in relation to any medical procedure (including
with respect to any risks, side effects or otherwise).
MMC does not accept any liability of whatever nature for the acts, omissions or
default, whether negligent or otherwise, of tour operators, airlines, hospitals,
doctors, clinics, dentists, hotels and other providers of goods and services to
the Client directly or indirectly in connection with any trip organised by MMC on
Clients behalf.
Without limiting the provisions of this clause, the Client agree to be bound by
the terms of any contract between a third party provider of goods and services and
the Client (which may be evidenced in writing by the issue of a ticket, voucher,
coupon confirmation or the like).
Except for any condition or warranty implied by law which cannot be excluded, MMC
makes no statement, representation or warranty that any goods or services supplied
by third parties will be fit for Clients 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. If the Trade Practices Act
1974 (Cth) or any similar law implies a condition or warranty that cannot be excluded,
the liability of MMC for a breach of the condition or warranty will be limited as
determined by MMC 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.
MMC does not and will not accept any liability whatsoever for any injury (including
but not limited to physical and psychological injury), damage, loss, delay, added
expense, inconvenience or nuisance caused directly or indirectly to the Client by
any event or events which it cannot control including but not limited to armed conflict,
war, civil disturbance, fire, flood, earthquake, tsunami, acts of God, acts of Government
or of any other authorities both domestic and international, terrorist attack, accident
to or failure of machinery or equipment or industrial action.
By entering into this agreement, it is acknowledged by the Client that any and all
medical advice, procedure or other service that the Client engage MMC to arrange
or book for the Client involves some risk. Such risks may include incorrect medical
advice, an unsuccessful procedure or additional injury or side effects as a result
of such procedure or the administration of drugs. It is further acknowledged by
the Client that medical advice, medical procedures and medical care generally outside
Australia may be dissimilar to Australian standards and in some cases, the Australian
standards may be higher.
Without limitation to the more general provisions of this Agreement, by entering
into this Agreement the Client particularly warrant and represent to MMC that :
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The Client have received or been advised by MMC to receive independent medical advice
from a qualified medical practitioner regarding any medical services that the Client
have engaged MMC to book for the Client;
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MMC has not conveyed to the Client any advice nor given the Client any opinion that
a reasonable person would interpret as medical opinion or medical advice (including
but not limited to advice regarding risks or side effects).
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Although MMC may provide information to the Client as to availability of medical
services or booked medical procedures, products or other services for the Client,
MMC is not responsible in any way and excludes all liability for the actual medical
services and medical procedures performed and
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The Client accept these risks and the Client equally accept that the Client are
solely responsible for these risks and that the Client will not hold MMC or its
officers, employees agents or assigns responsible in any way.
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The Client acknowledge that MMC is not in any way obliged to provide or arrange
legal advice or representation of any sort relating to any legal matter which may
affect the Client during travel. The Client have received or been advised by MMC
to receive independent legal advice from a qualified legal professional to address
the related legal matters.
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It is Clients responsibility to respect the laws and customs of the country of
destination or a country visited in transit. WARNING: In some countries possession
of various drugs of dependence can be punishable by life imprisonment or even the
death penalty. Either of the above applies in Thailand for such offences.
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