Agreement for Health Care Facilitation Services

Content means information, text, graphics, software and advertisements provided by MMC and its affiliates and by third parties, on its website or any other printed material. "Fee" has the meaning set out in clause 6. "Governing Courts" means the courts of New South Wales and the courts of appeal from them. "Governing Law" means the laws applicable in the State of New South Wales. Health Care Facilitation Services means collecting information on Clients needs and medical history as provided by the Client, communicating Clients information to the doctors and hospitals in MMCs network, getting treatment options and quotations from the doctors and hospitals in MMCs network, discussing treatment options with the Client, scheduling and confirming the appointments with the selected specialty clinic/ hospital for the Client. Health Care Facilitator is the one who provides Health Care Facilitation Services as described above. MMC is acting as the Health Care Facilitator. MMCs Network means the service providers with whom MMC has entered into an agreement to market their capabilities in Australia. "Schedule" means the schedule attached to and forming part of this Agreement.

MyMedicalChoices (MMC) requires all users of its website and services to read this Agreement carefully because by:

	Entering this website.
	Accessing this website.
	Viewing material on this website.
	Using the links on this website.
	Sending MMC your query or request for quote, you expressly agree to be bound by this Agreement.
	You expressly agree to be bound by this Agreement.

We may change the Agreement at our discretion and without notice. A version of the current Agreement will be available on this website as they are changed. All amendments will be become effective 30 days after the date of posting. By continuing to use our website the Client 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.

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:

In providing Health Care Facilitation Services, MMC does not provide:

	Travel agency services or goods (including but not limited to Airfares, transport, accommodation, tour and events) or
	Medical/Hospital services or goods (including but not limited to medical advice) or
	Insurance services or goods.

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

Coordination and scheduling of medical consultations and procedures will be initiated upon receiving a signed copy of this Agreement, including schedules. The Fee charged by MMC to coordinate Clients bookings is $400 including GST.

	This payment is non refundable.
	A $200 non-refundable booking deposit is required to be paid to commence medical appointments. This money is paid to MMC, and later deducted from the final payment of fees after finalising arrangements.
	Payment of fees can be made via cheque, deposit into MMC bank account or payment through credit card on our website.
	The complete fees need to be paid to secure medical consultations. After the fee is received, Clients arrangements will then be finalised, as per Clients instructions.
	Final costs for any medical procedures requested will be discussed on pre-surgery consultation between the two parties (surgeon/hospital/dentist and the client) and paid by the client directly to the surgeon/hospital/dentist. It is at the sole discretion of the client to proceed with any procedures after final costs have been provided by the surgeon/hospital/dentist. This is an agreement made solely between the Client and surgeon/hospital/dentist. Costs may vary depending on any additional, or changes in procedures that may occur whilst in India, including but not restricted to currency changes.
	MMC accepts no liability, responsibility or input between any procedures and costs incurred between the Client and surgeon/hospital/dentist. All estimated quotes provided by MMC are provided from the surgeon/hospital/dentist on the procedure requested by the client. The sole responsibility of acceptance of the procedures and final costs discussed upon Clients pre surgery consultation are solely between the Client and surgeon/hospital/dentist. For this reason procedure prices quoted can be subject to change.
	When agreeing to proceed the Agreement must be thoroughly completed, duly signed at the required places, including schedules and returned to MMC. Failure to complete and return the Agreement, MMC has the right to cancel all arrangements and services without notice or a refund.

The client is responsible for:

	Seeking independent medical advice and independent legal advice before traveling to ensure the suitability of the medical procedures and associated arrangements to their particular needs.
	Taking out travel insurance and disclose all relevant matters to Clients insurer (including the fact that the Client may be undertaking elective surgery as part of Clients travel).
	Providing accurate information which might have material impact on the treatment or medical procedure that the Client is seeking.
	Bringing (or have available) additional funds for any contingencies such as extended hospital stay due to surgery complications and any other related expenses that may arise from such a complication.
	If client commits any breach of these responsibilities, MMC will be entitled to terminate this agreement with immediate effect without providing written notice of termination to the Client.

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:

	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.
	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).

Before entering into any agreement, be sure that the Client have carefully read and are familiar with any contractual arrangement that the Client enter into. MMC is not acting as Clients general contractor, agent or lawyer with any third parties, including any hospitals or travel agents, found on, or through the MMC website or referred to the Client by MMC 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 the Client and such third parties. It is Clients responsibility to negotiate the terms of any relationship the Client enters into. The Client 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 MMC nor any of its employees has any control over the suppliers or consumer requirements listed on this web site, nor do they have any control over how or when any supply will be made. By using a link on the web site to request a supply or by lodging a requirement on this web site, the Client agree that the Client are at least 18 years of age and are not otherwise prevented from entering into a binding legal agreement. MMC assumes no responsibility whatsoever for any charges that the Client may incur when making a booking through the MMC website.

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.

The Client expressly acknowledge and agree that MMC does not exert control over users of the website and is not liable for their behavior including any information uploaded into the website that is offensive, defamatory, discriminatory, illegal or in violation of third party rights. The Client further acknowledges that MMC has no responsibility for use of listings in its website by persons engaged in mass email or spamming activities. Although MMC will not intentionally supply the Client with any inaccurate information, the information that MMC supplies to the Client about requirements and suppliers is being provided on an "as is" basis, and the Client acknowledge that the Client will use the information at Clients own risk. MMC will not be liable to the Client or to anyone else for any damages connected to the information that MMC supplies, whether the damages are direct, indirect, incidental, special or consequential. MMC is not giving the Client any warranties or guarantees of any kind about the information that it supplies. If a dispute arises between the Client and a supplier or consumer, the Client will release MMC from any claims or demands and damages connected in any way to the dispute, however we will endeavor to liaise between the parties in order to arrive at a satisfactory resolution. Any claim that the Client bring against MMC that arises out of a service provided to the Client 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 Sydney, New South Wales, Australia, and any court of competent jurisdiction may enter a judgment on the arbitration award.

This Agreement is governed by the Governing Law and each of the parties submits to the non-exclusive jurisdiction of the Governing Courts over any claim or matter arising under or in connection with this Agreement. MMC does not represent that it holds the authorisations and approvals required to provide legal advice in all jurisdictions where the material on this website may be viewed or received. The Client must ensure that access to and use of this website is in accordance with the laws of Clients jurisdiction.

MMC may terminate Clients 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 MMC as a result of any failure to comply with the Agreement.

The content, including publications and information provided on this website are for Clients information and interest only. The information is not specific to any previous particular circumstance. MMC does not intend and does not warrant or guarantee the quality, currency or accuracy of the information it provides. MMC does not warrant that the information or material on this website is entirely free from error or omissions or entirely suitable or fit for the use intended of the information on this site. Since the information is derived from a variety of sources, MMC 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 t e comprehensive, and it does not constitute and must not be relied on as medical or travel advice. The Client should seek medical, travel or other professional advice before acting or relying on any of the content on this website. No information provided by MMC on this website is intended to replace personal consultation with a qualified medical practitioner or other healthcare professional. The Client must seek specific advice tailored to Clients circumstances. The Client should ensure that the Client receive information and advice of general surgical and procedural risks and information and advice about specific risks associated with Clients procedure/s. Whilst the MMC website contains information on cosmetic surgery procedures, the information is not exhaustive and should not be accepted as the only or best practice. MMC does not advocate any specific technique or philosophy of cosmetic surgery procedure, nor does it endorse any medical procedure whatsoever.

The copyright in the Content is owned by MMC, its suppliers and/or licensors unless expressly indicated otherwise on the web site The Content is protected by Australian and international copyright and trademark laws and is supplied solely for information use. Apart from any fair dealing permitted under the Copyright Act 1968 the Client may not reproduce, modify, republish, frame, transmit or otherwise exercise any of the exclusive rights of the copyright owner in the Content without their express written permission.

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 :

	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.
	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).
	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
	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.
	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.
	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.