TERMS and CONDITIONS of USE
Last updated: 20 May 2019
THESE TERMS AND CONDITIONS APPLY BETWEEN YOU, THE USER OF WEBSITE, AND MEDENTUR LTD, THE OWNER AND OPERATOR OF THIS WEBSITE.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OPERATED BY MEDENTUR LTD, AS THEY AFFECT YOUR LEGAL RIGHTS.
YOUR AGREEMENT TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS IS DEEMED TO OCCUR UPON YOUR FIRST USE OF THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD STOP USING THE WEBSITE IMMEDIATELY.
YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE CONTENT IS PROVIDED SOLELY FOR YOUR INFORMATION. THE CONTENT DOES NOT PROVIDE YOU WITH ANY ADVICE OR RECOMMENDATION OF ANY NATURE AND MUST NEVER BE USED AS A SUBSTITUTE FOR ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONALS.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS WEBSITE. BY USING THE WEBSITE AND AGREEING TO THESE TERMS AND CONDITIONS, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
a. “You, your, User or Users” means any third party that accesses the Website and is not either (i) employed by Medentur LTD and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Medentur LTD and accessing the Website in connection with the provision of such services.
b. “You, your, User or Users” means any person who uses this Website, including those who book an appointment with a Healthcare Provider through this Website.
c. “Healthcare Provider” means a hospital, private clinic, surgeon, doctor or any other medical professional providing your consultation, examination, medical procedure and care and aftercare.
d. “Treatment” means the medical treatment that will be performed in the chosen healthcare provider.
e. “Treatment Package” means The treatment package which can include treatment, accommodation, airport transfers, depending on the person’s choice.
f. “Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users.
g. “Medentur, we, our, us” means Medentur LTD, a company is incorporated and registered in England and Wales with registered number 11956304 whose registered address is 2nd Floor, College House, 17 King Edwards Road, Ruislip, LONDON, UNITED KINGDOM, HA4 7AE.
h. “Website” means website located at provided by Medentur.
2.3. A person includes a natural person, corporate or unincorporated body
(whether or not having separate legal personality).
2.4. Unless the context otherwise requires, words in the singular shall include
the plural and in the plural shall include the singular.
2.5. Unless the context otherwise requires, a reference to one gender shall
include a reference to the other genders.
2.6. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
3. Scope of Services
3.1. Medentur is a service platform that allows users who want to get treatment in Turkey to search hospitals clinics or by other healthcare providers. The Platform contains information on medical treatments offered, which allow users to identify healthcare providers that offer the desired medical services. At Your request and on the basis of information submitted by You we contact healthcare providers, which we have previously researched and selected, in order to provide You with information on such hospitals, clinics and healthcare providers and on possibilities and costs involved for medical service as requested by You.
3.2. We do not provide any medical service and assume no warranty for the accuracy of information provided either by You or by the healthcare providers, but merely transfer information from You to the healthcare provider and vice-versa.
3.3. Medentur provides pre-op consultation to users and at certain times post-op consultation to users who get operated through this Website for free of charge.
3.4. We provide You with all the necessary information regarding your treatment package prior to your journey; such as:
· The name and contact details of the Healthcare Provider
· The name and contact details of the hotel (if it is included in your medical package)
· The name and contact details of the driver (If it is included in your medical package)
· Date, time and the locations of the transfers (If it is included in your medical package)
. Date and time of the treatment
. Cost of the treatment package
. Visa and passport requirements
3.5. Our service is free of charge to You as we are remunerated by the healthcare providers whom we cooperate with.
4.1. We are not a medical referral service. We do not endorse, recommend, or approve any healthcare provider or any third party service provider of any nature. We provide You with information so that You can begin to conduct your own research into whether or not medical tourism is appropriate for you. We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the Website, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the Website, or regarding the timeliness, accuracy or usefulness of information obtained from or through the Website. The Website and all content contained, distributed, sold or published via the Website are provided to You "As Is, Where Is", without any warranty of any kind, express or implied.
4.2. We do not provide medical advice of any nature. Please consult with your health care professional before using the services of our Website. You must conduct sufficient personal research on your own so that You can make your own knowing and intelligent decision regarding whether or not You should travel abroad to receive healthcare. It is important that as part of your decision-making process that You consult with your own physician or other licensed health care provider so that You may be fully informed about all the necessary facts and information required in order to make your decision.
4.3. We do not operate or control any healthcare service facility or service provided by them. By accepting these terms and conditions You agree not to hold us responsible for any malpractice or complications caused by your healthcare provider. The forms at the treatment centre constitute a contractual relationship between You and the Healthcare Provider. We do not hold medical qualifications and shall not be held responsible or liable for any medical procedures provided through your chosen Healthcare Provider. We shall not be held responsible or liable for any care, treatment or other services You are provided by the healthcare provider, or for any malpractice claims that may arise directly or indirectly from their advice. Similarly, we shall not take any responsibility or liability for the complications and dissatisfaction arising from the Healthcare Provider’s treatments. It is the sole responsibility of the Healthcare providers to be eligible and capable of providing the appropriate medical advice, treatment, assistance or procedure. We strongly recommend that You read the Healthcare Provider’s terms and conditions and consent forms carefully prior to proceeding with your treatments. Therefore please never hesitate to ask your surgeon all You want to know before undergoing a surgical treatment.
4.4. Third-party services such as hotels and transfers are provided by healthcare providers or clinics, therefore, We are not responsible for any third-party services.
5. Conditions of Use, User Responsibilities
5.1. You must be at least 18 years of age to use this Website.
5.2. By accepting these terms and conditions, You agree to share (i) any information about your medical condition and (ii) your personal contact details in order for Medentur or Providers to be able to assist You with the medical travel facilitation services.
5.3. You are responsible for making accurate and complete statements when submitting information to Us or to a healthcare provider through our services.
5.4. You are responsible for preparing your travel documents such as passport and visa for your treatment journey. We are not responsible for arranging your travel to Turkey for your treatment.
5.5. Your treatment package will be determined on the basis of your pictures and test results, however, it is subject to change whilst your physical examination with your healthcare provider.
5.6. You are liable for any fees or costs or other liabilities that You incur with Healthcare Providers. If, after You have booked an appointment with the Healthcare Provider and, for whatever reason, You fail to turn up to the appointment and/or You cancel the appointment, then You may be liable to any charges that the Health Specialist may impose. We encourage You to read all the terms and conditions of the relevant Healthcare Provider provision of services prior to booking.
6. Intellectual Property and Acceptable Use
6.1. All Content included on the Website, unless uploaded by Users, is the property of Medentur LTD, our affiliates or other relevant third parties. By continuing to use the Website You acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission
6.2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
6.3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Medentur LTD.
7. Prohibited Use
You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
8. Links to Other Websites
8.1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Medentur LTD or that of our affiliates.
8.2. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
8.3. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
10. Availability of the Website and Content Disclaimers
10.1. Please note that the Content on the Website is provided solely for your information and You use the Website at your own risk. The Content does not provide You with any advice or recommendation of any kind and must never be used as a substitute for, nor does it replace, professional medical advice, diagnosis, assistance or treatment or procedure. Nothing stated or posted on the Website is intended to be and must not be taken to be the practice of medicine or other professional healthcare advice or the provision of medical care. Do not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider based on what You have read on the Website.
10.2. Any online facilities, tools, services or information that Medentur LTD makes available through the Website (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Medentur LTD is under no obligation to update information on the Website.
10.3. Whilst Medentur LTD uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
10.4. Medentur LTD accepts no liability for any disruption or unavailability of the Website.
10.5. Medentur LTD reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
11.Limitation of Liability
11.1. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
11.2. We will not be liable to You in respect of any losses arising out of events beyond our reasonable control.
11.3. To the maximum extent permitted by law, Medentur LTD accepts no liability for any of the following:
a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
b. loss or corruption of any data, database or software;
c. any special, indirect or consequential loss or damage.
12.1. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
12.2. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication Users should check the terms and conditions regularly to ensure familiarity with the then current version.
12.4. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
12.5. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
12.6. These Terms are the only terms, which apply. General contractual clauses which deviate from these, shall not be accepted by us; communication with You or the provision of services by Us shall not be deemed implied acceptance of any deviating general contractual clauses.
12.7. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
12.8. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
13. Medentur LTD details
Medentur LTD is a company incorporated in England and Wales with registered number 11956304 whose registered address is 2nd Floor, College House, 17 King Edwards Road, Ruislip, LONDON, UNITED KINGDOM, HA4 7AE and it operates the Website www.medentur.co.uk.
You can contact Medentur LTD by email on firstname.lastname@example.org.