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Please read these terms and conditions carefully before accessing or using the services of this website.
This Terms and Conditions of Use Agreement (hereinafter referred to as �Agreement�) describe the terms and conditions applicable to your use of MedicalIndiaTourism, which is identified by the Uniform Resource Locator http://www.medicalindiatourism.com and/or http://www.indiaprofile.com (hereinafter referred to as �this Website� or �the Website�). This agreement has been entered into between you as the user of this Website (hereinafter referred to as �User� or �Patient� as the context may require) and Indian Holiday Private Limited (�IHPL�).
RECITALS
1. IHPL is a well-known Company engaged in the business of running a Web Based Health Care Information Centre and is the referral agent of Apollo Group and other hospitals listed on the Website (collectively referred to as �Scheduled Hospitals�) thus referring the inbound tourists interested/willing/desirous of getting economical medical treatment in India for the ailments suffered by them, besides providing web based information duly certified by the Specialists/Doctors from the Scheduled Hospitals to the patients, as per their queries related to ailments suffered by them.
2. IHPL besides being engaged in the above said activity is also in the business of providing services in the fields of ticketing, tour operations, good quality hotel accommodations as well as conveyance to the inbound tourists/foreign visitors.
3. The Patient who is visiting India is desirous of receiving medical treatment during his/her stay in India and for the said purposes, intends to avail the services rendered by IHPL upon terms and conditions stipulated herein below.
4. This Agreement envisages in IHPL answering the web based medical queries raised by the Patient/User and referring such patients intending to get medical treatment at the Scheduled Hospital(s) in India.
NOW THEREFORE, THIS AGREMENT WITNESSETH AS UNDER:
1.By accessing or using the services of this Website, the User signifies his acceptance and acknowledgment to the terms and conditions set forth below as well as the terms and conditions amended by this Website from time to time, including expressly, but not limited to, those available by Hyperlink and general principles for the websites of its subsidiaries and affiliates. The User also agrees to the Disclaimer and Privacy Policy of this Website. In addition, the User also agrees to the IHPL IHPL Terms & Conditions of Booking Cancellation Policy. The User are advised not to use the services of this Website if they do not agree to these terms and conditions.
2.This Website reserves the right to revise/modify these terms and conditions at any point of time without notice or reason, by updating this page, and the User�s use of this Website after any such revision/modification, signifies User�s acceptance to the revised/modified terms and conditions. Therefore the User is advised to check these terms and conditions periodically for any change(s). These terms and conditions were last updated on August 31st 2009.
3.The User agrees not to use services of this Website, if he is not able to form legally binding contracts, is less than 18 years of age or is temporarily or indefinitely suspended from this Website.
4.The User is solely responsible for any activity that occurs under his screen name or by use of his e � mail account. The User hereby warrants that all information submitted by the User is true, current and complete. If information submitted by the User is found to be false, deceptive, incomplete or concealed deliberately, this Website reserves the right at its sole discretion to discontinue the service and/or terminate this Agreement immediately.
5.The User agrees to use the services provided by this Website, its affiliates, consultants and contracted companies, for lawful purposes only. The User agrees not to violate any laws, third party rights or our policies. International users agree to comply with all local laws regarding online conduct.
6.This Website reserves the right to refuse service to anyone for any reason at any time.
7.Patient Referral and Payment Procedure
(a) IHPL shall assimilate details of the medical history/health details of the patients to be referred for treatment to the said Hospital(s) supported by a report authenticated by the patient's Doctor.
(b) This report/details shall be forwarded by the patient to IHPL at least 10 days prior to his/her arrival in India so that the same can be forwarded to the Hospital so as to enable the hospital to ensure verification of the same by the Doctor in charge of treating the patient and send its observations/comments, if any, to the patient/IHPL within 3 working days of receipt of the report along with the cost estimate for the treatment required by the patient.
(c) The receiving of reports/medical history/health details from the patient in advance is a condition precedent in the cases where the patient has already planned to receive treatment in India, but in Ambulatory cases this is not a condition precedent.
(d) The patient will pay the entire cost of treatment in advance to the Hospital against receipt of the same issued by the Hospital, before the start of the treatment or as and when asked by the Hospital Authorities to deposit. Payment of treatment cost is a matter exclusively between the Patient and the Hospital and this Website is not involved in the matter and hence disclaims any liability arising out of the payment of treatment cost.
(e) In all cases, the patient will bear the costs of pre-treatment initial tests, which are mandatory to be carried out before the start of actual treatment, besides the cost of actual treatment.
(f) The patient will be liable to pay the escalated costs (if any) i. e. the difference in the estimated cost and the actual cost of treatment as applicable at the time of undergoing the said treatment.
(g) Further the patient shall pay for the extra-treatment, cross-referrals as desired by him or if so advised by the Doctor in Charge of the specific patient, whose decision shall be final and binding upon the patient.
8.Mandates and Obligations of IHPL
(a) IHPL shall receive the query regarding ailment suffered by the patient desirous of receiving treatment in India and forward the same to the Specialist Doctor at Apollo hospital for his comments/suggestion coupled with his certificate of authenticity and revert back the same to the patient within 72 hours of the receipt of the said query.
(b) The IHPL shall assimilate from the patient his/her complete medical history/reports/health records coupled with the authentication by the Patient's Doctor preparing the said medical history/report, at least 8 working days prior to the date of arrival of the patient in India, and shall revert to the patient explaining him/her the type of treatment that shall be extended by the said Hospital(s) along with the terms and tariff normally charged by the said Hospital(s) from time to time.
(c) Before admission of the patient to said Hospital(s), the Scheduled Hospital(s) may ask for the commitment letter duly signed by the patient favoring the Scheduled Hospital(s), confirming that in the event of cross referral or additional diagnostic or treatment facility availed by the patient, the patient will pay the said Hospital(s) the expenses thereof before leaving the said Hospital in India. This matter is again an activity between the Patient and the Scheduled Hospital(s) and the this Website or IHPL has no role to play and hence expressly disclaim any liability.
(d) In case the treatment extended to the patient is likely to go beyond the stipulated period of his stay in India, whereby making it necessary to get the extension of visa by the patient, in that event all the initial formalities i.e. filing of application as well as other relevant tasks ancillary to that shall be solely done by and shall be the responsibility of patient. However, IHPL will assist the patient or his/her accompaniments in following the procedures and contacting the concerned Authorities, the costs of which shall be borne by the patient. The patient will pay to IHPL the amount of service charge on account of assistance and other related service rendered.
(e) IHPL shall arrange for the desired quality hotel accommodations, conveyance and other facilities for the patient and his/her accompaniments subject to payment made by the patient or his/her accompaniments against the invoices so raised by IHPL for such services rendered from time to time.
(f) IHPL shall refer the patients to the nearest Scheduled Hospital within India, in which state the patient is staying in India during his/her visit.
(g) IHPL shall not entertain those queries where the patient coming under Insurance plan.
9.Obligations and Averments of the Patient.
(a) The Patient shall forward to IHPL his/her reports/medical history papers/complete health details coupled with the certificate of authentication of Doctor preparing/issuing such report/papers, 10 days prior to his/her visit to India.
(b) Upon admission and Before the procedure in the Hospitals in India, the patient shall sign the commitment letter favoring the Scheduled Hospital(s), confirming that in the event of cross referral or additional diagnostic or treatment facility availed by the patient, the patient will pay the said Hospital(s) the expenses thereof before leaving the said Hospital in India. This time again this Website or IHPL shall have no role to plat and the matter is between the Patient and the Scheduled Hospital.
(c) The Patient shall pay the complete estimated cost of treatment in advance to the said Hospital(s) and undertakes further to pay the difference between the estimated cost and actual cost of treatment to the said Hospital(s), if the situation so warrants against the invoice/bill raised by the Hospital.
(d)The Patient undertakes to clear all the pending bills towards cost of treatment carried out in India at the time of discharge from the Hospital.
(e) In the event of patient, after commencement of treatment declining to continue or have the treatment for any reason not due to any fault of the said Hospital(s), the advance payment made by the patient to the hospital for such treatment shall be returned only after adjusting actual expenditure incurred up to the time of stopping the treatment.
(f) The Patient undertakes that he/she and their accompaniment shall abide by all rules and regulations of the said Hospital(s) and also do not infringe any laws of India during the period of treatment.
(g) In the event of the patient availing services from IHPL related to tour management and arranging for the facilities with regard to hotel bookings, stay, conveyance. Ticketing and any other related facilities/services, the patient shall pay an advance amount of 50% of the total cost to IHPL at the time of booking and remaining 50% at the time of his/her arrival in India against the invoice raised by IHPL towards such services rendered.
10.Charges to IHPL
(a) IHPL shall be entitled to receive from the patient charges related towards the tour management and other facilities relating to hotel bookings, stay, and conveyance. Ticketing and any other related facilities/services.
(b) IHPL is also entitled to receive service charges on account of rendering assistance to the patient or his/her accompaniment in getting extension of visa in the event of extended stay on account of receiving medical treatment.
11.Exclusion of Liability
(a) IHPL or the said Hospital(s) shall not be liable for death of patient despite proper treatment.
(b) Improper response to the treatment by the patient, which would entail sending him back to their hometown.
(c) IHPL or the said Hospital(s) shall not be liable for any complication that may arise during treatment resulting in death, permanent/temporary disablement of the patient for which proper care was taken by the said Hospital(s) Doctors in the normal course.
(d) IHPL shall not be bound by any act or omission, which is done beyond the scope of this Agreement by the Patient or his/her accompaniment.
12.Termination
(a) This Agreement shall be terminated at after 30 days of the date the patient has entered into the Agreement. However, in case of a breach of the terms of this Agreement or any violation of prevailing laws by the Patient would automatically entitle the Website/IHPL to terminate the Agreement instantly, without any notice.
13.Relationship/Status
The relationship/status that IHPL and Patient share with each other is only that of referring the patient to the Scheduled Hospital(s) along with their queries, medical history/records/complete health record of the said patient(s) who are desirous of getting treated in India and except this there is no other relation between the parties except the one intended within the parameters of this agreement.
14.Governing Law & Jurisdiction.
The provisions of this Agreement shall be governed by and construed in accordance with Indian law. The rights and obligations of the Parties under, or any and all disputes arising out of this Agreement, shall be subject to the exclusive jurisdiction of the courts located at the city of New Delhi, India. The User/Patient gives consent to the exclusive jurisdiction of New Delhi, India.
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