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Contract between Capital Medica S.A. de CV and the Patient.

TRAVEL FOR CARE is the commercial brand name of Capital Medica S.A. de C.V. (“Capital Medica”) a company which will provide the services mentioned herein and with which you will be signing this contract.

TERMS & CONDITIONS

I. Capital Medica’s Web Site and Client Information

Capital Medica S.A. de C.V. (“Capital Medica”) does not provide medical advice, in any way and through any means, be it its website, brochures, advertisements, and any written and/or oral communication.

The contents of Capital Medica’s Web Site (“Site”), such as text, graphics, images, information obtained from Capital Medica’s suppliers, and other material contained on Capital Medica Web Site are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Capital Medica Web Site.

Reliance on any information provided by Capital Medica, Capital Medica’s employees, others appearing on the Site at the invitation of Capital Medica, or other visitors to the Site is solely at your own risk.

The Site may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

By continuing to browse the site, making a booking with Capital Medica and/or by executing these terms and conditions, you indicate that you have read, understood and agree to be bound by these terms and conditions, and that you understand and intend that your agreement to these terms and conditions be the legal equivalent of a signed, written contract between you and Capital Medica, and equally binding.

You agree that by providing Capital Medica SA de CV with information, including your name, email address, phone numbers, other contact information, or any other information relevant to your inquiry, you are disclosing this information for Capital Medica SA de CV to use it in addressing your inquiries and store this information. You understand that Capital Medica SA de CV will do its best to make good use of it and keep it private and confidential, but it cannot be liable for use or misuse of this information by other parties. Furthermore, you agree to opt into our database of prospective clients which receive email or written communication from time to time. You have the right to opt out of it by letting us know or using the "unsubscribe" links in those emails.

You are prohibited from using, downloading, republishing, selling, duplicating, or "scraping" for commercial or any other purpose whatsoever, the site or any of the data listings or other information contained therein, in whole or in part, in any medium whatsoever.

2. Providers’ Information

Capital Medica’s Web Site and any materials that Capital Medica may provide to you, whether orally or in writing, such as brochures or other marketing or informational materials, invoices and itineraries (collectively, the "Materials"), contain information about travel locations, airfares, travel agents locations, flight times and dates, tours, packages, insurance, hospital care, cruises, transportation, foreign currency, schedules, travel companies and more.

Capital Medica works together with independent third parties over which Capital Medica has no control. These include airlines, hotels, travel agencies, and transportation providers (each a "Service Provider"), and various hospitals, doctors, dentists, and clinics (each a "Medical Services Provider"). The information and description given in the Capital Medica Web Site or other Materials about the Service Providers and the Medical Services Providers and their products and services are based on our inquiries and are believed to be accurate, up-to-date, and that it does not infringe the rights of others, but Capital Medica cannot guarantee in respect thereof. Additionally, Capital Medica accepts no responsibility for information supplied by third parties and recommends you confirm all information contained in the Materials with the corresponding Services Providers and Medical Services Providers.

We are providing the Site and Materials and their respective contents on an "as is" basis. We make no representations or warranties of any kind with respect to the Materials and the Site, their respective contents, or any of the products or services supplied through the Materials and the Site. To the maximum extent permitted by law, we disclaim all implied representations and warranties including, without limitation, implied warranties that the products and services offered and supplied through the Materials and the Site will be of merchantable quality, fit for any purpose, or will comply with any descriptions in the Materials and the Site.

The details of the prices, packages, tours, flights and other information displayed on the Site and provided in the Materials are subject to change without notice and are subject to availability.

3. Prices

All prices provided on the Site or in brochures and associated Materials are subject to change without notice. This is because airlines, hotels, Medical Service Providers, and any other Service Providers may change their prices at any time.

Special conditions may apply to the prices set out in the Materials and on the Site. To determine such conditions, you must contact Capital Medica or the relevant Service Provider or Medical Services Provider.

The prices set out in the Materials and on the Site may not include taxes or airport charges. Taxes, airport charges and any additional costs will be advised to you once you have made a booking with Capital Medica and we have confirmed the booking.

4. Services Provided by Independent Service Providers

Many of the services that make up your travel booking are provided by independent suppliers. In addition, the medical services provided by the Medical Services Provider are the sole responsibility of that same provider. Those suppliers and Medical Services Providers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the suppliers or the Medical Services Provider's liability to you. In particular, some of these terms and conditions may limit or exclude liability for death, personal injury or medical malpractice. Your booking is made subject to, and constitutes your acceptance of, these Terms and Conditions.

It should be noted that all documents issued to you are non-transferable. Such documents may include but are not limited to, airline tickets, hotel vouchers, tour vouchers, or any other document used to confirm an arrangement with a Service Provider or the Medical Services Provider. Such documents may also be subject to conditions such as, but not limited to, being non-refundable, non-date-changeable and subject to cancellation or amendment fees. It is your responsibility to familiarize yourself with these conditions. In addition, at times exact cancellation fees may not be known until after cancellation, due to the booking systems, policies and processes of the relevant Service Providers. You agree that Capital Medica is not responsible for the quantum or certainty of cancellation fees.

5. Passports and Visas

You are responsible for obtaining all passport, visa and health information required. Capital Medica uses the web site of the US Department of State: (http://travel.state.gov/passport/passport_1738.html) as a source of correct and up to date information on applying for a US Passport. Although US citizens do not need a visa to enter Mexico for limited stays, we have found the web site of the Mexican Embassy to the United States: (http://portal.sre.gob.mx/usa/index.php?option=displaypage&Itemid=111&op=page&SubMenu) to be a source for correct and up to date information and advice on visa requirements and application procedures.

6. Compensation and Fees

All monies received by Capital Medica from you in respect of services, either medical or travel, are received by us as the agent only of any of the Service Providers. For monies received by Capital Medica from you in respect of deposits or concierge fees related to the services provided by the Medical Services Provider, we do not act as the Medical Services Provider and those fees are non-refundable. If for any reason, any Service Provider or the Medical Services Provider is unable to provide the services for which you have contracted, your remedy lies against that Service Provider or the Medical Services Provider, as applicable, and not against Capital Medica. In the event we received payment by credit card, you agree that you will not seek to chargeback or recover your payment or any other losses from Capital Medica. Further, you agree that, for the purposes of any applicable credit card scheme rules, by completing your booking and remitting payment to each relevant Service Provider, Capital Medica has discharged in full our responsibilities to you. By accepting these Terms and Conditions you hereby waive the right to seek any chargeback against Capital Medica with respect to any such payment and you agree that these Terms and Conditions may be used by Capital Medica to resist any chargeback you seek to make against Capital Medica.

7. Limitation on Liability for Medical Tourism Services


To the fullest extent permissible pursuant to applicable law, we assume no responsibility nor do we grant any warranties, express or implied, relating to the operation, safety, condition or service of the medical services provider or any physician or other person associated with the medical services provider that is used by, for or on behalf of you. Capital Medica is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of the medical services provider or any physician or other person associated with the medical services provider or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

We have a preferred partner arrangement with the medical services provider to arrange travel and related products and services for its potential and current patients to allow them to travel to the Medical Services Provider. We are not a medical referral service and we do not endorse, recommend, or approve the Medical Services Provider. We are not medical professionals and will not discuss or advise any issues relating to medical treatment. We facilitate contact with the medical services provider and pass on the information provided by the medical services provider to you. We do not, however, recommend any preferred or specific doctors of the Medical Services Provider for your desired medical treatment. We encourage and advise you to discuss all medical issues with your medical doctor at home before making a decision on medical treatment abroad.

You agree to assume all responsibility in connection with choosing the Medical Services Provider or any doctor for your desired procedure. We assume no responsibility or liability for any treatment or other services rendered by the Medical Services Provider, any doctor, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.

You acknowledge that any medical advice, procedure or other service that the medical services provider may provide carries risk. Accordingly, you specifically represent and warrant to us that (a) you have obtained or been advised by us to obtain independent medical advice from an appropriately qualified medical practitioner in relation to any medical services that you may book with the medical services provider, (b) we have not given you any advice or expressed any opinion that a reasonable person would consider as being an advice or opinion of a medical nature (including with respect to any risks, side effects or otherwise), (c) though we may have provided information regarding the availability of medical services, we take no responsibility whatsoever and exclude all liability for the actual medical services provided and (d) you accept and are solely responsible for these risks and will not hold us or our affiliates and our and their directors, officers, members, employees, agents, representatives, attorneys, predecessors, successors or assigns responsible in any way as you use those services solely at your own risk.

You acknowledge that you may not be able to obtain travel insurance to cover part or all of your travel to receive medical services from the Medical Services Provider or otherwise. You also acknowledge that the availability of insurance will be determined by each relevant insurer in its sole discretion based on your specific circumstances. Insurance coverage may not be available for travel for medical purposes and/or any pre-existing conditions for which you or your traveling companion(s) are traveling, or such purposes or conditions may result in limited coverage or additional premiums. You agree that the Materials which we provide you in relation to insurance are for information purposes only. You must not rely on this information, and must make your own inquiries directly with insurers in order to determine whether, and to what extent, you will be covered. You agree that even if Capital Medica may assist you with purchasing insurance products and may even receive your payment for these products, it is done solely in the name of the insurer in question and by no means is Capital Medica accountable or liable for these products, and/or any compensation arising from damages covered by these insurance policies.

You agree that under no circumstances will Capital Medica or any of our affiliates and our and their directors, officers, members, employees, agents, representatives, attorneys, predecessors, successors or assigns, be liable for any indirect, incidental, special, punitive, exemplary or consequential damages (including, but not limited to, lost profits and damages that result from inconvenience, delay, loss of use, or physical or psychological injury) related to or arising out of use of the Materials and Site provided by us, of the arrangements made based on information related to or obtained from the Materials and Site, or products or services related to or obtained from the Materials and Site, even if we or they have been advised of the possibility of such damages.

8. Indemnity

You agree to defend, indemnify, and hold Capital Medica and our affiliates, and our and their respective directors, officers, members, employees, agents, representatives, attorneys, successors and assigns, harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) your use of the materials provided by us, or services obtained from the materials, (ii) any arrangements you make based on information obtained from the materials (iii) your use of the site, any website materials, or services obtained on or through the site, (iv) any arrangements you make based on information obtained on or through the site or (v) any breach by you of our terms and conditions.

9. Links to Other Sites

This Site contains links to other websites for the convenience of our users. These other websites, including that of the Medical Services Provider, are maintained by third parties over whom we exercise no control. Accordingly, we expressly disclaim any responsibility for the content of these other websites and for the availability, accuracy, reliability, completeness, currency, quality, performance, or suitability of the information, products and services available or advertised on or through these other websites.

10. Governing Law

This agreement shall be deemed to be made under, and in all respects shall be interpreted, construed and governed by and in accordance with, the laws of the state of Nuevo Leon, Mexico without regard to any conflict of law principles that would cause the laws of any other jurisdiction to apply.

Each party hereby irrevocably submits to the jurisdiction of the courts of the City of Monterrey, Nuevo Leon, Mexico and hereby waive, and agree not to assert, as a defense in any such action, suit or proceeding for the interpretation or enforcement hereof, that it is not subject thereto or that such action, suit or proceeding may not be brought or is not maintainable in said courts or that the venue thereof may not be appropriate or that these Terms and Conditions or any such document may not be enforced in or by such courts, and the parties hereto irrevocably agree that all claims with respect to such action or proceeding shall be heard and determined in such a Monterrey court. The parties hereby consent to and grant any such court jurisdiction over the person of such parties and over the such subject matter and agree that mailing of process or other papers in connection with any such action or proceeding in such other manner as may be permitted by law shall be valid and sufficient service thereof.

 

By clicking on 'I Agree’ below you acknowledge that you have read and understood the Terms and Conditions above and agree to be bound by them. You also understand that doing so, you are signing this contract electronically.

Signed,

 
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