Terms of Service
AGREEMENT BETWEEN CUSTOMER AND SKYMEDICUS
Welcome to the SkyMedicus.com website (the "Website"). SkyMedicus, Inc. (“SkyMedicus”) is a health information services company also offering electronic medical records management. SkyMedicus promotes transparency in healthcare pricing and unbiased health information services with an aim to offer consumers more choices on how they govern their healthcare. SkyMedicus does not refer patients to any HealthCare Provider and does not charge any Healthcare Provider to be listed on the SkyMedicus Healthcare Marketplace at (“SkyMedicus.com”).
This Website is provided solely to assist customers in gathering medical tourism information, determining the availability of medical tourism-related procedures and services, making legitimate appointments or otherwise transacting business with Medical Service Providers, and for no other purposes. The terms "we", "us", "our" and "SkyMedicus" refer to SkyMedicus, an Indiana corporation and/or our subsidiaries. The term "you" refers to the customer visiting the Website and/or booking an appointment through us on this Website, or through our customer service agents.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this Website in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully. If you do not accept all of these terms and conditions, please do not use this Website. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement.
THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE: BY ACCESSING, USING OR BROWSING THIS SITE OR ANY OF ITS TABS, PAGES, OR WINDOWS, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS TERMS AND CONDITION, AND THAT YOU UNDERSTAND AND INTEND THIS USER AGREEMENT TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN AND BINDING CONTRACT BETWEEN YOU AND SkyMedicus.
USE OF THE WEBSITE
As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this Website in accordance with this Agreement, (iv) you will only use this Website to make legitimate appointments for you or for another person for whom you are legally authorized to act, (v) and all information supplied by you on this Website is true, accurate, current and complete.· We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.
DESCRIPTION OF SERVICE
SkyMedicus, Inc. (“SkyMedicus”) is a health information services company also offering electronic medical records management. SkyMedicus promotes transparency in healthcare pricing and unbiased health information services with an aim to offer consumers more choices on how they govern their healthcare. SkyMedicus does not refer patients to any HealthCare Provider and does not charge any Healthcare Provider to be listed on the SkyMedicus Healthcare Marketplace at (“SkyMedicus.com”).
SkyMedicus assists individuals with their effort to become educated about and to identify qualified medical providers with particular regard to medical treatment and recuperation packages for destinations outside the continental United States. In this role, we research and gather public information and provide this information to you for your personal use in making a more informed decision about your medical treatment options outside the United States.
NOT A MEDICAL REFERRAL SERVICE OR HEALTHCARE PROVIDER
SkyMedicus is neither a medical referral service nor healthcare provider, and it does not endorse, recommend, or approve any healthcare provider listed in the Website. We are not medical professional staff and will not discuss or advise on any issues relating to medical treatment. We facilitate contact with, and provide information about doctors outside the US and provide information about their credentials in order for you to make informed decisions. We do NOT recommend any preferred or specific doctors for your desired medical treatment. We encourage and advise you to discuss all medical issues with your medical doctor in the United States before making a decision on medical treatment outside the United States. Through our medical tourism affiliates around the world and our in-depth research we provide information about available medical treatment and recuperation packages to assist you in making an informed decision.
You agree to assume all responsibility in connection with choosing any doctor for your desired procedure. We assume no responsibility or liability for any treatment or other services rendered by any doctor, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
CANCELLATION OF HEALTHCARE PROCEDURE AND REFUNDS
I agree that the Healthcare Provider has the right to cancel the healthcare procedure at any time and for any reason is the sole and absolute discretion of the Medical Professional. If the healthcare procedure is canceled, I understand that I will receive an accounting of costs incurred by the Healthcare Provider up until the date of cancellation, and thereafter, I will receive a refund of any unused, but paid, fees.
I agree that in the event I choose to cancel the healthcare procedure, I may for any reason. If I elect to cancel the Medical Services, I will be liable for any costs incurred by the Healthcare Provider up until the date of cancellation, and thereafter, I will receive a refund of any unused, but paid, fees.
You can cancel your appointment prior to 48 hours before the appointment date via the SkyMedicus website. Before you make any changes or cancellations, please check the rules and restrictions associated with the third party healthcare or product/service provider to determine whether you can receive a refund. The rules and restrictions are detailed at the bottom of your appointment confirmation e-mail you received from SkyMedicus.
Please note that some healthcare procedures are fully non-refundable from the time the appointment is made. Additionally, many health care providers will generally charge a fee if cancellation occurs within 48 to 24 hours of the scheduled appointment. Rules vary by country and health care provider, so it is important to check the rules associated with your appointment. You must request a refund directly with the third party health care provider. They will issue a refund in accordance with their policies within 48 hours of the request via the same payment method you used to book the appointment.
The deposit paid to SkyMedicus, Inc. for your healthcare appointment is non-refundable. However, SkyMedicus, Inc. will issue you a credit which you may apply to another healthcare procedure.
This Website and its services, including the information above, are for informational purposes only and are not a substitute for professional medical or health advice, examination, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professional before starting any new treatment, making any changes to existing treatment, or altering in any way your current exercise or diet regimen. Do not delay seeking or disregard medical advice based on information contained on this Website. Medical information changes rapidly and while SkyMedicus and its content providers make efforts to update the content on the site, some information may be out of date. No health information on SkyMedicus.com, including information about herbal therapies and other dietary supplements, is regulated or evaluated by the Food and Drug Administration and therefore the information should not be used to diagnose, treat, cure, or prevent any disease without the supervision of a medical doctor.
The content and information on this Website (including, but not limited to, price and availability of medical tourism procedures and services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Website. Additionally, you agree not to:
(i) use this Website or its contents for any commercial purpose;
(ii) make any speculative, false, or fraudulent appointment or any appointment in anticipation of demand;
(iii) access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
(iv) violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
(v) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
(vi) deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
(vii) "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
LINKS TO THIRD-PARTY SITES
This Website may contain hyperlinks to websites operated by parties other than SkyMedicus. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
MEDICAL SERVICE PROVIDER RULES AND RESTRICTIONS
Separate terms and conditions will apply to your appointments and contracts with the healthcare providers that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any healthcare provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding appointments, products, or services. You acknowledge that some third-party healthcare providers offering certain services and/or procedure may require you to sign their liability waiver prior to participating in the service and/or procedure they offer. You understand that any violation of any such provider's rules and restrictions may result in cancellation of your appointment(s), in your being denied access to the applicable healthcare product or procedures, in your forfeiting any monies paid for such procedures(s), and/or in our debiting your account for any costs we incur as a result of such violation.
All prices provided on the Website or in brochures and associated materials are subject to change without notice. This is because the Healthcare 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 SkyMedicus or the relevant Healthcare Provider. Although we do not offer refunds for medical or dental deposits, we do offer credit that can be used with any product or service offered from our site if your appointment is cancelled with at least 24 hours advanced notice.
Healthcare Providers are independent parties over which SkyMedicus has no control. The information and description given about the Healthcare Providers and their products are based on our inquiries and are believed to be accurate, but SkyMedicus cannot guarantee in respect thereof.
The contents of this Website, such as text, graphics, images, information obtained from third parties, and other material contained on the SkyMedicus.com ("Content") 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 primary care 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 this Website! Reliance on any information provided by SkyMedicus, SkyMedicus employees, others appearing on the Website at the invitation of SkyMedicus, or other visitors to the Website is solely at your own risk.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE ASSUME NO RESPONSIBILITY NOR DO WE GRANT ANY WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE OPERATION, SAFETY, CONDITION, PRODUCT OR SERVICE OF ANY PHYSICIAN, HEALTHCARE PROVIDER, HOSPITAL, AIRCRAFT, MOTOR VEHICLE, BOAT, OTHER CONVEYANCE, INN, LODGE, OR HOTEL AND/OR PRODUCTS ASSOCIATED WITH SUCH ENTITIES OR SERVICES THAT ARE USED WHOLLY OR IN PART BY, FOR OR ON BEHALF OF YOU. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
LIMITATIONS OF LIABILITY
YOU AGREE THAT NEITHER WE NOR OUR INTERNATIONAL AFFILIATES WILL BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE MATERIALS, OR ANY SERVICES OBTAINED ON OR THROUGH THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THIS SITE, ANY SITE MATERIALS, OR SERVICES OBTAINED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEMS.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL SkyMedicus OR ANY OF ITS OR THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, 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, OR LOSS OF USE) ARISING OUT OF USE OF THIS SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATIONS ON LIABILITY FOR MEDICAL TOURISM SERVICES
We have an independent, arms length arrangement with the Healthcare Provider(s) to offer health information services ONLY. We are not a medical referral service and we do not endorse, recommend, or approve any Healthcare Provider. We are not medical professionals and will not discuss or advise regarding any issues relating to medical treatment. We facilitate contact with the Healthcare Provider and provide the information provided by the Healthcare Provider to you. We do not, however, recommend any preferred or specific doctors of the Healthcare Provider for your desired medical treatment. We encourage and advise you to discuss all medical issues with your Primary Care Physician or medical doctor in your country before making a decision on medical treatment outside your country.
You agree to assume all responsibility in connection with choosing the Healthcare Provider or any doctor for your desired procedure. We assume no responsibility or liability for any treatment or other services rendered by the Healthcare 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 Healthcare 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 Healthcare 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.
IMPORTANT NOTE: You also 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 Healthcare Provider or otherwise. You acknowledge that the availability of insurance will be determined by each relevant travel 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 travel insurance are for information purposes only. You must not rely on this information, and must make your own inquiries directly with travel insurers in order to determine whether, and to what extent, your travel will be covered.
GENERAL LIMITATIONS ON LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL SKYMEDICUS NETWORK 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 WEBSITE PROVIDED BY US, AND THE CONTENTS OF THE MATERIALS AND WEBSITE, ARRANGEMENTS MADE BASED ON INFORMATION RELATED TO OR OBTAINED FROM THE MATERIALS AND WEBSITE, OR PRODUCTS OR SERVICES RELATED TO OR OBTAINED FROM THE MATERIALS AND WEBSITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless SkyMedicus and our affiliates, and our and their respective directors, officers, members, employees, agents, representatives, attorneys, successors and assigns, 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 this·Website, any·Website Materials, or services obtained on or through this·Website, (ii) any arrangements you make based on information obtained on or through this Site, or (iii) any breach by you of our Terms, Conditions, and Notices.
You agree that this User Agreement shall be governed by and construed in accordance with the law of the State of·Indiana. We agree that any legal action or proceeding under or with respect to this agreement may be brought in the courts of the State of·Indiana or the United States having competent jurisdiction; and for the purpose of any such legal action or proceeding, you hereby submit to the jurisdiction of such courts. You hereby agree not to raise and hereby waive any objection to or any defense based upon the venue of such courts and any objection or defense based upon an inconvenient forum. You also agree not to bring any legal action or proceeding under or with respect to this agreement outside of Indiana unless, for some reason, the courts of the State of·Indiana and the federal courts having competent jurisdiction refuse or do not have jurisdiction in the matter.
Further, I have been informed by SkyMedicus and understand that there are specific medication conditions that I have that put me at higher risk if I choose to have this procedure. I am fully aware of such risks involved due to my medical history and at risk conditions and waive all responsibility of SkyMedicus as to the medical risks involved from me opting to still proceed with this treatment and procedure.
REFUNDS AND CANCELLATIONS
You can cancel your appointment prior to 48 hours before the appointment date via the SkyMedicus website. Before you make any changes or cancellations, please check the rules and restrictions associated with the third party healthcare provider to determine whether you can receive a refund. The rules and restrictions are detailed at the bottom of your appointment confirmation e-mail you received from SkyMedicus.
Please note that some healthcare procedures are fully non-refundable from the time the appointment is made. Additionally, many healthcare providers will generally charge a fee if cancellation occurs within 48 to 24 hours of the scheduled appointment. Rules vary by country and healthcare provider, so it is important to check the rules associated with your appointment.
POLICY ON SKYMEDICUS CREDITS
The deposit paid to SkyMedicus, Inc. for your healthcare appointment is non-refundable. However, SkyMedicus, Inc. will issue you a credit which you may apply to another healthcare procedure.
By paying the deposit to secure your healthcare appointment, you understand that you are purchasing SkyMedicus Credits. SkyMedicus Credits are used to secure healthcare appointments or purchase goods from the SkyMedicus Healthcare Marketplace. Should you need to cancel your purchase or appointment prior to the scheduled date of arrival, you can request that the SkyMedicus Credits be returned to your account for use elsewhere in the SkyMedicus Healthcare Marketplace.
SkyMedicus Credits can be used anywhere inside the SkyMedicus Healthcare Marketplace to secure goods or services. All Sales are Final at the time SkyMedicus Credits are purchased.