MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. Disclaimer of Warranty and Limitation of Liability
Description of Service
MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. is a medical tourism service firm based in India. MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD.
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 in
Asia Pacific region,primarily India. 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 your country.
MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. is neither a medical referral service nor medical service
provider, and it does not endorse, recommend, or approve any travel
agency or healthcare provider listed in the Site. 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 United States, and provide
information about their credentials in order for you to make informed
decisions. We do not, however, recommend any preferred or specific
doctors for your desired medical treatment. We strongly encourage
and advise you to discuss all medical issues with your medical doctor
before making a decision on medical treatment outside your country.
Through our medical tourism affiliates around the world and our
in research we provide information about available medical treatment
and recuperation packages to assist you in making an informed decision.
This Disclaimer is an essential contractual condition of all bookings
accepted by MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. By executing
this Agreement, Client will be deemed to have read and agreed to
all conditions and provisions contained in this Disclaimer.
MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD.’s responsibilities under this Agreement are limited to the following:
Organizing and booking Client’s travel and accommodation arrangements in connection with the Medical Procedures
Assisting Client in obtaining Medical Services as provided in this Agreement
Except for the above, MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. will not supply or provide Client with any other goods or services. MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. is not itself a provider of transport, accommodation, tours, events or medical services.
Third Parties
All transport, accommodation and medical services or products will be provided to Client by third parties that are independent of MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. (Third Parties”). Client acknowledges and agrees that MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. does not warrant the products or services (collectively, “Third Party Products and Services”) provided by Third Parties. In no event shall MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD., its principals, members, managers, officers, directors, partners, employees, affiliates, successors or assigns (the “MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. Parties”) be liable to Client on account of any claim, cause of action, obligation, damage (including, without limitation, personal injury or death and property damage), liability, loss, cost or expense (collectively, Losses”) arising out of or relating to any Third Party Products or Services.
Client has the sole responsibility to check each Third Party’s terms and conditions that apply to the goods or services it provides, including any applicable exclusions or limitations of liability imposed by the Third Party, which may exclude or limit liability for delays, property loss or damage, personal injury or death
Disclaimer of all Warranties
MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. does not make and hereby expressly disclaims any and all representations and warranties with respect to its services hereunder and the Third Party Products and Services, including without limitation (i) all implied warranties of merchantability and fitness for any particular purpose, (ii) that the Third Party Products and Services will be provided with reasonable care and skill, and (iii) the safety, conditions, standards or other issues that exist at any Third Party’s facility or any travel destination, including locations visited in transit.
Limitations on Liability
Client hereby agrees and acknowledges that no MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. shall have any liability whatsoever for any Losses suffered by Client relating to or arising out of any Third Party Products or Services, including but not limited to:
Physical and psychological injury of whatever nature or
Loss or damage to property of whatever nature or
1. Any loss of profits or
2. Any loss of use or
3. Any business interruption.
Client hereby agrees and acknowledges that in the event of any such Losses suffered by Client relating to or arising out of any Third Party Products or Services, Client shall look solely to the Third Party that provided such Third Party Product or Service for any applicable remedy or compensation and not to any MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. Party.
Client hereby agrees that no MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. Party shall have any liability for any indirect special, punitive, incidental or consequential damages of any kind whether alleged as a breach of contract or tortious conduct, including negligence.
In addition to the exclusions from liability set forth above, Client hereby agrees that no MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. party shall be liable to Client for any actions or omissions of MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. except for actions or omissions that constitute gross negligence or willful misconduct.
In all circumstances, MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD.’s liability to Client with respect to MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD.’s services hereunder shall be limited to, at MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD.’s option (i) a full refund of any fees paid to MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. by Client hereunder or (ii) provision of replacement services.
Force Major
The obligations of MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. to perform under this Agreement shall be excused during each period of delay caused by matters such as strikes, riot, explosion, war, fire, flood, earthquake, tsunami, sabotage, terrorist attack, accident to or failure of machinery or equipment or industrial action, shortages or power or raw material breakdown or unavailability of fuel, labor, or transport facilities, accidents of navigation or breakdown or damage to vessels or other conveyances, other abnormal impediments to transportation, government orders, acts of God, or other causes beyond the reasonable control of MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD..
Client Acknowledgments
Client acknowledges that any and all medical advice, procedures, care or other Medical Services may involve significant risks. Such risks include, without limitation, incorrect medical advice, unsuccessful medical procedures, inadequate medical care, medical malpractice and personal injury or side effects. It is further acknowledged by Client that the standard of medical advice, medical procedures and medical care generally outside the United States may be significantly below U.S. standards. Client acknowledges that MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. shall not be obligated to provide or arrange for any legal advice or legal representation for Client as part of MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD.’s services hereunder. It is Client’s responsibility to respect the laws and customs of the country of destination or a country visited in transit. WARNING: in some countries, including Thailand, possession of various narcotic drugs can be punishable by life imprisonment or even the death penalty.
Client Representations and Warranties
Client warrants and represents to MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. as follows:
(a) Client has received, or been advised by MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. to receive, independent medical advice from a qualified medical practitioner regarding the Medical Services;
(b) MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. has not given Client any advice or opinion that a reasonable person would interpret as medical opinion or medical advice (including but not limited to advice regarding health risks or side effects);
Travel Insurance
Client shall be solely responsible for obtaining such travel insurance as Client shall determine to be appropriate.
MEDICOGLOBAL, unit of UNICEL MEDIGLO PVT.LTD. recommends that Client (i) arrange comprehensive travel insurance for the entire period of Client”s travel and (ii) disclose all relevant matters to Client’s insurer (including that elective surgery will be undertaken during Client”s travel).