PART I. PRELIMINARY STATEMENT
Medical Tourism Australia Pty Ltd (ACN trading as Medical Care Australia (“MCA”) scope of activities:
Prior to the acceptance of our services, the Client acknowledges that they have been informed of the following:
The parties agree that their relations will be exclusively governed by this agreement.
TITLE II. – CONVENTIONS
ARTICLE 1. – DEFINITIONS
1.1. “Client” means anyone who notes, books, orders and buys a service offered on the site.
1.2.”Service” means any service offered on the site.
1.3. “Site” refers to the infrastructure developed by MCA according to computer formats used on the Internet, including data of various types, such as text, sound, still or moving pictures, videos, databases, intended to be visited or seen by the clients to become fully aware of the services offered.
1.4. “Internet” means various networks of servers located in various locations around the world, linked together through communication networks, and communicating using a specific protocol known as TCP/IP.
ARTICLE 2. – ORDERS
Requests regarding services offered MUST be placed on-line from the website of the MCA.
An order will be recorded on the site only after clear identification of the client’s login and password.
Orders imply that the terms and conditions have been accepted.
ARTICLE 3. – VALIDITY OF THE ORDER
Any Client of the Site who does not hold a client number will have to go through the regular registration procedure in order to obtain one. This number is totally personal.
In the event of a loss or if the number is missing, MCA should be informed at short notice. The client should then contact MCA’s customers’ services. Or call the following number: + 61 8 82216842
In all cases, the online provision of a credit card number followed by the final confirmation of the request for services will be worth as evidence for the entire order.
The records stored in MCA computer systems under conditions of reasonable safety, will be considered as evidence of communications, orders and payments between the parties.
It is expressly agreed that, except in cases of obvious error made by MCA, the data stored in the information systems of the Company have probative value as to orders placed by the client. Digital or computerized data are valid evidence and, as such, are admissible under the same conditions and with the same evidential value as any document created, received or retained in writing.
ARTICLE 4. – QUOTATIONS – SERVICES
4.1. Customized Quotes (facilitation to Australia)
Within seven days after registration by the new client, and provided that the file, including the forms to be completed have been regularly and fully filled, MCA through secure channel will forward a customized quote, which will be accompanied by a comment either during a phone interview or by phone or videoconference.
Acceptance of the quotation needs to be made within the time stipulated.
In the event that, it would not be possible to establish a custom quote, because of information supplied (including medical ones), the client will be notified.
MCA’s assistance cannot be provided before the quotation has been accepted, dated and signed by the client.
4.2. MCA offers clients the following services:
ARTICLE 5. – RATES – PAYMENT – CANCELLATION
All prices quoted on www.medicalcareaustralia.com.au or in any brochures or Information may alter without notice without warning, particularly when health facilities and/or Service Providers change their price-lists. Prices become final at the confirmation and signature stage. The prices are quoted in Australian dollars and include all taxes. They take into account the amount of (GST) applicable on the date of the order.
Prices are guaranteed at the date when the order is placed.
5.2. Terms of Payment
Payments can be made:
Payments will be made as follows:
Any cancellation by the Client of this agreement will lead to the following:
The clients acknowledge they have been informed that in case of cancellation of their order by MCA particularly because of the inaccuracy or omission of essential information not provided on their health status or condition (particularly when filling the pre-diagnosis form), the provision of this clause apply.
ARTICLE 6. – CONFIDENTIALITY
MCA cannot ensure the confidentiality and security of data transmitted over the internet. However, our website uses a secure payment module of SSL type (Secure Socket Layer).
ARTICLE 7. – PERSONAL DATA
MCA agrees to comply with all operative legal provisions relating to medical confidentiality pursuant to the Privacy Laws in place in Australia.
The confidentiality of exchanges between the patient, surgeons, hospitals is guaranteed through a system of encryption when capturing and storing data. Only authorised persons have access to the medical information on the patient.
MCA reserves the right to collect data on the client and this remain strictly confidential and will not be disclosed to third parties.
ARTICLE 8. – LIABILITY
The information which will be communicated to its client by MCA via www.medicalcareaustralia.com.au, its Internet platform, come from third parties such as health establishments or Service Providers.
MCA cannot be held liable for any information supplied to them by third parties that is found to be incorrect.
All information obtained on www.medicalcareaustralia.com.au, or through MCA is correct at the time when it is expressed.
Under no circumstances MCA, via its Internet platform intervenes in the payment of medical benefits; neither can MCA be asked for any refund of sums paid to one or more health facilities or to a medical practitioner.
If for some reason, a health care facility or a medical practitioner fails to fulfill their obligations or fulfil them poorly, it would be the health care facility or medical practitioner responsible for rectification (if any is possible).
It is the sole responsibility of the client to obtain all consents passport, visa or other administrative formalities as may be requested by Service Providers or national authorities to be able to complete the trip chosen by the client.
MCA accepts no responsibility and provides no guarantee for:
MCA will not intervene in the choice of the medical practitioner or health facility, such a choice is the sole responsibility of the patient, MCA is not liable for such a choice and is not responsible for any acts, errors, omissions, promise, warranty, negligence, or breach of contractual obligations from health facilities, medical practitioners or any other person associated with health facilities or service providers.
The client acknowledges that all medical, surgical or other benefits can provide a risk and:
The client agrees not to hold MCA, its subsidiaries, officers, members, employees, agents, or representatives, liable for any direct or indirect damage (including, but not limited to, profit losses and/or damage resulting from inconvenience, delay, loss of utility, or physical or mental harm) related to or resulting from the use of information from the www.medicalcareaustralia.com.au website or agreements made or information obtained on www.medicalcareaustralia.com.au, or even not to bring proceedings in liability as he/she acknowledges using these services at his/her own risk.
In all cases, MCA does not accept any liability attributable to an act caused by a third party; neither shall it be for any delay or failure due to an unforeseeable event caused by a third party.
ARTICLE 9. – INTELLECTUAL PROPERTY
All elements of MCA’s website, either visual or audio, including the underlying technology, is protected by copyright laws. They are the exclusive property of MCA. A client possessing a personal Internet site and who, for personal use, wishes to place a direct link to MCA on its website, must obtain a written consent from MCA.
ARTICLE 10. – DURATION OF THE CONTRACT
All conditions apply throughout the the contractual relationship between the parties.
ARTICLE 11. – GENERAL PROVISIONS
11.1. Entire Contract
The parties acknowledge that the present Contract constitutes the entire agreement between them and replaces any offer, arrangement or previous agreement, written or verbal, with the exception of legal notices showing on the site and which are an indivisible whole with the present contract.
11.2. Contract Changes
No subsequent document, no modification of the contract regardless of the form will not produce any effect between the parties without taking the form of an addendum signed and dated by them.
If any provision of this contract turned out to be invalid under the rule of existing law or a judicial decision having become final, it would be deemed null and void, without invalidating the contract or altering the validity of its other provisions.
The fact that either party does not claim the application of any clause in the contract or acquiesces in its breach, either permanently or temporarily, shall not be construed as a waiver by that party to the rights arising for it from that clause.
The parties elect domicile at the addresses indicated on the order form for the client and on the address appearing on the site for MCA.
11.6. Applicable law and disputes
The present conditions are subject to Australian Laws.
The competent jurisdiction in the event of a dispute regarding the interpretation or enforcement of this contract will be the court of the location of MCA’s headquarters.
You hereby agree that the Group may collect, store, process, disclose, access, review and/or use personal data (including sensitive medical data) about you, whether obtained from you or from other sources, for the purposes set out below and/or any other administrative or operational purposes and/or the purpose of managing your relationship as a customer with the Company or any other company within the Group:-
The Company will take reasonable steps to make sure that the personal data it collects, uses or discloses is accurate, complete and up to date.
The Company will take reasonable steps to protect the personal data it holds from misuse and loss and from unauthorized access, modification or disclosure.
The Company will not keep personal data for longer than is necessary and will take reasonable steps to destroy or permanently de-identify personal data if it is no longer needed.
You are entitled to have access to your personal data in possession or under the control of the Group and information about the ways in which the personal data has been or may have been used or disclosed within a year before the date of the request. This can be done by you making a written application to the Designated Person (as defined below) requesting for any such information. The Company reserves the right to charge a fee (representing its costs in administering your request) for supplying such information and to refuse requests which, in its opinion, occur with unreasonable frequency.
The Company will also, where you have requested that it correct an error or omission in the personal data about you that is kept with the Company, correct such data as soon as practicable and send the corrected personal data to every organization to which the personal data was sent before it had been corrected, if applicable, unless that organization does not need the corrected personal data for any legal or business purpose. The Company may however choose not to provide you with access to or correct such information, in accordance with the exceptions under the APP rules. This would include cases where:
13.54 APP’s 13.3 provides that if an APP entity refuses to correct personal information as requested by an individual, the entity must give the individual a written notice setting out:
13.55 APP’s The reasons for refusal should explain, where applicable:
13.56 APP’s – An APP entity is not required to provide its reasons for refusing to correct personal information to the extent that it would be unreasonable to do so. This course should be adopted only in justifiable circumstances. An example would be where providing reasons would prejudice an investigation of unlawful activity, or prejudice enforcement action by an enforcement body.
13.57 APP’s – The description of the complaint mechanisms available to an individual should explain the internal and external complaint options, and the steps that should be followed. In particular, the individual should be advised that:
13.58 APP’s – Other information can also be included in the notice advising an individual that a request to correct personal information has been refused. The individual should be advised of the right under APP 13.4 to request the APP entity to associate a statement with the personal information (see paragraphs 13.59–13.62). An agency could also advise an individual of the parallel right under the FOI Act to apply for a record to be amended or annotated, and of the right to Information Commissioner review of an adverse decision under that Act (see paragraphs 13.25–13.29).
The Company has designated the person whose details are set out below as the person (“Designated Person”) who will be responsible for ensuring the Company’s compliance with applicable privacy protection laws. If you have any queries or requests or wish to make any applications via email concerning your personal information or data, please address your concern to the Designated Person :-
Managing Director and/or Chief Executive Officer email@example.com
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