Disclaimer
Destiny Meditravel requires all users of its website and service to read the following important terms and conditions carefully because by: • entering this website;
- accessing this website;
- viewing material on this website;
- using the links on this website;
- providing DMT with a request for a Instant Estimate form or a booking form,
you expressly agree to be bound by the following terms and conditions ("Agreement"). This Agreement also includes our privacy policy and any other terms and conditions on this website.
Changes to this Agreement
We may change the Agreement at our discretion and without notice. A version of the current Agreement will be available on this website as they are changed. All amendments will be become effective 30 days after the date of posting. By continuing to use our website you accept the Agreement as it applies from time to time. A copy of our current Agreement is displayed on our website at all times. This Agreement is in no way limited or altered by any other terms of conditions on this website.
What does DMT do?
DMT provides referrals to suppliers of medical and travel goods and services. Through the relationships DMT has created with various service providers, DMT coordinates your travel, accommodation, medical services, tours and other requirements ("your package"). In coordinating your package, DMT may:
- make information from third parties available to you;
- introduce you to third party providers of goods and services;
- organize tickets;
- Facilitate the payment of goods and services by you to third parties.
What does DMT not do?
In coordinating your package, DMT does not provide, however does coordinate on your behalf :
- travel agency services or goods (including but not limited to Airfares, transport, accommodation, tour and events); or
- medical/hospital services or goods (including but not limited to medical advice); or
- Insurance services or goods.
This means that DMT is not itself providing you with any goods or services in the capacity of principal.
What are your responsibilities?
Your package is provided by third party suppliers and the supply of the goods or services associated with your package by such third parties will be governed by their terms and conditions, These Terms and Conditions are listed at the bottom of the website and are the clients responsibility to read and agree to should you take up their services. DMT has no control over the terms and conditions of third party suppliers and you should ensure that you , read and understand the terms and conditions of each supplier of each component of your package prior to booking and paying any deposits.
In particular you should make sure that you are aware of any exclusions or limitations of liability imposed by the third party service provider of your package. Some of these may limit or exclude liability for death, personal injury (including injury arising out of the provision of medical services), delay and property loss or damage.
Your Contractual Relationship with Third Party Suppliers
Before entering into any agreement, be sure that you have carefully read and are familiar with any contractual arrangement that you enter into. Destiny Meditravel is not acting as your general contractor, agent or lawyer with any third parties, including any hospitals or travel agents, found on, or through the DMT website or referred to you by DMT or any of the services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely between you and such third parties. It is your responsibility to negotiate the terms of any relationship you enter into. You should note that the success of any consumer/supplier relationship would depend on a number of factors, including: the conditions that exist where the requirement is supplied, the level of communications between the parties and the skill and knowledge of the parties.
Neither Destiny Meditravel nor any of its employees has any control over the suppliers or consumer requirements listed on the Meditravel.com.au web site, nor do they have any control over how or when any supply will be made. By using a link on the web site to request a supply or by lodging a requirement on the Meditravel.com.au web site, you agree that you are at least 18 years of age and are not otherwise prevented from entering into a binding legal agreement.
DMT assumes no responsibility whatsoever for any charges that you may incur when making a booking through the DMT website.
Website material not medical or travel advice
The content, including publications and information provided on this website are for your information and interest only. The information is not specific to any previous particular circumstance. DMT does not intend and does not warrant or guarantee the quality, currency or accuracy of the information it provides. DMT does not warrant that the information or material on this website is entirely free from error or omissions or entirely suitable or fit for the use intended of the information on this site.
Since the information is derived from a variety of sources, DMT is not responsible or liable for any inaccuracies or omissions as a result of misinformation received from third parties.
The information on this website is not intended to be comprehensive, and it does not constitute and must not be relied on as medical or travel advice.
You should seek medical, travel or other professional advice before acting or relying on any of the content on this website. No information provided by DMT on this website is intended to replace personal consultation with a qualified medical practitioner or other healthcare professional. You must seek specific advice tailored to your circumstances. You should ensure that you receive information and advice of general surgical and procedural risks and information and advice about specific risks associated with your procedure/s.
Whilst the DMT website contains information on cosmetic surgery procedures, the information is not exhaustive and should not be accepted as the only or best practice. DMT does not advocate any specific technique or philosophy of cosmetic surgery procedure, nor does it endorse any medical procedure whatsoever.
Links from this website
DMT’s website is linked to other websites over which DMT has no control. Such websites contain information created, published, maintained, or otherwise posted by individuals, institutions, or organizations independent of DMT. DMT makes no representations about the accuracy or information contained on those websites. DMT is not liable for the content on those websites. Use of any information, obtained from such external websites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficiency and timeliness. Reference to any specific commercial product, process, or service by trade name, trademark, and service provider or otherwise does not constitute or imply endorsement, recommendation or favouring by DMT. Links on the DMT website are not endorsements of the linked entities and are provided for convenience only.
Copyright
The MediTravel.com.au web site contains information, text, graphics, software and advertisements ("Content") provided by Destiny Meditravel and its affiliates and by third parties. The copyright in the Content is owned by Destiny Meditravel, its suppliers and/or licensors unless expressly indicated otherwise on the web site The Content is protected by Australian and international copyright and trademark laws and is supplied solely for information use.
Apart from any fair dealing permitted under the Copyright Act 1968 you may not reproduce, modify, republish, frame, transmit or otherwise exercise any of the exclusive rights of the copyright owner in the Content without their express written permission.
General
You expressly acknowledge and agree that Destiny Meditravel does not exert control over users of the Web site and is not liable for their behaviour including any information uploaded into the Web site that is offensive, defamatory, discriminatory, illegal or in violation of third party rights. You further acknowledge that Destiny Meditravel has no responsibility for use of listings in its Web site by persons engaged in mass email or spamming activities.
Although Meditravel.com.au will not intentionally supply you with any inaccurate information, the information that Meditravel.com.au supplies to you about requirements and suppliers is being provided on an "as is" basis, and you acknowledge that you will use the information at your own risk.
Destiny Meditravel will not be liable to you or to anyone else for any damages connected to the information that Meditravel.com.au supplies, whether the damages are direct, indirect, incidental, special or consequential. Meditravel.com.au is not giving you any warranties or guarantees of any kind about the information that it supplies.
If a dispute arises between you and a supplier or consumer, you will release Destiny Meditravel from any claims or demands and damages connected in any way to the dispute, however we will endeavour to liaise between the parties in order to arrive at a satisfactory resolution.
Any claim that you bring against Destiny Meditravel that arises out of a service provided to you will be settled by binding arbitration in accordance with the commercial arbitration rules of the Australian Arbitration Association. Any such dispute or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Southport, Queensland, Australia, and any court of competent jurisdiction may enter a judgment on the arbitration award.
No liability
To the extent permitted by law, DMT excludes all liability for any loss or damage whatsoever and howsoever arising (including but not limited to physical and psychological injury and loss or damage to property of whatever nature) that may arise in any way in connection with the offer or supply of goods or services by or through DMT or any third party service provider or in connection with the supply of such goods or services.
Trade Practices Act 1974
If the Trade Practices Act 1974 (Cth) or any similar law implies a condition or warranty that cannot be excluded, the liability of DMT for a breach of the condition or warranty will be limited as determined by DMT in its absolute discretion to (a) in the case of goods, any one or more of the following (i) the replacement of the goods or the supply of the equivalent goods or (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods and (b) in the case of services (i) supplying the service again or (ii) the payment of the cost of having the services supplied again.
Release
You agree to release, defend and hold harmless DMT and its officers and employees and agents from all such liability and indemnify each of them severally against any such claims that may be made by or through you related to your breach of this Agreement or use of this website in any manner.
No representation
Except for any condition or warranty implied by law which cannot be excluded, DMT makes no statement, representation or warranty that any goods or services supplied by third parties will be fit for your required purpose or supplied by them with reasonable care and skill or as to the safety, conditions, standards or other issues that may exist at any destination or service provider.
Events outside the control of DMT (Force Majeure)
DMT also does not accept any liability whatsoever for any injury, damage loss, delay, additional expense or inconvenience caused directly or indirectly by any events which are beyond its control including but not limited to war, civil disturbance, terrorist attack, fire, flood, acts of God, acts of Government or of any other authorities, accident to or failure of machinery or equipment or industrial action.
Your acknowledgement of risk
You acknowledge that any medical advice, procedure or other service that you ask DMT to book on your behalf carries risk. For example, the advice may be incorrect; the procedure may not be successful or may cause injury or have side effects. You further acknowledge that standards of medical advice, procedures and care generally outside Australia may be different to Australian standards and in some cases, they may be lower.
Your representations to DMT
Accordingly, without limiting the more general provisions of the disclaimer in this Agreement, you specifically represent and warrant to DMT that:
(a) you have obtained or been advised by DMT to obtain independent medical advice from a appropriately qualified medical practitioner in relation to any medical services that you have asked DMT to coordinate on your behalf;
(b) DMT has 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 likely results, risks, side effects or otherwise);
(c) even though DMT may have provided information regarding the availability of medical services or coordinated medical procedures, products or other services on your behalf, DMT takes no responsibility whatsoever and excludes all liability for the actual medical services provided; and
(d) you accept and are solely responsible for these risks and will not hold DMT or its officers or employees responsible in any way you use those services solely at your own risk.
Insurance
DMT strongly recommends that you take out travel insurance and disclose all relevant matters to your insurer (including the fact that you may be undertaking elective surgery as part of your travel).
Jurisdiction
The use of DMT’s website, the provision of services by DMT (if any) and the Agreement are subject to the laws applicable to the Commonwealth of Australia. DMT does not represent that it holds the authorisations and approvals required to provide legal advice in all jurisdictions where the material on this website may be viewed or received. You must ensure that access to and use of this website is in accordance with the laws of your jurisdiction.
Termination
DMT may terminate your right to access and use this website at any time without reason or prior warning. Termination does not affect any term of this Agreement or the right to any remedy available to DMT as a result of any failure to comply with the Agreement.