1. Definitions and Interpretation
In these Terms and Conditions, unless the context suggests otherwise, the following terms have the following meanings:
Application Form means the online or offline form submitted by You requesting the Medical Introduction Services You wish to acquire.
Medical Introduction Services means the services We provide by introducing Medical Service Providers and travel service providers to You in order for You to obtain medical services from Medical Service Providers who are located overseas and in Australia.
Medical Service Provider means a provider of medical services introduced by Offshore Clinical to You pursuant to these Terms and Conditions.
Tax Invoice means a Tax Invoice within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Terms and Conditions means these terms and conditions.
We, Our and Offshore Clinical means Offshore Clinical (ABN 58 291 071 695).
You means the person or people who engage Offshore Clinical to identify Medical Service Providers and make arrangements for travel on their behalf.
In these Terms and Conditions, unless the context suggests otherwise:
(a) a reference to another instrument includes any variation or replacement of either of them;
(b) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re‑enactments or replacements of any of them;
(c) the singular includes the plural and vice versa;
(d) the word person includes a firm, a body corporate, an unincorporated association or an authority;
(e) a reference to a person includes a reference to the person’s executors, administrators, successors, substitutes (including, but not limited to, persons taking by novation) and assigns;
(f) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive to that day; and
(g) a reference to a day is to be interpreted as the period of time commencing at midnight and ending 24 hours later.
2. About Offshore Clinical
2.1. Offshore Clinical provides Medical Introduction Services. It introduces clients to Medical Service Providers and travel providers in order for clients to obtain medical services from Medical Service Providers who are located overseas and, where requested, Medical Service Providers who provide follow-up and post-operative care in Australia. Offshore Clinical is not a medical practitioner, is not a Medical Service Provider and does provide Medical Services or medical advice of any kind. Offshore Clinical therefore is not, and does not become, a party to any contractual or doctor patient relationship that is formed between You and Medical Service Providers.
3. How to obtain Our Medical Introduction Services
3.2. By submitting an Application Form, You warrant that the information You provide at the time of application is correct and that You will advise Offshore Clinical if any of the information You submit in Your Application Form changes.
3.3. To the extent permitted by law, We reserve the right to accept or reject any request to receive Medical Introduction Services for any reason (or no reason) at any time including, without limitation, because of an error in a price or fee specified by Offshore Clinical, an error in Your Application Form or changes to the services offered by Offshore Clinical.
3.4. We will not be liable to You for Your loss of any kind (including without limitation any consequential, direct or indirect loss) or that of any third party for the rejection of Your request to receive Medical Introduction Services.
3.5. The Terms and Conditions may be varied by Offshore Clinical from time to time in Offshore Clinical’s sole discretion and by submitting an Application Form at any time or by requesting Medical Introduction Services from Offshore Clinical, You acknowledge that You have read, understood and agreed to be bound by the Terms and Conditions in use at that time.
4. our Responsibilities
1.1. By submitting an Application Form or seeking services from a Medical Service Provider You agree that You will:
(a) provide complete, accurate and up to date information when dealing with Offshore Clinical and Our Medical Service Providers;
(b) be responsible for determining whether the Medical Services and the Medical Service Providers are suitable for Your needs;
(c) comply with all recommendations made to You by Your Medical Service Provider, including recommendations as to the management of Your recovery following any medical procedure undertaken by You; and
(d) take out and maintain all necessary insurances in relation to Your travel and the Medical Services undertaken by You.
5. Our Fees
5.1. We act as an agent solely for the purpose of effecting introductions between You and Medical Service Providers and making travel arrangements on Your behalf. Save as provided by these Terms and Conditions, We do not provide any guarantees with respect to the Medical Services provided by Medical Service Providers or the travel services offered by travel and accommodation providers. A fee of $350 will therefore become payable to Offshore Clinical by You upon You agreeing to obtain services from a Medical Service Provider and/or You authorising Offshore Clinical to make travel arrangements on Your behalf.
5.2. We will issue You a Tax Invoice in respect of Our fees, costs and expenses, which will be payable within 7 days of You receiving the Tax Invoice from Offshore Clinical.
5.3. Medical Service Providers and travel providers set their own fees and charges and must be paid directly to the Medical Service Provider and travel provider concerned.
5.5. Our fees and charges are only final once a booking has been made. Prior to booking, We may vary the amount of Our fees and charges at any time and for any reason without notice.
1.1. Each Medical Service Provider and travel provider has its own cancellation and amendment policies. Please refer to these policies prior to making a booking via Offshore Clinical. You will be responsible for all cancellation and amendment fees charged by Medical Service Providers and travel providers in the event that You decide to cancel or amend a booking.
1.2. Our fees are non-refundable. However, once a booking has been made by You, You may freely change Your departure date providing Your new date of departure is within 6 months of the original scheduled departure. If You delay Your departure date beyond 6 months, We reserve the right to charge an additional booking fee of $350.
7. Using the Website
7.1. You agree that You will not engage in any activity that directly or indirectly interferes with or disrupts the operation of the Website or its services in anyway (or the servers and networks which are connected to the Website) or use the Website in a manner that adversely affects the availability of its resources to others.
7.2. We cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and You release Offshore Clinical entirely of all responsibility of any consequences of its use.
7.3. The Website and its contents are provided to You on “as is” basis; the site may contain errors, faults and inaccuracies and may not be complete and current.
7.4. We reserve the right to change the Website at any time.
8. Intellectual Property Rights
8.1. This Website and all content forming part of the Website, including without limitation all photographs, images, designs, information, interfaces, text, graphics, brand names, logos and trademarks, are protected by copyright, trade mark and other intellectual property laws.
8.2. You acknowledge and agree that We own, controls or is licensed all legal right, title and interest in and related to the Website, including all intellectual property rights.
8.3. You may not:
- modify or copy the layout or appearance of the Website or any computer software or code contained in the Website; and/or
- decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
8.4. Except where permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws, and except for the temporary copy held in Your computer’s cache and a single copy for Your own personal use, any of the Website content (including any substantial part of it) must not otherwise be used, stored, copied, reproduced, published, altered, adapted, distributed, printed, displayed, transmitted or commercialised in any form or by any means in whole or part without Our prior written consent.
8.5. If You post material to the Website or correspond or otherwise communicate with Offshore Clinical, You automatically grant to Offshore Clinical an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of Your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on Our Website and developing Your ideas and suggestions for improved products or services We provide.
9. Third party Websites
9.1. This Website may contain links to other web sites controlled by third parties (Third Party Websites).
9.2. We are not responsible for the content or privacy practices of Third Party Websites.
9.3. The Third Party Websites are provided solely for Your convenience and do not constitute, expressly or impliedly, an endorsement by Offshore Clinical of the third party or the products or services provided by the third party or any affiliation between Offshore Clinical and the third party.
9.4. You access Third Party Websites and/or use those Third Party Website’s products and services solely at Your own risk and should make Your own enquiries before relying on any content contained in such Third Party Websites.
10.1. Cookies are small pieces of information that Your browser stores on Your computer hard drive.
10.3. If You disable cookies on Your web browser, You may not be able to fully experience all features of the Website.
11. Accuracy of communications
11.1. You are exclusively responsible for ensuring that all communications, whether in writing or in electronic or paper form, sent by You using the Website are true, complete and accurate.
11.2. If You are aware or should reasonably be aware that a communication has been corrupted, You must re-transmit or re-send that communication as soon as practicable after becoming aware or having the reasonable apprehension that the communication has been corrupted, together with a clear indication that it is a corrected communication.
11.3. To the fullest extent permitted by any applicable laws, We hereby exclude and take no responsibility and will not be held liable for any errors, omissions or misstatements on or related to the Website.
12. Availability, withdrawal and suspension of service
12.1. Whilst We endeavour to provide continuous access to the Website, We do not warrant that Your access will be safe, uninterrupted, timely, secure or error free.
12.2. We may at Our discretion withdraw completely, or suspend for a period of time, the Website, or Your access to it for any reason including without limitation:
- if there is an interruption, system failure, fault, virus, maintenance or repair requirement, unauthorised access, denial of service or other malicious attack on any part of Our computer or telecommunications system;
- if You breach any part of these Terms and Conditions; or
- if You use or assist others to use the Website for an inappropriate or unlawful purpose, including the storage or transmission of inappropriate, unlawful or offensive material.
You warrant that:
(a) You have read and understood the Terms and Conditions and agree to comply with them at all times;
(b) You have not been induced to agree to the Terms and Conditions by reason of any promise, representation, warranty or guarantee or undertaking whatsoever other than as is expressly stated in the Terms and Conditions;
(c) You have been given the opportunity to take legal advice on these Terms and Conditions, on the terms of any insurance product You obtain prior to undertaking a procedure and under which Medical Service Providers offer Medical Services;
(d) You have the power and authority to perform any obligations imposed on You by the Terms and Conditions and have taken all necessary action in order to authorise Your agreement to these Terms and Conditions;
(e) You have complied with all laws; and
(f) You have obtained all third party approvals necessary for You to perform Your obligations under the Terms and Conditions.
14. Exclusion and limitation of liability
14.1. You acknowledge that standards of medical advice, procedures and care outside Australia may be different to those that are applicable in Australia. You further acknowledge that any medical advice, procedure or other service that Offshore Clinical books on Your behalf involve risk of injury or other side effects.
14.2. Offshore Clinical therefore recommends that You take out travel insurance and that You are aware of how Your coverage may be affected by the Medical Services You obtain while overseas and the disclosures You are required to make to Your insurer. We accept no liability for any loss of coverage by You as a result of You receiving Medical Services whilst overseas or for any failure on Your part to disclose relevant matters to Your insurer prior to Your departure.
14.3. We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
14.4. Other than as expressly stated in relation to particular Medical Services, We and Our related bodies corporate, directors, officers, employees, agents, contractors, successors or assignees makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, material or Medical Services referred to by Offshore Clinical or on the Website, except as otherwise provided under applicable laws.
14.5. Subject to any rights You have under any consumer protection law, We exclude to the fullest extent possible under law, all implied terms and warranties whether statutory or otherwise, relating to the subject matter of these Terms and Conditions.
14.6. Where any law (including the Australian Consumer Law) provides a consumer guarantee which may not be lawfully excluded, Our liability will be limited to that provided by law.
14.7. To the maximum extent permitted by applicable law, neither Offshore Clinical, nor Our Related Bodies Corporate, directors, officers, employees, agents, contractors, successors or assigns will be liable for any losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way related to:
- the Website;
- Your use of the Website and any sites linked to the Website;
- any information obtained through the Website;
- Medical Services or travel services provided by third party Medical Service Providers or travel providers;
- services supplied to You following Your use of the Website;
- reliance on or failure to act, on any information or service contained on or accessed through the Website;
- a withdrawal or suspension of availability of a service;
- errors, mistakes, inaccuracies or omissions on the Website;
- personal injury or property damage of any nature resulting from Your access to or use of the Website;
- any unauthorised access to or use of Our secure servers and/or personal information and/or financial information stored on those servers;
- any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through Our Website by any third party;
- the quality of any product or service of any linked sites; or
- an inability to use the Website or with any delay in using the Website including, but not limited to, any interruptions to or cessation of access to the Website,
in any case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.
14.8. Our liability to You for loss or damage of any kind arising out of these Terms and Conditions will be reduced or limited to the extent (if any) that You directly or indirectly cause or contribute to any of the loss or damage.
14.9. Without limiting the foregoing, to the extent permitted by law, Our liability for any claim will at all times be limited to supplying You the Medical Introduction Services offered by Offshore Clinical again.
14.10. You agree to accept sole responsibility for the legality of Your actions under the laws which apply to You. You agree that We, Our affiliates and related entities have no responsibility for the legality of Your actions.
You will at all times indemnify, and keep indemnified, Offshore Clinical and Our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by You or by Offshore Clinical arising from any claim, demand, suit, action or proceeding by any person against You or Offshore Clinical where such loss or liability arose out of, in connection with or in respect of Your conduct or breach of these Terms and Conditions.
16.1. You may stop using the Website at any time for any reason.
16.2. We may suspend or limit Your access to the Website and cease providing Our Services to You prior to You making a booking with Offshore Clinical in Our absolute discretion without notice or liability to You for any reason.
16.3. We reserve the right to, at its discretion, terminate these Terms and Conditions and Your access to and use of the Website at any time.
16.4. The exclusions and limitations of liability made by Offshore Clinical in these Terms and Condition will survive termination or suspension of Your access to the Website.
The obligations contained in clauses 5 (Fees) to 18 (Miscellaneous) survive termination or expiry of these Terms and Conditions.
18.1. You may not assign or purport to assign any of Your rights under these Terms and Conditions without Our prior written consent. We may assign Our rights under these Terms and Conditions on the provision of written notice to You.
18.2. You acknowledge and agree that Offshore Clinical may pay or receive commissions and fees to or from third parties including Medical Service Providers in respect of the Medical Services provided to You.
18.3. These terms and conditions are governed by and will be construed in accordance with the laws from time to time in force in New South Wales and the parties submit to the jurisdiction in the Courts of that State.
18.4. Failure or omission by either party at any time to enforce or require strict or timely compliance with any provision of these Terms and Conditions will not affect or impair that provision in any way or the rights of either party to avail itself of the remedies it may have in respect of any breach of any such provisions.
18.5. The Terms and Conditions form the entire agreement of the parties in respect of the matters dealt with in it and supersedes all prior representations, arrangements, agreements, understandings and negotiations in respect of those matters.