Service Providers and Medical Facilities
are defined as those who provide/offer their various services,
treatments etc. for free or for a cost through MedicalTourism.net
( the first party, MTCompanyPortal , we, us etc.) [ and its
partners, franchises, agents, affiliates etc.] including but
not limited to Doctors, Clinics, Hospitals etc; which will
be called second party [you, your etc.] henceforth.
These Conditions (including the guides and rules referred
to herein) constitute the entire agreement regarding your
use of the MTCompanyPortal, superseding any prior agreements
between Service Providers and Medical
Facilities and the MTCompanyPortal (including its
providers and affiliates). Any failure by MTCompanyPortal
(including its providers and affiliates) to exercise or enforce
any right or provision of the conditions (Terms of Service)
shall not constitute a waiver of such right or provision.
If any provision of the conditions is found by a court of
competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the
other provisions of the Conditions remain in full force and
effect.
| MedicalTourism.net [the
first party] does not offer any free listing to
any Service Providers and Medical
Facilities [the second party]. |
| MedicalTourism.net will market
competent, reliable and modern Service
Providers and Medical Facilities through multidimentional
means; which is at a cost; which should be paid in advance. |
| An advance of minimum 50% should be paid in advance
before the marketing starts. However we reserve to decide
the minimum advance to be paid in advance; in certain
cases it would be 100%. |
| The remaining % of the marketing cost should be paid
immediately on completion of the listing of the second
party's details in our portal MedicalTourism.net. |
|
In case the second party
fails to pay the remaining
% of marketing fees even after one
month from the listing of the second
party's details in our portal MedicalTourism.net
then the Service Providers and
Medical Facilities [the second party] will be
liable to pay a fine of 25% of the total marketing fees
to MedicalTourism.net.
If the second
party fails to pay the remaining
% of marketing fees and the fine for first month
even after the second month from
the listing of the second party's
details in our portal MedicalTourism.net
then the Service Providers and
Medical Facilities [the second party] will be
liable to pay a fine of 50% of the total marketing fees
to MedicalTourism.net, in addition of the remaining
% of marketing fees, fine of 25% of the total marketing
fees [for the first month], interest for the total amount,
any other cost incured, any additional fees/fine charged
by the first party etc.
|
| The second
party will be bound to pay the legal fees and other expences
of the first party incured
in order to recover the amount due. |
| From the third month onwards the
second party will be bound to pay a fine
of 25% of
the total marketing fees; for each additional month
till the total marketing fees, fines and any other pending
amount is paid to the first party
in the full amount without any arriers. |
| The second
party will be bound to pay any additional
expences incured on behalf of them to the first
party for marketing, promotion etc. |
| MedicalTourism.net reserves
the right to act as a mediatory between the second
party and the patients/ tourists for any
dispute arising between them. The decision of MedicalTourism.net
should be considered as final by both parties. |
| Governing Law
The use of this site and the interpretation and application
of these terms of use shall be governed by, and construed
and enforced in accordance with, the laws of the State
of Kerala, excluding conflict of laws principles that
would cause the application of laws of any other jurisdiction.
USER AGREES THAT ANY ACTION REGARDING THIS AGREEMENT
OR THE USE OF MTCompanyPortal SHALL BE SUBJECT TO THE
JURISDICTION OF Kerala, AND SHALL BE BROUGHT IN Kerala.
Any attempt by any party to bring an action in any jurisdiction
outside of Kerala shall constitute a material breach
of this agreement by said party, and the party bringing
such suit outside Kerala shall be liable for any attorney's
fees incurred by MTCompanyPortal (including its providers
and affiliates) in moving for transfer of the action
to Kerala regardless of whether the party ultimately
prevails on the merits.
|
| MedicalTourism.net
reserves the right to change any
general Terms of Service & Use and Terms
of Service & Use for Service Providers and Medical
Facilities without any prior notification. Service
Providers and Medical Facilities will be bound
by the latest one displayed in our portal www.medicaltourism.net.
|
Dental