MedicalTourism.com Featured Page & Add-ons Service Agreement
Featured Provider Page, Featured Facilitator Page, Featured Doctor Page, and any other Featured Page are hereinafter referred to as “Featured Page” hereinafter.
THIS IS A LEGALLY-BINDING AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY.
1. Acknowledgement& Acceptance of Agreement
- Pursuant to this Agreement, Advertiser submits business information(s) and/or link(s) to, its website(s) for inclusion on MedicalTourism.com's website. If the information meets the Global Healthcare Resources Publishing Department guidelines, the creation of the Featured Provider Page will be created and added to MedicalTourism.com. At the time of the form submission or after approval the Advertiser can choose the purchase two type of “add-ons”, these products are set on a monthly or annual auto-renewal program. The monthly renewal add-on has a minimum purchase of three months.
- Information Submission: The Global Healthcare Resources editorial team will review the information submitted by Advertiser to determine whether the information and its applicable website is eligible for publishing or not. If the information submitted does not meet the Global Healthcare Resources publishing criteria, the editorial team will communicate to the Advertiser the changes or updates needed; and if the information was denied entirely.
- Information Submission Denied: To uphold the veracity and quality of the information published in our web site, Global Healthcare Resources Publishing Department follows very rigorous guidelines. These are some examples of why the request might be denied, and MedicalTourism.com reserves the right to disqualify at its discretion any Featured Page submission request.
i. Information provided cannot be confirmed
ii. Advertiser has a legal issue, lawsuit, or has been subject to any regulation, ruling, order or legal action by any governmental body or medical association
iii. Payment failed or it was disputed
- Featured Page Application: This product is for basic inclusion of a website title, description and URL ('Featured Page') on the MedicalTourism.com site and is sold on an inclusion basis and subjected to approval. THE PAYMENT IS IN CONSIDERATION FOR MEDICALTOURISM.COM'S EDITORIAL REVIEW OF THE ADVERTISER’S COMPANY INFOMATION SUBMISSION AND IS THEREFORE NON-REFUNDABLE, EVEN IN THE EVENT THAT MEDICALTOURISM.COM DECLINES TO INCLUDE ADVERTISER'S INFORMATION.
- MedicalTourism.com may, at any time in its sole discretion, with or without cause, and
especially with regards to its commitment to ethics, transparency, and to protect reputation, terminate this Agreement and/or cancel any listings or links submitted under this Agreement. If the Featured Page request is denied, or canceled and removed, there shall be no refunds.
2. Notification of Changes
MedicalTourism.com may, at any time in its sole discretion, change the terms of this Agreement. Modifications may include, without limitation, increases to the renewal fees charged for the Featured Page Services and its add-ons.
Whenever MedicalTourism.com changes this Agreement, it will post those changes to its website at medicaltourism.com/featured-page-terms and will update the 'Last Updated' date at the top of this Agreement on its website. A courtesy e-mail with the updated version will be send to Advertiser to notify Advertiser of the changes made to the e-mail on file. It is up to the customer responsibility to keep their profile information up to date and to report any changes/updates to their personal/company information. The revised terms will become effective on the date MedicalTourism.com posts such changes to its website. If the event Advertiser disagree with the new terms and want to cancel the product(s), please refer to the cancellation process in this contract.
3. Term of Agreement
Billing and Payments
- Credit Card Policy: Upon entry of credit card information, credit cards will be validated by the system, prompting the professional of any error or a problem with the card in use, allowing the reentry of another valid card.
At the time of purchase Advertiser’s credit or debit card token will be stored in our system for future renewal fees for the Featured Page, or enrollment/renewal payment of any add-ons subscriptions. In all cases the credit or debit card must remain on file for the duration of the service (s). Credit cards will only be charged in accordance with these terms. Currently, we accept the following credit cards: American Express, VISA, MasterCard and Discover Card.
All Featured Pages and add-ons are under auto-renewal policy, Global Healthcare Resources is not obligated to send Advertise any renewal or advance billing notices or other notices indicating that Advertiser’s debit or credit card will be or has been charged. A courtesy e-mail will be sent as receipt of payment.
It is the Advertiser’s responsibility to maintain valid cards on file and to replace any card that is no longer authorized and/or expired.
Advertiser may replace the credit card on file at any time. If a card is removed but not replaced, services for this product will be frozen until a new valid credit card is added and validated by the system. Removing a debit or credit card from the system does not release Advertise from the liability for any outstanding past due or upcoming fees as per the cancellation policy.
If the required payment method fails or the account is past due, Global Healthcare Resources may collect amounts owed by obtaining other payment methods provided by the Advertiser, or by retaining collection agencies and legal counsel. Global Healthcare Resources may also report information about Advertiser’s account to credit bureaus or Advertiser’s country local financial entities and as a result, late payments missed payments, or other defaults on Advertiser’s account may be reflected in Advertiser’s credit report.
If Advertiser wishes to dispute the information GHR reported to a credit bureau or Advertiser’s country local financial entities (i.e., Experian, Equifax or TransUnion) please contact us at Global Healthcare Resources 4371 Northlake Boulevard, Suite 304, Palm Beach Gardens, Florida, 33410. If Advertiser wishes to dispute the information reported by a collection agency to a credit bureau regarding Advertiser’s past due balances, Advertiser must contact the collection agency directly.
- Billing Cycle: All Featured Provider pages will be automatically set up in an annual renewal cycle. Add-ons will be set up on a monthly billing cycle. Categories add-ons for the Featured Page will be set up on an annual cycle. If any of these products are no longer needed, please refer to the cancellation policy to terminate the service, and to learn how to avoid responsibility on upcoming fees.
Add-ons are set up on a monthly basis,and have a minimum purchase of three months.
- Auto-Renewal: Advertiser's Featured Page and Categories add-ons are automatically set up on an annual subscription process and it will be automatically renewed for successive one-year terms.
Any other add-on except for the Category add-on will be set up on a monthly auto-renewal process.
If these services/products are no longer needed, the Advertiser must notify the MedicalTourism.com following the cancellation guidelines as described in this contract.
- Late Payments: Any charges which are past due by more than thirty (30) days shall bear interest at the rate of ten percent (10%) per month, or the maximum rate permitted by applicable law, and Advertiser shall reimburse MedicalTourism.com for any costs and fees (including attorneys' fees) incurred by MedicalTourism.com in an effort to collect any amount due hereunder.
- Cancellation process: If the products included in this contract are no longer needed, a written cancellation request must be sent to email@example.com with the product name. MedicalTourism.com will reply with the cancellation formation and any additional information.
i. Annual billing cycle products: To avoid paying for any upcoming renewal fees the cancellation request must be received in writing sixty (60) days prior to the renewal date. Failing to comply with this regulation will not stop the auto-renewal fees. Only products current with payment can be cancelled.
ii. Monthly billing cycle products: Any purchase of a subscription ( a reoccurring payment) for any product or service has to be purchased for a minimum of three months. Products under this category have a minimum of three (3) months purchase, and can be canceled by sending a written request to firstname.lastname@example.org five (5) days prior to the renewal date to ensure we can process the request and remove the add-ons from the system.
iii. Failure to follow the cancellation process above described, will result in the auto-renewal for another bill cycle.
iv. If the Advertiser disputes the payment before or after the cancellation is granted by Global Healthcare Resources, Advertiser will be responsible for any and all fees incurred to collect the payment for services rendered, including but not limited to bank fees, lawyers, etc. Global Healthcare Resources may collect amounts owed by obtaining other payment methods provided by the Advertiser, or by retaining collection agencies and legal counsel. Global Healthcare Resources may also report information about Advertiser’s account to credit bureaus or Advertiser’s country local financial entities and as a result, late payments missed payments, or other defaults on Advertiser’s account may be reflected in Advertiser’s credit report.
v. If Advertiser wish to dispute the information GHR reported to a credit bureau or Advertiser’s country local financial entities (i.e., Experian, Equifax or TransUnion) please contact us at Global Healthcare Resources 4371 Northlake Boulevard, Suite 304, Palm Beach Gardens, Florida, 33410. If Advertiser wishes to dispute the information reported by a collection agency to a credit bureau regarding Advertiser’s past due balances, Advertiser must contact the collection agency directly.
vi. All cancellations of online products must be received prior to the renewal date, as there is an internal back-end process to remove the information, which it may take several days.
vii. If MedicalTourism.com is unable to process Advertiser's credit card payment because the credit card has expired or is otherwise invalid, then MedicalTourism.com may contact Advertiser to obtain new payment information. At this time, if Advertiser needs to cancel any product, Advertiser may do so. However, Advertiser are still responsible for a new bill cycle payment, as there is no retro cancellation in this contract. The new payment information will be added to the Advertiser’s profile and will be used to auto-pay any and all upcoming fees.
4. Editorial Standards and Requirements
Advertiser's Featured Page and add-ons entries written by MedicalTourism.com, or written by Advertiser are subject to MedicalTourism.com's approval. Advertiser agrees to be bound by and follow the MedicalTourism.com editorial standards which require but are not limited to perfect English spelling, grammar, and phrasing, high-quality images, etc. Advertiser's submissions to the MedicalTourism.com site will be subject to MedicalTourism.com editorial review, modification and/or removal in MedicalTourism.com's sole discretion. MedicalTourism.com reserves the right, but not the obligation, to review Advertiser submissions.
5. Liability and Indemnity
- ADVERTISER REPRESENTS AND WARRANTS THAT ITS LISTINGS, LINKS AND SUBMISSIONS TO THE MEDICALTOURISM.COM SITE DO NOT, AND WILL NOT INCLUDE CONTENT, OR LINKS TO CONTENT, WHICH MAY RESULT IN A CLAIM AGAINST, OR CIVIL OR CRIMINAL LIABILITY TO, MEDICALTOURISM.COM OR THAT OTHERWISE VIOLATES APPLICABLE LAW OR THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTENT THAT IS FRAUDULENT, DECEPTIVE, LIBELOUS, DEFAMATORY, OBSCENE, PORNOGRAPHIC, ADULT-THEMED, INFRINGING OR THAT VIOLATES THE PRIVACY, PUBLICITY OR ANY OTHER RIGHT(S) OF A THIRD PARTY.
- ADVERTISER HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS GLOBAL HEALTHCARE RESOURCES AND MEDICALTOURISM.COM AND ITS AFFILIATES AND PARTNERS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, AGENTS, LICENSEES AND EMPLOYEES, FROM AND AGAINST ALL THIRD PARTY CLAIMS, ACTIONS, LIABILITIES, LOSSES, EXPENSES, DAMAGES, AND COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES (COLLECTIVELY, 'LOSSES') THAT MAY AT ANY TIME BE INCURRED AS A RESULT OF ANY THIRD PARTY CLAIMS, SUITS OR PROCEEDINGS: (A) ARISING OUT OF ANY BREACH BY ADVERTISER OF ANY DUTY, REPRESENTATION OR WARRANTY UNDER THIS AGREEMENT; OR (B) ARISING FROM THE CONTENT OR SUBJECT MATTER OF ANY ADVERTISER PAGE, LISTING, LINK, SUBMISSION OR CONTENT OF SITES TO WHICH VISITORS CAN LINK THROUGH ADVERTISER'S LINKS OR LISTINGS. MEDICALTOURISM.COM RETAINS COMPLETE EDITORIAL DISCRETION WITH RESPECT TO ALL LISTINGS AND LINKS, INCLUDING, WITHOUT LIMITATION, REGARDING THE SELECTION, PLACEMENT, KEYWORDS, TITLE, DESCRIPTIONS AND MULTILINKS.
- Advertiser agrees to defend, indemnify and hold harmless Global Healthcare Resources, Medical Tourism Association and MedicalTourism.com and its affiliates and partners, and its directors, officers, shareholders and employees from and against any claims, liabilities or damages (including without limitation, reasonable costs and attorney's fees) incurred by Global Healthcare Resources, Medical Tourism Association and MedicalTourism.com to the extent caused by the Advertiser’s medical malpractice, fraud, negligent acts, errors or omissions or breach of this Agreement, including judgments in favor of any third party, as well as the Advertiser’s failure to comply with or abide by any applicable law. Advertiser shall indemnify Global Healthcare Resources, Medical Tourism Association and MedicalTourism.com its directors, officers, shareholders and employees from and against any claims, liabilities or damages (including without limitation, reasonable costs and attorney's fees) for any actions or suits for medical malpractice or negligence.
MedicalTourism.com endeavors to protect the security of Advertiser's payment information during transmission by using Secure Sockets Layer ('SSL') when receiving payment information through the MedicalTourism.com website. It is important for Advertiser to protect against unauthorized access to Advertiser’s password and Advertiser’s computer. Advertiser are solely responsible for maintaining the confidentiality of Advertiser’s account and password and for restricting access to Advertiser’s computer, and Advertiser agrees to accept full responsibility for all activities conducted using Advertiser's account on MedicalTourism.com.
7. Confidential Nature of Work
- In the course of MedicalTourism.com’s work for Client, Advertiser may receive confidential information. “Confidential Information” means any proprietary business, financial, or technical information, confidential in nature, regardless of whether such information is designated as Confidential Information at the time of its disclosure by MedicalTourism.com, used in or relating to the business activities of MedicalTourism.com, that is disclosed either verbally or in writing to Advertiser in connection with this Agreement; and
- Advertiser agrees that such information will be used only in connection with the provision of the Services with MedicalTourism.com and will be retained in confidence against disclosure to others for a period of five (5) years from the termination of this Agreement or until it becomes publicly available through a properly authorized source. Information and data resulting from the performance of MedicalTourism.com services for Advertiser shall be the property of MedicalTourism.com. For a period of five (5) years Advertiser will not disclose such information or data to others without the written consent of MedicalTourism.com.
8. Registration Information
In connection with the Featured Page program, Advertiser is required to submit registration information. MedicalTourism.com may use such information to contact Advertiser regarding its listings and links. MedicalTourism.com may disclose such information to its third party vendors and service providers in connection with conducting its business and providing and maintaining its site, and, in addition, in the good faith belief that such disclosure is reasonably necessary to (a) comply with the law or legal process; (b) enforce this Agreement; or (c) protect the rights or interests of MedicalTourism.com, its affiliates or related parties. Notwithstanding anything to the contrary herein, MedicalTourism.com may transfer, sell or assign such information to third parties as a result of a merger, consolidation or combination of MedicalTourism.com with another entity.
- Advertiser hereby grants to MedicalTourism.com a perpetual worldwide, limited, non-exclusive, non-transferable, royalty-free license to: (i) reproduce, distribute, transmit, display, perform, download, cache, store on its servers, and otherwise use Advertiser's listings and submissions, and any portion thereof, including, without limitation, the trademarks, trade names, service marks and logos set forth therein, or as otherwise specified in writing by Advertiser (collectively the 'Advertiser Marks'), for purposes of providing the services covered by this Agreement; and (ii) incorporate in MedicalTourism.com's sites links provided by Advertiser as part of its listings and submissions.
- Advertiser grants the right to MedicalTourism.com to place watermarks on any of Advertiser’s pictures if MedicalTourism.com chooses in an effort to protect from other websites stealing the content.
10. Warranty Disclaimer
NEITHER MEDICALTOURISM.COM NOR ITS SUPPLIERS OR VENDORS MAKE ANY WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), GUARANTIES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN OR OTHERWISE. MEDICALTOURISM.COM'S OBLIGATIONS UNDER THIS AGREEMENT ARE SUBJECT TO DELAYS CAUSED BY WAR, TERRORISM, ACT OF GOD, EMBARGOES, OR ANY OTHER CIRCUMSTANCES BEYOND MEDICALTOURISM.COM'S REASONABLE CONTROL. ADVERTISER ACKNOWLEDGES THAT MEDICALTOURISM.COM'S SITE IS OPERATED ON AN 'AS IS', 'AS AVAILABLE' BASIS, AND THAT NEITHER MEDICALTOURISM.COM NOR ITS SUPPLIERS OR VENDORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PLACEMENT OF LISTINGS OR LINKS OR THE PERFORMANCE OR SECURITY OF ITS WEBSITE OR SERVICES.
11. Limitation of Liability
IN NO EVENT SHALL MEDICALTOURISM.COM OR ANY OF ITS SUPPLIERS, VENDORS OR AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND REGARDLESS OF THE CAUSE OF ACTION UPON WHICH ANY SUCH CLAIM IS BASED. IN NO EVENT SHALL MEDICALTOURISM.COM'S LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE FEES PAID TO MEDICALTOURISM.COM BY ADVERTISER UNDER THIS AGREEMENT DURING THE SIX-MONTH PERIOD PRIOR TO THE TIME THE APPLICABLE CLAIM ACCRUED.
In no event shall Advertiser collect, or cause or permit the collection of, any Personal Information (as defined below) from users of MedicalTourism.com's site while such users are browsing or viewing MedicalTourism.com's sites, or place any file or code, including cookies, on the personal computers of users of MedicalTourism.com's sites while such users are browsing or viewing MedicalTourism.com's sites. MedicalTourism.com's privacy policies shall apply to users of MedicalTourism.com's website while users are browsing or viewing MedicalTourism.com's site, and Advertiser shall comply with same. MedicalTourism.com shall own all information relating to user access to MedicalTourism.com's site, including, but not limited to, all Personal Information, demographics and usage information gathered therefrom. 'Personal Information' includes an individual's name, address, e-mail address, age, date of birth, credit card or other financial information, or any other contact or personal information about an individual or from which the personal information about an individual can be derived, including that which the user may submit through a form on the Advertiser’s Featured Page.
13. Reservation of Rights
Advertiser agrees that MedicalTourism.com retains all right, title and interest in and to MedicalTourism.com's technology, services and other intellectual property rights. Advertiser agrees that it will not reproduce, distribute, alter, modify, copy, edit, format, create derivative works of or otherwise use any materials, content or technology provided by MedicalTourism.com, except as explicitly provided herein or approved in advance in writing by MedicalTourism.com.
- MedicalTourism.com reserves the right, in its sole discretion, to (i) remove Advertiser's Featured Page and/or cancel Advertiser's account for any reason or no reason; (ii) change the fees for Featured Page; (iii) change the procedures or rules for obtaining or maintaining a Featured Page; (iv) alter the content or other aspect of any Featured Page; and (v) discontinue Featured Page and/or the MedicalTourism.com Directory or website. Payment of Advertiser's fee will not guarantee that Advertiser's Featured Page(s), link(s) and/or account will remain on the MedicalTourism.com directory or website if Advertiser or Advertiser's Featured Page is deemed to be in violation of any term or condition of this Agreement. Upon any termination or expiration of this Agreement, Advertiser shall promptly pay MedicalTourism.com all moneys due hereunder.
- Receipt times of all submissions, notices and other correspondences and transactions via the MedicalTourism.com site are measured based on receipt by MedicalTourism.com's servers.
- This Agreement: (a) shall be governed by and construed in accordance with, the laws of the State of Florida in the county of Palm Beach, without giving effect to principles of conflicts of law; (b) constitutes the complete and entire expression of the agreement between the parties with respect to the subject matter hereof; and (c) shall supersede any and all other agreements, whether written or oral, between the parties, including, without limitation, any print, online and electronic promotional materials. Venue and jurisdiction for this agreement shall be subject to exclusive personal jurisdiction of Palm Beach County, Florida, USA.
- All waivers hereunder by MedicalTourism.com must be expressly made in writing. Should any provision of this contract be held to be void, invalid, or inoperative, such provision shall be modified to reflect the fullest enforceable intent of the parties, or if such modification is not possible, severed, and the remaining provisions of this contract shall not be affected and shall continue in full force and effect.
- Any rights or obligations hereunder may not be transferred or assigned by Advertiser without the prior written consent of MedicalTourism.com. MedicalTourism.com may freely assign and delegate the Agreement and any of its rights and obligations hereunder.
- Advertiser is purchasing a Featured Page. Advertiser must purchase a lead form as an upgraded monthly option to receive leads. A Featured Page shall not include advertising on third party websites unless Advertiser has purchased an advertising package that includes advertising on third party websites.
- MedicalTourism.com provides no guarantee or minimum number of leads or the quality of leads. MedicalTourism.com does not promise or guarantee any results from a Featured Page or advertising.
- Advertiser is prohibited in reselling leads or providing from its Featured Page to any other organization or individual. Advertiser agrees that it shall follow all applicable laws, regulations, and common courtesy when contacting or using leads from MedicalTourism.com.
- Advertiser shall, directly or indirectly, take or fail to take, any action with the intent or effect of avoiding or otherwise circumventing any provision or the intent of the parties of this Agreement, including, without limitation, the payment of any fees provided for hereunder.
- Advertiser shall not solicit any employee, subcontractor of Global Healthcare Resources or MedicalTourism.com for a period of two (2) years after the termination of this Agreement.
- This Agreement is binding upon and will inure to the benefit of the Advertiser and MedicalTourism.com and their respective successors and assigns. The Global Healthcare Resources or MedicalTourism.com may assign its rights or obligations hereunder without the prior written consent of the other party.
- If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and the provision declared invalid or unenforceable shall continue as to other circumstances.
- This Agreement shall not be construed against the party who drafted it.
- Notwithstanding any statute to the contrary, the parties agree that any action to enforce or interpret this Agreement shall be initiated within two (2) years from the time the party knew or should have known of the facts giving rise to its action, and shall not in any case be initiated later than the applicable statute of limitations.
- This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original instrument, but all of which taken together shall constitute one instrument.