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Terms and conditions

SURGERY PLANET Inc.

TERMS AND CONDITIONS

Your access to and the use of this Site in any manner whatsoever, shall be subject to the TERMS AND CONDITIONS hereinafter

set forth.

By accessing, using or browsing this site or any of the tabs, pages, or windows in this site, you indicate that you have read, understood and agree to be bound by thisAgreement, and that you understand and intend this User Agreement to be the legal equivalent of a signed, written binding contract between you and SURGERY PLANET LLC.

We reserve the right to amend or modify this Agreement at any time with no prior notice to you. Therefore you must read this Agreement each time you use any of our tools or services or view any content present on our site. Your usage of any tool or service of our site or your viewing of any content on our site subsequent to our modification or change of any condition in this Agreement implies that you agree to be bound by all the terms and conditions of the new version of this Agreement

DESCRIPTION OF SERVICE

SURGERY PLANET LLC, is a leading Medical Tourism Service Agency in the United States specializing in obtaining and collating information pertaining to medical treatment and recuperation packages offered outside the continental United States. In this role, we research and gather publicly available information and provide this information to help you in making a more informed decision about your medical treatment options outside the US. We also provide information regarding transportation, housing and related travel services.

NOT A MEDICAL REFERRAL SERVICE

SURGERY PLANET LLC is not a medical referral service and does not endorse, recommend, or approve any healthcare or travel agency provider listed in the Site. We are not medical professionals and will not discuss or advise any issues relating to medical treatment. We facilitate contact with, and provide information about doctors and hospitals outside the US and provide information about their credentials helping you to make informed decisions. We do not, recommend any preferred or specific doctors or healthcare providers for your desired medical treatment. We encourage and advise you to discuss all medical issues with your medical doctor in the United States, before making a decision on medical treatment outside the United States. With the aid of our medical tourism affiliates around the world and based on our research, we provide information about available medical treatment and recuperation packages to assist you in making informed decisions.

WE ARE INFORMATION PROVIDERS AND NOT PROFESSIONAL ADVISERS

You agree to assume all responsibility in connection with choosing any doctor for your desired procedure. We assume no responsibility or liability for any treatment or other services rendered by any doctor, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.

DISCLAIMERS

This site is for informational purposes only. Although we strive to provide the most accurate, up to date information possible, the site may contain technical inaccuracies or typographical errors, and may be altered or updated without notice. We assume no responsibility nor do we grant any warranties, express or implied relating to the operation, safety, condition or service vis-à-vis the credentials of any physician, health care provider, hospital, aircraft, motor vehicle, boat, other conveyance, inn, lodge, or hotel and/or products associated with such entities or services that are used wholly or in part by, for or on behalf of you. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damages, or other damages or expenses resulting therefrom. Information that you view on our site may be inaccurate, incomplete or misleading. We do not screen the content that we provide on our site. Please use common sense when viewing any claims made by any third party that may be published on our site or that you may learn indirectly via our site and verify all claims with your own independent health care provider. We are not responsible for the claims of any advertisements that appear on our site.

DISCLAIMERS

This site is for informational purposes only. Although we strive to provide the most accurate, up to date information possible, the site may contain technical inaccuracies or typographical errors, and may be altered or updated without notice. We assume no responsibility nor do we grant any warranties, express or implied relating to the operation, safety, condition or service vis-à-vis the credentials of any physician, health care provider, hospital, aircraft, motor vehicle, boat, other conveyance, inn, lodge, or hotel and/or products associated with such entities or services that are used wholly or in part by, for or on behalf of you. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damages, or other damages or expenses resulting therefrom. Information that you view on our site may be inaccurate, incomplete or misleading. We do not screen the content that we provide on our site. Please use common sense when viewing any claims made by any third party that may be published on our site or that you may learn indirectly via our site and verify all claims with your own independent health care provider. We are not responsible for the claims of any advertisements that appear on our site.

LIMITATIONS OF LIABILITY

You agree that neither our international affiliates nor we will be liable for any damages resulting from your use of, or reliance upon, this site, or any site materials, or any services obtained on or through this site. In the event of any problem with this site, any site materials, or services obtained on or through this site, you agree that your sole remedy is to cease using such items. You agree that under no circumstances will SURGERY PLANET LLC or any of our affiliates directors, officers, members, employees, agents, representatives, servants, attorneys, predecessors, successors or assigns, be liable for any indirect, incidental, special, punitive, exemplary or consequential damages (including, but not limited to, lost profits and damages that result from inconvenience, delay, or loss of use) arising out of use of this site, any site materials, arrangements made based on information obtained on or through this site, or products or services obtained on or through this site, even if we or they have been advised of the possibility of such damages.

INDEMNITY

You agree to defend, indemnify, and hold harmless SURGERY PLANET LLC and our affiliates, and our and their respective directors, officers, members, employees, agents, representatives, attorneys, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from (i) your use of this Site, any site materials, or services obtained on or through this Site, (ii) any arrangements you make based on information obtained on or through this Site, or (iii) any breach by you of our Terms & Conditions.

JURISDICTION

You agree that this User Agreement shall be governed by and construed in accordance with the laws of the State of California., USA We agree that any legal action or proceeding under or with respect to this Agreement may be brought in the courts of the State of California or the United States having jurisdiction in California state; and for the purpose of any such legal action or proceeding, you hereby submit to the jurisdiction of such courts. You hereby agree not to raise and waives any objection to or any defense based upon the venue of such courts and any objection or defense based upon an inconvenient forum.

ARBITRATION

Except as otherwise expressly provided in this User Agreement, any dispute or claim arising under or with respect to this User Agreement will be resolved by arbitration under the provisions of the US Arbitration Laws (Courts and Judicial Proceedings), as amended from time to time). The arbitrator in any proceeding may award reasonable costs and expenses, including reasonable attorneys’ fee, to the prevailing party.

FOREIGN USAGE

We make no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this site from outside the United States of America (USA). Do not use this site if such usage violates the laws of the jurisdiction in which you reside, including the laws of any state of the United States or any USA federal law or regulation.

INTELLECTUAL PROPERTY RIGHTS

Copyright and Ownership
Copyright © SURGERY PLANET LLC All Rights Reserved

All of the Site Materials, including the content and display of this Site are the property of SURGERY PLANET LLC . The Site Materials are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations. Other names and logos contained in this Site or in the Site Materials are trademarks and service marks of our affiliates and may not be used without the permission of the trademark or service mark owner.

PRIVACY POLICY

The information that we collect from our users is used only to facilitate the selection of desired destination for medical procedure. We do not sell or share your information to any third party at any time without your permission. The protection of our users' personal information is extremely important to us. Therefore, we have adopted a privacy policy outlining our personal information collection and usage. Please refer to it for details about how we collect and use personal information from users of this Site. Any changes to the Privacy Policy will be posted on this Site, and you should periodically consult this Site to stay apprised of any such changes.

LINKS TO OTHER SITES

All participants will be required to make payment through certified or personal check in order to confirm all bookings or services. Four weeks prior to departure, deposit amounting upto 25% of the total procedure price will be required to reserve booking. The Gold Club Membership (GCM) fee, which entitles the participant to receive priority service, is non-refundable and non-transferable. Please do not apply for the GCM unless you are absolutely certain of your interest in the services of SURGERY PLANET LLC

CANCELLATION & CHANGES

Because of the special nature of the medical and tour packages featured in this Site, our affiliates may impose variable cancellation fees. You agree that SURGERY PLANET LLC has no control over such fees and cannot consider making any exceptions to these charges. Airfares are subject to different rules and cancellation fees; some maybe non-refundable. To protect against cancellation charges, we strongly recommend purchasing Cancellation Protection and Travel Interruption Insurance.

TRAVEL DOCUMENTS

All participants must be in possession of a valid passport during the time of travel. Depending on the duration of the visit, a Visa may be required for some or all of the countries visited. Please check your visa requirement at the time of booking.SURGERY PLANET LLC will provide visa information when applicable.

PRICES, RATES, AND FARES

Unless otherwise indicated, all prices and rates are shown in United States Dollars and are per person. These prices are in effect for 2009 and are subject to change at any time prior to departure.

NEWS LETTER

We provide free monthly Newsletter that you may subscribe to if you wish. You agree to independently investigate the claim of any third parties that you learn about in this Newsletter and to refrain from seeking any professional care from any third party that you learn about in the Newsletter unless you have first consulted with your own personal health care provider. We also allow our site users to request reception of information directly from foreign health care providers. In the event that you select to use that function, you agree to refrain from seeking any health care services from anyone who contacts you unless you have first consulted with your own health care service provider. The selection of any health care provider, not licensed within the United States of America is at your own sole risk and you agree to hold us harmless and to indemnify us from any loss, damages or injuries that you may sustain should you accept health care services from any entity, person, or facility outside the United States of America or any health care service provider or facility that is not duly licensed within the United States of America.

GENERAL RULES

Site members and visitors shall not:

Violate the law of any jurisdiction while visiting our site or using any tool or service that we provided.

Harass or Cyberstalk any user.

Conduct any activity that is harmful or detrimental to our site as solely determined by us.

Post any information or content that is obscene, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction.

Upload any material that is harmful to our user's computers or objectionable to our community as a whole.

Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent.

Falsely represent your professional or business credentials or professional background.

You must be of adult age in your jurisdiction to use this site or to become a member of this site. In any event, no user or member may be under the age of 18 years age. Parents or guardians of minors may enroll as a member on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides. We may post rules, guidelines or policies. Upon the posting of such materials, they immediately become incorporated by reference into this Agreement as if fully set forth herein. Any user may terminate their use or membership at this site at any time. We may terminate usage or membership of any person or entity at any time for any reason we deemappropriate with no prior notice to the person or entity whose membership or usage is being terminated.

DISCLAIMER OF WARRANTY

We issue no warranty whatsoever and do not make any representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness or fitness for any general or particular purpose of the site, or the tools, products or services herein supplied or sold or regarding the characteristics of services provided by or through the site, or regarding the timeliness, accuracy or usefulness of information obtained from or through the site. The site and all content contained, distributed, sold or published via the site is provided to you "As Is, Where Is", without any warranty of any kind, express or implied.

TERMINATION OF SERVICE & CLAIM FOR DAMAGES

We reserve the right to terminate any and all service provided to you (either as a group or as an individual user or member) at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any condition of this Agreement.

AUTOMATIC VIEWING OR USAGE OF THIS SITE

You may not use any automated scripts or Bots to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.

PURCHASES

Should you purchase a service or product from us, you agree to provide us with true, complete and correct credit information, that your credit card company will honor the charge you have placed against your account, that you will refrain from charging back the charge for any reason and that you will in fact pay for the product or service that you have ordered or placed, including all applicable taxes.

LINKS TO THIRD PARTY SITES

We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.

SUBMISSIONS

All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. Submissions may be treated as letters to the editor or suggestions/ideas type of email or letters that you might send us. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions support a legal cause of action.

NOTICE

Notices to you may be issued via electronic mail or by surface mail, at our sole selection.

FORCE MAJEURE

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labour disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances.

LICENSE

You are granted a Non-Exclusive, Non-Transferable and Revocable License to access and use this site according to the terms and conditions of this Agreement. You may use the site only for personal, non-commercial usage.