My Secret Fountain of Youth Ltd., (“MSFOY”) is an organizer of your medical procedures overseas. MSFOY is not itself providing you with any goods or services in the capacity of a principal. MSFOY’s primary function is arranging your treatments with hospitals, clinics, and dentists, making information from third parties available to you, and introducing you to third-party providers of goods and services. Except for arranging your medical procedures, MSFOY does not itself supply or provide you any other goods or services. MSFOY is not itself a transport, accommodation, tour, event, medical service, or product provider. Third parties independent of MSFOY provide those goods and services to you. Therefore, it is important for you to obtain and read the service provider’s terms and conditions applicable to the goods or services they provide and make sure that you are aware of any exclusions or limitations of liability imposed by the service provider. Some of these may limit or exclude liability for death, personal injury, delay, and property loss or damage. Third party principals (not sub-contractors to MSFOY) provide all goods and services to you (including tours, travel, activities, meals, consultations, operations, and procedures). MSFOY exercises every reasonable care in the selection of third parties that you are introduced to and whom may provide goods and services to you in connection with your trip. That being said it is important to note that MSFOY is only an agent of the supplier of those goods and services. MSFOY does not make any express or implied representation or warranty that any goods or services supplied by third parties to you will be fit for your required purpose or provided by them with reasonable care and skill. All bookings for goods and services to be provided by third parties are subject to the terms, conditions and limitations of liability as may be separately imposed by tour operators, airlines, hospitals, clinics, hotels, and other providers of goods and services (some of which may limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage).
To the extent permitted by law, MSFOY 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 MSFOY or any third party service provider or in connection with the supply of such goods or services. You release MSFOY and its officers and employees from all such liability and indemnify each of them severally against any such claims that may be made by or through you.
Neither MSFOY nor any of its officers, employees or directors are doctors, dentists or otherwise are qualified to provide information in relation to any medical procedure. You acknowledge and accept that MSFOY (or any of its officers, employees or directors) has not offered any advice or expressed any opinion that a reasonable person would consider as being an advice or opinion in relation to any medical procedure (including with respect to any risks, side effects or otherwise). MSFOY does not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of tour operators, airlines, hospitals, doctors, clinics, dentists, hotels and other providers of goods and services to you directly or indirectly in connection with any trip organized by MSFOY on your behalf. Without limiting the provisions of this clause, you agree to be bound by the terms of any contract between a third party provider of goods and services and yourself (which may be evidenced in writing by the issue of a ticket, voucher, coupon confirmation or the like).
MSFOY does not accept any liability in contract or in tort for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond our 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, or which are not preventable on our part. Except for any condition or warranty implied by law which cannot be excluded, MSFOY makes no statement, representation or warranty that any goods or services supplied by third parties will be fit for your required purpose or provided 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. If any law implies a condition or warranty that cannot be excluded, the liability of MSFOY for a breach of the condition or warranty will be limited as determined by MSFOY 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.
You acknowledge that any medical advice, procedure or other service that you ask MSFOY to book on your behalf carries risk. For example, the information may be incorrect; the procedure may not be successful or may cause injury or have side effects. Accordingly, without limiting the more general provisions of this disclaimer, you specifically represent and warrant to MSFOY that (a) you have obtained or been advised by MSFOY to obtain independent medical advice from an appropriately qualified medical practitioner in relation to any medical services that you have asked MSFOY to book on your behalf (b) MSFOY 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 risks, side effects or otherwise) (c) even though MSFOY may have provided information regarding the availability of medical services or booked medical procedures, products or other services on your behalf, MSFOY 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 MSFOY or its officers or employees responsible in any way.