Terms of Service
These terms and conditions (the “Terms”) set out the legal terms on which our Services are made available to you. They also cover any interactions or communications you have with us through our Service.
Your use of our Service is conditioned upon your acceptance of these Terms. We may change these Terms at any time and your future use of our Service following changes to these Terms is subject to you accepting those updated Terms.
In these Terms:
“we“, “us” or “our” refer to Medical Avenue, a company incorporated under the laws of the Republic of Korea, having its registered address at Suite 1021, 10th Fl., Kyobo Securities Building, 97 Uisadang-daero, Youngdeungpo-gu, Seoul, Korea, which provides our Service;
“our Service” refers to communicating with Medical Service Providers on your behalf to receive detailed information on medical specialties, liaising with Medical Service Providers on your behalf for the possible provision of Medical Services to you, reserving hotel rooms on your behalf, the use of our mobile application, the use of our website, and other related information-gathering and liaising activities;
“Medical Services” refers to the medical services made available to you by the relevant Medical Service Provider(s) through our Service;
“Medical Service Provider” refers to the medical service provider that is located in the Republic of Korea or Turkey and is making available the Medical Services to you through our Service;
“reservation” means the appointment made between you and a Medical Service Provider for the receipt by you of Medical Services from the Medical Service Provider, and in the case of hotels, the reservation of a hotel room or rooms for the period of receiving the Medical Service;
“you” refers to you as the user of our Service.
Section 1. Terms of Service of the Medical Service Provider
As well as these Terms, other terms and conditions may be provided by Medical Service Providers (e.g., a Medical Service Provider’s own terms and conditions for the provision of Medical Services) (the “Terms of Service of the Medical Service Provider”). You understand that Medical Avenue is not and will not be a party to any contractual relationship entered into between you and any Medical Service Provider that may result from your use of our Service.
If you violate the Terms of Service of a Medical Service Provider, your reservation may be cancelled and you may be denied access to the relevant Medical Service. You may also lose any money paid for such reservation.
Section 2. Using our Service
Our rules
We provide our Service to help you find information about Medical Services and to assist you in reserving those Medical Services. It is provided to you for no other purpose.
You agree that:
- you will only use our Service for your personal and non-commercial purposes;
- you are at least 18 years of age and have the legal authority to enter into contracts;
- you will use our Service lawfully and in compliance with these Terms;
- all information supplied by you is true, accurate, current and complete;
- if you have an account with us, you will:
- safeguard your account information
- be responsible for any use of your account by you or others;
- if you act or make a reservation on behalf of others:
- you will obtain their authorization prior to acting on their behalf;
- you will inform them about the terms that apply to the reservation (including the Terms of Service of the Medical Service Provider) and ensure that they agree to such terms;
- you are responsible for paying any amounts due, for making any change/cancellation requests and for all other matters relating to the reservation.
You also agree not to:
- make any false or fraudulent reservations;
- access, monitor or copy any content on our Service using any robot, spider, scraper or other automated means or any manual process;
- violate the restrictions in any robot exclusion headers on our Service or bypass or circumvent other measures employed to prevent or limit access to our Service;
- take any action that imposes, or may impose, an unreasonable or large load on our infrastructure
Access
We may, acting reasonably, deny anyone access to our Service at any time for any valid reason. We may also make improvements and changes to our Service at any time.
How we provide our Service
There are many medical service and hotel reservation options available through our Service. Upon opening the app, you will have a choice of exploring and selecting the available Medical Service Providers and hotels by accessing three tabs. Two of these tabs contain information regarding the Medical Service Providers and their specialties in Korea and Turkey. These two tabs are divided into two categories: “Optional Treatment” and “Non-Optional Treatment”. The third tab contains information regarding hotels in Korea and Turkey. If you wish to request our Services, you will be redirected to a sign in page whereupon you will be guided through the process to begin receiving our Services.
Upon signing in, you will be asked to provide certain personal information. You will have the option of providing this information within our app, or alternatively, through the app’s chat feature. Upon receipt of your personal information, we will initiate the request for Medical Services by liaising between you and the Medical Service Provider. During this phase of the process, we may request medical images and medical records. This phase of the process takes place outside of the app, adhering to the identical process utilized for clients discovered through alternative channels, such as through our website and social media platforms.
During the process describing above, and generally during the courseof the provision of our Services, you will provide personal information and data which we will store on our servers. In order for us to facilitate the provision of our Service, it is necessary for us to share your personal information and data with the Medical Service Provider. You agree to allow us to share your personal information in order to facilitate a reservation with a Medical Service Provider. Please refer to our Privacy Policy to understand how we protect and store your personal information and data.A link to our Privacy Policy is provided in Section 9 below.
Section 3. Confirming a reservation
For medical appointments with a Medical Service Provider (including consultations, surgeries and medical tests), we will forward confirmation forms received from the pertinent Medical Service Provider to you. Additionally, we will send information describing the procedures that you will undergo, as well as recommendations for you to follow. All this information will be transmitted to you through our mobile application on a feature called “My trip”. Similarly, for hotel reservations that we receive we will transmit the confirmation forms to you through our mobile application.
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Section 4. Payment
[Not yet applicable; a payment gateway will be incorporated into the app later next year.]
Section 5. Cancelling or changing a reservation
You may not cancel or change a reservation unless allowed by the relevant Medical Service Provider and/or hotel under their respective Terms of Service (which are provided to you before you make a reservation).
Medical Service Providers and hotels may charge you fees for cancelling (in full or part) or changing a reservation. Such fees will be set out in the respective Terms of Service of the Medical Service Provider and/or hotel. You agree to pay any charges that you incur. Please be aware that for changing a reservation, the price of your new arrangements will be based on the applicable price at the time you ask that the change be made. This price may not be the same as when you originally reserved the Medical Services and/or hotel.
If you want to cancel or change any part of a reservation and such cancellation or change is allowed by the relevant Medical Service Provider and/or hotel, then, additional charges may be imposed by the Medical Service Provider and/or hotel.
Section 6. Health; entry / visa requirements for international travel
Health
You are responsible for being up-to-date on the recommended inoculations/vaccinations which may pertain in the country where the Medical Service is to be received. You are responsible for ensuring that you:
- meet all health entry requirements for that country;
- receive the relevant/required inoculations/vaccinations required for that country;
- take all recommended medication; and
- follow all medical advice in relation to your travel.
Passport and visa
You are responsible for consulting the relevant Embassy or Consulate for passport and visa information. If you request, we will assist with facilitating the application for entry visas to Korea or Turkey. We are not liable if you are refused entry onto a flight or into Korea or Turkey due to your conduct, including your failure to carry the correct and adequate travel documents required by any airline, authority or country (including countries you are transiting through).
Section 7. Liability
Our liability
To the maximum extent permitted by law, Medical Avenue will not be liable:
- in any way regarding the Medical Services that the Medical Service Providers make available to you
- for the acts, errors, omissions, representations, warranties or negligence of any such Medical Service Providers, or
- for any personal injuries, death, or other damages or expenses resulting from the above.
The Medical Service Providers provide us with information describing the Medical Services. This information may include details related to the provision of the Medical Service, such as written explanations, photos, rates and the relevant Terms of Service, etc. The Medical Service Providers are responsible for ensuring that such information is accurate, complete and up to date. Medical Avenue is not and will not be liable for any inaccuracies in such information, unless and only if Medical Avenue directly caused such inaccuracies. Medical Avenue makes no guarantees about the availability of specific Medical Services.
To the maximum extent permitted by law, except as expressly set out in these Terms:
- all information or Medical Services displayed through our Service are provided without any warranty or condition of any kind. This includes, but is not limited to, any implied warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, title or non-infringement, and
- Medical Avenue disclaims all such warranties and conditions.
The display of Medical Services Providers through our Service is not an endorsement or recommendation of such Medical Services by Medical Avenue. Medical Avenue disclaims, to the maximum extent permitted by law, all warranties and conditions that our Service, its servers or any email sent from us are free of viruses or other harmful components.
To the maximum extent permitted by law and subject to the limitations in these Terms, Medical Avenue will not be liable for any direct, indirect, punitive, special, incidental or consequential losses or damages arising from:
- the Medical Services,
- the use of our Service,
- any delay or inability to use our Service, or
- your use of links from our Service,
whether based in negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if Medical Avenue has been advised of the possibility of such damages.
If Medical Avenue is found liable for any loss or damage under these Terms, then, to the maximum extent permitted by law, we shall only be liable to you for direct damages that were:
- reasonably foreseeable by both you and us,
- actually suffered or incurred by you, and
- directly attributable to our actions,
and in the event of any liability of Medical Avenue, such liability will in no event exceed, in total, the greater of (a) the cost paid by you for the Medical Services in question or (b) one hundred dollars (US$100.00) or the equivalent in local currency.
This limitation of liability reflects the allocation of risk between you and us. The limitations specified in this Section will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Medical Avenue.
Every instance of force majeure, will lead to the suspension of the obligations in these Terms that are affected by the force majeure event. In such a case the party affected by the force majeure event will not be liable as a result of the inability to meet such obligations.
Indemnity
You agree to defend and indemnify Medical Avenue and any of our officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (“Losses”), including but not limited to, reasonable legal and accounting fees, brought by third parties as a result of:
- your breach of these Terms or the documents referenced in them,
- your violation of any law or the rights of a third-party, or
- your use of our Service,
to the extent that such Losses are not directly caused by Medical Avenue.
Section 8. Intellectual property policy and notices
Copyright and trademark notices
All contents of our Service are ©2023 Medical Avenue. All rights reserved. “Medical Avenue” is a trademark or registered trademark of Medical Avenue. We are not responsible for content on websites operated by parties other than us.
Our Service may contain links to websites operated by parties other than us. Such links are provided for your reference only. We do not control such websites and are not responsible for their content or your use of them. Our inclusion of such links does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual property infringement policy
We respect the intellectual property rights of others. If you have any concern regarding any images or content appearing on our app, we request that you contact us at info@medicalavenuekorea.com.
Section 9. Privacy and personal information
We are committed to the privacy, confidentiality, and security of personal information entrusted to us.
Please review our current Privacy Policy, which also governs your use of our Service and is incorporated by reference into these Terms, to understand our practices. [provide link to Privacy Policy here]
Section 10. General
Governing law and jurisdiction
These Terms are governed by and shall be construed in accordance with the laws of the Republic of Korea. All disputes and claims arising from these Terms shall be submitted to the Seoul Central District Court for adjudication.
Complaints
We take pride in providing a high standard of service and take all complaints seriously. Should you have any complaints, please notify us at the following email address of the details: info@medicalavenuekorea.com.
Insurance
You are advised to take out insurance that covers the consequences of certain cases of cancellation and certain travel risks. You are responsible for ensuring that any insurance policy taken out adequately covers your requirements.
Failure to invoke
Our failure or delay to enforce any provision of these Terms does not waive our right to enforce the same or any other provision(s) of these Terms in the future.
Unenforceable provisions
If any provision (or part provision) of these Terms is found by a court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision (or part provision) shall, if required, be deemed not to form part of these Terms with you. In such a case, the validity and enforceability of the other provisions shall not be affected.
Entire agreement
These Terms constitute the entire agreement between you and us with respect to our Service. They supersede all prior or contemporaneous communications (whether electronic, oral, or written) between you and us about our Service.
Assignment
We may, and you may not, assign, subcontract or delegate rights, duties or obligations under these Terms.
Third-party rights
Save as expressly stated in these Terms we do not intend any part of these Terms to be enforceable by any person who is not a party to these Terms. No third-party’s consent shall be required for the waiver, variation or termination of any part of these Terms. These Terms do not give rise to any rights under any applicable laws or regulations in relation to rights of third parties to enforce any part of these Terms.
Survival of obligations
Any provision of these Terms, which expressly, or by its nature, imposes obligations beyond the expiration, or termination of these Terms, shall survive such expiration or termination.