Date of Last Revision: July 1, 2018
The Company reserves the right to change or modify these Terms at any time and in its sole discretion. If there are any changes to these Terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on the Website or updating the date at the top of these Terms. Your continued use of the Website or services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the wand services. If you do not agree to the amended Terms, you must stop using the Website and/or services.
Please keep in mind that this document is a legally binding agreement between you as the user of the Website (referred to as “you”, “your” or “User” hereinafter) and the Company. If you have not attained the age of giving legal consent, according to applicable laws, to this agreement, your parent or guardian must agree to this agreement on your behalf.
1. Description of Service
Higowell Provides medical tourism technology platform to distribute the medical tourism services between medical service providers (e.g. hospitals and clinics), medical tourism facilitators and ancillary service providers (e.g. spa, language translators, hotels and other travel suppliers).
We help our users to search, find and connect with different medical tourism entities to create better products and packages to help medical travelers access care.Higowell is NOT a medical referral service and does not endorse, recommend, or approve any Clinic and/or Provider listed on the platform. We are not medical professionals, nor do we hold ourselves out to be medical professionals and will not discuss or advise on any issues relating to medical treatment.
2. Eligibility for Website
3. Account and Registration Obligations
4. Confidentiality of Account
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, Users shall bear all responsibility for maintaining the confidentiality of such information; undertaking / implementing reasonable security measures to protect the same from malicious attacks or inadvertent losses and for any activity including transactions that are undertaken from the User Account and you agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our
opinion, you have violated any provision of these Terms. Higowell may also, in its sole discretion, limit the number of Accounts that you may hold, maintain or acquire.
5. Higowell as a Platform
You agree, understand and acknowledge that Higowell is a platform, a venue to distribute the medical tourism services by enabling the users, i.e. medical service providers, medical tourism facilitators and ancillary service providers, to connect and communicate with each other.
You further agree and acknowledge that the Website is not involved in the provision of any services by any user and cannot warranty the quality and merchantability of the services provided. Higowell is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between the Users.
The provision of services is subject to agreement between the parties. Higowell shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users. Higowell shall neither be liable nor responsible for any actions or inactions of users or any breach of conditions, representations or warranties by the Users.
6. Health Information
As a provider of Medical Tourism facilities, you may be required to provide health related information of your clients and you hereby agree and warrant that you are under the obligation to procure absolute consent from your clients to transfer their health information to or through us. You hereby agree to indemnify the company in its entirety in relation to any liability arising in relation to the transfer, loss, processing or communication of this data.
7. Reviews, Feedback and Testimonials
Higowell may ask the Users to provide reviews, feedback, or testimonials, hereinafter referred to as “Feedback”, for other users. The Feedback should not be intentionally damaging, offensive or malicious. The Feedback may be used for internal purposes but could also be used publicly on the Website. Higowell will not entertain any false Feedback. The Feedback should not include any contact information within the review and should not mention any staff members by name
8. Commercial Terms
In consideration of the services to be rendered by the Company as per the terms of this agreement, Higowell may charge monthly subscription fee from the medical tourism facilitators.
The Company reserves the right, at any time and at its discretion, to change any fees and any other pricing terms. Any changes shall be posted on the Company’s website and will be effective immediately.
9. Submitted Content
We take no responsibility and assume no liability for any submitted content posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that you are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site.
10. User Representations
You represent, warrant and agree that materials of any kind submitted through your account or your conduct while availing the Service will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, fraudulent or otherwise unlawful material. You further agree that you may not use the Service or the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website. In addition, you agree not to use the Service or the Website to:
* use any automated means to access this Website or collect any information from the Website (including, without limitation, robots, spiders, scripts or other automatic devices or programs);
* intimidate, harass or in any way interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services User;
* impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with or authority to act on behalf of any person or entity;
* Develop any third-party Websites that interact with our Services without our prior written consent;
* Provide false, inaccurate, or misleading information; and
* Encourage or induce any third party to engage in any of the activities prohibited under this Section.
11. Third Party Content
12. Disclaimer of Warranties/Limitation Of Liability
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
USER ACKNOWLEDGES THAT THROUGH THIS WEBSITE, HIGOWELL MERELY ACTS AS A FACILITATOR, IN ORDER TO FACILITATE HIGHEST QUALITY SERVICES TO THE USERS. HIGOWELL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BUT SHALL ENDEAVOUR TO ENSURE USER FULLEST SATISFACTION.
HIGOWELL IS NOT LIABLE FOR ANY CLAIMS AGAINST LACK OR DEFICIENCY OF SERVICES BY ANY USER; NON-FULFILLMENT OR UNSATISFACTORY FULFILLMENT OF SERVICES. THUS, HIGOWELL SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE USERS OF THE WEBSITE AS REGARDS THE SERVICES. IN NO EVENT SHALL
HIGOWELL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.
HIGOWELL SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND HIGOWELL'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
You shall indemnify and hold harmless to Higowell and (as applicable) Higowell's partners, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, Confidentiality obligations, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
14. Higowell’s Rights
Higowell reserve the right at all times to edit, refuse to post, or to remove, from the Service, any information or materials for any reason whatsoever, and to disclose any information we deem appropriate to satisfy any applicable law, regulation, legal process, police request or governmental request.
The Company also reserves the right to modify or discontinue temporarily or permanently all or part of the Service with or without notice without liability for any modification or discontinuance.
All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The User is not provided with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the Website is our property or the property of our software suppliers and is protected by international copyright laws.
Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by us or our affiliated companies that appear on the Website are the property of their respective owners and may or may not be used without their prior written consent.
17. Copyright & Trademark Compliance
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the Website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our Website, but rather we purchase or license products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the Website. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the Website and/or cease sales of the product(s) pending our investigation.
18. Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed or used on the Website in a way that constitutes copyright or trademark infringement, please forward the following information to the Company in way of a notice.
* Your name, address, telephone number, and email address;
* A description of the copyrighted work that you claim has been infringed;
* The exact URL or a description of where the alleged infringing material is located;
* A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
* A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The notice, as mentioned above, shall be sent at the following address:
You agree that Higowell, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your use of their Website or Services and remove and discard all or any part of your account, user profile, and any Content, at any time. You agree that any suspension or termination of your access to Higowell Services or any account you may have may be affected without prior notice, and you agree that Higowell will not be liable to you or any third party for any such termination.
In the event of any Force Majeure Event (as defined in "General Clauses" Section), breach of this agreement, or any other event that would make provision of the Services commercially unreasonable for Higowell, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services.
20. Settlement of disputes
Any disputes that might be arising as to the interpretation of the terms and conditions under this agreement and/or to the contents stated in this Website and/or as to the determination of the rights and obligations of the users and the provider of the service herein shall be settled by way of mediation. You and Higowell, firstly, agree to notify each other in writing of any dispute within thirty (30) days of when it arises.
You agree to submit in that event to the exclusive jurisdiction and venue of the state and courts located in the Dublin, Leinster, Ireland.
21. General Provision
* Assignment-This Agreement and your rights and obligations shall not be assignable, in whole or in part, without the prior written consent of Higowell. Any assignment without Higowell’ consent is void.
* Relationship of Parties- Nothing contained in this agreement shall be construed or interpreted as constituting a partnership, joint venture, agency, employer, employee relationship between the parties. No third person is intended to be a third party beneficiary thereof. The parties agree to constructively work together in furtherance of the mutually beneficial object set forth in the agreement.
* Non-Waiver-The failure of any party to enforce at any time any of the provisions of this agreement shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.
* Severability-If any clause, sentence, paragraph or part of this agreement, or the Website thereof to any person, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall be limited and confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy and remainder of this agreement will continue in full force or effect
* Force Majeure- Higowell shall not be liable for (1) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; (2) any loss or damage arising from any event beyond Higowell's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Higowell's reasonable control (each, a "Force Majeure Event").
* Notices-Any notices required or permitted by this agreement shall be deemed given if sent by certified mail, postage prepaid, return receipt requested or by recognized overnight delivery service. All notices hereunder required to be given to the Higowell shall be sent to its address first mentioned herein and all notices to the user shall be sent to its address/ e-mail address as may be provided during the registration process.
* Entire Agreement-This agreement constitutes the entire understanding between the Partners hereto and it merges all prior discussions between them relating thereto.
* Counterparts-This agreement may be executed in multiple counterparts, each of which, when executed and delivered, shall be deemed an original, but all of which shall together constitute one and the same instrument.
* Headings-Headings and titles in this agreement are for reference purposes only and do not constitute part of this agreement and are of no legal force and effect.
* Applicable Laws-This agreement will be governed by and interpreted and construed in accordance with the laws of Leinster, Ireland without regard to conflict of laws principles thereof.