MedicalTourism.Review Terms of Services
Last updated: 20 November 2019
The MedicalTourism.Review platform is an internet website (“Medical Tourism Review” or the “platform” or the “Website”) owned and operated by Human Face Tech S.L. (“Human Face Tech,” ”MedicalTourism.Review,” “we,” or “us”). Human Face Tech S.L. provides a service (the “Service”) that allows its customers (“Customers”) to access MedicalTourism.Review Website of contractors (“Subscribers” or “you” or “Premium Subscribers”) to publish business information, on MedicalTourism.Review Website and to promote and communicate with customers.
“Premium 6 Months” and “Premium 3 Months” (“Premium Services” or “Premium Package”) Terms of Services apply for all premium services included in the premium packages as a whole or any premium services included in the premium package. The terms of these agreements are a legally binding agreement between MedicalToursm.Review registered by Human Face Tech S.L. in Malaga, Spain, and premium “service subscribers” (“you” or “your“, “Customer”).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE COVERED DISPUTES, RATHER THAN JUDGE OR JURY TRIALS.
1. General Terms
The terms of these agreements represent a legally binding agreement between MedicalToursm.Review registered by Human Face Tech S.L. and “premium service subscribers”.
Human Face Tech S.L. and its subsidiaries will provide Premium Services to customers from the effective date until terminated by either party accordingly to this agreement terms. Furthermore, Human Face Tech S.L. does not guarantee the results of the Premium Services.
Human Face Tech reserves the right to change this Agreement, and add additional terms at any time, effective upon making the modified provisions available on the Website or by notifying Subscribers directly. You are responsible for regularly reviewing the Terms of Use for modifications and updates to its terms. Continued use of the Website after any such changes are made to this Agreement shall constitute your consent to such changes. Other than making the changes available on the Website, Human Face Tech does not assume any obligation to notify Subscribers of any changes to this Agreement, or the creation or modification of any additional terms.
The use of the Premium Services is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, you must be at least 18 years old [or the age of legal majority in the jurisdiction in which you work] and legally authorized to work and Represent the Company Subscriber. If you do not meet these criteria, you may not register to become a Premium Subscriber.
2. Definitions
MedicalTourism.Review Website - refers to the website with this URL https://medicaltourism.review/, also referred to as “platform” or just “website”;
Term - Period of the Premium Subscription Package made accessible for the Customer, which varies depending on the package type;
Listing Page - A page on which the Customer's business information is listed;
Business - refers to, but not limited to, Clinics, Hospital, Rehab, Cosmetic Center, Wellness Center, Medical Travel Agency which are listed on MedicalTourism.Review;
Customer Content - all content that is published or provided by the customer on MedicalTouurism.Review that includes, but not limited to: data, information, text, links, images, video or audio material in whatever medium or form;
Listing Link - URL that refers directly to the listing page of the Customer's business;
Dashboard - page for Customers to manage their presence on the MedicalTourism.Review Website.
3. Services
Premium 6 Months and Premium 3 Months are a collection of products, features, and tools for You to purchase that are designed to help You use MedicalTourism.Review to engage more effectively with users, to track and better understand the performance of your listing page on MedicalTourism.Review and to use MedicalTourism.Review to benefit your business. Further, we have specified points that apply to You if you have purchased any Premium Service.
Human Face Tech reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. As set forth in detail below, you agree that Human Face Tech shall not be liable to you or to any third party for any modification, suspension, failure or discontinuance of the Services.
4. Products and Packages
4.1 Premium 6 (Six) Months
Premium 6 (six) Months Package includes:
The package is active 6 (six) months and it gives access to some tools during the 6 months.
Dashboard - includes 6 (six) months' access to the dashboard.
Enhanced Listing Options - includes 6 (six) months access to upload more than 3 pictures to the listing profile, create Promos and create Coupons.
Interviews - includes 3 interviews with the Customer that will be published in the interviews article section.
Sponsored Placements - includes 6 (six) months of advertisements for Customer’s Listing based on Customer Content that is displayed on the MedicalTourism.Review and which is designed to link directly to Customers Listing Page. Sponsored Placements are a Premium Package Service.
VIP Placements - includes 6 (six) months of advertisements for Customer’s Listing based on Customer Content that is displayed on the MedicalTourism.Review homepage.
4.2 Premium 3 (Three) Months
Premium 3 (three) Months Package includes:
The package is active for 3 (three) months and it gives access to some tools during the 3 (three) months.
Dashboard - includes 3 (three) months' access to the dashboard.
Enhanced Listing Options - includes 3 (three) months access to upload more than 3 pictures to the listing profile, create Promos form, create coupons form.
Interview - includes 1 interview with the Customer that will be published in the interview article section.
Sponsored Placements - includes 3 (three) months of advertisements for Customer’s Listing based on Customer Content that is displayed on the MedicalTourism.Review and which is designed to link directly to Customers Listing Page. Sponsored Placements are a Premium Package Service.
5. Premium Services Rules
All Premium Services are governed by this agreement. Any other commentaries, appearing on MedicalTourism.Review Website, communications private or public on email, chat or phone do not supplement or will be binding to these rules.
This Agreement is binding on Customer and not subject to cancellation, except as provided below under Section 8. Customers will use the Premium Services in accordance with the following MedicalTourism.Review Website terms of use: Terms and Conditions, all applicable laws, and in a manner which does not interfere with, disturb, or disrupt other network users, services, or equipment, as determined by Human Face Tech in its sole discretion. Human Face Tech may, in its sole discretion, suspend any part of Premium Services as is reasonably necessary for compliance with a governmental or regulatory entity, without liability to Customer or any third party.
5.1 Human Face Tech grants to Customer a non-exclusive, non-transferable license to access and use the Premium Services in accordance with the terms of this Agreement for the duration of the Subscription Term.
5.2 Customer may display and/or distribute the Premium Services Information within Customer's organization for internal business purposes only. No other internal or external distribution of any of the Premium Services Information is permitted. The Customer acknowledges it will not acquire any proprietary rights (including copyright and any other intellectual property rights) in the Premium Services, all of which shall be retained by Human Face Tech.
6. Customer Content
6.1 Customer hereby grants Human Face Tech and its affiliates the right to display the Customer Content on the MedicalTourism.Review Website, and emails that are related to MedicalTourism.Review Website. Failure by Human Face Tech to publish any Customer Content does not constitute a breach of this Agreement or otherwise entitle Customer to any legal remedy.
6.2 Customer shall be solely responsible for the content provided to MedicalTourism.Review Website for the Customer Content and any website linked to from the Customer Content and Customer shall indemnify MedicalTourism.Review for all loss, costs, and damages in connection with any claims of infringement of any third party rights and any claims arising from such Customer Content (including but not limited to unfair or deceptive acts and practices and consumer protection claims).
6.3 Customer represents warrants and covenants to MedicalTourism.Review Website that at all times, (a) it is fully authorized to publish the entire contents and subject matter of all Customer Content (including, without limitation, all text, URLs, and websites to which URLs are linked); (b) all such Customer Content (including websites) complies with all applicable laws and regulations and does not violate the rights (including, but not limited to, intellectual property rights) of any third party; (c) it has the full corporate rights, power, and authority to enter into this Agreement and to perform the acts required of it hereunder; and (d) its purchase of a Premium Subscription and the performance of its obligations hereunder does not and will not violate any agreement to which it is a party or by which it is otherwise bound, or any applicable law, rule or regulation.
6.4 It is the Customer's obligation to submit Customer Content in accordance with MedicalTourism.Review Website's existing criteria or specifications (including content limitations, technical specifications, terms of use, privacy policies, user experience policies, policies regarding consistency with MedicalTourism.Review the Website's public image, community standards regarding obscenity or indecency (taking into consideration the portion(s) of the MedicalTourism.Review Website to which its members are directed), and any other MedicalTourism.Review Website policy (collectively "Policies").
6.5 MedicalTourism.Review Website reserves the right, without liability, to reject, remove and/or cancel any Customer Content that contains content or links which do not meet MedicalTourism.Review Website's specifications, at MedicalTourism.Review Website's sole discretion.
6.6 Human Face Tech may redesign the MedicalTourism.Review the Website at its sole discretion at any time.
7. Privacy
Human Face Tech believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of Human Face Tech, to understand our practices.
In certain circumstances, we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary (a) to protect MedicalTourism.Review's systems, assets, employees, members, and customers; (b) to ensure the integrity and operation of Human Face Tech's business and systems; or (c) to comply with legitimate and enforceable governmental requests, subpoenas or court orders. We may choose to comply with or disregard such requests or orders in our sole discretion. Human Face Tech’s right to disclose information, including but not limited to user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content, shall take precedence over any terms of MedicalTourism.Review’s Privacy Policy.
8. Payment Terms
Where Customer purchases Premium Services, Customer acknowledges and agrees that payments shall be made to Human Face Tech in the amount and by the method selected by Customer as indicated in the Premium Services Order. The customer shall be charged for the Premium Services commencing on the Effective Date continuing until the Premium Services are terminated in accordance with this Agreement.
8.1 Payment Methods
Customer acknowledges and agrees that for any Premium Services purchased by Customer which are prepaid (as provided for in the Premium Services Order), such payments will be paid to Human Face Tech shall be subject to the terms of the Premium Services Order and the following provisions:
8.2 Customer’s payment shall first be applied to Customer’s Premium Services Subscription. Upon payment in full of the Premium Services Subscription.
8.3 All Premium Services that are prepaid will be renewed at the end of a Term for a subsequent Term at the then-current standard rates. The applicable fees will be charged to the payment method on file unless Human Face Tech is notified of a cancellation in writing. Although Human Face Tech may choose to send a reminder email prior to Customer for a renewal fee, Human Face Tech is not responsible for notifying a Customer of the renewal.
8.4 If You miss any payment owed to Human Face Tech upon renewal for a subsequent Term the Premium Services Subscription may be discontinued without notice.
8.5 Effective Date
Unless Human Face Tech notifies Customer otherwise, this Agreement is effective immediately after payment.
8.6 Cancellation and Refund Policy
If Customer requests the cancellation of Premium Services at any time during the first ten (10) days of the first Term (or of any subsequent Term, if the Premium Services are renewed), the cancellation will take effect in 7 days and Customer will be entitled to receive a refund for the payment minus one month rate of the package payment rate.
Cancelation in the subsequent term can take in affect if the Customer requests one.
9. Upgrading and Downgrading
If permitted by Human Face Tech, a Customer may upgrade from one type of Access to another. If such an upgrade is permitted, the relevant changes to payment terms and the Premium Services will become effective immediately, and the dates of the Term and renewal will change accordingly.
Customer may request a downgrade (of Access level) of Premium Services only during the first ten (10) days of the first Term (or of any subsequent Term if the Premium Services are renewed). The downgraded Access will become effective at the end of the 30-day period, and the relevant changes to payment terms and Premium Services will become effective thereafter. Human Face Tech shall reimburse the difference in fees (between original and downgraded Access) for the remainder of the Term (if prepaid) or adjust future installments accordingly. The dates of the Term and renewal will change accordingly.
10. Temporary Hold
Customer may place a hold on its Premium Services for any reason at any time by providing Human Face Tech with written notice, and it shall take effect during 7 days after Human Face Tech receipt of such written notice. Notwithstanding any rights to suspend and terminate, the Customer shall be liable to pay for Premium Services up to the date of effective suspension or termination (as applicable). In the event of the reactivation of Premium Services after a period of suspension, the billing schedule of the Premium Services shall remain the same as prior to the period of suspension.
11. Cancellation by Human Face Tech
Human Face Tech may revoke or discontinue (permanently or temporarily) Customer' access to the Premium Services and/or terminate this Agreement at any time with immediate effect for any reason, including, but not limited to if Human Face Tech detects any misuse of the MedicalTourism.Review Website or the Premium Services, and/or if Human Face Tech believes that Customer is in breach of this Agreement, and/or for any other reason in Human Face Tech sole discretion. Human Face Tech's sole liability in such circumstances shall be to refund the pro-rata portion of amounts paid for the unfulfilled Term. However, in cases that involve fraudulent activity of any type, inappropriate or malicious content, breach of this Agreement or misuse of the Premium Services or MedicaltTourism.Review Website, no refunds will be provided.
12. Liability
THE HUMAN FACE TECH PREMIUM SERVICES ARE PROVIDED "AS IS". CUSTOMER AGREES THAT HUMAN FACE TECH SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING AS A RESULT OF INACCURACY OR INCOMPLETENESS OF THE PREMIUM SERVICES OR THE PREMIUM SERVICE INFORMATION. CUSTOMER FURTHER AGREES THAT HUMAN FACE TECH WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY COMMERCIAL OR FINANCIAL DECISION MADE IN RELIANCE ON THE PREMIUM SERVICES OR PREMIUM INFORMATION
13. Warranty & Indemnity
13.1 HUMAN FACE TECH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES AS TO THE NUMBER OF VISITORS TO OR PAGES DISPLAYED ON THE MEDICALTOURISM.REVIEW WEBSITE OR THE FUNCTIONALITY, PERFORMANCE, OR RESPONSE TIMES OF THE MEDICALTOURISM.REVIEW WEBSITE. HUMAN FACE TECH DISCLAIMS AND SHALL NOT BE LIABLE FOR ANY OTHER LOSS, INJURY, COST OR DAMAGE SUFFERED BY CUSTOMER OR ANY THIRD PARTY AND SHALL IN NO EVENT BE LIABLE FOR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS. THIS PROVISION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL HUMAN FACE TECH OR ANY OF ITS AFFILIATES BE LIABLE TO CUSTOMER FOR AN AMOUNT IN EXCESS OF THE TOTAL AMOUNT ACTUALLY RECEIVED BY HUMAN FACE TECH FROM CUSTOMER FOR THE PREMIUM SUBSCRIPTION.
13.2 Customer agrees to defend, indemnify and hold harmless Human Face Tech and each of Human Face Tech agents, customers, subcontractors and affiliates, and the officers, directors, and employees of any of the foregoing, from, against and in respect of any and all losses, costs, (including reasonable attorney's fees) expenses, damages, assessments, or judgments resulting from any claim against any such parties in connection with the Customer Content, except to the extent that such claims directly resulted from the gross negligence or willful misconduct of Human Face Tech.
14. Jurisdiction
These Terms shall be governed and construed in accordance with the Laws of Spain, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.
15. Miscellaneous
15.1 If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement is deemed unlawful, void or unenforceable shall be stricken from this Agreement.
15.2 No joint venture, partnership, employment, or agency relationship exists between Customer and Human Face Tech. Human Face Tech will not be deemed to have waived or modified any of these terms and conditions except in writing signed by its duly authorized representative. Customer may not assign its rights hereunder to any third party unless Human Face Tech expressly consents to such assignment in writing.