TERMS OF USE

General Provisions

MEDIX is engaged in the business of facilitating travel for health purposes, medical or wellness, and in offering marketing services for affiliated Providers of Medical Services (Hereinafter referred to as “PMS”) and affiliated Providers of Wellness Services. (Hereinafter referred to as “PWS”).

MEDIX as a Limited Liability Company provides access to excellent medical, surgical and wellness care in the Dominican Republic on an international basis. Its sole purpose is to facilitate or refer the Patient to one of its affiliated PMS or affiliated PWS in order for the Patient to make a decision on which route she/he will take for her/his required medical or wellness procedure.

For the purpose of this Agreement and with regard to the Patient, the Parties acknowledge that MEDIX acts only in the capacity of Health Tourism Facilitator and Tour Operator. MEDIX is not the Patient’s treating physician or any other medical or wellness provider.

MEDIX does not perform any surgery, medical or wellness procedures. The Patient acknowledges that she/he has conducted the necessary due diligence and that she/he has decided to seek treatment with no influence or pressure from MEDIX.

MEDIX offers no medical opinion or advice of any kind on any medical or wellness procedure. Information provided by MEDIX is based on information received from the affiliated PMS or affiliated PWS or any other third-party provider or the best publicly available information and is not intended in any way to be used as a substitute for advice from the Patient’s Physician.

For the purpose of this Agreement and with regard to the Patient, MEDIX recommends for the Patient to seek independent advice from a qualified heath care provider in her/his home country before deciding to seek treatment abroad in the Dominican Republic.

MEDIX uses its best efforts to provide a wide range of PMS and PWS options for the Patient to consider and consult with their personal physician. All medical PMS and wellness PWS services are provided by registered medical PMS and wellness PWS professionals, who are not employees of MEDIX, and fully registered and insured according to the Dominican law.

The total price for all services (medical and/or wellness and/or touristic) (Hereinafter referred to as the “Package” and “Package Price”) quoted by MEDIX is an approximate estimate based on medical care, wellness care and tourism services for both Patient, Patient companions or Clients.

The Package typically includes the following services but are not limited to: treatment, surgery, private nursing, accommodations, transports, restaurants, excursions, activities or any other tourism service as requested by the Patient, Patient companions or Clients.

The total Package Price quoted by MEDIX will clearly separate medical and wellness components from optional tourism components. This total Package Price does not include unanticipated costs that are unrelated to the desired procedure, complications that are unrelated and/or not detected prior to the procedure.

The Package Price is an approximate estimate based on hospital or wellness facilities costs, doctor and expert fees, for previous patients or clients who have undergone the same procedure. Affiliated PMS and affiliated PWS will do their best to make sure the final price invoiced for medical and/or wellness components does not exceed the medical and/or wellness components as quoted in the Package. However, the Parties recognize that there are circumstances that may increase the final invoice which include but are not limited to: medical complications, extended hospital stays, additional medical services, medical history or illness of Patient, undisclosed medical conditions, extras (Special meals, meals for guest(s), Internet usage, phone calls, etc.).

Warranty Disclaimer

MEDIX will assist the Patient in mitigating the risks associated with medical and/or wellness travel through PMS, PWS and third-party contracts that the Patient may want to enter into. MEDIX does not sell insurance of any kind, but deals with insured, registered, accredited, vetted, high-quality hospitals, PMS and PWS with access to insurance companies.

The Patient understands that MEDIX offers no insurance, guarantee or warranty in any respect related to products or services delivered and rendered by PMS, PWS or any other third-party provider as a part of the Package or any of its components (treatment, surgery, private nursing, accommodations, transports, restaurants, excursions, activities or any other tourism services as requested by the Patient).

Limited Liability

MEDIX will not interfere in the treatment and medical or wellness care rendered by the third-party affiliated PMS or affiliated PWS to the Patient, or any other third-party provider to the Patient companions or Clients. MEDIX will not be, in any way, held responsible for the outcome of treatment or quality of care provided by the PMS, PWS or any other third-party provider.

MEDIX shall not be liable or responsible for any acts, omission or commission of the physicians and other medical or wellness staff of the PMS or PWS.

MEDIX accepts no liability for any advice given by third-party physicians, specialists, experts, professionals, medical or wellness institutions, hospitals, in general any PMS or any PWS and we always recommend the Patient to consult their local physician to discuss treatment options, possible associated risks and/or consequences.

Limited Damages

PMS, PWS or any other third-party provider shall alone be liable to pay any costs, damages and/or compensation demanded by the Patient or Clients for poor, wrong or bad quality of treatment, products or services given to the concerned Patient or Client as a part of the Package or any of its components while executing in assignment and referred by MEDIX.

MEDIX can never be liable to pay any costs, damages and/or compensation demanded by the Patient, Patient Companions or Clients beyond the amount actually paid to MEDIX for the facilitating services or coordination services components of the Package.

Confidentiality

Affiliated PMS and affiliated PWS have undertaken contractually with MEDIX to maintain in confidence, and not to reveal to any person or body, any information or data which it receives through and subsequent to providing the services pursuant a MEDIX assignment, and which pertains, directly or indirectly, to the MEDIX referred Patient, including names, addresses, details and medical background of the Patient, information which pertains to PMS or PWS work (including terms of Agreement with the Patient, nature of service, consideration for the service, etc.) or any other data.

All Patient medical records received by MEDIX will be held in the strictest confidence in secured electronic files.

Limitation on Actions

The Parties hereby agree that the “Effective Date” of the Agreement shall be the date on which the Release is signed.

With previous items in mind, the Patient hereby accepts full responsibility for her/his own safety and expressly assumes all risks of harm, whether foreseen or unforeseen, and whether occurring while travelling, during pre/post-treatment, medical or wellness care, during the desired procedure or treatment, as of the Effective Date.

The Patient acknowledges that MEDIX services only as a facilitator and tourism operator for the Package and that ultimately the extent, nature and scope of treatment received by the Patient was the Patient’s decision alone.

MEDIX will extend the Patient with a Fit-To-Fly attest from the PMS or PWS when required by law or according to medical and wellness good practices, indicating the Patient’s good health and readiness to travel by airplane. The Patient is therefore not allowed to open any disputes or claims against MEDIX, PMS, PWS or any third-party service provider exceeding 4 calendar weeks after the said official fit-to-fly attest.

Forfeiture and limitation

The Patient’s claims shall be forfeited if these are not claimed within 30 days after the contractual end of MEDIX’ services or the Patient and companions leaving the Dominican Republic

The claims shall become time-barred within one year after the contractual end of the services.

Dispute Resolution

MEDIX will use its best efforts to assist the Patient in resolving any issues related to the products or services delivered and rendered as a part of the Package or any of its components by PMS, PWS or any other third-party service provider.

Any disputes or claims against MEDIX, a PMS, PWS or any third-party service provider affiliated with MEDIX which cannot be resolved in good faith through the efforts of MEDIX or settled by amicable agreement will need to be resolved by the Patient and PMS, PWS or third-party service provider(s) by arbitration pursuant to laws of the Dominican Republic where the services were performed.

The place of arbitration shall be Santo Domingo, Dominican Republic. The arbitration proceedings shall be held in the Spanish language.

The costs of attorney’s fees shall be borne by the Patient

Medical and Wellness Disclaimers

Medical and Wellness Information published by MEDIX is provided for education and information purposes only, and is not intended to be a substitute for a health or wellness care provider about the services offered. MEDIX is in the business of facilitating travel for health purposes, both medical and wellness.

Any information provided by MEDIX should not be considered complete, nor should it be relied on to suggest a course of treatment for a particular individual. It should not be used in place of a visit, a call, a consultation or the advice of a physician or other qualified health care provider.

MEDIX does not recommend, endorse or provide a specific test, products, or procedures of a medical or wellness nature, nor a particular PMS or PWS. Reliance on any information or referrals provided by MEDIX is solely at your own risk. MEDIX assumes no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction offered or provided to you by the medical and wellness professionals of PMS and PWS that implement them.

You access this service at your own risk. MEDIX is not responsible or liable for medical or wellness treatments, procedures, advice, opinions and services provided by others.
Severability

If individual provisions of these general contractual, medical, wellness and travel conditions should prove to be invalid, ineffective or unenforceable, the validity, effectiveness and fulfillment of the remaining parts of the Client Informed Consent & Release shall not be adversely affected.

The invalid, ineffective or unenforceable provision shall be replaced by a valid, effective and fulfillable provision which approximates the original intention of the Parties as closely as possible.