Disclaimer of Warranty and Limitation of Liability
Description of Service
Shinon Collaborative Consultancy Pvt Ltd. ("Shinon") is a medical tourism service firm based in India. Shinon assists individuals with their effort to become educated about and to identify qualified medical providers with particular regard to medical treatment and recuperation packages for medical destinations including India. Through our medical tourism affiliates around the world and our research we provide information about available medical treatment and recuperation packages to assist you in making an informed decision about medical treatment outside your country.
Shinon is not a medical service provider, and it does not endorse, recommend, or approve any
travel agency or healthcare provider listed in the Site. We are not medical professionals and will not discuss or advise on any issues relating to medical treatment. We facilitate contact with, and provide information about doctors in India and other destinations, and provide information about their credentials in order for you to make informed decisions. We do not, however, recommend any preferred or specific doctors for your desired medical treatment. We strongly encourage and advise you to discuss all medical issues with your medical doctor before making a decision on medical treatment outside your country. Shinon assists Client in obtaining Medical Services as provided in this Agreement. Except for the above, Shinon will not be liable to supply or provide Client with any other goods or services. Shinon is not itself a provider of transport, accommodation, tours, events or medical services. On visiting this site client will be deemed to have read and agreed to all conditions and provisions contained in this Disclaimer.
All transport, accommodation and medical services or products will be provided to Client by third parties that are independent of Shinon ("Third Parties"). Client acknowledges and agrees that Shinon does not warrant the products or services (collectively, "Third Party Products and Services") provided by Third Parties. In no event shall Shinon, its principals, members, managers, officers, directors, partners, employees, affiliates, successors or assign be liable to Client on account of any claim, cause of action, obligation, damage (including, without limitation, personal injury or death and property damage), liability, loss, cost or expense (collectively, Losses") arising out of or relating to any Third Party Products or Services.
Client has the sole responsibility to check each Third Party's terms and conditions that apply to the goods or services it provides, including any applicable exclusions or limitations of liability imposed by the Third Party, which may exclude or limit liability for delays, property loss or damage, personal injury or death
Disclaimer of all Warranties
Shinon does not make and hereby expressly disclaims any and all representations and warranties with respect to its services hereunder and the Third Party Products and Services, including without limitation (i) all implied warranties of merchantability and fitness for any particular purpose, (ii) that the Third Party Products and Services will be provided with reasonable care and skill, and (iii) the safety, conditions, standards or other issues that exist at any Third Party's facility or any travel destination, including locations visited in transit.
Client hereby agrees and acknowledges that in the event of any such Losses suffered by Client relating to or arising out of any Third Party Products or Services, Client shall look solely to the Third Party that provided such Third Party Product or Service for any applicable remedy or compensation and not to Shinon.
Client hereby agrees that Shinon shall not have any liability for any indirect special, punitive, incidental or consequential damages of any kind whether alleged as a breach of contract or tortuous conduct, including negligence.
In addition to the exclusions from liability set forth above, Client hereby agrees that Shinon shall not be liable to Client for any actions or omissions of Shinon, except for actions or omissions that constitute gross negligence or willful misconduct.
The obligations of Shinon to perform under this Agreement shall be excused during each period of delay caused by matters such as strikes, riot, explosion, war, fire, flood, earthquake, tsunami, sabotage, terrorist attack, accident to or failure of machinery or equipment or industrial action, shortages or power or raw material breakdown or unavailability of fuel, labor, or transport facilities, accidents of navigation or breakdown or damage to vessels or other conveyances, other abnormal impediments to transportation, government orders, acts of God, or other causes beyond the reasonable control of Shinon.
Client acknowledges that any and all medical advice, procedures, care or other Medical Services may involve significant risks. Such risks include, without limitation, incorrect medical advice, unsuccessful medical procedures, inadequate medical care, medical malpractice and personal injury or side effects. Client acknowledges that Shinon shall not be obligated to provide or arrange for any legal advice or legal representation for Client as part of Shinon's services hereunder. It is Client's responsibility to respect the laws and customs of the country of destination or a country visited in transit.
Client Representations and Warranties
Client warrants and represents to Shinon as follows:
(a) Client has received, or been advised by Shinon to receive, independent medical advice from a qualified medical practitioner regarding the Medical Services;
(b) Shinon has not given Client any advice or opinion that a reasonable person would interpret as medical opinion or medical advice (including but not limited to advice regarding health risks or side effects);