Disclaimer / Limited Warranty & Limitation of Liability

This Disclaimer is an essential contractual condition of all bookings accepted by – Medical Consultants International (MCI) Pty Ltd. All clients of MCI must read the Disclaimer before further engaging the services of MCI. This means you.

MCI has the responsibility for the following

• Arranging your journey;
• Organising and booking your travel, accommodation and tours;
• Arranging your medical services and other events as per agreement

Except for the above, MCI does not otherwise supply or provide you any other goods or services. MCI is not itself a provider of transport, accommodation, tours, events or medical services.

Third Parties

Third parties provide transport, accommodation, tour, event or medical services or other agreed products to you. These Third Parties are independent of MCI. It is strongly recommended that you check each third party service provider's terms and conditions which apply to the goods or services they provide. You must ensure that you are aware of any exclusions or limitations of liability impressed by the service provider. All or some of these may exclude or limit liability for delays, property loss or damage, personal injury or even death. It is important that you check these.

Warranties

Apart from any condition or warranty implied by law which cannot be excluded, MCI does not make any warranties or statement or representation relating to the goods or services provided to you under this Agreement, whether by MCI or a Third Party, and specifically disclaims all implied warranties of merchantability and fitness for:

• Or any particular purpose
• The supply of such goods or services with reasonable care and skill
• The safety, conditions, standards or other issues that exist at the service provider or any travel destination, including locations visited in transit.

Exclusion of Liability - MCI and/or Third Parties

To the extent permitted by law, MCI excludes all liability for any loss or damage whatsoever and howsoever arising to you that may occur in any way relating to the offer or supply of goods or services by or through MCI or any third party service provider or relating to the supply of such goods or services. This includes but is not limited to:

• Physical and psychological injury of whatever nature or
• Loss or damage to property of whatever nature or
• Any loss of profits or
• Any loss of use or
• Any business interruption or
• Any indirect special, incidental or consequential damages of any kind in connection with or arising out of the furnishing, performance or use of the services whether alleged as a breach of contract or tortious conduct including negligence.

MCI's liability under this Agreement for direct, indirect, special, incidental or consequential damages will not exceed the fee paid to MCI by you.

You release MCI and its officers and employees from all such liability and indemnify each of them severally against any such claims that may be made by or through you.

Any terms and rights that are mandatorily implied into this Agreement by virtue of the Trade Practices Act 1974 (Cth) or any similar state law are not excluded and anything in this Agreement that is contrary to any mandatory implied law is to be read down to the extent of the inconsistency.

Subject to the applicability of the Trade Practices Act 1974 (Cth). MCI’s liability for a breach of the warranty or condition will only be limited by MCI in its absolute discretion to:

• (a) in the case of goods
• (i) Supplying the goods again or the supply of comparable goods or
• (ii) The repayment of the replacement costs of the goods or of the costs of acquiring comparable goods and
• (b) In the case of services
• (i) Supplying the service or services again or
• (ii) The repayment of the cost of having the service or services supplied again.

Force majeure - Overriding acts beyond MCI's control

MCI does not and will not accept any liability whatsoever for any injury (including but not limited to physical and psychological injury), damage, loss, delay, added expense, inconvenience or nuisance caused directly or indirectly to you by any event or events which it cannot control including but not limited to armed conflict, war, civil disturbance, fire, flood, earthquake, tsunami, acts of God, acts of Government or of any other authorities both domestic and international, terrorist attack, accident to or failure of machinery or equipment or industrial action.

This Disclaimer is an essential contractual condition of all bookings accepted by Medical Consultants International (MCI) Pty Ltd. All clients of MCI must read the Disclaimer before further engaging the services. This means you.

MCI has the responsibility for the following:

• Arranging your journey;
• Organising and booking your travel, accommodation and tours;
• Arranging your medical services and other events as per agreement.

Except for the above, MCI does not otherwise supply or provide you any other goods or services. MCI is not itself a provider of transport, accommodation, tours, events or medical services.

Client Acknowledgments

By entering into this agreement, it is acknowledged by you that any and all medical advice, procedure or other service that you engage MCI to arrange or book for you involves some risk. Such risks may include incorrect medical advice, an unsuccessful procedure or additional injury or side effects as a result of such procedure or the administration of drugs. It is further acknowledged by you that medical advice, medical procedures and medical care generally outside Australia may be dissimilar to Australian standards and in some cases, the Australian standards may be higher.

Without limitation to the more general provisions of this disclaimer, by entering into this Agreement you particularly warrant and represent to MCI that:

(a) you have received or been advised by MCI to receive independent medical advice from a qualified medical practitioner regarding any medical services that you have engaged MCI to book for you;

(b) MCI has not conveyed to you any advice nor given you any opinion that a reasonable person would interpret as medical opinion or medical advice (including but not limited to advice regarding risks or side effects)

(c) Although MCI may provide information to you as to availability of medical services or booked medical procedures, products or other services for you, MCI is not responsible in any way and excludes all liability for the actual medical services and medical procedures performed and

(d) You accept these risks and you equally accept that you are solely responsible for these risks and that you will not hold MCI or its officers, employees agents or assigns responsible in any way

(e) You acknowledge that MCI is not in any way obliged to provide or arrange legal advice or representation of any sort relating to any legal matter which may affect you during your travel

(f) It is your responsibility to respect the laws and customs of AUTRALIA or any country visited in transit. WARNING: In some countries possession of various drugs of dependence can be punishable by life imprisonment or even the death penalty

Travel Insurance

Travel insurance is your responsibility. MCI highly recommends that you

(i) Arrange travel insurance for the entire period of your travel and

(ii) Disclose all relevant matters to your insurer (including the probability that elective surgery may be undertaken during your travel).

© 2008 Medical Consultants International Pty Ltd. All rights reserved