Hawaii Health Travel Healing with Aloha Disclaimer
Any information provided or shared by Hawai’i Health Travel LLC
relating to the medical and healthcare profession is for educational
and informational purposes only, and is not intended to be a
substitute for qualified professional medical advice.
Any information provided 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, call,
consultation or the advice of your physician or other qualified
healthcare provider.
Hawai’i Health Travel LLC does not recommend, endorse or provide any
specific tests, products or procedures of a medical nature. Reliance
on any information or referrals provided by Hawai’i Health Travel LLC
is to be used solely at your own risk. We assume 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 professionals that implement them.
1. Definitions
1.1 Account Holders: Any individual medical practitioner or healthcare
provider, healthcare organization, medical institution, clinic, or
third party service provider holding a subscription agreement with
Hawai’i Health Travel LLC.
1.2 Visitors: Any individual visiting www.hawaiihealthtravel.com for
any purpose.
2. General Provisions
2.1 Hawai’i Health Travel LLC (‘The Company’) operates the Hawai’i
Health Travel web-portal (‘Portal’), an online directory of the
medical practitioners, healthcare professionals and organizations, and
service providers actively supporting the medical tourism industry in
the State of Hawai’i. The Company primarily maintains a database of
Account Holders, and makes this database available for public search
globally in multiple languages through a variety of digital and
traditional media channels. The Company also provides general
information relating to topics of interest in health and wellness in
the State of Hawai’i and facilitates communication and logistics
coordination between Account Holders and Visitors to the Portal.
2.2 Visitors to the Portal acknowledge and accept that the Company
acts only in the capacity of a facilitator or coordinator of services
provided by Account Holders, and shall in no way be considered to be
providing or recommending any form of medical treatment, therapy,
procedure or mode of rehabilitation to any Visitor. All Visitors
acknowledge and accept that they must conduct independent due
diligence of any Account Holder listed on the Portal in respect of any
questions or concerns they may have.
2.3 The Company will use its best efforts and act in good faith to
assist Visitors in resolving any issues relating to any products or
services being delivered or rendered as a part of a Visitor’s
relationship in full or in part with any Account Holders which result
from Visitor’s use of the Portal or any related facilities. Visitors
understand that the Company offers no insurance, guarantee or warranty
in any respect related to products delivered or rendered by third
parties. Any dispute or claims against Account Holders which cannot be
resolved in good faith through the efforts of the Company will need to
be resolved by the Visitor and the Account Holder directly.
2.4 The Company offers no medical opinion or advice of any kind on any
medical procedure. Information provided by the Company is based on the
best publicly available information and is not intended in any way to
be used as a substitute for advice from qualified healthcare
professionals.
2.5 Any and all information provided by Visitors to the Company shall
be held in the strictest confidence in secure electronic records.
2.6 Any Visitors searching our online database of medical and
healthcare professionals will first be required to sign a waiver. If a
Visitor decides to seek treatment from any one of the professionals
listed in our database, this waiver includes a term granting the
professional in question the right to share information about the
treatment and the visitor experience with the Company. The Company
will not release, disclose, or use any information received in a
commercial or public manner. The information collected is solely for
our internal accounting and quality control purposes. Visitors to the
site have the right at any time to request a record of what
information the Company has retained on file relating to any
treatments or procedures they have received through our services, and
also how that information has been protected and used.
3. Limited Liability
3.1The Company, members of the Company, and any and all employees,
affiliates or managers of the Company shall not be liable, responsible
or accountable in damages or otherwise from any services, procedures,
products sold, or actions taken by Account Holders. The Company is
merely an intermediary helping Visitors identify Account Holders and
conducting communications between Visitors and Account Holders and
does not offer any verification, guarantee, review, or any other
promise or assurance that Account Holder’s accurately and honestly
represent their credentials, certifications, expertise, capabilities
or prior success.
3.2 All Visitors are encouraged to complete their own due diligence in
respect of any questions or concerns they may have relating to an
Account Holder. The Company is not responsible for the actions or
omissions of any Account Holder in respect of their marketing or sale
of services to a Visitor.
4. Limitation on Actions
4.1 Any claims asserted against the Company for any act or omission of
an Account Holder must be commenced in an appropriate forum and notice
delivered to the Company within thirty (30) days of the act or
omission took place, except where any applicable law or regulation
applies a mandatory statute of limitations for a particular action to
be filed under law.
5. Severability
5.1 Each provision of these Terms and Conditions shall be considered
separable, and if, for any reason, any provision or provisions herein
are determined to be invalid and contrary to any existing or future
law, such invalidity shall not impair the operation of or affect those
portions of the Terms and Conditions which shall remain valid.
6. Governing Law
6.1 These Terms and Conditions shall be governed by the laws and
regulations of the State of Hawai’i. All questions concerning the
construction, validity, and interpretation of these Terms and
Conditions and the performance of the obligations imposed therein
shall be governed by the internal law of the State of Hawai’i.
7. Jurisdiction and Venue
7.1 These Terms and Conditions shall be subject to the jurisdiction of
the Hawai’i Superior Court.
8. Alternative Dispute Resolution
8.1 Notwithstanding any rights granted to any party under the law, any
Visitor hereto agrees to a minimum of six (6) hours of facilitated
mediation at any mediation venue recognized by the Hawai’i State
Judiciary, to be agreed upon between the Visitor and the Company, and
subject to the accepted rules and procedures of that venue. All agree
to share the costs of mediation equally if the mediation process leads
to a mutually accepted resolution for the parties, otherwise the costs
of mediation shall be included with the total costs of any further
dispute resolution actions pursued by either party.
9. Attorney Fees
9.1 All Attorney Fees resulting from any action pursued in respect of
these Terms and Conditions will be paid by the prevailing party.
By agreeing to these Terms and Conditions herein, Visitors accept full
responsibility for their own safety and expressly assume all risks of
harm, whether foreseen or unforeseen, and whether occurring while
travelling, during pre and post-operative care, during a desired
procedure, at any time. Visitors acknowledge that the Company provides
services only as a facilitator and a coordinator and that ultimately
the extent, nature and scope of any course of medical treatment
provided by an Account Holder listed on the Portal was accepted and
received by the Visitor alone. The Company does not sell insurance of
any kind. All medical services are provided by medical professionals
who are not employees or directly affiliated in any way with the
Company.