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Terms
and
Conditions
Welcome
to the SMILE
PLANNERS website provided by SMILE PLANNERS. Please read these Terms
& Conditions carefully before using this Site. We reserve the
right, at our sole discretion, to change our Terms &
Conditions from
time to time. Your continued use of this Site after such changes take
effect will be deemed to constitute your acceptance of our new Terms
& Conditions.
BY
ACCESSING, USING OR
BROWSING THIS SITE OR ANY OF THE TABS, PAGES, OR WINDOWS IN THIS SITE,
YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY
THIS AGREEMENT, AND THAT YOU UNDERSTAND AND INTEND THIS USER AGREEMENT
TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT BETWEEN YOU
AND SMILE PLANNERS AND EQUALLY BINDING.
Description
of Service
SMILE
PLANNERS is a
dental tourism company specializing
in dental tourism in Thailand. In this role, we research and
gather publicly available information and provide this information to
you for your personal use in making a more informed decision about your
medical treatment.
Not
A Medical Referral
Service
SMILE
PLANNERS is not a
medical referral service and 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 any issues
relating to dental or medical treatment. We facilitate contact
with, and provide information about dentists and dental clinics in
Thailand and provide information about their credentials in order for
you to make informed decisions. We do not, however, recommend
any
preferred or specific dentists for your desired medical
treatment. We encourage and advise you to discuss all medical
issues with your dentist in your country of residence, before making a
decision on medical or dental treatment outside your country of
residence. Through our medical tourism affiliates in Thailand
and
our in-depth research we provide information about available medical/
dental treatment packages to assist you making an informed
decision.
You
agree to assume all
responsibility in connection with choosing any dentist or doctor for
your desired procedure. We assume no responsibility or liability for
any treatment or other services rendered by any dentist or doctor, or
for any malpractice claims and other claims that may arise directly or
indirectly from any such advice, treatment or other services.
Disclaimers
THIS
SITE IS FOR
INFORMATIONAL PURPOSES ONLY. AS WE STRIVE TO PROVIDE THE MOST
ACCURATE, UP TO DATE INFORMATION POSSIBLE, THE SITE MAY CONTAIN
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR
UPDATED WITHOUT NOTICE.
TO
THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW WE ASSUME NO RESPONSIBILITY NOR
DO WE GRANT ANY WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE
OPERATION, SAFETY, CONDITION OR SERVICE OF ANY PHYSICIAN, HEALTH CARE
PROVIDER, HOSPITAL, AIRCRAFT, MOTOR VEHICLE, BOAT, OTHER CONVEYANCE,
INN, LODGE, OR HOTEL AND/OR PRODUCTS ASSOCIATED WITH SUCH ENTITIES OR
SERVICES THAT ARE USED WHOLLY OR IN PART BY, FOR OR ON BEHALF OF YOU.
WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS,
WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY
PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES
RESULTING THEREFROM.
Limitations
of Liability
YOU
AGREE THAT NEITHER WE
NOR OUR INTERNATIONAL AFFILIATES WILL BE LIABLE FOR ANY DAMAGES
RESULTING FROM YOUR USE OF, OR RELIANCE UPON, THIS SITE, ANY SITE
MATERIALS, OR ANY SERVICES OBTAINED ON OR THROUGH THIS SITE. IN THE
EVENT OF ANY PROBLEM WITH THIS SITE, ANY SITE MATERIALS, OR SERVICES
OBTAINED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO
CEASE USING SUCH ITEMS.
YOU
AGREE THAT UNDER NO
CIRCUMSTANCES WILL SMILE PLANNERS, OR ANY OUR DIRECTORS,
OFFICERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS,
ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT
RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF
THIS SITE, ANY SITE MATERIALS, ARRANGEMENTS MADE BASED ON INFORMATION
OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON
OR THROUGH THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Indemnity
You
agree to defend,
indemnify, and hold harmless SMILE PLANNERS, and our affiliates, and
our and their respective directors, officers, members, employees,
agents, representatives, attorneys, successors and assigns, from and
against any and all claims, proceedings, damages, injuries,
liabilities, losses, costs and expenses (including reasonable
attorneys' fees and litigation expenses), relating to or arising from
(i) your use of this Site, any Site Materials, or services obtained on
or through this Site, (ii) any arrangements you make based on
information obtained on or through this Site, or (iii) any breach by
you of our Terms & Conditions.
Venue
You
agree that this User
Agreement shall be governed by and construed in accordance with the law
of Thailand. We agree that any legal action or proceeding
under or
with respect to this agreement may be brought in the courts of Thailand
having jurisdiction in Bangkok; and for the purpose of any such legal
action or proceeding, you hereby submit to the jurisdiction of such
courts. You hereby agree not to raise and waives any objection to or
any defense based upon the venue of such courts and any objection or
defense based upon an inconvenient form. You also agree not to
bring any legal action or proceeding under or with respect to this
agreement outside Thailand.
Copyright
and Ownership
Copyright
© SMILE
PLANNERS, All Rights Reserved
All
of the Site
Materials, including the content and display of this Site are the
property of SMILE PLANNERS. The Site Materials are protected by law,
including, but not limited to, United States and international
copyright law and trademark law, as well as other state, federal, and
international laws and regulations. Other names and logos contained in
this Site or in the Site Materials are trademarks and service marks of
our affiliates and may not be used without the permission of the
trademark or service mark owner.
Privacy
Policy
The
information that we
collect from our users is used only to facilitate the selection of
desired destination and dental/medical procedure. We do not
sell
or share your information to any third party at any time without your
permission. The protection of our users' personal information is
extremely important to us. Therefore, we have adopted a privacy policy
outlining our personal information collection and use practices. Please
refer to it for details about how we collect and use personal
information from users of this Site. Any changes to the Privacy Policy
will be posted on this Site, and you should periodically consult this
Site to stay apprised of any such changes.
Links
to Other Sites
This
Site contains links
to other sites on the Internet for the convenience of our users. These
other sites are maintained by third parties over whom we exercise no
control. Accordingly, we expressly disclaim any responsibility for the
content of these other sites and for the availability, accuracy,
reliability, completeness, currency, quality, performance or
suitability of the information, products and services available or
advertised on or through these other sites.
Cancellation
&
Changes
Because
of the special
nature of the medical and planning packages
featured in this Site, our affiliates may impose variable cancellation
fees. You agree that SMILE PLANNERS has no control over such
fees
and cannot consider making any exceptions to these charges.
Airfares
are subject to
different rules and cancellation fees; some maybe non-refundable. To
protect against cancellation charges, we strongly recommend purchasing
Cancellation Protection and Travel Interruption Insurance.
Travel
Documents
All
participants must be
in possession of a valid passport during time of travel. SMILE
PLANNERS will provide visa information when applicable.
Prices,
Rates, and Fares
Unless
otherwise
indicated all Smile Planners price rates shown are in United States
Dollars and are per person. All dental procedure rates are in Thai Baht
and calculated according to the Thai Baht/USD exchange rate at time of
payment – these rates may change due to fluctuations in
international exchange rates. These prices are in effect for 2011 and
are subject to change at any time prior to departure.
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