PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. PLEASE DO NOT USE OUR WEBSITE OR SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
Mya Care is a Limited Liability company with registered office at 4th Floor, Harbour Place, 103 South Church Street, P.O. Box 10240, Grand Cayman KY1-1002, Cayman Islands that manages www.myacare.com (the “Website”), an online portal connecting Care Providers and Third Party Service Providers around the world with Customers. This document comprises the Terms of Use, hereinafter referred to as the “Agreement”, and constitutes a legally binding agreement between you, the Customer as defined herein, and Mya Care.
Mya Care reserves the right to change or modify these terms at any time and in our sole discretion. If Mya Care makes changes to these terms, we will provide you with notice of such changes, such as by sending an email, posting a notice on our Website or updating the date at the top of the Agreement. Your continued use of the Website or our Services will confirm your acceptance of the revised terms.
Disclaimer
The information provided on the Website or in any communication from Mya Care is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Mya Care or its affiliates to any registration requirement within such jurisdiction or country.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE YOU WITH ACCURATE CONTENT, WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR ANY OTHER CONTENT RELATING TO CARE PROVIDERS OR THIRD PARTY SERVICE PROVIDERS AVAILABLE THROUGH THE WEBSITE OR SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY CARE PROVIDER, THIRD PARTY SERVICE PROVIDER, INDIVIDUAL, OR ENTITY LISTED OR ACCESSIBLE THROUGH THE WEBSITE OR SERVICES.
Definitions and Interpretation
In this Agreement, unless the context requires otherwise, the following terms shall have the following meanings:
“Care Provider” means a healthcare provider including, but not limited to, hospital, clinic, doctor, caregiver, rehabilitation / physiotherapy center, dialysis clinic, wellness center, spa center, pharmacy or e-pharmacy, lab services, medical tourism agent/facilitator or diagnostic center.
“Content” means content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Services and/or Website, including, without limitation, Content provided in direct response to your questions or postings and the Website blog.
“Customer” means the Visitors or Users of the Website and/or persons who directly/indirectly approach Mya Care seeking information on Care Providers for Healthcare Services or Third Party Service Providers. Unless expressly specified otherwise, reference to a Customer shall also deem to include reference to the relatives/guardian or any authorized agent of a Customer.
“Healthcare Services” shall refer to the healthcare, medicinal, surgical, therapeutic or other services to be provided by Care Provider.
"Intellectual Property Rights" means copyrights, trademarks, service marks, trade dress, trade secrets, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law.
“Services” means the services provided by Mya Care as hereinafter described.
“Third Party Service Providers” means companies which provide complementary or adjacent services related to Healthcare Services including but not limited to home nursing care, accommodation and transportation.
“User” refers to the Visitor of the Website who creates a User Account to seek services from Care Providers and Third Party Service Providers or to contribute content to the Website. Unless expressly specified otherwise, reference to a User shall also deem to include reference to the relatives/guardian or authorized agent of the User.
“User Data” means any data that you upload or submit to the Website or other areas of the Services.
“Visitor” refers to any person accessing and using the Website to seek information on Care Providers and Third Party Service Providers, who may avail services without creating an account.
In this Agreement (unless the context requires otherwise):
a. Reference to the singular includes a reference to the plural and vice versa, and reference to any gender includes a reference to all other genders;
b. Reference to any natural person includes reference to a legal person;
c. Reference to statutory provisions shall be construed as meaning and including references also to any amendment or re-enactment (whether before or after the date of this Agreement) for the time being in force and to all statutory instruments or orders made pursuant to statutory provisions.
1. Website Terms
The Website assists Customers to find and communicate with Care Providers and Third Party Service Providers. Customers can also use the Website to submit inquiries to Care Providers. Mya Care also enables Customers to apply for loans through various banks or financial institutions for Healthcare Services at Care Providers.
Mya Care does not need and does not specifically request, control, store or otherwise process any type of medical or health information relating to Users or Visitors. To the extent you provide us with personal information, whether health-related or otherwise, you agree that Mya Care may share such information with Care Providers or Third Party Service Providers you select only as strictly necessary to provide the Services. Personal information you provide will be handled consistent with our Privacy Policy
The Website may show you sponsored results including at the top of search results (“Sponsored Results”). Mya Care receives additional fees from Care Providers for providing Sponsored Results. Sponsored Results shown through the Website are not, and should not be considered, an endorsement or recommendation by Mya Care. Mya Care does not otherwise recommend or endorse specific Care Providers or Third Party Service Providers, but only provides relevant information about their locations, accreditations, number of beds, specializations etc. You conduct your own research and comprehensive due diligence prior to availing Healthcare Services or other services.
The cost of Healthcare Services is between the Customer and the Care Provider. The rates quoted by the Care Providers to the Customers are estimates only and may vary from the actual cost depending on the actual condition of the patient and treatment required charges may further vary due to other factors including but not limited to overstay or other complications. Mya Care cannot be held liable for any quotations provided by Care Providers. Any insurance and insurance-related Content is provided for general reference purposes only. It is the Customer’s responsibility to work with an appropriate insurance provider. Mya Care will not be responsible for any inaccurate, incomplete, or outdated insurance-related Content on the Website.
It is the Care Provider’s responsibility to ensure that their profile, doctor listing and doctor profiles are up to date, Mya Care will not be responsible for any inaccurate, incomplete, or outdated profile information for a Care Provider.
You acknowledge that although some Content may be provided by healthcare professionals, the provision of such Content does not create a medical professional/patient relationship between you and Mya Care or the Care Provider, and does not constitute an opinion, medical advice, or diagnosis or treatment.
Website Content from Mya Care, its employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational, scheduling and payment purposes only. All medically related information, including, without limitation, information shared via the blog and articles from independent healthcare professionals and organizations and from other third party blog writers are for informational purposes only and do not constitute medical advice, opinion, diagnoses, or treatment.
THE WEBSITE AND SERVICES ARE NOT SUITABLE FOR EMERGENCY TREATMENT. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CONTACT LOCAL HEALTHCARE PROFESSIONALS OR PUBLIC HEALTHCARE SERVICES.
2. Intellectual Property
All Intellectual Property Rights in and to the Website and its entire Contents, features and functionality (including but not limited to all information, software, code, algorithms, database, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Mya Care, its suppliers, and licensors. Mya Care reserves all rights not expressly granted to you in this Agreement.
Subject to compliance with this Agreement, Mya Care grants you a personal, limited, non-exclusive license to use the Website and Services for your non-commercial use. To the fullest extent permitted by applicable law, this license granted to use is non-transferable. You may not copy (except as expressly permitted by this license and any other applicable terms, conditions, or usage rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website or the content therein.
3. Account Creation and Service Term
Although, as a Visitor, you are able to search for Care Providers and Third Party Service Providers, and send inquiries or avail services from Third Party Service Providers, by creating a User account with Mya Care you are able to connect with Care Providers and benefit of all the range of services provided by us without having to repeat the procedure of filling out your basic details. Each account may only be used by one User. You acknowledge that your account is personal to you and you are expected to treat your account as confidential. You agree to provide accurate, current and complete information about yourself as prompted by the registration form.
You represent that you are at least the legal age of majority in the jurisdiction where you reside and you have the legal authority to enter into this Agreement.
4. Services
The range of Services provided by Mya Care to Customers are as follows:
Access to Packages:
- Care Providers and Third Party Service Providers promote various packages through the Website. These packages can be either medical or travel or a combination of both such as:
- Executive Check-Up Packages
- Medical Packages
- Dental Packages
- Hotel Stay
- Airport Transfer
- Cosmetic Surgery Packages
- Lab Test Packages
- Medical Spa Packages
Customers can view these packages and click links to the third party websites to avail the services offered by one or more specific packages. Mya Care may require Customers to complete a form in order to avail certain packages or services. An email will be sent, in such cases, containing the required package offer details, and further instructions on how to avail the services.
Access to Medical Services:
- Care Providers or Third Party Service Providers list their various medical services to promote them separately on the Website. These may include services such as:
- Nursing Care
- Home Healthcare and Home Check Ups
- Concierge Medicine / On Call Doctors
- Dialysis Treatment
- Online Pharmacy
- Health Insurance / International Medical Insurance
- Lab Tests
- Telemedicine / Telehealth
- Medical Equipment Rentals
- Medical Spas
- Ayurvedic treatment
Plan Your Trip:
- The Website lists various services offered by Third Party Service Providers such as:
- Airport Meet and Greet
- Car Rentals
- Accommodation booking
- Travel Insurance
- Forex (Foreign Currency Exchange)
- Site Seeing
- Flight Booking – Specific Airline companies or Travel portals
- Hotels
- Food Services
- Flowers / Gifts Services
- International Sim Cards
- Wellness and Spas
- Recreational Activities
NOTE: the list of services above is not exhaustive and Mya Care reserves the right to include or exclude any particular type of service or set of services at any time. Exact details about the services provided at any given time can be found on the dedicated sections of the Website.
5. Blogs
Users may post or link to the Website blogs provided that:
- Users may link to specific URLs (web site addresses) in contributions where these provide relevant and appropriate background reading or information. However, Users must not link to advertisements or sites that might cause offense to other users of the Website. Please note that any post containing a URL will be subject to review and moderation as needed.
- You represent that any contribution you make to the Blogs will comply with the standards set out herein, and you will be liable to us and be responsible for any loss or damage we suffer as a result of your breach of this representation.
- For your safety we advise that you never reveal any personal information about yourself or anyone else on the Blogs (for example: full name, telephone number, home address or email address).
- While the administrators and moderators of the Blogs will attempt to remove or edit any generally objectionable material as quickly as practicable, it is not possible for us to review every message. Therefore, you acknowledge that all posts made to the Blogs express the views and opinions of the author. The views expressed by other Users on our Website do not (necessarily) represent our views or values.
- Blog articles may be shared to other sites or social media provided proper attribution to the author and source are provided.
6. Ratings, Feedback and Reviews
Ratings: Mya Care may ask the Customer to provide a rating for Care Providers or Third Party Service Providers, ranging from 1 to 5 stars. The rating should not be intentionally damaging, offensive, defamatory, or malicious. Ratings provided by the Customer will automatically be posted on the website.
Feedback: Mya Care may also allow submission of feedback by Customers. The feedback must pertain to the Healthcare Services the Customer received at the Care Provider or services by the Third Party Service Provider in question and should come directly from the Customer who availed the Service. Feedback must be accurate and not be intentionally damaging, offensive, defamatory, or malicious. Mya Care has sole discretion whether or not to post and display the feedback in any way or form as considered appropriate by Mya Care. Also, the Customer hereby agrees and understands that Mya Care may obtain and use feedback about the Care Provider that the Customer provides directly to said Care Provider or another party.
Reviews: Mya Care reserves the right to post third party reviews, such as Google Reviews, Facebook reviews, and reviews submitted by third party partners with whom Mya Care has contractual relationships.
Customer grants Mya Care a limited, non-exclusive, fully paid up, non-terminable license to use and display ratings and feedback on the Website.
The Customer also indemnifies and agrees to hold harmless Mya Care and its shareholders, officers, directors, employees and affiliates from and against all and any claims, damages, costs, suits, judgments, decrees, loss of profit, business and/or goodwill and expenses (including reasonable legal fees), based upon, relating to, or arising out of a posting and displaying of such ratings, feedbacks or reviews collected as per the specification of this clause.
7. Submitted Content
The Customer is solely responsible for Content or User Data provided on the Website or through other means of communication and this is provided at the Customer’s own risk. Mya Care disclaims any liability, responsibility for any Content or User Data provided by the Customer. Customers may submit, and Mya Care may in its sole discretion publish on the Website, Customer testimonials. Mya Care will verify the content of such testimonials and may redact sensitive information. The testimonials may also be used for internal purposes.
The testimonials must be accurate, pertain to the Healthcare Services the Customer received from the relevant Care Provider or other Third Party Service Provider, and be submitted directly by the Customer who received the applicable services. Testimonials should not include any contact information nor mention Care Provider or Third Party Service Provider staff members by name.
8. Restricted Uses
You agree not to use the Services or Website in any unlawful, infringing, tortuous or harmful manner; in any way that violates another party's intellectual property, privacy or other rights; or in any way that otherwise interferes with the operation, use or enjoyment of any service, system or other property.
Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
- Make any fraudulent applications;
- Use the Website for any purpose that is unlawful, illegal or forbidden by law or to promote or advocate any illegal activity including but not limited to copyright infringement or computer misuse;
- Remove any copyright and other proprietary notices contained in any Content on the Website;
- Conduct any activity that is harmful or detrimental to the Website as solely determined by Mya Care;
- Post any information, images or content that is obscene, sexually explicit or contains nudity, indecent, defamatory, hateful or intolerant in nature or in violation of the laws of any jurisdiction;
- Falsely represent yourself as another person or as a representative of a business or entity that you do not actually represent or give the impression that posts come from a healthcare professional, if that is not the case;
- Falsely represent your professional or business credentials or professional background;
- Change the Content in any capacity or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose except as permitted herein;
- Use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site;
- Engage in denial of service attacks upon the servers that publish this Website;
- Promote or incite any violence;
- Promote or provoke any discrimination (including but not limited to that which is based on race, sex, religion, nationality, disability, sexual orientation or age);
- Breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- Register more than one account or create any alternative accounts;
- Engage in any activity that in our opinion could be harmful to the health or wellbeing of another Customer;
- Advertise or promote products or services on the Website or use the site for any commercial purpose.
Customer also agrees not to:
- Access or retrieve any Content or portion of the Website and/or the Services for purposes of constructing or populating a searchable database of reviews or other Content related to the healthcare industry or Care Providers;
- Fraudulently or intentionally misuse the Services, including without limitation scheduling an appointment with a Care Provider or Third Party Service Provider which you do not intend to keep; and
- Create user accounts, submit inquiries, book appointments or submit posted information by automated means or under false or fraudulent pretenses.
9. Suspension and termination of Account or access to Website/Services
Mya Care will determine, at its discretion, whether there has been a breach of this Agreement. If we so determine, we may take such action as we deem appropriate, which may include any or all of the following actions:
- Temporary suspension or permanent withdrawal of your right to use the Website or account.
- Temporary or permanent removal of any posting or material uploaded by you to our Website.
- Issuing a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
The responses described in this policy are examples, and we may take such other actions as we may reasonably deem appropriate.
10. Our Partners
Mya Care may partner with various third parties for the provision Services and the Website may feature links and hyperlinks to third party sites. Please carefully review the Terms of Service and Privacy Policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.
Any purchase made by the Customer for a third party service will be concluded directly with the Third Party Service Provider. Any queries or claims regarding the third party service(s) should be addressed directly to the Third Party Service Provider. The list of the Third Party Service Providers on the Website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level or qualification of any Third Party Service Provider.
You agree that Mya Care is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties. Mya Care will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with such third parties or availing any services from such third parties.
11. Warranty Disclaimer
The Website and Services provided on the Website are provided on an "AS IS" and "AS AVAILABLE" basis. Mya Care expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
Without limiting the forgoing, Mya Care makes no warranty, and expressly disclaims any obligation, that:
- The Website content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances;
- The Website will meet your requirements or will be available on an uninterrupted, timely, secure, or error-free basis;
- The results that may be obtained from the use of the Website or Services offered through the Website will be accurate or reliable;
- The quality of any products, services, information, or other material obtained by you through the Website will meet your expectations.
Please use common sense when viewing any claims made by any third party that may be published on the Website or that you may learn indirectly via our site and verify all claims with your own independent healthcare provider. We are not responsible for the claims of any advertisements that appear on our site.
Mya Care makes no representation that the usage of this site, or the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction. Do not use this site if such usage violates the law of the jurisdiction in which you reside. We reserve the right but are not obligated to limit access to our services to any entity, in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of services and investments are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any service at any time.
You agree to assume all responsibility regarding whatever decision you make about obtaining Medical Healthcare Service and other Services and you agree to hold us harmless from any claims arising from the Services you receive from any Care Providers or Third Party Service Providers regardless of your location when you receive such a consultation.
12. Limitation of Liability
MYA CARE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, PARTNERS AND PROVIDERS) WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, ACT OF GOD, ACCIDENT, DELAY, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF ANY REPRESENTATIVE OF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MYCARE’S AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL UNDER NO CIRCUMSTANCES EXCEED $500 (FIVE HUNDRED US DOLLARS).
Without limiting the foregoing, Mya Care cannot be made liable or responsible for any delay, default, failure, improper services / deficiency in service(s), and/or for any injury, sickness, accident, discomfort, death, loss or damage of any kind whatsoever which may arise due to any act of negligence, deficiency or default in service, of the management or employees of the Care Providers and of any other Third Party Service Providers.
13. Indemnity
You hereby agree to defend, indemnify and hold harmless Mya Care (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, asserted by third parties arising out of or relating to (a) your use of, or conduct in connection with, our Website or Services; (b) any Feedback or Submitted Content you provide; (c) your violation of this Agreement; or (d) your violation of any rights of any other person or entity. We will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
14. Additional Terms and Conditions
- You may not assign or otherwise transfer your rights or obligations under this Agreement. Mya Care may assign its rights and duties without any notice to you in the event of a change of control. For the purposes of this Agreement, “change in control” shall mean the direct or indirect change in the ownership, operation or control of Mya Care whether resulting from merger, acquisition, share transfer / subscription, consolidation or otherwise.
- Other terms and conditions may apply to the Services availed by you from or through the Website. In such a scenario you will observe these other terms and conditions as may be applicable without any liability upon Mya Care.
- These Terms, together with those agreements and policies made a part of these Terms by reference, make up the entire agreement between Mya Care and you relating to your use of the Website and Services, and replace any prior understandings or agreements (whether oral or written) regarding your use of the Website and Services.
- The failure of any party to enforce at any time any of the provisions of this Agreement shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.
- This Agreement is governed by and is to be construed in accordance with the laws of England and Wales. If you take any legal action relating to or arising from this Agreement, you irrevocably agree to file such action only in the Courts of England and Wales. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the legal action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees.
15. Copyright Notice
Mya Care respects the intellectual property rights of others and expects the Customers of its services to do the same. If you believe that any content appearing on the Website has been copied in a way that constitutes copyright infringement, please forward the following information to the Mya Care.
To file a copyright infringement notice, you will need to send a written communication that includes the following to the address listed below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- The exact URL or a description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
16. Severability
If any clause, sentence, paragraph or part of this Agreement, or the application thereof to any person, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall be limited and confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy and remainder of this Agreement will continue in full force or effect.
17. Headings
Headings and titles in this agreement are for reference purposes only and do not constitute part of this Agreement and are of no legal force and effect.
18. Force Majeure
Mya Care shall not be liable for any delay or failure in performance due to acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, pandemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. Mya Care is not responsible for server downtime under any circumstances.
19. Terms and Privacy Policy
By using the Website, you consent to the use of your information as stated in our Privacy Policy. Please revisit the Terms and Conditions and the Privacy Policy on a regular basis.