Terms & Conditions
PLEASE READ THESE TERMS CAREFULLY BEFORE USING HEALSEA.SITE OR ENGAGING OUR SERVICES. BY ACCESSING OR USING ANY PART OF THE SITE OR OUR SERVICES, YOU (“CLIENT”, “YOU”, “YOUR”) AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS (“TERMS”). IF YOU DO NOT ACCEPT THE TERMS, IMMEDIATELY DISCONTINUE USE OF THE SITE AND ALL RELATED SERVICES.
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1. DEFINITIONS
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• “Healsea”, “we”, “us”, “our”: Healsea Co., Ltd., a company registered in Thailand.
• “Client”, “you”, “your”: Any person who accesses the Site, completes our forms, or requests our coordination services.
• “Services”: Medical‑tourism facilitation, travel coordination, wellness consultancy, digital content, and related customer‑support channels provided through the Site, e‑mail, telephone, social media or any other platform.
• “Provider(s)”: Independent third‑party hospitals, clinics, physicians, laboratories, hotels, insurers, airlines, transport operators or other vendors engaged by or introduced through Healsea.
• “Site”: Healsea.site and all sub‑domains.
• “Agreement”: These Terms together with any booking confirmation, waiver, release, privacy policy, and supplementary terms referenced herein.
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2. NATURE & LIMITS OF OUR ROLE
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2.1 Facilitator Only – Not a Healthcare Provider
Healsea is a medical‑tourism facilitator and travel coordinator. We research options, arrange appointments, and organise travel logistics but **do not supply medical treatment** or give medical advice. All medical procedures, diagnoses, and post‑operative care are performed exclusively by independent Providers who accept full professional responsibility for their services.
2.2 No Doctor–Patient Relationship
Use of the Site or Services does not create a doctor‑patient relationship between you and Healsea. You must consult qualified healthcare professionals and rely solely on the advice of your treating Provider when deciding on any medical procedure.
2.3 Independent Contractors
Providers are independent contractors and are **not** agents, employees, or representatives of Healsea. We do not control, supervise, or warrant the quality, safety, legality, or effectiveness of any medical procedure or other service performed by Providers.
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3. CLIENT RESPONSIBILITIES & RISK ACKNOWLEDGEMENT
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3.1 Accurate Information
You agree to provide complete and truthful medical and personal information, including pre‑existing conditions, medications, allergies, and travel limitations.
3.2 Assessment of Risks
You acknowledge that elective medical treatment abroad carries inherent risks—including but not limited to surgical complications, infection, anesthetic risks, unexpected outcomes, and travel‑related hazards. You assume full responsibility for evaluating the suitability of any Provider, treatment plan, itinerary, or accommodation.
3.3 Insurance
You are solely responsible for obtaining comprehensive travel and medical insurance that explicitly covers elective procedures abroad, trip cancellation, complications, and medical evacuation.
3.4 Compliance with Instructions
You must follow all pre‑operative and post‑operative instructions given by Providers, including quarantine, medication, rehabilitation, and follow‑up care recommendations.
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4. BOOKINGS, QUOTES & PAYMENTS
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4.1 Quotes
Quotes are non‑binding estimates based on information available at the time and are valid for 14 days unless otherwise stated. Quotes may change due to currency fluctuations, Provider price revisions, or additional tests and procedures deemed necessary by the Provider.
4.2 Deposits & Payment Schedule
A deposit (typically 20 % of the total package price) is required to secure a booking. The balance is due **no later than 14 days** before the scheduled procedure or first travel date unless alternate arrangements are confirmed in writing. Failure to pay on time may result in cancellation without refund of the deposit.
4.3 Payment Methods & Currency
Payments are accepted via bank transfer, major credit cards, or any method listed on the Site. Charges appear in Thai Baht unless specified otherwise; foreign exchange and transaction fees are borne by you.
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5. CANCELLATIONS, CHANGES & REFUNDS
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5.1 Client‑Initiated Cancellations
• ≥30 days before the earliest scheduled service: full refund less a 5 % administrative fee.
• 15–29 days: 50 % refund of total package price.
• <15 days, same‑day cancellation, or no‑show: **no refund**.
5.2 Provider‑Initiated Changes
If a Provider cancels or materially changes your appointment, Healsea will use all reasonable efforts to secure alternative arrangements. Should you decline the alternative, you are entitled to a refund of sums paid to Healsea for that specific item only; Healsea is not liable for consequential losses such as airfares or accommodation.
5.3 Non‑Refundable Items
Airfares, visa fees, insurance premiums, laboratory tests already completed, and any other consumables or third‑party costs marked “non‑refundable” are excluded from refunds.
5.4 Chargebacks & Disputes
Initiating a chargeback without first providing Healsea an opportunity to resolve your concern constitutes a breach of these Terms. Any chargeback fees or penalties imposed on Healsea may be charged back to you.
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6. WARRANTIES & DISCLAIMERS
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6.1 No Guarantees of Outcome
Healsea makes **no representations or warranties** regarding the medical outcome, fitness for a particular purpose, or suitability of any procedure, Provider, or facility. All such warranties—express or implied—are disclaimed to the maximum extent permitted by law.
6.2 Third‑Party Content & Links
The Site may contain content provided by Providers or other third parties, as well as links to external websites. Healsea does not endorse and is not responsible for the accuracy or reliability of such content.
6.3 Technical Issues
Healsea is not liable for any interruption, delay, or failure of the Site or any communications system, including email delivery, due to technical issues beyond our reasonable control.
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7. LIMITATION OF LIABILITY
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7.1 Maximum Liability
To the fullest extent permitted by law, Healsea’s aggregate liability for any claim arising out of or relating to the Services or these Terms shall not exceed **the total facilitation fees actually received by Healsea** from you for the Services to which the claim relates.
7.2 Excluded Damages
Healsea shall **not** be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, loss of data, emotional distress, or reputational harm, even if advised of the possibility of such damages.
7.3 Provider Negligence
Healsea is **not** liable for acts, omissions, negligence, malpractice, or misconduct of any Provider or other third party. Any recourse for medical negligence shall be sought directly against the Provider.
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8. INDEMNIFICATION & RELEASE
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8.1 Indemnity
You agree to indemnify, defend, and hold harmless Healsea, its directors, officers, employees, contractors, and agents from and against all claims, damages, losses, liabilities, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your negligence or wrongful act; (c) any medical treatment or travel activity you undertake; or (d) your violation of any law or the rights of a third party.
8.2 Comprehensive Release
You hereby release Healsea from any and all liability, claims, demands, actions, or causes of action arising out of any loss, damage, injury, or death that may be sustained by you resulting from or in connection with any treatment, accommodation, transport, or activity arranged by Healsea, except to the extent caused by Healsea’s gross negligence or willful misconduct.
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9. INTELLECTUAL PROPERTY & LICENSE
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9.1 Ownership
All content, trademarks, logos, designs, and other intellectual property displayed on the Site are owned by or licensed to Healsea.
9.2 Limited License
We grant you a personal, non‑transferable, non‑exclusive, revocable license to access and use the Site for lawful, non‑commercial purposes.
9.3 DMCA / Takedown Procedure
If you believe content on the Site infringes your copyright, please notify us via the designated agent listed in our DMCA Policy. We reserve the right to remove or disable access to allegedly infringing material.
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10. ACCEPTABLE USE & COMMUNITY GUIDELINES
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You may not:
• Use the Site or Services for any unlawful purpose or in violation of any applicable laws.
• Transmit viruses, malware, or any other code of a destructive nature.
• Scrape, harvest, or collect data from the Site without prior written consent.
• Impersonate any person or entity or misrepresent your affiliation.
• Harass, threaten, or abuse staff, Providers, or other clients.
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11. FORCE MAJEURE
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Healsea shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, war, terrorism, civil unrest, epidemic, pandemic, labor dispute, cyber‑attack, natural disaster, or governmental action. Performance shall be suspended for the period of such event, and we will make reasonable efforts to resume operations promptly thereafter.
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12. GOVERNING LAW & DISPUTE RESOLUTION
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12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Thailand, without regard to conflict‑of‑law principles.
12.2 Negotiation Period
The parties shall attempt in good faith to resolve any dispute through negotiation within 30 days of written notice.
12.3 Arbitration
If unresolved, disputes shall be referred to confidential arbitration under the Thai Arbitration Institute (TAI) Rules in Bangkok, Thailand. The arbitral tribunal shall consist of one arbitrator, the language shall be English, and the award shall be final and binding.
12.4 Court Jurisdiction
If arbitration is not possible, the courts of Phuket, Thailand have exclusive jurisdiction.
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13. SEVERABILITY, NO WAIVER & ASSIGNMENT
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13.1 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.2 No Waiver
No failure or delay by Healsea in exercising any right shall operate as a waiver thereof.
13.3 Assignment
Healsea may assign or transfer its rights and obligations under these Terms without your consent. You may not assign your rights without our prior written approval.
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14. CHANGES TO TERMS
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Healsea may modify these Terms at any time. Updated Terms will be posted on the Site with a new “Last updated” date. Your continued use of the Site or Services after such changes constitutes acceptance.