A New Life Terms and Conditions of Acceptance
TERMS AND CONDITIONS
Please read these terms and conditions carefully. Do not continue to engage with us or the Services, or undertake the Surgery, if you do not agree to these terms and conditions.
- These terms and conditions form a binding contractual agreement between you (“the Client”, “you”) and us, Brio Travel Pty Ltd ABN 98 628 147 991, operating under the business name ‘A New Life Travel’ (“A New Life”, “us”, “we” “our”).
- By singing these terms and conditions, clicking the “accept” or similar button on our online acceptance form, making payment to us or otherwise continuing to instruct us, you represent and warrant that you have read and understood these terms and conditions, and that you accept and agree to be bound by these terms and conditions.
- These terms and conditions include the Key Details as set out in Attachment A, and either:
- the information in the Client Form if these terms and conditions are physically signed; or
- our written correspondence in relation to the items in the Client Form if these terms and conditions are otherwise accepted in accordance with clause 1(b).
- If there is any inconsistency between the Key Details or a completed Client Form and these terms and conditions, these terms and conditions will prevail to the extent of the inconsistency. If there is any inconsistency between a completed Client Form or Key Details Form and any written correspondence, the completed Client Form or Key Details Form will prevail to the extent of the inconsistency.
- Capitalised terms used in these terms and conditions have the meaning given in the Client Form or any Key Details Form or written correspondence.
- ASSESSMENT OF YOU FOR SURGERY
You acknowledge and agree to the following:
- we will make a preliminary assessment of your fitness for the Surgery, which we will provide to the Surgeon. Based on that assessment and in reliance on the information you provide to us for the purposes of performing that assessment, the Surgeon will also make a preliminary assessment. If the result is positive, we will then proceed to organising your Surgery; and
- when you arrive in Malaysia, the Surgeon will conduct a professional assessment of your fitness for the Surgery. That professional assessment will determine whether or not the Surgery will proceed. If the professional assessment determines that you are not fit for Surgery, we will follow the process in clause 1.
It’s important that all of the information you provide to us (“your information”) is accurate, up to date and comprehensive, and not misleading, in order for us to work with the Surgeon and other Hospital Staff to properly assess you for Surgery. We act in reliance on the information you provide to us.
You consent to us providing your information to the Hospital, including its staff, the Surgeon and the Concierge. You consent to us contacting your Next of Kin to update them generally on your Surgery.
If any information that you have provided to us, particularly in relation to your health status, changes at any time – we ask that you please notify us as soon as possible.
- WHAT WE WILL DO FOR YOU
In exchange for you paying us the Fees set out in the Key Details, we will:
- provide an introduction service as between you and the Surgeon;
- undertake a preliminary assessment of your suitability for the Surgery and assist the Surgeon to do the same by providing the Surgeon with your information;
- liaise with the Hospital to organise all administrative matters related to the Surgery and your stay in the Hospital, including in relation to payments; and
- provide you with a personal concierge service in Kuala Lumpur, who will assist you to get to and from the airport, your accommodation and the Hospital.
Other than paying us (as set out in clause 5), we need you to do all of the following:
- (Provide a Next of Kin) We ask that you provide a Next of Kin, so there is someone for the hospital to update. In the unlikely event of an adverse event, it becomes important for the Hospital to be able to contact someone. We will contact the Next of Kin and store and distribute their details in accordance with these terms and conditions.
- (Provide a date range for travel) We ask that you provide us with a date range that works for you to undertake the Surgery. We will then liaise with the Hospital, the Surgeon and the Concierge to arrange a time as close to your chosen date range as possible. We’ll let you know the actual dates, which will become the agreed dates for the purposes of these terms and conditions.
- (Organise Transport) You agree that you once the Surgery Date is confirmed, you need to book your travel, to allow suitable time before and after the Surgery.
- (Organise Accommodation) We can make recommendations about where to stay while you are in Malaysia, but we do not book this for you. You need to book suitable accommodation for the duration of your stay.
- (Get GP approval) You represent and warrant that you have the approval of a General Practitioner registered in Australia to undertake the Surgery, and you have not been told by a General Practitioner (whether or not the same General Practitioner as the first) that you should not undertake the Surgery.
- (Not Smoke) You represent and warrant that you currently do not, and undertake and agree to not in the future for the duration of these terms and conditions, smoke cigarettes or other products.
- (Travel Responsibly) It is your responsibility to not engage in any behaviour overseas that is potentially dangerous, illegal or could result in any negative or adverse outcomes, including soliciting prostitution or purchasing or using illegal drugs.
- (Know the risks) It is your responsibility to review, understand and satisfy yourself with all information provided to you by us, the Hospital and the Surgeon in connection with the Surgery. If something does not make sense, please ask the appropriate person to explain. We accept no responsibility for any misunderstanding or miscommunication about any aspect of the Services or the Surgery.
- (Consider getting Complications Coverage) We highly recommend that you purchase suitable cover for undertaking a medical procedure overseas. We are aware of a policy offered by Global Protective Solutions, as the only worldwide cover for medical complications. You should seek independent advice about the best insurance for you.
- (Disclosure) In addition to the other requirements of this clause, you must liaise with A New Life as it reasonably requests for the purpose of enabling A New Life to provide the Services. You must provide A New Life with all documentation, information and assistance reasonably required for A New Life to perform the Services. You represent and warrant that all information provided to A New Life is accurate, true, current and comprehensive, and not misleading or deceptive.
- THE COSTS AND MAKING PAYMENTS
- The Fees cover the costs and expenses of the Services as set out in clause 3 and do not cover any other activities or services.
- You must pay the Fees to A New Life, in the amounts, at the times, and using the Fee Payment Method set out in the Key Details, or as otherwise later agreed in writing between us.
- The Deposit is non-refundable under any circumstances and despite any other clause of these terms and conditions.
- BREAKDOWN OF FEES AND TAXES
- The Fees are divided into payments to the Hospital including the Surgeon, anaesthesiologist and other staff, and to us for our Services.
- Fees in the quotation under codes GSL, CONS and D1 are directly attributed to the surgeon, hospital and dietitian. These payments include applicable Malaysian Sales Taxes. Those items do not attract GST.
- Items under the code ALF and PC are direct payments to A New Life for the Services. Those items attract GST.
- Unless otherwise indicated, amounts stated in a Key Details do not include GST. In relation to any GST payable for a taxable supply by A New Life, the Client must pay the GST subject to A New Life providing a tax invoice, despite A New Life not previously having done so.
- EXCHANGE RATE FLUCTUATIONS AND PRICE LOCK
- If at the time of accepting these terms and conditions you are offered, and elect, to buy our “Price Lock Pack” we will reserve the price agreed to.
- If you do not purchase a Price Lock Pack, we cannot, due to exchange rate fluctuations, guarantee the exact Fees until you pay the Remaining Amount two weeks prior to the Departure Date.
- CARD SURCHARGES A New Life reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
- THE HOSPITAL, SURGEON AND OTHER Third party’s terms and conditions
Any Service that requires A New Life to acquire goods and services supplied by a third party on behalf of the Client – such as the Surgery – may be subject to the terms & conditions of that third party (Third Party Terms), including ‘no refund’ policies and liability waivers.
The Client agrees to any Third Party Terms applicable to any goods and services supplied by a third party that the Client or Service Provider acquires as part of the Services and A New Life will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms.
- You provide your consent for us to provide the information you have provided us to the Concierge, the Hospital and of its staff including the Surgeon.
- You provide your consent for the Hospital, its staff including the Surgeon, or the Concierge, to contact your Next of Kin at any time during your time in Malaysia.
- Except as set out in the above clauses 7(a) and 7(b), and except as otherwise contemplated by this Agreement, each party must not, and must not permit any of its officers, employees, agents, contractors or related companies to, use or disclose to any person any confidential information disclosed to it by the other party without its prior written consent.
- This clause 7 does not apply to:
- information which is generally available to the public (other than as a result of a breach of this Agreement or another obligation of confidence);
- information required to be disclosed by any law; or
- information disclosed by A New Life to its subcontractors, employees or agents for the purposes of performing the Services or its obligations under this Agreement.
Without limiting or otherwise affecting the general disclaimers set out in clause 8.2:
- (No endorsement of Surgeon) While we understand generally from word of mouth that the Surgeon is highly capable and well regarded, we do not formally or impliedly provide any endorsement of the Surgeon.
- (Not medical professionals or giving medical advice) We are an introduction service that aims to make this process smooth and remove the administrative burden of undertaking surgery overseas. We do not provide medical advice, and none of our staff are medically trained.
- (No guarantee as to outcome) We can provide you with accurate and genuine statistics in relation to the Surgeon’s success, However, we do not make any representation or guarantee that the Surgery will bring about any particular outcome.
- (Not responsible for any action or delay of an airline or other transport provider) Unfortunately, sometimes complications arise when relying on third parties to get from A to B. However, we do not accept any financial or other responsibility for any failure of any airline or other transport service to provide transportation services in accordance with any booking you make, or any failure of you to make such bookings.
- GENERAL DISCLAIMERS
- (Introduction service) A New Life is a medium that facilitates the introduction of Clients and Surgeons for the purposes of making arrangements for the Surgery to perform surgery on the Client. A New Life simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Clients and Surgeons in relation to such services or otherwise resulting from the introduction.
- (Limitation of liability) To the maximum extent permitted by applicable law, A New Life excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Service Provider. This includes the transmission of any computer virus.
- (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, A New Life’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:
- in the case of goods, their replacement or the supply of equivalent goods or their repair; and
- in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.
- (Indemnity) You agree to indemnify A New Life and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’ use of the Platform or your provision or receipt of Services from another User.
- (Consequential loss) To the maximum extent permitted by law, under no circumstances will A New Life be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Service Provider (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
- CANCELLATION, DISPUTES AND TERMINATION
We understand that undertaking the Surgery is a physically, emotionally and financially difficult time – and we aim to be fair to you wherever possible. If you do not attend the Surgery due to a change of mind, a failure of a third party including any transportation service, or for any other reason, or because the Hospital or the Surgeon has to cancel the Surgery (including for the Hospital’s own reasons or where you are deemed not fit for the Surgery) we will repay you:
- the portion of the Fees you have paid to us for Services which we have not yet performed; and
- the portion of the Fees which was paid for expenses we have not already incurred in connection with performing the Services.
However, we will need to charge you for the work we have done and expenses we have already incurred in connection with performing the Services (to be determined in our absolute discretion) and for any other losses we incur in connection with you not attending the Surgery.
We have no control over any costs or expenses the Surgeon or the Hospital (or both, as the case may be) may claim if you do not attend the Surgery or if the Surgeon or the Hospital has to cancel the Services. We will not be involved in any such dispute.
- DISPUTE RESOLUTION
- The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this Agreement prior to commencing any proceedings.
- If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party or, if the party is an individual, that individual.
- The parties acknowledge that compliance with this clause 2 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except:
- in the case of applications for urgent interlocutory relief; or
- a breach by another party of this clause 2.
- TERMINATION BY A NEW LIFE
A New Life may terminate this Agreement in whole or in part immediately by written notice to the Client if:
- the Client is in breach of any term of this Agreement;
- the Client is assessed, by A New Life, a GP or the Surgeon as not being a suitable candidate for the Surgery; or
- the Client becomes subject to any form of insolvency or bankruptcy administration.
- TERMINATION BY THE CLIENT
The Client may terminate this Agreement in whole or in part by written notice to A New Life if:
- A New Life has committed a material breach of this Agreement and has failed to remedy the breach within 30 days after receiving written notice from the Client; or
- A New Life consents to such termination, subject to the Client’s fulfilment of any pre-conditions to such consent (for example, payment of a pro-rata portion of the agreed fees).
- EFFECT OF TERMINATION
Upon termination of this Agreement, the Client must promptly pay (at A New Life’s request) any payments required by A New Life to third party suppliers or service providers to discontinue their work.
- (Survival) Any provision of this Agreement which, by its nature, would reasonably be expected to be performed after the termination, shall survive and be enforceable after such termination.
- (Governing Law) This Agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
- (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior consent of each other party (such consent not to be unreasonably withheld).
- (Relationship) Nothing contained in this Agreement creates an agency, partnership, joint venture or employment relationship between A New Life and the Client or any of their respective employees, agents or contractors.
- (Amendments) This Agreement may only be amended by a document signed by each party.
- (Waiver) No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
- (Further acts and documents) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this Agreement.
- (Entire Agreement) This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.