Disclaimer
Indian Dental Retreat is an organiser of your dental treatment tour to India. Other than making information from third parties available to you, introducing you to third party providers of goods and services, Indian Dental Retreat is not itself providing you with any goods or services in the capacity of a principal. Except for arranging your dental treatment tours, Indian Dental Retreat does not itself supply or provide you any other goods or services. It is not itself a dental service or product provider. Indian Dental Retreat only facilitates your transport, accommodation, tour during your stay in India.
Third party principals ( not subcontractors to Indian Dental Retreat and independent of Indian Dental Retreat provide dental treatments services to you in India. It is therefore important for you to obtain and read the service providers terms and conditions applicable to the goods or services they provide and make sure that you are aware of any exclusions or limitations of liability imposed by the service provider. Some of these may limit or exclude liability for death, personal injury, delay and property loss or damage. Third party principals (sub-contractors to Indian Dental Retreat) provide some goods and services to you (including accommodation, transport, tours, travel, activities, meals & local sightseeing).
Indian Dental Retreat exercises every reasonable care in the selection of third parties that you are introduced to and whom may provide of goods and services to you in connection with your trip. It is important to note, therefore that:
- Indian Dental Retreat is the mere agent of the supplier of those goods and services and does not make any express or implied representation or warranty that any goods or services supplied by third parties to you will be fit for your required purpose or supplied by them with reasonable care and skill.
- All bookings for goods and services to be provided by third parties are subject to the terms and conditions and limitations of liability as may be separately imposed by tour operators, airlines, hospitals, clinics, hotels and other providers of goods and services to you (some of which limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage).
To the extent permitted by law, Indian Dental Retreat excludes all liability for any loss or damage whatsoever and howsoever arising (including but not limited to physical and psychological injury and loss or damage to property of whatever nature) that may arise in any way in connection with the offer or supply of goods or services by or through Indian Dental Retreat or any third party service provider or in connection with the supply of such goods or services. You release Indian Dental Retreat and its officers and employees from all such liability and indemnify each of them severally against any such claims that may be made by or through you.
Indian Dental Retreat nor any of its officers, employees or directors are doctors, dentists or otherwise are qualified to provide information in relation to any dental procedure. You acknowledge and accept that Indian Dental Retreat (or any of its officers, employees or directors) has not offered any advice or expressed any opinion that a reasonable person would consider as being an advice or opinion in relation to any dental procedure (including with respect to any risks, side effects or otherwise).
Indian Dental Retreat does not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of tour operators, airlines, hospitals, doctors, clinics, dentists, hotels, and other providers of goods and services to you directly or indirectly in connection with any trip organised by Indian Dental Retreat on your behalf.
Without limiting the provisions of this clause, you agree to be bound by the terms of any contract between a third party provider of goods and services and yourself (which may be evidenced in writing by the issue of a ticket, voucher, coupon confirmation or the like).
Indian Dental Retreat does not accept any liability in contract or in tort for any injury, damage, loss, delay, additional expenses, or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control, including but not limited to war, civil disturbance, terrorist attack, fire, flood, acts of God, acts of Government or of any other authorities, accident to or failure of machinery or equipment or industrial action, or which are not preventable on our part.
Except for any condition or warranty implied by law which cannot be excluded, Indian Dental Retreat makes no statement, representation or warranty that any goods or services supplied by third parties will be fit for your required purpose or supplied by them with reasonable care and skill or as to the safety, conditions, standards or other issues that may exist at any destination or service provider. If the Trade Practices Act 1974 (Cth) or any similar law implies a condition or warranty that cannot be excluded, the liability of Indian Dental Retreat for a breach of the condition or warranty will be limited as determined by Indian Dental Retreat in its absolute discretion to (a) in the case of goods, any one or more of the following (i) the replacement of the goods or the supply of the equivalent goods or (ii) the payment of the cost of replacing the goods or of acquiring equivalent goods and (b) in the case of services (i) supplying the service again or (ii) the payment of the cost of having the services supplied again.
You acknowledge that any dental advice, procedure or other service that you ask Indian Dental Retreat to book on your behalf carries risk. For example, the advice may be incorrect, the procedure may not be successful, or may cause injury or have side effects. You further acknowledge that standards of dental advice, procedures, and care generally outside Australia may be different to Australian standards and in some cases, they may be lower.
Accordingly, without limiting the more general provisions of this disclaimer, you specifically represent and warrant to Indian Dental Retreat that (a) you have obtained or been advised by Indian Dental Retreat to obtain independent dental advice from an appropriately qualified dentist in relation to any dental services that you have asked Indian Dental Retreat to book on your behalf (b) Indian Dental Retreat has not given you any advice or expressed any opinion that a reasonable person would consider as being an advice or opinion of a dental nature (including with respect to any risks, side effects or otherwise) (c) even though Indian Dental Retreat may have provided information regarding the availability of dental services or booked dental procedures, products or other services on your behalf, Indian Dental Retreat takes no responsibility whatsoever and excludes all liability for the actual dental services provided and (d) You accept and are solely responsible for these risks and will not hold Indian Dental Retreat or its officers or employees responsible in any way you use those services solely at your own risk.
To start the process of consultation, treatment planning, and scheduling, there are some upfront fees and costs to ensure our patients and their supporters get the highest value, safest, and positive dental outcomes. As such, we ask for a small deposit upfront.
Patients understand that they are opting for a dental treatment/procedure that is not urgent and may not be medically necessary.
If patients cannot make their proposed scheduled procedure, due to COVID reasons, we will make every effort to work with the patient to reschedule to a more appropriate time, and apply such deposit to future consultation and procedures. We respect our patients, and also Australian law and best practices, and will provide each patient with respect, and a reasonable opportunity to make an informed decision on whether to opt in or opt out of any new scheduled consultation or procedural scheduling. Due to our costs through our supply chain, and the fact that government public health and travel advisories can impact our business (many of these costs are fixed, which include dentists), we cannot provide refunds of initial deposits to patients.
Given the nature of the virus, our team- and through this communication, all of our patients understand there is an inherent risk of becoming infected with COVID-19 by virtue of proceeding with travel to any surgical location in general, and with this elective treatment/procedure/surgery in particular which requires travel. When the decision is made to proceed, patients acknowledge and assume the risk of becoming infected with COVID-19 through this elective treatment/procedure/surgery. Of course, prior to choosing to continue to procedures, patients confirm that they have been tested for COVID and received a negative test result, the tests in some cases may fail to detect the virus; patients may have contracted COVID after the test, whether or not they have symptoms. Our dedicated team, and doctors, cannot eliminate COVID risks.
We will keep in contact with our customers wherever possible to advise you of how we are handling various circumstances. In doing so, our business continues to be mindful of their obligations under the Australian Consumer Law, which include being direct and fair, and working together in COVID 19 times.
Recommendations:
Indian Dental Retreat strongly recommends that you seek medical advice before you travel, take out travel and medical insurance and disclose all relevant matters to your insurer (including the fact that you may be undertaking dental surgery as part of your travel).
The package prices provided are for planning purposes only. Eligibility for these packages can only be established after the patient has been examined by the dentist. These packages are for uncomplicated routine cases and other charges may apply as noted in the package description. It is important that you read the package information carefully to ensure that you are aware of any medical conditions which are considered complex or high risk and therefore will not qualify the patient for the package. The partner dental clinic will be the only person who can decide whether you can make use of the package offered. The short stay 5 night / 6 day in India during the treatment is subject to the dentist’s final opinion at your post-operative check-up. This may require you to stay longer and extend your trip and you will be liable for any costs incurred.
We would recommend that you bring (or have available) additional funds for any contingencies such as extended hospital stay due to surgery complications and any other related expenses that may arise from such a complication.
