MedAire provides a certain service, known as the "MedAire Trip Ready for Desktop Application". This Application is provided as a courtesy to, and may only be used by, eligible MedAire members.
Acceptance
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APPLICATION.
THIS APPLICATION IS MADE AVAILABLE TO USERS ON THE BASIS OF THESE TERMS AND CONDITIONS. BY DOWNLOADING, ACCESSING, BROWSING OR USING THIS APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
MedAire reserves the right, in its discretion, to update or revise these Terms and Conditions at any time. If you do not agree to these Terms and Conditions, please do not use the MedAire Trip Ready for Desktop Application. Please check the Terms and Conditions periodically for changes. Your continued use of this Application following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
Privacy
From time to time, you may be providing MedAire with personal information. Such personal information is subject to MedAire’s Privacy Policy, http://www.internationalsos.com/en/privacy.htm.
To enable MedAire to provide relevant information to you through this Application, the information you provide should be true, accurate, current, and complete.
Disclaimer and Limitation of Liability
There is no guarantee or warranty, express or implied (a) of the completeness or accuracy of the data you access, including without limitation, implied warranties of satisfactory quality and fitness for a particular purpose, and (b) that access will be uninterrupted, timely, secure or error free, that defects will be corrected, or the MedAire Trip Ready for Desktop Application or the server that makes it available are free of viruses. You acknowledge the Application is provided "as is" and "as available" for your use. Under no circumstances will MedAire be liable for any loss or damage, including, without limitation, special, indirect, punitive or consequential loss or damage, loss of profits, howsoever arising. You agree that MedAire shall not be responsible for unauthorized access to or alteration of your data, or any transactions entered into through the MedAire Trip Ready for Desktop Application.
Modifications and Charges
MedAire reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, or impose or change any fees or charges for use of the MedAire Trip Ready for Desktop Application, with or without notice, or whether or not in accordance with the terms of the separate written agreement with MedAire that makes you an eligible user of this Application.
The MedAire Trip Ready for Desktop Application provided by MedAire may generate mobile data usage if accessed via a mobile carrier. The amount of data usage will vary greatly depending on the frequency and duration of use. If applicable MedAire highly recommends that you subscribe to a "data plan" through your mobile carrier if you elect to utilize the Application. Substantial data usage fees may be charged in the absence of a "data plan" or in the event that you exceed your "data plan's" monthly allotment.
It is your responsibility to be aware of the details of your account with your mobile carrier, including what will result in a fee being charged. The terminology used above may vary from carrier to carrier. "International roaming" may increase these fees. If you have any question whether the usage of the MedAire Trip Ready for Desktop Application will result in a charge or increase in/on your phone bill, please contact your mobile carrier.
In no event shall MedAire be responsible for any charges, penalties, taxes, overages, or any other fee imposed by your mobile carrier as a result of your use of our Application.
Third Party Information and Links
Using the MedAire Trip Ready for Desktop Application, you may be able to access links to third party Web sites ("Linked Sites"), or information obtained from third parties ("Third Party Information"). The Linked Sites and Third Party Information are not under MedAire’s control and MedAire shall not be responsible for the contents of any Linked Site or Third Party Information, including without limitation the accuracy, copyright compliance, legality, decency, links or any other aspect of the Linked Sites. MedAire shall not be responsible for any form of transmission received from any Linked Sites or for the ability to access such Linked Sites. MedAire provides such links and information to you only as a convenience, and the inclusion of any link or Third Party Information does not imply endorsement by MedAire of such Linked Site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You agree that MedAire is not responsible for any content sent through the Application by any third party.
Governing Law and Dispute Resolution
These Terms and Conditions are governed by the laws of the country specified in the separate written agreement with MedAire that makes you an eligible user of the MedAire Trip Ready for Desktop Application.
Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved pursuant to the dispute resolution clause specified in the separate written agreement with MedAire. If there is no applicable clause or valid written agreement, these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Arizona, United States of America. Any dispute shall be referred to and finally resolved by arbitration in England, conducted by the London Court of International Arbitration ("LCIA") in accordance with the Rules of the LCIA for the time being in force, which is deemed to be incorporated by reference in this Clause. The number of arbitrators shall be three, with each party appointing an arbitrator and the third arbitrator shall be appointed by the two arbitrators appointed by the parties. The language to be used in the arbitral proceedings shall be English.