Terms of Service
The present terms and conditions of use regulate the access to the information contained in our website and application 'Fly to Doctor', sole and exclusive property of Fly to Doctor LLC, understood as the contents and services that the owner makes available to its users.
Likewise, these Terms and Conditions establish the guidelines for the operation and use of the Platforms between (name of the company) and the Users.
Thereon, it is expressed that Fly to Doctor LLC, EIN number 36 4982978, address 3625 N country Club Dr Apt 1003, Aventura FL 33180 United States, contact email: info@flytodoctor.com
Fly to Doctor is a commercial company properly incorporated and registered under the laws and regulations in force in the United States, where the company has a special domicile at address (3625 N COUNTRY CLUB DR APT 1003) and an e-mail address at (info@flytodoctor.com). Additionally, the company has in the Republic of Argentina its attorney-in-fact and commercial representative, WELLNES MANAGEMENT SA, wellnesmanagement@gmail.com
I) Terms, Definitions and Interpretation.
1.1) Regarding this/For all purposes, the Parties understand that the terms and conditions incorporated herein shall be executed in accordance with the terms, meaning and scope set forth below. In this sense, these terms shall be interpreted primarily on an exegetical basis and secondarily on a systemic basis and no other system or form of interpretation shall be used.
1.2) Therefore, any reference to the terms described in this document shall be interpreted in accordance with the scope defined below:
- Fly to Doctor: Company aimed at intermediating in the commercial management of tourism and health services offered between the User and the Providers (Specialist Doctors, Clinics, Travel Agents: transportation services, tourism companies, travel insurance companies, etc.). Fly to Doctor in no case acts as a direct provider of the services or products offered.
- Users: Any individual or entity that acquires the services of the Providers through the Fly to Doctor platform, who are interested in having any medical attention or intervention related to their health, together with their accompanying. These may be national or foreign agents. The services or products purchased by the User will not be transferable to others.
- Parties: Plural term to refer to Fly to Doctor and the User equally and collectively.
- Medical Provider: doctor or other duly registered health professional who is trained and authorized to treat a special area in the field of medicine. Once the contracting has been made, they will be in charge of carrying out all the consultations, care and intervention required by the User. All the medical specialists that offer their services under Fly to Doctor Platforms have a wide experience and professional level of work.
- Health Care Provider / Clinic: Specialized private establishment, located in the Republic of Argentina. The clinics with which Fly to Doctor contacts users are specially recommended by our team, being the most recognized Argentinean clinics in the health field.
- Tourism Provider: Provider of services for tourism purposes related to the stay of the User and their companion or family group. All hotel services, airline tickets, travel insurance companies, transportation in general -except ambulances- and all other services related to the tourist service may be contracted with the tourist agent.
- Providers: Plural term used to refer to the direct service providers that Fly to Doctor is in charge of linking with the Users. These are: Doctors, Clinics and Travel Agents.
- Fly to Doctor Software: The Software whose terms and conditions, for end users, are subject to this Agreement. Fly to Doctor is a software used as an intermediary support tool in the commercialization of the services offered by the Providers and the Users.
- Application or Platform: Includes all content of the website flytodoctor.com and the Software Access Interface, its features and its resources. In particular, the interface accessible through www.flytodoctor.com
- Content Updates: Any modification to the Software or Platform, whether made automatically or not, as a result of upgrades or changes to its operation or appearance. Some updates may cause loss of information. Thereby, the User declares to know and understand such eventual circumstance, being obliged to make the necessary backups to diligently prevent any loss or alteration of information, according to its own interest and under its own risk.
- Upgrades: An upgrade shall mean the acquisition of a better version than the one originally purchased.
- Services: The services included in our Platforms will vary depending on the acquisition described and effectively acquired. Those values may be estimates. Some other values must be quoted independently according to the request made by the User, through the forms offered and according to his needs.
- Maintenance: The level of maintenance and support may vary occasionally. Features that may be provided include, but are not limited to: email support, high priority email, on-boarding platform support, custom field support, specialist consultation seating, custom report support, custom agent module support, telephone support line/conference call, quarterly configuration review, among others.
- Quotations: Price list to be applied to the values stipulated in the acquisition of the services offered by Fly to Doctor and according to the User's needs, some values are reference values and others must be quoted in a personalized manner due to the nature of the services.
- Main Contacts: Addresses and e-mail addresses provided by the Parties. Fly to Doctor is the one referenced at the end of this document. For the first time, the User in the one that is declared at the moment of creating a user, and its respective login.
1.3) In the event that the terms set forth herein, as well as any word, phrase, clause or sentence is eventually interpreted contrary to law or inapplicable for any reason, such word, phrase, clause or sentence shall be modified or eliminated so as to give the meaning in accordance with such subsequent provision or resolution. However, even in such event, the remaining provisions set forth herein shall not be affected thereby, and shall remain in full force and effect for their intended purposes and effects.
II) Acceptance and Entry into Force.
2.1) Access to the Platform or use of the same by the User shall be construed, for all purposes hereof and without limitation, as full knowledge and acceptance of the terms and conditions detailed. Therefore, a careful reading of these provisions is recommended. In this sense, the first access by the User, or the respective contracting of the Products and Services described herein, regardless of the occurrence of a subsequent access or use, shall imply the full entry into force of the rights and obligations of the Parties.
2.2) The acceptance of this Agreement implies an express acknowledgment by the User of the reading, understanding and acceptance of the terms, effects and scope of this Agreement; not being able to claim lack of knowledge of the stipulations that have been made available to the User. Such acceptance also implies that the User is fully capable according to the provisions of the Argentine legal system.
2.3) Any party that does not accept the terms and conditions herein, which are constituted as mandatory and binding, must abstain from using the Platform, the Software and any products and services that are intellectual property of Fly to Doctor.
2.4) Fly to Doctor, at its sole discretion and without prior notice, may modify, in whole or in part, its Terms and Conditions, its use policy and its services and product policies, without being legally obligated to notify Users or Linked Agents. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately upon posting. Fly to Doctor, in its sole discretion, may notify Users through newsletters, notices or generic communications of any modifications; however, such action shall not be construed to create a specific obligation to notify. Therefore, if such notification occurs, it will be interpreted as an act of courtesy performed by Fly to Doctor and will not exempt the Users or the Providers from their obligation to keep themselves duly informed of any modification made to the terms herein.
2.5) Registration. In order to access the platform, the user must complete the registration form in all fields/froms and with valid data. The data requested from the User will be the full name, surname, e-mail address and contact telephone number. The User must update his/her data as necessary. Fly to Doctor is not responsible for the accuracy of the User's Personal Data. Users guarantee and are responsible, in any case, for the authenticity /truthfulness, accuracy, validity and authenticity of their Personal Data.
2.6) No action or use of any device, software or other means to interfere with the activities and operation of Fly to Doctor or Fly to Doctor's descriptions, accounts or databases is permitted. Any intrusion, attempt or activity in violation or contrary to the laws on intellectual property rights and/or the prohibitions stipulated in this contract will make the responsible party liable to the pertinent legal actions, and to the sanctions foreseen by this agreement, as well as to compensate for the damages caused.
III) Term.
3.1) The Parties, by mutual agreement, understand that these Terms and Conditions shall remain in force for the duration of the contractual relationship between them, and from the date of performance set in accordance with the description set forth in provision II; notwithstanding the fact that certain provisions, due to their nature, shall remain in force after the end of the term of duration of the services or products purchased.
3.2) The Terms and Conditions established herein shall govern the relationship between the parties as long as the User remains active on the platform and contracts the professional services offered by the Providers through the platform.
3.3) The Users shall agree with the Providers the final price of the purchased services and shall pay it through the payment method agreed with them. In the event that the User cancels the performance of the contracted service, the Providers shall be entitled to retain a percentage of the amount paid by the User. This is because the User understands that the Providers made time available for medical consultations and communications and, in addition, granted reservations for appointments that may not be covered later by other Users.
IV) Services.
4.1) Fly to Doctor makes available to the User, the Platform of which it is the owner, with the objective of contacting the Users with the medical, health and tourism Providers, so that they can access the medical tourism services. To all intents and purposes, the service offered by Fly to Doctor through this platform will only be to link the Users with the above mentioned Providers, and also the medical professionals with the Users.
4.2) Fly to Doctor will not participate in any way in the provision of medical, health and tourism services and Fly to Doctor hereby declares that it does not have any social or labor participation with the Provider companies.
4.3) Available Option. Fly to Doctor will not advise the Users nor will it participate in their choice of medical and tourism services. The choice of the services offered on the platform is the sole responsibility of the Users. Users declare and guarantee that the service received shall depend solely on their choice, according to their own discretion, of the Providers offered through the platform. The Providers declare that they are aware that the level of fulfillment will depend on the User's acceptance and the payment schedule agreed with them.
Likewise, the contracting Users of the services offered on the Fly to Doctor Platforms declare that the contracting has been chosen after having made various alternatives with other professionals and institutions, therefore they declare that they have operated with manifest freedom when linking with the various Providers through the Fly to Doctor Platform.
The Providers declare that the level of fulfillment of the financial obligations by the Users will depend on the acceptance by the Users and the payment program agreed upon in each particular case. Fly to Doctor does not in any way participate in the financial performance or pricing arrangements between the Providers and the Users.
4.4) Limitation of Liability. The linking service between the Users and the Providers through Fly to Doctor's platform does not imply any representation regarding the suitability, capacity or effectiveness in the performance of the services by the Providers, nor does it guarantee the payment of the Users for the services acquired. Therefore, Fly to Doctor does not assume any obligation to guarantee the payment of the Users to the Providers for the services acquired from the link between them through the Platform; and does not guarantee the Users the quality or conformity of the services acquired through the link provided by the Platform.
4.5) Modality of the Service. The modality of the linking service offered by the Fly to Doctor Platform shall be subject to the following terms.
4.5.1) Enquiry Modality. The users will be able to choose the medical providers, sanatoriums and tourism agencies, contact them through the platform and make the consultations they deem necessary to move forward with the contracting process. Fly to Doctor will not advise users nor will it answer medical, sanitarium or tourism queries. The only advice that Fly to Doctor will give to the Users will be about the use of the Platform through a chat that will be made available to them.
4.6) Platform Maintenance and Support. During the term of the Agreement, Fly to Doctor agrees to immediately provide User with all maintenance and support services reasonably necessary to enable User to use and operate the Software as provided in the Agreement.
V) Liability.
5.1) Fly to Doctor makes every effort to ensure that the information contained in its Platforms is accurate. Fly to Doctor makes no warranty as to the accuracy or reliability of any information contained therein. Therefore, visiting Users are cautioned that reliance upon the information contained therein shall be at the sole risk of the reader or User of such information.
5.2) The information provided on our Platforms is intended as a resource for Users and the general public to provide relevant information on the different forms and types of medical care combined with tourism services that are available in the trade, but such information cannot serve as a substitute for a consultation with a licensed and duly specialized physician on a case-by-case basis.
5.3) Users who consider moving forward with the hiring of the Providers, are advised to consult with a duly accredited, registered physician with a specialist title of their confidence and / or previous particular treatment before making decisions regarding the hiring of any of the Providers included in the Platform. This is without prejudice to the fact that, once the contract has been made, they will begin to be in contact with the selected travel agencies, Specialist Doctors and Clinics, in order to be able to make the professional consultations they deem necessary. In this case, Fly to Doctor is not responsible for the content or suggestions made by the providers to the Users and will not be responsible for the decisions, actions or choices made by the users or any other person based on the information, suggestions or advice given by the providers, and the consequences or damages that may occur as a result of these. Fly to Doctor does not participate in, nor is it in any way linked to, any of the opinions, observations, recommendations, suggestions or advice given by the providers to the users.
5.4) The User accepts and releases Fly to Doctor and its shareholders, officers, directors and employees from all claims arising out of or related to access to, use of or inability to access or use our Platforms or the information contained therein or other websites to which it is linked.
5.5) Fly to Doctor may provide links on The Platforms to other websites that are not under the control of Fly to Doctor. In general, any website that has an address (or URL) that does not contain https://www.flytodoctor.com/ is such a website. These links are provided only for your convenience, reference or additional services that may be provided by separate entities and are not intended as an endorsement by Fly to Doctor.
VI) Intellectual Property.
6.1) Fly to Doctor is the sole and exclusive owner of the design, implementation and content of the interface and its operation, including its graphic design and the source code of its Platform; which are protected by copyright and other rights provided for in the various legal systems of the world, and in particular in the Paris Convention for the Protection of Industrial Property of March 20, 1883, revised in Brussels on December 14, 1900, in Washington on June 2, 1911, in The Hague on November 6, 1925, in London on June 2, 1934 and in Lisbon on October 31, 1958 (Lisbon Act), and concordant, and specific to each region or country in which the present is used.
6.2) These rights belong exclusively to Fly to Doctor. Therefore, it is expressly forbidden any act of reproduction, distribution, transformation or public communication, as well as any type of transfer, of all or part of the content of the Platforms, the tools included, its sections or any other aesthetic or computer content existing in this, and in general any act of misuse of all or part of the contents (images, text, design, indexes, forms, etc.) as well as databases and software necessary for viewing or operation of the same and any object that according to current legislation is protectable by the rules of intellectual property. The aesthetics and functions present in the application have been developed by 2hdesign SRL, under the direction, recommendation and original ideas of Fly to Doctor.
6.3) Users may not in any case explode or use commercially, directly or indirectly, in whole or in part, any of the contents; with the exception of the services that may be acquired by the system. The authorization for the use of any of these can be requested to the e-mail address info@flytodoctor.com. What is established in the previous paragraphs will not imply in any case the assumption of responsibility by Fly to Doctor for the content, nor will it generate the right to indemnification for Users, Providers or other different persons. Trademarks, commercial names, business signs, names, logos, slogans or any type of distinctive sign shown on the Platforms cannot be used.
6.4) Fly to Doctor expressly reserves all civil and criminal actions, by virtue of national and foreign legislation, that may correspond to it as a consequence of the infringement of the industrial and intellectual property rights that correspond to it.
VII) Statements and Warranties.
7.1) Software and Services. Fly to Doctor represents and warrants that: (i) the Platforms and the Software provided will be free of significant programming errors. The Parties shall interpret the meaning of 'significant programming errors' as including all those that could affect the fulfillment of the objective that leads to the contracting of the service, impossible or unfeasible; (ii) the services and Software shall comply with the standards generally observed in the industry for similar services and Software.
7.2) Statements and Warranties of the Users. The Users declare and guarantee that:
7.2.1) They are persons with legal capacity to contract. The platform may not be used by persons who do not have such capacity or minors.
7.2.2) The data provided through the Platform are verified.
7.2.3) Users shall refrain from providing any information other than that specifically required by Fly to Doctor through the Platform. In any case, Users must share the necessary medical information directly with the Medical Providers and Health Clinics with whom they actually contract.
7.2.4) They are aware that Fly to Doctor is not a provider of health services, and that it will not intervene directly or indirectly in the provision of medical, hospitalization or clinical services, or tourism services that the User finally contracts with the Providers.
7.2.5) They must abstain from performing acts, by themselves or through third parties, that may affect Fly to Doctor's intellectual property in any way; nor modify said intellectual property, regardless of the purpose of said acts.
7.2.6) The contracting and choice of the Services exhibited through Fly to Doctor's Platform were made freely and after analyzing various alternatives.
7.2.7) The Providers will be subject to non-competition clauses regarding the programming and maintenance of the Software, to the benefit of Fly to Doctor.
7.2.8) Acknowledge that the present Terms and Conditions do not create any partnership, agency, franchise, or employment relationship between Fly to Doctor and the User.
7.2.9) The User acknowledges and agrees that Fly to Doctor is not a party to any transaction, nor does Fly to Doctor have any control over the quality, safety or legality of the Providers goods and services.
7.3) Providers Representations and Warranties. The Providers represent and warrant that:
7.3.1) They acknowledge that Fly to Doctor is the sole and exclusive owner of the operating system that will support the Software, as well as the Platform, among other assets included by Fly to Doctor's intellectual property rights.
7.3.2) Conflict of Interest. The Providers and their associates, dependents, or third parties that are linked to them, will abstain from participating in such activities, in accordance with the provisions included herein.
7.3.3) They will avoid and, in such case, indemnify and repair the damages caused to Fly to Doctor for any breach of security in their systems, whether it occurs by human error or failure of the internal system or hardware failure, or by any type of conduct, action or omission, whether negligent or malicious, by their users, employees, authorities or any other third party that may have access to the Software on their behalf or an unauthorized third party to whom they have given access to the Software, documentation, reports or any other information contained therein. In such case, Fly to Doctor shall be exempt from any liability with respect to such misuse.
7.3.4) All parties in any kind of relationship with Fly to Doctor shall comply with the Confidentiality and Professional Secrecy Policy established in section XIV with respect to Fly to Doctor's intellectual property. The Providers warrant that they will hold Fly to Doctor harmless against any damages arising from a breach of such obligation.
7.3.5) Acknowledge that Fly to Doctor cannot ensure that a User will contract the services of the Providers nor can it verify the identity or personal data entered by the Users.
VIII) Personal Data Processing Policy.
8.1) Fly to Doctor compiles some personal data directly from the interested Users who decide to use the Platform. Such data are provided in an autonomous and independent manner at the will and under the control of the Users, notwithstanding the data that may be collected through the link with Google (subject to acceptance). These additional data may be, for example: full name, age, area of residence, essential documentation for the contracting of our services.
8.2) Use of the Information Compiled: All information provided will be treated as confidential. Notwithstanding the above, the Fly to Doctor platform uses the information stored for statistical purposes and to register the Users and link them with the Providers. Specifically, the information that will be requested from the Users through the platform will be the following: name, surname, ID, address and e-mail.
8.3) The personal Databases collected by Fly to Doctor are subject to current legislation. Questions, comments and complaints about data practices may be sent to the following e-mail address: info@flytodoctor.com. In any case, and without prejudice to the aforementioned, the Users may access the stored data, freely requesting its exhibition, modification or suppression, as indicated in the Fly to Doctor Privacy Policies.
8.4) To the extent that Fly to Doctor processes personal data about any person in the course of providing the Services, it will do so only as a data processor acting as a data controller. Once the data has been transferred, Fly to Doctor is not responsible for its processing.
8.5) Fly to Doctor shall implement and maintain throughout the term of this Agreement appropriate technical and organizational measures to protect the Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and against all other unlawful forms of processing.
IX) Indemnity.
9.1) The User will hold harmless Fly to Doctor, and also its affiliates, controlled and/or controlling companies, officers, directors, successors, administrators, representatives, commercial managers and/or employees, for any claim initiated by other Users, third parties or by any Agency, related to their activities on the platform, compliance and/or non-compliance with the General Terms and Conditions or other Policies, as well as with respect to any violation of laws or rights of third parties.
9.2) The Providers will hold Fly to Doctor harmless, as well as their affiliates, controlled and/or controlling companies, officers, directors, successors, administrators, representatives, commercial managers and/or employees, for any damage, claim or injury that could be caused to any User. The Providers accept and understand that Fly to Doctor is not a provider of health services, and that it will not directly or indirectly take part in the provision of medical, hospitalization, clinical or tourism services that the User may contract. For such purposes, the Providers shall have contracted and covered by their own insurance policies, as indicated in Clause 16 of these Terms and Conditions, and shall be responsible for the liabilities and obligations involved in providing care to the Users.
9.3) Likewise, this indemnity of the Providers to Fly to Doctor will be maintained not only during the provision of the medical services they provide but also after such provision.
X) Relationship between Providers and Fly to Doctor.
10.1) The User declares to know that Fly to Doctor and the Providers, within the scope of the services and products offered by the latter through the Platform, are totally independent parties and that they exercise their activity in a differentiable and separate manner. Therefore, they do not have shares, nor are they shareholders or partners, they do not share a legal or fiscal address, they do not share clients or suppliers, and they do not have any commercial or non-commercial relationship other than the one described herein. Fly to Doctor is a company whose purpose is to interconnect the Users with Doctors and Clinics in order to provide the previous consultations and the necessary direct attention, and in turn, the Users with the Travel Agents who will be in charge of offering all the services related to the tourist industry. In no way does Fly to Doctor take or will take part in the provision of those services, nor will it be directly involved in the effects of the User contracting or not contracting any professional or establishment.
10.2) Therefore, Fly to Doctor, the Providers, and the Users with respect to the foregoing, declare that they acknowledge and accept the fact that each party conducts its business with its own organization, management and employees, and each assumes in full the commercial risks related to its activities, relationships and the fulfillment of its obligations hereunder. Furthermore, nothing contained in these Terms and Conditions shall be deemed or construed to create any employment relationship, partnership or joint venture between Fly to Doctor and the Lenders.
10.3) If necessary, both Fly to Doctor and the Providers will make any statement or announcement necessary to provide certainty about the independent relationship described above.
XI) Publicity.
11.1) The Providers have authorized Fly to Doctor to use their names and logos in order to identify them as providers of the products and/or services that are exhibited within the Platform.
11.2) Furthermore, Fly to Doctor may use the name and the reviews and valuable comments of the Users, to qualify or quantify the various Providers, provided that it has prior authorization from the latter, with the objective of making their experience known to other Users.
XII) Fees.
12.1) The quotation of the services contracted by the Users will only be subject to the final price set by the contracted Providers. Fly to Doctor will not have any type of interference or participation in the process of generating the quotation for the services. This task will be exclusively the responsibility of each one of the Providers.
12.2) The type of quotations sent by the Providers to the Users can be as follows:
12.2.1) Quotation with standardized market values for the type of medical service required.
12.2.2) To be elaborated according to the personal needs of the particular case of the User, according to the characteristics and/or complexity of the type of medical service required; an evaluation that will be exclusive to the Providers and the Users, and from which Fly to Doctor will be totally exempt according to the limited approach of the parties without providing any medical service of any type.
12.3) Fly to Doctor will receive a ten percentage (10%) of the final price fixed between the Provider and the User, as a commission for providing the service of bringing the Provider and the User together as an intermediary, through the Fly to Doctor Platform.
12.4) Payments shall always be made by the User through the means available through the Platform, without prejudice to what is indicated in section 12.1).
12.5) By using the platform, the User may access a list of certain Services with their respective prices, which may be estimates. Some other values will be sent by a formal Quotation by the Provider, since they must be quoted independently according to the request made by the User, through the forms offered and according to his particular needs.
XIII) Ability.
13.1) Fly to Doctor warrants that it has legal power, capacity and authorization to enter into and execute the intermediation of the services displayed on its Platform, and that the linked entities are duly organized and validly existing under the laws of the jurisdiction of their formation and are registered with the respective governmental, fiscal, tax and administrative institutions in accordance with their business activity. shall keep detailed and accurate accounting records in accordance with the laws and regulations applicable to the Services.
13.2) Fly to Doctor agrees to comply with all current legislation, statutes and/or national, provincial and municipal regulations in relation to its business activities, and/or regulations that may replace such applicable law in the future. Furthermore, the Providers shall be solely responsible for their non-compliance, assuming the legal consequences resulting therefrom.
13.3) Therefore, fly to Doctor and the Providers shall comply with all statutes, executive orders, decrees, regulations, rules, orders, ordinances and any other legal, administrative or municipal provision applicable to the Services and its employees or regulations that the authorities deem applicable.
13.4) Furthermore, the Providers undertake to comply with the laws, regulations and statutes that are in force or that may be enacted during the term of the relations maintained with Fly to Doctor, which are related to the protection of Users' personal data.
XIV) Cookies Policy.
14.1) Cookies are documents automatically installed on Users' computers or devices, which recognize it by means of a reference number. Cookies help collect statistical information such as: the exposure of certain members of the community to certain web content, the parts of the surveys we offer, the frequency of access to the content, the profile of those who access the content or other relevant statistical information. Cookies do not store personal data.
14.2) Digital impressions allow Fly to Doctor to collect information such as: type of browser used, operating system and IP address. This information is not connected to personal data. The fingerprints allow us to guarantee that the questionnaires are completed by only one user.
14.3) The use of the Fly to Doctor Platforms implies approval of the use of cookies and fingerprints.
14.4) Cookies are stored in the terminal of the User visiting the website or application in question, and contain certain information about the visit to the website or application. Fly to Doctor uses third party cookies (that is, that do not correspond to the authorship or use of the same by Fly to Doctor) in order to facilitate the User's navigation and without it being possible in any case to associate such cookies to the User's specific personal data or to identify the User through them.
XV) Taxes.
15.1) Taxes. User shall be responsible for the payment of all taxes in connection with the services offered by the Providers and displayed on the Platform, except for any taxes based on the gross income of the Provider and its authorized distributors. Provider shall be responsible for withholding, paying and reporting any and all applicable statutory, state or local income, employment and other taxes imposed by any jurisdiction.
XVI) Insurance. Visas.
16.1) Insurance. It shall be the responsibility and obligation of the Providers and in any case of the User to have contracted and in force all those insurances deemed necessary in order to provide the due guarantee and security in the provision and service, both medical and tourist.
16.2) Visas. It will be the responsibility and obligation of the User to comply with all the observances and obligations of the immigration policies in force in the Republic of Argentina, depending on their country of origin and/or residence. Fly to Doctor is not responsible for the User's compliance in this regard and has no responsibility whatsoever to inform the User about the necessary requirements to enter the Argentinean territory, regardless of the fact that it may do so out of mere cordiality.
XVII) Miscellaneous.
17.1) This Agreement constitutes a complete and definitive agreement between the Parties on its subject matter, and hereby invalidates any instrument, draft, exchange of notes, letter of intent or verbal agreement.
17.2) The Parties agree that, if for any reason or circumstance any provision of this Agreement or any part thereof is deemed invalid and unenforceable, such declaration shall not extend to the remaining clauses, for which reason the remainder of this Agreement shall remain in full force and effect, as mutually agreed by the Parties. The present provision shall be applicable regardless of the authority that, if any of the Clauses herein instituted are found to be invalid or unenforceable, be it judicial, administrative or any other competent body or entity in the matter.
17.3) Dispute Resolution. Except as provided below, all disputes arising out of or relating to this Agreement that cannot be resolved by negotiations between the Parties shall be submitted to mediation in accordance with this Section. Completion of such mediation shall be a condition precedent to the commencement of any action pursuant to this Agreement. If the parties are unable to reach agreement on their dispute within fifteen (15) business days after the earlier of the date on which one party notified the other of its desire to attempt to resolve the dispute, then the dispute shall be immediately submitted to mediation by a single mediator chosen by mutual consent of Lender and User. If the parties cannot agree on a mediator, Lender shall appoint one individual and User shall appoint another, and those two individuals shall jointly select a mediator. The mediation shall take place virtually, operating the jurisdiction of the Autonomous City of Buenos Aires. This obligation of the parties to submit any dispute arising out of or relating to this Agreement shall survive the expiration or earlier termination of this Agreement. Notwithstanding the foregoing, either party may request an injunction or other appropriate relief from a court to preserve the status quo with respect to any matter pending the conclusion of the mediation, but shall not be permitted to stay or impede the progress of the mediation. If the parties are unable to reach an agreement through the above mediation process, either party may instead seek judicial resolution of the dispute. From the time either party requests to submit a dispute to mediation and until the satisfactory resolution of such dispute, this Agreement shall remain in effect, in accordance with the common understanding of the Parties. In this regard: the party requesting mediation shall notify the other party by reliable means of its intention to continue to perform its obligations under this Agreement. Upon receipt of such notice, the notified party shall send its response by reliable means within 24 hours, stating whether or not it will continue to perform its own obligations. In the event that such party does not intend to continue to perform its obligations, this Agreement shall terminate, without prejudice to the liability of the breaching party, on the date on which the party requesting mediation receives notice of intent not to perform the Agreement; or, alternatively, if the Parties decide to continue performance of their obligations, other than under the terms of this Agreement, they shall indicate in writing the scope and content applicable to their contractual obligations under these special circumstances. Failure to respond shall be construed as continued performance of the obligations unless and until notice is given by reliable means to the contrary or other grounds for termination pursuant to this Agreement.
17.4) Governing Law and Applicable Jurisdiction. The parties agree that this Agreement and all matters arising directly or indirectly out of or relating to this Agreement shall be governed by and construed in accordance with the Laws of the City of Buenos Aires, without giving effect to any choice of law rules that may require the application of the Laws of another jurisdiction. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS AGREEMENT. The parties agree that the exclusive jurisdiction and venue for any action relating to this Agreement shall be a federal or state court in the City of Buenos Aires and the parties hereby agree as to jurisdiction and venue.
17.5) No delay or omission by Fly to Doctor in exercising any right, power or privilege hereunder shall impair any such right, power or privilege, nor shall any single or partial exercise of any such right, power or privilege preclude any subsequent exercise thereof. The rights and remedies provided herein are cumulative and not exclusive of any rights or remedies Provider may have under applicable law.
17.6) Electronic Records and Signatures. The parties may convert this Agreement into an electronic record and, in the event of any dispute involving this Agreement, a copy of such electronic record may serve as the original. The parties consent to conduct business through electronic transactions and acknowledge the validity, enforceability and admissibility of any electronic record or any click to accept or electronic signature created in connection with this Agreement. An electronic record of this Agreement and any click to accept or electronic signature made in connection with this Agreement shall be deemed to be hand signed by the parties.
17.7) Fly to Doctor's Primary Contact for Legal: legal@flytodoctor.com
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