Terms of Use

Last Updated: 01st April 2020

Welcome to the International Medical Treatment (“IMT”). Please read these Terms and Conditions for Use carefully before using the IMT website and any other related Services or Platforms.

Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services.

By accessing or using the Service you indicate that you have read, understood and agree to be bound by this agreement, and that you understand and intend this user agreement to be the legal equivalent of a signed, written contract between you and IMT, and equally binding.

If you disagree with any part of the Terms, then you may not access the Services.

1. Not for Emergencies

If you think you may have a medical emergency, immediately call your doctor or local country emergency line.

2. Changes in the Terms of Use

Unless otherwise indicated, any new content added to this Site will also be subject to these Terms of Use effective upon the date of any such addition. You are encouraged to review the Site and these Terms of Use periodically for updates and changes.

We reserve the right, at our sole discretion, to change our Terms of Use from time to time. Your continued use of this Site after such changes take effect will be deemed to constitute your acceptance of our new Terms of Use.

3. Description of Service

International Medical Treatment (IMT) is a medical tourism provider and health tech provider striving to simplify the process for those seeking medical and health treatment internationally. We work with a number of JCI accredited hospitals in medical tourism destinations that offer treatment and care. We help liaise with our partner hospitals to get clients access to different Services from the hospitals. This includes: quotes on the cost of their proposed treatment, as well as help in booking the clients’ travel; coordination for, and facilitation of telemedicine consultations; coordination for, and facilitation of detailed case reviews and second opinions; creation of platforms that make it easier for clients to correspond and communicate with doctors and other medical professionals at the hospitals; and other related services aimed to assist patients to seek and obtain medical treatment and health services.

4. Not a Health Care or Medical Service Provider and No Practice of Medicine by IMT

IMT is not a healthcare service provider and as such we will never provide direct medical advice on a client’s treatment or health. IMT does not control or operate any medical facility offered by the hospital or treating institution. IMT is a medical tourism facilitator and health tech provider, and we only suggest high quality hospitals that have been vetted by us, however it is up to the client to choose which hospital is right for them. We only work to help link the client to high quality licensed hospitals and doctors to help to coordinate the client’s treatment or communication with a licensed medical service provider. Any treatment plans or advice given will never be from IMT, only from a licensed doctor at one of the hospitals we work with.

Some of the IMT Services provide users with online access to Specialists who may provide health education to Users who have chosen to participate in this Service. IMT does not provide medical diagnosis, treatment or prescriptions of any kind. All information provided on or through this Site or in connection with any communications supported by IMT, including, without limitation, real-time video or email communications between professionals utilizing the Site and Users is intended to be for general information and health education purposes only, and is in no way intended to create a doctor-patient relationship between IMT and Users. IMT is not a substitute for professional medical diagnosis or treatment. Reliance on any information provided by or through IMT or any professionals that utilise IMT at the invitation of IMT is solely at your own risk.

All information provided by IMT is intended to be for general informational purposes only and is in no way intended to create a doctor/healthcare provider-patient relationship.

IMT accepts no liability for any advice given from any third-party doctors, specialists, professionals, healthcare providers, medical institutions or hospitals and we always recommend that clients consult their local doctor to discuss the treatment options and advice given to them.

5. Independence of Hospitals, Specialists and Professionals

The hospitals, specialists, and professionals utilising or featured on the Site are third-party doctors, healthcare providers, specialists, professionals, medical institutions or hospitals and not employees of IMT. Any health education, opinions, advice, or information expressed by a hospital, medical institution, professional, healthcare provider, doctor, or specialist utilising or featured on the Site do not reflect the opinions of IMT. IMT does not recommend or endorse any specific tests, doctors, hospitals, products, procedures, opinions, or other information that may be mentioned on IMT or by a third-party doctor, healthcare provider, specialist, professional, medical institution, or hospital.

Such information is provided on an “as-is” basis and IMT shall in no event be liable to you or to anyone for any decisions made or action taken by any party (including without limitation, any user) in reliance on information about professionals, healthcare providers, doctors, hospitals, medical institutions or specialists on this site.

All opinions and statements expressed by a specialist, healthcare provider, doctor, medical institution, hospital or professional on this Site and during any session facilitated through this Site are solely the individual and independent opinions and statements of the specialist, healthcare provider, doctor, hospital, medical institution or professional and do not reflect the opinions of IMT, its affiliates or any other organizations or institutions to which such specialist, healthcare provider, doctor, hospital, medical institution or professional is affiliated or provides services.

6. Disclaimers

The IMT Site is provided on an “as-is” or “as available” basis. IMT makes no warranty that the content is accurate, timely, uninterrupted, virus-free, or error-free, or that any such problems will be corrected.

All information provided on the Website or through direct communication with IMT is intended as a guide only and shall not be construed as a substitute for professional medical advice and IMT makes no representations, warranties or undertakings as to the accuracy of any information provided.

The medical institution, hospital, professional, healthcare provider, doctor or specialist providing treatment or advice will be completely responsible for all the treatments, opinions, and advice. IMT will not be accountable or held responsible for the same.

IMT will not be accountable or held responsible for any information that the patient or his/her relative chooses to withhold with regard to past medical history during or after treatment. IMT will also not be accountable or held responsible for the instances wherein the treating medical institution chooses to not solicit this information from the patient beforehand.

IMT will also not be accountable or held responsible for any complications, emergencies or medical requirements that may arise during or after treatment as a result of the patient’s present or past illnesses, allergies to certain drugs or side effects. It is the responsibility of the treating medical institution, hospital, professional, doctor, healthcare provider or specialist to handle this.

7. Limitation of Liability

To the fullest extent permitted by applicable law, neither IMT nor any of its officers, directors, shareholders, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of any facilities, services and the Website Services offered or transactions entered into through or from this Website or direct communication with IMT, including, for the avoidance of doubt, your transactions with healthcare providers, specialists or medical services facilitated through this website or through direct communication with IMT, including, but not limited to, direct, indirect or consequential losses or damages, loss of income, profit or opportunity, loss of, or damage to, property and claims of third parties, including death, even if IMT has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable.

In no event shall IMT nor any of its officers, directors, shareholders, employees, affiliates or other representatives be liable for any damages whatsoever resulting from the statements or conduct of any medical institution, hospital, healthcare provider, doctor, specialist or professional or third-party provider.

8. Indemnification

By using the Site and IMT Services, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent and other affiliates, from all liabilities, claims, demands and expenses, including attorney’s fees, that arise from or are related to: your use of the Site and/or Services; the violation of this Agreement (including without limitation the Terms of Use), or of any intellectual property or other right of any person or entity, by you or any person using your credentials.

9. Privacy Practices

You agree that information provided by you in connection with the Services and IMT shall be governed by the IMT Privacy Policy, which is hereby incorporated and made a part of these Terms of Use.

10. Consent to Receive Emails, Calls, Text Messages, WhatsApp Messages and Other Communication

By providing your contact details you are agreeing to be contacted by or on behalf of IMT at the contact details you have provided, including emails, calls, text messages, WhatsApp messages and other communication channels, to receive informational, Product or Service related (e.g., progress tracking, reminders, etc.) communications relating to the Site and Services. You can stop the communication any time by emailing [email protected] with your request and please specify what services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving email and messages from us you may not receive important and helpful information and reminders about your Services.

IMT may record and preserve (text, audio, and video) all or part of your interaction (“Recordings”). Such Recordings are used for quality assurance purposes only, to better deliver to you the Services. IMT will keep such Recordings confidential. By accessing and using the Site, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of Kenya. Any dispute or claim arising under or with respect to IMT will be resolved by arbitration first. The arbitrator in any proceeding may award reasonable costs and expenses, including reasonable attorneys’ fees, to the prevailing party.

13. Links to Other Sites

This site may contain links to other third-party websites or services that are not owned or controlled by IMT. We expressly disclaim any responsibility for the content of these other sites and for the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products, and services available or advertised on or through these other sites. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

13. Copyright Notice & Trademarks

All of the Site Materials, including the content, logos, pictures and display of this Site are the property of IMT Ltd or the specialists, the professionals or hospitals. The Site Materials are protected by law, including, but not limited to, Kenyan and international copyright law and trademark law. Other names and logos contained in this Site or in the Site Materials are trademarks and service marks of our affiliates and may not be used without the permission of the trademark or service mark owner.

14. Miscellaneous

14.1 Electronic Contracting

Your use of the Services and/or creating an account constitutes your electronic signature to this Agreement, which includes our Privacy Policy and any Additional Terms, and your consent to enter into such agreements with us electronically.
We strongly suggest that all new users review our Terms of Use, Privacy Policy and any other policies or guidelines before creating an account with us.

14.2 Changes to These Terms of Use

The effective date of this Terms of Use is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Services after the effective date constitutes your acceptance of the amended Terms of Use. We encourage you to
periodically review this page for the latest information on Terms of Use. Any amended Terms of Use supersedes all previous versions. If you do not agree to future changes to this Terms of Use, you must immediately stop using the services after the effective date of such changes.

14.3 Limitation of Claims

No action arising under or in connection with this Agreement, regardless of the form, may be brought by you more than one (1) year after the cause of action arose; actions brought thereafter are forever barred.

14.4 Severability

In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired. Further, the invalid, illegal or unenforceable provision shall be replaced by a provision that comes closest to the intention of the parties that underlie the invalid, illegal or unenforceable provision, except to the extent no such provision is valid, legal and enforceable, in which case such invalid, illegal or unenforceable provision shall be limited or eliminated to the minimum extent necessary so that the other provisions of this Agreement remain in full force and effect and enforceable.

14.5 Arbitration – Choice of Law Clause

We hope that you will have a positive experience using the IMT Site and Services and that if you have a disagreement, we can work this out together. However, if there is a dispute that needs to be further resolved, that process will take place according to this section. This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of Kenya, as applied to contracts made and to be performed entirely within Kenya. You agree that all disputes between you and us (whether or not such dispute involves a third party), will be resolved by binding, individual arbitration under The Chartered Institute of Arbitrators (Kenya Branch)’s rules for arbitration. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use or the Agreement.

14.6 Entire Agreement

This Agreement and any supplemental terms, policies, rules and guidelines posted through the Services, including the Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of IMT to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

14.7 Eligibility

You must be 18 years of age to create an account with us or use the Site and the Services. If you are between the ages of 16 and 18 or the applicable legal age in your country of jurisdiction, you can use the Site or Services only under the supervision of your parent or guardian who has agreed to these Terms of Use. Those under the age of 16 may not use the Site or Services. Parents or legal guardians of a minor under the age of 16 may use the Site or Services on behalf of such minor. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such minor, and that all references in these Terms of Use to “you” shall refer to such minor or such other individual on whose behalf you have authorization to enter into these Terms of Use and you in your capacity as the parent or legal guardian of such minor or as the authorized party of such individual.

14.8 Important

If you do not qualify under these Terms of Use, do not use the Site or Services. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use. The Site is administered in Kenya and intended for users in Kenya and across the world. Users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

Contact Us

If you have any questions about these Terms, please contact us at [email protected]