This document establishes the general terms and conditions of use applicable to whomever access and/or uses of the services offered by SMT Industries, SA de CV (hereinafter “SAFE MEDICAL TOURISM”) through the website: www.safemedicaltourism.mx
The legal address of SAFE MEDICAL TOURISM is set at: Calle del campanario, 7141 Unidad H11, fraccionamiento residencial agua caliente, Tijuana, Baja California, Zip Code: 22440
- Legal notice:
Any person who wishes to access and/or use the Website, the Social Media contents, and any of the services offered by SAFE MEDICAL TOURISM must read, understand and accept these Terms in advance.
By using the Website and/or accessing the Social Media contents, it is understood that the User has fully and unreservedly agreed to these Terms, for which reason the User is automatically obliged to comply with them.
Every visit, operation, and/or transaction carried out on the Website is governed by these Terms and by current applicable legislation in the United States of Mexico.
- Interpretation.
The concepts written with an initial capital letter in this document will have the meaning attributed to them in this Section unless it is otherwise stated in this document.
Concepts may be used both in the singular and in the plural without affecting the definition given to them in this section.
“Terms“: Refers to these terms and conditions of use.
“Website“: Refers to the website www.safemedicaltourism.mx created and managed by SAFE MEDICAL TOURISM.
“Social Media Contents“: Refers to all content published through the social network accounts directly managed by SAFE MEDICAL TOURISM including, but not limited to: Facebook, Instagram, Tiktok, Twitter, YouTube, and any other that is directly managed by SAFE MEDICAL TOURISM.
“Medical Services“: Refers to any medical and/or surgical service provided to Users by specialized Service Providers.
“User“: Refers to anyone accessing the Website and/or Social Media Content seeking to hire Medical, tourism, transportation, gastronomic, and/or accommodation Services provided by Service Providers through SAFE MEDICAL TOURISM recommendations.
“Service Providers“: Refers to those natural or legal persons that can provide Medical, tourism, transportation, gastronomic and/or accommodation services to Users through SAFE MEDICAL TOURISM recommendations.
“Form” or “User Form“: Refers to the form that Users must fill out on the Website with their Identification Information and Service Requests so that SAFE MEDICAL TOURISM can redirect said Requests to Service Providers.
“Identification Information“: Refers to all information requested by SAFE MEDICAL TOURISM from Users to identify and contact them.
“Request” or “Request for Services“: Refers to the services that the User is interested in contracting, which they indicate within the Form so that SAFE MEDICAL TOURISM informs the Service Providers that can provide them.
“Intellectual Property Rights:” Refers to all rights to inventions (patented or not), industrial designs, utility models, trade names, commercial notices, reservations of rights, domain names, as well as all kinds of economic rights over works and creations protected by copyright and other forms of industrial or intellectual property recognized both by the Federal Copyright Law and by the Federal Law for the Protection of Industrial Property and the International Treaties on the matter, which belong to SAFE MEDICAL TOURISM.
“Trademarks”: Refers to the trademarks granted or pending owned by SAFE MEDICAL TOURISM related to the Business.
- Service summary.
SAFE MEDICAL TOURISM through its Website and Social Media Contents provides communication services between Users and Service Providers.
Safe Medical Tourism also publishes information related to Medical, tourism, transportation, gastronomic and/or accommodation services.
SAFE MEDICAL TOURISM does not directly provide any type of Medical, tourism, transportation, gastronomic and/or accommodation services.
Through its Website and Social Media Contents, SAFE MEDICAL TOURISM publishes and promotes information related to tourism and health topics in Mexico. Users who are interested in visiting Mexico and hiring Medical, tourism, transportation, gastronomic and/or accommodation services, must fill out a Form and send it to SAFE MEDICAL TOURISM.
Once SAFE MEDICAL TOURISM receives the Form with the User’s Request, SAFE MEDICAL TOURISM will contact different Service Providers so that they can directly contact the User in question to offer their services.
Simultaneously, SAFE MEDICAL TOURISM will inform the User about the Service Providers that have received their Request.
The Service Providers must respond to these notifications from SAFE MEDICAL TOURISM in order to specify a provision of services to Users, which will be totally independent from SAFE MEDICAL TOURISM..
- Legal limitations:
The Website may only be used by natural persons of legal age with legal capacity to contract services, excluding minors and, in general, all those who lack legal capacity to contract services in accordance with current applicable legislation in Mexico.
- Informational posts.
SAFE MEDICAL TOURISM will publish various informational posts on the Website and on its Social Media Contents.
Said posts have a purely recreational purpose and may refer to health and/or tourism and/or gastronomic topics with the aim of making Users aware of the different medical procedures that can be carried out in Mexico, in addition to the tourist destinations that can be visited and the activities they can carry out during their stay in the country.
Although SAFE MEDICAL TOURISM has a strict authorization process for informative publications, it cannot be held responsible by third parties or any authority for any inaccurate or erroneous information contained in said publications, since it is not a specialized site nor created directly by service providers or medical specialists.
- Service Providers:
SAFE MEDICAL TOURISM has pre-selected a network of Service Providers under its own criteria.
The following are some of the services provided by Said Service Providers:
- Medical Services.
- Transportation services.
- Gastronomic services.
- Hosting and/or lodging services.
- Tourist guide services.
Each and every one of the Service Providers directly provide their services, being SAFE MEDICAL TOURISM a simple facilitator between them and the Users.
Service Providers will respond to User Requests and provide their services under their complete responsibility.
It is the responsibility of the Service Providers to hold all permits, licenses, certifications and in general any private or public, national or international authorization mandatory or recommended to provide their services, for which reason SAFE MEDICAL TOURISM will not be held responsible in any way in the event of absence, expiration, validity and/or validity of said permits, licenses and/or authorizations.
SAFE MEDICAL TOURISM under its own decision will have the right to expand, decrease and modify the Service Providers network at any time and in any way.
- Forms:
Users interested in acquiring services related to health, tourism, transportation and/or accommodation may contact SAFE MEDICAL TOURISM by filling out a Form.
In said Form, the User will include their Identification Data and their Request so that SAFE MEDICAL TOURISM, upon reception, can recommend the Service Providers that meet the User’s Request.
a) Requested Information:
In said Forms, Users will be asked for at least the following information:
- Full name.
- Date of birth.
- Email address.
- Contact phone number.
- Destination in Mexico that they intend to visit.
- Dates and duration of their visit to Mexico.
- Medical or surgical procedures that they seek to undergo in Mexico.
- Number of companions.
Additionally, and to better delimit the provision of services, the User will be asked to include in the Form:
- Available contact schedule.
- If this is their first time visiting Mexico.
- If they need a wheelchair for transportation.
- If they need transportation from the San Diego airport to Tijuana.
- If they need transportation from the border to the doctor’s office and back.
- If they are interested in staying in a nursing/recovery home.
- If they need help booking accommodation.
- If they are interested in traveling around Baja California.
- If they are interested in any other tourist destinations in Mexico.
The Identification Information, the Request, and, in general, all the information that Users submit in the Forms will be subject to the data management and protection policy that SAFE MEDICAL TOURISM adopts and informs to the Public in its Notice of Privacy Practices which is available in the following link: https://safemedicaltourism.mx/index.php/privacy-policy/
Users express their consent for all information in the Forms to be shared by SAFE MEDICAL TOURISM with the Service Providers that SAFE MEDICAL TOURISM deems appropriate to provide the services requested by Users.
Likewise, Users also express their consent for Service Providers to contact them to offer the services requested in the Forms.
b) User Responsibility:
Users are held completely responsible for the information they submit in the Forms.
SAFE MEDICAL TOURISM cannot be held responsible in any case and under any circumstances for the falsity or inaccuracy of the data provided by Users in their Forms.
In the event that the information that Users submit in the Forms gives rise to any type of liability of any nature, either against Third Parties or against any Authority, Users must respond directly, keeping SAFE MEDICAL TOURISM out of any conflict and covering or refunding all and each of the expenses that were necessary for it.
c) Reception and Forwarding of Forms:
Once SAFE MEDICAL TOURISM receives the Forms and depending on the information provided by Users, SAFE MEDICAL TOURISM will contact the Service Providers it deems appropriate to meet the User’s Request in question.
Likewise, SAFE MEDICAL TOURISM will notify the User in question about the recommended Service Providers that have received their Request.
Subsequently, the Service Providers will contact the User in question to offer the corresponding service provision or services.
SAFE MEDICAL TOURISM will contact the Users in order to follow up and, in the event that no agreement has been reached with the Service Providers, SAFE MEDICAL TOURISM may suggest other Service Providers whenever possible.
The User’s decision to hire services from any of the Service Providers suggested by SAFE MEDICAL TOURISM will create a service provision relationship solely and exclusively between the User and the Service Providers. SAFE MEDICAL TOURISM only facilitates communication between them and, therefore, will not have any responsibility of any kind with said service provision relationship.
- Price and Quality:
SAFE MEDICAL TOURISM does not directly provide any of the Medical, tourism, transportation, gastronomic and/or accommodation services, therefore, it does not participate in any way in setting the prices of said services.
In no case will SAFE MEDICAL TOURISM be liable for any price variation nor will it undertake to apply any type of discount or refund, since this will correspond exclusively to the Service Providers.
Despite the fact that SAFE MEDICAL TOURISM has a strict pre-selection process for its Service Providers, SAFE MEDICAL TOURISM will not be responsible in any case for the quality of said services or for any defect, accident, or failure in any of the services or for any User complaints regarding said services since these are provided directly and under the entire and exclusive responsibility of the Service Providers.
In addition, SAFE MEDICAL TOURISM will not be liable to any Authority for any accident, failure and in general for the quality of the services, since these are provided directly and under the entire and exclusive responsibility of the Service Providers.
- Responsibility:
The service that SAFE MEDICAL TOURISM provides through its Website and Social Media Content is allowing:
- The publication of information related to Medical, tourism, transportation, gastronomic and/or accommodation services.
- Communication between Users and Service Providers so that they can establish a service provision relationship between them.
SAFE MEDICAL TOURISM facilitates communication and is limited to making recommendations of Service Providers to Users.
SAFE MEDICAL TOURISM will not be responsible for the effective fulfillment of the obligations assumed between Users and Service Providers.
SAFE MEDICAL TOURISM will refrain from responding to any claim or legal action that the Users initiate against the Service Providers as well as those that the latter initiate against the Users.
Both Users and Service Providers exempt SAFE MEDICAL TOURISM from any direct or indirect responsibility regarding the service provision relationship that exists between Users and Service Providers.
In case of any accident, medical negligence, error, complication, or, in general, any problem with the provision of services, the Service Provider in question will be directly responsible, for which Users exempt SAFE MEDICAL TOURISM from all direct or indirect responsibilities.
Any problem that may arise due to the unpaid bills by the Users or breach of their obligations will be the direct responsibility of the User in question, for which the Service Providers exempt SAFE MEDICAL TOURISM from all direct or indirect responsibilities.
Finally, considering SAFE MEDICAL TOURISM service is limited to facilitating communication, SAFE MEDICAL TOURISM cannot be held responsible before any authority of any kind for non-compliance, failure, damage or illegality committed in the service provision relationship established between Users and Service Providers, so in the event of any conflict of this nature, both parties agree to keep SAFE MEDICAL TOURISM out of any conflict and covering or refunding all and each of the expenses that were necessary for it.
Personal information:
In order to use the information and recommendation services offered by SAFE MEDICAL TOURISM, Users must provide certain personal data.
Your personal information is processed and stored on servers or magnetic media that maintain high standards of security and protection, both physically and technologically.
For more information on the processing of Personal Data, you can consult the Notice of Privacy Practices that SAFE MEDICAL TOURISM makes available to you in the following link: https://safemedicaltourism.mx/index.php/privacy-policy/
It is possible that SAFE MEDICAL TOURISM requests data related to the present or future state of health of the Users. Said data is considered sensitive under article 3 section VI of the Federal Law on Protection of Data Held by Private Parties, therefore, in terms of article 9 of the same law, SAFE MEDICAL TOURISM makes available a Sensitive Data Format in the following link: https://safemedicaltourism.mx/index.php/privacy-policy/
- Failures, errors and problems on the Website:
SAFE MEDICAL TOURISM does not guarantee the absence of any errors or omissions in its platform, or of any eventual technical difficulties or failures caused by system failures, internet shortages, or any other reason.
SAFE MEDICAL TOURISM does not guarantee continuous or uninterrupted access and use of its Website or Social Media Content.
Both the Website and the Social Media Content may eventually be unavailable due to technical difficulties or Internet shortages, or for any other circumstance beyond the control of SAFE MEDICAL TOURISM. In such cases, efforts will be made to restore service as quickly as possible.
Under no circumstances will SAFE MEDICAL TOURISM be responsible for any damages, including but not limited to: direct, indirect, inherent or consequential damages, losses or expenses the User is subject to in relation to the use or inability to use the Website and/or the Social Media Contents or in relation to any performance failure, error, omission, interruption, defect, delay in operation or transmission, computer virus or system or line failure, even in the event that SAFE MEDICAL TOURISM, or its representatives have previously informed of the possibility of such damages, losses or expenses.
- Industrial Property and Copyright:
The contents of the Website and Social Media Content such as designs, photographs, drawings, as well as logos, names and other denominations used by SAFE MEDICAL TOURISM under protection of various figures of copyright and industrial property such as trademarks, industrial designs, industrial models and others that are applicable.
In no case and under no circumstances may the User make use of the contents of the Website and Social Media Contents without having the prior written authorization of SAFE MEDICAL TOURISM.
- Modifications:
SAFE MEDICAL TOURISM may modify these Terms in order to adapt them to current legislation applicable at all times, jurisprudential developments, and usual market practices.
SAFE MEDICAL TOURISM may modify the Terms at any time without prior notice by posting the modified Terms on its Website.
SAFE MEDICAL TOURISM may modify any information contained on the Website and/or Social Media Content at any time and without prior notice.
- Jurisdiction:
Users agree to submit any controversy that requires solution in regards to the use of this Website and the Social Media Contents, or the services derived from both, under the conciliation procedure of the Federal Consumer Attorney’s Office, or under the jurisdiction of the Courts of the City of Tijuana, Baja California, renouncing the User to any other jurisdiction that may correspond to them due to his present or future domicile, or for any other cause.
This agreement will be governed in all relative aspects under the Commercial Code and the Civil Code for the State of Baja California, and other laws and regulations that may apply.