Terms of Service

Last Updated: March 25, 2025
(This version supersedes all prior Terms. By accessing or using this Site or the associated Services, you agree to these Terms.)

1. Acceptance of Terms

Please read these Terms of Service (“Terms”) carefully. These Terms are a binding agreement between you (“you” or “your”) and MEDTour Colombia S.A.S. (“MEDTour Colombia,” “we,” or “our”). These Terms govern your use of the www.medtourco.com website (“Site”) and the services, content, and information available on this website (collectively, the “Service”).

You accept these Terms by:

1. Accessing or using the Site or the Service, or

2. Clicking the “Submit” button when you register with MEDTour Colombia.

By doing so, you also agree to be bound by:

• These Terms,

• MEDTour Colombia’s Privacy Policy (which includes references to Colombian Habeas Data, GDPR, and CCPA disclaimers),

• Any Community Guidelines, Photo Gallery Guidelines, or other posted policies.

If you do not agree to these Terms, do not access the Site or use the Service.

2. Modification of Terms

MEDTour Colombia reserves the right to make changes to the Site, Service, these Terms, or any other policies at any time. If we make material changes to these Terms or other policies, we will:

• Provide notice by email (if you have provided one), or

• Post a notice on the Site prior to the effective date of the changes.

We will also indicate at the top of this page the date these Terms were last updated. Your continued use of the Service after changes are posted constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, discontinue your use of the Service immediately.

3. No Medical Advice

All content on this Site (including text, graphics, images, or other materials: “Content”) is for educational/informational purposes only. It is not a substitute for medical advice, diagnosis, or treatment provided by a qualified health care professional.

• Any communication between you and health care professionals on this Site or through the Service is for general informational purposes only, does not create a physician-patient relationship, and should not be construed as medical advice under any applicable law.

• Your reliance on any information or Content provided on the Site is solely at your own risk.

• Always seek professional medical advice regarding any questions about your personal medical condition.

3.a. Cancellation Policy – Surgery, Accommodations, and/or Reservations

1. Surgical Fitness: If a patient is deemed not fit for a surgical procedure upon arrival in Colombia after examination by the scheduled surgeon/doctor, MEDTour Colombia will refund payments made minus:

   • Surgeon/doctor pre-op appointment fees,

   • Surgery date reservation fees, and

   • Apartment/condo/partner hotel reservation cancellation fees (if any).

2. Recovery Houses or Condos:

   • Cancellations made less than three (3) days prior to the arrival date incur a 100% charge.

   • If a booking is labeled as non-refundable or non-cancellable, all cancellations will incur a 100% charge regardless of timing.

3. Additional Charges:

   • Reservations canceled 30 days or more before the arrival date: 0% charge.

   • Reservations canceled 15 to 29 days before the arrival date: 15% charge.

   • Reservations canceled less than 15 days before the arrival date: 50% charge.

4. No Refunds:

   • No refunds on surgery deposits, services already rendered, quotes received, early check-outs, or “no shows.”

   • Surgeon-specific fees or policies regarding deposits may vary and are not controlled by MEDTour Colombia.

5. Refund Disbursement:

   • Any approved refunds will be paid directly to the patient via bank wire transfer or another mutually agreed payment method.

4. Book Consultation Feature & Use of Data

By using MEDTour Colombia’s “Book Consultation” feature, you voluntarily provide personal information (name, email, phone number, and desired treatment details), which we transmit to the relevant doctor’s office for the purpose of coordinating your consultation and providing quotes for all-inclusive procedure packages in Colombia.

• We do not use this information for any other purpose unless you give explicit consent for additional uses (e.g., marketing).

• By submitting the form, you acknowledge and agree that your data will be processed as described in our Privacy Policy, including references to Colombian Habeas Data law (Law 1581 of 2012, Decree 1377 of 2013), and disclaimers under GDPR and CCPA (even though MEDTour Colombia may not be fully subject to these regulations).

5. Children’s Privacy

The Site and Service are not intended for users under the age of 17. If you are under 17, do not use the Site or the Service.

• If we discover that a user under 17 has provided personal information without parental consent, we will take steps to delete such information.

• For more details, see our Privacy Policy.

6. Permissible Use of the Site or Service

You may use the Service for personal, non-commercial purposes (e.g., posting reviews based on personal experiences, asking questions, or sharing information related to personal care, beauty, and wellness). Unless directly authorized by MEDTour Colombia, you may not use the Service to advertise or promote products, services, procedures, businesses, or healthcare professionals.

Prohibited Uses include, but are not limited to:

• Posting or submitting any content that promotes your own or your employer’s products, services, or procedures (unless expressly authorized).

• Posting fabricated or misleading reviews or content.

• Posting multiple similar reviews, “spam,” or commercial/advertising content.

• Using the Service if you are under 18 (to maintain compliance with the guidelines above).

• Violating any local, state, federal, or international law applicable to your location.

• Engaging in harmful, harassing, defamatory, obscene, or otherwise objectionable conduct.

• Encouraging self-harm, suicide, or unhealthy practices.

• Impersonating another person or entity.

• Using data-mining, robots, or similar data-gathering methods.

• Uploading harmful software or linking to malicious content.

• Attempting to disrupt the Service for other users.

If you breach these Terms by posting prohibited content or using the Service for commercial or non-personal uses without authorization, you may incur damages. A reasonable estimate of such harm could be $100 for each prohibited item posted, though this does not limit other potential legal or equitable remedies.

Note: MEDTour Colombia is not obligated to enforce these Terms on your behalf against other users, professionals, or third parties. If you suspect a violation, you may contact us using the dispute resolution form or contact details provided below, and we will investigate in our sole discretion.

7. Your Service Account; Email Consent

1. Account Creation: Some Site features require registration, creating a service account (“Service Account”). You must:

   • Provide accurate, current, and complete information,

   • Keep your password confidential,

   • Notify us of any unauthorized access or security breach immediately.

2. Account Termination: We may refuse Service, suspend, or terminate your account, at any time, for any reason, at our sole discretion.

3. Email Consent: By using the Site or Service, you consent to receive service-related emails (e.g., security notifications, account updates).

   • You may update your commercial email preferences via the “My Account” section of the Site or the unsubscribe link in such emails.

   • You cannot opt out of receiving strictly service-related emails as long as you maintain an account.

8. User Submissions (Reviews, Comments, Media)

1. Submissions: You may post or submit reviews, questions, messages, photographs, and videos (“Submissions”). By submitting such content, you agree that:

   • Your Submissions are voluntary and subject to our Privacy Policy.

   • Your Submissions become publicly available, and MEDTour Colombia is not required to treat them as confidential.

2. License Grant: Except for health information submitted directly to a health care professional’s private form, you grant MEDTour Colombia an irrevocable, worldwide, perpetual, royalty-free license (with the right to sublicense) to use, reproduce, distribute, display, modify, and otherwise exploit your Submissions in connection with MEDTour Colombia’s business.

3. Removal of Submissions: MEDTour Colombia may remove or refuse to display any Submission that violates these Terms, Community Guidelines, or any applicable policy.

4. Monitoring: MEDTour Colombia does not routinely monitor user Submissions, but may do so at its discretion. We may disclose user information (including Submissions) if necessary to comply with legal obligations or protect the rights and safety of MEDTour Colombia, its users, or the public.

9. Content Posted by Others

• MEDTour Colombia is not responsible for content posted by users, healthcare professionals, or third parties. Such content represents the opinions of the poster, not MEDTour Colombia.

• We do not endorse or recommend specific content, procedures, products, opinions, or healthcare professionals featured on the Site.

• Healthcare professionals featured on the Site are not employees or independent contractors of MEDTour Colombia; we merely facilitate connections and share information.

Note: Some user-generated content may contain nudity or imagery related to medical procedures. Use the Site in a manner that respects your personal comfort level regarding such content.

10. Copyright Policy

If you believe your copyrighted work or other intellectual property has been used or posted on the Site in a way that constitutes infringement, please notify our Copyright Agent at ca@medtourco.com. Provide:

1. Identification of the work(s) allegedly infringed.

2. Identification of the alleged infringing material (with sufficient detail so we can locate it).

3. A statement of good faith belief that the use is unauthorized.

4. A statement that the notification is accurate and under penalty of perjury, that you own or are authorized to act for the copyright owner.

5. Your contact information.

6. Your physical or electronic signature.

Upon receipt of proper notice, we will take actions in our sole discretion, which may include removing the alleged infringing material.

11. Photograph/Video Policy & Colombian Habeas Data

Healthcare professionals and users must ensure consent when uploading photographs/videos of individuals and comply with all relevant HIPAA requirements (if applicable to U.S. providers), and Habeas Data laws (Law 1581 of 2012 and Decree 1377 of 2013) in Colombia. By submitting any photographs or videos, you confirm you have all necessary rights and consents.

• If a third party uploads a photograph or video of you without permission, please contact us at contact@medtourco.com with details, and we will review the request in accordance with our policies and the law.

12. Performance & Usage Information

We may automatically collect performance, technical, or usage-related data to evaluate and improve our Site and Service. This data typically does not personally identify you.

13. Links to Third-Party Websites

The Service may contain links to third-party websites (“Third-Party Websites”). Third-Party Websites are not under MEDTour Colombia’s control, and we are not responsible for their content or policies. Your use of any Third-Party Website is at your own risk, and these Terms and our Privacy Policy do not apply to those sites.

14. Disclaimers of Warranties

The Site and Service are provided “as is,” “with all faults,” and “as available.” MEDTour Colombia and its affiliates (the “MEDTour Colombia Parties”) disclaim all warranties—express, implied, or statutory—including warranties of merchantability, fitness for a particular purpose, and non-infringement.

• No Liability for Medical Decisions: MEDTour Colombia is not liable for any decisions or actions taken by any user or healthcare professional based on the content on this Site or through the Service.

15. Intellectual Property Rights

MEDTour Colombia grants you a limited, personal, revocable, non-assignable, non-exclusive license to use the Site and Service. All text, images, graphics, design, code, and other elements of the Site (“MEDTour Colombia Content”) are owned by or licensed to MEDTour Colombia and are protected by international copyright, trademark, and other intellectual property laws.

• You may not reproduce, redistribute, decompile, or create derivative works from MEDTour Colombia Content without explicit written permission.

16. Limitation of Liability

To the extent permitted by law, the MEDTour Colombia Parties shall not be liable for any indirect, special, incidental, exemplary, punitive, or consequential damages. The aggregate liability of MEDTour Colombia to you in connection with these Terms, the Service, or the Site will be limited to the amount, if any, you paid MEDTour Colombia for the Service.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you.

17. Service Changes, Updates, or Cancellation

MEDTour Colombia may change or discontinue features of the Site or Service at any time for any reason. We are not obligated to provide maintenance, support, or updates.

• We may cancel or suspend your access at any time, with or without cause.

• If you cancel your account or if we suspend it, any data you have stored or posted may be lost.

• MEDTour Colombia may still retain or display your previously posted Submissions, as permitted by law and our Privacy Policy.

18. Jurisdiction & Governing Law

MEDTour Colombia is located in Medellín, Antioquia, Colombia. By using the Site or Service, you agree that:

• These Terms, the Site, and the Service are governed by Colombian federal law and the laws of the Department of Antioquia.

• The courts of Antioquia, Colombia have exclusive jurisdiction over any dispute arising from or related to these Terms, and you waive any objection to personal jurisdiction or venue in those courts.

19. Indemnification

You agree to indemnify and hold harmless the MEDTour Colombia Parties from and against any losses, liabilities, claims, demands, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of:

1. Your content posted or submitted through the Service,

2. Your use of the Service,

3. Your conduct or interactions with other users, or

4. Your violation of these Terms or any law or the rights of any third party.

20. Dispute Resolution & Arbitration

Any dispute, claim, or controversy relating to these Terms, MEDTour Colombia, the Site, or the Service—including breach, termination, enforcement, or interpretation—shall be resolved exclusively by final and binding arbitration in Antioquia, Colombia, under Colombian arbitration rules.

• One-Year Limit: Any claim must be filed within one (1) year from the event giving rise to the claim.

• Each party bears its own costs of arbitration, and the arbitrator’s fee is split equally.

• The arbitrator may not award punitive or exemplary damages or modify these Terms.

• Either party may seek provisional remedies in an appropriate court to aid the arbitration process.

21. Notices

1. Your Notices to Us: Send notices via email or postal mail to the addresses provided on the Site or in our Contact section.

2. Our Notices to You: We may deliver notices to you electronically (e.g., email, Site postings). By continuing to use the Service, you consent to receive such notices.

22. Entire Agreement & Severability

These Terms, together with our Privacy Policy, Community Guidelines, Photo Gallery Guidelines, and any other policies referenced herein, constitute the entire agreement between you and MEDTour Colombia concerning the Site and Service. If a provision is deemed invalid or unenforceable, it is severable from these Terms, and the remaining provisions remain in full force.

23. MEDTour Colombia App Terms

If you access MEDTour Colombia via a mobile application (the “MEDTour Colombia App”), these Terms also apply to your use of the App. You may need to comply with additional terms from third-party providers (e.g., Apple App Store). The App content and functionality may differ from the Site.

Note: Apple is not responsible for maintenance, support, or warranty claims arising from your use of the MEDTour Colombia App. All ownership and licensing rights to the App remain with MEDTour Colombia.

Contact Information

For questions or comments about these Terms, please contact us:

Email: hello@medtourco.com
Mailing Address:
Edificio Milla de Oro Centro de Negocios
Calle 43A #3 sur – 130
Torre 2, Consultorio 519
Medellín, Antioquia, Colombia

Last Updated: March 25, 2025