TERMS AND CONDITIONS
In these Conditions, the following words and phrases shall have the following meanings:
- “Application” means an accurate and complete application for Membership in the form published by FEM-VN from time to time or, in the case of Membership under a Corporate Membership Plan, in the form provided by FEM-VN in such plan, in both cases duly signed by the applicant or the parent or legal guardian of the applicant;
- “Benefits” means the benefits applicable to Save & Safe Membership or Privilege Membership or VIP Membership (as the case may be);
- “Conditions” means these terms and conditions as the same may be amended, modified or supplemented by FEM-VN from time to time in accordance with the provisions herein;
- “Corporate Membership Plan” means a valid and subsisting agreement entered into by and between FEM-VN and any legal entity pursuant to which the legal entity may purchase Memberships for any or all of its employees;
- “Event of Force Majeure” means any event or condition outside the control of FEM-VN which causes FEM-VN to be unable to provide the whole or any part of the Benefits;
- “FEM-VN” means Far East Medical Vietnam Limited;
- “FV Hospital” means the hospital owned and operated by FEM-VN located at 6 Nguyen Luong Bang Street, Saigon South, Tan Phu Ward, District 7, Ho Chi Minh City, Vietnam, the FV Saigon Clinic currently located at 3rd Floor, Bitexco Finance Tower, 2 Hai Trieu Street, District 1, Ho Chi Minh City, Vietnam and any other clinic or hospital owned or operated by FEM-VN in Vietnam;
- “FVH Newsletter” means the “Healthy Living with FV” newsletter published by FEM-VN and distributed to Members by post, fax and/or e-mail;
- “Member” means the person to whom a current and valid Membership Card is issued;
- “Membership” means Save & Safe Membership or Privilege Membership or VIP Membership;
- “Membership Card” means the temporary or permanent card issued by FEM-VN and any card issued in replacement or renewal thereof;
- “Membership Fee” means, unless otherwise agreed in writing by FEM-VN, the fee set out in the Schedule of Benefits for each type of Membership;
- “Membership Year” means the period of twelve months commencing on the date of issue of a Membership Card;
- “Privilege Membership” means a membership which entitles the Member to the benefits set out in the All Members and Privilege Members sections of the Schedule of Benefits;
- “Schedule of Benefits” means the schedule of benefits of Membership in force at the time of submission to FEM-VN of an Application or at the time of renewal of a Membership (as the case may be);
- “Save & Safe Membership” means a membership which entitles the Member to the benefits set out in the All Members and Save & Safe Members sections of the Schedule of Benefits;
- “VIP Membership” means a membership which entitles the Member to the benefits set out in the All Members and the VIP Members sections of the Schedule of Benefits;
- FEM-VN reserves the right without explanation, and at its sole discretion, to refuse Membership to any individual or entity.
- Membership entitles Members access to the Benefits at any time during the Membership Year subject to these Conditions, the Schedule of Benefits and in compliance with such requirements, limitations or procedures that may be imposed by FEM-VN from time to time.
- If the Member is required to make any payment to FEM-VN in conjunction with any Benefit (other than the Membership Fee), such payment must be made to FEM-VN in accordance with the standard payment terms of FEM-VN and no discounts will be granted unless payment has been so made.
- Benefits in the form of discounts will not be extended to services already discounted or covered by the Member’s health insurance and the Bao Viet Healthcare Insurance (as that term is defined in the Schedule of Benefits).
- The Membership Card will be issued no earlier than 90 days after an application is received, unless issued earlier at the sole discretion of FEM-VN, and the issue of a Membership Card is evidence of FEM-VN’s acceptance of an Application.
- Unless terminated earlier in accordance with Article 6, the Membership Card is valid for a Membership Year and may be renewed, subject to the discretion of FEM-VN, for subsequent Membership Years upon payment by the Member of the Membership Fee.
- The Membership Card remains the property of FEM-VN.
- The Member must immediately notify FV Hospital upon learning that the Membership Card has been lost or stolen and, except in suspicious circumstances, a replacement Membership Card shall be issued by FEM-VN for a replacement fee of VND200,000. In the event that the Membership Card is subsequently recovered, the Member must not make use of the Membership Card and must destroy the card by cutting it in half and returning it to FEM-VN.
- Unless otherwise agreed in writing by FEM-VN, the Membership Fee shall be paid in full prior to issue of any Membership Card.
- Upon payment of the Membership Fee and issue of the Membership Card, the Member shall be credited as having prepaid the Benefits.
- The Membership Fee is non-refundable even if the Member has not accessed or used any of the Benefits during the Membership Year or if the Membership is terminated unless a Membership is terminated by the Member within 15 days from the date of purchase, in which case up to 80% of the Membership Fee may be refunded provided no Emergency Treatment, Hospitalisation, Surgery and Maternity Care Benefits have been claimed or utilized and after deduction of the standard cost of any other Benefits received.
- It is the responsibility of the Member to declare and choose the correct age category for their Membership. Where the Member incorrectly chooses the wrong age category for Membership, and at the discretion of FEM-VN, they may be refused Membership or have their Membership cancelled, be refused any and all Benefits, be liable for the difference in Membership Fees between the incorrect and correct Membership age bracket and be liable to pay the difference in Benefits they have received between what they would have paid had they declared the correct Membership age bracket and what they actually paid.
- Except if otherwise specifically stated herein or in any Corporate Membership Plan, the Membership Card and the Benefits are personal to the Member and are non-transferable.
Membership may be terminated:
- at any time by FEM-VN without prior notice thereof if the Member breaches any of the provisions of these Conditions;
- at any time by a Member returning to FEM-VN the Membership Card cut in half, with such termination becoming effective on the date of receipt of the cut Membership Card by FEM-VN.
Limitation of Liability
FEM-VN shall not be liable for any loss or damage incurred or suffered by any Member as a consequence of:
- any damage, loss or inability to retrieve any data or information that may be stored on the Membership Card or accessed using the Membership Card; or
- any Event of Force Majeure; or
- any delays caused to the Member in accessing the Benefits.
- FEM-VN may amend any or all of these Conditions by publishing such amendment in the FVH Newsletter and such amendment shall become effective on the date of such publication. If the Member retains or continues to use the Membership Card after notice of such amendment has been published in the FVH Newsletter (regardless of whether or not the Member has received a copy of the FVH Newsletter), the Member will be deemed to have accepted such amendment.
- Any failure or delay by FEM-VN in exercising any right, power or remedy shall not be deemed to be a waiver of such right, power or remedy, unless the same has been specifically waived in writing by a duly authorised representative of FEM-VN.
- Any notices to be sent by either party to the other party hereunder shall be sent by post – if to FEM-VN, to the FV Hospital at 6 Nguyen Luong Bang Street, Saigon South, Tan Phu Ward, District 7, Ho Chi Minh City, Vietnam addressed to the Membership Coordinator and if to the Member, to the home address of the Member last notified to FEM-VN.
- These Conditions shall be governed by the laws of Vietnam and the Member submits to the exclusive jurisdiction of the courts of Vietnam to resolve any disputes relating hereto.