www.thegastroconsult.com (“website”) welcomes you.  

Here, at www.thegastroconsult.com, we offer you access to our services through our “Website” (defined below) subject to the following terms, which may be updated by us from time to time without notice to you.  By accessing and using this Website, you acknowledge that you have read, understood, and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website. 

• “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 
• “Service” or “Services” is a reference to any service defined below, which we may provide and which you may request via our Website;
• “User”, “You” and “your” refers to the person who is accessing the website or taking any service from us. 
• “We”, “us”, and “our” are references to THE GASTRO CONSULT;
• ”Website” shall mean and include www.thegastroconsult.com; mobile application and any successor Website or mobile application of the Company or any of its affiliates

• All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
• Words importing any gender shall include all the other genders.
• Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.
• All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.

• Scope. These Terms govern your use of our Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their terms of service.
• Eligibility: Our service is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason. 
• Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

Here at, thegastroconsult.com, we provide a meticulously designed website dedicated to consultation on gastroenterology and related medical procedures. 

We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to our Website. 

A. Content Responsibility. 

The website permitted you to submit comments, feedback, etc. but you are solely responsible for the content submitted to you. You represent that you have required permission to use the content.

When submitting content to the website, please do not submit content that:

• contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims
• violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law
• violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance
• uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of Use uploads or transmits viruses or other harmful, disruptive, or destructive files
• sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects
• Information or data which are unlawfully obtained

Any such kind of submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

By availing of our services:

• We provide an opportunity for you to avail of the offered Services from our Website;
• We do not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a service offered by the Website is not as described, your sole remedy is to intimate us about Services for taking further action.

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per necessity. Any offer to provide any Service made on our Website is invalid where banned.

• You shall use our Service for a lawful purpose and comply with all the applicable laws;
• You shall not upload, any content that:  Defamatory, infringes any trademark, copyright, or proprietary rights of any person or affects anyone’s privacy, contains violence or hate speech, including any sensitive information about any person.
• You shall not use or access the Website for collecting any market research for some competing business;
• You will not use any device, scraper, or any automated thing to access our Website for any means without taking permission.
• You will inform us about anything that is inappropriate or  you can inform us if you find something illegal;
• You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, transmission mechanism, software, or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
• You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
• You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

• We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.
• We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
• The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.

We respect the rights of copyright owners to control the uses of their intellectual property and require users of our websites and services to do the same. It  is our policy to respond to notices of alleged infringement that comply with the applicable intellectual property laws. Responses may include removing or disabling access to the material. 

If  you have an intellectual property , rights-related complaint about material posted on the website, you may contact us using the information below.

www.thegastroconsult.com,

ATTN: Legal Department (Copyright Notification) 

Email: clinic@thegastroconsult.com

Any notice alleging that materials hosted by or distributed through the website infringe intellectual property rights must include the following information:

• an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other right being infringed;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of the material that you claim is infringing and where it is located on the Website;
•  you address, telephone number and email address;
• a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorised by the copyright owner, its agent, or the law; and
• a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.

You understand and agree that we (a) shall not be responsible for any profit, loss, or offer received by the information provided on this website; (b) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (c) shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.thegastroconsult.com Website including loss of data or information or any kind of financial or physical loss or damage.

In no event shall THE GASTRO CONSULT, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) unlawful access, use or alteration of your transmissions or content, whether or not we've been aware of the possibility of such damage.

We are not responsible to you for: 

• any losses you suffer because the information you put on our website is inaccurate or incomplete; or
• any losses you suffer because you cannot use our website at any time; or
• any errors in or omissions from our website; or
• any unauthorized access or loss of personal information that is beyond our control.

We may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate with the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measures when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

By accessing or using the Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

Every effort has been taken to ensure that the information offered on our Website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available is free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

Our website and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.

We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, merchantability, non-violation of third parties' rights, and fitness for a particular purpose, and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation to any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the website or the content, even if we have been recommended of the possibility of such damages.

The website may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any typographical, technical, or pricing errors recorded on the website.  The website may contain information on certain services, not all of which are available in every location.  A reference to a service on the websites does not suggest that such service is or will be accessible in your location.  We reserve the right to do changes, corrections, and/or improvements to the website at any time without notice.

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on our behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   The unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for every instance.

You agree to secure, indemnify, and hold us and our officers, directors, employees, successors, and licensees, and allocate harmless from and against any dues, actions, or demands, including, without restriction, judicious legal and accounting fees, arising or consequential from your breach of this Agreement or your misappropriation of the Content or the Website.  We shall make available notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of the such matter.

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) We may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

DISPUTE RESOLUTION 

If a dispute arises between you and the website www.thegastroconsult.com, our goal is to resolve such a dispute quickly and cost-effectively. Accordingly, you and the website agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the website and mobile application Services (a "Claim") following this section entitled "Dispute Resolution." Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to the Practice Manager through our email  clinic@thegastroconsult.com.

ARBITRATION OPTION 

For any claim arising between you and www.thegastroconsult.com (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute cost-effectively through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the law of England and Wales without giving effect to any principles of conflicts of law. The English courts have exclusive jurisdiction over any dispute arising from the use of the Website.

FORCE MAJEURE

We will have no liability to you, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond our reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

We shall have the right to assign/transfer this agreement to any third party or any of our subsidiary, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at our website email clinic@thegastroconsult.com.

This Agreement was last revised on 1 October 2022.