1. Acceptance of the Terms

By accessing and using the Website, the user is deemed to expressly accept the content of each and every one of these Terms in the version published on the Website at the time of access.

Please read these Terms before using the Website, and if you do not agree with them, you should refrain from using the Website.

2. Legal capacity to use our Website and Services

You must be at least eighteen (18) years old to use our Website and Services and have the legal capacity to enter into a binding contract. Please do not access our Website or use our Services if you are under eighteen (18) years of age. If a person under eighteen (18) years old requires a Surgeon recommendation, a legally capable adult must contract our Services on behalf of the minor.

3. Purpose and Free Access of the Website

All information included on the Website is for informational purposes only. Access to and use of the Website are free of charge.

4. Access to Certain Services Requiring the Provision of Personal Data

Access to certain services contained on the Website may require the provision of personal data, which will entail acceptance of the General Terms and the Privacy Policy.

Additional information may be requested to define the User’s profile in order to offer certain personalized services. If such data are not provided, Esthetica will not deny access to the Website; however, it will not be able to offer these personalized services to those users.

The user undertakes not to use false identities or impersonate others in the use of the Website or any of its services.

5. Lawful and Non-Damaging Use of the Website

The user undertakes to use the Website and the content and services offered on it in accordance with the law, these Terms, good faith, generally accepted customs, and public order. Likewise, the user agrees not to use the Website or its services for unlawful purposes or in ways that could harm the rights or interests of third parties, or that could in any way damage, disable, or impair the Website or its services, or prevent other users from enjoying it normally.

6. Limitation of Liability

a. Interaction with Our Advisory Team

You may use Our Services to receive guidance regarding the surgical procedures featured on this Website, the Surgeons we recommend, the Medical Centers where they operate, as well as their reference prices. You may also use Our Services to have us explain the surgical proposals made by the surgeons we recommend, and to have us negotiate and/or improve any aspect of a proposal that does not fully satisfy you, on your behalf, with the surgeon who issued it. Once you accept a proposal, you may use Our Services for support in coordinating your surgery before, during, and after the procedure. All these services are free of charge for the User.

However, Esthetica does not operate as a Healthcare Professional or Medical Center and does not provide Health Services: we are merely an intermediary and provider of technical services that support interactions between Users, the Surgeons we recommend, and the staff of the Medical Centers where surgeries are performed.

This means that, as a User, you are ultimately responsible for choosing your Surgeon or Medical Center, and that such Surgeon and Medical Center, and not Esthetica, are responsible for providing any kind of Health Services.

Please note that although Surgeons may send you communications directly through platforms or communication systems owned or operated by us, we do not accept any responsibility for such communications.

b. Interaction with Healthcare Providers

Any agreement, conversation, booking, or contract for the provision of advice, assistance, diagnosis, treatment, or medical procedures with any Surgeon or Medical Center featured on our Website—all of which are considered Health Services—is entered into directly between the User and the Surgeon or Medical Center. Esthetica is not a party to such agreement, conversation, booking, or contract. Accordingly, the User acknowledges and agrees that any complaint, claim, or grievance in any way related to a Surgeon or Medical Center, their medical advice, or the Health Services they have provided, must be addressed to and/or filed directly against said Surgeon or Medical Center, and not against Esthetica. Esthetica shall not be liable for any act or omission of such Surgeons, Medical Centers, or their staff. Furthermore, it is the responsibility of the Surgeon or Medical Center to verify the identity of their patients, and Esthetica accepts no responsibility in this regard.

c. Esthetica’s Role as a Mere Intermediary

Esthetica shall be considered a mere intermediary and provider of technical services within the framework of providing Health Services to Users. Therefore, the relevant exemptions and exclusions of liability applicable to intermediary service providers under applicable legislation shall apply. Consequently, Esthetica shall not be liable for any losses, damages, costs, expenses (including legal fees and costs), interests, claims, or liabilities of any kind arising from claims made by third parties or by a public authority or enforcement body in relation to or in connection with (i) any recommendation, advice, diagnosis and/or information provided by a Surgeon or Medical Center, (ii) negligence, recklessness, or lack of expertise by Surgeons or Medical Centers, or any erroneous or misleading communication or information provided by them or their staff, (iii) any act or omission of the staff of Surgeons or Medical Centers, and/or (iv) any payment made by the User to Surgeons or Medical Centers as remuneration for their Health Services.

d. Health Information Published on the Website

Esthetica makes every effort to ensure that all content is accurate and up to date; however, it is not possible to guarantee this in all cases, bearing in mind that medicine is a continuously evolving science.

At Esthetica, we emphasize that all health-related information published on the Website is intended to provide added value, but never to replace the relationship with your doctor. Therefore, any information included here should always be consulted and discussed with your physician so that it can be tailored and adjusted to your specific circumstances.

Esthetica does not recommend or endorse the use of any specific drug, test, or clinical diagnosis. It is the responsibility of medical professionals attending to the patient to diagnose and prescribe the necessary and/or recommended treatments and medications.

e. Liability for the Use of the Website

The user is solely responsible for any infringements they may commit or damages they may cause, to themselves or to third parties, as a result of using the Website contrary to these Terms, and Esthetica shall be exempt from any liability that may arise from the user’s actions.

The user shall be solely responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties against Esthetica as a result of the user’s use of the Website in violation of these Terms, assuming any expenses, costs, and indemnities that may be incurred by Esthetica as a result of such claims or legal actions.

f. Liability for the Operation of the Website

Esthetica makes every effort to ensure that browsing the Website takes place under the best security conditions. However, Esthetica shall not be liable for any damage that may arise from interferences, omissions, interruptions, computer viruses, telephone malfunctions, or disconnections in the operational functioning of the electronic system caused by factors beyond Esthetica’s control.

Likewise, Esthetica shall be exempt from any liability arising from delays or blockages in the operation of this electronic system caused by deficiencies or overloading of telephone lines or the Internet, as well as damages caused by third parties through unlawful intrusions beyond Esthetica’s control.

g. Links to and from Third-Party Websites

This Website and/or the various activities carried out on it may include links or interactions with other websites or pages owned by third parties, such as Facebook, Instagram, TikTok, YouTube, or LinkedIn. These third parties are responsible for the content hosted on their respective sites and platforms. Esthetica has no control over the content or use of websites other than this one and therefore shall not be liable for any damage or harm that they may cause.

The existence of hyperlinks (links) to this Website from third-party pages or sites shall not, under any circumstances, imply the existence of any commercial or business relationship with the owner of the website where the hyperlink is established, nor acceptance, approval, or participation by Esthetica in its content or services.

Esthetica shall not be responsible for the proper functioning of such links, the results obtained through them, the accuracy or legality of the content or information accessed through them, or any damages that may arise from information found on linked websites.

h. Advertising

The Website may contain advertising or sponsored content from third parties. In such cases, advertisers and sponsors are solely responsible for ensuring that the material submitted for inclusion on the Website complies with applicable laws. Esthetica shall not be responsible for any errors, inaccuracies, lack of transparency, or irregularities that such advertising or sponsored content may contain. In any case, any claim related to advertising content included on this Website may be addressed directly to the advertiser or sponsor, or reported to Esthetica through any of the contact means provided at the beginning of this document so that Esthetica can forward it to the relevant third parties and take appropriate measures to prevent a recurrence of the same situation.

i. User-Generated Comments and Content

Esthetica may offer users the ability to post comments for inclusion in the relevant sections of the Website. The publication of comments and other content is subject to compliance with these Terms. If you do not agree with them, please do not use these services.

The person identified in each case as having posted comments or content shall be solely responsible for them, as well as for ensuring that their inclusion on the Website complies with these Terms and applicable laws. The included content does not reflect Esthetica’s opinion, and Esthetica shall not be liable for any error, inaccuracy, defamation, or irregularity contained in such comments.

When a user uploads or posts content on the Website, they declare to be the holder of the rights over the texts and content, guaranteeing that they have the necessary rights and authorizations from the author or owner for its use and publication on the Website. If the user is unsure whether they have such rights, they should not publish that information or material.

Esthetica shall not be liable (except as required by law) for any damages that may arise from the use, reproduction, distribution, or public communication of texts and/or content protected by third-party intellectual property rights without the prior authorization of the rights holders. In such a case, the user agrees to be solely responsible for any claim made by a third party alleging ownership of rights over the texts and/or content.

7. Participation in Promotional Activities

Participation in any promotional activities featured on this Website implies the user’s acceptance of these Terms and may require acceptance of any specific conditions established for each promotion.

8. Promotional Activities by Third Parties

The user acknowledges and agrees that certain promotional activities may be carried out by third parties (Esthetica’s collaborators). Therefore, if you choose to participate in such promotions, you must read and, where applicable, accept the terms and conditions established by the entity responsible for the activity.

9. Intellectual Property

All content on the Website, unless otherwise indicated, is the exclusive property of Esthetica or third parties who have authorized Esthetica to include it on the Website.

Likewise, all trade names, trademarks, or distinctive signs of any kind contained on the Website are protected by law, and their reproduction, imitation, use, or inclusion is prohibited without the proper authorization of Esthetica or the relevant third party.

The user acknowledges that unauthorized reproduction, distribution, commercialization, or transformation of the mentioned elements may constitute an infringement of Esthetica’s or third parties’ intellectual and/or industrial property rights.

Therefore, reproduction, transformation, public communication, distribution, making available to the public, or any other form of exploitation, by any means, of all or part of the Website’s content—as well as its design and content layout—are prohibited without the corresponding authorization of the rights holder or unless legally permitted or consistent with the nature of the content itself.

Access to the Website does not, under any circumstances, imply acquisition by users of any ownership rights over the content displayed therein.

The user may not use the content offered on the Website for purposes other than those set forth in these Terms or, where applicable, in the specific conditions governing certain Website functionalities.

10. Protection of Personal Data

You can find all information regarding the processing of your personal data in the Website’s Privacy Policy.

11. Links to the Website

The insertion of links to this Website on any other third-party websites, social networks, or digital platforms is expressly prohibited without the prior and express authorization of Esthetica.

12. Monitoring and Control of the Website

As the owner of the Website, Esthetica reserves the right to monitor and control its use by users at any time, including content uploaded, inserted, or published by users. In this regard, Esthetica may unilaterally remove comments and/or content produced, uploaded, or posted by users whenever it deems appropriate, without the need to justify such removal.

In services requiring users to provide personal data, Esthetica reserves the right to take appropriate measures in the event that users misuse such services in violation of these Terms.

Users may report any irregularities or breaches of these Terms detected on the Website to Esthetica so that appropriate measures may be taken.

13. Legal Actions in Case of Breach of the Terms

Esthetica may take legal action against users who breach these Terms and cause any type of damage to Esthetica, other users, or third parties.

14. Modification of the Terms

Esthetica reserves the right to modify the content of these Terms at any time to adapt to operational, technical, or legal changes. Therefore, Website users should periodically review these Terms in case they have been modified.

15. Interpretation, Applicable Law, and Jurisdiction

These Terms have been drafted in Spanish. In case of any discrepancy between the Spanish version and any other version that may be available on the Website, the Spanish version shall always prevail.

Any clause or provision of these Terms of Use that is or becomes illegal, invalid, or unenforceable shall be excluded and deemed inapplicable to the extent of such illegality, invalidity, or unenforceability, and replaced by another that most closely reflects the original intent, without affecting the remaining provisions, which shall remain in full force and effect.

Any disputes or controversies regarding the application or interpretation of these Terms shall be resolved in accordance with Spanish law and submitted to the jurisdiction of the courts and tribunals of the city of Murcia, Spain.