Terms of Use Agreement
It is important that you read all the following terms and conditions carefully. This Terms of Use
Agreement (“Agreement”) is a legal agreement between you and Dr. Anil Dalvi and Dr. Matthew
Mosseler the owners and operators (“Owner”) of this Website (the “Website”). It states the terms and
conditions under which you may access and use the Website and all written and other materials
displayed or made available through the Website, including, without limitation, articles, text,
photographs, images, illustrations, audio clips, video clips, computer software, and code (the “Content”).
By accessing and using the Website, you are indicating your acceptance to be bound by the terms and
conditions of this Agreement. If you do not accept these terms and conditions, you must not access or
use the Website. The Owner may revise this Agreement at any time by updating this posting. Use of the
Website after such changes are posted will signify your acceptance of these revised terms. You should
visit this page periodically to review this Agreement.
Medical emergency
Do NOT use the Website for medical emergencies. If you have a medical emergency, call a physician or
qualified healthcare provider, or CALL 911 immediately. Under no circumstances should you attempt self-
treatment based on anything you have seen or read on the Website.
General information is not medical advice
The general information provided on the Website is for informational purposes only and is not professional
medical advice, diagnosis, treatment, or care, nor is it intended to be a substitute therefore. Always seek the
advice of your physician or other qualified health provider properly licensed to practice medicine or general
healthcare in your jurisdiction concerning any questions you may have regarding any information obtained from
this Website and any medical condition you believe may be relevant to you or to someone else. Never
disregard professional medical advice or delay in seeking it because of something you have read on this
Website. Always consult with your physician or other qualified healthcare provider before embarking on a new
treatment, diet, or fitness program. Information obtained on the Website is not exhaustive and does not cover
all diseases, ailments, physical conditions, or their treatment.
No physician-patient relationship
The presentation of general information on the Website does not establish a physician-patient relationship
between you and the Owner (or any of its physicians) and is not intended as a solicitation of individuals to
become patients or clients of the Owner (or any of its physicians). This section does not apply to the extent that
you are using the Website to communicate with a physician with whom you have an existing physician-patient
relationship.
No endorsements
Unless specifically stated, the Owner does not recommend or endorse any specific brand of products,
services, procedures, or other information that appears or that may be advertised on the Website.
Email communication with the public
The Owner does not wish to use this Website as a means of communication with the public
(i) regarding questions or issues of a medical nature; (ii) to establish physician-patient relationships; (iii) to book
or cancel appointments; or (iv) for inquiries regarding fees, services, or similar matters. Email communications
regarding such matters will not be responded to and will be discarded unread. If you are not an existing patient
and you wish to contact the Owner or its physicians regarding medical questions or issues or with regard to
appointments, accounts, or other questions, please do so by telephone, fax, or regular mail in the manner set
out in the Website.
Disclaimer of warranties
The Website and the Content are provided “AS IS” and “AS AVAILABLE.”While the Owner endeavours to
provide information that is correct, accurate, current, and timely, the Owner makes no representations,
warranties, or covenants, express or implied, regarding the Website and the Content including, without
limitation, no representation, warranty, or covenant that (i) the Content contained in or made available through
the Website or any item(s) made available on or through the Website will be of merchantable quality and/or fit
for a particular purpose; (ii) the Website or Content will be accurate, complete, current, reliable, timely, or
suitable for any particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv)
that defects or errors in the Website or the Content, be it human or computer errors, will be corrected; (v) that
the Website will be free from viruses or harmful components; and (vi) that communications to or from the
Website will be secure and/or not intercepted.
You acknowledge and agree that your access and use of the Website and the Content is entirely at your
own risk and liability.
Limitation of liability
In no event shall the Owner, its physicians, officers, directors, employees, agents, licensors, and their respective
successors and assigns be liable for damages of any kind, including, without limitation, any direct, special,
indirect, punitive, incidental, or consequential damages including, without limitation, any loss or damages in the
nature of, or relating to, lost business, medical injury, personal injury, wrongful death, improper diagnosis,
inaccurate information, improper treatment, or any other loss incurred in connection with your use, misuse, or
reliance upon the Website or the Content, or your inability to use the Website, regardless of the cause and
whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The
foregoing limitation shall apply even if the Owner knew of or ought to have known of the possibility of such
damages.
The Owner also expressly disclaims any and all liability for the acts, omissions, and conduct of any third-party
user of the Website, or any advertiser or sponsor of the Website (“third-party”). Under no circumstances shall the
Owner, its physicians, officers, directors, employees, agents, licensors, and their respective successors and
assigns, be liable for any injury, loss, damage (including direct, special, indirect, punitive, incidental, or
consequential damages), or expense arising in any manner whatsoever from (i) the acts, omissions, or conduct of
any third-party; and (ii) any access, use, reliance upon, or inability to use any materials, content, goods, or
services located at, or made available at, any Website linked
to or from the Website, regardless of the cause and whether arising in contract (including fundamental
breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Owner knew
of or ought to have known of the possibility of such damages.
Indemnity
You agree to indemnify, defend, and hold harmless the Owner and its physicians, officers, directors,
employees, agents, licensors, and their respective successors and assigns, from and against any and all
claims, demands, liabilities, costs, or expenses whatsoever, including, without limitation, legal fees and
disbursements, resulting directly or indirectly from
(i) your breach of any of the terms and conditions of this Agreement; (ii) your access to, use, misuse, reliance
upon, or inability to access or use the Website, the Content, or any Website to which the Website is or may be
linked to from time to time or; (iii) your use of, reliance on, publication, communication, distribution, uploading, or
downloading of anything (including the Content) on or from the Website
Use of the Website
The Owner authorizes you to access and use the Website for your personal noncommercial use in Canada in
accordance with the terms and conditions of this Agreement. You acknowledge and agree that the Website, and
its contents, are intended only for residents of Canada.
Copyright
The Content is protected by copyright law and is owned by the Owner and its licensors, or the party accredited
as the provider of the Content. Except as granted in the limited licence herein, any use of the Content, including
modification, transmission, presentation, distribution, republication, or other exploitation of the Website or of its
Content, whether in whole or in part, is prohibited without the express prior written consent of the Owner.
Limited licence
Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non- transferable, and
non-exclusive licence to access, view, and use the Website and the Content for your personal, non-commercial
use. You are granted the right to download, store, and/or print single copies of items comprising the Content for
your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such
Content. You may not copy and/or repost items comprising the Content online. You must also abide by any
additional requirements governing the use of any specific Content that may be set out in the Website. In the event
of a conflict between the terms of a licence governing specific Content and this Agreement, the terms of the
specific licence shall govern.
Trademarks
Georgetown General Surgery is/are trademarks of the Owner. Other names, words, titles, phrases, logos,
designs, graphics, icons, and trademarks displayed on the Website may constitute registered or unregistered
trademarks of the Owner or third parties. While certain trademarks of third parties may be used by the Owner
under licence, the display of third-party trademarks on the Website should not be taken to imply any relationship
or licence between the Owner and the owner of the trademark or to imply that the Owner endorses the wares,
services, or business of the owner of the said trademark.
Linking
The Website contains links to third-party Websites. These links are provided solely as a convenience to you
and not as an endorsement by the Owner of any third-party Website or the content thereof. Unless expressly
stated, the Owner does not operate any third-party Website linked to the Website and is not responsible for the
content of any third-party Website, nor does it make any representation, warranty, or covenant of any kind
regarding any third-party Website including, without limitation, (i) any representation, warranty, or covenant
regarding the legality, accuracy, reliability, completeness, timeliness, or suitability of any content on such third-
party Websites; (ii) any representation, warranty, or covenant regarding the merchantability and/or fitness for a
particular purpose of any third-party Websites or material, content, software, goods, or services located at or
made available through such third-party Websites; or (iii) any representation, warranty, or covenant that the
operation of such third-party Websites will be uninterrupted or error free, that defects or errors in such third-
party Websites will be corrected, or that such third-party Websites will be free from viruses or other harmful
components.
While the Owner encourages links to the Website, it does not wish to be linked to or from any third-party Website
which contains, posts, or transmits any unlawful or indecent information of any kind, including, without limitation
(i) any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any local, state, provincial, territorial, national, international law or regulation which
may be damaging or detrimental to the activities, operations, credibility, or integrity of the Owner; or (ii) any
Website which contains, posts, or transmits any material or information of any kind which violates or infringes
upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is
protected by copyright, trademark, or other proprietary rights.
The Owner reserves the right to prohibit or refuse to accept any link to the Website, including, without limitation,
any link which contains or makes available any content or information of the foregoing nature, at any time.
You agree to remove any link you may have to the Website upon the request of the Owner.
Tools
Any tools or calculators provided on the Website are provided for general and illustrative purposes only. Such
tools and/ or calculators are not medical advice nor are they intended to be a substitute therefor. You should not
act or abstain from acting based on any information provided by any such tool or calculator available on this
Website.
Security
Any information sent or received over the Internet is generally not secure. The Owner cannot guarantee the
security or confidentiality of any communication to or from the Website.
Modification to Website
The Owner reserves the right any time, and from time to time, to modify or discontinue, temporarily or
permanently, the Website (or any part thereof ) with or without notice to you. The Owner shall have no liability to
you or any third party for any modifications, suspension, or discontinuance of the Website or any part thereof.
Use prohibited where contrary to law
Use of this Website is unauthorized in any jurisdiction where the Website or any of the Content may violate
any laws or regulations. You agree not to access or use the Website in such jurisdictions. You agree that
you are responsible for compliance with all applicable laws or regulations. Any contravention of this
provision (or any provision of this Agreement) is entirely at your own risk.
Governing law and jurisdiction
The Website is operated by the Owner from its offices within the province of Ontario, Canada. Dr. Anil Dalvi and
Dr. Matthew Mosseler are licensed by the College of Physicians and Surgeons of Ontario to practise medicine in
Ontario. You agree that all matters relating to your access or use of the Website and its Content shall be
governed by the laws of the province or territory of Ontario and the laws of Canada applicable therein, without
regard to conflict of laws principles. You agree and hereby submit to the exclusive and preferential jurisdiction of
the courts of the province of Ontario with respect to all matters relating to your access and use of the Website and
the Content as well as any dispute that may arise therefrom and that the applicable law shall be the law of the
province of Ontario and of Canada.
Waiver
Any consent by the Owner to, or waiver of, a breach of this Agreement which you have committed, whether
express or implied, shall not constitute a consent to, or waiver of any other, different or subsequent breach.
Severability
The invalidity or unenforceability of any provision of this Agreement or any covenant contained herein shall not
affect the validity or enforceability of any other provision or covenant contained herein and any such invalid
provision or covenant shall be deemed severable from the rest of this Agreement.
Notice
Questions or comments regarding the Website should be directed by email to
info@georgetowngeneralsurgery.com.
Termination
The Owner may, in its sole discretion, cancel or terminate your right to use the Website, or any part of the
Website, at any time without notice. In the event of termination, you are no longer authorized to access the
Website, or the part of the Website affected by such cancellation or termination. The restrictions imposed on
you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set
forth in this Agreement, shall survive termination of this Agreement. The Owner shall not be liable to any party
for such termination.
Entire Agreement
This is the entire Agreement between you and the Owner relating to your access and use of the Website.
