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Legal Document

Terms of Service

Conditions of use for our medical services

Last updated: December 15, 2025

1. Acceptance of Terms

By accessing and using this website and our medical services, you agree to be bound by these Terms of Service and our Privacy Policy. If you disagree with any part of these terms, you should not use our services.

2. Medical Services

  • Our services include specialized medical consultations in bariatric surgery, surgical procedures, and postoperative follow-up.
  • All services are provided under strict medical and ethical standards.
  • Results may vary according to individual patient conditions.

3. Medical Disclaimers

  • The information provided on this website is for informational and educational purposes only, and does not substitute an in-person medical consultation.
  • No doctor-patient relationship is established until a formal consultation is conducted and informed consent is signed.
  • Results of surgical procedures vary by individual. In accordance with COFEPRIS regulations, we do not guarantee specific results.
  • The preliminary evaluation provided through online forms is informational only and does not constitute a medical diagnosis.
  • Final candidacy for any surgical procedure is determined after a complete medical evaluation including laboratory tests, imaging studies, and in-person assessment.

4. Professional Qualifications

  • Medical services are provided by Dr. César Hernández Elenes, who holds the following credentials:
  • Medical Surgeon Professional License: 0959617
  • General Surgery Specialty License: 0002234
  • Mexican Board of General Surgery Certificate (Valid 2023-2028): CE18008118
  • Bariatric Surgery Certificate (Valid 2023-2028): CB230062
  • Office: Maestros de la Manga Gástrica

5. Patient Responsibilities

  • Provide complete and truthful medical information during consultations.
  • Follow medical indications and prescribed treatments.
  • Attend scheduled appointments punctually or notify at least 48 hours in advance of any changes.
  • Comply with agreed payments according to established terms.
  • Confirm that you are at least 18 years of age or have parental authorization for medical procedures.

6. NOM-004-SSA3-2012 Compliance

  • Medical records are maintained in accordance with the Mexican Official Standard NOM-004-SSA3-2012 for medical records.
  • Medical records are retained for a minimum period of 5 years.
  • Patients have the right to obtain a copy of their medical record upon written request.
  • Security measures are implemented to protect both electronic and physical medical records.

7. COFEPRIS Regulatory Compliance

  • This website complies with medical advertising regulations established in NOM-028-SSA3-2012.
  • No misleading claims, superlatives, or guarantees about medical results are made.
  • All published testimonials are from real patient experiences who have provided written informed consent for use of their information.
  • Medical procedure descriptions are for educational purposes only and do not constitute medical recommendations.

8. Payment, Deposits, Cancellations and Refunds Policy

  • Preliminary evaluation: The online evaluation form is free of charge.
  • Consultation fees: Established at the time of scheduling the appointment.
  • Surgery costs: A quote is provided after complete medical evaluation, as costs vary by individual case.
  • Cancellation policy: Notification at least 48 hours in advance is required for consultations.
  • Medical insurance: Bariatric surgery procedures are generally not covered by insurance. It is the patient's responsibility to verify coverage.
  • NON-REFUNDABLE DEPOSIT: For the reservation of the surgical date, medical scheduling, preoperative preparation, and administrative expenses, the patient must make an initial deposit payment. The deposit amount will be communicated to the patient prior to reservation and may vary depending on the selected procedure.
  • The patient expressly acknowledges and accepts that said deposit is strictly NON-REFUNDABLE, even in the following cases, without the list being exhaustive: voluntary cancellation of the procedure, change of surgical date, patient no-show, personal decision not to continue with the procedure, or subsequent medical disqualification due to causes beyond the service provider's control.
  • The deposit covers administrative expenses, medical scheduling reservation, logistics, evaluation, and preoperative preparation, therefore it will not be subject to refund under any circumstances.
  • FORM OF ACCEPTANCE: Making the deposit payment through electronic payment platforms constitutes express consent by the patient regarding these Terms and Conditions, including the non-refundable deposit policy.

9. Limitation of Liability

  • This website provides information only and does not constitute professional medical advice.
  • Actual medical services are governed by separate informed consent documents signed before any procedure.
  • We assume no responsibility for decisions made based solely on website information without a formal medical consultation.
  • Technical issues or website downtime do not constitute grounds for medical claims.
  • Medical practice involves inherent risks that will be explained in detail before any procedure.
  • We do not guarantee specific results, as these depend on multiple individual factors.
  • Our responsibility is limited to providing competent medical care according to professional standards.
  • The patient acknowledges that the deposit does not constitute full payment for the surgical procedure, nor does it guarantee the performance of the same, as final candidacy depends on the complete medical evaluation and compliance with the corresponding clinical requirements.

10. Medical Confidentiality

  • All medical information is kept under strict confidentiality in accordance with the Federal Law on Protection of Personal Data Held by Private Parties (Ley Federal de Protección de Datos Personales en Posesión de los Particulares).
  • Access to your information is limited to authorized medical personnel directly involved in your care.
  • We do not share medical information with third parties without your express consent, except when required by law.

11. Intellectual Property

  • The content of this website, including texts, photographs, videos, and graphic materials, is the property of Dr. César Hernández Elenes.
  • Patient testimonials and photographs are used with written informed consent.
  • Unauthorized reproduction of any website content is prohibited.
  • Medical information provided is for educational purposes only.

12. CONAMED Arbitration Rights

  • Patients have the right to file complaints with the National Commission for Medical Arbitration (Comisión Nacional de Arbitraje Médico - CONAMED).
  • CONAMED offers a voluntary medical arbitration process for dispute resolution.
  • CONAMED contact: www.gob.mx/conamed
  • Access to CONAMED does not waive patient legal rights.

13. Privacy Policy Integration

  • This website has a separate Privacy Notice available at /politica-privacidad
  • Patients have ARCO rights (Access, Rectification, Cancellation, and Opposition) regarding their personal data.
  • To exercise your ARCO rights, please consult our complete Privacy Policy.

14. Governing Law and Jurisdiction

  • These terms are governed by the laws of the United Mexican States, particularly the Federal Law on Protection of Personal Data Held by Private Parties and applicable Mexican Official Standards.
  • For any dispute arising from these terms, the parties submit to the jurisdiction of the competent courts of Mexico City.
  • As an alternative dispute resolution method, medical arbitration is available through CONAMED (National Commission for Medical Arbitration).

15. Age Restrictions

  • This website is intended for persons 18 years of age and older.
  • Bariatric surgery procedures generally require the patient to be 18 years or older, or have parental consent in exceptional cases.
  • Processing of personal data of minors requires authorization from parents or legal guardians.

16. Contact Information for Legal Matters

  • For legal inquiries: contacto@manga-gastrica.mx
  • Physical location: C. Novena 2272-D, Calles, 21378 Mexicali, B.C., Mexico
  • Business hours: Monday to Friday from 9:00 AM to 6:00 PM, Saturday from 9:00 AM to 2:00 PM

17. Modifications and Validity

We reserve the right to modify these terms at any time. Modifications will take effect when published on this website. It is the user's responsibility to periodically review these terms.

Important Notice

These terms constitute a legally binding agreement. By using our services, you agree to comply with all terms set forth herein.

Contact Information

For any questions related to these terms of service, you can contact us through:

+52 686 608 6521contacto@manga-gastrica.mx