Terms and conditions

The present Terms and Conditions govern the provision of consultancy and coaching services carried out by Michaela Gruebler, taxpayer nr. 304598062, as well as the use of this website, which is owned and managed by Michaela Gruebler (for ease of use hereinafter referred to as “Gutmore”).
We invite you to read the Terms and Conditions, as they contain important information and provisions regarding the service and use of the website of Gutmore (the “Website”). We have refrained from using a gender-neutral wording

1. Description and general conditions of the Services

By the registration in Gutmore’s website (the “Website”), Users may have access to Gutmore’s consultancy and coaching services relating to wellness, lifestyle and nutrition, and also other services provided by third parties and that are presented in this Website.
Our services entail a holistic approach oriented to support Users to enhance their self-knowledge in a variety of aspects that affect their wellbeing.
Our services do not consist of and do not entail the provision of health or medical care to Users, nor any recommendation or diagnosis related to human diseases or health conditions.
The User acknowledges that by using this Website and booking the services presented herein, he/ she accepts these Terms and Conditions, which are also applicable to the provision of Gutmore consultancy and coaching services.

2. Microbiome test

The microbiome test presented in this website is a laboratorial test that analyses the bacteria existent in your gut.
This test is performed and provided by Biome Diagnostics GmbH, based in Alleestrae 90, 2103 Langenzersdorf, Austria, that operates under license nr. ATU73865506 granted by Landesgericht Korneuburg, Lower Austria, Austria.

3. Price and payment conditions

In consideration for the provision of the Gutmore consultancy and coaching services, the User will pay to Gutmore the price agreed under the terms of the proposal, which is presented to the User after a first contact and a 30min call to clarify the process. Our prices are accrued of VAT at the legally established rate.
The price to be paid for each of the services must be paid in accordance with the terms provided in the proposal accepted by the User.
In the event that, after the booking and payment of any Gutmore services, or other services ordered through the Website, the User withdraws or quits from using such services or programs, no reimbursement of the price paid by the User, either total or in part, shall take place.
For each of the services offered by Gutmore, Gutmore will issue the relevant invoice and will send it to the User’s invoicing address communicated to that effect.

4. Warranty and limited liability

The Gutmore's services are provided on an "as is" basis and, by their very nature, are provided without any guarantee, including as to quality, reliability, suitability or performance, unless otherwise provided by law.
Except for wilful and/or gross negligence or in other cases in which the law does not admit the exclusion or limitation of liability, Gutmore's total and cumulative contractual liability to the client and/or any third party is limited to the price of the services actually paid to Gutmore by the User.
Gutmore shall not be liable for damages and/or losses where the same derive wholly or in part from any act or omission of the User.
Gutmore shall not be liable for any damages or indirect losses, namely, loss of profits, loss of contract, losses or breaks in productivity, efficiency or effectiveness, damage to the image, good name, reputation, loss, adulteration or destruction of data and any others that are not in a strict and direct causal link with the damaging event that is directly and exclusively attributable to Gutmore as a result of the execution of the services or the supply.
Gutmore will not be liable for the collection of biological samples, and the analysis of the gut microbiome, or any aspect relating to that procedure.

5. Confidentiality

Gutmore undertakes to guarantee the confidentiality of all information provided by Users or third parties and all information which comes to its knowledge within the scope of or as a result of the provision of services and will not make such information available to any other entities, except to the extent Gutmore is required by applicable law or administrative or judicial order to disclose 

6. Specific terms and conditions concerning the website

6.1. Access to the Website

The access to the Website is not subject to any registration. Gutmore has the exclusive right to suspend access to the Website, in whole or in part, at any time, in particular during its management, maintenance, repair, modification or upgrade operations and to terminate, definitively or temporarily, in whole or in part, at any time, at its own discretion, the Website or any of its services, without prior notice. 

6.2. Use of the Website

The use of the Website is subject to compliance with the following rules:
• Do not use the Website to send or make available any content that is unlawful, false, misleading, threatening, harassing, abusive, defamatory, libelous, invasive of privacy, racially, ethically or morally objectionable, harmful or derogatory to the dignity of persons or harmful to minors, or that could adversely affect the image of Gutmore;
• Do not use the Website to send or make available information or content that belongs to third parties and that you do not have the right to use, for example, content that is protected by the copyright of a third party or that contains personal data of a third party;
• Do not use the Website to make available or transmit any material that contains or may contain viruses, worms, defects, Trojan horses or other items or computer code, files or programs that are likely to interrupt, destroy or limit the functionality of any computer equipment or system (hardware or software) or communications equipment;
• Do not remove any copyright, trademark or proprietary rights notices;
• Do not make available or transmit any unsolicited or unauthorized content as Spam.
In general, the User must use the Website in a responsible, prudent and careful manner and must not disrupt or degrade the continuity, integrity and quality of its resources and functionality.
The User acknowledges that his/her use of the Website is at his/her own risk, and he/she is solely responsible for any damage caused to his/her computer system and/or equipment or for any other damage or loss, including loss or damage to data, resulting from the use of the materials, contents or information obtained in any way through the Website.

6.3. Intellectual Property Rights

The User acknowledges that the Website, its structure and layout, the selection, arrangement and presentation of its content, including its functionality and the software used on it, and the marks, logos and symbols displayed on the Website, are either owned by Gutmore or have been duly licensed to Gutmore.
The user further acknowledges that the contents of this Website (text, images, graphics, sound and animation and all other information made available) are protected by intellectual property rights and you undertake to respect such rights.
Gutmore is responsible for managing the design, layout and disposition of all information, content and materials on the Website, and Gutmore may, at any time, update, modify or delete any content, services, options or features, as well as modify their presentation, configuration and change its URLs.
The user cannot transmit, publish, communicate or make available to the public, modify, transform, copy, sell, use or distribute, in any way, the text, images or other information contained on this Website or any portion of the Website without Gutmore’s prior written permission. The use of trademarks and logos on this Website, and the provision of materials and products on the Website, do not and cannot be interpreted as granting and/or as a permission for Users to use, directly or indirectly, such trademarks, logos or materials.

6.4. Personal Data

The use of this Website does not necessarily imply the provision of personal data, notwithstanding the presence of cookies which are necessary in order to establish a contract between devices and to be able to display browsing content suitable for the User (i.e., only functional cookies). However, if you would like to request contact and clarification, to submit a complaint, comments or suggestions, you must provide us with some data, including your name and email address, which will be processed under the terms defined in the Privacy Policy.

6.5. Information

The information provided on the Gutmore Website is intended primarily to clarify and inform Users about the activity and services provided by Gutmore. 

6.6. Liability and Warranties

The Website was developed with our Users’ interests in mind. However, we cannot warrant that the Website or any functionality available on it will meet any needs and/or expectations you might have or serve your specific purposes.
In addition, Gutmore makes no warranty that:
• The results obtained through the use of the Website are correct, true, proper or reliable;
• Any advice, recommendation or information of any kind from Gutmore, that is presented or made available on the Website or obtained through its use, is up to date, accurate, complete or error-free. In this regard, Gutmore does not assume any legal duty;
• Any material or other content made available by third parties through the Website is safe, legal or appropriate.
Gutmore will not be liable for errors that may occur due to system malfunction, failure (temporary or permanent) of the Website, applications or other tools, as well for any damages resulting from misuse or inability to use the Website.

6.7. Links to third-party websites

Gutmore may provide links to other websites. Nevertheless, please notice that these websites are not owned, operated or controlled by Gutmore. Gutmore is not responsible for, endorses or otherwise supports, or even subscribes to the content of any such website or the websites linked to or referred to from them. The establishment of links in no way implies the existence of any relationship between Gutmore and the owner or manager of the website to which the link refers. Gutmore is therefore not responsible for the legality, reliability or quality of any content provided there, nor for compliance with applicable legal rules regarding the content available there, and the use of such links is entirely at the User’s own risk. 

6.8. Security

Gutmore does not warrant that the Website will operate uninterrupted, error-free or fault-free, or that it will be available continuously.
Gutmore makes every effort to ensure that the Website is free from viruses or other elements of such nature that may be harmful to your computer. However, because Gutmore cannot fully control the flow of information over the Internet, it cannot warrant that it does not contain any viruses or other elements that could damage your computer.
To ensure the security of the Website, Gutmore may, at any time and without prior notice, take any necessary steps to ensure the integrity, security, continuity or quality of the Website, including restrictions or limitations on access.

7. General terms

7.1. Change of the Terms and Conditions

Gutmore reserves the right at any time, without notice and with immediate effect, to change, add, update or delete, in whole or in part, these Terms and Conditions.
We recommend you that you visit these Terms and Conditions page periodically to confirm if any updates or changes have been made. If you do not agree to any of the Terms and Conditions, you should not use the Website and/or contact us.

7.2. Validity of Terms and Conditions

If any part or provision of these Terms and Conditions is unenforceable or conflicts with applicable law, the validity of the remaining parts or provisions shall not be affected. 

7.3. Applicable Law and Jurisdiction

The management, administration, use and enforcement of the Terms and Conditions of the Website shall be governed by Portuguese law. To settle all questions and disputes that may arise, inherent to these Terms and Conditions, the Court of Lisbon has exclusive jurisdiction, with express waiver of any other. 

Questions

If you have any questions about these Terms and Conditions, please send us your request for clarification by written:
Name: Michaela Gruebler
Address: Rua do Quelhas 27 R/C, 1200-779 Lisboa
E-mail address: michaela@gut-more.com