2.1 In these Terms, the following words have the following meanings:
Aesthetic Procedure: procedures that focus on improving cosmetic appearance;
Commission: the sum retained from the Fee by LinkAesthetics in consideration of the provision of the platform services calculated as 10% of the Fees;
Customer: an individual who registers on the Site and/or books an Aesthetic Procedure through the Site;
Fees: the fees due from a Customer for an Aesthetic Procedure or from a Non-Prescribing Provider for Prescription Services;
Non-Prescribing Provider: a provider of Aesthetic Procedures accepted on to the Site by LinkAesthetics but who is not authorised to carry out Prescription Services;
Prescription Service: a physical face-to-face examination and medical consultation with a patient and if the Prescribing Provider in its sole discretion agrees, the prescribing of the injectable aesthetic medicines for the patient;
Prescribing Provider: a provider of Aesthetic Procedures and Prescription Services accepted on to the Site by LinkAesthetics;
Provider: a Prescribing Provider and/or a non- Prescribing Provider as the case may be;
Provider Advertisement: has the meaning given to it in Condition 6;
Site: the LinkAesthetics website;
Site Content: all materials on the Site, including all information, data, text, images, recordings and software excluding any content posted by a Provider and/or a Customer;
Terms: these terms and conditions; and
You: any user of the Site, including a Provider and/or a Customer.
2.2 In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.
2.3 Any reference to a statutory provision shall be a reference to such provision as may be updated or amended from time to time.
3. Registering on the Site and Use of the Site
3.1 When you register on the Site you will create a username and password. You are responsible for keeping your username and password confidential and you are responsible for any activity under your LinkAesthetics account. Please take precautions to protect your password and contact us immediately by email at email@example.com if you believe there has been any unauthorised use of your LinkAesthetics account.
(a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site;
(b) harvest or otherwise collect non-public information about another user obtained through the Site (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
(c) add a Site user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes; and/or
(d) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.
4.1 If you wish to register as a Customer on the Site, you must:
(a) be at least 18 years old; and
(b) be legally capable of entering into a contract.
At our request, you shall provide evidence of your compliance with this Condition 4.1.
4.2 No fees are due from Customers in relation to the registration on the Site.
4.3 You may use our Site to search for and book an Aesthetic Procedure with a Provider. When you book the Aesthetic Procedure, we take payment of the Fee on behalf of the Provider. A Customer may not use the Site to order Prescription Services.
4.4 You agree that on booking the Aesthetic Procedure you are entering into a contract with the Provider, and not with LinkAesthetics, for the provision of the Aesthetic Procedure. You should carefully review the Provider’s terms and conditions for the provision of the Aesthetic Procedure, in particular the cancellation policy. As a result, we are not responsible or liable to you in relation to the provision of the Aesthetic Procedure or any act or omissions of the Provider.
4.5 We do not recommend or endorse any Provider, the suitability or need for an Aesthetic Procedure and/or the quality of the Aesthetic Procedure.
5.1 If a Prescribing Provider wishes to offer Prescription Services, then the Prescribing Provider must set up two accounts on the Site: one to provide Aesthetic Procedures, and one to provide Prescription Services.
5.2 If you wish to apply to register as a Provider on the Site, you must:
(a) have the authority to bind any organisation that you purport to represent to these Terms;
(b) be based in the UK;
(c) have appropriate experience and certification in respect of the Aesthetic Procedures and/or Prescription Services you wish to offer through the Site;
(d) have in place and maintain all consents, permissions and insurances required in order to provide the Aesthetic Procedures and/or Prescription Services you wish to offer through the Site.
At our request, you shall provide evidence of your compliance with this Condition 5.2. We shall consider any application, and if we agree to include you on the Site, we shall notify you accordingly. You shall immediately notify us if at any time you cease to comply with the provisions in this Condition 5.2, and you agree that we shall be entitled immediately to remove you from the Site in such circumstances.
5.3 Providers are encouraged to create a profile on the Site including photographs of their Aesthetic Procedures. However, Providers must not upload any photographs to their profile on the Site that show:
(a) an individual without the consent of that individual;
(b) examples of Aesthetic Procedures that the Provider does not offer on the Site; and/or
(c) work that the Provider has not itself carried out.
(d) information which could be used to identify or contact the provider outside of this platform.
5.4 In addition to the requirements of Condition 5.2 above, Providers warrant and represent that all content included in a profile and any interactions on the Site must not:
(a) breach the provisions of any law, statute or regulation including any data protection laws and/or regulations;
(b) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party;
(c) be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence;
(d be deliberately or knowingly false, inaccurate or misleading;
(e) include any content which promotes fraudulent, obscene, pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory;
(f) not contain any virus; and/or
(g) give rise to any cause of action against LinkAesthetics.
5.5 Providers must upload to their profile a copy of their terms and conditions and their Fees for a Customer to review before booking an Aesthetic Procedure and/or a Non-Prescribing Provider to review before ordering a Prescription Service. The Provider warrants that their terms and conditions comply with all provisions of applicable laws, including but not limited to consumer law and data protection laws.
5.6 We do not monitor or review any content uploaded to the Site by a Provider. However, we may remove any such content at any time and without notice if we reasonably believe that such content infringes any of the provisions of these Terms.
5.7 The Provider must also keep its schedule of availability for Aesthetic Procedures up-to-date within the Site. The Provider agrees that the Customers and Non-Prescribing Providers rely on the accuracy of a Provider’s schedule, and if the schedule is frequently found to be out of date and the Provider cancels Aesthetic Procedures and/or Prescription Services, this shall be considered a material breach of these Terms.
6. Promotion of Providers
7. Payment and Cancellation
7.1 Customers shall pay the Fee for each Aesthetic Procedure when the Aesthetic Procedure is booked. Likewise, Non-Prescribing Providers shall pay for Prescription Services when the Prescription Services is booked. Payment is made through our payment service provider, Stripe. By booking an Aesthetic Procedure or ordering a Prescription Services, Customers and Non-Prescribing Providers authorise Stripe and us to process payment of the Fee together with any payment processing charge imposed by Stripe.
7.2 If a Provider is for any reason unable to provide the Aesthetic Procedure or the Prescription Services, the Provider shall immediately notify LinkAesthetics and the Customer or Non-Prescribing Provider as the case may be by using the platform function for this, and shall attempt to reschedule. If it is not possible to reschedule, the Customer or Non-Prescribing Provider as the case may be shall be entitled to a full refund of the Fee. However, we shall be entitled to require the Provider to pay to us the Commission due under the Fee for the cancelled Aesthetic Procedure or Non-Prescribing Provider as the case may be. This amount will automatically be deducted from the fees paid to a provider from their next customer booking without notification.
7.3 A Customer is entitled to re-schedule an Aesthetic Procedure, and a Non-Prescribing rovider is entitled to re-schedule Prescription Services only in accordance with the Provider’s terms and conditions.
7.4 Within 48hours after the customer has attend the scheduled appointment, we shall to the Provider pay the Fee, less then current Commission. We shall notify the Provider by email of any changes to its Commission from time to time. We shall pay all sums due to the bank account details that the Provider has provided to us together with an emailed remittance advice.
7.5 The Provider agrees that it is self-employed and is not an employee of LinkAesthetics. The Provider is responsible for making appropriate PAYE deductions for tax and national insurance contributions and the Provider shall indemnify LinkAesthetics (on a full indemnity basis) in respect of any claims or demands which may be made by the relevant authorities against LinkAesthetics in respect of income tax and national insurance contributions (or their local equivalent) relating to the Provider, including any interest or penalties and any costs or expenses we incur in relation to the claim.
8.1 Customers are entitled to post a review in relation to an Aesthetic Procedure. Customers warrant and represent that all reviews you post shall:
(a) be honest and based on a true account of your experience of the Aesthetic Procedure;
(b) not include any personal data of the Provider or any other person without their permission;
(c) include any content which promotes fraudulent, obscene, pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is defamatory, obscene, offensive, hateful or inflammatory;
(d) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party;
(e) be deliberately or knowingly false, inaccurate or misleading;
(f) not contain any virus; and/or
(g) give rise to any cause of action against LinkAesthetics.
8.2 We do not monitor or review any reviews. However, we may remove any review at any time and without notice if we reasonably believe that such content infringes any of the provisions of Condition 8.1.
9. Suitability of Providers and Customers
9.1 Providers and Customers acknowledge and agree that the Site is provided for information purposes only. LinkAesthetics does not seek to introduce or supply Customers to Providers or vice versa.
9.2 It is the responsibility of a Customer to ensure the Provider and Aesthetic Procedure are appropriate for their requirements. LinkAesthetics is not responsible for the acts of omissions of a Provider.
9.3 It is the responsibility of a Non-Prescribing Provider to ensure the Prescribing Provider and Prescription Services are appropriate for their requirements. LinkAesthetics is not responsible for the acts of omissions of a Prescribing Provider.
10. Site Communications and Availability
10.1 All communications between the Providers and Customers must be fair, honest and appropriate in the context of the Provider/potential employee relationship. In particular, you warrant and represent that your communications shall not include content that:
(a) is defamatory, obscene or offensive;
(b) is in breach of applicable laws;
(c) harasses another user;
(d) involves the transmission of junk mail or spam;
(e) engages in commercial activities not relating to the Procedures in question;
(f) is inciting hatred of any sort; and/or
(g) contains any virus or malicious code.
10.2 We will use reasonable endeavours to maintain and make available to you the Site available at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use reasonable endeavours to notify all users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
10.3 For the avoidance of doubt, we shall also not be liable if you are unable to access the Site for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.
12. Disclaimer – Your attention is particularly drawn to these provisions
11.1 You agree that LinkAesthetics has no responsibility and/or liability for any errors or omissions in any content posted by a Provider and/or a Customer. We accept no obligation to verify or review such content. Furthermore, we do not warrant that:
(a) any Customer shall find a suitable Provider for its needs;
(b) a Non-Prescribing Provider will find a Prescribing Provider suitable for its needs; and/or
(c) a Provider shall be engaged by any Customer or other Provider.
11.2 If you are a Provider, we shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any direct or indirect losses you may suffer as a result of use of the Site, including:
(a) loss of profit, anticipated profits or business;
(b) loss of data;
(c) loss of opportunity;
(d) loss of revenue;
(e) loss of goodwill or reputation;
(f) wasted expenditure; and/or
(g) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).
11.3 If you are a Customer:
(a) if there is a problem with the Site that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £20 per device subject to evidence of the damage and financial loss caused by the Site;
(b) if there is a problem with the Aesthetic Procedure, you should contact the Provider. We have no liability for the actions of the Provider.
11.4 If you are a Non-Prescribing Provider and there is a problem with the Prescription Services, you should contact the Prescribing Provider. We have no liability for the actions of the Prescribing Provider.
11.5 Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law. Your consumer statutory rights are unaffected.
The Provider shall indemnify and keep indemnify and held harmless LinkAesthetics from and against any costs, claims, losses, damages, expenses and liabilities that LinkAesthetics may suffer or incur arising as a result of:
12.1 any claim or allegation in relation to any content you have uploaded to the Site including a Provider Advertisement; and/or
12.2 any claim or allegation from a Customer, other Provider, medical authority or other third party relating to the acts or omission of the Provider including in relation to the provision of Aesthetic Procedures and the sale or use of Prescription Services.
13. Intellectual Property Rights
13.1 The copyright in all Site Content is owned by or licensed to LinkAesthetics. All rights are reserved. You can view, print or download extracts of the Site Content for your own use.
13.2 You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Site Content without our permission.
14. Termination or Suspension
14.1 We reserve the right to suspend or terminate the account of a Provider or a Customer at any time and without liability:
(a) if any information that you provide to us is not true or we cannot verify or authenticate any such information;
(b) you are in breach of these Terms;
(c) after a six (6) months continuous period of inactivity; and/or
(d) if we receive complaints or disputes are raised in relation to your activities on the Site.
14.2 Following termination by us of your LinkAesthetics you must cease to use the Site and you must not re-register on the Site under any other name.
14.3 You may contact us at any time to terminate your LinkAesthetics account, and provided there are no outstanding sums due or payable, we shall delete the account within 10 days of receipt of such a notice.
15.2 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
15.3 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
15.4 We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.
15.5 We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business.
15.6 If you are a consumer and you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
Last updated: May 2018