Terms and Conditions for the use of Skin on Point Ltd Directory/Website, Book on Point Website and App all Applicants & Clients
This Agreement establishes the terms & conditions between Skin on Point Ltd (Company Reg. No. 11766857) (also Book on Point & Book on Point App being part of Skin of Point Ltd) & Businesses wishing to be displayed on any Skin on Point Ltd /directory/App & their membership of the National Association of Aesthetic Practitioners. On Submission of your application form and confirming that you have read all these terms and conditions you confirm you are entering into a legally binding contract.
Please read the terms & conditions, if you choose to accept, continue to complete your registration form and tick the ACCEPT TERMS & CONDITIONS BOX, this forms the basis of the contract between you the subscriber and Skin on Point Ltd.
The terms agreed between Skin on Point Ltd, the National Association of Aesthetic Practitioners Ltd (registered offices at: Skin on Point, Clint Mill, Cornmarket, Penrith CA11 7HW) and the Business/Member wishing to display on the Site/ Directory (“Member/Subscriber”) are as follows: –
In return for an annual payment in advance or by instalments(“the Fee”) as notified to the Member/Subscriber in the Skin on Point Ltd acceptance of booking the Member/Subscriber shall receive a display on the Site/Directory.(“the Display”) if classifies as a n Aesthetic Practitioner and on the Book on Point App for every applicant.
The Member/Subscriber shall specify its full display details including all artwork, web site links, contact details, treatments offered, in a directory entry and that request will be subject to Skin on Point Ltd acceptance and these terms and conditions (“the Terms”) and no other terms shall apply unless notified by Skin on Point.
The Member/Subscriber is fully responsible for the accuracy of directory display information provided, the provision of information in a suitable format and the supply within a reasonable period of time to allow Skin on Point to display the information within any time frame stated in the Skin on Point Acceptance. The Member/Subscriber must also retain all back up and archive copies of any images used in the Display Request or supplied to Skin on Point at any time.
Skin on Point will make reasonable efforts to make the Display within any agreed time periods and to properly maintain the Display. It is recognized by the Member/Subscriber that the display/entry is not business critical and the Fee reflects the same. Skin on Point does not provide any guarantee regarding time periods for the Display maintenance. All text and artwork must be received by Skin on Point within 14 days of the signing of the submission form.
Once application is submitted, unless notified in writing is received sent to firstname.lastname@example.org that you wish to cancel within 14 days of the submission of your application, no cancelation will be accepted and the advertisement must be paid for the full term of the agreement, usually 12 month, though this may vary from time to time subject to the agreed contract. No refund will be given if the contract is cancelled during the term of the contract and all payment due under the contract must be paid. No refund is available once registration is completed and the 14 days cooling off period has passed. All/any quarterly subscriptions will be demanded and must be paid in full.
The Display will continue until/unless requested to be removed by the member (unpaid Displays will be displayed at the discretion of Skin on Point). If after registration the applicant does not submit valid insurance details the display will be paid in full for 12 months, no refund will be available, likewise Skin on Point cannot be held responsible for any missing or unsuitable display material for entry i.e. Logo and image for entry display. Any subscription will be entitled to a maximum of 3 changes to their entry included in their subscription price in any 12-month contact period. Any further alterations requested may result in administration charges.
Acceptance of any Display Request is entirely at the discretion of Skin on Point and Skin on Point reserve the right to remove or alter, either by content or status at any time the Display. Such action will be because of a breach of contract, working outside any legislation or guidelines that are the subject of membership of the Nation Association of Aesthetic Practitioners. No refund will be given for such breaches
Skin on Point may at any time make changes to the Display (including the position on pages of the Site) providing such changes are not cause material detriment.
Clients are entitled to post a review in relation to an Aesthetic Procedure. We do not monitor or review any reviews. If you wish to object to a review, please contact us and we shall investigate accordingly
The Fee is exclusive of VAT and will be reviewed at any annual renewal and shall be paid by due date shown on invoice. Skin on Point may process the Fee (payment) for entry on the Site but acceptance shall not take place until receipt of Skin on Point Acceptance and if that acceptance does not take place the Fee will be not be refunded. Entry may be subject to the full disclosure of any documents requested to support and verifying the businesses Legal status to practice. Such documents could include certificates for qualifications and insurance (if requested). Skin on Point reserve the right to reject any claimed qualification if it is does to meet our membership qualifying criteria.
If no response to a renewal application isn’t responded to, made 28 days before the annual/biennial review, then the Display will be re invoiced for the following 12 months. Reminders will be issued by Skin on Point. Any loyalty discount for continuous advertising will be lost if a contract is cancelled. If entering a rolling contract, the cancelation of the contract must be received at Least 28 days prior to the contract renewal date, usually 12 months from the existing contact.
The Member/Subscriber confirms and grants all necessary rights for the use of any data or information detailed in the Display Request and to maintain any hyperlink. Skin on Point also grants a non-exclusive, royalty free right and licence for the Member/Subscriber to hyperlink to the Site. Such rights shall terminate following termination of this agreement. The Subscriber also grants to Skin on Point free use and access to all demographic and other information obtained by Skin on Point due to its use and operation of the Site. Such information shall not relate to personal data within the meaning of the Data Protection Act 1998 and related legislation.
Each Member/Subscriber and any material which is posted onto the Website including links to other websites and the contents of those websites (“Material”) must comply with (and the subscriber shall be solely responsible for) the following basic standards:
All information and activities must be legal, decent and honest (in terms of English law and standards);
– European and English Data protection legislation must be adhered to including the improper collection and disclosure of personal information;
– Distance selling requirements must be complied with as laid down by European and English law;
– Compliance with applicable European and English trading standards and laws and regulations as the same are created from time to time.
– Compliance with Copyright and other intellectual property rights (including appropriate consents for patient photographs or any other images).
– Each Subscriber is solely responsible for maintaining the confidentiality of its unique logon ID, and for its use and misuse.
Each Subscriber agrees to indemnify and keep indemnified Skin on Point, their successors and assigns, and it’s directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any material contained in the Display Request and/or posted on the Website.
– Save in the case of death or personal injury due to the negligence of Skin on Point, in no event will Skin on Point be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Member/Subscriber access to, or use of the Directory, any material thereon or any goods, materials or services available there from, or for the Display or lack of Display, whether based in contract, tort and whether negligent or otherwise, even if any Website Owner has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, Skin on Point aggregate total liability to any Subscriber for all such damages and losses shall be limited to the current Fee paid by the Member/Subscriber.
– The Terms shall be governed by English Law and subject to the jurisdiction of the English Courts.
Skin on Point does not take any responsibility for misinformation on the site provided by the member/subscriber. Skin on Point does not accept any responsibility to check registration, especially medical. All insurance documents for practice must be forwarded to Skin on Point.
Similarly, where locally applicable registerable services are performed by the Member/Subscriber, in England or devolved nations within the United Kingdom (Wales, Scotland or Northern Ireland), Skin on Point will no perform checks on certification and registration.
It is the responsibility of the Member/Subscriber to ensure that such registrations are maintained and renewed upon expiry, and to notify Skin on Point if there is any lapse or suspension for any reason. If Skin on Point are informed of an individual being suspended or struck off a medical regulator’s accredited register or other relevant authority or organisation, Skin on Point reserves the right to withdraw the Members/Subscriber’s Display. The same will be true if we are informed of exclusion or expulsion from a statutory regulator’s register. It is the responsibility of any Member/Subscriber to ensure that all employees of their business carrying out Aesthetic procedures are registered with Skin on Point to ensure the integrity of the Skin on Point site and the National Association of Aesthetic Practitioners.
Similarly, responsibility for operating a clinic business and providing treatments in suitable facilities lies with the Member/Subscriber. Skin on Point reserves the right to reject registration from any Member/Subscriber known to be delivering cosmetic interventions in unsuitable locations or premises, where best practice and patient safety is compromised All treatment should be carried out in Clinical Environments and subject to inspection by Environmental Health (Legislation Pending). Skin on Point reserve the right to remove or alter any Display where a breach has been identified, no financial compensation or refund will be paid.
For those Subscribers offering non-surgical cosmetic interventions such as prescription only medicines (POMs) and non-prescription (medical device) cosmetic injectables’, including botulinum toxins and dermal fillers, Skin on Point reserve the right to only permit Subscribers to our directory who can demonstrate operation of a medically-led business model where an independent prescriber and clinical oversight for treatment delivery is in place, (according to the HEE, those health professionals who are eligible to provide clinical oversight for botulinum toxin and dermal filler administration include, doctors, dentists, independent nurse prescribers/practitioner and independent pharmacist prescribers). If requested information confirming a prescription service with qualified prescriber must be provided. Skin on Point is not responsible and will not be liable in any way for any outcome of any treatments performed by any Practitioner registered on their site.
All Members/Subscribers will be considered for Membership subject to their qualification being adequate in Law, and subject to insurance. Members may be removed from the directory should legislation change during their paid term of membership. Such legislation change is outside of the control of Skin on Point and no refund will be given.
We control personal data provided to us for the purposes of applicable data protection legislation.
- By personal data we mean identifiable information about you. Examples would be your name, email address, age, gender, mobile and/or home telephone number and your IP address.
3.We do not knowingly collect personal data about any individual under the age of 1
From time to time you may provide to us with your personal data. This may be because you have:
- used our website/app or any associated mobile application
- create an account with us on our website/app or any associated mobile application or devise
- book an appointment with a one of our subscribers
- provide feedback or reviews for a subscriber
- offer your services as a business to the public
- provide services to us or our subscribers
- contact us including with enquiries, or any other reason
You may provide personal data to us directly, or through our social media platforms.
All personal data that you provide to us must be truthful to the best of your ability. If you provide us with any inaccurate or false misleading data, and we suspect or identify fraud, we may share this information with the appropriate authority. An example would be if a business/advertiser claimed to be a Doctor and we become aware that you might not be we would want to make the GMC aware of our concerns.
If requested, you will provide evidence of your identity.
If you contact us in any way, email, post, or telephone calls we reserve the right to keep a record of any correspondence or telephone call we have with you.
We automatically collect and store information about your device and your activities when you use our website. This information may include:
- technical information about your device such as type of device, web browser or operating system
- your settings and/or preferences i.e. time zone, language.
- your browsing preferences on our site.
Cookies may be used to collect this information is collected and similar tracking technologies may also be used.
We may receive personal data about you and from other users of our website/app and services you choose if they provide it to us for any reason. An example would be at the submission of a review for a business.
If we reasonably believe that any of the personal data you have provided to us is inaccurate, we may receive further personal data from third parties, confirming or otherwise, your identity.
Skin on Point Ltd would only use your data for lawful purposes.
We may a use your personal data to improve our website/app and services we wish to offer you
We may share your personal data with our service providers that may legally and legitimately require access to such data for business functioning services, accountancy, compliance and auditing and our legal representatives.
We would only provide such data as would be required to provide essential services and any such data accessed will be deleted to preserve tour anonymity and privacy from within their systems.
Your personal data may be stored or transferred outside of the United Kingdom and the European Economic Area or USA. All data is securely held with registered and appropriate storage facilities covered by (where applicable) UK legislation or by entering into the European Commission’s Standard Contractual Clauses, or by ensuring the entity is Privacy Shield certified (for transfers to US-based third parties). We take your data protection very seriously and endeavoured to preserve such data securely
Your/any data will be processed in a method to ensures proper and appropriate processing to protect your personal data and security to include personal protection against unauthorised or unlawful processing. We will protect to the best of our ability accidental loss, destruction, or damage. Access will be restricted to employees on a need to know basis to access your personal data. Appropriate password protection and the encryption for protection for electronic measures within our electronic data management systems.
In the event of a security breach or cybercrime we will do all that we can as soon as we can to stop the breach and minimise the loss of any data. It is an unfortunate fact that occasionally electronic storage can/has been breached. We cannot promise that your personal data or any other data you provide to us will always remain secure.
Data protection and your rights. You have the right to obtain from us of a copy of any personal data that we hold for you. You can request that we correct any errors in the personal data that we hold about you or your business. You also have the right at any time to require that we delete the personal data that we hold for you, where it is no longer necessary for us to hold.
We reserve the right to charge an administrative fee if your request in relation to your rights.