Customer Terms & Conditions

Glowery Ltd trading as Glowday: Client Terms of Use

Version 5.0

1.Introduction

The Glowday website (the Site) is owned and operated Glowery Limited a company registered in England and Wales with company number 11348086 and with its registered office at Runway East, 101 Victoria Street, Bristol, BS1 6PU(Glowday, we, us).

By using the Site as an individual browsing, or otherwise engaging with the Site, you agree to be bound by these client terms of use (the Client Terms) together with the privacy and cookie policy accessible in the Site (respectively the Privacy Policy and the Cookie Policy). These Client Terms, the Privacy Policy and the Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Client Terms and/or the Privacy Policy and the Cookie Policy, do not use the Site. If you have any questions, you can contact us by email at support@glowday.com.

We reserve the right to amend these Client Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Client Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the amendment is significant, we shall notify all registered users by email. Otherwise, the amended Client Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Client Terms so that you are aware of any amendments.

The Site operates as a platform for clinics (Clinics) who provide procedures that focus on improving cosmetic appearance (Aesthetic Procedure) to promote their Aesthetic Procedures, and for Clients to connect, book and pay for Aesthetic Procedures.Glowery does not provide Aesthetic Procedures itself or procure that the Clinic will provide any Aesthetic Procedure.

2.Registering on the Site and Use of the Site

To register on the Site, you must be at least 18 years old and legally capable of entering into a contract.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 Glowday account. Please take precautions to protect your password and contact us immediately by email at at support@glowday.comif you believe there has been any unauthorised use of your Glowery account.

3.Payment and Cancellation

You shall authorise full payment for the Aesthetic Procedure upon making a booking, though funds will not leave your account until after the Aesthetic Procedure has taken place. Payment is made through our payment service provider, Stripe. By booking an Aesthetic Procedure, you authorise Stripe and Glowday to process payment of the fee together with any payment processing charge imposed by Stripe. Glowday accepts payment as an agent of the Clinic. Your booking will be confirmed by us by email when we are authorised to take payment in full.

Please take care when booking an Aesthetic Procedure and carefully check the location, time and date to make sure that information is correct. You should also take the time to read a Clinic’s Cancellation and No Show Policy.

If a Clinic is for any reason unable to provide the Aesthetic Procedure, the Clinic should notify you before cancelling, either by the email address or telephone number associated with your account.

You may cancel or re-schedule an Aesthetic Procedure at any time, but be mindful of the Cancellation and No Show Policy of the Clinic which can be enforced.

4.Reviews

You may post a review in relation to an Aesthetic Procedure. You warrant and represent that all reviews you post shall:

(a)be honest and based on a true account of your experience of the AestheticProcedure;

(b) not include any personal data of the Clinic 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 Glowery Ltd.

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 above.

5.Suitability of Clinics and Clients

You acknowledge and agree that the Site is provided for information purposes only. It is your responsibility to ensure the Clinic and AestheticProcedure are appropriate for your requirements. Glowday is not responsible for the acts of omissions of a Clinic.

You agree that on booking the Aesthetic Procedure you are entering into a contract with the Clinic, and not with Glowday, for the provision of the Aesthetic Procedure.

We do not recommend or endorse any Clinic, the suitability or need for an Aesthetic Procedure and/or the quality of the Aesthetic Procedure.

If you have any complaint with the Aesthetic Procedure, you can of course provide a review on the Site, but you should also contact the Clinic. You may also contact your local Trading Standard Office and/or Citizen’s Advice Bureau.

6.Site Availability

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. We are also not liable for any interruptions in the use of our payment provider.

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.

The copyright in all content on the site is owned by or licensed to Glowday. All rights are reserved. You can view, print or download extracts of the Site Content for your own use.

 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.

 When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to:

(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) 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.

7. Termination of your Glowday account

 We reserve the right to suspend or terminate the account of a Clinic or a Client at any time and without liability for any reason including:

(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 Client 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.

Following termination by us of your Glowday account, you must cease to use the Site and you must not re-register on the Site under any other name.

 You may delete your Glowday account through the Site.

8. Online Skin Consultations
There is no guarantee that the recommendations and regime you receive will provide 100% satisfaction. Skin conditions can be complex and could require ongoing treatment. All recommendations are based on the information provided to us during the online skin consultation and the regime recommendation provided is based on the most suitable products available at the time. We encourage patch testing ahead of using any new products being adopted to establish if an allergic reaction is likely.

9.General

We shall be liable to you only if we have acted negligently or in breach of a contractual obligation to you, and we shall then be liable only for any loss or damage you suffer as a result if that loss and/or damage is foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time you registered on the Site.

These Client Terms and the Privacy Policy and Cookie Policy (each as amended from time to time) constitute the entire agreement relating to your use of the Site.

If any provision of these Client 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. Our failure to exercise or enforce any right or provision of these Client Terms shall not constitute a waiver of such right or provision. We may assign or otherwise transfer our rights and obligations under these Client Terms to any third party.

If you are a consumer and you have any complaint or wish to raise a dispute under these Client Terms or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr. These Client 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: November 2020