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Clinic Terms & Conditions

Glowery Ltd (Trading as Glowday) Clinic Terms of Use

Version 8.0 – June 2020

1. Introduction

1.1 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 101 Victoria St, Redcliffe, Bristol BS1 6PU (Glowday, we, us).

1.2 By using the Site as a Clinic or applying to register on the Site as a Clinic, you agree to be bound by these terms of use (the Clinic Terms) together with the privacy policy and cookie policy accessible in the Site (respectively the Privacy Policy and the Cookie Policy). These Clinic 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 Clinic Terms, the Privacy Policy and/or the Cookie Policy, do not use the Site. If you have any questions, you can contact us by email at support@glowday.com.

1.3 We reserve the right to amend these Clinic Terms, including the calculation of the Commission, 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 Clinic 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 Clinic Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Clinic Terms so that you are aware of any amendments.

1.4 The Site operates as a platform for Clinics to promote their Aesthetic Procedures and enable Clients to book and pay for Aesthetic Procedures.

2. Definitions

2.1 In these Clinic 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 Glowday in consideration of the provision of the platform services currently calculated as 30% of the fees for the first new customer Aesthetic Procedure and 2% for repeat customer Aesthetic Procedures. No commission for appointments added to the Glowday diary from walk-in, telephone or DM bookings.

Client: an individual who registers on the Site and/or books an Aesthetic Procedure through the Site;

Clinic, you any organisation that is accepted on to the Site to offer Aesthetic Procedures to Clients;

Clinic Profile: all information uploaded by a Clinic to the Site and/or available for a Client to view on the Site, including images, price lists, terms and conditions, privacy policy, other text, logos and advertising materials;

Data Protection Legislation: the General Data Protection Regulations 2016, the Data Protection Act 2018 and any other legislation or regulations that relate to the processing of Personal Data;

Fees: the fees due from a Client for an Aesthetic Procedure;

Personal Data: shall have the meaning given to it in the Data Protection Legislation;

Site: the Glowday website; and

Site Content: all materials on the Site, including all information, data, text, images, recordings and software excluding any content posted by a Clinic and/or a Client.

Stripe: all customer payments are processed by Stripe.

2.2 In these Clinic 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. Registration

3.1 If you wish to apply to register as a Clinic on the Site, you must:

(a) provide to us all professional personal identification numbers for any individual at the Clinic that may carry out AestheticProcedures;

(b) have the authority to bind any organisation that you purport to represent to these Clinic Terms;

(b) be based in the UK;

(c) have appropriate experience and certification in respect of the AestheticProcedures you wish to offer through the Site; and

(d) have in place and maintain all consents, permissions and insurances required in order to provide the AestheticProcedures you wish to offer through the Site.

(e) have legal ownership of the clinic or have the express permission of a person in a position of managerial responsibility or business ownership.

At our request, you shall provide evidence of your compliance with this Condition 3.1. 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 3.1, and you agree that we shall be entitled immediately to remove you from the Site in such circumstances.

3.2 Clinics are encouraged to create a profile on the Site including photographs of their Aesthetic Procedures. However, Clinics 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 Clinic does not offer on the Site; and/or

(c) work that the Clinic has not itself carried out.

3.3 In addition to the requirements of Condition 3.2 above, Clinics warrant and represent that the content in the Clinic Profile 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 Glowery Ltd.

3.4 Clinics must upload to the Clinic Profile a copy of their treatment menu and Fees for a Client to review before booking an Aesthetic Procedure.Clinic admins have the ability to invite practitioners who are practicing at their Clinic to also create a Practitioner Profile.

3.5 We may remove any content form a Clinic Profile or Practitioner Profile at any time and without notice if we reasonably believe that such content infringes any of the provisions of these Clinic Terms. We will verify a practitioner’s membership of either the NMC, GMC or GDC ahead of publishing to Glowday and every seven days thereafter, to ensure all practitioners on Glowday are appropriately qualified and fit to practice.

3.6 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 support@glowday.comif you believe there has been any unauthorised use of your Glowday account.

3.7 The Clinic must also keep its schedule of availability for AestheticProcedures up-to-date within the Site.The Clinic agrees that the Clients rely on the accuracy of a Clinic’s schedule, and if the schedule is frequently found to be out of date and the Clinic cancels Aesthetic Procedures, this shall be considered a material breach of these Clinic Terms.

4. Fees, Commission and Payment

4.1 Clients shall authorise the Fee for each AestheticProcedure when the AestheticProcedure is booked and we will take payment upon the AestheticProcedure being conducted. Payment is made through our payment service provider, Stripe.Clinics acknowledge that Glowday acts as a Clinic’s agent to receive the Fee for an AestheticProcedure booked through the Site.

4.2 Clinic fees will be deposited into the Clinic’s Stripe account once a treatment has taken place and can draw down payment from this account, minus the commission element into their business bank account.We shall notify the Clinic by email of any changes to the calculation of the Commission from time to time.

4.3 If the Client books an AestheticProcedure on the Site, the Clinicshall not attempt to circumvent payment of the Fee and Commission to Glowday.In particular, the Clinic shall not:

(a) encourage the Client to cancel the AestheticProcedure and re-book directly with the Clinic; and/or

(b) request direct payment for the AestheticProcedure from the Client.

(c) conduct a consultation, which converts into an Aesthetic Procedure but payment is then taken direct and not through Glowday.

A breach of this Condition 4.3 shall constitute a material breach of these Terms, and Glowday shall be entitled to suspend or terminate a Clinic’s account and claim Commission for any Aesthetic Procedures carried out in any event together with damages in respect of any loss suffered as a result. Glowday shall on reasonable notice to the Clinic be entitled to audit all payment records relating to a Client and the Clinic to ensure compliance with this Condition 4.3 and payment of all Commissions due. If following the audit, there is found to be a breach of this Condition 4.3, the Clinic shall promptly pay to Glowday all sums due, together with the costs of the audit and enforcement of this Condition 4.3.

4.4 The Clinic agrees that it is not an employee of Glowday. The Clinic is responsible for making appropriate tax due in respect of the Fee, and the Clinic shall indemnify Glowday (on a full indemnity basis) in respect of any claims or demands which may be made by the relevant authorities against Glowday in respect of the payment of any such taxes, including any interest or penalties and any costs or expenses we incur in relation to the claim.

4.5 The Clinic may convert a Consultation only booking to a Aesthetic Procedure during the Consultation.

4.6 If a Consultation converts into an Aesthetic Procedure, then the regular commission of 30% for a first customer Aesthetic Procedure and 2% for a repeat Aesthetic Procedure will apply. No commission for walk-in, telephone or DM appointments added to the Glowday diary.

4.7 Clinics and practitioners must provide price parity between a direct clinic booking and a booking made through Glowday. Clients booking through Glowday must not be placed at a pricing disadvantage or receive worse terms than those who book direct.

5. Provision of Aesthetic Procedures

5.1 You are entirely responsible for providing the Aesthetic Procedures to Clients, but you agree to do so with reasonable skill and care and to the best of your ability. You agree that before administering an Aesthetic Procedure, you will carry out a thorough consultation and informed consent. You will explain to a Client all of the risks and possible side effects and outcomes associated with the Aesthetic Procedure. You will not represent any outcome in respect of an Aesthetic Procedure that is false. You shall also promptly deal with any after sales enquiries or complaints received from Clients.

5.2 The Clinic is responsible for the Aesthetic Procedures provided to Clients and the contract for those Aesthetic Procedures is between the Clinic and the Client. We are in no way liable to Clients for the Aesthetic Procedures they receive from you.

5.4 Clinics shall only process Client Personal Data in accordance with the Data Protection Legislation. In particular, Clinics shall take appropriate security measures (including physical, electronic and procedural measures) to help safeguard such personal data from unauthorized access, loss and disclosure.

5.5 Consistent with the highest professional standards, a practitioner may decide not to treat a patient, and in these circumstances, should make a note in the treatment card within the diary and cancel the treatment.

6. Promotion of Clinics

Clinics agree that Glowday shall be entitled to reproduce and use the content in a Clinic Profile within publicity for the Site and for the Glowday business.

7. Cancellation

7.1 If a Clinic is for any reason unable to provide the Aesthetic Procedure, the Clinic shall immediately notify the Client and shall attempt to reschedule.

7.2 A Client is entitled to re-schedule or cancel an Aesthetic Procedure. A Client will have been made aware at point of booking the Aesthetic Procedure the Cancellation and No Show Policy of The Clinic. A Clinic can choose to waiver or enforce their Cancellation and No Show Policy. Any fees arising from a Cancellation will be treated in accordance with the existing commission arrangement with Glowday.

8. Reviews

8.1 Clients are entitled to post a review in relation to an Aesthetic Procedure.

8.2 We do not monitor or review any reviews. If you wish to object to a review, please contact us and we shall investigate accordingly.

9. Site Availability

9.1 We will use reasonable endeavours to maintain and make available 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.

9.2 For the avoidance of doubt, we shall also not be liable for failure to access the Site for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.

9.3 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) 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.

9.4 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 content of the Site 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 content of the Site without our permission.

10. Disclaimer – Your attention is particularly drawn to these provisions

10.1 You agree that Glowday has no responsibility and/or liability for any errors or omissions in any content provided by a Client. We accept no obligation to verify or review such content. Furthermore, we do not warrant that a Clinic shall be engaged by any Client or other Clinic. We do not provide any warranties in respect of the Site, in particular, we do not warrant that the Site is fit for a Clinic’s particular purposes. If you are not happy with the Site, your sole remedy is to terminate your Glowday account.

10.2 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, including schedules of availability and booking details;

(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).

10.3 Our maximum liability to you under these Clinic Terms shall be limited to the Commission retained that relates to the booking that is the subject of the claim. If there is no booking that is the subject of the claim, our maximum liability to you under these Clinic Terms shall be limited to the Commission retained in the previous 6 months.

10.4 Nothing in these Clinic 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.

11. Indemnity

The Clinic shall indemnify and keep indemnify and held harmless Glowday from and against any costs, claims, losses, damages, expenses and liabilities that Glowday may suffer or incur arising as a result of:

11.1 any claim or allegation in relation to any content you have uploaded to the Site including in the Clinic Profile; and/or

11.2 any claim or allegation from a Client, other Clinic, medical authority or other third party relating to the acts or omission of the Clinic including in relation to the provision of Aesthetic Procedures.

12. Termination or Suspension

12.1 We reserve the right to suspend or terminate the account of a Clinic 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 Clinic 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.

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

12.3 You may contact us at any time to terminate your Glowday account within the Site on at least 30 days’ notice.

12.4 Notwithstanding any other provisions of these Clinic Terms, the Commission shall remain due for any booking made through the Site before the date of termination.

13. General

13.1 These Clinic 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.

13.2 If any provision of these Clinic 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.

13.3 Our failure to exercise or enforce any right or provision of these Clinic Terms shall not constitute a waiver of such right or provision.

13.4 We may assign or otherwise transfer our rights and obligations under these Clinic Terms to third parties.

13.5 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.

14. Governing Law and Jurisdiction

14.1 These Clinic 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.

15 Stripe Payments

15.1 All clinics must accept the Stripe terms and conditions and open a Stripe account in order to process client bookings.

15.2 The name Stripe may appear as the booking reference on client statements, rather than the name of your Clinic.

15.3 Stripe will charge Clinics a 1.4% transaction fee on all payments from European cards, plus a 20p transaction fee.

15.4 Stripe will automatically take the Glowday commission from your account.

Last updated: June 2020