THESE TERMS AND CONDITIONS APPLY TO BUSINESS CUSTOMERS OF DR TIM LIMITED ONLY
1 GENERAL INFORMATION
1.1 These Terms and Conditions (“Ts&Cs”) govern our supply and your use of our Services, Goods and/or our Products, as defined below, and that are made available to our customers via the Dr Tim Limited website currently found at www.drtimpearce.com (“our website”), our online platform and any of our smartphone apps for iOS and android devices (the “App”) (our website, our site and the App being collectively referred to as “our Platform”).
1.2 Please read the following important Ts&Cs before you purchase anything from us as these are the terms on which we will supply you with our Services, Goods and/or our Products.
1.3 If you do not accept these Ts&Cs, you will not be allowed to access the Services, and we will not supply the Goods and/or Products and you may not engage with us.
1.4 You should also read these Ts&Cs in conjunction with our Privacy Policy which forms part of the Terms.
1.5 You can find more information about Dr Tim Ltd and the services, goods and products we offer on our website.
1.6 Any words following the terms “including”, “include”, “in particular”, “for example” or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2 DEFINITIONS AND INTERPRETATION
2.1 “We”, “us” or “our” means Dr Tim Limited and any of our group entities (referred to on our website and in our materials as Dr Tim Pearce and/or the Company);
2.2 “You”’ or ‘”your”’ or “customers” or “service users” means the person buying Services and/or Goods and/or Products from us for use in a business capacity only;
2.3 “Services” any services accessed via our Platform, or via your account including any on-line training courses, e-learning provision, or a subscription based support group, or events (including in-person events) that we may supply from time to time;
2.4 “Goods” includes training booklets, kits, posters and anything else advertised by us from time to time which does not fall within the definition of Products as set out below; and
2.5 “Products” includes any substance or mixture intended to be applied to external parts of the body (like skin, hair, nails, lips) or injected into external parts of the body (like skin, hair, nails, lips), or other health and wellness supplements taken internally for the purpose of cleansing, perfuming, changing appearance, protecting, or keeping skin, hair, nails or lips in good condition.
2.6 “Contract” is defined in clause 4.3 below.
3 INFORMATION ABOUT US
3.1 We are Dr Tim Limited, a company registered in England and Wales under company number: 12937062. Our registered office is at: 4th Floor 205 Regent Street, London, England, W1B 3HH. Our VAT number is: 361550120.
3.2 You can contact us by post using our registered office address and / or via email at support@drtimpearce.com
4 ACCESS TO OUR SERVICES, GOODS and PRODUCTS
4.1 Where you buy our Services, Goods, Products or otherwise engage with us, you agree to be legally bound by:
4.1.1 these Ts&Cs;
4.1.2 any extra terms which we may notify to you and which may add to or replace any of the terms in these Ts&Cs; and
4.1.3 any specific terms which apply to certain Services, Goods, and/or Products and which we will specify in writing to you before you finalise your order or which will be visible on our website.
4.2 Where further terms are to be incorporated into any contract we have with you, we will contact you in writing to let you know the details of such further terms when you register for those Services, or order Goods and/or Products. If you do not wish to accept the amended or additional terms you should not proceed with the order.
4.3 All of the documents which are referenced in these Ts&Cs will form part of this contract and will be referred to in this agreement as “the Contract”.
5 SERVICES, GOODS and PRODUCTS
5.1 Unless otherwise stated in writing, any quotation given by us before you make an order for Services, Goods and / or Products is not a binding offer by us to supply such Services, Goods and/or Products.
5.2 We shall make all reasonable efforts to ensure that descriptions of the Services, Goods and Products available from us are as stated on our website, or are otherwise agreed in writing with you, however we reserve the right to modify the description, specifications, or features of the Services, Goods and/or Products where necessary due to regulatory requirements, improvements, or availability of materials. Any such changes will not materially affect the quality or functionality of the Services, Goods and/or Products. We will notify where there are significant modifications as soon as possible.
5.3 We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons (but this list is not exhaustive):
5.3.1 we cannot carry out the Services (this may be because, for example, we have a serious IT failure, or a venue or speaker is no longer available etc) or supply the Goods and/or Products;
5.3.2 we cannot authorise your payment;
5.3.3 you do not meet the eligibility criteria set out in Your Obligations (clause 9); or
5.3.4 there has been a mistake on the pricing or description of the Services, Goods or Products.
5.4 Your order for Services, Goods and / or Products will only be deemed accepted when we confirm acceptance of the order via email and we have received the relevant payment from you in accordance with these Ts&Cs or as otherwise agreed with you in writing. The price for the Services, Goods and/or Products shall be as set out on our website or as advised by us in writing (“Price”).
5.5 We reserve the right to modify, discontinue, or alter any Services, Goods, or Products without prior notice. We shall not be liable for any direct, indirect, or consequential loss arising from such changes, provided that any modifications do not materially affect the agreed functionality or purpose of the Services, Goods, or Products.
5.6 We reserve the right to cancel or change planned dates and/or locations (for events) and course content for online learning and membership content. We will endeavour to provide at least 24 hours notification in advance of any such changes where this is possible, and a full refund will be given in the event of cancellation or should you be unable to attend due to any changes we make.
5.7 Due to the nature of the on-line services, we operate a fair usage policy. If we deem your usage to be excessive and unfair such that it affects overall service provision of the subscription and/or other service users, we reserve the right to suspend your membership and/or subscription. In extreme cases we reserve the right to cancel your membership and/or subscription in its entirety.
5.8 We reserve the right to decline orders for Services, Goods and/or Products at our discretion, particularly where your behaviour or circumstances may compromise the safety, comfort, or wellbeing of our staff or other customers. This includes but is not limited to the following:
5.8.1 where a product (whether Goods or Products) is unexpectedly out of stock;
5.8.2 where a credit reference is unsatisfactory;
5.8.3 where we are unable to verify your age (where the Product or Service is age-restricted);
5.8.4 where you are located outside our delivery areas, as stated on our website and in our marketing; or
5.8.5 where the Products or Goods or Service was mispriced by us (please note that when this happens, we will let you know as soon as possible and refund any sums you have paid).
5.9 Irrespective of circumstances, we accept no liability for any loss of earnings or expenses incurred by you or any individual who has given informed consent to be recorded, photographed, or otherwise documented during medical procedures for the purpose of education, training, research, or publication including podcasts and online or in person events.
6 PURCHASING ONLINE TRAINING COURSES or EVENTS
6.1 We operate our Platform from which we offer a range of courses which includes aesthetic and wellness courses for medical professionals via eLearning courses. We also offer online learning packages and online events via our website and/or via your account, as well as offering live events. We also make available free online resources for aesthetic practitioners via our website.
6.2 We reserve the right to refuse the provision of training where you do not meet the eligibility criteria which is set out on our website from time to time. It is your responsibility to ensure that you meet the minimum qualifications or other obligations before signing up to any on-line training course or event.
6.3 You agree and acknowledge that we may decline your admission to our course or event if you do not meet the relevant criteria or for any other reason.
7 ONLINE EVENTS and EVENTS
7.1 When you sign up to attend an online event or an in-person event you agree to abide by these Ts&Cs and your attention is drawn to your obligations in clause 10.
7.2 The training provided during any online or in-person event is for informational purposes only and does not constitute professional advice. We make no guarantees regarding the accuracy, completeness, or applicability of the content. You are responsible for how you apply the information, and we shall not be liable for any direct or indirect consequences arising from its use.
7.3 You acknowledge that where we use any training materials, the copyright in such materials is owned by us or by the presenting third parties, and you may not reproduce such materials without express permission.
7.4 We are not responsible or liable for any technical failure or access issues beyond our control during training or events.
7.5 We reserve the right to cancel and/or reschedule any online or in-person event.
8 CHARGES AND PAYMENT FOR SERVICES
8.1 We accept payment by all major credit and debit cards and by Stripe, via our website. We do NOT accept payment by bank transfer or by cash.
8.2 For some Services, Goods and / or Products we take payment at regular intervals, as explained to you during the order process. Where you are buying Goods from us you will own these once we have received payment in full.
8.3 Payment terms are as follows (unless separately agreed in writing with us):
8.3.1 Payment for all online courses and events must be received in full and no access to any training course is given until payment is received.
8.3.2 In certain circumstances, we may use our discretion to allow payment to be made by instalments. (See Instalment plan details below at clause 8.4 below). A deposit payment would be required immediately upon acceptance of the proposed instalment scheme. An order confirmation will be sent to you by email within two working days of the deposit payment being received. We reserve the right to refuse to accept payment via the instalment scheme as our standard policy is payment in full for the services in advance.
8.3.3 Payment for events must be made in full at least three weeks before an event. An order confirmation will be sent to you by email within 2 working days of payment being received in full. It is your responsibility to ensure that the balance is paid in full by this date. Failure to do so may result in us cancelling your place at the event and any payment already made may be forfeited.
8.3.4 The Price of the Services, Goods and Products is in pounds sterling (GBP) and includes VAT (or equivalent sales tax) at the applicable rate.
8.4 Instalment plans. Payment under our instalment scheme must be made in line with the agreed instalment plan. Monies that remain outstanding on the due date will incur a late payment administration charge per calendar month (or part of a month) until such time as the balance is paid in full.
8.4.1 In the event that an instalment payment is not made in line with the agreed instalment plan, the entire balance of the debt owed to us becomes due for immediate payment.
8.4.2 We reserve the right to seek recovery of any monies remaining unpaid after the due date. In such circumstances you shall be liable for any and all additional administrative and legal costs (such as court fees). Interest will be charged at 5% above Bank of England base rate.
8.4.3 The discretionary instalment plan terms of repayment are discretionary and will be agreed separately between us and you in writing. The terms of repayment are usually based on an initial deposit, followed by repayments across an agreed period.
8.5 SUBSCRIPTIONS
8.6 We offer a number of pay monthly membership and subscription services. A membership provides access to content, features, on demand courses, and benefits. Our subscription is a recurring monthly subscription, and payments will be processed on the same date each month, corresponding to the date of your initial purchase.
8.6.1 If you purchase a subscription in relation to certain Services, Goods and/or Products, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you pause or cancel your subscription before the end of the then-current subscription period by contacting our support team at support@drtimpearce.com prior to the next payment date. Please ensure your payment details are up to date to avoid any interruptions in your membership.
8.6.2 The price for your subscription may change from time to time and, in such circumstances, we will use reasonable endeavours to communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Services or by accepting the Goods and/or Products after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by contacting us or unsubscribing prior to the price change taking effect.
9 YOUR OBLIGATIONS
9.1 You will:
9.1.1 comply with these Ts&Cs and if you are making a purchase on behalf of another person you will be responsible for their compliance;
9.1.2 provide your full and accurate contact details (or if you are making a purchase for another person, the correct details of the person for whom you are purchasing the Services, Goods, Products);
9.1.3 confirm that you (or any other person for whom you are making a purchase) is a medically qualified professional and you shall supply us with their registration pin number or equivalent information for your jurisdiction;
9.1.4 meet (or you confirm that the person for whom you are making the purchase, meets) the minimum criteria as set out on our website for the relevant Services, Goods and/or Products;
9.1.5 comply or procure that the end user/recipient complies with any reasonable request from us during their treatment or during a course or event;
9.1.6 comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to you and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform your obligations under or in connection with the Contract;
9.1.7 retain copies of any literature issued in relation to the provision of our Services, Goods and/or Products;
9.1.8 not copy any of the course materials; and
9.1.9 comply with the following requirements in relation to your accounts and passwords for online and e-learning: these details are personal to you and are registered with us. Your right of access is permitted for as long as we choose to allow such access. Personal accounts may not be shared, and you are responsible for preventing unauthorised access to your account. You accept responsibility for all activities that occur on your account or using your password on either the Dr Tim Limited learning management system or our website.
9.2 Minimum Criteria. We reserve the right to refuse to provide the Services where you, or the person for whom you have made a purchase, do not meet the following minimum criteria:
9.2.1 a pass grade in your professional registration or qualification check;
9.2.2 a current registration with your professional body which carries an active pin number (e.g. in the United Kingdom, the General Medical Council or Nursing & Midwifery Council);
9.2.3 membership of a regulatory body with no restrictions to practice or pending investigations or suspensions from practice;
9.2.4 you work in a clinical role where the gathering of patient information, prioritisation of that information and associated risks, and recommendation of a treatment plan are a substantive part of your day-to-day responsibilities;
9.2.5 you are in possession of a health related, medically based degree (or equivalent level qualification/training);
9.2.6 you have independent prescribing rights, or you can confirm you will work with the oversight of a prescribing clinician (which specifically includes face-to-face consultations for all Prescription Only Medication (“POMs”) and availability for emergency advice at all times);
9.2.7 you are proficient in carrying out injections or cannula in your current or previous healthcare roles; and
9.2.8 you have obtained and will maintain professional indemnity insurance for aesthetic medicine and adequate public liability insurance at all times.
9.3 No refund for failure to meet the minimum criteria. It is your responsibility to ensure that you (or the person for whom you are making the purchase) meet these minimum criteria before making a purchase and if we do not supply the Services because of your failure to meet these criteria no refunds will be given.
9.4 Purchasing Services for another person. Where you are making a purchase for another person you will provide them with a copy of these Ts&Cs and a copy of our Privacy Policy.
9.5 Access and usage. The copying and/or distribution of an online training, e-learning, webinar or seminar is not permitted without the express written consent from us.
9.5.1 Provided always that payment of the course fee has been made in full you will receive an email containing your access details.
9.5.2 Payment of the course fee permits single delegate access only and the copying and/or distribution of any of our courses is not permitted without the express written consent from us.
9.6 Online live events and live events. If you submit, upload, post or transmit any information including requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our website (the “User Information”), you agree not to provide any User Information that:
9.6.1 is false, misleading, inaccurate, defamatory, abusive, libellous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, harmful, or that could encourage criminal or unethical behaviour;
9.6.2 violates or infringes the privacy, copyright, trade mark, trade dress, trade secrets, or intellectual property rights of any person or entity; or
9.6.3 contains or transmits a virus or any other harmful component.
9.6.4 You agree not to contact other users of our website through unsolicited e-mail, telephone calls, mailings, or any other method of communication.
9.6.5 You represent and warrant to us that you have the legal right and authorisation to provide all User Information to us for use, as set forth herein and required by us.
9.7 You agree not to:
9.7.1 access our website, your account or use the Services in any unlawful way or for any unlawful purpose;
9.7.2 post or transmit: (i) a message under a false name; or (ii) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is: (i) libellous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person; or (ii) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate our website or the Services, personal information, software, equipment, servers, or information or facilitate or promote hacking or similar conduct;
9.7.3 impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity;
9.7.4 tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of our website or the Services;
9.7.5 use robots or scripts with our website;
9.7.6 attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by any of our platform;
9.7.7 have any antivirus or antispyware software running that is set to override the internet browser’s cookies settings;
9.7.8 incorrectly identify the sender of any message transmitted to us;
9.7.9 alter the attribution or origin of electronic mail, messages, or posting;
9.7.10 harvest or collect personal health information about any other individual who uses our Platform or the Services, Goods and/or Products; or
9.7.11 infringe or facilitate infringement on any copyright, patent, trade mark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.
9.8 Technical requirements – to access the online Services, e-learning, webinars, or any other virtual session you must ensure that you have the following minimum requirements:
9.8.1 A reliable computer, laptop or tablet with a functioning camera and microphone;
9.8.2 A stable internet connection with a minimum speed of 10Mbps download and 5Mbps upload;
9.8.3 Access to a compatible web browser; and
9.8.4 Up to date operating system and software.
10 PERFORMING THE SERVICES AND SUPPLYING GOODS OR PRODUCTS
10.1 We will carry out the Services by the time or within the period which you and we agree. Time is not of the essence other than in relation to your payment obligations.
10.2 Our carrying out of the Services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the Services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the Services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include:
10.2.1 materials are not delivered at the time agreed with the supplier of the materials (and we cannot obtain a replacement within a reasonable time, or the price charged by a supplier is much higher than the original charge);
10.2.2 we cannot access the location at which we are intending to deliver the Services at the times we agreed with you;
10.2.3 poor weather conditions (in relation to in-person events).
10.3 If you intend to order any of Services which include on-line content, including but not limited to the e-learning courses and subscriptions, you understand and agree that these Services and the provided content are intended for the sole purpose of enhancing knowledge and raising standards of aesthetic practice. Any content and / or e-learning materials, whether taken individually or collectively, do not constitute a certification or qualification to perform medical or aesthetic procedures. This is because competence cannot be assessed without practical experience and training with a reputable training provider. Our e-learning and course content is intended to support theoretical understanding, reinforce best practices, and prepare learners for further supervised training. They are not a substitute for professional licensure, regulatory compliance, or clinical accreditation.
11 CANCELLATIONS AND AMENDMENTS BY US
11.1 We reserve the right to alter the course content and/or speaker where necessary. Should we have to cancel a course we do not accept responsibility for any travel, accommodation or other costs which may have been incurred by you or any delegate.
11.2 We reserve the right to cancel or change planned events in relation to dates and locations and course content in relation to online courses. We shall notify you at least 24 hours in advance of any such changes where this is possible and a full refund given in the event of cancellation should you be unable to attend an event due to any changes we make.
11.3 Irrespective of circumstances, we accept no liability for any loss of earnings or expenses incurred by you or any models as a result of such changes.
11.4 We do not issue refunds for cancelled events which are caused by Force Majeure Events (see further information on this in clause 26 below).
11.5 We will make all reasonable effort to replace a cancelled event by arranging an alternative date, but this cannot be guaranteed.
12 CANCELLATIONS OR AMENDMENTS BY YOU
12.1 We understand that sometimes plans change and you may need to change your arrangements. Please see below our terms for how we handle your cancellations and amendments. These rules also apply to sickness.
12.2 Should you wish to cancel your purchase, the following applies:
12.2.1 Deposits for courses and events which are in person courses or events, are non-refundable once a customer has been accepted on to a course or an event. However, a deposit can be used to book an alternative course where the cancellation is made 28 days or more before the event date.
12.2.2 All cancellations must be notified to us in writing to support@drtimpearce.com .
12.3 If a registered delegate is unable to attend an in person course or event, a substitute delegate may attend in their place at no additional cost, provided that we are notified in writing a least 48 hours before the event and if:
12.3.1 you include the contact details of the substitute;
12.3.2 the substitute accepts to be bound by these Ts&Cs; and
12.3.3 the substitute meets all entry and eligibility criteria for the relevant course, event or training.
13 REFUNDS
13.1 When you cancel your place at an in-person event, we are unable to reimburse your deposit. Where we are able to resell your place at an in-person event, we will provide a refund of the remaining amount, however we will charge you an administration fee and we will retain the deposit. Otherwise for cancellations notified to us:
13.1.1 more than 4 weeks (28 calendar days) before your event you will obtain a full refund minus your deposit;
13.1.2 between 3 and 4 weeks (21-28 calendar days) before your event date you will obtain a 70% refund on the balance of your event fee minus your deposit;
13.1.3 between 1-3 working weeks (7-21 calendar days) before your event date – there is a 30% charge plus an administration charge;
13.1.4 within 1 week (7 calendar days) of the event date there is 50% charge plus an admin fee; and
13.1.5 within 48 hours – 100% fee is payable.
13.2 When you cancel your place on an online course we may, at our discretion, offer a refund. Where you request a refund of online courses we will monitor your usage. Upon receipt of a refund request, we reserve the right to track the usage by an individual (through their username and password). No refund will be granted:
13.2.1 if we have reason to believe that an individual has viewed any of the course material that they have purchased; and or
13.2.2 you have not returned all physical Goods (e.g. training materials, handbooks, protocols, posters etc) back to us in a resalable condition.
13.3 Where you are returning Goods or Products, to obtain a refund within our 14 day money back guarantee period, you are to send back all training materials received and/or the Goods and/or Products, at your cost. PLEASE ENSURE YOU WRITE YOUR NAME AND ADDRESS ON THE BACK OF THE ENVELOPE/PACKAGE SO WE CAN IDENTIFY YOU. Upon our receipt of the materials/Goods/Products, and upon satisfaction that the returned Goods/Products are resaleable, we will initiate your refund. We recommend you use a recorded delivery method to track the items as we cannot be responsible if we do not receive the delivery and we will not be able to issue a refund should this occur. Please note that refunds take up to 14 days for the funds to show in your account due to banking timeframes.
13.4 If we do provide a refund, we will make any reimbursements using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise.
14 INSURANCE
14.1 You may choose to independently arrange insurance to provide protection against possible cancellation of events. We do not provide any cancellation insurance. We cannot recommend an insurance provider, nor can we accept any liability for any insurance policy you choose to buy.
15 RENEWALS AND CANCELLATION OF MEMBERSHIPS AND / OR SUBSCRIPTIONS
15.1 You may cancel your membership or other subscription at any time by contacting our support team at support@drtimpearce.com prior to the next payment date. Failure to cancel before the renewal date will result in the subscription continuing for the next billing cycle, and no refund will be issued for the partial periods.
15.2 Upon cancellation, you will retain access to the membership benefits until the next scheduled payment date.
15.3 If your cancellation request is received before the next payment date, and a payment is inadvertently processed after the cancellation, you will be refunded for that payment as soon as possible.
15.4 If you fail to make one or more monthly instalment which is overdue for your membership or subscription the Services will be suspended and access terminated.
15.5 Free Trial. If you enter a free trial for the membership, you will have full access to all features and bonuses during the trial period.
15.6 At the end of the free trial, your first monthly payment will be automatically processed on the date indicated when signing up.
15.7 This does not affect your right to cancel at any time, including during the trial period.
16 YOUR PRIVACY AND PERSONAL INFORMATION
16.1 Your privacy and personal information are important to us. Any personal information that you provide to us will be kept secure and treated appropriately. All personal information you provide will be collected, processed and held in line with our Privacy Policy.
16.2 Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information. Our Privacy Policy is available at
17 LINK TO OTHER SITES
17.1 Links to third party websites on our website are provided solely for your convenience. If you use these links, you leave our website. We have not reviewed these third-party websites and do not control and are not responsible for these websites, their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites that are linked to our website, you do so entirely at your own risk.
17.2 You may link to the home page of our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
17.3 You must not establish a link to our Platform, in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
17.4 You must not establish a link to our Platform from any on-line source that is not owned or directly controlled by you.
17.5 You must not frame our Platform on any other website or digital platform, nor may you create a link to any part of our Platform or website other than the home page, without our express prior written consent.
17.6 We reserve the right to withdraw linking permission without notice.
18 INDEMNIFICATION
18.1 You agree to defend, indemnify, and hold harmless us and any of our affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with:
18.1.1 your use or misuse of our Services, Goods, and/or Products, our Platform or any information posted on our website;
18.1.2 your breach of these Ts&Cs or Privacy Policy;
18.1.3 the content or subject matter of any information you provide to us; or
18.1.4 any negligent or wrongful act or omission by you in your use or misuse of our Services, Goods, and/or Products, and our platform, including without limitation, infringement of third-party intellectual property rights, privacy rights, or negligent or wrongful conduct.
19 LIMITS ON LIABILITY
IMPORTANT – YOUR ATTENTION IS DRAWN PARTICULARLY TO THIS CLAUSE AND THE LIMITS OF OUR LIABILITY WITHIN IT.
19.1 Notwithstanding any liability which cannot legally be limited, we exclude our liability, without limitation, for the following:
19.1.1 any liability for the consequences arising from the application, use, or misuse of any Services, Goods and/or Products contained on or made available by us or our Platform, including any injury or damage to any person or property as a matter of negligence, or otherwise, including your failure to comply with any warning labels attached to the Goods and Products; and
19.1.2 your acts or omissions.
19.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
19.3 We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
19.3.1 loss or damage caused by you providing inaccurate or incomplete information;
19.3.2 loss of your emotional well-being including, but not limited to, any embarrassment caused;
19.3.3 loss of income or anticipated profits;
19.3.4 loss of opportunity;
19.3.5 loss of goodwill or injury to reputation;
19.3.6 losses suffered by third parties; or
19.3.7 any indirect, consequential, special or exemplary damages arising from the use of our website or the Services, Goods or Products regardless of the form of action.
19.4 We will not be liable for any loss or damage (in contract, negligence or otherwise) where:
19.4.1 there is no breach of a legal duty of care owed to you by us;
19.4.2 the loss or damage is not a reasonably foreseeable result of any such breach; or
19.4.3 any loss or damage or increased risk of loss or damage results from a breach by you of these Ts&Cs.
19.5 Subject to clause 19.2, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of the Services, Goods and/or Products shall be limited to the total value of the Services, Goods and/or Products purchased by you from us.
19.6 We disclaim all warranties, express or implied (to the extent permitted by law) including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. We do not warrant that our website or any notifications sent by us to you will be free of viruses or other harmful components.
19.7 We do not accept any liability or responsibility for the actions or omissions of any third party.
19.8 We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity arising from your use of the Goods and/or Products in a manner inconsistent with these Terms.
20 WARRANTIES and DISCLAIMERS
20.1 We do not warrant that access to or use of our online courses and e-learning platform will be uninterrupted or error-free or that defects in our Platform will be corrected.
20.2 Our learning materials (including but not limited to; pre-course reading, e-learning materials, podcasts, videos, marketing & business materials and all information contained on or in them are provided on an “as is” basis and are intended for medical professionals. It is provided without warranty of any kind, express or implied.
20.3 You assume total responsibility and risk for your use of our online courses, e-learning platform, platform-related services, and linked websites. You are responsible for implementing procedures that are sufficient to satisfy your needs for data backup and security.
20.4 We rely on both academic and industry sources to confirm the accuracy of the information presented further to the supply of our Services and therefore we, as the publisher, and our editors and presenters, cannot guarantee its accuracy. Customers should be aware that professionals in the field may have different opinions. Because of this fact and also because of regular advances in medical research, we strongly recommend that services users independently verify facts. Ultimately it is your responsibility to make your own professional judgement.
20.5 Description or reference to a product or publication by us does not imply endorsement of that product or publication, unless it is owned by us and in which case is subject to the relevant disclaimers.
20.6 You acknowledge and understand that the use or misuse of the Services, Goods and/or Products that are obtained via our website or other platform may result in undesirable or unexpected consequences.
20.7 To the fullest extent permitted by law, Dr Tim Limited and its staff are not responsible for any losses, injury or damage caused to any person or property (including under contract, by negligence, product liability or otherwise) whether they be direct or indirect, special, incidental or consequential, resulting from the application of the information given during training or from the application of the information on our website or in our other materials.
21 INTELLECTUAL PROPERTY
21.1 We retain all right, title, and interest in and to our Platform, the Services and any information, documentation, software, or other materials on our website or platform, and any patent, copyright, trade secret, trade mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on our website or platform, which is licensed to us (in that case, the licence provider retains all right, title, and interest therein).
21.2 The information that is available via Platform and the Services is our property. The trade marks (including logos) which are displayed on our learning materials are the property of Dr Tim Ltd or its licensors. Any use of our trade marks (such as “Dr Tim”) or other trade marks displayed on our learning materials is strictly prohibited without our prior written consent.
21.3 We own or are the licensee of the copyright and other relevant intellectual property rights in all text and images relating to our Services, Goods and Products. You will not adapt, alter or create any derivative work from any of our materials (including our website) or use such material for any purpose other than your personal, non-commercial use, without our prior written consent.
21.4 None of the content on our Platform and training materials may be copied or otherwise incorporated into or saved in any other website, electronic retrieval system, publication, or any other work in any form (whether hard copy, electronic, or other). For the avoidance of doubt, the framing of this Platform or any part of it is not permitted without our prior written permission.
21.5 Any requests for permission to use our images or other use of our intellectual property not authorised by these Ts&Cs should be made to support@drtimpearce.com.
22 DISPUTES
22.1 We take pride in the quality of our service and as such will try to resolve any complaints as quickly and efficiently as possible.
22.2 Complaints about any aspect of our Services, Goods and/or Products should be made as soon as possible in writing by email to support@drtimpearce.com.
22.3 Full details of our complaints policy can be found at https://drtimpearce.com/contact/feedback/
22.4 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you; and subject to clause 22.5 and 22.6 below, either you or us can enter into a formal mediation or issue proceedings in court.
22.5 This Contract and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England.
22.6 In the event that you and we cannot settle any dispute directly or via mediation or either party seeks an injunctive remedy you and we irrevocably agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, the Contract, its subject matter or formation (including non-contractual disputes or claims).
23 TERMINATION
23.1 We reserve the right to terminate the provision of the Services, Goods and/or Products under this Contract with immediate effect. Termination may occur for reasons including, but not limited to:
23.1.1 breach of this Contract or failure to comply with agreed terms;
23.1.2 non-payment or repeated late payment;
23.1.3 insolvency or bankruptcy of either party;
23.1.4 Force Majeure Events that prevent continued delivery;
23.1.5 misuse of Services, Goods and/or Products provided; and
23.1.6 behaviour that compromises the safety or wellbeing of staff or other customers.
23.2 On termination of the Contract you shall immediately pay to us all of our outstanding unpaid invoices and interest and, in respect of Goods and Services supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt.
23.3 Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
23.4 Any provision of the Contract that expressly or by implication is intended to have effect after termination shall continue in full force and effect.
24 CONFIDENTIALITY
24.1 You shall keep confidential all information, whether verbal or written, that by its nature may reasonably be regarded as confidential to us, whether commercial, financial, technical, or otherwise and including information which relates to our business affairs, customers, suppliers, products, software, networks, trade secrets, know how or personnel of Dr Tim Ltd (“Confidential Information”) and shall only use the same as required to perform the Contract where Confidential Information includes but is not limited to our course materials and personal information about our models/ trainers. The provisions of this clause shall not apply to:
24.1.1 any information which was in the public domain at the date of the Contract;
24.1.2 any information which comes into the public domain subsequently other than as a consequence of any breach of the Contract or any related agreement;
24.1.3 any information which is independently developed by you without using information supplied by us; or
24.1.4 any disclosure required by law or a regulatory authority or otherwise by the provisions of the Contract
24.2 This clause shall remain in force for a period of two years from the date of the Contract.
24.3 To the extent any Confidential Information is personal data such Confidential Information may be disclosed or used only to the extent such disclosure or use does not conflict with data protection legislation.
25 GENERAL
25.1 Third party rights: No one other than a party to this Contract has any right to enforce any term of this Contract.
25.2 Assignment: You may not assign, transfer, or delegate the Contract or any part thereof without our prior written consent. We may freely transfer, assign, or delegate all or any part of the Contract, and any rights or duties hereunder. The Contract will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.
25.3 No partnership or agency: The parties are independent persons and are not partners, principal and agent or employer and employee and the Contract does not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. Neither you nor we shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.
25.4 Variation: we reserve the right to amend these Ts&Cs from time to time without notice to you and your continued use of our Services will signify your acceptance to any changes. Please therefore regularly review these Ts&Cs on our website before making further purchases.
25.5 Validity: if any of these terms are deemed invalid, void or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any other term.
26 FORCE MAJEURE
26.1 “Force Majeure Event” means an event or sequence of events beyond your or our reasonable control or preventing or delaying you or us from performing your or our obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster, war, riot or civil unrest, interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service, or material required for performance of the Contract, strike, lockout or boycott or other industrial action including those involving our or our suppliers’ workforce, effects of any epidemic or pandemic (including without limitation the virus known as COVID-19); but excluding your inability to pay or circumstances resulting in your inability to pay. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from a Force Majeure Event. The party subject to the Force Majeure Event shall promptly notify the other party in writing when such event causes a delay or failure in performance and when it ceases to do so. If the Force Majeure Event continues for more than 60 days either you or we can terminate the Contract on written notice with immediate effect.
26.2 If the Contract is terminated due to a Force Majeure Event, we reserve the right to keep any payment made by you to cover the expenses we have incurred in anticipation of the provision of our Services to you. We will make all reasonable effort to replace a cancelled event by arranging an alternative date, but this cannot be guaranteed.
27 WAIVER
27.1 No failure, delay or omission by us in exercising any right, power or remedy provided by law or under the Contract shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
27.2 No single or partial exercise of any right, power or remedy provided by law or under the Contract by us shall prevent any future exercise of it or the exercise of any other right, power or remedy by us.
27.3 A waiver of any term, provision, condition or breach of the Contract by us shall only be effective if given in writing and signed by us, and then only in the instance and for the purpose for which it is given.
28 ENTIRE AGREEMENT
28.1 You and we agree that the Contract constitutes the entire agreement between you and us and supersedes all previous agreements, understandings and arrangements between you and us, whether in writing or oral in respect of its subject matter.
28.2 We and you acknowledge that we have not entered into the Contract in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Contract or any documents entered into pursuant to it. Neither you nor we shall have any claim for innocent or negligent misrepresentation on the basis of any statement in the Contract.
29 Where reference is made in these Ts&Cs to communication being made in writing, this shall be taken to include communication made by us by way of onscreen message, notification, prompt field or other communication or information provided to you by us, or by email using an email address, which you have provided to us for communication with you. The provisions of this clause shall not apply to the requirements of service of any documents in legal proceedings.
(Last Updated September 2025)
