Dr Tim Limited TERMS AND CONDITIONS of SALE (October 2020)
Please read the following important terms and conditions (‘T&Cs’) before you buy anything from us as these are the terms on which we will supply you with our services and/or goods.
In this contract:
- “We”, “us” or “our” means Dr Tim Limited (referred to on our website and in our materials as Dr Tim Pearce and/or the Company);
- “You”’ or ‘”your”’ or “customers” means the person buying on-line training or other Services from us;
- the “Services” referred to in this contract are the Dr Tim on-line training courses, or events that we may supply from time to time, or a subscription based support group; and
- the “Goods” means training booklets, kits, posters and anything else advertised by us from time to time.
If you don’t understand any of this contract and want to talk to us about it, please contact us:
- by email at firstname.lastname@example.org
(we will respond to emails within 24 hours excluding weekends)
- by post to: Dr Tim Limited, 107 Kirkgate, Leeds, England, LS1 6DP.
Who are we?
Dr Tim Limited is registered in England and Wales under company number: 12937062. Our registered office is at: 107 Kirkgate, Leeds, England, LS1 6DP. Our VAT number is: 361550120.
1.1 If you buy Services from us you agree to be legally bound by:
(a) these terms and conditions;
(b) extra terms which may add to, or replace some of, this contract. This may happen for legal or other reasons. We will contact you to let you know if we intend to do this by giving you one month’s notice. You can end this contract at any time by giving one month’s notice if we tell you extra terms apply; and
(c) specific terms which apply to certain Services details of which are set out below or which may be provided when you register for those Services.
All of the documents which incorporate the above items will form part of this contract and will be referred to in this agreement as the Contract.
2. Purchasing your on-line training course or event
For certain of our training courses there are eligibility criteria. Please check clause 4.2 (“Your obligations”) below for details of these. We reserve the right to decline admission to our courses if you do not meet the relevant criteria or for any other reason.
Below, we set out how a legally binding contract between you and us is made.
2.1 Any quotation given by us before you make an order for Services is not a binding offer by us to supply such Services.
2.3 When you place your order with us, we will acknowledge your order by email. This acknowledgement does not, however, mean that your order has been accepted.
2.4 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):
(a) 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);
(b) we cannot authorise your payment;
(c) you do not meet the eligibility criteria set out in clause 4.2 below; or
(d) there has been a mistake on the pricing or description of the Services.
2.5 We will only accept your order when we confirm this to you by email and we receive payment from you in accordance with clause 3 below (“Order Confirmation”). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) we will carry out the Services in the way you and we have agreed.
2.6 We reserve the right to cancel or change planned dates and/or locations (for events) and course content (for on line learning). You will be notified at least 24 hours in advance of any such changes where this is possible and a full refund given in the event of cancellation or should you be unable to attend due to any changes we make. (See clauses 6, 7 and 8 below regarding our refund policy and information about cancellations and changes to the Services).
2.7 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.
3. Charges and payment for Services
3.1 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.
Payment terms are as follows:
3.2 Payment for training courses must be received in full and no access to the training course is given until payment is received unless clause 3.3 below applies.
3.3 In certain circumstances, we may use our discretion to allow payment to be made by instalments. (See Instalment plan details below at clause 3.6 to 3.10 below) A deposit payment would be required immediately upon acceptance of the proposed instalment scheme. An Order Confirmation will be sent 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.
3.4 Payment for events must be made in full at least three weeks before an event unless clause 3.3 applies. An Order Confirmation will be sent 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 in accordance with clause 6 below.
3.5 The price of the Services is in pounds sterling (GBP) and includes VAT at the applicable rate.
3.6 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.
3.7 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 the Company becomes due for immediate payment.
3.8 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.
3.9 The discretionary instalment plan terms of repayment is based on an initial deposit, followed by repayments across an agreed period.
3.10 All instalment agreements are based on taking an initial deposit at the point at which the sale of goods or services is agreed.
4. Your obligations in relation to the supply of Services
4.1 You shall:
(a) comply with these Ts&Cs and if you are making a purchase on behalf of another person you will be responsible for his/her compliance;
(b) provide your full and accurate contact details (or if you are making a purchase for another person, the correct details of the person who will follow the course or attend the event);
(c) 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;
(d) meet (or you confirm that the person for whom you are making the purchase, meets) the minimum criteria set out in clause 4.2 below;
(e) comply or procure that the customer complies with any reasonable request from us during the course or event;
(f) 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;
(g) retain copies of any literature issued in relation to the provision of our services;
(h) not copy any of the course materials; and
(i) 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 the Company website.
4.2 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:
(a) a pass grade in your professional registration or qualification check (in this instance you shall be entitled to a full refund but we may deduct an administration fee);
(b) 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);
(c) membership of a regulatory body with no restrictions to practice or pending investigations or suspensions from practice;
(d) 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;
(e) you are in possession of a health related, medically based degree (or equivalent level qualification/training);
(f) you have independent prescribing rights OR confirm you will work with the oversight of a prescribing clinician (which specifically includes face-to-face consultations for all POMs and availability for emergency advice at all times);
(g) you are proficient in carrying out injections or cannula in your current or previous healthcare roles; and
(h) you can obtain and will maintain professional indemnity insurance for aesthetic medicine and public liability insurance at all times.
4.3 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.
5. Carrying out the Services
5.1 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.
5.2 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:
a) 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);
b) we cannot access the site at the times we agreed with you;
c) poor weather conditions (in relation to events).
5.3 If you intend to order any of our e-learning courses, you understand and agree that these specific services are built with the sole intention of improving standards of aesthetic practice. Such e-learning courses in isolation are in no way a certification or qualification to practice medical activities. This is because competence cannot be assessed without practical experience and training with a reputable training provider.
6. Cancellations or amendments to the Services by us
6.1 We reserve the right to cancel or change planned events in relation to dates and locations and course content in relation to online courses. You will be notified 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.
6.2 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.
6.3 We do not issue refunds for cancelled events which are caused by Force Majeure Events (see further information on this in clause 17.5 below).
6.4 We will make all reasonable effort to replace a cancelled event by arranging an alternative date but this cannot be guaranteed.
7. Cancellations or amendments to attendance at courses or events by you
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.
Should you wish to cancel your purchase, the following terms and conditions apply.
7.1 Deposits for courses and 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.
7.2 All cancellations must be notified to us in writing to email@example.com .
8.1 For Events: where we are able to resell your place on an event we will charge you an admin fee and we will retain the deposit. Otherwise for cancellations notified to us:
(a) more than 4 weeks (28 calendar days) before your event you will obtain a full refund minus your deposit;
(b) 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.
(c) between 1-3 working weeks (7-21 calendar days) before your event date – there is a 30% charge plus an administration charge;
(d) within 1 week (7 calendar days) of the event date there is 50% charge plus an admin fee;
(e) within 48 hours – 100% fee is payable.
8.2 Refunds for Online Courses: for most of our courses we offer a money back period at our discretion. See our website for further up to date details. All access to our systems is governed by a unique username and password. The username and password are part of a system that protects the security of the resource and enables us to monitor usage by any individual. When a refund request is received, we reserve the right to track the usage by an individual (through his/her username and password). No refund will be granted if we have reason to believe that an individual has viewed any of the course material that s/he has purchased.
8.3 Insurance: 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.
9. Amendments and attendee substitutions
9.1 A substitute may attend an event in your place at no additional charge if:
(a) you give us notice in writing at least 2 working days before the event date;
(b) you include the contact details of the substitute;
(c) the substitute accepts to be bound by these terms and conditions; and
(d) the substitute meets all entry and eligibility criteria for the training.
9.2 We will make any reimbursements using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
10. Your privacy and personal information
10.2 In purchasing a training course from us, you agree to us using any data you submit in order to process your order and for our future marketing purposes. You can choose not to receive further marketing materials at any time by contacting us.
11. Limit on our responsibility to you
11.1 The extent of our liability under or in connection with the Contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause 11.
11.2 Subject to clauses 11.3, 11.4 and 11.5 our total liability shall not exceed the sum of the course/event fee paid or payable.
11.3 Subject to clauses 11.4 and 11.5, we shall not be liable for consequential, indirect or special losses including but not limited to compliance with any regulations or legislation in any jurisdiction.
11.4 Subject to clauses 11.5, we shall not be liable for any of the following (whether direct or indirect):
(a) loss of profit;
(b) loss of contract;
(c) loss of opportunity;
(d) loss of savings, discount or rebate (whether actual or anticipated);
(e) harm to reputation or loss of goodwill.
11.5 Notwithstanding any other provision of the Contract, our liability shall not be limited in any way in respect of the following:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other losses which cannot be excluded or limited by applicable law;
(d) any losses caused by wilful misconduct.
11.6 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.
11.7 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 readers independently verify facts. Ultimately it is your responsibility to make your own professional judgement.
11.8 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.
11.9 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.
12. Intellectual Property
12.1 The trade marks (including logos) which are displayed on our learning materials are the property of Dr Tim Limited 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.
12.2 We own or are the licensee of the copyright and other relevant intellectual property rights in all text and images relating to our Services. You will not adapt, alter or create any derivative work from any of our materials (including the website) or use such material for any purpose other than your personal, non-commercial use, without our prior written consent.
12.3 None of the content of the website 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 site or any part of it is not permitted without our prior written permission.
12.4 Any requests for permission to use our images or other use of our intellectual property not authorised by these Terms and Conditions should be made to firstname.lastname@example.org.
13.1 We take pride in the quality of our service and as such will try to resolve any complaints as quickly and efficiently as possible.
13.2 Complaints about any aspect of our Services should be made as soon as possible in writing by email to email@example.com or by post to Dr Tim Limited, 107 Kirkgate, Leeds, England, LS1 6DP.
13.3 Full details of our complaints policy can be found at https://drtimpearce.com/contact/feedback/
13.4 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 13.6 below either you or us can enter into a formal mediation or issue proceedings in court.
13.5 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 and Wales.
13.6 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).
14.1 We reserve the right to terminate the provision of the Services with immediate effect in the following situations:
(a) if you materially breach these Terms & Conditions and fail to resolve the breach within 30 days from us providing you with written notice of the breach (where material breach includes non payment of an invoice);
(b) we terminate the website immediately as part of a general shut down of services.
14.2 Either party may terminate in accordance with clause 17.5 (Force Majeure).
15.1 You shall keep confidential all Confidential Information of ours 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:
(a) any information which was in the public domain at the date of the Contract;
(b) any information which comes into the public domain subsequently other than as a consequence of any breach of the Contract or any related agreement;
(c) any information which is independently developed by you without using information supplied by us; or
(d) any disclosure required by law or a regulatory authority or otherwise by the provisions of the Contract
15.2 This clause shall remain in force for a period of two years from the date of the Contract.
15.3 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.
16. Supply of Goods
16.1 The price for the Goods shall be as set out on our website or, as advised by us before the date the order is made (“Price”).
16.2 The Prices are inclusive of:
(a) packaging and delivery; and
(b) VAT (or equivalent sales tax).
16.3 We shall take payment for the Goods prior to delivery and provide a VAT invoice on request.
17.1 Third party rights: No one other than a party to this contract has any right to enforce any term of this Contract.
17.2 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.
17.3 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.
17.4 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.
17.5 “Force Majeure” 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. 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 continues for more than 60 days either you or we can terminate the Contract on written notice with immediate effect.
17.6 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.
17.7 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.
17.8 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.
17.9 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.
17.10 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.
17.11 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.
17.12 Nothing in these Conditions purports to limit or exclude any liability for fraud.
17.13 The Contract and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.