Please Read These Terms And Conditions Carefully Before Using This Website
What’s In These Terms?
These terms tell you the rules for using our Website drtimpearce.com (our Website).
These terms include information on the following:
- Who we are and how to contact us.
- By using our Website you accept these terms.
- There are other terms that may apply to you.
- We may make changes to these terms.
- We may make changes to our Website.
- We may suspend or withdraw our Website.
- We may transfer this agreement to someone else.
- Applicability of the information on our Website to users outside of the UK.
- You must keep your account details safe.
- How you may use material on our Website.
- Do not rely on information on our Website.
- We are not responsible for Websites we link to.
- User-generated content is not approved by us.
- How to complain about content uploaded by other users.
- Our responsibility for loss or damage suffered by you.
- Exclusion of liability for digital content.
- How we may use your personal information.
- Uploading content to our Website.
- Rights you are giving us to use material you upload.
- We are not responsible for viruses and you must not introduce them.
- Rules about linking to our Website.
- Which country’s laws apply to any disputes?
- Our trade marks are registered.
Who We Are And How To Contact Us
drtimpearce.com is a website operated by Dr Tim Limited (”We”). We are registered in England and Wales under company number 12937062 and have our registered office at 107 Kirkgate, Leeds, LS1 6DP.
To contact us, please email firstname.lastname@example.org.
By Using Our Website You Accept These Terms
There Are Other Terms That May Apply To You
- Acceptable Use Policy which is set out below.
- Terms and Conditions of Supply (which can be found at https://drtimpearce.com/terms-conditions/ which will apply if you purchase services from our Website and will apply to all sales.
We May Make Changes To Our Website And These Terms
We may update and change our Website from time to time to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.
We amend these terms from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on February 1st 2020.
We May Suspend Or Withdraw Our Website
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We May Transfer This Agreement To Someone Else
Users Of Our Website Based Outside The UK
Our Website is directed primarily to people residing in the United Kingdom. We do not represent that content available on or through our Website is appropriate for use or is available in other locations. If you are based outside the UK then you should check whether the content of this Website is relevant or applicable in your country.
You Must Keep Your Account Details Safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details included above.
How You May Use Material On Our Website (Intellectual Property Rights)
Our Website and all intellectual property rights in it including but not limited to any content are owned or used under licence by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property.
You must not use any part of the content on our Website or any of our intellectual property rights for commercial purposes without first obtaining a licence to do so from us and/or our licensors.
You are not permitted to use any of our trade marks (whether registered or unregistered) without our prior written approval. Our UK registered trade marks are:
- ‘skinviva’ figurative mark (UK00002628041);
- ‘SKINVIVA’ word mark (UK00003442723);
- ‘SVT’ figurative mark (UK00003442134);
- ‘VivaLift’ word mark (UK00003024099); and
- ‘ArqVeqtoring’ word mark (UK00003024090).
We also have rights under English law in relation to our unregistered trade marks such as ‘The Aesthetics Mastery Programme’™.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If we provide you with consent to use any of our intellectual property rights, our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
Do Not Rely On Information On This Website
The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
We Are Not Responsible For Websites We Link To
Where our Website contains links to other Websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those Websites or resources.
User-Generated Content Is Not Approved By Us
Our Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
How To Complain About Content Uploaded By Other Users
If you wish to complain about content uploaded by other users, please contact us using the contact details included above.
Our Responsibility For Loss Or Damage Suffered By You
Whether you are a consumer or a business user:
- 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 and for fraud or fraudulent misrepresentation;
- different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our Terms and conditions of supply https://drtimpearce.com/terms-conditions/.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website; or
- use of or reliance on any content displayed on our Website.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Our Website is for use by businesses and not consumers.
How We May Use Your Personal Information
Uploading Content To Our Website
Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy (see below).
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our Website a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload. If you are a licensee of such content you warrant that you have the right to sub-licence that content to us and our other Website users.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy (see below).
You are solely responsible for securing and backing up your content.
Rights You Are Giving Us To Use Material You Upload
When you upload or post content to our Website, you grant us the following rights to use that content:
- to use, amend and copy and sub-licence those rights to other users of our Website and third parties;
- where you are a licensee of that content, the right to sub-licence the rights listed above.
Acceptable Use Policy
This section is our Acceptable Use Policy which sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.
You may use our site only for lawful purposes. You may not use our site:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to bully, insult, intimidate or humiliate any person;
- to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below);
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- chat rooms;
- bulletin boards;
- on-line coaching sessions;
- conference call technology.
(which we refer to as our “interactive services”.)
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
SkinViva Limited will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- be accurate (where it states facts);
- be genuinely held (where it states opinions);
- comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- be defamatory of any person;
- be obscene, offensive, hateful or inflammatory;
- bully, insult, intimidate or humiliate;
- promote sexually explicit material;
- include child sexual abuse material;
- promote violence;
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringe any copyright, database right or trade mark of any other person;
- be likely to deceive any person;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be in contempt of court;
- be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- impersonate any person, or misrepresent your identity or affiliation with any person;
- give the impression that the Contribution emanates from SkinViva Limited, if this is not the case;
- advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
- contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
- contain any advertising or promote any services or web links to other sites.
Breach Of This Policy
When we consider that a breach of the Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
- immediate, temporary or permanent withdrawal of your right to use our site;
- immediate, temporary or permanent removal of any Contribution uploaded by you to our site;
- issue of a warning to you;
- legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- further legal action against you;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of the Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
We Are Not Responsible For Viruses And You Must Not Introduce Them
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
Rules About Linking To Our Website
You must not create a link to any page of this website without our prior written consent. If you do create a link to a page on our Website, you do so at your own risk.
The website in which you are linking must comply in all respects with the content standards set out in this Acceptable Use Policy.
If you wish to link to or make any use of content on our Website other than that set out above, please contact email@example.com .
Which Country’s Laws Apply To Any Disputes?