User Terms and Conditions
- These terms and conditions shall govern your use of our website, beautytune.meand its associated applications (together, the “ Website”).
- The term “ we” means ROYALE MEDICAL CONCIERGE LTD, the owner and operator of the Website, whose registered office is Kemp House, 128 City Road, London, United Kingdom, EC1V 2NX and whose company registration number is 13062644 (“us” and “our” will be construed accordingly).
- The term “ you” refers to the user or viewer of our Website (and “your” will be construed accordingly). We also use the term “Treatment Provider” in these terms and conditions to refer to those providers of medical and non-medical treatments and services, including doctors, dentists and cosmetic treatment providers (amongst others) who are registered on our Website.
- By using our Website or continuing to browse our Website, you agree to accept these terms and conditions. If you disagree with any of these terms and conditions, you must not use our Website or Website.
- This Website contains content which is owned by or licensed to us (the “ Content”). This Content includes, but is not limited to, the text, content, information, images, designs, layout, look, appearance and graphics.
- You are granted a license to use the Content subject to the restrictions described in these terms and conditions.
- All Content and materials contained on this Website is and shall remain at all times our copyright (or the copyright of our licensors).
- You must retain, and must not delete or remove all copyright notices and other proprietary notices placed by us on any Content.
- Licence to use the Website
- Subject to compliance with these terms and conditions, you are permitted to access and view our Website in your web browser.
- As a registered member, using the Website to access Treatment Providers for your own personal use (or for the use of your friends and family members), you are permitted to print off relevant documents, such as Treatment Provider details, brochures or other treatment information for your own personal use of that service only.
- Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our Website.
Unless you own or control the relevant rights in the material, you must not:
a. Republish material from our Website (including republication on another website), except in the case of social media such as Facebook, Instagram and Twitter in which case you are permitted to publish extracts in order to promote use of the Website, provided that you identify the Website (including a link) together with the extract;
b. Sell, rent or sub-license material from our Website;
c. Show any material from our Website in public;
d. Exploit material from our Website for a commercial purpose (other than as a registered Treatment Provider in accordance with these terms and conditions); or
e. Redistribute material from our Website.
- We reserve the right to restrict access to areas of our Website, or indeed our whole Website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
- Acceptable use
- You must not:
a. use our Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability or accessibility of the Website;
b. use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
c. use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or
d. conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent.
- You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current and non-misleading.
- You must not:
- Use on behalf of an organization
- If you use our Website in the course of a business, then by so doing you bind both yourself and the company or other legal entity that operates that business to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant company or legal entity.
- User registration and fees
- To be eligible for a user account on our Website, you must be at least 18 years of age or between the ages of 16 and 18 and have parental consent to your use of this Website.
- You may register with our Website by completing the registration on the Website and submitting it with the One-Time Password (OTP) sent via email to the user’s email address.
- You may register and use our Website free of charge.
- If you register for an account with our Website, you will be asked to choose a user name and password.
- You must not use your account or user name to impersonate any other person.
- You must keep your password confidential.
- You must notify us in writing immediately if you become aware of any disclosure of your password.
- You are responsible for any activity on our Website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
- Purchasing Treatments Through the Website
- If you wish to purchase any treatments through our Website, you can post a request by following the steps set out on the Website.
- When you make a request for a quote, you will receive detailed offers through your Online Account Dashboard from our registered Treatment Providers who are available in the location you have specified and at the time requested to provide the treatment you have chosen.
- The Treatment Provider will offer either a fixed price quote or an estimate based on the information you provide in your request. Where a fixed price quote is has been provided, this cannot be changed once you have accepted the quote. Estimates may be given in instances where there are factors that prevent the Treatment Provider from issuing a fixed price quote.
- If you upload any medical data through our Website, please note that as an intermediate we will share your medical data only with the potential providers. It is the user’s obligation, if they wish, to remove any personal details from the image files or pdf which they upload. As an intermediate, we do not have access to the content of these files, these are held confidentially and are only accessible by the Treatment Providers.
- If you wish to purchase your treatment with a particular Treatment Provider, you can make the purchase through your Online Account Dashboard. You will be offered the opportunity when placing an order to pay either a deposit (usually 15% of the treatment cost) or the full amount
- Your payments are held in escrow by our third party escrow payment agent. This means that your payments are secured until the completion of your treatment. Once your treatment has been completed, your Treatment Provider will confirm that the treatment has been finished and you will receive an email notification (on the email address you have registered with us) to confirm this. Unless you choose to make a complaint about this treatment within 5 working days from the date of that email, the Escrow Provider will automatically release your funds at that point to the Treatment Provider.
- If, following your purchase, the Treatment Provider you have selected is not available at the time requested for any reason, they will inform you as soon as possible to arrange a different time, or to move your purchaseto an alternative Treatment Provider, or to refunds you (at your choice).
- Users of the service are expected to treat Treatment Providers with dignity and respect and we reserve the right to remove any user who displays any inappropriate behaviour from using the Website. Clients are prohibited from harassing, threatening or intimidating any Treatment Provider and we will not hesitate to report any such activity to the appropriate authorities. Messaging between a client and the Treatment Provider will be in compliance with GDPR and, where applicable, with US HIPAA too. This means that the messaging will be encrypted and only the Treatment Provider and the client will have access to it. However, you agree that the Treatment provider will be permitted to share non-personal or non-medical extracts of the messages with us in the case of harassment or other breach of these terms.
- In addition to providing you with introduction to Treatment Providers we may also provide you with a link to third-party finance providers who may be able to offer you financial services to help you pay for your purchase (“Finance Providers”).
- If you have posted a request for treatment overseas, your Treatment Provider may also provide you with details of suitable airport transport or accommodation (“Extra Services”). In such as case, the same process and rules as apply to the payment of our Treatment Providers, as outlined above, will also apply to these Extra Services.
- Please note that price requests will have an expiry date (of either 15, 30 or 45 days, as chosen by you on the Website). After the expiry date has been reached, the price quoted for that treatment will expire and you will need to post your request anew.
- Your quote from the Treatment Provide will indicate that it is a fixed price or an estimate. If it is an estimate the price may be subject to change, once the Treatment Provider has received more details or has conducted an examination (where applicable). If the quote is for a fixed price, the price should not change, unless you have requested a change to the nature or scope of your treatment.
- If the information you have provided to the Treatment Provider (including within the medical questionnaire which is provided by you as part of the request process), appears to be misleading or incorrect, the price quoted by the Treatment Provider will not be binding.
- If you are concerned that you have been overcharged, please contact us at firstname.lastname@example.org and our professional team will investigate the matter. If our conclusion is that an incorrect overcharge has been made, the Treatment Provider will be asked to repay the difference. If the Treatment Provider does not comply with any request for repayment, we guarantee to repay the difference and will ensure that the Treatment Provider will be banned from our Website.
- Your right to cancel
a. You have the right to cancel any treatment, or ExtraService (or any additional services), which you may have purchased through the Website at any time. However, do note that, unless you have agreed any different cancellation terms with the Treatment Provider, the following cancellation charges will apply:
b. Cancellation made more than 7 days before a booked appointment: the fees related to the already-completed services such as previous appointments and performed pre-tests, will be deducted from the monies deposited on escrow and the remaining amount will be transferred back in 14 days.
c. Cancellation made less than7 days before a booked appointment: the 25% of the fee for the cancelled appointment, the fees related to the already- completed services such as fees related to the previous appointments cost of pre-tests, will be deducted from the monies deposited on escrow and the remaining amount will be transferred back in 14 days.
d. Please note that if you wish to cancel a treatment, you must do so by contacting your Treatment Provider directly through the Website messaging feature.
- Cancellation and suspension of account
- We reserve the right to suspend your account, cancel your account; and/or edit your account details at any time in our sole discretion.
- You may cancel your account with us on our Website at any time, subject to any outstanding order which shall remain binding, or which may be cancelled in accordance with our cancellation policies.
- E-Gift Vouchers
- Our Website offers two types of e-gift voucher: ‘E-gifts’ and ‘Coupons’.
- You can purchase our E-gifts through our Website (with or without registering first). These vouchers may be used by yourself or you can purchase them, for example, for a friend or family member. In that case, the recipient will be sent a unique voucher code by email, which they can redeem after registering on the Website.
- E-gifts may only be used against treatments,or services, available through the Website.
- E-gifts will expire 2 years from the date of purchase.
- Coupons are created and offered by us in certain circumstances. If and when we offer these Coupons, details will be specified on the Website or on the specific promotion, including how long they remain valid and what they may be used for (for example, to offer a percentage discount off certain treatments).
- If your treatment value is more than the amount of your E-gift, you will be required to pay the balance. If your treatment value is less than the amount of your E-gift, we do not give a refund or credit for any balance (the remaining balance of the voucher will be cancelled).
- Please note that an E-gift can only be used against the full purchase price of your treatment, and not against the deposit.
- Our role as an introduce
- We act as an introducer, introducing users to prospective Treatment Providers. None of the Treatment Providers offered on our Website are employed by us.
- You agree that, unless otherwise stated in these terms, we have no liability to you in relation to any Treatment Provider services or Extra Services provided through this Website or any Finance Provider services you may have found through use of the Website. In the event you are dissatisfied in any way, your remedy is only against the Treatment Provider, or Finance Provider, as applicable.
- You acknowledge that:
a. whilst we may perform limited checks on any Treatment Provider who wishes to register to provide any services through our Website (which may include criminal database checks and other fraud prevention services), we are not in a position to fully confirm the identity of all Treatment Providers, or to guarantee their experience or qualifications;
b. we do not have control over the quality, timing, or legality of the services actually delivered by Treatment Providers, nor of the integrity, responsibility or actions of Treatment Providers. We do not make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Treatment Providers or the integrity, responsibility or actions of Treatment Providers whether in public, private or offline interactions;
c. we are not party to any contract for the provision of services obtained through the Website between you and a Treatment Provider; and accordingly we will not be liable to any person in relation to the provision of services obtained via the Website and we are not responsible for the enforcement of any contractual obligations arising out of a contract for the provision of services and we will have no obligation to mediate between the parties in the event of any dispute.
d. You understand and agree that we are reliant on the information which the Treatment Providers have given to us, and we are not in a position to independently verify the authenticity of any references or qualifications, nor do we make any representations or warranties as to the truthfulness of the references or information you may receive from any Treatment Provider. If you wish, you can ask Treatment Providers for further details of their qualifications or you can seek to obtain references directly from them.
e. Although we have no obligation to do so, we reserve the right at our discretion to use third party services to scan on an ongoing basis a variety of sources, which may include, but are not limited to, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data to assist us in verifying the information you provide us. By using the Website, you authorise us to conduct such checks and searches and to review the information provided by third party verification service and we retain the right to terminate your registration based on the information we receive. You also hereby represent, understand and expressly agree that we do not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a verification check. If you do not want these verification checks to be performed, you should not use our Website.
- Your responsibilities
- You agree to the following statements:
a. You understand and agree that we act only as an introducer of independent Treatment Providers and, where applicable, any Finance Provider, and that having made a purchase, your contract is solely with the Treatment Provider and/or Finance Provider, who is solely responsible for the services or treatments they may provide.
b. You understand and agree that the Treatment Provider may make further charges if you ask to extend the service beyond that which was originally purchased.
c. If the service you have requested extends to more than the original purchase, you are required to inform us so that we can update your order details accordingly. Failure to inform us would be a breach of these Terms.
d. If you allow a Treatment Provider, such as a beautician, to enter your home to provide a treatment, you do so at your own risk and after having taken appropriate precautions. You may also wish to ensure that your insurance covers Treatment Providers working in your home, if applicable.
- You agree to the following statements:
- Your Content
- In these terms and conditions, "your content" means all messages and files which you send through our Website, for example, to your Treatment Provider, but for these purposes also include without limitation any text, graphics, images, audio material, video material, audio-visual material, scripts and software that you submit to us or our Website for processing or transmission by our Website.
- For the purpose of enabling us to offer the services on the Website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to process, store, archive, adapt and deliver your content to relevant Treatment Providers or Finance Providers, or otherwise to fulfil the purpose of your use of the Website. In particular, where your information contains personal or medical details you specifically agree to allow us to provide that information to Treatment Providers for the purpose of them offering their services to you.
- You warrant and represent that your content will comply with these terms and conditions.
- Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
Be libellous or maliciously false;
Be obscene or indecent;
Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;Infringe any right of confidence, right of privacy or right under data protection legislation; Constitute negligent advice or contain any negligent statement; Constitute or promote any criminal activity; Be in contempt of any court, or in breach of any court order; Be in breach of racial or religious hatred or discrimination legislation; Be blasphemous; Be in breach of any contractual obligation owed to any person; Be untrue, false, inaccurate or misleading; Contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; Constitute spam; or Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
- You must not use our Website to post any link to any website or web page without our written permission.
- Report abuse
- If you learn of any unlawful material or activity on our Website, or any material or activity that breaches these terms and conditions, please let us know. Please also inform us immediately if any Treatment Provider attempts to offer you treatment outside the terms of this platform.
- You can let us know about any such material or activity by writing to us at: email@example.com.
We do not warrant or represent:The completeness or accuracy of the information published on our Website;
That the information on the Website is up to date;
That the Website or any service on the Website will remain available;
That any Treatment Provider located through this Website is suitable, capable or sufficiently experienced to provide the services you may require.
- We reserve the right to discontinue or alter any or all of our Website services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any Website services, or if we stop publishing the Website.
- To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our Website and the use of our Website.
- Limitations and exclusions of liability
Nothing in these terms and conditions will:limit or exclude any liability for death or personal injury resulting from our negligence;
limit or exclude any liability for our fraud or fraudulent misrepresentation;
limit any liabilities in any way that is not permitted under applicable law; or
Exclude any liabilities that may not be excluded under applicable law,
The limitations and exclusions of liability set out in this Section 16 and elsewhere in these terms and conditions:Are subject to Section 16.1; and
Govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions; and
This includes any claims, losses or damages arising from the conduct of users who have registered through the Website or who attempt to defraud or harm you
- To the extent that our Website and the information and services on our Website are provided free of charge, we will not be liable for any loss or damage of any nature.If for any reason such limitation shall not apply, our maximum liability to you shall in no event exceed £100.
- We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, or in respect of any loss or corruption of any data, database or software, or in respect of any special, indirect or consequential loss or damage.
- We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
Any breach by you of any provision of these terms and conditions; or
Your use of our Website.
- Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
Send you one or more formal warnings;
Temporarily suspend your access to our Website;
Permanently prohibit you from accessing our Website;
Block computers using your IP address from accessing our Website;
Contact any or all of your internet service providers and request that they block your access to our Website;
Commence legal action against you, whether for breach of contract or otherwise; and/or
Suspend or delete your account on our Website.
- Third party Websites
- Our Website may include links to other Websites owned and operated by third parties. We have no responsibility for the content of such third party websites.
- We have no control over third party Websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
- The registered and unregistered trademarks or service marks on our Website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
- We may revise these terms and conditions from time to time.
- The revised terms and conditions shall apply to the use of our Website from the date of publication of the revised terms and conditions on the Website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using our Website.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
- You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
- A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
- These terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our Website and shall supersede all previous agreements between you and us in relation to your use of our Website.
- Law and jurisdiction
- These terms and conditions shall be governed by and construed in accordance with English law.
- Any disputes relating to these terms and conditions, the Website or any product or service purchased through the Website shall be subject to the exclusive jurisdiction of the courts of England.