Accreditation Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING YOUR REGISTRATION

Information about us

We own and operate the Website (as defined below). We are Save Face Limited, a company registered in England and Wales under company number 8687253 with registered office at Aysgarth Accountants Limited, Suite 3b, Kings House, 1 King Street, Leeds LS1 2HH  (“we”, “us” and “our” shall be construed accordingly). Our VAT number is 179362570.

General

The Website has a large number of Visitors (as defined below) who may be interested in purchasing the Services (as defined below) from you from time to time.

You wish to register to the Website as one of our participating cosmetic practitioners to enable Visitors to search for you and the Services you provide. In order to proceed with your Registration (as defined below) you are willing to pay us the Registration Fee or Membership Renewal Fee  (as defined below).

We are willing to accept your Registration or Membership Renewal subject to you meeting and maintaining the Standards (as defined below), your payment of the Registration Fee or Membership Renewal Fee is your acceptance of this Agreement (as defined below).

This page tells you information about us, our Standards and the Agreement governing the Registration. Please read the Agreement carefully and make sure that you understand it before accepting it.

When you have read the Agreement and understood it, please click on the button marked “I Accept” at the end of the Agreement to indicate your acceptance of it. If you refuse to accept the Agreement, you will not be able to proceed with the Registration.

You should print a copy of the Agreement for future reference. We amend the Agreement from time to time as set out in clause 6. The Agreement was most recently updated on 15th October 2016.

1. Interpretation

The following definitions and rules of interpretation apply to the Agreement.

1. Definitions:

1. 1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
   2. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
   3. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
   4. A reference to writing or written includes fax and e-mail.
   5. 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.
   6. References to clauses are to the clauses of this Agreement.
2. Use of the Website
   1. Your use of the Website is governed by this Agreement and our Terms of Website Use. Please take the time to read this Agreement and our Terms of Website Use, as they include important terms which apply to you.
   2. If a conflict arises between the terms of this Agreement and our Terms of Website Use, this Agreement will prevail.
3. How we use your personal information

We only use your personal information in accordance our Privacy Policy. Please take the time to read this, as it includes important terms which apply to you.

1. Registration to the Website
   1. By completing the Registration or, where applicable, any Annual Renewal you agree to allow us on a non-exclusive basis to include your information on the Website enabling Visitors to search for you and the Services.
   2. You agree and acknowledge that completion of the Registration is conditional on and subject to:
      1. your payment to us of the Registration Fee;
      2. our satisfaction that the information provide by you meets the Standards;
      3. our satisfaction that, following an inspection or, where relevant, any Repeat Inspection of your premises by us,  you and your premises meets the Standards.
   3. You agree and acknowledge that completion of any applicable Annual Renewal is conditional on and subject to:
      1. your payment to us of the Renewal Fee; and
      2. our satisfaction that, following an inspection or, where relevant, any Repeat Inspection of your premises by us,  you and your premises meets the Standards.
   4. Where, following an inspection of your premises by us, in accordance with clauses 4.2.4 or 4.3.2, you have failed to meet the Standards, we will carry out repeat inspections (“Repeat Inspections”) at your request for a period of 12 months. We reserve the right to invoice you for our reasonable expenses incurred as a result of any such Repeat Inspections.
   5. You agree and acknowledge that no provision of this Agreement imposes any obligation or requirement on us to complete the Registration or, where applicable, any Annual Renewal which will always be subject to our sole satisfaction that you and your premises conform to the Standards.
   6. By completing the Registration or, where applicable, any Annual Renewal you agree to allow us to undertake random spot checks of your premises at any time.
   7. For the avoidance of doubt, the inclusion of your information on our Website as one of our participating cosmetic practitioners shall always be subject to our sole satisfaction that you and your premises conform to the Standards. Furthermore, we reserve the right to remove your information from our Website at any time when:
      1. in our sole opinion, we determine that you have failed to meet the Standards; or
      2. we are investigating a complaint made against you.
   8. You agree and acknowledge that under the Registration or, where applicable, any Annual Renewal the fees payable by you are for the accreditation and external validation of your skills, qualifications and premises in accordance with the Standards. For the avoidance of doubt, you acknowledge that other benefits received by you under the Registration or, where applicable, any Annual Renewal are associated complimentary benefits which can be withdrawn by us at any time.
   9. You agree and acknowledge that the Website allows Visitors to leave feedback about you, your premises and the Services you offer (“Visitor Feedback”). You further agree and acknowledge that we reserve the right to take Visitor Feedback into account when determining whether you and your premises meets the Standards.
   10. For the avoidance of doubt, we shall have no authority, or permit any person to hold itself out, as being authorised to bind you in any way, and shall not do any act which might reasonably create the impression that we are so authorised. We shall not make or enter into any contracts or commitments or incur any liability for or on behalf of you, including for the provision of the Services or the price for them, and shall not negotiate any terms for the provision of the Services with Visitors.
   11. We will disclose to each Visitor that we are providing introductions to you and that we have no authority or ability to negotiate or vary the Services or the terms of the Services or enter into any contract on behalf of you.
   12. We shall not, without your prior written consent, make or give any representations, warranties or other promises concerning the Services provided by you.
2. How the contract is formed between you and us
   1. Our registration and membership renewal process allows you to check and amend any errors before submitting your application to us. Please take the time to read and check the information included in your online application at each stage of the registration process.
   2. When you have checked the information you have provided in your application, please read this Agreement carefully and make sure that you understand it, before submitting your application for review.
   3. Please click on the button marked “I Accept” at the end of this Agreement if you accept it. If you refuse to accept the Agreement, you will not be able to submit the application or proceed with the Registration.
3. Our right to vary the Agreement
   1. We may revise the Agreement from time to time in the following circumstances:
      1. changes in how we accept payment from you; and
      2. changes in relevant laws and regulatory requirements.
   2. Upon each Annual Renewal the Agreement in force at that time will apply to the contract between you and us.
   3. Whenever we revise the Agreement in accordance with this clause 6, we will keep you informed and give you notice of this by stating that the Agreement has been amended and the relevant date at the top of this page
   4. You can pay the Registration Fee or Membership Renewal Fee, as detailed above in Fee section

1. 1. Payment of the Registration Fee occurs when you agree to the terms of this Agreement and submit your application for accreditation.
   2. Payment of the Renewal Fee occurs upon each anniversary of the Commencement Date.
   3. Save Face is a registered Trade Mark in the UK
   4. For the duration of the Agreement, we grant you a personal, non-exclusive licence to use the Trade Mark in relation to your Registration and the provision of the Services.
   5. You undertake not to:
      1. use the Trade Mark beyond the scope of the licence granted under clause 10.2; or
      2. grant others the right to use the Trade Mark for any purpose.
2. Website
   1. We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.
   2. We do not guarantee that the Website, or any content on it, will be free from errors or omissions.
   3. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
   4. You are responsible for making all arrangements necessary for you to have access to the Website.
   5. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of this Agreement and the documents referred to in it, and that they comply with them.
   6. 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.
   7. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this Agreement.
   8. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@saveface.co.uk.
3. Intellectual Property
   1. We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.
   2. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
4. Trade marks
   1. Save Face logo is a protected logo
   2. For the duration of the Agreement we grant you a personal, non-exclusive licence to use the Trade Mark in relation to your Registration and the provision of the Services.
   3. You undertake not to:
      1. use the Trade Mark beyond the scope of the licence granted under clause 10.2; or
      2. grant others the right to use the Trade Mark for any purpose.
5. No reliance on information

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date and this disclaimer applies equally to any information we might provide via e-mail, forum or blog, telephone, social media or any other form of communication.

1. Your obligations
   1. You must at all material times act in good faith towards us.
   2. You shall provide us at all material times with the information we reasonably require to carry out our duties, including marketing information for and details of the Services, and information about you.
   3. You shall inform us immediately if you suspend or cease to perform the Services.
   4. For the avoidance of doubt, no terms of this Agreement imposes any obligation on you to provide any Services to any Visitor.
2. Uploading content to the Website
   1. Any content you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to Visitors and other third parties any such content for any purpose.
   2. We also have the right to disclose your identity to any Visitor or other third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
   3. We will not be responsible, or liable to any Visitor or other third party, for the content or accuracy of any content posted by you or any other user of the Website. We have the right to remove any posting you make on the Website.
   4. The views expressed by Visitors and other third parties on the Website do not represent our views or values.
3. Viruses
   1. We do not guarantee that the Website will be secure or free from bugs or viruses.
   2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
   3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the 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 Registration and right to use the Website will cease immediately.
4. Linking to the Website
   1. You may link to the home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
   2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
   3. You must not establish a link to the Website in any website that is not owned by you.
   4. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
   5. We reserve the right to withdraw linking permission without notice.
   6. If you wish to make any use of content on the Website other than that set out above, please contact info@saveface.co.uk.
5. Third party links and resources to the Website
   1. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
   2. We have no control over the contents of those sites or resources.
6. Commencement and duration

The Agreement shall commence on the date it is accepted by you in accordance with clause 5.3 (“Commencement Date”) and shall continue for a fixed term of 1 year unless terminated early in accordance with clause 17, or extended for an additional fixed term of 1 year under any Annual Renewal.

1. Termination

Without affecting any other right or remedy available to it, either party may terminate this Agreement with immediate effect by giving written notice to the other party if:

1. 1. the other party fails to pay any amount due under this Agreement on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment;
   2. the other party commits a material breach of any term of this Agreement which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so; or
   3. the other party repeatedly breaches any of the terms of this Agreement in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of this Agreement.
   4. From date of completion of initial registration there is a maximum period of 12 months to complete the accreditation process. On the 12 month anniversary should accreditation not have been achieved the registration will expire and should the client want to complete accreditation after the anniversary they will have to start the process from the beginning including all fees to be paid. As per payment terms and conditions no refund will be issued for failing to complete accreditation within the stipulated 12 month period.
   5. Termination of this Agreement shall not affect any rights, remedies, obligations or 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 Agreement which existed at or before the date of termination.

1.  
2. Our liability
   1. Nothing in this Agreement limits or excludes our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      4. defective products under the Consumer Protection Act 1987.
   2. Subject to clause 19.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for:
      1. any loss of profits, sales, business, or revenue;
      2. loss or corruption of data, information or software;
      3. loss of business opportunity;
      4. loss of anticipated savings;
      5. loss of goodwill; or
      6. any indirect or consequential loss.
   3. Subject to clause 19.1 and clause 19.2, our total liability to you in respect of all other losses arising under or in connection with the Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Registration Fee.
   4. Except as expressly stated in this Agreement, we do not give any representation, warranties or undertakings in relation to our obligations as the owner and operator of the Website. Any representation, condition or warranty which might be implied or incorporated into this Agreement by statute, common law or otherwise is excluded to the fullest extent permitted by law.
3. Events outside our control
   1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 20.2.
   2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
   3. If an Event Outside Our Control takes place that affects the performance of our obligations under the Agreement:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
4. Communications between us
   1. When we refer, in this Agreement, to “in writing”, this will include e-mail.
   2. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in the Registration.
   3. Any notice or other communication given by you to us, or by us to you, under or in connection with this Agreement shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on the Website.
   4. A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on the Website, immediately.
   5. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
   6. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
5. No partnership or agency
   1. Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
   2. Each party confirms it is acting on its own behalf and not for the benefit of any other person.
6. Entire agreement
   1. This Agreement and the documents referred to in it, constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
   2. Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement.
   3. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
   4. Nothing in this clause shall limit or exclude any liability for fraud.
7. Other important terms
   1. We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement. We will always notify you in writing or by posting on the Website if this happens.
   2. You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
   3. The Agreement is between you and us. No other person shall have any rights to enforce the Agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
   4. Each of the clauses of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
   5. If we fail to insist that you perform any of your obligations under the Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
   6. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
   7. We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

Contact us

To contact us, please email info@saveface.co.uk.

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