THIS DOCUMENT IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND HOSTED AETHETICS. THE TERMS AND CONDITIONS SHALL GOVERN YOUR ENTRY TO THE EVENT AND YOUR ATTENDANCE AT THE EVENT AS A HEALTHCARE PROFESSIONAL. BY CLICKING “I ACCEPT”, OR PERFORMING ANY OTHER SIMILAR ACTION, YOU CONFIRM THAT YOU ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.
1. DEFINITIONS
1.1. The following definitions and rules of interpretation apply in this Agreement:
Account: an account which is created for the purpose of becoming a User.
Agreement: the Booking Form and the Terms and Conditions.
Booking Form: the booking form provided by Hosted Aesthetics which includes details about you and the Event.
Event: the event which you have been invited to by Hosted Aesthetics.
Event Programme: the full programme of the Event including all your Meetings, Seminars and Social Functions as may be updated by Hosted Aesthetics from time to time.
Event Information: any key information relating to the Event, as may be updated by Hosted Aesthetics from time to time, including the dates, the venue and travel and accommodation information (if applicable).
Health Practitioners: the health practitioners who attend the Event (including you).
Hosted Aesthetics: Hosted Aesthetics Ltd, a company registered in England, with company number 15447688, with its registered office at Level 5A, Maple House, 149 Tottenham Court Road, London, W1T 7NF.
Meetings: any in-person or virtual meetings, 1-1 or group meetings taking place at the Event.
Platform: the Hosted Aesthetics platform(s) or application(s) made available to you in connection with the Event.
Seminars: any seminar or conference for consultation, discussion or training at the Event.
Social Function: any social function, dinner or event at the Event.
Supplier: mean the suppliers in the aesthetics industry who have collaborated with Hosted Aesthetics to create the Event.
Terms and Conditions: means these terms and conditions.
1.1. Where the Agreement refer to ‘you’ or ‘your’, it is referring to the Health Practitioner who has accepted the Agreement as described above.
1.2. 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.
A reference to writing or written includes e-mail and any notification issued by Hosted Aesthetics via the Platform.
2. EVENT
2.1. You shall only have the right to attend the Event if Hosted Aesthetics has confirmed your attendance at the Event in writing.
2.2. You agree to fully co-operate with Hosted Aesthetics and provide any information reasonably requested by Hosted Aesthetics in connection with its organisation of the Event.
2.3. The Event Information shall be as notified to you by Hosted Aesthetics in writing.
2.4. You agree to:
2.4.1. attend all Meetings, Seminars and Social Functions in your Event Programme for their full duration; and
2.4.2. arrive at the Event for each day no later than the start time specified in the Event Programme.
2.5. Hosted Aesthetics may within a reasonable period of time before the Event seek your confirmation that you have read and agree to meet your commitments set out in the Event Programme. If you fail to provide such requested confirmation, Hosted Aesthetics may cancel your attendance at the Event.
2.6. You agree to the following Event conduct rules:
2.6.1. To behave in a courteous and respectful manner towards others at all times. Without limiting the generality of the foregoing, this includes, harassment, bullying, threats or incitements of violence, stalking or deliberate intimidation and/or publication or confidential or sensitive information.
2.6.2. To respect the privacy of others. Whilst there is not a ban on taking photography or recordings at the Event, please do so in a way that respects the privacy of others including when posting on social media or other any media.
To comply with any house rules and policies of all venues and other suppliers involved with the Event.
3. TRAVEL AND ACCOMMODATION
3.1. You shall provide your travel details to Hosted Aesthetics upon request and by no later than 90 days before the Event.
3.2. If for any reason you miss your flight or other travel organised by Hosted Aesthetics, including transfers to or from the airport, you shall be responsible for arranging any replacement travel at your own cost.
3.3. You shall be solely responsible for any additional or non-complimentary costs incurred during your stay, including, without limitation, food and beverage (which are not included as official meals as part of the Event), Wi-Fi (if not included in your package), additional nights, room upgrades.
3.4. You shall be responsible, at your own cost, for securing any visa requirements, travel permits and inoculations required to travel to and attend the Event.
4. CANCELLATIONS AND REPLACEMENTS
4.1. Whilst not encouraged, you may cancel your attendance to the Event by notifying Hosted Aesthetics in writing at support@hostedaesthetics.com. Please ensure that your cancellation notice includes your name, details of the Event and any ID number attached to any confirmation of your attendance at the Event. If you do not provide all the aforementioned information, your notice to cancel will not be deemed received for the purpose of calculating the Cancellation Fee (as defined in clause 4.2).
4.2. Save for where you are able to provide a replacement in accordance with clause 4.4 below, if you cancel you will be liable to pay the following cancellation fee (“Cancellation Fee”) to Hosted Aesthetics on demand:
4.2.1. If Hosted Aesthetics receives your cancellation notice more than 180 days before the Event is due to start, there will be no Cancellation Fee.
4.2.2. If Hosted Aesthetics receives your cancellation notice between 180 days and 120 days before the Event is due to start, there will be a £1,000 Cancellation Fee.
4.2.3. If Hosted Aesthetics receives your cancellation notice less than 120 days before the Event is due to start, there will be a £3,000 Cancellation Fee.
4.3. If you are a ‘no-show’, fail to attend the Event, fail to attend the Meetings, Seminars and Social Functions in your Event Programme, fail to provide any confirmations or meet any requirements as set out in the Agreement which are required to confirm and/or organise your attendance, and/or Hosted Aesthetics has cancelled your attendance to the Event due to your actions or omissions, you will be liable to pay the Cancellation Fee set out at clause 4.2.3 to Hosted Aesthetics on demand.
4.4. If you are able to arrange for a colleague (who shall be of at least equal seniority to you and have the same buying influence or authority within your aesthetics practice) to replace you at the Event by no later than 60 days before the Event, such replacement to be subject to Hosted Aesthetics approval, then Hosted Aesthetics shall waive the Cancellation Fee and you shall instead be liable to pay a £1,000 administrative fee (“Administrative Fee”) on demand.
Where applicable, Hosted Aesthetics shall invoice you for the Cancellation Fee or Administrative Fee which you shall be liable to pay in full without set-off or deduction within 7 days of receipt.
5. PLATFORM ACCESS
5.1. As part of your Event experience, Hosted Aesthetics may grant you access to the Platform.
5.2. You will need to create an Account to access to the Platform.
5.3. You confirm that the information you provide when creating your Account or any profile on your Account is accurate and complete, and that you will update the Platform as and when your information changes.
5.4. You agree to maintain the security and secrecy of your Account username, password and Account information.
5.5. Hosted Aesthetics may terminate, suspend, limit or restrict your access to the Platform for any reason.
You agree to comply with the Platform rules set out in Schedule 1 to these Terms and Conditions.
6. LIABILITY
6.1. References to liability in this clause include every kind of liability arising under or in connection with the Event including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise
6.2. Nothing in the Agreement shall limit any liability which cannot be limited by law.
6.3. Hosted Aesthetics takes no responsibility, and shall not be liable (including for any costs incurred):
6.3.1. if you miss your flight (or any other travel organised by Hosted Aesthetics);
6.3.2. for the insolvency or failure of any airline or travel company or hotel or ground handling company or other supplier that Hosted Aesthetics has engaged in connection with the Event;
6.3.3. for flight or travel cancellation or delay;
6.3.4. if you are refused permission to board the aircraft or entry to the destination where the Event is being hosted for any reason whatsoever;
6.3.5. for any delay or loss of baggage or excess baggage charges;
6.3.6. for any costs incurred as a result of being refused entry to the Event or being asked to leave the Event (or any part thereof) (whether it is by Hosted Aesthetics or in accordance with the Agreement or any third party in accordance with their own terms or policies);
6.3.7. for any injury you may suffer or sustain whilst at the Event, or travelling to or from the Event; and/or
6.3.8. for the actions, conduct, omissions or failings of any third parties including other Third Party Suppliers, Health Practitioners and Third Party Sponsors.
6.4. You agree to obtain adequate travel insurance coverage for your travel and attendance at the Event from a reputable insurance provider which shall include cancellation cover, baggage loss or damage cover and medical cover in respect of business and personal travel.
Hosted Aesthetics’ total and aggregate liability to you under this Agreement shall not exceed £3,000 (being the value of the Cancellation Fee).
7. CANCELLING OR RESCHEDULING THE EVENT
7.1. Hosted Aesthetics reserves the right to (without liability):
7.1.1. make reasonable changes to the Event, or reschedule or postpone the Event, whether as a result of a Force Majeure Event or otherwise; or
7.1.2. cancel the Event.
Where reasonable changes are made to the Event, you shall remain liable to attend the Event in accordance with the Agreement. Where the Event is rescheduled or postponed, Hosted Aesthetics shall notify you in writing and re-confirm your attendance to Event.
8. GENERAL
8.1. You confirm that all information provided to Hosted Aesthetics is accurate, including any information uploaded to the Platform. This includes with respect to your experience, qualifications, accreditations and certifications. If at any point in time Hosted Aesthetics reasonably suspects that any information provided is inaccurate or false, then Hosted Aesthetics reserves the right to cancel your attendance at the Event.
8.2. You agree before, during or after the Event, not to make any disparaging or negative comments about the Event or Hosted Aesthetics or say any thing which could damage Hosted Aesthetics’ reputation.
8.3. You acknowledge and agree that your right to attend the Event is conditional upon your acceptance and continued compliance with the Agreement.
8.4. Under data protection law, Hosted Aesthetics is required to provide you with certain information about its processing of your personal data. This information is provided in its privacy policy: view the privacy policy here (“Privacy Policy”). By accepting the Agreement, you confirm that you have read and understood the Privacy Policy.
8.5. Hosted Aesthetics shall not be in breach of the Agreement nor liable for delay in performing, or failure to perform, any of its obligations under the Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control (a “Force Majeure Event”).
8.6. These Agreement constitute the entire agreement between the parties. These Agreement apply to the exclusion of any terms that you (or any third party) seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
8.7. Hosted Aesthetics may transfer its rights and obligations under the Agreement to another organization or third party. We will always tell you in writing if this happens. You may only transfer your rights or your obligations under the Agreement to another person if we agree in writing.
8.8. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other party, except as permitted by this clause. Hosted Aesthetics may disclose your confidential information to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under the Agreement or complying with its obligations under applicable law.
8.9. The Agreement do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
8.10. If any provision or part-provision of the Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Agreement.
8.11. If one party gives notice to the other of the possibility that any provision or part-provision of the Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
8.12. No variation of the Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
8.13. A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
8.14. The Agreement 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.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.
You agree that you will:
– not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform in any form, in whole or in part to any person without prior written consent from Hosted Aesthetics;
– not copy the Platform except as part of the normal use of the Platform or where it is necessary for the purpose of back-up or operational security;
– not translate, merge, adapt, vary, alter or modify, the whole or any part of Platform nor permit Platform or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform on devices as permitted in these Terms and Conditions;
– not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited; and
– comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform.
You must not:
– use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any operating system;
– infringe Hosted Aesthetics’ intellectual property rights or those of any third party in relation to your use of the Platform, including by the submission of any material;
– transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;
– use the Platform in a way that could damage, disable, overburden, impair or compromise Hosted Aesthetics’ systems or security or interfere with other users;
– collect or harvest any information or data from the Platform or Hosted Aesthetics’ systems or attempt to decipher any transmissions to or from the servers running the Platform;
– knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise interacts harmfully with the Platform;
– attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer, database, equipment or network connected with the Platform.
– interfere with, damage or disrupt any software used in the provision of the Platform or any server, computer, database, equipment, network software owned or used by any third party on which the Platform relies in any way; and attack the Platform 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.
