DERMA INSTITUTE: TRAINING TERMS AND CONDITIONS
1. Definitions and Interpretation
1.1 In these Conditions, the following words have the following meanings:
Course: courses and training in the provision of aesthetics procedures provided by us;
Course Materials: all information, instructions and materials provided to you before or during the provision of the Course;
Deposit: part payment of the Fee of an amount requested by us;
Fee: the fee due for the Course;
Model: the live model patients attending the Course to allow you to administer the aesthetic procedures;
Personal Data: any information relating to an identified or identifiable individual; and
we, us: Derma Courses Limited, company number 10244032 and registered office at 6 Marsh Parade, Newcastle, Staffordshire, ST5 1DU.
1.2 Words in the singular include the plural and in the plural include the singular.
1.3 Headings shall not affect the interpretation of these Conditions.
1.4 References to a Condition are, unless otherwise provided, references to the conditions of these Conditions.
1.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.
1.6 Any phrase introduced by the words including shall be construed as illustrative and shall not limit the generality of the related general words.
2. Formation of Contract
2.1 By registering to attend a Course you agree to be bound by these Conditions which apply to the exclusion of all other terms and conditions of business, including any that you may provide, and any terms implied by law, custom or practice to the maximum extent permitted by law.
2.2 Your place on the Course is non-refundable and non-cancellable on the earlier of payment of the Deposit or payment of the Fee.
2.3 You warrant that all information that you provided to us at the time of booking is accurate and complete, including information relating to your profession, experience and your professional identification or registration number. If any information provided to us is false, incomplete or inaccurate, we shall be entitled to cancel your place on the Course without a refund.
3. Provision of the Course
3.1 We intend to provide the Course at the venue and on the date set out at the time of booking and we shall use all reasonable endeavours not to change the venue or date for the Course. But you agree that, due to circumstances beyond our control, we may be required to do so. In such circumstances, we shall notify you as soon as possible, and you may either agreed to the change of venue and/or date as the case may be, or obtain a refund of all sums paid at the date of such notification. We shall have no other liability to you if we do change the date or venue for the Course.
3.2 You shall comply with all rules and regulations of the venue for the course including all security, health and safety and other policies relating to the venue for the course that may be provided to you from time to time.
3.3 We may make changes to the Course from time to time which we consider improvements, which reflect legal or regulatory requirements or which do not materially affect the nature of the Course.
4. Your obligations
4.1 You shall do your best to attend all of the Course and to notify us if you are unable to do so.
4.2 You acknowledge and agree that you may not administer an aesthetic procedure on a Model if you have failed to attend any part of the Course, or if we reasonably believe that you have not made appropriate progress and/or understood in sufficient detail the requirements of the Course.
4.3 Notwithstanding Condition 4.2, you agree that in respect of any aesthetic procedure you administer on a Model you will administer that procedure in accordance with the Course Materials, all instructions we provide to you from time to time and to the best of your ability. You agree that you will not administer an aesthetic procedure on a Model if you are unsure of how best to carry out the aesthetic procedure.
4.4 You agree that you are responsible for arranging and paying all costs of accommodation and transport that you require to attend the Course.
4.5 You agree that we may use your name, photograph and any testimonial or review you give to us in respect of the Courses to promote the Courses in any media, anywhere in the world without restriction.
4.6 You may not assign or otherwise transfer any of your rights or obligations under these Conditions. You cannot send a replacement to attend the Course in your place. If you try to do so, we shall require the replacement to leave the Course and you shall not be entitled to a refund.
5. Deposit and Fees
5.1 We shall invoice you for the Deposit and the remaining Fee. All invoices shall be paid in full without deduction, counterclaim or set off within 30 days of receipt.
5.2 If you fail to pay any sum by the due date, we shall be entitled to refuse to provide the Course to you, and you shall not be entitled to a refund of any sums paid.
6. Course Materials
6.1 No copyrights or other intellectual property rights in the Course Materials are assigned to you. You agree that you shall not record, photograph or copy all or part of the Course.
6.2 We grant to you a non-exclusive, non-transferable right to use the Course Materials for your own purposes of professional development and improvement.
6.3 You must not make any copies of the Course Materials or distribute or share the Course Materials with any third party for any purpose, whether commercial or professional. The Course Materials are strictly confidential.
You must not remove, suppress or modify any proprietary marking from the Course Materials.
7. Data Protection and Confidentiality
7.1 You agree that as part of the Course, you will receive Personal Data about the Models. You may consider such Personal Data only to determine what aesthetic procedure is appropriate for that Model and then to administer that aesthetic procedure. You must not retain or copy the Personal Data or use it for any other purposes and you agree that all Personal Data relating to a Model is strictly confidential.
7.2 If during the Course you take a photograph of a Model, you agree only to use that photograph to review the aesthetic procedure you have administered. You may not share the photograph with any individual or on social media or otherwise online, and at the request of the Model, you shall delete the photograph from your device, including any backup made of the photograph.
8.1 Notwithstanding any recommendation made by us, you are solely responsible for ensuring that the Course is appropriate and suitable for your needs and professional purposes.
8.2 We prepare the Course Materials and provide the Courses with reasonable skill and care, and subject to Condition 3.3, in accordance with the Course description on our website, but we make no other warranty in relation to Course Materials and/or the Courses.
8.2 Our total liability to you for all claims or series of claims relating to the Course Materials and/or the Course whether in contract, negligence or otherwise for any damages, losses or expenses shall be limited to the total Fee paid by you to attend the Course. We have no liability to you in excess of a refund of the Fee.
8.3 We do not limit or exclude our liability for (a) death or personal injury resulting from our negligence; (b) fraud or fraudulent misrepresentation; and/or (c) any loss that cannot lawfully be excluded by applicable laws.
9.1 No amendment or variation to these Conditions shall be valid unless signed by our authorised representative.
9.2 No failure or delay on our part to exercise any right, power or provision under these Conditions shall operate as a waiver.
9.3 No third party shall have any right under the Contract (Rights of Third Parties) Act 1999 to enforce these Conditions.
9.4 Each of the provisions of these Conditions is severable and distinct from the others. If one or more provisions is or becomes unenforceable, the enforceability of the remaining provisions shall not be affected.
9.5 These Conditions shall be governed by and construed in accordance with English law and any proceedings arising out of or connected with the Contract shall be subject to the exclusive jurisdiction of the English courts.
Last updated: July 2019