WEBSITE TERMS OF USE
These Terms of Use govern your use of our website; by using our website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use our website.
License to Use This website
Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from this website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
You Must Not
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution Acceptable use].
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not 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.
You must not 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 not use our website to transmit or send unsolicited commercial communications.
You must not use our website for any purposes related to marketing without our express written consent.
User Generated Content
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.
Restricted Access
Access to certain areas of our website is restricted. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion.
If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.
We may disable your user ID and password in our sole discretion without notice or explanation.
Limited Warranties
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Use:
- are subject to the preceding paragraph; and
- govern all liabilities arising under the Terms of Use or in relation to the subject matter of the Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
Nothing in These Terms of Use Will
- limit or exclude our or your liability for death or personal injury resulting from negligence;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
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.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Use:
- are subject to the preceding paragraph; and
- govern all liabilities arising under the Terms of Use or in relation to the subject matter of the Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
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.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
Indemnity
You hereby indemnify us and undertake to keep us indemnified against any 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 on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.
Breaches of these Terms of Use
Without prejudice to our other rights under these Terms of Use, if you breach these Terms of Use in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
We may revise these Terms of Use from time-to-time. Revised Terms of Use will apply to the use of our website from the date of the publication of the revised Terms of Use on our website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.
Severability
If a provision of these Terms of Use 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 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.
Exclusion of Third Party Rights
If a provision of these Terms of Use 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 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.
Entire Agreement
If a provision of these Terms of Use 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 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.
Law and Jurisdiction
These Terms of Use will be governed by and construed in accordance with English law, and any disputes relating to these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
PRIVACY POLICY
The policy: This privacy policy is for this website; www.michelle-louise.com and served by permanent makeup by Michelle Louise the trading name of Michelle Downes, sole trader, whose principal place of business is 108 Wren Road, Sidcup, Kent, DA14 4NF and governs the privacy of its users who choose to use it. It explains how we comply with the GDPR (General Data Protection Regulation), the DPA (Data Protection Act) [pre GDPR enforcement] and the PECR (Privacy and Electronic Communications Regulations).
This policy will explain areas of this website that may affect your privacy and personal details, how we process, collect, manage and store those details and how your rights under the GDPR, DPA & PECR are adhere to. Additionally, it will explain the use of cookies or software, advertising or commercial sponsorship from third parties and the download of any documents, files or software made available to you (if any) on this website. Further explanations may be provided for specific pages or features of this website in order to help you understand how we, this website and its third parties (if any) interact with you and your computer / device in order to serve it to you. Our contact information is provided if you have any questions.
The DPA & GDPR May 2018
We and this website complies to the DPA (Data Protection Act 1998) and to the GDPR (General Data Protection Regulation) which came into effect as of 25 May 2018. We will update this policy accordingly after the completion of the UK’s exit from the European Union.
Use of Cookies
This website uses cookies to better the users experience while visiting the website. As required by legislation, where applicable this website uses a cookie control system, allowing the user to give explicit permission or to deny the use of /saving of cookies on their computer / device.
What are cookies? Cookies are small files saved to the user’s computers hard drive that track, save and store information about the user’s interactions and usage of the website. This allows the website, through its server to provide the users with a tailored experience within this website.
Users are advised that if they wish to deny the use and saving of cookies from this website on to their computers hard drive they should take necessary steps within their web browsers security settings to block all cookies from this website and its external serving vendors or use the cookie control system if available upon their first visit.
Website Visitor Tracking
This website uses tracking software to monitor its visitors to better understand how they use it. The software will save a cookie to your computers hard drive in order to track and monitor your engagement and usage of the website, but will not store, save or collect personal information.
Adverts and Sponsored Links
This website may contain sponsored links and adverts. These will typically be served through our advertising partners, to whom may have detailed privacy policies relating directly to the adverts they serve.
Clicking on any such adverts will send you to the advertisers website through a referral program which may use cookies and will track the number of referrals sent from this website. This may include the use of cookies which may in turn be saved on your computers hard drive. Users should therefore note they click on sponsored external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Downloads & Media Files
Any downloadable documents, files or media made available on this website are provided to users at their own risk. While all precautions have been undertaken to ensure only genuine downloads are available users are advised to verify their authenticity using third party anti-virus software or similar applications.
We accept no responsibility for third party downloads and downloads provided by external third-party websites and advise users to verify their authenticity using third party anti-virus software or similar applications.
Contact & Communication With us
Users contacting this us through this website do so at their own discretion and provide any such personal details requested at their own risk. Your personal information is kept private and stored securely until a time it is no longer required or has no use.
Where we have clearly stated and made you aware of the fact, and where you have given your express permission, we may use your details to send you products/services information through a mailing list system. This is done in accordance with the regulations named in ‘The policy’ above.
Email Mailing List & Marketing Messages
We operate an email mailing list program, used to inform subscribers about products, services and/or news we supply/publish. Users can subscribe through an online automated process where they have given their explicit permission. Subscriber personal details are collected, processed, managed and stored in accordance with the regulations named in ‘The policy’ above. Subscribers can unsubscribe at any time through an automated online service, or if not available, other means as detailed in the footer of sent marketing messages. The type and content of marketing messages subscribers receive, and if it may contain third party content, is clearly outlined at the point of subscription.
Email marketing messages may contain tracking beacons / tracked clickable links or similar server technologies in order to track subscriber activity within email marketing messages. Where used, such marketing messages may record a range of subscriber data relating to engagement, geographic, demographics and already stored subscriber data.
External Website Links & Third Parties
Although we only look to include quality, safe and relevant external links, users are advised to adopt a policy of caution before clicking any external web links mentioned throughout this website.
Shortened URL’s; URL shortening is a technique used on the web to shorten URL’s (Uniform Resource Locators) to something substantially shorter. This technique is especially used in social media and looks similar to this (example: http://bit.ly/zyVUBo). Users should take caution before clicking on shortened URL links and verify their authenticity before proceeding.
We cannot guarantee or verify the contents of any externally linked website despite our best efforts. Users should therefore note they click on external links at their own risk and we cannot be held liable for any damages or implications caused by visiting any external links mentioned.
Social Media Policy & Usage
We adopt a Social Media Policy to ensure our business and our staff conduct themselves accordingly online. While we may have official profiles on social media platforms users are advised to verify authenticity of such profiles before engaging with, or sharing information with such profiles. We will never ask for user passwords or personal details on social media platforms. Users are advised to conduct themselves appropriately when engaging with us on social media.
There may be instances where our website features social sharing buttons, which help share web content directly from web pages to the respective social media platforms. You use social sharing buttons at your own discretion and accept that doing so may publish content to your social media profile feed or page. You can find further information about some social media privacy and usage policies in the resources section below.
Resources & Further Information
Overview of the GDPR – General Data Protection Regulation
Privacy and Electronic Communications Regulations 2003
GENERAL TERMS & CONDITIONS
These Terms and Conditions are the standard terms which apply:
to provision to customers of any Services (as “Services” is defined in Clause 1 below) by Permanent Makeup by Michelle Louise, the trading name of Michelle Downes, sole trader, with principal place of business is 108 Wren Road, Sidcup, Kent, DA14 4NF, and where the customer is a “Consumer” as defined by the Consumer Rights Act 2015.
Definitions and Interpretation
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business” means any business, trade, craft, or profession carried on by You or any other person/organisation;
“We/Us/Our” means Permanent Makeup by Michelle Louise whose place of business and contact address is the same address as above;
“Consent Form” means the written form recording Your informed consent to Treatment required by Us and given to You before any Treatment commences.
“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual customer of the Us who receives Services for the customer’s personal use and for purposes wholly or mainly outside the purposes of any Business;
“Price List” means Our standard price lists for all of the Services which We offer;
“Regulations” means The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
“Risks” means the risks inherent in the provision of the Services including but not limited to allergic reaction to a Treatment, minor bruising, swelling, flaking, tenderness, dryness, corneal abrasion and infection in and around the area of Treatment following a Treatment.
“Services” means any and all of the cosmetic and aesthetic treatments, facilities, services, products and other goods and materials which we provide/use for Personal and Non-commercial Use; and
“Website” means www.michelle-louise.com.
“You/Your” means an individual who is a customer of the Clinics.
Unless the context otherwise requires, each reference in these Terms and Conditions to “these Terms and Conditions” is a reference to these Terms and Conditions; and
a Clause is a reference to a Clause of these Terms and Conditions.
The headings used in these Terms and Conditions are for convenience only and shall not affect the interpretation of these Terms and Conditions.
Words signifying the singular number shall include the plural and vice versa; and
References to any gender shall include the other gender.
Appointments
The Services, which We offer are only available by appointment. You may book an appointment in person, via telephone, email, via Our website or Facebook.
Your request for a booking for an appointment will be an offer, but whether We accept any booking will be for Us to decide at Our discretion. Only if and when We tell You that We accept Your request for a particular appointment, will there be a binding contract between You and Us. If You wish to make a booking for two or more appointments by means of a single booking and in Our discretion We accept that booking, Our contract with You will be for all of the appointments concerned.
Initial consultation appointments are free.
When You book an appointment for a first treatment, We require You to pay Us a Deposit of £50, which is non-refundable if You later cancel the appointment without giving Us prior notice of at least 48 hours.
We will not reserve or guarantee any particular date and/or time which You request for any Services unless You book an appointment for that time/date and We have received full payment of Your Deposit.
If You know You are going to be late for an appointment, You should contact Us to tell Us no less than 20 minutes before Your appointment time. If You arrive later than 20 minutes after an appointment time, We will try to provide the Services You have booked but if We decide that We cannot, the appointment will be treated as cancelled without notice by You and, if We then decide to make a charge for that appointment cancelled without notice You may cancel an appointment without charge if You give Us at least 48 hours’ prior notice of the cancellation, and if You do so We will refund to You any sum (including, but not limited to any deposit) You paid in advance.
If you re-book a first treatment appointment having paid a Deposit this Deposit will be transferred to your new booking. However, should you cancel and rebook after making a second booking any subsequent transfer of your Deposit will be at Our discretion.
If You do not give Us at least 48 hours’ prior notice of cancellation of an appointment, We will be entitled to charge You for any net financial loss that We suffer due to Your cancellation but not more than Your Deposit. We will be entitled to deduct that charge from any sum (including, but not limited to Your Deposit) You paid in advance, and We shall refund the balance to You.
If, due to exceptional circumstances including, but not limited to, illness, accidents and bereavement, You cancel an appointment without giving Us at least 48 hours’ prior notice, We will consider the circumstances and in Our discretion decide whether to waive any charge for late cancellation.
We may cancel an appointment booked by You at any time before the time and date of that appointment in the following circumstances:
The required personnel and/or required materials necessary for the provision of the
Services are not available; or
An event outside of Our reasonable control continues for more than seven days; or
We find that you are not a “Consumer” (as defined in Definitions and Interpretations above).
If We cancel an appointment in such circumstances We will refund to You in full any deposit or other advance payment that You have made to Us for that appointment.
We will use all reasonable endeavours to start the Services at the appointment time which You have booked, but the start may be delayed by overrun of a previous appointment or by other circumstances.
If a delay to the start is at least 30 minutes, or, if at any time before or after You arrive for an appointment We notify You that there will be a delay of at least that time, You may cancel the appointment and We will refund to You in full any deposit or other advance payment that You have made to Us for that appointment.
Where the contract We make with You is not made on Our premises, the Regulations give You the right to cancel a booking, without reason, during the 14 day period after We accept that booking, but if the booking includes any appointment(s) on a date which is before the end of that period, and if You have expressly requested Us to provide any Services at that or those appointment(s) and We do so, You may not cancel that or those requested appointment(s) and You must pay for them in accordance with Fees and Payments below, and You may only cancel any other appointment(s) covered by that booking. If You request that Your booking be cancelled, You must confirm this in any way convenient to You. If You cancel as allowed by, and You have already made any payment(s) to Us for the booking, We will refund the payment(s) to You within 14 days of receiving Your cancellation less the amount due for the appointment(s) covered by that booking that You have attended.
Fees and Payment
You must pay in accordance with Our Price List for all Services on completion of those that We have fully and correctly provided to You.
You may pay Us for Services (and for any deposit or other advance payment on account of that payment) using any of the following methods:
Credit/debit card;
Cash; or
PayPal.
We may alter Our prices without prior notice, but if the price of any Services increases between the time when You book an appointment and the date of the appointment, the price increase will not apply to Your appointment for those Services on that date; and
All prices of Services shown in the Price List are inclusive of VAT where applicable.
Eligibility for Treatment
You confirm that, in connection with your request(s) to receive any Services from Us, You are and will be a “Consumer” as defined in Definitions and Interpretation above;
We will not provide any treatments to You unless You are aged 18 or over. We may require evidence of Your age for that purpose.
You accept and agree that We will provide advice and treatment plans based on the information provided by You. Our advice and treatment is not a clinical treatment plan and it is not mandatory for You to follow Our advice and treatment.
We are entitled to rely without further enquiry of You on the consent to Treatment given by You on the Consent Form.
If You are pregnant or have a medical condition, certain treatments may be unsuitable for You. We advise You to tell Us of any medical condition or on-going medical treatment when You book an appointment. If You do not tell Us at that time We will be entitled not to provide a treatment (or part of it) and to treat the appointment (or the affected part of it) as cancelled by You without notice, in which case We may make a charge to You for the cancelled appointment (or part of it) as set out in Appointments above.
We will require You to take a patch test before We provide with any Treatments.
Our Rules
We do not permit You to smoke at Our premises; make or receive mobile phone calls during Your Treatment; or be accompanied at the treatment/procedure by any child/ren under the age of 12 as We do not have an appropriate member of staff to supervise them.
Limitation of Liability
We will only be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by You and Us when Our contract with You is created.
You agree that You accept Treatments at Your own risk and that We will not be responsible for any loss or damage that is not foreseeable including effects or adverse reactions that occur after We complete Your Treatment.
You agree that you will follow any recommendations We may give you for aftercare.
You agree that your personal skin characteristics may create Risks which are beyond our control and for which you will take sole responsibility.
We provide or sell all Services to You only for Your personal and private use/purposes.
We make no warranty or representation that products, or other goods or materials that we provide or sell to You are fit for commercial, business, industrial, trade, craft or professional purposes of any kind (including resale). We will not be liable to You for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
Nothing in these Terms and Conditions is intended to or will exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation.
Furthermore, if you are a “consumer” as defined by the Consumer Rights Act 2015, or a consumer for the purposes of any other consumer protection legislation, nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You, under:
the Consumer Rights Act 2015;
the Regulations;
the Consumer Protection Act 1987; or
any other consumer protection legislation as that legislation is amended from time to time.
For more details of Your legal rights, please refer to Your local Citizens’ Advice Bureau or Trading Standard Office.
Changes to Terms & Conditions
We may from time to time change these Terms and Conditions without giving You notice, but We will use Our reasonable endeavours to inform You as soon as is reasonably possible of any such change.
How We Use Your Personal Information
In so far as the Services involve Us in collecting, using, or holding or otherwise processing any Data obtained from You which is personal data (including, but not limited to, Your name and address), We shall only do so with Your express consent and in accordance with any lawful instructions reasonably given by You from time to time, and the provisions of the Data Protection Act 1998 and GDPR (General Data Protection Regulation), which came into effect as of 25 May 2018, and Your rights under these Acts and these Terms and Conditions.
We may use Your personal information as follows: to provide Our Services to You;
to process Your payment for the Services; and We will not pass on Your personal information to any other third parties without first obtaining Your express permission.
Regulations
We are required by the Regulations to ensure that certain information is given or made available to You as a Consumer before We make Our contract with You (i.e. before We accept Your request to make a booking) except where that information is already apparent from the context of the transaction. We have included the information itself either in these Terms and Conditions for You to see now, or We will make it available to You before We accept Your request to make a booking. All of that information will, as required by the Regulations, be part of the terms of Our contract with You as a Consumer.
Information
As required by the Regulations: all of the information described in Regulations; and
any other information which We give to You about any Services or Us, which You take into account when deciding to make a booking or when making any other decision about the Services; will be part of the terms of Our contract with You as a Consumer.
Complaints
We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that Your experience as a customer of Ours is a positive one, We nevertheless want to hear from You if You have any cause for complaint. If You have any complaint about Our Services or any complaint about Our staff, please ask for a copy of Our Complaints Policy.
No Waiver
No failure or delay by Us or You in exercising any rights under these Terms and Conditions means that We or You have waived that right, and no waiver by Us or You of a breach of any provision of these Terms and Conditions means that We or You will waive any subsequent breach of the same or any other provision.
Severance
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.
Law and Jurisdiction
These Terms and Conditions and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English Law; and Any dispute, controversy, proceedings or claim between You and Us relating to these Terms and Conditions (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.
GIFT VOUCHER TERMS AND CONDITIONS
Provided below is the terms and conditions for gift vouchers issued by Permanent Makeup by Michelle Louise, the trading name of Michelle Downes, sole trader, whose principal place of business is 108 Wren Road, Sidcup, DA14 4NF.
This gift voucher is only good for a single transaction; any remaining amount is not exchangeable with cash or another voucher and will be automatically forfeited.
The gift voucher is completely non-refundable nor is it exchangeable.
Any additional cost exceeding the value of this voucher will be paid by the redeemer.
This gift voucher will be considered null and void without the Expiry Date and Authorized Signature being filled up, seal and other authentication signs or if tampered.
This gift voucher will not be replaced when lost, damaged or stolen.
In the event of any dispute, the decision of Permanent Makeup by Michelle Louise is final.
Permanent Makeup by Michelle Louise reserves the right to amend these terms and conditions without prior notice.