Terms and Conditions

CONSULTINGROOM.COM LTD SITE DISPLAY TERMS
PLEASE READ THE TERMS AND CONDITIONS THEN ACCEPT THEM WHEN REGISTERING ONLINE VIA THE TICK BOX

The terms agreed between the Consultingroom.com Limited ("Consultingroom") (whose registered offices are at: Burgis & Bullock, 2 Chapel Court, Holly Walk, Leamington Spa, CV32 4YS) and the business wishing to display on the Site ("Subscriber") are as follows: -

1. In return for an annual payment in advance or a monthly direct debit subscription via GoCardless ("the Fee") as notified to the Subscriber in the Consultingrooms acceptance of booking ("Consultingroom Acceptance") the Subscriber shall receive a display on the Sites.("the Display")
2. The Subscriber shall specify its full display details including all artwork, web site links, contact details, treatments offered, in a Display Request and that request will be subject to Consultingroom Acceptance and these terms and conditions ("the Terms") and no other terms shall apply unless notified by the Consultingroom.
3. The Subscriber is fully responsible for the accuracy of Display Request, the provision of information in a suitable format and the supply within a reasonable period to allow the Consultingroom to display the same within any time frame stated in the Consultingroom Acceptance. The Subscriber must also retain all back up and archive copies of any images used in the Display Request or supplied to the Consultingroom at any time.
4. The Consultingroom will make reasonable efforts to make the Display within any agreed time periods and to properly maintain the Display. It is recognized by the Subscriber that the Display is not business critical and the Fee reflects the same. Consequently, Consultingroom does not provide any guarantee regarding time periods or the Display maintenance.
5. Any refund will be at the discretion of the Consultingroom depending on the reason for termination. The Subscriber may terminate the Display at any time by giving 28 days written notice. The Subscriber shall receive a refund of the Fee pro rata the number of months remaining following the termination date of the notice.
6. Acceptance of any Display Request is entirely at the discretion of the Consultingroom and the Consultingroom may terminate the Display at any time.
   
7. The Consultingroom may at any time make changes to the Display (including the positioning on the Site) providing such changes are not materially detrimental.
8. The Fee is inclusive of VAT and will be reviewed at any annual renewal and shall be paid by due date shown on invoice. The Consultingroom may process the Fee payment but acceptance shall not take place until receipt of the Consultingroom Acceptance and if that acceptance does not take place the Fee will be refunded in full.
9.  If no renewal application is made 28 days before the annual review then the Display will be removed. Reminders will be issued by the Consultingroom.
10. The Subscriber confirms and grants all necessary rights for the use of any date or information detailed in the Display Request and to maintain any hyperlink. The Consultingroom also grants a non exclusive, royalty free right and licence for the Subscriber to hyperlink to the Site. Such rights shall terminate following termination of this agreement. The Subscriber also grants to the Consultingroom free use and access to all demographic and other information obtained by the Consultingroom due to its use and operation of the Site. Such information shall not relate to personal data within the meaning of the Data Protection Act 1998 and related legislation.
11. Each Subscriber and any material which he/she posts onto the Website including links to other websites and the contents of those websites ("Material") must comply with (and the subscriber shall be solely responsible for) the following basic standards:
    • All information and activities must be legal, decent and honest (in terms of English law and standards);
    • European and English Data protection legislation must be adhered to including the improper collection and disclosure of personal information; 
    • Distance selling requirements must be complied with as laid down by European and English law;
    • Compliance with applicable European and English trading standards and laws and regulations as the same are created from time to time;
    • Compliance with Copyright and other intellectual property rights (including appropriate consents for patient photographs or any other images);
    • Compliance with Committee for Advertising Practice (CAP) code and UK medicines regulations, particularly in relation to the promotion of prescription only medicines to the public;
    • Each Subscriber is solely responsible for maintaining the confidentiality of its unique logon ID, and for its use and misuse. 
12.  Each Subscriber agrees to indemnify and keep indemnified Consultingroom, their successors and assigns, and it's directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from its use of and from any material contained in the Display Request and/or posted on the Website.
    • Save in the case of death or personal injury due to the negligence of the Consultingroom, in no event will the Consultingroom be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Subscriber's access to, or use of the Website, any material thereon or any goods, materials or services available there from, or for the Display or lack of Display, whether based in contract, tort and whether negligent or otherwise, even if any Website Owner has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, the Consultingroom's aggregate total liability to any Subscriber for all such damages and losses shall be limited to the current Fee paid by the Subscriber.
      
    • The Terms shall be governed by English Law and subject to the jurisdiction of the English Courts.
13. Consultingroom will, upon registration by the Subscriber, check for the current and up to date registration of key medical personnel (employed by the Subscriber or the Subscriber themselves) with their respective UK professional medical regulatory bodies including, but not limited to, the General Medical Council (GMC), the General Dental Council (GDC), the Nursing & Midwifery Council (NMC) and the General Pharmaceutical Council (GPhC), and any other appropriate bodies in Ireland. Registration numbers will be stored and appear on the Display for the Subscriber.
    
    Similarly, where locally applicable registerable services are performed by the Subscriber, such as, but not limited to, cosmetic surgery, cosmetic and medical laser services and treatment for disease, disorder or injury, in England or devolved nations within the United Kingdom (Wales, Scotland or Northern Ireland) or similar in Ireland, Consultingroom will perform checks on certification, and registration numbers will be stored. Any Subscriber applicant found to be in breach of a local territory registration requirement for registerable services will not be permitted as a Subscriber to Consultingroom.
    
    It is the responsibility of the Subscriber to ensure that such registrations are maintained and renewed upon expiry, and to notify Consultingroom if there is any lapse or suspension for any reason. If Consultingroom are informed of an individual being suspended or struck off a medical regulator's accredited register then it has the right to withdraw the Subscriber's Display, unless the individual is no longer employed by the Subscriber. The same is true if we are informed of exclusion or expulsion from a statutory regulator’s register.
    
    It is also the responsibility of the Subscriber to adhere to the Scope of Practice of their regulator and the professional codes of conduct laid down by them, particularly in the case of specific codes related to delivery of cosmetic interventions such as the Guidance for Doctors who offer cosmetic interventions (GMC, June 2016.)
    
    Similarly, responsibility for operating a clinic business and providing treatments in suitable facilities lies with the Subscriber. Consultingroom has the right to reject registration from any Subscriber known to be delivering cosmetic interventions in unsuitable locations or premises, where best practice and patient safety is compromised, such as trade show environments, cruise ships, party environments or similar, even if this is not the primary business activity of the Subscriber. Similarly, if a Subscriber is known to be training inappropriate individuals, who have inadequate medical knowledge, to perform minimally invasive cosmetic interventions, this will also be cause for rejection of their registration. Should we be informed of such activities being undertaken by a Subscriber after acceptance, we also reserve the right to remove their Display.
    
    We base our acceptance policy both on our own ethical standards, driven by adherence to best practice and patient safety awareness, and on the current recommendations given by Health Education England (HEE) in November 2015 (Part One: Qualification requirements for delivery of cosmetic procedures: Non-surgical cosmetic interventions and hair restoration surgery).
    
    For those Subscribers offering non-surgical cosmetic interventions such as prescription only medicines (POMs) and non-prescription (medical device) cosmetic injectables, including botulinum toxins and dermal fillers, Consultingroom policy will only permit Subscribers to our directory who can demonstrate operation of a medically-led business model where an independent prescriber and clinical oversight for treatment delivery is in place.
    
    According to the HEE, those health professionals who are eligible to provide clinical oversight for botulinum toxin and dermal filler administration include, doctors, dentists, independent nurse prescribers and independent pharmacist prescribers.
    
    Clinical oversight for cosmetic treatments cannot be provided by beauty therapists, dental nurses, orthodontic therapists, dental technicians, pharmacy technicians, pharmacy assistants, optical assistants, laser protection advisors or laser protection supervisors.
    
    We will therefore not permit Subscribers to our directory who are operating a non-medically-led business, carrying out prescription only and non-prescription cosmetic injectable treatments, such as botulinum toxins and dermal fillers, with non-medical practitioners, using a prescribing service, without the direct supervision and clinical oversight of an independent prescriber with cosmetic treatment training and experience, even if the non-medical Subscriber can demonstrate adequate HEE level 6 or 7 style qualifications.
    
    The HEE report, Part One: Qualifications requirements for delivery of cosmetic procedures: non-surgical cosmetic interventions and hair restoration surgery, point 2.27, states:
    
    “…, Keogh sought to address the patient safety aspect by requiring professional/clinical oversight of non-healthcare practitioners for some more complex procedures, and this is the approach underlying these qualification requirements. This recognises the risks associated with certain procedures and the need for practitioners to have access to and support from experienced clinicians who are able to deal with medical emergency situations and complications and, where appropriate, have independent prescribing rights.”
    
    We may review this policy in the future if the requirements for clinical supervision are further clarified or amended when the HEE qualification framework is fully implemented into the sector.
    
    The Joint Council for Cosmetic Practitioners (JCCP) has now produced a revised education and training standards competency framework that builds on the 2015 HEE Education and Training Framework entitled ‘Qualification requirements for delivery of cosmetic procedures: Non-surgical cosmetic interventions and hair restoration surgery’. This framework was transferred to the JCCP from HEE for "custodianship" and "stewardship" in May, 2016 and is now formally owned and overseen by the JCCP. More information available here: JCCP.org.uk