Thank you for your interest in Fvce, the UKs first aesthetic platform connecting qualified practitioners to consumers looking for non-invasive cosmetic treatments.
We stand for safety and transparency within the industry so please do read our terms below to ensure the smoothest possible service.
You confirm that you are of legal age to access and use the Fvce platform (our Site, our App and / or the Services) and are of legal capacity to agree to our terms. You are not eligible to use the Services if you are under the age of 18.
FVCE acts in its capacity as an agent and does not employ any of the practitioners nor will it be held liable for them. Each practitioner does have their own insurance, and this is covered in detail in the below terms.
PLEASE READ THESE TERMS OF PLATFORM USE CAREFULLY BEFORE USING OUR PLATFORM. USING THE PLATFORM INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THE PLATFORM. YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM CONTENT IS PROVIDED SOLELY FOR YOUR INFORMATION. THE CONTENT DOES NOT PROVIDE YOU WITH ANY ADVICE OR RECOMMENDATION OF ANY KIND AND MUST NEVER BE USED AS A SUBSTITUTE FOR ADVICE PROVIDED BY A DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONALS.
The following definitions and rules of interpretation apply in these Terms of Platform Use.
“Aesthetic Services” means the medical advice, treatment, assistance, procedure or other services in relation to facial aesthetics to be provided by a Practitioner to a Client following acceptance of an Introduction;
“App” means the software application, FVCE App;
“Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
“Client” means a User that is registered on the Platform for the purpose of being introduced to Practitioners by FVCE for Aesthetic Services;
“Content” means all audio, video, text, images or other content and information made available by us to you through the Platform and may include content which is owned or controlled by third parties which we are permitted to make available to you through the Platform;
“FVCE, we, our or us” means FVCE Limited, a company incorporated and registered in England and Wales with company registration number 11240708 and our registered office and main trading address is 3a The Poynings, Iver, England, SL0 9DS. Our UK VAT number is 304448619;
“Introduction” means the introduction by FVCE of a Client for Aesthetic Services to a Practitioner via the Platform at the Client’s request;
(1) a User that is registered on the Platform as a health specialist having entered into a Services Agreement with us to receive Introductions and provide Aesthetic Services to Clients via the Platform; or
(2) a health specialist identified by us, at the request of the Client, as a potential provider of Aesthetic Services but is not registered on the Platform;
“Terms of Platform Use” means these Terms of Platform Use together with any documents referred to in it;
“User, you or your” means any person who uses the Platform;
“Platform” means FVCE’s website located at www.fvce.co.uk, the App and related websites, applications, services and mobile applications provided by FVCE.
1.2. Clause headings shall not affect the interpretation of these Terms of Platform Use.
1.3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.5. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.6. Unless otherwise specified, a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and shall include all subordinate legislation made from time to time under that statute or statutory provision and all orders, notices, codes of practice and guidance made under it.
1.7. Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
1.8. 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.
1.9. A working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in England.
2. ACCEPTANCE OF THE TERMS
2.1. These Terms of Platform Use are a legal agreement between the User (including Practitioners and Clients) and us for the use of our Platform. Use of the Platform includes accessing, browsing, or registering to use our Platform.
2.2. When using the Platform, you must also comply with the following terms:
2.3. Practitioners must also comply at all times with the terms of the Practitioner Services Agreement entered into with us.
2.4. By using and/or registering to use the Platform, you confirm that you accept all of the terms and conditions contained in these Terms of Platform Use.
2.5. If you do not agree to these Terms of Platform Use, you must not use the Platform.
2.6. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Platform Use and other applicable terms and conditions, and that they comply with them.
2.7. We recommend that you store or print-off a copy of these Terms of Platform Use for your records.
3. ACCEPTABLE USE PLATFORM
3.1. You may use the Platform only for lawful purposes. You must not use the Platform:
a) if you are under the age of 18;
b) in any way that breaches any applicable local, national or international law or regulation;
c) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
d) for the purpose of harming or attempting to harm minors in any way;
e) to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards at clause 5;
f) to interfere with any other user’s use or enjoyment of the Platform;
g) to attempt to clinically diagnose yourself;
h) to prescribe treatments to other users unless using as a Practitioner as defined by the Terms of Platform Use;
i) to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
j) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
k) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
3.2. You also agree:
a) not to reproduce, duplicate, copy or re-sell any part of the Platform in contravention of the provisions of our Terms of Platform Use; and
b) not to access without authority, interfere with, damage or disrupt;
c) any part of the Platform;
d) any equipment or network on which the Platform is stored;
e) any software used in the provision of the Platform; or
f) any equipment or network or software owned or used by any third party.
3.3. We may from time to time provide interactive services on the Platform, including, without limitation, instant messaging, video calls, bulletin boards, discussion boards and forums (“Interactive Services”).
3.4. Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
3.5 We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any Interactive Service provided on the Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Platform, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.
3.6 Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
CONTENT STANDARDS 3.7 These content standards apply to any and all material which you contribute to the Platform (“Contributions”), and to any Interactive Services associated with it.
3.8 You must comply with the spirit and the letter of the following standards. The standards apply to each part of any Contribution as well as to its whole.
3.9 Contributions must:
a) be accurate (where they state facts);
b) be genuinely held (where they state opinions); and
c) comply with applicable law in the UK and in any country from which they are posted.
3.10 Contributions must not:
a) contain any material which is defamatory of any person;
b) contain any material which is obscene, offensive, hateful or inflammatory;
c) promote sexually explicit material;
d) promote violence;
e) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
f) infringe any copyright, database right or trade mark of any other person;
g) be likely to deceive any person;
h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
i) promote any illegal activity;
j) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
k) be likely to harass, upset, embarrass, alarm or annoy any other person;
l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
m) give the impression that they emanate from us, if this is not the case; or
n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
3.11 If you find any content on our Platform to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal, infringing of any third party rights, deceptive in any way or otherwise in breach of our content standards, please notify us by email at email@example.com and using the subject heading “Unacceptable Content”. We take complaints seriously and on receipt of your complaint we will investigate whether the content breaches our content standards or this clause 3 and may at our discretion, remove or block access to the Content complained of.
SUSPENSION AND TERMINATION 3.12 We will determine, in our discretion, whether there has been a breach of these Terms of Platform Use through your use of the Platform. Where a breach has occurred, we may take such action as we deem appropriate.
3.13 Failure to comply with this clause 3 constitutes a material breach of the Terms of Platform Use upon which you are permitted to use the Platform, and may result in our taking all or any of the following actions:
a) immediate, temporary or permanent withdrawal of your right to use the Platform;
b) immediate, temporary or permanent removal of any posting or material uploaded by you to the Platform;
c) issue of a warning to you;
d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
e) further legal action against you; and/or
f) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
3.14 We exclude liability for actions taken in response to breaches of this clause 3. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
4. PLATFORM SERVICES
4.1. FVCE allows Users to search for Practitioners on the Platform by specialism and location and for Clients and Practitioners to schedule initial consultations and subsequent treatment via the Platform’s instant messaging tool and online booking system.
4.2. In consideration of you agreeing to abide by these Terms of Platform Use, we hereby grant to you a non-exclusive, non-transferable, licence to use the Platform.
4.3. Access to the Platform is permitted on a temporary basis and we reserve the right to withdraw or amend the Platform without notice.
4.4. Please note that certain sections of the Platform are viewable without registering with us but to actively participate, or store your information, you must register as a Client or Practitioner.
4.5. We will not be liable if for any reason the Platform is unavailable at any time or for any period.
4.6. From time to time, we may restrict access to all or some parts of the Platform to Users who have registered with us.
4.7. You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Platform Use and that they comply with them.
4.8. We may update and change the Platform and the Content from time to time to reflect changes to our products, our users' needs and our business priorities. However, please note that any of the Content on the Platform may be out of date at any given time, and we are under no obligation to update it.
4.9. We do not guarantee that the Platform will be secure or free from bugs or viruses.
4.10. We cannot guarantee continuous access to the Platform. We will strive to ensure that the periods of planned unavailability, which you will be informed of when you access the Platform at the relevant time, are kept to a minimum. If the need arises, we may suspend access to the Platform, or close it indefinitely.
4.11. You are responsible for configuring your information technology, computer programmes and platform to access the Platform. You should use your own virus protection software.
4.12. You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not 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. 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 right to use the Platform will cease immediately.
5. BOOKINGS WITH PRACTITIONERS
5.1. The Content on our Platform is provided for education, scheduling, booking appointments, allowing communications between the parties and general information only. The Content provided on the Platform about the Practitioners has either been obtained by us from generally available public records and databases, written by us from publicly available information and databases, or has been submitted to us by Practitioners. We do not provide Aesthetic Services.
5.2. FVCE requires every Practitioner:
(a) to ensure that any Content he/she provides to us is accurate, complete and truthful;
(b) to use all reasonable efforts to update the Content on our Platform; and
(c) to ensure that he/she holds all active licenses, certifications, accreditations and insurance protections to provide Aesthetic Services as required by law to practice the specialties of the Aesthetic Services offered by him/her.
5.3. Notwithstanding the foregoing, FVCE makes no representations, warranties or guarantees, whether express or implied, that the Content on our Platform is accurate, complete or up-to-date.
5.4. FVCE makes no representations, warranties or guarantees, whether express or implied, as to any Practitioners’ professional qualifications, expertise, eligibility, quality of work, price or cost information, insurance coverage or insurance fee assurance, benefit information or other Content. It is the sole responsibility of the Practitioner to be eligible and capable of providing the appropriate Aesthetic Services.
5.5. In no event shall FVCE be liable to you or anyone else for any decision made or action taken by you in reliance on the Content.
5.6. We do not in any way evaluate, guarantee or recommend any Practitioner or their advice, procedures, treatment, information, and opinions or other information or Content listed or accessible through the Platform. The Platform acts only as a platform to introduce Clients to Practitioners and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any Practitioner.
5.7. The Client is ultimately responsible for choosing his/her own Practitioner. Any provision of Aesthetic Services by the Practitioner to the Client is directly between the two parties and it is acknowledged that FVCE is not a party to such arrangement, booking or contract. The provision of any Aesthetic Services by a Practitioner to a Client shall be governed by the terms of supply or contract agreed between such parties.
5.8. All Clients acknowledge and agree that any complaint, grievance or claim he/she may have that is in any way connected with a Practitioner and/or Practitioner’s practice must be addressed and/or brought directly against the Practitioner and/or their practice and not against FVCE.
5.9. Please note that the Content on the Platform is provided solely for your information and you use the Platform at your own risk. The Content does not provide you with any advice or recommendation of any kind and must never be used as a substitute for, nor does it replace professional medical advice, diagnosis, assistance or treatment or procedure. Nothing stated or posted on the Platform is intended to be and must not be taken to be the practice of medicine or other professional healthcare advice or the provision of medical care.
5.10. It is strongly recommended in all cases that Clients discuss the suitability of any potential Aesthetic Services with your own GP before proceeding with treatment. Clients must not disregard, avoid or delay obtaining medical advice from a qualified healthcare provider based on what you have read on the Platform nor use the Platform for emergency medical care or needs. In a medical emergency, immediately contact the emergency services.
5.11. Clients acknowledge that the Aesthetic Services provided by Practitioners through the Platform differ from the typical diagnosis services offered by other qualified healthcare providers. Practitioners will not have the benefit of information that would be obtained by examining a Client in person and observing his/her physical condition and, consequently, may be unaware of information that would affect the nature of the Aesthetic Services provided.
5.12. In recognition of clauses 5.10 and 5.11, Clients accept that:
(a) Practitioners do not have important information that is usually obtained through a physical examination; and
(b) the absence of a physical examination in the course of the instant messaging consultation on the Platform may impair the Practitioner’s ability to fully assess the suitability of treatment for the Client.
5.13. Practitioners listed on the Platform with whom Clients may book consultations, appointments or treatments, enter into contracts with us under which the Practitioner pays us for using the platform and associated operational and maintenance costs. All consultations, appointments or treatments must be booked through the Platform.
5.14. We will provide you with Content about the Practitioners who may be suitable to provide the Aesthetic Services you seek based on information that you provide to us such as geographical location and areas of interest. FVCE does not receive any additional fees from the Practitioners for featuring them on the Platform.
5.15. At the conclusion of each engagement, the Client shall be given the opportunity to provide feedback on the Practitioner’s performance of the Aesthetic Services.
5.16. FVCE is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of communications made during or in the context of an instant messaging consultation. By using the Platform, Clients agree that any Content that they submit may be transmitted to their selected Practitioner, and vice versa. The content of communications is entirely the responsibility of the person from whom such Content originated. You therefore may be exposed to Content that is offensive, unlawful, obscene, indecent or otherwise objectionable, in which case, please refer to clause 3.11 of these Terms of Platform Use.
5.17. It is the responsibility of the Client to provide suitable premises and facilities for the receipt of Aesthetic Services and, accordingly, the Client is responsible for security of such premises.
6. OUR INTRODUCTION CONTRACT WITH CLIENTS
6.1. Our acceptance of your order for an Introduction will take place when we email you to accept it, at which point a contract (the “Introduction Contract”) will come into existence between the Client and us which shall govern our relationship together with these Terms of Platform Use and documents referred to herein.
6.2. If we are unable to accept your order for any reason, we will inform you of this by email and will not charge you for the Introduction.
6.3. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
6.4. If you wish to make a change to the Introduction that you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Introduction, the Practitioner’s availability or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Introduction Contract.
7. PAYMENT BY CLIENT FOR INTRODUCTIONS
7.1. The price for the Introduction (the “Fees”) will be as displayed on the Platform. The Client shall make payment of the Fees to FVCE via Stripe on the Platform at the time of ordering. We will not confirm acceptance of your order in accordance with clause 7.1 until we have received payment in cleared funds into our Stripe account.
7.2. FVCE gives no warranty, nor does it accept any responsibility, for the security measures that Stripe has in place.
8. CANCELLATION OF THE INTRODUCTION CONTRACT
8.1. If the provision of Aesthetic Services to you by a Practitioner is delayed by an event outside of FVCE’s control then we will contact you to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Introduction Contract and receive a refund of the Fees in full.
8.2. The Client shall be entitled to a full refund of the Fees where he/she has a statutory right to end the Introduction Contract due to something we have done wrong, where you cancel the order within 7 days of the confirmation email under clause 6.1 (on the condition that the Client has not received any Aesthetic Services from the Practitioner).
8.3. Any Client that submits his/her cancellation of the scheduled appointment with the Practitioner less than 1 full Business Days ahead of the scheduled commencement time, other than in the circumstances detailed in clauses 8.1 and 8.2 and before receiving any Aesthetic Services, will only receive a refund of the Fees where permitted by our cancellation policy. Provided that where the Client submits his/her cancellation of the appointment earlier than 1 full Business Days ahead of the scheduled commencement time, he/she will receive a full refund of the Fees.
8.4. We may end the Introduction Contract at any time in writing to the Client’s email address on record where the Client fails to make themselves and suitable premises and facilities available for a scheduled face-to-face appointment with the Practitioner to provide the Aesthetic Services within 15 minutes of the scheduled commencement time. In this event, the Client will not be entitled to any refund of the Fees.
8.5. Where the Practitioner attends a scheduled face-to-face appointment with the Client and assesses that it would not be appropriate to provide the scheduled Aesthetic Services to the Client, the Client shall be entitled to a refund of the Fees subject to a reasonable deduction for costs already incurred.
8.6. We will refund Clients by the same method that the Client used for payment of the Fees in line with our cancellation policy.
8.7. To rearrange a scheduled appointment or cancel the Introduction Contract, you must do so via the ‘My Bookings’ section of your profile.
9. PRACTITIONER RELATIONSHIP
9.1. Neither use of the Platform, nor any other communication with FVCE shall create a licensed Practitioner/Client relationship.
9.2. FVCE is not an employer of the Practitioners, nor does it guarantee to introduce any quantity of Clients to Practitioners.
9.3. FVCE has no control over, and cannot guarantee the availability of any Practitioner at any particular time. We will not be liable for cancelled or otherwise unfilled appointments, or any injury resulting therefrom, or for any other injury resulting or arising from or related to the use of the Platform whatsoever.
9.4. Users are strongly advised to perform their own investigations on the Practitioner prior to selecting the Practitioner, including, but not limited to, making confirmatory telephone calls to the appropriate licensing or certification authorities to verify listed credentials and education, contacting and speaking with your current GP and the medical association(s) relevant to the Practitioner’s specialty.
10. CHANGES TO THESE TERMS
We may revise these Terms of Platform Use at any time. Please check this page from time to time to take notice of any changes we have made, as they are binding on you. If you do not agree to such changes, you should not use the Platform. Your continued use of the Platform after the date the modified terms are posted will constitute your acceptance of the modified terms.
11. YOUR ACCOUNT AND PASSWORD
11.1. 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.
11.2. 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 these Terms of Platform Use.
11.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
12. INTELLECTUAL PROPERTY RIGHTS
12.1. We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published on it. Those works are protected by copyright laws and other laws and treaties around the world. All such rights are reserved.
12.2. You may print off one copy, and may download extracts, of any page(s) from our Platform for your personal use and you may draw the attention of others within your organisation to Content posted on our Platform.
12.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
12.4. Our status (and that of any identified contributors) as the authors of Content on our Platform must always be acknowledged.
12.5. You must not use any part of the Content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
12.6. If you print off, copy or download any part of our Platform in breach of these Terms of Platform Use, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
12.7. We reserve all rights to pursue any remedy that we may have for breach of this clause
13. LIMITATION OF OUR LIABILITY
13.1. Nothing in these Terms of Platform Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. For the avoidance of doubt, the terms of this clause 13 shall apply equally to the Introduction Contract.
13.2. We shall bear no liability for any loss or damage caused by the negligence of a Practitioner or their failure to hold appropriate licenses, certifications, accreditations and insurances to provide Aesthetic Services lawfully.
13.3. To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms which may apply to our Platform or any Content on it.
13.4. We will not be liable to any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, our Platform; or
(b) use of or reliance on any Content displayed on our Platform.
13.5. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform or to your downloading of any Content on it, or on any website linked to it.
13.6. We assume no responsibility for the content of websites linked on our Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
13.7. Users accept that we only provide the Platform for domestic and private use. You agree not to use the Platform for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. This clause does not apply to Practitioners.
13.8. If defective digital content that we have supplied damages a device or digital content belonging to Users (other than Practitioners) and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.9. Our maximum aggregate liability under or in connection with these Terms of Platform Use and the Introduction Contract, whether in contract, tort (including negligence other than where such limitation is not permitted by law) or otherwise, shall in all circumstances be limited to a sum equal to £100,000.
14.1. Either party may terminate these Terms of Platform Use immediately and without notice to the other party. You may terminate these Terms of Platform Use by deleting your account and refraining to use the Platform.
14.2. Upon termination for any reason:
(a) all rights granted to you under these Terms of Platform Use shall cease;
(b) you must cease all activities authorised by these Terms of Platform Use ; and
(c) you must immediately delete your account and cease using the Platform and certify to us that you have done so.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1. You may not transfer, assign, subcontract, novate, charge or otherwise dispose of these Terms of Platform Use and the Introduction Contract, or any of your rights or obligations arising under them.
15.2. We may transfer, assign, subcontract, charge, novate or otherwise dispose of these Terms of Platform Use and the Introduction Contract, including any of our rights or obligations arising under them.
16. LINKING TO OUR PLATFORM
16.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
16.2. 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.
16.3. You must not establish a link to the Platform in any Platform that is not owned by you.
16.4. The Platform must not be framed on any other site, nor may you create a link to any part of our Platform other than the home page.
16.5. We reserve the right to withdraw linking permission without notice.
16.6. The Platform to which you are linking must comply in all respects with the content standards set out in these Terms of Platform Use.
16.7. If you wish to make any use of Content on our Platform other than that set out above, please contact email@example.com.
17. THIRD PARTY LINKS AND RESOURCES IN OUR PLATFORM
17.1. Where our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only.
17.2. We have no control over the contents of those sites or resources and acceptance no liability for them.
18. UPLOADING CONTENT TO THE PLATFORM
18.1. Whenever you make use of a feature that allows you to upload content to the Platform, or to make contact with other Users of the Platform, you must comply with the content standards set out in clause 3.
18.2. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
18.3. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
18.4. You are solely responsible for securing and backing up your content.
19. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
When you upload or post content to the Platform, you grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works and display that user-generated content in connection with the service provided by the Platform and across different media.
20. OUR INTELLECTUAL PROPERTY
"FVCE" is a trade mark and our logo is the copyright of FVCE. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under clause 12 (Intellectual Property Rights) of these Terms of Platform Use.
21. GENERAL TERMS
21.1. Communications. We are required to provide certain information to you in writing. By accepting Terms of Platform Use, you agree that we can communicate with you electronically either by email or by posting notices on the Platform.
21.2. Severance. If any of these Terms of Platform Use should be determined to be illegal, invalid, or otherwise unenforceable, it shall be severed and deleted. The remaining Terms of Platform Use shall survive, remain in full force and effect, and continue to be binding and enforceable.
21.3. Waiver. If we fail to insist upon strict performance of any of these Terms of Platform Use, or if we fail to exercise any of the right or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. No waiver by us of a breach of obligation arising under these Terms of Platform Use shall constitute a waiver of any other breach.
21.4. Third Party Rights. A party who is not a party to these Terms of Platform Use shall have no rights under the Contract (Rights of Third Parties) Act 1999 or otherwise as a third party to enforce any terms of these Terms of Platform Use save for any parent, subsidiary, or affiliate entity within our group company.
21.5. Entire Agreement. These Terms of Platform Use and any document expressly referred to in it constitute the whole agreement between us and supersede any previous discussions, correspondence, arrangements or understandings between us.
21.6. Law and Jurisdiction. These Terms of Platform Use 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.
21.7. Any dispute or claim arising out of or in connection with these Terms of Platform Use will be subject to the exclusive jurisdiction of the courts of England and Wales.
22. CONTACT US
To contact us, please email firstname.lastname@example.org.
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