The Company may revise these Terms and Conditions at any time by amending this page. Please check this page from time to time to take notice of any changes made, as they are binding on you.

3.1 Definitions:

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Company: Wigmore Medical Ltd

Conditions: these terms and conditions as amended from time to time.

Contract: the contract between the Company and the Delegate for the supply of Training Course (s) in accordance with these Conditions.

Delegate: the person or firm who books on to a Company Training Course. A Delegate is not a consumer under the Consumer Protection Act 2015.

Delegate Default: has the meaning set out in Clause 6.2.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, rights in get-up goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Trainer: the professional leading the Training Course.

Training Course (s): training courses as set out in Schedule 1

3.2 INTERPRETATION:

(a) A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

(b) 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.

(c) A reference to writing or written includes email.

4.1 A contract is formed when the Delegate books onto a Training Course, and the booking is accepted in writing by the Company. Acceptance by the Company may be affected by the experience and professional qualification of the Customer, as some courses may only be undertaken by qualified medical professionals.

4.2 Where the Training Course attracts a fee, the Contract will be formed when payment is received by the Company, following the acceptance of the booking by the Company.

4.3 Any samples, drawings, descriptive matter or advertising issued by the Company, and any descriptions or illustrations contained in the Company’s catalogues or brochures, are issued or published for the sole purpose of giving an approximate idea of the Training Courses described in them. They shall not form part of the Contract or have any contractual force.

4.4 These Conditions apply to the Contract to the exclusion of any other terms that the Delegate seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

4.5 Any quotation given by the Company shall not constitute an offer and is only valid for a period of 30 days from its date of issue.

5.1 The Company shall use all reasonable endeavours to hold the Training Courses on the dates advertised, however, should Training Courses be cancelled for any reason, the Company will use all reasonable endeavours to run the Training Courses on a nearby-future date. Time shall not be of the essence for performance of the Training Courses. Trainers may be subject to change.

5.2 The Company reserves the right to amend the Training Course content, if necessary, to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Training Courses.

5.3 The Company warrants to the Delegate that the Training Courses will be provided using reasonable care and skill.

5.4 The Company and/or Trainer, reserves the right to make changes to the learning materials at any time. The information contained in the learning materials are provided on an ‘as is’ basis and intended for the Delegates accepted onto the Training Courses. Such materials are provided without warranty of any kind, express or implied.

5.5 Delegates will receive a certificate following the completion of the Training Course, and CPD points where applicable.

6.1 The Delegate shall:

(a) Book onto the course no less than five (5) days before the course date and ensure that information it provides to book onto a course is complete and accurate.

(b) Provide the Company with such information as the Company may reasonably require in order to supply the Training Courses and ensure that such information is complete and accurate in all material respects.

(c) Provide any dietary requirements no later than 48 hours before the training course.

(d) Comply with all applicable laws, including health and safety laws; and

(e) Turn up to the Training Course before the start time. Should a Delegate be late, it is up to the discretion of the Trainer taking the Training Course to allow the Delegate to join the Training Course.

(f) Where a Delegate is required to complete any theory or online training, all modules and assessments must be completed no later than three (3) days prior to the practical training. If they arrive without having completed all modules, they will not be able to attend the training session. The Delegate will not be entitled to a refund or rescheduling. The Delegate will have to register and pay in full again in order to attend the next available date. Should the Delegate fail the online theory assessment they will not be able to attend the Training Course. They will not be eligible for a refund, but if they decide to rebook, they will be able to do so at a 50% discount. The Trainer may allow the Delegate to attend training at the Trainer’s absolute discretion, should the online modules only be failed by a few marks.

(g) Where a Delegate on an injectable-based Training Course is deemed by the Trainer to require further practice, the Delegate will be able to book onto a further practical session at a 50% discount.

(h) Where a Delegate on an injectable-based Training Course is deemed by the Trainer to be incompetent with a needle, they will not be allowed to finish the practical side of the training and will not receive a certificate from the training course. They will not be allowed to rebook for future courses and will not be eligible for a refund. The Company may also refer such a Delegate to their relevant professional body.

6.2 If the Company's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Delegate or failure by the Delegate to perform any relevant obligation (Delegate Default):

(a) Without limiting or affecting any other right or remedy available to it, the Company shall have the right to refuse the Delegate onto the Training Course or any future Training Courses or refuse to provide the completion certificate until the Delegate remedies the Delegate Default. The Company may also rely on the Delegate Default to relieve it from the performance of any of its obligations in each case to the extent the Delegate Default prevents or delays the Company’s performance of any of its obligations; and

(b) The Company shall not be liable for any costs or losses sustained or incurred by the Delegate arising directly or indirectly from the Company’s failure or delay to perform any of its obligations as set out in this Clause 6.2.

7.1 Different Training Courses command different prices. These are subject to alteration without notice. All prices are inclusive of Value Added Tax, which will be charged at the rate relevant at the date of invoice, where applicable.

7.2 Payment must be made at the time of booking a course in order to confirm attendance. Payment must be received via the Wigmore Medical portal, either by card or PayPal. Exceptions can be made in terms of payment type at the discretion of the Company. Training courses cannot be placed on a Wigmore Medical account for payment at a later date. Should a Wigmore Medical account holder have an outstanding debt, they may not be able to book and pay for a Training Course, acceptance will be at the discretion of the Company. Time for payment shall be of the essence.

7.3 Delegates who have registered and have been accepted for a ZO Skin Health training course will be sent a secure payment link to make payment. Such payment must be made within 48 hours to confirm attendance. Should payment not be made within this time, the Delegate will have to re-book on to the course or on to a later course.

7.4 The Delegate must pay all amounts due under these Conditions in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7.5 If the Delegate fails to make full payment by the due date, then the Company, in addition to remedies allowed under current late payment legislation, shall be entitled to: a) Cancel the Contract or suspend any further attendance on Training Courses; and/or b) Charge the Delegate interest on the amount unpaid at the rate of 8% above the Bank of England rate until the payment is made in full.

7.6 Please make cheques payable to Wigmore Medical Ltd and send along with your remittance advice slip to Training, Wigmore Medical, 23 Wigmore Street, London W1U 1PL. The Company may charge a reasonable administration fee in respect to re-presented and dishonoured cheques to cover its consequential direct and indirect costs.

7.7 Where a Delegate receives credit against ZO Skin Health products, the credit will be valid for up to twenty-four (24) months and cannot be redeemed against other products or exchanged for money.

8.1 Training Course bookings can be cancelled by the Delegate with a full refund more than ten (10) Business Days in advance. Cancellations after this time, will incur the following costs: a) Five to Ten (5-10) Days before, a 50% refund will be awarded. b) Up to five Business Days before, no refund will be awarded.

8.2 Cancellations will be accepted in writing only. Please email training@wigmoremedical.com by the stated cancellation deadlines. All refund requests must be made by the attendee or credit card holder. Refund requests must include the name of the attendee and/or invoice number. Refunds will be credited back in the original manner that it was received.

8.3 Delegates may be able to postpone their Training Course where space allows or to send an alternate to attend (such alternate to have the requisite experience and qualifications).

8.4 the Company reserves the right to cancel a training course due to low enrolment or other circumstances which would make the event non-viable. In this event, Delegates will be offered a full refund or an alternate date only; the Company will not be liable for any costs or expenses incurred by a Delegate relating to arrangements made to attend the course.

8.5 No refunds will be offered where Delegates have attended any part of the training course, including when Delegates arrive late. Where a Delegate has arrived late and has not been allowed on the Training Course, the Delegate will be given the option of booking the same Training Course at a later date.

8.6 Where a Delegate attending on-site training tests positive for Covid-19 on arrival or cancels due to testing positive or having to self-isolate in line with the law of England at the time, the Delegate can reschedule the Training Course free of charge.

For Training Courses offering hands-on training, the Delegates will be expected to provide a model. If they are unable to do so for whatever reason, Delegates must contact the training@wigmoremedical.com as soon as possible to arrange one. The Company may not be able to guarantee a model should the request come in less than five Business Days before the training course.

10.1 All Intellectual Property Rights in or arising out of or in connection with the Training Courses shall be owned by the Company.

11.1 Please see the Company’s Privacy Policy for information as to how Delegate data is used.

12.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

(a) death or personal injury caused by negligence;

(b) fraud or fraudulent misrepresentation; and

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

12.2 Subject to Clause 12.1, the Company’s total liability to the Delegate shall not exceed the cost of the Training Course. The Company’s total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.

12.3 This Clause 12.3 sets out specific heads of excluded loss:

(a) Subject to Clause 12.2 , the types of loss listed in Clause 12.3 (b) are wholly excluded by the parties

(b) The following types of loss are wholly excluded: (i) Loss of profits (ii) Loss of sales or business. (iii)Loss of agreements or contracts. (iv)Loss of anticipated savings. (v) Loss of use or corruption of software, data or information. (vi)Loss of or damage to goodwill. (vii) Indirect or consequential loss.

(c) The following types of loss and specific loss are not excluded: (i) Sums paid by the Delegate to the Company pursuant to the Contract, in respect of any Training Course not provided in accordance with the Contract.

12.4 The Company has given commitments as to compliance of the Training Courses with relevant specifications in Clause 3 . In view of these commitments, the terms implied by sections 3 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

12.5 Unless the Delegate notifies the Company that it intends to make a claim in respect of an event within the notice period, the Company shall have no liability for that event. The notice period for an event shall start on the day of the Training Course and shall expire three months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

12.6 This Clause 12 shall survive termination of the Contract.

13.1 Without affecting any other right or remedy available to it, either party may terminate the Contract by giving the other party the requisite notice as set out in clause 8.

13.2 Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:

(a) the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within five Business Days of that party being notified in writing to do so;

(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business.

(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or

(d) the other party’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.

13.3 Without affecting any other right or remedy available to it, the Company may terminate the Contract with immediate effect by giving written notice to the Delegate if the Delegate fails to pay any amount due under the Contract on the due date for payment.

13.4 Without affecting any other right or remedy available to it, the Company may suspend the supply of the Training Course under the Contract or any other contract between the Company and the Delegate if the Delegate fails to pay any amount due under the Contract on the due date for payment, the Delegate becomes subject to any of the events listed in Clause 13.2 (b) to Clause 13.2 (d), or the Company reasonably believes that the Delegate is about to become subject to any of them.

14.1 On termination of the Contract the Delegate shall immediately pay to the Company all of the Company’s outstanding unpaid invoices and interest and, in respect of Training Courses supplied but for which no invoice has been submitted, the Company shall submit an invoice, which shall be payable by the Delegate immediately on receipt.

14.2 Termination or expiry of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

14.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

15.1 Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.

15.2 Assignment and other dealings.

(a) The Company may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract.

(b) The Delegate shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract. 15.3 Confidentiality.

(a) Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by Clause 15.3(b).

(b) Each party may disclose the other party’s confidential information: (i) to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party’s confidential information comply with this Clause 15.3 ; and (ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

(c) Neither party shall use the other party’s confidential information for any purpose other than to perform its obligations under the Contract. 15.4 Entire agreement.

(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

(b) Each party acknowledges that in entering into the Contract it does not rely on and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Contract.

15.5 Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

15.6 Severance. If any provision or part-provision of the Contract 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 Contract.

15.7 Notices.

(a) Any notice given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or sent by email to the address specified in the booking form (delegate), training@wigmoremedical.com (Company).

(b) Any notice shall be deemed to have been received: (i) if delivered by hand, on signature of a delivery receipt; (ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; and (iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this Clause 11.8(b)(iii) , business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

(c) This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution. 15.8 Third party rights.

(a) Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract. 15.9 Governing law. The Contract, 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. 15.10 Jurisdiction. 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 Contract or its subject matter or formation.