This agreement applies as between you, the User of this Website and FACIALENHANCE®, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
In this Agreement, the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and/or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Course": means the Facial Enhancement Acupuncture online course available via this Website, comprising video content, reading materials, assessments, assignments, and live Q&A sessions as described in the Course Details;
"Course Details": means the outline of the course, including eligibility criteria and the current price, as set out on the Website;
"Distance Learning Package": means the provision of the Services in respect of the Course and all related materials, support and tuition supplied by FACIAL ENHANCE®;
"FACIALENHANCE®": is a brand name operated by Paul Adkins [trading as FACIALENHANCE®], whose business address is Positive Acupuncture, Room 2, Highgrove House, Truro Business Park, Threemilestone, Truro, Cornwall, TR4 9NH, UK."
"Facilities": means collectively any online facilities, tools, services or information that FACIAL ENHANCE® makes available through the Website either now or in the future;
"Fees": means the fees payable by the Customer to FACIALENHANCE® for the Course as indicated in the Course Details;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit/debit card numbers, bank account numbers and sort codes;
"Services": means the distance learning services to be provided by FACIALENHANCE® to the Customer in respect of the Distance Learning Package;
"System": means any online communications infrastructure that FACIALENHANCE® makes available through the Website either now or in the future, including but not limited to web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by FACIALENHANCE® acting in the course of their employment;
"Website": means the website that you are currently using (facialenhance.learnworlds.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions;
"We/Us/Our": means FACIALENHANCE®;
"Working Day": means any day other than Saturday or Sunday that the clearing banks are open for business in the City of London.
This Website and the Services available through it are intended for use by adults aged 18 or over. Persons under the age of 18 are not permitted to use this Website, create an Account, or enrol on any course. By creating an Account or placing an order, you confirm that you are at least 18 years of age. FACIALENHANCE® reserves the right to cancel any order and terminate any Account where it has reason to believe this requirement has not been met.
These Terms and Conditions also apply to customers procuring Services in the course of business.
- 3A.1 The Services offered through this Website are intended solely for qualified acupuncture practitioners or other suitably qualified healthcare professionals. By creating an Account or enrolling on any course, you confirm that you hold the relevant professional qualifications and, where applicable, are registered with an appropriate professional or regulatory body in your country of practice.
- 3A.2 FACIALENHANCE® reserves the right to request evidence of your professional qualifications at any time. Failure to provide satisfactory evidence, or discovery that the eligibility requirement was not met at the time of enrolment, may result in suspension or termination of your Account in accordance with Clause 11, without entitlement to a refund.
- 3A.3 It is your responsibility to ensure that your practice of any techniques taught through the Services complies with the laws, regulations, and professional standards applicable in your country or region of practice. FACIALENHANCE® accepts no liability for any consequences arising from your failure to do so.
- 4.1 All course content, including but not limited to video, text, images, downloadable materials, and assessments, is the intellectual property of Paul Adkins, founder of FACIALENHANCE®, and is protected by UK copyright and international copyright laws. Subject to the exceptions in Clause 5, all other Content included on the Website, unless uploaded by Users, is similarly protected.
- 4.2 Except to the extent permitted by applicable law, including the permitted acts set out in Chapter III of the Copyright Designs and Patents Act 1988, you may not copy, modify, reproduce, translate, publish, upload, post, transmit, record, screenshot, or distribute any course content or Website Content in any form or by any means without the prior written permission of Paul Adkins or FACIALENHANCE® as applicable.
- 4.3 Access to the course is granted for personal professional development purposes only. Any commercial use of course content, or use of the content for the purposes of developing or delivering competing training, is strictly prohibited.
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Clause 4.2, you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
6.1 The course content is provided for professional development purposes only. Facial Enhancement Acupuncture and related techniques taught through this course provide no guarantee as to outcomes or results, and FACIALENHANCE® bears no responsibility or liability for any treatments carried out by practitioners who have enrolled on or completed this course.
6.2 It is the responsibility of each enrolled practitioner to ensure that their practice of any techniques taught complies with the professional standards, regulations, and laws applicable in their country or region of practice. FACIALENHANCE® accepts no liability for any consequences arising from a practitioner’s failure to comply with such requirements.
6.3 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure. We make no guarantee of any specific results from the use of our Services.
6.4 No part of this Website is intended to constitute advice, and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
6.5 In no event will FACIALENHANCE® be liable for any indirect or consequential loss or damage, or any loss or damage arising from loss of data or revenue, occurring in connection with use of the course content or materials.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of FACIALENHANCE® or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site facialenhance.learnworlds.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at paul@facialenhance.co.uk.
- 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable, including but not limited to Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of FACIALENHANCE® or Our affiliates; and
- 9.1.7 You must not use Our System for unauthorised mass-communication such as “spam” or “junk mail”.Normal text.
- 9.2 You acknowledge that FACIALENHANCE® reserves the right to monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that FACIALENHANCE® may retain copies of any and all communications made to Us or using Our System.
- 10.1 In order to procure Services on this Website you are required to create an Account. By continuing to use this Website you represent and warrant that:
- 10.1.1 all information you submit is accurate and truthful;
- 10.1.2 you have permission to submit Payment Information where permission may be required; and
- 10.1.3 you will keep this information accurate and up-to-date.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you.10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately at paul@facialenhance.co.uk to suspend your Account.
- 11.1 Either FACIALENHANCE® or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
- 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from FACIALENHANCE® correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances.
- 12.2 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.3 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between FACIALENHANCE® and you.
- 13.2 Order confirmations will be sent to you before the Services begin and shall contain confirmation of the Services ordered, pricing, relevant dates, and access credentials.
- 13.3 If We, for any reason, do not accept your order, no payment shall be taken. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 13.4 FACIAL ENHANCE® shall use all reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 13.5 In the event that Services are provided that are not in conformity with your order, you should contact Us immediately at paul@facialenhance.co.uk. We will ensure that any necessary corrections are made within five (5) working days.
- 14.1 Full payment for the course may be made at the time of enrolment, or where available, via an instalment payment plan as set out at the time of purchase.
- 14.2 Where an instalment payment plan is selected, you agree to pay each instalment on the scheduled dates. Enrolment on an instalment plan constitutes a binding agreement to pay the full course fee across all instalments. Access to the course is conditional upon payments remaining up to date.
- 14.3 In the event that a scheduled instalment payment fails or is declined, FACIALENHANCE® reserves the right to suspend access to the course until the outstanding payment is received. Where payment cannot be recovered after reasonable attempts, FACIALENHANCE® reserves the right to terminate access to the course. In such circumstances, no refund of instalments already paid will be due.
- 14.4 By selecting an instalment payment plan, you acknowledge that you are committing to the full course fee and that the cancellation provisions in Clause 15 apply to the agreement as a whole, not to individual instalments.
- 15.1 As the Services consist of digital content delivered via an online platform, your statutory right to cancel within 14 calendar days is subject to the provisions of Clause 15.2 below.
- 15.2 By completing your enrolment and payment, you expressly request that access to the course begins immediately upon confirmation of your order. You acknowledge and agree that by making this request, you waive your right to cancel under the 14-day cooling-off period once access to the course content has been granted. This is in accordance with Regulation 37 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2014.
Important: Once your enrolment is confirmed and course access is granted, no refund will be issued. Please ensure you have read the Course Details and eligibility requirements fully before completing your purchase.
- 15.3 If, in exceptional circumstances, FACIALENHANCE® agrees to consider a cancellation request before course access has been granted, any refund issued will be subject to deduction of any payment processing fees incurred and not recoverable by FACIALENHANCE®. Such requests must be made in writing to paul@facialenhance.co.uk as soon as possible and will be considered at FACIALENHANCE®’s sole discretion.
- 15.4 All courses are non-transferable. Enrolment is personal to the individual named at the time of purchase and access credentials may not be shared with or transferred to any other person.
- 15.5 Nothing in this Clause affects your statutory rights in relation to faulty or misdescribed services.
- 16.1 Upon enrolment, you will be granted access to the course for a period of 12 months from the date your enrolment is confirmed.
- 16.2 Access to the course will expire at the end of this 12-month period. It is your responsibility to complete the course within the access period. No refund or partial refund will be given on the basis of failure to complete the course within the access period.
- 16.3 If you have not completed the course within the 12-month access period, you may apply for a one-year extension of access at a fee of £99. To apply, you must contact us at enquiries@facialenhance.co.uk before your original access period expires. Extensions are not applied automatically.
- 16.4 Access extensions are available once only. No further extensions will be granted upon expiry of the extension period.
- 16.5 The extension fee of £99 is non-refundable and non-transferable.
- 17.1 Students who previously purchased an earlier version of the Facial Enhancement Acupuncture online course may be eligible to re-enrol on the current course at a discounted fee of £299.
- 17.2 Re-enrolment constitutes a new enrolment on the current course. Previous progress, certificates, or records from earlier versions of the course will not be carried over. Full 12-month access will be granted from the date re-enrolment is confirmed, on the same terms as a new enrolment.
- 17.3 To apply for re-enrolment at the discounted rate, you must provide proof of your original purchase. The discounted rate is available to students who enrolled within ten years of the date of their re-enrolment application. FACIALENHANCE® reserves the right to verify eligibility before confirming re-enrolment.
- 17.4 The discounted re-enrolment fee is offered at FACIALENHANCE®'s discretion and may be withdrawn or amended at any time. It is available to individual previous students only and is non-transferable.
- 17.5 All other terms applicable to new enrolments, including payment, access, cancellation, and extension terms, apply equally to re-enrolments under this clause.
- 18.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and your rights under that legislation.
- 18.2 We may use your personal information to:
- 18.2.1 Provide Our Services to you;
- 18.2.2 Process your payment for the Services; and
- 18.2.3 Inform you of new products and services available from Us, where you have provided consent or where We have a legitimate interest in doing so. You may withdraw your consent or object to this use at any time by contacting Us or clicking the ‘Unsubscribe’ link in any marketing email.
- 18.3 In certain circumstances, and with your consent, We may pass your personal information to credit reference agencies. These agencies are also bound by the UK GDPR and the Data Protection Act 2018 and shall use and hold your personal information accordingly.
- 18.4 We will not pass on your personal information to any other third parties without first obtaining your express permission, except where We are required to do so by law.
- 18.5 For full details of how We collect, use, store and protect your personal data, please refer to Our Privacy Policy at facialenhance.learnworlds.com/privacy, which is incorporated into these Terms and Conditions by reference.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- 20.1 The Website is provided “as is” and on an “as available” basis. FACIALENHANCE® uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults.
- 20.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- 21.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 21.2 Nothing in these Terms and Conditions excludes or restricts FACIALENHANCE®’s liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or restricted under applicable law.
- 21.3 Nothing in these Terms and Conditions excludes or restricts FACIALENHANCE®’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 21.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions.
- 22.1 If any provision of these Terms and Conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these Terms and Conditions, and the validity and enforceability of the other provisions shall not be affected.
- 22.2 If a provision of these Terms and Conditions (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and FACIAL ENHANCE®.
- 25.1 All notices / communications shall be given to Us either by post to FACIALENHANCE®, Room 2, Highgrove House, Truro Business Park, Threemilestone, Truro, Cornwall, TR4 9NH, UK; or by email to paul@facialenhance.co.uk. Such notice will be deemed received 3 days after posting if sent by first-class post, the day of sending if the email is received in full on a business day, and on the next business day if the email is sent on a weekend or public holiday.
- 25.2 We may, from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
These Terms and Conditions and the relationship between you and FACIALENHANCE® shall be governed by and construed in accordance with the law of England and Wales. FACIALENHANCE® and you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
