Terms & condition

Welcome to our website. These terms and conditions set out the basis upon which you can visit our website and regulate how you can order and buy goods from our company online.

 

By using our website, and when you purchase a product from us, you accept that you have read and understood and agree to comply with these terms and conditions, which include our privacy notice.

 

If you disagree with any part of these terms and conditions, please do not use our website or make any order from us.

 

Please note that our website is intended only for consumers. This website is owned and operated by Aesthipharma Ltd.

 

Legal operator

Aesthipharma Limited (company number 15494481)

Registered office: Unit 9 Armstrong Point, Swan Lane, Hindley, Wigan, England, WN2 4AU

Registered pharmacy number: 9012533

VAT registration number: 478 0012 03

General and privacy enquiries: help@aesthipharma.co.uk

About these terms

Welcome to our website. These terms and conditions set out the basis upon which you can visit our website and regulate how you can order and buy goods from our company online. They also govern your use of AesthiHub.

By using our website, and when you purchase a product from us, you accept that you have read and understood and agree to comply with these terms and conditions, which include our privacy notice.

If you disagree with any part of these terms and conditions, please do not use our website or make any order from us.

Our website is intended for healthcare professionals and businesses. You may buy from us as a self-employed individual purchasing in your own name or on behalf of a clinic or other business, but in every case only where you are appropriately qualified, trained and insured for the products you order. This website is owned and operated by Aesthipharma Limited.

These terms are set out in four parts. Part A covers use of the website. Part B covers buying from us and includes the definitions used in that Part. Part C covers the Referral and Cashback Programme. Part D covers AesthiHub and is supported by Schedule 1.

Part A - Website terms

1. You promise us

You agree that:

• You are over the age of 18 years.
• You will have only one Account with us.
• You will not misrepresent your identity when you use the Site.
• If you follow a link to another site through us, you will read that site’s terms and conditions.
• You will not circumvent any measure we put in place to control or limit access to any part of the Site.
• You will not do anything that may damage, disable, overburden or impair our systems.
• You will not copy or reproduce the Site or any part of it for use in any other site or application.
• You will not modify, translate, adapt, edit, decompile, disassemble or reverse engineer any of the systems we use.
• You will not use our trademarks, designs or layout without asking us first.

2. All practitioners and prescribers: registration and qualifications

2.1 By agreeing to these terms and conditions you are formally agreeing that you are who you say you are, have undertaken sufficient certified training which accredits you to be able to use the products purchased safely and effectively, are appropriately insured and take full personal responsibility for your competence.

2.2 All relevant training certificates and insurance documents must be uploaded at registration and/or provided when requested.

2.3 You are also formally confirming you will not purchase any products from Aesthipharma that you are not qualified to use.

2.4 For prescribers, we reserve the right to undertake checks to ensure you are a fully registered and compliant member of a professional body as claimed: GMC, GDC, GPhC, NMC or other.

2.5 For prescribers, by signing prescriptions you confirm that you are aware of and accept clinical responsibility for all items prescribed for your patient and that a suitable medical history and appropriate face to face consultation has been undertaken.

2.6 Where we become aware of any breach of applicable law, or of the guidelines of your regulatory body, arising from your use of the Products or of our services, we reserve the right to notify your regulatory body and any other competent authority. This does not limit any other right or remedy available to us.

3. Prescriber declaration

Each time an order for a product is placed by the Customer, the prescriber (being an appropriately authorised representative of the Customer) shall be deemed to have made the following declaration:

3.1 I confirm that:

• the items in this prescription are solely for the use of the patient named in this prescription;
• I have the appropriate training and insurance for prescribing and administering the treatments in this prescription;
• the patient has nominated Aesthipharma Limited as their pharmacy for dispensing this prescription;
• the Customer has obtained the informed consent of the patient to the ordering, receiving, storing and paying for the items listed in this prescription, and to the sharing of the personal information in this prescription (including any patient delivery address) with Aesthipharma Limited;
• if I consider it appropriate for a qualified practitioner to administer this prescription to my patient under my direction, the named practitioner has been appropriately trained and insured and I consider that practitioner to be competent to carry out such administration;
• I am fully aware of, and accept, clinical, professional and legal responsibility for prescribing outside the licensed indications of any of the prescribed products (if any);
• I have informed the patient of any storage instructions relating to the items in the prescription;
• the consultation and diagnosis leading to the treatment prescribed for this patient is based on my clinical judgement, and I understand that VAT will not be charged on the prescription solely because it is for the healthcare treatment of this patient;
• I take full responsibility for the items in the prescription on the basis that prescribing them is in the best interests of patient safety and is consistent with professional conduct;
• I confirm each item ordered on prescription from Aesthipharma Limited is a qualifying medicinal product prescribed for an individually named patient and is intended solely for that patient’s use in connection with their treatment, and will not be used as general clinic stock, for training or demonstration purposes, or for the treatment of any other patient;
• I acknowledge that Aesthipharma Limited will rely on the information in this Declaration when determining the VAT treatment of its supplies, and I agree to promptly notify Aesthipharma Limited if any order does not meet the conditions for zero-rating so that it can be placed and treated as a taxable (standard-rated) order; and
• I agree to indemnify Aesthipharma Limited for any VAT, interest and penalties assessed by HMRC which arise as a direct result of any inaccuracy or omission in the confirmations I have given in this Declaration, to the extent that such inaccuracy or omission is within my knowledge or control.

3.2 I agree to:

• adhere to the rules set out by all applicable regulatory bodies associated with my practice and procedures, including but not limited to the GPhC, MHRA, HMRC and CQC; and
• take responsibility for submitting a non-prescription order where the order is not for the healthcare treatment of the patient so that VAT is charged at the standard rate.

4. VAT and prescription supplies

4.1 Aesthipharma Limited is registered for VAT in the United Kingdom.

4.2 Where we dispense drugs or medicines that are qualifying goods for the purposes of Schedule 8, Group 12 of the Value Added Tax Act 1994 and HMRC VAT Notice 701/57, and those goods are (a) prescribed by an appropriate prescriber for an individually named patient, and (b) dispensed by us against a valid private prescription for that individual’s personal use, we will normally treat the supply of those goods as zero-rated for VAT purposes.

4.3 The Customer acknowledges that, for VAT purposes, a supply may be zero-rated even where the goods are delivered to the prescribing practitioner, non-prescribing practitioner, the practitioner’s clinic or another address nominated on behalf of the patient, provided that the goods are dispensed for, and used solely in connection with the treatment of, the individually named patient identified on the prescription and not as general clinic stock or for any other patient.

4.4 The Customer warrants and represents that each prescription order placed with us (a) relates to an individually named patient, (b) is for drugs or medicines that are prescribed for that patient’s personal use in connection with their treatment, and (c) will not be used as general stock, for training or demonstration purposes, or for the treatment of any other patient.

4.5 Where an order does not meet the conditions for zero-rating (including, without limitation, where goods are ordered as clinic stock, for use across multiple patients, for training or demonstration, or for onward supply or resale), the Customer must place the order as a non-prescription or stock order, and accepts that VAT will be charged at the applicable rate.

4.6 We reserve the right, acting reasonably, to treat any order as standard-rated for VAT purposes where we are not satisfied that the conditions for zero-rating are met, or where required to do so by law, HMRC guidance or any ruling or assessment by HMRC.

4.7 Nothing in this clause constitutes legal or tax advice to the Customer, who remains responsible for taking its own advice on the VAT treatment of its services and onward supplies.

5. Intellectual property

5.1 All trademarks and logos on the Site are our property (or those of our affiliates) and are protected, where we feel it necessary, by trademark, copyright and such other protection that we feel appropriate.

5.2 Neither the Site nor the Content may be copied, duplicated, reproduced, modified, sold or used, in any way, for any purpose without our written consent.

6. Disclaimers

6.1 We are not able to promise that the Site will work how you expect it to work. We have tried to make it function in a manner which we think will match your expectation but we are unable to guarantee that it will.

6.2 We are not able to guarantee that the Site will work with your device or will be secure.

6.3 Whilst we take reasonable precautions to ensure the accuracy of information we publish on the Site, we cannot guarantee its accuracy and suggest that, if any information is important to you, you verify it independently.

6.4 Any advice we offer on the Site is only general in nature and may not apply to you. You must not rely on that advice when you make any decisions.

6.5 If using the Site causes your device issues, unless we have caused them deliberately or recklessly, we have no responsibility to put them right.

6.6 If you link to another site through the Site, you undertake to make sure that the other site is safe to do so. We have no control over the sites we link to.

7. Availability of the site

7.1 We do not guarantee that the Site will be available at all times. If it is unavailable for any reason we are not responsible for any loss you suffer as a result.

7.2 We have the right to change the Site and the services it offers, suspend it or stop it at any time, without compensating you.

8. Limitation of liability

8.1 As far as we are allowed by law we deny liability for any loss of all kinds which you incur from visiting the Site. You use the Site at your own risk.

8.2 Nothing in these Terms excludes or restricts our liability for death or personal injury, resulting from any negligence or fraud on our part.

9. Links to other websites

9.1 We do not control any of the websites we link to and are not responsible for their content. We have no liability if you lose anything when using such a site.

9.2 We are not responsible for evaluating other sites with which we may link from the Site. We have no responsibility or liability for the actions, contents, products or services of other sites. You agree to read and review the terms and conditions and privacy policies of all sites we link to.

9.3 A link to another site does not mean that we endorse or recommend that site.

9.4 We cannot guarantee that a link we offer will work.

10. Changes to these terms and to the site

10.1 We may update these Terms from time to time for legal, regulatory, security, operational or service reasons.

10.2 The current version is always published on the Site with its version number and effective date. Please check this page before you use the Site or place an Order so that you know which terms apply at that time.

10.3 A change to these Terms does not apply retrospectively to an Order we have already accepted.

10.4 We may change the Site and the services it offers as often as we choose, and these Terms will apply to any changes we make.

11. Data protection

11.1 We process personal data in accordance with the UK General Data Protection Regulation, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 and other applicable UK data-protection law, as amended from time to time. Any reference in our Privacy Notice or elsewhere on the Site to the Data Protection Act 1998 or to earlier data-protection legislation is to be read as a reference to the law currently in force.

11.2 Our Privacy Notice explains what personal data we collect, the lawful bases on which we process it, who we share it with, how long we keep it and the rights available to you. It forms part of these Terms.

11.3 Where you provide us with personal data about another person, including a patient, you confirm that you are entitled to do so and that any information required to be given to that person has been given.

11.4 Data-protection queries, rights requests and complaints may be sent to help@aesthipharma.co.uk. You may also complain to the Information Commissioner’s Office at ico.org.uk.

11.5 Additional data-protection terms apply to AesthiHub. See clause 42 and Schedule 1.

12. Additional terms

12.1 Operative law. This agreement under which these Terms operate is made under the laws of England and Wales and that is the only jurisdiction which can govern it.

12.2 Partnership and joint ventures. We are not entering into a partnership or co-venture with you.

12.3 Effect of agreement. These Terms supersede all previous terms and represent the entire understanding between you and us. Where a particular service has its own terms within this document, including Part C and Part D and Schedule 1, those terms take priority for that service to the extent of any conflict.

12.4 Time of the essence. Time will not be of the essence in any part of these Terms.

12.5 Unenforceability. If a Court or other body says that any part of these Terms is unenforceable, the rest of them will stand.

12.6 Notices. If either you or we need to give formal notice to the other it must be done by email to the address each of us gives to the other from time to time.

12.7 Entire agreement. These Terms contain the entire understanding between us, subject to clause 12.3. Each party acknowledges that in entering into a contract on these Terms it does not rely on any statement, representation, assurance or warranty that is not set out in these Terms, and has no remedy in respect of any such statement made innocently or negligently. Nothing in this clause limits or excludes liability for fraud or fraudulent misrepresentation.

Part B - Buying terms

These terms apply if you want to buy anything using the Site.

13. Definitions used in this Part

In this Part and in Part C, the following terms have the following meanings:

• Business Day means any day other than a Saturday, Sunday or public holiday in England on which banks in London are open for business.
• Cold Chain Product means any Product that must be kept refrigerated, ordinarily between 2 and 8 degrees Celsius, at all times before use.
• Contract means the contract between us and you for the supply of Products, formed in accordance with clause 14.
• Customer, you or your means the person, firm, clinic or company placing an Order, whether a self-employed individual purchasing in their own name or a business.
• Delivery Location means the address stated in the Order or any other address we agree in writing.
• Force Majeure Event means any event or circumstance beyond our reasonable control.
• Order means your order for Products, placed through the Site or by any other method we accept.
• Products means the goods described in the Order.
• Restricted Product means any Product that is available only on prescription.
• Site or Website means our website at aesthipharma.co.uk and any related pages or portals we operate, including AesthiHub.
• Supplier, we, us or our means Aesthipharma Limited.

14. Basis of contract

14.1 An Order is an offer by you to buy Products on these Terms. It is not accepted until we say so.

14.2 An Order is accepted, and the Contract comes into existence, when we send you written acceptance of it or, if earlier, when we despatch the Products. An automated acknowledgement that we have received your Order is not acceptance.

14.3 We may decline an Order in whole or in part, and at any time before acceptance, without giving a reason. This includes where we are not satisfied that a prescription is valid or appropriate, where a Restricted Product has been ordered without a valid prescription, where we are not satisfied that you are qualified for the Products ordered, or where our professional or legal duties require it. Where we decline an Order we will refund any sum you have paid for it.

14.4 These Terms apply to the Contract to the exclusion of any other terms you seek to impose or incorporate, or which are implied by trade custom, practice or course of dealing. You waive any right to rely on any term contained in or delivered with any of your own documents that is inconsistent with these Terms.

14.5 Product descriptions, images, brochures and marketing material are published to give an approximate idea of the Products. They do not form part of the Contract and have no contractual force.

14.6 Any quotation we give is not an offer and, unless we say otherwise, is valid for 20 Business Days from the date it is issued.

15. Accounts

15.1 If you want to order anything from us you must create an Account.

15.2 When you create an Account you promise that all information you give us is accurate and truthful, you will keep this information accurate and up to date, you will not share your Account with anyone else, you will keep your Account details confidential, you will not give your username or password to anyone else, and you will log off when you exit the Account.

15.3 We may close your Account at any time and without reason. We will refund any balance due to you if the Account is closed. Where the Account includes access to AesthiHub, clause 46 applies instead of this clause.

15.4 Where we reasonably believe that an Account or a payment is connected with fraud, unlawful activity or a material breach of these Terms, we may place a proportionate and temporary restriction on the Account or the payment while we investigate or comply with our legal obligations. We will tell you the reason where it is lawful and practicable to do so.

15.5 We may deduct from any balance we hold only sums that are lawfully due to us and that we can reasonably evidence, after giving you notice where it is lawful and practicable to do so. Any undisputed balance will be returned to the person entitled to it. Where we send a payment to your bank account and it is refused, we will make reasonable attempts to obtain alternative details from you before treating the balance as unclaimed.

15.6 Nothing in this clause prevents us from reporting suspected fraud or unlawful activity to the police, to a regulator or to any other competent authority.

15.7 You may only have one Account with us.

15.8 You warrant that you are appropriately qualified, trained and insured for the Products you order, and that you are purchasing them for use in your own professional practice, whether as a self-employed individual or on behalf of a clinic or other business. You may use or administer Products in the ordinary lawful course of that practice, including administering a Product dispensed for a named patient to that patient. You must not divert, export, wholesale, resell or otherwise onward-supply any Product except where we have expressly agreed in writing and you are lawfully authorised to do so. A Product dispensed for a named patient must be used only for that patient.

15.9 If we earn any commission on any transaction in which we are involved, or any interest on money deposited in your Account, we may keep that commission or interest.

15.10 You can cancel your Account with us at any time; all you need to do is to email our customer service team.

16. Products

16.1 We do not offer any medical advice, on the Site or otherwise. Any advice we offer on the Site is general in manner and must be verified by a healthcare professional. You agree not to use any Product until you have taken reasonable precautions that it will not cause harm.

16.2 Before you use any Products you must comply with all instructions offered with that Product.

16.3 The use of syringes, needles or threads is dangerous. Unless you have prior experience in using them, we strongly suggest that you consult a professional properly qualified to use such equipment.

16.4 We will deliver any products you order in the manner you select using the Site.

16.5 All Product images on the Site are for illustration only and we cannot guarantee that the packaging shown will be what you receive, nor that any colours shown on your screen will be identical to those we upload.

16.6 All measurements and sizes we publish are subject to minor variations in manufacture.

16.7 You warrant that the information that you give to us is accurate, complete and not misleading in any way.

16.8 We do not represent or warrant that any Products will be available from the stocks we hold and we reserve the right to cancel any order from you if we cannot supply the Products in what we in our sole discretion consider to be a reasonable time.

16.9 All pricing information on the Site is correct at the time of going online but we reserve the right to change prices and alter or remove any item we advertise and any special offers from time to time.

16.10 In the event that prices change during the period between your order being placed for Products and us processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price and will have the opportunity to cancel your order with us.

16.11 We may apply additional controls to particular Products, including Restricted Products, unlicensed or special-order products and any Product subject to heightened verification. Those controls may include identity checks, a requirement for an original or a particular form of prescription, quantity limits, delivery restrictions and additional record keeping.

16.12 We may refuse to supply any Product where required by law, by the conditions of our registration, or by the professional judgment of the responsible pharmacist. Where we refuse, we will refund any sum you have paid for that Product.

17. Quality of Products

17.1 We warrant that on delivery the Products will conform in all material respects with their description and any specification published on the Site, will be of satisfactory quality, and will be fit for any purpose we have expressly stated.

17.2 Please tell us promptly of any shortage, damage, temperature concern or visible defect and, where practicable, within seven days after delivery. A defect that could not reasonably have been identified on delivery must be reported promptly after it is discovered.

17.3 The notification periods in clause 17.2 are to help us investigate. They do not bar a claim, a safety report or a regulatory report where compliance was not reasonably possible, where the defect was latent, where patient safety is involved, or where the law prevents exclusion.

17.4 You must give us a reasonable opportunity to examine the Products and return them to us if we ask you to. Where the claim is upheld we will meet the reasonable cost of return and will, at our option, repair or replace the Products or refund their price.

17.5 We are not liable for a failure to comply with clause 17.1 where you continue to use the Products after telling us of the defect, where the defect arises because you did not follow our instructions or good practice on storage, handling or use, including any cold chain requirement, where you have altered the Products, where the defect arises from misuse, accident or fair wear and tear after risk has passed to you, or where the Products differ from their description because of a change required to meet a statutory or regulatory requirement.

17.6 Because we cannot verify the conditions in which Products have been stored once they have left our control, medicines and other temperature-sensitive or single-use Products cannot be returned for credit except where this clause applies or the law requires otherwise.

17.7 Except as set out in this clause we have no liability to you for a failure of the Products to comply with clause 17.1. These Terms apply to any replacement Products we supply.

18. Medicine and device safety, recalls and vigilance

18.1 You must immediately stop using and quarantine any Product affected by a recall, a field safety notice, a suspected falsification or tampering, an unexpected temperature excursion or any other safety concern, and must keep it separate from usable stock.

18.2 You must preserve the Product together with its packaging, batch number and expiry date, follow our reasonable instructions, and give us the information we reasonably need for traceability so far as you may lawfully disclose it.

18.3 You must keep records sufficient to identify the batch and expiry date of any Product you have received and, where applicable, administered.

18.4 Suspected adverse drug reactions and device incidents must be reported through the applicable professional and official routes, including the MHRA Yellow Card scheme where it applies. Please also tell us, so that we can meet our own obligations.

18.5 Nothing in these Terms prevents or discourages you from reporting directly to the MHRA, the GPhC, your own regulatory body or any other competent authority.

18.6 We may contact you, suspend supply or require the return of a Product where a recall or safety concern makes that necessary. We will refund or replace a recalled Product where the law or the recall requires it.

19. Delivery

19.1 You are solely responsible for placing Orders in good time to maintain adequate stock.

19.2 Products will be delivered to the Delivery Location specified in the Order or otherwise agreed, and delivery is complete once the Products are received at that location. You must ensure that you or your representative is available to accept delivery.

19.3 Any same-day changes you make through the delivery agent’s app may delay delivery. We are not liable for delays caused by third-party delivery agents.

19.4 If the delivery agent cannot deliver at the notified time for reasons not caused by the agent’s own act or omission, you must rearrange delivery directly with the agent and will be responsible for any reasonable administration charges.

19.5 For Cold Chain Products, where you must be present to receive delivery, we accept no responsibility for loss, damage or defects arising from a failed delivery and are not obliged to replace or refund those Products. The same applies where you or your representative does not accept delivery.

19.6 Time of delivery is not of the essence, and we are not liable for delays caused by a Force Majeure Event or by inadequate delivery instructions from you.

19.7 If we fail to deliver, our liability is limited to your reasonable costs of sourcing equivalent replacement goods, less the price of the Products. We are not liable where the failure results from a Force Majeure Event or from insufficient instructions.

19.8 You must notify us in writing of any failure to deliver within seven days of the date on which the Products were due to be delivered. Clause 17.3 applies to this period.

20. Title and risk

20.1 Risk in the Products passes to you when delivery is complete.

20.2 Title to the Products does not pass to you until we have received payment in full, in cleared funds, for those Products and for any other Products we have supplied to you for which payment is outstanding.

20.3 Until title passes you must store the Products in appropriate conditions, including any cold chain requirement, keep them reasonably identifiable as ours, and not remove, alter or obscure any packaging or labelling.

20.4 You may use the Products in the ordinary course of your professional practice before title passes. That right ends immediately if any payment to us becomes overdue.

20.5 At any time before title passes, and where payment is overdue, we may require you to return Products that have not been used, and may recover them.

21. Charges and payment

21.1 The price for the Products is the price shown on the Site at the time we accept your Order, subject to clause 16.10.

21.2 Payment is due when the Order is placed, using the payment methods offered on the Site, unless we have agreed credit terms with you in writing.

21.3 Prices are exclusive of VAT, which will be charged at the applicable rate except where the supply is zero-rated under clause 4. A valid VAT invoice will be issued where VAT is charged.

21.4 All amounts due must be paid in full and without any set-off, counterclaim, deduction or withholding, other than a deduction or withholding of tax required by law.

21.5 If any amount is not paid when due we may charge interest on the overdue amount at the rate provided for by the Late Payment of Commercial Debts (Interest) Act 1998, suspend further supply to you, and withhold despatch of any outstanding Order until payment is received.

22. Supply within the United Kingdom

22.1 We supply Products for delivery within the United Kingdom only. We do not accept Orders for delivery outside the United Kingdom unless we have expressly agreed to do so in writing in advance.

22.2 You must not export, or arrange the export of, any Product supplied to you without our prior written agreement.

22.3 Where we have agreed in writing to supply outside the United Kingdom, you are responsible for confirming that the supply, import and use of the Products is lawful in the destination country, and for all import duties, taxes, licences and customs formalities. You act as importer of record and will indemnify us against any loss we suffer as a result of a breach of this clause.

23. Payment card information

23.1 We do not store full payment card numbers. Card payments are processed by our payment provider, which handles card details securely on our behalf.

23.2 We may hold limited transaction information, such as the last four digits of a card, the card type, the amount and a payment reference, in order to identify payments, process refunds and meet our accounting and legal obligations.

23.3 Where you give us bank details so that we can send you a refund or other payment, we use them for that purpose.

23.4 Our privacy notice explains how payment information is handled and identifies our payment provider.

24. Voucher codes, discount codes and coupon codes

We may offer voucher, discount and coupon codes from time to time; they will be effective only on the terms on which they are offered and can be withdrawn at any time.

25. Confidentiality

25.1 Each party must keep confidential any confidential information about the business, affairs, patients, customers or suppliers of the other party which it obtains in connection with the Contract, and must use that information only to perform the Contract.

25.2 A party may disclose the other party’s confidential information to its employees, officers, contractors and professional advisers who need it in order to perform the Contract, provided they are bound by equivalent obligations, and where disclosure is required by law, by a court of competent jurisdiction or by a regulator.

25.3 This clause does not apply to information that is or becomes publicly available other than through a breach of these Terms, or that a party already lawfully held free of any obligation of confidence.

25.4 This clause survives termination of the Contract. Separate and additional obligations apply to personal data under clause 11, and to AesthiHub under Part D and Schedule 1.

26. Complaints and disputes

26.1 If you wish to make a complaint about any product or service we offer, please contact us at superintendent@aesthipharma.co.uk. Please tell us in writing as soon as possible and, where practicable, within 14 days of the problem arising, giving full details of your complaint.

26.2 This period is to help us investigate. It does not bar a claim, a safety report or a regulatory report where compliance was not reasonably possible, where the issue was latent, where patient safety is involved, or where the law prevents exclusion.

26.3 Complaints about AesthiHub may be sent to help@aesthipharma.co.uk. Data-protection complaints are dealt with under clause 42.8. An urgent patient-safety concern should be raised with us immediately and should not wait for a written complaint.

27. Our liability to you

27.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.

27.2 We will not be liable, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with the order you have placed with us.

27.3 Subject to clause 27.1, our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the provision of any products or services will be limited to the amount paid by you in respect of such product or service. This clause does not apply to AesthiHub, for which clause 49 applies.

27.4 Subject to clause 17, we disclaim all other warranties, express or implied, to the extent permitted by law. We do not warrant that the Site or any notification sent by us to you will be free of viruses or other harmful components.

27.5 We do not accept any liability or responsibility for the actions or omissions of any third party, including any prescriber with whom you connect through our services.

27.6 We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity if you use any of our products or services otherwise than in accordance with these Terms.

27.7 We have no liability for any loss or damage which arises from your failure to inform your own doctor or other health care professional, or that of any patient for whom you have obtained the Product, about that Product or the Services which you order from the Site.

28. Events outside of our control (force majeure)

28.1 We will not be liable for any failure or delay in performing our obligations under these Terms if that failure or delay arises because of any cause beyond our reasonable control.

28.2 If this happens we will tell you as soon as we reasonably can, we will do all that we reasonably can to minimise the delay, and if we cannot minimise the delay we will cancel your order for the Product and refund you the money you have paid us, using the same method by which you paid us.

28.3 If a Force Majeure Event continues for more than four weeks, either party may end the affected Order by giving seven days written notice to the other. We will refund any sums you have paid for Products that have not been delivered.

Part C - Referral and Cashback Programme

These terms govern your participation in the Referral and Cashback Programme (the Programme) offered by Aesthipharma. By participating in the Programme, you agree to be bound by these terms in addition to the rest of these Terms and our Privacy Policy.

29. Referral and Cashback Programme

29.1 Eligibility

• The Programme is open to registered users of our website who are residents of the United Kingdom and aged 18 years or over.
• We reserve the right to refuse, suspend or terminate access to the Programme at our sole discretion.

29.2 Earning points

You will earn points for every £1 you spend (excluding VAT, delivery charges, and discounts applied) based on your current tier:

• Bronze Tier: 1 point per £1 spent
• Silver Tier: 1.5 points per £1 spent
• Gold Tier: 2 points per £1 spent

You will begin at Bronze Tier with 0 points. Upon earning 25,000 cumulative points, your account will be upgraded to Silver Tier. Upon earning 50,000 cumulative points, your account will be upgraded to Gold Tier. Points are added to your account after a qualifying purchase has been confirmed and dispatched. Cancelled or refunded orders will not earn points.

29.3 Referral programme

• You will receive a unique referral link or code to share with friends.
• When a new customer signs up using your referral link or code and their account is approved, they will receive 2,000 welcome points.
• You (the referrer) will receive 2,000 referral points once the referred friend places and completes their first order.
• Referrals must be first-time customers with a unique email address and delivery address.
• Referral rewards are only granted after order completion and cannot be claimed retroactively.
• Self-referrals are not permitted. Abuse of the referral system may result in forfeiture of all points and account suspension.

29.4 Spending points

• Points can be redeemed against future purchases.
• 100 points = £1 credit.
• Points have no cash value and are non-transferable.
• Points cannot be redeemed for cash or used to purchase gift cards or promotional items unless specified.

29.5 Points expiry and account activity

• Points do not currently expire, but we reserve the right to introduce an expiration policy in the future with prior notice.
• We may deduct points if a purchase is refunded or cancelled.

29.6 Changes to the Programme

We reserve the right to modify, suspend or terminate the Programme at any time without notice; to change the earning and spending rules, including tier thresholds and referral amounts; to adjust any incorrectly allocated points or account balances; and to refuse to honour points in cases of actual or suspected fraud, abuse, or violation of these Terms. Points have no monetary value until redeemed and will not be paid out in cash under any circumstances, including upon Programme termination or account closure.

29.7 Use of the term cashback

For the purposes of this Programme and any associated marketing or promotional materials, the term cashback refers exclusively to points or discounts redeemable against future purchases made on our website. Cashback does not mean a cash payment, bank transfer, or any monetary reimbursement. Points earned through the Programme cannot be exchanged for cash under any circumstances. Cashback rewards are provided solely in the form of non-transferable store credit, calculated at the rate of 100 points = £1 discount. By participating in the Programme, you acknowledge and accept that all references to cashback are symbolic of discount-based incentives and do not represent any form of legal tender or cash equivalence.

If you have any questions about this Programme, please contact our support team at kelsey@aesthipharma.co.uk.

Part D - AesthiHub specific terms and conditions

30. About the AesthiHub terms

30.1 This Part governs access to and use of AesthiHub by approved practitioner and prescriber account holders. AesthiHub includes, where available to your role, professional directory and connection features, patient record and clinical workflow tools, and prescription and order-related functionality.

30.2 AesthiHub is operated by Aesthipharma Limited (company number 15494481), whose registered office is Unit 9 Armstrong Point, Swan Lane, Hindley, Wigan, England, WN2 4AU. References to Aesthipharma, we, us or our mean Aesthipharma Limited.

30.3 This Part and Schedule 1 apply in addition to Parts A to C and the Privacy Notice. Where there is a conflict in relation to AesthiHub, this Part and Schedule 1 take priority. Pharmacy dispensing and product supply remain subject to applicable law, professional judgment and Parts A and B.

30.4 You enter into a binding business-to-business contract with us when you positively accept the current version through the Hub. If you act for a clinic or organisation, you confirm that you have authority to bind the legal entity identified at acceptance. You must not use AesthiHub until the current version has been presented and accepted.

30.5 Privacy information describes processing; it is not a contract that a person is asked to agree to. Where consent is relied upon for a specific optional processing activity, it will be requested separately.

31. Definitions

• Account Data means information used to register, verify, administer, secure and support a professional account.
• Clinical Data means patient information, health information, forms, answers, declarations, signatures, consultation and treatment records, product and prescription information and linked clinical records entered into or generated through AesthiHub.
• Controller, Processor, Personal Data, Data Subject, Processing and Special Category Data have the meanings in UK data-protection law.
• Member or you means the individual professional where they contract as a sole trader, or the clinic or other legal entity identified when these Terms are accepted. An individual account holder acting for that entity is its Authorised User and confirms authority to bind it.
• Member Content means information, text, files, images and other content supplied by a Member, excluding content owned by Aesthipharma.
• Patient means an individual whose information is recorded or used in a Hub workflow. The Hub is restricted to patients aged 18 or over.
• Prescriber means a Member legally authorised to prescribe within their professional scope.
• Practitioner means a Member using the Hub in connection with an aesthetics practice, whether or not that person belongs to a statutory professional register.

32. Business eligibility, approval and accounts

32.1 AesthiHub is for people aged 18 or over using it wholly or mainly for their trade, business or profession. It is not offered for personal or consumer use.

32.2 Access is limited to account types approved by Aesthipharma. Approval, review of documents or a check against a register is a point-in-time administrative control. It is not an endorsement or continuing guarantee of a Member’s identity, competence, conduct, training, insurance, registration, prescribing authority, availability or suitability.

32.3 You must:

• provide complete, current and accurate account and verification information;
• maintain every registration, qualification, licence, competence, training requirement and indemnity arrangement required for your work;
• promptly tell Aesthipharma about expiry, suspension, restriction, investigation or any other matter material to safe or lawful Hub use;
• use the Hub only within your lawful professional scope and authority; and
• carry out your own proportionate checks before relying on another Member.

32.4 Your login is personal. You must use reasonable security measures, must not share credentials or allow another person to sign, prescribe or make a clinical decision through your identity, and must notify help@aesthipharma.co.uk without delay if access may have been compromised.

32.5 You are responsible for actions taken through your account unless caused by Aesthipharma’s breach. A clinic must give access only to authorised personnel, apply least-privilege access and promptly remove access that is no longer needed.

33. What AesthiHub is, and is not

33.1 AesthiHub provides administrative, communication, workflow and record-management tools. It can help Members organise information and evidence steps, but it does not diagnose a Patient, recommend treatment, provide individual clinical or legal advice, assess capacity, obtain consent on a Member’s behalf or make a treatment, prescribing or dispensing decision.

33.2 Templates, prompts, required fields, status labels, warnings and technical safeguards support a workflow. They are not certification that a record, consultation, consent, prescription or treatment complies with the law, a regulator’s standards, product information, insurer requirements or good clinical practice.

33.3 Nothing in these Terms limits Aesthipharma’s separate legal and professional duties when it acts as the registered pharmacy, data controller or data processor.

33.4 The Hub is not an emergency or safeguarding-reporting service. If there is an immediate risk to health or safety, Members must use the appropriate emergency, safeguarding or regulatory route.

34. Professional and clinical responsibilities

34.1 Each Member remains independently responsible for their acts and omissions and must comply with applicable law, their regulator’s standards, professional guidance, clinical governance, insurer requirements and the current SmPC, PIL or IFU for the exact product used.

34.2 Before treatment or prescribing, the responsible professional must, as applicable:

• verify the Patient’s identity and that the Patient is aged 18 or over;
• assess capacity, communication needs, voluntariness, safeguarding concerns and any authority to act;
• obtain and document a sufficient medical, medicines, allergy and treatment history;
• conduct an adequate individual clinical assessment, including an appropriate face-to-face consultation and physical examination wherever required by law, professional standards or Aesthipharma policy;
• not rely solely on a form, photographs, messages or information supplied by another person;
• consider contraindications, licensed status, risks, benefits, limitations, alternatives and no treatment;
• provide a meaningful opportunity for questions and obtain voluntary, informed and decision-specific consent;
• make and document an independent prescribing or treatment decision;
• arrange appropriate aftercare, follow-up, urgent advice and adverse-event reporting; and
• make accurate, contemporaneous records sufficient for continuity, audit and accountability.

34.3 A Prescriber must personally decide whether a prescription is clinically appropriate and legally valid. A Practitioner must not pressure a Prescriber, misrepresent a decision or administer a prescription-only medicine without a valid patient-specific direction or other lawful authority.

34.4 A Member must not work around, falsify or encourage another person to bypass any consent, declaration, eligibility, approval or other safeguard within the Hub.

34.5 Members remain responsible for premises, infection prevention, medicines storage, cold chain, stock, administration, devices, waste, emergency preparedness, treatment technique and any regulated activity outside the Hub.

35. Patient records and confidentiality

35.1 You may enter Patient information only where you and any clinic for which you act are legally entitled to do so. The relevant controller must provide privacy information and document an Article 6 lawful basis and, for health data, an Article 9 condition before processing.

35.2 You must collect only information that is adequate, relevant and necessary; keep it accurate; limit access to people who need it; protect it from unauthorised disclosure; and use it only for lawful care, prescribing, dispensing, governance and related purposes described to the Patient.

35.3 Before disclosing identifiable Clinical Data to an independent Prescriber, the Aesthipharma pharmacy or another independent Controller, the originating Member must ensure the Patient has been properly informed, the disclosure is necessary and within the Patient’s reasonable expectations, and any express permission required by the common-law duty of confidentiality or professional rules has been obtained. The recipient must keep the information confidential and use it only for the disclosed clinical, prescribing, dispensing, safety or legal purpose.

35.4 Patient-facing form links are confidential and intended for the named Patient. You must verify the destination and recipient, use an appropriate communication channel, tell the Patient not to forward the link and report a misdirected or exposed link immediately.

35.5 You must review information before completing a consultation or relying on it. A completed record must not be altered, backdated or obscured. Where a correction function is available, you must use it so the record history remains intelligible. Any correction or later clinical event for which the Hub has no suitable function must be documented in your own appropriate clinical record and linked or cross-referenced where reasonably possible.

35.6 You must not use AesthiHub as your only business-continuity measure. You are responsible for determining how long you must retain records and for exporting or otherwise preserving them where required by law, professional standards, insurer requirements, limitation periods or continuity of care.

35.7 A Patient record must not be assigned to the wrong person, combined without verification or used for a different Patient. You must promptly report suspected misidentification or unauthorised access.

36. Medical forms, declarations, consent and signatures

36.1 Starter templates are editable administrative structures. Unless expressly stated otherwise, they contain no treatment-specific clinical content and are not legal advice, clinical approval, insurer approval or a substitute for your protocol.

36.2 Before clinical use, the responsible professional must review and customise each form for the exact treatment, product, indication and Patient, using current product information, professional guidance, local protocol and insurer requirements. An unfinished or uncustomised template must not be presented as ready for clinical use.

36.3 A declaration, consent decision, electronic signature or audit record is evidence of an action recorded through the platform. It does not by itself establish identity, capacity, authority, understanding, voluntariness or legally and clinically sufficient informed consent.

36.4 A form or signature does not replace an individual discussion with the responsible professional. Clinical consent and consent under data-protection law are different concepts and must not be conflated.

36.5 A Patient may decline a decision or withdraw clinical consent at any time before or during treatment. The Member must respond safely, respect and record that choice, and must not use a separate workflow to defeat it.

36.6 You must check that practitioner-only information is completed accurately before asking the Patient to decide or sign and that the Patient can see the information on which their decision is based.

37. Consultation and treatment records

37.1 Completed consultation and treatment records preserve what was recorded at a point in time and cannot generally be edited afterwards. You must verify them before completion. Where a correction function is available, use it; document any other correction or later event in your own appropriate clinical record.

37.2 Recorded proposals must never be represented as proof of what was administered. Where treatment differs from what was planned, the treating professional must record what was actually done. The complete treatment record, whether held in the Hub or the Member’s other appropriate clinical system, must contain every clinically required detail, including the product, batch, expiry, dose, treatment date, reason for any material change and any renewed discussion or consent required.

37.3 Hub records support traceability but do not replace the complete treatment record required by the responsible professional’s regulator, insurer or local protocol.

38. Products, prescription workflows and orders

38.1 A product added to a consultation or prescription draft is a proposal only. It is not a prescription, prescribing instruction, clinical recommendation, reservation of stock or guarantee of supply.

38.2 A prescription exists only when an authorised Prescriber has made the independent clinical decision and the prescription meets every applicable legal requirement. An electronic status, click, typed name, drawn signature or ordinary audit record does not by itself make an electronic private prescription legally valid.

38.3 The Prescriber must protect their credentials, review every final prescription particular and personally perform the act that shows their intention to sign. Where Aesthipharma supplies an electronic signature or transmission mechanism, Aesthipharma is responsible for operating that mechanism as described and must not represent its output as a legally valid electronic prescription without documented legal and technical assurance. Unless and until that assurance is confirmed, the Hub output must be treated as a prescription draft and a separate legally valid prescription must be received before dispensing. The pharmacy must verify validity and integrity and may require further information, a different prescription format or additional verification.

38.4 Aesthipharma, acting as the registered pharmacy, makes its own professional and legal supply decision. It may query, hold, reject or refuse to dispense or supply an order even if a Hub workflow shows it as complete.

38.5 Technical safeguards within the Hub support a workflow. They do not make a clinical decision and do not guarantee that every legal or professional requirement has been met.

38.6 Product availability, price, payment, delivery, collection, cancellation and returns are governed by Parts A and B. A prescription or consultation link does not guarantee a price or availability.

39. Prescriber profiles and Find a Prescriber

39.1 Creating and activating a directory profile is optional. Setting a profile to Active instructs Aesthipharma to display the selected profile information to approved AesthiHub practitioner and prescriber account holders through Find a Prescriber. Deactivation stops future directory display, subject to reasonable technical processing and lawful retention of account, acceptance and audit records.

39.2 An Active profile may display the profile information you complete, which may include your name, image, professional or regulatory-body details, greeting, coverage areas, the products you are willing to prescribe and any website or social links you add. Contact telephone numbers, email addresses, verification documents, indemnity certificates, account credentials and information about other Members or connections are not displayed on the directory card through this feature.

39.3 You are responsible for ensuring profile content is accurate, current, professional, lawful and not misleading. Coverage areas must be expressed as broad towns, cities or localities. You must not include Patient information, exact private addresses, full private postcodes, unlawful medicines advertising, content outside your scope or links that breach law or professional rules.

39.4 Find a Prescriber is a neutral search and connection facility. Results may be ordered or filtered using technical factors such as the search entered, location or coverage information, profile fields and system presentation. At the effective date there is no fee to submit or accept a connection request and no paid or promoted placement. Any future fee or promoted placement must be disclosed clearly before it applies.

39.5 A profile, approval or verification check is not an endorsement, recommendation or guarantee of registration, competence, insurance, conduct, availability or suitability. Members must make their own checks before working together.

39.6 Aesthipharma may ask you to correct a profile, or may hide or remove it, where information is inaccurate, approval is no longer current, or it reasonably considers this necessary for law, safety, security, professional standards or platform integrity.

40. Connections and professional relationships

40.1 A requesting Member selects which Prescriber to contact. The Prescriber may accept, decline or not respond and has no obligation to prescribe, enter a commercial arrangement or give a reason except where law requires one.

40.2 A request or acceptance does not create an employment, worker, agency, partnership, referral, clinical or commercial relationship with Aesthipharma. Any arrangement between Members is their responsibility, although parts of their workflow may take place through the Hub and Aesthipharma may separately act as the dispensing pharmacy.

40.3 Information about another Member may be used only to assess, establish and conduct the relevant professional relationship, deal with a complaint or legal obligation, or for another purpose for which a valid lawful basis exists. It must not be scraped, sold, added to an unrelated marketing list or shared more widely without lawful authority. After a request is declined, its contents must not be used to continue pursuing that relationship and may be retained or used only for the outcome record, a complaint, a legal or regulatory requirement, or another separately lawful purpose.

40.4 Members must agree responsibility for Patient transparency, data sharing, clinical records, response times, fees and continuity. Aesthipharma does not guarantee another Member’s performance or payment.

40.5 Aesthipharma records the participants, timing, status and outcome of connection requests and related audit events to operate and secure the facility, handle complaints and evidence how connections were initiated. Retention and Controller purposes are described in the Privacy Notice.

41. Connection messages

41.1 A connection conversation opens when a request is sent. While a request is pending, the selected Prescriber may send the first message. Once the connection is accepted, both participants can message each other. Declining or revoking a connection closes ordinary message access. The ordinary Hub interface restricts a conversation to its participating Members. Messages are not public, but they are stored on Aesthipharma’s systems as ordinary database content and are not end-to-end encrypted.

41.2 Aesthipharma does not routinely or continuously read messages. Authorised Aesthipharma personnel and contracted service providers may access, preserve or review content on a confidential, need-to-know basis where reasonably necessary to provide support, maintain security, investigate a complaint or suspected misuse, protect a person, enforce these Terms, or comply with legal, court, professional or regulatory requirements. Privileged access to message or Clinical Data must be appropriately authorised, restricted and auditable.

41.3 Connection chat is for professional introductions and relationship administration. It must not be used:

• for Patient-identifiable or special-category information;
• as the clinical record or the sole basis for a consultation, treatment or prescribing decision;
• for an emergency or urgent safeguarding matter;
• to harass, threaten, discriminate, impersonate, deceive or exploit;
• for spam, scraping or unrelated marketing;
• for unlawful medicines promotion, supply or inducement;
• to infringe confidentiality, privacy, intellectual-property or other rights; or
• to transmit malicious code or unlawful content.

41.4 You may report a concern to help@aesthipharma.co.uk. Aesthipharma may investigate proportionately, restrict messaging, preserve relevant evidence, take other proportionate action or suspend access. Aesthipharma is not required to limit review to material supplied by the reporter where wider review is reasonably necessary and lawful.

41.5 Messages are retained for the period set out in the Privacy Notice and then deleted from the active message store. Aesthipharma may preserve specified evidence where reasonably necessary for a complaint, investigation, legal hold or legal or regulatory obligation. Backup deletion may follow a separate controlled cycle described in the Privacy Notice. A request for earlier erasure will be assessed under applicable data-protection law and the rights and obligations of all parties; deletion is not guaranteed merely because either participant asks.

41.6 Email or other alerts are conveniences only. Delivery is not guaranteed, and Members must check the Hub where a timely response matters.

42. Data protection and confidentiality

42.1 Each party must comply with applicable data-protection and confidentiality law. The purpose-by-purpose roles are described in the Privacy Notice and Schedule 1. A party’s role is determined by its actual decisions and processing, not merely by where data is stored or a label in these Terms.

42.2 For the processing described by the current service, the parties intend the following allocation. The allocation must be read according to the parties’ actual decisions and Data Protection Law:

• Aesthipharma is controller for its Account Data, verification, directory, connection administration, platform security, audit, support and legal-compliance purposes;
• a clinic or professional is controller for the Patient and Clinical Data for which it determines the purposes and essential means;
• Aesthipharma acts as processor when it only hosts or handles that Clinical Data on the Member controller’s documented instructions;
• a Prescriber ordinarily acts as an independent controller when using Patient information to make and record an independent prescribing decision; and
• Aesthipharma acts as an independent controller for prescription receipt, dispensing, pharmacy records, product supply and its own legal and professional obligations.

42.3 Where Aesthipharma is Processor, Schedule 1 applies. Where Members disclose Personal Data to each other as independent Controllers, each must provide required transparency, identify a lawful basis, keep it secure, honour applicable rights and notify the other party of an incident where cooperation is required.

42.4 An independent Controller receiving Clinical Data through the Hub may use it only for the Patient-specific clinical, prescribing, dispensing, safety, complaint or legal purpose for which it was disclosed. It must preserve confidentiality, restrict access, avoid unnecessary copying, retain the data only for its own lawful period and cooperate reasonably on accuracy, rights requests, incidents and regulator enquiries. It must not use the information for unrelated marketing or another Patient.

42.5 You must notify Aesthipharma without undue delay of suspected unauthorised access, loss, misdirection, security weakness or Personal Data breach affecting the Hub and cooperate with proportionate containment and investigation.

42.6 You must not attempt to access another Member’s or Patient’s records without authority, defeat access controls, test security without written permission, extract data in bulk, or use information to build a competing directory or marketing database.

42.7 Aesthipharma does not sell Member or Clinical Personal Data and will not disclose it to a third party for that third party’s own direct marketing without a separate lawful basis and required transparency.

42.8 A person may make a data-protection complaint to help@aesthipharma.co.uk. Aesthipharma will facilitate complaints, acknowledge receipt within 30 days, take appropriate steps to investigate and respond without undue delay, keep the complainant informed where an investigation continues, and explain the outcome. This does not restrict the right to complain to the ICO or pursue another lawful remedy.

43. Member Content and intellectual property

43.1 You retain ownership of Member Content. You grant Aesthipharma a non-exclusive, royalty-free licence for the term of the service to host, copy, transmit, display, back up, secure and otherwise process Member Content only as needed to provide, protect and lawfully operate the Hub and meet the contract and legal obligations. Any processing outside the UK remains subject to Schedule 1 and applicable transfer safeguards.

43.2 You confirm that Member Content is accurate so far as reasonably possible, lawful, relevant, free from malicious material and that you have the rights and permissions needed to use it.

43.3 Aesthipharma and its licensors own the Hub software, design, branding, non-Member content and associated intellectual property. No ownership transfers to you. You may not copy, reverse engineer, resell or make the Hub available to another person except where law prevents that restriction or Aesthipharma agrees in writing.

43.4 Aesthipharma may use feedback to improve the service and will process any associated Personal Data as described in the Privacy Notice. Processor-held Clinical Data will not be used for Aesthipharma’s own analytics, benchmarking, model training or product development unless the Member Controller gives documented lawful instructions, or the information has first been rendered genuinely anonymous so data-protection law no longer applies. Any separate Aesthipharma Controller use requires its own lawful basis and transparent notice.

44. Third-party services and links

44.1 The Hub may link to or use services supplied by third parties, including CPD Passport, address or map providers and communications or hosting providers. A link is not an endorsement.

44.2 An external service is governed by its operator’s own terms and privacy notice, and following a link does not automatically transfer Hub records to it unless a future integration clearly explains and lawfully implements that transfer. Members must review the third party’s terms, privacy information and suitability.

44.3 Aesthipharma is responsible for its own selection and management of processors as required by law, but does not control a third-party service used independently by a Member.

45. Service availability, maintenance and change

45.1 Aesthipharma aims to provide a reliable service but does not promise uninterrupted or error-free availability, permanent availability of every feature, or that an alert, email or integration will always arrive. Maintenance, security work, provider failure and events outside reasonable control may interrupt access.

45.2 Aesthipharma may make proportionate changes for security, law, regulation, safety, compatibility, performance or service improvement.

45.3 You must keep appropriate local continuity arrangements and must not delay urgent care, prescribing decisions, safeguarding action or statutory reporting because the Hub is unavailable.

46. Suspension, investigation and termination

46.1 Aesthipharma may restrict a feature, hide a profile, suspend an account or terminate access where reasonably necessary because of material breach, false or expired credentials, compromised security, unlawful activity, patient-safety risk, regulator action, misuse, non-payment where applicable, or protection of the service or another person.

46.2 Aesthipharma will give the reason and reasonable notice where lawful and practicable, but may delay or limit information where disclosure could prejudice security, safeguarding, a complaint, legal proceedings or a regulatory investigation.

46.3 Suspension or closure does not erase records automatically. Subject to safety, law and the rights of others, Aesthipharma will provide a reasonable process and window for an authorised Controller to export Processor-held Clinical Data. Return, deletion, continued restricted access and legal holds are governed by Schedule 1 and the published retention information.

46.4 Clauses intended to continue, including confidentiality, data protection, records, intellectual property, liability, accrued rights and governing law, survive termination.

47. Changes to this Part

47.1 Aesthipharma may update this Part and Schedule 1 at any time. Changes take effect when published on the website or in the Hub, and your continued use of AesthiHub after that constitutes acceptance.

47.2 Where a change materially alters Schedule 1, we will notify affected Member Controllers.

47.3 A change does not apply retrospectively to completed transactions unless law requires it.

48. Notices and general provisions

48.1 Notices to Aesthipharma may be sent to help@aesthipharma.co.uk unless a specific legal or privacy route is stated. Aesthipharma may send notices to the email registered to your account or display them prominently in the Hub.

48.2 You may not assign or transfer your account or contract without Aesthipharma’s written agreement. Aesthipharma may transfer the contract as part of a genuine reorganisation or transfer of the service, provided this does not materially reduce your rights and data-protection requirements continue to be met.

48.3 If a provision is unenforceable, it will be treated as modified only as far as necessary and the rest will continue. Delay in enforcing a right is not a waiver. Except where expressly stated, a person who is not a party has no right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999.

49. Liability

49.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, breach of terms implied by law that cannot be excluded, or any other liability that cannot lawfully be excluded or limited.

49.2 Each Member is responsible for their professional acts and omissions, clinical judgment, prescribing, treatment, records, Member Content and relationship with another Member. Subject to clause 49.1, Aesthipharma is not responsible for those matters to the extent a loss was not caused by Aesthipharma’s own breach, negligence or failure to perform a duty it owed.

49.3 Aesthipharma does not exclude or limit responsibility for its own obligations as registered pharmacy, controller or processor where doing so would be unlawful. Aesthipharma remains responsible for the security and operation of the platform to the extent required by the contract and law.

49.4 Subject to clause 49.1 and to the extent permitted by law, neither party is liable for indirect or consequential loss, or for loss of profit, revenue, business or goodwill, that was not reasonably foreseeable when the contract was made. This clause does not exclude reasonable costs of restoring or reconstructing data where those costs result directly from a party’s actionable breach.

49.5 No platform template, safeguard, status or verification reduces a Member’s professional duty. Equally, a Member-responsibility clause does not excuse Aesthipharma from loss caused by its own actionable breach.

50. Governing law and disputes

50.1 The parties should first try to resolve a concern by contacting help@aesthipharma.co.uk. This does not restrict a person’s right to contact a regulator, the ICO, a court or emergency service.

50.2 This Part and any non-contractual dispute are governed by the law of England and Wales. Subject to any mandatory jurisdiction that cannot be excluded, the courts of England and Wales have exclusive jurisdiction.

Schedule 1 - UK GDPR Data Processing Terms

This Schedule forms part of Part D of these Terms and Conditions.

1. Status and scope

1.1 This Schedule applies only where a Member is Controller of Personal Data and Aesthipharma processes that data as Processor to provide AesthiHub. It forms part of the contract between them. It does not govern processing for which Aesthipharma is an independent Controller, including its account, platform-security, legal-compliance and registered-pharmacy purposes.

1.2 If the parties’ actual decisions make them joint controllers or make Aesthipharma an independent controller for a purpose, they must document the correct arrangement; this Schedule does not override the legal facts.

1.3 In this Schedule, Data Protection Law means the UK GDPR, Data Protection Act 2018, Privacy and Electronic Communications Regulations 2003 and other applicable UK data-protection law, as amended.

2. Processing details

Item	Description
Subject matter	Hosting and operation of AesthiHub clinical and administrative functions selected by the Member.
Duration	For the contract term and the approved return, deletion, backup and legal-hold period after it ends.
Nature	Collection, recording, organisation, storage, retrieval, display to authorised users, transmission, linking, versioning, backup, security logging, support, export and deletion or archiving according to documented instructions.
Purposes	Patient administration, appointments, medical forms, consultations, consent evidence, treatment records, prescription workflow, record continuity and related support as instructed by the Member.
Data subjects	Adult Patients; Members and their authorised staff; connected professionals; and people recorded in audit or support information.
Personal Data	Identity and contact details; date of birth and age evidence; appointments; communications; form questions and answers, including photograph-permission responses; declarations and signatures; consultation, treatment and product information; professional notes; prescription and order links; identifiers, timestamps and audit or security metadata.
Special Category Data	Physical or mental health, medical and medicines history, allergies, treatment information, treatment records that reveal health information, prescriptions and other health-related records.
Controller instructions	These Terms, the Member’s lawful use of configured Hub functions, documented support requests and further written instructions agreed by Aesthipharma.

 

The Hub is restricted to records for Patients aged 18 or over. The Member must not use it for a minor unless Aesthipharma has expressly introduced and documented a lawful, safeguarded workflow.

3. Controller obligations

The Member Controller must:

• process lawfully, fairly and transparently, and provide required Patient privacy information;
• identify and document an Article 6 basis and Article 9 condition;
• issue only lawful instructions and ensure data is adequate, relevant, limited and accurate;
• control authorised users, permissions, devices, exports and onward disclosures;
• respond to Data Subjects and regulators as Controller;
• make any required DPIA, consultation, record of processing or appropriate policy document;
• set lawful retention instructions and preserve required clinical records; and
• notify Aesthipharma promptly of errors, rights requests, incidents or changed instructions requiring assistance.

4. Processor obligations

Aesthipharma must:

4.1 process Personal Data only on documented Controller instructions, including transfers, unless UK law requires otherwise; if legally permitted, Aesthipharma will inform the Controller before required processing;

4.2 immediately inform the Controller if it reasonably believes an instruction infringes Data Protection Law and may pause that instruction while it is clarified;

4.3 ensure people authorised to process the data are bound by confidentiality and receive appropriate access and data-protection instruction;

4.4 maintain appropriate technical and organisational security proportionate to the risk, addressing confidentiality, integrity, availability, resilience, restoration, access control, logging, vulnerability and incident management;

4.5 taking account of the nature of processing, assist the Controller by appropriate technical and organisational measures with Data Subject requests;

4.6 assist with security, breach notification, DPIAs and prior consultation, taking account of the information and processing available to Aesthipharma;

4.7 maintain legally required records and make information reasonably necessary to demonstrate Article 28 compliance available to the Controller; and

4.8 not sell Processor-held Clinical Data or use it for unrelated advertising, Aesthipharma’s own analytics or benchmarking, model training or product development, except on documented lawful Controller instructions or after the information has been rendered genuinely anonymous.

5. Personal Data breaches

5.1 Aesthipharma will notify the Controller without undue delay after becoming aware of a Personal Data breach affecting Processor-held data and provide available information reasonably needed for the Controller’s assessment and notification duties.

5.2 Notification is not an admission of fault. The parties will cooperate on containment, evidence, risk assessment, communications and remediation. The Controller decides whether it must notify the ICO or affected people unless Aesthipharma has a separate duty for its own Controller processing.

6. Subprocessors

6.1 Aesthipharma will make available to the Controller, on request, a current written subprocessor list identifying each subprocessor’s service and processing location. The Controller gives general written authorisation for the subprocessors on that supplied list.

6.2 Aesthipharma will give reasonable prior notice of an intended addition or replacement and a reasonable opportunity to object on documented data-protection grounds. The parties will try to resolve a valid objection; if they cannot, the affected service may be terminated in accordance with the agreed process.

6.3 Aesthipharma must impose materially equivalent Article 28 obligations on each subprocessor and remains responsible to the Controller for the subprocessor’s performance to the extent required by law.

7. International transfers

Aesthipharma will not transfer Processor-held Personal Data outside the UK unless the transfer is lawful and covered by an applicable adequacy regulation, UK International Data Transfer Agreement or addendum, or another valid safeguard, with any required transfer risk assessment and supplementary measures. The subprocessor information made available under paragraph 6.1 identifies relevant transfer locations and safeguards.

8. Return, export and deletion

8.1 During the contract, the Controller may use available export tools and the agreed support route. On reasonable request, Aesthipharma will provide a documented export or return process and make Processor-held Personal Data available in a commonly used format where reasonably available and required by Data Protection Law.

8.2 On termination or written instruction, Aesthipharma will return or delete Processor-held Personal Data as the Controller chooses and, after returning it where that option is selected, delete remaining copies unless law requires retention. Deletion from active systems and backups may follow different controlled cycles, which are set out in our retention information, available on request.

8.3 Aesthipharma may isolate and retain data only where required by law, instructed by the Member Controller or necessary for a clearly documented purpose for which Aesthipharma is an independent Controller. Access will be restricted to that purpose. The parties will cooperate so that return or deletion does not unlawfully prevent continuity of care or compliance with a known professional-record duty.

9. Audit and inspection

Aesthipharma will provide current independent assurance, policies or other proportionate evidence where available and allow a reasonable audit where that evidence is insufficient. Audits must be relevant, protect other customers and security, use an independent bound auditor where appropriate, occur on reasonable notice and avoid unnecessary disruption. Restrictions do not prevent a regulator exercising its powers.

10. Priority and liability

If this Schedule conflicts with another term of these Terms about Processor obligations, this Schedule prevails. Liability under it is subject to lawful limitations in Part D, but no limitation applies where law prevents it.