PLATFORM TERMS AND CONDITIONS

Welcome to PatientPerfect operated by Cliona Tech Ltd (PatientPerfect), a software solution that provides a membership and loyalty app for patients of health, wellness and aesthetics clinics. Before you start using our platform we have to set out the rules which will govern PatientPerfect’s relationship with you. We have done our best to make them as easy to understand as possible but if you have any questions at all, feel free to contact us at support@patient-perfect.com.

SECTION 1 - ABOUT US AND THESE TERMS

THESE TERMS

In these terms and conditions (together with the documents referred to in them) (the Terms), we’ll refer to our Website, which refers to all our sites located at or accessible through https://patient-perfect.com/ and any downloadable Mobile Application or Web Application, which may be accessible on desktop and mobile devices, together as our Platform. References to our Website include our owned sites, but do not include links to third-party sites, such as the sites of our partners.

These Terms govern your relationship with us when you access our Platform and once you start using our Platform you are taken to have understood and accepted these them. These Terms will form a binding agreement between you as a user of PatientPerfect’s Platform (a User and a patient) and us so please read them carefully.

In these terms, we refer to you, along with all visitors, customers and patients as Users. Users can use PatientPerfect to purchase Services, Packages and Memberships from clinics, purchase products from Clinics (Products) and earn Loyalty Benefits with them. The precise menu of available Memberships, Services, Packages Products and Loyalty Benefits is determined by each participating Clinic. Users are able to access relevant purchase details and manage their Clinic Memberships and Loyalty Benefits through PatientPerfect’s proprietary systems. Access to the Products, Services Membership and Loyalty Benefits of Clinics facilitated through PatientPerfect requires each User to set up a personal Account.

WHO WE ARE

We are Cliona Tech Ltd, trading as PatientPerfect, a company incorporated and registered in England and Wales with company number 15402325. Our registered office is at 124 City Road, London, EC1V 2NX (referred to as Cliona, we, our and us). Thank you for using our service.

OTHER APPLICABLE TERMS

These Terms also include our Privacy Policy (the Privacy Policy). You should read the Privacy Policy as it sets out the terms on which we process (collect, use, share, etc.) any personal data we collect from you or that you provide to us and how we will communicate with you via the Platform. Any disclaimers shown on our Platform, are also to be read in conjunction with and form part of these Terms, and in case of any conflict with them and any disclaimers set out will take priority.

CHANGES TO THESE TERMS

We may from time to time amend these Terms to ensure that we remain compliant with relevant laws and regulations or to keep up to date with improvements or changes we might make to the services and experiences we can offer to you via our Platform. If we make significant changes to these Terms or to the services within the Platform, we will let Users know what these significant changes are and you may contact us at support@patient-perfect.com if you have queries regarding these significant changes. By continuing to use any of the Platform after changes are made, you are accepting those changes and will be bound by them so please check them from time to time.

SECTION 2 - THE PLATFORM

THE PLATFORM

Our Platform is structured so that you are able to access it via any compatible device of your choosing, whether on desktop, mobile or tablet.

Our Platform may be used by Users to:

• learn about what PatientPerfect offers for users and customers, including the ability to purchase Products, Services and Packages, obtain Memberships with Clinics, and earn Loyalty Benefits with those Clinics;
• view and engage with our Content (which means any audio, video, text, images, trademarks, logos or other content which may be made available to you by us, including but not limited to informational articles, educational materials, and other content owned or controlled by PatientPerfect);
• access links to other parts of our Platform and third party sites (such as our accounts on social media sites or websites of partner organisations).
• sign up and create a personal account (Account), upload personal information to it and edit that information in future.
• Complete one-off and subscription payments for access to the Products and Services of participating Clinics, following the instructions in the Platform;
• search and filter for Clinics, information, data, and other resources we make available via the PatientPerfect Platform;
• sign up to online community events and webinars organised by PatientPerfect or associated Clinics and/or partners;
• receive notifications via push notifications, emails, SMS and when using the Platform. These messages may include information about your Account, Content, the PatientPerfect community, and general product information. You can control your preferences from your settings or by communicating with us directly if changes using your settings are unavailable.
• subscribe to our newsletter.
• access customer support from our support team.
• access our legal and data protection policies.

Please refer to our Privacy Policy for more information on how we process your personal data.

The lists above are not necessarily a complete list of the functions of the Platform and its various aspects, and we may decide to offer additional functions, or stop providing any Platform functions, at any time.

CLIONA TECH AND OUR RELATIONSHIP WITH THIRD PARTIES

Our Platform exists to facilitate your access to the services and benefits offered by Clinics. PatientPerfect is a service, membership and loyalty app designed specifically for patients of Clinics. Through PatientPerfect, patients can easily access Products and Services and manage their Memberships and Loyalty Benefits with selected Clinics. However, Cliona as the operator of PatientPerfect, is not directly involved in the contractual relationship between Clinics and their patients, including where their patients have accessed the Products and/or Services of a Clinic using the Platform. As such, any transactions, relationships or contracts concluded between patients and Clinics, including Bookings, purchasing Products and/or Services, managing Memberships and/or redeeming Loyalty Benefits, are subject to a private contractual relationship between the patient and Clinic. Cliona, as the operator of PatientPerfect, is not party to any agreements or disputes between clinics and patients. Patients engaging with Clinics through PatientPerfect are subject to each Clinic’s separate terms and conditions, consent requirements and privacy policies, which are beyond our control. While we provide a platform for patients to access benefits with Clinics, PatientPerfect is not a Clinic or patient and makes no warranty or representation for the Products, Services, general offerings, legal compliance or other aspects of any Clinics which is in all respects the responsibility of each participating Clinic.

THIRD PARTY SOURCES

Information may be displayed on the Platform which is sourced from third parties (including Clinics) (Third Party Sources). While we may consider these Third Party Sources reputable, we do not guarantee the accuracy of their data, which forms part of the information provided on the Platform. PatientPerfect cannot be held liable or responsible for the accuracy of the information, and each User is responsible for their access to and decisions regarding this information. Information provided on the Platform is for informational purposes only, and Users must conduct detailed independent inquiries before taking any action based on the information accessed on the Platform. PatientPerfect’s role in providing this information is limited to what is set out in these Terms, and obligations beyond these terms are beyond our reasonable control and will never be due to our fault or negligence. For example, we are not directly involved in any transactions or decisions made based on the information provided on the Platform. All Users understand that PatientPerfect is not responsible for verifying the information displayed on the Platform, including relating to the Products and/or Services of Clinics.

SECTION 3 – REGISTRATION AND PAYMENTS

ACCOUNT SET UP

To use and fully access the Platform (other than what is available on the Platform before being prompted to create an Account), you will have to sign up to create an Account. Users can create an account following the instructions shown and by providing at least the following details, along with any other personal information requested from you at the point of registration which may include email, full name, contact phone number, secure password, and other classification information required at the point of sign up.

ACCOUNT RULES

Retention of your Account is conditional on continuously complying with the requirements of these Terms on an ongoing basis. You must be at least 18 years old to access our Platform.

We reserve the right at our sole discretion to temporarily or permanently remove your Account from the Platform if we believe it is appropriate or necessary to do so (for example if we suspect or identify that you are in breach of these Terms) and we shall not be required to refund any prepaid sums in such cases.

All Users must provide truthful and accurate information when registering with us – this helps us provide you with the best service. Any incorrect or untruthful information provided may result in temporary or permanent expulsion from our Platform, along with any other legal rights available to PatientPerfect in accordance with these Terms and applicable law (including where you have used a false or hidden identity to fraudulently access our Platform and our copyright). We reserve the right to take any action necessary with respect to your access to the Platform as a result, including reporting you to relevant authorities or making a claim against you in certain severe situations.

Users are responsible for looking after the security of their Account information. This means that you are responsible in all respects for all activities that happen on your Account and for any access to or use of the Platform by you or any person using your account even if that access or use has not been authorised by you.

Please immediately notify us of any unauthorised use of your Account or any other breach of security relating to the Platform. We are not responsible for any loss or damage caused by the disclosure of your Account details to someone else, whether to you or any other User interacting with you via the Platform. You are responsible for ensuring that the information we hold about you is up to date. Please amend your details as appropriate from time to time to notify us of any changes.

FEES AND PAYMENT

Access to Clinic offerings, purchasing Products and/or Services, or signing up for Membership are subject to payment of one-off or subscription fees (the Fees). Fees will be billed as indicated on the Platform. We accept payments from all major debit and credit cards, Apple Pay and Google Pay wallet payments, and PayPal.

Users will not be charged fees for unless expressly agreed and communicated. All payments will be made using third-party payments providers (each a Payment Service). When making a payment through a Payment Service, you will be subject to the Payment Service’s separate terms and conditions. These may include Stripe and Klarna.

Please note that you must be legally authorised to make payments with your selected payment method. Where you believe an unauthorised payment has been made, please immediately contact your bank or other relevant authority and report this (although we cannot guarantee that your bank or other relevant authority will investigate). We will not deal with reports of unauthorised payments directly.

PROMOTIONS AND PROMOTIONAL CODES

Clinics may from time to time provide certain promotions or rewards, for example as one-off promotions or as part of a loyalty or referral programme. You agree that you will use promotions or rewards only in accordance with these Terms, or any additional terms we put in place for the relevant promotion or rewards including those displayed on our Website (whether or not marked as legal terms), or the terms of any third parties we partner with for the processing of rewards.

PatientPerfect reserves the right to withhold features or benefits obtained through the use of a promotions or loyalty or referral programmes by you or any other User if we believe that the use or redemption of a promotion or programme was in error, fraudulent, illegal, or in violation of the terms of the promotion or programme or of these Terms.

SECTION 4 – GENERAL LEGAL TERMS

PLATFORM AND USER CONTENT LICENCE RESTRICTIONS

Except as expressly allowed in these Terms, you may not:

• copy the Platform or User Content (defined below);
• transfer any part of the Platform or User Content to anyone else, except where we make possible and encourage sharing;
• sub-license or otherwise make the Platform or User Content available in whole or in part (and whether in object or source code form) to any person;
• make any alterations to, or modifications of, the Platform or User Content; or
• disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Platform or User Content or attempt to do so,

(together the Platform and User Content Licence Restrictions).

TERMINATION OF YOUR RIGHTS

We may end or suspend your rights under these Terms immediately and without notice if:

• you have breached any of the Platform and User Content Licence Restrictions or Acceptable Use Restrictions;
• we believe that your use of the Platform on an independent occasion or on a continued basis is unsuitable or inappropriate in any way at our sole discretion; or
• you are otherwise in breach of these Terms.
• If we end your rights under these Terms:
• you must immediately stop all activities authorised by these Terms, including your access to and use of any or all of the Platform;
• if we ask you to you must immediately delete or remove the Platform from all devices then in your possession, custody or control and, if required, confirm to us that you have done so;
• you must immediately settle any debts due to us or any other party in accordance with these Terms; and
• you will not be entitled to any refund as a result of your breach or unsuitable use.

INTELLECTUAL PROPERTY RIGHTS AND USER CONTENT

This section sets out who owns what in terms of the Platform. It also sets out how we will treat any content that you provide to us (other than your private personal and medical information) (the User Content) and what your obligations are in relation to that User Content. User Content includes but is not limited to information which you provide, or when otherwise publicly sharing information through the Platform. This section is subject at all times that all personal information which you provide to us in when setting up your Account will be kept strictly confidential in accordance with these Terms and our Privacy Policy.

You agree that:

• in respect of the User Content that you create, upload, send, share or post to us that:
• you retain the ownership rights in the User Content;
• you grant us a perpetual, royalty free, non-exclusive licence (including the right to grant sub-licences) to use, copy, distribute, reproduce and publish any and all User Content (including, without limitation, on our Website, on other websites, and in promotional and/or marketing material developed in each case whether developed by us or on our behalf);
• we may disclose your identity to any third party who claims that the User Content posted or uploaded by you defames them, constitutes a breach of their intellectual property rights or breaches their right to privacy; and
• you make your User Content available to us in the manner envisaged by these Terms without payment or other compensation to you, regardless of how we use the User Content.
• subject to the previous bullet point, the Platform and all material published on, in, or via all aspects of it is owned and controlled by, or licensed to us.

You represent and warrant on an ongoing basis that you:

• are the owner or authorised licensee of all User Content;
• have all necessary rights (including, but not limited to, all intellectual property rights) and consents required to publish the User Content and to grant us the rights in the User Content as set out in these Terms;
• will not send us or post User Content that violates applicable law, regulations, these Terms or any other relevant PatientPerfect policy; and
• have all required permissions and consents from any third party whose personal information is included in any User Content.

Where we host community events or otherwise share materials with our community including User Content, you agree that we exclusively own the intellectual property rights in all online or printed materials, and the content presented

INTERACTION AND REPORTING

All Users acknowledge and agree that they are responsible for their own interactions on the Platform and with other PatientPerfect Users where there are connecting opportunities (such as at community events). Users should use the reporting mechanism below to ensure that any harmful content or behaviours are identified and addressed as efficiently as possible. Users acknowledge that PatientPerfect is at all times entitled and permitted to monitor and view all Users’ interactions with and within the Platform.

All issues, queries or claims in respect of a particular Clinic accessible via the Platform must be addressed directly through the relevant Clinic. However, we may take appropriate action on our Platform if we deem it necessary or appropriate.

Reporting mechanism: If you encounter anything which appears on our Platform which you find offensive, abusive or in any way inappropriate or generally inaccurate then please notify us as soon as possible. You can report any offensive, abusive or inappropriate Content or User Content or other issue to us via support@patient-perfect.com and request that the matter is investigated. One of our team will then review your report and take any action we deem appropriate at our sole discretion. Please note however that our action in respect of matters which should be raised directly with a Seller and/or Agent may be limited to communicating with them in our capacity as an information tool.

AVAILABILITY OF THE PLATFORM

The Platform is provided on an "as is" basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Platform, or that they will be secure, uninterrupted or free of defects.

Your access to any of the Platform may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. Availability of our Platform may also be interrupted in the case of events or occurrences beyond our reasonable control. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.

ACCOUNT DELETION

If you wish to terminate your Account with us, you can do so at any time by deleting your Account, or contacting us to request that it is deleted. Please remember that you will not be refunded for payments already made if you choose to do so. Once an account has been cancelled or deleted, we may send you a notification to confirm that the cancellation or deletion has occurred successfully. At such time, you may lose any benefits acquired up to the point of deletion.

WEBSITES WE LINK TO

The Platform may link to other third party websites from which third party services can be obtained (including those of Clinics). Whilst we reasonably believe that these are reputable sources of such services, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies. Essentially, we will do our best to ensure they are safe but you access any third party at your own risk.

COMPUTER VIRUSES

We do everything we can to ensure that no part of the Platform will contain or spread any viruses or other malicious code but this section explains how you can best protect your devices. We recommend that you ensure that equipment used to access the Platform run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Platform (if applicable) and regularly check for the presence of viruses and other malicious code. To the fullest extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Platform.

NO RELIANCE ON INFORMATION

All information published on or via the Platform, including any Clinic Membership offerings or Loyalty Benefits, any blog posts or newsletters, videos and our general library of content available through our Platform from time to time are provided in good faith and for general information purpose only.

The information we share is based on our industry experience or pulled from sources we believe to be reputable, but all Content accessible through the Platform, is provided “as is” with no promises for its reliability on a case-by-case basis and generally. We hope that PatientPerfect will be useful for all Users, but you must not make decisions solely based on PatientPerfect Content – you must make your own detailed enquiries.

If you find anything on our Platform that you believe is not accurate, please let us know and we will do our best to verify and amend the information. We make no warranties about the completeness, reliability, or accuracy of the information on our Platform. Any action you take based on such information is taken at your own risk.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We do not exclude or limit 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 and for fraud or fraudulent misrepresentation. However, please note that health and safety issues arising from decisions you make linked to Content sourced on PatientPerfect will not be under any circumstances attributable to our negligence or failure to deliver our software service.

We provide the Platform for the purposes outlined in these Terms. You agree not to use any part of the Platform for any purpose not expressed or implied by these Terms, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity, or any indirect or consequential loss arising out of or in connection with these Terms, the Platform or its performance. However, you may be required to indemnify us, and we will be entitled to apply for injunctive relief against you if you have breached these terms, and we can demonstrate that we have been harmed by it.

Except as set out in the paragraph above, you accept and agree we will not be liable for any harmful effect that accessing the Platform may have on you, and you agree that you access and interact with the Platform at your own risk.

COMMUNICATIONS BETWEEN US

If you wish to contact us for any reason, you can do so via support@patient-perfect.com. Other than to provide the services provided within our Platform, we will only contact you if we make any relevant updates or changes to our services, or where you have signed up for marketing communications. You may opt out of marketing communications at any time. The Platform may use pop-up notifications, unless you disable them. Please note though that it is not possible to disable service information or error alerts.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may not assign or transfer any rights you may have under these Terms without our prior written approval, given at our absolute discretion.

None of the rights or obligations under these Terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to these Terms.

Under these Terms, you are granted a non-exclusive, paid licence only in respect of access to our Platform. Any payments made are in consideration for a licence to access our Platform on this basis for a limited licence period. We retain ownership in the Platform at all times.

If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.

No agency, legal partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by these Terms between PatientPerfect and any User.

Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect. Subject to any applicable law and consumer rights, these Terms are the full agreement between us and our Users.

These Terms are governed by English law and the courts of England and Wales have exclusive jurisdiction.