EV & Partner Terms of Business
The relationship between third-party Partners and members of the public for arranging consultations (virtual or in-clinic) to the extent that these are relevant to EV, are governed by the Booking Terms and Conditions.
Please read these terms carefully before you start to use our Website. We recommend that you print a copy of this for future reference.
By registering an account on our Website, you confirm that you accept these EV & Partners Terms of Business and that you agree to comply with them.
These EV & Partners Terms of Business refer to the following additional terms, which also apply to your use of our Website:
Our Terms of Website Use, which sets out the terms on which you may use our Website. If you do not agree to these Terms of Website Use, you must not use our Website.
Our Booking Terms and Conditions, which sets out the terms on which members of the public may book services with our Partners (you) through the Website.
1. INFORMATION ABOUT US
www.etrevous.com is a Website operated by EV Online Limited t/a Être Vous (‘EV’, ‘we’, ‘us’, ‘our’). We are registered in England and Wales under company number 11493043 and have our registered office at 6th Floor 25 Farringdon Street, London, United Kingdom, EC4A 4AB. Our VAT number is 309266596.
EV is an innovative platform that offers practitioners a high-profile shop window for their business and never switches off, meaning you accrue bookings 24/7. EV makes aesthetic procedures and products mainstream and more accessible to consumers, allowing them to search and book practitioners for virtual and in-clinic consultations.
‘You’ or ‘your’ means you as a healthcare professional or healthcare clinic (Partner). You are not a consumer under these Terms. The EV & Partners Terms of Business cover the B2B relationship between us and yourselves.
2. CHANGES TO THESE TERMS
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
Any key changes to payment terms or methods will be notified to you by email or other contact details registered on your account at least thirty (30) days before any changes are implemented
3. CHANGES TO OUR WEBSITE
We may update our Website from time to time and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
Any notices relating to these EV & Partners Terms of Business may be sent to you on the contact details provided when you set-up an account, or by a notice on the Website.
Booking means a booking made on-line for a virtual consultation, in-clinic consultation or treatment made through the Website.
Partner means a third-party healthcare professionals or healthcare clinics, including doctors, dentists, nurses, aestheticians, therapists and similarly qualified healthcare professionals, listed on the Website.
a) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
b) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
c) A reference to writing or written includes emails.
These Business Terms apply to the relationship between us and you to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
5. SETTING UP A PROFILE
In order to set up a profile on the Website you will need to provide contact details, professional qualifications, professional associations, locations (you can practice at more than one location) and a short biography. If you are a clinic or larger practice, you must input details of all your employees or contractors who are able to provide consultations and treatments and you wish consumers to be able to book with. You confirm that you own or have the rights and consents of all employees or contractors to publish the content onto the Website and for such information to be available to the world.
You will have to add the treatments you can provide at each location and the costs of the consultations (virtual or in person) and treatments (together Bookings). Some treatments may only be provided by certain professions. Where you have not demonstrated that you hold the necessary qualifications, you will not be able to offer those treatments through our Website.
IF YOU ARE PROVIDING ANY BOTULINUM TOXIN PROCEDURES YOU MUST HAVE A IN-CLINIC CONSULTATION WITH THE PATIENT BEFORE YOU CAN BOOK A TREATMENT. UNDER GENERAL MEDICAL COUNCIL GUIDELINES, A PHYSICAL EXAMINATION OF THE PATIENT MUST BE UNDERTAKEN BEFORE A PRESCRIPTION FOR SUCH PRODUCTS CAN BE WRITTEN. YOU CAN ACCEPT A VIRUTAL CONSULATION FOR ADVICE ONLY.
When filling in your biography you must use best endeavours to ensure the information you publish is accurate, complete, truthful and up-to-date. You warrant that the information you provide reflects your true capabilities and qualifications. You warrant that you have the requisite insurance in place to perform your listed treatments. You must comply with clauses 12 and 13 of the Terms of Website Use in populating your information.
You will have the option to add your own photos or use our stock photos, as well as to add links to your social media pages.
If you are provided with photos taken by us, you agree only to use those photos for our Website and your own website. We retain any intellectual property in those photos and they remain the property of EV.
Upon populating your profile, your information will be reviewed by us within 72 hours. In particular, checks will be made with regulatory bodies regarding your professional qualifications. Following review, your profile will either be published, or we will contact you with any queries. Once your profile is published, you will have the opportunity to populate the Meet the Expert section of your profile. You must answer three out of the nine questions to have this section published.
Once your profile is live, you are able to upload your diary to the Website and start accepting bookings for virtual consultations, in-clinic consultations and treatments. You can put in your regular hours at each location, as well as factor in holiday days into the calendar. You will be able to input your availability for up to six (6) months, although consumers will only be able to access the first three months.
By providing your content including photos onto the Website, you grant us a worldwide, irrevocable, royalty-free, fully paid-up, transferable, non-exclusive licence (or sub-licence) to use, reproduce, edit, modify, adapt, distribute and make available such content for the purpose of maintaining the Website, displaying the profile across a range of media, marketing, research and promotional purposes, and any other reasonable purpose for us to perform our rights and obligations under these Terms.
You will be asked to provide a password to access the Website. Each time you enter the Website, you will be sent a second verification code to your registered email address for additional security when using the Website. You must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
7. ACCEPTING BOOKINGS
Once your profile is published, and you have entered your availability, you can accept Bookings. As the Bookings are made in real-time you must accept the Bookings if you have stated that you are available.
When you accept a Booking, a contract arises between you and the patient, to which we are not a contracting party. The default cancellation terms are set out below:
Patients are able to cancel their Booking via the Website more than 48 hours before the Booking and may receive a refund less administration charges. Patients who cancel less than 48 hours before their Booking or do not show up, and have made a payment will be charged the full amount of the Booking cost.
Patients are allowed to reschedule their Booking only once via the website. Any further changes are at your discretion of the Partner, and they will need to contact you directly.
No shows will not be refunded.
Where you have accepted a Booking but are no longer able to make it, you must reschedule with the patient directly.
The default consultation timings are fifteen (15) minutes for a in-clinic consultation, and twenty (20) minutes for a virtual consultation. These can be altered to suit your preferences, but we do not recommend less time. For treatments, you need to upload the approximate time necessary.
When a patient makes a Booking, they will fill out a healthcare questionnaire which you will receive to assist with the Booking.
When you successfully complete a Booking, you need to confirm via the Website.
Under our model, the following payment mechanisms are in place:
Where the patient has made no payment towards a Booking, and the Booking has gone ahead, you pay a fee of £5 per free Booking. Such fees will be settled at the end of the month via Direct Debit to us.
Paid Booking (consultation or treatment)
Where the patient has made a payment towards a Booking, the monies are held by us. Following confirmation that the Booking was successfully completed, we will transfer the monies less 2% of the Booking price or £5, whichever is greater, to you at the end of the month.
Invoices will be created on your account for each Booking, and you will receive a monthly statement accessible on your profile, setting out all movements of money. We are entitled to set-off any funds owed to us from monies being paid to you.
Bookings made in 2019 will not attract any commission or payment due to us.
Bookings made in the first month for Partner registrations made in 2020 will not attract any commission or payment due to us.
You are responsible for any reporting or withholding of tax in accordance with all applicable laws and regulations and requests from the tax authorities. You represent and warrant that you are duly registered with the relevant tax authorities where applicable.
On the completion of your Booking, Patients will be contacted to leave feedback by rating their Booking out of five stars and abiding by our Terms of Website Use. If you are unhappy with any feedback, please contact us at firstname.lastname@example.org. Patients may only leave one review per contact, if you believe that one patient is leaving multiple reviews, please do contact us.
There may be a delay in any feedback being posted on the Website. We reserve the right to remove at our sole discretion any feedback which we believe breaches the Terms of Website Use.
Where a patient has not been happy with their Booking, you agree to use reasonable endeavours to resolve their complaints swiftly and efficiently.
10. VIRTUAL CONSULTATIONS
You will need the following to be able to participate in a virtual consultation:
Operating Systems and Browsers
Windows 7, 8, 10: Google Chrome (latest release version), Firefox (latest release version)
Mac® OS X 10.8.5 and newer: Google Chrome (latest release version)
Android™ 5 and newer
Windows 10: Microsoft Edge (latest release version)
Mac OS X 10.6 and newer: Safari (latest release version), Firefox (latest release version)
iOS: iPhone, iPad, iPod Touch with a front facing camera and iOS 10 and newer
Internet Connection Speeds
You are required to have an active Internet connection with 1mbps of available bandwidth, for the best quality connection we recommend a minimum of 3mbps available bandwidth.
Our app is available on both Apple and Android operating systems.
Virtual consultations are booked in 20-minute sessions to account for any technology issues that may appear, and to ensure a consultation of up to 15 minutes. You must book a consultation of 20 minutes and cannot book individual minutes. Using 5 minutes of the consultation will cost the same as using the whole session; there is no reduction in price for having a shorter consultation. The consultation will be a live stream as well as offering you the option to send instant messages and pictures.
The virtual consultation chat room will be available from two minutes before the scheduled time. You can only access the chatroom through the Website, and you must be logged into your account. You must run a test chat before your consultation to ensure that you meet the minimum requirements for the virtual consultation.
You will call the patient to start the consultation. Should the patient not answer, you must try the patient another two times up to three minutes past the scheduled call-time. If the patient does not answer, it will be treated as no-show. You must enter the chat room by three minutes past the scheduled call-time otherwise the chat room will no longer be accessible.
Time is of the essence in relation to virtual consultations. If you or your patient are late to your appointment, you, solely at your discretion, may choose to make up the time, but you are under no obligation to. No partial or full refunds will be given for failing to turn up on time.
If you experience any connection issues for 45 seconds or longer, the consultation will end. You have the option of trying to reconnect. If you experience faults with the connection of your virtual consultation, please contact us at email@example.com. Our software will be able to determine whether any fault was due to your network or that of the patient’s. Where the fault was due to your connection, the patient is entitled to a full refund or to rebook their consultation. Where the fault is due to the patient’s network, no refund will be due.
Following any virtual consultation, the video and accompanying documents will be available on your account for one month, before a transcript will be saved in your archive. The transcripts cannot be downloaded or printed. Please see the Privacy Notice for further information.
It is your responsibility to familiarise yourself with the Website and in particular the virtual consultation tool. Please access the short how-to-guides. Technical support will be available by email but is not our obligation to provide this.
You have a duty to provide the treatments set out in your profile using reasonable care and skill.
You agree to use best endeavours to deal with any patient complaints or requests in an efficient and responsible manner. You are directly responsible for any issues arising out of the Booking with the patient.
You agree to comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010 (Relevant Requirements);
You have and shall maintain in place throughout the term of your usage of the Website your own policies and procedures, including but not limited to adequate procedures under the Bribery Act 2010, to ensure compliance with the Relevant Requirements, and will enforce them where appropriate;
You will not engage in any activity, practice or conduct which would constitute either:
(i) a UK tax evasion facilitation offence under section 45(1) of the Criminal Finances Act; or
(ii) a foreign tax evasion facilitation offence under section 46(1) of the Criminal Finances Act 2017.
We shall be entitled, without prejudice to its other rights or remedies, either to terminate wholly or in part every Booking between you and us, or to suspend your account and ability to make further Bookings in any of the following events:
a) If any debt is due and payable by you to the us but is unpaid;
b) If you use false or misleading information to apply for an account or make a Booking;
c) You breach the Terms of Website Use; or
d) you breach any section of clause 11.
Either party shall be entitled to terminate the relationship:
If either party commits a breach of the provisions of these Terms and fails to remedy said breach within thirty (30) days of written notice from the other party, then the other party may terminate the Agreement by notice.
Should either party become bankrupt, insolvent or if all or a substantial part of its business or assets be placed in the hands of a receiver, administrator, administrative assistant, trustee in bankruptcy, liquidator or similar or analogous officer or insolvency practitioner, voluntarily or otherwise, the other party may terminate the relationship immediately by notice.
Termination howsoever arising shall not affect any of the parties’ rights that have accrued prior to termination.
Upon termination for any reason, any rights granted to you will cease and your account will be deleted.
You agree to indemnify us and us indemnified at all times against all or any costs, claims, damages or expenses incurred by the us, or for which we may become liable, with respect to any intellectual property infringement claim or other claims relating to the information supplied by you while you have a registered account on the Website. You shall maintain adequate liability insurance coverage.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use, our site;
- Loss of any data;
- Unauthorised access or changes to any data;
- Statements made by third-parties including patient feedback; or
- Use of, or reliance on, any content displayed on our site.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any Website linked to it.
We assume no responsibility for the content of Websites linked on our site. Such links should not be interpreted as endorsement by us of those linked Websites. We will not be liable for any loss or damage that may arise from your use of them.
Except as expressly stated here, in our Booking Terms and Conditions or Terms of Website Use or elsewhere, we do not give any representation, warranties or undertakings in relation to the patients. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for the accuracy of any information submitted by patients.
You must contact us on the contact details below within 30 days of your invoice in relation to any payment questions or concerns.
These EV & Partner Terms of Business shall be governed by the laws of England and Wales, and the English court shall have the exclusive jurisdiction to settle any disputes which may arise out of a Booking.
We will not be liable or responsible for any failure to perform, or delay in performance of, any obligations under these Terms that is caused by an event beyond our reasonable control, including but not limited to, government action, war, terrorism, fire, explosion, flood, Website outage and act of God.
Each of these clauses and sub-clauses operate separately. If any relevant authority decides that any of them are or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Booking Terms and Conditions.
Our failure at any time to enforce any of these EV & Partner Terms of Business or any rights in respect hereto, or to exercise any election herein provided shall not be a waiver of such provisions, rights or elections or affect the validity of these EV & Partner Terms of Business. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
Questions, comments and requests regarding this EV & Partner Terms of Business are welcomed and should be addressed to:
Thank you for visiting our site.
Updated October 2019