Legal Information

This webpage sets out when and how we use your personal information that you or others provide to us.

Who we are

We are MiViVa Ltd, a limited liability company (registered with number 13113231). Our registered address is Wyndmere House, Ashwell Road, Steeple Morden, Royston, Cambs SG8 0PE.

You may interact with MiViVa Ltd under one of brands, details of which can be found here. When we mention “MiViVa”, “we”, “us” or “our” in the privacy notice, we are referring to MiViVa Ltd who is responsible for handling your personal information.

MiViVa Ltd is the controller and responsible for this website.

We have a data protection officer who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us by email at admin@miviva.org.

How do you use my data?

When you book an event:

When you register to attend a MiViVa event (whether online or in person) we capture certain personal details including your name, email, address, telephone number, payment details, profession, specialisation, professional registration number and registration governing body. We need to use your personal information in this way to complete the booking contract between us.

We may also capture images or videos of you in the course of one these events, where we do so we will be relying on our legitimate interest of administering and promoting our events.

To complete your purchase, we share your personal information with our subcontractors who are involved in the purchase process, such as payment providers, as well as credit reference agencies who we use to assess fraud, credit and/or security risks.

We need to process your personal information in this way to enter into and perform the contract for the item you have purchased from us.

When you contact us:

When you contact us by phone, email, social media, post or via the website with general queries, we may also handle your personal information (your name, contact details and the other details you provide to us) in order to provide the customer services you have asked us to. This could be when you ask us to provide more information about certain services, provide a quote, or to explain how our site works.

We rely on your consent to handle your personal information in this way. If you do not provide us with the personal information we request from you for customer services purposes, we may not be able to fully answer your queries.

When you have expressed an interest in our services:

This section applies if you have opted in to receive marketing communications from us, or have previously expressed an interest in our services and not opted out.

We will handle your personal information (such as your name, email address, postal address, telephone number and sector preferences) to provide you with marketing communications in line with any preferences you have told us about.

When we send you marketing emails because you have opted-in to receive them, we rely on your consent to contact you for marketing purposes. If you have not opted-in and we send you marketing emails, we do this because of our legitimate interest to promote the success of MiViVa Ltd.

Every email we send to you for marketing purposes will also contain instructions on how to unsubscribe from receiving them. You are not under any obligation to provide us with your personal data for marketing purposes.

You can tell us that you do not want your personal information to be processed in this way at any time by contacting us at admin@miviva.org or, where relevant, by following the unsubscribe link shown in every marketing communication you receive from us.

To make our site better:

We will also use your personal information to provide you with a more effective user experience (such as by displaying services we think you will be interested in).

Our use of your information in this way means that your experience of our site will be more tailored to you, and that the products, treatments or services you see on our site may differ from someone accessing the same site with a different history or browsing habits. We will also use your personal information for the purposes of making our site more secure, and to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

We process your data for this reason because we have a legitimate interest to provide you with the best experience we can, and to ensure that our site is kept secure.

You can prevent us from using your personal information in this way by using the ‘do not track’ functionality in your internet browser. If you enable do not track functionality, our site may be less tailored to your needs and preferences.

If our business is sold:

We will transfer your personal information to a third party:

  • if we sell or buy any business or assets, we will provide your personal information to the buyer (but only to the extent we need to, and always in accordance with data protection legislation); or

  • if MiViVa Ltd or the majority of its assets are acquired by somebody else, in which case the personal information held by MiViVa Ltd will be transferred to the buyer.

We process your personal information for this purpose because we have a legitimate interest to ensure our business can be continued by the buyer. If you object to our use of your personal information in this way, the buyer of our business may not be able to provide services to you.

In some circumstances we may also need to share your personal information if we are under a duty to disclose or share it to comply with a legal obligation.

Where is my data stored?

All information you provide to us is stored on our third party data storage providers.

How long do we retain your data for?

Where we have used your personal information to contact you for marketing communications, if you have opted-in we will contact you at least every 2 years to ensure you are happy to continue receiving electronic communications.

If you tell us that you no longer wish to receive marketing communications from us, we promise to stop sending them to you.

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or legal requirements.

To determine the appropriate retention period for the personal information we hold, we consider the amount, nature and sensitivity of the personal information, the risk of harm from unauthorised use or disclosure of your personal information, the reasons why we handle your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances (such as for product analysis purposes) we may anonymise your personal data so that it can no longer be associated with you for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

What are my rights under data protection laws?

You have various rights under data protection laws which you can exercise by contacting us. The easiest way to do this is by email at admin@miviva.org.

Request access to your data (commonly known as a “subject access request”). This enables you to receive a copy of the data we hold about you and to check that we are lawfully processing it.

Request correction of the data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

Request erasure of your data. This enables you to ask us to delete or remove data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your data where you have exercised your right to object to processing (see below).

Object to processing of your data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your data for direct marketing purposes, research or statistical purposes.

Request the restriction of processing of your data. This enables you to ask us to suspend the processing of data about you, for example if you want us to establish its accuracy or the reason for processing it.

Request the transfer of your data to another party.

Privacy law is often complicated, and whether these rights are available to you sometimes depends on the types of data we are handling, as well as why we are handling it. If you would like to exercise any of these rights, please contact us using the details at the bottom of this notice. You always have the right to lodge a complaint with us or the Information Commissioner’s Office, the supervisory authority for data protection issues in England and Wales.

What about websites we link to?

Our site may, from time to time, contain links to and from the websites of our partners.

Our site connects you to different websites. If you follow a link to any of these websites or use our services, please note that you have left our site and these websites have their own privacy policies.

We do not accept any responsibility or liability for these policies or websites. Please check their policies before you submit any personal information to these websites.

When will you change your privacy policy?

Any changes we make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail or post.

Please check back frequently to see any updates or changes to our privacy policy.

How do I contact you with feedback?

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to admin@miviva.org

Introduction

MiViVa Ltd (“MiViVa“, “we”, “us“), Wyndmere House, Ashwell Road, Steeple Morden, Royston, Cambs SG8 0PE, operates the Website MiViVa.org (the “Website”). These Terms of Use (“Terms”) apply to your use of the Website. By using our Website, you accept these Terms and agree to comply with them. If you do not agree to these Terms, please do not use this Website.

Other applicable terms

These Terms refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy, which sets out how and why we may process any personal data we collect from you or that you provide to us.

Our Cookie Policy, which sets out information about the cookies on our site.

Information about us

Our site is owned by MiViVa Limited, Wyndmere House, Ashwell Road, Steeple Morden, Royston, Cambs SG8 0PE.

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important information.

Changes to these terms

We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

Changes to our website

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We do not guarantee that our site, or any Content on it, will be completely free from errors or omissions.

Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any information on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice for business or operational reasons. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.

Intellectual property rights

We are the owner or licensee of all intellectual property rights in our site, and in the material we publish on it (the “Content”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved and unless otherwise specified, the authors of such works asserts their moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the author of the relevant works.

You may print off one copy, and may use small quotations extracted from any page(s) of our site for your personal use provided you acknowledge the appropriate site (and author) and, where applicable, provide a link back to the original source. You must not use any part of the Content on our site for commercial purposes without notifying us of your intentions and obtaining a licence to do so from us or our licensors.

You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Nothing on this site should be construed as granting, by implication or otherwise, any licence or right in or to our intellectual property rights without our express written permission.

The following copyright notice must appear on every copy of the Contents of this site or a portion thereof: Copyright © 2021 MiViVa Ltd. All rights reserved.

Reliance on information posted on our site

The Content is provided for general information only and is not intended to amount to advice on which you should rely. Our site may contain expert opinions, or information identified as expert opinion may be accessed from this site via a hyperlink. Such content represents the opinions of these respective experts. In all circumstances, you must obtain professional or specialist advice or conduct your own due diligence before taking, or refraining from, any action on the basis of any information on the Website.

We therefore disclaim all liability, to the fullest extent allowed by law and in accordance with section 10 below, and responsibility arising from any reliance placed on such information by any visitor to or member of our site, or by anyone who may be informed of any information on the Website.

Although we use our reasonable efforts to update the Content, we make no representations, warranties or guarantees, whether express or implied that the Content is accurate, complete or up-to-date.

Limitation of liability

Whether you are a consumer or a business user:

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 and for fraud or fraudulent misrepresentation.

If you are a business user:

We will not be liable to you 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 the use of, or inability to use, our Website.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

Information about you and your visits to our site

We will only use your personal information as set out in our Privacy Policy.

Viruses, hacking and other offences

We do not guarantee that our sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our site is stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any websites that are not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The websites from which you are linking must comply in all respects with the Content standards set out in these Terms.

If you wish to make any use of material on our site other than that set out above, please address your request to Customer Services, MiViVa Ltd, Wyndmere House, Ashwell Road, Steeple Morden, Royston, Cambs SG8 0PE.

Links from our sites

Where our site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the Content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

These Terms shall be governed and construed in accordance with the laws of England. We both agree to the exclusive jurisdiction of the courts of England. However, if you are deemed a consumer and live in Scotland or Northern Ireland, you can bring legal proceedings in either the Scottish, Northern Irish or the English courts.

Compliance with export rules and regulations

The Content, any software accessed via our site or your purchase of our products may be subject to export control laws and regulations and other applicable local laws. You agree to comply with any such applicable laws.

Purchasing your on-line training course or event

For certain of our training courses there are eligibility criteria. Please check “Your obligations” below for details of these. We reserve the right to decline admission to our courses if you do not meet the relevant criteria or for any other reason.

Below, we set out how a legally binding contract between you and us is made.

  • Any quotation given by us before you make an order for Services is not a binding offer by us to supply such Services.

  • When you decide to place an order for Services with us, this is when you offer to buy such Services from us.

  • When you place your order with us, we will acknowledge your order by email. This acknowledgement does not, however, mean that your order has been accepted.

  • We may contact you to say that we do not accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons (but this list is not exhaustive):

    • we cannot carry out the Services (this may be because, for example, we have a serious IT failure or a venue or speaker is no longer available etc);

    • we cannot authorise your payment;

    • you do not meet the eligibility criteria set out below; or

    • there has been a mistake on the pricing or description of the Services.

We will only accept your order when we confirm this to you by email and we receive payment from you in accordance with clause “Order Confirmation”. At this point:

  • a legally binding contract will be in place between you and us; and

  • we will carry out the Services in the way you and we have agreed.

We reserve the right to cancel or change planned dates and/or locations (for events) and course content (for on line learning). You will be notified at least 24 hours in advance of any such changes where this is possible and a full refund given in the event of cancellation or should you be unable to attend due to any changes we make. (See our refund policy and information about cancellations and changes to the Services).

Irrespective of circumstances, we accept no liability for any loss of earnings or expenses incurred by you or any models as a result of such changes.

Charges and payment for Services

We accept payment by all major credit and debit cards and by Stripe, via our website. We do NOT accept payment by bank transfer or by cash.

Payment terms are as follows:

Payment for program modules must be received in full and no access to the training is given until payment is received.

The price of the Services is in pounds sterling (GBP) and includes VAT at the applicable rate.

Your obligations in relation to the supply of Services

You shall:

  • comply with these Terms and if you are making a purchase on behalf of another person you will be responsible for his/her compliance;

  • provide your full and accurate contact details (or if you are making a purchase for another person, the correct details of the person who will follow the course or attend the event);

  • comply or procure that the customer complies with any reasonable request from us during the course or event;

  • comply with all laws, enactments, regulations, regulatory policies, guidelines and industry codes applicable to you and shall maintain such authorisations and all other approvals, permits and authorities as are required from time to time to perform your obligations under or in connection with the Contract;

  • retain copies of any literature issued in relation to the provision of our services;

  • not copy any of the course materials; and

  • comply with the following requirements in relation to your accounts and passwords for Online and E-learning: these details are personal to you and are registered with us. Your right of access is permitted for as long as we choose to allow such access. Personal accounts may not be shared, and you are responsible for preventing unauthorised access to your account. You accept responsibility for all activities that occur on your account or using your password on the MiViVa Limited learning management system or the Company website.

Minimum Criteria. We reserve the right to refuse to provide the Services where you, or the person for whom you have made a purchase, do not meet the following minimum criteria:

  • a current registration with your professional body which carries an active pin number (e.g. in the United Kingdom, the General Medical Council or Nursing & Midwifery Council);

  • membership of a regulatory body with no restrictions to practice or pending investigations or suspensions from practice;

  • you work in a clinical role where the gathering of patient information, prioritisation of that information and associated risks, and recommendation of a treatment plan are a substantive part of your day-to-day responsibilities;

  • you are in possession of a health related, medically based degree (or equivalent level qualification/training);

  • you are a Director of a company registered in England with Companies House;

  • you have independent prescribing rights OR confirm you will work with the oversight of a prescribing clinician (which specifically includes face-to-face consultations for all POMs and availability for emergency advice at all times);

  • you are proficient in carrying out injections or cannula in your current or previous healthcare roles; and

  • you can obtain and will maintain professional indemnity insurance for aesthetic medicine and public liability insurance at all times.

No refund for failure to meet the minimum criteria. It is your responsibility to ensure that you (or the person for whom you are making the purchase) meet these minimum criteria before making a purchase and if we do not supply the Services because of your failure to meet these criteria no refunds will be given.

Purchasing Services for another person. Where you are making a purchase for another person you will provide them with a copy of these Terms and a copy of our Privacy Policy.

Carrying out the Services

We will carry out the Services by the time or within the period which you and we agree. Time is not of the essence other than in relation to your payment obligations.

Our carrying out of the Services might be affected by events beyond our reasonable control. If so, there might be a delay before we can restart the Services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to restart the Services as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include:

  • materials are not delivered at the time agreed with the supplier of the materials (and we cannot obtain a replacement within a reasonable time or the price charged by a supplier is much higher than the original charge);

  • we cannot access the site at the times we agreed with you;

  • poor weather conditions (in relation to events).

If you intend to order any of our e-learning courses, you understand and agree that these specific services are built with the sole intention of improving standards of aesthetic practice. Such e-learning courses in isolation are in no way a certification or qualification to practice medical activities. This is because competence cannot be assessed without practical experience and training with a reputable training provider.

Cancellations or amendments to the Services by us

We reserve the right to cancel or change planned events in relation to dates and locations and course content in relation to online courses. You will be notified at least 24 hours in advance of any such changes where this is possible and a full refund given in the event of cancellation should you be unable to attend an event due to any changes we make.

Irrespective of circumstances, we accept no liability for any loss of earnings or expenses incurred by you or any models as a result of such changes.

We do not issue refunds for cancelled events which are caused by Force Majeure Events (see further information on this below).

We will make all reasonable effort to replace a cancelled event by arranging an alternative date but this cannot be guaranteed.

Cancellations or amendments to attendance at courses or events by you

We understand that sometimes plans change and you may need to change your arrangements. Please see below our terms for how we handle your cancellations and amendments. These rules also apply to sickness.

Should you wish to cancel your purchase, the following terms and conditions apply.

Courses and events are non-refundable once a customer has been accepted on to a course or an event. However, an alternative course can be booked, with no additional fees, where the cancellation is made 28 days or more before the event date.

All cancellations must be notified to us in writing to 

Refunds

For Events: where we are able to resell your place on an event we will charge you an admin fee of £25 and we will refund the remainder of your fee. Otherwise for cancellations notified to us:

  • more than 28 calendar days before your event you will obtain a full refund minus a £25 administration fee;

  • between 21-28 calendar days before your event date you will obtain a 70% refund on the balance of your event fee;

  • between 7-20 calendar days) before your event date you will obtain a 50% refund on the balance of your event fee;

  • less than 7 calendar days of the event date you will obtain a 25% refund on the balance of your event fee

  • within 48 hours – no refund.

    • for avoidance of doubt an event booked for 1300hrs GMT on 10th December but cancelled by you @ 1200hrs GMT on 3rd December would qualify for the 50% refund but if the cancellation were made after 1300hrs GMT on the 3rd December (i.e. within the “less than 7 calendar days” window) the refund would drop to 25%. If cancelled at 1330hrs on 8th December (i.e. within 48 hours) there would be no refund.

Refunds for Online Courses: for most of our courses we offer a money back period at our discretion. All access to our systems is governed by a unique username and password. The username and password are part of a system that protects the security of the resource and enables us to monitor usage by any individual. When a refund request is received, we reserve the right to track the usage by an individual (through his/her username and password). No refund will be granted if we have reason to believe that an individual has viewed any of the course material that s/he has purchased.

Insurance: you may choose to independently arrange insurance to provide protection against possible cancellation of events. We do not provide any cancellation insurance. We cannot recommend an insurance provider nor can we accept any liability for any insurance policy you choose to buy.

Amendments and attendee substitutions

A substitute may attend an event in your place at no additional charge if:

  • you give us notice in writing at least 2 working days before the event date;

  • you include the contact details of the substitute;

  • the substitute accepts to be bound by these terms and conditions; and

  • the substitute meets all entry and eligibility criteria for the training.

Substitution does not apply for Bursary Assisted places where the substitute does not fulfil the eligibility criteria.

We will make any reimbursements using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.

Trade marks

MiViVa® is a trade mark of MiViVa Ltd. You are not permitted to use the mark without our approval, unless you are using it as part of material you are permitted to use under these Terms.

Miscellaneous

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under the Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms without our prior written consent.

If a provision of the Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

The Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.

These Terms and any documents referred to contain the entire understanding between the parties with respect to the matters contained herein and therein.

Contact us

To contact us, please email admin@miviva.org