{"id":392,"date":"2023-07-25T07:05:34","date_gmt":"2023-07-25T06:05:34","guid":{"rendered":"https:\/\/dev.schedulytic.com\/?page_id=392"},"modified":"2024-05-03T21:49:41","modified_gmt":"2024-05-03T20:49:41","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/dev.schedulytic.com\/terms-and-conditions\/","title":{"rendered":"Terms and Condition"},"content":{"rendered":"

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Terms and conditions<\/h1>\n

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OVERVIEW<\/h4>\n

This is a legally binding document governing the provision of the Schedwise.com Solution from Schedwise Ltd to You via our Website. When you sign-up for an Account, You automatically accept the below provisions which constitute the Schedwise.com Terms and Conditions and You are legally bound by them.<\/p>\n

Read this document very carefully and together with our Website Terms and Conditions, Schedwise.com Privacy Policy<\/a>.<\/p>\n

 <\/p>\n

IF YOU DO NOT ACCEPT THE PROVISIONS BELOW, DO NOT USE OUR SERVICES.<\/h3>\n

 <\/p>\n

1. The Schedwise.com Online Solution<\/h1>\n

1.1. The Schedwise.com Online Solution (the \u201cSoftware\u201d) is owned, operated and provided to You, the person who uses the Software and operates the Account further defined below (the \u201cUser\u201d) by Schedwise Ltd, a company incorporated and existing under the laws of United Kingdom (referred to as \u201cWe\u201d and\/or \u201cUs\u201d) subject to the provisions of these Terms and Conditions (\u201cT&Cs\u201d).<\/p>\n

1.2. The Software is available via our Website, subject to the Website Terms and Conditions and following the completion of the sign-up for a Schedwise.com Account (the \u201cAccount\u201d), pursuant to any additional documentation relevant to the subject matter communicated to You which You agreed.<\/p>\n

1.3. You may have an Account to which You can register service providers, services, products for sale, make promotions and do other business related things and be used for the purposes of operating the Software and receiving our Services.<\/p>\n

1.4. Subject to the provisions herein, We hereby provide You with the Software by granting You a non-exclusive licence to use it for real-time scheduling and management of customers bookings (the \u201cSpecific Purposes\u201d).<\/p>\n

1.5. We may provide You with additional products and\/or support services as part of the Software, and\/or Solutions as may be made available from time to time and always subject to any related payment conditions and restrictions pursuant to the provisions herein or communicated to You via the Software.<\/p>\n

1.6. Where You contact Us for support or buy our set-up assistance package, You hereby understand and agree that You grant access to our support agent into Your administration interface section of the System.<\/p>\n

1.7. You hereby understand and accept that, any links to websites which are not covered by our Website T&Cs, do not apply to the provisions herein but are solely your convenience and do not constitute any endorsement, guarantee, warranty, or recommendation and we do not have any control whatsoever over respective legal documents and\/pr security and\/or privacy practices.<\/p>\n

1.8. You hereby understand and agree that, You may enable services and integrations in order to receive the Solution as per the Specific Purposes; which are not vetted, endorsed, or controlled by Us in any way or manner and therefore you use them at your own risk, subject to respective applicable provisions, limitations etc.<\/p>\n

 <\/p>\n

Bookings via the Schedwise.com Online Solution<\/h2>\n

1.9. When a person (a \u201cClient\u201d) uses the Software for booking an appointment; and\/or for any other Solutions; and\/or buys a product online with a Service Provider (could be You or any other person that uses the System to accept and treat bookings online, send promotions, sell products and do other related things that helps them run their service business) which is linked to the Account:<\/p>\n

1.9.1 he\/she hereby accepts the provisions of Terms and Conditions for Clients;<\/p>\n

1.9.2 and further agrees and understands that all applicable fees applied by the User are payable and any additional provisions may be applicable by the User via the latter website.<\/p>\n

1.10. When a Client makes any change in the booking including but not limited to cancelling, the responsibility to be familiar with the applicable policies and procedures of the User lies to him\/her.<\/p>\n

 <\/p>\n

2. The Rights of Schedwise Ltd<\/h1>\n

2.1. We reserve the right to limit, suspend, or terminate our Services and any Account as well as prohibit access to any content, sites, additional services or tools as well as remove hosted content and otherwise take any technical and legal steps necessary to limit any problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the provisions herein.<\/p>\n

2.2. We reserve the right to suspend the Services and capacity of the relevant System momentarily in order to equalise the server load where there is a high volume of bookings, as clarified below.<\/p>\n

 <\/p>\n

3. Acceptances, Warranties and Responsibilities from You<\/h1>\n

3.1. You hereby agree, accept and warrant that:<\/p>\n

3.1.1 when you create an Account, You must provide specific information about yourself, which will be processed in accordance with the provisions of our Privacy Policy<\/a>;<\/p>\n

3.1.2 and You are at least 18 years old when creating an Account and\/or in case not considered a \u201cchild\u201d under Your local laws and regulations in the jurisdiction of Your business operations ;<\/p>\n

3.1.3 You are responsible to provide accurate and complete information;<\/p>\n

3.1.4 and You are responsible to maintain the confidentiality of your Account information and log-in details;<\/p>\n

3.1.5 and the information are personal to yourself and you are not acting on behalf of a third party, unless written authorisation is provided when required by Schedwise.com;<\/p>\n

3.1.6 and You shall not use any information which may be of an offensive and\/or an insulting nature, breaching any of the provisions herein.<\/p>\n

3.2. You hereby acknowledge, agree and warrant that in order to provide our Services, You must cooperate where deemed necessary and ensure that Your material will not contain payment details, obscene, offensive, defamatory or otherwise unlawful material nor will it infringe the Intellectual Property Rights of any third party or otherwise harm our goodwill and\/or reputation.<\/p>\n

3.3. You hereby warrant and represent to hold Schedwise Ltd harmless and fully and effectively indemnified against all actions, proceedings, claims, demands, damages and costs (including legal costs on a full indemnity basis) occasioned to or incurred by us as a result of any breach of your warranties herein.<\/p>\n

3.4. You hereby acknowledge and accept that Schedwise Ltd reserves the right to investigate complaints or reported violations of the provisions herein and if deemed necessary, take any action considered appropriate, including but not limited report any reasonably suspected unlawful activity to relevant governmental bodies or otherwise authorities<\/p>\n

4. Acceptable Use Of the Software<\/h1>\n

4.1. You hereby understand and agree that a high volume of bookings can cause Your Client(s) to be unable to make a booking in which case they may receive a message to try to book again. In the case a user system causes the server to have extraordinary load, or comes under a DDOS attack, Schedwise.com may at its own discretion take your system temporarily off-line until the load has passed away.<\/p>\n

4.2. The Software, as well as any other product provided by Schedwise Ltd which You will use pursuant to the provisions herein, shall only be used for the Specific Purposes and other unrelated usage is strictly forbidden such as for:<\/p>\n

4.2.1 sending spams and\/or other emails or SMS (text messages) making direct or indirect reference to activities which may be illegal in some jurisdictions such as prescription or not drugs, including but not limited to cannabis, THC, Marijuana, TLC, CBD; and loan arrangements such as student loans, payday loan, get rich quick schemes and other; and\/or otherwise infringe other peoples\u2019 privacy in any way;<\/p>\n

4.2.2 and\/or undertaking or in any way promote illicit activities;<\/p>\n

4.2.3 and\/or misrepresenting your true identity and\/or impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;<\/p>\n

4.2.4 and\/or usage in any manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this services of Schedwise.com;<\/p>\n

4.2.5 and\/or any action which violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law applicable to You and\/or Schedwise.com;<\/p>\n

4.2.6 and\/or stalking, harassing and\/or cause any kind or harm to another person;<\/p>\n

4.2.7 and\/or to use any data mining, robots, or similar data gathering or extraction methods in connection with the System and the Services;<\/p>\n

4.2.8 and\/or any attempt to gain unauthorised access to accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.<\/p>\n

4.3 Except as otherwise expressly permitted herein, You may not, directly or indirectly, sell, assign, sublicense, lease, rent, distribute or otherwise transfer the System or any licence rights or obligations under these T&Cs, to any third party (person or legal entity), without the express written consent of Schedwise Ltd.<\/p>\n

4.4 You can use the option of Intake Forms only for the purposes of getting additional information from Your Clients and not to accept sensitive information such as health data or financial details.<\/p>\n

4.5 You hereby understand and agree that the Service Provider(s) operating under Your Account should provide their own terms and conditions, privacy, cancellation and other related policies, which will be applicable to Your Clients and You hereby accept full responsibility for the context therein.<\/p>\n

4.6 You hereby agree and acknowledge that when using the System and collecting medical information about Your Clients and You may, or may not enable the HIPAA Custom Feature; You have the absolute responsibility to avoid including personal health related information in your email and text messages notifications.<\/p>\n

4.7 You hereby agree and acknowledge that though Schedwise.com removes the specific service provision and client name automatically if the HIPAA Custom Feature is enabled, You can manually add other fields and information into the messages that can be considered personal health related information.<\/p>\n

4.8 You hereby agree and acknowledge that it is Your responsibility to comply with any laws and regulations applicable to Your operations which may declare that text messages and emails are not secure communication and therefore, you may refrain from including any personal health related information in Your communications via the System.<\/p>\n

4.9 You herey agree and understand that you have the full legal responsibility to comply with, follow and perform Your business operations when and\/or via using our System and\/or Services, with any applicable local and\/or international law and regulation to You.<\/p>\n

5. Fees and Payment Conditions<\/h1>\n

5.1. In consideration for the Services and in line with these T&Cs, You hereby accept that the fees payable shall be in accordance with the Fee Schedule, as may be amended from time and to our discretion.<\/p>\n

5.2. Any applicable VAT is payable by You in addition to the fees available on our Fee Schedule.<\/p>\n

5.3. You hereby agree and understand that all purchases made in the system are final, and are not refunded.<\/p>\n

 <\/p>\n

Schedwise Payment Services<\/h2>\n

5.4.\u00a0Schedwise offers Users the Schedwise Payment Services to make it easy for Users to collect, process, and refund payments from their Clients (e.g. via Schedwise Bookings with Online Payments).<\/p>\n

5.5.\u00a0Schedwise utilizes a third-party payment processor, referred to as the “Payment Processor,” to associate the payment card you provide with the Schedwise System. Any payments or credits processed in connection with your use of the Schedwise System are subject to the privacy policies, terms and conditions, and other provisions of our Payment Processor, as well as those of your credit card issuer, in addition to the Terms of Service outlined herein.<\/p>\n

5.6.\u00a0When utilizing the Schedwise Payment Services, you consent to adhere to the terms and conditions of the applicable payment processor. It is imperative to maintain compliance with the terms and acquiring addendums outlined in the following URL: https:\/\/stripe.com\/legal\/consumer<\/p>\n

5.7.\u00a0Schedwise bears no responsibility for errors made by the Payment Processor. Access to Payment Processing may be intermittently restricted to accommodate repairs, maintenance, or the introduction of new features or services. We strive to offer reasonable notice of any planned interruptions and endeavor to restore the service promptly.<\/p>\n

5.8.\u00a0Under this agreement, it is a stipulation that the User refrains from any direct or indirect efforts to evade paying Service Fees. This includes actions such as listing User Services for free or at inaccurately low prices (even if pricing details are provided elsewhere), or engaging in fraudulent activities such as canceling a Schedwise Booking and subsequently rebooking it. Should Schedwise reasonably suspect that the User has attempted to avoid paying Service Fees, Schedwise reserves the right, without restricting other available remedies, to withhold and retain any payments owed to the User under this Agreement.<\/p>\n

5.9.\u00a0The User and Schedwise agree that in cases where a Client owes payment to the User, and the Client submits the payment to Schedwise via the Payment Processor, the obligation to pay is considered discharged when Schedwise receives the payment. This discharge of obligation occurs between the Client and the User. Consequently, the User agrees not to pursue direct payment from the Client in such circumstances. Additionally, any subsequent disbursement of funds collected by the User and owed to the User is contingent upon the User having provided the User Services in accordance with a Schedwise Booking as outlined in this Agreement.<\/p>\n

5.10\u00a0All payments owed from Schedwise to the User will be conducted via bank transfer, utilizing the bank information provided by the User within the Schedwise System. It is the User’s responsibility to ensure the accuracy of these details. Schedwise will exclusively remit payments owed to the User directly to the User and is not authorized to make payments to any third party. The User agrees to fully indemnify Schedwise and absolve Schedwise of any liability for losses, damages, or claims resulting from the User’s failure to inform Schedwise of any changes to their bank account details, including but not limited to any Bank Charges incurred by Schedwise as a consequence.<\/p>\n

5.11.\u00a0The User bears the responsibility of withholding, reporting, and remitting accurate taxes relevant to the Service Fees in compliance with all applicable laws and directives from the pertinent tax authorities. This obligation extends to any interest and penalties incurred due to delayed payment or failure to withhold taxes. If necessary, the User is solely accountable for reaching an agreement with the relevant tax authorities regarding the tax status of the Service Fees. Upon request by Schedwise, the User must furnish copies of tax payment certificates and\/or tax exemption certificates. Additionally, the User assures that they are duly registered with all pertinent tax authorities, where applicable.<\/p>\n

5.12.\u00a0Upon payment of applicable Service Fees, the User is granted permission to utilize the Schedwise Services solely for the purpose of processing Schedwise Bookings of User Services for its own benefit.<\/p>\n

The User is prohibited from imposing a surcharge on Clients who make bookings or orders through the Schedwise Services, unless such a surcharge would be customary for other User\u2019s Clients in the normal course of business. While the User may offer lower prices or discounts to their Clients through its promotional campaigns or loyalty programs, it must refrain from transferring Service Fees to Clients who make Schedwise Bookings unless permitted by relevant laws.<\/p>\n

 <\/p>\n

Cancellation Policy<\/h2>\n

5.13. Regarding Schedwise Bookings, users must adhere to the cancellation policy outlined in Schedwise\u2019s Terms and Conditions.<\/p>\n

5.14. Users can set a timeframe before the scheduled start time of an appointment, known as the “Free Cancellation Period.” Once this period has elapsed, free cancellation of an appointment through the Schedwise platform will no longer be available, and the full price of the service will remain charged if the client cancels.<\/p>\n

5.15 If a Client cancels an appointment via the Schedwise platform during the Free Cancellation Period, they will receive a refund for the charged amount minus the processing fee. Moreover, both the client and the user will be released from any additional obligations linked to that particular booking.<\/p>\n

5.16. If a client cancels an appointment on the Schedwise platform after the Free Cancellation Period has expired, they will not receive a refund for the service fee applicable at the time of booking.<\/p>\n

 <\/p>\n

 <\/p>\n

 <\/p>\n

6. Messaging and Marketing Services<\/h1>\n

6.1 The User has the option to utilize Schedwise’s notification and marketing automation functionalities, ensuring compliance with relevant Data Protection Legislation. This allows for the sending of notifications and direct marketing materials, such as promotional communications, in various formats, including SMS texts, emails, or other direct marketing channels. These activities encompass Automated Marketing Campaigns and Messages, which may include ‘client messages,’ ‘smart marketing,’ ‘smart campaigns,’ and ‘blast messages.’<\/p>\n

6.2 Notwithstanding the liability provisions stated in these Terms, the User explicitly acknowledges and agrees that concerning its utilization of the Schedwise Marketing Services, Schedwise shall not be held liable (whether in contract, tort, breach of statutory duty, or otherwise) for any loss, damage, expense, or liability, even if the User has informed Schedwise of the potential for such loss or damage. This includes, but is not limited to:<\/p>\n