Terms of Services
- Last Revised : Feb 28th, 2023
These Terms govern :
- The use of Medischeduleapp and,
- Any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
In a legally binding way.Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where Medischeduleapp has been provided to them via the Any Web Browser / Apple App Store / Google Play Store / Microsoft Store Respective Store provider may enforce these Terms as a third-party beneficiary.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
General :
MediSchedule, LLC A Pennsylvania incorporated Company having its office at 1720 Kendarbren Dr, Ste 724, Jamison, PA,United States of America, hereinafter referred to as the “Company” (where such expression shall unless repugnant to the context thereof, be deemed to include its representatives, administrators, permitted successors and assigns.) The creator of this Terms of Service ensures steady commitment to your privacy with regard to the protection of your invaluable information.
- This website, including its subdomains and any other website through which the platform makes its Service available;
- Applications for mobile, tablet and other smart device systems;
- The Service;
- Any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation;
hereinafter collectively referred to as the“Platform”.
Definition :
For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
- “We”, “Our”, and “Us” shall mean and refer to the Platform, mobile Application and/or the Company, as the context so requires.
- “You/Yourself/User/Users” shall mean and refer to natural and legal individuals including but not limited to Businesses who will be using the Platform to enable their customers to schedule appointments with them. The Users must be competent to enter into binding contracts, as per the laws governing the state of Texas in particular and the United States of America in general.
- “Services” refer to providing a Platform which enables the Users to automate the process of manual scheduling and enable their customers to book appointments with them through their booking link on the Platform. The Services are set out in detail in Clause 4 of the Terms of Service and Use.
- “Customers” shall refer to the end customers of the Users of the Platform, who will use the platform for booking appointments with the Users of the Platform.
- “Third Parties” refer to any Application, Companies or individual apart from the User and the creator of this Platform.
- “Parties/Party” The Users and the Company shall be together referred to as Parties and individually as Party.
- “Policy/Terms” shall refer to the Terms and conditions of Service and Privacy policy
- The term “Platform” refers to details of which are set out in the GENERAL section to the present Terms and Conditions of Use.
Terms :
You are specifically restricted from all of the following :
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made there to by the Company, from time to time, at its sole discretion. If the Customer continues to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Conditions of Use and Privacy Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitutes a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that User's act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Privacy Policy.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitutes a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that User's act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Privacy Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify their acceptance of the modified terms.
Registration :
- The headings of each section in these Registration is mandatory for the Users to access the Services provided by the Company through the Platform. Users shall register themselves on the Platform by providing information including but not to limited name, e-mail I.D, Company Name, Industry - Country - Time zone - Currency - Physical or Virtual Address of their entity. The Users will have the discretion to make registration compulsory or optional for their Customers.
- Registration for this Platform is available only to those businesses which are legally permitted to operate in the territory they are located and have acquired the requisite Government licenses for operating their business.
- Further, at any time during the use of this Platform, including but not limited to the time of registration, Users are solely responsible for protecting the confidentiality of their account details and password, and any activity under the account shall be deemed to have been done by them.
Eligibility :
- The User represents and warrants that they are competent and eligible to do business and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
- The User represents that they operate a business which is legally permissible in their geographic territory and have the necessary permission to operate the business.
Content :
- The Content displayed on the Platform that is created by the Company is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright platform.
- The Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Administrator, or to terminate the account of any User who is found to be promoting a business not legally permissible under the laws of the land.
- The User will be solely responsible for the content created by them or uploaded by them on the Platform. The onus for the authenticity of such content solely lies with the Users and the Company or the platform will not responsible for any discrepancy, disputes or claims raised with regard to such content.
- The User shall be solely responsible for making good any financial losses or legal expenses incurred through the creation/sharing/submission of Content in the form of reviews or recommendations or part thereof that is deemed to be untrue/inaccurate/misleading. All the information provided by the User about themselves should be up to date and authentic.
Subscription Plans:
- Some of the service subscriptions provided on the platform, are provided on the basis of payment to avail the premium features and services. These premium features or services are described on the respective sections of the platform.
- The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of platform. To subscribe to the premium plans, the User must register or log into platform.
- Any steps taken from choosing a subscription plan or upgrading the current subscription plan.
- When the User purchase the subscription plan, the following applies:
- The purchase of the subscription plan determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the payment page.
- Users can download their purchase receipt on the respective section of platform after successful payment confirmation.
- Price: Users are informed during the purchasing process, about any fees, taxes and costs that they will be charged.
- Prices on platform are displayed:
- Either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing
Contract Duration
Subscriptions
- Subscriptions allow Users to receive a Product continuously or regularly over a determined period of time.
- Paid subscriptions begin on the day the payment is received by the Owner.
- In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
- Free SMS credits expire according to your subscription plan expiry date.
Fixed-Term Subscriptions
- Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.
- Once the subscription period expires, the Product shall no longer be accessible, unless the User renews the subscription by paying the relevant fee.
- Downgrading* or cancellation will be effective immediately and you will not be entitled to a refund of any payments
a) Automatic renewal
- Subscriptions are automatically renewed through the payment method that the User chose during purchase, unless the User cancels the subscription within the deadlines for termination specified in the relevant section of these Terms and/or platform.
- The renewed subscription will last for a period equal to the original term.
- The User shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.
b) Termination
- Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the MediSchedule using the contact details provided in this document, or — if applicable — by using the corresponding controls inside the platform.
c) Termination notice
- Notice of termination must be received by MediSchedule, in writing, AT LEAST 30 days prior to the requested termination date.