Tyme - terms of Use

Effective January 1, 2022

Scope

Beontyme Technologies Private Limited is a private limited company incorporated in India (“Tyme”/We”/ “Us”/ “Our”) and is engaged in the business of facilitating online scheduling of appointments (“Services”) in accordance with these terms to its users (who shall hereinafter be referred to as “You”, “Your” “User” as applicable). The Services shall be rendered either through its website https://tymeapp.co or through its mobile application that are made available to you (“Application”) (the Website and Application shall be collectively referred to as “Platform”).

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE PLATFORM, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF USE (“TERMS”) AND ANY ADDITIONAL TERMS THAT APPLY.

These Terms apply to all visitors, users and others who wish to access or use Platform and/or Services. Please note that these Terms govern Your use of the Services, including but not limited to the process through which your invitees may schedule appointments with You. We reserve the right to revise this Terms at any time by posting an update to this page. Your continued use of the Platform or Services following the posting of changes to these Terms will mean you accept those changes.

General Use

These Services are to be used for your personal individual needs and not for purposes of reselling (“Permitted Purposes”). Subject to these Terms, You are hereby granted a limited, non-exclusive personal and non-transferable license to use and access the Services following Your setting up of an account (“Account”).
You may open a free account. One User is authorized to set up one free Account only. We reserve the right to terminate any additional free Accounts set up by a single User. While registering for your Account, we collect certain information from you such as your name, personal details, email ID, etc. You hereby agree to provide correct and accurate information while setting up an Account. Your personal identification information shared with Us shall be governed by Our Privacy Policy which You may refer to Privacy Policy.
You hereby agree to choose a strong and secure password and maintain confidentiality of Your password, including any password of a third-party site that we may allow you to access to use the Platform. It shall be Your duty to procure and maintain access to internet and other resources required for you to use the Services and the Platform. Should You believe that Your password or security of your Account has been breached in anyway, you must immediately notify us at help@tymeapp.co . We reserve the right to refuse service, terminate accounts, remove or edit content at our sole discretion at any time.
In Your use of the Platform and Services, You shall not, at any time, directly or indirectly, and to the extent that the User is a company or an organization, shall not permit its authorized users to (i) copy, modify, or create derivative works of the Services in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer or otherwise make available the Services; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) knowingly use the Services in a manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any intellectual property right or other right of any person, or that violates any applicable law.
If you make copies of any portion of this Website while engaging in Permitted Purposes then You hereby agree to keep these copies with Our copyright and other proprietary notices the same way as it appears on the Website.
By using the Platform, you represent and warrant that:
- You are at least 18 years old or if you are under the age of 18 years, your parent/legal guardian shall provide requisite consents. In addition to being of minimum age required to use our Services under applicable laws, if you are not old enough to agree to our terms of use, your parent or legal guardian must agree to the terms contained in this terms of use on your behalf. Your parent or guardian has read and accepted these terms of use on your behalf.;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If you are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, you have the authority to bind such entity to these Terms and, in such event, “you” and “your” as used in these Terms shall refer to such entity;
- You will comply with all applicable laws and regulations;
- You will not indulge in exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
- You shall not transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation; and/or
- Use your access to the Platform and/or the Services in any manner that you are prohibited to do so under any and all applicable laws and regulations.
Individuals under the age of 18 (eighteen) years shall use the Services only through an Account created by and under the supervision of their parent/guardian or school, and are otherwise specifically prohibited from use of the Services.
You will not attempt to gain unauthorized access to any information connected to the Platform/Services, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to you.
You hereby agree to comply with all applicable laws and regulations in Your use of the Platform. We reserve the right to investigate complaints and/or violations of our Terms and to take any action as we deem appropriate, including but not limited to cancellation of Account or taking legal action. You hereby agree to notify Tyme in the event that You are made aware of any unauthorized or illegal use of the Platform.

Cancellation

You can cancel Your Account at any time by sending an email to help@tymeapp.co. Cancellation shall be effective immediately. Please note that pursuant to cancellation of Your Account, You may not be able to use or access the Platform.

Intellectual Property Rights

The trademarks, service marks, and logos used and displayed by Us, in the form of graphics, words, logos or in any other manner on the Platform or in any of the content (excluding content provided by users) are our registered or unregistered proprietary rights worldwide. Further the trademarks, service marks, and logos used and displayed belonging to the Platform’s users, advertisers, or third parties as displayed on the Platform are the owned by such users, advertisers, or third parties and are hereby only licensed to the Platform for the limited purpose of displaying the same.

Such propriety trademarks or logos belonging to us or our suppliers, advertisers, any users or third parties are protected pursuant to applicable laws. All rights are reserved and you may not alter or obscure the such proprietary mark or name or logos, or link to them without our prior approval or the respective owners of such proprietary mark.

Your use of our Services does not grant you ownership rights of any kind in our Platform. Except for limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel or otherwise, to any User or any third party any intellectual property rights or any other right, title or interest in any intellectual property. No portion of the Platform shall be reproduced in any form by you.

Messages and communication

You consent to receiving of emails and messages from us by using our Services. Such messages or emails may be related to any promotional offers or new subscription plans or any other information related to the Services. Further, by scheduling a meeting as an invitee with a User, you consent to receive transactional emails related to the scheduled meeting such as booking confirmations or reminders. If you provided your phone number to us as an invitee, you may also receive message notifications and you hereby consent to receive SMS/WhatsApp notifications from us related to the scheduled meeting between you and Tyme User.

You shall ensure that Your contact information provided to Us by You shall be kept updated and relevant and any changes shall be duly reflected.

Third-party Links

You shall ensure that Your contact information provided to Us by You shall be kept updated and relevant and any changes shall be duly reflected.

Indemnification

By accepting these Terms and using the Platform and availing the Services, you agree that you shall defend, indemnify and hold us, its directors, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms any applicable law or regulation; (ii) any loss or injury to our representatives resulting from or attributable to your acts or omissions; (iii) misuse of the Platform; (iv) your violation of any rights of any third party; or (vi) any and all third-party claims based upon (A) the content of any communications transmitted by you; and/or (B) transactions undertaken by you..

Limitation of Liability

To the maximum extent permitted by law, We shall provide the information relating to the Platform and the Services without warranties, guarantees or representations. We shall assume no responsibility and shall not be liable for any loss or damage which may affect your computer equipment or other equipment/property arising out of your use of the Platform or access to or browsing of the Platform.

Under no circumstances will We be liable to you for any damages whatsoever (including, without limitation, incidental, reliance, or consequential, or special damages whether or not foreseen, lost profits, or damages resulting from lost data or business interruption) on account of your use, misuse, or reliance on the information relating to Services, provided on the Platform. This limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from any claim relating to this Terms or the subject matter hereof, whether such claim is based on warranty, contract, tort (including negligence), or otherwise any other legal theory even if We have been advised of the possibility of such damages.

We explicitly disclaim any and all liability for any the following:

a. Errors, mistakes or inaccuracies of the content displayed on the Platform;
b. Personal injury or property damage of any nature whatsoever, resulting from use of the Platform or Services for any alleged or actual damages or loss of valuables;
c. The acts or omissions of our representatives performing Services on our behalf, without our prior consent or approval;
d. any failure or delay in the Services;
e. any loss or damage arising out of your failure to adhere to your obligations under the Terms.
f. user content or the defamatory, offensive, or illegal conduct of any third party with respect to any content on the Platform; and
g. any consequences resulting from or is a result of You engaging any of our representatives, service providers, designers, vendors, etc for rendering any service to you, in individual capacity and such engagements/acts (as the case maybe) without our knowledge and/or consent.

You agree not to use the Platform for any commercial or business purposes, and acknowledge that We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM AND/OR AVAILING ANY SERVICES REMAINS SOLELY WITH YOU.

Governing law

These Terms, their subject matter and any non-contractual disputes or claims are governed by the Indian Laws and you agree to the exclusive jurisdiction of the courts of Chennai, India.

We reserve the right to seek injunctive, or any other equitable relief, in any courts of competent jurisdiction that, in its sole opinion, considers this to be necessary.

Notices

All notices served by us shall be provided via email to Your Account or as a general notification to Your email or via sms on your registered mobile number, as the case maybe, on the Platform. Any notice to be provided to us should be sent to help@tymeapp.co .

Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Platform.

Contact Us

We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues or You desire to share your feedback with us on the terms envisaged under these Terms or under the Privacy Policy, please contact us at help@tymeapp.co.

By clicking on “I Accept” button, you agree and acknowledge that you have read these Terms, understood its contents, and have chosen to execute it on your own free will and these Terms is made in good faith and is fair and reasonable and shall be binding upon you, once executed.

Terms of use