Terms of Use
MarkMyDiary Technologies Private Limited
Effective Date Jan 1, 2015
ACCEPTANCE OF TERMS
MarkMyDiary Technologies Pvt Limited ("MarkMyDiary","Us", "We" or "Our") owns and operates mobile application, internet platform and services that facilitate online scheduling and management of the appointments (the “Services”). By accessing and using the Services you agree that you are authorized to accept the terms set forth below (the “Terms of Use”) on behalf of yourself and your company, and that you and your company are and will be bound by the Terms of Use. If you do not agree to be subject to these Terms of Use, do not use the Services. By continuing to use the Services, you agree to be bound by these Terms of Use.
MarkMyDiary reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. The most current version of the Terms may be found at the MarkMyDiary website (www.markmydiary.com).Your continued use of the Services after the posting of any changes to the Terms of Use will signify your acceptance of those changes.
SCOPE OF AGREEMENT
These Terms of Use cover your use of the Services, including, but not limited to, the process by which you schedule the appointements, consumers schedule appointments with you as well as your management of such appointments through the Services, and you agree that these Terms of Use apply to your use of the Services. By using the Services, you also consent and agree to the terms of the MarkMyDiary Privacy Policy and all other legal policies applicable to you, available at Terms of use.
DESCRIPTION OF SERVICES
The MarkMyDiary Service allows businesses and service providers (collectively, "Business(es)”) to post availability of their services (“Business Services”). Consumers interested in these business services may book appointments for the Services through MarkMyDiary Service.The Business Services will be sold at a price that the Business determines, and at their discretion.The Business Services are provided by our various Merchants and not by MarkMyDiary.
Unless explicitly stated otherwise, any new features that augment or enhance the Service will be subject to these Terms and such Other Policies that accompany the new features.
PAYMENTS, CANCELLATION AND TAXES
You agree to pay all charges as set forth as part of the Service and/or in these Terms of Use. You agree that the Mobile number, address and email address you provide in your business settings are valid business addresses and that We may invoice you at such addresses or through other electronic or facsimile communications.
All payments due are in U.S. dollars unless otherwise indicated. We accept credit cards and paypal as payment sources. All payments are final and non-refundable, except in Our sole discretion. If Your use of the Service is terminated for any reason, whether by You or by Us, You will lose and forfeit any time remaining on Your account with Us.
You authorize us to bill the payment source You provide to Us for all applicable fees. If Your payment source is declined at any time (including, but not limited to situations where we seek authorizations or charge attempts), we may make additional attempts to reprocess Your payment source. We reserve the right to disable or cancel Your use of Service immediately. We reserve the right to charge interest on all of your past due accounts. Interest shall accrue at the rate of one and one-half percent per month or the highest maximum rate permitted by law, whichever is less, from the date such payment was due until fully satisfied. You are responsible for all of Our reasonable expenses (including attorneys' fees) incurred by Us relating to collection activities associated with Your past due accounts.
You are responsible for all taxes associated with Your use of the Service. If We are required to collect or pay any taxes relating to Your use of the Service, You will be charged for all such taxes. If You are tax exempt, you must provide Use with a valid tax exempt certificate authorized from the appropriate taxing authority.
INTELLECTUAL PROPERTY RIGHTS
Subject to the limited rights expressly granted hereunder, MarkMyDiary reserves all rights, title and interest in and to the Service, including all related intellectual property rights. No rights are granted to Business hereunder other than as expressly set forth herein. Business shall not (I) modify, copy or create derivative works based on the Service; (ii) frame or mirror any content forming part of the Service, other than on Business's own intranets or otherwise for its own internal business purposes; (iii) reverse engineer the Service; or (iv) access the Service in order to (A) build a competitive product or service, or (B) copy any ideas, features, functions, or graphics of the Service. As between MarkMyDiary and Business, Business exclusively owns all rights, title and interest in and to all Business Data.
MarkMyDiary agrees that all Business Data will be treated as strictly confidential information and not disclosed to third parties, except pursuant to a valid and enforceable court order. MarkMyDiary shall not access Business’s User accounts, including Business Data, except to respond to service or technical problems or at Business's request.
You own the complete data you have entered in your app. You can download all of your information from the app at any time, no matter what pro plan you choose. Even after expiry of your account, you can still log in to the application for upto 30 days from your expiry and download your data. Your data will be deleted only after 30 days of expiry.
DISCLAIMER OF WARRANTIES
The service is made available to Business "as is" and "as available." MarkMyDiary makes no warranties or representations of any kind with respect to the service, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, or non-infringement, which MarkMyDiary hereby expressly disclaims.
MarkMyDiary does not guarantee that Business’s access to the service will be uninterrupted or error-free, or that the information or other content obtained through the service will be useful or that it will satisfy its requirements. MarkMyDiary is not liable for any delay, down time, or other failure of performance, but will use reasonable efforts as per the Service Level Agreement to correct any material performance problem brought to its attention.
CONFIDENTIALITY
All Business information including personal contact information and Business’s server data is treated with strict confidentiality and will not be shared with anyone. If the data is stored on MarkMyDiary’s Servers, MarkMyDiary has put in place the best possible security features to ensure full confidentiality of the Business data as per the attached Security features document.
MarkMyDiary agrees to keep all Confidential Information relating to the Business data that comes into its possession or to its knowledge under this Agreement in strictest confidence and secrecy. MarkMyDiary further agrees not to make use of such information and/or documentation other than for the purposes of this Agreement and, unless the parties should agree otherwise in writing, will not disclose or release it other than in accordance with the terms of this Agreement.
MARKMYDIARY RESPONSIBILITIES
This clause is applicable if the Business data is stored on MarkMyDiary's online servers and not on the Business premise. MarkMyDiary agrees that:
(I) in addition to its confidentiality obligations hereunder, it will not use, modify or disclose to anyone other than Business and its Users the Business Data;
(ii) maintain the security and integrity of the Service and the Business Data;
(iii) provide basic email support to Business's Users, as agreed; and (iv) use commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week, except for:
(a) planned downtime (of which MarkMyDiary shall give at least 8 hours’ notice via the Service and which MarkMyDiary shall schedule to the extent reasonably practicable during the weekend hours from 6:00 p.m. IST Friday to 3:00 a.m. IST Monday); or
(b) any unavailability caused by circumstances beyond MarkMyDiary's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within MarkMyDiary’s possession or reasonable control, and denial of service attacks.
BUSINESS RESPONSIBILITIES
Business is responsible for all activities that occur in User accounts and for Users' compliance with this Agreement. Business shall: (I) have sole responsibility for the accuracy, quality, integrity, legality, reliability, confidentiality and appropriateness of all Business Data; (ii) Maintenance and upkeep of the Server Hardware, Operating System Software, Database Software and related Connectivity (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and notify MarkMyDiary promptly of any such unauthorized access or use; and (iv) comply with all applicable local, state and country laws in using the Service.
Business shall use the Service solely for its internal business purposes as contemplated by this Subscription Agreement and shall not: (I) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than to Users or as otherwise contemplated by this Agreement; (ii) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (iii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights; (iv) send or store Malicious Code; (v) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (vi) attempt to gain unauthorized access to the Service or its related systems or networks.
DATA RETENTION POLICY
Our system automatically purges appointment data which is more than 12 months old. However your customer/client information is retained so that you can use your existing clients to book new appointments.
LIMITATION LIABILITY
MarkMyDiary is not liable for damages arising out of, or in connection with, the use of, or the inability to use, the service, or any information or other content that Business accesses, or is made available to it, through the service, etc. MarkMyDiary has no liability for any loss or damage arising out of, or relating to, the service, Business’s use of the service, or any other performance under, or pursuant to, these terms of use including liability for negligence. Maximum damages that can be claimed are limited to the cost of subscription paid by the Business to MarkMyDiary for the value of unsed months for the annual payment.
MarkMyDiary is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages. Business has sole responsibility for adequate protection of data and/or equipment used in connection with the site and will not make a claim against MarkMyDiary for lost data, work delays, inaccurate output, or lost profits resulting from the service.
ADVERTISING
The Business grants permissions to use its name and brand in advertising and promoting the MarkMyDiary Services. The Business permits MarkMyDiary to showcase its name in the list of their clientele in both website and electronic communications. MarkMyDiary undertakes not divulge any Confidential Information to third party during the advertising and promotion of the Software.
JURISDICTION
All disputes, controversies and differences of opinion arising out of or in connection with the services which cannot be settled amicably by the parties hereto shall be settled by arbitration according to the then applicable rules of Indian Arbitration Act. The place of arbitration shall be Pune, India. One sole arbitrator shall be appointed by mutual agreement.
BY ACCESSING THE MARKMYDIARY SERVICE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU WILL ABIDE BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE MARKMYDIARY SERVICE AND DO NOT USE ANY MARKMYDIARY SERVICE OFFERED THROUGH MARKMYDIARY MOBILE APP OR WEBSITE.