DDS4U Platform Terms and Conditions
These Terms and Conditions explain the contractual Agreement between you and DDS regarding your use of DDS4U Platform on an ASP ("Application Services Provider") basis in which DDS4U Platform licenses you the software for a term and hosts the application for you. This Agreement is effective as of the first date you commence use of the DDS system. In the event that you are already utilizing the DDS system, these terms are effective with your continued use after posting at www.dds4u.com.au. Additional conditions apply as part of the Content Policy.
You must be 18 years or older to use this Service. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. You are responsible for maintaining the security of your account and password. DDS4U Platform cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account). One person or legal entity may not maintain more than one free (trial) account. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
By utilizing and/or continuing to utilize the DDS System, you agree that you have read and accepted these terms and conditions and the content policy incorporated herein by reference. If you are entering into this agreement on behalf of a company, you represent that you have the authority to bind the company to the terms governing the use of the service. The term "you" refers to (1) the company, its officers, directors, agents, and employees, or (2) an individual, in the case of a non-legal entity, as defined in the information provided to DDS4U Platform on the system information pages. The term "we" refers to DDS. If you do not agree to these terms and conditions, do not utilize the DDS4U Platform system or enter billing information.
Before commencing use of the DDS4U Platform system and/or entering billing information, you must ascertain that the service will meet your specific functional requirements. The service is provided "as is" without warranty of any kind, and we disclaim all warranties, either express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and noninfringement. We make no warranty or representation regarding the results that may be obtained from the use of the service or that the service will meet any user's requirements, or be uninterrupted, timely, secure or error free. By executing the order form, you agree that the order form contains no contingent payment terms or any obligation for DDS4U Platform to refund any amounts contracted for. Description of services
- DDS4U Platform licenses its appointment scheduling and resource management software to certain customers as a hosted application (the "Service"). We create a customized online scheduling application ( "Scheduler"), help train you in its use and administration, and host it at a third-party data center for access by users that you authorize (the "Users" and "Customers"). To use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access.
- Prior to becoming a paying client of DDS4U Platform for the Service, you are required to enter billing information into the Scheduler specifying the charges and payment terms agreed to by you. As part of the Scheduler configuration, you will select a login name, login password, and Company information. Although we will make every effort to assign to you the name, password, and company information that you select, we reserve the right to reject any of your choices if it has been previously assigned to another user or if DDS4U Platform, in its sole discretion, deems such data or information offensive.
- To gain access to the DDS4U Platform Service and your account Scheduler, you will be required to register and access ID and password. The access ID and password may only be used by you. You and others you permit may enter additional access IDs and passwords associated with your Scheduler. You will be responsible and liable for all activities occurring under your access IDs and for keeping your passwords secure. As part of the Service, DDS4U Platform also offers you use of DDS4U Platform sub-domains on the terms set forth herein for the sole purpose of facilitating the use of the Scheduler via the Internet by your customers. DDS4U Platform retains all rights to and over any Scheduler Subdomains and has the right to revoke or suspend the use of any sub-domain at any time without reason. You agree that all such Scheduler Subdomains are owned by DDS4U Platform, are non transferable and that DDS4U Platform may for any reason, or for no reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate or suspend your account, username, and Scheduler Subdomain, and remove or discard any content associated with your Scheduler account and username. You further acknowledge and agree that Your Scheduler Domain and Subdomain may contain basic information (such as a footer and/or "powered by" message) identifying DDS4U Platform as the online scheduling system and promoting the DDS4U Platform online scheduling system.
- DDS4U Platform facilitates the appointment process with optional appointment confirmation, reminder and cancellation email/SMS notifications ("Notifications"). You agree that the all Notification content will comply with the Content Policy. You further acknowledge and agree that Notifications may contain basic information (such as a footer) identifying DDS4U Platform as the sending system and promoting the DDS4U Platform online scheduling system. Such information shall not be contained within the body of the notification messages.
Contact and billing information
- In consideration of your use of the Service, you agree to provide DDS4U Platform with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and a name and telephone number of authorized billing and systems administration contacts. You agree to update this information within thirty (30) days of any change to it. If the contact information you have provided is false or fraudulent, we reserve the right to terminate this Agreement and your access to the Service and Scheduler in addition to any other legal remedies.
- In using the varied features of the Service, you may provide information about yourself or your company (such as name, contact information, or other registration information) to DDS4U Platform. DDS4U Platform may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your use of the Service, or communicate separately with you concerning the Service and related news, information and features of the Service.
Fees, Payment Terms, Renewal, Partial Billing Period
- You will pay all charges in accordance with the fees and payment terms contained in the billing information portion of the Scheduler and/or related invoices. DDS4U Platform’s fees are exclusive of all taxes, Gst, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, Gst, levies, or duties.
- Unless otherwise indicated in the billing information portion of the Scheduler and/or related invoices, all fees and charges specified are nonrefundable whether or not you publish your Scheduler or actively use the Service. If you elect to discontinue use of the Service no refund will be given for the unused portion of the Initial Term or any renewal term.
- This Agreement will automatically renew upon the expiration of the Initial Term unless terminated by you or DDS4U Platform, and we will automatically invoice you upon renewal. Unless otherwise indicated in the billing information portion of the Scheduler and/or related invoices, DDS4U reserves the right to change the fees upon renewal with at least thirty (30) days prior notice to you, which notice may be provided by e-mail.
- In the event that you terminate this Agreement (other than by reason of a breach by you) or choose not to renew, DDS4U Platform will make available to you a file of Your Data within thirty (30) days of termination or non-renewal if you so request at the time notice is given. You agree and acknowledge that DDS4U Platform has no obligation to retain Your Data, and may delete such data, more than 30 days after termination or non-renewal. Termination by you will not relieve you of any obligations incurred prior to termination.
- DDS4U Platform may terminate this Agreement by notifying you at least thirty (30) days prior to the end of the then current term.
- Service may be cancelled at any time with 15 days written notice. No full or partial refunds will be provided regardless of system usage.
Suspension or termination of service for non-payment
- If payment of fees is not received for any reason, DDS4U reserves the right to suspend your access to your Scheduler if the problem cannot be cured within ten (10) business days and terminate your access if the problem cannot be cured within thirty (30) days. If you believe that an invoice or billing statement from DDS4U is incorrect, you must contact us within ten (10) days of the invoice or billing statement date containing the amount in question to be eligible to receive an adjustment or credit or avoid suspension.
- You agree and acknowledge that DDS4U has no obligation to retain Your Data in the event of termination of the Service for non-payment, and as such Your Data will be irretrievably deleted. If you or DDS4U initiate termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Fees and Payment Terms section above.
- Although DDS4U is not obligated and does not routinely screen or monitor any of your Scheduler or Scheduler Sub domain content or notifications related thereto, it reserves the right at all times to do so and DDS4U may deny you access to all or part of the Service without notice if you engage in any conduct or activities that DDS4U believes in it sole and absolute discretion is inappropriate or obscene or violates applicable law or any terms of this agreement. You agree that any termination of your access to the Service and your Scheduler hosted by DDS4U under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that DDS4U may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that DDS4U shall not be liable to you or any third-party for any termination of your access to the Service or your Scheduler. These terms do not create any DDS4U obligations, third party rights or private rights of action, but may be enforced solely by DDS4U in its sole discretion. The decision by DDS4U not to take action to enforce these rules in a particular instance shall not be considered a waiver of any right to do so in the future or in other situations.
- DDS4U grants you a non-exclusive, non-transferable worldwide right to use the Service, subject to the terms of this Agreement. You grant to DDS4U the non-exclusive, worldwide, right to use, copy, store, transmit and display Your Data solely to the extent necessary to provide the Service as requested by you. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise make available to any third party the Service or the Content, or (ii) modify or make derivative works based upon the DDS4U Technology or the Content. All rights not expressly granted to you are reserved by DDS4U and its licensors.
- DDS4U alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the DDS4U Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. Such rights extend to any system modifications and/or system features added at your request. This Agreement is not a sale and does not convey any rights of ownership in or related to the Service, DDS4U Technology or Intellectual Property owned by DDS4U to you. The DDS4U name, the DDS4U logo, and the product names associated with the Service are trademarks of DDS4U or third parties, and no right or license is granted to use them.
- You are responsible for any and all activities that occur under your Scheduler. You shall: (i) notify DDS4U immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to DDS4U immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you; (iii) assure that use of the Service shall at all times comply with all applicable local, state, federal, and international laws, regulations, and conventions, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data; and (iv) not impersonate another DDS4U user or provide false identity information to gain access to or use the Service. DDS4U reserves the right to take any action it deems appropriate with respect to Content posted on your Scheduler. Such action is taken at the sole discretion of DDS4U and may include, but not be limited to, termination of your rights of use.
- All data submitted by you to the Service, whether posted by you, Users, Customers or other third parties, shall remain the sole property of you or such third parties, as applicable, unless specifically notified in advance. You, not DDS4U, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Your Data, and DDS4U shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data. In the event that you terminate this Agreement (other than by reason of a breach by you), DDS4U will make available to you a file of the Your Data within 30 days of termination notice if you so request. DDS4U reserves the right to withhold, remove and/or discard Your Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Your Data immediately ceases, and DDS4U shall have no obligation to maintain or forward any of Your Data.
Representations and warranties
- Each party represents and warrants that it has the legal power and authority to enter into this Agreement. DDS4U represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service, that your billing information is correct, and that you will comply with the terms of this Agreement.
- You shall indemnify and hold DDS4U, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents 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) a claim alleging that use of the Your Data infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of the representations and warranties; or (iii) a claim arising from the breach by you or Users of this Agreement, provided in any such case that DDS4U (i) gives written notice of the claim promptly to you (ii) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless it unconditionally releases DDS4U of all liability and such settlement does not affect DDS4U's business or Service); (iii) provides to you all available information and assistance; and (iv) has not compromised or settled such claim.
Username and password
- You are responsible for maintaining the security of your account, passwords, and files. DDS4U will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information as determined by DDS4U in its discretion, by email or by phone, or through a Third Party Service, if any, through which you access the Service. DDS4U has no knowledge of your organizational structure, if you are registering for the Services as an entity, or your personal relationships, if you are a person. DDS4U shall not be responsible for the actions of any individuals who misuse or misappropriate your account data or other assets using your username and password or other appropriate account identifying information.
The Service can run on any computer with an Internet connection and supports the following browsers:
- Mozilla Firefox version 3.6 and higher - DDS4U recommends using Firefox for best performance
- Google Chrome version 10 and higher
- Microsoft Internet Explorer version 8 and higher (versions 6 and 7 may be usable for clients but are not optimized and may cause display issues)
- Apple Safari version 5.0 and higher
DDS4U strongly recommends a minimum screen resolution of 1024 x 768 for the best possible user experience. Screen resolutions smaller than 1024 x 768 may cause display issues.
Non-DDS4U Providers And Integrations.
Disclaimer of warranties
You expressly understand and agree that: your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. DDS4U expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Nor does DDS4U guarantee that any information, software, or other material accessible from or related to the service is free of viruses, worms, or other harmful components. DDS4U makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, or (iv) any errors in the software related to the service will be corrected. DDS4U provides you the ability and strongly recommends that you regularly back-up all data via reports and excel files to preserve your data.
No advice or information, whether oral or written, obtained by you from DDS4U shall create any warranty not expressly stated in the terms and conditions. Internet delays
The service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. DDS4U is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Release; limitation of liability
Other than as set forth herein, DDS4U is not directly involved in the actual transaction between you and your Customers using the Service and your Scheduler. DDS4U has no control over the quality or legality of the appointments made, or the truth or accuracy of the user registrations. DDS4U cannot ensure that your Customers will honor their appointments. Because we are not involved in the actual direct transaction between you and your Customer, in the event that you have a dispute with one or more Customers, you release DDS4U (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes". You expressly understand and agree that DDS4U shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DDS4U has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service or your scheduler; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data; or (d) any other matter relating to the service or your scheduler. In no event shall DDS4U's total cumulative liability exceed the amount paid by you for use of the service during the twelve (12) month period preceding the event giving rise to the claim for damages.
- This Agreement may not be assigned by you without the prior written approval of DDS4U but may be assigned by DDS4U to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
- No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and DDS4U by this Agreement. This Agreement is between DDS4U and you and is not intended to be for the benefit of any third party.
Compliance with laws
- You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service, your Scheduler, and posting and retrieval of Content (including without limitation those governing interstate commerce, export control, unfair competition, or false advertising). If there are applicable fees and taxes you incur to access the Services, including without limitation all applicable sales, use, gross receipts, and excise taxes, you are solely responsible for their payment.
Modification of terms
- DDS4U reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
- This agreement constitutes the entire agreement between DDS4U and you and governs your use of the service, superceding any prior agreements between you and DDS4U. If any provision of the agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. By using the service, you represent and warrant that you can form legally binding contracts under applicable law. This agreement and all writings incorporated by reference into the agreement, set forth the entire understanding and agreement between you and DDS4U with respect to the subject matter hereof. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
As used in this Agreement and in any Order Forms now or hereafter attached hereto;
- "DDS4U Technology" means all of DDS4U's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by DDS4U in providing the Service and your Scheduler;
- "Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service;
- "Customer(s)" means anyone authorized by you to use the Service and your Scheduler to book and confirm appointments or reservations for themselves.
- "Initial Term" means the period during which you have committed to pay for the Service as indicated in the billing information portion of the Scheduler and/or related invoices.
- "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature;
- "Scheduler" means your customized online scheduling application based on DDS4U's software and accessed by Users and Customers via a URL assigned to you.
- "Service" means the online appointment and reservations scheduling service developed, operated, and maintained by DDS4U accessible via http://www.dds4u.com.au or other designated web site or IP address or ancillary services rendered to you by DDS4U, to which Users and Customers are being granted access under this Agreement, including the DDS4U Technology, the Scheduler, and the Content;
- "User(s)" means you, your employees, representatives, consultants, contractors or agents who are authorized by you to use the Service to book appointments and reservations on behalf of Customers, and to administer and manage your Scheduler.
- "Your Data" means any data, information or material provided or submitted by Users, and any registration information and appointment data provided or submitted by Customers or by Users on behalf of Customers, to your Scheduler in the course of utilizing the Service.
Questions or additional information
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to firstname.lastname@example.org