Terms of Service for Customers

Last update: 30 November 2020

Please read these Terms of Service for customers carefully. By visiting, downloading, using or attempting to interact with any part of the Services, you confirm that you have read these terms, are entering into a legally binding contract with us, and agree to comply with these Terms. If you do not agree with these Terms you must not use the Services. Our role is limited to connecting customers and providers and we are not a provider of medical advice or services. The Services are not a substitute for the advice of a customer’s independent healthcare professional. For information about how we collect and use personal data, please see our Privacy Notice.

1 INTRODUCTION
- 1.1 Who we are. We are MeTime Corporation Limited, with company number 669120 and registered address at 5 Fitzwilliam Square East, Dublin 2, Ireland (“we”, “our” or “us”).
- 1.2 Definitions. To make things easier, in these Terms when we say:
  
  1.2.1 "customer" we mean an individual that has a customer account on the Services;
  
  1.2.2 "provider" we mean a clinic, company or organisation, or an individual professional or consultant, that has a provider account on the Services;
  
  1.2.3 "Services" we mean the MeTime app, the website located at www.metime.com, any content and materials on our app and website, and any other software, products, services, information, tools and technology that we make available;
  
  1.2.4 "Treatments" we mean advice, consultations, recommendations, products, services, procedures and treatments that a provider offers or supplies.
- 1.3 Services summary. The MeTime Services make it easier for customers looking for information on Treatments to learn more about the providers and the Treatments they offer, match with providers in the locations they select, and share information with the providers they choose. The Services allows customers to:
  
  1.3.1 create a customer account and upload and post information, photos and videos to their customer account;
  
  1.3.2 review, edit and delete the information in their customer account;
  
  1.3.3 send information, for example through online messaging and video conferencing, to providers the customer chooses for the purposes of enabling those providers to suggest Treatments based on information, profiles, preferences and photos. When a customer sends information to a provider through the Services, the provider receives that information through the provider’s account on the Services;
  
  1.3.4 share the customer’s journey with users the customer chooses.
  
  When a customer is ready he or she can use their own judgement to choose the best provider for them, and use the Services to book an appointment and pay for a Treatment.
- 1.4 Contacting us. If a customer wants to learn more about the Services or has any problems it should look at our online FAQs and support resources. If a customer is still experiencing issues, please do not hesitate to contact us at admin@metime.com or by completing our online contact form. By sending us suggestions or other feedback regarding the Services, a customer agrees that we can use and share that feedback for any purpose without payment or obligation.
2 AGREEMENT
- 2.1 Binding agreement. These are the terms of service (“Terms”) on which we provide access to or use of the Services (or any part of them) to a customer visiting, downloading, signing-up for or using the Services. These Terms form a binding legal agreement between the customer and us. Each time a customer visits, downloads or accesses the Services (including any updates), it agrees to the current version of these Terms. If a customer does not agree to the current version of these Terms it is not permitted to use the Services and must immediately remove the Services from its device.
- 2.2 Other terms. There are other terms that may apply to a customer when using the Services that are not part of these Terms but which contain provisions that apply to use of the Services:
  - 2.2.1 our Privacy Notice available at metime.com/privacy-policy
  - 2.2.2 if a customer downloads our app from an app store the app store’s rules and policies may also control the ways in which the customer can use our app.
3 RELATIONSHIP
- 3.1 Relationship with us. The Services offer a platform for customers and providers to identify each other and transact directly with each other. Our role is limited to offering technology to facilitate the connection and exchange of information between a customer and a provider through the Services. We are not a party to the relationship or any dealings between a customer and a provider. We have no input and do not influence the interaction between a customer and a provider. The provider is responsible for the Treatment supplied to customers. We are not responsible or liable for any of the provider’s Treatments and we do not supply Treatments. A provider is solely responsible for determining what Treatments to offer, the time, place, manner, and means of providing those Treatments, and the price it charges. The fact that a provider is using the Services is not a recommendation or endorsement by us of the qualifications, expertise, specialisation or suitability of that provider of the Treatments it offers, or of the willingness or ability of a provider to supply a Treatment or complete any transaction on the Services.
- 3.2 Customer responsibilities. A customer is responsible for: (a) evaluating and determining if the Services are suitable and sufficient for the customer’s needs; (b) using the customer’s own judgement as to whether to communicate and share information with a provider and whether to acquire any Treatments; (c) ensuring the accuracy and legality of all customer content; (d) agreeing to the provider’s terms and conditions and privacy policies; and (e) paying the provider.
- 3.3 Customer commitments. By using the Services a customer confirms that it:
  - 3.3.1 read and agree to be bound by these Terms;
  - 3.3.2 is 18 years old or older and has the legal capacity to enter into and agree to these Terms;
  - 3.3.3 is resident in one of the locations where we offer the Services and is accessing the Services from that location. We cannot guarantee that the Services and the material and content on them is suitable for users in other locations;
  - 3.3.4 is not a person banned or restricted from using the Services;
  - 3.3.5 will use the Services in compliance with all applicable laws and will not use the Services for any illegal or unauthorised purpose.
4 CUSTOMER ACCOUNT
- 4.1 Creating a customer account. To access and use certain elements of the Services a customer must register and sign-up for a customer account by supplying its name and other requested information as prompted by the account creation and registration process. The customer promises that all information it provides to us and to providers is true, accurate and complete. A customer account is not If any of the customer’s information changes it must update this through the account details section of the Services. We have the right to decline to supply a customer account or offer the Services to anyone.
- 4.2 Safeguarding customer account details. A customer is responsible for maintaining the security of its user ID and password that it uses to access its customer account and for any actions taken by anyone accessing the customer’s account where it has provided them with the customer’s login details or has been reckless with its account security. A customer must notify us immediately if it knows or suspects its customer account has been accessed by an unauthorised third party.
- 4.3 Interactive features. The Services may provide access to interactive features, for example live message and video chat functionality that allows customers and providers to communicate. We are under no obligation to monitor or moderate any interactive service.
- 4.4 Third party links. The Services may display links to independent websites or content that are not connected to us. These are not under our control, and we are not responsible for and have not checked and approved their content, terms of use or privacy policies (if any). We are not responsible for their availability or accuracy. A customer must make its own judgement about whether to use any independent websites or content.
5 CUSTOMER BOOKINGS & PAYMENT
- 5.1 Customer charges. We always strive to make it clear what a customer is paying for. At present, we do not charge individual customers to download or subscribe to the Services. In future, some aspects of the Services may require customers to take out a subscription plan or pay a recurring fee. A customer must pay for all Treatments. When a customer books and pays for a Treatment through the Services part of the charges will include our administration fees and the payment processing charges.
- 5.2 Booking a Treatment. A customer can book a Treatment from a provider through the Services. The provider can request payment from the customer through the Services. Payment is arranged through our third party payment processor who will collect payment from the customer on the provider’s behalf. The customer must authorise the full payment amount that the provider requests in respect of a Treatment at the time of booking. Funds will be paid out once the Treatment takes place or after a specified period of time, minus our administration fees and the payment processing charges that we will retain. By booking a Treatment the customer authorises us and our third party payment processor to process payment of the Treatment charges, our administration fees and the payment processing charges. Payment is accepted by most major credit cards. Charges (including our administration fees and the payment processing charges) are non-refundable except as applicable law otherwise requires. The customer agrees not to ask its bank or card provider to charge back any amounts charged for any reason.
- 5.3 Contract of sale. We are not involved in the actual transaction between the customer and the provider and we do not represent the customer or the provider in any specific transaction. As the customer is booking and acquiring a Treatment directly from the provider, the customer should carefully read the terms & conditions and policies (including cancellation, refund and privacy policies) of the provider and of our third party payment processor. The customer acknowledges that the contract of sale is directly between the customer and the provider and the customer is entering into a legally binding contract to book, purchase and receive a Treatment from the provider. If the customer has any questions about this it should ask the provider.
- 5.4 Cancelling a booking. If for any reason a provider is not able to supply the Treatment, we ask the provider to tell the customer before the provider cancels using the customer’s contact details associated with the customer account. A customer may reschedule or cancel a Treatment subject to the rescheduling, cancellation and refund policies of the provider that the provider makes the customer aware of at the time of booking. The customer acknowledges that once a Treatment takes place or the funds have been paid out to the provider, we are unable to consider a refund request and the customer will need to contact the provider directly. If a customer wants to cancel the Treatment after the provider has started supplying the Treatment, the customer is liable to pay for all Treatments supplied up until the time the customer sends its notice of cancellation. If the provider or the customer cancels a Treatment or a Treatment does not take place we are not required to refund our administration fees or the payment processing charges. This paragraph does not affect the customer’s statutory rights.
- 5.5 Customer and provider complaints. The customer should contact the provider directly if it has any queries or complaints about the booking, cancellation, payment or supply of a Treatment. If the provider is not able to resolve the customer’s issue the customer may pursue any remedy available to it against the provider, but the customer acknowledges that we will not be involved in and do not have to provide any assistance on dispute resolution between the customer and the provider.
- 5.6 Non-payment. If a customer does not pay any charges it owes or we have to refund someone due to unauthorised use of a payment made from the customer’s account, we may, in our sole discretion, suspend or terminate the customer’s account and take any other action we believe is necessary.
- 5.7 Changing fees. We may change the fees and charges or introduce new fees and charges from time to time and we will notify the customer in advance.
6 CUSTOMER INFORMATION
- 6.1 Customer information. The Services are intended to allow a customer to enter, retrieve and maintain information relating to the customer only on the customer’s account. A customer is not permitted to use the Services to collect, enter or process information of any other person.
- 6.2 Our policies. We will handle all personal data we collect through use of the Services in the ways set out in our Privacy Notice and Cookie Policy. We encourage each customer to familiarise itself with these documents as they contain important information about how we collect process and store information.
- 6.3 Nature of the internet. The transmission of information over the internet can never be completely private or secure and the customer accepts the risk that others may be able to read or intercept any information, text, video or image it submits or sends using the Services, even if a particular transmission is identified as secure or encrypted. The customer understands that it is solely responsible for all electronic communications and content sent from its devices and network.
- 6.4 Security. We will implement and maintain commercially reasonable security measures to prevent unauthorised use, destruction, loss or disclosure of information that the customer provides to us through the Services.
7 OUR INTELLECTUAL PROPERTY RIGHTS
- 7.1 IP rights. All intellectual property rights in the Services throughout the world belong to us or our licensors and the rights in the Services are licensed (not sold) to customers. All rights are reserved to the relevant owner or licensor of those works. A customer has no intellectual property rights in, or to, the Services other than the limited right to use them in accordance with these Terms.
- 7.2 Limited rights. The elements of the Services, including the general design and the imagery, are protected by copyright, database right, trademark, patent and other laws relating to intellectual property rights. Nothing in these Terms gives the customer a right to use our or our licensors’ names, trademarks, logos, domain names and other distinctive brand features. A customer is permitted to download and print any of the information from the Services solely for its own personal use. A customer is not permitted to use any content of the Services for commercial exploitation in any circumstances.
- 7.3 Unauthorised use. We have the right to investigate any suspected or actual improper, illegal, or unauthorised use of the Services (or any part of them) and we are entitled to take any legal action we deem appropriate.
8 CUSTOMER INTELLECTUAL PROPERTY RIGHTS
- 8.1 Customer content. To enable us to provide the Services, the customer must give us certain permissions in respect of the content that the customer supplies on its journey through the Services, for example content from live chats, text, images, video, audio and other information the customer uploads or posts to the Services (“customer content”). Specifically, the customer grants us and our suppliers, from the time of providing that customer content, a worldwide, perpetual, irrevocable, sub-licensable, transferable, assignable, non-exclusive and royalty-free right and licence to use, access, copy, transmit, reproduce, translate and import the customer content, including, all copyrights, trademarks, patents, and other intellectual and proprietary rights related to them, in any current or future media, for the purposes of us providing the Services. The customer waives any moral rights it may have in customer content.
- 8.2 Right to share. The customer promises that it owns or has a right to share any customer content and that its customer content will not violate the rights (including the privacy or intellectual property rights) of any person. We are not responsible or liable to any third party for the content or accuracy of any customer content that the customer or any other user of the Services provides.
- 8.3 Removal. We are entitled to remove any customer content if, in our opinion, that customer content does not comply with the requirements of these Terms.
9 SUSPENSION AND ENDING THESE TERMS
- 9.1 Term. These Terms are effective until a customer or us cancels them.
- 9.2 Customer rights. A customer can close its customer account and end these Terms at any time by following the instructions in the customer account section of the Services.
- 9.3 Our rights. We have the right to limit, suspend, modify or withdraw all or any part of the Services, delete customer content, or suspend or terminate the customer’s account and access to the Services: (a) if the customer has (or we reasonably believe it is about to) violate any provision of these Terms in a serious way; (b) if the customer breaches paragraph 6 (No transaction outside the Services); (c) if we no longer offer the Services in the customer’s location; (d) if any information the customer supplies us is not true or we cannot verify that information; (e) if the customer fails to pay any charges owing when due; (f) if a customer does not use its customer account for a period of six months; or (g) in response to any business, legal, operational or security reason. Taking any of these actions does not limit any other rights we may have and we are entitled to take all other actions that we reasonably believe are appropriate. We are not liable to a customer or anyone else for any limitation, suspension modification or discontinuance of the Services. If what the customer has done can be put right we will notify the customer and give it a reasonable opportunity to do so.
- 9.4 App store terms. The app store with which the customer has an account may stop marketing or stop allowing the installation of our app at any time. This is outside our control. We are not liable to the customer or anyone else for any action taken by any app store to restrict or terminate a customer’s ability to download or use our app.
- 9.5 Effects of termination. On termination of the customer’s account the customer must immediately stop all activities that these Terms authorise, including use of the Services. The customer is not entitled to any refunds for amounts already paid to us.
- 9.6 Surviving provisions. Paragraphs 5, 7, 8, 9, 10 and 12survive termination or expiry of these Terms. Any amounts owed by the customer before termination remain owed after termination.
10 LIABILITY
- 10.1 Our responsibility. Without affecting paragraph 8 below, if we fail to comply with these Terms, we are responsible for loss or damage the customer suffers that is a foreseeable result of our breaching these Terms or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the customer accepted these Terms, both the customer and we knew it might happen. We are not responsible for loss or damage a customer suffers that is not foreseeable.
- 10.2 Where we do not exclude loss. Nothing in these Terms excludes or limits our liability where it would be unlawful to do so. If the customer is a consumer, it has certain rights that cannot be excluded by contract and these Terms do not limit or affect any of those rights.
- 10.3 Customer responsibilities for information. When using the Services the customer is responsible for the consequences of all information and instructions it provides. We do not review or verify whether the information the customer or a provider provides to us, to providers to or anyone else through the Services is accurate, up to date, complete or representative. To the extent the customer provides any inaccurate or incomplete information or instructions we have no liability or other responsibility for inaccuracy, errors or omissions in the Services, or for any inability of a customer or provider to use or benefit from the Services.
- 10.4 What we can’t guarantee. Although we make reasonable efforts to ensure the information the Services displays and outputs is correct, we make no representations, warranties or guarantees, whether express or implied, that the information, any Treatment, or Treatment description is accurate, complete or up to date, or that the Services or any information, Treatment, or Treatment description will meet the customer’s expectations or requirements. We are not responsible for any acts or omissions of a customer, any provider or any other person. We do not guarantee that: (a) the Services (or any part of it) will always be available, secure, error-free, timely, or that defects will be corrected; (b) the Services or the systems that make it available will operate in combination with any hardware, software or data; or (c) the Services are free from viruses, bugs or other harmful elements. If a customer is not happy with the Services its sole remedy is to terminate its customer account.
- 10.5 Service limitations. The Services have not been developed to meet a customer’s specific requirements or conditions and are a source of general information only. We are not a provider of medical advice or services. We do not supervise, direct or control the providers and the providers are not our employees. We cannot guarantee the accuracy, safety, quality or results of any Treatments a provider offers or supplies. The Services are not designed to provide health or medical advice or for the managing of a medical emergency or treatment of any specific condition. A customer should never delay seeking medical advice, disregard medical care or instructions, or discontinue medical treatment because of information obtained from the Services or from a provider. The Services are not a substitute for the advice of a customer’s independent healthcare professional and we recommend customers obtain the advice of their healthcare professional before taking, or refraining from, any action on the basis of information obtained from the Services or from a provider. We may not be able to verify all information a provider gives us, and while we ask providers to confirm their identity, we cannot perform complete background checks on any provider. We do not recommend the need for any Treatment and it is up to each customer to do their own research and make sure that a provider and any Treatment is right for them. A customer uses the Services at its own risk and we are not liable for any decision, act or omission made by anyone connected with use of the Services or for any dealings a customer may have with the provider or any third party. Online communication may be unsuitable in certain circumstances and it is up to the customer and the provider to agree if in-person analysis and examination is required. If a customer becomes aware that any information it sends or receives relating to a Treatment, its Treatment plan, or its care is inaccurate or incomplete, or a customer experiences any side effects from a Treatment, the customer should promptly bring this to the direct attention of the provider.
- 10.6 Events outside our control. We are not liable or responsible if our provision of the Services or any other responsibility we have under these Terms is hindered, delayed or otherwise impacted by an event outside our reasonable control. If this occurs, we will try to contact the customer to let it know and we will take steps to try to reduce the effect.
- 10.7 Business losses. The Services are designed for customers to use for domestic and private use. Use of the Services for any commercial, business or resale purpose means that we have no liability for any loss of profit, loss of business, damage to reputation, loss of goodwill, loss of or corruption of data, loss of anticipated savings, business interruption, loss of business opportunity or any similar losses.
- 10.8 Limitation of our liability. We believe it is fair and reasonable to limit the total amount of liability we have to each customer. To the extent applicable law allows, our total aggregate liability to a customer (whether in contract, tort (including negligence) or any other legal theory) for any losses, liabilities, damages, claims and costs arising out of or in connection with these Terms or use of the Services, will not exceed in aggregate for all claims the lower of: (a) the sum of all administration fees received from Treatments involving that customer in the six month period before the date the claim first arose; and (ii) €100.
- 10.9 Customer obligation. The customer agrees to compensate us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, contractors and agents) in full for any losses, liabilities, damages, claims and costs that we suffer, incur or pay out arising out of or in connection with any violation by the customer of these Terms, the customer’s improper use of the Services, or the customer’s breach of any law or of the rights of a third party.
- 10.10 Disputes. If a complaint or dispute arises between a provider and a customer, the customer agrees to release us (and our affiliates and our and their respective directors, officers, employees, consultants and agents) from all losses, damages, claims and costs of any kind, arising out of or in connection with those complaints or disputes.
11 ACCEPTABLE USE
12 GENERAL
- 12.1 Relationship: Nothing in these Terms creates a partnership, agency, joint venture or employment relationship between a customer and us. A customer has no right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in our name or on behalf of us.
- 12.2 Contact. If we have to contact a customer we will do so by email, SMS or online message, using the contact details the customer has supplied to us.
- 12.3 Entire agreement: These Terms (and any other terms, policies and operating rules we provide to when a customer engages with a feature of the Services) are the only agreement between a customer and us regarding the Services. All previous agreements, promises, representations, statements and understandings between a customer and us regarding the Services are not part of the contract between the customer and us.
- 12.4 Transfer: We are giving a customer personally the right to use the Services. A customer may only transfer its rights and obligations to someone else under these Terms if we agree to this in writing. We may transfer our rights and obligations under these Terms to another organisation without the customer’s consent. We will tell the customer in writing if this happens. If a customer is unhappy with the transfer, it may cancel its customer account in accordance with these Terms.
- 12.5 Third parties: These Terms are personal to the customer and there are no third-party beneficiaries to these Terms.
- 12.6 Waiver: If we fail to insist that a customer performs any of its obligations under these Terms, or if we do not enforce our rights against a customer, or if we delay in doing so, that will not mean that we have waived our rights against the customer and does not mean that the customer does not have to comply with those obligations. If we do waive a default by the customer, we will only do so in writing, and that does not mean that we will automatically waive any later default by the customer.
- 12.7 Severability: Each of the paragraphs in these Terms operates separately. If a court decides that any of them are unlawful, the remaining paragraphs remain in full force and effect.
- 12.8 Meaning of certain terms: When we use the words "writing" or "written" in these Terms, this includes emails. In these Terms, the singular includes the plural and the masculine includes the feminine and neuter and vice versa. Headings do not form a part of these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
- 12.9 Governing Law. The existence, formation, interpretation, operation and termination of these Terms and any claim, matters or disputes arising out of or in connection with the Terms and the Services (whether contractual or non-contractual), are governed by and interpreted in accordance with the laws of Ireland. If a customer is a consumer that is habitually resident in a member state of the EU, the customer will benefit from any mandatory provisions of the law of the country in which it is resident and nothing in these Terms, including in this paragraph, affects its rights as a consumer to rely on such mandatory provisions of local law.
- 12.10 Jurisdiction. If the customer is a consumer and habitually resident in a member state of the EU it may bring a claim to enforce its consumer protection rights in connection with these Terms in the courts of Ireland or in the EU country in which it resides. In all other cases, the customer and we agree to submit to the exclusive jurisdiction of the courts of Ireland regarding any claim, matter or dispute (whether contractual or non-contractual) between the customer and us arising out of or in connection with these Terms or the Services.
- 12.11 If a customer would like to bring a matter to our attention, please contact us first. If a customer habitually resides in a member state of the EU, the European Commission provides an online dispute resolution platform that the customer can visit here: https://ec.europa.eu/consumers/odr.

Dr Gustavo Gonzalez Esparza

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