Terms of Service for Customers
Last update: 30 October 2024
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 [email protected]. 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.
2.3. Changes to these Terms. We have the right to change these Terms from time to time to accurately reflect our services and practices, to reflect changes in our business or the law, and for other valid reasons. We will notify a customer of any significant change by sending an email or message using the contact details the customer has provided to us at sign-up and we will post the revised version online. Changes are effective from the date specified by us at that time. By using the Services after the changes take effect the customer agrees to be legally bound by the amended Terms. If the customer does not accept the notified changes it is not permitted to continue to use the Services and must immediately remove the Services from its device.
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.
3.4. Arranging access. It is the customer’s responsibility to select, obtain and pay for internet access (including excess charges if a provider exceeds any data caps) and any equipment, internet access or services necessary to download and use the Services. We are not responsible for the failure of any internet or network services. The customer acknowledges that the quality and bandwidth of its internet or network service will affect the quality and speed of access to and use of the Services. The customer is responsible for ensuring that its devices and operating systems meet the minimum specifications and are configured correctly to use the Services.
3.5. Updates to the Services. From time to time we may automatically update any part of the Services to improve or modify performance, and functionality, reflect changes to technology or address security issues. Alternatively, we may ask a customer to update the Services. If a customer chooses not to install updates or if the customer opts out of automatic updates the customer may not be able to continue using the Services or certain features and functionality may no longer be available or the customer may not receive important security updates. We may change (including by removing features and benefits), stop or suspend the nature, features and functionality of the Services from time to time (for individual users, categories of users or all users) for valid reason without prior notice to the customer. Any new features or content that we add are also subject to these Terms. We will try to provide reasonable notice to a customer before stopping the Services completely or making changes which significantly impact a customer, unless there are serious grounds for stopping the Services or making significant changes immediately.
3.6. Avoidance of fees. We invest a lot into our Services to make it easy for customers and providers to connect and transact efficiently and safely. The customer must therefore not attempt or encourage avoiding payment of our administration fees or the payment processing charges, or cancel a Treatment through the Services for the purposes of the customer rebooking and directly paying the provider the complete amount.
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
11.1. Use of the Services. A customer must not use the Services:
11.1.1. in any manner inconsistent with these Terms;
11.1.2. in a way that violates or attempts to violate any applicable law, regulation, rule or code;
11.1.3. in a way that causes or is likely to cause the Services, or access to any it to be interrupted, damaged, or impaired in any way;
11.1.4. for any unlawful, fraudulent, improper or malicious purpose or effect;
11.1.5. to submit false or misleading information;
11.1.6. to engage in any deceptive or misleading practices;
11.1.7. in any way that infringes the legal rights (including the privacy or intellectual property rights) of any other person;
11.1.8. to deceive any person, to impersonate any person, to mislead as to the origin of the customer’s information, or to misrepresent the customer’s identity or affiliation with any person;
11.1.9. to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms;
11.1.10. to transmit or procure the sending of content or material, that is defamatory, racist, sexist, false, misleading, discriminatory, hateful, obscene, offensive or otherwise objectionable to us, the providers or any other person;
11.1.11. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; or
11.1.12. to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form or similar solicitation (‘spam’).
11.2. Restrictions. A customer must not:
11.2.1. access or attempt to access the accounts of another user;
11.2.2. use the Services in any way that could damage, compromise, overburden, disable or impair the Services, anyone’s server, systems or networks, or that could interfere with any other person;
11.2.3. use the Services in order to build a product or service which competes with the Services;
11.2.4. circumvent or manipulate the security features of the Services or attempt to gain unauthorized access to the Services, any part or feature of the Services, or any servers, equipment, software, systems or networks associated with the Services;
11.2.5. use the Services to obtain or attempt to obtain any materials or information through any means not intentionally made available to the customer;
11.2.6. rent, lease, sell, sub-license, loan, provide, delegate or otherwise make available the customer’s access to the Services (or any part of it including any of the software in or accessible through it) in any form, in whole or in part to any person;
11.2.7. reproduce, republish, reverse-engineer, disassemble, de-compile, translate, duplicate, copy, create derivative works from the whole or any part of the Services nor attempt to do any such things, in any way that is not in compliance with the applicable laws or these Terms;
11.2.8. translate, merge, adapt, vary, alter or modify, the whole or any part of the Services, or allow the Services or any part of it to be combined with, or become incorporated in, any other programs; or
11.2.9. hack into or insert harmful or malicious code, such as viruses, or harmful data, into the Services, or any other network or system.