Terms and Conditions

Introduction

There are no refunds for monthly or yearly accounts. We offer a trial period to test the software and make sure it works for your needs. Once the trial ends and a payment is made, there are no refunds for any reason.
The Hello Scheduler Software and/or API and any other features, content or applications offered from time to time by us (Hello Scheduler Services) are owned and operated by Vivid Engagement Pty Ltd (Trading as Kylie Malcolm Content & Design). References to we, us, our and Hello Scheduler are to Kylie Malcolm Content & Design. References to you, your, and customer are to you.
These terms and conditions (Terms) apply to use of the Hello Scheduler Services by you. It is envisaged that you will use Hello Scheduler UI or integrate with our Hello Scheduler API in order to provide your users (Staff/employees/contractors) and their end users (customers, clients, potential customers, contact) with access to the Hello Scheduler Services. By using the Hello Scheduler Software and/or API and providing access to the Hello Scheduler Services you are deemed to agree to these Terms and our Privacy Policy; if you do not agree to these Terms or the Privacy Policy, please do not continue to use the Hello Scheduler Services. A breach of these Terms may result in access to the Hello Scheduler Services and your Account being revoked.
We reserve the right to modify these Terms at any time and the version that will apply from time to time will be the version that is current and displayed on our website so please ensure that you check this page periodically for any updates. These Terms were last updated on June 10th 2019.
If you wish to contact us for any reason, including to make a complaint, please use the contact details provided below.

The Hello Scheduler Services

The Hello Scheduler Services are designed to enable individuals, small business owners, organizations and employees to integrate a customer facing calendar solution that integrates with 3rd party calendars (icloud, Google, Outlook, Exchange, etc) party calendar solutions (Solutions) with Hello Scheduler to improve user experience and time management.
We may update or modify the Hello Scheduler Services from time to time in our sole discretion.
It is your responsibility to: (i) procure any authorizations from users (staff/employees) and your customers so as to enable your Solutions to be integrated with Hello Scheduler; and (ii) procure that End Users agree to our End User Terms and Conditions prior to using the Hello Scheduler Services.
You acknowledge that, in providing access to the Hello Scheduler Services, Hello Scheduler will simply be passing information received from customers to users or vice versa. Hello Scheduler shall have no responsibility for verifying or checking the accuracy or completeness of that information. Hello Scheduler’s only obligation to you in respect of that information is to ensure we display the information that was shared with Hello Scheduler Services and that the relevant information is relayed to the same level of accuracy as received from you, as applicable.

Acceptable Use Policy

It is your responsibility to ensure that your computer system meets the necessary requirements to use the Hello Scheduler Services, and to procure that your customers computer systems meet the necessary requirements Hello Scheduler Services. Hello Scheduler takes no responsibility for your inability to use the Hello Scheduler Services or provide access to the Hello Scheduler Services owing to your system’s incapability, or for the inability of Users or End Customer to access the Hello Scheduler Services, as applicable, owing to their systems’ incapabilities.
When using the Hello Scheduler Services and providing access to the same by Users and/or End Users, you agree not to:
1. breach any applicable law, regulation or code of conduct or infringe the rights (including intellectual property rights) of any person;
2. impersonate any other person;
3. damage, interfere with or disrupt the Hello Scheduler Services in any way;
4. knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware of the Cronofy Services;
5. decrypt, extract, reverse engineer or decompile the Hello Scheduler Services;
6. include any portion of the Hello Scheduler Services in any other software program, other than as envisaged and permitted under these Terms;
7. develop methods to enable unauthorized parties to use and/or access the Hello Scheduler Services;
8. use the Hello Scheduler Services in a way that may damage our reputation;
9. use the Hello Scheduler Services in any manner to compete with Hello Scheduler or build products or services that compete with the Hello Scheduler Services;
10. 10.remove any identification or notices of any proprietary or copyright restrictions from the Hello Scheduler Services or any associated materials; or
11. publish or send any information which:
  1. is defamatory, threatening, harassing, invasive of privacy, offensive, racist, discriminatory, obscene, pornographic, misleading abusive or deceptive or involves phishing, scamming or similar;
  2. constitutes unauthorized or unsolicited advertising, junk or bulk email (spamming); or
  3. involves commercial activities and/or sales without our prior written consent; or
  4. use Hello Scheduler for any illegal businesses, sex trade, prostitution or otherwise elicit activities.

You accept that we may remove any material from the Hello Scheduler Services which breaches clause 3.2.11, or any similar material, in our discretion.

Your Account

In order to be able to use the Hello Scheduler Services, you must first register to set up an account with us (Account) by completing the sign-up form on our website.
In order to be eligible to sign up for an Account, you must:
1. be 18 years or older;
2. be legally capable of entering into binding contracts; and
3. be able to provide us with the following information:
  1. your full name; and
  2. a valid and current email address.
You agree to disclose true and complete information during the Account registration process, and to update your information promptly in the event that it changes.
We reserve the right to refuse anyone an Account or terminate anyone’s Account at any time at our sole discretion without giving a reason.
It is your duty to keep your Account safe and secure. Please do not share the password to your Account with anyone and always ensure you log off when not using the Hello Scheduler Services and ensure that all devices which you use to access the Hello Scheduler Services are securely locked when not in your possession. We will not be liable for any loss or damage whatsoever resulting from the disclosure, howsoever caused, of your password contrary to these Terms. You may not use another person’s Account without the Account holder’s express permission. Accounts are non-transferable.
You must notify us as soon as possible of any unauthorized use of your password or Account or any other breach of security.
You may reset your account password at any time using the forgot password link on the login screen.

Payment and Cancellation

There are no refunds.
Clients can elect to pay monthly or yearly. Yearly receives a discount over monthly payments for the exchange of a one year committment.
Should you elect to subscribe to a chargeable subscription plan, you agree to pay the applicable subscription fees (Fees). You will be asked to complete certain payment information at sign-up. Once we have received the first installment of the Fees (the Start Date), you will be able to use the Hello Scheduler Services and provide access to the Hello Scheduler Services for the applicable number of Users with an unlimited number of End Users, as applicable.
Any failure to pay the Fees will result in termination of your access to the applicable subscription plan, and use of the Hello Scheduler Services will be restricted to the number of Users (as applicable) provided on the free subscription plan.
If you have elected to subscribe on a monthly basis, you may cancel your subscription at any time after the end of the first year by providing us with at least 1 day’ notice prior to the expiry of the applicable month by emailing us at info@helloscheduler.com. If you have elected to subscribe on an annual basis, you may cancel your subscription on any anniversary of the Start Date by providing us with at least 30 days’ notice prior to the applicable anniversary of the Start Date by emailing us at info@Hello Scheduler.com, otherwise the subscription will automatically roll over for an additional subscription period equal to the original term (monthly or yearly).
Your subscription, including the payment of any Fees (monthly or annually, as applicable), will continue until canceled by you as described above, or alternatively until terminated by us as described in clause 6 below.
The price of the Fees is as quoted on our website or otherwise quoted in a custom contract. We reserve the right to change the price of the Fees at any time. If you do not accept the new Fees, you may cancel your subscription.
Any additional services required by the enterprise client will be billed at the hourly rate of $135.
Fees paid are non-refundable. Unless account is cancelled online, or by written request all fees paid before cancellation date are non refundable.
10.If you close an account before the next billing cycle, you will get a credit to your account, but there are no cash refunds.
If a monthly plan is cancelled mid month, you will receive a credit on your account for future services, and will not be billed into the future. However, there is no refund for partial month.
12.If a yearly plan is cancelled mid year, you will receive a credit on your account for future services, and will not be billed into the future. However, there is no refund for partial year.
13.All sales are final, no cash refunds are granted for any reason.

Termination

We may, in our sole discretion, terminate your password, Account (or any part thereof), use of the Hello Scheduler Services or access to the Hello Scheduler Services by you, your Developer and/or any End Users without notice if you (or they) are in breach of these Terms or if we believe in our absolute discretion that your (or their) use of the Hello Scheduler Services or access to the Hello Scheduler Services is unsuitable in any way.
Upon termination by us for any reason referred to above all rights granted to you under these Terms shall cease and you must immediately cease all use of the Hello Scheduler Services and access to the Hello Scheduler Services.

Intellectual Property Rights

All intellectual property rights in or relating to the Hello Scheduler Services (including text, graphics, audiovisual content, trade marks, logos, layout, structure and software) are owned by us or our licensors. You agree that you will not reproduce, distribute, copy or publicly display any content which is not your own content, except to the extent required for your use of the Hello Scheduler Services in accordance with these Terms.
Hello Scheduler’s name, logo, trademarks and other branding are valuable assets (Brand Assets). Any use by you of the Brand Assets must be made in accordance with our branding guidelines published on our website] and all goodwill in such use will inure to the benefit of Hello Scheduler.
In respect of your Solutions and any technology you use in connection with the Hello SchedulerAPI and content you, Developer Clients or End Users upload to the Hello SchedulerServices (your IP), you grant us (and shall procure that your licensors, Developer Clients and End Users grant us) permission (a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable licence) to use your IP in connection with the operation of the Hello SchedulerServices.
You represent and warrant that you have all rights, power and authority necessary to grant the license under clause 7.3, and that all your IP: (a) complies with all applicable laws and regulations; and (b) does not infringe the rights of any third party. You acknowledge and agree that you are liable for all of your IP, in whatever form.
Where the Hello SchedulerServices contain links to third party websites and/or resources, these links are provided for your information only. We have no control over the contents of those external websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Separated Data

The majority of Hello Scheduler Service’s data resides in 1 server that is shared amongst all Hello Scheduler clients. These servers are backed up daily, and are segmented as to prevent sharing any data.
Hello Scheduler offers an alternative for the most restrictive use cases… allowing larger organizations to have their own and separated server which would only house their Hello Scheduler data. This is an option for companies of all sizes, and does have an additional cost associated. The new server could have restricted access by only Hello Scheduler Customer’s team, thereby fully securing any data that was shared via our UI.
Storing data in regional servers, Hello Scheduler does offer enterprise clients the ability to store their account data in their required data center in which Azure functions, including Canada, European countries, Australia, Asian Countries and many more. Azure locations may be found on their website https://azure.microsoft.com/en-us/global-infrastructure/locations/

Service Levels

We endeavour to provide the Hello Scheduler Services, including access to them via our Hello Scheduler User Interface or API, in accordance with the service levels set out in our SLA. If we fail to attain the requisite Monthly Uptime Percentage as provided for in the SLA, we wil pay Service Credits to you in accordance with the SLA.
Any Service Credits payable by us to you are subject to the exclusions and limitations listed in the SLA.
You understand and agree (and shall procure that Developer Clients and End Users understand and agree) that the Hello Scheduler Services are not intended to support or carry emergency or time-critical emails or communications to any providers of emergency services, and Hello Scheduler accepts no liability in respect of such emergency communications.

Our Liability

Without prejudice to clause 8, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your:
1. use of, or inability to use, the Hello Scheduler Services;
2. access to, or inability to access, the Hello Scheduler Services; or
3. use of or reliance on any content displayed on or via the Hello Scheduler Services.

Subject to clause 9.3, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen. In any event, our liability to you shall not exceed one hundred USD ($100).
Our liability in respect of matters governed by the SLA (including failure to attain the requisite Monthly Uptime Percentage) shall be limited to Service Credits under the SLA.
To the extent permissible by law, you and we exclude all terms, whether imposed by statute or otherwise, that are not expressly stated in these Terms.
We will not be liable to you for any failure or delay in performing any obligation under these Terms where such failure or delay arises from any cause beyond our reasonable control.
We will not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We recommend and advise that you maintain (and procure that Users and End Users maintain) adequate back-up copies of any content uploaded to the Hello SchedulerServices and exercise caution in uploading content of a confidential nature.
Nothing in these Terms shall exclude any liability for death or personal injury caused by our negligence, liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded under applicable law.

Indemnity

You agree to indemnify us against all losses, liabilities, damages, costs and expenses and all claims, actions, suits or proceedings arising out of:
any misrepresentation, act or omission made by you in connection with your use of the Hello Scheduler Services;
any non-compliance with these Terms; and
any claims brought by third parties arising from or in connection with your use of the Hello Scheduler Services.

General

These Terms are non-exclusive, and you acknowledge that Hello Scheduler may develop products or services that compete with your Solutions.
We may assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. We may only do this if it does not affect your rights under these Terms. You may not assign, sub-contract and/or otherwise transfer your rights or obligations under these Terms to anyone else except with our written consent.
If any of these Terms, including any part of any term, is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms or the relevant part thereof shall remain in full force and effect.
No failure or delay by us to exercise or enforce any right or provision in these Terms will constitute a waiver of such right or provision.
Hello Scheduler shall not be in breach of these Terms, nor shall we be liable for delay in performing, or failure to perform, any of our obligations under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
Except as expressly stated in these Terms, nothing in these Terms is intended to confer any rights, remedies or benefits upon any person other than you and us.
These Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
Subject to clause 9.7, you confirm that you have not been induced to enter into a contract on these Terms by any prior representations, whether written or oral, except as specifically reproduced in these Terms and you hereby waive any claim for breach of any such representations which are not specifically reproduced in these Terms.
In these Terms the use of the word “including” shall not limit any preceding category.
10.These Terms are governed by and interpreted in accordance with the laws of Queensland, Australia. If we or you choose to bring proceedings in connection with these Terms, we or you must do so in the courts of Australia.

Company and Contact Information

Company Name: Kylie Malcolm Content & Design
Located in: Queensland, Australia
Email: info@helloscheduler.com