Terms & Conditions
The following Terms of Use (this “Agreement”) govern and regulate your access to and use of www.scheduleDown.com and all affiliated websites owned and operated by ScheduleDown (as defined in the subsequent paragraph), including all subdomains, subdirectories, mobile sites, and mobile applications thereof (collectively, the “ScheduleDown Website”). This Agreement is made between ScheduleDown and you, whether you are an End User or a Partner (as defined in Section 1 of this Agreement). In this Agreement, if you are located within the European Economic Area, “we” and “ScheduleDown” means ScheduleDown.com SV Ltd., a company incorporated under the Registrar of Companies of England and Wales with registered office address in 71-75 Shelton Street, London, Greater London, WC2H 9JQ, United Kingdom. For Consumers located outside of the European Economic Area, “we” and “ScheduleDown” means Surge Ventures USA, Inc., a Delaware C Corporation. If you are an End User, your use of the ScheduleDown Website is also governed by the ScheduleDown Bookings Terms of Use. If you are a Partner, your use of the ScheduleDown Website is also governed by the ScheduleDown Partner Terms of Use. In order to use the ScheduleDown Website, you must agree to these Terms of Use. They contain many legal disclosures that you should read carefully, including terms that specify permissible uses of the ScheduleDown Website. By accessing the ScheduleDown Website, you agree that you are authorized to accept the terms set forth below on behalf of yourself and agree to these Terms of Use, our Privacy Policy, the ScheduleDown Booking Terms and Conditions, and any additional policies publicly available on the ScheduleDown Website. If you do not agree to be subject to these Terms of Use, your sole recourse is not to use the ScheduleDown Website. By continuing to use the ScheduleDown Website, you agree to be bound by this Agreement.
Definitions
Terms in the preamble and elsewhere in this document have their assigned meanings, and each of the following terms has the meaning assigned to it. Consumer or End User means a user of the ScheduleDown Website other than Partners; i.e., consumers whose intention is to discover Partners and book appointments through the ScheduleDown Website. Partner means a service provider using the ScheduleDown Website, and whose business is listed on the ScheduleDown Website.
Description of the ScheduleDown Website
We provide the ScheduleDown Website to make it easy for Consumers to book beauty services online with our participating Partners through the ScheduleDown Website. The ScheduleDown Website includes a consolidated list of Partners, which you may browse and book through the ScheduleDown Website. The ScheduleDown Website also provides notifications, alerts, and confirmations.
Availability of the ScheduleDown Website
You acknowledge that there may be interruptions in the delivery of the ScheduleDown Website that are beyond our control. While we use reasonable efforts to keep the ScheduleDown Website accessible, the ScheduleDown Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, access to the ScheduleDown Website may be interrupted, suspended, or terminated. ScheduleDown retains the right at our sole discretion to deny access to the ScheduleDown Website to any End User or Partner, at any time and for any reason. ScheduleDown is not required to disclose the reason for denial of access to the ScheduleDown Website to any party.
Operation of the ScheduleDown Website
We reserve complete and sole discretion with respect to the operation of the ScheduleDown Website. We may, among other things:
Ownership
Your access to the ScheduleDown Website is not available for sale to any third parties. The content and information available on the ScheduleDown Website, as well as the infrastructure used by the ScheduleDown Website, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of ScheduleDown. Except as explicitly provided herein, nothing in these Terms of Use shall be deemed to create a license in or under any such intellectual property rights, and you agree not to modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software, products, or services obtained from or through the ScheduleDown Website.
ScheduleDown Code of Conduct
All interactions with the ScheduleDown Website must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of the ScheduleDown Website, we may limit your privileges on the ScheduleDown Website and seek other remedies. Please do not engage in the following activities, as they are prohibited on the ScheduleDown Website and constitute express violations of the Agreement:
ScheduleDown Account
If you create an account for the ScheduleDown Website, you may only create and hold one (1) account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined, or otherwise shared with any other Consumer or Partner. If you violate any of these limitations, we may terminate your account. If we terminate your account, you may not re-enroll or join under a new account unless if we formally invite you to do so. If you commit fraud or falsify information in connection with your use of the ScheduleDown Website or in connection with your account on the ScheduleDown Website, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages caused by your conduct.
By creating an End User account, you expressly consent and agree to accept and receive communications from us, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to us. By consenting to being contacted by ScheduleDown, you understand and agree that you may receive automated SMS or MMS messages or communications generated by automatic telephone dialing systems and/or communications containing prerecorded messages sent by or on behalf of ScheduleDown, or its Partners, including appointment confirmations or notifications, communications concerning your End User account, updates concerning new and existing features, communications concerning promotions run by us or our Partners, and news concerning ScheduleDown and industry developments. IF YOU WISH TO OPT-OUT OF EMAIL, TEXT, OR OTHER COMMUNICATIONS, PLEASE CONTACT US DIRECTLY AT hello@scheduleDown.com. However, you acknowledge that opting out of texts may lead to missed appointment notifications or other important updates, and in general, impact your use of the ScheduleDown Website.