Clients Terms & Conditions...

Set out below are the terms and conditions (“Conditions”) which are applicable to your use of our appointment service (“Service”) which allows you to book and attend appointments on line with your service provider who subscribes to the Service (“Subscriber”). Our website at www.appointmentrooms.com (“Website”) describes the Service in more detail. Please read these terms and conditions carefully before you use our Service. By clicking the “Accept” button you agree to be bound by these Conditions. As we may amend these Conditions from time to time we recommend that you check them each time you make an appointment.

These Conditions contain the following sections:

These Conditions apply to any use by you of the Service. When a contract is entered into on these Conditions, the parties will be:

(a) us, Susan Wright, trading as appointmentrooms.com, also referred to as "we" and "us", (all of these expressions include any person to whom we have assigned our rights under these Conditions and, where the context permits, any other person acting on our behalf); and

(b) you, also referred to as “the Client”

Eligibility for Services

1.1 Our Services are eligible only to individuals who can form legally binding contracts under English law. Without limiting the foregoing, our Services are not available to minors, and you must be over 18 years of age to enter into a contract with us. If you do not qualify, please do not use our Service.
1.2 In the event that we discover you are not eligible to enter into a contract with us, we reserve the right to withdraw our Service from you.

2. Approval Process & Acceptance of Conditions

2.1 You have provided information required by us as a Client of a Subscriber to our Service. Once you accept these Conditions in the manner indicated by the Website, your acceptance will constitute:

2.1.1 an offer by you to contract on the terms of these Conditions; and
2.1.2 your agreement that data provided by you pursuant to these Conditions may be used in accordance with Condition 9 (Data Protection); and
2.1.3 a representation by you that no information provided or to be provided by you in connection with the approval process or use of the Service will infringe any law.

2.2 You agree that your access to the Service is entirely at our absolute discretion. We shall be entitled to take such time as we require to satisfy ourselves (or otherwise) that you are a Client of a Subscriber and may also review the position subsequently, terminating your access for any reason in our absolute discretion. Any refund shall be paid in accordance with Condition 7.2.

3. Access to and use of the Service

3.1 You will have been sent access codes that will allow you to make use of the Service (“Access Codes”). You must keep these codes confidential and not disclose them to anyone. We shall not have any liability to you for any misuse of the Access Codes except to the extent that we are at fault.
3.2 When your payment is accepted, we grant you a non-exclusive, non-transferable licence to use the Service for the appointment to which your payment relates. The use of any communication between you and the Subscriber made available through the Service (‘Materials’) is governed by the agreement between you and the Subscriber that has contributed to the Materials.
3.3 We will try to make the Service available but cannot guarantee that the Service will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of the Service and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any information system, server, web site, router or any other internet connected device.
3.4 The Service is solely an appointment booking and communication service. We have no responsibility to any person for any purpose for which our Service is used or for the persons supplying any service using our Service.
3.5 We are not responsible for the accuracy of any appointment information or the availability of the Subscriber. Any failure by the Subscriber to keep an appointment is a matter for you and the Subsciber and we have no liability to you for any missed appointment unless we are at fault.
3.6 You shall indemnify us and keep us indemnified against any loss, damages, cost and expenses suffered by us and arising out of any action, claim or proceedings against us by a Subscriber as a result of your failure to keep an appointment unless such failure is attributable to the Service.
3.7 You may not allow any other person to use the Service other than in accordance with the terms and conditions of this Agreement.
3.8 Your right to cancel an appointment and to any refund is entirely a matter between you and the Subscriber unless we are at fault.
3.9 We reserve the right to alter, suspend or discontinue any aspect of the Service, including your access to it. Unless explicitly stated any new features will be subject to these terms and conditions.

4. Liability

4.1 We warrant that we will provide the Service with reasonable skill and care.
4.2 The following provisions set out our entire liability to you for our Service whether for breach of contract, tort (such as but not only, negligence) or breach of statutory duty. Nothing in these Conditions shall limit our liability for fraud or for death or personal injury resulting from our negligence.
4.3 Notwithstanding any other provision of the Conditions, we shall have no liability to any person in respect of any loss, damage, costs, claims and proceedings and expenses (including without limitation, legal expenses) whatsoever awarded against or incurred or paid by you in connection with:

4.3.2 the Website, or any part of it, containing false, misleading or illegal information or material which is obscene, defamatory, threatening, infringes any intellectual property rights or other right of others and/or damages any hardware or software;
4.3.3 any virus, bug or other interference or access to the Website and/or any information system (or any information technology system linked to it) by unauthorised persons (howsoever arising, including by virtue of our negligence) preventing or affecting the operation of all or any part of the Website or the security arrangements in connection with the Website or the failure to correct any defect in connection with the Website;
4.3.4 any person accessing any information including (without limitation) financial, banking and other payment details of any Client PROVIDED THAT we have taken reasonable steps to have in place security arrangements so as to prevent such access; and
4.3.5 any failure by you to make any appointment.

4.4 Our aggregate liability to you shall not exceed the Appointment Fee for the appointment giving rise to or connected with the liability.
4.5 In no circumstances shall we, our employees, our agents or any other person acting on our behalf be liable for any indirect, incidental or consequential loss.
4.6 Without prejudice to the generality of the foregoing provisions, the Service is provided without warranty of any kind, either express or implied, including (without limitation) any warranty as to the information supplied or any decisions made through using the Service.
4.7 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Service and is compatible with our Website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from the Service will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
4.8 Nothing in this Agreement shall affect your non excludable statutory rights.

5. Your Obligations & Rights

5.1 You shall be responsible for complying with all laws in England and Wales.
5.2 You shall:

5.2.1 not use any device, software or routine to knowingly or intentionally interfere with the proper working of the Website or the Service or cause any virus, bug or other interference to be introduced into the Website or any information system;
5.2.2 ensure that no information provided by you or on your behalf is obscene, defamatory or threatening or breaches any intellectual property rights or other rights of others and/or damages any of our hardware or software or any hardware or software of third parties; and
5.2.3 not knowingly or intentionally undertake any action which either disrupts the Website or imposes an unreasonable or disproportionately large load on the Website’s infrastructure.

5.3 You will meet all costs incurred by you in connection with your use of the Service.

6. Payment

6.1 You agree to pay the appointment fee as identified on the Website (“Appointment Fee”). Procedures for payment are displayed on the Website.
6.2 The Appointment Fee is collected by us on behalf of the Subscriber. Our fees for use of the Service are paid by the Subscriber.
6.3 If any refund is payable to you by us, we shall pay such refund using the method of payment used by you.

7. Suspension & Termination

7.1 Without prejudice to any other remedies which may exist, if you fail to comply with any of the Conditions, we may suspend your access to the Service and/or terminate this agreement. If we have reason to believe that you are in breach of any of these Conditions we may suspend your use of the Service.
7.2 If we deny you access to an appointment and you are not in breach of these Conditions we shall refund your Appointment Fee in full.

8. Assignment, Sub-Contracting & Intellectual Property

8.1 You shall not assign or transfer or purport to assign or transfer to any other person any rights under these Conditions, without our prior approval in writing.
8.2 We shall be entitled to assign rights under these Conditions without your prior approval and may sub-contract the whole or any part of our obligations under these Conditions without any such approval.
8.3 You acknowledge that (other than in respect of information provided by you) the intellectual property rights in and to the Website and any rights to information, documentation, images and other material of whatsoever nature displayed on the Website are our absolute property and/or the property of third parties contracting with us and you shall assert no right, title or interest in or to any such matter.
8.4 The provisions of this Condition 8 shall survive expiry or termination howsoever arising.

9. Data Protection & Privacy

9.1 We shall take reasonable steps to protect the information collected from you and use such information only for the purpose for which it was provided. Please note that by accessing the Service you consent to the use of that information as set out in this Agreement.
9.2 For the purpose stated in Clause 9.1, the information may be stored and processed by us or our subcontractors.
9.3 We do not monitor the information flowing between you and the Subscriber when using the Service all such information is not stored permanently and is deleted within 24 hours of being uploaded to our Website.
9.4 We shall comply at all times with the laws of England and Wales governing the protection of personal data.
9.5 We are committed to protecting your privacy but we cannot guarantee the security of information disclosed by you online since the internet is not a secure medium, and you must assume the entire risk for using the Service. Please therefore be careful and responsible when maintaining the secrecy of any password and/or account information online.
9.6 All information submitted by you, including your credit card details, your address and your email address, is automatically encrypted using the Secure Socket Layer (SSL) protocol, the industry standard for the transfer of sensitive data on the internet.
9.7 If our business is sold or integrated into another business, your details may be disclosed to our prospective purchaser’s advisers and subsequently to the new owners only for the purposes of maintaining the supply of the Service.

10. Confidentiality

10.1 We shall take all reasonable steps to keep confidential any and all information supplied by you in the use of the Service. The Information shall not include:

10.1.1 information which is or becomes available in the public domain;
10.1.2 information which we can establish was at our free disposal prior to its receipt under or in connection with this Agreement; or
10.1.3 information at any time received by us from third party not apparently bound (after enquiry) by any obligation of confidence.

11. Exclusion of Contracts(rights of third parties) act

11.1 A person who is not party to the contract entered into on the terms of these Conditions is not intended to have enforceable rights under such contract.

12. Notices

12.1 Any notices to be sent to either party shall be sent by email to:

12.1.1 us at the following email address; and
12.1.2 you at the email address specified in our records for you for the time being.

12.2 Notice sent by email shall be deemed to be received twenty four (24) hours after sending unless the sender has by then received notification that the email was not received in circumstances where the sender’s information systems generally issue such notifications and were fully operational for all material purposes at the relevant time.

13. Waiver

13.1 No indulgence shown by either party to the other shall prevent that party subsequently insisting upon its rights and remedies under these Conditions.

14. Linked Internet Sites

14.1 The Website may contain links to other sites. Please be aware that if you follow these links, other sites may have different terms and conditions.
14.2 We are not responsible for the content or services available on any other internet site linked to or accessed via this Website or for the terms and conditions of these sites.

15. General

15.1 These Conditions shall be construed and governed in all respects in accordance with the laws of England and Wales and any dispute or differences in relation to these Conditions shall be subject to the exclusive jurisdiction of the English Courts.
15.2 The headings in the Conditions are for convenience only and shall not affect their interpretation.
15.3 Where the context so admits, words importing a singular number only shall include the plural and vice versa, and words importing one gender shall include the other genders.
15.4 If any provision of these Conditions is held to be invalid, void and/or unenforceable, such provision or part shall not affect, and shall be deemed to be severed from, the remainder of these Conditions to the extent that the remainder shall be or continue to be fully valid and enforceable.
15.5 These Conditions constitute the entire agreement between the parties with respect to the subject matter covered by them and supersede and extinguish any representations and understandings previously given or made other than those set out in these Conditions or made fraudulently.