BookMyMinutesset. consult. earn.
Effective Date: 02/Sep/2024
Welcome to Bookmyminutes ("Platform"), operated by Swingbell Labs ("we," "our," "us"). These Terms and Conditions ("Terms") govern your access to and use of our platform. By accessing or using our Platform, you ("User," "you," "your") agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Platform.
Users: Individuals or professionals — including but not limited to consultants, CAs, lawyers, coaches, mentors, doctors, or authorized representatives — who access and use the Platform to create and manage structured, paid sessions
Third-Party Services: Services provided by external entities, including but not limited to Amazon Web Services (AWS) and any AI tools integrated into the Platform.
Data Principal: The individual to whom the client data pertains (i.e., the client).
By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all Users of the Platform.
We provide a digital platform that enables professionals to securely collect, manage, and maintain client information related to their services. The platform may also integrate third-party AI tools designed to help summarize client inputs or consultation details efficiently
Users agree to:
5.1 To ensure compliance with legal and regulatory requirements, our Platform utilizes Aadhaar-based Know Your Customer (KYC) verification to confirm the identity of users and professions. Users are required to undergo this verification process as part of their registration. The verification involves providing Aadhaar details to establish identity, and users must comply with this requirement to access the Platform.
5.2 Our Platform also integrates with third-party tools for – (a) Performing Aadhaar-based KYC verification; (b) Verifying contact information, including mobile numbers and email addresses, and tracking location data for verification purposes.
5.3 By using the Platform, you agree to the use of these third-party tools for the specified purposes. You are responsible for ensuring that the information provided is accurate and up-to-date. Failure to complete the KYC process or provide accurate information may result in restricted access to the Platform.
6.1 Subscription Model: We offer a subscription-based model available on a monthly or annual basis. The subscription fees for the Services could be paid online through the facility made on the Website. Third parties support and services are required to process online fee payment. Swingbell Labs is not responsible for any loss or damage caused to User/ Third-Party Service Providers during this process as these third parties are beyond the control of Swingbell Labs.
6.2 Changes to Fees and Payment Model: We reserve the right to modify the subscription fees or change the payment model at any time. Any such changes will be communicated to users at least 15 days in advance through email or notification on the platform. Users will have the option to accept the new fees or discontinue their subscription in accordance with the refund policy stated herein.
6.3 Refunds: All actions delivered and charged are non-refundable, except under the conditions outlined in our Refund Policy. By agreeing to our Terms & Conditions, you acknowledge that you have read, understood, and accepted the Refund Policy. Refunds will only be issued under the following exceptions:
Users are strongly encouraged to read and familiarize themselves with the full Refund Policy for detailed terms and conditions related to refunds.
6.4 Data Export and Discontinuation: Users may export their data if they choose to discontinue using our platform. Refunds, if any, will be subject to the terms outlined in this clause and our separate refund policy.
6.5 Third-Party Payment Gateway: All payments are processed through a third-party payment gateway. By using the platform, users agree to abide by the terms and conditions of the payment gateway provider. We are not responsible for any errors, delays, or issues arising from the payment gateway's services.
6.6 Refund Procedure: To request a refund, users must contact customer support via request Refund button on the platform within the applicable period. The refund request should include the transaction details and the reason for the request. All refund requests will be reviewed and, if eligible, processed within 15 days.
6.7 Changes to Refund Policy: We reserve the right to modify the refund policy at any time. Any changes will be communicated to users through email or platform notifications and will be effective immediately upon such notification. Users are encouraged to review the refund policy periodically to stay informed of any updates.
Our Platform utilizes third-party services, including but not limited to AWS for data storage and various AI tools for data processing. By using our Platform, you acknowledge and agree that:
We may collaborate with organizations, service providers, agencies, or professional associations (“Partners”) to onboard qualified professionals onto our Platform. In such cases:
Users agree to comply with all applicable laws, regulations, and guidelines, including those related to data protection and privacy. This includes adherence to the Data Management Policy, HIP/HIU guidelines, Data Privacy Policy, and Data Security Policy of the National Health Authority.
13.1 The Platform is provided on an "as-is" and "as-available" basis. We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
13.2 The services may be used to access and transfer information over the internet and to link to third party web sites. The User acknowledges and agrees Swingbell Labs does not operate or control the internet or the third party web sites and: (i) viruses, worms, trojan horses, or other undesirable data or software; or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to and damage User's data, web sites, computers, or networks. Swingbell Labs shall not be responsible for such activities. Swingbell Labs does not and cannot control the flow of data to or Swingbell Labs's network and other portions of the internet, or the availability of or access to third party web sites. Such flow depends in large part on the performance of internet services provided or controlled by third parties. The actions or inactions of third parties can impair or disrupt the user's connections to the internet, access to third party web sites or portions the internet or web sites, and the transmission of data. Although Swingbell Labs will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, Swingbell Labs cannot guarantee that such events will not occur. Accordingly, Swingbell Labs disclaims any and all liability resulting from or relating to such events.
Users agree to indemnify, defend, and hold harmless Swingbell Labs, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with:(a) the User's use of the Services in excess of the rights granted in this Agreement; (b) the User's material breach of this Agreement; (c) the User's purchase, selection, recommendation or use of any Third Party Service, or use of Third Party Services resulting from use of Platform's Services; and/or (d) User's violation of any rights of a third party, including Data Principals.
15.1 Swingbell Labs shall not be liable for any direct, special, indirect, incidental, consequential, punitive, or other damages, including loss of profits, business interruption, personal injury, property damage, or loss of data or goodwill, whether in contract, tort (including negligence), or otherwise, even if the Swingbell Labs was aware or should have been aware of the possibility of such damages. The Company is also not liable for any damages related to third-party services or data.
15.2 In no event shall the Swingbell Labs's total cumulative liability for all damages, losses, and causes of action relating to this agreement exceed the amount of the license fees paid by the User during the preceding term.
15.3 Users acknowledge that they are solely responsible for their reliance on and use of third-party data and agree to hold the Swingbell Labs harmless from any liability or damages arising from such use. This limitation of liability applies regardless of the form of legal action and remains effective even if an exclusive remedy fails.
16.1 We reserve the right to terminate or suspend your access to the Platform, without prior notice or liability, for any reason, including but not limited to breach of these Terms.
16.2 Upon termination, your right to use the Platform will immediately cease.
16.3 In the event of termination, you will have a period of 15 days to export or migrate your data from the Platform. After this period, we reserve the right to delete or disable access to your data. We recommend that you take appropriate action to ensure the preservation of your data within this timeframe.
17.1 If Swingbell Labs undergoes a merger, acquisition, or sale of all or a substantial portion of its assets, your rights under these Terms will automatically transfer to the new entity. In the event of such a transition, you will be informed of any significant changes.
17.2 If Swingbell Labs undergoes a merger, acquisition, or sale involving an international entity, your rights under these Terms will transfer to the new entity, which will be bound by similar terms and obligations. We will notify you of any significant changes resulting from such transitions. We will also address any differences in legal or operational standards to ensure service continuity. If applicable, we will manage any additional regulatory requirements to facilitate a smooth transition.
17.3 If Swingbell Labs ceases operations, services provided under these Terms may be discontinued, and reasonable efforts will be made to fulfill any remaining obligations. Users will be given notice and options to manage their data and account.
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Bengaluru, Karnataka, India.
We may revise these Terms from time to time. The most current version will always be available on our Platform. By continuing to access or use the Platform after revisions become effective, you agree to be bound by the updated Terms.
Each Party hereto is an independent contractor and nothing contained herein shall be construed to create a partnership, joint venture or agency relationship between Swingbell Labs and the User, nor shall either Party be authorized to bind the other in any way.
If any provision of this Agreement is held to be invalid or unenforceable for any reason, such provision shall be conformed to prevailing law rather than voided, if possible, in order to achieve the intent of the parties and, in any event, the remaining provisions of this Agreement shall remain in full force and effect and shall be binding upon the parties hereto. The captions of this Agreement are solely for reference and have no legal effect whatsoever and shall not in any way affect the interpretation or construction of this Agreement.
Neither Party shall be liable for damage due to any cause beyond its control, including, without limitation, acts of God, acts of civil or military authority, labor disputes, failure or delay of suppliers or systems, including communications and power systems, fire, sabotage, war, embargo or acts or omissions of the other Party caused by any of such events.
The User shall comply with all applicable laws and regulations, including, but not limited to, those laws and regulations governing its use of the Services. Swingbell Labs shall use reasonable efforts to comply with applicable laws and regulations in its performance of this Agreement and the provision of the Services.