TimeShedule Application (www.timeschedule.online) and any related products or services (collectively, the “Application”, “Software” or “Service”) is owned and operated by BM Tec Pty Ltd (further referred as “BMTec”, “we”, “our” and “us”).
By accessing or using the Service, or by clicking “I Agree,” or otherwise affirming your intent to be bound by this Agreement, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”) and to the collection and use of your information as set forth in the our Privacy Policy, whether or not you are a registered user of our Service.
This Agreement applies to all visitors, users, and others who access the Service, whether on behalf of a company or on their own individual behalf (“Users”, “You”).
If the company you represent, or you, does not agree to this Agreement, do not use the Service.
The terms of this Agreement commence on the date You accept it by Your use (or continued use) of the Service and continues until all subscriptions granted in accordance with this Agreement have expired or been terminated. If You elect to use the Service for a free trial period and do not purchase a subscription before the end of that period, this Agreement will terminate at the end of the free trial period.
For the term of the Agreement, BMTec grants to You a limited, non-transferable, non-exclusive right to access and use its proprietary, commercially available, hosted software products and related documentation via a web browser for Your internal business use. The Software is made available to You as a hosted service. BMTec hosts and retains physical control over the Software and only makes it available for access, and use by You over the Internet through a web browser. Nothing in this Agreement obligates BMTec to deliver or make available any copies of computer programs or code from the Software to You, whether in object code or source code form. You agree that You and all of Your Users will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations.
You are responsible for all activities that occur in connection with Your subscription (including, without limitation, activities of all Users associated with Your subscription). You shall be responsible for payment of any service fees, text messaging fees, and any other third party fees or expenses, associated or incurred in connection with, the access or use of the Service by You and/or Your Users. You acknowledge that You are solely responsible for the content of any information that You make available through the Service and that BMTec will not, except as otherwise expressly herein set forth, monitor Your or Your Users’ use of the Service to examine the content passing through it.
You agree not to use the Services for or in connection with any of the following activities:
Except for your User Content, the Service and all associated materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other, and all Intellectual Property Rights related thereto, are the exclusive property of BMTec and its licensors. Use of the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
Although BMTec endeavours to ensure the Service is available at all times, there may be occasions when interruption to the Service may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree that BMTec shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Service.
To subscribe the Service, You shall provide to BMTec valid credit card details. By providing your credit card details, you hereby authorise BMTec to bill such credit card for the Subscription Fees on the First Day in respect of the First Subscription Month and same day of each subsequent month in respect of the subsequent Renewal Periods until such day when you notify us of your decision to stop the subscription of the Service. You will receive a receipt via email every time Your card has been charged.
If BMTec has not received your payment within 30 days after the due date, Your access to the Service may be suspended and You will need to update Your card information in order to resume the use of the Service.
If You choose to increase the number of authorized Users during Your subscription term or otherwise upgrade Your Service plan (an “Upgrade”), any incremental subscription fees will be prorated over the remaining period of Your subscription term and shall be due and payable at the time of the implementation of the Upgrade.
If you go over the maximum allowed number of SMS messages sent per subscription period as outlined in your selected pricing plan Your credit card will be charged at a rate of $0.10 per additional SMS.
You may cancel subscription at any time by emailing BMTec to support@bmtec.com.au. There will be no refunds or credits for partial month of service, downgrade, or unused days with an open account. You are responsible for providing a notice of cancellation. You will be held liable for payment of any unpaid period for which the system was available to you without such notification and for which payment has not been made.
BMTec’s pricing is set forth at https://www.timeschedule.online/home/pricing/. BMTec may at any time, upon notice required by applicable law, change the price of Your subscription or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during Your subscription period will come into effect for any subsequent subscription periods and to all new subscribers after the effective date of the change. If You do not agree to any such price changes then You must cancel Your subscription and stop using the Service prior to the commencement of the renewal subscription period for which the price change applies.
We offer a free trial and the subsequent 30 Day Money Back Guarantee. If you are less than satisfied with the service we offer in the first 30 days for any reason, you can cancel and receive a full refund of your subscription fee.
At any time, to comply with legal requirements and for other reasons, this Agreement may be revised or modified. If we make a change to this privacy policy that we believe materially reduces your rights, we will provide you with notice by email. Continued use of the Service after any such changes shall constitute Your consent to such changes. Unless explicitly stated otherwise, any new feature that enhances or augments the current Service shall be subject to this Agreement.
For full details of the type of information we collect, how we use it and under what circumstances we disclose information, please read our privacy policy which is hereby incorporated into and forms part of these Terms of Service Agreement.
TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, BMTEC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE, SERVICE, DOCUMENTATION, AND OTHER MATERIALS AND/OR SERVICES. BMTEC DOES NOT WARRANT THAT OPERATION OF THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, MALWARE, TROJAN HORSES, TIME BOMBS OR OTHER HARMFUL SOFTWARE, AND NO INFORMATION OBTAINED BY YOU FROM BMTEC OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
You agree to indemnify and keep fully and effectively indemnified and hold BMTec, its officers, directors, employees, affiliates, suppliers and any of our third party information service providers harmless from and against any and all liabilities, claims, demands, obligations, losses, expenses, damages, penalties, actions, judgements, suits and costs of any kind or nature whatsoever (including legal costs) arising from or in any way related to Your use of the Software or Service.
This Terms of Service Conditions shall be governed by and construed according to the law of the State of Victoria, Australia. Any use of the Software in violation of copyright law, intellectual property law or the terms of this agreement will be prosecuted to the full extent of the law.