Terms and Conditions

1. Acceptance of Terms

By accessing and using Resvly (the "Platform"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our Platform.

2. Platform Description

Resvly is a SaaS booking platform that connects service providers ("Providers") with customers ("Users") for appointment scheduling and service bookings.

3. User Conduct and Responsibilities

Age Requirement

You must be at least 16 years of age to create an account or use Resvly. If you are between 13 and 15 years of age, you may only use the Platform with the verifiable consent of a parent or legal guardian. We do not knowingly collect personal information from children under 13. If we become aware that a user under 13 has provided personal information, we will delete it promptly.

All Users Must:

• Provide accurate and truthful information during registration
• Maintain the confidentiality of account credentials
• Use the Platform in good faith and for legitimate business purposes
• Respect the intellectual property rights of Resvly and other users
• Comply with all applicable local, national, and international laws

Prohibited Activities:

• Unnecessarily canceling and rebooking appointments to manipulate availability or harm providers
• Creating fake accounts or providing false information
• Engaging in harassment, abuse, or discriminatory behavior
• Attempting to bypass security measures or exploit system vulnerabilities
• Using automated tools to scrape, extract, or harvest user data
• Engaging in any malicious activities intended to harm Resvly or its users

4. Provider-Specific Terms

Content and Image Guidelines:

• All uploaded images must be appropriate, professional, and relevant to your business
• Images must not contain adult content, violence, illegal activities, or offensive material
• You must own or have proper licenses for all uploaded content
• Business descriptions and information must be accurate and not misleading

Service Delivery:

• Providers must honor confirmed appointments unless unforeseen circumstances arise
• Reasonable notice must be given for any necessary cancellations
• Services must be provided as described in your business profile
• Professional standards and customer service excellence are expected

Payment Processing (Stripe Connect):

• Providers may optionally connect their Stripe account to enable online payment collection
• Stripe Connect is a third-party payment processor subject to Stripe's Terms of Service
• Providers are solely responsible for managing their Stripe account, including KYC verification, payout settings, and tax compliance
• Payment transactions occur directly between the customer and the provider through Stripe
• Resvly acts only as a facilitator and does not hold, process, or manage funds
• Providers must comply with all applicable payment processing regulations and laws

5. Payment Responsibility and Financial Transactions

Platform Role:

Resvly is a booking and scheduling platform that facilitates connections between providers and customers. We do not process, hold, or manage any financial transactions directly. All payments are processed through third-party payment processors (such as Stripe Connect) directly between the customer and provider.

No Payment Liability:

• Resvly is not responsible for any non-payment, delayed payment, incorrect payment, payment disputes, or chargebacks between customers and providers
• Providers are solely responsible for collecting payment for their services, whether online through payment processors or offline in-person
• Customers are responsible for ensuring payment is made according to the provider's stated terms
• Any disputes regarding pricing, payment amounts, refunds, or service charges must be resolved directly between the customer and provider
• Resvly does not guarantee that providers will be paid for services rendered
• Resvly does not guarantee that customers will receive refunds or that services will be delivered as promised

Third-Party Payment Processors:

• Payment processing is handled by third-party providers (including but not limited to Stripe) subject to their own terms of service
• Users must comply with the payment processor's terms, policies, and applicable regulations
• Resvly is not liable for issues arising from payment processor errors, downtime, security breaches, or policy changes
• Payment processing fees, transaction fees, and payout schedules are determined by the payment processor, not Resvly

Refunds and Cancellations:

• Refund policies are determined solely by individual providers
• Resvly does not process refunds or mediate refund disputes
• Customers must contact providers directly for any refund requests
• Providers are responsible for processing any refunds through their payment processor

6. Data Protection and Privacy

Your privacy matters to us. How we collect, use, retain, and protect your personal data is explained in full in our Privacy Policy, which forms part of these Terms. By using the Platform you agree to the terms of that policy.

• User data, including customer information and provider details, remains the property of respective users
• Users may not scrape, extract, or misuse other users' personal or business information
• Customer contact information shared through bookings must only be used for legitimate service delivery
• All parties must comply with applicable data protection regulations (GDPR, CCPA, Australian Privacy Act 1988, etc.)
• Resvly implements reasonable security measures but users are responsible for protecting their own data
• Resvly is not responsible for any data breaches or unauthorized access resulting from user negligence or third-party actions
• You have the right to request access to, correction of, or deletion of your personal data at any time by contacting us through the Platform support channels

Walk-In Queue Account Creation

When you use the walk-in queue kiosk at a participating business, the Platform may automatically create a Resvly account using the name and email address you provide. By submitting your details on a walk-in kiosk you consent to the creation of this account and the processing of your data for the purpose of managing your place in the queue and sending you queue position notifications. You may contact us at any time to have this account deleted.

Marketing Communications

By registering on the Platform, you may receive service-related emails (booking confirmations, reminders, queue updates) and occasional marketing communications. When you create an account, you are automatically subscribed to the General Information, New Features and Tips & Tricks notification types. Once you have successfully registered and signed in, you can review, manage, or opt out of any of these notification types at any time from your Notification Preferences page, or by clicking the unsubscribe link included in any marketing email. Service-related transactional emails cannot be disabled while your account is active.

7. Account Suspension and Termination

Resvly reserves the right to suspend or terminate accounts that violate these terms, engage in malicious activities, or pose a risk to the Platform or its users. Users may also terminate their accounts at any time through their account settings.

Upon account termination, Resvly is not responsible for any lost data, pending bookings, payment disputes, or business disruption. Users should resolve all outstanding obligations before terminating their accounts.

8. Limitation of Liability

General Disclaimer:

Resvly provides the Platform "as-is" and "as-available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

No Liability For:

• Service quality, accuracy, reliability, or availability of provider services
• Payment disputes, non-payment, incorrect payments, chargebacks, or refund issues between users
• Third-party payment processor errors, delays, fees, or policy changes
• Service interruptions, system downtime, data loss, or technical failures
• User conduct, fraudulent activities, or breach of contract between users
• Missed appointments, cancellations, scheduling conflicts, or no-shows
• Accuracy of provider information, pricing, availability, or service descriptions
• Personal injury, property damage, or financial losses arising from provider services
• Security breaches, data leaks, or unauthorized access resulting from third-party actions or user negligence
• Loss of business, revenue, profits, or opportunities
• Acts of God, natural disasters, pandemics, or other force majeure events
• Third-party website content, links, or services accessed through the Platform
• Tax obligations, regulatory compliance, or licensing requirements of providers

Maximum Liability:

To the maximum extent permitted by law, the total liability of Resvly, its affiliates, and service providers shall not exceed the greater of (a) the amount paid by you to Resvly in the twelve months preceding the claim, or (b) $100 USD.

Indemnification:

You agree to indemnify, defend, and hold harmless Resvly, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Platform, (b) your violation of these Terms, (c) your violation of any rights of third parties, or (d) transactions and disputes between you and other users.

9. Service Provider Relationship

Resvly acts solely as a technology platform facilitating connections between service providers and customers. Providers are independent contractors, not employees or agents of Resvly. No employment, partnership, joint venture, or agency relationship exists between Resvly and any provider or customer.

Providers are solely responsible for:

• Obtaining all necessary licenses, permits, and insurance for their services
• Compliance with all applicable laws, regulations, and professional standards
• Tax obligations, including collection and remittance of sales tax where applicable
• Quality and delivery of services to customers
• Health, safety, and liability insurance coverage

10. Intellectual Property

The Platform, including its design, features, and underlying technology, is owned by Resvly. Users retain ownership of their uploaded content but grant us a non-exclusive, worldwide, royalty-free license to display and process it for Platform operations.

You may not copy, modify, distribute, sell, or lease any part of the Platform or its software. Reverse engineering or attempting to extract source code is strictly prohibited.

11. Dispute Resolution

Disputes between users (providers and customers) should be resolved directly between the parties. Resvly is not a party to such disputes and may provide facilitation assistance at our sole discretion, but we are not responsible for resolving service-related, payment-related, or contractual disputes.

For Platform-related issues, users agree to attempt good-faith resolution through our support channels before pursuing legal action.

Governing Law

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia for resolution of any Platform-related legal disputes.

Nothing in this clause limits any statutory rights you may have under the laws of your own country that cannot be waived by contract (for example, consumer protection rights under EU or UK law).

12. Changes to Terms

Resvly reserves the right to modify these Terms and Conditions at any time. We will provide notice of material changes by email or through the Platform. Your continued use of the Platform after changes become effective constitutes acceptance of the modified terms.

If you do not agree with any changes, you must discontinue use of the Platform and may terminate your account.

13. Severability and Waiver

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

The failure of Resvly to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14. Contact Information

For questions about these Terms and Conditions, please contact us through the Platform support system or at [email protected].