Tajmeeli Terms & Conditions
These Tajmeeli Advertising Contract Terms and Conditions (“Contract Terms”) are binding and incorporated by reference into the Contract you (“Sponsor,” “you,” or “your”) signed with Tajmeeli, Inc. (“Tajmeeli”) for sponsorship services. Please read them carefully.
I. ENHANCED PROFILE
Tajmeeli Enhanced Profile is limited to those providers who meet certain qualifications, agree to the Tajmeeli Enhanced Profile requirements, and pay the monthly fee.
Tajmeeli Enhanced Profile members will receive certain profile visibility and enhancement features. Tajmeeli may modify such features, and/or the eligibility levels, at any time in its sole discretion.
The purpose of a Tajmeeli Leads Plan is to connect your office, via telephone, email, chat, or webform, with consumers who are interested in aesthetics treatments.
Tajmeeli will provide you with monthly Lead delivery information related to your Package Plan. Such information is confidential and you may not disclose such information to any third party without prior written consent from Tajmeeli.
A “Lead” is:
An email, webform submission, chat submission, or telephone call from a Tajmeeli user to your email, phone, or chat client. In the case of phone calls a Lead will only count if the call lasts forty-five (45) seconds. In the case of chats a Lead will only count if your office picks up the chat session. Multiple calls or emails from the same unique phone number or email address within a thirty (30) day period count as a single Lead.
You will be billed a price per Lead equal to or less than the per-Lead price applicable to your plan and as referenced on your activation sheet or updated by email from Tajmeeli.
You agree and acknowledge that Tajmeeli is not diagnosing or determining medical appropriateness, that not every Lead will result in the scheduling of a consultation or the booking of a Treatment, and that Tajmeeli has priced its services with this in mind.
The purpose of the Tajmeeli Articles Plan is to build your online reputation via the co-creation of monthly articles under your byline. You will be billed a monthly charge for the creation of a number of Articles, as referenced on your activation sheet or updated by email from Tajmeeli.
IV. SPONSOR’S COMMITMENT TO TAJMEELI
1.You shall bear full responsibility for all products or services offered, sold or licensed through the Contract or your website, including collecting and paying any taxes. You certify that you have all necessary rights and permissions to offer, sell and/or license such products and services through the Contract and your website. You are responsible for the accuracy of information listed in your Profile, Clinic Page, and any personalized features.
2.You agree that your website does not promote or include the following: (1) uncertified pharmaceutical products, (2) gambling, (3) scams, illegal activity or illegal contests; (4) inflammatory religious or political content; (5) known associations with hate, criminal or terrorist activities; (6) gun advertisements; (7) pornography advertisements; (8) potentially defamatory or slanderous content or bad language; and (9) content that infringes any third party’s intellectual property, privacy or other rights.
3.You agree that your collection, use and disclosure of information obtained from Tajmeeli users complies with all applicable laws, regulations and privacy policies. You agree to not disclose such user information to any party, nor shall you use or allow any other party to use such user information in any manner that is or could reasonably be expected to be used by or on behalf of any product or service competitive with Tajmeeli. This section shall survive the completion, expiration, termination or cancellation of this Contract.
4.You hereby grant Tajmeeli the right to market, display, reproduce (including compression and temporary storage), distribute, perform, transmit and promote your profile and the content contained therein (including, but not limited to, any and all information that you provide to Tajmeeli) together with any content or materials on any interactive site provided by you and linked through the Tajmeeli website.
1.Tajmeeli will charge the credit card you provide during the acceptance of the Contract (“Payment Method”), either in advance or in arrears, depending on Tajmeeli services purchased, as set forth below.
2.For the Enhanced Profile and Articles monthly fees, Tajmeeli will charge your Payment Method in advance on or about the first business day of each month for the monthly rate listed on the Contract as well as any other applicable tax and other fees incurred by you under this Contract (“Automatic Recurring Payment“).
3.For Leads, Tajmeeli will charge your Payment Method in arrears on or about the fifteenth business day of each month the contracted per-Lead rate for those Leads delivered by Tajmeeli in the previous month as well as any other applicable tax and other fees incurred by you under this Contract (“Per-Event Payment”).
4.By providing the Payment Method, you authorize Tajmeeli to charge or debit the Payment Method listed on the Contract each month in advance for the Automatic Recurring Payment, and in arrears each month for the Per-Event Payment. This authorization is to remain in full force and is effective until you either terminate this Contract in accordance with its terms or change the payment method as set forth below. All payments are, unless otherwise stated, payable in US Dollars and are nonrefundable. To the fullest extent permitted by law, you waive all claims relating to charges on your Payment Method unless claimed within sixty (60) days after the disputed charge was incurred (without prejudice to your credit card issuer rights). If you fail to dispute this charge during this time period, then you can no longer dispute the charge, whether with Tajmeeli or your credit card issuer.
5.The fees charged for Tajmeeli services for each Renewal Term will be the same as the rate for the Initial Term or subsequent Renewal Term unless Tajmeeli has given you written notice of a rate increase at least thirty (30) calendar days before the end of the then-current term, in which case the rate increase will be effective upon renewal and thereafter. This paragraph does not apply to changes resulting from moving from one Enhanced Profile or Article Plan level to another.
6.No refunds or credits are given for partially used or pre-paid months.
7.If your Payment Method is declined, you will be contacted by phone or email and the Contract and services provided by Tajmeeli under the terms of this Contract will be suspended until Tajmeeli receives your payment. Tajmeeli may charge you interest at the rate of one and one-half percent (1.5%) per month (or the highest rate permitted by law, if less) on all amounts due and payable until payment is received, whether before or after judgment. If you fail to pay, Tajmeeli may charge you for all costs incurred by Tajmeeli in connection with collecting the amounts due and Tajmeeli may immediately terminate the Contract.
VI. TERM & TERMINATION
1.The term of these Terms and Conditions commences on the Start Date set forth in the Contract and for the period specified (the “Initial Term”) and will automatically renew for a like period (“Renewal Term”) until terminated pursuant to this section.
2.You may terminate this Contract at the end of the current Term (Initial Term or Renewal Term) of the Contract by providing Tajmeeli with at least thirty (30) days written notice prior to the beginning of the next Renewal Term.
3.Notices detailed herein are necessary to avoid automatic Contract renewal and your obligation to pay the fees associated with the Renewal Term and/or the next period’s Connections maximum.
4.You shall notify Tajmeeli of your desire to terminate this Contract by either sending written notice to Tajmeeli by email to [email protected] or by mail to Tajmeeli, Inc., 83 S. King Street, Suite 800, Seattle, WA 98104.
5.Tajmeeli reserves the right to terminate this Contract or your use of any Tajmeeli paid service at any time for any reason or no reason by emailing you at the email address on the Contract. In the event Tajmeeli terminates the Contract or a paid service prior to the end of the monthly billing period, Tajmeeli will refund you the pro-rata amount associated with such Contract or service for that monthly billing period.
1.TAJMEELI MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION THE SERVICES PROVIDED UNDER THE AGREEMENT AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. TAJMEELI DOES NOT WARRANT THAT DELIVERY OF TAJMEELI SERVICES UNDER THE TERMS OF THE AGREEMENT WILL BE ERROR-FREE, UNINTERRUPTED OR CONTINUOUS.
2.In no event shall Tajmeeli be liable for any act or omission, or any event directly or indirectly resulting from any act or omission of any third parties (if any). IN NO EVENT SHALL TAJMEELI BE LIABLE UNDER THIS AGREEMENT OR THE APPLICABLE ACTIVATION FORM FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOST PROFITS, LOSS OF BUSINESS, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF TAJMEELI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AGGREGATE LIABILITY FOR TAJMEELI UNDER THIS AGREEMENT AND ANY APPLICABLE ACTIVATION FORM FOR ANY CLAIM IS LIMITED TO THE AMOUNT RECEIVED BY TAJMEELI FROM YOU FOR THE ACTIVATION ORDER GIVING RISE TO THE CLAIM. Without limiting the foregoing, Tajmeeli shall have no liability for any failure or delay resulting from any governmental action, fire, flood, pandemic, insurrection, earthquake, power failure, riot, terrorism, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, Internet failures or communications lines failures or any other condition affecting production or delivery of any of the sponsorships set forth above in any manner beyond the control of Tajmeeli. You understand and acknowledge that Tajmeeli has entered into this Contract in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.
3.You shall indemnify, defend (with counsel reasonably acceptable by Tajmeeli), protect and hold harmless Tajmeeli from and against any and all claims, actions, causes of action, liabilities, damages, expenses and costs (including reasonable ongoing attorneys’ fees (costs of defense)) arising out of or related to: (i) a breach of your Commitment to Tajmeeli set forth herein or (ii) any third party claim arising from the content of your website, or any material to which users can link, or any products or services made available to users, through your website or provided by you.
4.You shall make no public announcements regarding the existence or content of the Contract or these Terms and Conditions without prior written approval from Tajmeeli, which approval shall not be unreasonably withheld. Furthermore, during the term of this Contract, and for a period of two (2) years following any Contract end date, neither party will use or disclose any Confidential Information of the other party except as specifically contemplated herein. For purposes of this Contract, “Confidential Information” shall mean (i) the Contract; (ii) these Terms and Conditions; (iii) any statistics, reports or other reporting information Tajmeeli provides you in accordance with the terms of this Contract and (iv) any information designated in writing, or identified orally at time of disclosure, by the disclosing party as “confidential” or “proprietary.” The foregoing restrictions do not apply to information that: (1) has been independently developed by the receiving party without access to the other party’s Confidential Information; (2) has become publicly known through no breach of this section by the receiving party; (3) has been rightfully received from a third party authorized to make such disclosure; (4) has been approved for release in writing by the disclosing party; or (5) is required to be disclosed by a competent legal or governmental authority.
5.This Contract sets forth the entire agreement between You and Tajmeeli with respect to the transactions set forth herein. These Terms and Conditions shall supersede any and all conflicting terms in a Contract unless the Contract specifically states otherwise.
6.You shall not make any assignment of this Contract or any rights, benefits, or obligations hereunder (including, without limitation, by way of merger or consolidation) without the prior written consent of Tajmeeli. In the event of an assignment, this Contract shall be fully binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective successors and assigns.
7.The Contract shall be interpreted, construed and enforced in accordance with the laws of the State of Washington, except for its conflict of laws principles. Any dispute, claim or controversy arising out of or relating to this Contract, Tajmeeli or the Site or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. Any claim shall be made by filing a demand for arbitration within one (1) year following the event first giving rise to the claim. The arbitration shall be held in King County, Washington before one arbitrator. The arbitration shall be governed by the Federal Arbitration Act and the arbitration shall take place according to the rules of the American Arbitration Association. Judgment on the Award may be entered in any court having jurisdiction. Each party shall bear all of its own costs of arbitration except the fee for the arbitrator shall be equally split between the parties. The arbitrator shall not have the authority to modify these Terms or award punitive or exemplary damages to either party. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Seeking any such remedies shall not constitute a waiver of either party’s right to compel arbitration.
8.Only individual claims may be brought. Class action lawsuits, class-wide arbitrations, private attorney general actions, and any other proceedings where parties act in a consolidated or representative capacity are not allowed. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
9.If any provision of this Contract is held invalid or unenforceable, then the remainder of this Contract and the affected provision shall remain valid and enforceable and in full force and effect.
10.Any notices under this Contract shall be sent to the addresses set forth in the Contract (or in a separate writing) by email, facsimile or nationally-recognized express delivery service and shall be deemed given upon receipt.
11.The waiver of any breach or default of this Contract will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
12.Tajmeeli may amend this Contract by providing you with at least thirty (30) days advance notice of any material change, and providing you the option to terminate. If you do not exercise this termination option, such changes will be effective as of the date provided in the advance notice.
Last updated 3/25/2021