Terms of Use
Version no. 1.1 / Last Date of modification 14th of June 2018
Please read these Terms of Use fully and carefully before accessing or using this website (the “Website”) or the Planify application (the “Application”), as they contain important information regarding your legal rights, remedies and obligations.
These Terms of Use, together with the Privacy Policy set forth the legally binding terms and conditions for your access and use of the Website and Application.
This Website and Application are maintained, operated and offered by Planify.io, a brand of Coteries Ltd., and its affiliates and subsidiaries (collectively, “Company” or “Planify”), and are intended to allow travel organizers to gather travel information and to assist and allow collaboration in the planning of travel.
In particular, Group Travel Organizers should understand how the laws work in their respective destination countries (certain countries have restriction on travel guides, travel companies and other travel other travel organizers, or require them to have permits). Group Travel Organizers should review local laws before sharing a group travel itinerary via Planify.
If you are a user located in the European Economic Area, Switzerland or United Kingdom, the Data Protection Policy accompanies these terms and sets forth other terms of our agreement that apply solely to the extent any information you provide to Planify includes personal data of individuals located in the European Economic Area, Switzerland or United Kingdom.
1. Legal information
1.1
Acceptance of terms: By accessing and/or using the Website and the Application, you agree to comply with and be bound by these Terms of Use.
If you disagree with any of these Terms of Use, please refrain from accessing and using the Website or from downloading, accessing and using the Application, respectively have it removed from any device where such Application has been installed.
1.2
Modification: Planify may occasionally modify these Terms of Use at its entire discretion.
Planify will use reasonable efforts to notify you by posting the modification on the Website or via the Application and/or provide you notice of the modification by email. Changes to the Terms will be effective at the time of posting.
You are responsible for regularly reviewing these Terms, which you can find at any time by clicking on the link at the bottom of each page on this website.
By using Planify Website or Application, you agree that the posting of new or revised Terms or Policies on the Website will constitute adequate and constructive notice to you of any and all revisions and changes. Continued access or use of the Website and Application after any such changes or after explicitly accepting the new terms upon logging into the Website shall constitute your consent to such changes and you agree to be bound by them as of the date of the modification.
2. Intellectual Property Rights
The content of the Website and/or the Application, namely but not exclusively the logos, brands, photos, images, illustrations, texts, graphics, layout, designs, know-how, technologies, drawing, products, registered trademarks, and other materials appearing on the Website and/or the Application (“Content”), as well as the software used for designing and implementing the Application are either owned by Planify or have been duly licensed to Planify by the concerned right-holders, so as to grant you the rights set forth under Section 4.
3. Services
3.1
Company makes the Website and the Application (hereafter “Services”) available for your access, download, purchase and/or use, as applicable, and solely in connection with your activities on the Website and further subject to these Terms of Use. Your rights in the Services are limited solely to those rights expressly granted to you herein. “Services” means all services and resources offered, made available or enabled via the Website by Company, or third-party service providers featured on the Website, including any content, software and software-as-a-service made available on the Website. Company hereby grants you a limited, revocable, non-exclusive right and license to access the Services made available on the Website and/or the Applications, along with any other content and services made available thereon, solely for (a) your personal use in connection with planning needs, or (b) any other purpose clearly stated on the Site or in these Terms of Use, all in accordance with these Terms of Use or as otherwise authorized by Company in writing.
3.2
Registration: You will be required to register for the Website in order to access or purchase certain Services or to access certain content offered on the Website. If you are required to establish an account in connection with a particular Service, you must complete the designated registration process for such Service. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. It is your sole responsibility to keep your user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Planify immediately. As part of the rights granted to you hereunder, you may invite friends to register for the Website, import your contacts and request that such contacts be contacted by Company for registration on the Website, or create accounts for your contacts to access the Website and certain features thereof. All such persons shall be considered users of the Website and subject to these Terms of Use.
This Website is intended solely for users who are 13 years of age or older and it is a violation of these Terms of Use for anyone under the age of 13 to register for the Website. You represent and warrant that you are 13 years old or older. Your account may be deleted without warning if you misrepresent your age, whether older or younger. If you are between 13 and 18 years old, you must obtain your parent/guardian’s permission to register for the Website and post content thereto.
In order to be eligible to register, you must meet the following requirements:
- You must be a human to register. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide all of the information requested by Company in order to complete the registration process. Handling of such information will be conducted in accordance with the Company Privacy Policy, which can be found at https://planify.io/privacy. You will also be required to create a password.
- You are responsible for maintaining the security of your account and password. Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accessed the Website through your account).
3.3
Subscriptions/Orders of Services: If you wish to purchase or subscribe to certain Services made available via the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Each Transaction shall be subject to Company’s then-current payment and purchase terms, which are clearly set forth on the Website or which will be clearly communicated to you by Company prior to the transaction, and may be revised from time to time by Company. You represent and warrant that you have the legal right to use any credit card(s) or other payment methods) utilized in connection with any transaction. By submitting such information, you acknowledge that it may be submitted to third-parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf, and to otherwise handle such information in accordance with the Company Privacy Policy. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
You represent and warrant that all payment information you use, including any credit card information, will be accurate and up to date. Planify maintains the right to withhold any payment otherwise due to you and to set off such amount against any amount that you may owe or that is attributable to your use of inaccurate or fraudulent payment information, and you will remain responsible and liable for any collection costs Planify incurs to collect such amounts from you.
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item or service purchased from or subscribed to or made available via this Website. By subscribing to a particular Product or Service, you represent that such Service ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to do any one or more of the following: (i) discontinue Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any Service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
4. License
4.1
License Grant: Subject to your compliance with the terms and conditions of these Terms of Use, we grant you a limited, non-exclusive, non-transferable license. All rights not expressly granted to you in these Terms of Use are expressly reserved.
4.2
Restrictions: Except as expressly specified in these Terms of Use, you shall not (i) copy or modify the Website and/or the Application, including, but not limited to adding new features or otherwise making adaptations that alter the functioning of the Website and/or Application; (ii) transfer, sell, rent, lease, distribute, sublicense or otherwise assign any rights to, or any portion of, the Website and/or the Application to any third party; or (iii) make the functionality of the Website and/or the Application available to multiple users through any means, including, but not limited to distribution of the Website and/or the Application or by uploading the Website and/or the Application to a network or file-sharing service or through any hosting, application services provider or any other type of service; or (iv) circumvent technological protection measures put in place (if any). The Website and the Application contains trade secrets, and in order to protect those secrets you agree not to disassemble, decompile or reverse engineer the Website and the Application, in whole or in part, or permit or authorize a third party to do so, except to the extent permitted by applicable law.
4.3
Updates and Upgrades; No Obligation: You acknowledge that Planify may from time to time in its sole discretion issue updates or upgrades to the Website and/or the Application, and may automatically update or upgrade the version of the Website and/or the Application that you are using on the device(s) upon which the Website and/or the Application has been used or installed, without notice. You consent to such automatic updating or upgrading on these devices, and agree that the terms and conditions of these Terms of Use will apply to all such updates or upgrades.
The inclusion of any Product or Service on this Website at a particular time does not imply or warrant that such Product or Service will be available at any time.
5. Rules of Conduct
You promise not to use the Website or the Application for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Website or the Application.
5.1
You shall not, and shall not permit any third party to, either (i) take any action or (ii) upload, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Application that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) is unlawful, such as content that is threatening, abusive, harassing, defamatory, libellous, fraudulent, invasive of another’s privacy, or tortuous; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (iv) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of us or any third party; (v) impersonates any person or entity, including any of our employees or representatives; (vi) includes anyone’s identification documents or sensitive financial information; or (vii) is otherwise determined by us to be inappropriate at our sole discretion.
5.2
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Application or any activities conducted on the Website or the Application; (iii) bypass any measures we may use to prevent or restrict access to the Website or the Application (or other accounts, computer systems or networks connected to Planify services); (iv) run any form of auto-responder or “spam” on Planify services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any web pages associated with Planify, or any third party web pages accessed through the Website or the Application; (vi) harvest or scrape any Content from the Website or the Application; or (vii) otherwise take any action in violation of our guidelines and policies that can be found here: https://planify.io/Terms-of-Use
5.3
We also reserve the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect our rights, property or safety, or that of our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention.
6. User Submissions
6.1
Any personally identifying data and information that you may send via the Internet to the Application are protected and treated according to Planify’s Privacy Policy. Planify invites you to read the Privacy Policy carefully before providing us with any such personally identifying data and information.
6.2
Portions or features of the Website may allow you to contribute or otherwise provide content or other information to the Website and/or the Application. For such information, data, commentary, communications, downloads, files, text, images, graphics, videos, links, publications, content, tools, resources, programs and products that you post or submit to, or otherwise make available on, the Website (“User Submissions”), you acknowledge and agree that Company shall not be liable for any damages arising out of or related to your User Submissions.
6.3
You represent and warrant that you own all right, title and interest in and to your User Submission that you post, or that you own or control, or have received the necessary licenses or other rights to, contribute such User Submissions to the Website and/or the Application. You agree not to disclose any Personal Information (as defined in Company’s Privacy Policy) as part of a User Contribution. In particular, you represent and warrant that you are the copyright owner of any photographs you make available via the Website or the Application, or that you have all appropriate authority and permissions from the copyright holder of such photographs to permit their dissemination on the Website or the Application and to otherwise grant the rights addressed herein.
6.4
You are solely and entirely responsible for all of your User Submissions. You shall assume all risks associated with any reliance on the accuracy, completeness or usefulness of your User Submissions from or by others. Company does not guarantee the accuracy, integrity or quality of the material you contribute or the material anyone else contributes as part of a User Submission. You acknowledge and agree that by accessing or using the Website or the Application, you may be exposed to material from others that you find objectionable. You acknowledge and agree that Company shall not be liable for any actions or inactions resulting from or related to any User Submission made on the Website or the Application.
6.5
Planify may allow you to customize the Website and/or the Application using your own data or intellectual property or store data or intellectual property such as customer lists and content libraries on the Website and/or the Application (such data and intellectual property collectively referred to as “User Data”). You will remain the owner of any User Data and grant Company a non-exclusive, worldwide, royalty-free, and fully paid up license to host such User Data in order to provide the Services.
Planify will be billed on a per-seat basis, and you acknowledge and agree that a seat is individually-named or identified user.
7. Disclaimer of Warranties
7.1
Any Content and all that you find on the Website and/or the Application is furnished to you “as is” in function of its availability, and without guaranty of any sort, express or implied, including, among other, the implied warranty of merchantability or fitness for any particular purpose.
7.2
Notwithstanding the fact that Planify shall do its best efforts to ensure that the Website and/or the Application fully operate and entitle users to run the Website and/or the Application in accordance with its functionalities, neither Planify shall bear no liability and cannot guarantee that the Content contained on the Website and/or the Application is accurate, complete and up-to date, that the Website and/or the Application contains no defect and that any such defect shall be corrected. By using this Website and/or this Application, you agree to do so at your own risk and assume full responsibility for any impossibility to use the Website and/or the Application, any loss of data and costs related to any assistance or repair of any hardware and/or software used by you for connecting to the Website and/or the Application, and you agree to hold Planify, and their directors, officers and representatives harmless, whatsoever, for any damage that may be caused by, result from or be connected to your use of the Website and/or the Application.
7.3
If you communicate with us by e-mail, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages, you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
8. Limitations of Liability
8.1
Planify excludes its liability to the fullest extent permitted by applicable law, in accordance with Art. 100 of the Swiss Code of Obligations.
8.2
Planify reserves the right to add, replace, interrupt or discontinue any or all of the functionalities of the Website and/or the Application without encountering any liability towards users resulting from such modifications.
9. Links
9.1
The Website/Applications may contain links to other Internet websites that are not operated or controlled by Planify. Those addresses or links are provided solely as aids to assist you to locate other Internet resources that may be of interest.
9.2
Planify has not reviewed any of the websites which link to the Website/Applications. Planify shall not be held liable for the availability or content of such websites or any article contained on or obtained through such websites.
9.3
Any links to off-site pages or other websites are set up at your own risk. Any link to another website or any reference to information, products or services supplied by third parties, in no way imply that Planify has given its approval concerning those websites or articles. Any question or comment concerning any other website must be sent to that website’s operator. No link with the Website is authorized without Coteries’ prior written approval.
10. Termination
10.1
Access and use of the standard version of the Website or the Application as Standard. User shall be unlimited in time, unless terminated in accordance with this Section 10.
10.2
You may terminate the agreement at any time by removing the Application from you device(s) or by notifying your subscription cancellation 30 days before end of the agreement.
11. Miscellaneous
11.1
The present Terms of Use together with the Privacy Policy embody the entire agreement concluded between Planify and yourself concerning the access and use of the Website and concerning the download, access and use Application and its Content.
11.2
These Terms of Use, as well as your use of the Website and/or the Application shall be governed by and construed in accordance with the laws of Switzerland without giving effect to conflicts of law principles thereof. Any dispute, controversy or claim arising out of or in connection with this Agreement is subject to the exclusive jurisdiction of the ordinary courts of the canton of Bern, Switzerland, with the exception of an appeal to the Swiss federal Court.
Planify, a venture of the digital agency Coteries Ltd, Corgémont