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Planfy Terms and Conditions

Updated: 21st April 2020

  1. This Service
    1. Your use of Planfy.com (Service) and any additional services introduced by us and contained within constitutes acceptance by you of these Terms & Conditions.
    2. You can also read our Privacy Policy at: https://www.planfy.com/privacy-policy
    3. Planfy is a trading name of 2K Digital Limited. Registered in United Kingdom (10925352).
  2. Eligibility
    1. You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms & Conditions.
  3. Registration and Account Integrity
    1. As part of the registration process you will need to create an account, including a username & password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username & password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
    2. Where we provide an organisation with a number of staff login's for the Service these must be adhered to. Login's cannot be shared between users. A breach of this clause will result in termination of the abused accounts and/or all accounts provided to the organisation.
    3. If for any reason you suspect that your username & password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username & password or other details.
  4. Specific Service Rules
    1. As a user you agree not to do any of the following:
      1. Abuse, harass, threaten, stalk, defame or in anyway seek to violate the rights of another user or third party.
      2. Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
      3. Use or harvest data provided by other users in a way that they would object to.
      4. Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
      5. Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
      6. To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.
      7. To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
      8. Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
      9. Reframe or repurpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
      10. Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
      11. Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
      12. Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
    2. The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgment is in breach of these Terms and Conditions.
  5. Intellectual Property
    1. Planfy grants users a non-exclusive, non-transferable, revocable right to use Planfy and related resources in accordance with these Terms and Conditions. Planfy retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agree not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without Planfy's prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. Planfy shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
    2. Planfy claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you or users of your account retains its original ownership
  6. Content Ownership
    1. As a user you retain all ownership rights to content provided by you.
    2. You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the Service. Furthermore if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
  7. Copyrighted Material
    1. We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
    2. Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
    3. If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
  8. Content Monitoring
    1. Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
  9. Termination
    1. We may terminate your user account and all content and materials associated with it at any time where these Terms & Conditions have been breached. Such termination can be with or without notice. As a user you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
    2. Various clauses within these Terms & Conditions are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.
  10. Access and Backups
    1. We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, in the event the Service is unavailable or functioning incorrectly either wholly or partly we shall offer (where possible) the opportunity of repeat performance of the Service we should have offered to you in the first place – where appropriate and practical. Where this is not possible we will offer full or part-refunds subject to clauses below.
    2. Refunds will not be offered where a third-party provider who supplies a service to you, rather than us causes the issue.
    3. You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all of your content and data on the Service.
  11. Disclaimer
    1. We are not responsible for the accuracy of any content on the Service, (except where such Content is provided by us) nor any advertisements placed on the Service.
    2. We are not responsible for any links to third party websites from the Service and the inclusion of any link does not imply an endorsement of a third party website or service by us.
  12. Limitation of Liability
    1. We shall be not be liable to you in contract, tort, or otherwise (including negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for any loss of business, contracts, profits, damage to goodwill or anticipated savings or for any indirect or consequential or loss whatsoever.
    2. Nothing in this Agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or their servants, agents or employees.
    3. In any event our liability and that of our employees, officers and third party partners shall be limited in any 12 month period to the total Service fees incurred by you in relation to the matter subject to the liability or to a payment of £100, whichever is the greater sum.
  13. Online Booking
    1. Planfy provides a self-booking service which allows users to book services online from our partner businesses.
    2. Online booking is completely optional for customers, who can alternatively contact the business directly.
    3. The Services you can buy or book via Planfy are sold by our Partners and not by us. We are only responsible for arranging and concluding your booking and we have been appointed by our Partners to act as their commercial agent to do so.
    4. If you pay for services from our Partners through our website or Widget, we may collect and receive your payment on behalf of the relevant Partner in our capacity as their commercial agent. In this event, our successful receipt of your payment will discharge your debt to the Partner for the Services.
    5. The contract for the Services is directly between you and the relevant Partner. We are not liable for the Services you receive from our Partners. However, please do let us know if you encounter a problem or if the Service you receive at a venue falls short of your expectations and we’ll do our best to help.
    6. If you would like to cancel or reschedule an existing booking, this can be completed by either:
      1. Cancelling the booking via the link in the booking confirmation email.
      2. Re-booking the new service via Planfy website or booking widget.
      3. Contacting the business directly.
    7. Video calling ("video call bookings" also known as "Planfy video conferencing software") functionality is provided as-is and without support, and Planfy makes no commitment or guarantee – and shall have no obligation – relating to any availability/unavailability, uptime/downtime, performance, reliability, functionality, features, or other operation/inoperation of the Service (including without limitation any integration or other feature of the Service designed to interoperate with any third-party offering "Integration"). You acknowledge and agree that:
      1. The Service will not be uninterrupted, error-free, or available 100% of the time,
      2. Content may be transmitted, streamed, communicated, recorded, received and/or stored through the Service and other users or participants in Your meetings may export, save, store, record, or copy such content by or on behalf of You or other users in a variety of ways (including without limitation via third-party integrations or local or external download),
      3. The Service is not intended to, and should not, be used for back-up or long-term storage of data, and
      4. Planfy shall not be responsible for any such exported content or any loss of such stored content. Use of mobile applications may utilize underlying third-party cellular and/or data services and thus may use such services' alotted units and/or result in usage or other charges associated with such third-party services.
      5. Planfy may – in its sole discretion, at any time, with or without notice, and without any obligation or liability to You or any other party – suspend, terminate, limit, change, modify, downgrade, and/or update the Service (in whole or in part), including without limitation any feature, functionality, Integration or component thereof.
  14. Planfy Business Account
    1. As a user of Planfy, you may setup an account for your business to manage and accept bookings.
    2. Subscription
      1. Planfy business account requires a subscription which can be paid on a monthly or yearly basis. Subscriptions are paid by card and will automatically renew until cancelled.
    3. Pricing, Plans and Features
      1. We reserve the right to change pricing, plans and the features offered at any time and without notice to you. Existing subscribers will remain on the same payment plan unless notified otherwise.
    4. SMS Credits
      1. The automated sending of SMS confirmations and/or reminders is a key feature of Planfy.com.
      2. Due to the costs associate with sending SMS, each Planfy Business Account has a number SMS Credits which are consumed based on SMS usage.
      3. A monthly allowance of SMS Credits is included with each price plan. The SMS allowance is reset once a month and any unused Credits will be lost and not carried over
      4. If a Planfy Business Account goes over it's monthly SMS CREDIT allowance, then confirmations and reminders will stop being sent via SMS. An email will be dispatched to the account owner informing them of the reached limit and will advise them to Top-up.
      5. The SMS top-up feature is available from the billing page within the Planfy.com Portal. Top-up Credits are counted separately and will carry over to the next month if unused.
      6. The number of Credits deducted per SMS sent varies per country. An up to date price list can be found at: https://www.planfy.com/sms-pricing.
    5. Payment and Credit Control
      1. All services are billed monthly in advance.
      2. If you upgrade from a free or trial acccount you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.
      3. Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.
      4. It is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active.
      5. Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.
    6. Cancellation
      1. You may cancel your account or accounts at any time.
      2. Cancellation should be done using the facility provided within the Service or emailing to [email protected]
      3. Cancellation by any other means, including (but not limited to) telephone call, fax, text or instant message is not valid.
      4. No refunds will be provided for remaining unused days on a cancelled account.
    7. Upgrading or Downgrading Accounts
      1. Users have the ability to upgrade or downgrade their accounts and the services offered at any time.
      2. Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.
      3. Users should backup and download their data prior to requesting a downgrade in service.
      4. When an account is downgraded we cannot issue a refund however the account will be credited based on unused days which will go towards the new subscription.
      5. Where an account is upgraded a charge will be applied immediately to the account for the additional amount due until the renewal date.
    8. Trial and Offer Periods
      1. Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
    9. Customer Data
      1. For the purposes of this clause, “data controller”, “data processor”, “data subject”, “personal data”, “process”, “processing” and “appropriate technical and organisational measures” shall be interpreted in accordance with applicable Data Protection Legislation.
      2. Planfy and the Partner each acknowledge that, for the purposes of the Data Protection Legislation:
        1. In respect of Partner Customers’ personal data, the Partner is the data controller and Planfy is the data processor.
        2. In respect of Planfy Customers’ and Prepaid Widget Customers’ personal data, the Partner and Planfy each act as independent data controllers
      3. Where Planfy and the Partner are independent controllers, each acknowledge and agree that:
        1. Each party is responsible for its own compliance with Data Protection Legislation, including the GDPR.
        2. The Partner must promptly (and in any event within 24 hours of the Partner or its employees or contractors becoming aware of the matter) notify Planfy of any accidental or intentional damage, alteration, destruction, unauthorised disclosure, loss, misuse or theft of or to the personal data of any Planfy Customer or Widget Customer which the Partner has access to. Partner shall provide full cooperation and prompt assistance to Planfy in respect of its efforts to (i) investigate, remediate, and mitigate the effects of the Security Incident, and (ii) comply with notification obligations to individuals, clients or regulatory authorities.
      4. Partner must not do, or omit to do, and must ensure that its personnel and other representatives do not do or omit to do, anything that would cause (or may be reasonably expected to cause) Planfy to be in breach of any provision of any Data Protection Legislation and take all reasonable steps to ensure the reliability of its employees, or contractors and agents who may have access to the personal data and ensure that such staff and agents are informed of the confidential nature of the personal data and have undertaken training in the laws relating to handling personal data.
    10. Technical Support
      1. Technical support is provided via email and such other means as we decide in order to provide a proper service to users.
      2. We reserve the right not to provide a full technical support service to free or trial account users.
    11. Account Deletion
      1. If you cancel your Planfy business account and do not login for 2 years then Planfy will delete your account and all of it's data. Your email may remain in our marketing email list unless you unsubscribe.
  15. Indemnity
    1. You agree to indemnify and hold us and our subsidiaries, affiliates and partners and their respective officers and employees harmless from any loss, fines, fees, liability or claim made by any third party arising from your breach of these Terms & Conditions whilst using the Service or any other service provided by us.
  16. Privacy
    1. Use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.
  17. Severability
    1. The foregoing paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
  18. Waiver
    1. Failure by us to enforce any accrued rights under these Terms & Conditions is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
  19. Entire Terms & Conditions
    1. These Terms & Conditions set out the entire agreement and understanding between you and us. We reserve the right to change these Terms & Conditions at any time, on giving reasonable prior notice to you.
  20. The Consumer Rights Act 2015
    1. These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply where you use the Service strictly as a consumer only.
  21. Jurisdiction
    1. These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. Where applicable your statutory rights are unaffected.
  22. Agency Terms & Conditions
    1. Planfy "Agency Portal" (also known as "Agency Dashboard") users including "Resellers" and "Affiliates" agree to Agency Terms & Conditions.
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