Terms Of Use

Plannin.com Inc. Terms of use

Last Update: January 22, 2024

The following terms of use, together with any documents or additional terms they expressly incorporate by reference (collectively, the “Terms of Use”) govern your access to and use of: (a) our website available at https://plannin.com/ and any related application (the “Plannin’ Site”); (b) any text, pictures, media, data, information, materials, functionality and other content (collectively, the “Content”) contained on or provided through (a); and (c) all other products or services provided by or through us to you on or through the Plannin’ Site, including the Travel Offerings (collectively, the “Products and Services”). References in these Terms of Use to the Plannin’ Site will include, where applicable, the Content and the Products and Services.

These Terms of Use form an agreement between Plannin.com Inc. (“Plannin’”, “us”, “we”, “our”) and you. The term “you” or “User” refers to the person or entity browsing, installing, downloading, accessing or otherwise using the Plannin’ Site (“use” or “using” in these Terms of Use will mean any of the foregoing).

BY CLICKING TO ACCEPT THESE TERMS AND CONDITIONS OR BY USING THE PLANNIN’ SITE IN ANY WAY, YOU: (A) REPRESENT AND WARRANT THAT (I) YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, (II) YOU HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS, AND (III) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE PLANNIN’ SITE IS TRUE, ACCURATE, CURRENT, AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS OF USE, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH SECTION 1. IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU MUST NOT ACCESS OR USE THE PLANNIN’ SITE.

IF YOU ARE USING THE PLANNIN’ SITE ON BEHALF OF ANOTHER PERSON OR A CORPORATE ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON OR ENTITY TO THESE TERMS OF USE.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Products and Services.

1. Changes to these Terms of Use and the Site

(a) Except where prohibited by applicable law, we reserve the right, in our sole discretion, to change any element of these Terms of Use at any time. When we change these Terms of Use, we will: (i) place a notice on the Plannin’ Site, send you an email, or notify you by some other means as required by applicable law; (ii) post a new version of the Terms of Use to the Plannin’ Site; and (iii) update the “Last Updated” date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Plannin’ Site is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Plannin’ Site. Otherwise, your continued access to or use of the Plannin’ Site after any changes to these Terms of Use indicates your acceptance of such change(s).
(b) We reserve the right to change the Plannin’ Site at any time, without notice. We may, at our discretion, suspend your access to or use of the Plannin’ Site or any component thereof: (i) for scheduled maintenance; (ii) if you violate any provision of these Terms of Use; or (iii) to address any emergency security concerns. You may need to update third-party software from time to time in order to use the Plannin’ Site.

2. User Account

(a) To access certain features of the Plannin’ Site, you may be required to successfully sign up for a user account and establish a username and password login credentials (the “User Account”). If you establish a User Account, you will keep your User Account secure and will not grant access to or otherwise share your User Account with any other person, unless otherwise expressly permitted under these Terms of Use. You must provide us with true, accurate, current and complete information for your User Account. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Plannin’ Site. You agree to keep your contact information associated with your User Account current and accurate at all times.
(b) You must keep your User Account and all other login information confidential. Unless otherwise expressly permitted under these Terms of Use, you cannot register more than one User Account, register for a User Account on behalf of an individual other than yourself without such individual’s authorization, or register for a User Account on behalf of any group or entity. You must monitor and control all activity conducted through your User Account in connection with the Plannin’ Site. You must promptly notify us if you become aware of or reasonably suspect any illegal or unauthorized activity or a security breach involving your User Account, including any loss, theft, or unauthorized disclosure or use of a User Account. You will not use anyone else’s User Account at any time, without the permission of the User Account holder. You will not attempt, in any manner, to obtain the password, account, or other security information from any other User.
(c) We reserve the right to disable any User Account issued to you at any time in our sole discretion. If we disable access to a User Account issued to you, you may be prevented from accessing the Plannin’ Site (or any portion thereof).
(d) We are entitled to act on instructions received through your User Account. We are not responsible for any actions taken or transactions made to or from your User Account by any other party using your User Account. You are solely responsible for any and all use of your User Account and all actions and activities that occur under or in connection with the User Account. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Plannin’ Site and your account, including without limitation terminating your User Account, changing your password, or requesting additional information to authorize transactions on your User Account. You agree to be responsible for any act or omission of any Users that access the Plannin’ Site under your User Account that, if undertaken by you, would be deemed a violation of these Terms of Use.

3. User Data, User Submissions, and Privacy

(a) You grant to us and any of our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, the Plannin’ Site (collectively, “User Data”): (i) to develop, enhance and make available the Plannin’ Site; (ii) to develop, enhance and make available the Products and Services and such other products and services that we develop from time to time; and (iii) to produce data, information, or other materials that are not identified as relating to a particular individual or entity (such data, information and materials described in (iii) being the “Aggregated Data”). We and any of our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after the Term (as defined below) for any purpose and without obligations of any kind. To the extent permitted by applicable law, we will not be liable for any failure to store, or for loss or corruption of your User Data.
(b) Please review our current privacy policy, available at https://www.plannin.com/c/privacy-policy.html (“Privacy Policy”), which contains important information about our practices in Handling information about identifiable individuals (“Personal Information”), and which is hereby incorporated into and forms a part of these Terms of Use. You should also review the current privacy policies of the applicable Travel Providers, including https://www.priceline.com/static-pages/privacy-policy.html, https://www.getyourguide.com/c/privacy-policy, https://www.booking.com/content/privacy.en-gb.html, and https://www.opentable.ca/legal/privacy-policy, which will govern the Handling of Personal Information by such Travel Providers. The term “Handle” means to access, receive, collect, use, transmit, store, process, record, disclose, transfer, retain, dispose of, destroy, manage or otherwise handle.
(c) If you as a User post or publish Content that you upload, post, e-mail, transmit or otherwise make publicly available on the Plannin’ Site (a “User Submission”), you grant us and any of our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and licence to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and otherwise disclose to third parties, the User Submission (in whole or in part) for any purpose and/or to incorporate it in other works in any form, media or technology now known or later developed, throughout the world without compensation to you, for the full term of any worldwide intellectual property right, including moral rights, that may exist in the User Submission. You further waive any moral rights or other rights of authorship as a condition of uploading, posting, e-mailing, transmitting or otherwise making publicly available on the Plannin’ Site, any of the User Submission. You grant each User of the Plannin’ Site a non-exclusive, perpetual licence to access the User Submission through the Plannin’ Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submission including after your termination of your User Account on the Plannin’ Site.
(d) We reserve the right to remove, edit, limit, or block access to the User Data and any User Submission at any time and from time to time, and to disable or terminate your User Account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use. We have no obligation to display or review your User Data or any User Submission.
(e) You understand and agree that you, and not the Provider Related Parties are fully responsible for any and all User Submissions, and you are fully responsible and legally liable, including to any third party, for any such content and its accuracy. The Provider Related Parties are not responsible or legally liable to any third party for the content or accuracy of any User Submission or such content uploaded, posted, e-mailed, transmitted or otherwise made publicly available on the Plannin’ Site by any other User.
(f) You represent and warrant to us that: (i) your User Data and any User Submission will only contain your own Personal Information or Personal Information in respect of which you have provided all necessary notices and disclosures, obtained all applicable third-party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Plannin’ Site and Handle the User Data as contemplated under these Terms of Use; (ii) you own or control the appropriate rights in and to your User Data and any User Submission, including any intellectual property owned by third parties and including the right to grant the licences to any User Submission contained herein; and (iii) you will not submit, upload, or otherwise make available via the Plannin’ Site, any User Data that: (A) you do not have the rights necessary to use, transmit, publish, or to grant us the licence as described herein; (B) infringe, misappropriate, or otherwise violate any intellectual property, publicity or other rights of any third party; or (C) breach or violate any applicable laws or these Terms of Use.

4. Description of Products and Services

The Plannin’ Site is an advertising platform that enables social media content creators (“Creators”) to share and promote personally endorsed third-party travel offerings to Users, including accommodations, flights, car rental and tour-bookings (“Travel Offerings”). If a User wishes to purchase a Travel Offering, the Plannin’ Site will connect to the applicable third-party travel provider selling the Travel Offering (each, a “Travel Provider”) and such purchase will be made between you and the Travel Provider. The availability of a Travel Offering will be determined by the applicable Travel Provider. The Plannin’ Site is an advertising platform only and we do not purchase or sell any Travel Offerings. All purchases, sales, cancellations and refunds of a Travel Offering will be as between you and the applicable Travel Provider and will be subject to the terms and conditions of the applicable Travel Provider, including https://www.priceline.com/static-pages/terms_en.html, https://www.opentable.com/legal/terms-and-conditions, https://www.getyourguide.com/c/general-terms-and-conditions and https://www.booking.com/content/terms.en-gb.html (the “Travel Provider Terms”). Plannin and Creators will receive a commission in connection with any purchase of a Travel Offering.

We reserve the right, but are not obligated, to limit the availability of the Travel Offerings to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products and Services that are advertised on the Plannin’ Site. All descriptions of Products and Services or Product and Service pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any Product and Service on the Plannin’ Site is void where prohibited.

5. Orders

These Terms of Use will govern any order you make through the Plannin’ Site for any Travel Offering (such order, an “Order”). Your placement of an Order through the Plannin’ Site is an offer to purchase the Travel Offering ordered and the applicable Travel Provider may accept your Order by providing an electronic or other form of Order confirmation. For any reason, the Travel Provider may decline to accept your Order or any part of your Order. If the Travel Provider declines to accept your Order, it will attempt to notify you at the email address you provided. All sales of any Travel Offering are subject to our then-current return policies of the applicable Travel Provider, including the return policies set out in the Travel Provider Terms (“Return Policy”).

6. Payment

To pay for an Order, you will need to provide the applicable Travel Provider, or, if applicable, a third-party payment processor (the “Payment Processor”) with the information necessary to process a payment from you, including the billing information requested on the Plannin’ Site or the applicable Payment Processor’s platform. The processing of payments will be subject to the terms, conditions and privacy policies of the Travel Provider and Payment Processor, if any, in addition to these Terms of Use and our Privacy Policy. To the fullest extent permitted by applicable law, we are not responsible for any error by, or other acts or omissions of, any Travel Provider or Payment Processor. You may pay for your Order via credit card or any other manner then available on the Travel Provider’s site or on the applicable Payment Processor’s platform. By submitting your payment information to the Travel Provider or the Payment Processor, you authorize the Travel Provider or the Payment Processor to charge the applicable payment method at our or their convenience. You represent and warrant that you will not use any credit card or other method of payment unless you have all necessary authorization to do so. We, the Travel Provider and any Payment Processor are not liable in the event persons acting with or without your permission use your credit card or other method of payment to make purchases on the Travel Provider’s site or the Payment Processor’s platform; however you may report any unauthorized use to us or the Payment Processor, and we and the Payment Processor will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other method of payment. We reserve the right to correct any errors or mistakes that any Payment Processor makes even if it has already requested or received payment. The terms of your payment will be based on your chosen payment provider and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If the Travel Provider, either through the Payment Processor or otherwise, does not receive payment from you, you agree to pay all amounts due on your billing account upon demand. If your Order includes any recurring payment obligations, you must ensure that your payment details are true, accurate, current, and complete at all times. You must promptly update your payment details to reflect any changes, including a change in billing address, credit card number or credit card expiration date. You must promptly notify the Travel Provider and the Payment Processor if your payment method is cancelled for any reason or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your login credentials, user name or password for your User Account.

7. Promotional Offers

To the extent we run any promotional offers on the Plannin’ Site, the terms of any such promotion will be posted on the Plannin’ Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of any such promotional offer and end such promotional offer at any point. Promotional offers may not be available in your jurisdiction.

8. Updates and Upgrades

You acknowledge that we may from time-to-time issue updated or upgraded versions of the Plannin’ Site, and may (subject to your device settings) automatically electronically update or upgrade the version of the Plannin’ Site that you are then currently using on your browser. You consent to receive updates or upgrades to the Plannin’ Site automatically without providing further consent each time. The Plannin’ Site (including any updates or upgrades) may: (a) cause your device to automatically communicate with our servers to deliver the functionality described in the Plannin’ Site description or through new features as they are introduced, and to record usage metrics; (b) affect preferences or data stored on your device; and (c) collect Personal Information as set out in our Privacy Policy. We are not responsible if an update or upgrade affects how the Plannin’ Site works if this is caused by your own equipment or device not supporting the update or upgrade. You can withdraw consent at any time under certain conditions by contacting us at [email protected].

9. Ownership of and Licence to the Plannin’ Site

(a) Neither these Terms of Use nor your use of the Plannin’ Site grants you ownership in the Plannin’ Site. These Terms of Use do not grant you any right to use any Content, including our trademarks, graphics, logos and other commercial symbols or brand elements. All right, title and interest, including intellectual property rights, in and to the Plannin’ Site, including any updates, adaptations, translations, customizations or derivative works thereof, will remain our (or our third-party suppliers) sole and exclusive. Subject to these Terms of Use, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable licence and right during the Term to use the Plannin’ Site. The Plannin’ Site and all materials provided by us hereunder are made available or licensed and not “sold” to you. We reserve all rights not expressly granted to you in these Terms of Use.
(b) Certain elements of the Plannin’ Site are protected by copyright. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling the Plannin’ Site or any portion thereof or sharing or granting access in any of the foregoing to any third party for any purpose.
(c) The name “Plannin” is our trademark and trade name. Any trademarks, graphics, logos or other commercial symbols appearing in or on the Plannin’ Site are our (or our licensors) sole and exclusive and may not be used in any manner without our express written consent.
(d) Any use of third-party software provided in connection with the Plannin’ Site will be governed by such third parties’ licences and not by these Terms of Use.

10. Additional Terms

Your access to and use of certain functionalities provided in or through the Plannin’ Site may be subject to additional terms and conditions presented to you by us or our service providers, including the Privacy Policy, Travel Provider Terms, any Creator Agreement and Return Policy. Such additional terms and conditions are incorporated herein by reference and you agree to comply with such additional terms and conditions at all times. If there is a conflict or inconsistency between the terms and conditions of such additional terms and these Terms of Use, then the provisions of these Terms of Use will govern to the extent of such conflict or inconsistency, unless the conflicting term in the additional terms expressly states that the conflicting term in these Terms of Use do not apply. If you do not accept and agree to such additional terms and conditions, you may not be able to, and you should not, access or use those functionalities.

11. Your Responsibilities

In addition to all other obligations expressly set out in these Terms of Use, you agree to: (a) prevent unauthorized access to or use of the Plannin’ Site; (b) maintain, protect and make backups of your User Data; (c) comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy laws and anti-spam; (d) upload and disseminate only data to which you own all required rights under law and do so only consistent with applicable law; and (e) except as authorized by applicable law, you agree not to export, re-export or transfer the Plannin’ Site or any part thereof to any country, person, entity or end-user subject to any applicable export controls or sanctions. For greater certainty, you are responsible for complying with all applicable trade restrictions, regulations and laws both foreign and domestic.

12. No Unlawful or Prohibited Use

You will not use the Plannin’ Site for any purpose other than to access and use the Plannin’ Site in accordance with these Terms of Use. Without limiting the generality of the foregoing, you will not, directly or indirectly, as applicable: (a) disable or interfere in any way with servers or networks connected to the Plannin’ Site; (b) attempt to gain unauthorized access to the Plannin’ Site; (c) transmit or communicate in any way on the Plannin’ Site any data, information, media or any other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, inaccurate, intentionally misleading, or impersonates any other person; (iv) gives the impression that it originates from or is endorsed by us or any other person or entity, if that is not the case; (v) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, exploitative, obscene, harmful, sexually explicit, inflammatory, offensive or discriminatory in any way or is otherwise objectionable; (vi) is harmful to minors in any way or targeted at minors; (vii) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party; (viii) violates, or encourages any conduct that may violate, any applicable laws or would give rise to civil or criminal liability; (ix) discloses or provides information protected under any law, agreement or fiduciary relationship, including proprietary or confidential information of others; (d) use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Plannin’ Site or any part thereof or otherwise attempt to discover any source code; (e) use the Plannin’ Site for the purpose of building a similar or competitive offering; (f) violate the terms of use of any third party website that is linked to the Plannin’ Site; (g) advertise to, or solicit, any User to buy or sell any third party products or services, or use any information obtained from the Plannin’ Site in order to contact, advertise to, solicit, or sell to any User without their prior express consent; (h) encourage any other commercial activities, including, without limitation, any “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation not expressly permitted in these Terms of Use or on the Plannin’ Site; (i) publish or in any way distribute the Content except as may be expressly permitted in these Terms of Use or on the Plannin’ Site; (j) reidentify the Content to associate the Content with an individual or specific mobile device by using any method, including merging external data with the Content, or use the Content to attempt to identify the behaviour of a known individual for any reason; (k) copy or store any significant portion of the Content; (l) mirror or frame the Plannin’ Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages; or (m) authorize, permit, enable, induce or encourage any third party to do any of the above.

13. Communications

To the extent the Plannin’ Site allows you to interact with other Users, you are solely responsible for any interactions with other Users of the Plannin’ Site, including any communications that you exchange through the Plannin’ Site. We reserve the right, but have no obligation, to review disputes between you and other Users of the Plannin’ Site, including the right to review communication exchanged through the Plannin’ Site, based on any reports that we receive alleging the violation of these Terms of Use. Though we strive to enforce the Terms of Use with all of our Users, you may be exposed through the Plannin’ Site to Content that violates our policies or is otherwise offensive. You access the Plannin’ Site at your own risk. We may, but are not obligated to, remove Content from the Plannin’ Site for any reason, including if we determine or suspect that such Content violates these Terms of Use. We are merely acting as a passive conduit for such distribution and we take no responsibility for your exposure to Content on the Plannin’ Site whether it violates our content policies or not. To the fullest extent permitted by applicable law, you hereby release us from all liability for you having acquired or not acquired Content through the Plannin’ Site.

14. Confidentiality

We do not guarantee the confidentiality of any communications made by you through the Plannin’ Site. We do not guarantee the security of data transmitted over the internet or public networks in connection with your use of the Plannin’ Site. You acknowledge that in the course of using the Plannin’ Site, you may come into contact with our confidential information, and you agree to protect and keep confidential such confidential information and disclose it only as necessary to comply with these Terms of Use or with any applicable laws compelling disclosure. You agree that upon expiration or termination of these Terms of Use, you shall destroy, return or delete any such confidential information in your possession.

15. Feedback

You agree that any suggestion, feedback or idea provided by you (collectively, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use or otherwise will restrict our right to use, profit from, disclose, publish or otherwise exploit any Feedback, without compensation to you and without any obligation to you. You grant to us and any of our affiliates and, if applicable, our service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and licence to use, license, distribute, reproduce, modify, adapt, translate, distribute, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Plannin’ Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. You will not have any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of any use, alteration, blurring, distortion or use in composite form of any Feedback. You hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.

16. Third-Party Content, Websites or Services

(a) The Plannin’ Site may provide or publish links or access to third-party content, websites, or services, including, among others, Priceline, Get Your Guide, Booking.com and OpenTable. Likewise, we may allow you to access the Plannin’ Site from third-party systems. We do not represent that we have reviewed such third-party websites and are not responsible for them or any content appearing on them. Trademarks displayed in conjunction with such third-party content, websites, or services are the property of their respective owners. We do not endorse any third-party content, websites, services, or systems, or guarantee or warrant their quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose. Third-party content, websites, services, or systems are not under our control, and if you choose to access any such content, websites, or services, or to access the Plannin’ Site from such systems, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third- party content, websites, services, or systems and agree to accept and comply with any such terms of use.
(b) Your interactions with any other entities and/or individuals found on or through the Plannin’ Site, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities and/or individuals. You agree that to the fullest extent permitted by applicable law we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

17. Malicious Code and Security

The downloading and viewing of Content are done at your own risk. We do not guarantee or warrant that the Plannin’ Site is compatible with your computer system or mobile device or that the Plannin’ Site, or any links from the Plannin’ Site, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of the Plannin’ Site.

18. Disclaimer

THE LAWS OF CERTAIN JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS OTHERWISE SET OUT IN THESE TERMS OF USE, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT, UNLESS OTHERWISE EXPRESSLY SET OUT IN THESE TERMS OF USE, THE PLANNIN’ SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED IN THESE TERMS OF USE OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLANNIN’ SITE AND PRODUCTS AND SERVICES WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE PLANNIN’ SITE AND PRODUCTS AND SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD-PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE PLANNIN’ SITE.

IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION TO THE PRODUCTS AND SERVICES OR OUR PROVISION THEREOF FOR WHATEVER REASON, EVEN IF WE HAVE BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF THE PRODUCTS AND SERVICES OR PROVISION THEREOF, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY PURCHASE MADE BY YOU. AS SOON AS WE HAVE IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, WE WILL USE REASONABLE EFFORTS TO PROVIDE THE PRODUCTS AND SERVICES AS SOON AS REASONABLY POSSIBLE.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES AND SERVICES PROVIDERS AND ANY SUCCESSORS AND ASSIGNS OF THE FOREGOING (COLLECTIVELY WITH US, THE “PROVIDER RELATED PARTIES”) BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES; OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE PLANNIN’ SITE OR THE INABILITY TO MAKE USE OF THE PLANNIN’ SITE, OR THESE TERMS OF USE. IF

YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLANNIN’ SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SITE, EXCEED $100. THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ANY OF THE PROVIDER RELATED PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, PANDEMICS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

20. Indemnification

EXCEPT TO THE FULLEST EXTENT PROHIBITED BY APPLICABLE LAW, YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE PROVIDER RELATED PARTIES FROM AND AGAINST ANY CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE INCLUDING REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USER DATA AND, IF APPLICABLE, ANY USER SUBMISSION; (B) YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE OR ANY DOCUMENTS REFERENCED HEREIN; (C) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY (INCLUDING INTELLECTUAL PROPERTY RIGHTS); (D) ANY VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPYWARE, MALWARE, CANCELBOTS OR OTHER SIMILAR HARMFUL OR DELETERIOUS PROGRAMMING ROUTINES INPUT BY YOU INTO THE PLANNIN’ SITE; OR (E) YOUR USE OR, IF APPLICABLE, THE USE BY ANY AUTHORIZED USER USING YOUR USER ACCOUNT OF THE PLANNIN’ SITE. WE RESERVE THE RIGHT, AT OUR OWN COST, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENCES. YOU AGREE THAT THE PROVISIONS IN THIS SECTION WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT, THE TERMS OF USE OR YOUR ACCESS TO THE PLANNIN’ SITE.

21. Term and Termination

These Terms of Use will commence on the day you first use the Plannin’ Site and will continue for as long as you use the Plannin’ Site or until terminated in accordance with the provisions of these Terms of Use (the “Term”). At any time, we may: (a) suspend or terminate your rights to access or use the Plannin’ Site; or (b) terminate these Terms of Use for any reason without cause. You may terminate these Terms of Use at any time and with immediate effect by ceasing use of the Plannin’ Site and deleting any User Account. For greater certainty, if you continue to use any portion of the Plannin’ Site after these Terms of Use have been terminated, these Terms of Use will continue to apply to the extent of such use. In the event of termination, you are no longer authorized to access the benefits of the Plannin’ Site.

22. Geographic Restrictions

We make no representation, warranty or guarantee that the Plannin’ Site is or will be available for use in all locations outside Canada or all locations within Canada. We provide the Plannin’ Site for use only by persons located in Canada, excluding Quebec. This Plannin’ Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Plannin’ Site from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

23. General Provisions

(a) Choice of Law. Except as restricted by applicable law, these Terms of Use will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law and such laws apply to your access to or use of the Plannin’ Site, notwithstanding your domicile, residency or physical location. You will only use the Plannin’ Site in jurisdictions where the Plannin’ Site may lawfully be used. Except as restricted by applicable law, you hereby consent to the exclusive jurisdiction and venue of courts in Toronto, Ontario in all disputes arising out of or relating to the use of the Plannin’ Site. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. This choice of jurisdiction does not prevent us from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
(b) Entire Agreement. These Terms of Use, including all terms and conditions incorporated by reference, constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Plannin’ Site and the Products and Services. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(c) Survival. The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: Sections 3 (User Data, User Submissions, and Privacy), 9 (Ownership of and Licence to the Plannin’ Site), 10 (Additional Terms), 13 (Communications Not Confidential), 16 (Third-Party Content, Websites or Services) 17 (Malicious Code and Security), 18 (Disclaimer), 19 (Limitation of Liability), 20 (Indemnification), and 23 (General Provisions).
(d) Waiver. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.
(e) Severable. If any of the provisions contained in these Terms of Use are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such provision will be severed from these Terms of Use and all other provisions of these Terms of Use will remain in full force and effect.
(f) Assignment. You will not assign these Terms of Use to any third party without our prior written consent. We may assign these Terms of Use or any rights under these Terms of Use to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this Section 24(f) will be null and void. The terms of these Terms of Use will be binding upon permitted assignees. These Terms of Use will inure to the benefit of and be binding upon the parties, their permitted successors and permitted assignees.
(g) Dispute Resolution. If you believe that we have not adhered to these Terms of Use, please contact us using the contact information listed below. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

24. Contact

If you have any questions or comments regarding these Terms of Use, please contact us at [email protected].

25. Third-Party Browser Extension Terms

(a) Apple App Store Additional License Terms. If the Plannin’ Site is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the Plannin’ Site and Content thereof is governed by these Terms of Use. Notwithstanding anything to the contrary hereunder, you may use the Plannin’ Site only on a device that you own or control. You acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Plannin’ Site. In the event of any failure of the Plannin’ Site to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Plannin’ Site to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Plannin’ Site, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use. Any claim in connection with the Plannin’ Site related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim. Any third-party claim that the Plannin’ Site or your possession and use of the Plannin’ Site infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim. You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties. You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Plannin’ Site at the contact information below. Apple is a third-party beneficiary to these Terms of Use and may enforce these Terms of Use against you. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
(b) Firefox Extension Workshop Additional License Terms. If the Plannin’ Site is provided to you through the Mozilla Corporation (Mozilla Corporation together with all of its affiliates, “Mozilla”) Firefox Extension Workshop, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: You acknowledge that Mozilla is not responsible for providing support services for the Plannin’ Site. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Firefox Add-on Policies (the current version as of the date these Terms of Use was last updated is located at https://extensionworkshop.com/documentation/publish/add-on-policies) the terms and conditions of Firefox Add-on Policies will apply to the extent of such inconsistency or conflict. These Terms of Use and the Plannin’ Site include all security permissions and user data necessary for the Plannin’ Site to function. Mozilla reserves the right to remove the Plannin’ Site in its sole discretion. Please review our current Privacy Policy, which describes the manner in which we collect, use and disclose Personal Information, including Browser Activity.
(c) Google Chrome Web Store Additional License Terms. If the Plannin’ Site is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Chrome Web Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: You acknowledge that Google is not responsible for providing support services for the Plannin’ Site. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Terms of Service (the current version as of the date these Terms of Use was last updated is located at https://ssl.gstatic.com/chrome/webstore/intl/en/gallery_tos.html), the terms and conditions of Google’s Terms of Service will apply to the extent of such inconsistency or conflict. Google reserves the right to remove the Plannin’ Site in its sole discretion.
(d) Opera Web Store Additional License Terms. If the Plannin’ Site is provided to you through the Opera Unite Pte. Ltd. (Opera Unite Pte. Ltd. together with all of its affiliates, “Opera”) Opera Web Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: You acknowledge that Opera is not responsible for providing support services for the Plannin’ Site. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Opera Terms of Service (the current version as of the date these Terms of Use was last updated is located at https://www.opera.com/terms), the terms and conditions of Opera’s Terms of Service will apply to the extent of such inconsistency or conflict. Opera reserves the right to remove the Plannin’ Site in its sole discretion.

26. Third-Party Application Terms

(a) Apple App Store Additional License Terms. If the Plannin’ Site, in whole or in part, is provided to you through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: The parties acknowledge these Terms of Use are concluded between the parties, and not with Apple. The responsibility for the Plannin’ Site and content thereof is governed by these Terms of Use. Notwithstanding anything to the contrary hereunder, you may use the Plannin’ Site only on an iPhone or iPod touch that you own or control. You and we acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the Plannin’ Site. In the event of any failure of the Plannin’ Site to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Plannin’ Site (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Plannin’ Site, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use. Any claim in connection with the Plannin’ Site related to product liability, a failure to conform to applicable legal or regulatory requirements, or claims under consumer protection or similar legislation is governed by these Terms of Use, and Apple is not responsible for such claim. Any third-party claim that the Plannin’ Site or your possession and use of the Plannin’ Site infringes that third party’s intellectual property rights will be governed by these Terms of Use, and Apple will not be responsible for the investigation, defense, settlement and discharge of such intellectual property infringement claim. You represent and warrant that you are not: (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties. You may contact us in writing regarding any notices, questions, complaints or claims with respect to the Plannin’ Site at the contact information noted above. Apple is a third-party beneficiary to these Terms of Use and may enforce these Terms of Use against you. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with Apple’s applicable instructions for Minimum Terms for Developer’s End User License Agreement (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/) or the App Store Terms of Service (the current version as of the date these Terms of Use was last updated is located at: http://www.apple.com/legal/internet-services/itunes/ca/terms.html), the terms and conditions of Apple’s instructions for Minimum Terms for Developer’s End User License Agreement or App Store Terms of Service, as applicable, will apply to the extent of such inconsistency or conflict.
(b) Google Play. If the Plannin’ Site, in whole or in part, is provided to you through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play store, the following terms and conditions apply to you in addition to all the other terms and conditions of these Terms of Use: You acknowledge that Google is not responsible for providing support services for the Plannin’ Site. If any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement (the current version as of the date these Terms of Use was last updated is located at https://play.google.com/about/developer-distribution-agreement.html), the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.