PLAN A DAY
TERMS AND CONDITIONS OF USE
Last Update: March 24, 2020
Welcome to Plan a Day (“Plan a Day,” “we”, “us” or “our”) and our Terms and Conditions of Use (these “Terms”). These Terms are important and affect your legal rights, so please read these Terms carefully before using the www.planaday.com website, Plan a Day applications, and the Plan a Day kiosks and ticketing service (referred to as the “Service” or the “Services”). These Terms govern your access to and use of the Service, including the messages, information, data, text, software, images and other content that make up the Plan a Day websites, applications, and kiosk user interface (the “Content,” which Content is part of the Service).
Our objective is to make your purchasing experience easy and efficient, in order to allow you to “plan a day”. However, Plan a Day does not own the tickets, coupons or events you purchase through the Service. We sell tickets and coupons (including other items) on behalf of our Service Partners (as defined below), which means we do not determine certain details such as seating locations or the availability of such goods. When you make a purchase through the Service you are purchasing from our Service Partners and our third-party payment processor will be handling the transaction and collecting the payment for your purchase.
In these Terms, “Packages(s)” means a combination of promotions aggregated by Plan a Day from Service Partners, including, but not limited to, admission tickets to attractions, free coupons to local retailers and restaurants and, various marketing materials provided by a Service Partner which enable you to “plan a day”.
In these Terms, “Postings” refer to the text, images, comments, or other information posted to the Service including, but not limited to, information about Service Partners and their marketing or promotional campaigns.
In these Terms, “Service Partner” means any entity which Plan a Day contracts with in order to provide the contents of a Package.
In these Terms, “User” means anyone who accesses the Service for any purpose.
Your use of the Service is conditional on your acceptance of these Terms. By visiting or using the Service you agree on your own behalf, and on behalf of any organization or any other person on whose behalf you may act (collectively referred to herein as “you”), to accept and abide by these Terms for each use of and each visit to the Service. Users must not use the Service in any manner that is unlawful (including by accessing the Service from any location where such access may be illegal or prohibited).
If you do not agree to abide by these Terms, you cannot access or use the Service. You agree to have these Terms and any related information made available to you, and to otherwise have communications between you and us occur, electronically.
We have the right, in our sole discretion, to add to, remove, modify or otherwise change any part of these Terms, in whole or in part, at any time. If we exercise this right, the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms are posted to the Service. It is your responsibility to check these Terms each time you access the Service to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms. If any change to these Terms is not acceptable to you, you must discontinue your use of the Service immediately. Except to the extent that your express consent to any change to these Terms is required under applicable law, your continued use of the Service after any such changes are posted will constitute acceptance of those changes. These Terms apply exclusively to your use of the Service and do not alter the terms or conditions of any other agreement you may have with us.
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Service, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Service; (ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of the Service or any features of the Service; (iii) removing, adding, modifying or otherwise changing any Content on the Service, (iv) removing, adding, modifying or otherwise changing any aspects of a Package (as defined below); and (v) removing, adding, modifying or otherwise changing any third party sponsorship associated with a Package or the Service generally. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Service at any time without notice, but confirm that we have no duty to do so.
You must be 18 years of age or older and of at least the age of majority in the jurisdiction in which you reside as of the time you register or use a Service with us.
Any mobile application downloaded via a third-party store, such as iTunes or Google Play, may be subject to additional terms and conditions applicable to such store. You acknowledge and agree that the owner of such third-party store is not a party to these Terms.
If you are not entering into these Terms as an individual for yourself, you represent that you have the authority to enter into these Terms on behalf of your company or other person on whose behalf you may be entering into these Terms (“Organization”). As an Organization, any reference to “you” within these Terms shall also jointly be a reference to your Organization.
3. Limited Licenses
Subject to these Terms, you are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited right and license to use the Service, including the Content therein accessible through the Service, solely for informational purposes and solely for your own personal use or your internal business use if you are an Organization.
You may not, nor may you cause or assist another to:
(a) modify, reverse engineer, decompile, create derivative works from, or disassemble the Service for any reason whatsoever, including for the purpose of creating competitive products or services;
(b) resell any Content or include any Content in or with any product that you create or distribute;
(c) copy any Content onto your own or any other web site or into a database or mobile application;
(d) cause physical loss or damage to the Services;
(e) use the Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Service or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through the Service (including without limitation uploading, posting or otherwise transmitting on the Service any computer viruses, trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the infrastructure of the Service);
(f) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Service or the Content in whole or in part;
(g) use the Service for commercial purposes or activities including without limitation:
(i) selling or offering to sell any goods or services;
(ii) soliciting for advertisers or sponsors;
(iii) soliciting for donations; or
(iv) sending unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
(h) use the Service in any manner that may dilute or depreciate our name or reputation, our Marks (as defined below) or our affiliates, subsidiaries, service partners or associates;
(i) post any content to the Service that may infringe upon any third-party copyright, registered patent(s), proprietary rights or Third Party Marks (as defined below); or
(j) interfere with any other persons’ use and enjoyment of the Service or of the kiosks or the Internet generally.
To the extent you are in breach of your obligations under these Terms, Plan a Day may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of the Service (including any perceived violations of applicable law), in each case as may be permitted by or required to satisfy applicable law. Moreover, Plan a Day reserves the right, exercisable in its sole discretion, to take any action to cure any risk or threat to the Services caused by a breach of your obligations.
4. Responsibilities of Users on Service Partner Premises
(a) As a User, you agree that you will oversee and manage each person on whose behalf you act or is part of your Organization as applicable, including while utilizing a Package at any Service Partner premises. While you are attending any Service Partner premises you shall:
(i) not cause any property loss or damage;
(ii) strictly abide by all the terms and conditions of a Package (including any tickets or coupons thereof) whether imposed by Plan a Day or by any Service Partner;
(iii) strictly abide by any terms and conditions applicable to any Service Partner premises; and
(iv) not disparage the Services or violate these Terms.
You agree that Plan a Day has no control and, to the maximum extent permissible under applicable law, expressly disclaims any and all liability and responsibility regarding a Service Partner’s obligation to you or your Organization, as applicable, as a result of using the Service, including their conduct during your use of any Package.
5. Transaction Terms
(a) Your use of certain services provided within the Service is contingent upon your payment of fees, as such fees are set out in the Service and as amended from time to time. Please note that prices and charges associated with the Service are set out in the applicable currency associated with the Package(s).
(b) Plan a Day (or a third-party payment processor on our behalf) will invoice you on both a per transaction and subscription basis, as applicable, for fees due with respect to the Service, as well as any processing fee charged to Plan a Day by our third-party payment processor, if applicable.
(c) Payments may be processed on behalf of Plan a Day by a third-party payment processor using their secure site. Upon submitting your order, your information will be sent to the third-party payment processor. Personal information that you submit during the payment process is subject to our Privacy Statement.
(d) You are responsible for and agree to pay promptly, all charges, including applicable taxes, incurred in connection with the Service. You agree and accept responsibility for providing accurate information in connection with your use of the Service, including your name, address, payment information, telephone number, and email address.
(e) Plan a Day reserves the right to change the prices, fees and charges associated with the Service at any time and from time to time without any notice or any liability to you or any other person. Plan a Day reserves the right to limit the Service provided to any user. Plan a Day also reserves the right at any time to reject, cancel or terminate any transaction.
6. Proprietary Rights
The Service is protected by international copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “Plan a Day,” constitute trade-marks, trade names, trade dress and associated products and services of Plan a Day or its affiliates or subsidiaries (the “Marks”) or constitute trade-marks, trade names, trade dress and associated products and services of Plan a Day Service Partners, suppliers or other third parties (the “Third Party Marks”) and are protected in the U.S. and internationally and their display on this Service does not convey or create any license or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of Plan a Day or such third party, as applicable, is strictly prohibited.
If you believe in good faith that any of the content on the Service infringes your copyright, please provide our copyright agent the written information specified below:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Service;
(d) Your address, telephone number and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Plan a Day’ copyright agent for notice of claims of copyright infringement can be reached as follows: [email protected]
7. Linked Services
Certain links on this Service or in Postings made or shared through this Service may take you to other web sites that are not owned or operated by Plan a Day. Plan a Day provides these links only as a convenience. Plan a Day is not responsible for the content of any such linked web sites. Plan a Day makes no representation or warranty regarding, and does not endorse, such linked web sites, the information or other content appearing thereon or any of the products or services available on or through such web sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We welcome you to link to this Service. However, you agree that if you link to this Service your website shall not (a) alter the visual presentation of this Service; (b) imply that Plan a Day is endorsing you or any other person, or your or such other person’s products or services; (c) imply an affiliation between you or any other person, or your or such other person’s products or services, and Plan a Day without the prior written consent of Plan a Day; (d) misrepresent the relationship of you or any other person with Plan a Day or present false, misleading or otherwise damaging information or impressions about Plan a Day or any of its products or services; or (e) contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or inaccurate.
You acknowledge and agree that in no event will Plan a Day provide any form of remuneration for any links you may make to this Service.
8. Privacy Statement
Any personal information which Plan a Day collects via this Service is subject to the terms set forth in our Privacy Statement available at https://planaday.com//privacy-policy/.
When you interact with this Service, you agree that information about you and your use of this Service, including but not limited to, your name, email, contents of your purchase, the type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser may be communicated to us.
9. User Communications
Any non-identifiable information gathered by us through your use of this Service may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, and assess utilization of this Service and other service(s). You acknowledge and expressly agree that any and all such information may be shared with our affiliates, subsidiaries, Service Partners, suppliers, licensors, partners and clients in furtherance of the foregoing purposes.
10. User Submissions (solicited and unsolicited)
(a) Subject to any applicable law and the requirements of our Privacy Statement:
(i) We do not wish to obtain unsolicited ideas, including ideas for new Packages, new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to us.
(ii) Any communications sent by you to us via this Service or otherwise, including Submissions, whether solicited by us or otherwise, are on a non-confidential basis (other than personal information which is covered under our Privacy Statement), and we are free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favor of Plan a Day and its affiliates, subsidiaries, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
(b) We are not obliged to monitor, screen, police or edit your use of this Service or any Packages obtained through the use thereof, including any interaction with Service Partners and their respective services or other content you or others may contribute or acquire through this Service, although we may choose to do so in our sole discretion. We will respond as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of this Service, including without limitation use that may constitute copyright infringement.
(c) Users of this Service may be permitted to create, submit, or share Postings to this Service. In submitting any Postings, you agree:
(i) that you are solely responsible for your Postings and any other actions and communications undertaken or transmitted in the course of your usage of this Service, and that you will comply with all laws that apply or may apply to your use of or activities on this Service.
(ii) not to post any Postings that may: (A) harm, threaten, harass, abuse or intimidate any other person in any way; (B) involve materials that constitute, depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; (C) involve materials that constitute or depict any pornographic, lewd, obscene, or lascivious content; (D) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including Plan a Day; or (E) disclose any private or personal information about any person without that person’s permission.
(d) Comments or opinions expressed in each Posting are those of their respective contributors, and do not represent the views of Plan a Day. Plan a Day has no obligation to screen or censor any of the Postings, although as described above Plan a Day reserves the right to do so from time to time. As a result, Plan a Day has no control over, and disclaims any responsibility and liability for, the content, truth, accuracy, or completeness of any Posting, or the quality, safety or legality of the subject of the Posting. Each person making a Posting is solely responsible for the form, content and accuracy of such Posting. In addition, because user authentication on the Internet is difficult, Plan a Day cannot and does not confirm that each user is who they claim to be. As a result, you acknowledge there may be, and you assume all, risks associated with dealing with other Users with whom you come in contact through this Service, including without limitation risk of harm in dealing with strangers, foreign nationals, underage persons or people acting under false pretenses.
Your agree and acknowledge that any purchases made through the Service including, but not limited, to any Packages, admission tickets, coupons, campaign or marketing materials are non-refundable and will not be replaced if expired, destroyed, lost, stolen or purchased in error.
Occasionally, events or promotions may be cancelled or postponed. Should this occur, we may attempt to contact you to inform you if, in our sole discretion, you are entitled to a refund or an exchange. For exact instructions on any cancelled or postponed events or promotions, please contact us.
12. Disclaimers; Claims of Copyright Infringement
We make no representation or warranty and there are no conditions of any kind regarding this Service, the Content, Postings, Users, Service Partners or Packages, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content, Postings, Users, Service Partners or Packages, including that they are appropriate or available for use at any locations outside the United States. Accessing the Service, the Content, Postings, Users, or Packages from locations where the Service, the Content, Postings, or Packages is illegal is prohibited. Any diversion of the Services and/or any Content, Postings, Users, or Packages obtained from or through the Service contrary to applicable law is also prohibited. If you access this Service from locations other than the United States, then you do so on your own initiative and you are solely responsible for compliance with all applicable laws.
You acknowledge and agree that this Service (including without limitation the Content, Postings, Users, or Packages) is provided on an “AS IS” basis and that any use of or reliance on this Service shall be at your sole risk. Without limiting the foregoing, Plan a Day shall not be liable for any failure of or delay in the performance of any Service or these Terms, including without limitation, any failure or delay due to fire, flood, explosion, lightning, windstorm, earthquake, discontinuity in the supply of power, war, pandemic, epidemic, governmental interference, civil commotion, riot, terrorism, strikes, labor disturbance, failure or destruction, in whole or in part, of machinery or equipment or failure of supply of materials, transportation difficulties, labour shortage, or any other cause beyond the reasonable control of Plan a Day or any Service Partners.
We do not screen or censor the Postings, including any Service Partners, Packages or the Users. We are not involved in, not party to, and do not control, the actual engagement between Service Partners and Users. You agree that we are not responsible for the quality, safety, and condition of the Packages offered, the ability of Service Partners to provide the goods within the Package or the ability or suitability of the properties and/or premises of such Service Partners.
PLAN A DAY AND ITS AFFILIATES AND SUBSIDIARIES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SERVICE (INCLUDING THE CONTENT, POSTINGS, USERS, SERVICE PARTNERS OR PACKAGES). FOR GREATER CERTAINTY, PLAN A DAY DOES NOT WARRANT THAT THIS SERVICE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (iii) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (iv) CONTINUE TO OPERATE, (v) OPERATE WITHOUT INTERRUPTIONS, OR (vi) BE ERROR-FREE.
13. Limitation of Liability
YOU AGREE THAT IN NO EVENT WILL PLAN A DAY AND ANY OF ITS AFFILIATES, SUBISIDIARIES, OR ITS OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “PLAN A DAY REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SERVICE, THE CONTENT, POSTINGS, USERS, SERVICE PARTNERS OR PACKAGES FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SERVICE, CONTENT, POSTINGS, USERS, SERVICE PARTNERS OR PACKAGES, ANY POSTING OF THIRD PARTY MARKS OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES, CONTENT, POSTINGS, USERS, SERVICE PARTNERS OR PACKAGES, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF WE OR ANY PLAN A DAY REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
YOU ACKNOWLEDGE THAT PLAN A DAY ACTS AS TRUSTEE FOR THE PLAN A DAY REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOR OF ANY PLAN A DAY REPRESENTATIVE. PLAN A DAY AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH PLAN A DAY REPRESENTATIVE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You will indemnify, defend, and hold Plan a Day and the Plan a Day Representatives harmless from and against any claims brought by third parties arising out of your use of the Service, and any breach of these Terms by you, including any use of the Content other than as expressly authorized in these Terms. You agree that neither Plan a Day nor the Plan a Day Representatives will have any liability in connection with any such breach or unauthorized use or modification, and agree to indemnify, defend, and hold Plan a Day and the Plan a Day Representatives harmless from and against any and all resulting losses, damages, judgments, awards, costs, expenses, and lawyers’ fees in connection therewith.
15. Governing Law; Arbitration; Class Action Waiver
You agree that all matters relating to the access to, or use of, this Service shall be governed by the laws of the State of Nevada and the federal laws of the United States applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws.
Any dispute between us and you or any other person arising from, in connection with or relating to this Service, these Terms, any transaction through this Service or any related matters must be resolved before the courts of the State of Nevada sitting in Clark County, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, OR TO THE EXTENT THIS PROVISION IS EXPRESSLY PROHIBITED BY LAW, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF (INCLUDING ANY ACCESS TO) THE SERVICES AND ALL RELATED MATTERS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT PLAN A DAY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MAY OPT OUT. IN ORDER TO OPT OUT OF THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH US BY ARBITRATION, AND SUCH NOTICE SHOULD BE DELIVERED BY MAIL TO 333 BAY STREET, SUITE #2400, TORONTO ONTARIO M5H 2T6, , WITHIN 30 DAYS OF THE EARLIER OF (A) THE DATE YOU FIRST ACCESS OR USE THE SERVICE; AND (B) THE DATE YOU CLICK OR TAP ANY BUTTON OR BOX MARKED “ACCEPT,” “AGREE” OR “OK” (OR A SIMILAR TERM) IN CONNECTION WITH THESE TERMS. The arbitration will be administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rule (currently available at https://www.adr.org/sites/default/files/document_repository/Consumer_Rules_Web_1.pdf), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if applicable law allows, they can seek relief against us for you. If you opt-out of arbitration pursuant to the terms above, then the following jurisdiction and venue provision shall apply: All disputes arising out of or related to these Terms for which arbitration does not apply will be subject to the exclusive jurisdiction and venue of the courts of the State of Nevada sitting in Clark County, and the parties consent to the personal and exclusive jurisdiction of these courts.
Any cause of action by you with respect to the Service (and/or any information related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
16. Termination of Use
If you breach any provision of these Terms, then you may no longer use this Service. We, in our sole discretion, shall determine whether these Terms have been violated. You agree that we may, in our sole discretion, terminate or suspend your rights to use the Service with or without notice.
Upon termination or suspension of your rights to use the Service, regardless of the reasons therefore, your right to use this Service immediately ceases, and you acknowledge and agree that we may immediately delete all related information and files related to your use of the Service and bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
These Terms and the Privacy Statement constitute the entire agreement between us and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between us or our affiliates or subsidiaries and you with respect to this subject matter. Notwithstanding the foregoing, if you and Plan a Day agree to a written agreement and such agreement expressly overrides these Terms, the provisions of such agreement will prevail. If for any reason a court of competent jurisdiction finds any provision of these Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
No waiver of or consent to depart from the requirements of any provision of these Terms will be binding unless it is in writing and signed by Plan a Day. You and Plan a Day are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms.
The provisions of these Terms will enure to the benefit of and be binding upon you and Plan a Day and its respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without our express prior written consent, which may be withheld in our sole discretion. We may assign these Terms and our respective rights and obligations under these Terms without your consent.
The parties acknowledge and agree that Plan a Day’s affiliates and subsidiaries are third party beneficiaries of these Terms in respect of the Service, and that, upon your acceptance of these Terms, Plan a Day’s affiliates and subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms in respect of the Service against you as a third-party beneficiary thereof.
All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at [email protected]. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your Use of the Service. In addition, we may broadcast notices or messages through this Service to inform you of changes to this Service or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
19. Apple Terms and Conditions
In the event that you have downloaded a version of the Service for use on the iOS platform, the additional provisions set out in this Section apply to your use of such version of the Service. When we say “Apple” in this Section we mean “Apple Inc.”.
The parties acknowledge that these Terms are concluded between the parties only and not with Apple. Plan a Day, not Apple, is solely responsible for the Service and the content thereof. In the event that these Terms are less restrictive than Apple’s usage rules (the “Usage Rules”) set forth for the Service in, or otherwise be in conflict with, the Apple App Store Terms of Service as of the effective date of these Terms, such rules for the Service will not be in force to the minimal extent of such inconsistency.
The Service license is limited to a non-transferable license to use the Service on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service, except that such Service may be accessed and used by other non-commercial accounts associated with the purchaser via Family Sharing.
The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
To the extent any warranty is imposed upon the Service pursuant to any applicable law, in the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Service to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such warranty will be our sole responsibility.
The parties acknowledge that Apple is not responsible for addressing any of your claims, or those of any third party, relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy or similar legislation.
The parties acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, you, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with applicable third-party terms of agreement when using the Service.
The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms in respect of the Service, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms in respect of the Service against you as a third-party beneficiary thereof.
The parties have required that these Terms and all documents relating thereto be drawn up in English.