Terms and Conditions
Updated 2nd September 2019
By using Plan Social Inc.’s PlanSocial (formerly known as PTAsocial) Community Hub and Web Builder service (“The Service”), you (“you”) agree to the following Terms and Conditions.
1. Acknowledgement & Acceptance of Terms of Service
1.1 The Service is owned and operated by Plan Social Inc., and is provided to you under the ‘Terms & Conditions’ herein. Plan Social Inc. may at any time modify the ‘Terms & Conditions’ without any prior notice. Any such changes will be displayed on the Plan Social Inc website at URL http://www.plansocial.co, https://plansocial.app or any subsequent URL as Plan Social Inc. may determine.
1.2 Your continued use of the service (as defined below) thereafter will constitute acceptance of such changes. The ‘Terms & Conditions’ and your registration information are the complete ‘Terms & Conditions’ between you and Plan Social Inc. regarding this Service, and supersede any other prior ‘Terms & Conditions’ or communications between Plan Social Inc. and you.
1.3 The Service offers a web application for schools, Parent Teacher Associations, Parent Teacher & Friends Associations, Home School Associations or similar (‘PTAs’) to publish and communicate details of fundraising news and events in their school. Persons with authority to subscribe to the PlanSocial service on behalf of a PTA (‘Community Managers’) are able to invite users via email to register with their community. All users are provided with a login username and password in order to browse events, volunteer for tasks, purchase tickets for events or communicate with fellow members.
2. PlanSocial Charges. Plan Social Inc. offers a free trial for a period of 14 days of the services known as Web Builder and Community Hub. Additionally, a standalone Community Hub service is offered with a limited number of members and live listed events, which is supported by location-based advertising. Paid services are offered on the plansocial.co website, incorporating the Web Builder Service. Prices are subject to change without notice going forward. Advertising will be location-based and suitable for family audiences and will be in email banners in existing emails, and may in future take the form of banner ads within the app or website.
3. Your Obligations
3.1 You agree you will not use the Service for any illegal purpose, or for the transmission of information that is libellous, unlawful, harassing, abusive, threatening, abusive of another’s privacy, harmful, vulgar, defamatory, obscene, pornographic, or in any way that may infringe the laws governing, but not exhaustively covering, copyright, intellectual property rights, trademarks, pornography, or any other material that is slanderous, defamatory or might cause offence in any way.
3.2 Your Conduct. The user agrees that they will not use the Service in such a manner that is inconsistent with these Terms & Conditions or engage in any action that might be considered system abuse in the opinion of Plan Social Inc., including but not limited to: All messages are the sole responsibility of the person from whom such messages originated. We cannot be held responsible for the messages or any other activities conducted through your Account. Accordingly, you agree that you, and not Plan Social Inc., are solely responsible and liable for all activities conducted through your Account. The account must not be used for ‘spamming’ members of the school community. You accept that the school or PTA committee, not Plan Social Inc., is responsible for ensuring that the system is not abused in this way.
3.3 Plan Social Inc. reserves the right, but does not assume the responsibility, to monitor or review your conduct on the service. Your use of the service is subject to all applicable local, national and international laws and regulations. In using the service you agree not to:
- Use the service for illegal purposes.
- Use the service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process.
- Collect information about other users, including email addresses, without their consent.
- Transmit through the service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature.
- Invade another’s privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the service.
- Transmit through the service any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, national or international law or regulation.
- Interfere with another user’s use and enjoyment of the service.
- Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user.
- Create a false identity for the purpose of misleading others as to your identity or the origin of a message.
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
- Attempt to gain unauthorised access to the service, other accounts, computer systems or networks connected to the service.
3.4 Your Set-up Obligations.
To use the Service both Your school or PTA and You as an individual must be registered with the Plan Social Inc. Service. The designated Community Manager must have proper authority to enter into the Agreement on behalf of the school or PTA. No more than one account must be registered per school or PTA. Duplicates may be removed without notice.
3.5 Your Account, login username, Password & Security.
You agree to provide true, accurate, correct and complete information and accept the responsibility of maintaining changes to such information. You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use. Plan Social Inc. reserves the right to decline any application to register in its sole discretion. If You are accepted, You will receive from Plan Social Inc. an account username and password. Plan Social Inc. reserves the right to terminate Your account if any information provided by You in the registration process is untrue, inaccurate or out-of-date. When using the service You have sole responsibility for maintaining the security and confidentiality of all passwords and User names. You accept total responsibility for these access details and for any consequence of these access details being divulged.
4. Privacy & Security.
4.1 Plan Social Inc. considers any messages sent via the Service to be private correspondence between the sender and recipient. Plan Social Inc. shall not edit, or disclose the contents of any communication, except that You agree, Plan Social Inc. may do so: (a) as required by law (b) to comply with legal process (c) to conform to the limitations of the Service, or (d) to conform to other, similar technical requirements.
4.2 You acknowledge and agree that Plan Social Inc. does not endorse the content of Your communications, and cannot be held responsible for any communications accessed, distributed or received by the user via the Service. Plan Social Inc. is not responsible or liable for any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material, or content that infringes or may infringe the intellectual property or rights of another.
4.3 Plan Social Inc. reserves the right to send e-mail to its Users who are Community Managers concerning Plan Social Inc. products, which Plan Social Inc. deems, may be of interest to them. This may include regular newsletter with product-related news. Plan Social Inc. reserves the right to send e-mail to its Users timely system-generated messages to encourage usage of the system that will benefit their community as a whole, e.g. automated task reminders.
4.4 All personal information will be kept confidential and not passed on to third parties without The user’s consent, unless Plan Social Inc. is required to provide such information by law or is requested to do so by any regulatory or governmental authority.
4.5 Plan Social Inc. may disclose information about the user and the user’s use of the service to advertisers or third parties, but such information will not include the user’s name, mailing addresses, electronic address, telephone, facsimile number, user name or password. Plan Social Inc. may disclose that the PTA or User is registered on the service to other users on the service.
5. Proprietary Rights & Data Protection. You acknowledge and agree that Plan Social Inc. owns all rights, title and interest in the Service and the Plan Social website (the “Intellectual Property Rights”). All Intellectual Property Rights, together with any trademarks belonging to sponsors or advertisers shall not be copied, altered, reproduced etc. without prior consent. You obtain no rights under this ‘Terms & Conditions’ in relation to the Intellectual Property Rights.
6. Disclaimer of Warranties
6.1 You expressly agree to use the Service at your sole risk. Except as set out in these ‘Terms & Conditions’, Plan Social Inc. excludes all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to these ‘Terms & Conditions’, whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose. Plan Social Inc. does not represent or warrant that the Services will meet your requirements, or that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Plan Social Inc. does not warrant or represent that the use or the results of the use of the Service or the materials made available, as part of the Service, will be correct, accurate, timely, or otherwise reliable.
6.2 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of this Service is done at your sole discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such data or material. No advice or information, whether oral or written which was obtained from Plan Social Inc. or through the Service shall create any warranty not expressly made herein.
6.3 You specifically agree that Plan Social Inc. shall not be responsible for unauthorised access to or alteration of the user’s transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Plan Social Inc. is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Plan Social Inc. is not responsible for any content sent using and/or included in the Service by any third party.
6.4 The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Plan Social Inc. and/or its respective suppliers may make improvements and/or changes in the Service at any time.
6.5 PLAN SOCIAL INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. PLAN SOCIAL INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
6.7 PTA EVENT DISCLAIMERS & LIMITATION OF LIABILITY. YOUR PARTICIPATION IN ANY PTA EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. THE PTA MAY REFUSE ADMITTANCE, MAY CHARGE A FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING THE SERVICE YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY PTA EVENT, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF THE EVENT. PLAN SOCIAL INC. HAS NOT TRIED TO CONTRADICT OR MINIMISE YOUR UNDERSTANDING OF THESE RISKS. BY USING PLAN SOCIAL INC., YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PTA EVENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE PLAN SOCIAL INC. FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS PLAN SOCIAL INC. , ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY PTA EVENT. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENT.
7. Limitation of Liability
7.1 Subject to any charges actually paid to Plan Social Inc. for the Services, Plan Social Inc. shall not be liable to You under, or in connection with, these ‘Terms & Conditions’, in contract, tort, negligence, pre-contract or other representations (other than fraudulent or negligent misrepresentation) or otherwise for any economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or any special indirect or consequential loss in any case whether or not such losses were within the contemplation of the parties at the date the user accepts these ‘Terms & Conditions’.
7.2 You agree that Plan Social Inc. and Providers of third party services for Plan Social Inc. will not be liable for any damages, including without limitation, consequential, incidental, punitive, direct, or special damages, arising out of Your use of or inability to use Plan Social software or Services, or the goods or services of other members provide or the actions or inaction of such other members and the user hereby waives any claims with respect thereto, whether based on contract, tort or other grounds, even if Plan Social Inc. has been advised of the possibility of damages. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to You.
8. Indemnity. You agree to indemnify and hold harmless Plan Social Inc. and it’s subsidiaries, affiliates, officers and employees from any claim or demand, including any made by a third party, arising out of the user’s use of the Service or any interference with the Intellectual Property Rights. You agree not to hold Plan Social Inc. and its parent, subsidiaries, affiliates, officers and employees responsible for any direct or indirect damage resulting from the use of the Service, in particular, but not limited to; the use or impossibility to use the Service, confidence in information obtained through the Service, errors and omissions, defects, viruses, delays in transmission, interruption of Service or loss of data. Further Plan Social Inc. disclaims, and You agree, any responsibility for the performance of its messaging and any other Internet sites accessible through the Plan Social Inc. Service.
9.1 Plan Social Inc. may terminate Your access to any part or all of the Service and any related service(s) at any time, with or without notice, effective immediately, if Plan Social Inc. believes that You are in breach of these Terms and Conditions.
9.2 Plan Social Inc. may also terminate or suspend Your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by Plan Social Inc.. Upon termination of the Service, Your right to use the Service immediately ceases.
9.3 Members are able to delete themselves at any time via their profile page preferences. Community Managers may assign or revoke access to members or other Community Managers at any time. When members are deleted, their email address is deleted but their names and interactions are retained, to provide continuity to remaining members. However if, as a Community Manager, You wish to terminate your entire community hub account, and permanently remove all names, please email email@example.com. Your account and all associated events and, tasks will remain, however any member details will be completely anonymised. This is so that collated anonymised data regarding community events can be used to help other schools and PTAs to perform better and achieve greater success.
9.4 You acknowledge that any termination of an account or Services under any provision of these ‘Terms & Conditions’ may be affected without prior notice, and that your entitlement to use the Service ceases immediately. Plan Social Inc. may then immediately bar access to your account.
10. NO Spam; Damages. Plan Social Inc. will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk e-mail In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then the user agrees to pay Plan Social Inc. liquidated damages of $5 for each piece of Spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay Plan Social Inc. actual damages, to the extent such actual damages can be reasonably calculated.
11. Links to Third Party Sites. The Service may provide links to other Internet, sites, resources or Services. You acknowledge that Plan Social Inc. is not responsible for any such external links. You agree that Plan Social Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or Services available of such external sites or resources.
12. No Resale of Service. You agree not to resell, assign, transfer, charge or deal in any other manner with its rights hereunder or part thereof the Service offered by Plan Social Inc., without Plan Social Inc.'s express permission in writing. You may not copy, reproduce, distribute, publish, create derivative works, store electronically, transmit or in any way exploit for commercial gains or otherwise, any content or posted information on the Service. You may not create bots or other computer generated automatic tools to create events, tasks and users, nor abuse the service in any manner.
13. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights.
14. Modifications to terms of Service, Member Policies. Plan Social Inc. reserves the right to change this ‘Terms & Conditions’ or its policies regarding the use of the Service at any time and to notify You by posting an updated version of the ‘Terms & Conditions’ on this Web site. The user is responsible for regularly reviewing the ‘Terms & Conditions’. Continued use of the Service after any such changes shall constitute your consent to such changes.
15.1 These ‘Terms & Conditions’ will be construed and enforced under the laws of the State of Delaware, USA without reference to the choice of law principles thereof. You hereby consent to and submit to the jurisdiction of the federal and state courts located in the State of Delaware, and waive and defences based upon lack of personal jurisdiction or venue, or inconvenient forum.
15.2 If any of the provisions of these ‘Terms & Conditions’ is held to be invalid or unenforceable, such provision shall, at Plan Social Inc. discretion, be struck and the remaining provisions shall be enforced.
15.3 You may not assign or transfer all or any part of its rights and/or obligations under this ‘Terms & Conditions’. Plan Social Inc. may at any time assign all or any part of its rights hereunder without consent from You, provided that Plan Social Inc. gives You prior notice thereof.
15.4 This ‘Terms & Conditions’ constitutes the entire ‘Terms & Conditions’ between Plan Social Inc. and You with respect to your use of the Service and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Plan Social Inc. and You with respect thereto.
15.5 The benefit of each indemnity hereunder shall survive the termination or expiration of this ‘Terms & Conditions’.
15.6 Neither party shall be liable nor deemed to be in default for any delay or failure in performance under this ‘Terms & Conditions’ resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failures of transportation or telecommunications, machinery or suppliers, vandalism, or any similar cause beyond the reasonable control of either party.
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