TERMS OF USE

THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) CONTAINS THE TERMS OF USE OF THE PLANTO MOBILE APPLICATION THE “APP”) AND WEBSITE TO BE ACCEPTED BEFORE USING PLANTO. PLEASE READ ALL OF THE FOLLOWING TERMS OF USE CAREFULLY. IF YOU AGREE TO BE BOUND BY ALL OF THIS TERMS OF USE, CLICK ON THE “ACCEPT” BUTTON. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THIS TERMS OF USE , YOU WILL BE INELIGIBLE TO USE THE APP AND WEBSITE.

  1. General
    1. This set of Terms of Use is made by and between Planto Limited (“we”, “us”, “our” or the “ Planto Limited”), and the user of this App (“you”, “Licensee”, or the “User”).
  2. Access to the App
    1. You understand that the App is available to you for downloading online through the Play Store or App Store. All use of the App shall be pursuant to this Terms of Use.
  3. License Grant and Restrictions
    1. Subject to your compliance with this Terms of Use , Planto Limited hereby grants you a personal, limited, non-exclusive and non-transferable license to use the App on your mobile device.
    2. You agree and accept that the App is the sole property of Planto Limited and includes valuable trade secrets of Planto Limited. Except as otherwise permitted, this license does not grant you the right to use the App for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works of the App. You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of the App.
    3. In any event, Planto Limited retains the exclusive ownership of the App, and except as expressly set forth herein, no other rights or licenses shall be granted or be implied under any Planto Limited’s intellectual property.
  4. Intellectual Property
    1. The graphics, designs, source codes and service names are the intellectual properties of Planto Limited and shall not be used, including as part of trademark and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
    2. All intellectual property rights subsisting in respect of the App belong to Planto Limited or have been lawfully licensed to Planto Limited for use on the App. All rights under applicable laws are hereby reserved. Except with the express permission of Planto Limited, you shall not be allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the App itself or create derivative works with respect thereto, as the App is copyrighted under applicable laws.
  5. Feedback
    1. We shall provide you with the opportunity to submit feedback to Planto Limited. We shall request this information from you by email, web questionnaires, in-app chatbox, bug forms, and other mechanisms. By agreeing to the Terms of Use , you agree that Planto Limited may contact you from time to time about the App, and you hereby consent to receive such communications. You agree that in the absence of a separate written agreement to the contrary, we shall be free to use any feedback you provide for any purpose.
  6. Consent to Collection and Use of Data
    1. In order to improve the App, website and our services, you acknowledge that Planto Limited and its agents shall be collecting, using, storing, processing and analysing the diagnostic, technical, usage, and/or related information from your mobile devices. This data shall be collected in a form that does not personally identify you except an email address and may be collected from such mobile devices at any time. The data that shall be collected includes, but is not limited to, general diagnostic and usage data, various unique system identifiers, information about your mobile device, system and application software, and, if Location Services is enabled, the real-time geographic location of your mobile device and location search queries. By installing the App on your mobile device, you acknowledge and agree that Planto Limited and its agents have your permission to collect all such information and use it as set forth above. If you do not agree to the foregoing, you may request to delete your account and/or uninstall the App from your mobile device at any point.
    2. In order to help you apply for third party financial services through the App or website, you acknowledge that Planto Limited may at time, request for your identification further than an email address. If collected, such information will only be used at your request or consent.
    3. System Logs and Diagnostic Files. In addition, you will have the option of manually attaching system diagnostic files (e.g., kernel logs, hang logs, crash logs, spin logs, install logs, application logs, etc.) from your mobile device (“System Logs”) to send to Planto Limited. Providing these System Logs is voluntary, but if you do provide them to us, then you acknowledge that we shall use them for diagnostic purposes and to improve the App and Planto Limited's products and services.
    4. Privacy Policy. Data collected pursuant to this clause shall be treated in accordance with our Privacy Policy, which is incorporated by reference into this Terms of Use.
  7. Link to Third Parties’ Website
    1. Where the App or website contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links shall not be interpreted as approval or endorsement by us of those linked sites or information you may obtain from them. We have no control over the contents of those sites or resources. This Terms of Use shall not cover your interaction with any linked sites or third party resources.
  8. No Support Obligation
    1. Planto Limited will provide maintenance and technical support at our discretion. We are not obligated to provide you with any maintenance, technical or other support for the App. You agree to abide by any support rules and policies that Planto Limited provides to you in order to receive such support.
  9. No Warranty
    1. You expressly acknowledge and agree that, to the extent permitted by applicable law, all use of the App is at your sole risk and that the entire risk as to satisfactory quality, performance accuracy and effort is with you. Planto Limited is providing all information to your solely on an “as is” basis and without any warranty of any kind, whether express or implied, including without limitation. The implied warranties of merchantability, non-infringement, accuracy, completeness, performance and fitness for a particular purpose.
  10. Disclaimer of Liability
    1. You shall assume all risks and all costs associated with the installation or use of the App provided under the Terms of Use, including, without limitation, any back-up expenses, costs incurred for the use of the App on your mobile device and peripherals, and any damage to any equipment, software, information or data. To the extent not prohibited by applicable law, in no event will Planto Limited be liable for any indirect special, Incidental or consequential damages, whether arising in tort (including negligence), contract or otherwise, arising out of or related to the Terms of Use, including any liability that stems from any use of the app on your mobile device and/ or any peripherals connected thereto, and/or from any other confidential information, and/or Planto Limited’s performance or failure to perform under the Terms of Use.
    2. In particular, we shall not be liable for :
      • loss of profits, sales, business, or revenue;
      • business interruption;
      • loss of anticipated savings;
      • loss of business opportunity, goodwill or reputation; or
      • any indirect or consequential loss or damage.
    3. Even if it has been advised or is aware of the possibility of such damages. In no event shall Planto Limited’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of One Thousand Hong Kong Dollars (HKD 1,000). The foregoing limitations shall apply even if the above state remedy fails of its essential purpose.
  11. Modification
    1. This Terms of Use shall continue in effect until cease to have effect. We may modify or change the Terms of Use at any time without notice to reflect the changes, with or without cause. Every time you wish to use the App, please review this Terms of Use to ensure you understand the terms that apply at that time.
  12. Third Party Information
    1. The App may contain information, statistical or aggregated data and other copyrighted material (collectively known as, “Third Party Information”) supplied by third parties. Acknowledgements, licensing terms, and disclaimers for such information are contained within, and your use of such information is governed by such respective terms. Mention of third parties and use of such Third Party Information provided to the Users is for informational and knowledge purposes only and Planto Limited shall have no responsibility or liability with regard to nor warrants the performance or accuracy of the information supplied by the third parties.
  13. Waiver
    1. No failure or delay by a party to exercise any right or remedy provided under this Terms of Use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  14. Assignment and Other Dealings
    1. This Terms of Use is personal to the parties and neither party shall without the prior written consent of the other party assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this Terms of Use.
  15. No unlawful or prohibited use
    1. As a condition of your use of the App, you warrant to us that you shall not use the App for any purpose that is unlawful or prohibited by this Terms of Use and notices. You shall not use the site in any manner which could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.
    2. Your use of the App shall not:-
      1. be false, inaccurate or misleading;
      2. be violation of any applicable law, statute, ordinance, regulation or these Terms of Use.
    3. We do not guarantee that the App, or any content on it, will be always be available or be uninterrupted. We may suspend, modify, deny, discontinue, cancel or stop any access to or use of the App and the services (“Interruption”) at any time for the following reasons:
      1. the maintenance of, or technical or other enhancements to the App;
      2. the security of the App;
      3. the business and operational reasons of the Planto Limited;
      4. suspected unauthorized or fraudulent use of the App and/or the services; or
      5. any Force Majeure event which is beyond the control of Planto Limited.
      We shall notify you of any Interruption as soon as reasonably practicable and we shall use reasonable efforts to minimize the duration and/or impact of such Interruption. We shall not be liable for any loss suffered or incurred by you or any other person arising out of any Interruption.
  16. Governing Law and Jurisdiction
    1. This Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region and the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Terms of Use or its subject matter or formation.
  17. Severance
    1. If any provision or part-provision of this Terms of Use is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Terms of Use.
  18. Entire Terms and Conditions
    1. The Terms of Use , including any appendices made effective pursuant to the Terms of Use and any additional licenses accompanying the Company Software,App and website, constitutes the entire Terms of Use herein and supersedes all prior or contemporaneous oral or written agreements.
  19. Contact
    1. If you have questions or concerns about this Terms of Use, please contact us via email at hello@planto.hk.
22/F, 3 Lockhart Road, Wan Chai, Hong Kong
Planto Limited © 2019