THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) CONTAINS THE TERMS AND CONDITIONS OF THE PLANTO MOBILE APPLICATION (“PLANTO APP” or THE “APP”) TO BE ACCEPTED BEFORE USING THE PLANTO APP. PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS, CLICK ON THE “ACCEPT” BUTTON. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS , YOU WILL BE INELIGIBLE TO USE THIS APP.
This set of Terms and Conditions is made by and between Planto Limited (“we”, “us”, “our” or the “Company”), and the user of this App (“you”, “Licensee”, or the “User”).
Access to the Planto App and Additional Terms
You understand that the Planto App is available to you for downloading online through the Play Store or App Store. All use of the Planto App shall be pursuant to the Terms and Conditions.
License Grant and Restrictions
Subject to your compliance with the Terms and Conditions, Planto Limited hereby grants you a personal, limited, non-exclusive and non-transferable license to use the Planto App on your mobile device.
You agree and accept that the Planto 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 Planto App for any other purpose, or to disclose, reproduce, distribute, modify or create derivative works of the Planto App. You agree not to decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of the Planto App.
In any event, Planto Limited retains the exclusive ownership of the Planto App, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any Planto Limited’s intellectual property.
The graphics, designs, source codes and service names are the intellectual properties of Planto Limited and may 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.
All intellectual property rights subsisting in respect of the App belong to Planto Limtied 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 are not 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.
We will provide you with the opportunity to submit feedback to Planto Limited. We may request this information from you by email, web questionnaires, in-app chatbox, bug forms, and other mechanisms. By agreeing to the Terms and Conditions, you agree that Planto Limited may contact you from time to time about the Planto App, and you hereby consent to receive such communications. You agree that in the absence of a separate written agreement to the contrary, we will be free to use any feedback you provide for any purpose.
Consent to Collection and Use of Data
In order to improve our products and services, you acknowledge that Planto Limited and its agents will be collecting, using, storing, processing and analysing (collectively, “collecting”) diagnostic, technical, usage, and/or related information from your mobile devices. This information will 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 information that would 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 Planto 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 Planto App from your mobile device at any point.
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 may use them for diagnostic purposes and to improve the Planto App and Planto Limited's products and services.
No Support Obligation
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 Planto App. You agree to abide by any support rules and policies that Planto Limited provides to you in order to receive such support.
You expressly acknowledge and agree that, to the extent permitted by applicable law, all use of the Planto 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 INFORMATIONTO YOU SOLELY ON AN “AS IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, PERFORMANCE, AND FITNESS FOR A PARTICULAR PURPOSE.
Disclaimer of Liability
YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH THE INSTALLATION OR USE OF THE PLANTO APP PROVIDED UNDER THE TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF THE PLANTO 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 AND CONDITIONS, INCLUDING ANY LIABILITY THAT STEMS FROM ANY USE OF THE PLANTO 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 AND CONDITIONS, 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 1,000.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Term and Termination
The Terms and Conditions will continue in effect until terminated. You may terminate the Terms and Conditions at any time, for any reason. We may terminate the Terms and Conditions at any time, with or without cause, immediately upon written notice to you, and may terminate the Terms and Conditions immediately for any breach of the provisions set forth herein. Within seven (7) days of your receipt of Planto Limited’s termination notice, or earlier if requested by Planto Limited, you will cease all use of, and/or delete the Planto App as provided in this clause. Following termination of the Terms and Conditions for any reason, the restrictions of Clauses 2-3, 5-6, 8-9, 12, and 16 inclusive, will continue to bind the parties.
Third Party Information
The Planto App may contain information, statistical or aggregated data and other copyrighted material (collectively, “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 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.
No failure or delay by a party to exercise any right or remedy provided under the Terms and Conditions 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.
Assignment and Other Dealings
The Terms and Conditions 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 the Terms and Conditions.
No unlawful or prohibited use
As a condition of your use of the App, you warrant to us that you will not use the App for any purpose that is unlawful or prohibited by these Terms and Conditions and notices. You must 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 must not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.
Your use of the App shall not:-
be false, inaccurate or misleading;
be violation of any applicable law, statute, ordinance, regulation or these Terms and Conditions.
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:
the maintenance of, or technical or other enhancements to the App;
the security of the App;
suspected unauthorized or fraudulent use of the App and/or the services; or
Any Force Majeure event.
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.
Governing Law and Jurisdiction
The Terms and Conditions 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 the Terms and Conditions or its subject matter or formation.
If any provision or part-provision of the Terms and Conditions 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 and Conditions.
Entire Terms and Conditions
The Terms and Conditions, including any appendices made effective pursuant to the Terms and Conditions and any additional licenses accompanying the Company Software and App, constitutes the entire Terms and Conditions herein and supersedes all prior or contemporaneous oral or written agreements.
No variation of the Terms and Conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
If you have questions or concerns about the Terms and Conditions, please contact us via email at firstname.lastname@example.org.