Last modified on April 20, 2021
1. Introduction, Acceptance, Definitions, and Modifications
Welcome to Planned! We hope you will enjoy and appreciate using our event planning platform, accessible at https://app.planned.com/, which includes all subdomains and sub-pages, present and future (the “Platform”). We are thrilled that you have chosen to visit the Platform or to use the Platform to either (i) plan and coordinate your events; or (ii) make your goods, services and venues available for others’ event-planning purposes.
The Platform is used by both Suppliers and Clients (as defined below) to plan and coordinate Clients’ events together. A Client will choose from among the goods, services and venues (together, the “Supplier Offerings”) available to purchase or rent from Suppliers on the Platform, which are browsable by Clients from Suppliers’ unique page listings (each, a “Supplier Listing”). The Platform facilitates Clients’ browsing of Supplier Offerings, allows Suppliers and Clients to communicate with each other via the Platform’s messaging system, acts as the organizing hub for Clients’ events and ultimately permits Suppliers and Clients to carry out the transactions required for a Client’s purchase or rental of Supplier Offerings.
If you are using the Platform and accepting or agreeing to these TOU on behalf of a company, association or other legal entity (a “Legal Entity”), you represent and warrant that you have the authority to bind that Legal Entity to these TOU and, in such event, "you" and "your" will refer and apply to that Legal Entity.
By entering into these TOU, you acknowledge and agree that if you circumvent the Platform to purchase, rent or sell any Supplier Offerings listed on the Platform outside of the Platform, you may be banned from using the Platform, at our sole discretion.
The Platform is owned and operated by Planned Enterprise Inc., a duly-incorporated company located in Montreal, Canada at the address listed below. Where the present TOU refer to “Planned” they may refer to Planned Enterprise Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Planned Enterprise Inc. and / or its Representatives.
In these TOU, a Platform visitor or user may be referred to as “you” or “your”. When a Platform user is seeking to plan an event, they may be referred to as a “Client”; when a Platform user is making available Supplier Offerings for others’ event-planning purposes, they may be referred to as a “Supplier”. When a Client or Supplier is logged in to the Platform, they may be referred to in these TOU as a “Logged-In User”.
Planned reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Platform following the posting of any changes to the TOU constitutes acceptance of those changes. If we make any substantial changes to the TOU that materially affect your legal relationship with Planned, we will use commercially reasonable efforts to notify you by posting a prominent notice when you use the Platform for the first time following those changes, or if you have an account, by email to the email address associated with your account.
2. Contacting Us
If you have any questions about the TOU, please contact:
Planned Legal Services
Planned Legal Services
300 Mountain Street
H3C 2B1, Canada
If you have any questions regarding the Platform itself, please contact [email protected].
3. General Code of Conduct for Use of the Platform
In addition to the more specific rules found elsewhere in these TOU, you agree that by interacting with the Platform in any way, you will:
- Not use the Platform in any manner that in any way violates these TOU or any other applicable policy posted on the Platform by Planned;
- Not use the Platform in any manner that violates any intellectual property rights of Planned or any third party;
- Not use the Platform in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
- Not use the Platform in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Planned or a third party, or to damage or obtain unauthorized access to any system, data, password or other information (whether personal data or not) of Planned, other Platform users, or any other third party;
- Not: (1) take any action that imposes or may impose (as determined by Planned in its sole discretion) an unreasonable or disproportionately large load on Planned’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Platform or any activities conducted on or via the Platform; (3) bypass any measures Planned may use to prevent or restrict access to the Platform or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page or portion of the Platform; or (5) harvest or scrape any content from the Platform in an unreasonable manner;
- Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Platform;
- Not use the Platform to advertise or promote products or services that are not expressly approved in advance in writing by Planned, or as permitted by these TOU and your account;
- Not interfere with any third party’s use or enjoyment of the Platform;
- Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
- Not attempt to do any of the foregoing prohibitions; and Use the Platform in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
4. Accounts on the Platform
a. Accounts and Passwords – General Information
In order to be able to plan an event or to purchase, rent or sell Supplier Offerings through the Platform, you will be required to create an account. Accounts are available to anyone who receives an email invitation from us to create an account or who is provided with an account by the company for which they work, subject to the restrictions and conditions as outlined elsewhere in these TOU. Accounts may be approved or rejected by Planned, which shall be at our sole discretion for any reason.
As part of the account registration, you may be asked to choose a password, which you are able to change at any time. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password and are responsible for all activities that occur under your account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.
If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. Planned and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Platform with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
Planned reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including, but not limited to, whether you have violated the letter or spirit of the TOU, as more fully described below.
b. Age Requirements
In order to create an account on the Platform, you affirm that you are at least eighteen (18) years of age or over, or the age of majority in the jurisdiction in which you reside and from which you access the Platform, where the age of majority is greater than eighteen (18) years of age.
c. Account Information
By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Platform, at our sole discretion.
5. The Transactional Process between Suppliers and Clients Using the Platform
Please note that any Supplier or Client who circumvents the Platform to purchase, rent or sell any Supplier Offering from a Supplier Listing outside of the Platform may be banned from using the Platform, at our sole discretion.
The purchase, rental and sale of Supplier Offerings through the Platform proceeds as described in this section. b. Supplier Listings If you are a Supplier, we will take care of producing Supplier Listings on your behalf. As a general principle, you may have an unlimited number of Supplier Listings. Notwithstanding the foregoing, Planned reserves the right to limit the number of your Supplier Listings at its sole discretion. Planned also reserves the right to refuse to accept any Supplier Listing for any reason, at its sole discretion.
Without limiting the generality of the Disclaimer of Warranties further in these TOU, Planned and / or its Representatives shall not be responsible for any loss or damage, pecuniary or otherwise, resulting from Planned’s refusal to post a Supplier Listing on the Platform or any delay in posting a Supplier Listing and Planned disclaims any responsibility in this regard.
c. Communications Between Clients and Suppliers
Without limiting the generality of the Disclaimer of Warranties further in these TOU, Planned and / or its Representatives shall not be responsible for any loss or damage, pecuniary or otherwise, resulting from any communications between Clients and Suppliers, whether through the Platform or otherwise, and Planned disclaims any responsibility in this regard.
d. The Purchase or Rental Process
Once a Client has identified a Supplier Offering that it would like to purchase or rent for its event, the Supplier and the Client will communicate with each other to finalize the purchase or rental process as described below. The process set out below is an illustration of how this process may occur. Please note that not every Client-Supplier interaction will include each step set out below and that the order of these steps is not strict and may vary depending on the specific interactions between each Client and Supplier.
- The Client contacts the Supplier via the Platform’s messaging system to confirm availability of the Supplier Offering and to request a “Quote” for the Supplier Offering in question;
- The Client and the Supplier will negotiate the terms of the Quote until a finalized Quote is agreed upon by the Client and the Supplier, including a definitive price for the Supplier Offering;
- The Supplier will then share its form of “Contract” (if any) with the Client for execution. If the Supplier provides the Client with a Contract, the Client must upload a signed copy of the Contract to the Platform;
- The Supplier will upload a “Supplier Invoice” to the Platform, reflecting the terms of the finalized Quote;
- At Planned’s discretion, the Client will then receive for review either the Supplier Invoice or a “Planned Invoice” from Planned, reflecting the exact same terms as the Supplier Invoice (both of the Supplier Invoice and the Planned Invoice hereinafter referred to as the “Invoice”);
- Once the Client has been provided with the Invoice, the Platform will display the “Total Price” for the Supplier Offering and the “Price Per Person” based on the total number of event attendees that the Client has identified will be attending the event for the Supplier Offering in question. The Platform will indicate that the Invoice is unpaid and that the Client has a balance outstanding;
- The Client will be presented with two options – payment of the Total Price for the Supplier Offering which shall include any applicable taxes and a 3% payment processing fee, or payment of a “Deposit” in the amount of a percentage of the Total Price as selected by the Supplier, as described in more detail further in this section. Deposits are required at the full discretion of the Supplier;
- The Client will pay the Deposit, the Total Price or the difference between the two (the “Balance Due” and together with the Deposit and the Total Price, the “Client Payment”) by clicking Pay Now on the Platform;
- Once payment of the Total Price is made in full, the Platform will mark the Invoice as paid, with no balance outstanding; and
- The delivery, access to or making available of the Supplier Offering by the Supplier to the Client will happen in accordance with the terms agreed to between the Client and the Supplier (whether in the Contract or otherwise).
Without limiting the generality of the Disclaimer of Warranties further in these TOU, Planned and / or its Representatives shall not be responsible for (i) the negotiation, the content or the application of the Quote, the Contract or the Invoice (or any other documents exchanged between Clients and Suppliers, whether through the Platform or otherwise); (ii) the Client’s payment of the Deposit, the Balance Due or the Total Price or the timing of any such payment; (iii) the delivery, access to or making available of the Supplier Offering by the Supplier to the Client; or (iv) any loss or damage, pecuniary or otherwise, resulting from any of the above, and Planned disclaims any responsibility in this regard. e. Deposits As referenced above, Deposits will be required at the full discretion of the Supplier. The amount of the Deposit, the timing of payment for the Deposit and the reimbursement of any Deposit are all subject to each Supplier’s policies, which the Supplier is solely responsible for communicating to the Client. Planned disclaims any responsibility in this regard.
As referenced above, Deposits will be required at the full discretion of the Supplier. The amount of the Deposit, the timing of payment for the Deposit and the reimbursement of any Deposit are all subject to each Supplier’s policies, which the Supplier is solely responsible for communicating to the Client. Planned disclaims any responsibility in this regard.
f. Payment by Credit Card
All Credit Card Billing Information is collected by the Third-Party Payment Processor on its own secured servers. Planned does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processor. Non-financial information will, however, be available to Planned for bill-making and record-keeping purposes.
If you are a Client and you pay for either a Deposit, the Total Amount or the Balance Due by credit card, the Platform will update the status of your payment within 24 hours of payment.
g. Payments by Direct Deposit
If you are a Client and wish to pay any part of the Client Payment by direct deposit, you will receive Planned’s banking information via the Platform and be expected to complete the direct deposit in a timely manner.
If you are a Client and you pay for either a Deposit, the Total Amount or the Balance Due by direct deposit, the Platform will update the status of your payment once Planned receives the funds in its bank account, which can take approximately 7 days.
h. Planned Commission and Supplier Payouts
As will have been separately agreed to in a contract between Planned and each Supplier (the “Marketing Agreement”), Planned will charge each Supplier a commission on all Supplier Offering purchase or rental transactions (the “Commission”). Within 4 business days of Planned’s receipt of a Client Payment, Planned will transfer the Client Payment to the Supplier. Within 60 days from the Supplier Payout date, the Supplier shall receive a supporting bill from Planned (the “Supporting Bill”) indicating the Commission amount. The Supplier shall pay the Commission bill to Planned as per the terms stated on the bill.
Please note that, as a Supplier, you are prohibited from marking up the price of your Supplier Offering(s) to compensate for the Commission that is owed to Planned. Any Supplier that marks up the price of its Supplier Offering(s) on the Platform may be banned from using the Platform, at our sole discretion.
i. Currency Conversion
As a Client or a Supplier, you acknowledge and agree that in the course of making or receiving payments, or issuing refunds, various currency exchanges may occur. Without limiting the generality of the Disclaimer of Warranties further in these TOU, Planned and / or its Representatives shall not be responsible for any loss or damage, pecuniary or otherwise, resulting from any changes in exchange rates or losses suffered as a result of any currency conversion, and Planned disclaims any responsibility in this regard.
6. Additional Supplier Acknowledgements
As a Supplier, in addition to the other obligations found elsewhere in these TOU, you acknowledge and agree that you shall:
- Not sell or make available to rent any Supplier Offering that violates any applicable law; Not sell or make available to rent any Supplier Offering that you do not have the legal authority (including but not limited to any necessary ownership rights) to sell or make available to rent;
- Not sell or make available to rent any Supplier Offering that does not meet the description in your Supplier Listing;
- Not sell or make available to rent a Supplier Offering whose sale or rental you are unable to fulfill;
- Provide the necessary banking and wire transfer information to Planned for you to receive Supplier Payouts (“Payout Information”);
- Be responsible for paying any applicable income taxes or any similar government charges on Supplier Payouts that you receive; and
- Remit all applicable sales taxes in connection with the provision of your Supplier Offering(s) as collected by Planned on your behalf to the appropriate tax authorities.
Failure to adhere to any of these requirements may result in the cancellation of your Supplier account, at Planned’s sole discretion.
7. Disclaimer Regarding the Purchase or Rental of Supplier Offerings
While Planned is involved in the production and uploading of Supplier Listings, Planned does not examine any actual Supplier Offering (unless special arrangements are made between Planned and a Client, the terms of which shall be governed outside of these TOU) and makes no representations or warranties whatsoever regarding Supplier Offerings listed on the Platform, including with respect to any discrepancy between an actual Supplier Offering and the description of such Supplier Offering in a Supplier Listing. If you are a Client purchasing or renting Supplier Offerings, none of the Supplier Offerings are controlled by Planned, but by each individual Supplier. If you as a Client have any issues with, or questions about any Supplier Offerings, or any Supplier Offerings that you have purchased or rented using the Platform, you should contact the Supplier through the Platform or otherwise, except as otherwise provided for in these TOU.
Without limiting the generality of the Disclaimer of Warranties further in these TOU, Planned and / or its Representatives shall not be responsible for any loss or damage, pecuniary or otherwise, to either a Client or a Supplier resulting from a Supplier Listing, a Supplier Offering, the purchase or rental of Supplier Offerings from a Supplier, Client’s actions in connection with the purchase or rental of a Supplier Offering, the failure to complete a purchase or rental from a Supplier or the use of any Supplier Offering purchased or rented through the Platform, and Planned disclaims any responsibility thereto. Moreover, Planned shall not be involved in the resolution of any dispute between a Client and a Supplier and disclaims any responsibility in this regard.
8. Proprietary Rights and User Content
a. Intellectual Property Rights
You acknowledge that: (a) the Platform contains proprietary and confidential information that are protected by applicable intellectual property and other laws, and (b) Planned and/or third parties (via license) own all rights, title and interest in and to the Platform and content that may be presented or accessed through the Platform (except for User Content as defined below), including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Planned and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, whether registered or not.
You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Platform, or content that may be presented or accessed through the Platform for any purpose, unless otherwise permitted by these TOU or the functionalities of the Platform; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Platform; or (iii) remove, obscure, or alter Planned’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Platform.
The content, arrangement and layout of the Platform, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Planned, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Planned, or as permitted by the functionality of the Platform or these TOU. Any unauthorized use of the content, arrangement or layout of the Platform, Computer Code, images, logos, videos, audio or trademarks found on the Platform or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Planned may take action accordingly.
b. Submitted Information
If you choose to communicate to Planned (via any means) suggestions for improvements to the Platform or any idea or proposal related to Planned or its businesses or properties (collectively, “Feedback”), Planned shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Planned and waive in favor of Planned, its successors and assigns all your moral rights in the Feedback; and agree to provide Planned such assistance as Planned may require to document, perfect, and maintain Planned’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Planned, you are not entitled to any compensation or reimbursement of any kind from Planned under any circumstances.
c. User Content
As a Logged-in User, you may use the Platform to create and submit text, or you may upload certain file types including, but not necessarily limited to, text, photographs, graphics, video, audio or any other type of media or content, and other interactive features generated, provided, or otherwise made accessible on or through the Platform ,which may be visible to other Logged-In Users. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content, you agree to be bound by the Planned policy for User Content as described in this section (the “User Content Policy”).
When you submit User Content, you acknowledge and agree to the following:
- User Content submitted or displayed by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any User Content submitted or displayed is your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Planned to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information and images (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Platform and these TOU;
- You retain all of your ownership rights in the User Content you submit or display. However, by submitting User Content to Planned, you hereby grant Planned a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Platform and / or Planned’s (and its successors' and affiliates') business or activities, including, without limitation, for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels without any compensation to you. You understand and agree that Planned may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
- You also hereby waive any moral rights you may have in your User Content and grant other users of the Platform a non-exclusive license to access your available User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Platform and under these TOU;
- The licenses granted by you in the previous two paragraphs with respect to the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;
- You will not upload or display any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortious. Furthermore, you will not upload or display any User Content that is racist, sexist, homophobic, or otherwise abusive or offensive to any minority or group; contains any adult content or political militancy; or upload or display any User Content that contains any viruses, mass mailing, chain mailing or any other form of spam;
- You will not include in User Content links to any third-party website that is a spam or phishing website, or to any website that may violate any applicable law.
Where you are accessing or downloading User Content, you acknowledge that any use of User Content accessed or downloaded by you while using the Platform is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and Planned disclaims any responsibility in this regard.
If you, as a Logged-In User, believe that a user has posted User Content that violates the User Content Policy, please contact us at [email protected] so that we may conduct an inquiry. Planned retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.
Depending on the nature of the User Content, User Content may or may not be edited, curated or otherwise modified or checked by Planned prior to posting or display. Planned reserves the right, in its sole discretion, to refuse to display any User Content, or to remove or modify immediately and without notice any User Content that violates the User Content Policy.
Planned and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of, or reliance on, any User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard.
9. External Links
In no way will Planned be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) arising from your use of websites or other services that may be linked to from the Platform or the information thereon; (2) arising from any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) arising from the actions of the operators of any such website or service.
10. Interruption of Services
From time to time, the Platform may be unavailable for periods of time for maintenance and / or modifications to the Platform. While we will endeavour to make this unavailability as brief as possible, Planned shall not be held liable for any losses or damages, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Platform, and disclaims any responsibility thereto.
11. Termination of the Platform or Your Access to the Platform and the TOU
You may also end your access to the Platform by contacting us at [email protected], using the support form available in the account management section when you are a Logged-in User or communicating with us via the Platform’s chat functionality to request an end to your access to the Platform
Planned may also, in its sole discretion and at any time, discontinue providing the Platform, or any part thereof, with or without notice. You agree that Planned shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Platform, or from Planned’s termination of the Platform or any part thereof.
Termination of the Platform or your access to the Platform shall terminate the present TOU as between you and Planned. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties
You expressly understand and agree that your use of the Platform, the information thereon (whether provided by Planned or third parties) or any activity arising from your use of the Platform or the information thereon or the materials downloaded therefrom (including, but not limited to, your planning of an event or your purchase, rental or sale of Supplier Offerings) is at your sole risk. The Platform, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Platform or any other functionalities of the Platform, or losses or damages (financial or otherwise) resulting from your use of the Platform, the information thereon, any materials downloaded therefrom, or any activity arising from the use of the Platform (including, but not limited to, your planning of an event or your purchase, rental or sale of Supplier Offerings), the information thereon or any materials downloaded therefrom.
The information or resources provided through the Platform, written or produced by Planned staff, freelance writers or other subcontractors hired by Planned are expected to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Platform is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur. Planned shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Platform or the information thereon, or your reliance on such information whether the information is correct or not.
Planned expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Platform, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Planned, its affiliates and their respective Representatives, do not warrant that: (i) the Platform will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content (whether provided by Planned, Suppliers or third parties) available on or through the Platform is free of viruses or other harmful components; (iv) functionalities of the Platform will work equally in desktop and handheld or tablet device environments; or (v) the results of using the Platform or any activity arising therefrom (including, but not limited to, your planning of an event or your purchase, rental or sale of Supplier Offerings), or any content downloaded therefrom will meet your requirements.
Some of the content displayed on the Platform may include elements that belong to or are provided by third parties, including but not limited to Suppliers. You acknowledge that Planned assumes no responsibility for such content.
To the extent that the law does not permit a disclaimer of warranties, all content accessible on the Platform, or any other website to which we link, and all operations on this Platform are warranted only to the minimum amount legally required.
13. Limitation of Liability
In no case will Planned or its Representatives or licensees be liable for any indirect, special, consequential, exemplary, punitive or other damages, or for any losses, damages, liabilities, costs and expenses arising out of or relating to (i) your access, use, misuse or inability to access or use the Platform; (ii) the results of using the Platform or any activity arising therefrom (including, but not limited to, your planning of an event or your purchase, rental or sale of Supplier Offerings); or (iii) the interruption, suspension or termination of any part of or all of the Platform; and in all cases (i), (ii) and (iii) regardless of the cause of action (whether in contract, warranty, delict, quasi-delict, tort, negligence, strict liability or any other theory of liability) and even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary in the TOU, in no event will our aggregate liability for any claims in connection with your use of the Platform exceed the amount of $100.
You expressly understand and agree that Planned or its Representatives or licensees shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, tort, strict liability, negligence, general civil liability or any other cause of action under any legal or equitable theory, relating to the Platform, the information on the Platform, your use of the Platform, activities arising from your use of the Platform (including, but not limited to, your planning of an event or your purchase, rental or sale of Supplier Offerings), any third party materials on the Platform, or any materials downloaded from the Platform. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Planned or its Representatives, or any Client or Supplier; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions and limitations may or may not apply to you.
15. Governing Law and Applicable Jurisdiction
These TOU and your use of the Platform shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws applicable therein in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Planned shall be brought exclusively in the courts located in the judicial district of Montréal, Canada.
Notwithstanding the foregoing, Planned shall have the right to bring action against you in any court of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.
16. Miscellaneous Provisions
- Planned shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Planned’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
© Planned Enterprise Inc., 2021