October 27th 2017
Welcome to our website (“Site”). By using this Site or signing up for an account, you agree to comply with and be bound by the followings terms and conditions of use. This is a legal agreement. Please review these terms and conditions carefully. If you do not agree to these terms and conditions (“General Terms and Conditions”), you are not authorized to use this Site. In this document we make use of the “Website”, “Site” and “Planifico”. Please note that the aforementioned terms may refer to the website at domain planifico.co or any other related domain, subdomain, associated pages and/or mobile application. The use of “we”, “us” and “JFMD” in this document is referring to the website owner and operator, JFMD Inc, located in Canada. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service.
ACCEPTANCE OF TERMS
This Agreement (“Agreement”) specifies the Terms and Conditions for access to the Site and describes the terms and conditions applicable to your access of and use of the Site. By using the Site, or by clicking or selecting “I Accept” when signing up for a user account at the Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. We may modify this Agreement at any time and such modification will be effective immediately upon posting to the Site. You can view the most recent version of these terms and condition at any time at the Site. Each use by you after any modifications to the Agreement shall constitute and be deemed your unconditional acceptance of this Agreement. You can review the most current version of the Terms of Service at any time at: https://www.planifico.co/terms/termsgen_fr.html. You are advised to check the Terms of Service from time to time for any changes that may impact you.
In any case, the use or
access to the Planifico service by anyone under 14 is strictly prohibited and
in violation of this Agreement. Use of the Planifico Website is available only
to persons who can form legally binding contracts under Canadian governing
laws. Depending on your local laws and regulations, if you are a minor and
would like to use or transact using Planifico, it may be required that this use
or transaction may be made by your legal guardian or parents. JFMD reserves the
right to terminate your membership and refuse to provide you with access to
Planifico if it is brought to our notice or if it is discovered that are not
eligible or that you are not respecting the terms of this Agreement. We reserve
the right to refuse service to anyone for any reason at any time.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
When You use the Website or send emails or other data, information or communication to Planifico, You agree and understand that You are communicating with Planifico through electronic records and You consent to receive communications via electronic records from Planifico periodically and as and when required. JFMD may communicate with you by email, text message, notification, phone call, or by such other mode of communication, electronic or otherwise.
PERMITTED USES AND RESTRICTIONS
You may not use the Service until you have accepted the Terms of Service. Planifico website and services are using the Internet, text messages, emails, notifications on mobile devices and other means of communication. You are responsible, at your own expense, to access the Internet and World Wide Web, to receive text messages, to receive emails, and pay any service fees associated with such access or communication of schedules or other information via any computer or mobile devices. You must also provide all necessary hardware and software necessary to make such connection to the World Wide Web, including a computer and modem or mobile device.
MINIMUM HARDWARE AND SOFTWARE REQUIREMENTS
In order to use the Planifico services, it is recommended and necessary that recent devices and computers are used along with latest operating system and software updates. For web access, we recommends the use of the Chrome browser for best results.
Although we provides hardware and software recommendations, JFMD does not provide any guarantee of compatibility of its system with any particular hardware or software. It is the user's responsibility to test and determine whether their device hardware and software are compatible with Planifico services.
DESCRIPTION OF SERVICE
Subject to the terms and
conditions of the Terms of Service, "Planifico" will allow you to
access, view and create and maintain work schedules and related information on
the World Wide Web, and provides invited users with access to schedule
information and related information through the World Wide Web and their electronic
ACCURACY OF INFORMATION PROVIDED WHILE USING PLANIFICO
You agree to provide accurate, current, and complete information about your account and promptly notify us if any of your account information changes. If you provide any information that is untrue, not current, incomplete, or if JFMD has reasonable grounds to suspect that information provided is untrue, not current, or incomplete, JFMD has the right to suspend or terminate your account and refuse any future use of the Service.
BUSINESS ACCOUNTS AND PASSWORDS
You will enter your own email address, and/or mobile phone number, and password that will enable you to access the Service. As the initial user of the Service, your email address and/or mobile phone number and password will entitle you to special administrative permissions, as well as being able to setup a business account and billing information. Upon successful business account creation, or anytime thereafter, you may invite other users to your account. You are fully responsible for the actions of users who have access to your account. You are responsible for maintaining security of your account and password. JFMD will not be held liable for any damage or loss from your failure to comply with this security obligation.
You warrant to JFMD that you will not use the Service for any purpose that is unlawful or violates these Terms of Service. Any use of the Service considered an abuse by current Internet standards or any use which would be considered abnormal or abusive by JFMD will serve as reasonable grounds for account termination. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. The discovery of the aforementioned types of content will serve as reasonable grounds for account termination.
You acknowledge and agree that JFMD may suspend or terminate your account and/or deny you access to, use of, or submission of content for, all or part of the Service, without prior notice, if you engage in any conduct that JFMD believes, in its sole discretion: (a) violates any term or provision of the Terms of Service; (b) violates the rights of JFMD or third parties; or (c) is otherwise not reasonable or appropriate for continued access and use of the Service. You agree that upon termination, JFMD may delete all schedules and information related to your account and may bar you access to your account and the Service.
Further, you agree that JFMD shall not be liable to you or any third-party for any termination of your access to the Service. You agree to defend, indemnify, and hold JFMD, its parent companies, subsidiaries, affiliates and partners, employees, administrators and directors harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of the Terms of Service, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of the Service.
You acknowledge and agree that the Planifico and the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
NO RESALE, ETC. OF SERVICE
You agree not to copy, sell, resell, redistribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JFMD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
JFMD MAKES NO WARRANTY ABOUT THE AVAILABILITY, SUITABILITY, RELIABILITY, SUPPORT, SECURITY, QUALITY, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. JFMD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JFMD OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JFMD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JFMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY MALFUNCTION OF THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU ALSO AGREE THAT JFMD WILL NOT BE LIABLE FOR ANY (1) INTERRUPTION OF BUSINESS, (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE OR DATA, INFORMATION, APPLICATION OR TOOLS YOU ACCESS THROUGH THIS SERVICE; (3) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, INACCURACY, DESTRUCTION OR OTHER MODIFICATION; (4) EVENTS BEYOND JFMD'S CONTROL;
IN NO EVENT SHALL JFMD'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO JFMD FOR THE SERVICE, BUT IN NO EVENT GREATER THAN THE SUBSCRIPTION FEE PAID FOR A PERIOD OF ONE MONTH OR TEN (10) DOLLARS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT REQUIRED BY LAW.
TRADEMARK AND SERVICE MARK INFORMATION
The Planifico logo, phrases, trademarks and service marks and product and service names are marks ("Marks") of the Planifico product and service owned by JFMD. Without JFMD's prior permission, you agree not to display or use in any manner, any JFMD or Planifico Marks.
The Terms of Service constitutes the entire agreement between you and JFMD, and governs your use of the Service, superseding any prior agreements between you and JFMD (including, but not limited to, any prior versions of the Terms of Service) with respect to its subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other JFMD services, third-party content or third-party software. Except as otherwise provided herein, the Terms of Service shall be governed by the laws of the province of Quebec in Canada without regard to its conflict of law provisions. Except as otherwise provided in the Terms of Service, you and JFMD agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Quebec in Canada. The Terms of Service does not limit any rights that JFMD may have under trade secret, copyright, patent, trademark or other laws. The failure of JFMD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within three (3) months after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. The Terms of Service will inure to the benefit of JFMD and its successors and assigns.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that JFMD may establish general guidelines and limits concerning use of the Service, including without limitation, (i) Limit of the number of actions performed by a user, over a period of time, which would be considered unreasonable by JFMD. (ii) Limit user actions which would be considered abnormal or unreasonable by JFMD considering the intended purpose of Planifico. You agree that JFMD has no responsibility or liability for the deletion or loss of content or information maintained by the Service and that JFMD may elect to purge historical information older than one (1) year. As a condition of use for this Service, you agree that, in the event of an error with your Service, a Service technician shall be permitted to access your account, or data, as necessary to resolve the problem. You also acknowledge that a Service technician may access your account, or data, from time to time to help improve user experience and performance. You acknowledge that JFMD reserves the right to change these general guidelines and limits at any time, at its sole discretion, with or without notice.
MODIFICATIONS TO THE SERVICE OR AGREEMENTS
Modifications to the Service.
JFMD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with no notice. You agree that JFMD shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. JFMD may specify from time to time the equipment, software or version(s) of related products required in order to use the Service (e.g. supported browsers and versions).
Modifications to the Terms of Service.
You agree that JFMD may modify the Terms of Service as necessary to comply with any other agreements that Planifico is currently bound by or will be bound by in the future, and/or with applicable law, as well as to adjust to changing business circumstances. Your continued use of any of the Service shall constitute your acceptance of the Terms of Service with the new modifications. If you do not agree to any of such changes, you may terminate your account and cease all access and use of the Service. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Terms of Service.
The response delay for any support request may depend on Planifico team availability.
BILLING AND PAIEMENT
The subscription to Planifico will be billed in advance. The bills are payable in full, within 20 working days following their issuance. The bills will be sent to the email address of the main administrator of the business account, on the day of billing. Any account having a past due bill will be billed for interests calculated on the base interest rate of 15%. Furthermore, any account having a past due amount for a period exceeding two 40 working days, will be deactivated by JFMD. The deactivation of a business account by JFMD for any failure to provide payment does not affect in any way the due amount as well as the responsibility of the client to pay the due amount and under no circumstance will affect the applicability of this Agreement. The bills are payable by credit card, or by any other means expressively agreed with JFMD.
PLAN AND CANCELLATION
By signing up for the Service, you agree to pay the then-current fees associated with the Service or the amount expressly agreed with JFMD by a contract superseding this agreement. JFMD reserves the right to modify its fees with or without notice. You may cancel your account at any time by contacting us; however, there will be no refunds or credit for cancellation. All payments are non-refundable. We do not provide refunds or credits for partially used periods or if you did not use the service.
You may cancel your account at any time by emailing us at email@example.com.
HOW TO CONTACT US
If you have any questions or comments about, you may contact us by using our website https://www.planifico.co contact form, or by email to firstname.lastname@example.org.
Planifico and related Services are intended for use by our Customers and their employees. We are not responsible for the privacy or security practices of our Customers, which may differ from those set forth in this privacy statement. Employees of our Customers may be subject to additional employer’s policies.
THE TYPES OF INFORMATION COLLECTED
When you interact with us, such as making an inquiry, registering on our websites, requesting a demo, signing up for free trials or events, requesting additional information, or contacting us for customer service purposes, we will ask you to provide your contact information such as name, company name, address, phone number, and email address (“Contact Information”). We may also ask for other information to help us do business with you, such as the types of products and services that may interest you, information on your company’s size, number of employees, industry, or geographic locations, and demographics (“Business Relationship Information”).
HOW WE USE THE INFORMATION COLLECTED
We use Information about Customers to process transactions, perform the services requested, and manage our everyday business needs. For example, we may contact you to inquire information or provide information about your account, support, and updates to our Services, including information about new features, security or other technical issues.
We may use Information about Customers for feedback, and marketing purposes. For example, we may contact you to further discuss your interest in our products and services, and provide you with personalized, targeted information, promotions and offers that we think you will find relevant.
We use the non-personally identifiable Site Navigational Information to operate and improve our Website and Services. We may also associate Site Navigational Information with Information about Customers.
We will disclose information provided when required by law, such as in response to a subpoena, judicial proceeding, court order, or legal process by law enforcement agencies and courts in Canada and other countries where we operate. We also reserve the right to use or disclose information if we reasonably believe that use or disclosure is necessary to affect the sale or transfer of business assets, to enforce our rights, protect our property, or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions.
Please note that we may share aggregated, non-personally identifiable information with our partners and trusted service providers – like publishers, advertisers or connected sites.
SECURITY OF PERSONAL INFORMATION
We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in or perform specific operations on our website).
LINKS AND PRIVACY POLICIES OF THIRD PARTIES
Our Website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of any other site that collects personally identifiable information.
HTML5 LOCAL STORAGE
Our website uses HTML5 local storage that allows us to save data in in a user's browser just like cookies. Local storage can be is more secure, and large amounts of data can be stored locally, without affecting website performance.
We typically store the following information on HTML5 local storage.
• Mobile Phone Number for Login
• Email Address for Login
• Connection User Id
• Connection Session Id
• App Version
• Last business account Id visited
We use these items to enhance user experience when visiting our website by:
• Facilitating Login by filling login form with previously used Login details
• Storing authenticated user session (only while user is authenticated)
• Last version of the website app loaded, in case required to refresh cached website app
We offers mobile applications that allow you to use our Services, access your account, interact with us online and receive other information via your smartphone or mobile device. All personal information collected by us via our mobile applications is also protected by the terms of this Privacy Statement. For future reference, we may collect general information on your device, including by not limited to,
• Operating System version
• Unique device Id Key
• Identification of whether your device has the capability to make phone calls
Should there have been an error during the execution or run time of the website or mobile application execution, we make collect information helping us to investigate and fix this error.