Terms of Service
Last updated: 30 October, 2015
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the All Pland mobile application ("the Service") operated by All Pland ("us" "we" or "our".)
Your access to and use of the Service is conditioned on your acceptance of, and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms.
Accepting the Terms
When you create your All Pland account as an individual you must be the true owner of the identity claimed, and you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you sign-up to an account on behalf of a company, organisation, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorised to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
All Pland hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the Service for your business and personal use in accordance with these Terms. Acceptance of these terms of service also grants All Pland a non-exclusive, transferable, worldwide license to use, store, display, and distribute your User Content. Nothing in these Terms shall restrict other legal rights All Pland may have to the content that is available in and through the application, for example, the user content under other licenses. We reserve the right to remove or modify user content for any reason, including user content that we believe violates these Terms or our policies.
The copyright in all material contained on, in, or available through the Service including in particular the format of the events calendar, the separate individual integrated in-app calendar, all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material ("Material") is owned by or licensed to All Pland All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without All Pland's express permission. All Pland may from time to time, issue notice if the rights of the application, presentation style or services provided are deemed infringed. Please note that this product is currently patent pending.
Content in the All Pland Service
An event visible in the All Pland calendar in no way implies that All Pland endorses the event/s or its contents. Event organisers are solely responsible for the events they post, as All Pland only acts as a passive conduit for the distribution and publication of their event information, and some events and event contents may come from unrecognisable sources. All Pland takes no responsibility and assumes no liability for any third party content that is transmitted through the service and as such you understand and agree that you may be exposed to third party content that is inaccurate, objectionable and/ or otherwise unsuited to your purpose.
Please note however, All Pland reserves the right to remove an event from its application and calendars where possible without prior notice, if it violates our Terms, is deemed inappropriate and/or may cause grievance and offence to the public.
If you are using any of the Application's location-based services or functionality ("GPS Services") then, in addition to the remainder of this Agreement, the following will also apply in respect of the use of the GPS which forms part of the application.
You agree that such GPS service may be erroneous, inaccurate, incomplete or time-delayed and shall not be used for emergency or life saving purposes. We do not warrant, and you agree that the GPS service may contain inaccuracies, be incomplete and/or suffer from time-delays. In particular, we do not represent or warrant that:
1 your use of the GPS service will meet your requirements; or
2 any information obtained by you as a result of your use of the GPS will be accurate or reliable.
Without limiting the foregoing, you acknowledge that some location services may not be available for use at all times and in certain circumstances.
You agree that when using the Service you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) Use the service in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorised access to the service or any networks, servers or computer systems connected to the service; or
(c) Modify, adapt, translate or reverse engineer any part of the service or re-format or frame any portion of the pages comprising the service, save to the extent expressly permitted by these Terms or by law.
Some of our Products are software that is downloaded to your device including - but not limited to; phone, tablet and other devices. To ensure the quality of the product and service you receive, you agree to any automatic upgrades of the Service and you agree that these Terms apply to any automatic upgrades.
All Pland provides reasonable care to ensure the availability of the Service, however you acknowledge that the availability of the Service is dependent on your internet, mobile network, and other connection matters outside our control, and as such you may experience service unavailability, possible drop out of services and all other possible system, service and connection related issues. All Pland does not accept any responsibility or liability for the unavailability and dropout of the service and any subsequent consequences arising from such unavailability.
All Pland may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software and application. All provisions of the Terms which by their nature should survive termination, shall survive termination, and include,without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Following termination or deactivation of your account, or if you remove any User Content from the All Pland software and application, we may retain your content for a commercially reasonable period of time for backup, archival, or audit purposes.
Our Service may contain links to third party web sites or services that are not owned or controlled by All Pland. All Pland has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that All Pland 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 use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
These Terms shall be governed and construed in accordance with the laws of New South Wales , without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. You and All Pland agree to submit to the personal and exclusive jurisdiction of the courts located within the state of New South Wales.
The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. ALL PLAND SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
You agree to indemnify All Pland in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the service otherwise than in accordance with these Terms or Applicable Laws. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PLAND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.