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.
PRIVACY
Your
visit to our Site is also governed by our Privacy Policy found in Appendix A of
this document.
MEMBERSHIP ELIGIBILITY
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
If you use Planifico, you shall be responsible for maintaining the
confidentiality of your login and Password and you shall be responsible for all
activities that occur under your login and Password. You agree that if you
provide any information that is untrue, inaccurate, not current or incomplete
or that we have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, or not in accordance with the this Terms
of Use, JFMD has the right to indefinitely suspend, terminate or block access
of your membership with Planifico and refuse to provide you with access to the
Website.
COMMUNICATIONS
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
devices.
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.
USER CONDUCT
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.
PROPRIETARY RIGHTS
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.
GENERAL INFORMATION
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.
SUPPORT
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.
TERMINATION
You may cancel your
account at any time by emailing us at info@planifico.co.
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 info@planifico.co.
APPENDIX A
PRIVACY POLICY
JFMD Inc., owner and
operator of Planifico, considers that your privacy and personal information is great
importance. Our users (“Users”) include individuals who visit (“Visitors”) the
Website, related domain or subdomain, or mobile applications, individuals who
sign up (“Customers”) to use the Website and the related applications and
services (“Services”). This Privacy Statement applies to all Users and
describes our privacy practices in relation to the use of the Website and the
Services offered on Planifico. By visiting the Website or using the
Services provided on Planifico, you are consenting to the practices described
in this Privacy Policy.
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”).
Like many other commercial
websites, we also passively gather certain generic information by tracking
users’ activities and movements on our Website and their use of our Services
(“Site Navigational Information”), often through the use of cookies and other
tools to provide better services to all of our users. We are using, among
others, Google Analytics for statistical marketing purposes. You can review the
privacy policy of this supplier at https://www.google.com/policies/privacy/.
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.
ONLINE PAIEMENTS
Online website financial
transactions are handled through our payment services provider, Shopify. You
can review the provider's privacy policy at https://www.shopify.com/legal/terms. We may share Information
about Customers with our service providers so they can provide services on our
behalf and to help us with our billing, credit card processing, security and
fraud detection and prevention, and other business activities. These service
providers are authorized to use your personal information only as necessary to
provide these services to us.
COMPELLED DISCLOSURE
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
MOBILE APPLICATIONS
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
ERROR LOGGING
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.