1.Agreement is legally binding
1.1.1.In consideration of PlanDo providing you with its products and services, you are entering into a legally binding agreement with PlanDo Human Capital Pty Ltd ACN 146 492 239.
1.1.3.You must comply with all applicable laws and the Agreement as amended by us from time to time. Where those amendments are material, we may give you prior written notice in accordance with the “Notices” clause below.
1.1.4.By using PlanDo, you acknowledge that you have read, understood and agree to be bound by the Agreement. And by continuing to use our products and services after it has been amended, you consent to, and agree to be bound by, those amendments.
2.Ownership and licence of information and content
2.1.1.We do not claim ownership of the information you provide, or the information provided by third parties about you, through the use of our products or services.
2.1.2.Instead you grant PlanDo a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licencable right to exercise your copyright so that PlanDo may adequately provide its products and services to you.
2.1.3.Pursuant to this licence, PlanDo may grant others access and share rights to your content and information in accordance with the Agreement and your settings.
3.Conditions of access to PlanDo
You must strictly observe and comply with each of the following conditions.
(i)comply with all applicable laws, including, without limitation, privacy laws, defamation laws, intellectual property laws and regulatory requirements;
(ii)use your real name on your profile;
(iii)only post, submit or upload any information or content on Plando which is accurate and up-to-date;
(v)review and comply with any notices sent by PlanDo; and
(vi)keep your password secure and confidential;
(vii)not permit anyone else to use your account or use anyone else’s account;
(viii)not sell or transfer your PlanDo account to anyone else or charge anyone else for access to PlanDo.
(b)You must not:
(i)post, submit or upload any information or content to PlanDo which:
(A)is false, illegal, inaccurate, inappropriate, defamatory, discriminatory or otherwise objectionable;
(B)includes information that you do not have the right to disclose;
(C)infringes any other agreement to which you are a party, any rights of PlanDo or any third party or any other law;
D)includes any unsolicited or unauthorised advertising or promotional materials;
(E)contains software viruses or computer codes that interrupt or interfere with functionality of PlanDo or devices on which PlanDo is being used;
(ii)use the information found on PlanDo except as permitted in the Agreement;
(iii)act in a way which breaches the Agreement and any applicable laws, including, without limitation, privacy laws, defamation laws, intellectual property laws and regulatory requirements.
Subject to you complying with all of your obligations in the Agreement, PlanDo grants you a limited, revocable, non-exclusive, non-assignable and sub-licensable right to use PlanDo’s products and services solely for the purposes of receiving the benefit of those products and services. PlanDo retains all its intellectual property rights in the PlanDo products and services, including any derivative works.
5.PlanDo’s rights and obligations
5.5.1.Subject to you complying with all of your obligations in the Agreement, PlanDo will provide you with its products and services on the terms set out in the Agreement.
5.5.2.PlanDo may, in its sole discretion:
(a)modify, amend, suspend or discontinue PlanDo’s products or services;
(b)refuse access to PlanDo;
(c)remove any content from PlanDo if deemed by PlanDo to be contrary to the Agreement or any applicable law.
5.5.3.PlanDo does not give any express warranty as to the suitability or availability of our products or services.
5.5.4.PlanDo does not give any implied warranties, except for those implied under the Competition and Consumer Act 2010.
If you purchase any products and services from PlanDo, either on a subscription or “one time charge” basis, you agree to pay all fees as they become due and payable. You also agree to pay any fees applicable to those products and services, of which you had prior notice, and including (without limitation) any reasonable collection costs and taxes. The fees and terms of payment applicable to our products and services will be detailed on the PlanDo application and will be replicated in any invoice we send you.
7.Warranties and acknowledgements
7.7.1.You represent and warrant to PlanDo that:
(a)you are an individual at least 15 years of age, a body corporate registered in Australia, a partnership, an Australian government body or an association;
(b)you are not restricted from using PlanDo;
(c)you will only maintain one PlanDo account at any given time;
(d)you have full power and authority to enter into the Agreement;
(e)by entering into the Agreement you will not breach any other agreement to which you are a party, any rights of PlanDo or any third party or any other law.
(f)you are entitled to post, upload or submit to PlanDo all information and content that you post, upload or submit to PlanDo and that such information and content are not confidential and are not in breach of any agreement, third party rights or any other law.
7.7.2You acknowledge and agree that:
(a)any information or content you post, upload or submit to PlanDo is at your own risk of loss;
(b)PlanDo is not responsible for misuse or misappropriation of any information or content you post, upload or submit to PlanDo;
(c)PlanDo is not responsible for the information or content that may be posted, uploaded or submitted to PlanDo by you or anyone else and is not responsible for any loss or damage whatsoever and howsoever arising that may be caused to you or anyone else by the posting, uploading or submitting of such information or content;
(d)PlanDo may use the information you provide to PlanDo in accordance with the Agreement;
(e)PlanDo is not liable for identity theft or any other misuse of your identity or information by others;
(f)Except for any liability arising under the Competition and Consumer Act 2010, Plando is not liable for any loss, including any consequential loss, to you or any third party from your use of PlanDo;
(g)PlanDo does not guarantee continuous, uninterrupted or secure access to its products or services;
(h)PlanDo is released from any liability howsoever arising in relation to a dispute between you and any other user of PlanDo products and services;
(i)if you are dissatisfied with the products or services provide by PlanDo you can close your account and terminate the Agreement in accordance with clause 10 below and such termination will be your sole and exclusive remedy.
If you have a dispute with one or more PlanDo users, you release PlanDo, its related bodies corporate, employees, agents and directors from any loss, damage, claim or demands of any kind arising out of or in any way connected with such dispute.
You indemnify PlanDo against any loss, damage, claim, action, penalty, liability, cost, charge, expense, outgoing or payment (including, without limitation, legal costs and expenses on a full indemnity basis) which PlanDo suffers, incurs or is liable for at any time under or in connection with:
(a)the breach of the Agreement or any applicable law by you;
(b)any information or content you post, submit or upload on PlanDo;
(c)any activity which you undertake by using PlanDo.
10.10.1.You may terminate the Agreement at any time by ceasing to use the Plando services or products.
10.10.2.PlanDo may terminate the Agreement and your account at any time effective immediately with or without notice.
10.10.3.Without limiting the generality of the above, PlanDo may restrict, suspend or terminate your account or terminate the Agreement if you breach the Agreement or any law.
10.10.4.Upon termination of your PlanDo account or the Agreement, you lose access to PlanDo, its products and services.
10.10.5.All terms of the Agreement survive termination except for clauses 4 and 5 above.
The laws of New South Wales, Australia will govern this Agreement and your use of PlanDo products and services and you submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, void or unenforceable, the relevant provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties.
11.3.1.You agree to receive all communications and notices from PlanDo in electronic form. Communications and notices will be posted on PlanDo website and/or sent to the email address you have provided to PlanDo.
11.3.2.Any notices to PlanDo should be given by mail to:
C/o PlanDo Human Capital Pty Ltd
74 Pitt Street, Sydney New South Wales 2000
11.3.3.Notices are deemed given when the email enters the server of your email address. Alternatively, PlanDo may give you notice by mail to the address you have provided to PlanDo. In such case, notice shall be deemed given 3 days after the date of mailing.
This Agreement sets out the entire agreement between us in relation to your use of PlanDo products and services and supersedes all prior agreements and understandings.
11.5.Amendments to the Agreement
PlanDo may amend the Agreement at any time. Amendments to the Agreement will be posted on our website http://www.plando.com.au and will take effect from the time of such posting.
You may not assign, transfer, rent or sell any of your rights or obligations under the Agreement. PlanDo may assign any of its rights and obligations under the Agreement without notice to you.