Terms of Services

Last Updated: June 9, 2021

 

Welcome to Planny Drive. By deciding to continue to browse and use the website plannydrive.com (the “Website”) you agree to comply with and be bound by the following terms and conditions of use, which, together with our Privacy Policy, govern the relationship with you in relation to the Website and the Services.

 

1. Acceptance of Terms

Planny Drive Solutions Ltd. (hereinafter: “Planny Drive”, “We” or “Us”) provides the Service (as defined herein) to you (“User” or “You”), subject to the following terms of service (hereinafter: “TOS”) which may be updated by Us from time to time without notice to You. It is important for You to refer to these TOS from time to time to make sure that You are aware of any additions, revisions, or modifications that We may have made to these TOS. You can review the most current version of the TOS at any time at: https://money-gate.com/terms-of-services/ Your use of the Service constitutes Your acceptance of the TOS.

 

2. Service Description

Planny Drive currently provides information services to visitors of the Website (hereinafter: the “Users” and “Services”, respectively). Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Planny Drive website and/or App features and/or additional websites/Apps, shall be subject to these TOS, unless stated otherwise. We may change, suspend or discontinue any aspect of the Services at any time without prior notice to You or any other User. We may also impose limits on certain features and services or restrict access to parts of or all of the Services without notice or liability. You agree that these TOS are personal to You and that You may not resell, lease, license, assign or redistribute the Services, in whole or in part, to any third party. Planny Drive also may offer other services from time to time, which are governed by different terms of services, which are not related, directly or indirectly, to Us.

 

3. Registration & Privacy Policy

Registration is required in order for Users to receive any information and/or informational newsletters via email (hereinafter: the “Newsletters”). However, your registration shall not impose any obligation on Us to provide any particular service to You.

In order to register, Users are requested to give Us their contact information, demographic information and additional information as found suitable in Our sole discretion.

You must notify Planny Drive of any changes to Your registration details. For the avoidance of any doubt, Planny Drive may also use third parties to execute the registration. Registration data and certain other information about You are subject to our Privacy Policy.

 

4. Paid Subscriptions

The Service may allow you to purchase one or more paid subscriptions at a price of 24.99$ US dollars. (each a “Subscription”) to access to Planny Drive and its features, content, services, discounts, or other benefits (collectively, “Features”). Subscriptions renew automatically until cancelled as provided below.

Subscription Terms

Each Subscription requires a pre-paid contract commitment for a specific length of time specified at the time of purchase (the “Subscription Term”). Subscriptions are offered on an annual basis, but we may occasionally offer Subscriptions for different periods of time. Each Subscription Period begins on the date of purchase. Your access to the Features included in your Subscription will begin at the start of the Subscription Period and will end on the last day of the Subscription Period unless your Subscription is renewed (except as otherwise provided in this Agreement).

Automatic Renewals

After your initial Subscription Period, your Subscription will automatically renew for additional Subscription Periods of the same length, allowing you to conveniently maintain access to the Features. By purchasing a Subscription, you authorize us to automatically charge your payment method upon the end of the initial Subscription Period at the full Subscription price in effect at the time of renewal (plus applicable taxes), without any additional action by you. Promotions and discounts applied to the purchase of your initial Subscription or which may be advertised at the time of renewal are not applicable to automatic renewals.

In order to stop auto renewal of your Subscription, you must cancel your Subscription at least twenty-four (24) hours before the end of your current Subscription Period. If you submit your cancellation request less than 24 hours before the end of your current Subscription Period, your Subscription will automatically renew for the next Subscription Period and the cancellation will be effective at the end of that renewed Subscription Period.

Payment Terms

By starting your Subscription, you agree to pay the Subscription fee and any applicable taxes and service fees. The Subscription fee must be paid in full and in advance of each Subscription Period must be paid in full and in advance. All sales are final. No refunds will be given.

You must provide a credit card or other payment method acceptable to Planny Drive. By providing a payment method, you authorize us to charge the Subscription fee your payment method prior to the start of each Subscription Period unless and until your Subscription is cancelled in accordance with the terms of this Agreement. You represent and warrant that: (a) the payment method information you supply to us is true, correct and complete, (b) you are duly authorized to use such payment method for the purchase; (c) charges incurred by you will be honored by your payment method company; and (d) you will pay charges incurred by you at the posted prices and all applicable taxes, if any.

If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled your Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may change the start of your next Subscription Period and may change the date on which you are billed.

We will notify you of any increase or decrease in the Subscription fee price and, if required, seek your consent to continue. If we are not required to seek your consent, you will be deemed to have agreed to the increased or decreased Subscription fee price upon renewal of your Subscription or payment of the Subscription fee for the next Subscription Period. If you do not agree to a pricing change, you must cancel your Subscription in accordance with the terms of this Agreement.

We reserve the right to cancel your Subscription and/or terminate your account if we are unable to successfully charge your payment method with respect to an initial or renewal Subscription.

How to Cancel Your Subscription

You may cancel your Subscription, change your payment method, and review your account details at any time by logging on to your account through our website. If you cancel your Subscription, you will continue to have access to the Features through the end of your current Subscription Period (subject to the other terms herein). No portion of your payment for the current Subscription Period will be refunded.

Cancellation of a transaction in accordance with the Consumer Protection (Cancellation of a Transaction) Regulations, 2010 and the Consumer Protection Law, 5741-1981.

Modification, Suspension, and Discontinuation.

We regularly make changes to our Service and Features. The Features will change from time to time, and we reserve the right to replace, limit, remove, and change Features. Certain content and other Features may also be limited or restricted by law or limitations or considerations from third parties. We anticipate continuing to offer the Features, but we reserve the right to change, suspend, or discontinue (temporarily or permanently) some or all of the Service and Features as to some or all users, at any time and with or without notice. You understand and agree that Planny Drive will not be liable to you for any modification, suspension, or discontinuation of the Service or Premium Features.

 

5. Website Content and Information

The Website contains information, text, materials, pictures, videos and other goods and services (collectively, the “Materials”) that are provided for Your convenience only. You should be aware that the Materials may contain errors, omissions, inaccuracies, outdated information, and inadequacies. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.

The data and/or the information contained in the Website originates, in part or entirely, from third parties, including various websites over which Planny Drive has no control or ability to supervise, and is provided to You “AS-IS” for Your comfort and personal use only. Please be advised that such data and/or information may be changed and/or modified, and such changed and/or modifications may not be found in the Website.

You may not rely solely on the data and/or information and/or Materials that are provided by Planny Drive on the Website but shall conduct Your own research and authentication regarding the correctness of any of the Materials, data and information appearing on the Website.

The content provided by Planny Drive with regard to the Services is by no means, now, or in the future, to be regarded an offer and/or general, financial, investment legal and/or other counseling and may not be regarded a recommendation and/or opinion and/or a substitute to Your own personal discretion.

Please be advised, that often, the information located on Our website is opinion and not fact. We are glad to receive any comments You have with respect to the information posted on Our website to the following email address: info@plannydrive.com. It is Your responsibility to independently verify any information which You intend to rely upon, and We expressly disclaim any responsibility with respect thereto. If You are aware of any information on Our website which is factually inaccurate, hurtful or illegal, We urge you to inform Us so that We may act immediately to correct this.

Third party advertisers may offer goods, services and other materials to You on the Services. Your correspondence and business dealings with advertisers found on or through the Services including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You acknowledge and agree that We will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Materials on the Services.

Descriptions of, or references to, products or publications within the Services do not imply endorsement of that product or publication.

We do not represent or warrant that every action You take with regard to Your activities in connection with the Services will be lawful in any particular jurisdiction. It is incumbent upon You to know the laws that pertain to You in Your jurisdiction and act lawfully at all times when using the Services.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works from and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person.

You agree to bear all risks associated with the use of any Content available in connection with the Services, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree that we are not responsible for, and do not endorse, Content posted on the Services. If your Content violates these Terms, you may bear legal responsibility for that Content. As between you and us, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Content.

 

6. Links

The Services may contain hyperlinks to other websites which are not included as part of the Services (hereinafter: “Other Site(s)”). If You use the hyperlinks to access these Other Sites, You will leave the Services and Your browser will be re-directed to the Other Sites. Planny Drive may not have reviewed the content of any Other Site, and, whether it has reviewed the content of any Other Site or not, does not warrant or make any representation regarding any Other Site’s accuracy or authenticity. The hyperlinks to any Other Site do not constitute an endorsement by Planny Drive of any Other Site or resources, or their content. Planny Drive is only providing these links to You as a convenience, and the inclusion of any link does not imply endorsement by Planny Drive of the Other Site.

By clicking on Other Sites hyperlinks, We retain Your consent to transfer the Other Site some of Your details all in accordance to the Privacy & Cookies Policy.

Notwithstanding anything to the contrary contained in these TOS, We reserve the right to deny permission to link to the Services from any Website for any reason in Our sole and absolute discretion.

 

7. Copyright; Trademark

All Materials contained in the Services (hereinafter: the “Service Materials”) are protected by copyright and are owned and/or controlled by Planny Drive and/or its Affiliates (as defined below) and/or other third parties. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Services. Copying or storing any part of the Services is expressly prohibited without prior written permission from Planny Drive.

Planny Drive and other service marks, trademarks and logos displayed on the Services (hereinafter: the “Planny Drive Trademarks”) are the property of Planny Drive or its licensors. You agree not to display or use the Planny Drive Trademarks in any manner.

Permission to use Service Materials is granted provided that: (a) the copyright notice appears in all copies; (b) use of such Service Materials is for personal and non-commercial use only and will not be shared, copied or posted on any network computer or broadcast in any media; and (c) no modifications of the Service Materials are made.

 

8. Copyright Infringement

In the event that You are a copyright owner or an agent of such a copyright owner, and believe that any content on the Website infringes upon Your copyright, You are welcome to provide Us with the following information in writing:

1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material;
3. Information reasonably sufficient to permit Us to contact You, such as an address, telephone number, and, if available, an email address at which You may be contacted;
4. The following statement: “I have a good faith belief that use of the material in the manner described of is not authorized by the copyright owner, its agent, or the law”;
5. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
6. A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Planny Drive’s designated copyright agent to receive notifications of claimed infringement can be contacted at: info@plannydrive.com. A notice that fails to comply with the terms mentioned above may not be valid. Please be advised that You may be liable for damages (including attorneys’ fees and other expenses) if You materially misrepresent or claim that information posted on Our website is infringing Your copyrights. Therefore, if You are uncertain whether certain materials infringe Your copyrights, We recommend that You first obtain qualified legal advice.

Notwithstanding anything contrary, User hereby agrees and undertakes that it, at all times, shall keep and respect these TOS and terms of service agreements and copyright rights of third parties.

For the avoidance of any doubt, the User hereby undertakes not to display in public and/or for non-personal use any copyrighted materials of which the User is not the owner.

 

9. Representations and Warranties

You hereby warrant and represent that no consent, approval, order, license, permit, action by, and/or authorization of and/or designation, declaration, from any person and/or entity on your behalf, is required, that has not been, or will not have been, obtained by you prior to your use of the Services.

You hereby warrant and represent that the use of the Services is based upon your own investigation, analysis and/or experience.

Your decision to use the Services was taken independently by you and you confirm that you did not rely on any representations, warranties, advice, opinion or any other information (verbally or in writing) from Planny Drive and/or its respective officers, directors, employees and shareholders relating to the Services.

You further represent warrant and covenant that due to the nature of the Services, you shall at all times act in accordance with the applicable law in any relevant jurisdiction and shall diligently comply with regulatory procedures.

You further represent warrant and covenant that you bear sole and absolute responsibility for any and all obligations resulting from requesting and receiving the Services, including, but not limited to payment obligations.

You further represent warrant and covenant that you will not: (a) reverse engineer or decompile (whether in whole or in part) any software which may be available through the Services (hereinafter: the “Software”); (b) make copies, modify, reproduce, republish, post, transmit, distribute or alter all or any part of the Services or any materials contained on it.

 

10. Disclaimer of Warranties

THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, PICTURES, VIDEO, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PLANNY DRIVE MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT: (A) THE CONTENT ON AND PROVIDED THROUGH THE SERVICES; (B) THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES; (C) THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE SERVICES BY USERS; (D) ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (E) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR ANY LINKED SITE. PLANNY DRIVE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PLANNY DRIVE DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SERVICES, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES. FURTHER, PLANNY DRIVE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

PLANNY DRIVE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

 

11. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL PLANNY DRIVE BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THE SERVICES AND/OR OF THE WEBSITE, EVEN IF FORESEEABLE OR PLANNY DRIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION.

 

12. Indemnity

You agree to defend, indemnify and hold Planny Drive harmless with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with the Services or this TOS, including, without limitation, Your use of the Services. Specifically, without derogating from the generality of the foregoing, You agree to defend, indemnify and hold Planny Drive harmless against any loss or damage arising from Your unauthorized use of the Website or Your disclosure of incorrect information from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these TOS.

Notwithstanding the foregoing, Planny Drive retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Planny Drive herein under the terms and provisions of this Section ‎11 and in no event shall you settle any such claim without Planny Drive’sprior written approval.

 

13. Governing Law

THIS AGREEMENT AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE THE STATE OF ISRAEL, WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. THE COURTS OF LONDON, ENGLAND SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION OVER ANY DISPUTE BETWEEN THE PARTIES HERETO.

 

14. Miscellaneous

This TOS contains the sole and entire agreement between the parties with respect to the use of the Services and the Website and supersedes any and all other prior written or oral agreements between them. Captions contained in this TOS are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this TOS or the intent of any provision of this TOS. It is the intent of the parties that neither this TOS, nor any covenant in this TOS, shall be construed against either party pursuant to the common law rule of construction against the drafter. If any provision of this TOS shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this TOS. Notwithstanding the foregoing, Planny Drive retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Planny Drive herein under the terms and provisions of this Section ‎13 and in no event shall You settle any such claim without Planny Drive’s prior written approval.