PLEASE READ CAREFULLY BEFORE DOWNLOADING THE APP
This Registered End User License Agreement (“Agreement”) sets forth the terms and conditions governing the use by registered users of the Plano mobile software application, to be downloaded through the Apple Store or Google Play (“Plano”, or the “Application”, or “Plano’s Service”) that is designed to enable the user to access and operate the Application on any device the user owns or controls (the “Device”).
By becoming a registered user, completing the registration process, downloading the Application, using the Application, or clicking on the “Accept” button, the user agrees to be bound by all of the terms and conditions of this Agreement.
As the user, if you do not wish to accept this Agreement or do not agree to the terms and conditions herein, do not proceed with the registration and/or download this Application.
This Agreement is between users – parents/legal guardians/supervising adults and Plano Pte Ltd. that owns the Application. The user acknowledges that only Plano may provide maintenance and support services with respect thereof.
The user must also comply with the usage rules established by any third party service providers that apply to his/her Device (“Usage Rules”), incorporated herein by reference. It is the user’s responsibility to determine what Usage Rules apply to his/her use of the Application, based on among others: (i) Device, (ii) the method by which Plano was downloaded, and (iii) the third party from whom the user downloaded (i.e. Apple Store, Google Play or other online stores).
The user acknowledges that the network provider may charge the user for access to its connection services, as well as for the duration of the smart mobile device connection. The user is responsible for said costs, as well as any other third party costs associated with the use of the Application.
The terms and conditions of this Agreement apply to the use of the Application or any of the Services accessible through the Application, including updates or supplements, as shall be set forth below.
1.1 Plano reserves the right, at any time and from time to time, to update, revise, supplement and otherwise modify this Agreement. Any such alterations shall be come into force immediately for new users and within 30 days after notification for registered users, and incorporated into this Agreement.
2. Password Use and Security
2.1 The user must not reveal his/her password and must take reasonable steps to keep the password confidential and secure. The user agrees to immediately notify Plano if he/she become aware of or have reason to believe that there is any unauthorized use of his/her password or account or any other breach of security. Plano is in no way liable for any claims or losses related to the use or misuse of user password or account due to the activities of any third party outside of Plano’s control or due to user’s failure to maintain their confidentiality and security.
3. Grant of License
3.2 The Application is licensed, not sold to the user. Except as expressly granted by this Agreement or otherwise by Plano in writing, the user acquires no right, title or license in the Application or any data, content, software, application or materials accessed from or incorporated in the Application.
3.3 Except as required under applicable law, this license does not entitle the user to receive any maintenance or support services with respect to the Application. Plano may provide updates and/or support. Depending on the update, the user may not be able to use the Application until the user has downloaded the latest version of the Application and accepts the new terms and conditions. If provided by Plano, updates may be delivered automatically or the user may be notified when a new update is ready to be installed, or Plano will make such updates available for download. The user authorizes Plano to deliver automatically any update if Plano believes it is necessary to provide for the continued functionality of the Application or for any reasonable business purpose. The user’s use of the updates will be governed by this Agreement unless the user is asked to agree to new or additional terms and conditions at the time of download or installation. The user also agrees that he/she may have to enter into a renewed version of this Agreement if he/she wants to download, install or use a new or modified version of the Application.
4. Restrictions of License
4.1 The user shall use the Application strictly in accordance with the terms and conditions set forth herein, or as permitted by applicable law, and shall:
5. Intellectual property rights
5.1 The user acknowledges that all Intellectual Property rights in the Application, including in any and all updates thereof, anywhere in the world belong to Plano Pte Ltd., and that the rights in the Application are licensed, and not sold, to the user, and that the user has no rights, other than the right to use according to the terms and conditions of this Agreement.
5.2 In the event of any third party claim that the Application or the user’s possession and/or use of the Application infringes that third party’s intellectual property rights, Plano, not any service provider, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
6. Term and Termination
6.1 The license is effective upon the earliest of downloading of the Application and/or commencement of Plano’s Services, and shall remain effective for an indefinite period of time until it expires, until Plano terminates it, or until the user provides notice to Plano of the user’s decision to terminate it.
6.2 The user’s rights under this license will terminate automatically without notice to user if the user fail to comply with any of the provisions of this Agreement or fail to rectify a breach to any of the provision within 30 days of written notice (if possible).
6.3 Plano reserves the right at any time and from time to time to suspend, discontinue (temporarily or permanently), change, enhance, update or otherwise modify the Application and/or Plano’s Services, or its availability to the user, without notice.
6.4 Upon termination of this license, all rights granted to the user under this Agreement shall cease, and the user shall cease all use of the Application and immediately uninstall the Application on all Devices. The user agrees that Plano shall not be liable to the user or any third party for any such alteration.
6.5 The user may uninstall the Application at any time, at which point the license is terminated effective immediately.
7.1 The Application is provided to the user subject to the ‘Disclaimer of Warranties and Liability’ section of the Plano Website and Application Terms and Conditions (section 8), which is incorporated herein by reference.
7.2 Plano disclaims any responsibility for any harm, loss or damages resulting from the use of the Application. Any third party representation made in conjunction with the use of the Application is provided on an “as is” basis with no warranties whatsoever.
7.3 Plano makes no warranty hereunder and gives no guarantees with respect to the Application or in relation to the sale, distribution or use thereof. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to Plano’s warranty will be Plano’s sole responsibility.
7.4 To the extent permitted by applicable law, Plano excludes any implied warranties or conditions, including, without limitation, any implied warranties or conditions of quality, performance, results, durability, title, merchantability, fitness for a particular purpose and non-infringement arising by statute or otherwise in law or from a course of dealing or usage of trade arising out of or related to this Agreement or arising out of or related to any associated programs, processes, products or services or their performance or their failure to perform. Plano and/or any associated third party shall not be responsible for any breach of this Agreement.
7.5 The user acknowledges that she/he downloaded the Application at their own discretion and risk and that they will be solely responsible for any loss or damages resulting therefrom.
8. Product claims
8.1 The user acknowledges that Plano, not any service provider, is responsible for addressing any claim the user or any third party may have relating to the Application or the user’s possession and/or use of the Application, including but not limited to any claim that the Application fails to conform to any applicable legal or regulatory requirement; the user acknowledges that Plano is not responsible for addressing any claim with respect to product liability claims, and claims arising under consumer protection or similar legislation which shall be governed by terms and conditions of the respective Plano Partner as specified in Plano’s Website and Application Terms and Conditions.
9. Third party beneficiary
9.1 The user acknowledges and agrees that third party service providers are third party beneficiaries of these terms and conditions and upon the user’s acceptance of the terms and conditions of this Agreement, service providers will have the right (and are deemed to have accepted the right) to enforce these terms and conditions against the user as a third party beneficiary thereof.
10. Product questions and contact
10.1 Any questions, comments or claims with respect to the Application and/or the user’s use of the Application should be directed at Plano Pte Ltd. that licenses the Application, not any third party service provider, located at 395 JALAN BESAR. #04-01, SINGAPORE (209006).
11.1 Plano may transfer or assign its rights and obligation under this Agreement to another entity, however without effect on user rights and obligations.
11.2 Neither failure nor delay on the part of Plano to exercise or enforce any right, remedy, power or privilege shall operate as a waiver, unless such waiver is in writing.
11.3 No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
11.4 Plano’s Services may be interrupted, fully or partially, due to force majeure (meaning, events out of the control of Plano). Plano shall not be held liable for any loss or damage sustained directly or indirectly as a result thereof.
12.1 If any provision in this Agreement is held invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.
13. Dispute Resolution
13.1 The Application is provided subject to the ‘Dispute Resolution’ section of the Plano Website and Application Terms and Conditions (section 11), which is fully incorporated herein by reference, and any and all disputes arising from this Agreement shall be resolved as specified therein.
14. Governing Law and Venue
14.1 This Agreement will be governed by and construed in accordance with the laws of Singapore.
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