Terms of Service

These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your access and use of the internet website owned and operated by Levant Software Technology Pty Ltd (“Levant”, “Planium Pro”, “we”, “us” or “our”) located at PlaniumPro.com (the “Site”) and the services available include, without limitation, the ability to create, collaborate on, and host a strategic business plan (the “Services”). This Agreement forms a legally binding contract between you and Levant. Please review this Agreement carefully.

If you do not agree to be bound by these Terms, please do not access or use the Site or Services. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access the Services as an authorised representative.

We may update this Agreement or the Privacy Policy at any time, therefore it is your responsibility to review this Agreement and the Privacy Policy each time you access the Site. Your continued use of the Site and/or the Services shall be deemed irrevocable acceptance of any such revisions.

By registering to use the Service you acknowledge that you have read and understood these Terms and have the authority to act on behalf of any person for whom you are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.

 

  1.  Service Delivery

    1.1. You acknowledge and agree that the information contained and accessed on or through the Site and the Services is provided by us for general guidance and is intended to offer you general information. The information provided is not intended to be a substitute or replace any professional advice, consultancy or service. You should consult with a professional for financial, consulting, tax, legal or such other relevant professional advice.
    1.2. You acknowledge and agree that there is no guarantee that access to our Services will be without disruptions, delays or communication-related flaws. We are not liable for any such disruptions, delays or other omissions in any communication experienced when using our Services or the Site. We will use reasonable endeavours to notify you before access to the Services is suspended or restricted.
    1.3. You agree that we may:

    • temporarily suspend or restrict access to the Services or Site to carry out maintenance, upgrades, repairs and/or make improvements to the Services or Site; and
    • change any technical and/or other features of the Services or Site in order to keep pace with the latest demands and technological developments or to comply with any regulations.

    1.4. We may change these User Terms or the way we provide the Services or Site, at any time. If we do:

    • the change will take effect when we post it on the Site or through the Services; and
    • you will be bound by the change immediately upon it being posted on the Site or accessed through the Service. Please check these User Terms periodically to inform yourself of any changes.
  2. Acceptable Use and Conduct

    In using the Services or Site, you agree that you will:
    2.1. not access, input or upload any contribution or content to the Site without our express written consent;
    2.2. ensure that all of your employees, contractors and agents who use the software agree to abide by these User Terms and the Privacy Policy;
    2.3. promptly respond to all reasonable requests made by us for instruction and information, and promptly do all things reasonably necessary to enable us to fully and effectively provide the Services or Site;
    2.4. use the Services or Site properly and for its intended purpose, in accordance with these User Terms and any written instructions which may be received from us from time to time;
    2.5. only use the Services or Site in accordance with industry best practices for internet protocol;
    2.6. not publish or make available any Content that infringes, violates or misappropriates any third party’s intellectual property or proprietary rights;
    2.7. ensure that the Services or Site are not used for the sending of unsolicited emails, or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests (including, without limitation, any form of spamming);
    2.8. not make available, upload or distribute by any means any material or files that contains software viruses, Trojan horses, worms, Easter eggs, spyware, malware, or any other computer code, files or programs that are designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or that are designed to access, disclose, monitor or destroy data without authorisation;
    2.9. not share with a third party any login credentials to the Site or Services;
    2.10. not use the Services or Site for the purposes of data mining, extraction, collection, emulating, phreaking, hacking, password cracking, IP spoofing or overloading the Site or Services, “framing”, inserting pop-up windows, interstitial pages, advertisements, performing any automated operation or any such other similar actions.
    2.11. not use the Services or Site to collect, use or disclose data, including personal information about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
    2.12. not use or allow anyone else to use the Services or Site to directly or indirectly input content which is or may be malicious or defamatory, software which assists in or promotes emulators, phreaking, hacking, password cracking, IP spoofing, anything illegal, obscene, offensive, threatening, violent, sexually explicit, pornographic, promotes discrimination or animosity to any person on grounds of gender, race, religion, nationality, disability, sexual orientation, age, is likely to harass, intimidate, bully, upset, embarrass, alarm, annoy any other person, is likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person, give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business, solicit passwords or personal information from anyone, be used to send any communication by automated email or otherwise, be incomplete or inaccurate or submitted otherwise than as requested by the Site or through the Services, request personal information from other users nor post any unnecessary personal information about you or any user without their permission or link to any of the material specified above in this paragraph.
    2.13. must not impersonate a Levant Software Technology Pty Ltd employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, for any reason, including to obtain access to the Site or a portion thereof without proper authorisation;
    2.14. not engage in spamming, “chain letters”, “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate this Agreement, the Privacy Policy or any applicable laws, regulations or generally-accepted advertising or marketing industry guidelines;
    2.15. You must only use the Service and Website for your own lawful internal business purposes, in accordance with these Terms and any notice sent by Planium Pro or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if you do so you must ensure that you are authorised to do so and that all persons for whom or to whom Services are provided comply with and accept all the Terms of this Agreement that apply to you.
    2.16. As a condition of these Terms, when accessing and using the Services, You must:

    • not attempt to undermine the security or integrity of Planium Pro’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
    • not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other User to use the Services or Website;
    • not attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system on which the Services are hosted;
    • not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or data in violation of any law (including data or other material protected by copyright or trade secrets which you do not have the right to use); and
    • not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.

    2.17. You acknowledge and agree that you:

    • own or have rights to use all contributions that are input into the Service or Site;
    • have the authority or permission of any third party in respect of any personal information provided to us;
    • are responsible and liable for any breach of intellectual property rights, defamation, or any law, which may occur as a result of any contributions by you or any of your Invited Users input when using the Services or Site;
    • will immediately notify us of any security breach or unauthorised use of your account;
    • are responsible for determining what information should be input into the Site or Services and what can be shared; and
    • irrevocably release us from any right or claim arising out of or in connection with any contribution inputted by you or your Invited Users.

    2.18. The Services may include a community forum or other social features to exchange content and information with other users of the Services and the public. Planium Pro does not support and is not responsible for the content in these community forums. Please be respectful when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Planium Pro is not responsible.
    2.19. Planium Pro may freely use feedback you provide. You agree that Planium Pro may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Planium Pro a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Planium Pro in any way.

  3. Membership and Payment

    3.1. We grant you a non-transferable, non-exclusive, and limited by and subject to this Agreement licence to access and use our service.
    3.2. To the extent you access or use the Site or Services through a third party, you agree to be bound by these User Terms and shall not use the Services or access the Site otherwise than as contemplated by these User Terms.
    3.3. Subscriptions for the Services are only for the length of time for the period you have paid for. The prices payable for Services are set out on the Pricing & Sign-up page. All Services are to be paid in full, prior to accessing the Services, by the Account Holder of the legal entity for the subscription period selected.
    3.4. We reserve the right to change prices at any time. The new price will come into effect at the end of your current subscription period.
    3.5. The price charged for any Services may differ from one country to another. You are only entitled to the lowest price if you reside in the respective country.
    3.6. All prices exclude taxes and you are responsible for payment of any applicable taxes or duties.
    3.7. When you purchase Planium Pro, you are committing to monthly or annual billing until you cancel the subscription.
    3.8. At the end of the period for which you have paid, your account will auto renew for a further subscription period of the same duration at the then-current rates. Payment will be taken from the credit card you have previously provided and notification will be sent to you at your last known email address or to your billing email address (if provided). If for any reason you don’t receive notification, it will not entitle you to a refund of monies paid.
    3.9. Cancellation and/or termination of these User Terms by you or us at any time for any reason will not entitle you to a refund of monies paid.
    3.10. At any time, you may use the “Manage Subscription” tab on the Account page of the Site and change your requirements for Services. The new Services will come into effect immediately. If your new subscription costs less than your old subscription, you will receive a credit that will be applied to future subscription payments. If your new subscription costs more than your old subscription, you will charged pro rata for the time remaining in the current subscription period.
    3.11. At any time before the expiry of your subscription, you may choose “Account” from the main menu to access the company details on the Site and discontinue the subscription, either by suspending or deleting the account, which will take effect at the end of the current subscription period.
    3.12. When you first sign up for access to the Services, You may evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If you choose to continue using the Services thereafter, you will be required to add a payment method and you will be billed according to the conditions of the plan you selected.
    3.13. These Terms will continue for the period covered by the Access Fee paid. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided you continue to pay the prescribed Access Fee in accordance with the Fee Schedule, unless either party terminates these Terms in accordance with the terms of termination of this agreement.
    3.14. If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any further use of the Services.

  4. Intellectual Property

    4.1. You acknowledge that our intellectual property includes all statutory, common law and proprietary rights of a party, including patents, designs, trademarks, copyright works, layout designs, know-how and other information, whether registered or unregistered (including applications for such rights) as may exist anywhere in the world at any time (Intellectual Property) in relation to the Services and Site.
    4.2. We retain sole and exclusive ownership (including all the Intellectual Property rights) in the Services and the Site, whether in its original form and/or as modified by any person.
    4.3. You acknowledge and agree that:

    • nothing in these Terms intends to transfer any such Intellectual Property rights to, or to vest any such Intellectual Property rights in you; and
    • you will not at any time directly or indirectly challenge or contest ownership of our or any third party’s Intellectual Property rights who are providing the Site or Service.

    4.4. You acknowledge and agree that all title and intellectual property rights in and any third party content that may be accessed through use of the Services or Site is the property of the respective content owners and may be protected by applicable copyright or other Intellectual Property laws and treaties.
    4.5. You acknowledge and agree that materials on the Site and provided through the Services may not be modified, reproduced, publicly displayed or used for any public or commercial use without our express permission in writing (including third party links). If you do not obtain our express written permission we bear no risk, responsibility or liability.

  5. Data

    5.1. We will store personal information in accordance with the Privacy Policy. We have reasonable security policies and procedures in place to protect personal information from unauthorised loss, misuse, alteration or destruction. Despite our best effort, we cannot guarantee our security against all threats. We will use all reasonable efforts to ensure that access to personal information is limited to those who need to know.
    5.2. We may use all data and contributions input by you in order to provide and improve the Services, troubleshoot problems, prevent, detect and investigate potentially prohibited or illegal activities, enforce these User Terms, manage, customise and improve our services, content and advertising, tell you about our services, provide you with targeted marketing, service updates, and promotional offers preferences and compare information for accuracy, and verify it with third parties.
    5.3. Access to all data and contributions input by you is conditional on subscription payments for the Services being up to date.
    5.4. If your subscription isn’t renewed (for whatever reason) or the Account Holder suspends the account, all data and contributions input by you will be retained and you can regain access again whenever the account is reactivated.
    5.5. If the Account Holder deletes the Planium Pro account or the account is terminated (for whatever reason), all data and contributions input by you will be permanently deleted.
    5.6. All your data remains your property. However, your access to the data is contingent on full payment of the Planium Pro subscription fee when due. You grant Planium Pro a licence to use, copy, transmit, store, and backup your information and data for the purposes of enabling you to access and use the Services and for any other purpose related to provision of the Services to you.
    5.7. Anonymous Data: You acknowledge and agree that we may collect information you provide to us, as well as information about your use of the Services and, after removing any identity information, we may use the aggregated anonymous data to evaluate and enhance the Services and otherwise for any business purpose, during and after the term of this Agreement, including without limitation to develop industry benchmarks, best practice guidelines, reports, or recommendations for other Planium Pro customers and partners. You also acknowledge and agree that we may provide your aggregated anonymised data to any third party.
    5.8. You must maintain copies of all data inputted into the Service. Planium Pro adheres to its best practice policies and procedures to prevent data loss, including a daily system data backup regime, but does not make any guarantees that there will be no loss of data. Planium Pro expressly excludes liability for any loss of data no matter how caused.
    5.9. If you enable third-party applications for use in conjunction with the Services, You acknowledge that Planium Pro may allow the providers of those third-party applications to access your data as required for the interoperation of such third-party applications with the Services. Planium Pro shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by third-party application providers.

  6. Liability

    6.1. All representations and warranties in respect of the Services whether statutory, express or implied are expressly excluded (except any which may not be lawfully excluded), including, without limitation, the implied warranties of merchantability and fitness for any particular purpose.
    6.2. To the fullest extent permitted by law, in no event will we be liable to you for any direct, indirect, incidental, special, economic or consequential loss or damage or loss of revenue, profits, goodwill, bargain or opportunities or loss of anticipated savings incurred or suffered by you whether caused by negligence or otherwise or whether or not we were aware or should have been aware of the possibility of such loss or damage.
    6.3. To the fullest extent permitted by law, if we are held or found to be liable to you for any matter, whether based on an action or claim in contract, equity, negligence, tort, or under any indemnity or otherwise, the amount of damages recoverable against us for all events, acts or omissions will not in aggregate exceed the fees paid for the preceding three months by you in respect of your use of the Site or Services.

  7. Indemnity

    7.1. You agree to indemnify, defend, and hold harmless Levant Software Technology Pty Ltd, its affiliates and its and their respective owners, investors, contractors, officers, directors, members, managers, partners, shareholders, licensors, suppliers, customers, employees, agents, third-party advertisers, technology providers and service providers from and against any loss, damage, cost, or liability (including, reasonable attorneys’ fees) resulting from or relating in any way to a third-party claim, demand, action or proceeding that arises out of this Agreement or the Site, including but not limited to in relation to:

    • your use, non-use or misuse of, or connection to the Site, the Services and any Content (including without limitation your Content and any third party Content) forming part of the Site;
    • your breach or alleged breach of this Agreement;
    • your violation of any rights, including intellectual property rights of a third party;
    • your violation or alleged violation of any laws; or
    • your use or exploitation of any information obtained from the Site (including, without limitation, any use or transfer of email addresses in violation of global and Australian anti-spam laws and regulations).

    7.2. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Levant. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  8. Provision and Acknowledgements

    8.1. You warrant that where you have registered to use the Service on behalf of another person, you have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service you bind the person on whose behalf you act to the performance of any and all obligations that you become subject to by virtue of these Terms, without limiting your own personal obligations under these Terms.
    8.2. Planium Pro gives no warranty about the Services. Without limiting the foregoing, Planium Pro does not warrant that the Services will meet your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
    8.3. If you are not satisfied with the Service, your sole and exclusive remedy is to terminate these Terms.

  9. Cancellation & Termination

    Planium Pro may take any or all of the following actions, at its sole discretion:
    9.1. Terminate this Agreement and your use of the Services and the Website;
    9.2. Suspend, for any definite or indefinite period of time, your use of the Services and the Website;
    9.3. Suspend or terminate access to all or any data.
    9.4. For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of your billing contacts, billing plans or any of your organisations is not made in accordance with the requirements set out in the Fee Schedule, Planium Pro may: suspend or terminate your use of the Service, the authority for all or any of your organisations to use the Service, or your rights of access to all or any data.
    9.5. Use of the Site and/or Services may be terminated by:

    • the Account Holder using the “Manage Subscription” on the Account page of the Site and discontinuing renewal of the subscription when the current monthly or yearly subscription expires, either by suspending or deleting the account, with termination taking effect when time elapses on the remaining period of your subscription already paid for;
    • immediately by either party if a trustee receiver, administrative receiver or similar officer is appointed in respect of all or any part of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or other steps are taken for the winding up of the other party or for the making of an administration or bankruptcy order (otherwise than for the purpose of an amalgamation or reconstruction).

    9.6. Termination by either party shall have the immediate following effects:

    • you will pay any and all fees and other charges you have incurred to us (including your standard monthly charges and any additional charges payable in arrears) which have not been invoiced prior to the date of termination;
    • you will cease to have access to and use the Services and Site;
    • your right to use the Services and Site immediately ceases;
    • we are under no obligation to forward any unread or unsent messages to you or any third party;
    • there shall be no reimbursement of credit if we decide in our absolute discretion that you have failed to comply with any of the terms of this Agreement; and
    • is without prejudice to any other rights or remedies to which a party may be entitled.
  10. General Terms

    10.1. You are using and acquiring the Services for the purposes of a business and therefore the provisions of the Australian Consumer Law or any other relevant consumer legislation in any country will not apply (to the extent such liability may be excluded by law).
    10.2. No delay, grant of time, release, compromise, forbearance (whether partial or otherwise) or other indulgence by a party in respect of any breach of the other party’s obligations under these Terms is to:

    • operate as a waiver or prevent the subsequent enforcement of that obligation; or
    • be deemed a delay, grant of time, release, compromise, forbearance (whether partial or otherwise) or other indulgence in respect to, or a waiver of any subsequent or other breach.

    10.3. These Terms are governed by and shall be construed in accordance with the laws of Australia. The parties submit to the non-exclusive jurisdiction of the courts of Australia.
    10.4. Service availability: Whilst Planium Pro intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place. If for any reason Planium Pro has to interrupt the Services for longer periods than Planium Pro would normally expect, Planium Pro will use reasonable endeavours to publish in advance details of such activity on the Website.
    10.5. These Terms, together with the Planium Pro Privacy Policy and the terms of any other notices or instructions given to you under these Terms of Use, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Planium Pro relating to the Services and the other matters dealt with in these Terms.
    10.6. Waiver: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
    10.7. Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
    10.8. No Assignment: You may not assign or transfer any rights to any other person without Planium Pro’s prior written consent.
    10.9. Severability: If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
    10.10. Planium Pro does not give professional advice. Unless specifically included with the Services, Planium Pro is not in the business of providing legal, financial, accounting, management, human resources or other professional services or advice. Consult the services of a registered professional when you need this type of assistance.
    10.11. We may tell you about other Planium Pro Services. You may be offered other services, products, or promotions by Planium Pro (“Planium Pro Services”). Additional terms and conditions and fees may apply to those other Planium Pro Services. With some Planium Pro Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Planium Pro permission to use information about your business and experience to help us to provide the Planium Pro Services (including other products and services you might be interested in), to develop new products and services, and to enhance the Services.
    10.12. Communications: Planium Pro may be required by law to send you communications about the Services or third party products. You agree that Planium Pro may send these communications to you via email or by posting them on our websites.
    10.13. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

Version: 8 August 2019