PLANCLIENT TERMS AND CONDITIONS
Welcome to planclient.com (the “Site”). The Site is owned by and operated by or on behalf of PlanClient Retail Ltd, a US company that is part of the PlanClient group (collectively “PlanClient”, “us”, “we” or “our”). PlanClient provides you with access to this Site features to you subject to the following conditions. Please read these terms and conditions (“Terms” or “Agreement”) carefully as they apply to your use of the Site generally as well as when you register to create an account or purchase products through the Site without creating an account. By visiting this Site you accept these Terms. If you do not agree to these Terms, then please do not use the Site and feel free to contact us via our toll-free number for any questions or purchases.
We grant you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any access for or use of web scraping, data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of planclient.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without the express written consent of PlanClient. Any unauthorized use terminates the permission and license we have granted. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of planclient.com so long as the link does not portray PlanClient, or its products in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PlanClient logo or other proprietary graphic or trademark as part of the link without express written permission. Free Delivery and other offer order codes remain the property of PlanClient, are non-transferable and may not be reproduced in any form or used in conjunction with any other offer.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. PlanClient will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
Application and Account Details
All orders for products are subject to availability. In the event of supply difficulties we reserve the right to substitute items of equal quality and value. You will be notified of such substitutes when you place your order.
PlanClient attempts to be as accurate as possible. However, we do not warrant that product descriptions, sizes, colors, styles or other content of this Site is accurate, complete, reliable, current, or error-free. We have made significant efforts to accurately display the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. If a product you purchase is not as described, your sole remedy is to return it in unused condition. See Returns Information for additional information.
Copyright And Trademarks
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PlanClient or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of PlanClient and protected by U.S. and international copyright laws. All software used on this site is the property of PlanClient or its software suppliers and protected by United States and international copyright laws.
Planclient.com and other planclient.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of PlanClient in the U.S. and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not PlanClient’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PlanClient. All other trademarks not owned by PlanClient that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
It is the policy of planclient.com to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to PlanClient’s Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to our Designated Agent listed below.
- Notices of Alleged Infringement for Content Made Available Through Our Site.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice (“Notice”) complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on our website where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:”I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).””I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
- Deliver this notice, with all items completed, to our Designated Copyright Agent:
Company Secretary’s Department
- Counter Notices
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer or by PlanClient, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.A poster of allegedly infringing material may make a counter notice pursuant to the DMCA. When we receive a counter notice, we may reinstate the material in question. To provide a counter notice to us, please provide the following information to our Designated Copyright Agent.
- Identification of the material that has been removed or to which access has been disabled on our web site and the location at which the material appeared before it was removed or access to it was disabled.
- A statement as follows: “I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
- Your name, address, telephone number and, if available, email address.
- A statement as follows: “I hereby consent to the jurisdiction of the federal district court located in [_________] County in the State of [________], and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.”
- Provide your full legal name and your electronic or physical signature.
- The Counter Notice should be delivered to our Designated Copyright Agent:
Company Secretary’s Department
You will be responsible for assuring that any products you order comply with state and federal government import regulations. In particular please note that all shipments to destinations outside of the US may be subject to import duties and taxes, which are levied by the importing country at the time the shipment arrives in your country. All applicable duties, fees and any additional charges for customs clearance are your, our customer’s, responsibility.
Links To Other Sites
PlanClient makes no representations whatsoever about any other website that you may access through this Site. When you access a non-PlanClient website, please understand that it is independent from PlanClient, and that PlanClient has no control over the content on that website. In addition, a link to a non-PlanClient website does not mean that PlanClient endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
Disclaimer Of Warranties And Limitation Of Liability
This site and all information, content, materials, products and services included on or otherwise made available to you through this site are provided by PlanClient on an “as is” and “as available” basis, unless otherwise specified in writing. PlanClient makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. to the full extent permissible by applicable law, PlanClient disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. PlanClient does not warrant that this site; information, content, materials, products or services included on or otherwise made available to you through this site; their servers; or e-mail sent from PlanClient are free of viruses or other harmful components.
PlanClient will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. to the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of company to you with respect to your use of this site or any products sold by PlanClient is the lesser of (a) the purchase price for the product causing such liability and (b) $500 (five hundred dollars u.s.).
warranties relating to products offered, sold and distributed by PlanClient are subject to separate warranty terms and conditions, if any, provided with or in connection with the applicable products.
Governing Law And Jurisdiction
By visiting planclient.com, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and PlanClient. All actions and proceedings arising out of or related to this Agreement, any products (including personal injury and product liability claims) or your use of the Site shall be brought in the state or federal courts of New York and you consent to the exclusive personal jurisdiction of such courts.
Privacy And Other Policies
We reserve the right to make changes to our Site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
When you visit planclient.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.