Terms of Use

By using the tomsplanner.com  web sites (“Service”), all services of Tom’s Planner N.V. (“Tom’s Planner N.V.”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Tom’s Planner N.V. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://tomsplanner.com/ termsofuse.html.

Violation of any of the terms below will result in the termination of your Account. While Tom’s Planner N.V. prohibits such conduct and Content on the Service, you understand and agree that Tom’s Planner N.V. cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

 

Warranties

While we have made every effort to ensure that the Content is free from error, Tom’s Planner N.V. does not guarantee or warrant the accuracy, adequacy or completeness of Content on this Tom’s Planner Site. All Content is provided on an "as is" basis and without guarantees or warranties of any kind, either express or implied (not including any responsibilities implied by law and which cannot be excluded). All Content is subject to change without notice. Tom’s Planner N.V. does not guarantee that this Tom’s Planner N.V. Site or Third Party Websites will be free from viruses or defects, or that access to the Tom’s Planner Site or Third Party Websites will be uninterrupted.

 

Limitation of Liability

Subject to any warranties implied by law and which cannot be excluded, Tom’s Planner N.V., its employees, contractors or agents, are not liable to you for any direct, indirect, special or consequential losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defense or settlement costs) whatsoever arising out of or referable to Content on the Tom’s Planner Site, to Third Party Material, or to your use or access of the Tom’s Planner Site whether such liability exists in contract, tort including negligence, statute or otherwise.

 

Account Terms

   1. You must be 13 years or older to use this Service.

   2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

   3. You must provide a valid email address, and any other information requested in order to complete the signup process.

   4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you would like.

   5. You are responsible for maintaining the security of your account and password. Tom’s Planner N.V. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

   6. You are responsible for all Content posted and activity that occurs under your account.

   7. If you are using a free account you are not permitted to block ads.

   8. One person or legal entity may not maintain more than one free account.

   9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

Copyright and Content Ownership

   1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

   2. Tom’s Planner N.V. does not pre-screen Content, but Tom’s Planner N.V. and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

   3. The look and feel of the Service is copyright © Tom’s Planner N.V.. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Tom’s Planner N.V..

 

Payments, Downgrading and Refund Terms

   1. The Service is billed in advance on a quarterly basis or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. To be fair to everyone, no exceptions will be made.

   3. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Tom’s Planner N.V. does not accept any liability for such loss.

 

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. You can cancel your account at any time by sending an email to tom@tomsplanner.com or by clicking the cancel link in the settings panel of the tool. Tom’s Planner N.V. will reply with a confirmation email and your service will be terminated within 24hrs of the confirmation email.

   2 Canceling an account will cause your account and all associated content to be deleted from the Service. This information cannot be recovered once your account is canceled.

   3. If you cancel the Service before the end of your current paid up quarter or year, your cancellation will take effect at the end of this quarter/year  and you will not be charged again.

   4. Tom’s Planner N.V., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Tom’s Planner N.V. service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Tom’s Planner N.V. reserves the right to refuse service to anyone for any reason at any time.

 

Modifications to the Service and Prices

   1. Tom’s Planner N.V. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

   2. Prices of all Services, including but not limited to monthly and annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Tom’s Planner Site (tomsplanner.com) or the Service itself.

   3. Tom’s Planner N.V. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

 

General Conditions

   1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

   2. Technical support is only provided on our support site and is available via email. Tom’s Planner N.V. makes no warranties on the responses to technical support requests and these will be responded as and when possible by Tom’s Planner N.V..

   3. You understand that Tom’s Planner N.V. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

   4. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Tom’s Planner N.V., or any other Tom’s Planner N.V. service.

   5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Tom’s Planner N.V..

   6. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

   7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Tom’s Planner N.V. customer, employee, member, or officer will result in immediate account termination.

   8. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

   9. You must not upload “spam” messages.

  10. You must not transmit any worms or viruses or any code of a destructive nature.

  11. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Tom’s Planner N.V.) of other Tom’s Planner customers, we reserve the right to immediately disable your account.

  12. Tom’s Planner N.V. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

  13. You expressly understand and agree that Tom’s Planner N.V. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Tom’s Planner N.V. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

  14. The failure of Tom’s Planner N.V. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Tom’s Planner N.V. and govern your use of the Service, superseding any prior agreements between you and Tom’s Planner N.V. (including, but not limited to, any prior versions of the Terms of Service).