This document is an electronic record. This electronic record is computer system generated and does not require a physical or electronic signature.
Please read these terms of use carefully prior to use of or registration on the domain https://planbye.com (“website”). any use of the website shall signify your understanding, verification and acceptance of these terms and you shall be considered legally bound in this regard. by accepting these terms of use you also agreed to be bound by other plan bye policies including but not limited to our privacy policy.
B. GENERAL
The Website is owned by Thriller Life Sports Private Limited a private limited company registered under the Companies Act, 2013 with its registered office at 41, 4th B Block, 7th B Cross, Koramangala, Bangalore - 560034 (hereinafter referred to as “Plan Bye”, “We” or “Us”).
The following terms and conditions shall apply to your use of the Website (“Terms of Use”). These Terms of Use may be updated from time to time subject to our own policies or change in applicable law. Plan Bye shall not be obliged to notify you of such changes and your continued use of the Website shall signify that you have understood and accepted such new or updated Terms of Use.
All data usage, internet, telephony, hardware, software, maintenance and such associated charges connected with Your accessing the Website or the Services, shall be wholly to Your account and shall not be borne in any way, shape or form by Plan Bye.
Where You access Service that is provided against payment of a fee, You agree that You will responsible for all such payments as well as any associated taxes. Where You chose to pay such fee through a credit card, bank transfer or other similar methodology, You warrant that You are authorised to use such payment services and that You will indemnify and hold harmless Plan Bye against any unauthorised use of such services by You.
By using the Website you will be contracting with Plan Bye, unless specified otherwise, and these Terms of Use as well as the privacy policy of the Website will constitute the mutual - legally binding - obligations of both You and Plan Bye.
The terms “You”, “Your” or “User” is a reference to you the person using this Website for any purpose whatsoever, whether you are a natural or legal person irrespective of whether or not you have registered on the Website.
In exchange for your compliance with our Terms of Use, privacy policy and other terms and conditions, incorporated by reference, we grant you a non-exclusive, non-transferable privilege to enter and use the Website.
C. THE SERVICE
This Website is a platform enabling Users to store information and documentation – whether personal, sensitive, confidential or not - on an encrypted platform running [name of technology] and to have this information shared or transmitted in specific ways based on the instructions and directions of Users themselves, upon payment of fees to Plan Bye or otherwise (“Service”). PLEASE NOTE THAT PLAN BYE DOES NOT CURATE, REVIEW OR HAVE DIRECT ACCESS TO ANY INFORMATION THAT YOU UPLOAD AND STORE THROUGH THE WEBSITE.
The Service is chargeable in accordance with the terms as they appear hereto, as modified from time to time:
1. Processing fees (Users): Plan Bye may require, at its own discretion, Users to pay a one-time non-refundable service fee;
2. Subscription Fees: Plan Bye may specify subscription fees as may be determined by Plan Bye from time to time.
3. Third-party services: Plan Bye may facilitate third-party services such as those provided by lawyers and other professionals in respect of estate planning etc.
4. Any such services as may be introduced and charged by Plan Bye from time-to-time.
The quantum of the payment towards each of the above is updated from time to time; for the latest fees please refer to the homepage of the Website.
The processing fees payable by the Users shall be non-refundable. In respect of subscription fees, all aspects relating to refunds shall be at the discretion of Plan Bye or in a manner provided for under local laws. Plan Bye’s decision in respect of all refunds shall be final, binding and unappealable.
It is hereby expressly clarified that no other requests for refunds shall be processed or entertained by Plan Bye.
In respect of all services provided by third-party service providers, the arrangement for services will only be facilitated by Plan Bye. The services will be provided directly between third-party service providers and Users and any disputes arising in that respect will have to be resolved, unless otherwise provided on the Website, between the User and the service provider.
D. ELIGIBILITY
Membership – Users
Use of the Website is available to all persons aged 18 years and above. Users may register either directly with the Website or through their LinkedIn.com (“LinkedIn”), Facebook.com (“Facebook”), Plus.Google.com (“Google+”) accounts.
If You are a minor – under the age of 18 years - You are required to declare this information at the time of registration as a User. Please note that if You are below 18 years of age we reserve the right to refuse registration all together
If it is discovered at any point of time to Plan Bye that You are younger than 18 years of age and have failed to declare this at the time of registration, Plan Bye reserves the right to terminate your membership immediately and to take appropriate legal action, where applicable, against You.
Even other than in circumstances where You are found to have declared your age incorrectly, Plan Bye reserves the right to unilaterally terminate your Account and refuse access to any Service offered on the Website without providing You with any reasons or explanations.
You shall refrain from transferring, selling or trading your Account to any third parties. Any such actions on your part that comes to Plan Bye’s notice shall result in the immediate termination of your Account.
E. ACCOUNT AND SECURITY OBLIGATIONS
The full use of the Website is only available to You upon providing certain required information, which facilitates the creation of Your account (“Account”). To have access to Your Account You will choose your own use name and password for access. You shall yourself be responsible for maintaining the confidentiality of your username and password and shall be responsible for all activities that occur under your username and password. You may also access the website by logging on through your LinkedIn, Facebook or Google+ accounts.
You also consent to the suspension and termination of Your Account and permanent refusal of access to the Website to You in case it comes to Plan Bye’s notice at any point of time that the information you have provided is incorrect, incomplete, misleading or is provided in impersonation of another person.
You are obliged to immediately inform Plan Bye of any unauthorised use of Your Account or any other breach of security that comes to your notice.
You are also obliged to logout of Your Account at the end of each session.
Plan Bye shall not be liable for any loss or damage occurring as a consequence of Your failure to comply with the aforementioned conditions. Further, You may be held liable for losses incurred by Plan Bye or third-parties as a consequence of Your failure to comply with the aforementioned conditions.
Restricted access to the Website may also provided to unregistered Users.
F. INFORMATION AND USE
Play Bye shall use [type of encryption] and [technology name] in order to transmit and store the information uploaded by You. Plan Bye, its officers, employees, associates and affiliates or any third-parties shall at no point have access to your data, information, documents or any other content that you upload by availing of the Service (“Information”). Plan Bye shall neither claim nor retain any rights over the Information.
You undertake that the Information shall not contain any objectionable, unlawful, incorrect materials and that any liability for such materials shall be entirely Yours. Plan Bye assumes no responsibility for such Information. You shall indemnify and hold harmless Play Bye against any third-party claims in this regard.
You further agree that in respect of third party content, including but not limited to Information uploaded by other Users, that Plan Bye shall be in no way responsible or liable for any such Information. Plan Bye assumes no responsibility for objectionable, unlawful, incorrect, misleading or unintended information made available by other Users, advertisers or third-parties, this in particular applies to content not on the Website.
You represent and warrant that:
You are legally empowered to upload the Information on the Website;
Your Information does not violate the privacy rights, copyright rights, or other rights of any person; and
by uploading the Information, You do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party
Any interactions, agreements between You and other Users or advertisers are made completely independent of Plan Bye. Plan Bye is not a party to any such arrangements and shall not be liable for or a party to any disputes arising out of such agreements nor for any loss incurred by You thereunder. You shall indemnify and hold harmless Plan Bye against any such disputes.
Any instructions, such as those related to the dissemination of the Information after your death shall be followed by Plan Bye in accordance with the written instructions given by you. Any modification of such instructions done after you sign-up on the Website shall be done by way of an authentication procedure that shall be updated on the Website from time to time. This shall be done in the best interests of User security by Plan Bye and you consent to abiding by any such terms in this regard, as may be updated in the future.
In order to protect Users from unwanted advertising and solicitation, Plan Bye may, as and when deemed appropriate by Us, restrict the volume of messages Users in general or in particular may send one another. Information obtained by you as a User of the Website shall not be used in any manner to abuse, harass or harm any other Users or third-parties using the Website.
You and your estate, after your death, are solely responsible for any and all Information that is uploaded and disseminated through your Account on the Services. In particular, after your death, should any confidential, sensitive, offensive or otherwise damaging information be disseminated through Your Account, You undertake that your estate shall hold harmless and indemnify Plan Bye in this regard against all such claims and cover all costs, including but not limited to reasonable attorney fees.
In addition to the Information prohibited by law, You agree that you will not store any Information that:
is offensive or denigrates any religion, caste, creed, nationality or similar affiliations;
promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature;
harasses or advocates stalking or harassment of another person;
involves the transmission of “junk mail” or unsolicited mass mailing, or “spamming”;
is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by intellectual property law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies;
is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18);
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code;
solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;
except as expressly approved by Us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or
posts or distributes information which would violate any confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; or
otherwise violates the terms of these Terms of Use or creates liability for Us (“Prohibited Content”).
Any use of the Website in violation of these Terms of Use may result in, among other consequences, termination or suspension of your rights to use the Website. We may disclose information about your use of the Website in accordance with our privacy policy.
We reserve the right (but have no obligation) to investigate and take appropriate legal action in our sole discretion against You if you violate this provision or any other provision of this Agreement, including without limitation, removing Information from the Website, terminating Your membership and Account, reporting you to appropriate legal authorities, and taking legal action against You. We shall not be liable for any loss of data or information as a consequence of Your use of the Website.
You will use the Website in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Website is, except for the exceptions carved out herein, for the personal use of Users only. Commercial advertisements, affiliate links, and other forms of solicitation may be removed may result in suspension or termination of your Account.
You will not attempt to impersonate another User or person, including any of our employees. You will use the Services in a manner consistent with any and all applicable laws and regulations.
The Content on the Website is formulated independently and provided to Users in good faith. Any resemblance to other Content that may be found elsewhere is purely coincidental. Where Lenders may have inadvertently created Content that might be in violation of the intellectual property rights of a third-party, we would urge such third-party to contact us and we shall take appropriate action under paragraph H herein below.
G. THIRD-PARTY INTELLECTUAL PROPERTY
We take intellectual property protection very seriously and it is our policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to us by the copyright owner or the copyright owner's legal agent. If you believe that your intellectual property rights are being used on the Website in a way that constitutes an intellectual property infringement, please provide us the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
an identification of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website;
your address, contact number, and e-mail address;
a written statement that you have a bona fide belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law; and
a statement by you in a sworn affidavit – please note that executing a sworn affidavit with the knowledge that the information contained therein is false, is a criminal offence punishable by law - that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Contact information for notice of claims of intellectual property infringement is as below:hello@planbye.com
H. COMMUNICATIONS
Your use of the Website or communications with Plan Bye are a form of electronic record. You understand and as a consequence, consent to receiving electronic or other communication from Plan Bye as and when required.
I. EXPRESS DISCLAIMERS
Plan Bye does not make any warranty regarding the truthfulness or veracity of the content or any information on the Website. Plan Bye expressly disclaims that the views expressed by Users on the Website are their own and Plan Bye does not endorse the same merely because they are posted on the Website. Further, Plan Bye shall in not be liable for any false, libellous or mala fide views expressed on the Website. In the case of such content that is malicious, false, inflammatory, libellous or in violation of third-party intellectual property rights (as addressed above) or is in any other manner in violation of Plan Bye’s policies, affected parties are advised to contact our customer service team at support@planbye.com with the details of such violation to enable us to take appropriate action.
Plan Bye is in particular not responsible for the commission, omission and actions of Lenders or Users in particular those committed offline. Both parties understand that Plan Bye does not exercise independent police or other verification of Users and parties are advised to follow a common sense approach towards personal health and safety especially when interacting with other Users offline.
We are further not responsible for
any incorrect or inaccurate content (including any information in User profiles) posted on the Website, whether caused by Users or by any of the equipment or programming associated with or utilized in the Website.
the conduct, whether online or offline, of any User of the Services.
any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users.
any problems or technical malfunction of any hardware and software due to technical problems on the internet or at the Website or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials from the Website.
any loss or damage, including personal injury or death, resulting from use of the Website or from any content posted on the Website or transmitted to Users, or any interactions between Users whether online or offline
The Website and Service are provided on an “As-Is” basis. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Website and Service will meet Your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Website will be accurate or reliable.
J. USE
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following statutory and non-statutory principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which You do not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecent representation of women or children;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail” or unsolicited mass mailing;
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
violates or promotes the violation of a third-persons intellectual property rights;
provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Website ;
solicits gambling or engages in any gambling activity which Plan Bye in its sole discretion, believes is or could be construed as being illegal;
interferes with another User's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
refers to any website or url that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
harms minors in any way;
violates any law for the time being in force;
deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or
directly or indirectly offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Information, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Information, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Plan Bye reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own Information, as provided for by the Website.
You shall not misuse or otherwise violate the intellectual property rights of Plan Bye or any third-party User of the Website. Further, you also agree not to take any action that has a negative impact on the infrastructure and operation of the Website.
You may not use the Website or any content for any purpose that is unlawful or prohibited by law, these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Plan Bye or third-parties .
You shall at all times ensure full compliance with the applicable provisions of the all domestic laws in force in India as applicable and as amended from time to time and also all applicable rules and regulations and international laws, foreign exchange laws, statutes, ordinances and regulations regarding Your use of the Service. You shall not engage in any activity which is prohibited by the provisions of any applicable law for the time being in force.
Solely to enable Plan Bye to use the Non-Personal Information You supply - You agree to grant Plan Bye a non-exclusive, worldwide, perpetual, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights or any other rights You have in the Non-Personal Information, in any media. Plan Bye will only use the information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You disclose or share on the Website.
K. PRIVACY
Your privacy and data is dealt with by us in a manner consistent with all applicable domestic laws in India. Your Non-Personal information collected by us may be sold to third-parties as a part of a merger, amalgamation or such similar proceedings that Plan Bye may be involved in the future. We do not have access to or any claims in respect of the Information uploaded by You. Please read our privacy policy [inset link] and if you still have objections to the use of your data in this manner then please do not use the Website.
You may be required to register a mobile number with us at the time of registration. By providing us with this mobile number You consent to receive calls and text messages from us in relation to the Website and any offers and promotions that we may operate from time to time. We will never share your mobile number with third-parties for promotional purposes unless expressly consented to by you.
L. DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Plan Bye does not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
Plan Bye will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Plan Bye does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind.
M. INDEMNITY
You shall indemnify and hold harmless Plan Bye, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
N. APPLICABLE LAW
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of the Republic of India. The courts at Bangalore shall exercise exclusive jurisdiction over any disputes.
O. JURISDICTION
Unless otherwise specified, the material on the Website is presented solely for the purpose of use in India. Plan Bye makes no representation that materials on the Website are appropriate or available for use in other locations/countries other than India.
P. OUR INTELLECTUAL PROPERTY
This site is controlled and operated by Plan Bye. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on the Website is solely for Your personal, non-commercial use, unless specified otherwise. You must not directly or indirectly, or conspire with or enable a third party to - copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly.
Q. LIMITATION OF LIABILITY
IN NO EVENT SHALL PLAN BYE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABILITY OF PLAN BYE SHALL AT NO TIME EXTEND BEYOND THE FEES RECEIVED FROM A PARTICULAR USER.
R. CONTACT US
Please send any questions, comments or complaints regarding this Website to hello@planbye.com
