This is available online at www.plendi.com/terms
Access to, and use of, our site www.plendi.com and the Service are subject to our Terms and Conditions, so please read them carefully. If you do not wish to be bound by them, please do not use the Site.
Last modified: 5th February 2011 Terms & ConditionsAccess to, and use of, our site www.plendi.com (the “Site“) and the Service (as defined below) are subject to our Terms and Conditions, so please read them carefully. If you do not wish to be bound by them, please do not use the Site.
Our Terms and Conditions may change from time to time, so please ensure that you regularly check our Site for updates and retain one up-to-date copy of our current Terms and Conditions for your records.
Throughout these Terms and Conditions the terms “you” and “your” refer to the customer registering to use the Service (as defined below) and/or using our Site, and the terms “we”, “our”, “us” and the “Company” refer to Plendi Limited, and our subsidiaries and related companies.
Registration
We reserve the right, exercisable in our absolute discretion, to refuse your application for registration. If you choose to register with us, you agree to provide only accurate, complete registration information, and you further agree that you will notify us of any changes to that information. You must register using your real name.
Access to the Site and related services is not authorised by any other person or entity using your registration details and you are responsible for preventing such unauthorised use. You shall be responsible for all activity occurring under your registration details and account. You shall immediately notify us of any unauthorised use of your registration details and/or your account with us.
The Service
The service is set of web and mobile applications to track your expenses (the “Service“) that allows you to submit receipts, bills and invoices (the “Data“) to us. We use a combination of automated and manual processes to convert the Data into useful digital form. We extract information including vendor name. transaction date, nett amount, VAT or sales tax, and total amount. The service enables you to categorise, sort, filter and report on the Data in our web application. We endeavour to process your data within one business day of it being submitted to us. We will make reasonable efforts to ensure that the Data is correctly transcribed, but it is your responsibility to verify accuracy.
Submitting Data
The Data stored and accessed via the Service comes from a number of sources. You may provide us with such Data by taking photographs of the Data using our mobile applications, by emailing the Data to us, or by uploading Data to our website.
Please note that we will not review or audit the Data for any purpose, including, but not limited to, authenticity, accuracy, legality or non-infringement. It is your responsibility to provide true, accurate, complete and up-to-date information. We do not accept any responsibility for the accuracy, timeliness, delivery, non-delivery or loss of any of your Data.
Right of Use
Your right to access the Site and use the Service is a personal non-transferable right. You represent and warrant that you will only access the Site and the Service for lawful purposes.
Rights Granted by You
By submitting your Data and to us through the Service, you hereby grant us a limited license to access, copy, use, store and display such Data to the extent necessary to provide the Service to you. You represent and warrant that you are entitled to submit your Data to us for the purpose of providing the Service to you, without any obligation on us to pay you any fees or other limitations.
Alerts
As part of the Service we may send alerts to you. Electronic alerts will be sent to the email address you have provided as your primary email address in connection with your use of the Service. If this email address changes, you are responsible for informing us of that change. Please be aware that anybody with access to your email account will be able to view the content of these alerts.
You acknowledge and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You agree that we shall not be liable for any delays, failure to deliver or misdirected delivery of any alert. Further, we hereby exclude all liability for any errors in the content of an alert, or for any actions taken or not taken by you or any third party in reliance upon an alert.
Payment, Refunds, Upgrading and Downgrading Terms
Plendi is a subscription service. All Plendi plans allow a 30 day trial period, without cost or obligation, for a maximum of 30 receipts. You may cancel your subscription at any time during the trial period and pay nothing. If you exceed the 30 receipt limit, we will contact you and ask you to subscribe for a paid account, and may not process additional receipts until you subscribe. Receipts processed during the free trial will not be deducted from your paid account limits.
A valid credit card is required for paying accounts. The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial periods of service, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. We will charge VAT on sales in the EU.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Plendi does not accept any liability for such loss.
Volume
Each service plan entitles you to have limited number of individual Data items processed by us each month. If your use of the Service exceeds this number of Data items, we reserve the right to offer you a different service plan, which may be charged at a higher rate. If you decline to switch to such service plan, we have the right to limit the number of Data items that we process for you each month or to terminate our agreement with you.
Intellectual Property
The intellectual property rights in this Site, the content and the information set out in the Site belong to us or our licensors and may not be copied, transmitted or reproduced without our prior consent. All copyright, trademark and other proprietary notices must be left intact.
Reproduction of all or part of the contents of the Site in any form is prohibited, save that you are granted a non-exclusive, non-transferable license to access and use this Site solely for the purpose of using this Site and availing of the Service.
Content License from You
You will keep copyright and other rights you may already hold in Data that you submit, post, or otherwise make available via the Service. Plendi maintains the perpetual, irrevocable, worldwide, and non-exclusive rights to use any Data that you make available via the Service, in accordance with our privacy policy.
You acknowledge and agree that Plendi may make such Data available to other companies, organizations, individuals, and Users in accordance with Plendi privacy policy and the Data Protection Act. You understand that in order for Plendi to provide the Service to our users, Plendi may transmit your Data over various public networks and in various media and may make changes to your Data to meet the technological requirements of such networks and media.
Your Representations and Warranties
You represent and warrant to us that:
- you have the capacity to accept and be bound by these Terms and Conditions;
- your use of the Site and Service complies with all applicable laws and regulations, including but not limited to those principals of law which protect against infringements of intellectual property rights and invasion of privacy;
- you are at least 16 years old. If you are not at least 16 years old, you shall not attempt to register.
- you shall not use the Site or Service for the following purposes:
o transmission, uploading, linking or posting of, or otherwise making available, any material which constitutes or encourages the commission of a civil or criminal offence or which infringes any intellectual property rights or similar rights of any person;
o transmission, uploading, linking or posting of, or otherwise making available, any obscene, indecent, pornographic, defamatory, offensive or abusive material, or any content or information that is unlawful, harmful, threatening, harassing, vulgar, deceptive, libellous, invasive of another’s privacy, hateful, or racially, ethically or otherwise objectionable;
o attempting to gain access to secure portions of the Site or Service to which you do not possess access rights;
o use any automatic or manual process to search or harvest information from the Site or Service, or to interfere in any way with the proper functioning of the Site or Service;
o transmission, uploading, linking or posting, or otherwise making available, any material which contains a virus or other hostile computer program or running any applications that could lead to a modification of the physical or logical structure of the networks being used;
o spamming or any other form of commercial advertising or marketing; or
o deep-linking and aggregating by use of any robot, spider, or other automatic device or manual process to monitor or copy pages or the content contained on the Site.
Disclaimer
THE SITE AND THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY OR OPERATION OF THE SITE OR THE SERVICE. YOU EXPRESSLY AGREE THAT YOU USE THE SERVICE AS AT YOUR SOLE RISK.
AS FAR AS IS PERMITTED BY LAW, ALL IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS ARE HEREBY EXCLUDED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES IN RELATION TO FITNESS FOR PURPOSE OR MERCHANTABLE QUALITY.
WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE AND/OR THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT IS INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
NEITHER THE SERVICE NOR THE SITE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. WE ARE NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISER. THE SERVICE IS INTENDED ONLY TO ASSIST YOU IN YOUR FINANCIAL ORGANISATION AND DECISION MAKING. YOUR PERSONAL FINANCIAL SITUATION IS UNIQUE AND ANY INFORMATION AND ADVICE OBTAINED THROUGH THE SERVICE MAY NOT BE APPROPRIATE FOR YOUR SITUATION. ACCORDINGLY, BEFORE MAKING ANY FINAL DECISIONS OR IMPLEMENTING ANY FINANCIAL STRATEGY, YOU SHOULD CONSIDER OBTAINING ADDITIONAL INFORMATION AND ADVICE FROM YOUR ACCOUNTANT OR OTHER FINANCIAL ADVISORS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES.
Limitation on Liability
WE SHALL NOT IN ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF DATA, BUSINESS, PROFITS, REVENUE, GOODWILL OR ACTUAL OR ANTICIPATED SAVINGS OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR ECONOMIC LOSS, OR EXEMPLARY, PUNITIVE OR LIQUIDATED DAMAGES HOWSOEVER CAUSED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS ON LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT THE COMPANY IS LIABLE TO YOU, THE ENTIRE LIABILITY OF THE COMPANY TO YOU FOR CLAIMS (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU UNDER THESE TERMS AND CONDITIONS WITHIN THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS.
FOR THE AVOIDANCE OF DOUBT, NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENT ACT OR OMISSION.
Indemnification
You agree to indemnify, keep indemnified, defend and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, losses, liabilities, costs and expenses (including but not limited to reasonable legal fees) arising from:
- your use of and access to the Site and the Service;
- your violation of any of these Terms and Conditions; and/or
- your infringement of any third party right, including without limitation any third party intellectual property right.
Links to Other Sites
You may find links from the Site to independently managed world-wide web servers whose content we have found of possible interest to users of this Site. Whilst we have visited the sites to which we are linked, we cannot control the content that may appear on these sites or any attachments to them and so we make no warranty or representation regarding any linked sites.
You may also obtain goods and services from third parties which may be accessed through links on the Site. We exclude liability for any errors, omissions or inaccuracies in such material, information and in respect of goods and services provided by such third parties. Unless otherwise specified, we are not selling or offering for sale any goods or providing any services of such third parties nor are we acting as their agent. We are not responsible or liable in any way for any dealings you may have or the consequences of such dealings with any such third party. Any such dealing will be on the terms and conditions express or implied of that third party.
Data Protection and Privacy
In order to provide the Service to you, we will require access to your personal data. By registering to use the Service you agree that we may process your personal data for the purpose of providing the Service to you. When processing personal data we will do so in accordance with our obligations under the Data Protection Acts, 1988 and 2003. Further details of the manner in which we will process your personal data are set out in our Privacy Policy which you confirm you have read and understood.
Modification to the Site and Services
We reserve the right to modify, suspend or discontinue the Site and the Service at any time, with or without notice to you, and we are not liable to you or any third party should we exercise such rights. If you object to any such changes, your sole recourse is to discontinue using the Site and the Service. Continued access and/or use of the Site and/or the Service following notice of any such changes shall indicate your consent to and acceptance of such changes.
Termination by You
You can terminate your use of the Service at any time by making an email request to team@plendihq.com. You are responsible for downloading your Data from the Service before terminating service.
Termination by Us
We may terminate our agreement with you at any time. We will give you at least thirty (30) days’ prior written notice if we wish to do so. However certain circumstances may require that we give you a shorter period of notice (provided that such period of notice is reasonable). Such circumstances include where security requires it, in circumstances beyond our control, or in the event of fraud or non-payment for Services. Notwithstanding the foregoing, we may at any time and without notice terminate these Terms and Conditions with you if you have breached any provision of these Terms and Conditions.
Consequences of Termination
In the event that this agreement is terminated by either you or us it will be your responsibility to download all of your Data in advance that is stored on the account being closed.
Upon termination of your account with us, we shall deactivate the email address provided to you in connection with the Service. Termination of our agreement with you will not affect any other rights or remedies we may be entitled to at law (or otherwise).
Save as otherwise expressly provided, once these Terms and Conditions come to an end (and for whatever reason) your right to access and use the Site and the Service shall immediately cease.
General
These Terms and Conditions are governed by and shall be construed in accordance with the laws of Ireland and all disputes shall be submitted to the exclusive jurisdiction of the Irish courts.
These Terms and Conditions are effective from the date you first register with the Site and accept the Terms and Conditions, and will continue in force until terminated by either us or you.
You may not assign, transfer or novate any of these Terms and Conditions, in whole or in part, to any third party and any attempt by you to do so shall be invalid.
Should any part of these Terms and Conditions be held invalid or unenforceable, that portion will be construed in a manner which is consistent with applicable law and the remaining portions will remain in full force and effect.
Our failure to enforce any provision of these Terms and Conditions will not be considered a waiver of the right to enforce such provision.
These Terms and Conditions constitute the entire and only agreement between you and us, and supersede all other agreements, representations, warranties and understandings that relate to the subject matter of these Terms and Conditions.
Contact information
If you wish to contact us our email address is team@plendiHQ.com and our postal address is:
Plendi Limited
11 Roebuck Castle
Dublin 14
Ireland.