Terms and Conditions for using the Planet French web site
The following Terms and Conditions form the basis upon which you agree to use the Planet French web site.
Please read these Terms and Conditions carefully. By using the Planet French web site you indicate that you accept these Terms and Conditions and that you agree to abide by them.
If you have any concerns about material that is available through the operation of the Planet French web site please contact guy@planetfrench.com
Thank you for supporting planetfrench.com
LEGAL AGREEMENT
These Terms and Conditions represent a legally binding agreement between you and the Planet French / Kelada Booksmarts.biz inc. (“planet french”, “Us” or “We”).
PLANET FRENCH WEB SITE
Kelada Booksmarts.biz is the provider of the Planet French web site, which permits you to stream or read Booksmarts Planet French Products for use for your school in accordance with these Terms and Conditions.
By creating a Member Account and/or making a purchase through the Planet French or Booksmarts.biz web sites you agree to be legally bound by these Terms and Conditions.
USE OF THE Planet French web site
Age: This Planet French web site is available for teachers and individuals aged 13 years or older. Teachers may chose to share a self-registration form link with parents/students of any age so long as the parents/students are of these teacher’s school. Parents may choose to share their login with their children. This decision is to the parent’s discretion.
Territory: The Planet French web site is available to you only for teachers and students part of the school for which the license was purchased. You agree to not use or attempt to use the Planet French web site from outside your school or outside the geographic area where teachers and students of your school live. We may use geo-filtering / geo-blocking technologies to verify your compliance and prevent access outside this territory.
If you are an individual purchasing for your home/personal/family use, you agree not to disclose your login to persons who are not members of your household. You may not share your access with anyone other than up to six (6) of your household family members.
Access: You are responsible for making all arrangements necessary for you to have access to the Planet French web site including ensuring you employ technology capable of utilising the Planet French web site and receiving digital information to be made available via the Planet French web site. You are also responsible for ensuring that all persons who access the Planet French web site through your internet connection are aware of these terms, and that they comply with them.
Your responsibility: You agree to meeting the requirements of use of the Planet French web site as set out in these Terms and Conditions. We reserve the right to change these Terms and Conditions. If we do so, these changes will be reflected in the then current “terms and conditions” section of the Planet French web site, and If there are significant changes to it, you will be notified by email.
TECHNOLOGY REQUIREMENTS
Requirements: Use of the Planet French web site requires Compatible Devices, certain software and internet access. Use of the Planet French web site may be affected by the performance of these factors and we may change these requirements from time to time. We will use reasonable endeavours to give you notice of any changes.
Compatible Devices and software: The Planet French web site requires an internet enabled:
PC/Mac (using a compatible browser); and
Mobile devices (using either iOS and Android)
You acknowledge that the Planet French web site may not work on all Compatible Devices set out above, particularly older devices, browsers and/or operating systems. You are responsible for ensuring that you are able to access the Planet French web site through a Compatible Device and appropriate software.
PURCHASE AND PAYMENT
To purchase: Planet French / Kelada Booksmarts.biz inc. Products are provided through the Planet French and www.Booksmarts.biz web sites. To use the Planet French web site you must:
-become a Member and purchase a Planet French / Kelada Booksmarts.biz inc. Product; and
-agree to these Terms and Conditions.
-be at least 18 years-old
infusionsoft/Keap/WePay Payment System: infusionsoft/Keap/WePay manages and processes payment methods for purchase of Planet French / Kelada Booksmarts.biz inc. products. When purchasing Planet French / Kelada Booksmarts.biz inc. product you will need to enter your credit card details into the infusionsoft/Keap/WePay payment system before you are able to purchase the Planet French / Kelada Booksmarts.biz inc. Product. All payments via infusionsoft/Keap/WePay are processed using SSL (Secure Socket Layer) protocol, where sensitive information is encrypted to protect your privacy.
Credit Card Fraud: If you suspect there has been a fraudulent credit card transaction recorded in respect of the Planet French web site you must contact infusionsoft/Keap/WePay directly to resolve your complaint. Planet French / Kelada Booksmarts.biz inc. will co-operate with infusionsoft/Keap/WePay and other Planet French / Kelada Booksmarts.biz inc. third party service providers to provide reasonable assistance in resolving any complaint.
Payment method: You consent to, and agree to abide by, the terms and conditions of the Planet French web site payment method delivered by infusionsoft/Keap/WePay. It is your responsibility to familiarise yourself the terms and conditions of the infusionsoft/Keap/WePay payment method.
No liability: Planet French / Kelada Booksmarts.biz inc. accepts no liability for any losses you may incur as a result of any breach of infusionsoft/Keap/WePay terms and conditions either by yourself or by infusionsoft/Keap/WePay and if you have any complaints regarding the payment process you need to raise these with infusionsoft/Keap/WePay directly.
Planet French / Kelada Booksmarts.biz inc. MEMBER ACCOUNTS
Membership: In order to use the Planet French web site you must become a Member and hold a Member Account.
Member Accounts: Some important details about your Member Account:
Don’t reveal your account information to anyone other than to your French students.
You are solely responsible for maintaining the confidentiality and security of your Member Account and for all activities that occur on or through your Member Account;
You agree to immediately notify Planet French / Kelada Booksmarts.biz inc. of any security breach of your Member Account;
Planet French / Kelada Booksmarts.biz inc. shall not be responsible for any losses arising out of the unauthorized use of your Member Account;
If you create a Member Account and/or use the Planet French web site on someone else’s behalf, you warrant that you have that person’s authority to do so, or that you are their parent or legal guardian. You also accept all liability and the consequences for any breaches of these Terms and Conditions resulting from any activity you conduct that is not authorised.
Access to Member Accounts: You will not access or attempt to access a Member Account that you are not authorized to access.
Planet French web site – SUBSCRIPTION TO STREAM:
Process for subscription to stream: Planet French / Kelada Booksmarts.biz inc. Products are available for subscription to stream.
To Members, logged in as a Member and their household;
Upon successful payment for the Planet French / Kelada Booksmarts.biz inc. Product (subscription);
To stream, using a compatible web browser; and
Subject to the speed of your internet connection.
PRIVACY
Privacy policy: We take personal privacy very seriously. Your use of the Planet French web site is subject to our Privacy Policy.
Accurate information: You agree to provide accurate and complete information when you become a Member, and as you use, the Planet French web site and you agree to update such information to keep it accurate and complete.
SERVICE AND PRODUCT AVAILABILITY
Availability of Planet French web site: We may modify, suspend, or discontinue the Planet French web site at any time with or without notice.
Availability of Planet French / Kelada Booksmarts.biz inc. Product: We may change, suspend, remove, or disable access to any Planet French / Kelada Booksmarts.biz inc. Product at any time without notice.
No liability: We will not be liable for any unavailability of the Planet French web site, or of any Planet French / Kelada Booksmarts.biz inc. Product, if you have breached any of these Terms and Conditions, and in all other cases our liability for any such unavailability will be limited to the purchase price for any Planet French / Kelada Booksmarts.biz inc. Product you have paid for, but which has not been made available to you, as set out in clause 7 (pro-rated).
Planet French / Kelada Booksmarts.biz inc. : You acknowledge that not all Planet French / Kelada Booksmarts.biz inc. Products listed on the Planet French / Kelada Booksmarts.biz inc. website (www.planetfrench.com and www.booksmarts.biz) are available for streaming nor will they become so in future.
RULES OF USE
Rules of Use: You shall use the Planet French web site and Planet French / Kelada Booksmarts.biz inc. Products strictly in accordance with these Terms and Conditions.
Personal Use: You will be authorised to use Planet French / Kelada Booksmarts.biz inc. Products only for personal, non-commercial use. You may not make any Planet French / Kelada Booksmarts.biz inc. Product available for any commercial purpose, educational purpose or any other purpose not expressly authorised in these Terms and Conditions.
No tampering: You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the Planet French web site for any reason, or to interfere with, remove or alter any digital rights management information on the Planet French / Kelada Booksmarts.biz inc. Products, or to attempt or assist another person to do so.
Harmful acts: You must not abuse or misuse the NZ VOD Service by attempting to compromise the service through technologically harmful means or material.
Unlawful use: You will not use the Planet French web site for any purpose which is unlawful, not authorised by, or otherwise conflicts with, these Terms and Conditions.
Right to monitor: Your use of the Planet French web site may be controlled and monitored by Planet French / Kelada Booksmarts.biz inc. for compliance purposes at any time.
CONTRIBUTED MATERIAL
Use of your material: Through your use of the Planet French web site you may be invited or able to submit your own material to the Planet French / Kelada Booksmarts.biz inc. website, the Planet French web site and/or otherwise for use by Planet French / Kelada Booksmarts.biz inc. in promotion of Planet French / Kelada Booksmarts.biz inc. Products. You agree that such material was created by you, shall not violate the rights of others and shall not be indecent, obscene, objectionable or in poor taste. You grant Planet French / Kelada Booksmarts.biz inc. a worldwide royalty free licence to the use of such material in perpetuity for such purposes as Planet French / Kelada Booksmarts.biz inc. may deem fit. If such material is significant and non-trivial, you will be asked to sign a separate release form or ad hoc agreement.
THIRD PARTY MATERIAL
External links and material: Some information contained in the Planet French web site may link you to sites that are not owned by or under the control of Planet French / Kelada Booksmarts.biz inc. . Planet French / Kelada Booksmarts.biz inc. assumes no responsibility or liability for the content of those sites or otherwise for any third party material that may feature on the Planet French web site.
INTELLECTUAL PROPERTY
Copyright: The Planet French web site and Planet French / Kelada Booksmarts.biz inc. Products contain information and material that is owned by Planet French / Kelada Booksmarts.biz inc. and/or its licensors and/or service providers, and is protected by applicable intellectual property and other laws, including those relating to copyright. Planet French / Kelada Booksmarts.biz inc. reserves for itself and such third parties all such rights in all jurisdictions throughout the World.
Copyright notices: You must not (and must not permit others to), authorise or assist any other person to remove or interfere with any copyright notices contained in any Planet French / Kelada Booksmarts.biz inc. Product.
Infringement: We take infringement of our copyright (or that of our licensors and service providers) seriously. You must:
only use such information or materials owned by Planet French / Kelada Booksmarts.biz inc. and/or its licensors and/or service providers in the course of using the Planet French web site in compliance with these Terms and Conditions and not for any other purpose;
not download, upload, copy, reproduce, transmit, publish, broadcast, modify, manipulate, rent, lease, loan, sell, distribute, or create any derivative works of, part or all of any Planet French / Kelada Booksmarts.biz inc. Product accessed via the NZ VOD Service (other than as expressly permitted by these Terms and Conditions);
not copy, reproduce, modify or manipulate any part of the Planet French web site nor rent, lease, loan, sell, distribute or create derivative works based on the Planet French web site in any manner, and you shall not exploit the Planet French web site in any unauthorized way.
We reserve all rights and remedies available to us to prevent any infringement of intellectual property we or our licensors or service providers own that is comprised in the Planet French web sites or Planet French / Kelada Booksmarts.biz inc. Products.
Other intellectual property: The Planet French / Kelada Booksmarts.biz inc. , Planet French / Kelada Booksmarts.biz inc. , and other Planet French / Kelada Booksmarts.biz inc. trademarks, service marks, graphics, and logos used in connection with the Planet French web site are the intellectual property of Planet French / Kelada Booksmarts.biz inc. . Other trademarks, service marks, graphics, and logos used in connection with the Planet French web site or with Planet French / Kelada Booksmarts.biz inc. Products may be the trademarks of their respective owners. You are granted no right or license with respect to any of these trademarks and any use of such trademarks.
TERMINATION
Termination without notice: We may:
terminate the agreement created between you and Planet French / Kelada Booksmarts.biz inc. pursuant to these Terms and Conditions; and/or
suspend access to the Planet French web site (or any part thereof) or any Planet French / Kelada Booksmarts.biz inc. Product at any time without notice. Provided you are not in breach of these Terms and Conditions we will reimburse you (on a pro rated basis) for any Planet French / Kelada Booksmarts.biz inc. Product you have successfully paid for but that has not made available to you at the time of termination or suspension.
Restricted Access: We will not be liable for any reason if the Planet French web site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Planet French web site or to Planet French / Kelada Booksmarts.biz inc. Products.
Membership: We have the right to disable any Membership at any time, if we reasonably believe you have failed to comply with any of the provisions of these Terms and Conditions.
Your right to terminate: You may not terminate this agreement during the subscription period. If yours is a 12-month subscription, you may chose not to renew by giving us 10 days notice before your subscription’s anniversary date.
If you have a subscription that runs parallel to the school calendar, your renewal payment is due on May 15th. to cover the following school year.
To cancel your membership, simply call or email us at guy@planetfrench.com with your cancellation request.
DISCLAIMER
Own risk: Your use of the Planet French web site is at your own risk.
Availability: Planet French / Kelada Booksmarts.biz inc. does not guarantee, represent or warrant the uninterrupted or error-free use of the Planet French web site and shall not be liable for any loss arising from such events including but not limited to loss, corruption, attack, viruses, interference, hacking, or other security intrusion or any other factors beyond Planet French / Kelada Booksmarts.biz inc. and/or its licensors’ and/or its service providers’ reasonable control, including but not limited to the nature of your Compatible Device or internet connection.
No warranties: The Planet French web site and Planet French / Kelada Booksmarts.biz inc. Products are provided by Planet French / Kelada Booksmarts.biz inc. without warranties or guarantees of any kind.
General Limitation: Planet French / Kelada Booksmarts.biz inc. expressly excludes any liability for any direct, indirect or consequential loss or damages incurred by any user in connection with the Planet French web site or in connection with the use, inability to use, or results of the use of the Planet French web site and Service.
WAIVER AND INDEMNITY
Indemnity: You agree to indemnify and hold Planet French / Kelada Booksmarts.biz inc. , its board members, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms and Conditions and your use of the Planet French web site.
Action to recover amounts owing: We reserve the right to take any action we believe necessary to recover any sums you owe us. You agree that, in such circumstances, you will be liable for all costs and expenses incurred by us including, but not limited to, legal fees, collection fees, arbitration costs and court costs.
CHANGES TO THESE TERMS AND CONDITIONS
Changes: Planet French / Kelada Booksmarts.biz inc. may, in its sole discretion, modify or revise these Terms and Conditions at any time by updating this web page. If there are significant changes to it, you will be notified by email. Your ongoing use of the Planet French web site will imply your acceptance of any such modification or revision.
MISCELLANEOUS
Entire Agreement: These Terms and Conditions constitute the entire agreement between you and Planet French / Kelada Booksmarts.biz inc. regarding the subject matter of these Terms and Conditions.
Partial Invalidity: If any part of these Terms and Conditions are held invalid or unenforceable the remaining parts of these Terms and Conditions shall remain in full force and effect.
Waiver: Our failure to enforce any right or provisions under these Terms and Conditions will not constitute a waiver of such provision or any other provision.
Force Majeure: We will not be responsible for failure to fulfill any obligation due to causes beyond our reasonable control.
Jurisdiction: These Terms and Conditions and your use of the Planet French web site and Planet French / Kelada Booksmarts.biz inc. Products are governed by the laws of the Province of Quebec, Canada. You expressly agree that exclusive jurisdiction for any claim or dispute with Planet French / Kelada Booksmarts.biz inc. relating in any way to your use of the Planet French web site resides in the courts of Quebec, Canada.
Notices: We may notify you with respect to the Planet French web site by sending an email message to your Member email address. Notices shall become effective immediately when issued by us.
COMMUNICATIONS:
You agree to receive email communications from us from time to time reminding you of updates, news, and special offers.
DEFINITIONS USED IN THESE TERMS AND CONDITIONS
COMPATIBLE DEVICES means a device compatible with the Planet French web site as listed in these Terms and Conditions;
MEMBER means a person that has completed the requisite information and accepted membership of the Planet French web site and MEMBERSHIP has a corresponding meaning;
MEMBER ACCOUNT means an account held by a Member with Planet French / Kelada Booksmarts.biz inc. for the purposes of purchasing Planet French / Kelada Booksmarts.biz inc. Product through the Planet French web site;
Planet French / Kelada Booksmarts.biz inc. means the Planet French / Kelada Booksmarts.biz inc. , a federally incorporated Canadian business.
Planet French / Kelada Booksmarts.biz inc. PRODUCT means any film or other product or content provided through the Planet French web site;
Planet French web site means the video-on-demand service provided by Planet French / Kelada Booksmarts.biz inc. and/or by its third party service providers on behalf of Planet French / Kelada Booksmarts.biz inc. and includes but is not limited to any associated software applications necessary to provide that service.
© Copyright Planet French / Kelada Booksmarts.biz inc. 2020
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