Disclaimer and Terms and Conditions for Plonser Booking Software

Important Notice

By using Plonser's booking software (hereafter referred to as "the Service"), you agree to be bound by the terms and conditions outlined in this Disclaimer and Terms and Conditions. If you do not agree with these terms, you must refrain from using the Service.

General Disclaimer

Plonser provides a digital platform that facilitates the booking of lessons and the rental of equipment by private schools, companies, private instructors, and other entities or individuals (hereafter collectively referred to as "Users"). Plonser acts solely as a technological intermediary and does not assume any liability for the services, transactions, or agreements made between Users and their customers.

Plonser further disclaims any liability for problems, complications, or accidents that occur between Users and their customers. This includes but is not limited to disagreements, disputes, financial issues, service delivery failures, injuries, or property damage arising from the lessons or rental equipment. Users acknowledge and agree that Plonser is not responsible for overseeing or mediating interactions between Users and their customers and assumes no liability in such cases.

Definitions

  • Service: The software platform provided by Plonser for booking lessons and renting equipment.
  • Users: Private schools, companies, private instructors, and any other entities or individuals using the Service.
  • Customer: Individuals or entities booking lessons or renting equipment through the Service.

Limitation of Liability

To the maximum extent permitted by law, Plonser shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of the Service. This includes, but is not limited to:

  1. Loss of Income: Plonser shall not be held responsible for any loss of income, revenue, or business opportunities due to canceled lessons, equipment malfunctions, or other scheduling issues.
  2. Technical Failures: While Plonser endeavors to maintain a stable and functional platform, it does not guarantee uninterrupted or error-free service. Plonser disclaims liability for:
    • System outages
    • Software bugs or glitches
    • Internet connectivity issues or any other technical malfunctions leading to missed lessons, lost customer reservations, or any related problems.
  3. User Errors: Users are responsible for ensuring the accuracy of their scheduling, equipment rental, and client communications. Plonser will not be liable for errors, omissions, or negligence on the part of Users or their customers.
  4. Data Loss: While reasonable measures are taken to safeguard User data, Plonser does not guarantee the prevention of data breaches, loss, or corruption. Users are encouraged to maintain their own backups.

User Obligations

  1. Account Security: Users are responsible for maintaining the confidentiality of their login credentials and ensuring unauthorized individuals do not gain access to their accounts.
  2. Accurate Information: Users must provide accurate and up-to-date information about their services, schedules, and rental offerings.
  3. Compliance: Users agree to comply with all applicable laws and regulations while using the Service.

Prohibited Activities

Users agree not to:

  1. Use the Service for fraudulent or illegal activities.
  2. Attempt to reverse-engineer, copy, or misuse the software.
  3. Upload or transmit harmful or malicious content.

No Guarantees

Plonser does not guarantee the suitability, reliability, or availability of its Service for any specific purpose. The platform is provided "as is" and "as available," without warranties of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Indemnification

By using the Service, Users agree to indemnify, defend, and hold harmless Plonser, its officers, employees, and affiliates from and against any claims, damages, liabilities, costs, or expenses (including legal fees) arising from:

  • The User's use of the Service
  • Any breach of this Disclaimer or the Terms and Conditions
  • Any disputes or issues between the User and their customers, including cancellations, dissatisfaction, or disputes related to lessons or rented equipment

Payments and Fees

  1. Users agree to pay all applicable fees for using the Service in accordance with the pricing terms set forth by Plonser.
  2. All payments are non-refundable unless explicitly stated otherwise.
  3. Plonser reserves the right to suspend or terminate access to the Service for non-payment.

Risk Assumption

Users acknowledge and agree that all risks associated with offering lessons or renting out equipment via Plonser, including financial losses, reputational harm, or customer dissatisfaction, rest solely with the User. Plonser assumes no responsibility for mitigating or resolving such risks.

Force Majeure

Plonser shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, cyberattacks, or government actions.

Termination of Service

Plonser reserves the right to modify, suspend, or discontinue the Service, either temporarily or permanently, at any time and without notice. Plonser shall not be held liable for any loss or damage arising from such actions.

Intellectual Property

Plonser retains all rights, title, and interest in the software, trademarks, and related intellectual property. Users are granted a non-exclusive, non-transferable license to use the Service for its intended purposes.

Third-Party Links and Services

Plonser may include links or integrations with third-party services. Users acknowledge that Plonser is not responsible for the availability, accuracy, or practices of such external services.

Jurisdiction and Governing Law

This Disclaimer and Terms and Conditions and any disputes arising from the use of the Service shall be governed by and construed in accordance with the laws of Switzerland. Users agree to submit to the exclusive jurisdiction of the courts within Switzerland. By using the Service, Users explicitly agree to adhere to Swiss jurisdiction.

Entire Agreement

This Disclaimer and Terms and Conditions constitute the entire agreement between the User and Plonser, superseding any prior agreements or understandings.

Acknowledgment

By using Plonser's booking software, you acknowledge that you have read, understood, and agreed to this Disclaimer and Terms and Conditions in its entirety. This document may be updated from time to time, and it is the User's responsibility to review the current version regularly.

If you have any questions or concerns regarding this Disclaimer and Terms and Conditions, please contact Plonser support before using the Service.