Pllanet User Agreement
Last Updated: December 11, 2020
Welcome to Pllanet (“Pllanet,” “we,” “us,” or “our”), website! We connect individuals who want to learn a language with a native speaker who can help them learn for real time voice chat language learning sessions (“Learning Services”). This User Agreement (the “Agreement”) applies to Learners and Native Speakers, and where Learners are minors/children under the age of 13, their parent or legal guardian (collectively, “Users,” “you,” or “your”).
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT PROVIDES THAT ALMOST ALL DISPUTES BETWEEN YOU AND PLLANET ARE SUBJECT TO BINDING ARBITRATION AND CONTAINS A WAIVER OF CLASS AND COLLECTIVE ACTION RIGHTS AND ANY RIGHT TO A JURY TRIAL AS DETAILED BELOW. BY ENTERING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO SUE IN COURT, HAVE YOUR CLAIMS HEARD BY A JURY, AND TO BE PART OF A CLASS OR COLLECTIVE ACTION, TO RESOLVE THESE DISPUTES, AS EXPLAINED IN MORE DETAIL IN THAT SECTION.
PLEASE REVIEW THIS AGREEMENT IN ITS ENTIRETY. BY ACCESSING THE PLATFORM OR REGISTERING FOR A USER ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING, AS APPLICABLE, THE ARBITRATION AND CLASS ACTION PROVISIONS AND RECORDING PROVISIONS, AND THAT YOU ARE BINDING YOU, YOUR HEIRS, ASSIGNS, AND SUCCESSORS TO THIS AGREEMENT. IF YOU ARE AGREEING TO THIS AGREEMENT ON BEHALF OF AN ORGANIZATION OR ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THIS AGREEMENT ON THAT ORGANIZATION OR ENTITY’S BEHALF AND BIND THEM TO THIS AGREEMENT (IN WHICH CASE, THE REFERENCES TO “YOU” AND “YOUR” IN THIS AGREEMENT, EXCEPT FOR IN THIS SENTENCE, REFER TO THAT ORGANIZATION OR ENTITY).
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM.
You may use the Platform only if you can form a binding contract with Pllanet, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
If you are a Learner, you represent that you are over the age of eighteen (18) in all other jurisdictions (the “Minimum Age”). If you are a Learner over the Minimum Age, but under the legal age of majority, you may not use the Platform unless your parent or legal guardian has provided Pllanet verifiable consent and agreed to this Agreement.
If you are a Native speaker, you represent that you are over the age of 18.
If Pllanet has previously prohibited you from accessing or using the Platform, you are not permitted to access or use the Platform.
Native speaker Addendum. The Native speaker Addendum, also applies to Native speakers in their access, registration, or other use of the Platform.
Guidelines. When using the Platform, you are subject to any additional posted guidelines or rules applicable to specific services, offers, and features (the “Guidelines”). All such Guidelines are incorporated by reference into this Agreement.
Privacy Policy. Pllanet’s Privacy Policy is incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
User’s profile information is public visible to any user of the Pllanet platform. Private information such as email address is only accessible by Pllanet. Your password and banking information are not accessible by Pllanet.
Pllanet may make modifications to this Agreement (“Changes”) at any time. Except as explicitly provided in this Agreement, such Changes will be effective as to existing Users after Pllanet provides notice of the Changes, either through the Platform user interface or sent to the e-mail address associated with your User account; and when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes. If you provide written notice that you do not accept a proposed Change or decline to expressly agree to a proposed Change, Pllanet may terminate this Agreement and your use of the Platform.
Learner Registration. The Platform allows Learners to request and engage in a chat session with a Native speaker for purposes of learning and practicing conversation skills in the language of a Learner’s choice (a “Session”). To access a Session in our Learning Services, you must register and create an account through the Platform. Registration may require you to: (i) create a unique user name and password, (i) provide an e-mail address, (iii) indicate your current country of domicile, (iv) indicate your native language, (v) indicate the language you wish to practice, and (vi) indicate your year of birth and other information. Note that Pllanet does not have access to your payment card information, as we use a third-party payment processor to receive and process payments.
Native speaker Registration. To use the Platform and offer Learning Services to Learners, Native speakers must register and create an account through the Site. As part of the registration process, we may require a Native speaker to: (i) create a unique user name and password, (ii) provide an e-mail address, (iii) indicate Native speaker’s current country of domicile, (iv) indicate Native speaker's native language, (v) indicate the language for which Native speaker wishes to conduct the Services, (vi) indicate Native speaker’s year of birth, (vi) indicate Native speaker’s bank account, and (vii).
Registration Accuracy. You agree that the information you provide, at all times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept confidential, accurate and up-to-date at all times.
Password. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you will immediately notify Pllanet. You may be liable for the losses incurred by Pllanet or others due to any unauthorized use of your account.
Personal Use. Except as provided herein, Pllanet accounts may only be used by the User who registered for that account. Minutes paid by a Learner may only be used by that Learner in that Learner’s account. You agree not to share your user name and password or otherwise permit any other person to access or use your Pllanet account. Under no circumstances may a Native speaker allow other individuals to use the Native speaker’s account to perform any Services.
You understand that Pllanet is not in the business of providing Learning Services. Pllanet provides an online marketplace that connects Learners with Native speakers.
Native speakers are Independent Contractors. You acknowledge that Native speakers are independent contractors operating an independent business enterprise who use the Platform to offer and provide Learning Services to Learners. Pllanet is not an employer of, or joint employer or integrated or single enterprise with any Native speaker. You acknowledge and agree that Pllanet has no responsibility for, control over, or involvement in the scope, nature, quality, character, timing or location of any work or services performed by Native speaker, including any work or services that any individual affiliated with the Native speaker may provide, either as an employee, independent contractor, or otherwise. Learner further represents, acknowledges, and warrants that throughout the Term it shall at all times treat Native speaker as independent contractors and that Learner will take no action that is inconsistent with such classification. Pllanet is under no obligation to ensure any Session is completed to Learner’s satisfaction.
Native speakers Provide Materials. You understand that, except as otherwise specifically agreed between Learner and Native speaker, Native speaker will provide all equipment, tools, materials, and labor that he or she needs to perform the Learning Services agreed to with Learner and that Pllanet will provide no equipment, tools, materials, or labor that may be needed to perform the Learning Services under this Agreement. Pllanet will, however, in its discretion, provide both Learner and Native speaker with access to the Platform to facilitate access to available, optional support resources and materials.
You may not:
If you are a Learner, you further agree to only engage in Sessions for the sole purpose of learning or practicing your language skills. If you are a Native speaker, you further agree to only engage in Sessions for the sole purpose of teaching language skills to a Learner.
We may allow you to submit, post, upload, publish, submit, transfer, link, display, or otherwise make available (hereinafter, “post”) information, text, graphics, photograph, audio, video, postings, reviews, designs, inventions, or other materials on the Platform (“User Content”) that may or may not be viewable by other Users. You retain ownership of all intellectual property rights you have in the User Content you post on the Platform.
By posting User Content on or through the Platform, you grant Pllanet a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and otherwise exploit such User Content in any format or medium now known or developed in the future for Pllanet’s business purposes or as required by law or legal process. In the interest of clarity, the license granted to Pllanet shall survive termination of the Platform or your account. Notwithstanding the license granted to Pllanet in User Content and for avoidance of doubt, our use and retention of your personal data, including any that is contained in User Content, shall also be governed by and comply with the Pllanet Privacy Policy. You represent, warrant and agree that you have the necessary rights to grant us the license described in this Section for any User Content that you post. You agree that this license includes the right for other Users with permitted access to your User Content (e.g. Native speakers or Learners) to use your User Content in conjunction with participation in the Platform and as permitted through the functionality of the Platform.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that Pllanet does not control, and is not responsible for, User Content, and that by using the Platform, you may be exposed to User Content from other Users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. To report any inappropriate activity, please e-mail Pllanet at help@Pllanet.com. Please also note that User Content may contain typographical or other inadvertent errors or inaccuracies.
Pllanet reserves the right in its sole discretion to remove or disable access to any User Content from the Platform, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law if you post any User Content that violates this Agreement or we consider to be objectionable for any reason. You agree that Pllanet reserves the right to monitor User Content (but does not assume the obligation), and you understand it remains your sole responsibility to monitor your User Content and ensure that your User Content is accurate and consistent with your representations and warranties in this Agreement.
Pllanet reserves the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of Pllanet, its Users and the public.
Subject to your compliance with the terms of this Agreement, Pllanet grants you a limited, non-exclusive, non-assignable, non-sub-licensable, revocable, license to access and use the Platform as it is provided to you by Pllanet solely for your personal, noncommercial use and only in connection with your access to and participation in the Platform and only in a manner that complies with all legal requirements that apply to you or your use of the Platform, including those relating to data security and data privacy, such as those specified in the Pllanet Privacy Policy. Pllanet may revoke this license at any time, in its sole discretion. Upon such revocation, you must promptly destroy all materials downloaded or otherwise obtained from the Platform, as well as all copies of such materials, whether made in accordance with this Agreement or otherwise.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform or content available therein, except as expressly permitted in this Agreement. The Platform or content available therein are provided to you AS IS. If you download or print a copy of any content available on the Platform for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pllanet or its licensors, except for the licenses and rights expressly granted in this Agreement.
The Platform is owned and operated by Pllanet. The videos, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Platform (“Pllanet Materials”) are protected by Canada copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Pllanet Materials are the property of Pllanet or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Pllanet or its affiliates and/or third-party licensors. Except as expressly authorized by Pllanet, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Pllanet Materials.
Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Platform is entirely voluntary and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non- exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against Pllanet and its users any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your account or the Platform.
Hardware and Software. Engaging in a Session requires compatible hardware and may require the download and installation of specified software. You are solely responsible for acquiring and installing any such hardware and software and for determining compatibility with your system, and hereby assume all risk and liability associated with such hardware and software. You acknowledge that it is your responsibility to review and comply with all applicable license agreements and other terms and conditions relating to all software you use in connection with Sessions and the Platform, generally.
Restrictions on Use. You agree to only engage in Sessions for your personal, non-commercial purposes and agree not to record, copy, redistribute, broadcast, publicly perform or publicly display any such Session, except as allowed by this Agreement.
Session Recordings. Sessions may be recorded or monitored. You hereby consent to: (i) the monitoring or recording of any Session you engage in, including your likeness therein; (ii) Pllanet copying and using such recordings for purposes of providing the Services, including without limitation for purposes of Native speaker evaluation, Native speaker training, dispute resolution and improving the Platform; (iii) such recording being made available to the other party to the Session, including the Learner or parents of a Learner; (iv) such recordings being made available for you to review; (v) such recording being used or disclosed by Pllanet to the extent required by law or legal process or to the extent Pllanet deems necessary for purposes of enforcing or protecting its rights or the rights of a third party; and (vi) as you otherwise agree (including, for Native speakers, as set forth in the Native speaker Addendum). You hereby waive any rights of publicity, privacy or other rights under applicable law to the extent such rights could be used to prevent Pllanet from using Session recordings for the limited purposes set forth in this subsection or as you otherwise agree (including for Native speakers, in the Native speaker Addendum), and hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable, and transferable license under any intellectual property rights you may have in or to any Session recording or content therein to Pllanet to copy, modify, distribute and use such recording and content for its business purposes as set forth hereunder or as required by law or legal process. Notwithstanding the foregoing, you may have certain choices with respect to access to or our retention of session recordings as set forth in our Privacy Policy.
Native speaker Availability. Sessions are subject to Native speaker availability, and Pllanet does not guarantee that any particular (or any) Native speaker will be available at any given time.
Native speaker Quality. You acknowledge that Pllanet has no duty to verify any stated credentials, experience or qualifications of any Native speaker, and that Pllanet does not conduct any screening of Native speakers other than as expressly set forth in this Section. If you wish to submit a complaint regarding any Native speaker, please contact Pllanet at help@Pllanet.com. Users are responsible for their communications or other interactions with other Users on or through the Platform. Pllanet reserves the right, but has no obligation, to monitor disagreements between Users, including between Learners and Native speakers.
Payment. Learners pay for Learning Services by the minute or through a payment plan as described below. Payment will occur through a third-party payment system (Stripe). All payment terms and conditions are governed by your applicable agreements with the third-party payment system, as applicable. Fees displayed to you are exclusive of any taxes that may be due in connection with such fees, and you agree to pay any such taxes that may be due, other than taxes based on Pllanet’s net income. You also agree to pay Pllanet any costs and expenses incurred by Pllanet, including reasonable attorney’s fees, in recovering any fees due hereunder.
Automatic Card Payment. The charges will be automatically processed with Stripe at the end of each chat from the language leaner’s card to the native speaker’s bank account.
Automatic Payout. Native speakers’ payment will be automatically deposited into their bank account listed with their connected Stripe account.
No Refunds. Charges made for chat are non-refundable. If you have been mistakenly charged for minutes, you may request a refund. Refund requests will be evaluated by the third-party payment system or Pllanet. If you feel you have been charged in error, please contact Pllanet at help@Pllanet.com. A refund request must be received by Pllanet within thirty (30) days of the charge in order to be considered.
Timing. You will be charged per minute of the Session as each minute at the end of the session.
Minute Rounding. All chat time will be rounded up to the next largest integer minute. For example, 4 mins 1 s will round up to 5 mins.
In addition to the other rules and prohibitions set forth in this Agreement, the following terms in this Section 14 applies to Native speakers.
Eligibility. Prospective Native speakers may apply to Pllanet to offer their Learning Services through the Platform. Pllanet reserves the right to request information to assess your eligibility to offer your Learning Services, and Pllanet may accept or deny your request for any reason or no reason in Pllanet’s sole discretion.
Services To Be Performed. If you are accepted as a Native speaker on the Platform, you will be eligible to provide Learning Services through the Platform to Learners. You agree to use your best efforts in the performance of your Learning Services, and you further agree to cooperate with Pllanet’s personnel, not to interfere with the conduct of Pllanet’s business, and to observe all Pllanet rules, regulations and security requirements with respect to the safety and safeguarding of persons and property.
Platform. Pllanet may make changes to or discontinue any of the media, products or services available within the Platform at any time, and without notice. The media, products or services on the Platform may be out of date, and Pllanet makes no commitment to update these materials on the Platform. We may modify the Platform or terminate access to the Platform without prior notice, and you agree that Pllanet shall not be liable to you or any third party for any such termination.
Account. We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate, or cancel your account in whole or in part. If we exercise our discretion under this Agreement to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Pllanet support teams; and (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken. You may cancel your use of the Platform and/or terminate your account at any time by emailing help@Pllanet.com. Please note that if your account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Platform unless otherwise required under applicable law. If we terminate the account of a Native speaker, the applicable Native speaker shall be entitled to payment for Learning Services performed by the Native speaker prior to the effective date of termination, payable within sixty (60) days of termination. Such payment shall constitute full settlement of any and all claims of Native speaker of every description against Pllanet.
It is Pllanet’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please notify Pllanet’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Pllanet and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Pllanet’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Pllanet has adopted a policy of, in appropriate circumstances and at Pllanet’s sole discretion, terminating the account or access of users who are deemed to be infringers or repeat infringers.
The Platform may contain information and content provided by third parties and may contain links to third-party websites, and other resources that are not owned or controlled by Pllanet. Pllanet is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for such external sites or resources. These links and resources do not imply any endorsement by Pllanet, and Pllanet does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or resource from the Platform, you do so at your own risk, and you understand that this Agreement and Pllanet’s Privacy Policy do not apply to your use of such links. You expressly relieve Pllanet from any and all liability arising from your use of any third- party website, service, or content. You acknowledge and agree that Pllanet is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
THE PLATFORM AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PLLANET, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PLLANET, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM, SITE, APP OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PLLANET, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT PLLANET NOR ITS SUPPLIERS, LICENSORS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
CERTAIN LAWS OR COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PLLANET OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF OR THE INABILITY TO USE THE PLLANET MATERIALS ON THE PLATFORM OR THE PLATFORM ITSELF, OR ANY OTHER INTERACTIONS WITH PLLANET, EVEN IF PLLANET OR A PLLANET AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PLLANET’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL PLLANET’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS YOU HAVE PAID TO PLLANET (OR ARE PAYABLE TO YOU BY PLLANET) HEREUNDER DURING THE SIX (6) MONTHS PRECEDING THE DATE OF THE CLAIM AND (B) FIFTY (50) CANADIAN DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN PLLANET AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE PLATFORM OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE PLATFORM.
You agree to indemnify and hold Pllanet, and its affiliated companies, and its suppliers, licensors and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Platform, violation of the rights of any other person or entity, or any breach of this Agreement.
Native speaker shall further be solely liable for, and shall indemnify, defend and hold harmless Pllanet and its successors and assigns from and against any claim or liability of any kind (including penalties, fees or charges) resulting from Native speaker’s failure to pay the taxes, penalties, and payments due under this Agreement, including the Native speaker Addendum. Native speaker shall further indemnify, defend and hold harmless Pllanet and its successors and assigns from and against any and all loss or damage resulting from any misrepresentation, or any non-fulfillment of any representation, responsibility, covenant or agreement on his part, as well as any and all acts, suits, proceedings, demands, assessments, penalties, judgments of or against Pllanet relating to or arising out of the activities of Native speaker and Native speaker shall pay reasonable attorneys' fees, costs and expenses incident thereto.
Pllanet reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Subject to restrictions and prohibitions in applicable law, you and Pllanet mutually agree to resolve any and all covered justiciable disputes between you exclusively through final and binding arbitration instead of a court or jury trial. Except as explicitly stated otherwise in this Arbitration and Class Action Waiver section, this arbitration agreement requires the arbitration of any claims that Pllanet or you may have against the other or against any of their:
each and all of which may enforce this arbitration agreement as direct or third-party beneficiaries.
Scope. This arbitration agreement applies to any and all claims or controversies, past, present or future, arising out of or relating to this Agreement, this arbitration agreement, or any access or use of the Platform, including without limitation, Native speaker’s independent contractor classification, Native speaker’s provision of services, Learner’s receipt of services, any payments made to Native speaker through the Platform or arising out of or relating to the acceptance or performance of services arranged through the Platform, the termination of this Agreement, claims of harassment, retaliation, or discrimination and all other aspects of a Learner’s or Native speaker’s relationship (or the termination of its relationship) with Pllanet. You and Pllanet agree that the mutual obligations contained in this Agreement and to arbitrate disputes provide adequate consideration for this arbitration agreement.
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Pllanet’s support department at help@Pllanet.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Pllanet support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Demand for Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. If either party initiates arbitration, the initiating party must notify the other party in writing via mail, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include: (i) the name and address of the party seeking arbitration; (ii) a statement of the legal and factual basis of the claim; and (iii) a description of the remedy sought. Any demand for arbitration by Learner or Native speaker must be delivered to Pllanet. The Arbitrator will resolve all disputes regarding the timeliness or propriety of the demand for arbitration. The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Class and Collective Action Waivers. You and Pllanet mutually agree that by entering into this arbitration agreement to arbitrate, both waive their right to have any covered dispute or claim brought, heard or arbitrated as a class action and/or collective action, and an Arbitrator will not have any authority to hear or arbitrate any class and/or collective claim (“Class Action Waiver”). Notwithstanding any other clause contained in this arbitration agreement, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an Arbitrator. The Class Action Waiver will be severable from this arbitration agreement in any case, in which (1) the dispute is filed as a class and/or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void, or voidable. In such case, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out. Unless you have previously agreed to an arbitration and class action waiver provision for disputes with Pllanet, you have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you used to register for your account) written notice of your decision to opt out to help@Pllanet.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Platform or the effective date of the first Agreement containing an Arbitration and Class Action Waiver section, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Pllanet also will not be bound by them.
Changes to This Section. Pllanet will provide thirty (30) days' notice of any changes affecting the substance of this section by posting on the Platform, sending you a message, or otherwise notifying you when you are logged into your account. Amendments affecting the substance of this section will become effective thirty (30) days after they are posted on the Platform or sent to you. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.
Survival. This arbitration agreement survives after the termination of this Agreement and/or after you cease any relationship with Pllanet.
Notices. Under this Agreement, you consent to receive communications from Pllanet electronically. Pllanet will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that Pllanet provides to you electronically satisfy any legal requirement that such communications be in writing. Except as provided herein, all notices and communications to Pllanet shall be in writing and shall be deemed to have been duly given or made (i) with delivery by hand, when delivered, (ii) with delivery by certified or registered mail, postage prepaid; or (iii) with delivery by internationally recognized overnight courier.
Language. Any action brought under this Agreement shall be conducted in the English language. If you are located in France or Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this Agreement be drafted in English. Les parties contractantes confirment qu'elles ontexigé que le présent contrat et tous les documents associés soient redigés en anglais.
Complete Agreement. This Agreement (including the Native speaker Addendum for Native speakers) contains the entire understanding between the parties and supersedes, replaces and takes precedence over any prior understanding or oral or written agreement between the parties respecting the subject matter of this Agreement. There are no representations, agreements, arrangements, nor understandings, oral or written, between the parties relating to the subject matter of this Agreement that are not fully expressed herein.
Severability. In the event any provision of this Agreement shall be held invalid, the same shall not invalidate or otherwise affect in any respect any other term or terms of this Agreement, which term or terms shall remain in full force and effect.
Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pllanet without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. The terms of this Agreement bind and inure to the benefit of each party and the party’s successors and permitted assigns.
Survival. Sections 3, 6, 8, 10-11, 13, 15-22 will survive any termination of this Agreement.
Non-Waiver. No delay or omission by Pllanet in exercising any right under this Agreement shall operate as a waiver of that or any other right. A waiver or consent given by Pllanet on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.
Headings. The headings and other captions in this Agreement are included solely for convenience of reference and will not control the meaning and interpretation of any provision of this Agreement.
Contact Us. Please contact us at help@Pllanet.com with any questions regarding this Agreement.