Terms and Conditions
Last updated: March 02, 2020
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to PlusLess, Ch. de l’Ochéttaz 6B – 1025 St-Sulpice.
- Country refers to: Switzerland
- Service refers to the Website and Mobile App PlusLess.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement as been created with the help of Terms and Conditions Generator.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to PlusLess, accessible from https://plusless.love/
- Mobile App refers to PlusLess, accessible from Google Play Store and Apple Store
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 CHF if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Use of Our Site and Mobile App
Certain areas of the Site or Mobile App provide a place for Users to interact with other Users and secure services offered by such Users. However, PlusLess does not provide any such User services, and is not an agent or representative for any User. Therefore, PlusLess has no control over any User’s activity on the Site, including interactions between Users, and does not make any representations regarding the quality, accuracy or safety of the services being provided by a User, or the activities or transactions between Users.
You acknowledge that the Site is a neutral venue and not a broker, and you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. PlusLess shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Responsibility for Public Postings and Content
Responsibility for what is posted in public areas of the Site lies with each User – you alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other User postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so. We are not a publisher of user posts and we are not responsible for their accuracy or legality.
You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, “Our Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms and Conditions violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms and Conditions.
Although Our Representatives may moderate content, conduct and Terms and Conditions compliance on the Site at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will “take care” of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms and Conditions violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms and Conditions violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms and Conditions violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.
Registration and Log In
To access certain features or areas of the Site or mobile App, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Site are only available to our registered users, and to access those areas of the Site you will be required to log in using your username and password.
You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for us to suspend or terminate your account and refuse you service in the future. The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
If you are a business (including a vendor) and experience a dissolution, merger or other significant change in personnel (e.g., sale of company), then we, in our sole discretion, have the right to determine whether to keep active, transfer or terminate your account, including all User reviews and other Site Content previously associated with such account.
Billing Policies. You are responsible for paying any and all applicable fees (including subscription fees) as set forth in any agreement entered into (i) through the Site (including for any mobile application or goods or services provided by a User to another User (a “User Provided Service”)) or (ii) by clicking through to another digital property or mobile application (including through the Apple App Store or Google Play) that requires payment, and applicable taxes associated with the Site in a timely manner with a valid payment method.
Unless we state in writing otherwise, all fees and charges are nonrefundable. Unless otherwise stated, all fees are quoted in CHF. All payments must be made by the methods specified within the Site. You agree that we may charge your selected payment method for any such fees owed. You are required to keep your billing information current, complete and accurate (e.g., updating any change in billing address, payment card number, and expiration date) and to notify PlusLess if your selected payment method is cancelled (e.g., for loss or theft). If you want to use a different debit or credit card, or there is a change in debit or credit card validity or expiration date, or if you believe someone has accessed the Site using your user name and password without your authorization, you must follow the procedures outlined in the Help section of these Terms and Conditions or the Site. You are responsible for any fees or charges incurred to access the service through an Internet access provider or other third-party service. PlusLess may add new services for additional fees and charges, or add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in these Terms and Conditions.
The applicable User (including any vendor) and not PlusLess, is responsible for delivering any purchased goods or providing any services. If you, as a User, choose to enter into a transaction with another User (including a vendor), you agree and understand that you will be required to enter into an agreement with such User and agree to any terms or conditions which may be imposed by such User. As a User, you acknowledge and agree that you, and not PlusLess, will be responsible for performing the obligations of such agreements, except as otherwise expressly set forth in these Terms and Conditions.
No Refunds. You may cancel your Site or Mobile App account at any time; however, there are no refunds for cancellation except (a) as expressly set forth herein, and/or (b) as required by applicable law. In the event that PlusLess suspends or terminates your account or these Terms and Conditions, you understand and agree that you shall receive no refund or exchange for any Site Content, any unused time on a subscription, any license or subscription fees for any portion of the Sites, any content or data associated with your account or for anything else.
Charges on Your Account. You are responsible for all charges incurred under your account made by you or anyone who uses your account. If your payment method fails or you are past due on amounts owed, we may collect fees owed using other collection mechanisms. Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You are also responsible for paying any taxes imposed on your use of the Site or any services contained therein (including for any User Provided Service), including, but not limited to, sales, use or value-added taxes. To the extent PlusLess is obligated to collect such taxes, the applicable tax will be added to your billing account.
Authorization; Payment Processing. You expressly authorize PlusLess to debit or credit any monies from the payment method you have chosen. Authorization to charge your chosen payment method account will remain in effect until you cancel or modify your preferences within the Site; provided, however, that such notice will not affect charges submitted before PlusLess could reasonably act. The vendor shall be responsible for all fees associated with the processing of the payment method, including payment processing and associated bank fees.
Disputes. You agree to contact the User who purchased or sold the goods or services directly with all inquiries regarding such purchased goods or services. PlusLess has no obligation to handle or facilitate the handling of any disputes between Users. For avoidance of doubt, any disputes directly with PlusLess shall be handled in accordance with these Terms and Conditions.
Booking Fees. If applicable, PlusLess may collect a booking or other fee. Any such fees will be disclosed to you at your time of registration or at the time of booking.
Correcting Mistakes in Payments to Vendors and Customers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous PlusLess refund or reimbursement. Users will look solely to other Users (including vendors) to resolve any payment error made by such User, and PlusLess will have no liability for such errors.
Automatic Membership Renewal (“Auto-Renew”)
To the extent PlusLess offers Users membership in any Site or mobile App, such memberships may renew automatically for successive periods unless otherwise agreed to in writing. Without limiting the foregoing, if you sign up, upgrade or renew your membership, you are automatically entered into our auto-renew program unless otherwise specified in the applicable terms or agreement. This means that, unless otherwise specified in the applicable terms or agreement, we will charge your selected payment method at the start of each new membership term and during the membership term. In order to avoid billing of fees for the renewal term to your selected payment method, you must cancel your subscription before it renews as indicated in the applicable terms or agreement.
You may cancel your membership by contacting PlusLess at firstname.lastname@example.org. If you are enrolled in a monthly or other periodic payment plan and you decide to cancel during the membership period, you acknowledge and agree that, unless otherwise agreed in writing, you may continue to be billed on a monthly or other applicable periodic basis until your originally scheduled membership expiration date.
Downloading from the Apple App Store and Google Play
Without limiting anything herein or contained in any additional terms you may agree to, you agree that by using or accepting a Site downloaded through the Apple App Store or similar iOS mobile application retail portal (the “Apple App Store”) (each such Site, an “Apple Mobile Application”), or through the Google Play or similar Android mobile application retail portal (“Google Play”) (each such Site, a “Google Mobile Application), you agree to be bound by the terms and conditions in this section. You acknowledge and agree that (i) the Terms and Conditions is concluded between you and PlusLess only, and not with Apple, and (ii) PlusLess, not Apple or Google, is solely responsible for the Apple Mobile Application and Google Mobile Application content thereof. Your use of the Apple Mobile Application must comply with the Apple App Store Terms of Service set forth at www.apple.com/legal/itunes/us/terms.html#APPS) or Google Mobile Application must comply with the Google Play Terms of Service set forth at https://play.google.com/intl/ALL_us/about/play-terms.html.
You acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Mobile Application or Google Mobile Application. In the event of any failure of the Apple Mobile Application or Google Mobile Application to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price, if any, for the Apple Mobile Application or Google Mobile Application to you and to the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the Apple Mobile Application. Or Google Mobile Application. As between PlusLess and Apple or Google, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PlusLess.
You acknowledge that, as between PlusLess and Apple or Google, Apple or Google is not responsible for addressing any claims you have or any claims of any third party relating to the Apple Mobile Application or Google Mobile Application or your possession and use of the Apple Mobile Application or Google Mobile Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Mobile Application or Google Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that the Apple Mobile Application or Google Mobile Application or your possession and use of Apple Mobile Application or Google Mobile Application infringes that third party’s intellectual property rights, as between PlusLess and Apple or Google, PlusLess, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.
You acknowledge and agree that Apple and Apple’s subsidiaries or Google and Google’s subsidiaries are third-party beneficiaries of these Terms and Conditions as related to your license of the Apple Mobile Application or Google Mobile Application, and that, upon your acceptance of the terms and conditions of these Terms and Conditions, Apple or Google will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as related to your license of the Apple Mobile Application or Google Mobile Application against you as a third-party beneficiary thereof. Without limiting any other terms of these Terms and Conditions, you must comply with all applicable third-party terms of agreement when using the Apple Mobile Application or Google Mobile Application.
If you have any questions, complaints or claims with respect to the Apple Mobile Application or Google Mobile Application, please contact us at email@example.com.
The communications between you and us via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Copyright Infringement Notices
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice to PlusLess at firstname.lastname@example.org We have a policy of terminating the Site usage privileges of users who are infringers of intellectual property rights.
Changes to the Site
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
Suspension or Termination of Access
We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms and Conditions (including the Rules of Conduct). In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms and Conditions that were in effect as of the date of your suspension or termination.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service.
You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By visiting this page on our website: https://plusless.love/