planat, formerly known as the Rick Hansen Global Accessibility Map, is an innovation of the Rick Hansen Foundation (“RHF”). These terms and conditions—together with the other documents referenced and linked below (collectively, the “Agreement”)—describe your rights and responsibilities concerning your use and access of planat.
Last revised October 26, 2012.
1. Operator
The website located at www.planat.com (the “Website”), and all associated services, are provided by RHF. The mailing address for RHF is 300-3820 Cessna Drive, Richmond, British Columbia, Canada V7B 0A2. In this Agreement, the terms “we”, “our” and “us” refer to RHF.
2. Modifications and Updates to This Agreement and Conditions
We reserve the right to unilaterally update or modify (collectively “change”) this Agreement at any time and from time to time. We will notify you of any changes to this Agreement by posting notice of such changes on the Website, or sending notice to you via email. You agree that RHF has this right, and that your continued use of the website or use or receipt of RHF services following notice of such change means that you agree to and accept the amendments. If you do not agree, you must immediately stop using the website and the services, and notify us that you are terminating this Agreement.
3. Other Terms
You understand and acknowledge that your use of the Website and receipt of our services is also governed by the RHF Privacy Policy, which you have read and understand, and to which you agree. You consent to the collection, use and disclosure of your personal information in accordance with the terms of and for the purposes set forth in our Privacy Policy, and agree that the terms of such Privacy Policy are reasonable. In addition, you also agree that your use of the Website and any services provided by RHF will also be subject to such other policies and procedures as may be conveyed to you from time to time, including on the Website. Such policies and procedures, together with the Privacy Policy are herein incorporated by reference, mutatis mutandis.
4. Provision of Access to the Website
We grant you permission to use the Website and to access the services available through the Website, subject to the restrictions in this Agreement. Your use of the Website and access of the services is at your own risk, including the risk that you might be exposed to content that is inaccurate, offensive, indecent, objectionable, or otherwise inappropriate. You acknowledge that the Website and services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability to you.
5.Nature of Accounts
There are three different capacities in which you may be visiting the Website: (a) as a casual visitor; (b) as a User Account holder; or (b) as a Business Account holder. This agreement governs all three types of visitors.
Casual visitors use the Website without registering, or opening an account. Casual visitors have access to a lower level of functionality through the Website than account holders.
User Account holders have registered with the Website and have opened an account. User Account holders are able to post reviews and other content on the website. This functionality is provided free of charge.
Business Account holders have access to additional functionality provided in the Venue Accessibility Program. Business Account holders can access tools to undertake assessments of their business premises; however, charges apply.
Instructions about the different accounts and how to use them are available on the Website, and we will be happy to answer any questions you might have as you start using our Website and associated services.
6. Account Eligibility
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Website. You may sign up for an account only if you
(a) are at least 19 years of age;
(b) can lawfully enter into and form contracts on the Website in accordance with Canadian law; and
(c) have not previously been banned from using the Website or our services, or have had your account closed by us.
In addition, if you are signing up for a Business Account, you represent and warrant that you have the legal authority to agree to and accept this agreement on behalf of yourself and the entity you name in the account sign-up process.
7. Account Sign-Up
When you sign up for an account, you will be asked to provide a valid email address, and a password you can use to control access to your account. You will also be asked to provide a screen name that will be displayed with comments and reviews you make publicly available using our services. In selecting a screen name, you may not impersonate someone else (for example, using the name of a celebrity). Additionally, in setting up an account, you must not: (a) create or use an account for anyone other than yourself or an organization you are legally entitled to represent; (b) provide an email address other than your own; or (c) create more than one account. When setting up an account, you will also be given the opportunity to provide additional information about yourself, as set out on the registration page. The provision of this additional information is optional, and all information will be collected and used in accordance with our Privacy Policy. RHF reserves the right to refuse to open an account for anyone at any time for any reason, and reserves the right to close accounts at any time for any or no reason.
8. Accounts and Your Account Data
You agree to: (a) provide true, accurate, current and complete information as prompted by the Website’s registration form and RHF representatives ("Data"); (b) maintain and promptly update the Data to keep it true, accurate, current and complete; (c) be responsible for all uses and activities that occur in connection with your account; and (d) notify us immediately of any unauthorized use of your Data of which you become aware. If you provide any Data that is (or which RHF has reasonable grounds to suspect is untrue, inaccurate, not current or incomplete, RHF has the right to suspend or terminate your account and refuse any and all current or future use of our services, the Website, or any portion thereof.
9. Payments
With respect to Business Accounts, in exchange for obtaining access to the additional functionality provided in the Venue Accessibility Program—including the creation of new venues within that program—you agree to pay the advertised fees then in effect.
We currently accept payments via Paypal only. All fees are invoiced from time-to-time, following your Website request for fee-bearing services, and your use of the fee-bearing service will be limited until your payment is made to us. For example, if you create a new venue within the Venue Accessibility Program, you understand and agree that the data you enter related to that venue (and the conclusions and summaries to be drawn from that data) will not be available on the Website until you pay the related fees to us.
10. Payment Disputes
If you note a payment problem and/or a discrepancy should occur, you must contact us within 15 days of the date of the invoice to discuss the issue. A failure to do so will be taken as your irrevocable waiver of such issue.
11. Ownership
All of the content on or made available via the Website, including without limitation all of the page headers, images, illustrations, graphics, audio clips, video clips, multimedia clips, interfaces and text (collectively “Material”) is the property of RHF or its licensors (which licensors may include you, if you have made Submissions, as discussed below)—as are all trade-mark, copyright, patent and/or other intellectual property rights arising therefrom. The Material is protected under copyright, trade-mark and other laws of Canada and other countries, and RHF owns all copyright in the selection, co-ordination, arrangement and enhancement of the Material. planat and the planat Logo are trade-marks of RHF. All other company names, brand names, trade-marks and logos are the property of their respective owners. Nothing contained on the Website should be construed as granting any license or right to use any trade-marks (whether by implication or otherwise), including RHF’s trade-marks, except with the express written permission of RHF or such other party that may be the owner thereof.
12. Permitted Use of the Website & Prohibitions
You may download, print and store selected portions of the Material provided that you: (a) only use these copies of the Material for your own personal, non-commercial use; (b) do not copy or post the Material on any network computer, or broadcast or redistribute the Material in any media or through any other channel; (c) do not modify or alter the Material in any way; and (d) do not delete or change any copyright, trade-mark or other proprietary notice contained in the Material. The foregoing restrictions do not apply to your Submissions (as discussed below), if any. Your use of any of the Material (whether in whole or in part, other than your Submissions) is strictly prohibited, except only and to the limited extent expressly permitted above. Without limiting the foregoing, you must not frame, mirror, scrape, or mine any of the Material except with our prior written consent. Except as indicated by our robots.txt or similar file, you may not use any robot, spider, other automatic device or manual process to monitor or copy web pages or the Material. You may not, whether directly or indirectly, use any device, software or routine or otherwise interfere or attempt to interfere with the proper working of the Website. You may not take any action that places a disproportionately large load on the infrastructure of the Website. We will enforce our rights under this Agreement and to the fullest extent of the law should you breach any of these terms and conditions.
13. Submissions
With respect to all text, images, photos, audio, video, venue data and reviews, and all other forms of data or communication submitted or transmitted to, through, or in connection with the Website with your account credentials (including ratings, comments, compliments, messages, and other information that you publicly display or that is displayed in your account profile) (collectively, “Submissions”), you give RHF a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable, non-exclusive license to delete, reproduce, modify, translate, rent, lend, share, publish, adapt, create derivative works from, incorporate into other works, distribute, communicate by telecommunication, publicly perform, publicly display, distribute and otherwise use your Submissions. This license includes, without limitation, the right for RHF to repurpose and commercialize (without notice or compensation to you) the Submissions in any manner whatsoever. In addition, you agree to and hereby irrevocably waive any and all moral and other non-transferable rights you have in the Submissions.
14. Feedback
We welcome your comments and other feedback regarding the Website, RHF and its services. In the event you provide us with any communication or material about RHF, the Website or our services (whether through this Website, by electronic mail or otherwise) including any data, questions, comments, suggestions, testimonials or the like (all of which are collectively called “Feedback”), you grant RHF a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable, non-exclusive license to delete, reproduce, modify, translate, rent, lend, share, publish, adapt, create derivative works from, incorporate into other works, distribute, commercialize, communicate by telecommunication, publicly perform, publicly display, distribute and otherwise use such Feedback and information throughout the world in any media, now known or hereafter developed for any purpose, and you waive any and all moral rights in the Feedback and such information. You also agree that we are free to use any ideas, concepts, know-how, or techniques contained in any Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. You also grant us the right to use the name you submit (if any) with such Feedback or information, in connection with our rights hereunder. Additionally, at our request and cost, you agree to sign and deliver to us all further documents and assurances that we may request in connection with the licenses, assignments, transfers, releases and waivers contemplated by this section.
15. Your Representations and Warranties
You agree, represent and warrant that: (a) you have all the rights, power and authority necessary to enter into this Agreement, and to grant the licenses and consents contained herein; (b) all rights in and to your Submissions and Feedback including, without limitation all trade-mark, trade secret, patent, copyright, moral, or other proprietary rights, are owned by you or you have full authority by way of the necessary licenses, permissions, waivers and consents to use the Submissions and Feedback, to provide the Submissions for use under the license, and provide the Feedback to RHF;(c) your Submissions and Feedback will be true and accurate, reflective of your personal experience as a consumer or visitor;(d) your Submissions will be unbiased and objective, and will not be the product of any trade, barter, payment or other consideration promised or supplied by Website users, businesses, or any other party; (e) your Submissions and Feedback do not contain any unlawful, hateful, objectionable, harmful, threatening, abusive, harassing, offensive, libelous, defamatory, slanderous, immoral, pornographic, indecent, or obscene material, or material that is discriminatory (as relating to race, ethnicity, sexual orientation, age, religion, or other grounds) or is otherwise objectionable;(f) your Submissions and Feedback do not contain any viruses, worms, time bombs, trojan horses and other harmful or malicious code, files, scripts, agents or programs;(g) your Submissions and Feedback do not advocate or describe any illegal activity, and do not advertise or solicit funds for goods or services;(h) although RHF may monitor or review the quality or nature of Submissions from time to time, we are under no obligation to do so, and that we have the right (but not the obligation) to remove or refuse to publish or otherwise provide access to Submissions; (i) your Submissions, the Feedback and their uses as contemplated hereunder and otherwise on the Website will not conflict with or violate any other agreement between you and any other party, or any applicable laws (including as relating to intellectual property, confidentiality, personal or proprietary rights); and (j) if you make a Submission, you alone are responsible for such Submission, and you understand that, once published, a Submission cannot always be withdrawn. Finally, if you make a Submission, you acknowledge and agree that you may expose yourself to liability in making Submissions, and you assume all risks associated with your Submissions, including anyone's reliance on their quality, accuracy, or reliability.
16. Links
The Website may contain links to other web sites. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by RHF of the linked web site or information contained therein. Your use of such sites and your dealings with the owners or operators thereof are at your own risk.
17. Support
In the event that you have difficulties in using accessing the Website or otherwise using our services, you can contact RHF at accessibility@rickhansen.com for assistance.
18. Confidentiality
Transmissions to RHF (whether effected through the Website or otherwise) may not be secure, may not be treated as confidential or protected in any way, and do not create any fiduciary or other relationship or duty of any kind. You should not send confidential or sensitive information via the Internet or e-mail.
19. Cancellation / Termination
If you no longer wish to receive services from RHF and wish to terminate this Agreement, you will be required to inform us by email to accessibility@rickhansen.com of your intention. Neither failing to access the Website, or, if you are an account holder, failing to log in to your account, will constitute your termination of this Agreement. RHF may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the services or the Website (or any part thereof), or terminate this Agreement, without any prior notice or liability to you or any other person. If this Agreement is terminated by you or RHF for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your use of the Website and our services prior to termination; (b) you may be prevented from accessing the services, your account details, or any content which is associated with your account; (c) RHF may continue to use and disclose your personal information in accordance with the RHF Privacy Policy as amended from time to time; and (d) this Agreement will nevertheless continue to apply and be binding upon you with respect to the obligations referenced in Section 28 hereof and the license rights provided to us hereunder.
20. Errors, Inaccuracies & Disclaimer
Your use of this Website and associated services is undertaken at your own risk. The Website may contain errors or inaccuracies, and may not be complete or current. We therefore reserve the right (though do not assume the obligation) to correct any errors, inaccuracies or omissions and to change or update information or services at any time without prior or any notice to you. Moreover, our provision both of access to the Website and to our services are dependent on a variety of other parties, including service providers (like internet service providers, website hosts, email service providers and the like) and upon third parties contributors (like those who provide Submissions) that we do not and cannot control. As such, the Website, accounts, and the services provided on or through the Website or otherwise by RHF are provided ON AN“AS IS,” “AS AVAILABLE” BASIS,WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. We assume no risk or responsibility for your use of or inability to use any of the services or the content provided on the Website. TO THE FULL EXTENT PERMITTED BY LAW, RHF, OUR AFFILIATES, AND OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, MEMBERS OR SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE, ITS CONTENTS AND ALL SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, ACCURACY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE. Without limiting the foregoing, we do not represent or warrant that the information on the Website or the account services are of a particular quality, are accurate, complete, reliable, useful, timely or current, or that the Website or services will operate without interruption or error. We assume no responsibility, and are not be liable for, any damages to you, your equipment, data or other property on account of your access to, use of, or browsing on the Website, reliance upon any Submissions, or inability to do any of the foregoing.
21. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL RHF, OUR AFFILIATES, OR ANY OF OUR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, MEMBERS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES (a) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES; OR (b) SUFFERED AS A RESULT OF YOUR USE OR RELIANCE ON THE WEBSITE OR SERVICES PROVIDED THROUGH IT. This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary, punitive or otherwise, including, without limitation, loss of data, income or profits or failure to realize anticipated savings), whether based in contract (including fundamental breach), tort (including negligence), strict liability or otherwise, even if we have been advised of or should have known of the possibility of such damages. If you are dissatisfied with these terms, your sole and exclusive remedy is to terminate this Agreement. You acknowledge, by your use of the Website or the services, that such use is at your sole risk. Notwithstanding the foregoing, if for any reason we are found liable for any loss or damage which arises out of or is in any way connected to your use of (or inability to use) the services, then our the total aggregate liability under such circumstances will not exceed $10.00 (Canadian funds), in aggregate.
22. Indemnification
You agree to indemnify and save harmless RHF, our affiliates, and our respective officers, directors, employees, consultants, representatives, members and agents (in this section, “we” and “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability, including without limitation reasonable professional fees, brought against or suffered or incurred by us as a result of your use of the Website, the services or a breach of this Agreement. Without limiting the foregoing, you assume any and all liability for Submissions uploaded with your account credentials, and you agree to defend, indemnify and hold us harmless from and against any and all third-party claims, actions, proceedings, damages and expenses (including without limitation lawyer fees on a solicitor-client basis) and costs, arising out of the breach or alleged breach of a covenant, representation or warranty in this Agreement. When we are threatened with a suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us as provided above; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action relating to or arising from any services offered by us that is: (a) initiated by you, which is unsuccessful; or (b) initiated by a third party, who Is suing you; you will reimburse us at a reasonable rate for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response. This defence and indemnification obligation will survive this Agreement and your cessation of use of the Website and our services.
23. Governing Law and Courts; Timing of Claims
This Agreement and your use of the Website will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to your use of or inability to use the Website, the services and this Agreement. You agree that any claim or cause of action you may have arising from, connected with, or relating to this Agreement, the Website or our services must be commenced in a court of competent jurisdiction in the Province of British Columbia within six (6) months after the claim or cause of action arises, after which time you agree the claim or cause of action is waived and forever barred.
24. Severability
The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.
25. Other Jurisdictions
Use of the Website and consumption of RHF’s services is unauthorized in jurisdictions that do not give effect to this Agreement or where access to or use of Website or consumption of the services may be illegal or prohibited. Those who choose to access the Website or use the services from such locations do so on their own initiative, at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
26. Waiver
No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
27. Enurement
The provisions of this Agreement will enure to the benefit of and be binding upon each of RHF and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of RHF which may be withheld in RHF's sole discretion. RHF may assign this Agreement and its rights and obligations under this Agreement without your consent or notice to you.
28. Survival
The provisions of Sections 3, 8, 10–13–16 and 18–29, shall survive termination of the Agreement, howsoever occasioned.
29. Entire Agreement
This Agreement, together with those documents incorporated or referred to herein, constitute the entire agreement between you and RHF relating to your use of the Website and the provision of accounts and related services, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by the express and explicit agreement of RHF to modify this Agreement in writing, or by RHF making such amendments or modifications available to you pursuant to a modification of this Agreement as permitted herein. No RHF employee or agent has the authority to vary this Agreement. In the event of a conflict between the provisions of these planat Terms of Use and the provisions of any other document or agreement incorporated or referenced herein, these planat Terms of Use shall govern to the extent of the inconsistency.