Throughout this Agreement, we may use certain words or phrases, and it is important that you understand their meaning. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical: “Agreement” means these Terms of Service; “Service” refers to the services that we provide through our Site, as well as any; “Site” refers to our websites, formcan.com, and its subdomains; “PlatoForms Pty Ltd,” “us,” “we,” and “our,” refers to our company PlatoForms Pty Ltd, our Site or our Service, depending on the context of the usage; “User” refers to you, those who use our Services, and general visitors to our Site; “You” refers to you, the person who is entering into this Agreement with us.
Modification to the Terms
PlatoForms Pty Ltd reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, PlatoForms Pty Ltd will notify you by posting an announcement on the Website. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Use of the service
PlatoForms Pty Ltd welcomes you to view and use the materials on this site for your informational, non-commercial use, provided that you leave all the copyright warnings or other proprietary notices intact. You may not store, alter, duplicate, transmit, share, repost, openly display or otherwise use any content on this site, or the design or layout of this site or individual segments of it, in any form or media except with the express prior written approval of PlatoForms Pty Ltd
To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a user name or password of another person. You shall protect your username and password and also, You are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Services on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify PlatoForms Pty Ltd immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Services. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your account and your right to use the Website.
PlatoForms Pty Ltd may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. You acknowledge and consent to such access. PlatoForms Pty Ltd WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, written posts, reviews, and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
As between you and us, PlatoForms Pty Ltd and its licensors exclusively own all right, title and interest in and to the Service, including without limitation any improvements thereto, Updates, and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, and copyrights (the “PlatoForms Pty Ltd Content”), and all Intellectual Property Rights (as defined below) related thereto and derivative works of the foregoing. Except as expressly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights (as defined below), and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the PlatoForms Pty Ltd Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Your Proprietary Rights
As between you and PlatoForms Pty Ltd and subject to Section above, you own all right, title and interest in and to your Sites and all data and content embedded thereon or contained therein (excluding the Service), and any Intellectual Property Rights for any of the foregoing embodied therein.
License to FORMCAN
You expressly grant, and you represent and warrant that you have all rights necessary to grant, to us, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, develop, transmit, distribute, modify, reproduce, publicly display, and create derivative works of any information you give to us, for the purposes of (a) providing the Services (b) developing, maintaining, supporting, and improving the Services so long as any information relating to end-users of the Sites is not reasonably identifiable with an individual; (c) marketing, promoting and advertising the Services so long as any information relating to end-users of the Sites is not reasonably identifiable with an individual; and (d) creating and distributing reports so long as any information relating to end-users of the Sites is not reasonably identifiable with an individual. You agree that PlatoForms Pty Ltd may identify you as its customer, and use your name, logo and any other information given in connection with any marketing, promotion, or advertising of the Service.
Feedback and Improvements
You may choose to or we may invite you to submit comments, suggestions, feedback, or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PlatoForms Pty Ltd under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you
It is a PlatoForms Pty Ltd policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act DMCA). PlatoForms Pty Ltd respects the intellectual property of others, and we ask our users to do the same. If you violate these terms, you are guilty of violating copyright law and will be legally liable before a court. Do not copy, distribute, modify, alter, steal or sell copyrighted works and original materials created or supplied by PlatoForms Pty Ltd.
PlatoForms Pty Ltd will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to (email)
To be valid, the notification must be in writing and include the following data:
a physical signature or an electronic of the person entitled to act on behalf of the proprietor of the copyright or other intellectual property interests;
a description of work protected by copyright or other intellectual property that is believed to have been violated;
a description of where the material that you believe is infringing on the Service is located, with sufficient details to allow us to find it on the Service;
Your address, telephone number, and email address;
a statement in good faith that the use in dispute is not authorized by the copyright or the owner of the intellectual property, by its agent or by law;
your statement, made under penalty of perjury, that the data above in your Notice is correct and that you are the proprietor of the copyright or intellectual property or that you are authorized to act on behalf of the owner of the copyright or intellectual property.
Also, keep in mind that if you have knowingly misrepresented that any activity or material on our Service is violating, you may be liable to PlatoForms Pty Ltd for certain costs and damages
Subscription Fees and Terms
PlatoForms Pty Ltd offers a range of subscription plans to its Services (each, a “Plan”). You will select your Plan as part of your registration for the Services, which may begin with a Free Trial. Each subscription period for a Plan will be based on the subscription period chosen/sold (e.g. annually, bi-annually, quarterly, monthly). You may choose to be billed for the Plan annually or in less than annual increments (e.g. monthly or bi-annually), but regardless of your billing cycle, you are responsible for subscription fees for the entire subscription period chosen/sold.
Users willing to avail the subscription services shall be required to pay subscription fees as prescribed in such respective subscription Package. The user of such service shall be bound by the terms and conditions prescribed for each individual Services, in addition to the terms and conditions stated herein, to the extent not inconsistent with such Subscription terms and conditions.
Notwithstanding anything contained to the contrary in this term of use or any subscriptions fees paid shall be non-refundable, non-transferrable, non-assignable, non-negotiable. Subscription fees once paid shall not be refunded to the user under any circumstances whatsoever, nor will the subscription fees once paid to be adjusted against any other Services whatsoever. The validity of the subscription and services made available to user under such Services subscriptions shall be as per the terms stated in respective Services terms and conditions.
Pending validity of any Service subscription, should user terminate his account, in that event the unused subscription fees/services shall deem to have been appropriated and user shall not have any right of refund or adjustment of unused subscription fees/services. User hereby authorizes PlatoForms Pty Ltd to appropriate such unused subscription fees.
Any unused services or subscription fees upon the expiry of the subscription period of the Services shall deem to have lapsed and the user shall not have any right to carry forward any unused services/fees. User hereby agrees that the subscription fees payable by the user to avail the services of a specified Services for a specific duration, and it is upon the user to avail or not to avail such services. PlatoForms Pty Ltd assumes no responsibility or liability on account of any failure on the part of the user, in not being able to avail, whether in part or full, the services available under the specified subscribed Services.
User shall be liable to pay any applicable government taxes, cess, fees, bank transfer charges etc for subscribing to PlatoForms Pty Ltd paid services.
We reserve the right at any time to discontinue/terminate the services available under any subscribed Services and user shall not have any right to avail or continue to avail any such services available under such Services whatsoever.
Subscriptions to the Services may begin with a free trial period (“Free Trial Period”). While you may not be required to enter your billing information in order to sign up for the Free Trial Period, you may provide such information at any point during the Free Trial Period. If you do so, you will not be charged until the Free Trial Period ends. After Free Trial Period, you may stay with our Free Forever Plan or a Paid Plan. PlatoForms Pty Ltd reserves the right to modify, cancel and/or limit the Free Forever Plan without notice at any time.
Paid accounts are subscriptions. This simply implies that the user will be billed in advance on a recurring, periodic basis. Your FormCan subscription will automatically renew at the end of each billing cycle until you cancel your FormCan subscription by selecting the plan on the billing page.
Change your plan.
You can downgrade or upgrade the plan at any time through the plan subscription page. The plan change takes effect immediately, and you will start a new billing cycle from the change plan date.
Downgrading of Plan
Downgrading your PlatoForms Pty Ltd. account plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, PlatoForms Pty Ltd. does not accept any liability for such damages. Even when you cancel or downgrade your subscription, you will not lose any of your forms or your data.
Cancellation of Plan
You may cancel your Paid Plan at any time. PlatoForms Pty Ltd never delete user’s data even if the user cancels the plan. We only delete user’s data upon user request. The paid subscription fee shall be non-refundable. The cancellation will be effective immediately.
Changes in Fees
We may change the fees for the Services at any time or impose additional fees or charges. Such changes will be effective as of the first billing cycle that occurs more than thirty (30) days after notice of our new fees, provided that if you upgrade or downgrade to a new Plan, whether at your election, you will be charged at the then-current rate for such Plan.
Payment of Fees
As an express condition of your use of and access to the Services, you agree to pay all fees applicable to your Plan, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Services.
We will bill the fees due under your Plan to the credit card you provide to us during registration (or to a different credit card if you change your payment information). You acknowledge that the amount billed for each renewal period may vary due to promotional offers, changes in your Plan, and changes in applicable taxes, and you authorize us to bill you the corresponding amounts. We reserve the right to deactivate your access to the Services for failure to pay applicable fees as described in this Agreement.
Credit Cards Payments
All fees for your Plan will be billed to your credit card. You authorize the card issuer to pay any amounts described herein and associated with your Plan and authorize us (or a billing agent acting on our behalf) to continue charging all such amounts to your credit card account until you or we, cancel or terminate your Plan as provided herein or these amounts are paid in full, whichever is later.
You must provide current, complete and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number and expiration date) to keep your account current, complete and accurate, and you must promptly contact PlatoForms Pty Ltd if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your PlatoForms Pty Ltd username or password). You authorize us to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. Please check with your bank and credit card issuer for details.
This license is not a transfer of title in the Content or any copies of the Content and is subject to the following restrictions:
You may not modify the Content in any way (including the removal of any copyright or other proprietary notice contained in the Content), or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
Permissions and Restrictions
You agree not to distribute any part of the site, in any medium, without the prior written consent of PlatoForms Pty Ltd other than through functions and features provided through the site.
You agree not to alter or modify any part of the site.
You agree not to use any part of the site for any commercial use without the prior written authorization of PlatoForms Pty Ltd Inc. Prohibited commercial uses include without limitation any of the following actions taken without PlatoForms Pty Ltd express written approval: 1) sale of access to the site on another app or website; 2) use of the site or any information on the Site for the purpose of gaining advertising or subscription revenue; or, 3) the sale of advertising on the site or any third-party website targeted to any information on the site.
Prohibited commercial uses do not include uploading of original material to the site approved in advance or expressly authorized by PlatoForms Pty Ltd in writing.
PlatoForms Pty Ltd reserves the right to discontinue any aspect of the site at any time.
Availability, errors, and inaccuracies.
We regularly update our services (“service”) on our site. The services describe and/or available on the site may be incorrectly evaluated, incorrectly described, or unavailable, and we may experience delays in updating the information about the service and our advertising on another site.
We cannot guarantee the accuracy or perfection of any data, including prices, products, details, accessibility, and services. We hold the right to modify or update information and correct any errors, inaccuracies, or omissions at any time without notice.
PlatoForms Pty Ltd. makes no guaranty that forms provided by FormCan Service will be 100% available all the time and will be error-free. You will be completely responsible for any damage arising from any errors on a form or unavailability of a form.
Accuracy of Information
We make every effort to ensure the information presented in, on or through the site is accurate; however, PlatoForms Pty Ltd makes no guarantee as to such information and is not responsible for any resulting loss or damage. PlatoForms Pty Ltd makes no representations regarding the availability and performance of its site. You, as a result of this, admit that any use of the Website and reliance upon any Materials shall be at your sole risk and that PlatoForms Pty Ltd shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use.
When you use the Site or send emails to PlatoForms Pty Ltd, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us.
By giving your email address to PlatoForms Pty Ltd., you consent to receive administrative notifications, newsletters, sales, and marketing emails from PlatoForms Pty Ltd. You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.
When your forms are being submitted by a third-party, by default, you’ll receive the results as an email announcement. PlatoForms Pty Ltd. goes to great lengths to ensure the successful delivery of emails. We do not guarantee the successful delivery of your email notifications.
You agree to defend, indemnify and hold PlatoForms Pty Ltd, its employees, agents, officers, directors and other staff from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (I) your use of and access to the PlatoForms Pty Ltd Site and Service; (II) your violation of any term of these Terms of Service; (III) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (IV) any claim that any of your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Agrivi Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
PLATOFORMS PTY LTD. AND ALL SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PLATOFORMS PTY LTD., NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO (1) THE WEBSITE; (2) ANY INFORMATION PROVIDED VIA THE WEBSITE; (3) THE SERVICES, OR (4) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PLATOFORMS PTY LTD IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LOST PROFITS, NON-INFRINGEMENT, TITLE, TRADE, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
PLATOFORMS PTY LTD. DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE INCLUDING THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. PLATOFORMS PTY LTD. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE SERVICES OFFERED ARE ACCURATE, COMPLETE, OR USEFUL. PLATOFORMS PTY LTD. DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION AND PLATOFORMS PTY LTD. SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
Limitation of Liability
In no case shall PlatoForms Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost revenue, lost savings, loss of data, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Issue of complaints. In no event shall we be liable for any direct, indirect, special, incidental, equitable or consequential damages for any use or reliance on our Services or those affiliated with us in any form, and frees us from any claim; Including, without limitation, those relating to loss of benefits, individual or business intrusions, individual damage, mishap, misapplication of data or some other misfortune, disease or physical or mental condition, or something else, regardless of whether we are expressly informed of the possibility of such harm. or difficulty
Choice of Law
This Agreement shall be governed by the laws in force in Australia. You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest Australia. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed and that you will be responsible for our reasonable attorneys' fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys' fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Termination and Cancellation
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Cancellation may result in the immediate deletion of any content that you have submitted to PlatoForms Pty Ltd. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
This Agreement, together with any amendments and any additional agreements you may enter into with PlatoForms Pty Ltd in connection with the Service, shall constitute the entire agreement between you and PlatoForms Pty Ltd concerning the Service.
Questions about the Terms of Service should be sent to us at ([email protected]).