1. Acceptance of this Agreement
JustPlan provides an online marketplace that connects consumers with vendors and/or other businesses. JustPlan platform permits consumers to place orders for products and booking for services from various vendors (the “Software”). Once an order or booking is done, the Software notifies Vendors that an order or a booking has been made for their product or service.
JustPlan is a Platform provider only, and we are not obliged to provide any background check or qualification and no approval procedure, system or process towards the Users and/or the content of the Platform.
If you access our website at www.just-plan.com or www.just-plan.online or access any information, function, or service available or enabled by JustPlan (each, a “Service” and collectively, the “Services”), or complete the JustPlan account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) hereby represent and warrant that:
(a) you have read, understand, and agree to be bound by this Agreement;
(b) you are of legal age in the jurisdiction in which you reside to form a binding contract with JustPlan; and
(c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account and to bind such organization to the Agreement.
The terms “User” and “Users” refer to all individuals and other persons who access or use the Services, including, without limitation, any organizations that register accounts or otherwise access or use the Services through their respective representatives. Except as otherwise provided in this Agreement, if you do not agree to be bound by the Agreement, you may not access or use the Services.
2. Modifications
JustPlan reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Software or Services at any time, effective upon posting of an updated version of this Agreement through the Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
3. Additional Terms and Policies
By using the Services, you agree to be bound by this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with JustPlan Privacy Policy, which is incorporated in this Agreement by reference. You also agree to abide by any additional JustPlan policies for Users that are published on our website or mobile application. Certain features of our Services may be subject to additional terms and conditions, which are incorporated herein by reference.
4. Rules and Prohibitions
Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:
(a) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, JustPlan employees, or our community.
(b) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
(c) You will only access the Services using means explicitly authorized by JustPlan.
(d) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
(e) You will not use the Services to cause nuisance, annoyance or inconvenience.
(f) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, User or Contractor, unless JustPlan has given you prior permission to do so in writing.
(g) You will not copy or distribute the Software or any content displayed through the Services, including Vendors’ content and reviews, for republication in any format or media.
(h) You will not compile, directly or indirectly, any content displayed through the Services except for your personal, noncommercial use.
(i) The information you provide to us when you register an account or otherwise communicate with us is accurate, you will promptly notify us of any changes to such information, and you will provide us with whatever proof of identity we may reasonably request.
(j) You will keep secure and confidential your account password or any identification credentials we provide you which allows access to the Services.
(k) You will use the Software and Services only for your own use and will not directly or indirectly resell, license or transfer the Software, Services or content displayed by the Services to a third party.
(l) You will not use the Services in any way that could damage, disable, overburden or impair any JustPlan server, or the networks connected to any JustPlan server.
(m) You will not attempt to gain unauthorized access to the Services and/or to any account, resource, computer system, and/or network connected to any JustPlan server.
(n) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures JustPlan may use to prevent or restrict access to the Services or use of the Services or the content therein.
(o) You will not deep-link to our websites or access our websites manually or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our websites or any content on our websites.
(p) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Services.
(q) You will not try to harm other Users, JustPlan, or the Services in any way whatsoever.
(r) You will not engage in threatening, harassing, racist, sexist or any other behavior that JustPlan deems inappropriate when using the Services.
(s) You will report any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Services.
(t) You will not abuse our promotional or credit code system, including by redeeming multiple coupons at once or by opening multiple accounts to benefit from offers available only to first-time users.
(u) You will not attempt to undertake any of the foregoing.
In the event that we believe or determine that you have breached any of the aforementioned, we reserve the right to suspend and/or permanently deactivate your account at our sole discretion.
5. Vendors
You agree that JustPlan provides a technology platform connecting you with independent vendors that provide the products and the services offered through the Services. You acknowledge and agree that JustPlan does not itself make products or offer services, and has no responsibility or liability for the acts or omissions of any Vendors. Vendor is the retailer or the business; the services offered by JustPlan pursuant to this Agreement do not include any retail services or any service. JustPlan provides a technology platform facilitating the transmission of orders by Users to Vendors for sale or booking. JustPlan will not assess or guarantee the suitability, legality or ability of any Vendor.
You agree that JustPlan is not responsible for the Vendors’ food preparation or the safety of the food or whether the photographs or images displayed through the Services accurately reflect the food prepared by the Vendors, and does not verify Vendors’ compliance with applicable laws or regulations. JustPlan has no responsibility or liability for acts or omissions by any Vendors.
You agree that the goods that you purchase will be offered by the Vendors you have selected, that title to the goods passes from the Vendor to you at the Vendor’s location, and that, for delivery orders, the Vendor will be directed by your instructions to transport the products to your designated delivery location.
6. The User’s obligations and registration
The User must at all times:
- Respect and comply with these Terms.
- Avoid posting personal data concerning itself or other, including especially special categories of data (such as information about a person’s health, addictions or allergies) or transmitting any content that is offensive, inappropriate or illegal, or otherwise in conflict with these Terms.
- Avoid posting any content that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).
Failure to comply with the above may resolve in our deactivation of User account and/or banishment from the Platform and/or the functionalities with any notice or without notice at the sole discretion of JustPlan.
Using the Platform or some of the functionalities may be prohibited or restricted in certain countries. The User is responsible for complying with the laws and regulations of the territory from which the Platform is accessed or used.
In order to gain access to the functionalities of the Platform, the User has to sign up and register as a User of the Platform. The User is solely responsible for any content of reviews, posting pictures and information made available on the Platform and the public. The User solely is responsible for all interactions with other Users or other third-party vendors in connection with the Platform.
By creating a JustPlan account, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by emailing JustPlan at info@just-plan.com with “Revoke Electronic Consent” in the subject line.
7. JustPlan Warranty
We do not provide any warranty unless specific and expressly stated. Third-party terms may include applicable disclaimers.
JustPlan underlines that it offers no warranty, explicit or implied, regarding accuracy of any reviews or information regarding the wines.
8. Liability limitation
Due to the nature of the services provided, in general no liability incurs with JustPlan, as any potential liability lies with the Users.
If in extraordinary cases JustPlan should be liable, such liability is limited in the following ways:
- no indirect loss is covered, including but not limited to loss of data, revenue loss, edition sales, etc.;
- damages are under any circumstances limited to $5000;
- only claims based on gross negligence or intent of JustPlan can be filed.
JustPlan is never liable for errors on the Platform, or underlying software, the services or any information provided by Users. The Platform and all its functionalities are provided to the User “as is”.
The limitations and exclusions in this section(Liability limitation) apply to the maximum extent permitted by applicable law.
9. Duration and Termination
These Terms are in force for as long as the Users account is active.
JustPlan is entitled to terminate a user account immediately if the User violates the regulations of these Terms.
JustPlan’s rights to user content shall not be affected by the termination of the Terms or a user account.
Termination of a user account does not relieve you from any obligation under any other agreement that has not been specifically terminated, such as the Terms or Privacy Policy.
10. Changes
These Terms may from time to time be amended at JustPlan sole discretion, followed by a notification to the Users. Users are bound by any changes to the Terms when using the Platform after changes have been posted. An updated version of the Terms will at all-time be available at www.just-plan.com.
11. Payment Terms
(a) Prices & Charges.
You understand that: (a) the prices for products or services displayed through the Services may differ from the prices offered or published by Vendors for the same items and/or from prices available at third-party websites and that such prices may not be the lowest prices at which the product or services are sold; (b) JustPlan has no obligation to itemize its costs, profits or margins when publishing such prices; and (c) JustPlan reserves the right to change such prices at any time, at its discretion. For certain transactions, the subtotals shown at checkout are estimates that may be higher or lower depending on the final in- store totals. In those situations, JustPlan reserves the right to charge your payment method the final price after checkout. You are liable for all transaction taxes on the Services provided under this Agreement. In the event that the charge to your payment method may incorrectly differ from the total amount, including subtotal, fees, and gratuity, displayed to you at checkout and/or after gratuity is selected, JustPlan reserves the right to make an additional charge to your payment method after the initial charge so that the total amount charged is consistent with the total amount displayed to you at checkout and/or after gratuity is selected. All payments will be processed by JustPlan or its payments processor, using the preferred payment method designated in your account. If your payment details change, your card provider may provide us with updated card details. We may use these new details or details from other cards on file in order to help prevent any interruption to your Use of the Services. If you would like to use a different payment method or if there is a change in payment method, please update your billing information.
(b) No Refunds.
Charges paid by you for completed and delivered orders are final and non-refundable. JustPlan has no obligation to provide refunds or credits, but may grant them, in each case, at JustPlan’s sole discretion.
(c) Fees for Services.
JustPlan may change the fees for our Services as we deem necessary or appropriate for our business. JustPlan may also charge vendors fees on orders that you place through the Services, including commissions and other fees, and may change those merchant fees as we deem necessary or appropriate for our business or to comply with applicable law.
(d) Cancellation of order/booking request
If you wish to cancel your order or booking, you must notify JustPlan within twenty-four (24) hours of submitting your order request by contacting us at info@just-plan.com. Cancellation requests received by JustPlan on Saturday and Sunday may not be processed until the following business day.
Requests for cancellation outside of this twenty-four (24) hour period may be considered by the Vendor at their sole discretion. Orders that have already shipped may not be cancelled, even if you notify JustPlan within twenty-four (24) hours of submitting your order request. Accordingly, contact JustPlan as soon as possible if you wish to cancel.
For booking and order, the cut off time is discretionary of each Vendor. Please, refer to each vendor’s guidelines for details.
(e) Refer-a-friend Program.
JustPlan’s Refer-a-friend Program Terms and Conditions are available at https://just-plan.online/refer-a-friend/. Under the Program, JustPlan offers its registered Users the opportunity to earn credits as promotional rewards by inviting their eligible friends to register as new JustPlan Users and place their initial order through the Services by using a unique referral ID link (“Personal Link”). The User may receive a free credit as specified on JustPlan Program page. You agree that we may change the terms and conditions of the Referral Program or terminate the Referral Program at any time.
12. Orders are fulfilled by vendors
Order requests submitted through JustPlan Checkout are not fulfilled by JustPlan. JustPlan does not sell any product or services, including alcoholic beverages. JustPlan has partnered with several third-party licensed sellers (“Vendors”) who sell products through JustPlan Checkout. Prior to the final submission of your order request, JustPlan identifies the specific vendor to which your order request will be submitted. The vendor will be the sole party responsible for the sale of products or services to you. Each vendor is responsible for compliance with all applicable laws and regulations.
These JustPlan Order Request Terms govern your relationship with JustPlan , but you must consult the vendors for additional terms, conditions, or policies that may apply to your relationship with and your purchase from the vendors. Submitting an order request through JustPlan Checkout constitutes your agreement to any and all applicable seller policies including but not limited to purchases made for resale which are not allowed on the JustPlan platform.
After you submit your order request through JustPlan Checkout, JustPlan will send your order request to the Vendor . The Vendor will review your order request, and may accept or reject your order. If accepted, your payment will be processed and the Vendor will ship your order per these JustPlan Checkout Order Request Terms and per any Seller policies. The Vendor may reject the order request for any reason, including, but not limited to: inadequate inventory, errors in pricing, compliance with any applicable laws and regulations, or any reason stated in Vendor’s policies.
13.Representation of Legal Drinking Age
In the United States, alcoholic beverages may be sold and delivered only to persons who are at least 21 years old and by placing your order, you represent and warrant that you are at least 21 years old and that the person to whom delivery will be made is at least 21 years old and can accept delivery of alcoholic beverages. All deliveries of alcoholic beverages will require the signature of a person at least 21 years old. The person receiving delivery may be required to show identification proving that he or she is at least 21 years old. Outside of the United States the local market’s law regarding the legal drinking age will be required.
14. Dispute Resolution.
(a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services as a User of the Services, to any advertising or marketing communications regarding JustPlan or the Services, to any products or services sold or distributed through the Services that you received as a User of our Services, or to any aspect of your relationship or transactions with JustPlan as a User of our Services will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or JustPlan may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement.
Cases have been filed against justplan—and others may be filed in the future—that attempt to assert class action claims, and by accepting this arbitration agreement you elect not to participate in such cases.
If you agree to arbitration with JustPlan, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any such class, collective, and/or representative lawsuit. Instead, by agreeing to arbitration, you may bring your claims against JustPlan in an individual arbitration proceeding. If successful on such claims, you could be awarded money or other relief by an arbitrator.
(b) Informal Resolution. You and JustPlan agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and JustPlan therefore agree that, before either you or JustPlan demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify JustPlan that you intend to initiate an informal dispute resolution conference, email info@just-plan.com, providing your name, telephone number associated with your JustPlan account (if any), the email address associated with your JustPlan account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
(c) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certifying completion of the informal dispute resolution conference pursuant to paragraph 12(b). If this notice is being sent to JustPlan, it must be sent by email to the counsel who represented JustPlan in the informal dispute resolution process. The arbitration will be conducted by ADR Services, Inc. under its rules and pursuant to the terms of this Agreement. Arbitration demands filed with ADR Services, Inc. must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (4) the signature of the party seeking arbitration.
13. Claims of Copyright Infringement.
It is our policy to terminate the account of a user who is deemed to infringe third-party intellectual property rights and/or to remove User Content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Platform, please send a written notice to our Copyright Agent at the address below that includes all of the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interests. For example, if you are the owner of a copyright, your notice to us must include your signature.
- A description of your copyrighted work or other intellectual property that you claim has been infringed. For example, this means that you could include a written description of the work you believe to be infringed or, for images, you could also copy-paste the image of the work you believe to be infringed into your notice to us.
- A description of where the material you claim is infringing is located on the Platform. For example, providing us with a website URL or screenshot of the relevant page of our mobile app is the quickest way to help us locate content quickly.
- Your address, telephone number, and email address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you made under penalty of perjury that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We include the information in this section solely to comply with our rights and obligations under the Digital Millennium Copyright Act (“DMCA”) and other applicable law. However, you should not construe this section as legal advice to you. You should only send your notice to us after consulting with your legal counsel. Please also note that, pursuant to 17 U.S.C. § 512(c), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Effective Date – These Terms were last updated as of: January 23, 2021