General Terms and Conditions of Sale
Welcome to Planisy, the first industry multi-resource, multi-purpose, multi-view, fully interactive resource allocation planner, delivering an unprecedented level of usability.
You (“you”, “the Buyer”) have accessed a commercial website (“the Site”) operated by dizmo AG (“we”, “us”, “the Vendor”), a company registered in Switzerland (CHE 173.847.412), located at Universitätstrasse 53, 8006 Zürich. You can reach us at email@example.com or by phone at +41 52 267 88 50.
We hope that you will have a pleasant experience when placing your orders with us online.
1. WHEN YOU ORDER
These General Terms and Conditions of Sale (“GTCS”) apply to all the digital products (“the Products”) provided by the Vendor and purchased online by the Buyer through the Site. In placing an order with us, you acknowledge that you have read, understood, and accepted these GTCS without reservation. You also declare that you are entitled to enter into legally binding contracts and that you are at least 18 years old.
The Vendor reserves the right to amend these GTCS at any time by publishing a new version on the Site. Any orders placed after the publication of a new version of the GTCS shall constitute acceptance of the new version.
By using the Site, the Buyer further agrees to be bound by our Privacy Notice.
If you require any information concerning your order, please email us at firstname.lastname@example.org quoting your order number.
2. PRODUCT OFFERING
Planisy is a resource allocation and scheduling application based on our patented interactive workspace. it uniquely understands the dependencies between the multiple types of resources.
The following Products are available in our online store:
For Small teams digitizing their resource planning
- Multi resource planning
- Multi-role support
- Self-service set-up
- Interactive scheduling
- Interactive navigation
For Companies striving for higher operational efficiency
Includes Standard, plus:
- Extended number of seats
- Extended resource types
- Increased resource quantity
- Adaptable allocation rules
- Data import / export
- Reporting and analytics
For Organizations seeking enterprise-grade workspaces
Includes Premium, plus:
- Unlimited seats
- Custom IoT support
- Multi-view options
- IT system pre-integration
- PM tools’ input processing
- On premise distribution
The Products are purchased against payment. A free 30-day trial is available.
3. CONTRACT AND ORDER PROCESS
The presentation of the Products in the online store does not represent a legally binding offer which engages the legal responsibility of the Vendor, but only a non-binding online catalogue or an invitation to Buyers to order the Products in the online store. The Vendor expressly reserves the right to change at any time and without prior notice the Products offered online as well as the contents associated with them, such as illustrations, product range, prices and descriptions. Images, pictures, podcasts, brochures, advertisements, and other information related to the Products are for informational purposes only and are not binding on the Vendor.
3.1 Creation of account
To place an order with us, you must create an account on our Site. When creating the account, only personal information required to process the order will be collected and processed, in particular contact information and transactional information. Any personal information or material sent to the Site is subject to our Privacy Notice.
When you create an account, you will receive a password. Please keep this password protected and confidential, as you are entirely responsible for all orders placed with us or information given to us under your email address in combination with your password.
The Vendor reserves the right to refuse the order and/or close the Buyer’s account without notice if it infringes on these GTCS or if it is in the best interest of the Vendor.
3.2 Placement of orders
The Buyer can place a binding order for the Product via our online store. A firm order is considered to be an order that has been validly finalized by clicking on the “Buy now” button at the end of the order process. Before the final dispatch of an order, the Buyer can change the data he or she enters at any time, identify any errors, and correct them if necessary.
Please carefully review your order before clicking on “I have read and I accept the General Terms and Conditions of Sale” and finalizing the order by clicking on “Purchase”. You are responsible for verifying and confirming all details on the payment page before placing your order through the Site, including the specific details of your order and your personal information.
An order confirmation will be sent to the Buyer immediately and automatically by email. This confirmation email contains your order data and the GTCS that you have accepted during the ordering process. The confirmation email is only for information purposes, i.e. that we have received your order. This automatic order confirmation does not yet constitute a sales contract. By placing an order, you confirm that you have read our GTCS and agree to them without reservation. We recommend that you print out the GTCS and the order confirmation or save them on your computer.
After you have placed a binding order, the Vendor is free to accept it at its own discretion or to refuse it by informing you by email and declining any liability towards you or third parties. In case of any payment already made, it will be refunded to you when the order is cancelled. Reasons for rejection of an order can be, for example, that one of the Products ordered no longer is available, that we have not received any proof of payment from the Buyer, or if there is reason to believe that the Buyer is acting fraudulently or in a manner that is criminally reprehensible with respect to these GTCS, or for any other serious reason.
After acceptance of your order, the sales contract is binding.
Any commercial distribution or resale of our Products is strictly prohibited.
4. AVAILABILITY OF PRODUCTS
Our Products are always available if they are offered in the online store. If the Vendor finds out during the processing of your order that the ordered Products are no longer available for any reason, you will be informed immediately. In this case, no sales contract can be concluded for Products that cannot be delivered.
Any liability is expressly rejected for unavailable Products.
Our Products and prices correspond to those displayed on the Site. All prices displayed on the Products pages of the Site include Swiss VAT, unless otherwise stated.
We reserve the right to change prices at any time, without notice and without any other formality than to update them on our Site. The Products ordered are invoiced at the price in effect on the day of the order.
When you place your order, the final price will be displayed on the check-out page, before you can finalize the order by clicking on the [“Purchase”] button at the end of the order process. By placing a firm order, you declare that you accept the total price of the Products ordered.
Orders are in principle payable immediately.
The Buyer has the possibility to use the payment methods indicated on the Site during the order process. These may vary from time to time. In addition, we reserve the right not to offer certain payment methods in individual cases and we reserve the right to offer other methods (depending on the Buyer’s creditworthiness, in order to cover our credit risk). The Buyer expressly authorizes the Vendor to carry out credit checks and, if necessary, to pass on customer data to third parties for this purpose.
By choosing the payment method, the Buyer authorizes the payment either by entering his credit card data or by providing the access data to a payment service provider. The Buyer authorizes the Vendor to approve or receive payment by the chosen method. In case of cancellation of debits, the Vendor is entitled to reimbursement of the costs and bank charges incurred. Furthermore, the Vendor is not responsible for any fees or other amounts that your credit card issuer or bank may charge you as a result of processing the payment of your order.
If you pay with a credit card or other alternative payment method, we reserve the right to check the validity of your card, its limit and address data, and to ask the card issuer or payment service provider for authorization. In addition, you confirm that the credit card is valid and that the data are correct. In case of refusal of payment, the Vendor reserves the right to cancel the order. In this case, we will contact you immediately.
In case of payment by invoice, the Buyer will receive the invoice and a payment slip [upon delivery of the goods or by e-mail]. Payment must be made with the payment slip attached to the invoice within the period indicated on the invoice. If payment is not made on time, the Vendor shall be entitled to charge a minimum of CHF 50.- for each reminder and to charge the costs of collection as well as the statutory interest on arrears. If it appears necessary to take legal action, an additional amount of at least CHF 200.- will be charged.
7. ORDER DELIVERY AND RIGHTS OF USE
As soon as the Products have been paid for, the Buyer will receive login credentials for the number of users subscribed for.
The Buyer acquires the rights to use the Products according to the description in the online store. The granting of the rights of use is only possible if the Buyer has paid the contractual amount in full.
The Buyer shall be responsible for using an appropriate Web Browser. For best results we recommend Google Chrome or Firefox. Any liability of the Vendor for the preparation of suitable software by the Buyer is expressly excluded.
Our Products are protected by copyright. The Vendor grants the Buyer the simple, non-exclusive, non-transferable, and non-sublicensable right to use the Products exclusively for his or her own personal or professional use in accordance with copyright law and the possibilities of use listed and described on the Site.
Any other use beyond the granted rights is prohibited. For example, it is not permitted to make the Products available to a third party or to make them accessible or to pass them on, to publish them free of charge or not on the Internet or other networks, to imitate them, to resell them or to use them for commercial purposes.
The Vendor is entitled to interrupt the deny access to the Products, either temporarily or permanently. This is especially the case in the event of disputes regarding any legal violations.
10. SUBSCRIPTION, CONTRACT PERIOD, TERMINATION
The Buyer must conclude a subscription to be granted access to the Products. Subscriptions are concluded for a specific period and are not transferable. In normal cases, this period is 12 months. Each subscription entitles the Buyer, in the absence of any agreement to the contrary, to use of the Products for the number of users they have paid for, during the term of the contract in accordance with these GTCS. Prior to the expiration of the subscription, the Buyer will receive an invoice to extend the contract for the same period. A cancellation must be submitted to the Vendor in writing within 30 days from this time. The right of access is cancelled upon termination.
11. RIGHT OF REVOCATION
Except if you have benefited from the free 30-day trail, for all purchases of our Products via our online store, you as a consumer have a right of revocation for 14 days after the conclusion of the contract for the Products without having to give reasons. You can withdraw from the contract within 14 days after the conclusion of the contract by sending us
+41 52 267 88 50, email@example.com.
the unambiguous declaration in written form (e.g. by registered letter sent by post, or e-mail) of your decision to withdraw from the contract. In order to preserve the 14-day revocation period, it is sufficient for you to send us the notification of the exercise of the right of revocation before the revocation period expires.
Consequences of revocation
If you withdraw from the contract, we will refund all payments made by you within 14 days at the latest from the day on which we acknowledge receipt of the withdrawal from the contract. The refund will be made by the same method of payment as originally used and will always be paid into the account used for payment, unless expressly agreed otherwise; you will not be charged any fees for this refund. Please ensure that you have access to the bank account indicated, as the Vendor accepts no responsibility in this regard.
12. CONSUMER SERVICE
In the event of complaints and other technical questions, please contact us at the following address, stating your order number and Buyer number, a description of the defects, and any other information that may be of use to us:
+41 52 267 88 50, firstname.lastname@example.org.
We attach great importance to customer satisfaction. You can reach us at any time using the contact information mentioned above. We will do our best to answer your questions and investigate your complaints as quickly as possible. We will get in touch with you after receiving your documents or complaints. If you have any complaints or claims, please help us to identify the exact problem, if necessary by attaching a copy of your order or at least your order number and Buyer number, etc. We will endeavour to respond to you within 5 working days.
The Vendor shall be liable for the violation of its obligations under these GTCS and the contractual relationship arising from them for any proven damage caused by intent or gross negligence. Liability is expressly excluded for slight or moderate negligence or consequential damage. Direct damages include, for example, loss of profit, damage to property, damage to reputation, damage caused by computer viruses or loss of data due to a temporary impairment or interruption of the services of the Vendor. The Vendor shall not be held liable for damages caused by auxiliary persons engaged to provide the service, either contractually or extra-contractually.
Subject to the above, the liability of the Vendor under these GTCS is limited to the purchase price of the Products ordered by the Buyer from us – irrespective of the content and insofar as legally permissible.
In case of events beyond our control and influence (force majeure), we shall not be held liable for the non-performance or delay in performance of our obligations under these GTCS and the resulting contractual relationship. The following, for example, shall be deemed to be events outside our sphere of influence : strikes, blockades or other industrial operations caused by third parties, invasions, terrorist attacks, wars, fires, explosions, storms, floods, earthquakes, landslides, epidemics, pandemics, other natural disasters, breakdown of public or private communications networks, impossibility of using railways, waterways, airways, driving a vehicle or any other means of travel by private or public transport.
If any of these events should occur and affect the fulfilment of our contractual obligations, we will inform you as soon as possible.
14. SAFETY MEASURES
The Vendor undertakes to ensure the security of its own systems, programs, etc., which it owns and over which it has control, according to the current state of technology, and to comply with data protection laws and regulations.
Buyers are responsible for the security of systems, programs, and data within their sphere of influence. In their own interest, Buyers must keep passwords and user names confidential from third parties.
Furthermore, the Vendor is not liable for improper use or disregard of risks by the Buyer or a third party, excessive demands, unsuitable operating tools of the Buyer or third parties, external environmental influences, access by the customer, or failures caused by third parties (viruses, worms, etc.) which occur despite the current security measures taken.
Data protection : Your personal data will be collected exclusively in accordance with legal requirements and will be processed as defined in our Privacy Notice. As “data controller”, the Buyer is responsible for the personal information he or she enters into Planisy and their compliance with data protection laws and regulations.
Validity of the GTCS : Should any provision of these GTCS be declared null and void or partially invalid, the validity and scope of the remaining provisions shall remain unaffected. The invalid terms will be replaced by the applicable legal provisions.
Limited liability : Without prejudice to the scope of these GTCS, no claim whatsoever relating to the Products or any other claim may exceed the purchase price of the Products.
Applicable law : These GTCS are exclusively subject to Swiss law. The Vienna Convention (VCLT) is excluded. The sole place of jurisdiction shall be Zürich, Switzerland, subject to mandatory places of jurisdiction as provided by law.
Dizmo AG / December 2022