TERMS OF SERVICE
1. INTRODUCTION
1.1 About Us
The Platuni Platform is a comprehensive roommate matching system designed to enhance the overall roommate experience for international students, hosts, and local students. Platuni enables registered users ("Members") and certain third parties who offer services (Members and third parties who offer services are "Hosts" and the services they offer are "Host Services") to publish such Host Services on the Platuni Platform ("Listings") and to communicate and transact directly with Members that are seeking to book such Host Services (Members using Host Services are "Guests"). Host Services may include the offering of vacation or other properties for use ("Accommodations"), single or multi-day activities in various categories ("Experiences"), access to unique events and locations ("Events"), and a variety of other travel and non-travel related services.
By accessing or using our Services on www.platuni.com (the "Website"), the Platuni mobile application (the "App"), or any other platforms or services Platuni may offer (collectively, the "Service" or our "Services"), you agree to, and are bound by this Terms of Use Agreement (the "Terms" or "Agreement"), including our Privacy Policy, Cookie Policy, and Community Guidelines, so it is important that you read this Agreement and these policies and procedures carefully before you create an account. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
As used in this Agreement, the terms "Platuni," "us," "we," the "Company", and "our" shall refer to Platuni Inc. Together you and Platuni may be referred to as the "Parties" or separately as "Party."
1.2 Supplemental Terms and Policies
Your access and use of our Services is also subject to the Privacy Policy, Cookie Policy, and Community Guidelines, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from Platuni ("Additional Terms Upon Purchase"), which are incorporated into this Agreement by reference. In the event of a conflict or discrepancy between the Terms and other policies or guidelines that our Services are subject to, the provisions of the Terms will prevail. If you do not wish to be bound by this Agreement, do not access or use our Services.
1.3 Right to Amend these Terms
Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of material changes will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means. However, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.
Notwithstanding the foregoing, any material changes to the Limitation of Liability and the Dispute Resolution provisions below will require your affirmative acceptance. Further, we reserve the right to change the availability of features in our subscription plans.
2. HOSTING
2.1 Hosting on Platuni
As the provider of the Platuni Platform, Platuni does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services. Hosts alone are responsible for their Listings and Host Services. When Members make or accept a booking, they are entering into a contract directly with each other. Platuni is not and does not become a party to or other participant in any contractual relationship between Members, nor is Platuni a real estate broker or insurer. Platuni is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
As a Host, Platuni gives you the right to use its Platform in accordance with these Terms to share your Host Services. You are in control of how you host - set your price, availability and rules for each Listing.
When you enter a booking request or receive a booking confirmation through the Platuni Platform, you are entering into a contract directly with the Guest and are responsible for delivering the Host Service under the terms specified in your Listing. You also agree to pay applicable fees (such as Platuni Service Fee and applicable guest taxes) for each booking. Platuni will deduct amounts you owe from your payout unless a different method is agreed to. Any terms or conditions you include in any supplement contract with Guests must be consistent with these Terms, our Privacy Policy, the information provided in your Listing, and be prominently disclosed in your Listing description.
If you choose to use the Platuni Platform as a Host or Co-Host (as defined below), your relationship with Platuni is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Platuni for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Platuni. Platuni does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Host Services. You acknowledge and agree that you have complete discretion whether to list Host Services or otherwise engage in other business or employment activities.
2.2 Managing Listings
Your Listing on the Platuni Platform must include complete and accurate information about your Host Services and any rules or requirements that apply to them. You are responsible for your acts and omissions as well as for keeping your Listing information and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for your Host Services and we suggest you carefully review policy terms and conditions like coverage details and exclusions.
2.3 Translation of Listings/Member Content
To promote the Platuni Platform and to increase the exposure of Listings to potential Guests, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Platuni cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Platuni Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
2.4 Legal Obligations, Fair Housing and Anti-Discriminatory Laws
As a Host, you are responsible for complying with any laws, rules, regulations and contracts with third parties that apply to your Listing or Host Services, including but not limited to subletting restrictions, rent-control laws, eviction laws, fair housing laws, anti-discrimination laws, and Platuni Anti-Discrimination Policy. You agree to abide by Platuni's Anti-Discrimination Policy in all your interactions with guests and potential guests. We strongly recommend that you check your local rules or head agreements or rental contracts to learn what rules to the Host Services you plan to offer. Platuni does not endorse or guarantee the accuracy or legality of the Host's Listing or actions. Platuni shall not be vicariously liable for any negligence or other wrongful acts or omissions of the Host in this regard.
Platuni expressly disclaims any and all liability for any discriminatory acts or omissions by Hosts, including but not limited to discrimination based on race, color, religion, national origin, sex, disability, familial status, or any protected class under applicable law. Platuni reserves the right to investigate and take appropriate action, including suspension or termination of accounts, in response to reports of discriminatory conduct by Hosts. Guests are encouraged to report any suspected violations of fair housing laws to Platuni through the designated reporting channels highlighted in these Terms.
The legal requirements we have highlighted in these Terms are for informational purposes only and you should independently confirm your obligations. If you have questions about how local laws apply to your Host Services, please seek legal advice.
You are also responsible for handling and and using personal data of Guests and others in compliance with applicable privacy laws and our Privacy Policy.
3. ELIGIBILITY
3.1 Eligibility
Before you create an account on Platuni, make sure you are eligible to use our Services.
You are not authorised to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
- You are an individual (i.e., not any body corporate, partnership or other business entity) at least 18 years old;
- You are legally qualified to enter a binding contract with Platuni;
- You are not prohibited by law from using our Services;
- You have not committed, been convicted of, or pled no contest to a felony or indictable offence (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence. Where you have been convicted of any such crime, you must have disclosed this fact to us and unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services;
- You have not been convicted as a sex offender with any state, federal or local sex offender registry;
- You do not have more than one account on our Services; and
- You have not previously been removed from our Services or our affiliates' services by us or our affiliates unless you have our express written permission to create a new account.
If you cease to meet these requirements at any time, all authorisation to access our Services or systems is automatically revoked. You must immediately delete your account, and we retain the right to remove your access to our Services without warning.
5. GUEST TERMS
While we may help facilitate the resolution of disputes, Platuni has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Host Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Platuni does not endorse any Member, Listing or Host Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Platuni about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Accommodation, participate in an Experience or Event or use other Host Services, accept a booking request from a Guest, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Platuni of any Host or Listing.
6. THIRD-PARTY SERVICES
6.1 Third-Party Links
The Platuni Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Platuni is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Platuni of such Third-Party Services. Before interacting with any third-party service, We strongly recommend that you review their privacy policy and terms of use carefully to understand their service offerings and how they collect, use and share your personal information.
Platuni may facilitate access to third-party services, such as cleaning, maintenance or other related offerings, through its platform. These services are provided independently by third-party providers who are not affiliated with Platuni. While Platuni may facilitate the booking and payment process for these services, we do not endorse, control, or assume any responsibility for the actions, omissions, or quality of services provided by these third parties. Your interactions with these third-party providers, including any agreements or transactions, are solely between you and the respective provider. Platuni shall not be a party to any disputes arising from such interactions.
Platuni may handle payment processing for third-party services as a convenience to users. By utilizing Platuni's payment processing services for these transactions, you authorize Platuni to collect and remit payments to the relevant third-party provider on your behalf. You acknowledge and agree that your payment obligations to the third-party provider are satisfied upon Platuni's successful processing of your payment. You are responsible for ensuring sufficient funds are available for payment and agree to abide by any additional terms and conditions imposed by the payment processor used by Platuni. Platuni is not responsible for any issues arising from the third-party provider's billing practices or service fees.
To the fullest extent permitted by applicable law, Platuni disclaims all liability for any loss, damage, injury, or other harm arising from your use of third-party services accessed through the Platuni platform. This includes, but is not limited to, any claims related to the quality, safety, legality, or performance of the services provided. Platuni makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the information, products, services, and related graphics contained on the platform for any purpose. Your use of such third-party services is at your own risk.
You are responsible for reviewing and understanding the terms and conditions, privacy policies, and any other agreements provided by the third-party service providers before engaging their services. You acknowledge that Platuni is not responsible for any information provided by third-party providers, including but not limited to service descriptions, pricing, or availability. Any concerns or disputes regarding third-party services should be directed to the respective provider.
You agree to indemnify and hold Platuni, its affiliates, officers, directors, employees, and agents harmless from any claims, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising from or related to your use of third-party services accessed through the Platuni platform, including any breach of these Terms of Use or any agreements with third-party providers. This indemnification obligation will survive the termination of your use of the Platuni platform.
6.2 Continuity of Service
Due to the nature of the Internet, Platuni cannot guarantee the continuous and uninterrupted availability and accessibility of the Platuni Platform. Platuni may restrict the availability of the Platuni Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platuni Platform. Platuni may improve, enhance and modify the Platuni Platform and introduce new Platuni Services from time to time.
7. TAX OBLIGATIONS
Platuni operates in compliance with all applicable tax laws and regulations. For service transactions facilitated through the Platuni platform, including those involving third-party service providers, the applicable taxes, such as Value Added Tax (VAT), Goods and Services Tax (GST), or other relevant service taxes, will be handled in accordance with local tax legislation. Where Platuni is responsible for collecting and remitting taxes, these amounts will be clearly indicated during the transaction process. Users acknowledge their responsibility for understanding and complying with any tax obligations that may apply to them as a result of using the Platuni platform, including but not limited to reporting and payment of taxes related to income earned through the platform. Platuni reserves the right to modify its tax handling procedures as required by changes in applicable tax laws and regulations.
7.1 Host Taxes
As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income or other taxes ("Taxes").
7.2 Authorization to Collect Taxes
In jurisdictions where Platuni facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Platuni to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Platuni are identified to Members on their transaction records, as applicable. Platuni may seek additional amounts from Members (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that Members' tax obligations, and you agree that your sole remedy for Taxes collected by Platuni is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
7.3 Reporting Tax Information
In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Platuni may issue on your behalf invoices or similar documentation for VAT, GST, consumption or other Taxes for your Host Services to facilitate accurate tax reporting.
8. CONTENT
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services, even if suggested by our Services ("Your Content"); (ii) content that other users upload or provide while using our Services ("Member Content"); and (iii) content that Platuni provides on and through our Services ("Our Content"). In this agreement, "content" includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users' profiles and in direct messages between users.
In the preparation of our Services and Our Content therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, we disclaim any responsibility for any errors and accuracy of the information that may be contained in our Services, Your Content and Member Content. Any feedback from you is most welcome to make our Services and content thereof error-free and user-friendly.
We also reserve the right and discretion to make any changes/corrections or withdraw/add content at any time without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered through Our Services for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your Content
You are responsible for Your Content. Do not share anything that you would not want others to see that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.
The content included on your individual profile should be relevant to the intended use of our Services. You may not upload any Prohibited Content, and your content must further comply with the Community Guidelines. You may not display any personal contact, banking information, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, peer-to-peer payment username, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We strongly encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licences to do so and automatically grant us a licence to use Your Content as highlighted below.
We may provide tools and features to enhance individual expression through Your Content and Member Content, and we are constantly developing new technologies to improve our Services. Certain tools or features may allow you to generate or enhance content based on Your Content. This is still Your Content, and you are responsible for it and its accuracy, as well as your use of it on our Services and any and all decisions made, actions taken, and failures to take action based on Your Content. Be careful in choosing and sharing Your Content.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.
8.1 Member Content
While you will have access to Member Content, it is not yours, and you may not copy or use Member Content for any purpose except as contemplated by these Terms.
Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You should always carefully review and independently verify Member Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide. Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Member Content. We disclaim any responsibility for any errors and accuracy of the information that may be contained in Member Content.
You do not have any rights in relation to Member Content, and unless expressly authorised by Platuni, you may only use Member Content to the extent that your use is consistent with our Services' purpose of allowing us to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content.
8.2 Our Content
Platuni owns or licences all other content on our Services.
Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licenced by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interests in and to Our Content remain with us at all times.
We grant you a non-assignable, non-exclusive, revocable, and limited licence to access and use Our Content as provided below, and we reserve all other rights.
8.3 Inappropriate Content and Misconduct; Reporting
Platuni does not tolerate inappropriate content or behaviour on our Services.
We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the "Report User" link on a user's profile or in the messaging experience. You may also contact Customer Support.
As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates' services (for more details, please see our Safety page), and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.
Member Content is subject to the terms and conditions of the Copyright Modernization Act 2012. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see the section on (Copyright Modernization Act) below.
9. PRIVACY
Privacy is important to us. We have a separate policy about it that you should read.
For information about how Platuni and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.
10. RIGHTS YOU ARE GRANTED BY PLATUNI
Platuni grants you the right to use and enjoy our Services, subject to these Terms.
For as long as you comply with these Terms, Platuni grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use our Services for purposes as intended by Platuni and permitted by these Terms and applicable laws. This licence and any authorisation to access the Service are automatically revoked in the event that you fail to comply with these Terms.
11. RIGHTS YOU GRANT PLATUNI
You own all of the content you provide to Platuni, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant to Platuni a worldwide, perpetual, transferable, sub-licensable, royalty-free right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorise us to access from Facebook or other third- party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Platuni's licence to Your Content shall be non-exclusive, except that Platuni's licence shall be exclusive with respect to derivative works created through the use of our Services. For example, Platuni would have an exclusive licence to screenshots of our Services that include Your Content.
In addition, so that Platuni can prevent the use of Your Content outside of our Services, you authorise Platuni to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to Sections 41.25 and 41.26 of the Copyright Modernization Act 2012 on your behalf if Your Content is taken and used by third parties outside of our Services. Platuni is not obligated to take any action with regard to use of Your Content by other users or third parties. Platuni's licence to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for Platuni allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Platuni regarding our Services, you agree that Platuni may use and share such feedback for any purpose without compensating you.
You agree that Platuni may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of the Company or any other person, or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
12. PURCHASES AND AUTOMATICALLY RENEWING SUBSCRIPTIONS
You will have the opportunity to purchase products and services from Platuni. If you purchase a subscription, it will automatically renew - and you will be charged - until you cancel.
Platuni may offer products and services for purchase through iTunes, Google Play, or other external services authorised by Platuni (each, an "External Service," and any purchases made thereon, an "External Service Purchase"). Platuni may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App ("Internal Purchases"). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.
Because our Services may be utilised without a subscription, cancelling your subscription does not remove your profile from our Services. If you wish to fully terminate your account, you must terminate your account as set forth in the Termination of Account clause.
Platuni operates a global business, and our pricing varies based on a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size, past purchases, account activity and more. We also regularly test new features and payment options. If you do not cancel your subscription in a timely manner, your subscription will be renewed at the full price as indicated when the purchase was made, without any additional action by you, and you authorise us to charge your payment method for these amounts. To the extent permissible by law, we reserve the right, including without prior notice, to limit the available quantity of or discontinue making available any product, feature, service or other offerings; to impose conditions on the honouring of any coupon, discount, offer or other promotion; to bar any user from making any transaction; and to refuse to provide any user with any product, service or other offerings.
13. EXTERNAL SERVICE PURCHASES AND SUBSCRIPTIONS
13.1 Processing External Subscriptions
External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.
When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account ("your External Service Account"), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some external services may charge you sales tax, depending on where you live, and this may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing. If you received a discounted promotional offer, your price may go up per the terms of that offer following the initial subscription period for any subsequent renewal period.
13.2 Cancelling External Subscriptions
If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Platuni. To cancel a purchase made with your Apple ID, go to Settings within the app, and follow the instructions to cancel. You can also request assistance at Apple Support.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and navigate to Settings. You can also request assistance at Google Play. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, Platuni may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Platuni subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care. Platuni will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund. See Section 15 below for more information.
14. INTERNAL PURCHASES AND SUBSCRIPTIONS
Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel.
If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you've selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorise Platuni to charge the payment method you provide (your "Payment Method"). Platuni may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Platuni may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Platuni subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care.
If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.
To cancel a subscription, log in to the Website or App and go to the Account section. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
You may edit your Payment Method information by using the Settings tool and following the link to let your upgrade expire. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain users may be entitled to request a refund. See Section 15 below for more information.
15. REFUNDS
Generally, all purchases are nonrefundable. Special terms for refunds apply in the EU, EEA, UK, Switzerland, Korea, and Israel. Special terms for refunds also apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU, EEA, UK, and Switzerland, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
For subscribers residing in Germany, you may terminate your subscription after it has renewed with a notice period of one month. Your right to terminate for cause remains unaffected.
For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin and Israel:
15.1 Right to Cancel
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the Company notice in the same manner as you request a refund as described below.
If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not Platuni. To request a refund, please contact your External Service directly; for example using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select "Report a Problem." You can also request a refund at Apple Support. For any other purchase, please contact Platuni Customer Service with your order number (see your confirmation email) by mailing or delivering a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or telephone number associated with your account along with your order number. This notice shall be sent to legal@platuni.com.
16. ACCOUNT TERMINATION
If you no longer wish to use our Services, or if we terminate your account for any reason, here's what you need to know.
You can delete your account at any time by logging into the Website or App, going to "Settings", clicking "Delete Account", and following the instructions to complete the deletion process. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing.
Platuni reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if Platuni believes that you have violated these Terms, misused our Services, or behaved in a way that Platuni regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
If your account is terminated by you or by Platuni for any reason, these Terms continue and remain enforceable between you and Platuni, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
17. CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
Platuni conducts identity verification checks on its users. Though Platuni strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. Use your best judgment when interacting with others and review our Safety Tips.
PLATUNI MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. PLATUNI RESERVES THE RIGHT TO CONDUCT - AND YOU AUTHORISE PLATUNI TO CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORISE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY PLATUNI, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.
Though Platuni strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
18. DISCLAIMER
PLATUNI'S SERVICES ARE PROVIDED "AS IS" AND WE DO NOT MAKE, AND CANNOT MAKE, ANY REPRESENTATIONS ABOUT THE CONTENT OR FEATURES OF OUR SERVICES OR MEMBER CONTENT.
PLATUNI PROVIDES OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PLATUNI DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, PLATUNI MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS' ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.
PLATUNI ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD-PARTY POSTS, SENDS, RECEIVES, OR ACTS ON THROUGH OUR SERVICES, NOR DOES PLATUNI ASSUME ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH PLATUNI. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. PLATUNI IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.
19. COPYRIGHT INFRINGEMENT
We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.
If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement to our designated Copyright Complaints email box at the following address or if you are logged into the Platuni App, visit the Help Centre to file the complaints through a form:
Copyright Complaints Email Address: legal@platuni.com
Your notification must include the following information:
- A physical or electronic signature (typing your full name will suffice, address (including country, telephone number, and for verification purposes, your Platuni username and associated email);
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- The copyright owner's name and address and any other particulars that can enable communication with the owner of the allegedly infringed exclusive right, or where the notification is brought on behalf of the copyright owner, a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Upon receipt of a proper notification of claimed copyright infringement, Platuni will take appropriate action, which may include removing or disabling access to the allegedly infringing material. Platuni will terminate the accounts of repeat infringers.
Note that Platuni has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
20. ADS AND THIRD-PARTY CONTENT
You may see ads and third-party promotions on our Services. Platuni does not endorse and isn't responsible for your interactions with those products or services.
Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. In addition, our Services may allow you to watch an advertisement in exchange for Virtual Items; Platuni does not guarantee that you will always be eligible to watch such advertisements, or that any such advertisements will be available. Platuni may also provide non-commercial links or references to third parties within its content. Platuni is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, Platuni is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party's terms will govern their relationship with you. Platuni is not responsible or liable for such third parties' terms or actions.
21. LIMITATION OF LIABILITY
Platuni's liability is limited to the maximum extent allowed by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLATUNI, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES' SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF PLATUNI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLATUNI'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) $100 USD OR (B) THE AMOUNT PAID, IF ANY, BY YOU TO PLATUNI FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST PLATUNI, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL.
THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
22. DISPUTE RESOLUTION
22.1 General Provisions
If you are dissatisfied with our Services for any reason, please contact Platuni Customer Service first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Platuni, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures, "Platuni" shall include our affiliates, employees, licensors, and service providers.
Platuni values its relationship with you and appreciates the mutual benefit realized from informally resolving Disputes. "Dispute" is any dispute, claim, or controversy between you and Platuni that arises from or related in any way to this Agreement (including any alleged breach of this Agreement), the Service, or our relationship with you. "Dispute" as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement.
22.2 Roommate Disputes
Platuni is a platform to connect individuals seeking shared living arrangements. While we strive to facilitate positive roommate connections, Platuni is not responsible for resolving disputes that may arise between roommates. We encourage users to communicate openly and respectfully with their roommates and to attempt to resolve any conflicts amicably. In the event that a dispute cannot be resolved between the roommates themselves, we recommend seeking mediation or other appropriate legal remedies outside of the Platuni platform. Platuni shall not be obligated to participate in or mediate any disputes between users.
PLATUNI EXPLICITLY DISCLAIMS ANY LIABILITY FOR ANY HARM, LOSS, OR DAMAGE, INCLUDING BUT NOT LIMITED TO EMOTIONAL DISTRESS, PROPERTY DAMAGE, FINANCIAL LOSS, OR PERSONAL INJURY, ARISING FROM THE ACTIONS OR OMISSIONS OF ROOMMATES CONNECTED THROUGH THE PLATUNI PLATFORM. THIS INCLUDES, BUT IS NOT LIMITED TO, CLAIMS OF HARASSMENT, DISCRIMINATION, THEFT, OR ANY OTHER UNLAWFUL CONDUCT. USERS ACKNOWLEDGE AND AGREE THAT THEY ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH OTHER USERS AND ASSUME ALL RISKS ASSOCIATED WITH SHARED LIVING ARRANGEMENTS. PLATUNI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE CHARACTER, SUITABILITY, OR BEHAVIOR OF ANY USER. USERS ARE STRONGLY ENCOURAGED TO EXERCISE CAUTION AND DUE DILIGENCE WHEN INTERACTING WITH OTHER USERS AND ENTERING INTO SHARED LIVING ARRANGEMENTS.
YOU AGREE TO INDEMNIFY AND HOLD PLATUNI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIMS, LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO ANY DISPUTES OR CONFLICTS WITH OTHER USERS ENCOUNTERED THROUGH THE PLATUNI PLATFORM, INCLUDING BUT NOT LIMITED TO DISPUTES WITH ROOMMATES. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF YOUR USE OF THE PLATUNI PLATFORM.
22.3 Dispute Resolution through Arbitration and Small Claims Court
Any Dispute (that is not resolved informally by Platuni Customer Service) shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. Notwithstanding the foregoing, either you or Platuni may elect to have an individual claim heard in small claims court, and individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services may be brought in accordance with Section 17. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed by the arbitration provider.
23. BINDING INDIVIDUAL ARBITRATION - UNITED STATES
PLEASE READ THE FOLLOWING CAREFULLY AS THEY PROVIDE THAT YOU AND PLATUNI AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
23.1 Application
This Arbitration clause applies to you only if our country of residence is the United States. If your country of residence is not the United States, and you nevertheless attempt to bring any legal claim against Platuni in the United States, this clause will apply in determining whether this clause applies to you, and all other determinations including residency, arbitrability, venue and applicable law.
Any Subsection in this Dispute Resolution Section that is prohibited by law shall not apply to the users residing in that jurisdiction, including Subsections 15b, 15c, 15d, and 15e, which shall not apply to users residing within the EU, EEA, UK, or Switzerland. The online dispute settlement platform of the European Commission is available at Online Dispute Resolution | European Commission. Platuni does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU, EEA, UK, or Switzerland.
23.2 Mandatory Pre-Arbitration Dispute Resolution Notification
If you have a Dispute with Platuni ("Your Dispute"), before formally pursuing Your Dispute in arbitration or small claims court, you agree to first send a detailed ("Notice") in writing to: legal@platuni.com
However, if Your Dispute includes individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services, then you are not required to send a Notice before pursuing your claims. If Platuni has a Dispute with you ("Platuni's Dispute"), Platuni agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account.
Your Notice must contain all of the following information: (1) your full name; (2) information that enables Platuni to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. Platuni's Dispute Notice must likewise set forth a detailed description of Platuni's Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any).
You and Platuni agree to negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, Platuni may request a telephone conference with you to discuss Your Dispute, and you agree to personally participate, with your attorney if you're represented by counsel. Likewise, you may request a telephone conference to discuss Platuni's Dispute with you, and Platuni agrees to have one representative participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or Platuni may initiate an arbitration (subject to a Party's right to elect small claims court as provided below).
Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action (except for individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services). Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Platuni engage in this informal dispute resolution process.
Unless prohibited by applicable law, the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action accordingly.
All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding (except to the extent required to certify in writing that the Party met the requirements of this informal dispute resolution process before commencing a NAM arbitration), provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable.
23.3 Individual Arbitration and Mass Arbitration Protocols
This subsection applies to Disputes that are submitted to NAM after fully completing the informal dispute resolution process described above and when no small claims court election is made by you or Platuni. Any arbitration between you and Platuni shall be administered by NAM in accordance with NAM's operative Comprehensive Dispute Resolution Rules and Procedures (the "NAM Rules") in effect at the time any demand for arbitration is filed with NAM, as modified by this Dispute Resolution Section. For a copy of the NAM Rules, please visit Rules, Fees & Forms - National Arbitration and Mediation or contact NAM at NAM's National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530 or at email address at commercial@namadr.com.
If NAM is unable or unwilling to perform its duties under this Agreement, the Parties shall mutually agree on an alternative administrator that will replace NAM and assume NAM's role consistent with this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider's rules. If the Parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration provider who will assume NAM's duties under this Agreement and this Agreement will govern to the extent it conflicts with the arbitration provider's rules.
The Parties agree that the following procedures will apply to any Arbitrations initiated under this Dispute Resolution Section (subject to either Party's small claims court election as described above).
23.4 Commencing an Arbitration
To initiate an arbitration, you or Platuni shall send to NAM a demand for arbitration ("Demand for Arbitration") that describes the claim(s) and request for relief in detail, consistent with the requirements in this Agreement and NAM Rules. If you send a Demand for Arbitration, you shall also send it to Platuni at CT Corporation, 1209 Orange Street, City of Wilmington, County of New Castle, Delaware 19801, USA, within 7 days of delivery of the Demand for Arbitration to NAM. If Platuni sends a Demand for Arbitration, we will also send it to your mailing address on file with us within the same 7-day period. If your mailing address is unavailable, we will send it to your email address on file, or if no email address is on file, other contact information associated with your account. The arbitration provider shall not accept or administer any demand for arbitration and shall administratively close any such demand for arbitration that fails to certify in writing that the Party meets the requirements of Dispute Resolution Section or if either Party elects small claims court as set forth above.
23.5 Fees
The payment of NAM fees shall be governed by the NAM Rules, except to the extent that the case is a part of a Mass Filing (as defined below) or the NAM fees and costs (including Arbitrator fees) paid by either Party are reallocated upon order of the Arbitrator following a determination that (a) either Party breached Section 15 of this Agreement, (b) such reallocation is called for under this Agreement, or (c) reallocation is otherwise permitted under applicable law. Upon a showing to Platuni of your financial hardship we will consider a good faith request made by you to pay your portion of the applicable consumer portion of the filing fee. Platuni is committed to ensuring that arbitration costs to consumers do not serve as a barrier to the adjudication of disputes. If Platuni initiates an arbitration against you, we shall pay all NAM fees.
23.6 The Arbitrator
The arbitration shall be conducted by a single, neutral arbitrator (the "Claim Arbitrator"), as assisted by any Process Arbitrator appointed under NAM Rules. (The term "Arbitrator" applies to both the Claim Arbitrator and the Process Arbitrator). If a hearing is elected by either Party, the Arbitrator shall be in or close to the location in which you reside. The Arbitrator is bound by and shall adhere to this Agreement. In the event NAM Rules conflict with this Agreement, the terms of this Agreement shall control. If the Arbitrator determines that strict application of any term of Section 15 of this Agreement (except for the small claims election, which shall be determined by the small claims court) would result in a fundamentally unfair arbitration (the "Unfair Term"), then the Arbitrator shall have authority to modify the Unfair Term to the extent necessary to ensure a fundamentally fair arbitration that is consistent with the Terms of Use (the "Modified Term"). In determining the substance of a Modified Term, the Arbitrator shall select a term that comes closest to expressing the intention of the Unfair Term.
23.7 Dispositive Motions
The Parties agree that the Claim Arbitrator shall have the authority to consider dispositive motions without an oral evidentiary hearing. Dispositive motions may be requested under the following circumstances: (a) within 30 days after the Claim Arbitrator's appointment, a Party may request to file a dispositive motion based upon the pleadings; and (b) no later than 30 days prior to the evidentiary hearing, a Party may request to file a dispositive motion for summary judgment based upon the Parties' pleadings and the evidence submitted.
23.8 Discovery
Each Party may (a) serve up to five requests for relevant, non-privileged documents from the other Party; and (b) request that the other Party provide verified responses to no more than 5 relevant interrogatories (including subparts). Unless both Parties agree otherwise, no other forms of discovery (including depositions) may be utilized. Any such discovery requests must be served on the other Party within 21 days after the Claim Arbitrator's appointment. The responding Party shall provide the requesting Party with all responsive, non-privileged documents, responses signed by the Party themselves to the requested interrogatories, and/or any objections to the requests within 30 days after receipt of the requests, or, in the event of an objection to any discovery request, 30 days after the Claim Arbitrator resolves the dispute. In the event either Party requests that the Claim Arbitrator consider a dispositive motion on the pleadings, such written discovery response deadlines shall be extended until 30 days following the Claim Arbitrator's final decision on such dispositive motion. If after meeting and conferring the Parties cannot agree on a dispute about discovery or a request for extension, that matter shall be submitted promptly to the Claim Arbitrator for resolution. In ruling on any discovery matter, the Claim Arbitrator shall take into consideration the nature, amount, and scope of the underlying arbitration claim, the cost and other effort that would be involved in providing the requested discovery, the case schedule, and the extent to which the requested discovery is truly necessary for the adequate preparation of a claim or defense, and NAM's goal of efficient and economical resolutions. The burden of establishing good cause for any additional discovery is on the moving Party.
23.9 Discovery
Upon either Party's request, the Arbitrator will issue an order requiring that confidential information of either Party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal.
23.10 Arbitration Hearing
You and Platuni are entitled to a fair evidentiary hearing (i.e. trial) before the Claim Arbitrator. Arbitration proceedings are usually simpler, less costly, and more streamlined than trials and other judicial proceedings. The Parties agree to waive all oral hearings and instead submit all disputes to the Claim Arbitrator for an award based on written submissions and other evidence as the Parties may agree, unless a Party requests an oral hearing at least within 10 days after the Respondent files a response. If an oral evidentiary hearing is requested, both Parties must be personally present at the hearing, regardless of whether either Party has retained counsel. Both Parties must personally attend the hearing. Either Party's failure to personally attend the hearing, without a continuance ordered by the Claim Arbitrator for good cause, will result in a default judgment taken against that Party.
23.11 Arbitration Award
Regardless of the format of the arbitration, the Claim Arbitrator shall provide a reasoned decision, in writing within 30 days after the hearing or, if no hearing is held, within 30 days after any rebuttal or supplemental statements are due. The decision must clearly specify the relief, if any, awarded and contain a brief statement of the reasons for the award. The arbitration award is binding only between you and Platuni and will not have any preclusive effect in another arbitration or proceeding that involves a different Party. The Claim Arbitrator may, however, choose to consider rulings from other arbitrations involving a different Party. The Arbitrator may award fees and costs as provided by the NAM Rules or to the extent such fees and costs could be awarded in court. This includes but is not limited to the ability of the Arbitrator to award fees and costs if the Arbitrator determines that a claim or defense is frivolous or was brought for an improper purpose, for the purpose of harassment, or in bad faith.
23.12. Offer of Settlement
The Respondent may, but is not obligated to, make a written settlement offer to the opposing Party any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. The amount or terms of any settlement offer may not be disclosed to the Claim Arbitrator until after the Claim Arbitrator issues an award on the claim. If the award is issued in the opposing Party's favor and is less than the Respondent's settlement offer or if the award is in the Respondent's favor, the opposing Party must pay the Respondent's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the flipping of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs that claimant may be entitled to for the cause of action under which it is suing.
23.13. Individual Relief: Class Action and Jury Waiver
TO THE FULLEST EXTENT ALLOWABLE BY LAW, YOU AND PLATUNI EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO LITIGATE DISPUTES IN COURT IN FAVOR OF INDIVIDUAL ARBITRATION (EXCEPT FOR SMALL CLAIMS COURT OR FOR INDIVIDUAL CLAIMS OF SEXUAL ASSAULT OR SEXUAL HARASSMENT OCCURING IN CONNECTION WITH YOUR USE OF THE SERVICES, AS PROVIDED HEREIN). YOU AND PLATUNI EACH WAIVE THE RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER OR OTHERWISE TO SEEK RELIEF ON A CLASS BASIS, INCLUDING ANY CURRENTLY PENDING ACTIONS AGAINST PLATUNI. TO THE FULLEST EXTENT ALLOWABLE BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, CONSOLIDATED, OR PRIVATE ATTORNEY GENERAL BASIS. THE ARBITRATOR CAN AWARD THE SAME RELIEF AVAILABLE IN COURT PROVIDED THAT THE ARBITRATOR MAY ONLY AWARD FINAL RELIEF (INCLUDING INJUNCTIVE OR DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE FINAL RELIEF WARRANTED BY THAT INDIVIDUAL PARTY'S CLAIM. THE ARBITRATOR MAY NOT AWARD FINAL RELIEF FOR, AGAINST, OR ON BEHALF OF ANYONE WHO IS NOT A PARTY TO THE ARBITRATION ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. IF A COURT DETERMINES THAT ANY OF THESE PROHIBITIONS IN THIS PARAGRAPH ARE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE AFFIRMED AND SUCH DECISION BECOMES FINAL, THEN YOU AND PLATUNI AGREE THAT THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN COURT BUT SHALL BE STAYED PENDING INDIVIDUAL ARBITRATION OF THE REMAINING CLAIMS FOR RELIEF THAT YOU HAVE BROUGHT. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER AND THE INFORMAL DISPUTE RESOLUTION PROCESS) SHALL BE NULL AND VOID. THIS PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT.
23.14. Mass Filing
If, at any time, 25 or more similar demands for arbitration are asserted against Platuni or related parties by the same or coordinated counsel or entities (“Mass Filing”), consistent with the definition and criteria of Mass Filings set forth in the NAM's Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM's Mass Filing Rules”, available at https://www.namadr.com/resources/rules-fees-forms/), the additional protocols set forth below shall apply.
If you or your counsel file a Demand for Arbitration that fits within the definition of Mass Filing referred to above, then you agree that your Demand for Arbitration shall be subject to the additional protocols set forth in this Mass Filing subsection. You also acknowledge that the adjudication of your Dispute might be delayed and that any applicable statute of limitations shall be tolled from the time at which the first cases are chosen to proceed until your case is chosen for a bellwether proceeding.
NAM's Mass Filing Rules shall apply if your Dispute is deemed by NAM, in its sole discretion pursuant to its Rules and this Dispute Resolution Section, to be part of a Mass Filing. Such election for NAM's Mass Filing Rules and related fee schedule must be made by either you or Platuni in writing and submitted to NAM and all Parties.
Bellwether Proceedings. Bellwether proceedings are encouraged by courts and arbitration administrators when there are multiple disputes involving similar claims against the same or related parties. For the first set of bellwether proceedings, counsel for the Mass Filings claimants (including you) and counsel for Platuni shall each select 15 Demands for Arbitration (30 total) to proceed, and no more than those 30 arbitrations shall be filed, processed, adjudicated, or pending at such time, with each of the 30 individual arbitrations presided over by a different Claim Arbitrator. During this time, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, adjudicated, or pending.
If the Parties are unable to resolve the remaining Demands for Arbitration after the first set of bellwether proceedings are arbitrated or otherwise resolved, then the Parties will continue to engage in the bellwether proceedings for an additional four (4) rounds, increasing the amount of Demands for Arbitration selected by counsel for each Party by five (5) with each round, so that during the second round, counsel for the Claimants and counsel for Platuni shall each select an additional 20 Demands for Arbitration (40 total), in the third round, 25 each (50 total), in the fourth round, 30 each (60 total), and in the fifth round 35 each (70 total). Within each round, each of the individual arbitrations is to be presided over by a different Claim Arbitrator, and during these additional rounds of the bellwether proceedings, no other Demands for Arbitration that are part of the Mass Filings may be filed, processed, or adjudicated once selected by the Procedural Arbitrator. Following the first round of bellwether proceedings, but before the second round of bellwether proceedings, counsel for the Parties shall participate in a global mediation, before a retired federal or state-court judge (unless the Parties agree otherwise), with Platuni to pay the mediator's fees. Following the second, third, fourth, and fifth rounds of bellwether proceedings, counsel for both parties should discuss additional mediation and seek out opportunities to resolve the remaining Demands for Arbitration, but will only proceed with mediation upon consent of counsel for all Parties.
If the Parties are unable to resolve the remaining Demands for Arbitration after the fifth set of bellwether proceedings are arbitrated or otherwise resolved, and the Parties decide to not continue with additional rounds of bellwether proceedings, then counsel for the Claimants and counsel for Platuni shall discuss with NAM a fair process for individually adjudicating the remaining Demands for Arbitration. Under this process, the Procedural Arbitrator will make the final decision on the number of Demands for Arbitration that can proceed individually at any time, as well as a method for selecting which Demands for Arbitration will proceed, taking into account the number of individual arbitrations that counsel for Claimants and counsel for Platuni are able to reasonably manage at the same time, as well as the number of individual arbitrations that NAM is able to administer. A Demand for Arbitration that was not included in the bellwethering process will only be deemed filed, processed, or adjudicated once selected by the Procedural Arbitrator. At any time after the first set of Demands for Arbitration are resolved (30 Demands for Arbitration total), the Parties may agree to forgo the bellwether proceedings for any additional Demands for Arbitration deemed to be part of the Mass Filings. Fees associated with a Demand for Arbitration included in the Mass Filings, including fees owed by Platuni and the Claimants (including you), shall only be due after the Demand for Arbitration is chosen to proceed as part of a set of bellwether proceedings, or after being selected by the Procedural Arbitrator to proceed upon completion of the bellwether proceedings, and therefore properly designated for filing, processing, and adjudication. The Parties are encouraged to meet and confer throughout this process regarding ways to streamline the proceedings, including discussion of potential ways to increase the number of Demands for Arbitration to be adjudicated in sets of staged bellwether proceedings. Either Party may negotiate with NAM as to reducing and deferring fees and streamlining procedures. If you are a Mass Filing claimant, any applicable statute of limitations (or other applicable limitations period) shall be tolled beginning when you initiate the informal dispute resolution process set forth in subsection 15a of the Agreement, and if the first Mass Filings' Demands for Arbitration that are chosen for the initial set of bellwether proceedings have been filed, your claims will remain tolled until your Demand for Arbitration is either selected by counsel for the Parties in the bellwether proceedings or selected by the Procedural Arbitrator following completion of the bellwether proceedings. A court of competent jurisdiction located in a venue allowed under Section 17 of the Agreement shall have the power to enforce this subsection.
You and Platuni agree that we each value the integrity and efficiency of the arbitration and small claims court process and wish to employ the process for the fair resolution of genuine and sincere disputes between us. You and Platuni acknowledge and agree to act in good faith to ensure the fair resolution of genuine and sincere Disputes. The Parties further agree that application of these Mass Filings procedures have been reasonably designed to result in an efficient and fair adjudication of such cases.
23.15. Future Changes and Retroactive Application
This Dispute Resolution Section clause applies to all Disputes between the Parties, including for any claims that accrued against you or Platuni prior to the time of your consent to this Agreement and to any claims that accrue against you or Platuni after your consent to this Agreement. Notwithstanding any provision in this Agreement to the contrary, you may elect to opt out of the retroactive application of this Dispute Resolution clause as to claims that have accrued against you or against Platuni prior to the time of your consent to this Agreement. You may opt out by sending us written notice, within 30 days of the time you consent to this Agreement, to the following email address: [-]. Please do not direct any customer support inquiries to [-], as they will not be addressed; such inquiries should be directed to customer support. You must include information sufficient to identify your account(s), such as the email address or phone number associated with your account(s), and should include a statement that you are opting out of the retroactive application of this Dispute Resolution clause. Please note: if you opt out of the retroactive application of this clause, you will still be subject to and bound by any Dispute Resolution Sections and Arbitration Procedures you previously agreed to, including any arbitration provisions, class action waivers, and retroactive application sections. Also, regardless of whether you opt out of the retroactive application of these changes, the Parties will resolve any claims that accrue against you or Platuni after your consent to this Agreement in accordance with this Dispute Resolution clause.
24. GOVERNING LAW
Laws of the State of Delaware and the Federal Arbitration Act will apply to any Dispute (except where prohibited by law).
The laws of the State of Delaware, U.S.A., without regard to its conflict of laws rules, shall explicitly apply to any Dispute arising out of or relating to this Agreement or our Services, and the Dispute Resolution Process shall be governed by the Federal Arbitration Act.
In the EU and EEA, the law of the State of Delaware shall not apply where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
25. VENUE/FORUM SELECTION
To the fullest extent allowable by law, any claims that are not arbitrated for any reason must be litigated in Delaware (except for claims filed in small claims court, or for users residing in the EU, EEA, UK or Switzerland or another jurisdiction where prohibited by law).
Except where prohibited by law, including for users residing in the EU, EEA, UK or Switzerland, who may bring claims in their country of residence in accordance with applicable law, and except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement (including any challenges to the class action waiver provision in subsection 15b), to our Services, or to your relationship with Platuni that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in Dallas County, Texas, U.S.A. You and Platuni consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
26. INDEMNITY
You agree to indemnify Platuni if a claim is made against Platuni due to your actions.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Platuni, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, your conduct toward other users, or your breach of this Agreement. SOME JURISDICTIONS DO NOT ALLOW INDEMNIFICATION, SO SOME OR ALL OF THIS SECTION MAY NOT APPLY TO YOU.
27. ACCEPTANCE OF TERMS
By using our Services, you accept the Terms of this Agreement.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Cookie Policy, Community Guidelines and Safety Tips (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.
28. REPORTING CHANNELS
Platuni encourages users to report any concerns or issues they may have with the Platform or other users. You can report issues through the following channels:
- In-App Reporting: If available, use the in-app reporting feature to report issues directly within the Platuni application.
- Contact Form: Submit a report through the designated contact form on the Platuni website or within the Platuni App.
- Email: Send an email to support@Platuni.com with a detailed description of the issue.
When reporting an issue, please provide as much detail as possible, including:
- Type of Issue: (e.g., technical issues, user misconduct, safety concerns)
- Date and Time of the Incident: (if applicable)
- Description of the Issue: A clear and concise description of the problem encountered.
- Relevant Screenshots or Videos: (if available)
- Your Account Information: (if applicable)
Platuni will review all reports promptly and take appropriate action as deemed necessary.
29. ENTIRE AGREEMENT
This Agreement supersedes any previous agreements or representations.
These Terms, with the Privacy Policy, Cookie Policy, Community Guidelines , and Safety Tips and any Additional Terms Upon Purchase, contain the entire agreement between you and Platuni regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Platuni account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Platuni in any manner.