Terms of Service
Wingu Planner helps professionals plan and manage their jobs and appointments. This agreement documents the legally binding terms and conditions attached to the use of the Site at winguplanner.com
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING OR ACCESSING THE SITE IN ANY WAY, VIEW OR BROWSING THE SITE OR ADDING YOUR OWN CONTENT TO THE SITE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE. YOU ALSO AGREE TO OUR PRIVACY POLICYAND ANY OTHER POLICIES WE POST ON WINGU PLANNER.
License
The Site and all of its code and original content is licensed is property of Wingu Soltuions or are included with the permission of the relevant owner. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
Accuracy, completeness and timeliness of information
We are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.
Account creation
To register for an account you must be at least 13 years old. If you know a user is under the age of 16 please report to us at support@winguplanner.com.
You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. If you believe your account is compromised, you must contact us immediately at support@winguplanner.com
Termination
Wingu Planner reserves the right to remove any account from the Site, without any advance notice.
Links to Other Websites
Our Site does contain a number of links to other websites and online resources that are not owned or controlled by winguplanner.com.
Winguplanner.com has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our site.
Publishing of Content
You hereby acknowledge and agree that you are solely responsible for all materials that you approve for publishing, display, and distribution by us in connection with the Services, or that you post, publish or distribute in connection with the Services, including without limitation, Jobs or Appointments prepared by us for you (including all information, trademarks, and photographs contained in such jobs), information, data, text, software, links, photographs, pictures, graphics, video, messages, files and any other materials (“User Content”). You represent, warrant and agree that no User Content that you approve for publishing, display, and distribution by us, or submitted by you or through your account, will: violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights;contain libelous or defamatory material; or violate or encourage violation of any applicable, laws, regulations, rules, professional codes, codes of ethics, administrative laws, codes of conduct or standards (including, without limitation, rules, standards or codes of conduct for non-governmental or quasi-governmental associations), e.g., federal, state, or local laws, regulations, rules, professional codes, codes of ethics, or administrative laws.
For the purpose of clarity, by creating an account, you are approving the publishing of such information by us on your behalf. You represent and warrant that you have all legal rights necessary to publish and distribute (or necessary to have us publish and distribute) any User Content or that you own such User Content. You represent and warrant that the advertisement prepared by us for you will comply with all applicable laws, rules, and regulations.
- Wingu Planner is strictly for legal businesses, any indication of an account created for anything other than promoting a legal business will be removed
- Wingu Planner is strictly for promoting a business and handling a schedule, Wingu Planner is not the place to resolve legal issues in regards to a job or agreement
- We recommend that you do not include personally identifiable information of yourself or others in your business profile other than the info which is strictly needed to promote your business
- Do not use profanity
- Only post pictures you have the rights to and are relevant to your business, please keep them appropriate
- Must be 16+ years to create and run a business on Wingu Planner, unless a parent controls the account for a minor
User-Generated Content ResponsibilityWingu Planner does not pre-screen content, but reserves the right to remove or moderate any and all content at your discretion. Nor does Wingu Planner verify the accuracy of user generated content or business profiles, it is up to the individual users to make sure the information they post is accurate.
Service Fees
Wingu Planner charges a fixed fee per month or year. There are no separate fees for usage of certain tools and there are no setup fees. You, the user, is responsible for their own phone bill if text messages are sent TO our services.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: TEN DOLLARS ($10). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold us and our directors, officers, agents, contractors, affiliates, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:
- your breach of any representations or warranties made by you hereunder or your breach of the Terms and Conditions;
- your use of the Services or the Site in violation of the Terms and Conditions; or
- your violation of any law or the rights of a third party.
Disclaimer of Warranties
We are not responsible for any incorrect or inaccurate content published on the Site or in connection with the Services, including User Content published by users (or published by us on behalf of users) of the Site or the Services. We are not responsible for the conduct, whether online or offline, of any user of the Site. The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or the Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person’s computer related to or resulting from participating or downloading materials in connection with the Site or the Services. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Services, the Site or any content published on the Site (whether or not Site Content, User Content, or other content). THE SITE, THE SERVICES AND ALL CONTENT ON THE WEBSITE ARE PROVIDED “AS-IS” AND WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES.
WE ARE NOT RESPONSIBLE FOR ENSURING THAT USER CONTENT PUBLISHED BY USERS (OR PUBLISHED BY US ON BEHALF OF USERS) OF THE SITE OR THE SERVICES COMPLIES WITH APPLICABLE ADVERTISING LAWS, RULES OR REGULATIONS, AND WE OFFER NO WARRANTY THAT ANY SUCH USER CONTENT SHALL COMPLY WITH APPLICABLE ADVERTISING LAWS, RULES OR REGULATIONS. WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY APPLICABLE ADVERTISING LAWS, RULES OR REGULATIONS.
WE OFFER YOU NO GUARANTEE OF NEVER MISSING OR FORGETTING ABOUT AN APPOINTMENT. WINGU PLANNER ALSO OFFERS NO GUARANTEES TO YOU ABOUT WINNING THE BID FOR A JOB. WINGU PLANNER IS A TOOL MEANT TO AID YOU IN MANAGING YOUR SCHEDULE. BUT IT IS ULTIMATELY UP TO YOU TO MAKE SURE YOU STICK TO YOUR SCHEDULE AND APPOINTMENTS.
MAINTAINING YOUR SCHEDULE AND MAKING SURE ALL INFORMATION FOR EACH JOB, APPOINTMENT AND CUSTOMER IS ACCURATE IS THE RESPONSIBILITY OF THE USER
Miscellaneous
The Terms and Conditions set forth the entire agreement between you and us pertaining to your use of the Site and the Services. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Our delay or failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions do not, and shall not be deemed to, constitute a partnership or joint venture between you and us, and neither you nor we, nor your or our respective directors, officers, employees, or agents shall, by virtue of the performance of the obligations under these Terms and Conditions, be deemed to be an agent or employee of the other, and neither you nor we has the authority to bind the other under any contract, agreement, or otherwise.
Governing Law
At this time these terms and conditions are governed by and constructed in accordance with the laws of the State of Washington, in accordance with RCW 19.86.
Changes to This Agreement
Wingu Planner reserves the right to modify these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Service.
Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the winguplanner.com site immediately.
Contact Us
If you have any questions about this Agreement, please feel free to contact us at support@winguplanner.com.