Effective: Feb 2022

Plan B provides cloud based business management software services (the 'Services') specifically designed for the operation of Gelatissimo gelaterias.

Plan B is operated by VK GELATO PTY LTD ATF VK FAMILY TRUST ABN 35970127716 (VK Gelato). Access to and use of Plan B, or any of its associated Products or Services, is provided by VK Gelato.

These terms of service (“Terms”) apply to all users of Plan B’s website and applications at planb.bookinglass.com.au and planb.gelatology.com.au and any other site/application operated by VK Gelato. By using Plan B and any applications operated by VK Gelato, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of Plan B, or any of Services, immediately.

VK Gelato reserves the right to review and change any of the Terms by updating this page at its sole discretion. When VK Gelato updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

1. Use of Software
   1. VK Gelato grants you the non-exclusive, non-transferable right to use the Service via Plan B on these Terms. As a subscriber:
      1. You or your administrator (“Administrator”) may invite others (“Invited Users”) to use the Service on these Terms;
      2. you are responsible for all Invited Users’ use of the Service;
      3. you are responsible to notify each User of your invitation of them to the Service;
      4. you and all Users you invite must accept and abide by these Terms
      5. you will determine and control each Invited User’s level of access to the relevant organisation and Service at all times;
      6. when you no longer wish someone to have access to the Service, you are responsible to revoke their access;
2. Your Obligations

   As a subscriber, you agree to comply with the following:

   1. Payment obligations: You will pay a fee for access to the Service in accordance with the fee schedule set out on Plan B (Prices). VK Gelato may issue you an invoice for the Subscription Fee in advance. You must pay all amounts specified in each invoice, by electronic bank transfer, automatic payment or credit card, within 14 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Subscription Fee.
   2. you will use the Services only for purposes that are permitted by:
      1. (i) the Terms; and
      2. (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
   3. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
   4. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify VK Gelato of any unauthorised use of your password or email address or any breach of security of which you have become aware;
   5. access and use of Plan B is limited, non-transferable and allows for the sole use of Plan B by you for the purposes of operating Gelatissimo stores;
   6. you will not use the Services or Plan B in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of VK Gelato;
   7. you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of general public by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to Plan B;
   8. Appropriate legal action will be taken by VK Gelato for any illegal or unauthorised use of Plan B;
3. Confidentiality
   1. Confidentiality: Each party (the recipient) will keep confidential all information obtained from the other (the discloser) which is marked confidential or is by its nature clearly confidential and will not, without the prior written consent of the discloser, make any such information available to any person, or use it for its own benefit, except as necessary for the purpose of these Terms.
4. Intellectual Property
   1. Trademarks of Gelatissimo, flavour information, product information, operation procedures, whether or not registered in the Service, are property of Gelatissimo (or its licensors)
   2. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of Plan B (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by VK Gelato or its contributors.
   3. VK Gelato retains all rights, title and interest in and to Plan B and all related Services. Nothing you do on or in relation to Plan B will transfer any: (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or (b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or (c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
   4. You may not, without the prior written permission of VK Gelato and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on Plan B which are freely available for re-use or are in the public domain.
   5. Ownership of Data: Subject to clause 5.1.3. all Intellectual Property Rights in the Data remain your property. Your access to the Data is contingent on full payment of the Plan B Subscription Fee when due. You grant VK Gelato a license to access, use, copy, transmit, store, and back-up your information and Data for the purpose of enabling you to access and use the Service and for the purpose set out in clause 5.1.
   6. Access to Data by VK Gelato: You must arrange all consents and approvals that are necessary for us to access the Data as described in clause 4.5.
   7. Access to Data by Gelatissimo support office: You must arrange all consents and approvals that are necessary for us to provide Gelatissmo support office access the Data as described in clause 4.5.
   8. Third-party applications and your Data: If you enable third-party applications for use in conjunction with the Service, VK Gelato may allow the providers of those applications to access your Data as required for interoperation with the Service. VK Gelato will not be responsible for any disclosure, modification or deletion of your Data resulting from any access by third-party application providers
5. Data
   1. Analytical Data: You acknowledge and agree that:
      1. we may:
         1. use Data and information about your, and your end users’, use of the Service to generate anonymised and aggregated statistical and analytical data (Analytical Data);
         2. use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights for our benefit or the benefit of a third party; and
         3. supply Analytical Data to third parties, including our service providers and customers.
      2. our rights under clause 5.1.1 above will survive termination or expiry of your use of the Service; and
      3. title to, and all Intellectual Property Rights in, Analytical Data is and remains our property.
   2. Encryption of Data: All data that goes between you and VK Gelato's servers are encrypted using industry-standard TLS, protecting your governance data end to end with SHA-256-bit encryption both in transit and at rest.
   3. Backups of Data: While we will take standard industry measures to back up all Data stored using the Service, you agree to keep a separate back-up copy of all Data uploaded by you or your end users to the Service.
   4. Storage of Data: Plan B is hosted on Virtual Private Servers located within enterprise-grade data centres that employ robust physical security controls. Its primary servers are located in Brisbane, Queensland with secondary storage facility in Sydney, New South Wales.
   5. Indemnity: You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is objectionable, incorrect or misleading.
6. Warranties and Acknowledgements
   1. Warranties: You warrant that:
      1. any information you give to VK Gelato in the course of completing the subscription process will always be accurate, correct and up to date;
      2. you have the licence or have the authorisation from a licenced party to manage and operate a Gelatissimo store;
      3. In using Plan B, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on their website.
      4. you are authorised to use the Data that you input into Plan B, including any Data input into Plan B by any person you have authorised to use the Service;
      5. you are authorised to access the processed information and data that is made available to you through your use of Plan B and the Service;
      6. if you use the Service or access the Application on behalf of anyone else (whether a body corporate or otherwise) you are responsible for authorising any person who is given access to information or Data, and VK Gelato has no obligation to provide any person access to such information or Data without your authorisation and may refer any requests for information to you to address; and
      7. you will indemnify VK Gelato against any claims or loss relating to VK Gelato’s refusal to provide any person access to your information or Data in accordance with these Terms; and VK Gelato making available information or Data to any person with your authorisation.
   2. Acknowledgement: You acknowledge that:
      1. your access to and use of the Service is on an “as is” basis and at your own risk;
      2. VK Gelato does not warrant that the use of the Service will be uninterrupted or error–free; and
      3. VK Gelato can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
      4. where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
7. Liability
   1. You expressly understand and agree that VK Gelato, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
   2. Use of Plan B and the Services is at your own risk. Everything on Plan B and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of VK Gelato make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of VK Gelato) referred to on Plan B. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
      1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
      2. the accuracy, suitability or currency of any information on Plan B, the Services, or any of its Services related products (including third party material and advertisements on Plan B);
      3. costs incurred as a result of you using Plan B, the Services or any of the products of VK Gelato; and
      4. the Services or operation in respect to links which are provided for your convenience.
   3. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
   4. Notwithstanding clauses 7.1 and 7.2 and 7.3, if VK Gelato is found to be liable to you for any loss you have suffered, VK Gelato’s liability for all loss will be limited to the Subscription Fees paid by you in the previous 3 months.
   5. You agree to indemnify VK Gelato, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
      1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
      2. any direct or indirect consequences of you accessing, using or transacting on Plan B or attempts to do so; and/or
      3. any breach of the Terms or any obligation you may have to VK Gelato, including costs relating to the recovery of any unpaid Subscription Fees.
8. Termination
   1. The Terms will continue to apply until terminated by either you or by VK Gelato as set out below.
   2. If you want to terminate the Terms, you may do so by:
      1. not renewing the Subscription prior to the end of the Subscription Period;
      2. providing VK Gelato with 30 days' notice of your intention to terminate; and
      3. closing your accounts for all of the services which you use, where VK Gelato has made this option available to you. Your notice should be sent, in writing, to VK Gelato via the 'Contact Us' link on our homepage.
   3. VK Gelato may at any time, terminate the Terms with you if:
      1. you do not renew the Subscription at the end of the Subscription Period;
      2. you have breached any provision of the Terms or intend to breach any provision;
      3. VK Gelato is required to do so by law;
      4. VK Gelato is required to do so by Gelatissimo support office;
      5. the provision of the Services to you by VK Gelato is, in the opinion of VK Gelato, no longer commercially viable.
   4. Subject to local applicable laws, VK Gelato reserves the right to discontinue or cancel your subscription at any time and may suspend or deny, in its sole discretion, your access to all or any portion of Plan B or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts VK Gelato's name or reputation or violates the rights of those of another party.
   5. If payment of any Subscription Fees for which you are responsible is not made by the due date, VK Gelato may suspend or terminate your use of the Service, the authority for all or any of your business to use the Service, or your rights of access to all or any Data.
   6. On termination of this Agreement you will
      1. remain liable for any accrued charges and amounts which become due for payment before or after termination and
      2. immediately cease to use the Service and the Application.
   7. Refund Policy VK Gelato will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of VK Gelato makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Subscriber (the 'Refund').
9. Dispute Resolution
   1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
   2. Notice: A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
   3. Resolution: On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
      1. Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
      2. If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be 7 appointed by the President of the Australian Mediation Association or his or her nominee;
      3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; (d) The mediation will be held in Queensland, Australia.
   4. Confidential All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
   5. Termination of Mediation: If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
10. Venue and Jurisdiction
    1. The Services offered by VK Gelato is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to Plan B, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
11. Governing Law
    1. The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
12. Independent Legal Advice
    1. Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
13. Severance
    1. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Contacting VK Gelato

Please contact us if you have any questions about this policy. You may contact us via

Email: [email protected]
Mobile: 0468881617
VK Gelato Pty Ltd ATF VK Family Trust ABN 35970127716