TERMS & CONDITIONS
for Online Purchase and Website Use
Effective Date: 1st June 2020
This agreement ("Agreement") is entered into by PLAN Business Development Ltd (registered number SC663720), whose registered office is at 3 St Johns Terrace, Edinburgh EH12 6NW (“PLAN”), together with its agents and sub-contractors, and you as a user of the website ("You").
You acknowledge and agree that the following Terms and Conditions, including the PLAN Privacy Policy, shall govern your use of every page of this website and the provision of both free and subscription-only information by or through the website (the "Service").
When a subscription contract is formed
When
You click "Pay" to submit your order online, or you email, fax, post or telephone us with details of your order, You are making an offer to take out a subscription which if accepted by us, will result in a binding contract.
If placing your order on-line, when You click "Pay" you will either see a page or receive an email acknowledging that your order has been received successfully and is being processed. The contract between us is not formed at this point. A legally binding contract is formed on the date we send You confirmation of your order and payment has been taken.
Subscription Payments
PLAN GeoMaps is a subscription service over a fixed or recurring period. Your subscription payment allows You to access your GeoMAP only for the period of the subscription.
All subscription payments are payments in advance of the subscription period chosen.
When you click "Pay" to submit your order online, payment will be taken from the chosen payment method for the subscription period selected, effective from the chosen start date.
By choosing the recurring subscription package, you authorise us to charge your chosen payment method with the subscription rate for your package on the anniversary of each subscription period following the chosen start date, on a recurring basis, until You advise us otherwise.
Your subscription can be cancelled at any time contacting us online
or by emailing
subscriptions@plangb.com
or by calling PLAN on Freephone 0800 160 1604
Should the fixed subscription period end, or the recurring subscription payments be ended by You or by PLAN, access to the information on your GeoMap, both historic and future, will also end.
Right to refuse orders
We reserve the right not to accept or process your order for any reason, or to cancel orders in the event of obvious inaccuracies in prices (except that we may fulfil your order at the correct price) or if we are unable to obtain payment authorisation from the issuer of your payment card.
If we do not accept your order and your credit/debit card has already been debited, we will notify You and refund your card in full immediately.
Cancellations and Refunds
Where a minimum term is advertised, cancellations are not permitted until the end of this initial period.
Following payment for a subscription period, no refunds will be given for that subscription period.
Price Information
In relation to orders placed on-line, prices displayed on the subscriptions section of the website will prevail at all times. Prices quoted on the payment screen show VAT (where applicable) and state the payment method.
If you make ongoing Direct Debit or credit/debit card payments, we reserve the right to increase our prices at any time and will notify you in writing with 30 days notice of any such price increase.
Credit Card Payment
If you are under 18 or are not using your own credit/debit card to pay for the subscription, You must ask the permission of the credit/debit card holder before entering the payment details. By clicking "Pay" you are confirming that You have obtained the express prior permission of the credit/debit card holder.
GeoMap Users
We will email User links to your GeoMap to the email User addresses You notify to us when you place your order. Please allow up to 72 hours for delivery.
The User email address must have a Google account attached. For information on how to do this, visit www.plangb.com/blog. PLAN shall not be liable should we be unable to email the User links because a Google account has not been attached to the User email address.
Where multiple Users are requested for a single subscription, these Users must be from the same organisation. Confirmation of the User name and work email address must be provided when the User log-in email address are submitted.
GeoMap Updates
PLAN Project GeoMaps are updated monthly, within 10 days of month end. Each update captures planning submissions and approvals for the previous month.
PLAN reserves the right to change the update frequency of its GeoMaps and will honour the term of any subscription, not the number of updates.
Sharing of information
Except as expressly permitted by PLAN, your subscription to the Service is for your own use, and any sharing or transferring of your login, passwords, or the information, content and data provided by the Service to others (including group, parent, subsidiary or otherwise associated companies) is strictly prohibited.
Subscription Offers
From time to time PLAN Business Development Ltd will run offers on its GeoMaps for new subscribers. These offers are not applicable to existing subscribers unless a new subscription is taken out under the terms of the offer.
Liability
PLAN takes every reasonable effort to ensure that information contained in the Service is as accurate as possible. However, the Service is based on information provided by others from private and public sources and is provided 'as is', and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded.
Numbers of companies indicated as being mapped within the PLAN Market GeoMap service are based on the numbers of companies identified when the Market GeoMap was created and the current number of companies may be higher or lower than the number stated.
Any reference to 'every project' or 'every company' within the Service specifically relates to the information on projects and companies identified through the Service, and does not necessarily represent 'every' project or company in the market.
PLAN shall not be liable to You for any indirect or consequential loss (whether for loss of business profits, loss of income or for similar economic loss), costs, expense or other claims for damages whatsoever (however caused) which arise out of or in connection with your use or inability to use the Service.
The liability of PLAN to You in the event of You being unable to access your GeoMap shall, at our discretion, be limited to a refund of that portion of the GeoMap subscription cost represented by the duration of the subscription period during which the GeoMap could not be accessed.
PLAN shall not be liable to You for any delay in delivery or non-delivery of GeoMap links in the following circumstances where the issuer of your payment card refuses to authorise payment to us or where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.
These Terms and Conditions do not and shall not affect your statutory rights as a consumer.
Third Party Rights
A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.
Use of Personal Information
We use the personal and transactional information (e.g. name, address, email address, credit card details) ("Personal Information") You supply to us in order to fulfil your subscription order.
On the online order form we will ask You about receiving details of our products and services. You should tick the relevant boxes to indicate whether or not You wish to receive such information.
Unauthorised access to personal information
Unless a member of our staff has been fraudulent or negligent, we will not be liable to You for any losses You may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) You transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use
General terms of use
Except as expressly permitted by PLAN, You shall not copy, display, transmit, distribute, sell, modify, create derivative works, or in any way commercially exploit copyrighted or proprietary materials available on or in this website. You shall also not extract or export data from this website into other databases nor shall you redistribute or resell the Service.
You may not attempt to use any automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of this website, any data or content found on or accessed through the website without PLAN’s prior specific written consent.
You warrant to PLAN that You will not use the Service to publish, post, distribute, transmit or otherwise disseminate defamatory, obscene, or other unlawful material or to threaten, harass, abuse, or otherwise infringe the legal rights (including specifically data protection and privacy rights) of others. PLAN reserves the right to refuse the Service to anyone for any reason at any time.
PLAN reserves the right to revise this Agreement and/or the Service at any time for any reason without notice. You further acknowledge and agree that You will be bound by any such revisions to the Agreement.
Copyright
Unless stated to the contrary, all website design, text, graphics, software and underlying source code (including applets) and all other material on this website are copyright of PLAN. All rights reserved.
Data Protection & Policy
Any personal data collected or retained by PLAN is protected in the UK in accordance with PLAN’s Privacy Policy. We do not store credit card details nor do we share customer details with any 3rd parties.
Website links
Any reference to a linked site or any specific third party product or service by name, does not constitute or imply its endorsement by PLAN and You should assume all risk with respect to its use.
Governing Law and Jurisdiction
These Terms and Conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where You are based.
Entire Agreement
These Terms and Conditions override any contrary terms or conditions published by us in relation to any order placed by You with PLAN.
Queries
If You have any queries or comments about your subscription, please contact our Customer Care Team by emailing service@plangb.com or calling us on 0800 160 1604.