MY.PLAN TERMS OF USE

These Specific Terms and Conditions apply to the my.plan Services.

  1. MY.PLAN TERMS OF USE
    1. Background
    These terms of use together with the documents referred to herein provide the terms of use on which you may use our my.plan platform (Platform).
    1. Information about us
    Our Platform is operated by or on behalf of Plan Communications Limited or by one of our subsidiary companies (together we or us or our). We are registered in the Isle of Man under company number 010273V and our head office is at No.5 Victoria Street, Douglas, Isle of Man, IM1 2LR. Our VAT number is GB 004-1360-38.
    1. Accessing Our Platform
    Access to our Platform is permitted for registered users as part of the provision of services by us to the company that you are working for (Company). We reserve the right to amend the service we provide on our Platform without notice. We will not be liable if for any reason our Platform is unavailable at any time or for any period. If you choose, or if you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with the provisions of these My.Plan Terms of Use. When using our Platform, you must comply with the provisions of our Use Policy (set out below these My.Plan Terms of Use). You are responsible for making all arrangements necessary for you to have access to our Platform. We do not warrant or guarantee that our Platform will be virus or error free. Whilst we make all reasonable attempts to exclude viruses and errors from our Platform, we cannot ensure such exclusion and no liability is accepted for viruses or errors. You are therefore recommended to take all appropriate safeguards before downloading information or images from our Platform.
    1. Intellectual Property Rights 
    We are the owner or the licensee of all intellectual property rights that is contained on our Platform and in the material published thereon and in the Information Services. Those works are protected by copyright laws. All such rights are reserved.  You acknowledge that you have no right to have access to any software contained within the Platform in source code form.
    1. Our Liability 
    To the extent permitted by law, we hereby expressly exclude:
    • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; or
    • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Platform or in connection with the use, inability to use, or results of the use of our Platform, any website linked to from our Platform and any materials posted thereon, including, without limitation any liability for:
      • loss of income or revenue;
      • loss of business;
      • loss of profits or contracts;
      • loss of anticipated savings;
      • loss of data;
      • loss of goodwill;
      • wasted management or office time; and
      • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by the categories set out above.
    This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
    1.  Information About You and Your Visits to Our Platform
    We process information about you in accordance with our privacy policy and our cookie policy. By using our Platform, you consent to such processing and you warrant that all data provided by you is accurate.
    1. Transactions Concluded Through Any of Our Websites
    10.1 Contracts formed through our Platform or as a result of visits made by you to our Platform for the supply of equipment or the provision of services to you by Plan are governed by our terms and conditions of supply If you make an order through the Platform, you warrant that you are authorised by your Company to bind the Company to a contract for those services or equipment. or
    1. by a third party (excluding Plan) are governed by our classified advertisement terms and conditions.

     

    1. Uploading Material to Our Platform
    Whenever you make use of a feature that allows you to upload material to our Platform, or to make contact with other users of our Platform, you must comply with the content standards set out in our Use Policy. You warrant that any such contribution does comply with those standards, and you indemnify us fully and effectively:
    • for any breach of that warranty; and
    • from and against all costs, claims, liability, expenses (including legal expenses), damages and losses incurred by us as a result of a breach by you of the provisions contained in this clause 11, whether arising under tort, statute or otherwise.
    Any material that you upload to our Platform will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.  
    1. Viruses, Hacking and other offences
    You must not misuse Our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Website, the server on which Our Platform is stored or any server, computer or database connected to Our Website. You must not attack Our Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the UK Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Platform will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Platform or to your downloading of any material posted thereon, or on any website linked thereto.
    1. Links From Our Platform
    Where Our Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. These My.Plan Terms of Use do not apply to any third party website that is linked from time to time to Our Platform. You should read the terms and conditions pertaining to such third party website before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.
    1. Jurisdiction and Applicable Law
    The Isle of Man courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These My.plan Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Isle of Man law. 16.Trademarks All trading names, brand names, products and service names and titles and copyrights used in our Platform are trademarks, trade names and service marks or copyrights of their respective holders. No permission is given by us for their use by any person other than such holders and such use may constitute an infringement of the holders’ rights.
    1. Variations
    We may revise these My.Plan Terms of Use and the documents referred to herein from time to time.  Please regularly check these terms for updates and if you are not happy with any changes that are made, please stop using the Platform.  Your continued use of the Platform will be considered as your consent to any changes to these My.Plan Terms of Use. Some of the provisions contained in these My.Plan Terms of Use may also be superseded by provisions or notices published elsewhere on our Platform.
    1. Severance
    If any provision of these My.Plan Terms of Use is found to be invalid or unenforceable by a court, then it will be severed from the rest of these My.Plan Terms of Use which shall remain unaffected.
    1. Entire Agreement
    These My.Plan Terms of Use and the documents and policies referred to herein represent the entire understanding relating to the use of our Platform and supersede all other statements, representations or warranties (whether written, made electronically or orally) that we may have made previously. Nothing in these My.Plan Terms of Use shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these My.Plan Terms of Use are reserved by us.

    MY.PLAN USE POLICY

    1. Background
    This Use Policy together with our My.Plan Terms of Use provides you with certain information, guidelines and use policies regarding the use of our services and equipment. Please read the following carefully to understand our use policy. Any terms not defined in this Use Policy shall take the meaning provided in our My.Plan Terms of Use.
    1. Definitions
    Any capitalised terms not defined in this Use Policy shall take the meaning provided in our My.Plan Terms of Use.
    1. Use Policy
    We require that no element of our services or our Platform shall be used by you or any third party:
    • fraudulently unlawfully or in connection with a criminal offence; or
    • to send, receive, upload, download, use or re-use any information or material which is offensive, abusive, defamatory, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights or laws whatsoever; or
    • in breach of instructions that we may have given hereunder or otherwise; or
    • to cause annoyance, inconvenience or needless anxiety; or
    • to send or provide unsolicited advertising or promotional material; or
    • other than in accordance with all commercially acceptable use policies of our suppliers and the reasonable use standards normally expected over the Internet; or
    • in breach of any law, intellectual property right or legal obligation applicable to the provision of our services or in relation to our Platform anywhere in the world; or
    • for any unauthorised accessing or facilitating unauthorised accessing to any data belonging to any third party; or
    • in a manner which invades the privacy of others or that is otherwise anti-social; or
    • in a manner which breaches any law of any jurisdiction relating to banking, insurance, financial services, the issue and offering of securities and investments, the provision of credit or associated services or investment business; or
    • in a manner which is defamatory of any person (in any jurisdiction).
    1. Breach of Use Policy
    If we reasonably believe that any use that you may make of our services or our Platform is in breach of this Use Policy, then we shall be entitled to issue a written notice to you requesting that you remedy your breach of this Use Policy within five (5) business days. If you do not rectify your breach of this Use Policy in accordance with section 4 of this Use Policy or in our view have not used your best endeavours to rectify your breach of this Use Policy in the five business days following the receipt of our written notice to do so, then we shall be entitled to suspend or terminate the provision of any services to you and block your access to our Platform. Your Concerns If you have any concerns about material which appears on our Platform, please contact info@plan.com.