Welcome to
Plan2Attend
1. Your
relationship with Plan2Attend
1.1 Your use of
Plan2Attend’s products, software, services and web sites (referred to
collectively as the “Services” in this document) is subject to the terms of a
legal agreement between you and Plan2Attend, whose principal place of business is
at The Granary, Calceto Lane, Lyminster,
West Sussex BN17 7QL United Kingdom. This document explains how the agreement
is made up, and sets out some of the terms of that agreement.
1.2 Unless
otherwise agreed in writing with Plan2Attend, your agreement with Plan2Attend
will always include, at a minimum, the terms and conditions set out in this
document. These are referred to below as the “Universal Terms”.
1.3 Your
agreement with Plan2Attend will also include the terms of any Legal Notices
applicable to the Services, in addition to the Universal Terms. All of these
are referred to below as the “Additional Terms”. Where Additional Terms apply
to a Service, these will be accessible for you to read either within, or
through your use of, that Service.
1.4 The
Universal Terms, together with the Additional Terms, form a legally binding
agreement between you and Plan2Attend in relation to your use of the Services.
It is important that you take the time to read them carefully. Collectively,
this legal agreement is referred to below as the “Terms”.
1.5 If there is
any contradiction between what the Additional Terms say and what the Universal
Terms say, then the Additional Terms shall take precedence in relation to that
Service.
2. Accepting
the Terms
2.1 In order to
use the Services, you must firstly agree to the Terms. You may not use the
Services if you do not accept the Terms.
2.2 You can
accept the Terms by:
(A) clicking to
accept or agree to the Terms, where this option is made available to you by
Plan2Attend in the user interface for any Service; or
(B) by actually
using the Services. In this case, you understand and agree that Plan2Attend
will treat your use of the Services as acceptance of the Terms from that point
onwards.
2.3 Before you
continue, you should print off or save a local copy of the Universal Terms for
your records.
3. Language
of the Terms
3.1 Where Plan2Attend
has provided you with a translation of the English language version of the
Terms, then you agree that the translation is provided for your convenience
only and that the English language versions of the Terms will govern your
relationship with Plan2Attend.
3.2 If there is
any contradiction between what the English language version of the Terms says
and what a translation says, then the English language version shall take
precedence.
4. Provision
of the Services by Plan2Attend
4.1 Plan2Attend
is constantly innovating in order to provide the best possible experience for
its users. You acknowledge and agree that the form and nature of the Services
which Plan2Attend provides may change from time to time without prior notice to
you.
4.2 As part of
this continuing innovation, you acknowledge and agree that Plan2Attend may stop
(permanently or temporarily) providing the Services (or any features within the
Services) to you or to users generally at Plan2Attend’s sole discretion,
without prior notice to you. You may stop using the Services at any time. You
do not need to specifically inform Plan2Attend when you stop using the
Services.
4.3 You
acknowledge and agree that if Plan2Attend disables access to your account, you
may be prevented from accessing the Services, your account details or any files
or other content which is contained in your account.
4.4 You
acknowledge and agree that while Plan2Attend may not currently have set a fixed
upper limit on the number of transmissions you may send or receive through the
Services or on the amount of storage space used for the provision of any
Service, such fixed upper limits may be set by Plan2Attend at any time, at
Plan2Attend’s discretion.
5. Use of
the Services by you
5.1 In order to
access certain Services, you may be required to provide information about
yourself (such as identification or contact details) as part of the
registration process for the Service, or as part of your continued use of the
Services. You agree that any registration information you give to Plan2Attend
will always be accurate, correct and up to date.
5.2 You agree
to use the Services only for purposes that are permitted by (a) the Terms and
(b) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions (including any laws regarding the
export of data or software to and from the European Union or other relevant
countries).
5.3 You agree
not to access (or attempt to access) any of the Services by any means other
than through the interface that is provided by Plan2Attend, unless you have
been specifically allowed to do so in a separate agreement with Plan2Attend.
5.4 You agree
that you will not engage in any activity that interferes with or disrupts the
Services (or the servers and networks which are connected to the Services).
5.5 Unless you
have been specifically permitted to do so in a separate agreement with
Plan2Attend, you agree that you will not reproduce, duplicate, copy, sell,
trade or resell the Services for any purpose.
5.6 You agree
that you are solely responsible for (and that Plan2Attend has no responsibility
to you or to any third party for) any breach of your obligations under the
Terms and for the consequences (including any loss or damage which Plan2Attend
may suffer) of any such breach.
6. Your
passwords and account security
6.1 You agree
and understand that you are responsible for maintaining the confidentiality of
passwords associated with any account you use to access the Services.
6.2
Accordingly, you agree that you will be solely responsible to Plan2Attend for
all activities that occur under your account.
6.3 If you
become aware of any unauthorised use of your password
or of your account, you agree to notify Plan2Attend immediately.
7. Privacy
and your personal information
7.1 For information
about Plan2Attend’s data protection practices, please read Plan2Attend’s
privacy policy at http://www.Plan2Attend.com/privacy.html.
This policy explains how Plan2Attend treats your personal information, and
protects your privacy, when you use the Services.
7.2 You agree
to the use of your data in accordance with Plan2Attend’s privacy policies.
8. Content
in the Services
8.1 You
understand that all information (such as data files, written text, computer
software, music, audio files or other sounds, photographs, videos or other
images) which you may have access to as part of, or through your use of, the
Services are the sole responsibility of the person from which such content
originated. All such information is referred to below as the “Content”.
8.2 You should
be aware that Content presented to you as part of the Services, including but
not limited to advertisements in the Services and sponsored Content within the
Services may be protected by intellectual property rights which are owned by
the sponsors or advertisers who provide that Content to Plan2Attend (or by
other persons or companies on their behalf). You may not modify, rent, lease,
loan, sell, distribute or create derivative works based on this Content (either
in whole or in part) unless you have been specifically told that you may do so
by Plan2Attend or by the owners of that Content, in a separate agreement.
8.3 Plan2Attend
reserves the right (but shall have no obligation) to pre-screen, review, flag,
filter, modify, refuse or remove any or all Content from any Service. For some
of the Services, Plan2Attend may provide tools to filter out explicit sexual
content.
8.4 You agree
that you are solely responsible for (and that Plan2Attend has no responsibility
to you or to any third party for) any Content that you create, transmit or
display while using the Services and for the consequences of your actions
(including any loss or damage which Plan2Attend may suffer) by doing so.
9.
Proprietary rights
9.1 You
acknowledge and agree that Plan2Attend own all legal right, title and interest
in and to the Services, including any intellectual property rights which
subsist in the Services (whether those rights happen to be registered or not,
and wherever in the world those rights may exist). You further acknowledge that
the Services may contain information which is designated confidential by
Plan2Attend and that you shall not disclose such information without
Plan2Attend’s prior written consent.
9.2 Unless you
have agreed otherwise in writing with Plan2Attend, nothing in the Terms gives
you a right to use any of Plan2Attend’s trade names, trade
marks, service marks, logos, domain names, and other distinctive brand
features.
9.3 Other than
the limited license set forth in Section 11, Plan2Attend acknowledges and
agrees that it obtains no right, title or interest from you (or your licensors)
under these Terms in or to any Content that you submit, post, transmit or
display on, or through, the Services, including any intellectual property
rights which subsist in that Content (whether those rights happen to be
registered or not, and wherever in the world those rights may exist). Unless
you have agreed otherwise in writing with Plan2Attend, you agree that you are
responsible for protecting and enforcing those rights and that Plan2Attend has
no obligation to do so on your behalf.
9.4 You agree
that you shall not remove, obscure, or alter any proprietary rights notices
(including copyright and trade mark notices) which may be affixed to or
contained within the Services.
9.6 Unless you
have been expressly authorised to do so in writing by
Plan2Attend, you agree that in using the Services, you will not use any trade
mark, service mark, trade name, logo of any company or organisation
in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.
10. Licence from Plan2Attend
10.1
Plan2Attend gives you a personal, worldwide, royalty-free, non-assignable and
non-exclusive licence to use the software provided to
you by Plan2Attend as part of the Services as provided to you by Plan2Attend
(referred to as the “Software” below). This licence
is for the sole purpose of enabling you to use and enjoy the benefit of the Services
as provided by Plan2Attend, in the manner permitted by the Terms.
10.2 You may
not (and you may not permit anyone else to) copy, modify, create a derivative
work of, reverse engineer, decompile or otherwise attempt to extract the source
code of the Software or any part thereof, unless this is expressly permitted or
required by law, or unless you have been specifically told that you may do so
by Plan2Attend, in writing.
10.3 Unless
Plan2Attend has given you specific written permission to do so, you may not
assign (or grant a sub-licence of) your rights to use
the Software, grant a security interest in or over your rights to use the
Software, or otherwise transfer any part of your rights to use the Software.
11. Software
updates
11.1 The
Software which you use may automatically download and install updates from time
to time from Plan2Attend. These updates are designed to improve, enhance and
further develop the Services and may take the form of bug fixes, enhanced
functions, new software modules and completely new versions. You agree to
receive such updates (and permit Plan2Attend to deliver these to you) as part
of your use of the Services.
12. Ending
your relationship with Plan2Attend
12.1 The Terms
will continue to apply until terminated by either you or Plan2Attend as set out
below.
12.2 If you
want to terminate your legal agreement with Plan2Attend, you may do so by (a)
notifying Plan2Attend at any time and (b) closing your accounts for all of the
Services which you use, where Plan2Attend has made this option available to
you. Your notice should be sent, in writing, to Plan2Attend’s address which is
set out at the beginning of these Terms.
12.3
Plan2Attend may at any time, terminate its legal agreement with you if:
(A) you have
breached any provision of the Terms (or have acted in manner which clearly
shows that you do not intend to, or are unable to comply with the provisions of
the Terms); or
(B) Plan2Attend
is required to do so by law (for example, where the provision of the Services
to you is, or becomes, unlawful); or
(C) Plan2Attend is transitioning to no longer
providing the Services to users in the country in which you are resident or
from which you use the service; or
(D) the
provision of the Services to you by Plan2Attend is, in Plan2Attend’s opinion,
no longer commercially viable.
12.3 Nothing in
this Section shall affect Plan2Attend’s rights regarding provision of Services
under Section 4 of the Terms.
12.4 When these
Terms come to an end, all of the legal rights, obligations and liabilities that
you and Plan2Attend have benefited from, been subject to (or which have accrued
over time whilst the Terms have been in force) or which are expressed to
continue indefinitely, shall be unaffected by this cessation, and the
provisions of paragraph 20.7 shall continue to apply to such rights,
obligations and liabilities indefinitely.
13.
Exclusion of Warranties
13.1 The
Services are provided "as is" and Plan2Attend gives you no warranty
with respect to them.
13.2 In
particular, Plan2Attend does not represent or warrant to you that:
(A) your use of
the Services will meet your requirements,
(B) your use of
the Services will be uninterrupted, timely, secure or free from error,
(C) any
information obtained by you as a result of your use of the Services will be
accurate or reliable, and
(D) that
defects in the operation or functionality of any Software provided to you as
part of the Services will be corrected.
13.3 No
conditions, warranties or other terms (including any implied terms as to
satisfactory quality, fitness for purpose or conformance with description)
apply to the Services except to the extent that they are expressly set out in
the Terms.
13.4 Nothing in
the Terms shall affect those statutory rights which you are always entitled to
as a consumer and that you cannot contractually agree to alter or waive.
14.
Limitation of Liability
14.1 Nothing in
these Terms shall exclude or limit Plan2Attend’s liability for losses which may
not be lawfully excluded or limited by applicable law.
14.2 Subject to
overall provision in paragraph 15.1 above, Plan2Attend shall not be liable to
you for:
(A) any
indirect or consequential losses which may be incurred by you. This shall
include any loss of profit (whether incurred directly or indirectly), any loss
of goodwill or business reputation, or any loss of data suffered by you;
(B) any loss or
damage which may be incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy
or existence of any advertising, or as a result of any relationship or
transaction between you and any advertiser or sponsor whose advertising appears
on the Services;
(ii) any
changes which Plan2Attend may make to the Services, or for any permanent or
temporary cessation in the provision of the Services (or any features within
the Services);
(iii) the
deletion of, corruption of, or failure to store, any Content and other
communications data maintained or transmitted by or through your use of the
Services;
(iii) your
failure to provide Plan2Attend with accurate account information;
(iv) your
failure to keep your password or account details secure and confidential;
14.3 The
limitations on Plan2Attend’s liability to you in paragraph 14.2 above shall
apply whether or not Plan2Attend has been advised of or should have been aware of
the possibility of any such losses arising.
15.
Advertisements
15.1 Some of
the Services are supported by advertising revenue and may display
advertisements and promotions. These advertisements may be targeted to the
content of information stored on the Services, queries made through the
Services or other information.
15.2 The
manner, mode and extent of advertising by Plan2Attend on the Services are
subject to change without specific notice to you.
15.3 In
consideration for Plan2Attend granting you access to and use of the Services,
you agree that Plan2Attend may place such advertising on the Services.
16. Other
content
16.1 The
Services may include hyperlinks to other web sites or content or resources.
Plan2Attend may have no control over any web sites or resources which are
provided by companies or persons other than Plan2Attend.
16.2 You
acknowledge and agree that Plan2Attend is not responsible for the availability
of any such external sites or resources, and does not endorse any advertising,
products or other materials on or available from such web sites or resources.
16.3 You
acknowledge and agree that Plan2Attend is not liable for any loss or damage
which may be incurred by you as a result of the availability of those external
sites or resources, or as a result of any reliance placed by you on the
completeness, accuracy or existence of any advertising, products or other
materials on, or available from, such web sites or resources.
17. Changes
to the Terms
17.1
Plan2Attend may make changes to the Universal Terms or Additional Terms from
time to time. When these changes are made, Plan2Attend will make a new copy of
the Universal Terms available at http://www.Plan2Attend.com/terms.html.
17.2 You understand
and agree that if you use the Services after the date on which the Universal
Terms or Additional Terms have changed, Plan2Attend will treat your use as
acceptance of the updated Universal Terms or Additional Terms.
18. General
legal terms
18.1 Sometimes
when you use the Services, you may (as a result of, or through your use of the
Services) use a service or download a piece of software, or purchase goods,
which are provided by another person or company. Your use of these other
services, software or goods may be subject to separate terms between you and
the company or person concerned. If so, the Terms do not affect your legal
relationship with these other companies or individuals.
18.2 The Terms
constitute the whole legal agreement between you and Plan2Attend and govern
your use of the Services.
18.3 You agree
that Plan2Attend may provide you with notices, including those regarding
changes to the Terms, by email, regular mail, or postings on the Services.
18.4 You agree
that if Plan2Attend does not exercise or enforce any legal right or remedy
which is contained in the Terms (or which Plan2Attend has the benefit of under
any applicable law), this will not be taken to be a formal waiver of
Plan2Attend’s rights and that those rights or remedies will still be available
to Plan2Attend.
18.5 If any
court of law, having the jurisdiction to decide on this matter, rules that any
provision of these Terms is invalid, then that provision will be removed from
the Terms without affecting the rest of the Terms. The remaining provisions of
the Terms will continue to be valid and enforceable.
18.6 The Terms,
and your relationship with Plan2Attend under the Terms, shall be governed by
English law. You and Plan2Attend agree to submit to the exclusive jurisdiction
of the courts of England to resolve any legal matter arising from the Terms.
Notwithstanding this, you agree that Plan2Attend shall still be allowed to
apply for injunctive remedies (or an equivalent type of urgent legal relief) in
any jurisdiction.
8th
September 2009