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Last Updated: January 2022
We operate an online platform which provides a self-serve digital tool for building projects worldwide by contextualising and simplifying sustainable building knowledge for consumers and connecting them to sustainable products, experts, tools and the wider community.
These terms tell you the rules for using our website https://www.firstplanit.com ("Our Site") where you are a consumer and either using Our Site to browse the materials and products library, find a product to purchase, leave comments on products or chat with manufacturers and suppliers registered with us ("User") or have registered an account on Our Site in order to create a profile, post reviews, view information about sustainable strategies, methods, products, systems and fixtures, and access our materials and products library which rates products based on environmental, social, health and monetary factors in the building industry, in conjunction with a project ("Project Planner").
These terms are only applicable to you if you are a User or Project Planner. If you are a manufacturer or supplier featuring your goods and/or services through Our Site ("Manufacturer"), please view our Manufacturer Terms and Conditions here.
https://www.firstplanit.com is a site operated by Firstplanit Ltd ("we", "our", "us" or "Firstplanit"). We are registered in England and Wales under company number 12539740 and have our registered office at 1 Doughty Street, London, England, WC1N 2PH.
To contact us, please email info@firstplanit.com or telephone our customer service line on 07858 325 237.
By using Our Site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use Our Site.
We recommend that you print a copy of these terms for future reference.
These terms of use refer to the following additional terms, which also apply to your use of Our Site:
We amend these terms from time to time. Every time you wish to use Our Site, please check these terms to ensure you understand the terms that apply at that time. This version was most recently updated on the date stated at the beginning of these terms.
We may update and change Our Site from time to time to meet our users' needs and/or our business priorities.
Our Site is made available free of charge to Users and Project Planners.
We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Site for business and operational reasons.
Although we may try our best to do so, we are not obliged to maintain Our Site or to supply any corrections, updates or releases.
You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
Our Site is directed to people residing in the United Kingdom. We do not represent that content available on or through Our Site is appropriate for use or available in other locations.
This clause 10 applies where you are a Project Planner.
By creating an account with us, you guarantee that:
Where you provide inaccurate, incomplete or obsolete information, you understand that this may result in the immediate termination of your account on Our Site.
part of our security procedures must be treated by you as confidential information. You must not disclose it to Any user identification code, password or any other piece of information supplied by us or generated by you as any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@firstplanit.com
You may not use a username of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you or that is offensive, vulgar or obscene.
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 reasonable opinion you have failed to comply with any of the provisions of these terms of use.
We may, at our sole discretion, terminate or suspend your account and block your access to Our Site with immediate effect and without prior notice to you where we consider that you are in breach of these terms of use or the Acceptable Use Policy at clause 15.
If you wish to terminate your account, you may do so by discontinuing your use of Our Site or by contacting us at info@firstplanit.com.
We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal use, to draw the attention of others within your organisation to content posted on Our Site, or for use within your business to share content produced by us with your associates and in order to carry out a project, only in accordance with this clause 11.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on Our Site for commercial purposes other than those set out in clause 11.2 without first obtaining a licence to do so from us or our licensors.
If you print off, copy, download, share or repost any part of Our Site in breach of these terms of use, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to Our Site or any services provided via, or in relation to, Our Site. This includes using (or permitting, authorising or attempting the use of):
The provisions in this clause 12 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
This clause 12 shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
The content and information provided on Our Site, for example through the products and materials library, listed benefit attributes, user-generated reviews and content, suggestions given by our algorithms and other tools and resources accessible via Our Site are provided for information purposes only and do not constitute official renovation, project planning, building or product purchase advice.
Any risk and/or opportunities identified by Firstplanit's tools and resources are based on open-source government data and expert algorithms which take into account key datapoints and parameters of harm and effect of environmental factors identified by the World Health Organisation. Our own algorithms only consider some environmental and user objectives and are in no way customised or comprehensive to each User and/or Project Planner. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Site.
We are not liable for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from use of or reliance on any information on Our Site. You acknowledge and agree that you bear responsibility for your own planning, renovating, building, and/or project purchase research and relevant decisions, and that we shall not be held liable by you or any others for any decision made, or action taken by you or others, based upon reliance on or use of information or materials obtained or accessed through use of Our Site.
We make reasonable efforts to update the information on Our Site and encourage Project Planners and Manufacturers to do the same in relation to any posted reviews or featured products and services. However, we make no representation, warranties or guaranties that the content on Our Site or any content which is user-generated, is accurate, complete or up to date.
All warranties, conditions and other terms implied by statute or common law are therefore expressly excluded to the maximum extent permissible by applicable laws, including any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement under the Sale of Goods Act 1979.
We do not warrant or represent that Our Site (or the information, materials or resources supplied via our or third party algorithms or licensed to us on which all or part of Our Site depends) will be delivered free of inaccuracies, interruptions, delays, omissions or errors ("Faults") or that all Faults will be corrected. We shall not be liable for any loss, damage or cost resulting from any such Faults.
We are not the merchant of any products or services which are reviewed, displayed or listed on Our Site and have no liability for any act or omission of any Manufacturer, any defective products sold/and or any other matter relating to the sale and purchase of products and services from Manufacturers by Users or Project Planners. Please contact the relevant Manufacturer to conduct your own proper due diligence and obtain declared evaluations for products and/or services found on Our Site prior to purchasing. Although Firstplanit encourages open and transparent declarations, it provides no warranty that any information or declarations made by the Manufacturer are true and valid.
These terms only apply to Users and Project Planners who use Our Site as consumers.
Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
If you are a consumer:
The terms of clause 16 (We are not responsible for websites we link to), clause 17 (User-generated content is not approved by us), clause 18 (How to complain about content uploaded by other users), clause 19 (Interactive Services), clause 20 (Content Standards), clause 21 (Infringing content) and this clause 15 set out the content standards (the "Content Standards") and further rules you must comply with whenever you use Our Site, make use of a feature that allows you to upload content to Our Site or make contact with other users of Our Site, for example where you are a Project Planner and message other Project Planners via our messaging feature or where you post projects or other content to your profile ("Acceptable Use Policy").
You warrant that any such contribution complies with the Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty..
Any content you upload to Our Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other Users of Our Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload [INSERT AS LINK TO CLAUSE 22].
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Site constitutes a variation of their intellectual property rights, or of their right to privacy in accordance with our infringing content policy at clause 21.
Whether as a User or Project Planner, you may not use Our Site:
Whether you use Our Site as a User or Project Planner, you also agree:
When we consider that a breach of the Acceptable Use Policy has occurred, we may take such action as we deem appropriate.
Failure to comply with the Acceptable Use Policy constitutes a material breach of these terms and conditions upon which you are permitted to use Our Site, and may result in our taking all or any of the following actions:
We exclude our liability for all actions we may take in response to breaches of the Acceptable Use Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
You are solely responsible for securing and backing uWhether you use Our Site as a User or Project Planner, you also agree:
We do not store terrorist content.
Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
Our Site may include information and materials uploaded by other users of Our Site, including by Manufacturers and other Users and Project Planners. This information and these materials have not been verified or approved by us. The views expressed by Users and/or Project Planners on Our Site do not represent our views or values.
If you wish to complain about content uploaded by other users, please contact us by email at info@firstplanit.com.
We may from time to time provide interactive services on Our Site, including, without limitation:
Where we do provide an Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for Users and Project Planners from third parties when they use an Interactive Service provided on Our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide on Our Site, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a User or Project Planner in contravention of our Content Standards, whether the service is moderated or not.
We do not intend for any Interactive Service to be used by children and the use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents and guardians who permit their children to use an Interactive Service to communicate with their children about online safety as moderation is not fool proof. Minors who are using any Interactive Service should be made aware of the potential risks to them.
Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator should a concern or difficulty arise.
These Content Standards apply to any and all material which you contribute to Our Site ("Contribution"), and to any Interactive Services associated with it, whether as a User or Project Planner.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our sole discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
A Contribution must not:
If you are concerned that any content published on Our Site does not meet the Content Standards or the rules of the Acceptable Use Policy, or you believe that any content infringes your intellectual property rights, please contact us in writing to 1 Doughty Street, London, England, WC1N 2PH or by email at info@firstplanit.com with the following information:
Upon receipt of notification, the following procedure will take place:
We do not guarantee that Our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access Our Site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site 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 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 Site will cease immediately.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to Our Site in any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the Content Standards set out in the Acceptable Use Policy [INSERT AS LINK TO ACCEPTABLE USE POLICY AT CLAUSE 15].
If you wish to link to or make any use of content on Our Site other than that set out above, please contact us at info@firstplanit.com.
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
