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Manufacturer and Supplier Terms & Conditions

Last Updated: January 2022

  1. 1 What's in these Terms
    1. 1.1

      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.

    2. 1.2

      These terms tell you the rules for using our website https://www.firstplanit.com ("Our Site") where you are a manufacturer or supplier of products and materials featured on Our Site and the terms and conditions applicable when you register a product and/or purchase one of our tiered registration subscriptions ("Manufacturer").

    3. 1.3

      These terms are only applicable to you if you are a Manufacturer. If you are a consumer and either using Our Site to browse our materials and products library or communicate with Manufacturers ("Users") or have registered an account with us to create a profile and manage projects ("Project Planner"), please view our Project Planner Terms and Conditions here.

  2. 2 Who we are and how to contact us
    1. 2.1

      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.

    2. 2.2

      To contact us, please email info@firstplanit.com or telephone our customer service line on 07858 325 237.

    3. 2.2

      If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

  3. 3 Why you should read these Terms
    1. 3.1

      These terms apply to any order by you and supply of services by us to you ("Terms"). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

    2. 3.2

      Please read these Terms carefully before you submit any order with us for subscribed services. These Terms tell you who we are, how we will provide services to you, how you and we may change or end the Contract (as defined below), what to do if there is a problem and other important information. If you think that there is a mistake in these Terms or they require any changes, please contact us to discuss.

    3. 3.3

      By using Our Site, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you may not use Our Site. We recommend that you print a copy of these Terms for future reference.

    4. 3.4

      3These Terms represent the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms.

  4. 4 There are other terms that may apply to you
    1. These terms of use refer to the following additional terms, which also apply to your use of Our Site:

      • Our Privacy Policy [View].
      • Our Cookie Policy [View], which sets out information about the cookies on our site.
  5. 5 We may make changes to these terms
    1. 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.

  6. 6 We may make changes to Our Site
    1. We may update and change Our Site from time to time to meet our users' needs and/or our business priorities.

  7. 7 We may suspend or withdraw Our Site
    1. 7.1

      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.

    2. 7.2

      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.

    3. 7.3

      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.

  8. 8 Product Registration
    1. 8.1

      Firstplanit researches sustainable products and materials provided by manufacturers and suppliers and features selected products on Our Site, whether or not the associated manufacturer or supplier has registered with us or purchased our services.

    2. 8.2

      The functionality on Our Site provides you with the opportunity to:

      • apply to register a product or material with us in the United Kingdom ("Product"); and
      • purchase one of our tiered registration services in relation to that Product ("Registration").
    3. 8.3

      The tiers of Registration we offer are priced according to the size of your company and grant you varying levels of access to certain augmented features and accreditations in relation to a Product, as follows:

    4. 8.4

      At Firstplanit, we encourage manufacturers and suppliers to register their products with us in order to further and assist their brand. However, if we feature your products on Our Site and you do not wish to be associated with us, please contact us by email at info@firstplanit.com.

  9. 9 Our contract with you
    1. 9.1

      On our registration page, you will be prompted to first select a company size relevant to your company (Micro, Small, Medium or Large) based on your number of employees and annual turnover.

    2. 9.2

      Once you have selected your company size and decided which Registration suits you, please follow the onscreen prompts to place your order. Our Site will allow you to enter the details of the Product you wish to register. Each order is an offer by you to purchase the services available under the relevant Registration ("Services").

    3. 9.3

      You will then be taken to our registration page, which will set out the annual fee for your chosen Registration in relation to the Product, any applicable discount and value added tax ("VAT"). Please check the order carefully before confirming it. You are responsible for ensuring that your order and any Product details provided during registration are complete and accurate.

    4. 9.4

      Our Site will prompt you to choose your desired method of payment and redirect you to the website of our secure payment provider where you will be asked to enter your credit or debit card details.

    5. 9.5

      After you place your order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted.

    6. 9.6

      Our acceptance of your order takes place when we send an email to you to accept it ("Order Confirmation"), at which point and on which date ("Commencement Date") a contract will come into existence between you and us ("Contract"). The Contract will relate only to those Services confirmed in the Order Confirmation.

    7. 9.7

      Your Registration in relation to the Product will commence on the Commencement Date and continue for twelve (12) consecutive months ("Annual Term"). At the end of the Annual Term (and each Renewal Term), the Registration shall renew for further consecutive periods of 12 months (each a "Renewal Term") unless no less than three (3) months' notice is given by you or us to terminate and such notice shall expire no later than the last day of the Annual Term or Renewal Term (as applicable).

    8. 9.8

      If we are unable to accept your order or supply you the Services for any reason, we will inform you of this and will not process your purchase. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description of the service.

  10. 10 Cancelling your order and obtaining a refund
    1. 10.1

      You may cancel the Contract at any time during the Annual Term and each Renewal Term by emailing us at info@firstplanit.com or by calling our customer services team on 07858 325 237. If you are emailing us, please include details of your order to help us identify it. The cancellation will become effective from the date you send us the email.

    2. 10.2

      If you cancel the Contract, you will not be entitled to a refund of the whole or part of any fee you have already paid in relation to a Registration.

  11. 11 Our Services
    1. 11.1

      We warrant to you that the Services will be provided using reasonable care and skill.

    2. 11.2

      We will supply the Services to you until the expiry of the Annual Term and each Renewal Term or you end the Contract as described in clause 10 or we end the contract by written notice to you as described in clause 31.

    3. 11.3

      We will use all reasonable endeavours to meet any performance dates specified by you throughout the Annual Term and each Renewal Term of the Contract in the provision of features of Our Site in general and in particular where you have requested information from us or for us to provide expert evaluations of Products in accordance with your Registration.

  12. 12Your obligations
    1. 12.1

      It is your responsibility to ensure that:

      • a) the terms of your order and any Product details are complete and accurate;

      • b) you cooperate with us in all matters relating to the Services; and

      • c) you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects.

    2. 12.2

      If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 12.1 ("Your Default"):

      • a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 31 (Termination);

      • b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and

      • c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.

  13. 13 Charges
    1. 13.1

      In consideration of us providing the Services you must pay our charges to register each Product according to the your chosen Registration tier ("Charges") and in accordance with this clause 13.

    2. 13.2

      The Charges are the prices quoted on Our Site at the time you submit your order.

    3. 13.3

      If you wish to upgrade the scope of the Services by changing the level of Registration applicable to a Product after we accept your order, and we agree to such change, you may do so by selecting the relevant "Upgrade" button on your dashboard. An upgraded Registration in relation to a Product shall apply for the remainder of the Annual Term (and any subsequent Renewal Term) of the original Registration. Where you have upgraded a Registration, we will modify the Charges accordingly.

    4. 13.4

      We take all reasonable care to ensure that prices stated for the Services are correct at the time when the relevant information was entered into the system. However, please see clause 13.7 for what happens if we discover an error in the price of the Services you ordered.

    5. 13.5

      Our Charges may change from time to time, but changes will not affect any order you have already placed with us.

    6. 13.6

      Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges.

    7. 13.7

      It is always possible that, despite our reasonable efforts, some of the Services on Our Site may be incorrectly priced. Where the correct price for the Services is less than the price stated on Our Site, we will charge the lower amount and if the correct price for the Services is higher than the price stated on Our Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.

  14. 14 How to pay
    1. 14.1

      Payment for the Services is made in advance on a per Product and per year basis. We will take your payment upon acceptance of your order.

    2. 14.2

      You can pay for the Services using a debit or credit card.

    3. 14.3

      We will send you an electronic invoice within 7 (seven) days of the beginning of the month following payment.

  15. 15You must keep your account details safe
    1. 15.1

      If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security and registration procedures, you must treat such information as confidential. You must not disclose it to any third party.

    2. 15.2

      You may not use a username of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you or that is offensive, vulgar or obscene.

    3. 15.3

      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.

    4. 15.4

      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 or the Acceptable Use Policy at clause 21.

    5. 15.5

      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.

  16. 16Intellectual Property Rights
    1. 16.1

      We are the owner or the licensee of all intellectual property rights in or arising out of or in connection with the Services, and in the material published on Our Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    2. 16.2

      Where you have registered a Product under Green Champion status, we grant you a fully paid-up, worldwide, sole licence to use the Indicator Profile, Impact Index Scores and Benefits Index relating to that Product produced by us during the Annual Term and each Renewal Term ("Content") for the purpose of receiving and using the Services and to reproduce the Content in any advertising or promotional material relating to the Product. You may not sub-license, assign or otherwise transfer the rights granted in this clause 16.2.

    3. 16.3

      In any other case, you must not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

    4. 16.4

      You may print off one copy, and may download extracts, of any page(s) from Our Site to draw the attention of others within your organisation to content posted on Our Site.

    5. 16.5

      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.

    6. 16.6

      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).

    7. 16.7

      When you upload or post content to Our Site, you grant us the following rights to use that content:

      • a)

        a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Services and across different media, including to promote Our Site or the Services, until the expiry of the Annual Term and each Renewal Term or for such period of time as we require to use such material in conjunction with other materials on Our Site; and

      • b)

        a worldwide, non-exclusive, royalty-free, transferable licence for other users, Manufacturers, partners or advertisers to use the content in accordance with the functionality of Our Site, until the expiry of the Annual Term and each Renewal Term or for such period of time those other users, Manufacturer, partners or advertisers require to use such material in conjunction with other materials on Our Site.

    8. 16.8

      If you breach of the terms of this clause 16, your right to use Our Site or where relevant, any licence, will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  17. 17Data Protection
    1. 17.1

      In this clause 17, the following definitions will apply:

      1. a)

        "Data Protection Legislation" means:

      2. i.

        to the extent the UK GDPR applies, the law of the United Kingdom or of a part of the United Kingdom which relates to the protection of personal data; and

      3. ii.

        to the extent the EU GDPR applies, the law of the European Union or any member state of the European Union to which you are we are subject, which relates to the protection of personal data,

      4. b)

        "EU GDPR" means the General Data Protection Regulation ((EU) 2016/679); and

      5. c)

        "UK GDPR" has the meaning given to it in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018.

      6. 17.2

        We and you agree and acknowledge that where a User or Project Planner uses Our Site and enters their personal information in order to browse our materials and products library to find a product to purchase, post reviews, leave a comment or otherwise communicate directly with you as Manufacturer ("Personal Data"):

        • a)

          you are the controller and we are the processor; and

        • b)

          you retain control of the Personal Data and remain responsible for compliance obligations under the applicable Data Protection Legislation, including but not limited to providing any required notices and obtaining any required consents, and for the processing instructions you give to us according to the Services.

      7. 17.3

        Without prejudice to the generality of clause 17.2, we shall, in relation to any Personal Data processed in connection with the performance by us of our obligations under the Contract:

        • a)

          process the Personal Data on your behalf only to the extent, and in such a manner, as is necessary for the Services in accordance with your Registration, unless we are required by the Data Protection Legislation to otherwise process that Personal Data. Where we are relying on Data Protection Legislation we shall promptly notify you of this before carrying out the processing unless the Data Protection Legislation prohibits us from doing so;

        • b)

          ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

        • c)

          not transfer any Personal Data outside of the UK;

        • d)

          assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

        • e)

          notify you without undue delay on becoming aware of a Personal Data breach; and

        • f)

          maintain complete and accurate records and information to demonstrate its compliance with this clause 17.3.

      8. 17.4

        You agree and acknowledge that we will not be liable to indemnify you in respect of any costs, claims, damages or expenses incurred by you for which you may become liable due to any act, omission or failure by you to comply with your obligations under the Data Protection Legislation.

    2. 18. No text or data mining, or web scraping
      1. 18.1

        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):

      2. a)

        any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; and

      3. b)

        any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

      4. 18.2

        The provisions in this clause 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).

      5. 18.3

        This clause 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.

    3. 19. Disclaimer
      1. 19.1

        The content and information provided on Our Site and in connection with the Services, for example any Content relating to a Product, expert evaluations, 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. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on Our Site.

      2. 19.2

        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 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 resources obtained or accessed through use of Our Site.

      3. 19.3

        Although 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, 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.

      4. 19.4

        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.

      5. 19.5

        We are not the merchant of any Products 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 from Manufacturers by Users or Project Planners.

      6. 19.6

        We encourage you to cooperate and be transparent with Project Planners and Users who request information and/or declared evaluations from you regarding a Product or who wish to purchase Products featured on Our Site, however you agree and acknowledge that you are solely responsible for Products featured on Our Site and sold to Project Planners and that we do not represent or warrant that any such information or declared evaluations are complete or correct.

    4. 20. Our responsibility for loss or damage suffered by you
      1. 20.1

        These Terms only apply to Manufacturers who use Our Site as business users.

      2. 20.2

        The limits and exclusions in this clause reflect the insurance cover we have been able to arrange and you are responsible for making your own arrangements for the insurance of any excess loss.

      3. 20.3

        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, fraud or fraudulent misrepresentation and any breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

      4. 20.4

        We exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or any content on it.

      5. 20.5

        We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

      6. a)

        use of, or inability to use, Our Site; or

      7. b)

        use of or reliance on any content displayed on Our Site.

      8. 20.6

        Subject to clause 20.3, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

      9. a)

        loss of profits, sales, business, or revenue;

      10. b)

        loss of sales or business;

      11. c)

        loss of agreements or contracts;

      12. d)

        loss of anticipated savings;

      13. e)

        loss of business opportunity, goodwill or reputation; or

      14. f)

        any indirect or consequential loss or damage.

      15. 20.7

        We have given commitments as to the compliance of the Services with the relevant specification in clause 11.3. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.

      16. 20.8

        Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of you having grounds to make a claim in respect of the event and shall expire one (1) month from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

      17. 20.9

        This clause 20 will survive the expiry or termination of the Contract.

    5. 21.

      Acceptable Use Policy

      1. 21.1

        The terms of clause 22 (We are not responsible for websites we link to), clause 23 (User-generated content is not approved by us), clause 24 (How to complain about content uploaded by other users), clause 25 (Interactive Services), clause 26 (Content Standards), clause 27 (Infringing content) and this clause 21 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 respond to comments left by Users or Project Planners or register and upload videos or photos of Products or other content to your profile ("Acceptable Use Policy").

      2. 21.2

        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.

      3. 21.3

        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 at clause 16.7.

      4. 21.4

        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 27.

      5. 21.5

        You may not use Our Site:

      6. a)

        in any way that breaches any applicable local, national or international law or regulation;

      7. b)

        in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

      8. c)

        for the purpose of harming or attempting to harm minors in any way;

      9. d)

        to bully, insult, intimidate or humiliate any person;

      10. e)

        to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards;

      11. f)

        to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

      12. g)

        to knowingly transmit, send or upload any data or any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or

      13. h)

        to upload terrorist content.

      14. 21.6

        You also agree:

      15. a)

        not to reproduce, duplicate, copy or re-sell any part of Our Site in contravention of the provisions of the these Terms; and

      16. b)

        not to access without authority, interfere with, damage or disrupt:

      17. i.

        any part of Our Site;

      18. ii.

        any equipment or network on which Our Site is stored;

      19. iii.

        any software used in the provision of Our Site; or

      20. iv.

        any equipment or network or software owned or used by any third party.

      21. 21.7

        When we consider that a breach of the Acceptable Use Policy has occurred, we may take such action as we deem appropriate.

      22. 21.8

        Failure to comply with the Acceptable Use Policy constitutes a material breach of these Terms upon which you are permitted to use Our Site, and may result in our taking all or any of the following actions:

      23. a)

        immediate, temporary or permanent withdrawal of your right to use Our Site;

      24. b)

        immediate, temporary or permanent removal of any Contribution (as defined below) uploaded by you to Our Site;

      25. c)

        issue of a warning to you;

      26. d)

        legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

      27. e)

        further legal action against you; or

      28. f)

        disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

      29. 21.9

        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.

      30. 21.10

        You are solely responsible for securing and backing up your content.

      31. 21.11

        We do not store terrorist content.

    6. 22.

      We are not responsible for websites we link to

      1. 22.1

        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.

      2. 22.2

        We have no control over the contents of those sites or resources.

    7. 23. User-generated content is not approved by us
      1. Our Site may include information and materials uploaded by other users of Our Site, including by other Manufacturers, Users and Project Planners. This information and these materials have not been verified or approved by us. The views expressed by other Manufacturers, Users and/or Project Planners on Our Site do not represent our views or values.

    8. 24How to complain about content uploaded by other users
    9. If you wish to complain about content uploaded by other users, please contact us by email at info@firstplanit.com.

    10. 25. Interactive Services
      1. 25.1

        We may from time to time provide interactive services on Our Site, including, without limitation:

      2. a)

        commenting and chat room facilities;

      3. b)

        bulletin boards; or

      4. c)

        product feedback and reviews,

      5. (the "Interactive Services").

      6. 25.2

        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).

      7. 25.3

        We will do our best to assess any possible risks for Manufacturers 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 any Manufacturer, User or Project Planner in contravention of our Content Standards, whether the service is moderated or not.

      8. 25.4

        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.

      9. 25.5

        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.

    11. 26. Content Standards
      1. 26.1

        These Content Standards apply to any and all material which you contribute to Our Site ("Contribution"), and to any Interactive Services associated with it.

      2. 26.2

        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.

      3. 26.3

        We will determine, in our sole discretion, whether a Contribution breaches the Content Standards.

      4. 26.4

        A Contribution must:

      5. a)

        be accurate (where it states facts or statistics);

      6. b)

        be genuinely held (where it states opinions); and

      7. c)

        comply with the law applicable in England and Wales and in any country from which it is posted.

      8. 26.5

        A Contribution must not:

      9. a)

        be defamatory of any person;

      10. b)

        be obscene, offensive, hateful or inflammatory;

      11. c)

        bully, insult, intimidate or humiliate;

      12. d)

        promote sexually explicit material;

      13. e)

        include child sexual abuse material;

      14. f)

        promote violence;

      15. g)

        promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

      16. h)

        infringe any copyright, database right or trade mark of any other person;

      17. i)

        be likely to deceive any person;

      18. j)

        breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

      19. k)

        promote any illegal content or activity;

      20. l)

        be in contempt of court;

      21. m)

        be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;

      22. n)

        be likely to harass, upset, embarrass, alarm or annoy any other person;

      23. o)

        impersonate any person or misrepresent your identity or affiliation with any person;

      24. p)

        give the impression that the Contribution emanates from us, if this is not the case;

      25. q)

        advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;

      26. r)

        contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or

      27. s)

        contain any advertising or promote any services or web links to other sites in association with those other sites, where you have not specifically labelled the circumstances of your relationship with those other sites (for example, where you receive any paid commission).

      28. 26.6

        For the avoidance of doubt, for any Contribution in the form of video content:

      29. a)

        You must tell us immediately if you upload or link to a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).

      30. b)

        You must not upload or link to a video containing harmful material.

      31. c)

        You must not upload or link to a video containing advertising for any of the following:

      32. i.

        cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or

      33. ii.

        for alcoholic drinks that are aimed specifically at under 18s and/or encourage immoderate consumption of alcohol.

      34. d)

        Any advertising included in a video you upload or link to must not:

      35. i.

        prejudice respect for human dignity;

      36. ii.

        include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;

      37. iii.

        encourage behaviour prejudicial to health or safety;

      38. iv.

        encourage behaviour grossly prejudicial to the protection of the environment;

      39. v.

        cause physical, mental or moral detriment to persons under the age of 18;

      40. vi.

        directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;

      41. vii.

        directly encourage such persons to persuade their parents or others to purchase or rent goods or services;

      42. viii.

        exploit the trust of such persons in parents, teachers or others; or

      43. ix.

        unreasonably show such persons in dangerous situations.

      44. e)

        You must use the functionality provided on Our Site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.

    12. 27. Infringing content
      1. 27.1

        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:

      2. a)

        your contact details (including full name, company name, postal address, telephone contact number and email address);

      3. b)

        a copy of or link to the URL where you found the material;

      4. c)

        a statement containing as much detail as possible in relation to the material and why you believe it infringes your rights and/or does not comply with the Content Standards or Acceptable Use Policy; and

      5. d)

        where you believe your rights have been infringed, proof that you are the holder of such rights or an authorised representative.

      6. 27.2

        Upon receipt of notification, the following procedure will take place:

      7. a)

        We will aim to acknowledge receipt of your notification by email within 2 working days and will make an initial assessment of the complaint.

      8. b)

        Upon receipt of a valid complaint the material will be temporarily removed from Our Site, pending investigation.

      9. c)

        We will contact the User who provided the material, if relevant. The User or Project Planner will be notified that the material is subject to a complaint, under what grounds and will be encouraged to address the complaints concerned.

      10. d)

        We will try to resolve the issue swiftly and amicably to the satisfaction of all parties with the following possible outcomes:

      11. i.

        the material will be reinstated onto Our Site unchanged;

      12. ii.

        the material will be reinstated onto Our Site with changes; or

      13. iii.

        the material will be permanently removed from Our Site.

      14. e)

        We will notify you of the outcome of the investigation as soon as reasonably possible.

    13. 28. How we may use your personal information
      1. 28.1

        We will only use any personal information you provide to us to:

      2. a)

        provide the Services;

      3. b)

        process your payment for the Services; and

      4. c)

        inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.

      5. 28.2

        We will process your personal information in accordance with our Privacy Policy [View], the terms of which are incorporated into this Contract.

    14. 29. We are not responsible for viruses and you must not introduce them
      1. 29.1

        We do not guarantee that Our Site will be secure or free from bugs or viruses.

      2. 29.2

        You are responsible for configuring your information technology, computer programmes and platform to access Our Site. You should use your own virus protection software.

      3. 29.3

        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.

    15. 30. Rules about linking to Our Site
      1. 30.1

        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.

      2. 30.2

        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.

      3. 30.3

        You must not establish a link to Our Site in any website that is not owned by you.

      4. 30.4

        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.

      5. 30.5

        We reserve the right to withdraw linking permission without notice.

      6. 30.6

        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 22].

      7. 30.7

        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.

    16. 31. Termination
      1. 31.1

        Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:

      2. a)

        you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing to do so;

      3. b)

        you fail to pay any amount due under the Contract on the due date for payment;

      4. c)

        you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;

      5. d)

        you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or

      6. e)

        your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

      7. 31.2

        You agree and acknowledge that where either you or us terminates the Contract in relation to a Product in accordance with these Terms, any analysis or materials produced by us in respect of such Product will remain on Our Site.

      8. 31.3

        Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

    17. 32. Events outside our control
      1. 32.1

        We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control ("Event Outside Our Control").

      2. 32.2

        If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

      3. a)

        we will contact you as soon as reasonably possible to notify you; and

      4. b)

        our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

      5. 32.3

        You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.

    18. 33. Communications between us
      1. 33.1

        When we refer to "in writing" in these Terms, this includes email.

      2. 33.2

        Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

      3. 33.3

        A notice or other communication is deemed to have been received:

      4. a)

        if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;

      5. b)

        if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

      6. c)

        if sent by email, at 9.00 am the next working day after transmission.

      7. 33.4

        In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

      8. 33.5

        The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

    19. 34. Other important terms
      1. 34.1

        Assignment and transfer.

      2. a)

        We may transfer our rights and obligations under a Contract to another organisation but will always contact you to let you know if we plan to do this.

      3. b)

        You may only assign or transfer your rights or your obligations under these Terms to another person if we agree in writing.

      4. 34.2

        Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

      5. 34.3

        Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

      6. 34.4

        Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

      7. 34.5

        Third party rights. The Contract is between you and us and no other person has any rights to enforce these Terms.

      8. 34.6

        Governing law and jurisdiction. The Contract and these Terms are governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with them to the exclusive jurisdiction of the English courts.