PROJECT PLANNER TERMS AND 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 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").

   3. 1.3

      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.

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. 3 By using our Site you accept these terms
   1. 3.1

      By using our Site, you confirm that you accept these terms of use and that you agree to comply with them.

   2. 3.2

      If you do not agree to these terms, you must not use our Site.

   3. 3.3

      We recommend that you print a copy of these terms for future reference.

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.
      • our Cookie Policy, 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

      our Site is made available free of charge to Users and Project Planners.

   2. 7.2

      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.

   3. 7.3

      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.

   4. 7.4

      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 We may transfer this agreement to someone else

   1. 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.

9. 9 our Site is only for users in the UK

   1. 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.

10. 10Project Planner Accounts
    1. 10.1

       This clause applies when you are a Project Planner.

    2. 10.2

       By creating an account with us, you guarantee that:

       • a) You are aged 18 or older.
       • b) The information you provide to us is accurate, complete and curroct at all times .
    3. 10.3

       Where you provide inaccurate, incomplete or obsolete information, you understand that this may result in the immediate termination of your account on our Site.

    4. 10.4

       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.

    5. 10.5

       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

    6. 10.6

       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.

    7. 10.7

       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.

    8. 10.8

       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.

    9. 10.9

       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.

11. 11 How you may use material on our Site
    1. 11.1

       We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

    2. 11.2

       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.

    3. 11.3

       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.

    4. 11.4

       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).

    5. 11.5

       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.

    6. 11.6

       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.

12. 12 No text or data mining, or web scraping
    1. 12.1

       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):

       • 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 our Site or any data, content, information or services accessed via the same.
       • 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.
    2. 12.2

       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).

    3. 12.3

       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.

13. 13 Disclaimer
    1. 13.1

       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.

    2. 13.2

       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.

    3. 13.3

       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.

    4. 13.4

       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.

    5. 13.5

       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.

    6. 13.6

       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.

    7. 13.7

       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.

14. 14 our responsibility for loss or damage suffered by you
    1. 14.1

       These terms only apply to Users and Project Planners who use our Site as consumers.

    2. 14.2

       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.

    3. 14.3

       If you are a business user:

       • We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
       • 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:
         • i. Use of, or inability to use, our Site.
         • ii. Use of or reliance on any content displayed on our Site.
       • In particular, we will not be liable for:
         • i. Loss of profits, sales, business, or revenue.
         • ii. Business interruption.
         • iii. Loss of anticipated savings.
         • iv. Loss of business opportunity, goodwill or reputation.
         • v. Any indirect or consequential loss or damage.
    4. 14.4

       If you are a consumer:

       • Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
       • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
15. 15 Acceptable Use Policy
    1. 15.1

       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").

    2. 15.2

       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. 15.3

       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 in rights you are giving us to use material you upload CLAUSE 22.

    4. 15.4

       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 21.

    5. 15.5

       Whether as a user or Project Planner, you may not use our Site:

       • In any way that breaches any applicable local, national or international law or regulation.
       • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
       • For the purpose of harming or attempting to harm minors in any way.
       • To bully, insult, intimidate or humiliate any person.
       • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards.
       • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
       • 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
       • To upload terrorist content.
    6. 15.6

       Whether you use our Site as a user or Project Planner, you also agree:

       • Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of the these terms and conditions.
       • Any part of our Site.
       • Any equipment or network on which our Site is stored.
       • Any software used in the provision of our Site.
       • Any equipment or network or software owned or used by any third party.
    7. 15.7

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

    8. 15.8

       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:

       • Immediate, temporary or permanent withdrawal of your right to use our Site.
       • Immediate, temporary or permanent removal of any Contribution (as defined below) uploaded by you to our Site.
       • Issue of a warning to you.
       • 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.
       • Further legal action against you.
       • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
    9. 15.9

       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.

    10. 15.10

        You are solely responsible for securing and backing Whether you use our Site as a User or Project Planner.

    11. 15.11

        We do not store terrorist content.

16. 16 We are not responsible for websites we link to
    1. 16.1

       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. 16.2

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

    3. 17 User-generated content is not approved by us

    4. 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.

    5. 18 How to complain about content uploaded by other users

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

    7. 19 Interactive Services
       1. 19.1

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

          • Commenting and chat room facilities.
          • Bulletin boards,(the "Interactive Services").
       2. 19.2

          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).

       3. 19.3

          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.

       4. 19.4

          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.

       5. 19.5

          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.

    8. 20 Content Standards
       1. 20.1

          These content Standards apply to any and all material which you contribute to our Site ("Contribution"), and to any Interactive Services associated with it, whether as a User or Project Planner.

       2. 20.2

          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. 20.3

          We will determine, in our sole discretion, whether a contribution breaches the content standards.

       4. 20.4

          A contribution must:

          • be accurate (where it states facts or statistics).
          • be genuinely held (where it states opinions).
          • comply with the law applicable in England and Wales and in any country from which it is posted.
       5. 20.5

          A Contribution must not:

          • Be defamatory of any person.
          • Be obscene, offensive, hateful or inflammatory.
          • Bully, insult, intimidate or humiliate.
          • Promote sexually explicit material.
          • Include child sexual abuse material.
          • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
          • Infringe any copyright, database right or trade mark of any other person.
          • Be likely to deceive any person.
          • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
          • Promote any illegal content or activity.
          • Be in contempt of court.
          • Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
          • Be likely to harass, upset, embarrass, alarm or annoy any other person.
          • Impersonate any person or misrepresent your identity or affiliation with any person.
          • Give the impression that the Contribution emanates from us, if this is not the case.
          • 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.
          • 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.
          • 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).
       6. 21 Infringing content
       7. 21.1

          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:

          • Your contact details (including full name, postal address, telephone contact number and email address).
          • A copy of or link to the URL where you found the material.
          • 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
          • Where you believe your rights have been infringed, proof that you are the holder of such rights or an authorised representative.
       8. 21.2

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

          • We will aim to acknowledge receipt of your notification by email within 2 working days and will make an initial assessment of the complaint.
          • Upon receipt of a valid complaint the material will be temporarily removed from our Site, pending investigation.
          • 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.
          • We will try to resolve the issue swiftly and amicably to the satisfaction of all parties with the following possible outcomes:
            • The material will be reinstated onto our Site unchanged.
            • The material will be reinstated onto our Site with changes.
            • The material will be permanently removed from our Site.
          • We will notify you of the outcome of the investigation as soon as reasonably possible.
       9. 22 Rights you are giving us to use material you upload
       10. When you upload or post content to our Site, you grant us the following rights to use that content:
           • 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 service provided by our Site and across different media, including to promote the site or the service, forever. and
           • 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 forever.
       11. 23 How we may use your personal information
       12. We will only use your personal information as set out in our Privacy Policy.
       13. 24 We are not responsible for viruses and you must not introduce them
       14. 24.1

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

       15. 24.2

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

       16. 24.3

           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.

       17. 25 Rules about linking to our Site
       18. 25.1

           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.

       19. 25.2

           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.

       20. 25.3

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

       21. 25.4

           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.

       22. 25.5

           We reserve the right to withdraw linking permission without notice.

       23. 25.6

           The website in which you are linking must comply in all respects with the Content Standards set out in the Acceptable Use Policy CLAUSE 15.

       24. 25.7

           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.

       25. 26 Which country's laws apply to any disputes?
       26. 26.1

           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.

       27. 26.2

           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.