1. BACKGROUND
These terms of use, together with the documents referred to herein, provide the terms of use on which you may use (whether as a guest or a registered user) our my.plan Mobile Application.
2. INFORMATION ABOUT US
The my.plan mobile application (the “Application”) is operated by or on behalf of Plan Communications Holding Limited or by one of our subsidiary companies (together “We” or “Us” or “Our”).
We are registered in the Isle of Man under company number 010273V and Our head office is at No.5 Victoria Street, Douglas, Isle of Man, IM1 2LR. Our VAT number is GB 004-1360-38.
3. ACCESSING OUR APPLICATION
Access to Our Application is permitted on a temporary basis, and we reserve the right to withdraw or amend (i) Our Application; or (ii) the service we provide on Our Application without notice (see below). We will not be liable if for any reason Our Application is unavailable at any time or for any period. From time to time, we may restrict access to Our Application or some parts of Our Application to users who have registered with us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with the provisions of these Mobile Application Terms of Use.
When using Our Application, you must comply with the provisions of our Use Policy. You are responsible for making all arrangements necessary for you to have access to Our Application. You are also responsible for ensuring that all persons who access Our Application through your internet connection are aware of these Mobile Application Terms of Use, and that they comply with them. We do not warrant or guarantee:
- that Our Application will be virus or error free; or
- the accuracy of information provided on Our Application.
Whilst we make all reasonable attempts to exclude viruses and errors from Our Application, we cannot ensure such exclusion and no liability is accepted for viruses or errors. You are therefore recommended to take all appropriate safeguards before downloading information or images from Our Application.
All information, references and other details contained in Our Application are provided in good faith and believed to be correct, but any user intending to act upon information published on Our Application should not rely on them as statements of fact, but must satisfy themselves otherwise as to the correctness of them.
4. INFORMATION SERVICES
We may provide certain information services on Our Application that includes, but is not limited to location data, mobile data usage, call records, news and events that can be accessed by users by means of Our Application (the “Information Services”).
Reliance on any information provided on Our Application by means of our Information Services or otherwise is done so entirely at the user’s own risk and we accept no responsibility whatsoever and shall not be liable to the user for any direct or indirect loss, including any loss of profit, reputation, goodwill or business, suffered by the user as a result of reliance on such information or otherwise.
We make no representations or warranties, express or implied, on the quality of the content and streaming speed of our Information Services or its availability on any user device or on Our Application.
We reserve the right to change, vary, suspend, replace, discontinue, withdraw or terminate our Information Services or any content on Our Application at our absolute discretion and without prior notice.
For the avoidance of doubt, our provision of the Information Services shall be considered as part of Our Application by means of which it is accessed and so all provisions regarding a user’s access of Our Application in these Mobile Application Terms of Use shall also apply to the provision of the Information Services.
5. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights that are contained in Our Application and in the material published thereon and in the Information Services. All such rights are reserved.
Any and all proprietary rights, including patent rights, inventions, copyrights, trademarks and trade secrets, in and to Our Application shall be and remain with Us and that the user has no rights to modify, transfer, copy, duplicate, reverse engineer, decompile, recreate, retransmit, disseminate, sell, lend, distribute, publish, broadcast, circulate, give, donate or commercially exploit Our Application, with or without charge, or prepare any derivative works with respect to, or disclose confidential information pertaining to, Our Application or any part thereof.
No rights, title or interest in respect of the Application are granted to the user and if and to the extent that, notwithstanding the foregoing sentence, the user obtains or retains an interest in any such rights, title or interest, the User hereby irrevocably assigns and transfers to Us any right, title, or interest that the user has or may have in our Application under copyright, patent, trade secret and trademark law, in perpetuity or for the longest period otherwise permitted by law, without the necessity of further consideration.
You must not use any part of the materials on Our Application for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of Our Application in breach of these Mobile Application Terms of Use, your right to use Our Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Resale of any information that is provided on Our Application is expressly forbidden.
6. RELIANCE ON INFORMATION POSTED OR PROVIDED
Commentary and other materials posted on Our Application or provided by means of the Information Services are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Application, or by anyone who may be informed of its contents.
7. OUR APPLICATION CHANGES REGULARLY
We aim to update Our Application regularly and may change the content at any time. If the need arises, we may suspend access to any or all of Our Application, or close it indefinitely. The material on Our Application may be out of date at any given time, and we are under no obligation to update such material.
8. OUR LIABILITY
The material displayed on Our Application is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies, our suppliers, each party that advertises from time to time on Our Application and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; or
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Our Application or in connection with the use, inability to use, or results of the use of Our Application, any Website linked to Our Application and any materials posted thereon, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
9. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR APPLICATIONS
We process information about you in accordance with our privacy policy and our Cookie Policy. By using Our Application, you consent to such processing and you warrant that all data provided by you is accurate.
10. TRANSACTIONS CONCLUDED THROUGH ANY OF OUR APPLICATIONS
10.1 Contracts formed through Our Application or as a result of visits made by you to Our Application for the supply of equipment or the provision of services to you:
- by Us are governed by our terms and conditions of supply, a copy of which can be found at plan.com; or
- by a third party (excluding Us) are governed by our classified advertisement terms and conditions.
11. UPLOADING MATERIAL TO OUR APPLICATION
Whenever you make use of a feature that allows you to upload material to Our Application, or to make contact with other users of Our Application, you must comply with the content standards set out in our Use Policy.
You warrant that any such contribution does comply with those standards, and you indemnify us fully and effectively:
- for any breach of that warranty; and
- from and against all costs, claims, liability, expenses (including legal expenses), damages and losses incurred by us as a result of a breach by you of the provisions contained in this clause 11, whether arising under tort, statute or otherwise.
Any material that you upload to Our Application will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to Our Application constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of Our Application. We have the right to remove any material or posting you make on Our Application if, in our opinion, such material does not comply with the content standards set out in our Use Policy.
12. VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse Our Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Application, the server on which Our Application is stored, or any server, computer or database connected to Our Application. You must not attack Our Application 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 Application will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Application or to your downloading of any material posted thereon, or on any website linked thereto.
13. LINKING TO OUR APPLICATION
You may link to Our Application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website that is not owned by you.
None of Our Application shall be framed on any other site, nor may you create a link to any part of Our Application other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Use Policy.
If you wish to make any use of material on Our Application other than that set out above, please address your request to [email protected].
14. LINKS FROM OUR APPLICATION
Where Our Application contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
These Mobile Application Terms of Use do not apply to any third-party website that is linked from time to time to Our Application.
You should read the terms and conditions pertaining to such third-party Website before using them and direct any questions or comments about the linked website’s contents to the relevant website provider.
15. JURISDICTION AND APPLICABLE LAW
The Isle of Man courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
These Mobile Application Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Isle of Man law.
16. TRADEMARKS
All trading names, brand names, products and service names and titles and copyrights used in Our Application are trademarks, trade names and service marks or copyrights of their respective holders. No permission is given by us for their use by any person other than such holders and such use may constitute an infringement of the holders’ rights.
17. VARIATIONS
We may revise these Mobile Application Terms of Use and the documents referred to herein.
You are expected to review these Mobile Application Terms of Use and to the documents referred to herein from time to time in order to consider any changes that we make hereto and thereto, as such changes will be binding on you once you access Our Application.
Some of the provisions contained in these Mobile Application Terms of Use may also be superseded by provisions or notices published elsewhere on Our Application.
18. SEVERANCE
If any provision of these Mobile Application Terms of Use is found to be invalid or unenforceable by a court, then it will be severed from the rest of these Mobile Application Terms of Use which shall remain unaffected.
19. ENTIRE AGREEMENT
These Mobile Application Terms of Use and the documents and policies referred to herein represent the entire understanding relating to the use of Our Application and supersede all other statements, representations or warranties (whether written, made electronically or orally) that we may have made previously.
Nothing in these Mobile Application Terms of Use shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently.
Any rights not expressly granted in these Mobile Application Terms of Use are reserved by us.
YOUR CONCERNS
If you have any concerns about material which appears on Our Application, please contact [email protected]. Thank you for visiting Our Application.