terms and conditions

Terms of Use

my.plan web platform

1. Background

These terms of use, together with the documents referred to herein (including our Use Policy, Privacy Policy and Cookie Policy), provide the terms on which you may access and use the my.plan web platform through a web browser (the "Platform") ("Platform Terms of Use").

By accessing or using the Platform, you confirm that you accept these Platform Terms of Use and that you agree to comply with them. If you do not agree to these Platform Terms of Use, you must not use the Platform.

Use of the my.plan mobile application is governed separately by the my.plan Mobile Application Terms of Use.

2. Information about Us

The Platform 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.

You can contact Us at [email protected].

3. Accessing the Platform

Access to the Platform is permitted only for registered users, as part of the provision of services by Us to the company or organisation that you work for or act on behalf of (the "Company"). Your access is provided on a temporary basis and will end automatically if the Company's agreement with Us ends, or if the Company withdraws your authority to use the Platform.

The Company may appoint one or more administrators who can create, manage, restrict or remove user accounts on the Platform. We may act on the instructions of the Company or its administrators in relation to your account without further reference to you.

We reserve the right to withdraw or amend (i) the Platform; or (ii) the service We provide on the Platform without notice (see below). We will not be liable if for any reason the Platform is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Platform to particular users or user roles.

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 (including any multi-factor authentication method), you must treat such information as confidential, and you must not disclose it to any third party or allow any other person to use your account. You must notify Us immediately at [email protected] if you know or suspect that your login details have been disclosed or that your account has been used without authorisation. You should log out of the Platform at the end of each session, particularly when using a shared or public device.

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 Platform Terms of Use.

When using the Platform, you must comply with the provisions of Our Use Policy. You are responsible for making all arrangements necessary for you to have access to the Platform, including a suitable device, a supported and up-to-date web browser and an internet connection. We do not warrant or guarantee:

  • that the Platform will be virus or error free;
  • that the Platform will be compatible with every browser, browser version, device or operating system; or
  • the accuracy of information provided on the Platform.

Whilst We make all reasonable attempts to exclude viruses and errors from the Platform, 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, reports or images from the Platform.

All information, references and other details contained in the Platform are provided in good faith and believed to be correct, but any user intending to act upon information published on the Platform 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 the Platform that include, but are not limited to, account and billing information, mobile data usage, call records, location data, reports, news and events that can be accessed by users by means of the Platform (the "Information Services"). Information Services may not be provided in real time and may be subject to delays or later adjustment.

Reliance on any information provided on the Platform 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, completeness or timeliness of Our Information Services or their availability on any user device, browser or on the Platform.

We reserve the right to change, vary, suspend, replace, discontinue, withdraw or terminate Our Information Services or any content on the Platform 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 the Platform by means of which it is accessed and so all provisions regarding a user's access of the Platform in these Platform Terms of Use shall also apply to the provision of the Information Services.

5. Data you access, export or download

The Platform may allow you to view, export or download data relating to the Company's account, including personal data about other individuals such as the Company's employees or other users of the Company's services (for example, call records, usage data or location data).

You must only access, export, download or use such data:

  • for the Company's legitimate internal business purposes;
  • in accordance with the Company's instructions and policies; and
  • in compliance with all applicable data protection laws.

You must keep any data you export or download secure and must not disclose it to any person who is not authorised by the Company to receive it. We are not responsible for any data once it has been exported or downloaded from the Platform.

6. Intellectual property rights

We are the owner or the licensee of all intellectual property rights that are contained in the Platform and in the material published thereon and in the Information Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Subject to your compliance with these Platform Terms of Use, We grant you a non-exclusive, non-transferable, revocable right to access and use the Platform solely for the Company's internal business purposes, for as long as the Company is authorised to give you access.

Any and all proprietary rights, including patent rights, inventions, copyrights, trademarks and trade secrets, in and to the Platform shall be and remain with Us, and 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 the Platform, with or without charge, or prepare any derivative works with respect to, or disclose confidential information pertaining to, the Platform or any part thereof. You acknowledge that you have no right to have access to any software contained within the Platform in source code form.

No rights, title or interest in respect of the Platform are granted to the user other than as expressly set out above and if and to the extent that, notwithstanding the foregoing, 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 the Platform 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 the Platform for commercial purposes other than the Company's internal business purposes without obtaining a licence to do so from Us or Our licensors.

If you print off, copy or download any part of the Platform in breach of these Platform Terms of Use, your right to use the Platform 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 the Platform is expressly forbidden.

7. Reliance on information posted or provided

Commentary and other materials posted on the Platform 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 user of the Platform, or by anyone who may be informed of its contents.

8. The Platform changes regularly

We aim to update the Platform regularly and may change the content, features or functionality at any time. If the need arises, We may suspend access to any or all of the Platform, or close it indefinitely. The material on the Platform may be out of date at any given time, and We are under no obligation to update such material.

9. Our liability

The material displayed on the Platform 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 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; and
  • any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Platform or in connection with the use, inability to use, or results of the use of the Platform, any website linked to from the Platform 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
    • 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.

Nothing in these Platform Terms of Use limits or extends Our obligations to the Company under the Company's agreement with Us. If there is any conflict between these Platform Terms of Use and that agreement, that agreement will prevail as between Us and the Company.

10. Information about you and your use of the Platform

We process personal data about you in accordance with Our Privacy Policy. The Platform uses cookies and similar technologies, as described in Our Cookie Policy. You warrant that all data provided by you is accurate and you agree to keep it up to date.

11. Orders and transactions through the Platform

Where the Platform allows you to place orders, request changes or otherwise transact on behalf of the Company, you confirm that you have the Company's authority to do so, and the Company will be bound by any such order, request or transaction.

Contracts formed through the Platform for the supply of equipment or the provision of services:

  • (a)by Us are governed by the Company's agreement with Us and Our terms and conditions of supply, a copy of which can be found at plan.com; or
  • (b)by a third party (excluding Us) are governed by that third party's own terms and conditions, and We are not a party to them.

12. Uploading material to the Platform

Whenever you make use of a feature that allows you to upload material to the Platform, or to make contact with other users of the Platform, 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 12, whether arising under tort, statute or otherwise.

Any material that you upload to the Platform will be considered non-confidential and non-proprietary (save for any personal data, which We will process in accordance with Our Privacy Policy and the Company's agreement with Us), and We have the right to use, copy and disclose to third parties any such material for the purposes of providing and improving Our services. 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 the Platform 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 the Platform. We have the right to remove any material or posting you make on the Platform if, in Our opinion, such material does not comply with the content standards set out in Our Use Policy.

13. Viruses, hacking and other offences

You must not misuse the Platform 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 the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

You must not:

  • use any robot, spider, scraper or other automated means to access, monitor or extract data from the Platform, other than through any interface We expressly make available for that purpose;
  • attempt to circumvent, disable or interfere with any security, authentication or access-control feature of the Platform;
  • probe, scan or test the vulnerability of the Platform without Our prior written consent; or
  • access or attempt to access any data or account that you are not authorised by the Company to access.

By breaching this provision, you may commit a criminal offence under the Computer Misuse Act 1990 and/or other applicable computer misuse legislation. 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. We may also inform the Company. In the event of such a breach, your right to use the Platform 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 the Platform or to your downloading of any material posted thereon, or on any website linked thereto.

14. Linking to the Platform

You may link to the Platform's login page, 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 or the Company.

No part of the Platform shall be framed on any other site, nor may you create a link to any part of the Platform other than the login 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 the Platform other than that set out above, please address your request to [email protected].

16. Suspension and termination

We may suspend or terminate your access to the Platform, without notice, if you breach these Platform Terms of Use, if We are instructed to do so by the Company, if the Company's agreement with Us ends or is suspended, or if We consider it necessary to protect the security or integrity of the Platform.

On termination of your access, you must stop using the Platform. Clauses 5, 6, 9, 12, 13 and 17 shall survive termination.

17. Jurisdiction and applicable law

The Isle of Man courts will have non-exclusive jurisdiction over any claim arising from, or related to, the use of the Platform, although We retain the right to bring proceedings against you for breach of these Platform Terms of Use in your country of residence or any other relevant country.

These Platform 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.

18. Trademarks

All trading names, brand names, products and service names and titles and copyrights used on the Platform 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.

19. Variations

We may revise these Platform Terms of Use and the documents referred to herein at any time.

You are expected to review these Platform Terms of Use and the documents referred to herein from time to time in order to consider any changes that We make, as such changes will be binding on you once you access the Platform after they take effect.

Some of the provisions contained in these Platform Terms of Use may also be superseded by provisions or notices published elsewhere on the Platform.

20. Severance

If any provision of these Platform Terms of Use is found to be invalid or unenforceable by a court, then it will be severed from the rest of these Platform Terms of Use, which shall remain unaffected.

21. Entire agreement

These Platform Terms of Use and the documents and policies referred to herein represent the entire understanding between you and Us relating to your use of the Platform and supersede all other statements, representations or warranties (whether written, made electronically or orally) that We may have made previously. This does not affect the Company's agreement with Us.

Nothing in these Platform 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 Platform Terms of Use are reserved by Us.

Your concerns

If you have any concerns about material which appears on the Platform, please contact [email protected]. Thank you for using the Platform.