TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS FOR A SUBSCRIPTION FOR PLANNING PORTAL CONFERENCE (Webinar).
THIS AGREEMENT IS MADE ON BETWEEN:
(1) PORTALPLANQUEST LIMITED (PPQ) a company registered in England and Wales with company number 09400439 and whose registered address is PortalPlanQuest Limited, 1390 Montpellier Court, Gloucester Business Park, Brockworth, Gloucester, GL3 4AH. (‘the Supplier’) and
(2) You the ('the Customer').
PURPOSE OF THIS AGREEMENT
The Customer wishes to employ the services of the Supplier to provide webinar services in relation to the recorded subject streams of the Planning Portal Virtual Conference. In accepting the service the Customer agrees to be bound by either the terms and conditions your subscription agreement with the Supplier (the "Agreement")
By agreeing to the Terms and Conditions you are bound by and agree to all relevant Terms and Conditions of PortalPlanQuest Limited.
The following Conference Terms and Conditions shall constitute a Contract of Agreement between you as a participant in the Planning Portal Annual Conference.
1.DEFINITIONS1.1 In this Agreement the following terms shall have the following meanings:
'Authorised Users' is the Customer accessing the Webinar and Webinar Materials authorised by the Customer and Supplier who have subscribed to and paid the relevant Conference fee;
'Commencement Date' means the date that the fee is paid.
‘Content’ means: (1) any information, data, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, or other materials that you post, upload, share, submit, or otherwise provide in any manner to the Service and (2) any other materials, content, or data you provide to the Planning Portal or use with the Service. Without affecting any other remedies available to us, The Planning Portal may permanently or temporarily terminate or suspend a user’s account or access to the Service without notice or liability if the Planning Portal (in its sole discretion) determines that a user has violated this Acceptable Use Policy.
'Fee' means the fees charged by the Supplier in relation to the provision of the Webinar and Webinar Materials;
'Service' means jointly the Webinar and Webinar Materials provided to the Authorised User;
'Webinar' means the recorded subject streams for the Planning Portal Virtual Conference 2020 webinar.
'Webinar Materials means all presentations, material, question, notes and any other materials supporting the Webinars written by the Supplier or its third-party suppliers to be supplied to the Authorised Users as part of the Conference service.
2.WHO WE ARE?2.1 The Planning Portal is owned and managed by PortalPlanQuest Limited (PPQ), a subsidiary of TerraQuest Solutions Limited. TerraQuest is part of the Mears Group.
3.COMMENCEMENT3.1 This Agreement starts on the Commencement Date (subject to the terms of this Agreement).
4.FEES4.1 The Customer shall pay to the Supplier the agreed per Authorised User Fee inclusive of VAT for the Webinar. The Customer shall pay the Fee to the Supplier prior to the Webinar.
5.LICENCE5.1 Subject to any Additional Terms (as defined below) which may apply for specific materials and payment of the Fee, the Supplier grants an Authorised User a non-exclusive, non-transferable, limited licence to access and use the Webinar Materials from time to time made available to the Authorised User for the purposes only of (i) research or study, (ii) providing professional service to the Authorised User's clients, and (iii) providing academic service to students. This licence is subject to the following limitations:
(a) The right to electronically display Webinar Materials is limited to the display of such Webinar Materials primarily to one person at a time;
(b) The right to obtain a printout of the Webinar Materials is limited to a printout of a reasonable portion of the Webinar Materials (collectively, "Authorised Printouts"); and
(c) The right to retrieve and store machine-readable copies of the Webinar Materials is limited to the retrieval of a single copy of a reasonable portion of the Webinar Materials and storage of that copy in machine readable form for no more than 90 days, primarily for one person's exclusive use, to the extent the storage of those Webinar Materials is not further limited or prohibited by the Additional Terms.
5.2 To the extent expressly permitted by applicable copyright law and not further limited or prohibited by the Additional Terms, the Authorised User may make copies of Authorised Printouts and distribute Authorised Printouts and copies.
5.3 Except as specifically provided in these sections, the Authorised User is otherwise prohibited from downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing, or using the Webinar Materials. All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.
5.4 All right, title, and interest (including all copyrights and other intellectual property rights) in the Service (in both print and machine-readable forms) belong to the Supplier or its third-party suppliers. The Customer and or the Authorised User acquires no ownership of copyright or other intellectual property rights or proprietary interest in the Service, or copies thereof.
5.5 Except as specifically provided herein, the Customer and or the Authorised User may not use the Service in any fashion that infringes the copyright or proprietary interests therein.
5.6 The Customer and or Authorised User may not remove or obscure the copyright notice or other notices contained in the Service.
6.ACCESS TO SERVICE6.1 Only Customer's Authorised Users authorised by both the Supplier and the Customer shall be entitled to access and use the Service.
6.2 Content and features may be added to or withdrawn from the Service and the Service otherwise changed without notice.
6.3 The Customer must ensure that each person having access to the Service and Webinar Materials: (a) is an Authorised User; and (b) is using the Service only in accordance with this Agreement and the Additional Terms.
6.4 It is an express term of this Agreement that the Customer advises the Supplier how many Authorised Users shall be accessing the Webinar and the Webinar Materials. The Fee shall be based on the number of Authorised Users. In the event that the number changes the Customer shall immediately notify the Supplier of the same and pay the Supplier the additional amount due. In the event that the Customer fails to notify the Supplier of the correct number of Authorised Users the Supplier shall be entitled to treat such failure as a material breach of contract and terminate this Agreement immediately and pursue the Customer for all the Supplier's direct and consequential losses arising from the Customer's breach of contract including the Supplier's legal fees. On the other hand, Individual Authorised Users shall send a separate email containing the requirements to
6.5 The Supplier will provide the Customer a username and password to access the Webinar via email as confirmation of the Customer's order.
6.6 All reasonable efforts will be made to ensure that the Webinar takes place on the advertised date and time. In the event that the Webinar does not take place, an alternative date/time will be scheduled. The Supplier reserves the right to substitute speakers and or where events beyond its reasonable control prevent speakers from appearing. The Customer accepts that there will be no right to any refund or cancellation in these circumstances.
6.7 The Customer consents to the Supplier monitoring the Authorised Users that access the Webinar, including the number of computers and their IP addresses to ensure that the unique usernames and passwords have not been distributed beyond those Authorised Users.
6.8 The Customer may substitute an Authorised User to view the Webinar at any time and at no extra cost, on the condition that: (a) The Customer does so in writing to firstname.lastname@example.org; (b) The Customer/ Authorised User has not yet registered via the technology provider webinar database, thus activating their email address for the Webinar.
7.User Conduct7.1 You agree not to send or otherwise make available content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, or contains hate speech.
7.2 You acknowledge that the Planning Portal may or may not pre-screen text message content you provide, but shall have the right, without obligation and in its sole discretion, to pre-screen, refuse, or remove any content you make available, including content that violates this section.
8.Acceptable Use8.1 In order to keep our Products, Software, and Service up and running we need to avoid misuse and/or abuse of them. We reserve the right to remove content that is inconsistent with the spirit of the guidelines, even if it’s something that is not expressly forbidden. In other words, if you do something that isn’t listed here verbatim, but it looks like something that should be listed here, we may still remove it.
8.2 Wrongful Activities
- Misrepresentation of yourself, or disguising the origin of any content (including by "spoofing", "phishing", manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with the Planning Portal or any third party)
- Using the Service to violate the privacy of others, including publishing or posting other people's private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from our Service
- Using our Service to stalk, harass, or post direct, specific threats of violence against others
- Using the Service for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws)
- Accessing or searching any part of the Service by any means other than our publicly supported interfaces (for example, "scraping")
- Using meta tags or any other "hidden text" including The Planning Portal’s or our suppliers’ product names or trademarks
- Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our service
- Tampering with, reverse-engineering, or hacking our Service, circumventing any security or authentication measures, or attempting to gain unauthorised access to the Service, related systems, networks, or data
- Modifying, disabling, or compromising the integrity or performance of the Service or related systems, network or data
- Deciphering any transmissions to or from the servers running the Service
- Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as:
- Using "robots," "spiders," "offline readers," or other automated systems to sends more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser
- Exceeding the Fair Usage Limits for any given Service as described in its corresponding documentation
- Consuming an unreasonable amount of storage for music, videos, pornography, etc., in a way that’s unrelated to the purposes for which the Service were designed.
- Using the Service to generate or send unsolicited communications, advertising, chain letters, or spam
- Soliciting our users for commercial purposes, unless expressly permitted by The Planning Portal
- Disparaging The Planning Portal or our partners, vendors, or affiliates
- Promoting or advertising products or service other than your own without appropriate authorization
- Inappropriate Content
- Posting, uploading, sharing, submitting, or otherwise providing content that:
- Infringes the Planning Portal’s or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right
- You don’t have the right to submit
- Is deceptive, fraudulent, illegal, obscene, defamatory, libellous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Centre for Missing and Exploited Children), indecent, harassing, hateful
- Encourages illegal or tortious conduct or that is otherwise inappropriate
- Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition
- Contains viruses, bots, worms, scripting exploits, or other similar materials
- Is intended to be inflammatory
- Could otherwise cause damage to the Planning Portal or any third party
9.DATA PROTECTION9.1 Conference Webserver - Protocols
When you visit our Conference website our server automatically collects personal information such as your IP address (including the domain name associated with the IP address, i.e. using reverse look-up), the date and time of your visit to our website, the pages you visited on our website and the browser you are using etc. It also stores, where this is available, the country from which you are accessing our website (only the ending is saved (e.g. UK), since this indicates the relevant country) the language of the browser you are using, the website from which you are accessing our website, the search word used (if our site is accessed via a search engine), as well as the type of connection and operating system. We use this information to constantly improve your website experience.
9.2 Personal Data You Provide
In general, you do not need to provide personalised information to access our websites. Your personal data, for example your name, address, telephone number, email address, etc., are stored only if you provide us with this information in order to use one of the service on our website (e.g. registering for the Conference).
9.3 Purpose and Legal Basis for Processing
Our purpose for collecting this information is so we can facilitate the event and provide you with an acceptable service. The legal basis we rely on for processing your personal data is your consent under article 6(1)(a) of the GDPR.
This data is only processed and used for other purposes (e.g. sending additional information about our company and products) if you have given us your advance consent to do so. Your consent is also required to transmit your personal data to third parties outside the legally permitted circumstances.
9.4 What we Need
If you wish to attend our event, you will be asked to provide your contact information including your organisation’s name and, if offered a place, information about any requirements you may need. We will also ask for payment of relevant fees to attend.
When booking your attendance, you will be asked if you wish to be contacted by sponsored parties. Depending on how you reply, sponsored parties may contact you by post or email with information or offers regarding their goods and service.
Recording and Screen Shots
During the course of the conference certain parts of the event may have screen shots taken and/or recorded. When registering for the show you are also giving permission to have screen shots taken and/or recorded. The screen shots and/or recording will be used for public display and/or sale after the show.
9.5 Why we Need it
We use this information to facilitate the event and provide you with an acceptable service. We also need this information so we can respond to you.
9.6 What We Do with it
If you are allocated places at an event, we’ll ask for information about any special requirements. We don’t share this information in any identifiable way with the venue, and we delete it after the event.
9.7 How Long We Keep It
For information about how long we hold personal data, see our retention schedule.
9.8 What Are Your Rights?
We rely on your consent to process the personal data you give us to facilitate the event. This means you have the right to withdraw your consent at any time. If you do that, we’ll update our records immediately to reflect your wishes.
For more information on your rights please see our Terms and Conditions
10.TERMINATION BY SUPPLIER10.1 The Supplier may by written notice terminate this Agreement or suspend its performance of all or any of its obligations under it immediately and without liability for compensation or damages if: (a) the Customer/ Authorised User fails to comply with any of its obligations under this Agreement or any agreement or deed supplemental to it and the failure (if capable of being remedied) remains un-remedied for 14 days after being brought to the Customer's attention by written notice from the Supplier; (b) the Customer becomes bankrupt, has a receiving order made against him, makes any arrangement with his creditors generally or takes or suffers any similar action as a result of debt; (c) the Customer is guilty of any act which brings the Supplier into disrepute or which in the Supplier's reasonable opinion is prejudicial to the Supplier's interests; or (d) the Customer purports to assign the burden or benefits or charge the benefits of this Agreement.
10.2 In all other circumstances with the exception of the above the Supplier may by written notice terminate this Agreement or suspend its performance of all or any of its obligations under it on serving of 14 days' notice. The Supplier's only obligation in this event shall be the pro rata refund of any charges paid in advance.
11.CANCELLATIONS AND REFUNDS POLICY11.1 Customers who have purchased a subscription for the Conference Webinars may cancel their booking, on the condition that they do so in writing to email@example.com. There will be no refunds.
12.LIMITED WARRANTY12.1 The Supplier represents and warrants that it has the right and authority to make the Service available pursuant to this Agreement.
12.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 12, THE SERVICE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE SUPPLIER MAKES NO EXPRESS WARRANTIES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICE ARE OR WILL BE COMPLETE OR FREE FROM ERRORS OR THAT INFORMATION WILL CONTINUE TO BE AVAILABLE TO THE SUPPLIER TO ENABLE THE SUPPLIER TO KEEP THE SERVICE UP-TO-DATE.
13.LIMITATION OF LIABILITY13.1 To the maximum extent permitted by law, a Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Service or any Webinar Materials available or not included therein, (b) the unavailability or interruption to the supply of the Service or any features thereof or any Webinar Materials, (c) Customer's use or misuse of the Service or Materials (regardless of whether the Customer received any assistance from a Covered Party in using or misusing the Service), (d) the Customer's use of any equipment in connection with the Service, (e) the content of the Webinar Materials and the Service, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any negligence of a Covered Party or its employees, contractors or agents in connection with the performance of its obligations under this agreement.
13.2 "Covered Party" means (a) the Supplier, the Suppliers' affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the Supplier or the Suppliers' affiliates; and (b) each third party supplier of the Webinar Materials, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of the Webinar Materials or any of their affiliates.
13.3 The Supplier's liability to the Customer for breach of any condition or warranty implied under any law which cannot be lawfully modified or excluded by this Agreement shall, to the extent permitted by law, be limited at the Supplier's option to supplying the Service or Webinar Materials again or paying for their re-supply. Nothing in this Agreement is intended to exclude liability for death or personal injury resulting from any negligence by the Supplier.
13.4 The Supplier's liability to the Customer for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that the Customer caused or contributed to that loss or damage.
13.5 SUBJECT TO CLAUSE 13.3, THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT OF THE CUSTOMER'S ACTUAL DIRECT DAMAGES. THE CUSTOMER'S RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH THE CUSTOMER MAY HAVE AGAINST ANY COVERED PARTY.
13.6 SUBJECT TO CLAUSE 13.3, THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICE, WEBINAR MATERIALS, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
13.7 The Service are provided for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgment or to provide legal advice with respect to particular circumstances.
13.8 Whilst reasonable efforts are made to keep the Service up to date, the Customer should obtain independent verification or advice before relying upon any piece of information in circumstances where loss or damage may result.
13.9 Any password / ID number issued by us to an Authorised User is personal and confidential to that Authorised User. If the Supplier suspects that any password / ID is being used by an Unauthorised User or a different Authorised User to the person to whom it was issued, that Password / ID may be cancelled.
13.10The Customer agrees that in the event that the Customer breaches the Supplier's intellectual property contained in the Service it shall indemnify the Supplier for any actual or alleged infringement of any intellectual property right, including without limitation, trademarks, service marks, patents, copyrights, misappropriation of trade secrets or any similar property rights. The Customer further agrees to indemnify and hold the Supplier's affiliates and their respective officers, directors, employees and agents harmless from and against any and all liabilities, costs, losses, damages and expenses (including reasonable legal fees) associated with such claim or action On condition that: (a) the Supplier shall promptly notify the Customer of any such claim or action; (b) the Supplier shall reasonably cooperate with the Customer in the defence of such claim or action at the Customer's expense; (c) the Customer shall have the sole right to conduct the defence of any such claim or action and all negotiations for its settlement or compromise.
14.MISCELLANEOUS14.1 No waiver. A waiver by the Supplier of any breach by the Customer hereto of any terms, provisions or conditions of this Agreement or the acquiescence the Supplier hereto in any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term provision or condition or of any subsequent act contrary thereto.
14.2 Entire understanding. This Agreement embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written, express or implied other than those contained in this Agreement.
14.3 Variation. No variation or amendment of this Agreement or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both parties.
14.4 Prior agreements. This Agreement is in substitution of all previous contracts, express or implied, between the Supplier and the Customer which shall be terminated by mutual consent from the Commencement Date.
14.5 Law and jurisdiction. This Agreement shall be governed by English law and the Customer consents to the exclusive jurisdiction of the English courts in all matters regarding it except to the extent that the Supplier invokes the jurisdiction of the courts of any other country.
14.6 Notices. Any notice given under this Agreement shall be in writing and may be served: personally; by registered or recorded delivery mail; by facsimile transmission; or by any other means which any party specifies by notice to the other.
Each party's address for the service of notices shall be the address set out above or such other address as he specifies by notice to the other party.
A notice shall be deemed to have been served: if it was served in person, at the time of service; if it was served by post, 48 hours after it was posted; and if it was served by facsimile transmission, at the time of transmission.
Contracts (Rights of Third Parties). Subject to clause 10.10 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Interpretation. In this Agreement words expressed in any gender shall where the context so requires or permits include any other gender.
No Assignment. The Customer may not assign its rights or delegate its duties under this Agreement without the Supplier's prior written consent.
Third Party Suppliers Each third-party supplier of Webinar Materials has the right to assert and enforce this Agreement directly on its own behalf as a third party beneficiary.
15.DISCLAIMER15.1 Your use of the Planning Portal Conference service is subject to the following:
15.2 The Conference Webinar Terms and Conditions, your agreement for access to Planning Portal service and the points below (together the "Terms") apply to the Conference service. By using this service, you confirm that you have authority to use the Conference Service and to agree to and accept the Terms.
15.3 We do not provide and are not providing legal advice. You are solely responsible for your use of, and/or any reliance on, the Conference service, responses to questions or the content of other Planning Portal materials. You accept that your use of the Conference service (including any reply from us) does not create or imply a lawyer-client relationship of any kind. You accept that we do not owe you any duty of care.
15.4 We are under no obligation to respond to your question or to respond within any particular timeframe. We may, at our discretion, publish your question (in an anonymised form) and our response as a Q&A document for other users to view, either in its original form or in a form edited by us. We may also remove any Q&A document at any time for any reason.
15.5 It is your responsibility to ensure that you do not include confidential, personal or other proprietary information in your submissions.
15.6 The Conference service is governed by English law.