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Plan My Event App Ltd – End User Licence Agreement

Welcome to the Plan My Event App (the App). Please read these licence terms carefully.

If you continue to browse and use this App, you are agreeing to comply with, and be bound by, the following terms and conditions of use, which together with our privacy policy govern Plan My Event App’s relationship with you in relation to this App. If you disagree with any part of these terms and conditions, please do not use our App.

1.Definitions

• The term ‘Plan My Event App’ or ‘us’ or ‘we’ refers to the owner of the App whose registered office is 6 Parsonage Close, Rusthall, Kent TN4 8TZ. Our company registration number is 15095507.

• The term ‘you’, ‘users’ refers to the users or viewers of our application.

• The term ‘business user’ refers to users who have set up an account to advertise on the App.

• The term ‘App’ refers to the Plan My Event App.

2. User and Business Profiles

This App can be used by two different types of users:

(1) those who are browsing the directories and planning events (Users); and

(2) those who have purchased a subscription to advertise, as a business, on the App (Business Users).

Both Users and Business Users must set up a user account and profile to use the App. When first setting up an account both types of users will have the option to create a business profile. This is for the Business Users, who will be able to create multiple business profiles for different businesses and brands. Each individual business profile will be subject to an annual subscription payment (the Subscription). Business Users purchasing a Subscription will need to agree to additional Terms and Conditions for the purchase of the Subscription, which will be presented for review and agreement at the point of purchase.

Payments for Business Users on this App are processed via the Stripe payment facility and will be subject to their own terms and conditions and privacy policy, available here https://stripe.com/gb/privacy

The Subscription is charged annually to enable the business profiles to be set up and to use our App for advertising purposes. If you wish to advertise an event after the expiry of your subscription period, you will need to pay for a further subscription period to enable that event to be advertised on the App.

Business Users can create their own profiles and accounts. Any information provided by Business Users on their profiles will be available to any User who browses the App.

3. Licence

We licence you to use:

1. the Plan My Event App mobile application software and any updates or supplements to it; and

2. the service provided on the App and the content we provide to you through it (the Service), as permitted in these terms.

4. Privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in Privacy Policy and it is important that you read that information.

5. App and Play Store’s terms also apply

The ways in which you can use the App may also be controlled by Apple App Store or Google Play Store’s rules and policies, and so you need to be familiar with these when you download the App. Apple or Google’s rules and policies will apply instead of these terms where there are differences between the two.

6. Operating system requirements

This App requires a tablet or mobile phone device with a minimum of 1,000 Mb of memory and an operating system of at least IOS12 or Android 12..

7. Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources contained within the App.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at customerservice@planmyeventapp.co.uk.

How we will communicate with you. If we have to contact you we will do so by email or by SMS, using the contact details you have provided to us.

8. How you may use the App, including devices you may use it on

In return for your agreeing to comply with these terms you may:

• download or stream a copy of the App onto your mobile phone or any other handheld device that you own, to view, use and display the App and the Service on such devices for your personal purposes only.

• use any documentation we may provide to you, to support your permitted use of the App and the Service.

• provided you comply with the ‘Licence Restrictions’ below, make up to 1 copy of the App for back-up purposes; and

• receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

9. You must be 18 to accept these terms and buy the App

You must be 18 or over to accept these terms, use the App or buy a subscription (if you are a business profile user).

10. You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

11. Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days notice of any change by sending you an emailwith details of the change or notifying you of a change when you next start the App.

If you do not accept the notified changes you may continue to use the App and the Service in accordance with the existing terms but certain new features may not be available to you.

12. Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you first downloaded it.

13. If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

14. We are not responsible for other websites you link to

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

15. Licence Restrictions

You agree that you will:

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

• not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

1. is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

2. is not used to create any software that is substantially similar in its expression to the App;

3. is kept secure; and

4. is used only for the Permitted Objective.

• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

16. Acceptable use restrictions

You must:

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);

• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

17. Intellectual property rights

All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.

18. Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

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 or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, 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.

We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. We are also not responsible for any of the service providers or events advertised on the App, and you take up the services advertised on the App or attend any of the events at your own risk. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in any of our supporting documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.

19. We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

• You must stop all activities authorised by these terms, including your use of the App and any Services.

• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

• We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

20. We may transfer this agreement to someone else

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.

21. If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

22. Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

23. Which laws apply to this agreement and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Plan My Event App Business User Subscription Terms and Conditions

These terms and conditions apply to the purchase, by a business user, of an annual subscription on the Plan My Event App. These terms may have changed since you last reviewed them, so please ensure you re-review these terms each time you make a subscription purchase.

Where to find information about us and our services

You can find everything you need to know about us, Plan My Event App Limited, and our services on our App, on our website or from our team before you order. We also confirm the key information to you in writing before you purchase a subscription, either by email or in your online account.

This is our entire agreement with you

These terms constitute the entire agreement between us in relation to your purchase of the Business User subscription. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation based on any statement in this agreement.

We charge you when you order

We take payment at annual intervals when you place your order via our website, as explained to you during the order process.

No right to change your mind. As a business customer, you are not permitted to change your mind about a subscription order, and once payment has been made the subscription will run for one year and you will not be entitled to a refund.

How you can end your subscription

We tell you when and how you can end your subscription with us during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please contact our Customer Service Team at customerservice@planmyeventapp.co.uk.

We can change services and these terms

We can always change our services in relation to the subscription service:

to reflect changes in relevant laws and regulatory requirements;

to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the App; and

to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

We can suspend the supply of the subscription services. We do this to:

deal with technical problems or make minor technical changes; or

update the App to reflect changes in relevant laws and regulatory requirements.

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending the subscription/App service, unless the problem is urgent or an emergency. If we suspend the subscription/App for longer than 1 day in any 7 day period, we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 7 days you can contact our Customer Service Team at customerservice@planmyeventapp.co.uk to end the contract and we'll refund any sums you've paid in advance for subscription services you won't receive.

We can withdraw the subscription

We can stop providing the subscription for the App at any time. We will let you know at least 7 days in advance and will refund any sums you've paid in advance for services which won't be provided.

We can end our contract with you

We can end our contract with you for the subscription services and claim any compensation due to us if you don't make any subscription payment to us when it is due.

We don't compensate you for all losses caused by us or our products

We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us.

Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for the App subscription.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:

death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

fraud or fraudulent misrepresentation;

breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

defective products under the Consumer Protection Act 1987.

No implied terms about goods. We exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Policy

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team at customerservice@planymyeventapp.co.uk will do their best to resolve any problems you have with us or our App.

You can go to court. These terms are governed by English law. You irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying the subscription. We'll contact you to let you know if we plan to do this.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

By Choosing to Sign up you agree to and are bound by the privacy rules, terms and conditions outlined above.

I have read and understood the terms and conditions.

Please check this both to confirm you agree to opt in to our marketing policy including contact frequency and want to sign up.

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Please check your emails for verification instructions. Please note your account can be deleted from the my account menu option in the www.planmyeventapp.co.uk website.