CODE OF CONDUCT & TERMS OF USE OF THE
PLANNING INFORMATION WEBSITE
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I. Introduction
This Code of Conduct and Terms of Use (collectively referred to as the "Code") will apply to each person (“Subscriber”) who wishes to use the Planning Information Website (the "Website") and/or the information made available on the Website by The Traffic Manager Group (“the Website Owner”). This will apply whether the Subscriber is a paid member or someone taking advantage of the free trial
Each Subscriber must comply and adhere to this Code in order to access and use the Website, download any of the reports or use the directory.
In order to use and participate in this Website, all Subscribers must accept this Code by clicking the "I accept" button. Upon such acceptance, each Subscriber will be given a unique login ID which will, for the purpose of security, be monitored and tracked by the Website Owner.
II. The Code
1. Basic Requirements
Each Subscriber and any Template Documents must comply with the following basic standards:
(a) All information and activities must be legal, decent and honest (in terms of English law and standards);
(b) Data protection legislation within English law must be adhered to in order that the collection of personal information is not traded or disclosed illegally;
(c) Distance selling requirements must be complied with as laid down in English law;
(d) Other applicable Trading Standards; Telecommunications or other relevant Guidelines; other English laws and regulations (including but not limited to the laws of defamation, the law relating to intellectual property rights) must not be infringed (as the same are created or amended from time to time).
The Website Owner reserves the right to withdraw from display, or refuse to display any Template Document which fails to adhere to the Code or in its absolute discretion may lead to the Website or the Website Owners being brought into disrepute. The Website Owner reserves the right to terminate access to the Website to any Subscriber it reasonably believes has or intends to breach the Code.
2. Specific Responsibilities of Subscribers
(a) In order to obtain login to the Website and gain access to Template Documents the Subscriber agrees to provide accurate, complete personal information as requested. It is the responsibility of the Subscriber to provide updated personal information. The Website Owners privacy policy relating to use of personal information is set out clearly on the Website.
(b) Each Subscriber is solely responsible for the accuracy, legality, currency and compliance of its Template Documents and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein. The Subscriber shall certify that the Template Document fairly and accurately reflects their invention, business idea or commercial project and is not illegal, immoral or indecent; is not false or misleading and does not infringe third party rights.
(c) The Website Login may only be used by the designated Subscriber, shared access is not permitted. Subscribers may not assign or transfer their subscription.
(d) Access to the Website is provided subject to the condition that there is no abuse or fraudulent use thereof by Subscribers. It is not permitted to re-arrange, tamper with or make any connection to the Website by any trick, scheme, false representation or other fraudulent means.
(e) Each Subscriber is solely responsible for maintaining the confidentiality of its unique login ID, and for its use. As traffic on this Website is monitored, evidence of use of the login ID can be produced to support or defend any dispute or actionable cause or matter which arises in relation to the same. The Website Owner shall not be responsible for any loss or damage incurred through the loss or misuse of the Subscriber login ID.
(f) Subscribers acknowledge that the Internet is not a secure medium and the Website Owner cannot guarantee the security of the Website against hackers or virus contamination. The Website Owner cannot guarantee the privacy or security of any Template Document or Business Plan submitted.
(g) Any material submitted by the Subscriber may not incite violence, sadism, cruelty or racial hatred, facilitate prostitution or paedophilia, be pornographic or obscene, indecent, abusive, offensive or menacing.
(h) Subscribers hereby undertake not to introduce any virus, worm, Trojan horse, cancelbot or other destructive or contaminating program to the Website or instruct or advise any other party how to do so, not to invade the privacy of other Subscribers or collect or transfer any personal data regarding Subscribers without their express consent.
(i) When providing payment or credit card information the Subscriber shall ensure that the same is accurate, complete, up-to-date and that the Subscriber has authority to provide such information.
(j) Where Subscribers collaborate with anyone else other than the Website Owner as a result of use of this Website, they do so as independent contracting parties. Subscribers acknowledge that the Website Owner will not in any way be construed as a party to such collaboration nor be liable nor responsible in any way for the dealings of such collaboration or the parties to such collaboration.
(k) The Subscriber shall pay all fees due promptly on request, access to the information in the Members Area shall be restricted unless payment of the appropriate fee has been met in full. Fees are subject to VAT (where applicable). Fees are not refundable in any circumstances.
(l) The Subscriber accepts full responsibility for compliance with applicable laws.
3. Responsibilities of the Website Owner
(a) Upon receipt of personal information, including but not limited to verifiable name and address, from the Subscriber the Website Owner will enable each Subscriber to login to the Website. The Website Owner will protect and restrict use of personal information in accordance with its privacy policy. The Website Owner may send out information by email from time to time. The Website Owner may be required to disclose personal information in order to comply with its legal obligations.
(b) The Website Owner will manage the Website and enable access to the Members Area in accordance with the Code.
(c) None of the activities undertaken by the Website Owner amounts to invitations or inducements to engage in investment activities.
(d) The Website Owner is responsible for administering any issues arising from Subscribers use of the Website under the Complaints and Sanctions Procedure specified in Section 4 below.
(e) To the best of the knowledge and belief of the Website Owner it is not making and does not intend by the provision of the Website and its services to make regulated financial promotions for the purposes of applicable financial services legislation and no representation or warranty is made to that effect and the attention of Subscribers is drawn to clause 2(n) of the Code.
4. Complaints and Sanctions Procedure
(a) The Website is a facility for Subscribers only and any complaint by a Subscriber must be referred to the Website Owner, who shall have all the powers of an arbiter.
(b) The Website Owner will deal with issues raised expeditiously and where necessary, call upon evidence.
(c) Sanctions available to the Website Owner will include the following:
(i) removing access to the Website from Subscribers;
(ii) referring the matter to the appropriate law enforcement agency, where the issue is of a criminal or illegal nature;
(iv) referring the matter to a court of competent jurisdiction if the issue necessitates the same (e.g. requires an injunction, seizure or similar judicial measure).
5. Indemnity and Waiver
(a) The Website Owner does not warrant that access to the Website by Subscribers will be free from risk of virus or other contamination to the Subscriber’s computer equipment. Use of the Website is at the sole risk of the Subscriber and any downloading of material from the Website is at the Subscriber’s sole discretion and risk. Any damage or loss to the Subscriber’s computer system by such activity shall be entirely at the risk of the Subscriber. Access to the Website may be restricted or prevented during periods of repair, maintenance or restructuring. It is the responsibility of the Subscriber to supply and maintain its own equipment necessary to access the Website and to meet any telephony or other costs associated therewith.
(b) Each Subscriber agrees to indemnify and keep indemnified the Website Owner, their successors and assigns, and each of their respective directors, officers, employees and agents (collectively "Website Owner") from and against any and all liability, damages, losses (including loss of profit, loss of goodwill or other consequential losses), claims ( including reasonable legal fees) resulting in any way from its use of the Website or from any materials otherwise posted on the Website by the Subscriber; from contravention of the Code; or from any other matter relating to its participation herein including but not limited to use of any information contained on the Website, or arising from any introduction or collaboration resulting from use of the Website, or otherwise arising from the Subscriber’s use of the Website.
(c) Each Subscriber waives any right to bring any claim or action against the Website Owners for any loss, damage or injury arising from i) use of the Website, ii) otherwise arising from any of the terms of this Code.
(d) The Website is intended for the use of persons resident within the United Kingdom or who have their business establishment within the United Kingdom. Persons from outside the United Kingdom may only use the services provided by this Website if they are satisfied they may do so under local laws and regulations. Only persons over the age of 18 years may become Subscribers.
6. Exclusion of Warranties and Liability
(a) The Website Owners do not warrant the content, accuracy or veracity of information supplied by local government organisations or otherwise appearing on the Website, and make no representations thereon. The responsibility for verification rests with the Subscriber.
(b) Each Subscriber accepts the Website "AS IS" and “AS AVAILABLE” with any faults or failings and without any representation, warranty or guarantee whatsoever, express or implied, including without limitation any implied warranty of accessibility, accuracy, completeness, quality, merchantability, fitness for a particular purpose or non-infringement.
(c) The Website Owner makes no warranty in respect to any links or third party websites referred to in the content of the Website.
(d) The content of the Website is for information only and meant as general information not advice. If a Subscriber has any particular query in relation to any planning information or otherwise in relation to the content of the Website then the Subscriber must seek advice from its own professional advisors.
(f) The Website Owner excludes any liability for incidental or consequential loss incurred by the Subscriber, (including but not limited to loss of profit, loss of opportunity or otherwise) arising either directly or indirectly from the Subscriber’s use of the Website.
(g) Liability for death or personal injury caused by the negligence of the Website Owner, its employees or agents or for fraud is not excluded or limited, otherwise than as expressly set out herein the Website Owners shall not be liable for any injury, loss, claim, damages or any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in connection with any Subscriber's access to, or use of the Website, any information thereon, whether based in contract, tort and whether negligent or otherwise, even if the Website Owner has been advised of the possibility of such damages. In the event that this exclusion of liability is held by a court of competent jurisdiction to be unlawful, but that liability may be lawfully limited, the Website Owners' aggregate total liability to any Subscriber for all such damages and losses shall be limited to any fee paid by the Subscriber in the six months prior to the date of the event giving rise to liability.
(h) The Subscriber agrees that these exclusions and limitations are reasonable in the circumstances and in relation to the provision of the services for limited fixed fees.
(i) The Website and services supplied by the Website Owner are of the nature of a network and do not constitute trading or investment advice or promotion. The Website Owner is not an Authorised Person (as the meaning is set out in section 31 of the Financial Services and Market Act 2000) and does not provide advice or promotion of any financial nature.
7. Term and Termination
Each Subscriber agrees to remain bound by this Code (as amended from time to time) for as long as they remain a Subscriber to the Website and wish to use the Website or the Website Owner’s services unless the Website Owner earlier terminates, suspends or otherwise limits access to the Website and/or the Template Documents in accordance with Section 4 above or as it otherwise deems appropriate.
8. Applicable Law
Each Subscriber agrees that this Code and any dispute arising in any way in relation to the Website will be governed by and construed in accordance with the laws of England.
9. General
(a) In the event that any provision (or part thereof) in this Code is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions (or part thereof) shall be enforceable to the fullest extent permitted by English law.
(b) This Code represents the entire agreement between Subscriber and the Website Owner relating to the subject matter hereof, and supersedes any prior understanding or agreements regarding the Website.
(c) Changes to the Code will be posted on the Website.
(d) All disclaimers, indemnities, exclusions and limitations set out in the Code shall survive termination.
(e) It is not intended that any provision in this agreement shall be enforceable by any third party and the Contracts (Rights of Third Parties) Act 1999 shall be excluded.
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