IMPORTANT! PLEASE READ CAREFULLY. By signing up you acknowledge that you have read, understood and accept all the terms and conditions of this agreement without limitation or qualification. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not click the accept button.
1. Introduction
1.1 These terms and conditions relate to your use of our website and with regards to Supplier/User and/or:
1.2 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2. Website use
2.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; and
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
2.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
3. Profile Registration
3.1 To be eligible for an individual account on our website you must be at least 18 years of age.
3.2 The Plan Your Party Website is a place where Suppliers can advertise one or more of their goods and/or services (each a “Service”) to potential Customers (“users”) and communicate with those potential Customers. We refer to the Plan Your Party Website users herein as “Customers”. Suppliers advertise on the Plan Your Party Website by registering a profile (“Profile”) and “Users” search for “Suppliers”.
3.3 To register a Profile, you are obliged:
For Suppliers & Users:
3.4 Plan Your Party reserves the right in its sole discretion at any time to decline to place or delete any Profile that appears to be capable of infringing, or be associated with the infringement of, any provision of these Terms of Use.
3.5 You may register for an account (the “Account”) with our website by signing up for a subscription and then logging into create your Service page.
3.6 You must notify us in writing immediately if you become aware of any unauthorised use of your Account.
4. YOUR ACCOUNT
4.1 After Suppliers register and create their profile page, including any photographs, text and videos, content is then sent to Plan Your Party to approve before it is published on the Plan Your Party Website.
4.2 You will be able to manage your Profile online by accessing the Supplier Dashboard. In the Supplier Dashboard, you will have various functions available which are intended to assist you to manage services offered through the Plan Your Party Website and to keep the Profile updated. These functions, and the Account itself, are made available on an “as is” basis, and Plan Your Party does not undertake or represent that the Account or its functions will be complete or error-free.
5. CONTRACT BETWEEN SUPPLIER AND CUSTOMER
5.1 The Customer shall be able to contact you via the enquiry/booking process which directs enquiries to the email address you provided on registration.
5.2 Plan Your Party is not and does not become party to any business or contractual relationship between you and the Customer and does not mediate between you and the Customer in the event of any dispute arising between you and the Customer. Any terms, conditions, warranties or representations in a written or verbal contract between you and a Customer will not bind Plan Your Party, and Plan Your Party makes no representations or warranties, implied or otherwise in relation thereto. The foregoing is without prejudice to any third-party benefits to which Plan Your Party is entitled.
5.3 You unconditionally release Plan Your Party and indemnify, its affiliated companies, and their respective officers, directors, employees, agents, service providers, content providers and licensors from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute between you and the Customer.
5.4 You must make all reasonable efforts to respond to Customer enquires via your Account promptly (within 48hrs) failure to do so which leads to negative feedback/reviews of Plan Your Party permits us to suspend or withdraw services.
5.5 We reserve the right to discontinue or alter any or all of our website services and stop publishing our website, at any time, at our discretion with or without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services or the end of publication of the website.
6. LISTINGS
6.1 We may offer a discretionary discounted period to new Suppliers joining Plan Your Party for a short trial period. This discount will only be applicable to new Suppliers registering only.
6.2 Each Service page added to the Plan Your Party Website must be advertised under the relevant sections of the website and displayed as servicing geographical areas where the Supplier is genuinely able to provide the service.
6.3 You agree to keep your directory listing up to date at all times, including the monthly availability and pricing.
6.4. Without prejudice to our other rights under these terms and conditions, we reserve the right to reject/delete submissions that breach these terms and conditions, or that do not meet our guidelines for Service pages listed in these terms and conditions.
6.5 If we reject or delete a listing in accordance with Clause 17, we reserve the right not to refund any applicable charges.
7. SUPPLIER REVIEWS
7.1 Customers may post their own reviews of Suppliers Services (“Supplier Reviews”) on the Plan Your Party Website. You acknowledge and release Plan Your Party from any and all liability in relation to such Supplier Reviews. Plan Your Party reserves the right to delete any Supplier Reviews at any time in its sole discretion.
7.2 Subject to Section 17, we will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the website.
7.3 You agree to the publication of reviews relating to you and your business, by others, on our website; you acknowledge that such reviews may be critical or defamatory or otherwise unlawful; and, subject to Section 17, you agree that you will not hold us liable in respect of any such reviews, irrespective of whether we are aware or ought to have been aware of such reviews.
8. CUSTOMER REVIEWS
8.1 We publish reviews by Customers/Users on our website and reserve the right to delete a review.
8.2 Any User may submit reviews for publication on our website, subject to these terms and conditions. If the user has registered with our website, the user may submit reviews for publication on the website, subject to these terms and conditions.
8.3 The user must be honest, reasonable and bona fide reviews of Suppliers and/or other goods or services found on our website.
8.4 A user may only post a review if such user has first-hand experience of a Supplier and/or other goods and services found on our website.
8.5 A review must not be posted if:
a) there is a financial interest in the subject matter of the review; or
b) the User is an owner, partner, member, employee, business partner, advertising agency or affiliate of any person who has a financial interest in the subject matter of the review; or
c) or are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review.
8.6 It is acknowledged that the User reviews published on our website are submitted by Users, and that we do not usually review, approve or edit them; accordingly, we do not warrant the accuracy of the User reviews.
9. PAYMENT AND PRICING
9.1 You shall pay the Fee using the automated monthly card subscription.
9.2 Plan Your Party has the right to close down Supplier’s Accounts and remove any Service pages from the Plan Your Party Website if a subscription is cancelled.
9.3 If we are required to issue proceedings to recover any fees or disbursements and we are successful in such proceedings, you agree that you will pay our legal/advisory costs of such proceedings even if the amount claimed is suitable for the small claims track.
9.4 In the event of a dispute we are willing to consider Mediation or Arbitration. The cost of the proceedings, disbursements, facilities and fees to be split between the parties. However, subject to the applicable Arbitration legislation, the Arbitrator may determine who shall be responsible for the costs of the Arbitration and shall set out that determination in any Award.
9.5 Any renewal shall be subject to Plan Your Party's then current terms and conditions.
9.6 Plan Your Party is VAT registered (VAT registration number: therefore VAT is included in the subscription prices stated on the Advertise With Us page.
9.7 You will submit valid card details for the monthly subscription upon registration and keep this information up to date to ensure the card is within its validity date.
9.8 If we accept a paid Supplier Account, the Service page(s) will remain published on our website for the subscription period, subject to termination or deletion in accordance with these terms and conditions.
9.10 We may delete a paid Supplier Account and Service page(s) at any time at our discretion, at which point there will be no refund of any fees for any remaining part of the subscription month.
9.11 We may vary our fees from time to time by posting new Fees on our website, this will not affect fees for the services that have been previously paid, only to new Supplier’s subscribing.
9.12 Should we need to resort to legal action in respect of non-payment you will be liable for our reasonable costs in recovering outstanding fees and debt collection fees.
10. TERMINATION AND CANCELLATION
10.1 Plan Your Party reserve the right to suspend or terminate, with or without notice, Supplier Accounts and Service page(s) in respect of which Fees are unpaid due to subscription cancellation or failed card payments.
10.2 Plan Your Party may terminate this agreement at any time by giving you 30 days written notice.
10.3 You have the right to cancel this agreement at any time by cancelling your subscription payment. This can be done by clicking on the cancellation link in your last subscription email or logging you’re your Supplier Account and clicking on My Subscription.
10.4 Plan Your Party may immediately suspend or terminate this agreement without notice in the event of any conduct which Plan Your Party in its sole and absolute discretion, considers to be unacceptable or in breach of the Terms of Use or any applicable law or regulation or which does or may tend to expose Plan Your Party to any liability.
10.5 No refund shall be given for the month you cancel in, but no further payments will be taken.
10.6 The provisions of the Terms of Use shall survive any termination of the agreement for any reason, including, without limitation, indemnification obligations, disclaimers and limitations of liability.
11. RIGHTS AND OBLIGATIONS OF PLAN YOUR PARTY
11.1 Plan Your Party shall be entitled to change the layout of the Plan Your Party Website at any time without prior notice.
11.2 Plan Your Party may occasionally undertake upgrades of the Plan Your Party Website in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the Plan Your Party Website. Plan Your Party will, where possible, aim to ensure that maintenance of the Plan Your Party Website that causes any such restriction is undertaken at a time when most usage is least affected.
11.3 Plan Your Party reserves the right to transfer these Terms of Use, and to assign or subcontract any or all of its rights and obligations under these Terms of Use, to a third party.
11.4 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12. RIGHTS AND OBLIGATIONS OF THE SUPPLIER/USER.
12.1 You shall submit truthful particulars about your identity and payment data and only offer in your Profile, Services which you are entitled and are in a position to serve to Customers.
12.2 The forms made available by Plan Your Party must be completed appropriately.
12.3 You undertake to provide the Profile information, including all information concerning the Service, fully and accurately, and to keep the information updated. You shall not give misleading particulars about the origin of any information or include details that may conceal the true source of any information.
12.4 You are required to keep your account login details secret and not to pass them on to third parties. Plan Your Party will never ask you to disclose this data. If you are contacted by third parties and asked for login details, under no circumstances should you impart that data, but you must immediately notify Plan Your Party of the situation. Should you notice that your account is being used by an unauthorised third party, you should immediately report the matter to Plan Your Party and change your password.
12.5 You must not misuse the Plan Your Party Website’s email or messaging system.
12.6 You are responsible for ensuring that your Profiles does not infringe the law or the rights of any person or entity. Profiles must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law or other intellectual property rights.
12.7 You must ensure that you have adequate insurance in place at all times and provide a copy of said insurance upon request.
12.8 Should your items be hired out via Plan Your Party to a third party. You agree to indemnify Plan Your Party for any damage caused and agree to recover costs direct the from the third party in question.
13. SUPPLIER RIGHTS OF CONTENT
13.1 Where you submit to or transmit through the Plan Your Party Website any content of any type, including text or images, you represent and warrant that you have the right to do so, and have been granted the necessary consent by any copyright holder, persons featured or suppliers of featured items.
13.2 To the extent that Supplier's Account and Service page(s) and other submissions may contain trademarks, you represent and warrant that you have the right to use them, including sublicensing rights.
13.3 By submitting any form of content to the Plan Your Party Website, you permit and hereby grant a royalty-free license to Plan Your Party to display and disseminate the content in connection with the performance of these Terms of Use.
13.4 Plan Your Party shall have the right, but not the obligation, to monitor the content and user traffic of the Plan Your Party Website. Plan Your Party shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Plan Your Party Website.
13.5 Plan Your Party has the right to use any content uploaded by you for internal or external marketing purposes, this includes but is not exhaustive to social media information, posts and pictures (e.g. Instagram, Facebook, twitter pictures and/or literature). You must ensure that you have the permission to post sensitive information (such as a picture of children at a party) as we reserve the right to use this in our marketing literature.
13.6 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media/reproduce, store and publish your content on and in relation to this website and any successor website/reproduce, store and, with your specific consent, publish your content on and in relation to this website.
13.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
14. CONTENT RULES
14.1 You warrant and represent that your content will comply with these terms and conditions.
14.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
14.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
14.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
14.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
14.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
15. REPORT ABUSE
15.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
15.2 You can let us know by emailing us – contact details are on the website.
16. INDEMNIFICATION
16.1 By agreeing to these terms of use you agree to indemnify, defend and hold Plan Your Party and its parents, affiliates, subsidiaries, licensors and assigns and each of their respective employees, officers and directors harmless from and against any third party claims alleged claims, demands, causes of action, judgement damages, losses, liabilities and all costs and expenses of defense, including without limitation, reasonable legal fees, arising out of or relating to any breach by you of these terms or use of the Plan Your Party Website by you or via any hardware owned or controlled by you.
16.2 In relation to third party claims you will cooperate as fully and as reasonably required in Plan Your Party’s defense of any claim. Plan Your Party reserves the right at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without Plan Your Party’s written consent.
17. LIMITATIONS AND EXCLSUIONS OF LIABILITY
17.1 You shall not directly or indirectly:
18. PLAN YOUR PARTY'S LIMITED LIABILITY
18.1 You acknowledge that you use the Plan Your Party Website at its own risk and that, subject to the limitations set out herein, Plan Your Party shall not be liable for any loss (whether direct, indirect, incidental or consequential damages) resulting from your use of the Plan Your Party Website. In the event of breach by Plan Your Party of these Terms of Use your remedies shall be limited to damages which shall in no circumstances exceed the Fee.
18.2 Plan Your Party makes no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions or statements contained on the Plan Your Party Website. Reference to any product or third party does not constitute or imply its endorsement or recommendation by us. Views and opinions of Customers of the Plan Your Party Website do not necessarily state or reflect ours.
18.3 Nothing in these terms excludes or limits Plan Your Party's liability for death or personal injury arising from Plan Your Party's negligence, or Plan Your Party's fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
18.4 To the extent permitted by law, Plan Your Party excludes all conditions, warranties, representations or other terms which may apply to the Plan Your Party Website or any content on it, whether express or implied.
18.5 Plan Your Party makes every effort to check and test the Plan Your Party Website however it does not guarantee that it will be secure or free from viruses or bugs. Plan Your Party cannot accept any responsibility for any loss, disruption or damage to your data or computer system which may occur whilst using the Plan Your Party Website.
19. BREACHES OF THESE TERMS AND CONDITIONS
19.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may with or without notice:
19.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
20. THIRD PARTY WEBSITES
20.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
20.2 We have no control over third party websites and their contents, and subject to Section 18.2 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
21. THIRD PARTY RIGHTS
21.1 These terms and conditions are for our benefit and your benefit and are not intended to benefit or be enforceable by any third party.
21.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
22. COPYRIGHT NOTICE
22.1 All content that appears on the Plan Your Party Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, software, clips and other elements making up the Plan Your Party Website, are protected by copyright, database, trademarks and other intellectual property rights owned and controlled by Plan Your Party or by other parties that have licensed or otherwise provided their materials to Plan Your Party. Reproduction of the Plan Your Party Website by any means, in whole or in part, including the copying of text, graphics or designs, is prohibited.
23. COMPETITIONS
23.1 From time to time we may run competitions, free prize draws and/or other promotions on our website.
23.2 Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
23.3 No responsibility can be accepted for entries not received for whatever reason.
23.4 The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
23.5 The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
23.6 The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
23.7 Winners will be chosen at random from all entries received and verified by the Promoter; alternatively, we reserve the right to decide on the best comment/picture for such competition purposes – this is reliant and/ or relevant on the nature of competition being offered. We reserve the right to make decisions based on the competition in question.
23.8 The winner will be notified by email within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
23.9 The promoter will notify the winner when and where the prize can be collected/is delivered.
23.10 The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
23.11 The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current [UK] data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
23.12 Entry into the competition will be deemed as acceptance of these terms and conditions.
24. VARIATION
24.1 We may revise these terms and conditions from time to time.
24.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions. We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
25. ENTIRE AGREEMENT
25.1 Subject to Section 18.3, these terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
25.2 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
25.3 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
26. GOVERNING LAW AND JURISTICTION
26.1 These Terms of Use are governed by English law and all disputes are subject to the exclusive jurisdictions of the courts of England and Wales.
26.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
27. STATUTORY AND REGULATORY DISCLOSURES
27.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
27.2 These terms and conditions are available in the English language only.
27.3 The section titles in these terms are for your convenience only and do not have any legal or contractual effect.
27.4 No waiver of any of these terms shall be of any force or effect unless made in writing and signed by one of our duly authorized officers.
27.5 Plan Your Party will not be responsible for any breach of these Terms of Use caused by circumstances beyond its reasonable control, including without limitation, acts of god, war, terrorism or technical difficulties.
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