UPlanIT Terms of Service

2.1

By using the Website you accept to be bound by these Terms and Conditions in full. You must accept these Terms and Conditions to register with the Website, submit any material to the Website and/or use any of the Website services.

2.2

If you disagree with these Terms and Conditions in their entirety or in part, you must not use the Website and/or any UPlanIt services provided via the Website.

2.4

You must be at least 18 years of age at the date of registration to use the Website. By using the Website and agreeing to these Terms and Conditions, you warrant and represent to us that you are at least 18 years of age on the date of registration. UPlanIt reserves the right to suspend or terminate an account if this requirement is not satisfied.

2.5

You consent to receive communications from UPlanIt electronically. This may include but is not limited to email, posting notices on the Website, notifications through the mobile applications, available in the Apple App Store and Google Play, or any other electronic means.

2.6

Any questions concerning the legal interpretation of these Terms and Conditions will be based on the law of England and Wales and the Courts of England and Wales will have exclusive jurisdiction.

2.7

To the fullest extent possible in law, UPlanIt does not accept liability for any losses or claims whatsoever arising out of the use of the Website.

2.8

Except as otherwise required by applicable law, UPlanIt shall not be liable for the content of any externally linked websites.

2.9

UPlanIt does not guarantee continuous uninterrupted or secure access to the Website. Numerous factors outside the control of UPlanIt may interfere with the operation of the Website. No responsibility will be accepted for any difficulties in accessing, registering or utilising the Website.

2.10

You must ensure all the information you provide to UPlanIt, via the Website or in any other format, is your own, true, accurate, up-to-date, complete and not misleading. It is your responsibility to update information as and when needed.

2.11

You must respond to messages from Users, and report any abusive messages to [email protected].

2.12

UPlanIt will not be held liable for any damages or losses caused by a Supplier’s failure to comply with these Terms and Conditions. UPlanIt reserves the right to take legal action against Suppliers for a failure to comply with these Terms and Conditions.

3.1

UPlanIt trademarks, logos, graphics, software, icons, data compilations, service marks and service names are the intellectual property of UPlanIt. The Website, including the material on the Website, are also our and our licensors’ intellectual property. You agree not to use our intellectual property without prior written consent from UPlanIt.

3.2

UPlanIt, together with our licensors, own and control all the copyright, trademarks and other intellectual property rights in the Website, the material on the Website and our mobile applications.

3.3

All copyright, trademarks and other intellectual property rights in the Website, including the material on the Website, are reserved.

3.4

All content made available through UPlanIt, such as graphics, logos, software, button icons, data compilations, is the property of UPlanIt.

3.5

UPlanIt, UPlanIt services, UPlanIt services logos, and other graphics and logos are trademarks of UPlanIt. UPlanIt trademarks may not be used in connection with any product(s) or service(s) that are not ‘UPlanIt’, in any manner that is likely to cause confusion amongst Users or the public, or in any manner that disparages or discredits UPlanIt.

3.6

UPlanIt and its licensors reserve the right to take action in the event of violation of their copyright, trademarks and/or other intellectual property rights. Action includes but is not limited to bringing legal proceedings, restricting or terminating the Supplier’s use of the Website, mobile application or UPlanIt services.

3.7

Suppliers may post their business logos, graphics and photographs via their Supplier Outlets and Portfolio on the Website. Any logos, graphics or photographs posted by the Supplier will be the property of that Supplier. The Supplier is solely responsible for any logos, graphics and/or photographs posted and must ensure these are compliant with applicable laws and regulations. UPlanIt reserves the right to suspend or terminate a Supplier account if logos, graphics or photographs are non-compliant with applicable laws, offensive or fraudulent.

4.1

You may:

4.2

Except as expressly permitted in clause 4.1, you must not download any material from the Website or save the material to your computer or other devices.

4.3

Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material on the Website.

4.4

Unless you own or control the relevant rights in the material, you must not:

4.5

UPlanIt reserves the right to restrict access to areas of the Website or restrict access to the Website in its entirety, at its discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any restriction measures put in place by UPlanIt.

4.6

Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, UPlanIt grants you a limited licence to access and make use of these UPlanIt services. You are not permitted to download, subject to clause 4.1, or modify the Website, or any portion of it, except with express written consent from UPlanIt. This licence does not include any resale or commercial use of UPlanIt or its contents, or any data mining, robots, or similar data gathering and extraction tools. The Website and/or services may not be replicated, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the prior written consent of UPlanIt. Any unauthorised use terminates the licence granted by UPlanIt under clause 4. UPlanIt reserves the right to pursue legal action against Suppliers for any damages or losses caused by a breach of clause 4.

4.7

In the event that you submit material, and unless we indicate otherwise, you grant UPlanIt a nonexclusive, royalty-free, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for as long as you are permitted to grant said licence. You grant UPlanIt and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you

4.8

You must not:

5.1

This section applies to Suppliers and prospective Suppliers who register a Supplier account with UPlanIt. A Supplier account is needed in order to utilise the Website, use the services offered by UPlanIt or offer Services to Users via the Website.

5.2

To be eligible for a Supplier account on the Website, you must be operating a business that satisfies one of the below criteria:

5.3

Suppliers must have a Stripe account in order to use UPlanIt and receive payments for bookings.See Stripe for their Terms of Service. UPlanIt will not be liable for any losses or damages caused to Suppliers or Users caused by Stripe.

5.4

To register a Supplier account, Suppliers must create an account, set up their Organisation (or join an existing Organisation) and set up their Outlet and/or Venue.

5.5

To create an account, Suppliers must provide their a) Full Name; b) email address; c) create a password and d) verify their email address.

5.6

Once an account has been created, the Supplier must create their Organisation or join an existing Organisation. Organisations allow Suppliers to invite team members and oversee their outlets. An Organisation must be created before a Supplier can set up their Outlet and/or Venue and be visible to Users for bookings. To create an Organisation, the Supplier must provide a) the business name; b) type of business; c) Organisation description; d) email address; and e) phone number. Suppliers may upload a logo as part of the Organisation set up.

5.7

Suppliers are entitled to invite two members to their Organisation free of charge. Any additional members can be added for a monthly fee of £4 per additional member.

5.8

Once the Organisation has been set up, the Supplier can set up the trading Outlet and/or Venue. An Outlet and/or Venue must be set up before a Supplier can join the marketplace and offer their Services to Users. The Supplier must provide a) the category of outlet; b) business name; c) description of the outlet; d) description of the Services; e) event types the Services are offered to; f) working hours; g) business address; and h) contact details (including phone, email, website and social media handles) to set up an Outlet. To set up a Venue, please follow the instructions on the Website.

5.9

Suppliers can have three Outlets as part of their Organisation free of charge. Any additional Outlets can be added for a monthly fee £10 per additional Outlet.

5.10

Suppliers can subsequently publish Offerings of the Services they wish to offer to Users. Supplier Offerings must be allocated to the appropriate category/categories. If the Supplier cannot identify an appropriate category for their Offering, please contact UPlanIt via [email protected].

5.11

Upon completion of the registration process, UPlanIt will verify the Supplier account within 24 hours. Once the verification has been completed, the Supplier Outlet can be published and be visible to Users on the Website.

5.12

Suppliers can log into their Supplier account by providing their email address, password and following the instructions on the Website.

5.13

Members of an Organisation will have to set up their own accounts and use their login details to access their account. Upon registering their account, members should select ‘join an existing organisation’ during the registration process and follow the instructions on the Website. Members of an Organisation are bound by these Terms and Conditions.

5.14

Suppliers must ensure that the information provided is accurate, up-to-date and not misleading, fraudulent or non-compliant with applicable laws and regulations. Suppliers are solely responsible for updating their information as and when needed. UPlanIt will not be liable for any losses or damages caused to Users, Suppliers or third parties by the Supplier’s failure to comply with this clause.

5.15

UPlanIt reserves the right to restrict, terminate and/or suspend Supplier accounts if it becomes aware of any breaches of laws or regulations by the Supplier. UPlanIt may take legal action against Suppliers for any losses or damages caused by this breach.

5.16

The details of your Supplier Organisation, Outlet, Venue and Portfolio and will be shared publicly on the Website and be visible to Users. Suppliers can make changes to their details as and when needed via the Website by following the instructions on the Website. Freelancers and sole traders may choose to keep their business address private by selecting ‘No’ in the Marker section on the Website. The business address will be visible to Users who have confirmed a booking and paid the relevant deposit.

5.17

It is the Supplier’s responsibility to ensure all publicly available information pursuant to clause 5.16 are up-to-date, accurate and not misleading, fraudulent or non-compliant with laws and regulations. UPlanIt will not be liable for any damages or losses caused by the Supplier’s failure to comply with this clause and reserves the right to pursue legal action against the Supplier for any losses or damages incurred.

6.1

In order to be visible to Users and accept bookings via the Website, Suppliers must create a Supplier Outlet and/or Venue. See clause 5.8 for more details.

6.2

Supplier Outlets are ‘storefronts’ for Suppliers on the Website. They allow Suppliers to be visible on the marketplace and provide details of the Services they wish to offer to Users. UPlanIt will review the Outlet before it is published and visible on the Website as per clause 5.11.

6.3

Without prejudice to UPlanIt’s rights under these Terms and Conditions, UPlanIt reserves the right to reject, unpublish and/or delete any Supplier Outlets that breach these Terms and Conditions, do not meet any additional guidelines published by UPlanIt or that breach applicable laws or regulations. Suppliers will be notified after the Outlet has been rejected, unpublished or deleted.

6.4

Once UPlanIt permits the publication of a Supplier Outlet on the Website, it will remain published on the Website indefinitely, subject to these Terms and Conditions. If a Supplier wishes to have their Supplier Outlet removed from UPlanIt, they can unpublish the Outlet themselves by following the instructions on the Website.

7.1

Once a Supplier creates a Supplier account and their Supplier Outlet and/or Venue has been set up and published on the Website as per clause 5, the Supplier can publish their Offerings on the marketplace via the Website. Offerings are the Services that Suppliers offer and that are bookable by Users as per clause 9. Users enter into contracts with Suppliers for the Services by making a booking.

7.2

Suppliers must offer a minimum of one Offering before UPlanIt permits the publication of their Outlet on the Website.

7.3

Without prejudice to UPlanIt’s other rights under these Terms and Conditions, UPlanIt reserves the right to reject, unpublish and/or delete any Offerings that breach these Terms and Conditions, do not meet any additional guidelines published by UPlanIt or that breach applicable laws and/or regulations. In the event that UPlanIt rejects, unpublish and/or deletes an Offering for any of these reasons, UPlanIt will notify the Supplier after the Offering has been rejected, unpublished or deleted. UPlanIt reserves the right to take legal action against a Supplier for a breach of this clause.

7.4

Suppliers can unpublish Offerings themselves by following the instructions on the Website. Suppliers can also delete an Offering, if no bookings are associated with it.

7.5

If a booking is associated with an Offering, the Supplier is under an obligation to complete the booking. Failure to complete the booking is a breach of contract and can result in the User taking legal action against the Supplier. UPlanIt may also penalise the Supplier for a failure to complete a booking as per clause 9.7.

7.6

Once UPlanIt permits the publication of an Offering, it will remain published on the Website indefinitely, subject to these Terms and Conditions. Suppliers can unpublish or delete Offerings subject to clauses 7.4 and 7.5.

7.7

Supplier Offerings submitted to the Website must be true, fair, complete and accurate in all aspects. It is the Supplier’s sole responsibility to ensure this clause is complied with. UPlanIt will not be liable for any losses or damages caused to Users, Suppliers or third parties due to the Supplier’s failure to comply with this clause. UPlanIt reserves the right to claim any damages or losses incurred due to the Supplier’s breach of this clause.

7.8

Suppliers must keep Offerings up-to-date whilst using UPlanIt. Suppliers must remove any Offerings of Services that have ceased to be available. Suppliers will be liable for any damages or losses incurred by UPlanIt due to their failure to remove unavailable Services from their Supplier Offerings. UPlanIt will not be liable for any losses or damages caused to Users, Suppliers or third parties due to the Supplier’s failure to comply with this clause.

7.9

In the event that a User books an Offering that has ceased to be available, the Supplier may be penalised pursuant to clause 9.7 for a failure to remove the Offering of Services that has ceased to be available.

7.10

Suppliers must ensure that all prices specified in or in relation to their Offerings are in Pounds Sterling only.

7.11

Suppliers are solely responsible for managing, maintaining and amending their Offerings via the Website. Suppliers are responsible for ensuring descriptions of the Services offered are accurate, reliable, current and error-free. UPlanIt does not warrant that descriptions of the Services or other content published by Suppliers using UPlanIt is accurate, complete, reliable, current, or error-free and will not be liable for any losses or damages caused to Users, Suppliers or third parties incurred due to the Supplier’s failure to comply with this clause. UPlanIt reserves the right to claim any damages or losses incurred due to the Supplier’s breach of this clause.

8.1

You must not advertise, buy, sell or supply through UPlanIt any Services that:

8.2

UPlanIt will not be liable for any damages or losses caused to Users, Suppliers or third parties by the Supplier’s failure to comply with clause 8. UPlanIt reserves the right to claim any damages or losses incurred due to the Supplier’s failure to comply with this clause.

9.1

Users can procure goods (also referred to as ‘products), services and/or venues (the ‘Services) that are offered by Suppliers, via the Supplier’s Outlet and Offerings, on the Website. Any Services procured will be referred to as ‘bookings’ in this clause. Bookings must be made a minimum of 24 hours before the Services are due.

9.2

Suppliers are solely responsible for honouring bookings. Bookings made between Users and Suppliers are legally binding contracts for the provision of goods and/or services by the Supplier in exchange for a fee agreed between the parties and payable by the User. A failure to honour a booking is a breach of contract and allows Users to take legal action against the Supplier for the breach.

9.3

Suppliers must ensure the Services are provided to Users in accordance with the terms agreed between the User and the Supplier. It is the Supplier’s sole responsibility to provide the agreed Services in accordance with the terms of the booking. UPlanIt will not be responsible nor liable for the provision of Services or the payable fee.

9.4

UPlanIt is not responsible for the managing, providing or amending of bookings made by Users or for provision of the Services promised by Suppliers. UPlanIt grants access to an open marketplace and allows Users and Suppliers to interact and enter into contracts for Services offered on the Website. Users and Suppliers can agree the terms of the booking, including but not limited to price, dates, description of the Service, independently and will be bound by the agreed terms. UPlanIt is not a party to these contracts between Users and Supplier and has no rights or obligations under these contracts.

9.5

In the event that a User fails to pay the agreed price within the agreed timeframe, any legal action taken by the Supplier must be taken against the User. UPlanIt will not be liable for any failure of payment by the User or any losses or damages caused as a result of that failure.

9.6

In the event that a Supplier fails to provide the Services in accordance with the terms agreed between the Supplier and User, UPlanIt will assist the User, where reasonable and possible, to procure the desired Services from an alternative Supplier. UPlanIt does not warrant nor promise that an alternative Supplier can be found nor does it promise to negotiate on behalf of the User. UPlanIt will solely assist in finding an alternative Supplier. Any subsequent contracts for the provision of the Services are entered into between the alternative Supplier and the User. UPlanIt will not be liable for any losses or damages caused by the original or alternative Supplier’s failure to provide the Services. Any legal action taken by a User must be taken directly against the relevant Supplier.

9.7

In the event that a Supplier fails to provide the Services, as per clause 9.6, UPlanIt reserves the right to penalise the Supplier 150% of the agreed price for the provision of the Service. The penalty is payable to UPlanIt within 30 days. UPlanIt will notify the Supplier of a breach of this clause and provide instructions on the penalty payment. UPlanIt reserves the right to remove, restrict or terminate the Supplier’s use of the Website or access to UPlanIt services where the Supplier has repeatedly failed to honour bookings and breach contracts entered into with Users.

9.8

UPlanIt will not be liable for any losses or damages incurred by Users, Suppliers or third parties for any bookings that are cancelled or not provided by a Supplier. UPlanIt will not be liable should the Services provided fail to meet the description, including the listing price, be fit for purpose, fit for specific purpose and/or fail to be of satisfactory quality. It is the Supplier’s sole responsibility to ensure the Services meet the description, are fit for purpose and of satisfactory quality. Any losses or damages claims must be brought directly by the User against the Supplier. UPlanIt is not a party to any contracts for the provision of Services between Users and Suppliers and as such has no rights or obligations under the contract.

10.1

Users are obligated to pay 10% of the agreed price for the provision of the Services as a deposit. The deposit is payable to the Supplier via Stripe and is payable immediately upon booking.

10.2

Users will receive a confirmation email of their booking.

10.3

In the event that a User wishes to amend a booking after the deposit has been paid, the User must request any amendments from the Supplier. The parties may agree to amend the terms of the booking, including but not limited to, any amendment of the price or other terms the Supplier stipulates.

10.4

Users must pay the outstanding 90% of the agreed price for the provision of the Services via Stripe. The outstanding amount must be paid as and when agreed in the booking.

10.5

UPlanIt is entitled to a commission of 10%. This commission is based on the agreed price for the provision of the Services that has been agreed between the User and Supplier. The commission is deducted from the agreed price and will be deducted at the point of payment.

10.6

The UPlanIt commission is non-refundable unless the User cancels the booking in accordance with clause 11.3.

10.7

Payments are received via Stripe. Please see Stripe for details on their Terms and Privacy Policy. Stripe is solely responsible for the operation and provision of their services. UPlanIt will not be held liable for any issues or claims that arise out of the use of Stripe.

11.1

Users may withdraw an offer to enter into a contract with a Supplier through UPlanIt at any time before the offer is accepted or before a booking is made, without providing a reason for their withdrawal. A booking will be considered to have been made once the User pays the deposit. The User will not be liable to pay the Supplier nor be penalised for withdrawing their offer or abandoning a booking before it is made.

11.2

Where a User customises the Service or the delivery address of the User is outside of the instant booking guard, a quote will be provided by the Supplier. Users may decline to make a booking based on the quote provided and will not be penalised for doing so. Once a quote has been accepted and a booking made, a legally binding contract has been entered into by the User and Supplier. Either party may then be held liable for any losses and/or damages caused by their failure to comply with the terms of the contract. UPlanIt will not be held liable for any losses or damages incurred by either party (or a third party) due to the failure to comply with this clause.

11.3

Users may cancel a contract before the provision of the Services commence by giving notice to the Supplier. In the event the booking is cancelled within 24 hours after the booking is made, the User is entitled to receive a refund of their 10% deposit. Refunds will be issued within 3 working days.

11.4

In the event the contract is cancelled after 24 hours after the booking is made, the Supplier is entitled to retain the 10% deposit and the User will not be entitled to a refund of the deposit. The Supplier is entitled not to provide the Services following the cancellation.

11.5

Suppliers may withdraw an offer to enter into a contract with a User through UPlanIt at any time before the offer is accepted. Before a quote is accepted or a booking is made, the Supplier can withdraw from the contract without being penalised. If the Supplier cancels the Services once a booking has been made, the User may take legal action against the Supplier for breach of contract. Additionally, UPlanIt may penalise the Supplier according to clause 9.7.

11.6

Suppliers may cancel a booking within 24 hours after the booking was made without being penalised. Any cancellations outside of this cancellation period allow UPlanIt to penalise the Supplier in accordance with clause 9.7.

12.1

Nothing in these Terms and Conditions:

12.2

Subject to clause 12.1, UPlanIt shall have no liability to the Supplier, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with the Terms and Conditions.

13.1

All personal information you submit to UPlanIt is subject to and will be processed in accordance with the UPlanIt Privacy Notice (the Privacy Notice), which can be accessed here.

13.2

The personal information shared by you will be held by UPlanIt and shall not be shared with any third parties unless UPlanIt is required to do so by law.

13.3

The personal information shared by you will be kept securely by UPlanIt and will be destroyed no later than three months after your Supplier account has been deleted except that: