Last Updated: 17 January 2024
Welcome to Planda, a service provided by Planning Data AI Ltd. ("Planda," "we," or "us"). These Terms of Service ("Terms") govern your use of the Planda services, including our AI-driven predictive analytics on planning applications for properties. By accessing or using our services, you agree to these Terms.
1.1. Purpose and Nature of the Service
1.1.1. Planda specialises in offering data-driven insights and predictive analytics regarding planning applications for properties.
1.1.2. Utilising advanced artificial intelligence (AI) and machine learning algorithms, our service analyses vast amounts of historical and current data to provide users with predictions about planning applications.
1.1.3. Our aim is to assist property developers, homeowners, architects and many more in similar industries in making informed decisions by evaluating the likelihood of planning application success.
1.2. Report Generation and Contents
1.2.1. Planda generates reports on an as-is basis that include detailed analyses and predictions about property planning applications.
1.2.2. Each report is composed based on extensive data analysis, incorporating years of planning application data, trends, and outcomes.
1.2.3. Reports typically include:
- Predictive scores indicating the likelihood of planning application approval.
- Analysis of potential reasons for application refusal or success.
- Comparisons with similar, previously submitted planning applications in the relevant area.
- Recommendations and insights tailored to the specific property or project.
1.2.4. These reports are designed to provide users with an in-depth understanding of the planning landscape, aiding in the preparation and submission of more effective planning applications.
1.3. Data Sources and Methodology
1.3.1. Our service leverages a multitude of data sources, including public planning records, property data, regional development plans, and various other relevant datasets.
1.3.2. The integrity and comprehensiveness of our data are paramount, and we employ rigorous methods to ensure the quality and relevance of the information analysed. On occasions, there may be some incompleteness in the datasets that feed our models, resulting in biased or incorrect predictions.
1.3.3. Our analytical methods are continuously refined to adapt to changing regulations, market trends, and data availability, ensuring up-to-date and accurate predictions.
1.4. Report Customisation and Parameters
1.4.1. Planda offers customisation options for reports, allowing users to specify particular aspects or concerns about their planning application.
1.4.2. Users can request reports focusing on specific types of planning work, from minor home renovations to major developmental projects.
1.4.3. The service also provides options to assess the impact of various factors on the planning application, such as the involvement of specific architects or contractors known to influence planning decisions in certain regions.
1.5. User Interface and Accessibility
1.5.1. Planda's service is accessible through a user-friendly online platform, designed for ease of use and accessibility.
1.5.2. Users can easily navigate through the platform to request reports, view past analyses, and access predictive insights.
1.5.3. The platform is designed to be intuitive, providing users with clear instructions and support throughout the process of report generation and analysis.
2.1. Time and Date Stamping of Reports
2.1.1. Each report generated by Planda is uniquely marked with a time and date stamp at the moment of its creation. This stamp serves as an identifier for the report's issuance and as a reference point for its validity period.
2.1.2. The time and date stamp is integral to ensuring users receive the most current and relevant data analysis, reflecting the dynamic nature of planning regulations and property market trends. The report cannot be used, copied or sold once the validity stamp has expired. We reserve the right to recover costs including associated legal fees if this is not adhered to.
2.2. Validity Period and Usage Recommendations
2.2.1. The validity of each report is maintained until the "sell by" date explicitly indicated on the report. This date is determined based on the rate at which the underlying data and market conditions are expected to change.
2.2.2. Users are advised to utilise the report for decision-making purposes only within this validity period to ensure decisions are based on the most recent and relevant data.
2.2.3. After the "sell by" date, the report should be considered outdated. Planda recommends that users obtain an updated report for any ongoing or future decision-making to ensure accuracy and relevance.
2.3. Scope of Use for Reports
2.3.1. Reports provided by Planda are intended primarily for personal, non-commercial use. This includes use by individual property owners, potential buyers, and small-scale developers for personal projects and planning applications.
2.3.2. Commercial use of the reports, including but not limited to resale, redistribution, or use in a professional advisory capacity, is prohibited unless a separate agreement is established.
2.3.3. If commercial use is desired, users must obtain explicit written consent from Planda. This consent will outline the terms under which the report can be used commercially, including any limitations or additional obligations.
2.4. Intellectual Property and Redistribution
2.4.1. All reports are the intellectual property of Planda and are subject to copyright laws. Unauthorised copying, distribution, or reproduction of the reports in any form is strictly prohibited.
2.4.2. Redistribution of the reports, whether in original or modified form, is not permitted without prior written consent from Planda. This includes sharing the report on public platforms or using it as part of a service offered to third parties.
2.5. Disclaimer for Decision-Making
2.5.1. While Planda strives to provide accurate and useful predictions and analyses, users must understand that the reports are one of many tools to aid in decision-making and should not be the sole basis for any significant property-related decisions.
2.5.2. Users are advised to consider additional sources of information and, where appropriate, seek professional advice before making decisions based on the contents of the report.
3.1. Commitment to Data Accuracy and Completeness
3.1.1. Planda is committed to providing high-quality, accurate, and complete data in all reports. We employ advanced data verification and validation techniques to ensure the integrity of the data we present.
3.1.2. Our data collection process involves sourcing information from reliable and authoritative sources, including public records, private databases, and industry reports.
3.1.3. We regularly update our data repositories to incorporate the latest information available, ensuring that our reports reflect the most current trends and data.
3.2. Inherent Limitations of Data Sources
3.2.1. While we strive for accuracy, users must recognise that our reports are compiled from various sources, each with its inherent limitations and degrees of reliability.
3.2.2. The dynamic nature of real estate markets, planning regulations, and economic conditions means that data accuracy can vary over time. Consequently, absolute accuracy in our reports, while pursued, cannot be unequivocally guaranteed.
3.2.3. We encourage users to be aware of these limitations, particularly when using our reports for significant financial or legal decisions and to consult professionals with the relevant qualifications to provide advice or recommendations that can be relied upon.
3.3. Use of Historical Data and Predictive Modeling
3.3.1. Our reports are predominantly based on historical data, which we analyse using sophisticated predictive models to generate insights and forecasts.
3.3.2. Historical data provides a valuable baseline; however, it may not always perfectly predict future outcomes due to the unpredictable nature of the property market and planning decisions.
3.3.3. Users should therefore use our reports as a guide to inform their decisions rather than as a definitive predictor of future events.
3.4. No Guarantee of Future Performance
3.4.1. Planda’s predictive models are built on patterns and trends identified in historical data, and while they provide an educated estimation, they do not guarantee future performance or outcomes.
3.4.2. Market dynamics, policy changes, and unforeseen events can significantly impact planning applications and property developments, which may not be fully predictable.
3.5. User Responsibility in Interpretation
3.5.1. Users bear the responsibility for interpreting the data and predictions in our reports. We advise considering these insights as part of a broader decision-making process that includes other forms of due diligence.
3.5.2. Planda recommends consulting with professional advisors, such as property consultants, legal experts, or financial advisors, to obtain a well-rounded view before making substantial property-related decisions.
4.1. Protection of Content and Intellectual Property
4.1.1. All content produced and provided by Planda, including but not limited to reports, analyses, graphics, user interfaces, logos, and software, is the exclusive property of Planda and is protected under applicable copyright and intellectual property laws.
4.1.2. This intellectual property includes any enhancements, modifications, or derivative works made from the original content.
4.1.3. Planda's content is provided to users for their personal and non-commercial use within the scope of the service offered.
4.2. Prohibitions on Unauthorised Use
4.2.1. Redistribution, resale, or modification of any content provided by Planda, including all forms of reports, is strictly prohibited unless expressly permitted by Planda in writing.
4.2.2. Users are not permitted to copy, adapt, reverse engineer, or create derivative works from Planda's content for any purpose, commercial or otherwise, without explicit prior written consent from Planda.
4.2.3. Misuse of Planda's content, such as using it in a manner that competes with or compromises Planda’s business, or for any illegal activities, is strictly forbidden.
4.3. Consequences of Unauthorised Use
4.3.1. Unauthorised use, reproduction, or distribution of Planda’s intellectual property constitutes an infringement of our rights and may lead to legal action being taken against the violator.
4.3.2. Planda reserves the right to enforce its intellectual property rights to the fullest extent of the law, which may include seeking civil remedies and criminal prosecution.
4.4. Licensing and Permissions
4.4.1. Any use of Planda's intellectual property beyond the scope of what is explicitly permitted under these Terms requires a separate license or written permission from Planda.
4.4.2. Requests for such permissions should be directed to Planda through the provided contact channels, and approval must be obtained in written form.
4.5. Acknowledgement of Ownership
4.5.1. By using Planda’s services, users acknowledge that all content and intellectual property rights therein are owned by Planda and agree to respect these rights.
4.5.2. The acknowledgment of Planda's ownership must be maintained in any authorized use of the content, including any citations or references.
4.6. Reporting Infringements
4.6.1. Planda encourages users to report any suspected infringement of its intellectual property rights. Contact information for such reports will be provided on Planda's website or through user support channels.
5.1. Nature of Predictive Analysis
5.1.1. Planda's services, including all reports and analytical tools, offer predictive analysis based on extensive data modeling and algorithmic processing.
5.1.2. The predictive analyses are derived from complex algorithms that process historical and current data sets to forecast potential outcomes in planning applications.
5.1.3. While these predictions are made using advanced data science techniques, they are estimates and should be considered as projections rather than certainties.
5.2. Limitations of Predictions
5.2.1. The nature of predictive analytics inherently involves a level of uncertainty. Planda’s predictions are based on patterns and trends identified in data but do not account for every possible future scenario.
5.2.2. External factors, such as changes in planning laws, economic shifts, or environmental considerations, which may not be fully captured in the data, can significantly impact actual outcomes.
5.2.3. Users are advised that Planda’s predictive models are tools to aid in decision-making and should not be the sole basis for any critical planning or property-related decisions.
5.3. User Responsibility and Risk
5.3.1. Users acknowledge that any decision made based on information obtained from Planda’s services, including reports and predictions, is done at their own discretion and risk.
5.3.2. Planda advises users to undertake comprehensive due diligence, including consulting with planning experts, legal advisors, or other relevant professionals, before making significant decisions based on our reports.
5.3.3. Planda shall not be liable for any losses, damages, costs, or expenses incurred by any user as a result of reliance on the information provided by our services.
5.4. Disclaimer of Warranties
5.4.1. Planda provides its services and reports on an “as is” and “as available” basis, without any warranties of accuracy, reliability, or fitness for a particular purpose.
5.4.2. No warranty, express or implied, is made regarding the effectiveness, completeness, or timeliness of the information provided by Planda’s services, nor is any warranty provided that the service will meet the user’s requirements or expectations.
5.5. Acknowledgement of Understanding
5.5.1. By using Planda’s services, users acknowledge that they have read and understood this section and agree that they are responsible for their use of the information provided.
5.5.2. This acknowledgment extends to an understanding that the user is assuming all risks associated with decisions made on the basis of Planda’s services.
6.1. Commitment to Customer Satisfaction
6.1.1. Planda is dedicated to maintaining a high standard of customer satisfaction and places great importance on the quality of its services and customer support.
6.1.2. We acknowledge that despite our best efforts, there may be occasions where users experience dissatisfaction or encounter issues with our service. Planda is committed to addressing and resolving such issues promptly and effectively.
6.2. Submission of Complaints and Feedback
6.2.1. Users are encouraged to submit any complaints, concerns, or feedback regarding Planda’s services. This can include issues related to service quality, report accuracy, user experience, or any other aspect of our service.
6.2.2. Complaints or feedback can be submitted via email to hello@planda.co.uk
6.2.3. When submitting a complaint or feedback, users are encouraged to provide as much detail as possible, including specific concerns, relevant dates, and any other information that would assist in a thorough investigation.
6.3. Review and Response Process
6.3.1. All complaints and feedback received by Planda will be acknowledged upon receipt, and users will be provided with an estimated timeline for a response.
6.3.2. Planda will conduct a comprehensive review of each complaint, which may involve internal investigations, consultation with relevant departments, and reviewing any associated documentation or communication.
6.3.3. Users will receive a formal response after the investigation is complete. This response will include an explanation of the findings, any actions taken, and solutions or resolutions proposed by Planda.
6.4. Continuous Improvement
6.4.1. Feedback and complaints are viewed as valuable opportunities for continuous improvement. Planda will use the insights gained from user feedback to enhance service quality, user experience, and operational processes.
6.4.2. Regular reviews of feedback trends and complaint resolutions will be conducted to identify areas for improvement and implement necessary changes.
6.5. Confidentiality and Privacy
6.5.1. All complaints and feedback will be handled with confidentiality and in accordance with Planda’s privacy policy. Personal information provided will be used solely for the purpose of addressing the complaint.
7.1. Scope of Liability
7.1.1. Planda, including its directors, employees, agents, and affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the service or inability to use the service.
7.1.2. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, whether or not Planda has been advised of the possibility of such damages.
7.2. Applicability to Service Content
7.2.1. The limitation of liability explicitly covers all content, information, and predictions provided by Planda through its service. This includes, but is not limited to, data-driven insights, reports, and analytics.
7.2.2. Planda does not assume liability for any decisions, actions, or outcomes based on the use of the content or predictions provided by the service.
7.3. Basis of the Bargain
7.3.1. The limitations of liability set forth in these Terms are fundamental elements of the basis of the agreement between Planda and its users. Planda’s service is provided with these limitations, which are an essential part of the risk allocation between the parties.
7.4. Liability in Jurisdictions
7.4.1. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations may not apply to every user.
7.4.2. In such jurisdictions, Planda’s liability shall be limited to the greatest extent permitted by law.
7.5. Acknowledgement and Agreement
7.5.1. By using Planda’s service, users acknowledge and agree that Planda has set its prices and entered into the Terms with the user in reliance upon the limitations of liability specified herein, which allocate the risk between Planda and the user and form a basis of the bargain between the parties.
7.6. Force Majeure
7.6.1. Planda is not liable for any failure to perform its obligations where such failure results from any cause beyond Planda’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
7.7. Liability Cap
7.7.1. In any event, if notwithstanding the foregoing, Planda is found liable for any loss or damage relating to the use of its service, Planda’s liability shall in no event exceed the service fees paid by the user in the twelve (12) months preceding the claim.
8.1. Indemnification Responsibility
8.1.1. Users agree to indemnify, defend, and hold harmless Planda, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from their access to or use of the service.
8.1.2. This indemnification includes, but is not limited to, responsibility for all consequences resulting from violations of these Terms, negligent or wrongful conduct, and any activity related to the user's account (including negligent or wrongful conduct) by the user or any other person accessing the service through the user's account.
8.2. Breach of Terms and Infringement Claims
8.2.1. The indemnification responsibility extends to any breach of these Terms by the user, including but not limited to misuse of the provided content, unauthorised use of the service, or any operation that infringes the rights of Planda or any third party.
8.2.2. This includes, without limitation, any intellectual property infringement, violation of proprietary rights, or any other harm caused to a third party by the user’s use of the service.
8.3. Procedure for Claim and Indemnification
8.3.1. In the event of a claim or demand for which Planda seeks indemnification from the user, Planda will provide timely notice of the claim to the user.
8.3.2. Planda reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate with Planda in asserting any available defenses.
8.4. Cooperation and Assistance
8.4.1. In any indemnification process, the user agrees to provide full cooperation and assistance in the investigation and defense of any such claim or demand.
8.4.2. The user’s obligation to indemnify shall survive the termination or expiration of these Terms and the user’s use of the service.
8.5. Limitations to Indemnification
8.5.1. If any indemnification payment is due from the user, the amount shall be determined in consideration of the nature of the breach, the harm caused, and the extent of the user’s responsibility.
8.5.2. The user shall not settle any third-party claim or waive any defense without Planda’s prior written consent.
9.1. Right to Update and Modify Terms
9.1.1. Planda reserves the right to update, modify, or amend these Terms of Service at any time to reflect changes in legal or regulatory requirements, advancements in technology, evolutions in our business model, or enhancements in our service offerings.
9.1.2. Changes to the Terms may include, but are not limited to, modifications in the way our services are provided, changes in the scope of available services, adjustments in user responsibilities, or updates in response to user feedback.
9.1.3. Whenever possible, Planda will provide advance notice of significant changes to these Terms. This notice may be provided through various channels, including but not limited to, email notifications, announcements on our website, or alerts within our service platforms.
9.2. Acceptance of Revised Terms
9.2.1. Continued use of Planda’s services following the posting of any changes to these Terms constitutes acceptance of those changes.
9.2.2. Users are encouraged to regularly review the Terms to stay informed of any updates. If a user disagrees with any changes to the Terms, the user should discontinue their use of Planda’s services.
9.2.3. The date of the latest revision will be indicated at the top of the Terms, helping users to determine whether they have reviewed the most current version.
9.3. Notification of Changes
9.3.1. Planda will endeavor to notify users of significant changes to the Terms in a timely and clear manner.
9.3.2. Notifications of changes will aim to summarize the key modifications and, where applicable, guide users on how these changes might affect their use of the service.
9.4. User Responsibility to Stay Informed
9.4.1. It is the responsibility of the user to be aware of the current Terms of Service. Planda cannot be held responsible for a user’s lack of knowledge of updated terms.
9.4.2. Users should periodically check the Terms and any other related policies to understand the terms and conditions that apply to their use of Planda’s services.
9.5. Effect of Changes on Prior Agreements
9.5.1. Changes to these Terms will supersede all previous versions. Continued use of the service after changes have been made will be regarded as acceptance of the revised Terms.
9.5.2. Any modifications to these Terms will not retroactively alter the user’s agreed-upon rights and obligations unless legally required.
10.1. Governing Law
10.1.1. These Terms and any contractual or non-contractual obligations arising out of or in connection with them are governed by and construed in accordance with the laws of the United Kingdom and Wales.
10.1.2. This choice of law is intended to apply to the fullest extent permitted by the laws and regulations of the United Kingdom and Wales, and this governing law provision applies regardless of the user’s country of origin or the country from which the user accesses Planda’s services.
10.1.3. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
10.2. Jurisdiction for Disputes
10.2.1. Any disputes, claims, or controversies arising out of or relating to these Terms, the breach thereof, or the use of Planda’s services, shall be subject to the exclusive jurisdiction of the courts of the United Kingdom and Wales.
10.2.2. This means that for any legal action or proceedings arising out of these Terms or the use of the services (including non-contractual disputes or claims), the user must irrevocably submit to the jurisdiction of these courts.
10.2.3. Planda and the user agree to submit to the personal jurisdiction and venue of these courts for the purpose of litigating any such dispute.
10.3. Legal Proceedings and Compliance
10.3.1. Users agree to resolve any disputes with Planda on an individual basis in the courts of the United Kingdom and Wales and to not bring any claims as a plaintiff or class member in a class, consolidated, or representative action.
10.3.2. Users also agree to comply with all laws applicable to the terms, conditions, and use of Planda’s services.
10.4. Enforcement of Judgments
10.4.1. If a court ruling or judgment is made in Planda's favor, the user agrees to comply with the terms of the judgment immediately and to bear any costs or expenses incurred by Planda in enforcing the judgment.
11.1. Methods of Contact
11.1.1. For any inquiries, issues, or feedback regarding these Terms, or any aspect of Planda’s services, users are encouraged to contact Planda through the designated channels provided.
11.1.2. Users can reach out to Planda via:
- Email: hello@planda.co.uk
- Postal Mail: Aston House, Cornwall Avenue, N3 1LF
11.2. Response Time
11.2.1. Planda is committed to providing timely and helpful responses to all user inquiries and concerns. We aim to respond to all queries within a reasonable time frame, acknowledging receipt of the query as soon as possible.
11.2.2. The standard response time for email inquiries is typically within 48 hours during business days. For postal mail or other forms of communication, response times may vary.
11.3. Quality of Communication
11.3.1. Planda strives to ensure that all communications with users are clear, professional, and informative. Our goal is to address your inquiries comprehensively and provide effective solutions or guidance.
11.3.2. In complex cases requiring more time, Planda will inform the user of the expected timeframe for resolution and provide regular updates on the progress.
11.4. User Cooperation
11.4.1. Users are requested to provide as much detail as possible when making inquiries or reporting issues. This includes providing relevant account information, descriptions of the issue, and any specific questions or concerns.
11.4.2. This detailed information will assist Planda in providing more accurate and efficient responses.
11.5. Confidentiality in Communication
11.5.1. All communications between Planda and its users will be treated with confidentiality. Personal information shared during these communications will be handled in accordance with Planda’s Privacy Policy.
11.6. Feedback and Suggestions
11.6.1. Planda welcomes and encourages feedback or suggestions for improvements to our services. Users can provide feedback through the same contact channels listed above.
11.6.2. While not all suggestions can be implemented, they are valuable for ongoing service enhancement and are greatly appreciated.
12.1. Data Collection, Usage, Storage, and Protection
12.1.1. Planda adheres to strict data protection principles and complies with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR).
12.1.2. User data is collected through various means, such as during the registration process, through direct user inputs on our platform, and via automated means like cookies and analytics tools.
12.1.3. We use user data to provide and enhance our services, communicate with users, conduct analysis, and improve user experience.
12.1.4. Data is stored on secure servers, and we employ robust measures to protect it from unauthorised access, alteration, disclosure, or destruction. These include encryption, access control, and regular security audits.
12.1.5. We retain user data only for as long as is necessary for the purposes for which it is processed, in line with our data retention policy and applicable laws.
12.2. Types of Data Collected and Purposes
12.2.1. Types of data collected include:
- Personal Data: such as name, email address, and contact details, used for account setup, communication, and service personalization.
- Non-Personal Data: including usage statistics and analytics data, used for improving service functionality and user experience.
- Transactional Data: details of transactions and interactions with our services, used for billing and service delivery.
12.2.2. The data is used for purposes such as service delivery, customer support, service improvement, marketing (subject to user consent), and compliance with legal obligations.
12.3. User Rights and Data Management
12.3.1. Users have various rights concerning their data, including the right to access their data, request correction of inaccuracies, and, in certain circumstances, request deletion of their data.
12.3.2. Users have the right to request a copy of their personal data in a structured, commonly used, and machine-readable format, and have the right to transmit this data to another controller (data portability).
12.3.3. Users can object to the processing of their data and have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
12.3.4. We provide users with tools and account settings to access, correct, delete, or modify the personal data they have provided to us.
12.3.5. Users can contact us directly for any concerns or requests regarding their data rights.
12.4. Data Protection Officer and Contact
12.4.1. Planda has appointed a Data Protection Officer (DPO) to oversee compliance with data protection laws and regulations.
12.4.2. Users can contact the DPO for all matters related to privacy and data protection at hello@planda.co.uk
12.5. Privacy Policy
12.5.1. Detailed information about Planda’s data collection, processing, and protection practices can be found in our Privacy Policy, accessible on our website.
12.5.2. The Privacy Policy provides comprehensive details on the types of data we collect, the purposes for which we use it, users' rights, and how we keep data secure.
13.1. Accuracy of Information and Account Maintenance
13.1.1. Users are responsible for providing accurate, current, and complete information during the registration process and when using Planda’s services. This includes ensuring that contact details, payment information, and other personal data are kept up-to-date.
13.1.2. Users must maintain the confidentiality of their account information, including passwords. It is the user's responsibility to ensure that their account is not accessed or used in an unauthorised manner.
13.1.3. Any unauthorised use of an account or security breaches must be reported to Planda immediately. Users are responsible for all activities conducted under their account, including actions by third parties, if they fail to secure their account.
13.2. Adherence to Local Regulations and Legal Compliance
13.2.1. Users must comply with all local, national, and international laws and regulations applicable to their use of Planda’s services. This includes, but is not limited to, data protection laws, intellectual property laws, and export control laws.
13.2.2. Users are responsible for understanding and adhering to any regulatory requirements pertinent to their use of the service, especially those related to planning applications and property development.
13.3. Prohibition of Illegal Activities
13.3.1. Users are strictly prohibited from using Planda’s services for any illegal, fraudulent, or unauthorised purposes. This includes, but is not limited to, engaging in activities that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
13.3.2. Any use of the service to infringe upon the rights of others, including intellectual property rights, privacy rights, or proprietary rights, is strictly forbidden.
13.4. Responsible Use of the Service
13.4.1. Users must use Planda’s services responsibly and ethically. This includes not exploiting any system vulnerabilities, not engaging in activities that could harm the service or other users, and not disseminating harmful or malicious content.
13.4.2. Users must not attempt to gain unauthorised access to any part of the service, other users’ accounts, or any related networks or systems.
13.5. Content and Communication Standards
13.5.1. Users are responsible for ensuring that any content they provide, and their communications via the service, do not contain material that is offensive, defamatory, obscene, or otherwise objectionable.
13.5.2. Users must not transmit any unsolicited or unauthorised advertising, promotional materials, spam, or any other form of solicitation through the service.
14.1. Circumstances for Suspension or Termination
14.1.1. Planda reserves the right to suspend or terminate a user's account under various circumstances including, but not limited to:
- Violation of any of the Terms and Conditions outlined by Planda.
- Engagement in illegal activities or fraudulent behavior through the use of the service.
- Failure to pay for the services provided by Planda within the stipulated time, assuming all due notices for payment have been provided.
- Repeated infringement of intellectual property rights or other rights of Planda or third parties.
- Conduct that poses a threat to the security, integrity, or reputation of Planda’s service, other users, or the public.
- Prolonged inactivity of the user’s account.
14.2. Process of Suspension or Termination
14.2.1. In the event of a potential suspension or termination, Planda will typically provide the user with a warning and a chance to rectify the issue, unless the situation warrants immediate action (e.g., illegal activities).
14.2.2. Notification of suspension or termination will be communicated to the user via their registered email address or through other contact means provided by the user.
14.2.3. During suspension, the user’s access to the service will be temporarily disabled. Termination will result in permanent closure and deletion of the user’s account, along with potential loss of any data associated with the account.
14.3. Appeal Process
14.3.1. Users will have the opportunity to appeal a suspension or termination decision. The appeal must be submitted in writing to Planda within 14 days from the date of notification.
14.3.2. The appeal should include a clear explanation of the user’s case and any relevant evidence to support their position.
14.3.3. Planda will review the appeal, and the decision reached during this review will be communicated to the user. The decision made following the appeal is final.
14.4. Effects of Account Termination
14.4.1. Upon termination of an account, the user will no longer have access to any part of the service, and all associated data may be irretrievably deleted, subject to Planda’s data retention policies and applicable law.
14.4.2. Termination of the account does not affect the user’s outstanding obligations, including any outstanding payment obligations.
14.5. Reinstatement of Account
14.5.1. At Planda's discretion, a user’s account may be reinstated following a suspension or termination. This decision will be based on factors such as the nature of the violation, the user’s history, and any remedial actions taken by the user.
15.1. Pricing Structure
15.1.1. Planda offers various pricing plans and structures to suit different user needs. These may include subscription fees for ongoing access to our services, one-time charges for specific reports or features, and usage-based fees depending on the volume or nature of the services utilised.
15.1.2. Detailed information on our pricing structure, including any tiered pricing, bundles, or special offers, is available on our website or can be provided upon request.
15.1.3. All prices are clearly stated in our pricing communications and are exclusive of any applicable taxes. Any changes to our pricing will be communicated to existing users in advance.
15.2. Payment Terms and Methods
15.2.1. Payment for Planda’s services can be made through various methods, including credit/debit card, bank transfer, online payment platforms, or other methods as specified by Planda.
15.2.2. Payment is due as per the terms stated at the time of purchase, which could be upfront, monthly, or based on usage. Billing cycles and payment due dates will be clearly communicated to users.
15.2.3. It is the user's responsibility to ensure that payment information is accurate and that funds are available for payment processing.
15.3. Late or Failed Payments
15.3.1. In cases of late payments, users may be subject to late fees or interest charges as stated in our payment terms.
15.3.2. If a payment fails, for example due to insufficient funds or expired credit card details, the user will be notified and may be given a grace period to rectify the payment issue.
15.3.3. Continuous failure to make payments may result in suspension or termination of the user’s access to the services, as outlined in the "Account Suspension and Termination" section.
15.4. Invoice and Receipts
15.4.1. Planda provides invoices and receipts for all transactions. These documents will either be sent electronically to the user's registered email address or can be accessed through the user’s account on the Planda platform.
15.4.2. Users are advised to keep copies of all transaction documentation for their records.
15.5. Refund Policy
15.5.1. Planda’s refund policy will be clearly outlined, specifying the conditions under which refunds may be granted, the process for requesting a refund, and the timeframe for refund processing. Planda does not issue refunds for provided reports standardly. In some eventualities Planda may issue a refund, this is at the discretion of Planda and its employees.
15.5.2. Refund eligibility may depend on the type of service purchased, duration of use, and the reason for the refund request.
15.6. Changes to Payment Terms
15.6.1. Planda reserves the right to modify payment terms and pricing structures. Such changes will be communicated to users in accordance with our policy on "Modifications to Terms and Service."
16.1. Service Availability
16.1.1. Planda aims to provide a high level of service availability, targeting a 99% uptime rate. This means our services are expected to be operational and accessible to users for the vast majority of the time.
16.1.2. However, users should be aware that occasional disruptions and downtime may occur due to system updates, technical issues, or factors beyond our control. Planda commits to minimising such occurrences to the best of our ability.
16.1.3. Planned maintenance, which might temporarily affect service availability, is scheduled during off-peak hours to minimise the impact on users. We strive to conduct such maintenance activities in a way that causes the least disruption to our service.
16.2. Notification of Maintenance and Service Interruptions
16.2.1. Planda will provide advance notice to enterprise users regarding any planned maintenance that might affect service availability. This notice will typically be given 48 hours in advance.
16.2.2. Notifications will be disseminated through various channels such as email, notifications within the service platform, or announcements on our website.
16.2.3. In the event of unplanned service interruptions, Planda will promptly inform users of the issue and provide regular updates regarding the status of the service and the expected resolution time.
16.3. Emergency Maintenance
16.3.1. In the case of urgent or emergency maintenance required to address security vulnerabilities or critical technical issues, Planda may need to temporarily suspend the service without prior notice.
16.3.2. In such scenarios, Planda will communicate with users as soon as practically possible, providing information about the nature of the problem and the anticipated time frame for service restoration.
16.4. User Support During Downtime
16.4.1. Our customer support team will be available to assist users and address any concerns or queries during periods of service downtime.
16.4.2. Contact information for support will be readily available on the Planda website and within the service platform.
16.5. Service Restoration
16.5.1. After any maintenance or resolution of service interruptions, Planda will make all reasonable efforts to restore service functionality as swiftly as possible.
16.5.2. Users will be notified once the service is fully operational again.
17.1. Use of Third-Party Services
17.1.1. Planda’s service may include links to third-party websites, services, or resources, as well as integration with third-party tools and services. These are provided for convenience and to enhance user experience.
17.1.2. Users acknowledge that such third-party services are independent from Planda, and as such, Planda does not have control over, nor assumes any responsibility for, the content, policies, practices, or services provided by these third parties.
17.1.3. Interaction with any third-party services, whether accessed through a link on Planda’s platform or through direct integration within our services, is solely at the user’s own risk.
17.2. Disclaimer of Liability
17.2.1. Planda will not be liable for any harm, loss, or damages incurred as a result of the access or use of third-party services. This includes, but is not limited to, data loss, privacy violations, or damage caused by malware or other malicious software associated with third-party sites or services.
17.2.2. Users should exercise caution and review the terms and privacy policies of third-party websites or services to understand their practices.
17.3. No Endorsement
17.3.1. The inclusion of third-party links or services within Planda’s platform does not imply an endorsement or recommendation of these services by Planda.
17.3.2. Planda does not guarantee the accuracy, completeness, or reliability of information, data, opinions, advice, or statements made on these third-party sites.
17.4. Changes to Third-Party Services
17.4.1. Third-party services are subject to change, and their links or integration within Planda’s platform may be removed, updated, or replaced at any time without notice.
17.4.2. Planda is not obligated to maintain any particular third-party link or integration and may remove such links or integrations based on user feedback, performance issues, or changes in our own services.
17.5. User Responsibilities
17.5.1. Users are responsible for any charges or obligations incurred through third-party services and should read and understand the terms and conditions and privacy policies of these third-party services.
17.5.2. Any disputes or issues arising from the use of third-party services should be directed to the respective third-party service provider.
18.1. Right to Modify Services
18.1.1. Planda reserves the right to modify, update, enhance, or discontinue any aspect of its services at any time, including features, functionalities, and the user interface.
18.1.2. Modifications may include, but are not limited to, adding new functionalities, removing outdated features, updating software, changing service methodologies, and implementing new technological advancements.
18.1.3. These changes are typically made to improve user experience, enhance service capabilities, ensure security and compliance, or respond to user feedback and market trends.
18.1.4. While Planda endeavors to enhance the overall quality of its services, we recognise that modifications may alter how users interact with the service or use certain features.
18.2. Notification of Changes
18.2.1. Planda is committed to keeping its users informed of any significant changes to the services that could impact user experience or the way users interact with the service.
18.2.2. Notifications of significant service modifications will be communicated through various channels, such as emails to registered users, announcements on our website, in-service notifications, or through our regular updates and newsletters.
18.2.3. For minor updates and regular enhancements that do not significantly affect service use, Planda may update the change logs or help documentation accessible through the service without direct user notification.
18.3. User Feedback on Service Modifications
18.3.1. Planda values user feedback regarding service changes and encourages users to share their experiences and suggestions. This feedback can be submitted through the contact channels provided in the "Contact and Communication" section.
18.3.2. User feedback will be considered in future updates and modifications to ensure that the service continues to meet user needs effectively.
18.4. Adjustments to User Preferences
18.4.1. In the case of significant changes, users may need to adjust their settings or preferences within the service. Planda will provide adequate information and support to assist users in making any necessary adjustments.
18.5. Discontinuation of Services
18.5.1. In the rare event that Planda decides to discontinue a major service or feature entirely, users will be notified well in advance, and we will provide information on alternative solutions, data retrieval, or migration options, if applicable.
19.1. Definition and Scope
19.1.1. A 'Force Majeure' event refers to any circumstance beyond the reasonable control of Planda that prevents or hinders the fulfilment of any of our obligations under these Terms and Conditions.
19.1.2. Such events may include, but are not limited to, natural disasters (like earthquakes, floods, hurricanes), acts of terrorism, civil unrest, war, strikes or labor disputes, governmental actions, epidemics or pandemics, and significant disruptions to internet services or infrastructure.
19.2. Exemption from Liability
19.2.1. In the event of a Force Majeure, Planda will not be held liable for any failure or delay in performing its obligations under these Terms and Conditions.
19.2.2. This exemption applies to obligations that are directly impacted by the Force Majeure event and does not negate any obligations that remain unaffected.
19.3. Notification and Communication
19.3.1. Upon the occurrence of a Force Majeure event, Planda will make all reasonable efforts to notify users promptly, outlining the nature of the event and its potential impact on our services.
19.3.2. Communication will be carried out through available channels, such as email, notifications on the Planda website, or direct messages within the service platform.
19.4. Mitigation and Continuation of Service
19.4.1. Planda will undertake reasonable efforts to mitigate the effects of the Force Majeure event and to continue to provide services to the best of our ability.
19.4.2. This may include activating disaster recovery plans, reallocating resources, or utilising alternative service provisions.
19.5. Resumption of Normal Service
19.5.1. Once the Force Majeure event is resolved or its impact mitigated, Planda will resume normal operations as soon as practicable.
19.5.2. Users will be informed of the resumption of normal service operations and any necessary steps they need to take following the disruption.
19.6. User Cooperation
19.6.1. During a Force Majeure event, Planda requests the understanding and cooperation of its users, recognising that the quality and timeliness of services may be affected.
19.6.2. Users are encouraged to exercise patience and understanding, and to follow any instructions or recommendations provided by Planda to facilitate the continuation or resumption of services.
20.1. Nature of Third-Party Links
20.1.1. Planda’s service may contain hyperlinks to websites operated by parties other than Planda. These links are provided for user convenience and to offer additional information.
20.1.2. The inclusion of hyperlinks to third-party websites does not imply any endorsement, sponsorship, or recommendation by Planda of the content, products, services, policies, or practices of these external sites.
20.2. Disclaimer of Control and Responsibility
20.2.1. Planda has no control over the content, terms and conditions, privacy policies, or practices of third-party websites. As such, Planda assumes no responsibility or liability for any material that may be accessed through such links or any losses or damages incurred from the use of these third-party sites.
20.2.2. The use of third-party websites is entirely at the user’s own risk. Planda encourages users to be cautious and to familiarise themselves with the privacy policies and terms of use of any third-party website they visit.
20.3. Accuracy of Third-Party Information
20.3.1. Planda does not verify, monitor, or endorse the data, advertisements, products, or resources available from third-party sites and is not liable for any inaccuracies or omissions in their content.
20.3.2. Any reliance on representations and warranties provided by third parties will be at the user’s own risk.
20.4. Changes and Removal of Links
20.4.1. Planda reserves the right to remove or modify any links to third-party websites at any time without prior notice.
20.4.2. If users find any link on Planda’s service or any linked website objectionable for any reason, they are encouraged to contact Planda. We will consider requests to remove links but will have no obligation to do so or to respond directly to the user.
20.5. User Interaction with Third-Party Sites
20.5.1. Any interactions or business dealings with advertisers or third parties found on or through third-party websites, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the user and the third party.
20.5.2. Planda will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on third-party websites.
21.1. 'As Is' Basis of Service
21.1.1. Planda provides its services, including all associated features, functionalities, tools, and content, on an “as is” and “as available” basis. This means that Planda does not represent or warrant that the service will be uninterrupted, error-free, or completely secure.
21.1.2. To the fullest extent permissible under applicable law, Planda expressly disclaims all warranties of any kind, whether express or implied, relating to the service. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
21.2. No Implied Warranties
21.2.1. Planda makes no warranty that the service will meet your requirements or that the results obtained from using the service will be accurate or reliable.
21.2.2. We do not warrant that any information obtained from the service will be accurate, complete, or useful. Users are responsible for verifying any information before relying on it.
21.3. Content and Information Disclaimer
21.3.1. Any content or data downloaded or otherwise obtained through the use of the service is accessed at the user’s own risk. Planda is not responsible for any damage to computer systems or loss of data resulting from the download of such content or data.
21.3.2. Planda does not endorse, warrant, or assume responsibility for any product, information, or service advertised or offered by a third party through the service.
21.4. Limitations as per Applicable Law
21.4.1. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above disclaimers and limitations may not apply to you to the extent they are prohibited or superseded by state or national provisions.
21.5. User Acknowledgment
21.5.1. Users acknowledge and agree that any use of the service is at their own risk. The disclaimers and exclusions under this warranty disclaimer are an essential part of the agreement between Planda and its users.
22.1. Severability of Terms
22.1.1. The Terms and Conditions of Planda are intended to be severable and divisible. This means that if any provision (or part of a provision) of these Terms is found to be invalid, illegal, or unenforceable by a court or other competent authority, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable.
22.1.2. If such modification is not possible or if it materially alters the intention of the parties, the affected provision (or part of it) shall be deemed deleted from these Terms. This deletion will not affect the validity and enforceability of the remaining provisions of the Terms, which will continue in full force and effect.
22.1.3. Planda’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Nor shall any course of conduct between Planda and its users or any trade practices be deemed to modify any provision of these Terms.
22.2. Continuation of Agreement
22.2.1. In the event of any such deletion or modification as described above, the parties agree to negotiate in good faith to replace the invalid, illegal, or unenforceable provision with a valid and enforceable provision that achieves, to the extent possible, the original intentions and economic objectives of the parties as reflected in the original provision.
22.2.2. The continuation and full force of the remaining provisions of these Terms ensures the uninterrupted provision of Planda’s service to its users, thereby maintaining a consistent and predictable legal framework for both parties.
22.3. Waiver
22.3.1. No waiver by Planda of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Planda to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
22.3.2. Waiver of any breach or failure to enforce any term of these Terms shall not be deemed a waiver of any subsequent breach or right to enforce which may thereafter occur.
23.1. Superseding Effect
23.1.1. The Terms and Conditions set forth by Planda, including any documents expressly incorporated by reference (such as the Privacy Policy), constitute the entire agreement between Planda and its users regarding the subject matter hereof. This agreement supersedes and extinguishes all prior agreements, promises, assurances, warranties, representations, and understandings between the parties, whether written or oral, relating to its subject matter.
23.2. Binding Nature of the Terms
23.2.1. These Terms embody the whole agreement of the parties with respect to the use of Planda’s service and are binding upon both Planda and the users. No variation of these Terms shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
23.3. Prior Representations and Understandings
23.3.1. Users acknowledge that in entering into this agreement, they do not rely on, and hereby waive any remedies for, any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms.
23.3.2. Planda also confirms that it has not relied on any representation, warranty, or agreement relating to the service that is not expressly included in these Terms, and no such representation, warranty, or agreement has any effect as of the date of these Terms.
23.4. Acknowledgement of Understanding
23.4.1. By using Planda’s service, users acknowledge that they have read and understood these Terms, agree to be bound by them, and accept that these Terms represent the complete understanding between the user and Planda concerning the service.
23.4.2. Users also acknowledge that these Terms supersede any proposal or prior agreement, oral or written, and any other communications between the parties relating to the subject matter of these Terms.
23.5. Future Amendments
23.5.1. Any future amendments or changes to these Terms will be in accordance with the "Modifications to Terms and Service" section of these Terms and Conditions.
