Terms & Conditions

This Website is provided by Planningfinder Limited ("Planningfinder") whose registered office address is Prospect House, Rouen Road, Norwich, Norfolk NR1 1RE and whose company number is 6171969 and VAT number is 711518562.

Terms & Conditions

Variation of these Terms & Conditions

Definitions

Registration

Saved Searches

Reliance on the information provided

Service access

Breach of Terms and Conditions

Software and Security

Third Party Website

Intellectual Property & Content

Additional Services

Jurisdiction

Conditions of Acceptance of Advertisements

Data Protection and Privacy Policy

Indemnity

Cancellation Policy

These terms and conditions apply to all users of this Website. If You do not accept these terms then You should immediately stop using this Website. Your use of the Website confirms Your acceptance of these terms. We will not be liable to You for any interruption or delay that You experience in accessing the Website, whatever the cause.

No metatags, hyperlinks or other forms of linkage whatsoever to any other website may be imposed on the Website unless express prior permission has been given. Access to particular areas of the Website may be subject to additional terms to which You confirm Your acceptance of by entering the particular areas. If You do not accept those terms then You should immediately stop using those pages.

Planningfinder does not warrant that functions contained in the Website content will be uninterrupted or error free, that defects will be corrected or that the Content or the Server(s) are available free of viruses or bugs.

This Website is made available on the basis that there are excluded, to the extent permitted by law, any terms implied by statute or otherwise and all liability for any loss or damage however it arises out of the use of this Website or reliance on its content.

VERSION DATE: March 2013

Variation of these Terms & Conditions

We reserve the right to make changes to any part of the Website. It may therefore be necessary to change these Terms and Conditions. If We do change the Terms and Conditions, We will update the date above. If You use any of the Website after We have published such changes, You will be agreeing to be bound to those changes. If You do not agree to be bound by the changes then You should immediately stop using the Website.

Definitions

"Archant Group" "Archant" means Archant Limited, whose registered office is at Prospect House, Rouen Road, Norwich NR1 1RE, and any subsidiary from time to time of Archant Limited also referred to as "We", "Us" and "Our". Subsidiary has the meaning given in section 1159 of the Companies Act 2006.

"Websites" means the websites and mobile sites (including their constituent pages) with their home pages published by Planningfinder; and any other website, mobile site or web address owned or operated by a member of the Archant Group as may link to these Terms and Conditions from time to time.

Registration

Where any part of the Website requires that you register in order to use it, you are obliged to provide accurate and complete registration information. It is your responsibility to update and maintain any changes to that information (including your e-mail address) by altering your details as appropriate.

Registration is at your own risk and We will not be liable for any unauthorised transactions made using your user name, pin number or password

Saved Searches

Where you save any searches that you have carried out, you will receive an email notification of applications that relate to these searches. These Terms and Conditions shall apply to the content of such emails.

You can unsubscribe from these notifications at any time by deleting your saved search/es.

Reliance on the information provided

The material provided on this Website is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied (as far as permitted by law), including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

We do not warrant that the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials. We will not be liable for any loss or damage arising from use the Website. This limitation of liability includes, without limitation, liability for indirect or consequential loss, loss of (or loss of use of) data, loss of income or profits, loss of business, loss of anticipated savings, damage to property and claims of third parties.

None of the exclusions and limitations contained in these Terms and Conditions are intended to limit any rights you may have which may not lawfully be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence.

Service access

While we endeavour to ensure that the site is normally available 24 hours a day, we shall not be liable if for any reason the site is unavailable at any time or for any period.

Access to the site may be suspended temporarily and without notice in the case of system failure, maintenance or repair for reasons beyond our control.

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. We will always try to keep any disruption to a minimum but acknowledge that this will not always be possible. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

We reserve the right to remove the Website and content at any time.

Breach of Terms and Conditions

We reserve the right to take any action that we deem appropriate if we determine, in our discretion, that there has been a breach of these Terms and Conditions, including but not limited to the suspension or termination of Your account.

Software and Security

We are not responsible for any technical or other issues that may arise if you download software from an external third party Website (e.g. Acrobat Reader) or upgrade your browser software to enhance your usage of the Website.

Third Party Website

This website provides links to other websites. These links are for your convenience only and do not signify that We endorse or undertake any responsibility for the content of or any transactions that you enter into relating to those linked sites. Use of third party websites is entirely at your own risk.

Intellectual Property & Content

The Website and/or the services contain content owned by Planningfinder. The content is protected by copyright, trademark, patent, trade secret and other laws. Planningfinder owns and retains all rights in the content and the Website and the services. Planningfinder hereby grants you a limited, revocable, non-sublicensable licence to reproduce and display the content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Website and using the services.

The Website and the services contain content owned by others ("Third Party Content"). You may not, unless specifically authorised by Planningfinder in writing: copy, modify, translate, publish, reproduce, commercially exploit, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Website or the services. You may retrieve and display content from the Website or the services on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on disc (but not on any server or other storage device connected to a network) for your personal non-commercial use.

Additional Services

From time to time We may provide additional services for You to download. However, the download time may vary considerably between the types of content and You agree that You are wholly liable and responsible for any telephone call and/or other charges incurred in downloading the same.

Jurisdiction

Your use of this Website, these terms and conditions and any matters arising are subject to the laws of England and Wales. Any dispute is subject to the exclusive jurisdiction of the Courts of England and Wales. Save as specifically provided otherwise. This Website is targeted only at, and goods and services are only available to, UK residents.

Conditions of Acceptance of Advertisements

IMPORTANT: These Conditions contain an indemnity if You breach Your warranties to Us.

General

These Conditions apply to any advertisement which You have asked Us to publish on Your behalf in a Title (the "Advertisement") and by making such an offer (an "Order") You agree to be bound by these Conditions in that respect.

These Conditions override any terms stipulated by You on order forms or elsewhere unless We accept those terms in writing. If we do so, these Conditions will apply except to the extent that they are inconsistent with anything so agreed by Us.

Definitions

"We" and "Us" means, and "Our" refers to, the Company which is the publisher of the Title in which You have asked Us to publish Your Advertisement.

"Title" means any publication or Website which We publish.

"You" means, and "Your" refers to, the person placing the Order with Us and where that person is an advertising or other agency placing the Advertisement on behalf of their client that agency agrees that it has placed the Order as principal.

Orders

We may insist on You submitting Your Order in writing and if We do so You will not be deemed to have placed an Order until We receive it in writing. If We do not insist that You submit Your Order in writing it is deemed to be placed when the initial Order is made, subject to the terms and conditions below. If You deliver copy instructions to Us, We may treat this as an Order unless it is clearly marked as "not constituting an Order".

We will notify You if We do not accept Your Order within 3 working days of receiving it. Publication of the Advertisement will mean We have accepted the Order.

We are not obliged to accept Your Order or to publish any Advertisement placed by You and cannot guarantee insertion, special position, the date or the classification of any such Advertisement, or the distribution of the Title. We will not be liable for any loss or damage incurred as a result of Our failure in these respects. We may reject any Order (in whole or part) prior to (any) publication by notice to You and (to the extent rejected) We will refund any pre-payment in that case but will have no further liability.

We may carry forward an Advertisement not inserted to the next suitable issue of a Title.

If You place an Order but fail to provide copy/artwork by the publication deadline, We may repeat any previous relevant Advertisement from You for which We have copy, or use a filler, and charge You the full price of Your Order in any event.

Advertising standards, legal obligations and third party rights

You confirm and warrant to Us that the copy You provide and the publication by Us of an Advertisement pursuant to an Order will:

  • be legal, decent, honest and truthful;
  • not result in a breach of any relevant Code of Practice, including other provisions of the Advertising Standards Code of Practice
  • not breach any legislation;
  • not be defamatory;
  • not infringe any copyright, trademarks or other legal rights of any person or company and that You have received any consent needed to refer to or portray people (expressly or impliedly) in the Advertisement.
  • when appearing on any Planningfinder Website will not contain hyperlinks or metatags linking to the advertiser's own Website unless express prior permission has been granted by Planningfinder.

You agree:

  • to indemnify Us in respect of all costs, damages and other charges We incur or to which We are subject as a result of publication of any Advertisement pursuant to Your Order where there is a breach of any warranty given by You to Us;
  • not to be in breach of contract in relation to the Order/Advertisement;
  • that We may store, reproduce and distribute copy relating to any Advertisement, including by electronic means;
  • that We may without notice or warning destroy any box office correspondence or communication received in response to an Advertisement which We think it inappropriate to deliver;
  • that We accept no liability in respect of any loss or damage alleged to have arisen though delay in forwarding or omitting to forward replies to box numbers to the advertiser (however caused)
  • that We may liaise with the police and/or any other relevant authority in relation to any Order/Advertisement or any response to any of them We receive (including passing on Your details);
  • that We may record and use Your details to perform Our obligations under these Conditions and publish Your Advertisement (including by passing them to other group companies and/or sub-contractors as reasonably necessary to do so);
  • if You are an agency acting for a client, that We may provide a proof of the Advertisement direct to the client for approval by whatever means We deem appropriate;
  • that We may hold Your details on record for a reasonable period and contact You about future advertising opportunities which We believe may be of interest to You.
  • that any material submitted by You is held by Us at Your own risk and should be insured by You against loss or damage from what ever cause. We reserve the right to destroy without notice all such property after the date of its last appearance in an advertisement unless You have given written instructions to the contrary.
  • that You acknowledge that We shall have no liability for any variation of up to 10% in the final published size of any advertisement.

Cancellation

We are not obliged to accept a cancellation request (which We may require to be made in writing). All magazine cancellations must be made in writing a least one calendar month prior to the publication date. All other cancellations should be made within four working days of publication.

If We accept a cancellation for part of a series of Advertisements, We may surcharge You for any insertions in that series which are not cancelled.

Artwork

We retain copyright (and any other intellectual property rights) in all Our artwork, copy and other materials in any Advertisement (even if combined with any of Your copyright materials). In addition, You agree that We own the copyright in the typographical arrangement of all Advertisements. No copy in any form will be returned unless agreed in writing by Us at the time of placing the Order.

We will not be liable for accidental loss or damage to Your copy, including artwork and photographs, in any format. Accordingly, Our liability for non-accidental damage to Your copy will be limited to the value of the medium in which they are embodied.

Errors, omissions or inaccuracies in Advertisements

We will not be liable for:

  • any error (including but not limited to spelling and text errors), misprint, inaccuracy or omission in Advertisements, a proof of which has been agreed by You;
  • any error (including but not limited to spelling and text errors), misprint, inaccuracy or omission in an Advertisement, if that error is notified to Us more than one week after its publication;
  • any error (including but not limited to spelling and text errors) misprint, inaccuracy or omission in a second or subsequent Advertisement in a series;
  • any error (including but not limited to spelling and text errors) misprint, inaccuracy or omission in an Advertisement which does not detract from the essence of that Advertisement.

Where We acknowledge an error (including but not limited to spelling and text errors) misprint, inaccuracy or omission We will, at Our choice, either publish the corrected Advertisement, or depending upon how payment was made issue You a credit note or refund Your credit/debit card, to a value not exceeding the price of the Advertisement and this will be the limit of Our liability in respect of the error, misprint, inaccuracy or omission.

Payment

Except where We state otherwise, all prices are exclusive of VAT.

You will pay for an Advertisement on placing an Order, unless credit terms have been agreed. You will be sent an invoice unless You have pre-paid (or a direct debit arrangement is in place), in which case You will only be sent an invoice if You request one.

Credit terms are that payment is due seven days from the date of invoice, unless You apply for, and We grant, a monthly account.

A query on an item on an invoice issued by Us will not affect the time at which You are liable to pay the rest of that or any other invoice issued by Us.

If You do not pay a sum due to Us by the due date, all sums due by You to Us become payable on the due date for the sum not paid and We may suspend further advertising for You and charge You compensation and interest according to the Late Payment of Commercial Debts (Interest) Act 1998.

Applicable Law

Nothing in these conditions shall exclude or limit Our liability for death or personal injury caused by Our negligence, for Our fraud or otherwise to the extent it would be illegal to do so.

These Conditions shall be governed by and construed in accordance with the laws of England and Wales.

Data Protection and Privacy Policy

Our privacy policy

Planningfinder is committed to respecting Your privacy. This statement sets out how Archant Group Websites comply with European Community data protection requirements. We are registered under the Data Protection Act 1998.

This privacy statement applies to this Website only - it does not cover other websites to which We may provide links, or to Archant Websites other than those operated by Archant Group.

Is it possible to access the Website without disclosing personal data?

Yes. You can visit the Website without identifying Yourself or revealing any personal information. Once You choose to provide Us with any information by which You can be identified, it will only be used in accordance with this privacy statement.

What information do We collect?

We collect the personal data that You volunteer on forms You submit to Us (for example in registering for membership services), and in emails You send to Us.

Where You can Order products, We will collect Your name, contact and billing information, transaction and credit card information.

Registering via a Social Network

If You choose to register via a Social Network on our registration page ("Social Network Registration"), You acknowledge and consent for Your data held by the Social Network site (subject to the Social Networks Terms and Conditions) to be processed and shared via a third party whom may be based outside of the European Economic Area and for such data to be processed by Us. The only data obtained during the Social Network Registration is Your name and email address.

What do We do with the information We gather?

We require this information to understand Your needs and provide You with a better service. We will also use it to send You the information You have requested - for example details of houses for sale and jobs which match Your requirements.

We may contact You for market research purposes or to give You information about new features on the Website. You will only be contacted if You have given Us authority to do so.

Do We disclose Your personal data to third parties?

We will ensure that Your personal data will not be disclosed to third parties except insofar as You have consented to such disclosure or We are required to do so by law.

Your personal data may be disclosed to other companies within the Archant Group.

Can I see the information You hold about me? And can I amend it?

You may request details of personal information which We hold about You under the Data Protection Act 1998. If You would like a copy of the information, please write to Company Secretary, Data Protection, Archant Limited, Prospect House, Rouen Road, Norwich, Norfolk NR1 1RE, or email dataprotection@archant.co.uk. A £10 fee is payable for all requests made under the Data Protection Act.

If You believe that any information We are holding on You is incorrect, please write or e-mail Us to the above address. We will correct any information which was found to be incorrect within 28 days and without charge.

If You have agreed to the disclosure of personal information and to receiving marketing and promotional information, but no longer wish to do so, then please contact Us at 01603 772772.

If You are unhappy with Our response, You can ask the Information Commissioner to assess whether the requirements of the Data Protection Act have been met. Write to The Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Is the information You hold on me secure?

We are committed to ensuring that Your information is secure. In order to prevent unauthorised access or disclosure We have put in place physical, electronic and managerial procedures to safeguard and secure the information We collect on-line. All employees who have access to Your personal data are contractually obliged to respect Your confidentiality. We have put in place technology measures and security policies and procedures to protect personal information from unauthorised access, improper use, alteration, unlawful or accidental destruction or accidental loss.

Do We use cookies?

Yes. A cookie is a piece of text which asks permission to be placed on Your computer's hard drive. Your browser adds that text in a small file. A cookie helps Us to analyse web traffic and allows Websites to respond to You as an individual. For example cookies are used for membership details on the property, jobs and business sections.

Do We gather any other information?

Yes, We use an independent measurement and research company called Omniture, who gathers non-personal data regarding the visitors to Our website on Our behalf using cookies and code. Both the cookies and the embedded code provide non-personal statistical information about visits to pages on the website, the duration of individual page view, paths taken by visitors through the website, data on visitors' screen settings and other general information. Archant uses this type of information, as with that obtained from other cookies used on the website, to help it improve the services to its users.

Indemnity

You agree to indemnify and hold Archant, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, demand, claim or legal proceedings brought or threatened, including expenses of any character suffered or incurred arising out of Your use of the Website or the services in violation of this Agreement, and/or arising from Your use of or conduct on the Website or in use of the services and/or a breach of this Agreement.

Cancellation Policy

You are entitled to cancel the services that we provide for you for seven working days after entering into the contract with us (which will be deemed to start when you receive your confirmation payment email from WorldPay). To cancel your contract within these seven days please contact us at enquiries@planningfinder.co.uk and we will refund of all monies paid by you to the to the method which you paid with, within 30 days of receiving your email. Cancellation after the initial seven day period will incur a full monthly charge for the package purchased. No other cancellation or refund option is available.