Terms and Conditions

1. Terms of website use

This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.parentplan.com (“our site”), whether as a browser, invited member or a registered member. Use of our site includes accessing and browsing the site. Use also includes becoming a member and making use of the membership facilities within our site such as uploading and sharing documents, photos and videos, using the pin board and calendar facilities and sharing contact information. You or a member on your behalf is required to join the service to have access to the membership facilities.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our site.

2. Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy which sets out information about the cookies on our site.

If you wish to become a member, our Member Terms will apply to your membership.

3. Information about us

www.parentplan.com is a site operated by Phoenix Family Solutions Limited (“We” or “us”). We are registered in England and Wales under company number 09265025 and have our registered office at St Brandon’s House, 29 Great George Street, BRISTOL, BS1 5QT. Our VAT number is 221331171. We are a limited liability company.

4. Acceptable Use of the Site

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors or any other persons who use the site in any way.
  • To send, knowingly receive, upload, download, use or re-use any material, which does not comply with our Content Standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the site, and/or any computer software or hardware.
  • For any purpose other than the effective communication between family members about a child and family responsibilities to help families to organise their lives effectively.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms of use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.

Members Interactive Services

If you become a member of the site, you will have access to some Members Interactive Services, which we may include in the site from time to time, including without limitation:

  • Calendar.
  • Pin Board.
  • Contacts.
  • Document and Image Sharing and Storage.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical). At the moment, the Members Interactive Services are not moderated.

It is our intention that Members Interactive Services are ring fenced such that they are only accessible by family members or members who have been invited by existing members.

We will do our best to assess any possible risks for users (and in particular, for children) from members or third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content Standards, whether the service is moderated or not.

The use of any of our Members Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

We do not currently moderate the Members Interactive Services however we will provide you with a means of contacting us, should any concern or difficulty arise in relation to the Members Interactive Services.

Content Standards

These Content Standards apply to any and all material, which you contribute to our site (“contributions”), and to any Members Interactive Services associated with it.

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.
  • Be provided in the formats stated.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Contain sexually explicit material.
  • Promote violence.
  • Discrimate or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation and/or age.
  • Infringe any copyright, database right, right of privacy, confidentiality or trade mark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty, a duty of confidence and/or a court order.
  • Promote any illegal activity.
  • Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us or the site, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this section 4 (Acceptable Use of the site) through your use of our site. When a breach has occurred in our opinion, we may take such action as we deem appropriate.

Failure to comply with this section 4 (Acceptable Use of the site) constitutes a material breach of these terms of use, and may result in our taking all or any of the following actions, in our sole discretion:

  • Immediate, temporary or permanent withdrawal of your right to use our site, whether as a member or user of the site.
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to any relevant law enforcement authorities worldwide as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this section 4 (Acceptable Use of the site). The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate or responsible for the protection of the site, its users and members and third parties, especially minors.

5. Changes to these terms

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

6. Changes to our site

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

7. Accessing our site

Access to our public site is made available free of charge. Access to the members area is subject to the payment of the membership fees set out at membership options and to the terms contained therein.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

8. Your account and password

If you become a member you will be provided with a user identification code, password or any other piece of information as part of our security procedures. You must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at enquiries@parentplan.com.

9. Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on the site, except materials (such as photos, diary entries, schoolbag entries and documents), which are provided by you as a member to the Members Interactive Services (“Members Materials”). Our site and the materials on the site except the Members Materials are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site (excluding the Members Materials) in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

We make no representations, warranties or guarantees or otherwise about the materials posted on the Members Interactive Services.

11. Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.

If you are a business user or member, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user or member, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Notwithstanding the above, even if we have been advised of the possibility of damage or loss, in no event shall our liability whether in contract, tort (including negligence) or otherwise exceed the amount which you have paid to us for your membership in the previous 6 months, or £50 whatever is the lesser.

12. Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, such as the Members Interactive Services, or to make contact with other members of our site, you must comply with the Content Standards set out in Section 4 (Acceptable Use). You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site, such as the Members Interactive Services, will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other members of the Site within your family members on the site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).

We also have the right to disclose your identity to: (a) any third party who is claiming that any content posted or uploaded by you to our site, including the Members Interactive Services, constitutes a violation of their intellectual property rights, or of their right to privacy; (b) any relevant law enforcement authorities worldwide as we reasonably feel is necessary.

We will not be responsible, or liable to any third party, for the content or accuracy of any content or material posted by you or any other member of our site.

We have the right to remove any comment, material or content which you make on our site, including the Members Interactive Services, if, in our opinion, your post, material or content does not comply with the Content Standards set out in section 4 (Acceptable Use).

The views expressed by other users on our site do not represent our views or values.

You are solely responsible for securing and backing up your content and materials.

13. Rights you licence

When you upload or post content to our site, including he Members Interactive Services, you grant the following licenses:

  • A non exclusive, worldwide, perpetual, irrevocable, royalty free license to us (and any third parties acting on our behalf to fulfil the site) to use, publish, distribute, amend, copy adapt, store the Members Materials and all materials and otherwise which you make available via the site.
  • A non exclusive, worldwide, perpetual, irrevocable, royalty free license to your family members to use, publish, distribute, amend, copy adapt, store the Members Materials and all materials and otherwise which you make available via the site.

14. Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful, including via the Members Materials. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

15. Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the Content Standards set out in section 4 of these terms (Acceptable Use).

If you wish to make any use of content on our site other than that set out above, please contact enquiries@parentplan.com.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

16. Applicable law

If you are a consumer, please note that these terms of use, the subject matter and the formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

17. Trade marks

UK 00003093847 are UK trade marks of Phoenix Family Solutions Limited.

18. Contact us

To contact us, please email enquiries@parentplan.com.

Thank you for visiting our site.

Last updated: December 2015