Welcome to www.thebusinessplanshop.com. Any access to and/or use of this Website and/or the Service on this Website is governed by the terms and conditions of use set out below ("Terms and Conditions"), our Privacy Policy and Cookie Policy. Access to and/or use of this Website and/or the Service provided on this Website implies your agreement and acceptance of these Terms and Conditions, our Privacy Policy and Cookie Policy. You must Consent to the use of Cookies on this Website.
If you do not accept these Terms and Conditions, our Privacy Policy and/or Cookie Policy, please do not proceed any further and leave this Website immediately.
The Service provided on this Website is aimed at entrepreneurs to enable them to use the Application to create a business plan. This Website and/or the Application can be accessed via a computer or mobile device. This Website is owned and operated by The Business Plan Shop Ltd whose registered office is at 20-22 Wenlock Road, London N1 7GU and can be contacted at hello@thebusinessplanshop.com.
These Terms and Conditions specifically govern the use of the Service provided on this Website to Clients. These Terms and Conditions are not applicable to people accessing the Website from France, please refer to the French Terms and Conditions accessible at https://www.thebusinessplanshop.com/fr/societe/conditions-utilisation.
1.1. "Account" means the account created by the Client upon completion of the Registration process on this Website.
1.2. "Application" means the software offered by The Business Plan Shop as an online business planning solution to Clients via the Service offered on this Website. The online business planning solution enables Clients to create a business plan. The business plan can be exported as pdf documents once created. The use of the pdf documents are in accordance with Clause 4.7.2 below.
1.3. "Client", "Clients" means an entrepreneur that is already operating a business or businesses and who has Registered on this Website in accordance with the Registration process in Clause 3. Upon Registration the client can either choose the Trial Period or a Paying Plan. For the avoidance of doubt, Individuals willing to start a business, and not incorporated as yet may also use the Service and will be treated as if they were existing businesses.
1.4. "Consent" means that a User, Visitor, Partner or Client will have to consent to the use of Cookies on this Website (by continuing browsing the Website after being made aware of the use of cookies on the Website). A User, Visitor, Partner or Client will also be required to accept our Terms and Conditions (which incorporates our Privacy Policy) thereby granting consent. For the avoidance of doubt, when a Visitor Registers as a User, Partner or Client, the Visitor grants explicit consent to the use of Cookies by accepting the Terms and Conditions on this Website. A Visitor that continues to use this Website but does not Register as a User, Partner or Client, will be bound by these Terms and Conditions, our Cookie Policy and Privacy Policy.
1.5. "Content" means all text, scripts, information, documents, graphics, digital files, photographs, software, mobile content, sounds, music, audios, or audio-visual files, videos, interactive features and the like contained on this Website.
1.8. "Cookies" mean the cookies and other devices that are used on this Website as detailed in our Cookie Policy.
1.9. "Enrolled" mean a professional service provider or individual acting as expert who has entered in a commercial relationship with The Business Plan Shop.
1.10. "Enrolment", "Enrolling" means the process by which a professional service provider or individual acting as expert can enter in a commercial relationship with The Business Plan Shop.
1.11. "IFRS" means International Financial Reporting Standards.
1.12. "Intellectual Property Rights" or "IPRs" mean any copyright or rights of a similar nature, unregistered and registered trade marks, service marks, data base rights, unregistered designs, registered designs, performance rights, image rights or rights in sound recordings (including the right to register any such rights).
1.13. "Investor" means a person invited by the Client and who has a read only access to business plans published by the Client.
1.14. "Parties" mean the User, Partner and/or Client.
1.15. "Partner", "Partners" means the business partner of The Business Plan Shop who is Enrolled in accordance with the Enrolment process on this Website.
1.16. "Paying Plan" means the option by the Client to pay the Subscription Fee in accordance with Clause 5.
1.17. "Privacy Policy" means the privacy policy.
1.18. "Profile" means the company profile created by the Partner in the recommended companies section of this Website which may appear on this Website or in the instructions for the Application.
1.19. "Registration" "Registering", "Register", "Registered" means registration on this Website as a User, Visitor or Client in accordance with Clause 3.
1.20. "Reviewer" means a person invited by the Client and who can read and post comments on the Client's business plans.
1.19 "Service" means the range of services offered in the Application where the Client will fill in the requisite data in order to prepare a business plan. The Client will be able to use the Application during the Trial Period if the Client does not wish to Subscribe.
1.20 "SSL" means Secure Sockets Layer.
1.21 "Subscription", "Subscribe", "Subscribed", "Subscribing" means a contract between the Client and The Business Plan Shop for a period of one month or 12 months to use of one or more Service, renewable either monthly or annually as the case may be unless terminated by either the Client or The Business Plan Shop by giving: 15 days' notice in the case of a monthly plan and one month's notice in the case of a 12 months plan. For the avoidance of doubt, the Subscription will run based on UTC time from midnight to midnight. The Subscription does not include the Trial Period.
1.22 "Subscription Fee" means a subscription fee for the Subscription which is payable in advance by choosing a Paying Plan, as displayed from time to time on this Website.
1.23 "The Business Plan Shop", "we", "us", "our" means The Business Plan Shop Limited.
1.24 "Trial Period" means a period of 7 days after the date of completion of the Registration by the Visitor during which the Client can access the Application free of charge. Some features might be restricted during the Trial Period.
1.25 "UTC" means Coordinated Universal Time which is the primary time standard by which the world regulates clocks and time.
1.26 "User" means any person who can log in to the Application.
1.27 "Visitor" means a person who browses the Website via a computer or mobile device without being Registered in accordance with Clause 4.1.
1.28 "XSS" means Cross-site Scripting.
1.29 "Website" means this Website with URL www.thebusinessplanshop.com.
2.1. These Terms and Conditions are the legally binding terms and conditions on the Visitor, User, Partner and/or Client in order to gain access to and/or use the Service on this Website respectively.
2.2. The Visitor and/or Client accessing and/or using the Service on this Website respectively will be bound by the following:
2.2.1. These Terms and Conditions found at www.thebusinessplanshop.com/terms;
2.2.2. Our Cookie Policy found at www.thebusinessplanshop.com/privacy-policy#cookie-policy; and
2.2.3. Our Privacy Policy found at www.thebusinessplanshop.com/privacy-policy incorporated into these Terms and Conditions by reference.
2.3 This Website constitutes an invitation to treat. Upon Registration the Client can either choose the Trial Period or a Paying Plan. Completing the Registration process is deemed an offer by the Client to pay for the use of the Service on this Website. The Client is required to choose a Paying Plan and make payment of the first Subscription Fee either (i) immediately after completion of the Registration process; or (ii) at the end of the Trial Period in accordance with Clause 5. If the Client chooses the Trial Period, acceptance of this offer takes place once The Business Plan Shop activates the trial account, the Client will be Registered at which point a legally binding contract is formed between the Client and The Business Plan Shop and the Trial Period starts. If the Client wishes to pay without taking up the Trial Period, acceptance of this offer takes place once the Client Subscribes by clicking the "Submit" button after choosing the Paying Plan and payment of the Subscription Fee is taken from the Client's card by The Business Plan Shop in accordance with Clause 5 and the said funds have been cleared. At which point, a legally binding contract is formed between the Client and The Business Plan Shop and the Subscription starts.
2.4 The Business Plan Shop reserves the right to amend or revise these Terms and Conditions, the Cookie Policy and/or the Privacy Policy at any time at The Business Plan Shop's sole discretion. Any changes to any of these said documents will come into effect at the time they are posted on this Website. The last amendment date will be displayed at the end of the Terms and Conditions or Privacy Policy. Access to and/or use of this Website after the Terms and Conditions, Cookie Policy and/or Privacy Policy have been updated, constitute their acceptance as updated.
2.5 The Visitor affirms that the Visitor is over 18 years of age (or the legal age to accept these Terms and Conditions in the jurisdiction in which the Visitor accesses the Website). Visitors must at all times be honest about their age when Registering.
2.6 Only Visitors that are permitted under the laws of the jurisdiction in which they access and/or use the Service on this Website respectively shall be permitted to accept these Terms and Conditions and continue using this Website.
3.1 A Visitor will only be able to browse this Website. If a Visitor wants to access and/or use the Service on this Website, the Visitor must Register.
3.2 Registration on this Website is free of charge.
3.3 When the Visitor is asked to complete the Registration process on this Website to Register as a User or Client, the Visitor is required to enter the following details in order to create an Account:
3.3.1 E-mail address;
3.3.2 First name;
3.3.3 Last name;
3.3.4 Password.
3.4 To complete the Registration process, the Visitor is required to confirm that the Visitor has read and agrees to these Terms and Conditions and Privacy Policy. Agreement is signified by ticking the "I have read and accept the Terms and Conditions and Privacy Policy" check box before submitting the registration form.
3.5 Once the Visitor accepts the Terms and Conditions and Privacy Policy and completes the Registration process, an e-mail will be sent to the Visitor to validate the Visitor's e-mail address. The Visitor must click onto the activation link and follow the steps/prompts to activate the Account as a Client. For our trial accounts the Client gets logged into the Application the first time and is unable to access the Application again until the email has been validated. Once the verification has taken place, the Client can access the Application for the time the Client remains a Subscriber or until the end of the Trial Period for the Client without a Paying Plan. If the Client has not chosen a Paying Plan, at the end of the Trial Period the trial account will be locked unless the Client has Subscribed to a Paying Plan. Only the person Registered will be entitled to use the Service.
3.6 On completion of the Registration process and Subscribing, we will send the Client an email with a summary of the Paying Plan and a copy of the Terms and Conditions.
3.7 When Registering, the Visitor must provide accurate and complete information.
3.8 It is important that the Client keeps the password secure and confidential.
4.1 The Visitor may view Content only.
4.2 The Visitor may access the Service during the Trial Period by Registering as a Client on this Website.
4.3 During the Trial Period, a Client can decide to Subscribe to a Paying Plan otherwise the Visitor will be locked out of the trial account at the end of the Trial Period and the Client will not have access to the Service on this Website after the end of the Trial Period.
4.4 The Trial Period is limited to one trial per Client (individual or company). A Visitor is unable to Register, cancel and then reregister with a new trial, this is prohibited.
4.5 This Website contains a Registration process, which allows the Visitor to Register as the User on this Website. Once Registered and accepted by The Business Plan Shop, the User will have to sign-in to the Account in order for the User to access and use the full Service available on this Website
4.6 The User should be aware of the restrictions under Clause 4.8 below.
4.7 This Website contains a Registration process, which allows the Visitor to Register as the Client on this Website. Once Registered and accepted by The Business Plan Shop, the Client will have to sign-in to the Account in order for the Client to access and use the full Service available on this Website as follows:
4.7.1 The Client may close/deactivate the Account at any time;
4.7.2 The Client can use the documents created from the application for the Client's personal use. The Client is prohibited from publishing such document without our written consent. In the event the Client intends to use the document on a website, a book, a video or else, we must be clearly identified as the provider of the template used and that the publication includes a follow link to this Website;
4.7.3 The Business Plan Shop reserves the right to treat an Account as inactive if the Account has not been used for a period of six (6) months.
4.8 The Client should be aware that the Application produces financial statements based on IFRS. The Application produces financial statements based on a set of modelling assumptions and it is the Client's responsibility to verify that these assumptions fit the Client's purpose.
5.1 There is a process for payment of the Subscription Fee on this Website.
5.2 The Client must accept and agree to these Terms and Conditions and pay the Subscription Fee before the Client can access and/or use the full Service.
5.3 All prices are displayed in GBP and/or USD. UK Clients are required to make payment in GBP. Payments by credit card may be subject to a handling charge.
5.4 Payment is accepted by credit card or debit card.
5.5 We will retain your card details to charge your card for the payments to be made to us. The following reference will appear on the Client's bank or card statement clearly identifying The Business Plan Shop: businessplanshop.
5.6 The Client will be required to pay the Subscription Fee by choosing one of the three Paying Plans in 5.6.2 to 5.6.4 below:
5.6.1 Trial Period: limited access to the Service (the Client will not be able to export pdf documents during the Trial Period), unless the Client upgrades using one of the Paying Plans below (5.6.2 to 5.6.4). If the Client has Subscribed for a Paying Plan with Trial Period:
5.6.1.1 The Client may cancel the Subscription at any time, free of charge, before the end of the Trial Period;
5.6.1.2 The Subscription will be charged on the first day following the end of the Trial Period
5.6.2 1 month: the Client signs up for a 1 month plan. At the end of the month, the contract will be automatically renewed for one further month and thereafter until terminated in accordance with Clause 27 (upon renewal the Client gets charged on the first day of the new Subscription).
5.6.3 12 months paid monthly: same as above except the length is 12 months.
5.6.4 12 months paid annually: same as above except the entire amount is charged at the beginning of the Subscription.
5.7 The Client may upgrade: within the Application, upgrade works as follow:
5.7.1 Trial: can switch to one of the three Paying Plans above;
5.7.2 1 month accounts: can upgrade to 12 month plans;
5.8 The Client will be invoiced and charged on the first day the Subscription falls due. The Client may view the next payment in the Application. If the payment is not made by the due date we may retry to charge the card for the due amount (including late payment interests) at our discretion.
5.9 The Subscription Fee shall be such amount as provided on this Website from time to time. The Business Plan Shop reserves the right to vary the Subscription Fee from time to time.
5.10 The Business Plan Shop will charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended), or in accordance with such equivalent legislation that is in force in England from time to time.
6.1 A Client has 7 days from the start of the Trial Period in which to cancel and obtain a refund. If the Client does not cancel within 7 days of the start of the Trial Period, the price of the full Subscription will become due and payable immediately upon cancellation. For the avoidance of doubt, if the Client has chosen a '12 months paid monthly' Paying Plan the remaining amount will become due and payable immediately. Furthermore, if the Client has chosen a Trial Period and then Subscribes, the period for cancellation will run 7 days from the start of the Trial Period.
6.2 To cancel the Client must send an email to billing@thebusinessplanshop.com.
7.1 The specific provisions under this Clause relate to Partners. The remaining obligations in these Terms and Conditions apply equally to Partner as to Clients and/or Users.
7.2 This Website constitutes an invitation to treat. Sending an email to partners@thebusinessplanshop.com is deemed an offer by the Partner to an exchange or to pay for the opportunity to display a Profile on this Website. The Enrolment process starts upon reception of the email by The Business Plan Shop. Upon acceptation of its application, the Partner is required to make payment or fulfil the Partner's part of the exchange immediately after reception of the invoice or notification (in the case of an exchange) sent to the email used during the Enrolment process. Acceptance of this offer takes place once the payment has been made and cleared or once the Partner has fulfilled his part of the exchange and The Business Plan Shop sends the confirmatory email, the Partner will be Enrolled at which point a legally binding contract is formed between the Partner and The Business Plan Shop.
7.3 When Enrolling, the Visitor must provide accurate and complete information.
7.4 The Partner warrants that the information provided during the Enrolment process is true and accurate.
7.5 By using this Website and sending information to The Business Plan Shop via email, mail, or telephone, the Partner grants consent, in accordance with the Data Protection Act 1998, to allow the employees of The Business Plan Shop or organisations required by The Business Plan Shop in order to access the personal data where required in accordance with the Privacy Policy.
7.6 The Partner agrees warrants and undertakes with The Business Plan Shop that:
7.6.1 The Partner will immediately report any IPR infringement that the Partner becomes aware of and provide any supporting evidence to The Business Plan Shop;
7.6.2 That The Business Plan Shop has absolute discretion in relation to the look and feel and Content of this Website;
7.6.3 The Business Plan Shop will assess every application based on the relevance of their business to our Clients and reserve the right to exclude Partners if we deem that the quality of their service is not high enough, hear complaints from our customers, or if the Partner receives bad press;
7.6.4 The Partner will be responsible for the Partner's content and we would not be responsible for any copyright infringement in connection with the display of Profile on this Website.
8.1 The Client shall use the Service on this Website in accordance with these Terms and Conditions, Cookie Policy and the Privacy Policy.
8.2 The Client warrants that the information provided at Registration in accordance with Clause 3 above, is true and accurate.
8.3 By using this Website, the Client grants consent, in accordance with the Data Protection Act 1998, to allow the employees of The Business Plan Shop or organisations required by The Business Plan Shop in order to access the personal data submitted on this Website where required in accordance with the Privacy Policy.
8.4 The Client agrees warrants and undertakes with The Business Plan Shop that the Client:
8.4.1 Will confirm the Client's email using the activation link;
8.4.2 Will make payment of the Subscription on time;
8.4.3 Is responsible for ensuring that the Client has access to the Internet and that the Client's equipment corresponds to the minimum configuration required to use the Service:
8.4.3.1 Internet Explorer 10.0 or higher;
8.4.3.2 Firefox, latest release only;
8.4.3.3 Safari latest release only;
8.4.3.4 Google Chrome;
8.4.3.5 Opera, latest release only.
The application requires cookies and JavaScript enabled in order to work properly. More information about JavaScript can be found here http://www.enable-javascript.com/ .
8.4.4 Accepts that the Application is designed to be accessed from a computer and may not work from a tablet or smartphone;
8.4.5 Acknowledges and accepts that the Service is reliant on the accuracy of the information provided by the Client;
8.4.6 Acknowledges and accepts that we may refuse to upload certain files that we judge technically inappropriate for our servers or affecting our servers' performance;
8.4.7 Storage space will be limited to 25mo;
8.4.8 Despite having taken reasonable security precautions we do not guarantee that our system will not be breached nor do we guarantee that the Client's data is not at risk. The Client is responsible for maintaining the security of the Client's system (computer/server);
8.4.9 Is responsible for the accuracy of the data the Client provides to the Business Plan Shop;
8.4.10 Will not use the Service to create business plans related to illegal activities;
8.4.11 Is not allowed to resell (i.e. allow a third party or an organisation to access the Application through the Client's Account) the Service;
8.4.12 Is responsible for ensuring that the modelling assumptions taken by the Application fit the Client's purpose.
8.5 The Client will ensure that all the Content uploaded/created when using the Application is lawful in accordance with the Laws of England and does not infringe any third parties IPRs.
8.6 The Client further agrees, warrants and undertakes with The Business Plan Shop:
8.6.1 To immediately report any IPR infringement that the Client becomes aware of and provide any supporting evidence to The Business Plan Shop;
8.6.2 That The Business Plan Shop has absolute discretion in relation to the look and feel and Content of this Website.
9.1 The Business Plan Shop is responsible for providing the Service accessible on this Website to the Parties with care and professionalism.
9.2 The Business Plan Shop will use its reasonable endeavours:
9.2.1 To ensure that the Service is accessible 24/7 and to back up the data and to warn in advance in case of scheduled maintenance;
9.2.2 To have the Website and Application running efficiently and accessible at all times;
9.2.3 To establish and maintain reasonable safeguards against the destruction, loss or unauthorised alteration of this Website and/or Application and shall institute security procedures to restrict unauthorised access to this Website and/or Application, data and data files, including any back up material;
9.2.4 The Business Plan Shop will use reasonable endeavours to restore any faults in the Service as soon as reasonably practicable, it being accepted by the Parties that: using the Internet for any business purpose is an inherently unstable means of communication, there is always a risk that communications by electronic means may not reach their intended destination or may do so much later than intended for reasons outside The Business Plan Shop's control, and that it is technically impossible to provide the Service entirely free of fault at all times.
9.3 For the avoidance of doubt, The Business Plan Shop gives no warranties as to the quality of the Service available on this Website or the suitability of any of such Service for a particular purpose. The Business Plan Shop shall not be liable in any way whatsoever in the event that the Parties do not deem the Service to be beneficial.
9.4 The Business Plan Shop will not be responsible for any unscheduled downtime which may occur as a result of The Business Plan Shop's servers experiencing technical problems or the need to carry out emergency maintenance work.
9.5 Neither The Business Plan Shop nor any other party has control over the Internet which is a global decentralised network of computer systems. Interruptions to the Website and/or Application's availability may occur due to causes beyond the control of The Business Plan Shop, such as system malfunction or failures of third parties. In these circumstances, The Business Plan Shop will use its reasonable endeavours to restore the service as soon as reasonably practicable.
9.6 The Business Plan Shop reserves the right to remove any Profiles and/or Accounts from this Website, which are infringing any IPRs once such allegations are verified.
9.7 The Business Plan Shop reserves the right to remove any Profiles and/or Accounts from this Website where it is reported and/or alleged that the Profiles are infringing any IPRs prior to verification of such reports and/or allegations.
9.8 The Business Plan Shop reserves the right to disable a Profile and/or Account on this Website where it is found that the Profiles are infringing a third party's IPRs once such allegations are verified.
10.1 The Business Plan Shop grants the Visitor access to this Website and the Parties access to and use of the Service respectively provided that:
10.1.1 The Visitor and/or Parties act responsibly in using this Website and the Service on this Website respectively and treat other Visitor and/or Parties with respect;
10.1.2 The Visitor and/or Parties do not alter or modify any parts of this Website;
10.1.3 The Partner does not display its Profile through any unauthorised means or technology;
10.1.4 The Partner does not exploit this Website by displaying its Profile for any commercial activity other than those permitted by this Website, without the prior written authorisation of The Business Plan Shop. Commercial activity includes, but is not limited to:
10.1.4.1 Sale or access to this Website or its Service on another Website;
10.1.4.2 Such other activities that The Business Plan Shop may specify from time to time.
10.2 The Parties must not impersonate another person's identity or misrepresent the Parties own identity or affiliation including using another's personal details, password, Account, email or other such information held as part of the Partner's Profile.
11.1 In addition to the provisions of the Terms and Conditions of this Website, the following restrictions and conditions apply directly to the Visitor and/or Parties on this Website:
11.1.1 Except where indicated otherwise, The Business Plan Shop owns all Content on this Website including the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, except content arising out of or in connection with the Profile of the Partner, which shall belong to the Partner;
11.1.2 The Business Plan Shop is not responsible for the websites to which The Business Plan Shop is linked and does not assume any affiliation with any other websites unless otherwise stated;
11.1.3 In the event that The Business Plan Shop offers software to download, The Business Plan Shop will not transfer ownership of the software title to the Visitor and/or Parties. The Visitor and/or Parties may not use or decompile the software.
12.1 This Website and Application including any and all IPRs arising out of and/or in connection with the use of the Service on this Website are owned by The Business Plan Shop save in respect of any IPRs belonging to any licensor, partners, investors, sponsors and/or Partners on this Website.
12.2 Any and all IPRs arising out of and/or in connection with the provision of the Service by The Business Plan Shop, and/or in connection with such Content shall belong to The Business Plan Shop save in respect of any IPRs belonging to any licensor or Partners on this Website.
12.3 The Visitor and/or Parties acknowledge and agree that The Business Plan Shop owns all IPRs, right, title and interest in The Business Plan Shop brand, Content, Application and Website (save where any such IPRs are owned by a licensor of The Business Plan Shop and in relation to the Content displayed on this Website by the Partner).
12.4 The Partner warrants, acknowledges and agrees with The Business Plan Shop:
12.4.1 Not to display Profile that will infringe any IPRs of third parties;
12.4.2 The Partner is the legal owner of all the IPRs and/or possess a valid licence to use the IPRs in and to the Profile on this Website and the use of the Partner's IPRs by The Business Plan Shop will not infringe the IPRs owned by any third party and that there is and will be no claim against The Business Plan Shop by any third party arising out of and/or in connection with the Partner's IPRs.
12.5 The Business Plan Shop and the Partner warrant, acknowledge and agree with each other:
12.5.1 That in the event that the other becomes aware of any infringement of any of the Partner, and/or The Business Plan Shop' IPRs and/or or passing off actions, that Party will immediately notify the other as soon as reasonably practicable;
12.5.2 That in the event of any infringement and/or passing off in accordance with Clause 12.5.1, and at the request of The Business Plan Shop, The Business Plan Shop shall have full conduct of the proceedings and the Partner will not at any time admit liability or otherwise settle or attempt to settle the said claim or action except with the written consent of The Business Plan Shop, such instructions not to be unreasonably withheld;
12.5.3 That the Partner shall give The Business Plan Shop such assistance as it shall reasonably require in respect of the conduct of the proceedings including without prejudice to the generality of the foregoing the filing of all pleadings and other court process and the provision of all relevant documents.
12.6 For the avoidance of doubt, all IPRs in certain Content produced by The Business Plan Shop or its agents shall be the sole property of The Business Plan Shop. In any event, the use of any such Content produced by The Business Plan Shop shall only be used for the purpose of providing the Service. The Business Plan Shop reserves the right to charge the Partner a licence fee in respect of any use of The Business Plan Shop's Content in contravention of this Clause 12.6.
13.1 THE BUSINESS PLAN SHOP MAKES NO REPRESENTATION OR WARRANTY THAT THE APPLICATION WILL BE FREE OF BUGS OR ERRORS, NOR THAT THESE, IF ANY, COULD BE FIXED, NOR THAT THE SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTIONS AS THE BUSINESS PLAN SHOP OFFERS TECHNICAL/TECHNOLOGICAL SERVICES BASED ON SOFTWARE DEVELOPMENT TECHNIQUES AND THEREFORE DOES NOT GIVE ANY WARRANTY THAT THE SERVICES WILL BE FREE OF BUGS OR ERRORS.
13.2 The Service will evolve and some features might be added, modified or removed. In case we remove a major feature we will warn the Client 10 days before the removal becomes effective. The Client is responsible for doing a back-up of the Client's data during this time and we will not be in any way liable for any loss as stipulated in Clause 19.4.
14.1 The Business Plan Shop does not give any other warranties whatsoever than the warranties given in these Terms and Conditions:
14.1.1 Whilst The Business Plan Shop shall endeavour to ensure that this Website and/or the Application are functioning at all material times, The Business Plan Shop does not warrant that this Website and/or the Application will be fully functional at all times. The Business Plan Shop reserves the right to suspend, restrict, or terminate this Website and/or Service without offering a reason.
14.1.2 Whilst The Business Plan Shop intends to display accurate Content on this Website, The Business Plan Shop neither makes nor gives any representations or warranties, express or implied, about this Website and/or the Application and/or any material, information or hypertext links on this Website, including, but not limited to, accuracy, completeness, legality, suitability for purpose, functionality, reliability, availability, speed of access or timeliness.
14.2 The Business Plan Shop will endeavour to have this Website running efficiently and accessible at all times. However, the Visitor and/or Parties will be notified on the homepage of this Website of any times when this Website may be unavailable due to scheduled maintenance work.
14.3 The Business Plan Shop will use its reasonable endeavours to ensure the security of the Application however we are not liable as these are inherent risks of the Internet and will not be responsible for any unscheduled downtime which may occur as a result of its servers experiencing technical problems, or the need to carry out emergency maintenance work.
14.4 Neither The Business Plan Shop nor any other party has control over the internet which is a global decentralised network of computer systems. Interruptions to this Website and the Application's Parties may occur due to causes beyond the control of The Business Plan Shop, such as system malfunction or failures of third parties. In these circumstances, The Business Plan Shop will use its reasonable endeavours to restore the service as soon as reasonably practicable.
15.1 The Partner will not display any Profile on this Website, which may violate any third party or The Business Plan Shop's IPRs, which violates the laws of England or which is lewd, offensive, defamatory, harassing, derogatory or otherwise objectionable. The Partner will not display any Profile on this Website which may violate the laws of the country in which the Partner accesses this Website as the case maybe.
16.1 By displaying the Profile on this Website, the Partner hereby grants to The Business Plan Shop its successors, licensees and/or assigns an irrevocable, perpetual, non-exclusive, royalty-free, world-wide, transferable sub-licence and transferable licence to use the Profile on this Website in connection with the provision of the Service in accordance with these Terms and Conditions in any media format and through any media without any requirement of prior permission from the Partner with or without being attributed to the Partner. The foregoing licence granted by the Partner will terminate once the Partner and/or The Business Plan Shop removes or deletes the Profile or any part thereof from this Website.
16.2 By displaying the Profile on this Website, the Partner hereby grants to the Parties (including other Partners) an irrevocable, perpetual, non-exclusive, royalty-free, world-wide, transferable sub-licence to access the Profiles without any requirement of prior permission from the Partner with or without being attributed to the Partner. The foregoing sub-licence granted by the Partner will terminate once the Partner and/or The Business Plan Shop removes or deletes the Profile or any part thereof from this Website.
17.1 If a complaint is received by The Business Plan Shop, The Business Plan Shop will initiate an action on the Profile to decide on the appropriate action to be taken by The Business Plan Shop. The action to be initiated will be entirely at the discretion of The Business Plan Shop.
17.2 The Partner expressly agrees that The Business Plan Shop may remove, disable or restrict access to or the availability of the Profile on this Website, which The Business Plan Shop believes, in good faith and in The Business Plan Shop's discretion, to violate The Business Plan Shop's Terms and Conditions.
17.3 The Business Plan Shop is under no obligation to any Visitor and/or Parties and therefore may refuse to remove the Profile from this Website.
18.1 The Business Plan Shop does not endorse the content of any Profiles on this Website by the Partner and expressly excludes any and all liability in connection with the display of the Profile by the Partner.
19.1 It is The Business Plan Shop's policy not to tolerate any acts of intellectual property infringement or violations of the laws of England or any other applicable laws. The Business Plan Shop will use all reasonable endeavours to remove, disable, or restrict access to and/or the Parties of Profiles that The Business Plan Shop considers to be subjective and view as infringing. The provisions of Clause 2 are intended to implement these Terms and Conditions but do not impose a contractual obligation on The Business Plan Shop to undertake, or refrain from undertaking, any particular course of conduct.
19.2 Nothing in these Terms and Conditions shall exclude or in any way limit either party's liability or their servants, agents or employees, for fraud, death or personal injury caused directly by the other party's negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law. Subject to this:
19.2.1 The liability of the Partner shall not be limited in respect of a claim by The Business Plan Shop relating to a breach by the Partner of Clause 19.2;
19.2.2 Subject to Clause 19.2, the maximum aggregate liability of The Business Plan Shop to the Client in contract, tort (excluding defamation), negligence, pre-contract or other representations or otherwise arising out of or in connection with these Terms and Conditions or the performance or observance of its obligations under these Terms and Conditions, and every applicable part of it shall be limited in aggregate to the value of the current Subscription (i.e. 0 for Accounts in their Trial Period, 1 month fee for Accounts with a monthly Paying Plan, and 12 months for Accounts with an annual Paying Plan). In the case of the Partner, the maximum aggregate liability of The Business Plan Shop to the Partner under these Terms and Conditions shall be limited in aggregate to the value of any monies paid by the Partner to the Business Plan Shop over the last three months and for the avoidance of doubt zero if The Business Plan Shop has not received any monies from the Partner over the last three months. The Business Plan Shop shall have no further liability to the User and liability to the Visitor.
19.3 The Parties will be liable to The Business Plan Shop under these Terms and Conditions for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort, breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known as a result of (whether directly or indirectly) uploading dangerous content on the Application and/or this Website or attempt to harm the Application and/or this Website through the use of XSS attack or other malicious means, associating The Business Plan Shop name and/or logo without our consent.
19.4 The Business Plan Shop will not be liable to the Parties under these Terms and Conditions for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort, breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known. Under no circumstances will a party, its officers, directors, employees, or agents be liable to the other for any damages, including, without limitation, direct, indirect or consequential loss or damage of any kind however caused and whether arising under contract, tort or property damage to the fullest extent permitted by law.
19.5 Under no circumstances shall The Business Plan Shop its officers, directors, employees, or agents be liable for any bugs, trojan horses, viruses, or the like which may be transmitted to or through this Website and/or Application by any third party.
19.6 THE WEBSITE, APPLICATION AND/OR SERVICE ARE MADE AVAILABLE TO THE VISITOR AND/OR PARTIES ON A "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, ACCURACY OF ANY CONTENT ON THE WEBSITE APPLICATION AND/OR SERVICE. FOR THE AVOIDANCE OF DOUBT, THE BUSINESS PLAN SHOP EXPRESSLY EXCLUDES (TO THE FULLEST EXTENT PERMITTED BY LAW) ANY WARRANTIES AS TO THE QUALITY AND/OR SUITABILITY OF ANY OF THE APPLICATION AND/OR SERVICE PROVIDED ON THIS WEBSITE AND/OF ADVERTISEMENTS FOR A PARTICULAR PURPOSE. THE BUSINESS PLAN SHOP SHALL NOT BE LIABLE IN ANYWAY WHATSOEVER IN THE EVENT THAT THE PARTIES DO NOT DEEM THE APPLICATION AND/OR SERVICE TO BE BENEFICIAL OR FOR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.
20.1 The Business Plan Shop, its officers, directors, employees, or agents neither make nor give any representations or warranties express or implied as to the quality, suitability or authenticity of the Service and/or Application on this Website.
20.2 The Partner agrees to indemnify and keep The Business Plan Shop indemnified against any and all claims for infringement of any IPRs brought by a third party as a result of the use of the Profile on this Website.
20.3 The Parties agree to indemnify and keep The Business Plan Shop indemnified against any and all losses or liabilities incurred directly by The Business Plan Shop as a result of any breach or non-observance by the Parties of any of these Terms and Conditions, the Cookie Policy and/or the terms of the Privacy Policy.
21.1 If the Parties believe that a Profile violates the Terms and Conditions and/or Privacy Policy, we ask that the Party promptly to notify The Business Plan Shop by mail at the following address: 20-22 Wenlock Road, London N1 7GU. In order for The Business Plan Shop to respond effectively, please provide The Business Plan Shop with as much detail as possible, including:
21.1.1 The nature of the right infringed or violated;
21.1.2 All facts which led the Parties to believe that a right has been violated or infringed;
21.1.3 The precise location where the Profile is located;
21.1.4 Any grounds on which you believe that the persons who displayed the Profiles were not authorised to do so or did not have a valid defence; and
21.1.5 If known, the identity of the person or persons who posted the Profiles.
21.2 The Business Plan Shop reserves the right, but has no obligation to remove any Profiles except where The Business Plan Shop is obligated under the law and reserves the right to remove Profiles, whenever, and for no reason whatsoever.
22.1 Subject to Clauses 20.2 and 20.3, the Parties agrees to defend, indemnify and hold harmless The Business Plan Shop, its officers, directors, employees, and agents from and against all claims which may be asserted against The Business Plan Shop, including but not limited to, any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses arising from:
22.1.1 The Parties use of the Service on this Website;
22.1.2 Displaying the Profiles; and
22.1.3 Any violations of these Terms and Conditions by the Parties.
23.1 The Business Plan Shop has notified the Information Commissioner in the United Kingdom for the purposes of the Data Protection Act 1998 and will comply with its provisions.
23.2 If you are a copyright owner or an agent thereof and believe that any of the Content on this Website infringe your copyright works, you may submit a notification to our Copyright Agent with the following information in writing (by mail):
23.2.1 The name, address, telephone number email address and electronic signature or physical signature of the complaining party or persons authorised to act for and on behalf of the copyright owner;
23.2.2 The location of the allegedly infringing Content to identify the copyrighted works;
23.2.3 A statement by the owner that, the owner has acted in good faith and believes that that there is no legal basis for the use of the allegedly infringing Content as the case may be;
23.2.4 A statement of the accuracy of the notice and that the complaining party is authorised to act on behalf of the owner;
23.2.5 By mail: The Business Plan Shop Limited, 20-22 Wenlock Road, London N1 7GU.
23.3 All personal data collected by The Business Plan Shop about the personnel of the Parties is strictly confidential and will not be shared with any third party except as required by law, and The Business Plan Shop will only use personal data collected about the personnel of the Parties in accordance with the Data Protection Act 1998 and as detailed in the Privacy Policy.
23.4 The Parties Data (as defined in the Privacy Policy) used by The Business Plan Shop will be stored in a database in accordance with the provisions of the Data Protection Act 1998.
23.5 The Parties Data may be used to inform the Parties of any offers or news from The Business Plan Shop or from carefully selected third parties. In the event that the Parties do not wish the Parties Data to be used in this manner, the Parties may opt-out in accordance with the terms of the Privacy Policy.
24.1 During the term of these Terms and Conditions and for a period of 3 years thereafter, the Parties agree to keep all information that the Parties obtain about The Business Plan Shop and its business, finances, technology and affairs ("Confidential Information"), strictly confidential.
24.2 The provisions of this Clause 24 shall not apply to:
24.2.1 Information that has come into the public domain other than by breach of this clause or any other duty of confidence; and/or
24.2.2 Information that is obtained from a third party without breach of this clause or any other duty of confidence; and/or
24.2.3 Information disclosed to the professional advisers of either party, provided that such advisers are under an obligation of confidentiality no less onerous than that contained in this Clause 24; and/or
24.2.4 Information that is known by either party, in connection with the other party, and which has been disclosed to either party by a third party, other than a Party or The Business Plan Shop or a contractor of either of them and not in breach of any duty of confidentiality; and/or
24.2.5 Information that is trivial or obvious; and/or
24.2.6 Information that is required to be disclosed by a government body or court of competent jurisdiction or by operation of law or in order to comply with the rules of a recognised stock exchange.
25.1 As the Data Controller, The Business Plan Shop is responsible for the security measures employed of this Website.
26.1 This Website provides links to other third party sites on the internet. These sites may contain information or material that some people may find inappropriate, offensive or irrelevant. These other sites are not under the control of The Business Plan Shop, and by continuing to use this Website the Visitor and/or Parties acknowledge and agree that The Business Plan Shop is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or their privacy policies. The inclusion of such links does not imply endorsement of such sites by The Business Plan Shop or any association with their operators.
26.2 By using a third party Website, the Visitor and/or Parties expressly relieve The Business Plan Shop of any and all liabilities arising out of or in connection with such use.
26.3 The Visitor and/or Parties acknowledge and agree that The Business Plan Shop is not responsible for the Parties of any third party sites. Furthermore, The Business Plan Shop does not endorse any advertising, products or other materials available from any third party sites.
26.4 The Visitor and/or Parties acknowledge and agree that The Business Plan Shop is not liable for any loss or damage which may be incurred by Visitors and/or Parties as a result of the Parties of any third party sites, or as a result of any reliance placed by Visitors and/or Parties on the completeness or accuracy of any advertising, products or other materials available from any third party sites.
27.1 These Terms and Conditions will continue in force until terminated by the Partner or The Business Plan Shop in accordance with Clauses 27.2 or 27.3 respectively below.
27.2 In the event that the Parties wish to terminate the contract formed with The Business Plan Shop, the Parties may do so at any time by notifying The Business Plan Shop. The Parties notice should be sent via e-mail to billing@thebusinessplanshop.com. The Business Plan Shop will terminate the contract with Parties immediately if:
27.2.1 The way in which the Parties access our servers result in technical issues for us, in which case the Parties will be notified by email and continue to have access to the Service for a period of up to 1 month after the email has been sent. We would then refund the Client and/or User for any sum paid in advance for the period starting after the end of the access to the Service.
27.2.2 The Parties are found to be manipulating this Website by doing, but not limited to, hacking, using Trojan programmes, attempting to launch automated systems, spiders or offline readers;
27.2.3 The Parties attempt to harvest personal information located on this Website;
27.2.4 The Parties use this Website for non-agreed commercial purposes;
27.2.5 THE PARTIES EXHIBIT ANY OTHER UNREASONABLE BEHAVIOUR THAT THREATENS THIS WEBSITE; or
27.2.6 If the Parties fail to meet their obligations under these Terms and Conditions.
27.3 The Business Plan Shop may terminate the Subscription immediately if:
27.3.1 The Partner breaches any provisions of these Terms and Conditions, the Cookie Policy and/or the terms of the Privacy Policy;
27.3.2 The Business Plan Shop is required to do so by law;
27.3.3 The Business Plan Shop elects to terminate access to this Website to the Client situated in the country in which the Client is resident or from which the Client may wish to access this Website; or
27.3.4 Payment is late by more than 7 days.
For the avoidance of doubt, the licences granted under these Terms and Conditions shall terminate.
27.4 The Business Plan Shop may terminate the Subscription or Enrolment immediately if the Client or Partner breaches any of these Terms and Conditions. For avoidance of doubt, The Business Plan Shop shall immediately suspend further provision of the Service in connection with the Client or Partner.
27.5 In the event of termination of the Subscription or the payment by the Client after the 7 days Trial Period, the price of the full Subscription and payment respectively will become due and payable immediately upon termination. For the avoidance of doubt, if the Client has chosen a '12 months paid monthly' Paying Plan the remaining amount will become due and payable immediately.
27.6 To terminate the Client or Partner must send an email to billing@thebusinessplanshop.com.
27.7 In the event of termination of these Terms and Conditions, there will be no refund of any portion of the Subscription Fee for the Subscription to the Client or any payment to the Partner. In the event of any technical issues as described in Clause 27.2.1, the Client and/or Partner will be refunded for any advanced payments received. All refunds will be made by credit card for Clients and by bank transfer for Partners. Refund will happen within 2 months after cancellation.
27.8 Any termination of these Terms and Conditions (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination and Clauses 6, 12, 19, 22, 24, 27.4, 27.5 and 27.6 any other clauses which by their nature are intended to survive, shall survive expiry or termination of these Terms and Conditions.
27.9 The Subscriber may cancel the automatic renewal of the Subscription:
27.9.1 15 days before the renewal date in the case of a 1 month Paying Plan; and
27.9.2 1 month before the renewal date in the case of a 12 months Paying Plan.
28.1. THE BUSINESS PLAN SHOP MAKES NO REPRESENTATIONS THAT CONTENT DISPLAYED ON THIS WEBSITE ARE APPROPRIATE IN LOCATION OUTSIDE THE UNITED KINGDOM, AND ACCESSING THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. VISITORS, AND/OR PARTIES ON THIS WEBSITE WHO CHOOSE TO ACCESS THIS WEBSITE FROM OTHER LOCATIONS WILL BE DOING SO ON THEIR OWN INITIATIVE AND WILL BE RESPONSIBLE FOR COMPLIANCE WITH DOMESTIC LAWS.
29.1. These Terms and Conditions, the Cookie Policy and Privacy Policy from time to time constitute the entire understanding between the Parties with respect to the subject matter of this Website and supersede all prior terms and agreements between the Parties relating to it.
29.2. If any clause of these Terms and Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect. If the Visitor and/or Parties breach these Terms and Conditions and The Business Plan Shop takes no action against the Visitor and/or Parties, The Business Plan Shop will not be considered to have given up The Business Plan Shop rights to pursue in relation to the alleged or actual breach according to these Terms and Conditions.
30.1. The Business Plan Shop shall not be liable for any failure to perform its obligations if caused by matters beyond its reasonable control, including the following:
30.1.1. Fire, flood, earthquake, storm, hurricane, or other natural disaster;
30.1.2. War, invasion, act of foreign enemies, hostilities, (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation and terrorist activity; or
30.1.3. Government sanction, nationalisation, blockage, industrial dispute, lockout or failure of utility service.
31.1. Notwithstanding any other provision in these Terms and Conditions a person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Conditions. Nothing in these Conditions shall affect any right or remedy of a third party which exists or is available other than as a result of the aforementioned Act.
32.1. The Partner will not be entitled to assign the benefit of these Terms and Conditions in whole or in part to any party, save that either party shall be entitled to assign the benefit of these Terms and Conditions in whole or in part to an affiliate provided that such assignee agrees to abide by the terms of these Terms and Conditions and does so abide by the terms of these Terms and Conditions. On any breach of these Terms and Conditions by the Parties, these Terms and Conditions shall, automatically reassign to the assignor, who shall be liable as guarantor for any past breaches by its assignee.
33.1. The failure to exercise or delay in exercising a right or remedy under these Terms and Conditions shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies and no single or partial exercise of any right or remedy under these Terms and Conditions shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy. The rights and remedies contained in these Terms and Conditions are cumulative and not exclusive of any rights or remedies provided by law.
33.2. Nothing in these Terms and Conditions shall be construed as creating a partnership or joint venture of any kind between the parties.
33.3. These Terms and Conditions may be executed in any number of counterparts each of which when executed and delivered shall be an original but all the counterparts together shall constitute one and the same instrument.
33.4. Each Party undertakes with the other to do all things reasonably within its power which are necessary or desirable to give effect to the spirit and intent of these Terms and Conditions.
33.5. The Parties hereto shall and, shall use their respective reasonable endeavours to procure, so far as they are able, that any necessary third parties shall execute and perform all such further deeds, documents, assurances, acts and things as any of the parties hereto may reasonably require, by notice in writing to the other to carry the provisions of these Terms and Conditions into effect.
34.1. These Terms and Conditions shall be governed by the laws of England and Wales and the Visitor, Client and Partner agree to submit to the exclusive jurisdiction of the English courts. The Visitor, Client and Partner accept that nothing in this clause shall prevent The Business Plan Shop from seeking and enforcing any injunctive relief in any country where this Website is accessible to prevent any infringement of any laws or rules in such countries.
Date of latest amendment September 2016.
The Business Plan Shop Ltd, 20-22 Wenlock Road, London N1 7GU, UK. | Registered in England and Wales No. 8367118. | VAT number GB 162 121 355.