1. Welcome to our website planhappy.co.uk (the “Website”). We provide our PlanHappy Lifestyle Financial Planning academy, which includes online and in person services and digital content (the “Academy”), via this Website to businesses incorporated and operating in the United Kingdom (“UK”). The academy and website is for  professional use and not for direct consumer use.
  2. What these terms cover. These terms and conditions (the “Terms”) apply to your access to the Website and the Academy. The Academy consists of a number of different components and materials, and in these Terms we use the terms “product” and “products” to refer to those components and materials.
  3. Why you should read them. Please read these Terms carefully before you continue to use the Website or submit an order to us in relation to the Academy. These Terms tell you who we are, how we will provide the Academy to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms please contact us to discuss.
  4. This is our entire agreement with you. These Terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
  5. Who we are. We are PlanHappy Ltd a company registered in England and Wales. Our company registration number is 10676266 and our registered office is at The Planning Rooms Wellington Court, Preston Farm Business Park, Stockton-On-Tees, England, TS18 3TA. Our registered VAT number is 284367570.
  6. How to contact us. You can contact us by writing to us at hello@planhappy.co.uk or The Planning Rooms Wellington Court, Preston Farm Business Park, Stockton-On-Tees, England, TS18 3TA.
  7. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
  8. “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
  9. By accessing and using the Website, and by doing business with us, you confirm that you:
    • Accept these terms and conditions (the “Terms”); and
    • Are using the Website and the Academy in the course of business for commercial purposes and not as a consumer.
  10. If you do not agree to these Terms, you must not use the Website or access the Academy.
  11. You can order the digital content and services which form part of the Academy via the Website or telephone and must pay either a monthly subscription fee or a one-off payment.
  12. You require an internet connection and log-in details to access the Website. These details can be obtained by emailing us at hello@planhappy.co.uk. You are the only person permitted to use your log-in details, and you must not:
    • Share your log-in details with anyone else;
    • Allow anyone else to use your log-in details; or
    • Enable or facilitate anyone else’s access to the Website or the Academy in any other way.
  13. Our Privacy Policy www.planhappyacademy.co.uk/privacy-policy applies to your use of the Website and the Academy.
  14. You may use the Website only for lawful purposes. You may not use the Website:
    • 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 anyone, including minors, in any way.
    • 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 any computer software or hardware (“Malware”).
  15. You also agree:
    • To use the Website and the Academy solely for your internal business purposes.
    • Not to download, reproduce, duplicate, copy, screen scrape, screen record or re-sell any content from, or part of, the Website or the Academy, whether in part or in full.
    • Not to store any content from, or part of, the Website or the Academy in any way, including without limitation on a computer, data device, server or other similar device.
    • Not to display or present any content from, or part of, the Website or the Academy, including without limitation audio content, video content and dialogue, other than in a client meeting.
    • To keep a secure password for your use of the Website, and to keep your log-in details and password confidential.
    • Not to access without authority, interfere with, damage or disrupt:
      • any part of the Website;
      • any equipment or network on which the Website is stored;
      • any software used in the provision of the Website; or
      • any equipment or network or software owned or used by any third party.
  16. We may from time to time provide interactive services within the Website, including, without limitation chat rooms and bulletin boards (“interactive services”). 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).
  17. We will do our best to assess any possible risks for users from 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.
  18. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
  19. These content standards apply to any and all material which you contribute to the Website (“Contribution”), and to any interactive services associated with it. The content standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole. We will determine, in our discretion, whether a Contribution breaches our content standards.
  20. A Contribution must be accurate (where it states facts), be genuinely held (where it states opinions); and comply with the law applicable in England and Wales and in any country from which it is posted.
  21. A Contribution must not:
    • be defamatory of any person;
    • be obscene, offensive, hateful or inflammatory;
    • promote: sexually explicit material; violence; or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • infringe any copyright, database right or trade mark of any other person;
    • be likely to deceive any person;
    • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
    • promote any illegal activity;
    • be in contempt of court;
    • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
    • be likely to harass, upset, embarrass, alarm or annoy any other person;
    • impersonate any person, or misrepresent your identity or affiliation with any person;
    • give the impression that the Contribution emanates from PlanHappy Ltd, if this is not the case;
    • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
    • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
    • contain any advertising or promote any services or web links to other sites.
  22. When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms may result in our taking all or any of the following actions:
    • Immediate, temporary or permanent withdrawal of your right to use the Website and access the Academy.
    • Immediate, temporary or permanent removal of any Contribution uploaded by you to the Website.
    • 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 law enforcement authorities as we reasonably feel is necessary or as required by law.
  23. We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Our contract with you

  1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
  2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
  3. Your order. It will help us if you can tell us your company or business name whenever you contact us about your order.
  4. We only sell to the UK. The Website is solely for the promotion of the Academy in the UK. Unfortunately, we do not accept orders from outside the UK.
  5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible.

If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

  1. Our rights to make changes
    • Minor changes to the products. We may change the product:
        • to reflect changes in relevant laws and regulatory requirements; and
        • to implement minor technical adjustments and improvements, for example to address a security threat.
  1. More significant changes to the products and these Terms. In addition, as we informed you in the description of the product on the Website, we may make changes to these Terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
  2. Updates to digital content/online services. We may update or require you to update digital content/online services, provided that the digital content/online services shall always match the description that we provided to you before your purchase.
  3. Providing the products
    • When we will provide the products. During the order process we will let you know when we will provide the products to you.
        • If the products are one-off services. We will begin the services on the date agreed with you during the order process. The estimated completion date for the services is as told to you during the order process.
        • If the product is a one-off purchase of digital content or online services. We will make the digital content or services available to you as soon as we accept your order.
        • If the products are ongoing services or a subscription to receive digital content. We will supply the services or digital content to you until either the services are completed or you or we end the contract in accordance with these Terms. If you subscribe to receive digital content or online services the content/services will be shared with you in instalments.
  1. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
  2. Intellectual Property
    • We own all of the intellectual property rights in or arising out of or in connection with the Website and the Academy including without limitation all process flows and naming conventions. For the avoidance of doubt, this clause 35(a) shall survive termination or expiration of the Contract
    • We grant you a non-exclusive licence during the term of the Contract to access the Website and the Academy solely for your internal business purposes.
    • You must not reproduce, duplicate, copy or re-sell any part of the Website or the Academy, or any materials that you gain access to via our services. For the avoidance of doubt, this clause 35(c) shall survive termination or expiration of the Contract.
    • Promptly following expiry or termination of the contract for any reason, you will return the digital content and any materials that you have gained access to via the Website or our services to us, or destroy the content and materials at our discretion.
  3. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
    • deal with technical problems or make minor technical changes;
    • update the product to reflect changes in relevant laws and regulatory requirements;
    • make changes to the product as requested by you or notified by us to you (see clause 29).
  4. Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than two weeks in any twelve month period we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract. For the avoidance of doubt, the phased supply of digital content and online services in instalments does not constitute a suspension in the supply of products.
  5. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 52) and you still do not make payment within seven days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 55). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 51).
  6. Your rights to end the contract
      • You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:
      • If you want to end the contract because of something we have done or have told you we are going to do, see clause 39;
      • In all other cases if we are not at fault see clause 40;
  7. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
    • we have told you about an upcoming change to the product or these Terms which you do not agree to (see clause 30);
    • we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
    • there is a risk that supply of the products may be significantly delayed because of events outside our control;
    • we have suspended supply of the products for unplanned technical reasons, or notify you we are going to suspend them for unplanned technical reasons, in each case for a period of more than one month; or
    • you have a legal right to end the contract because we have breached it.
  8. Ending the contract where we are not at fault. Even if we are not at fault you can still end the contract before it is completed. A contract for one-off digital content or online services is completed when the content/services are made available to you and paid for. A contract for a digital content/online services subscription is completed when you or we end the contract in accordance with these Terms. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until one calendar month after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you.
  9. How to end the contract with us. To end the contract with us, please let us know by emailing us at hello@planhappy.co.uk. Please provide your name, business name, address, details of the order and, where available, your phone number and email address.
  10. How we will refund you. If you are entitled to a refund under these Terms we will refund you the price you paid for the products, by the method you used for payment. However, we may make deductions from the price, as described below.
  11. When your refund will be made. We will make any refunds due to you within 30 days of the date on which you become entitled to the refund
  12. Our rights to end the contract
    • We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
        • you do not make any payment to us when it is due and you still do not make payment within seven days of us reminding you that payment is due;
        • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
  1. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least one month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
  2. If there is a problem with the product

How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at hello@planhappy.co.uk and The Planning Rooms Wellington Court, Preston Farm Business Park, Stockton-On-Tees, England, TS18 3TA .

  1. Price and payment
    • Where to find the price for the product. The price of the product will be the price indicated on the Website’s order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 51 for what happens if we discover an error in the price of the product you order.
    • We will pass on changes in the rate of VAT. The website order page will indicate whether the price is inclusive or exclusive of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
  2. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
  3. When you must pay and how you must pay.
    • You shall pay all the fees due to us by Debit or Credit Card. When you make the order you must provide valid, up-to-date and complete payment details and by providing those details you authorise us to request the payment in accordance with the agreed payment terms. When you must pay depends on what product you are buying:
        • For digital content and online services, you must pay for the content/services, either by paying a monthly subscription fee or by making a one-off payment, before you access the content/services
        • For in person services, you must make an advance payment of 100% of the price of the services, before we start providing them. You must pay each invoice within thirty calendar days after the date of the invoice.
  1. Our right regarding set-off. You must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  2. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank Of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  3. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  4. Price increases. If we intend to raise subscription fees then you will be notified at least 30 days in advance. You may cancel at any time if you do not wish to pay the increased fees.
  5. Switching from a subscription to a one-off purchase. We may choose to make some or all of our subscription digital content/online services available to purchase on a one-off basis.  If we do so, and you choose to switch from a subscription to a one-off purchase, we will endeavour to reflect any subscription fees paid prior to the switch in the price quoted for the one-off purchase.   
  6. Our responsibility for loss or damage suffered by you
    • Nothing in these Terms shall limit or exclude our liability for:
        • death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
        • fraud or fraudulent misrepresentation;
        • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982; or
        • any matter in respect of which it would be unlawful for us to exclude or restrict liability.
  1. Subject to clause 58:
    • we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
    • our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.
  2. You assume sole responsibility for the results obtained from the use of the digital content and the services, and for conclusions drawn from such use. We shall have no liability for any damage caused by:
    • errors or omissions in any information, instructions or materials provided by us to you;
    • Any breach by you of the Terms;
    • Any actions that we take at your direction or request;
    • Any web links to other sites; or
    • Any Malware, provided that we comply with our obligations in clause 62.
  3. Your responsibility for loss or damage suffered by us
    • You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of earnings, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of these Terms by you.
    • If a payment due from you under clause 61 (a) is subject to tax (whether by way of direct assessment or withholding at its source), we shall be entitled to receive from you such amount as shall ensure that the net receipt, after tax, by us in respect of the payment is the same as it would have been were the payment not subject to tax.
  4. Malware

We shall use reasonable endeavours to detect the presence of Malware in the Website and the Academy, and to remove any such Malware so detected.

  1. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy www.planhappy.co.uk/privacy-policy

Other important terms

  • We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
  • You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.
  • Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Terms.
  • If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
  • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
  • Nothing in these Terms is intended to or shall operate to create a partnership, joint venture or employment relationship between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
  • Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.