Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

TERMS AND CONDITIONS OF USE OF WEBSITE

Idox Software Limited (‘Idox’) has developed the iApply Service to allow the online submission of regulatory applications to local authorities across England and Wales and to provide access to information that is required by anyone involved in such processes.

By using this website (the “iApply website” or “our site”) and the services contained herein ('Services') you agree to comply with and be bound by the following terms and conditions ('Terms of Use'). Use of our site includes accessing, browsing, or registering to use our site, as well as filing documents. If you do not agree to and accept these Terms of Use, you should not use this website.

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 www.idoxgroup.com/privacy.html, 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 www.idoxgroup.com/cookies.html, which sets out information about the cookies on our site.

INFORMATION ABOUT US

iapply.co.uk is a site operated by Idox Software Limited ("Idox/We"). We are registered in England and Wales under company number 3984070 and have our registered office at 2nd floor, 1310 Waterside, Arlington Business Park, Theale, RG7 4SA. Our VAT number is GB 766 8008 04 and our Data Protection number: Z2428169 . We are a limited company.

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. We pride ourselves on keeping up to the minute in terms of advances in technology and legal developments. As these areas are ever changing, we recommend that you refer to this area of the iApply website on a regular basis in order to ensure that you are aware of our most recent Terms of Use, Privacy Policy and other policies.

Idox reserves the right to modify, add to or change these Terms of Use, our Privacy Statement, and any other policies at any time without notice. Any such modifications, additions or changes will be effective immediately on being posted to the iApply website. Continued use of the iApply website after a modification, addition or change has been made is your acceptance of the modification, addition or change. These Terms of Use were last amended on 29 July 2015.

PERMITTED USE

The iApply website provides the facility for registered users to make electronic applications which will be forwarded by us to the relevant local authorities, but it is your responsibility to ensure compliance by any such application and filed document with all necessary laws, regulations rules and local planning authority procedures that apply to such documents.

The iApply website provides ready access to publicly available information relating to applications, that has been provided to us by local authorities.

You are authorised to view and download the materials made publicly visible on our site.

You can print off individual pages of the content from our site for private, personal and commercial use, provided that any proprietary notices, marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. You may not modify the materials on our site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public purpose without our specific written approval.

You shall not copy, sell, rent, lease, license, sublicense, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any portion of the iApply website or content published thereon.

You must not permanently store or otherwise copy the content of our site for wider distribution or commercial gain.

YOUR ACCOUNT AND PASSWORD

If you choose, or you are 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 and ensure that your employees are made aware of such confidentiality obligations. 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 iapply.co.uk.

We cannot be held liable for any loss occurring as a result of a person other than the legitimate owner accessing the site using your password.

INTELLECTUAL PROPERTY RIGHTS

Copyright is claimed by Idox in the materials contained on and provided in the iApply website and any unauthorised use of any materials on the iApply website may violate copyright, trademark, and other laws. The copyright in the materials are protected by copyright laws and treaties around the world. All such rights are reserved.

Unless otherwise stated, any intellectual property rights arising in respect of the iApply website's design, text, graphics, its selection and arrangement, software and all other material (the 'Content') on or in the iApply website belong to Idox plc.

No material on our site may be used without the written consent of Idox, save that you may make copies of individual items (but not substantial parts of the site) for use in relation to an actual or proposed application to a local authority, and provide copies to others for similar use. If you provide any copy to a third party you must also provide that person with a copy of this copyright notice.

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 author of content on our site must always be acknowledged.

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

If you print off, copy or download any part of our site 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.

The Trademarks, logos, service marks, names and images displayed on this website are the property of Idox or other third parties. Users are not permitted to use these trademarks, logos or service marks without the prior written consent of Idox or such third party that may own the relevant trademark, logo or service mark. Idox reserves all rights of ownership of its trademarks, logos and service marks, registered and unregistered. This includes corporate branding, company names and current and previous product names

“Idox” is a registered trade mark of Idox plc. Idox plc has applied for registration of the “iApply” trademark.

PLANS

We provide links on our site to the websites of providers of maps and plans. We cannot give any undertaking, that products you purchase from third party suppliers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely.

NO RELIANCE ON INFORMATION

The content on our site is provided for public purposes and for general information and use 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. You acknowledge that any reliance upon any information obtained or received via our site shall be at your sole risk,

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.

ACCESSING OUR SITE

If you choose to access this website from locations outside England and Wales you do so on your own initiative and you are responsible for compliance with local laws. If and to the extent local laws are applicable we do not guarantee that our site, or any content on it, will be applicable, or 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.

MATERIAL PLACED ON SITE (Content Standards)

Certain elements of the iApply web site will contain material provided by local authorities for publication, some of which may have come from you. Idox does not accept any responsibility for the content or accuracy of such material and is not responsible or liable for the content of any information transmitted or received through the provisions of our site or any of the services on our site.

You must not post or transmit to or from the iApply website:- any virus, impersonation, unlawful, threatening, defamatory, obscene, scandalous, inflammatory, confidential, pornographic or profane material, material which promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, material which infringes any copyright, database right or trademark of any other person, material which is likely to deceive or which promotes unlawful or illegal activity, material which is threatening, abusive or invades another's privacy or which causes annoyance, inconvenience or needless anxiety, material which is likely to harass any other person, material which can be used to impersonate any person or to misrepresent identity or affiliation with another person, or any other material which could give rise to any civil or criminal liability.  Idox disclaims all liability for any such use and as an end user you indemnify Idox in full against actions by a third party in respect of such action by you, giving rise to any liability.

You agree to use your reasonable endeavours to ensure you or persons accessing our site from your computer do not:

  • abuse or fraudulently use any of the services on our site including but not limited to unauthorised or attempted access, alteration or destruction of information or data;
  • use services in a manner that causes interference or tampers with another user’s use of our site;
  • use services in a manner that violates generally accepted rules of conduct.
  • enter, post or transmit any material in contravention of the rights of any third party.

LINKS

The iApply website incorporates links to other sites designed, maintained and operated by third parties, but this does not imply that we approve or endorse the contents of those sites or the material available from them. If you use these sites, you will leave our site. These links are provided for your convenience only and Idox is not responsible for the content or availability of those sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

Links do not imply that Idox endorses, is affiliated or associated with, or is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trade mark, trade name, logo or copyright symbol of Idox.

You may link to our site, 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.

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 these Terms of Use.

If you wish to make any use of content on our site other than that set out above, please contact iapply.co.uk

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, please note that in particular, and without prejudice to the generality of the foregoing, we will not be liable for:

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

We will not be liable for any indirect or consequential loss or damage nor 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.

You warrant that any information uploaded by you to our site or system complies with the standards and requirements of these Terms of Use, 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.

We also have the right to disclose your identity to any third party who is claiming that any information provided to us by the local authority relating to you and placed by us on our site constitutes a violation of their intellectual property rights, or of their right to privacy.

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

We have the right to remove any uploading or posting you make on our site and/or take such other action as we may consider appropriate if, in our opinion, your post or uploaded material does not comply with the standards and requirements set out in these Terms of 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.

LICENCE

If our site contains information relating to you, provided to us by a local authority you retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. We only publish information related to a specific application which has been provided to us by a local authority.

Any application filed with us by a registered applicant will be forwarded to the local authority

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. 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.

APPLICABLE LAW

These Terms of Use shall be governed and construed in accordance with the laws of England and Wales and any dispute arising in relation to our site whether on contract or in tort or otherwise shall be subject to the non-exclusive jurisdiction of the English Courts. 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. Idox reserves the right to bring proceedings in the courts of the country of your residence or your principal place of business.

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.

GENERAL

You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Use. We reserve the right to assign, sub-licence or transfer any obligations under these Terms of Use to a third party. In the event that we transfer the operation of our site to a third party we reserve the right to transfer this agreement to that third party.

These Terms of Use cannot be varied except by Idox.

Any breach of these Terms of Use shall entitle Idox to immediately terminate your use of our site and/or any agreement with you without notice.

If any provision in these Terms of Use is found to be invalid or unenforceable by any authority having competent jurisdiction, such invalidity or unenforceability shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

Failure by either party to insist upon strict performance of any provision of these Terms of Use, or the failure of either party to exercise any right or remedy to which it is entitled under these Terms of Use shall not constitute a waiver of that right or remedy and shall not cause a diminution of the obligations established under these Terms of Use.

ADDITIONAL TERMS APPLICABLE TO THOSE SUBMITTING APPLICATIONS

When you have selected the iApply Service Option you require and made payment of the sum stated on the selected page, then you will be registered as a Submitter/Customer/member and become entitled to the Services stated on the relevant page.

Any subsequent failure to make an application payment correctly will mean that your application may not be accepted by the local authority.

In the event of any underpayment or late payment, the Customer shall pay interest on the overdue amount at the rate of 4% per annum above NatWest Bank's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.

All Charges are exclusive of VAT or any other applicable sales tax, which shall be paid by the Customer at the rate and in the manner for the time being prescribed by law.

Registration shall terminate on the expiry of any subscription, unless renewed.

The Charges in respect of any Service will not be amended more than once in each 12-month period.

Idox will offer a full refund if and only if Idox fails to deliver a submitted application to the relevant authority. For a reimbursement for any other reason the Customer should contact the local authority Idox shall not be liable for any delay, non-acceptance or other consequence if any application is filed after any time limit which may apply at any local authority for whom such application is intended. The Customer acknowledges that Idox is under no duty to investigate the completeness, accuracy or sufficiency of any specific instructions from the Customer, or of any application filed by the Customer.

Despite the duration of the iApply service stated on the relevant "Services" page, Idox shall be entitled to terminate the Service by immediate notice if the Customer:

  • commits a material breach of any of the terms of this Agreement by the Customer;
  • fails to pay any amount due under this Agreement on the due date for payment if the Customer remains in default not less than 14 days after being notified in writing to make that payment;
  • is unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or the Customer is otherwise deemed to be insolvent pursuant to that Act; or
  • suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.

The Customer shall indemnify Idox for any cost, claim or expense arising as a result of the Customer breaching or the Customer causing the Supplier to be in breach of any of the Data Protection Act or the Privacy and Electronic Communications Regulations or any successor or equivalent legislation.

Neither party will be liable for any delay in performing its obligations if the delay is caused by circumstances beyond its reasonable control, including without limitation, any delay caused by war, terrorism, interruption of electricity, internet, means of telecommunication, strikes and unavailability of personnel and any delay caused by any act or omission of the other party.

No person other than the Customer and Idox shall acquire any enforceable rights under or in connection with this Agreement.

PAYMENTS

Payment is accepted in GBP (£) only.

The following cards are accepted:

Visa Credit and Debit payments supported by Worldpay Mastercard payments supported by Worldpay Worldpay Payments Processing

CONTACT US

To contact us, please email info@iApply.co.uk.

Thank you for visiting our site.

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