Terms and conditions

By accessing this application (App), you agree with the Trustee for Plan Registry Discretionary Trust ABN 14 547 976 061 (Plan Registry/we/us) to the following terms.  If you do not agree to these terms, you must not access the App.  We may amend these terms from time to time so you should check them regularly.  If you continue to use the App after 30 days of us making a change then you are taken to have accepted that change.

Agreed terms

Our contract with you

  1. These terms and conditions apply to the supply of services by us to you.  To the extent permitted by law, no other terms are implied by trade, custom, practice or course of dealing.
  2. These terms contain the entire agreement between you and us in relation to their subject matter.  You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these terms.

Registration

  1. We provide the App to enable Authorised Users, via a Plan Account, to add Plans and upload Plan Files, apply details to the Plans and Plan Files, search for Plans and Plan Files using details, and invite third parties to view your Plans.
  2. Registration of a Plan Account requires you to enter your name and contact details.
  3. Addition of an Authorised User requires you to enter the name and contact details of that Authorised User.  You must ensure that you have the appropriate consents and authorisation to disclose an Authorised User’s personal information.

App licence

  1. Subject to payment of the Fees, and from the date the Plan Account is registered (Registration Date), we grant you and your Authorised Users a non‑exclusive, non‑transferable, licence for the Term to:
    1. use the App in accordance with these terms;
    2. access the App in the manner contemplated by these terms;
    3. set up the Plan Account Profile;
    4. add Plans and apply appropriate details to the Plans (subject to available Plan Capacity);
    5. upload Plan Files;
    6. add Authorised Users (subject to available User Capacity) and set usage permissions;
    7. send invites to Plan Invitees to view your Plans; and
    8. access and use any other function of the App which we make available to you from time to time.
  2. For clarity, the licence granted under clause 2.4 does not allow you to sublicense the App to third parties.
  3. We reserve the right to revoke this licence and delete your Plan Account at any time for any reason.
  4. You must not transfer your Plan Account to any other person without our written permission.
  5. If you register on behalf of a company, you represent and warrant that you are authorised to bind the company to these terms.

Fees

  1. The Annual Fee for the Access Period is payable yearly in advance.  We will supply you with an invoice for the Annual Fee.
  2. We will notify you that the current Access Period is about to expire at least [#insert, e.g. 30 days] prior to its expiry.  If you wish to renew access, you must review your Plan Account and make a payment for the further Access Period.  If you do not make a payment on or prior to the expiry date, the licence under clause 2.4 will be revoked.
  3. You may pre-purchase Plan Capacity and User Capacity, granting you available credits towards the addition of Plans and Authorised Users to your Plan Account.  Plan Capacity and User Capacity is purchased in accordance with our pricing schedule, available at [#insert URL#].
  4. Each Plan added will reduce your available Plan Capacity by one.  You will not be able to add Plans if you do not have any Plan Capacity available.  Additional Plan Capacity can be purchased as required.
  5. Each Authorised User added will reduce your available User Capacity by one.  You will not be able to add Authorised Users if you do not have any User Capacity available.  Additional User Capacity can be purchased as required.
  6. We use third party payment processors to process Annual Fees and purchases of Plan Capacity and User Capacity.  You acknowledge that additional terms and conditions may apply to the use of these third party payment processors, which are available from the third party payment processors.
  7. The Fees are exclusive of goods and services tax (GST).  Where GST is payable in respect of some or all of the Services, you must pay us such additional amounts in respect of GST, at the applicable rate, at the same time as you pay the Fees.
  8. You are responsible for and must reimburse us for any transaction, processing, dishonour, or charge back fees issued to us by a financial institution or third party payment processor as a result of your payment of (or failure to pay) the Fees.
  9. If your payment is dishonoured or reversed for any reason after the licence under clause 2.4 has been granted, then without prejudice to our other rights or remedies, until payment is made in full, we will immediately suspend the licence granted under clause 2.4 and suspend your access to and use of the App.
  10. We may set-off any Fees owed by you against any amounts held by us on your behalf.
  11. Purchases of Plan Capacity, User Capacity, and Access Periods are final and non-refundable, subject to clause 4.1(j) and your rights under the Competition and Consumer Act 2010 (Cth).  Please contact us if you are seeking a refund and we will let you know if you are eligible.

Plans

  1. On adding a Plan, you must enter in some basic search terms applicable to the Plan.  You may choose to apply additional details to the Plan which will assist in further classifying the Plan and which will be used to search for and filter Plans.  You may also choose to apply a ‘Guide plan’ image of the Plan and upload Plan Files.
  2. Plan Files uploaded to the App must be of compatible size and file type.  You will receive an error message if your Plan File is not compatible with the App.
  3. On successful addition of a Plan, required search terms, and a ‘Guide plan’ image of the Plan, you will be able to request a certificate of lodgement which will indicate the date and time you generated the certificate of lodgement.
  4. Plans added and Plan Files uploaded to the App are only viewable by you unless you invite Plan Invitees to view your Plans or indicate that the Plan is to be publically searchable.
  5. Added Plans and Plan Files cannot be deleted from the App, however you can archive a Plan which will disable certain functionality, such as the ability to search for that Plan.  Archived Plans do not contribute to Plan Capacity.  Archived Plans can be restored at any time, subject to available Plan Capacity.
  6. While we undertake reasonable back ups of the App in accordance with our reasonable business processes, we do not provide back up services.  It is your responsibility to ensure that you have appropriate procedures in place to back up all Plan Files uploaded to the App.

Your use of the App

Acknowledgment

  1. You acknowledge and agree that:
    1. an internet connection is required to access the App and that charges may apply;
    2. connections to the App are encrypted by reasonable TLS (transport layer security), however any information you transmit to the App is transmitted at your own risk;
    3. you are responsible for your username and password (including unauthorised use of them);
    4. certificates of lodgement generated by us do not verify your Intellectual Property Rights and only confirm the date and time you generated the certificate of lodgement;
    5. your Plan Account Profile is subject to our approval.  We reserve the right to suspend or reject your Plan Account Profile or request amendments if any part does not meet our requirements for inclusion on the App at any time.  Inclusion of your Plan Account Profile does not imply that we endorse or make any other representations about you;
    6. we do not endorse or make any other representation about any user of the App;
    7. we make reasonable efforts to maintain the security and confidentiality of the App but we cannot ensure or guarantee its safety.  For example, hacking, vandalism, hardware or software failure may affect the security and confidentiality of the App, and we take no responsibility for such events where we have neither caused nor significantly contributed to their occurrence;
    8. you have exercised your own judgement as to the suitability of the App for your purposes, and that you use the App at your sole risk; and
    9. we may alter the functionality of the App at any time without consultation with you.  If any alteration results in a material change to the App which is detrimental to your use of the App in accordance with these terms, you may choose to terminate these terms and we will provide a pro-rata refund of any Annual Fees you have paid in advance, and any unused Plan Capacity and User Capacity.
  2. If you become aware of unauthorised use of your username and password or the username and password of any of your Authorised Users or Plan Invitees (or any other security breach) then you agree to inform us immediately.
  3. Subject to clause 10.5, you agree that:
    1. the App may contain errors and may not be available from time to time;
    2. Plan Registry excludes any warranty or representation not expressly set out in these terms, and specifically makes no representation and gives no warranty that use of the App will:
      1. not infringe the Intellectual Property Rights or other rights of any third party; or
      2. be free from defects, fit for any particular purpose or function in any specified manner.

Prohibited conduct

  1. You may only use this App if you are an Australian resident aged 18 years or over.
  2. You must not use the App:
    1. to engage in unlawful or fraudulent behaviour;
    2. to defame or harass any third party;
    3. to circumvent any security measures;
    4. to distribute, view or create any material that:
      1. is or may be defamatory, offensive, obscene, illegal or unlawful; or
      2. infringes any third party’s Intellectual Property Rights;
    5. through act or omission, to mislead or deceive others; or
    6. in any other manner that we consider to be unacceptable.

Suspension

  1. Without limiting any other remedy, we may suspend your access to the App if:
    1. we reasonably believe you are in breach of these terms; or
    2. a third party alleges that you have or have threatened to do any of the things described in clause 4.4 and 4.5.

Third party services

  1. This App may also use social networking, a share functionality or may contain links to other sites that we do not own or control (Third party sites).  We have no control over, and assume no responsibility for, any share functionality or the content, privacy policies, or practices of any social media platform or Third party site.  Your use of any social media platforms or Third party sites is subject to the particular site's terms of use.  You should review the terms of use of each social media platform or Third party site before using any share functionality or Third party site linked to this App.  By using this App, you release Plan Registry from any and all liability arising from your use of any share functionality or Third party site accessed from this App.  You also understand that any information you communicate via a share functionality or Third party site may become publically available and that Plan Registry is not responsible for the conduct of others who may view, collect and use this information.

No assignment

  1. Plan Registry Material remains our property.
  2. We own, and do not assign to or create for your benefit, any Intellectual Property Rights (including future Intellectual Property Rights):
    1. in the App;
    2. in any Plan Registry Material; or
    3. otherwise created by Plan Registry in the delivery of the App.

Licence of Your Material

  1. Your Material remains your property and nothing in this agreement grants us any Intellectual Property Rights in Your Material or any other Intellectual Property Rights of yours.
  2. You grant Plan Registry a non‑exclusive, global licence for the Term to exercise the Intellectual Property Rights in Your Material strictly as necessary for us to provide you with the App.

No use of Plan Registry’s marks

  1. You must not use the trade marks or logos of Plan Registry except with our prior written consent.

Infringement

  1. You agree not to:
    1. decompile, disassemble or reverse engineer the App (or any part of it);
    2. use the App other than as expressly permitted under these terms;
    3. modify the App; or
    4. merge all or any part of the App with any other software.

Your warranties

  1. You warrant that:
    1. your Plan Account does not contain any unlawful, infringing, or defamatory content;
    2. you will act in good faith in your dealings with other users; and
  2. By adding any Plans or uploading any Plan Files to the App, or otherwise providing to us Your Material or Third Party Material, you warrant that, and it is a condition of these terms that you own the Intellectual Property Rights in Your Material and have all necessary permissions, licences, regulatory approval or other authorities needed:
    1. to add any Plan;
    2. to upload any Plan File;
    3. to provide to us Your Material or Third Party Material;
    4. for us to use Your Materials and any Third Party Material as set out in these terms,
    and that our use of Your Materials and any Third Party Material as set out in these terms will not infringe the Intellectual Property Rights or other rights of any third party.
  3. You acknowledge that you are responsible for your use of material that is made available by the App.

Trustee’s limitation of liability

  1. The Trustee enters into these terms and performs all conduct and obligations of the Trustee in connection with these terms only as trustee of the Trust, except where expressly stated otherwise.
  2. A liability of the Trustee arising under or in connection with these terms is limited to and can only be enforced against the Trustee only to the extent to which it can be satisfied out of any assets of the Trust by the Trustee exercising its right of indemnity set out in the Trust Deed.  This limitation of the Trustee's liability applies despite any other provision of these terms other than clause 6.5.
  3. No person may sue the Trustee in any capacity other than as Trustee of the Trust, including seeking the appointment of a receiver (except in relation to property of the Trust), a liquidator, an administrator or any other similar person to the Trustee or prove in any liquidation of or affecting the Trustee (except in relation to the property of the Trust).
  4. Each person (other than the Trustee) waives their rights and releases the Trustee from any personal liability in respect of any loss or damage that it may suffer as a consequence of a failure of the Trustee to perform its obligations under these terms, which cannot be paid or satisfied out of any assets of the Trust.
  5. Despite any other provision of this clause 6, the provisions of this clause will not apply to any obligation or liability of the Trustee to the extent arising as a result of the Trustee's fraud, negligence or breach of trust or because of a reduction of the Trustee's right of indemnity under the Trust Deed or by operation of law.
  6. No attorney, agent or delegate appointed in accordance with these terms has authority to act on behalf of the Trustee in any way that exposes the Trustee to any personal liability.
  7. In this clause:
    1. Trustee means Plan Registry Pty Ltd; and
    2. Trust means the Plan Registry Discretionary Trust.

Term and termination

Term

  1. These terms commence when you first use the App and continue until terminated under this clause 7.

Termination on notice of new terms

  1. If we change these terms, you may give us notice that you want to immediately terminate these terms within 30 days after the date we change these terms.

Termination for convenience

  1. Either party may terminate these terms by 10 days’ written notice given to the other.

After termination

  1. On termination of these terms:
    1. the licence granted under clause 2.4 is immediately revoked;
    2. we may immediately delete your Plan Account from the App;
    3. we may issue an invoice for any amounts due, or which have accrued under these terms and not previously invoiced; and
    4. we may delete or destroy Your Material and Your Data.

Survival

  1. Termination of these terms will not affect clauses 2.16, 4.1(e), 4.3, 4.10 to 4.13, 5, 6, 7.4, 8, 9, 10 or any provision of these terms which is expressly or by implication intended to come into force or continue on or after the termination.

De-identified data

  1. Despite any other clause in these terms, Plan Registry and its suppliers may use any data which is de-identified for any purpose. 

Privacy

  1. We will collect and use your Personal Information and the Personal Information of any Authorised Users in accordance with our Privacy Policy ([#insert link to privacy policy here]).
  2. If you disclose any individual’s Personal Information to use, you must obtain consent from, and make any necessary disclosures to the relevant individual before disclosing their Personal Information to us, and otherwise comply in all respects with your obligations under the Privacy Act.
  3. You must give all assistance we require in relation to any investigation, request or enquiry (formal or otherwise) from the Privacy Commissioner regarding the Personal Information you disclosed to us under these terms.

Limitation of liability

Limitation

  1. Subject to clauses 10.2 and 10.4 any liability of Plan Registry for loss or damage however caused (including by our negligence), suffered by you in connection with these terms is limited to an amount equal to the Fees paid by you to us under these terms in the 12 months before you first suffered loss or damage in connection with these terms.
    Consequential Loss
  2. Subject to clause 10.5, we are not liable for any Consequential Loss however caused (including by our negligence), suffered or incurred by you in connection with these terms.
    Seriousness or nature
  3. For clarity and without limiting clauses 10.1 and 10.2 the parties agree that clauses 10.1 and 10.2 are to apply in connection with a breach of these terms, anticipated breach of these terms and other conduct regardless of the seriousness or nature of that breach, anticipated breach or other conduct.
    Australian consumer law
  4. Except as contemplated by clause 10.5, nothing in these terms is intended to limit any of your rights under the Competition and Consumer Act 2010 (Cth). 
  5. If the Competition and Consumer Act 2010 (Cth) or any other legislation states that there is a guarantee in relation to any goods or services we supply in connection with these terms and our liability for failing to comply with that guarantee cannot be excluded but may be limited, then clauses 10.1 and 10.2 do not apply to that liability.  Instead our liability for that failure is (at our election):
    1. in the case of a supply of goods, us replacing the goods or supplying equivalent goods, repairing the goods, paying the cost of replacing the goods or of acquiring equivalent goods, or paying the cost of having the goods repaired; or
    2. in the case of a supply of services, us supplying the services again or paying the cost of having the services supplied again.

General

  1. The laws of Queensland, Australia govern these terms.
  2. Each party irrevocably submits to the non‑exclusive jurisdiction of the courts of Queensland, Australia and courts competent to hear appeals from those courts.
  3. You must not assign, in whole or in part, or novate your rights and obligations under these terms without the prior written consent of Plan Registry.
  4. Plan Registry may assign its interest under these terms.
  5. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction, it is to be treated as being severed from these terms in the relevant jurisdiction, but the rest of these terms will not be affected.
  6. Plan Registry may subcontract the performance of all or any part of Plan Registry’s obligations under these terms.
  7. You must comply with all applicable laws in connection with your access to and use of the App.
  8. This online merchant is located in Australia.

Definitions and interpretation

  1. In these terms:

    Access Period means the 12-month period for which you have paid the Annual Fee and can access the features of the App restricted to Plan Accounts (subject to termination of access under these terms).

    Annual Fee means the annual fee payable by you to us in accordance with our Pricing Schedule.

    App means the App made available by Plan Registry to which these terms relate.

    Authorised User means an authorised user of a Plan Account which is registered to access the functionality described in clause 2.4.

    Consequential Loss means:
    1. loss of bargain;
    2. loss of revenues;
    3. loss of reputation;
    4. indirect loss;
    5. loss of profits;
    6. loss of actual or anticipated savings;
    7. lost opportunities, including opportunities to enter into arrangements with third parties;
    8. loss or damage in connection with claims against you by third parties; and
    9. loss or corruption of data.

    Fees means any fees payable by you to us, including the Annual Fee and fees for Plan Capacity and User Capacity.

    Intellectual Property Rights means all industrial and intellectual property rights, both in Australia and throughout the world, and includes any copyright, moral right, patent, registered or unregistered trade mark, registered or unregistered design, trade secret, knowhow, trade or business or company name, or right of registration of those rights.

    Personal Information has the meaning given to that term by the Privacy Act.

    Pricing Schedule means our schedule of fees, available from [#insert URL].

    Privacy Act means the Privacy Act 1988 (Cth) and any ancillary rules, guidelines, orders, directions, directives, codes of conduct or other instruments made or issued under it, as amended from time to time.

    Plan means any details to describe the look and function or workings of a building you upload to the App in accordance with these terms.

    Plan Account means an account registered to access the paid functionality of the App.

    Plan Capacity means the capacity available for the addition of Plans to a Plan Account.

    Plan File means any document you upload to the App in accordance with these terms.

    Plan Invitees means any third party who is not an Authorised User whom you invite to view your Plans.

    Plan Registry Material means any material provided by or to which access is given by Plan Registry to you for the purposes of these terms including data stored by any means and includes the App.

    Profile means any statements, information or representations you make on the App about yourself or your business and includes your branding and contact details.

    Registration Date means the date defined in clause 2.4.

    Term means the term contemplated by clause 7.

    Third Party Material means any material that is owned by a third party including data stored by any means.

    User Capacity means the capacity available for the addition of Authorised Users to a Plan Account.

    Your Data means any data you provide to Plan Registry or use in connection with the App.

    Your Material means the Plans, Plan Files, Your Data, your Profile and any material (including Third Party Material) you provide or give access to Plan Registry.

For any questions please contact:

Plan Registry Pty Ltd ABN 14 547 976 061

Email: info@planregistry.com.au