[vc_row][vc_column][vc_column_text]Welcome to our website. This website is owned and operated by Planiter Pty Ltd (ABN 91 616 913 190), its successors and assignees (we, our or us). It is available at: www.planiter.com.au (Site) and may be available through other addresses or channels.
Planiter provides a facility for you and other users to undertake a search of an address and be provided with information from councils and other governing bodies that may impact on or be of relevant to an address that You search on their Site.
- Information: The information, including statements, opinions and documents, contained in this Site (Information) is for general information purposes only. You acknowledge that the Information contained on the site includes information which is made available to us by local councils and other governing bodies and does not contain any information which is produced or owned by Planiter. The Information does not take into account your specific needs, objectives or circumstances, and it is not advice. Any reliance you place on the Information is at your own risk and you should make your own inquiries to confirm the validity of the Information. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary.
- Amendment: The Information and Terms may be amended without notice from time to time in our sole discretion. Your use of our Site following any amendments indicates that you accept the amendments. You should check the Terms regularly to ensure you are aware of any changes, and only proceed to use the Site if you accept and will comply with the new Terms.
- Your warranties: You warrant to us that you have the legal capacity to enter these Terms and form a contract, and that you have read and understood these Terms, before using the Site.
- Licence to use the Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable right and licence to use the Site for your personal, non-commercial use, in accordance with these Terms. All other uses are prohibited without our prior written consent.
- Prohibited Conduct: You must not:
- Use the Site for any activities, or post or transmit any material from the Site:
- unless you hold all necessary rights, licences and consents to do so;
- that infringes the intellectual property or other rights of any person;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that defames, harasses, threatens, menaces, offends or restricts any person;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy; or
- that would bring us, or the Site, into disrepute;
- Interfere with or inhibit any user from using the Site;
- Use the Site to send unsolicited email messages;
- Attempt to or tamper with, hinder or modify the Site, knowingly transmit viruses or other disabling features, or damage or interfere with the Site, including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Site; or
- Facilitate or assist another person to do any of the above acts.
- Copyright and Intellectual Property Rights: Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of our Site. We own the copyright which subsists in all creative and literary works displayed on the Site except any creative or literary works that we make available from information provided to us by local councils and other governing bodies (Third Party Intellectual Property). Such Third Party Intellectual Property is owned by the relevant persons or entities claiming ownership in the relevant Third Party Intellectual Property.
- You agree that, as between you and us, we own all intellectual property rights in the Site, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Site does not grant you a licence to, or act as a right to, use of any of the intellectual property, whether registered or unregistered, displayed on the Site without the express written permission of the owner.
- You must not breach any copyright or intellectual property rights connected with the Site. This includes but is not limited to:
- altering or modifying any of the code or the material on the Site;
- causing any of the material on the Site to be framed or embedded in another website; or
- creating derivative works from the content of the Site.
- Republishing: You may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Site on the following grounds:
- you must make no alterations to the material;
- you must attribute the material to our Site, including linking back to our Site where possible; and
- you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Site, into disrepute.
- Third party information: As set out in the Terms, this Site contains third party information, which is made available to us by local councils and other governing bodies which may include but is not limited to records pertaining to planning permit applications made available by local councils, applications or notices made by the Environmental Protection Agency or any other governing body which may affect areas or properties in the vicinity of a search undertaken by you (Third Party Information). We do not control, recommend, endorse, sponsor or approve Third Party Information, including any information, products or services mentioned in Third Party Information. You should make your own investigations with respect to the suitability of Third Party Information for you.
- Third Party links and websites: This Site may contain links to websites owned by third parties (Third Party Sites). We do not control, recommend, endorse, sponsor or approve Third Party Sites, including any information, products or services mentioned on Third Party Sites. You should make your own investigations with respect to the suitability of Third Party Sites for you.
- Reservation of Rights:We reserve the right to amend or delete any and all of your content, Third Party Information and/or Third Party Sites, and to block any user, if we believe that there is a violation of these Terms, or for any other reason, in our sole discretion.
- Delays and outages: We are not responsible for any delays or interruptions to the Site. We will use commercially reasonable efforts to minimise delays and interruptions. We cannot warrant that the Site will be available at all times or at any given time. We may at any time and without notice to you, discontinue the Site in whole or in part. We are not responsible for any loss, cost, damage or liability that may result from our discontinuance of the Site.
- Limitation of Liability: To the extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site.
- To the extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
- Disclaimer: The Site is provided to you without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose. We do not warrant that the functions contained in any material on the Site or your access to the Site will be error free, that any defects will be corrected, that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Site will operate on a continuous basis or be available at any time.
- Information provided by this Site contains information made available to us by local councils and other governing bodies which may include but is not limited to records pertaining to planning permit applications made available by local councils, applications or notices made by the Environmental Protection Agency or any other governing body which may affect areas or properties in the vicinity of a search undertaken by you. This Information is obtained through searches of online facilities made available by the local council and governing bodies.
- We endeavour to undertake a search of each of the online planning registers of municipal councils every 24 hours.
- We make no representations, warranties or guarantee, express or implied, about:
- the completeness, accuracy, reliability, suitability or availability of any Information, images, products, services, or related graphics contained on the Site for any purpose;
- Third Party Information; or
- Third Party Sites.
You acknowledge that by using the Site that:
- The information contained on the website may not be a complete representation of the status of planning applications or any other notices provided by any governing authority as at the time that you undertake your search;
- A local council or other governing body may not provide Information in a form which enables our Site to provide an accurate search result;
- the Information provided on our Site is not information which is produced by Planiter; and
- if you have any specific queries as to the content of any information contained on the Site, you should contact the relevant municipal council responsible for publishing such information.
You read, use, and act on information contained on the Site, Third Party Information and/or Third Party Sites, strictly at your own risk.
- Indemnity: By using the Site, you agree to defend and fully indemnify and hold us (and our officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
- your use of or access to the Site;
- your reliance on any of the information contained on the Site;
- any breach by you of these Terms; or
- any wilful, unlawful or negligent act or omission by you.
This defence and indemnification obligation will survive these Terms and your use of the Site. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
- Breach: You may only use the Site for lawful purposes and in a manner consistent with the nature and purpose of the Site. By using the Site, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Site. We reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in our opinion is deemed inappropriate and/or illegal. If you breach these Terms, we reserve the right to block you from the Site and to enforce our rights against you. If we do not act in relation to a breach of these Terms by you, this does not waive our rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.
- Exclusion of Competitors: You are prohibited from using the Site, including the Information, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from non-permitted use. We reserve the right to exclude any person from using the Site and Information, in our sole discretion.
- Enforceability: If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
- Further Assurances: Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
- Termination: These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
- Disputes: You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify us in writing of any dispute you may have.
- Jurisdiction: Your use of the Site and any dispute arising out of your use of it is subject to the laws of Victoria and the Commonwealth of Australia. These Terms are governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of the courts operating in Victoria. The Site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
- The following free datasets have been used to assist in providing information through this site, subject to the respective licenced terms and conditions as indicated below:- G-NAF ©PSMA Australia Limited licensed by the Commonwealth of Australia under the Open Geo-coded National Address File (G-NAF) End User Licence Agreement, which is accessible here: https://www.data.gov.au/dataset/geocoded-national-address-file-g-naf– Queensland Spatial Catalogue licensed by the ©State of Queensland (Department of Natural Resources and Mines) 2017 under the Creative Commons – Attribution 4.0 International licence. Use of any information from the above organisations is subject to the licensed terms indicated above.
For questions and notices, please contact us at:
Planiter Pty Ltd (ABN 91 616 913 190)
Suite 501, Level 2, 134-136 Pascoe Vale Road, Moonee Ponds, VIC 3039
Email: [email protected][/vc_column_text][/vc_column][/vc_row]