TERMS AND CONDITIONS
Last updated on 12 June 2019
These terms and conditions (Terms) govern your supply of reports purchased from Planning Reports, through the website located at (Website) purchased over the phone, by email, or otherwise provided by Planning Reports. By purchasing Reports (defined below) including through the Website, you agree to be bound by these Terms which form a binding contractual agreement between you, the purchaser of Reports and/or user of the Website and us, EAST COAST PROPERTY AND PLANNING PTY LTD ABN 13 626 470 424 operating under the business name “Planning Reports” (Planning Reports, our, we or us).
These Terms set out the terms and conditions that apply when you use the Website, and if you offer to purchase planning and building compliance due diligence reports from Planning Reports, through the Website, or by another other means (Reports).
We may change these Terms at any time by updating this page of the Website, or by updating our hard copy Terms included with our Application Form (defined below). Your continued use of the Website, or use of the hard copy Terms and Application Form, following such an update, will represent an agreement by you to be bound by the Terms as amended.
Planning Reports provides Reports for assistance with planning and building compliance due diligence. The accuracy of our Reports are reliant on the information you give us and/or information and certificates we receive from councils or other organisations providing land titling/infrastructure information.
The areas of planning and building compliance due diligence covered by us is limited to those that which are indicated in our Reports. It is what we believe, in our expert opinion, to be basic fundamental areas that should be covered. We are not suggesting that this is exhaustive as due diligence can extend beyond the scope of what is covered in our Reports.
We wish to advise that there are many additional statutory provisions which may affect a property or development which extend beyond the scope of what is covered in our Reports.
Authorities may have statutory powers beyond what is covered in our Reports to require you to undertake certain tasks, submit certain information or documentation or restrict development.
There are various environmental planning instruments, including local, regional and state environmental plans, policies and legislation (Environmental Planning Instruments) which may apply to specific types of developments. These Environmental Planning Instruments may also apply to matters affecting the land which are not directly outlined in a planning certificate issued by a council under the provisions of section 10.7 of the Environmental Planning and Assessment Act 1979 (NSW) (Section 10.7 Certificate).
We are qualified planning and building compliance experts. Our expertise only extends to what is provided to you in our Reports. You may need to obtain independent legal, financial, building or other professional advice depending on your needs. Our Reports are not a planning or development approval and are not a guarantee of planning or development approval or prevention of enforcement action from the relevant authorities.
OFFER TO PURCHASE
By submitting an application form for purchase of a Report using the Website's functionality or otherwise (Application Form) you represent and confirm that you:
have the legal capacity and are of sufficient age to enter into a binding contract with us; and
are authorised to use the debit or credit card or other payment method you use to purchase your Report.
Submitting an Application Form constitutes your intention and offer to enter into a contract, where we will provide you with the Report/s you have ordered in exchange for your payment of the total amount listed upon checkout or otherwise. A contract is not formed until we have approved your payment and you receive an email from us confirming that your Report is being processed.
The scope of what is included in your Report is restricted to what you have described in "Details of Development" in your Application Form and the scope of our Reports as detailed on our Website.
By submitting an Application Form through our Website, in person, via email or any other means you understand, acknowledge and agree that:
You are responsible for providing accurate and correct information in your Application Form. You acknowledge that all information you provide in your Application Form is taken by us to be true and accurate and we rely on this information to provide you with our Reports.
Planning Reports does not accept any responsibility for any intentional or unintentional error or omission made by you on the Application Form.
You indemnify us against any claims, damage, losses or suffering as a result of incorrect information provided by you.
Reports are reliant on the accuracy and integrity of the certificates and searches provided by third parties including government authorities.
Planning Reports does not accept any responsibility for any incorrect information supplied by, or intentional or unintentional error or omission made by, any third parties including government authorities.
You indemnify us against any claims, damage, losses or suffering as a result of incorrect information provided by any third parties including government authorities.
Our Reports may identify non-compliances, matters affecting the land, or encumbrances. Planning Reports will not accept responsibility for any damages or costs associated for non-compliances, matters affecting the land or encumbrances identified in Reports. It is your responsibility to make informed decisions about the subject property/premises.
Our Reports are not a planning or development approval and are not a guarantee of planning or development approval or prevention of enforcement action from the relevant authorities.
Our Reports only cover the areas outlined on our Website and your Application Form. The areas covered in your Report may not be exhaustive for your needs. You may need to carry out further due diligence beyond the areas covered in the Report. This may include federal and state legislation that affects the relevant property/premises.
There are many additional statutory provisions which may affect a property or development which extend beyond the scope of what is covered in our Reports.
Authorities may have statutory powers beyond what is covered in our Reports to require you to undertake certain tasks, submit certain information or documentation or restrict development.
There are various Environmental Planning Instruments, which may apply to specific types of developments. These Environmental Planning Instruments may also apply to matters affecting the land which are not directly outlined in Section 10.7 Certificate.
We will not commence any work on your Report, including carrying out required searches, until you have signed a completed Application Form and payment has been received in full.
Planning Reports are planning and building compliance experts. Our Reports only cover what is in the Report. You may need to obtain independent legal, financial, building or other professional advice depending on your needs, in addition to obtaining Reports from us.
(Payment obligations) You must pay for your Reports at the time of submitting your Application Form on our Website or otherwise.
(GST) Unless otherwise indicated, amounts stated on the Website, or otherwise provided to you, do not include GST. In relation to any GST payable for a taxable supply by Planning Reports, you must pay the GST subject to Planning Reports providing a tax invoice.
(Card surcharges) Planning Reports reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
(Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Reports. The processing of payments by the Payment Provider will be, in addition to these Terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.
CANCELLATION AND REFUNDS
Once you have submitted your Application Form and paid for your Report we will begin any relevant searches and work on your Report and you cannot cancel your Report. To the extent permitted by law, Planning Reports will not provide refunds.
We reserve the right to cancel your Report for any reason and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.
In the event that we discover an error or inaccuracy in the price at which your Report was purchased, we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Report at the correct price, or cancelling your Report. If you choose to cancel your Report and payment has already been debited, the full amount will be credited back to your original method of payment.
Reports will be delivered electronically to the email address provided on your Application Form. If you do want a hard copy of any Report, please contact us and we may be able to provide one.
USE OF THE WEBSITE
ACCESS AND USE OF THE WEBSITE
You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.
You must not:
copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Planning Reports;
use the Website for any purpose other than the purposes of browsing, selecting or purchasing Reports;
use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
use the Website with the assistance of any automated scripting tool or software;
act in a way that may diminish or adversely impact the reputation of Planning Reports, including by linking to the Website on any other website; and
attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:gaining unauthorised access to Website accounts or data;scanning, probing or testing the Website for security vulnerabilities;overloading, flooding, mailbombing, crashing or submitting a virus to the Website; instigating or participating in a denial-of-service attack against the Website.
INFORMATION ON THE WEBSITE
While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
the Website will be free from errors or defects;
the Website will be accessible at all times;
messages sent through the Website will be delivered promptly, or delivered at all;
information you receive or supply through the Website will be secure or confidential;
any information provided through the Website is accurate or true; or
any information on the Website should not be taken as advice or relied upon for planning purposes including planning and building compliance due diligence.
We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including report descriptions, prices and other Website Content.
Planning Reports retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it.
You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Planning Reports or as permitted by law.
LINKS TO OTHER WEBSITES
The Website may contain links to other websites that are not our responsibility.
We have no control over the content of the linked websites and we are not responsible for it.
Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
Planning Reports does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.
If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.
(Limitation of liability) To the maximum extent permitted by applicable law, Planning Reports excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these Terms or any Reports or services provided by Planning Reports.
All other express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Planning Reports’ liability for breach of that non-excludable condition, warranty or guarantee will, at Planning Reports’ option, be limited to the replacement or the supply of equivalent Reports.
(Indemnity) You agree to indemnify Planning Reports and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from your or your representatives' use of the Website or of any Reports or services provided by Planning Reports including:
relying on incorrect information provided by you in your Application Form or otherwise;
relying on incorrect information supplied by, or intentional or unintentional error or omission made by, any third parties including government authorities;
any matters outside the scope of our Reports, including matters affecting a property or development and matters in Environmental Planning Instruments;
any matters outside our scope of expertise (such as legal, financial and building advice); or
whether you obtain any planning or development approval or prevention of enforcement action from the relevant authorities.
(Consequential loss) To the maximum extent permitted by law, under no circumstances will Planning Reports be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these Terms or any Reports or services provided by Planning Reports (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
(Sharing of your Information) We may need to share your information with third parties, including government authorities to provide you with the Reports. You consent to the sharing of your information in your Application Form with third parties as required to provide you with the Reports.
(Governing law) This agreement is governed by the law applying in New South Wales, Australia.
(Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
(Amendments) These Terms may only be amended by Planning Reports in accordance with the Terms.
(Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
(Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.
(Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.
(Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.
(Interpretation) In these Terms, the following rules of interpretation apply:
(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word "includes" and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.