Terms of Trade

These Terms of Trade ("Terms") govern the use of Planna's website, reports, and services provided byPlanna Pty Ltd ("we", "us", "our"). By purchasing a report, subscribing, or accessing our services, you agreeto these Terms. If you do not agree, do not use our services.

1. AGREEMENT STRUCTURE

• These Terms form a contract between you ("Customer") and Planna.
• By placing an order, subscribing, or otherwise using our Services, you accept these Terms.
• Any Statement of Work or custom scope of services is governed by these Terms unless agreed otherwise.

2. SERVICES

• We offer one-off digital reports and subscription-based insights to support development applications.
• Reports are intended for submission to councils and may include planning advice based on applicable controls.
• We do not provide legal, architectural, engineering, or building advice.
• We do not guarantee that any application will be approved by a council or other authority. Outcomes depend on third-party decisions and external factors beyond our control.

3. DELIVERY AND ACCEPTANCE

• Reports are delivered digitally via email or your Planna dashboard. You must provide accurate contact details.
• You have 10 business days to review and raise any concerns. If no notice is given, the Deliverable is deemed accepted.
• Once accepted, we are not liable for any alleged defects.
• If rejected, you must provide written notice of the defects. At our discretion, we may:
  • (i) make changes at our cost;
  • (ii) make changes at our usual rates; or
  • (iii) terminate the agreement.

4. VARIATION

• We are only required to deliver Services and Deliverables as outlined in the Statement of Work.
• Variation requests must be submitted promptly. We are not obligated to accept them.
• Variations must be agreed in writing and may result in adjusted fees at our standard rates.

5. FEES AND PAYMENT

• Fees are listed on our website. One-off reports must be paid upfront. Subscriptions are billed monthly or annually in advance.
• All prices are in AUD and include GST unless stated otherwise.
• Failure to pay may result in suspension or termination of access.

6. USE OF REPORTS AND CUSTOMER RESPONSIBILITIES

• Reports may inform your development application but should not be relied on exclusively for compliance.
• You must not resell, copy, or redistribute reports without our written consent.
• You are responsible for safeguarding login credentials and account use.
• You agree not to use our platform or services in a way that is unlawful, abusive, or interferes with system performance. Misuse may result in account suspension.

7. INTELLECTUAL PROPERTY

• We retain ownership of all intellectual property in our platform, Services, Deliverables, and related materials.
• Upon full payment, you receive a limited, non-transferable licence to use the Deliverables internally for your project.
• We are not obligated to provide working files, data, or methodologies.
• You warrant that any materials you supply do not infringe third-party rights and agree to indemnify us against related claims.

8. LIMITATION OF LIABILITY AND INDEMNITY

• To the fullest extent permitted by law, we exclude all non-mandatory warranties.
• We are not liable for:
  • (i) indirect, special, or consequential loss;
  • (ii) loss of opportunity, revenue, or data;
  • (iii) delays or rejections by councils or third parties; or
  • (iv) decisions made based on our reports.
• Our total liability is capped at the amount paid in the previous 3 months.
• Legal claims must be commenced within 6 months of final delivery.
• Where legally required, our liability is limited to resupplying the service or refunding its cost.
• You indemnify us against losses from:
  • (i) your instructions;
  • (ii) your failure to take reasonable precautions;
  • (iii) unauthorised statements about the Services; or
  • (iv) your negligence or breach of duty

9. TERMINATION

• We may suspend or terminate access if you breach these Terms or fail to pay.
• On termination, your access ends. Please download needed materials beforehand.
• Termination does not affect accrued rights or ongoing obligations.

10. PRIVACY AND DATA

• We handle personal information in line with our Privacy Policy.
• By using our Services, you consent to the collection and use of your data to deliver and improve our services.

11. GENERAL

• Force Majeure: We are not responsible for delays or failures caused by events beyond our control.
• Notices: Notices must be in writing and may be sent by email. They are deemed received when sent, unless after 5PM or on a non-Business Day, in which case on the next Business Day.
• Waiver: Rights can only be waived in writing. Failure to enforce a right is not a waiver.
• Assignment: You may not assign your rights or obligations without our written consent.
• Entire Agreement: These Terms are the entire agreement between you and us, superseding any prior discussions.
• Severability: If part of these Terms is unenforceable, the remainder stays in effect.
• Dispute Resolution: Disputes may first be submitted to mediation before legal action.
• Definitions: 'Services' refers to reports, digital products, and platform access. 'Deliverables' are the outputs we provide. 'Customer Material' means any input you supply.