PLANBUILD TASMANIA TERMS AND CONDITIONS OF USE

Background

PlanBuild Tasmania is provided by the State of Tasmania through the Department of Justice. In addition to providing enquiry services, PlanBuild Tasmania operates to facilitate, registered users lodging or submitting planning, building and related development applications and information to a relevant Authority.

Part A: Common Provisions

Your access to and use of the Website is subject to the Terms set out in Part A. If you are using the Portal your access to and use of the Portal is subject to the Terms set out in Part A and Part B.

1. Definitions and interpretation

The definitions and rule of interpretation for the Terms are set out in clause 14 and clause 15 respectively.

2. Application of the Terms

• (a) The Terms apply to the use of the Services.
• (b) By accessing or using any part of the Services you are agreeing to be bound by the Terms.
• (c) If you do not wish to be bound by the Terms do not use the Services in any way.

3. Changes to the Terms

• (a) We may make changes to these Terms from time to time.
• (b) Your use of the Services will be governed by the most recent terms posted on the Website. By continuing to use the Services, you agree to be bound by the most recent Terms.
• (c) Every time you wish to access the Services, please check these Terms to ensure you understand the terms that apply at the time.
• (d) Should you object to these Terms or any subsequent amendment of these Terms, you must immediately discontinue access and use of the Services.

4. Changes to the Services

• (a) We may update or change our Services from time to time to reflect changes to our services, our users' needs, changes in law, our business priorities or for other reason.
• (b) We will try (but are not obliged) to give you reasonable notice of any major changes.

5. Permission to use the Website

• (a) We grant you a non-exclusive, nontransferable, revocable, fee-free licence to access and use the Website in accordance with the Terms.
• (b) The licence granted in clause 5(a) may be cancelled by us at any time.

6. Content

• (a) The Content is for general information purposes only. Any use of the Content is at your own risk.
• (b) While we technically operate the Services we exercise no editorial control over much of the Content.
• (c) In most cases the Content is provided by other persons, such as an Authority and other third parties (Third Party Content).
• (d) We do not monitor Third Party Content, however we reserve the right, at our absolute discretion to:
  • (i) access or examine any Third Party Content;
  • (ii) move, remove or disable access to Third Party Content which we consider to breach any applicable Law or to be otherwise unacceptable.
• (e) You acknowledge and agree that the Content is subject to Intellectual Property Rights.
• (f) Unless you are expressly authorised by law you must not:
  • (i) sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent;
  • (ii) use any Content on any other web site or in a networked computer environment for any purpose;
  • (iii) otherwise infringe the Intellectual Property Rights of any person in using the Services or any Content.
• (g) You are authorised to print a copy of any Content for personal use, unless such printing is expressly prohibited.
• (h) In relation to any Content Posted by you, you grant us a perpetual, irrevocable, royalty-free, worldwide, transferable licence (including the right to sub-licence) to use that content.

7. Restricted and prohibited uses

• (a) You agree that in accessing and using the Services, you will not engage or attempt to engage in any activity that:
  • (i) downloads (other than page caching) or modifies the Services or any portion of the Services;
  • (ii) impersonates or falsely claims to represent a person or organisation;
  • (iii) frames the Website without our express permission;
  • (iv) posts, links to, or otherwise communicates or distributes any misleading or deceptive, inappropriate, profane, defamatory, infringing, obscene,indecent or unlawful material or information or otherwise use the Services in a manner which is unlawful or would infringe the rights of another person including any Intellectual Property Rights;
  • (v) posts, links to, or otherwise communicates or distributes any material or information that we deem inappropriate;
  • (vi) bypasses (or attempt to bypass) any security mechanisms imposed by the Services;
  • (vii) provides access or links to any material which may infringe the Intellectual Property Rights of another person;
  • (viii) deletes or alters or attempts to delete or alter attributions, legal notices, trademark or copyright marks on any material contained in the Services;
  • (ix) knowingly posts or transmits or permits the posting or transmission of any material which contains a computer virus or other harmful data, code or material.

8. Disclaimer

• (a) You agree that:
  • (i) the Services are made available to you on an 'as is' and 'as available' basis; and
  • (ii) any use of the Services is entirely at your own risk.
• (b) To the maximum extent permitted by law, we do not give any representation or warranty of any kind, whether express, implied, statutory or otherwise, including, in respect of:
  • (i) that the Services are free from Harmful Code;
  • (ii) the availability, timeliness or continued availability of the Services;
  • (iii) the security of the Services;
  • (iv) the quality, accuracy, currency, correctness, reliability, useability, merchantability or fitness for purpose of the Services for any purpose;
  • (v) the quality, accuracy, currency, correctness, reliability, useability, merchantability or fitness for purpose of Content provided by others and accessed from the Services using links or connections to their websites or distribution services;
  • (vi) that the Services are correct, complete, free from errors or defects;
  • (vii) that the information and functions contained in the Services will meet your requirements;
  • (viii) that the Services will operate on the computer equipment or devices selected by you;
  • (ix) that there will be no errors in the Services or that we will fix any errors.
• (c) We recommend you exercise your own skill and care with respect to your use of the Services and carefully evaluate the accuracy,currency, completeness and relevance of the Content for your purposes.
• (d) The Services are not a substitute for independent professional advice. If necessary, you should obtain appropriate professional advice relevant to your particular circumstances.

9. Intellectual Property Rights

• (a) The Services and all Intellectual Property Rights in the Services are owned by us or our licensors (as applicable).
• (b) Except as set out in these terms and conditions, you are not granted any rights in or to our Intellectual Property Rights or the rights of our licensors.

10. Third-party links

• (a) The Services may contain links to websites operated, controlled or produced by third parties (Third Party Products).
• (b) We do not control, endorse, sponsor or approve any such Third Party Products or their content nor do we provide any warranty or take any responsibility whatsoever for any aspect of those Third Party Products or their content.
• (c) We are not liable for any harm or damages related the purchase of goods, services, resources, content, or any other transactions made in connection with any Third Party Products.
• (d) Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction.
• (e) Complaints, claims, concerns or questions regarding Third Party Products should be directed to the third party.

11. Terminating your licence to use the Website

No amounts are payable by us to you, including any loss incurred by you as a result of the termination of your use of the Website pursuant to clause 5 or otherwise in accordance with the Terms.

12. Privacy

When using and interacting with the Website any Personal Information that you provide us will be dealt with in accordance with our personal information policy. A copy of our policy is available via this link: https://www.tas.gov.au/stds/pip.htm

13. Governing law and jurisdiction

These Terms are governed by the law of Tasmania, Australia. The parties submit to the jurisdiction of the courts of Tasmania, Australia.

14. Defined terms

In these terms and conditions, unless the context otherwise requires:

Authority includes each:

• (a) Council; and
• (b) Other Subscriber.

Content includes things you may see, read, hear, download or access on or via the Services (including but not limited to messages, files, data, software, images, photographs, illustrations, plans, text and other material on or available through the Services) and includes Third Party Content.

Council means a council established under section 18 of the Local Government Act 1993 (Tas).

Department means the Department of Justice. The expression includes any department which substantially succeeds to the functions of the Department which relates to these terms and conditions.

Harmful Code includes any computer program or virus or other code that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial of service, unauthorised access to or disclosure, destruction or corruption of information or data.

Intellectual Property Rights includes all copyright, trademark, design, patents, semiconductor or circuit layout rights and other proprietary rights, any rights to registration of such rights existing anywhere in the world, regardless of when created.

Law means:

• (a) principles of law or equity established by decisions of courts;
• (b) legislation and subordinate legislation; and
• (c) requirements, approvals (including conditions) and guidelines of any Government Body that have force of law.

Other Subscriber means any third party who has entered into a subscription or other agreement with us to use the Portal to transact with end users.

Personal Information has the meaning given in the PIP Act.

PIP Act means the Personal Information Protection Act 2004 (Tas).

Portal means the PlanBuild Tasmania portal available from www.portal.planbuild.tas.gov.au.

Posted includes uploaded, posted, emailed or otherwise electronically transmitted.

Services means the Portal and the Website and includes the Content.

Terms means these terms and conditions (as amended or updated by us from time to time).

Third Party Content - refer clause 6(c).

Third Party Products - refer clause 10.

Third Party Terms - refer clause 18(b).

User Account - refer clause 17(a).

we, our and us means the Crown in Right of Tasmania represented by the Department.

Website means the PlanBuild Tasmania website available from www.planbuild.tas.gov.au. you and your means you as the user of the website and (where applicable) includes you as the holder of a User Account.

Your Content - refer clause 19.

15. Interpretation

Unless it is expressly stated that a different rule of interpretation will apply:

• (a) (currency) all currency amounts are in Australian dollars;
• (b) (headings) headings are provided for convenience and do not affect the interpretation of these terms and conditions;
• (c) (includes) 'include', 'includes' and 'including' must be read as if followed by the words 'without limitation';
• (d) (corresponding meaning) if a word or phrase is defined its other grammatical forms have corresponding meanings;
• (e) (law) a reference to any legislation includes any consolidation, amendment, re-enactment or replacement of legislation;
• (f) (construction) no rule of construction will apply to a provision of a document or these terms and conditions to the disadvantage of a party merely because that party drafted the provision or would otherwise benefit from it;
• (g) (time) a reference to a time or date in connection with the performance of an obligation, is reference to a time or date in Hobart, Tasmania, Australia, even if the obligation is to be performed elsewhere;
• (h) (severability) if any part of these terms and conditions is invalid, unlawful or unenforceable, the invalid, unlawful or unenforceable part of these terms and conditions will not apply but the other parts of these terms and conditions will not be affected.

Part B: Portal Provisions

16. Personal Information consent

• (a) Personal Information, which you provide when setting up your User Account including your name, address, email address and telephone number will be kept, used and disclosed by us in accordance with our privacy policy for the purpose of establishing your User Account, auto-populating forms, processing and transmitting Your Content to the relevant Authority. Without this information, we will not be able to facilitate you transacting with a relevant Authority. A copy of our privacy policy is available via this link: https://www.tas.gov.au/stds/pip.htm.
• (b) By using the Portal in any manner, you consent to us sharing your Personal Information with the relevant Authority. If you do not consent to the sharing of your Personal Information with the relevant Authority you must not access or use the Portal.
• (c) We will also share your Personal Information as otherwise expressly consented to by you in the Portal.
• (d) You must not share any Personal Information about any person using the Portal unless you have their permission to do so. You warrant to us that prior to sharing any Personal Information about a person you have obtained their permission to do so and made them aware of the Terms, and in particular how their Personal Information may be used by us.

17. Creating a User Account

• (a) In order to use the Portal to transact with a relevant Authority you will be required to have a Portal user account created on the Website (User Account). Follow the process described on the Website. This may include you providing your name, email address, contact telephone number and/or any other information which is required during the account creation process depending on the type of user account you are creating or otherwise requested by us.
• (b) You must provide us with true, accurate and complete information when creating a User Account and must maintain and promptly update or change that information from time to time as required.
• (c) You are solely responsible for keeping your password and any other details relating to your User Account safe and confidential. If you believe that anybody has gained unauthorised access to your User Account you should change your password immediately.
• (d) By creating a User Account, you are fully responsible for all activities that occur under your account.
• (e) We will assume any communications we receive under your User Account have been made by you.
• (f) You must not use a User Account to impersonate any person or otherwise misrepresent your identity.
• (g) We reserve the right to terminate your User Account with immediate effect at any time.

18. Third Party Terms

• (a) The Portal operates as a mail system between you and a relevant Authority. Your correspondence or dealings with that Authority are solely between you and that Authority.
• (b) That Authority may have their own terms and conditions of use, privacy policy and other relevant legal documentation that govern your transaction with them (Third Party Terms).
• (c) We are not responsible for the Third Party Terms.
• (d) You need to understand the Third Party Terms as they may be legally binding on you.
• (e) If you have any queries regarding any Third Party Terms you need to contact the relevant Authority.

19. Your Content

• (a) Content Posted by you using your User Account will be transmitted by us to the Authority nominated by you (Your Content).
• (b) If you become aware that any of Your Content is incorrect, false or misleading etc. or may breach a relevant Law, you must advise the receiver of that content as soon as possible.
• (c) You agree to be solely responsible for any Content Posted by you. You warrant and represent that any Content Posted by you will not breach the Terms.

20. Fee and charges

• (a) For certain transactions you will be required to pay a fee or a charge.
• (b) An Authority is responsible for setting the amount of a fee or a charge.
• (c) If you have any queries regarding a fee or a charge you will need to contact the relevant Authority.

21. Payment

• (a) Payment via the Portal is accepted through the following third party payment gateways:
  • (i) BPAY;
  • (ii) Westpac PayWay. (each a Payment Gateway).
• (b) When you make a payment using a Payment Gateway you will need to agree to and will be bound by the applicable terms and conditions of use, privacy policy and other relevant legal documentation in respect of that Payment Gateway.
• (c) Payments made using a Payment Gateway are limited to $100,000.00 per transaction.
• (d) To make a payment over $100,000.00 you will need to contact the relevant Authority.

22. Refunds

• (a) If you are seeking a refund of payment made via the Portal you will need to contact the relevant Authority.
• (b) The relevant Authority is responsible for determining if a refund will be made and the amount of a refund.
• (c) We will process any refunds within a reasonable time of receiving instructions from the relevant Authority.
• (d) Refunds will be processed in accordance with the instructions we receive from the relevant Authority.
• (e) We will not be liable to you for any delay in you receiving a refund.
• (f) If you have any queries or concerns regarding your refund you will need to contact the relevant Authority.

23. Consent to information being given by means of electronic communications

In creating your User Account you give your consent for the purposes of the Electronic Transaction Act 2000 (Tas) to the service of notices and provision of information being given by us by means of an electronic communication using the email address registered against your User Account.