In these terms and conditions (Terms), “PlanM”, “we” “us” and “our” refers to First Point Planning Pty Ltd trading as PlanM Support ABN 97 649 028 982. These terms and conditions of use (Site Terms) apply to your use of this website (Site) and do not alter in any way the terms or conditions of any other agreement we may have entered or you may have entered with us.
By visiting or using the Site, you agree to be bound by the Site Terms and by all terms, policies and guidelines incorporated by reference. Please read these Site Terms carefully. If you do not agree to all of these terms, do not use the Site. By using this Site, you represent and warrant that you are over the age of 18 or the majority age in the country in which you live and are lawfully able to accept these Site Terms and enter into this agreement or have the consent of a parent or guardian.
Ownership of the Site and its Contents
The Site and its contents are owned by PlanM. Unless otherwise indicated, PlanM owns or has a licence to use all of the content featured or displayed on the Site, including, but not limited to, text, graphics, artworks and images (Site Content). All elements of the Site, including the Site Content, are protected by laws relating to the protection of intellectual property such as copyright and trade mark.
Access to the Site
PlanM tries to ensure that all aspects of the Site are available at all times. However, PlanM will not be liable if for any reason the Site or any part of it is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Use of the Site
You must only use this Site or the Site Content for the purpose of doing business with us, including evaluating and ordering our products or services. You may download a copy of the information on this Site to your computer or personal mobile device for your personal use but you must not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of the Site Content in any other way infringes PlanM’s intellectual property rights.
You are specifically prohibited from: (a) using any data mining, robots or similar data gathering or extraction methods; and (b) manipulating or otherwise displaying the Site or the Site Content by using framing or similar navigational technology.
You must comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from Australia or the country from which you are accessing this Site.
Intellectual Property Rights
PlanM is the owner or licensee of registered and unregistered trade marks used in relation to our business on the Site. You must not copy, imitate or use, in whole or in part, any of our trade marks without our prior written permission. In addition, PlanM owns the look and feel of the Site and you must not be copy, imitate or use it, in whole or in part, without our prior written permission. All other trade marks, product names and company names or logos used on the Site are the property of their respective owners. Our reference to any third party’s products or services is not an endorsement, sponsorship or recommendation of its products or services.
Copyright takedown policy: PlanM may, in appropriate circumstances and at PlanM’s sole discretion, terminate your right to access the Site if you infringe the intellectual property rights of PlanM or any third party.
If you believe that any content on the Site infringes your intellectual property rights, please send an email to us at firstname.lastname@example.org and include details of the intellectual property rights involved, confirmation that you are the owner of the intellectual property rights and information on how you claim your rights have been infringed. If the claim is made against a third party who has used the Site, we may give notice of a claim of copyright infringement by means of a general notice on the Site or electronic mail to that user’s e-mail address.
You must not use our trade marks or other proprietary graphics to link to this Site without our express written permission. You may not frame any of our trade marks, logos or other proprietary information, including the Site Content, without our express written permission.
This Site may contain links to third party sites which are not under PlanM’s control and PlanM has no responsibility for the content of these sites. PlanM makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by link from the Site, or websites linking to the Site. Links to other sites are provided for convenience only, and do not imply any affiliation, endorsement or adoption by PlanM of the products or services offered by the site.
If you use a link on this Site and navigate to another website, you should review the applicable terms and policies, including privacy and data gathering practices, of that website. You agree that PlanM is not responsible or liable for any loss, damage or other matters of any sort incurred as the result of your dealings with third parties via their websites.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (Registration Data); (b) maintain and promptly update the Registration Data, and any other information you provide to PlanM, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify us immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide to us.
PlanM welcomes feedback from users of the Site. You agree that we may reproduce, distribute, transmit, adapt, alter or modify, and publicly display any feedback you give on the Site or our social media accounts. PlanM is not liable for any loss, damage or injury arising from, directly or indirectly, the reproduction or use of your feedback.
You agree to defend, indemnify and hold harmless PlanM, its affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal costs) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, use of or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of the Site Content, or your violation of any rights of another.
PlanM uses reasonable efforts to ensure the accuracy, correctness and reliability of the Site Content, but we make no representations or warranties as to the Site Content’s accuracy, correctness or reliability.
To the maximum extent permitted by applicable law, the Site and the Site Content are provided “as is” without guarantee or warranty, express or implied, of any kind including but not limited to guarantees or warranties of acceptable quality or fitness for a particular purpose or non-infringement. You agree that the functions embodied on or in the materials of the Site are not warranted to be uninterrupted or without error or that defects will be corrected. We make no warranty that the Site or the Site Content are free from infection by viruses or anything else that has contaminating or destructive properties.
Limitation of Liability
To the extent that PlanM can limit the user’s remedy for breach, then PlanM’s liability is limited to: in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
To the maximum extent permitted by applicable law, in no event shall PlanM and its directors, employees, content providers, agents and affiliates be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the Site, the services or products, the Site Content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from PlanM, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to PlanM’s records, programs or services.
To the maximum extent permitted by applicable law, in no event shall the aggregate liability of PlanM, whether in contract, guarantee, warranty, tort (including negligence), product liability, strict liability or otherwise, arising out of or relating to the use of the Site exceed the fees you pay, if any, to PlanM for access to or use of the site.
Notwithstanding any of these Site Terms, PlanM reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site. On termination you must destroy all materials obtained from the Site and any and all other PlanM sites including copies of those materials.
Changes to Site Terms
PlanM reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by PlanM.
The Site Terms are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
If part or all of any of the Site Terms is illegal or unenforceable it will be severed from the Site Terms and will not affect the continued operation of the remaining provisions of the Site Terms.
The failure of either party to enforce, or the delay by either party in enforcing, any of its rights shall not be deemed a continuing waiver or a modification of this agreement.
Questions and Contact Information
Questions or comments about the Site or Site Terms may be directed to PlanM at email@example.com.
Last update: 15 September 2022