Terms of Trade

These Terms of Trade ("Terms") govern the use of Planna's website, reports, and services provided by Planna Pty Ltd ("we", "us", "our"). By purchasing a report, subscribing, or accessing our services, you agree to 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 use client-provided information and are prepared to the best of our knowledge and understanding of relevant planning policies.
The scope excludes representation to council, submission services, or discretionary design alterations unless explicitly agreed and or specified by council.
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.
Report delivery timeframes (e.g. 42–72 hours) are provided as guidelines, subject to receipt of complete and accurate client inputs.
The accuracy of Planna’s reports depends on the data provided by the client. Planna is not liable for any delays, inaccuracies, or rejections arising from incorrect, incomplete, or misleading information submitted by the client.

3. DIRECTORY & THIRD-PARTY REFERRALS

Planna may refer clients to third-party consultants or services on a referral basis.
Planna is not liable for work done by referred providers.

4. 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.

5. REVISIONS POLICY & VARIATIONS

Planna offers unlimited revisions only when amendments are directly requested in writing by the council. Requests for discretionary changes or subjective revisions are not covered under the revisions policy.
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.

6. FEES AND PAYMENT

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

7. 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.

8. INTELLECTUAL PROPERTY

We retain ownership of all intellectual property in our platform, Services, Deliverables, and related materials.
Planna retains ownership of templates, tools, and any proprietary technology used to generate reports.
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.

9. 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

10. REFUNDS & MONEY BACK GUARANTEE

A full refund can be issued only when a council formally rejects a planning report after reasonable amendments due to non-compliance. Written evidence of rejection from the council needs to be provided within 30 days. Refunds are not provided for change-of-mind or project scope adjustments outside of Planna’s control.

11. TERMINATION

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

12. 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.

13. 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 5 PM 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.