1.1 If you choose to use www.planapprovals.com (the “Site”), ECL Technology Group Pty Ltd (trading as All Plan Approvals) mobile sites and applications, any of the features of this site, including but not limited to RSS, software and other downloads (collectively, the “ECL Technology Group Pty Ltd” trading as All Plan Approvals), you will be agreeing to abide by all of these Terms and Conditions between you and ECL Technology Group Pty Ltd (“ECL TECH”, “us” or “we”).

1.2 We may change, add or remove portions of these Terms and Conditions and Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms and Conditions and the Terms of Service prior to engaging our Services and prior to each use of the Site. By continuing to use this Site, you agree to any changes.

1.3 IF ANY OF THESE RULES OR ANY CHANGES ARE UNACCEPTABLE TO YOU, LEAVE THE SITE IMMEDIATELY. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, INDICATE YOUR ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

1.4 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Services feature or content. We may also limit features or services or restrict access to parts or all of the Services without notice or liability.

Trademark and Copyright

ECL Technology Group Pty Ltd  (trading as All Plan Approvals) trademarks and logos (“Marks”) shown on this site are the property of ECL Technology Group Pty Ltd. Website users or any parties acting on their behalf are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites without the written permission of ECL Technology Group Pty Ltd.

You may not use technology to include any content from this site on any other website or publication without ECL Technology Group Pty Ltd express written consent. Further, you may not utilize site content in any meta tags or any other techniques or technologies without ECL Technology Group Pty Ltd express written consent. All content on this site, including images, diagrams and photographs, is protected by copyright, trademark and other applicable Australian and International laws.

Claims of Intellectual Property Infringement

ECL Technology Group Pty Ltd (trading as All Plan Approvals) respects the intellectual property of others, and we request our clients and website users to do the same. ECL Technology Group Pty Ltd policy prohibits the infringement of the intellectual property of any third party. If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have been violated, please notify us with a description of the copyrighted work or other intellectual property that you claim has been infringed, your name, address, telephone number and email address.

ECL Technology Group Pty Ltd may be contacted:

By email: plans @ ecltec.com

ECL Technology Group Pty Ltd advise that they may update these terms and contact information without further notice.

ECL Technology Group Pty Ltd (trading as All Plan Approvals) shall be excused from these Terms and Conditions to the extent it is prevented or delayed from performing, in whole or in part, as a result of any event or series of events caused by or resulting from:
* weather conditions, elements of nature or acts of God
* acts of war, acts of terrorism, riot, civil disorders
* quarantines or embargoes
* labour strikes
* Force majeure events which are beyond our control, including pandemics or border control
* any cause beyond the reasonable control of ECL Technology Group Pty Ltd.

Website Links

You understand this site may contain links to other websites or resources that are operated by third parties not affiliated with ECL Technology Group Pty Ltd. ECL Technology Group Pty Ltd are not responsible or liable for any content, advertising, recommendations, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement by us of the content contained on linked sites or resources.

ECL Technology Group Pty Ltd is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

ECL Technology Group Pty Ltd is not responsible for any product or service purchased from any other website or other supplier at any time.

ECL Technology Group Pty Ltd is not responsible for any delays caused by incorrect, incomplete or non-compliant documents, plans or reports supplied by the customer.

DISCLAIMERS

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, ECL Technology Group Pty Ltd MAKES NO REPRESENTATIONS OR WARRANTIES AND OFFERS NO OTHER CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT ON THE SITE.

YOU AGREE YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS MADE AVAILABLE ON AN “AS IS” BASIS. IF YOU DO NOT AGREE THEN YOU WILL LEAVE THE SITE IMMEDIATELY. ECL Technology Group Pty Ltd RESERVE THE RIGHT TO AMEND THE SITE OR PART THEREOF AT ANY TIME.

ECL Technology Group Pty Ltd DO NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SITE WILL BE SECURE, THAT THE SITE OR THE SERVER WILL BE VIRUS-FREE OR THAT INFORMATION ON THE SITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE COMPLETE.

YOU ACCEPT THAT IF YOU DO DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.

Indemnities

You will indemnify and hold harmless ECL Technology Group Pty Ltd from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever arising out of your breach of these Website Terms.

Electronic Communications

This section describes the terms and conditions that govern your use of ECL Technology Group Pty Ltd (trading as All Plan Approvals) digital products, communications and service delivery.

You agree that your use of the site and contact by email to ECL Technology Group Pty Ltd (trading as All Plan Approvals) means you are communicating with us electronically.

You consent to receive electronic communications related to your use of this site. You agree that all agreements, notices, disclosures and other communications provided to you electronically meet any legal requirement that such communications be in writing.

All notices from ECL Technology Group Pty Ltd (trading as All Plan Approvals) intended for receipt by a client shall be deemed delivered and effective once sent to the email address provided to us or any other third party.

GENERAL RULES AND DEFINITIONS

Terms and Conditions of Service

  1. Definitions and Interpretation

In this Agreement, unless the context indicates the contrary:

‘Agreement’ means this agreement and the Proposal.

‘Customer’ means the customer (or any person acting on behalf of and with the authority of the Customer) as described on any quotation, work authorisation, Proposal or any other document as provided by the Supplier to the Customer.

‘Confidential Information’ means all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding:

  • information that enters the public domain or is disclosed to a party by a Third Party, other than through a breach of this Agreement, and
  • information developed independently by a party.

‘Disbursements’ means any costs, charges, expenses or liabilities incurred by the Supplier and owed to Third Parties in relation to the provision or delivery of the Services that are billable directly to the Customer.

‘Force Majeure Event’ means any event beyond the control of ECL Technology Group Pty Ltd (trading as All Plan Approvals).

‘GST’ has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth), or any other similar tax.

‘Intellectual Property Rights’ means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

‘Payment Schedule’ means the table outlining the due date for prepayment of the Service Fee, as outlined in the Proposal.

‘Proposal’ means the document titled ‘Proposal’ provided by the Supplier to the Customer in respect of the Services which forms part of this Agreement

Supplier means ECL Technology Group Pty Ltd (trading as All Plan Approvals).

‘Services’ means the services to be provided by the Supplier as outlined in the Proposal.

‘Service Fee’ means the amount detailed in the Proposal and set out in the Supplier’s tax invoices.

Third Party means an entity other than ECL Technology Group Pty Ltd (trading as All Plan Approvals) or its subsidiaries.

Unless the context requires otherwise:

  • a reference to a person includes a corporation or any other legal entity;
  • the singular includes the plural and vice versa;
  • headings are for convenience and do not form part of this Agreement or otherwise affect the interpretation of this Agreement;
  • the term “includes” (or any similar term) means “includes without limitation”; and
  • a reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.

Acceptance

    • Any instructions (whether written, oral or by conduct) received by the Supplier from the Customer for the provision of Services constitutes acceptance of the terms and conditions contained in this Agreement.
    • Where more than one (1) Customer has entered into this Agreement, the Customers shall be jointly and severally liable for all payments of the Service Fee and disbursements.
    • Upon acceptance of these terms and conditions by the Customer, the terms and conditions are binding and can only be amended with the written consent of the Supplier.
    • The Customer must give the Supplier not less than seven (7) days prior written notice of any proposed change of ownership of the Customer or any change in the Customer’s name and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s address, phone number, email address or business practice). The Customer shall be liable for any loss incurred by the Supplier as a result of the Customer’s failure to comply with this clause.
    • None of the Supplier’s agents, employees, contractors, sub-contractors or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the Supplier in writing and the Supplier is not bound by any such unauthorised statements.

Supplier Services

    • In consideration of the payment of the Service Fee, the Supplier will provide the Services to the Customer in accordance with this Agreement and the Proposal.
    • The Services to be provided to the Customer are detailed in the Proposal.
    • The Supplier may engage Third Party service providers in the provision of the Services pursuant to this Agreement and the Proposal.

Variation

    • If the Customer requires any changes to the scope and nature of the Services to be provided as outlined in the Proposal, which the Supplier advises requires additional time, material or resources to be provided by the Supplier, such changes will occur as follows:
      • the Customer will notify the Supplier of any changes it requires; and
      • following notification, the Supplier may (at its sole discretion) provide the Customer with notice of:
        • the changes required to the Proposal;
        • the additional services required by such changes; and
        • the additional Service Fees and Disbursements required to undertake such additional services.
      • If the Customer notifies the Supplier of any changes which it requires to the Services, the Proposal will be considered varied to include such changes as agreed by the parties if the Supplier agrees to the changes to the Proposal.
      • The Customer acknowledges and agrees that any changes to the Services or Proposal will incur additional fees.

Out Of Scope Works

Work required by customer that is outside the agreed Scope of Works shall require pre-payment at $120 hour (minimum two (2) hours). This may include sourcing or providing documents and information that is older than six (6) months on behalf of customer or their agent/representative for any reason other than to deliver agreed service into Council/PCA.

Customer’s Obligations

    • The Customer will provide all required material to assist the Supplier in the provision of the Services. All materials supplied by the Customer must be provided in a form suitable for incorporation into the Services without any modification by the Supplier.
    • If any person makes any claim alleging that the materials supplied by the Customer or any use of it by the Supplier in accordance with this Agreement, infringes any Intellectual Property Rights or any other right of any person, organisation, government body or company, the Customer hereby agrees to indemnify and hold harmless the Supplier from and against any such claim and from and against any loss (including reasonable legal fees) arising in connection with the claim.
    • The Customer acknowledges and agrees that it is solely the obligation of the Customer to:
      • warrant the authenticity, accuracy and completeness of the information and documents provided by the Customer to the Supplier in respect of the supply of the Services. The Supplier takes no responsibility for the accuracy and completeness of the information and documents provided by the Customer or the information and documents submitted to Third Parties as required to perform the provision of Services; and
      • accept responsibility for any delays caused by incomplete, inaccurate or unsupplied documents, plans and reports to be supplied by the Customer, to assist the Supplier with the provision of the Services.
      • make full and frank disclosures of all relevant facts and circumstances to the Supplier, to assist the Supplier with the provision of the Services.
      • accept full responsibility for any instructions (whether written, oral or by conduct) received by the Supplier from the Customer for the provision of Services.

Payment

    • The Customer must pay the Service Fee, Disbursements and any additional fees incurred under this Agreement in accordance with the Supplier’s tax invoice contained in the Proposal. Time for payment of the Service Fee shall be of the essence.
    • The Customer agrees to make payment of the Service Fee by cheque, bank cheque, direct debit or any other method as directed by the Supplier.
    • At the Supplier’s sole discretion, the Supplier may require the Customer to make a prepayment of the Service Fee as specified in the Proposal.
    • Without prejudice to any other remedies the Supplier may have, if the Customer has not paid the Service Fee within seven (7) days of the due date of payment in accordance with the Proposal, the Supplier may immediately without notice suspend or terminate the Services. The Supplier will not be liable to the Customer for any loss or damage the Customer suffers because the Supplier has exercised its rights under this clause.
    • Interest on overdue tax invoices shall accrue daily from the date when payment becomes due, until the date of payment at a rate of ten percent (10%) per annum (and at the Supplier’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
    • If the Customer defaults in payment of any invoice when due, the Customer agrees to indemnify the Supplier from and against all costs and disbursements incurred by the Supplier in pursuing the debt including legal costs on a solicitor and own client basis.
    • The Customer agrees that any credit information provided to the Supplier may be used and retained by the Supplier for the purpose of its services, daily operation of the Customer’s account, collecting amounts outstanding or obtaining a consumer credit report about the Customer.
    • Any fees paid by the Customer to the Supplier are non-refundable except as required by law and the Customer is responsible for providing complete and accurate billing and contact information to the Supplier.
    • The Supplier may revise the fees by providing the Customer at least thirty (30) days’ notice in writing.

GST

    • Unless otherwise stated, all amounts payable under this Agreement are expressed exclusive of GST.
    • In respect of any taxable supply, the Customer must pay to the Supplier an additional amount equal to the prevailing GST rate, payable at the same time and in the same manner as the Service Fee, if applicable.

Intellectual property

    • The parties acknowledge that future Intellectual Property Rights in the Services including the design and content provided under this Agreement will vest in the Supplier.
    • The parties acknowledge and agree that the Intellectual Property Rights in materials supplied to the Supplier will at all times remain the property of the Supplier.

Confidentiality

    • The Customer must not, without the prior written consent of the Supplier, use or disclose the Supplier’s Confidential Information unless expressly permitted by this Agreement or required to do so by law or any regulatory authority.
    • A party may:
      • use the Confidential Information of the other party solely for the purposes of complying with its obligations and exercising its rights under this Agreement; and
      • disclose the Confidential Information to its personnel or advisers to the extent necessary for them to know the information for purposes related to this Agreement, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.
    • Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party’s Confidential Information whilst it is in the receiving party’s possession or control.
    • Each party must return, or at the other party’s option destroy, all Confidential Information of the disclosing party in the receiving party’s possession or control, on the earlier of the Supplier’s request or on termination of this Agreement for any reason.
    • Notwithstanding this clause 9, the Supplier may disclose the Customer’s Confidential Information where the Customer is in breach of this Agreement, and/or any applicable laws and/or regulations.

Warranties

    • Each party warrants that:
      • the execution and delivery of this Agreement has been properly authorised;
      • it has full  power to execute, deliver and perform its obligations under this Agreement;
      • this Agreement constitutes a legal, valid and binding obligation of it enforceable in accordance with its terms by appropriate legal remedy;
      • this Agreement does not conflict with or result in the breach of or default under any provision of its constitution, or any material term or provision of any law or regulation to which it is a party or a subject or by which it is bound; and
      • there are no actions, claims, proceedings or investigations pending or threatened against it or by it of which it is aware, and which may have a material effect on the subject matter of this Agreement.
    • The Customer acknowledges and agrees that the Supplier makes no representation or warranty that:
      • the Services provided will be error-free and free from defects;
      • development and planning approvals will be granted by a Third Party;
      • the Services will render the results in accordance with any prior representations made, or specifications provided, by the Supplier to the Customer prior to the date of this Agreement; or
      • the Services will deliver the outcomes substantially in accordance with the Customer’s specifications.

Liability

    • To the full extent permitted by the Australian Consumer Law contained in Schedule 2 of Competition and Consumer Act 2010 (Cth), the Supplier excludes all liability in respect of interruption of business or any consequential or incidental damages (including due to negligence) incurred by the Customer in relation to the provision of Services.
    • Without limitation to clause 1 of this Agreement, the Customer acknowledges and agrees that the Supplier is not liable for the following:
      • Acts and/or omissions of a Third Party engaged by the Supplier to assist in the provision of Services which cause loss to the Customer;
      • Failure of development and planning approvals by a Third Party;
      • The imposition of conditional consent items or requests for additional information or reports by a Third Party;
      • Time delays in the provision of the Services;
      • Site conditions; and/or
      • Amendments to the approval process.
    • To the full extent permitted by law, the Supplier excludes all representations or terms (whether express or implied) other than those expressly set out in this Agreement.
    • If the Services supplied under this Agreement are supplied to the Customer as a ‘consumer’ of services within the meaning of that term in the Australian Consumer Law, the Supplier limits its liability in respect of all claims, at its option, to
      • the supply of the Services again; or
      • the payment of the cost of having the Services supplied again.
    • The Customer agrees that the Supplier’s total aggregate liability for all claims relating to this Agreement is limited to the $100.00.
    • The Customer agrees to indemnify the Supplier in relation to all claims, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from the Supplier’s failure to comply with this Agreement.
    • The Customer agrees that it will continually indemnify the Supplier against any cost, loss, liability, or damage that the Supplier incurs as a result of the Customer’s use of the Services.

Termination

    • A party may terminate this Agreement by written notice to the other if any of the following events has occurred in respect of the other party:
      • a material breach of this Agreement which is not remediable or if capable of remedy, where the other party fails to remedy within twenty one (21) days of written notice; or
      • an insolvency event occurs, other than an internal reconstruction with notice to the other party.

Consequences of Termination

    • If this Agreement is terminated or expires for any reason, then, in addition and without prejudice to any other rights or remedies available:
      • the parties are immediately released from their obligations under the Agreement except those obligations that, by their nature, survive termination;
      • the Customer must immediately pay all outstanding Service Fee.

Sub-contractors

    • The Supplier may appoint sub-contractors to perform the Services under this Agreement.

Security and Charge

    • Should the Supplier elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer agrees to indemnify the Supplier from and against all the Supplier’s costs and disbursements including legal costs on a solicitor and own client basis.
    • The Customer agrees to irrevocably nominate, constitute and appoint the Supplier or the Supplier’s nominee as the Customer’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

Notices

    • All notices must be in writing and can be given by:
      • ordinary post;
      • registered post;
      • electronic mail.

General provisions

    • The Customer must not assign or otherwise deal in any other way with any of its rights under this Agreement without the prior written consent of the Supplier.
    • Nothing contained in this Agreement creates any relationship of partnership or agency between the parties.
    • If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    • Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
    • This Agreement (and any documents executed in connection with it) is the entire Agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other.
    • This Agreement may be amended only by a document signed by all parties and in accordance with the terms of this Agreement..
    • A provision of or a right under this Agreement may not be waived or varied except in writing signed by the person to be bound.
    • This Agreement may be executed in counterparts which will be taken together to constitute one document.
    • ECL Technology Group Pty Ltd (trading as All Plan Approvals) will not be responsible for a failure to comply with its obligations under this Agreement to the extent that failure is caused by a Force Majeure Event.
    • Without limiting any other right to terminate under this Agreement, if a Force Majeure Event affects a party’s performance under this Agreement for more than thirty (30) consecutive days, ECL Technology Group Pty Ltd (trading as All Plan Approvals) may immediately terminate this Agreement by written notice.
    • All stamp duties and other government charges in relation to this Agreement must be paid by the Customer.
    • This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.