Terms of Use

“You” and “Your” shall mean the Client detailed on the relevant form or otherwise using the Services. All Services are supplied by PLANOURS, ABN 18110055129 (“Our”, “Us”, “We”). Your use of our Services, as defined below, is conditional upon your acceptance of these Terms of Use (“Terms”). Your continued use of the Services after any changes to the Terms shall constitute your consent to be bound by such changes.

1. Service. Service shall mean any product or service provided by us, including but not limited to our product, any of our websites, manuals, FAQs, Support articles and all related collateral materials, logos, user interface, taglines, and goodwill, all of which are exclusively our property and collectively referred to as the “Service.”

2. Requirements. Requirements shall mean the Requirements notified to you from time to time which are subject to change without notice. The provision of the Services is subject to you meeting all Requirements.

3. Grant of Licence. You are granted a non-exclusive, limited and non-transferable licence to use and access the Services subject to payment of the Fee. You agree not to modify, reverse-engineer, reproduce, duplicate, copy, sell, resell, adapt, or exploit the Service without our express written permission. You agree not to use the Service for any unlawful, offensive, threatening, infringing, defamatory, pornographic, obscene, or other purpose violating anyone’s rights. You agree not to send, store, or upload any “spam” or any malicious code or virus of malicious or destructive nature.

4. Payment Arrangement. You agree to provide us with a valid credit card for payment of the Fees. By providing us your payment information, you expressly authorise us to charge you for all fees incurred in connection with your use of the Service.

5. Modifications to the Service and Prices. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. Products or Services. Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

7. Accuracy of Billing and Account Information. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

8. Return Policy. Due to the nature of digital products, we do not offer returns, refunds, exchanges and/or cancellations. All sales are final.

9. Third-Party Links. Certain content, products and Services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10. Errors, Inaccuracies and Omissions. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

11. Taxes. You shall be responsible for any and all taxes or any charges imposed by government entities.

12. Termination. We may terminate your Term if you breach any of your obligations under these Terms and such breach is not cured within 30 days of receipt of notice from us. Upon termination of your subscription, you shall immediately cease all use of the Services. You agree that upon the termination of your subscription, we may immediately deactivate your Services and may delete your account and data after thirty (30) days. We shall grant you access to the Services for ten (10) business days for the sole purpose of permitting you to retrieve your data.

13. Access and Security. Each user of Our Services requires a unique user ID and password. Any additional user must have his or her own unique user ID and password. You shall not share your ID with another person. You shall be responsible for the access, actions, use, and data uploaded to the Service. You shall be responsible for protecting the confidentiality of usernames and passwords to the Service, as well as maintaining the accuracy of the personal information provided to us. You shall be responsible for maintaining or implementing procedures and policies to prevent any unauthorised access or use of usernames and passwords and will notify us if a username or password has been lost, stolen, or compromised. You agree to immediately notify us of any unauthorised access or use.

14. Client’s Data. You retain all ownership of all data you upload, import, or generate. This includes (but not limited to) documents, contacts, and other entries into Our Services. You acknowledge and agree that we may need to access and view your data to assist with your questions, technical support requests, training or other issues. We will not access your data without your permission and will only access data which is reasonably necessary to address or complete your requests or issues. To the extent that you give us access to your data, we shall treat your data as confidential. We treat your data as confidential information and will not disclose any data or information to the extent allowed by law.

15. Response to Legal Process. We reserve the right to provide your data to third parties if required or compelled by law (court order or subpoena) and to comply with law enforcement authorities in an investigation of a criminal or civil matter. We shall provide you notice of the legal process, to the extent allowed by law.

16. Usage Data. Usage Data shall mean data related to the use or operation of the Services, such as anonymous usage related data and technical data collected in connection with the use of the Services. It does not include any of your data. We reserve the right to collect, aggregate, monitor, and use Usage Data to improve the functionality, performance, and aid in further development of the Service.

17. Disclaimer of Warranty. You acknowledge that use of the Service is at your own risk. We provide the Service as is without any express, implied or statutory warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will always function without disruptions, delays or imperfections. We make no warranty as to any results that may be obtained from the use of the Service.

We disclaim all warranties of any kind related to your hardware or software beyond the warranties provided by the manufacturer of your hardware or software.

18. Limitations of Liability. Neither we nor you shall be liable to the other for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business profits, loss of good will, loss of business opportunity, loss of data, work stoppage, computer failure or malfunction, or other pecuniary loss) whether under a theory of contract, warranty, tort, or otherwise, even if the other party has been notified of possible damages. In no event shall either party’s total aggregate and cumulative liability for any and all claims of any kind arising as a result of or related to the Service provided, exceed the sum of the subscription fees actually paid by you for a one-year period immediately preceding the date the cause of action arose.

19. Force Majeure. Neither party shall be responsible for any interruption, delay, or other failure to perform under these Terms due to acts beyond the control of the responsible party or the occurrence of a Force Majeure. Force Majeure shall mean events not reasonably foreseeable or otherwise caused by or under the control of the party claiming Force Majeure, including Acts of God, natural disasters (e.g. lightning, earthquakes, storms, floods) wars, riots, explosions, terrorism, vandalism, civil unrest, government elects, injunctions, failures of telecommunication providers or internet service providers; failure of third party suppliers, service providers, or vendors; and any other cause beyond the reasonable control of a party.

20. Severability. If any provision of these Terms is held to be invalid or unenforceable, the provision shall be modified and interpreted so as best to accomplish the objective of the original provision as permitted by law and the remaining provisions shall remain in full force and effect.

21. Choice of Law. These Terms and any dispute arising out of or in connection with these Terms shall be governed by and construed under the Laws of New South Wales, Australia and the Jurisdiction of the Sydney courts.

22. Notices. You agree that we may provide you any and all notices, statements, and other communications to you through email, regular post, or by a recognised commercial carrier addressed to the address listed on the Agreement. You are responsible for providing us with any changes or updates to your contact information.

23. Updates. We reserve the right to update, change, or amend these Terms. We will notify the Client of such changes [and the new Terms will be located on this page].