TERMS & CONDITIONS
1. PURPOSE AND APPLICATION
The Website is owned and operated by VPRs. By accessing, using or subscribing to the Website, the User agrees to be bound by the terms and conditions set out in this Agreement.
2. GOVERNING LAW AND AUSTRALIAN CONSUMER LAW
2.1. This Agreement is governed by and construed in accordance with the laws of Victoria, Australia and the parties submit to the jurisdiction of the Victorian courts.
2.2. Nothing in this Agreement is intended to exclude, restrict or modify rights which the User has under any Law which cannot be excluded, restricted or modified.
2.3. If any provision of this Agreement is invalid under any Law, that provision is enforceable to the extent that it is not invalid, and if it is not possible to give the provision any effect at all, then it is to be severed from this Agreement and the remainder of this Agreement will continue to have full force and effect.
3. SUBSCRIPTION AND SUBSCRIPTION PRICE
3.1. Upon paying the Subscription Price, the User will receive:
3.1.1. a hardcopy of the Guide to Planning Appeals and the Guide to Planning Panels; and/or
3.1.2. an electronic copy of the Guide to Planning Appeals and the Guide to Planning Panels; and
3.1.3. access to all Publications provided on the Website.
3.2. The Subscription Price quoted on the Website may change from time to time. Unless otherwise agreed in writing, the Subscription Price will be the price stated on the Website at the time the User subscribes.
3.3. The Price is exclusive of postage , GST and all other taxes, duties or government charges, except to the extent that they are expressly included in the Subscription Price.
3.4. There is no right of set-off in respect of any claims against s.
4.1. Upon payment of the Subscription Price, the User is granted a non-exclusive, non-transferrable, non-assignable and non-sublicensable licence to access and use the Publications.
4.2. The User may access, store and print the Publications for personal use, but must not, in any form, copy, reproduce, modify, publish, distribute or sell the Publications.
5. USE OF THE WEBSITE
The User must not use any device, software, network, robot or any other form of spam to interfere with the Website or to attempt to gain unauthorised access to the Website.
6. INFORMATION DISCLAIMER
6.1. The User acknowledges that:
6.1.1. the use of the Website is at the User’s own risk;
6.1.2. the content in the Publications or on the Website does not constitute legal advice;
6.1.3. the accuracy or completeness of the content in the Publications and on the Website is not guaranteed; and
6.1.4. VPRs is not responsible for any Loss or damage that may be suffered by the User from reliance on any content in the Publications or on the Website.
7. CONTRIBUTION TO THE WEBSITE
7.1. As a part of the subscription to the Website, Users may contribute content to the Website provided that the content:
7.1.1. is lawful;
7.1.2. is not abusive;
7.1.3. does not contain any form of advertising; and
7.1.4. does not attempt to solicit opportunities for personal gain.
7.2. If the User contributes content to the Website in accordance with clause 7.1, the User agrees and acknowledges that:
7.2.1. the User grants VPRs an irrevocable, non-exclusive licence to use, reproduce, display, publish and distribute the content;
7.2.2. the User forgoes any Intellectual Property rights that may exist in the content; and
7.2.3. VPRs may remove the content in its sole discretion.
7.3. VPRs has no responsibility for ensuring that any content contributed by Users in accordance with clause 7.1 is accurate, complete or in accordance with the Law.
8.1. If the User cancels a subscription, VPRs will refund the portion of the Subscription Fee that represents the time left in the User’s subscription to the Website, but may, before doing so, deduct from the amount to be refunded, any reasonable costs VPRs has incurred due to the cancellation.
8.2. If VPRs has reason to believe that it will be unable to fulfil any of its obligations to the User within a reasonable time or at all due to circumstances beyond its reasonable control, VPRs may, without penalty, cancel the User’s subscription, in which case, VPRs will refund the User any amount of the Subscription Price which represents the time left in the User’s subscription to the Website.
9. DELIVERY AND RISK
9.1. If the subscription includes delivery of any hard copy Publications:
9.1.1. any time stated for delivery is an estimate only; and
9.1.2. risk of Loss and damage to the Publications passes to the User upon the Publications leaving VPRs’s Premises, whether or not VPRS arranges delivery.
10.1. VPRs warrants that the Services comply with the guarantees that apply compulsorily under the ACL.
10.2. To the extent permitted by Law, all other guarantees, warranties, undertakings, or representations expressed or implied, whether arising by statute or otherwise, which are not given in this Agreement, are expressly excluded.
10.3. If the User is not a Consumer, to the full extent permitted by Law:
10.3.1. VPRs will not be liable in any circumstances for any Loss or damage (including Consequential Loss) to the User or any property or person whatsoever arising out of or connected with:
10.3.1.1. this Agreement,
10.3.1.2. the provision of the Services; or
10.3.1.3. the delay in delivery or non-delivery of any hardcopy Publications forming part of the User’s subscription; and
10.3.2. the User shall indemnify VPRs against any claims arising out of, or connected with, the items listed in clause 10.3.1.
11. FORCE MAJEURE
11.1. Neither party will be liable for any delay or failure in the performance of an obligation or the exercise of a right under this Agreement that is caused by a Force Majeure Event.
11.2. Nothing in this clause excuses payment of any money due or which becomes due under this Agreement.
12. INTELLECTUAL PROPERTY
12.1. Except as provided for in clause 4.1, nothing contained in this Agreement is to be construed as granting any interest in the Intellectual Property contained on the Website, including in the Publications.
12.2. VPRs owns or uses under licence, all Intellectual Property on the Website and in the Publications.
12.3. The User agrees that the User will not remove any proprietary notice or credits contained on the Website or in the Publications.
13. THIRD PARTY CONTENT
13.1. The User agrees and acknowledges that:
13.1.1. any links on the Website to third party websites are used at the User’s own discretion;
13.1.2. VPRs does not sponsor or endorse any external websites;
13.1.3. VPRs is not responsible for the content or reliability of any linked website;
13.1.4. VPRs does not guarantee that these links will work or be free from viruses; and
13.1.5. VPRs has no responsibility for ensuring any advertising content on the Website is accurate, complete or in accordance with the Law.
14. LIMITATION OF LIABILITY
VPRs is not responsible for any Loss, injury, damage or claim arising from the User’s use of the Website or reliance on the content in the Publications.
15.1. The User agrees that it fully indemnifies VPRs and holds VPRs harmless against any expenses, costs, Loss (including Consequential Loss) or damage that the User may suffer or incur as a result of or in connection with:
15.2. the use of the Website;
15.3. the reliance on the content in the Publications or on the Website; or
15.4. any breach by the User of this Agreement.
16. BREACH OF THIS AGREEMENT
16.1. If the User breaches any clause in this Agreement, VPRs may:
16.1.1. suspend access to the Website; or
16.1.2. prohibit further subscriptions.
17.1. This Agreement may be amended from time to time by VPRs.
17.2. The User may, without penalty, cancel a current subscription if it does not accept any amendment made pursuant to clause 17.1, in which case, VPRs will refund the User any amount of the Subscription Price that represents the time left in the User’s subscription to the Website.
17.3. If the User fails to cancel its subscription within 7 days of receipt of notification of amendment under clause 17.1, the User will be deemed to have accepted the amended Agreement, which will apply to the subscription.
18.1. VPRs complies with the Privacy Act 1988 (Cth) and is bound by the Australian Privacy Principles dealing with the collection, use and storage of Personal Information and Sensitive Information.
19.1. If a dispute arises under this Agreement, the party claiming that a dispute has arisen must give notice to the other party specifying the nature of the dispute.
19.2. Once a notice is given in accordance with clause 19.1, the parties will attempt to negotiate a resolution in good faith.
19.3. If a dispute persists for more than 14 days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre. The costs of mediation will be shared by the parties equally.
19.4. Save for seeking urgent interlocutory or injunctive relief, neither party may issue court proceedings in relation to a dispute arising in connection with this Agreement until resolution by mediation has been attempted.
A single or partial exercise or waiver of a right relating to this Agreement will not prevent any other exercise of that right or another right.
Unless otherwise inconsistent with the context:
ACL means The Australian Consumer Law, set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
Agreement means this agreement between VPRs and the User;
Australian Privacy Principals, Personal Information and Sensitive Information have the meaning prescribed to them in the Privacy Act 1988 (Cth);
Consequential Loss means loss of revenue, profits or business opportunity and any form of consequential, special, indirect, punitive or exemplary loss or damages;
Consumer has the meaning prescribed to it in the ACL;
Guide to Planning Appeals and the Guide to Planning Panels means the publications titled as such;
Force Majeure Event means a circumstance which is beyond the reasonable control of the effected party;
Publications means publications provided by the User as a part of the User’s subscription;
GST has the meaning prescribed to it in the A New Tax System (Publications and Services Tax) Act 1999 (Cth) (as amended);
Intellectual Property means all rights resulting from intellectual activity and includes copyright, inventions, patent rights, registered and unregistered trademarks, design rights, circuit layouts and all rights and interests of a like nature, including but not limited to methods and techniques, together with any documentation relating to such rights and interests;
Law means any relevant federal, state or local statute, ordinance, rule, regulation or standard, and includes the ACL, as amended from time to time;
Loss means any liability, including any loss, claim, damage, demand, injury or death, and any penalty imposed by a statutory or other authority;
Services means providing access to the Publications;
Subscription Price means the price specified on the Website for access to the Publications;
Publications means the publications on the Website or otherwise provided to the User, including the Guide to Planning Appeals and the Guide to Planning Panels;
VPRS means Victorian Planning Reports Pty Ltd ACN 116 625 640 and any associated entities;
VPRSS’ Premises means the location that any hardcopy Publications are delivered from;
User means a person or entity that uses the Website;
Website means https://www.VPRs.com.au/;