Terms of use and sale

1.1These terms are an agreement between you and CivicPilot Pty Ltd (ABN 30 850 761 612) of Sydney, New South Wales ("CivicPilot", "we", "us", "our").

1.2You accept these terms when you create an account, place an order, download or use the desktop application, or otherwise use the Service. If you accept on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" means that organisation and each person who uses the Service under its account.

1.3The Service is supplied for business purposes. You confirm that you use it in the course of a business, profession or investment activity, and not for personal, domestic or household purposes. Nothing in this clause limits any right you have under the Australian Consumer Law that cannot be excluded.

1.4If you have signed a separate written agreement with us (for example, an Enterprise agreement), that agreement prevails over these terms to the extent of any inconsistency.

2.1"Account" means your CivicPilot account and the credentials used to access it.

2.2"Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

2.3"Plan" means a Single report, Starter, Professional or Enterprise subscription, as described on our pricing page at the time of your order.

2.4"Report" means any Development Potential Score, verdict, dimension score, citation, envelope, yield, cost or feasibility figure, map, PDF brief or other output that the Service produces for an address or parcel.

2.5"Service" means the CivicPilot website, the CivicPilot desktop application and its updates, the Reports, and any related support we provide.

2.6"Source Data" means planning instruments, spatial layers, cadastre, address, map and other data published by governments, councils and third parties, which the Service reads to produce Reports.

2.7Headings are for convenience only. "Including" and similar words do not limit what comes before them. A reference to legislation includes that legislation as amended or replaced.

3.1The Service reads published Source Data for an Australian address or parcel and applies our scoring method to produce a Report. Each resolved planning control is cited to the instrument and clause it came from. Where a control cannot be resolved, the Service says so rather than guessing.

3.2A Report is indicative planning intelligence. It is a desktop screening tool, prepared without inspecting the land, without searching title, without consulting the council or any consent authority, and without the professional judgement of a planner, surveyor, valuer, quantity surveyor, engineer, ecologist or lawyer.

3.3A Report is produced by software. It reflects the Source Data and the method version stated in the Report on the date and time it was generated. Planning controls, maps and policies change, sometimes without notice, and Source Data can be incomplete, out of date or wrong.

3.4Some inputs are modelled rather than measured, including travel times, amenity, market and pipeline figures. The Report identifies which inputs are modelled.

4.1A Report is not, and must not be relied on as: (a) planning, legal, financial, tax or investment advice; (b) a valuation, a quantity surveyor’s estimate or a certified feasibility study; (c) a planning certificate under section 10.7 of the Environmental Planning and Assessment Act 1979 (NSW) or any equivalent certificate in another jurisdiction; or (d) a development consent, complying development certificate, approval or promise that any consent or approval will be granted.

4.2Before you acquire land, commit capital, lodge an application or make any other decision that relies on a Report, you must make your own enquiries and obtain independent professional advice. That includes checking every control against the current instrument, obtaining the relevant planning certificate, searching title, and consulting the council or consent authority.

4.3You are responsible for your decisions. You acknowledge that you have not relied on any statement by us that is not in these terms or in a Report, and that the Service is one input among many in a professional decision.

5.1You must give us accurate and complete information when you register and keep it up to date.

5.2You must keep your credentials confidential, and you are responsible for everything done under your Account. Each seat is for one named person. Seats may not be shared, but you may reassign a seat to another person in your organisation.

5.3Tell us promptly at security@civicpilot.com.au if you suspect any unauthorised access to your Account.

6.1Prices are in Australian dollars. The price shown at checkout is the price you pay, and every payment is confirmed with a receipt.

6.2Before you pay for a Single report, the Service confirms the address, jurisdiction, council and planning framework it will read. You should check these before you confirm your order.

6.3Payment is taken when you place an order or, for a subscription, at the start of each billing period. Payments are processed by our payment provider. We do not receive or store your full card number.

6.4If a payment fails, we may suspend the Service under your Account until the amount is paid. We will tell you before we do so.

6.5We may correct any obvious error in a price or description. If an error affects an order you have placed, we will tell you and you may cancel the order for a full refund.

7.1Starter and Professional Plans are billed monthly or yearly in advance, as you choose. A yearly Plan is charged at 12 months for the price of 11.

7.2Your subscription renews automatically at the end of each billing period at the then-current price unless you cancel before the renewal date. We will remind you by email at least seven days before a yearly Plan renews.

7.3Each Plan includes the seats and number of Reports per month shown on our pricing page when you subscribed. Unused Reports do not roll over. We will warn you before you reach your monthly limit, and you may move to a higher Plan at any time.

7.4A Report counts once for each address assessed. Opening, printing or re-downloading a Report you already have does not count again.

7.5You may cancel at any time from your Account. Cancellation takes effect at the end of the billing period you have paid for, and you keep access until then. Except as set out in clause 8 or where the law requires, we do not refund part-periods.

7.6We may change the price of a Plan by giving you at least 30 days’ notice. A change applies from your next billing period after the notice ends. If you do not agree, you may cancel before it takes effect.

8.1If we take payment for a Report and the Service cannot produce it, we will refund the full amount for that Report to your original payment method without you needing to ask. Refunds are usually processed within 5 business days of the failure.

8.2If a Report contains a material error caused by a defect in our software (for example, a figure that does not match the Source Data it cites), tell us within 30 days of the Report’s date. We will investigate and, if we confirm the defect, correct and reissue the Report or, at your option, refund the fee for it.

8.3A change in Source Data after a Report was generated, or a modelled input that turns out to differ from a later measurement, is not a defect.

8.4We do not give refunds for change of mind. This clause does not limit any right you have under the Australian Consumer Law.

9.1Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, that the Australian Consumer Law or any other law implies and that cannot lawfully be excluded or limited.

9.2Where a guarantee applies to services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and the law permits us to limit our liability, our liability for a failure to comply with the guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

10.1Subject to these terms and to your paying the applicable fees, we grant you a non-exclusive, non-transferable, revocable licence for the term of your Plan to install and use the desktop application on devices you control, and to use the Service for your internal business purposes.

10.2You may keep, print and share each Report you have paid for with your employees, directors, investment committee, financiers, co-investors and professional advisers, in each case for the purpose of evaluating the site it concerns. That licence to a Report you have paid for continues after your Plan ends.

10.3You must not: (a) sell, sublicense, publish or distribute Reports, or any substantial part of them, to the public or as part of a product or service you offer to others; (b) remove or alter any citation, date, document identifier, disclaimer or attribution in a Report; (c) present a Report as your own work or as certified advice; or (d) use Reports or any output of the Service to train, build or benchmark a competing product, model or dataset.

10.4Any Enterprise arrangement to white-label or redistribute Reports must be agreed with us in writing.

11.1You must use the Service lawfully and in good faith. You must not, and must not allow anyone else to: (a) copy, modify, decompile, disassemble or reverse engineer the Service, except to the extent the law expressly permits despite this restriction; (b) access the Service by scraping, bots, scripts or any automated means other than an interface we provide for that purpose; (c) circumvent any usage limit, seat restriction, security measure or technical protection; (d) overload, probe or interfere with the Service or with any government or third-party server it reads from; (e) introduce malware or any harmful code; (f) use the Service to infringe anyone’s rights, to mislead any person, or in breach of any law; or (g) resell access to the Service.

11.2We may investigate any suspected breach of this clause and may suspend access while we do so, acting reasonably and telling you promptly unless the law or a genuine security risk prevents it.

12.1Source Data is published by governments, councils and other third parties under their own licences and terms, which may include attribution requirements. Reports carry the attributions those licences require, and you must keep them when you share a Report.

12.2We do not control Source Data. We do not warrant that it is accurate, complete, current or continuously available. Government services are sometimes unavailable or restricted. Where that happens, the Service will tell you which source it could not read and what it used instead, and may mark the affected result as pending.

12.3The Service uses third-party services, including mapping and geocoding by Mapbox and map data from OpenStreetMap contributors. Your use of those features is also subject to the relevant provider’s terms.

13.1The desktop application runs on the operating systems we list on our website from time to time. You are responsible for keeping your device and operating system secure and up to date.

13.2Your saved sites (your portfolio) are stored on your own device. You are responsible for backing them up. If you uninstall the application or lose the device, we may not be able to recover them.

13.3We may release updates that fix defects, update Source Data connections or change the scoring method. Each Report states the application and method version that produced it. We may stop supporting older versions after giving reasonable notice.

14.1We and our licensors own all intellectual property rights in the Service, including the software, the scoring method and its weights, the Report format, our trade marks and our documentation. Except for the licence in clause 10, these terms do not transfer any of those rights to you.

14.2You own the information you enter into the Service, such as the addresses you look up and any notes you add. You grant us a licence to use that information to provide the Service to you and as described in our Privacy Policy.

14.3If you give us feedback or suggestions, we may use them without restriction or payment. We will not identify you as their source without your permission.

15.1The addresses and parcels you assess can reveal your acquisition strategy. We treat them as your confidential information. We will not disclose them to anyone except as needed to provide the Service (for example, sending a parcel’s coordinates to the relevant state planning service and to our geocoding provider), as described in our Privacy Policy, or as required by law.

15.2We will never use the sites you assess to acquire land, to advise anyone else about those sites, or to market to their owners.

15.3Non-public information we give you about the Service, including pricing under an Enterprise agreement, is our confidential information, and you must not disclose it except to your professional advisers.

16.1We aim to keep the Service available and working, but we do not promise that it will be uninterrupted, error-free or available at any particular time. We may carry out maintenance, which we will try to schedule outside Australian business hours.

16.2We may change, add or remove features, sources or methods to improve the Service, to respond to changes in Source Data or law, or for security. If a change materially reduces what a paid Plan includes, we will tell you at least 30 days in advance, and you may cancel and receive a pro-rata refund of any prepaid amount for the period after the change.

16.3Support is provided by email during Sydney business hours. Enterprise Plans may include a service level agreed in writing.

17.1Each party warrants that it has the power to enter into these terms.

17.2To the maximum extent permitted by law, and subject to clause 9, the Service and every Report are provided on an "as is" and "as available" basis, and we exclude all representations, warranties and conditions not expressly stated in these terms, including as to accuracy, completeness, fitness for a particular purpose and merchantability.

18.1Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded, including liability for fraud, or for death or personal injury caused by negligence.

18.2Subject to that, and to the maximum extent permitted by law: (a) neither party is liable to the other for any loss of profit, revenue, opportunity, anticipated savings, goodwill or data, or for any indirect or consequential loss, however caused, including loss arising from the acquisition or sale of land, the financing of a project, or the outcome of any planning application; and (b) our total aggregate liability arising out of or in connection with these terms or the Service, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total fees you paid us in the 12 months before the event giving rise to the claim.

18.3Our liability is reduced to the extent that you, a third party or Source Data outside our control caused or contributed to the loss, or that you failed to take reasonable steps, including the checks described in clause 4, to avoid or reduce it.

18.4The limits in clause 18.2 do not apply to your liability for breach of clauses 10, 11 or 15, or to amounts you owe us.

19.1You indemnify us against any loss, liability, cost or expense (including reasonable legal costs) arising from a claim by a third party to the extent it results from: (a) your breach of clause 10 or 11; or (b) your publication or supply of a Report, or of anything derived from it, to a third party in breach of these terms. This indemnity is reduced to the extent that the loss was caused by our own breach, negligence or wilful misconduct.

20.1You may stop using the Service and close your Account at any time.

20.2We may suspend or end your access to the Service by notice if: (a) you materially breach these terms and, where the breach can be remedied, do not remedy it within 14 days of our notice; (b) you do not pay an amount when due; (c) we reasonably believe your use is unlawful or poses a security risk; or (d) you become insolvent or enter any form of external administration, to the extent the law allows us to act on that ground.

20.3We may also end the Service for everyone, or for a Plan, by giving at least 60 days’ notice. If we do, we will refund any prepaid amount for the period after the Service ends.

20.4When your access ends, your licence to use the Service ends, but clause 10.2 continues for Reports you paid for. Clauses that by their nature should survive, including clauses 4, 9, 14, 15, 17, 18, 19, 23 and 24, survive the end of these terms.

21.1We are not liable for any failure or delay caused by an event beyond our reasonable control, including the unavailability or withdrawal of Source Data or government services, failure of internet, hosting or payment infrastructure, cyber attack, change in law, act of government, pandemic, fire, flood, storm, war, terrorism or industrial action. We will tell you promptly, take reasonable steps to limit the effect, and resume the Service as soon as we reasonably can. If the event prevents us from producing a Report you have paid for, clause 8.1 applies.

22.1We may update these terms from time to time. We will post the updated terms on our website with the date they take effect.

22.2If a change is materially adverse to you, we will give subscribers at least 30 days’ notice by email. The change will not apply to the billing period you have already paid for. If you do not agree, you may cancel before it takes effect and receive a pro-rata refund of any prepaid amount for the period after that date.

23.1If you have a complaint, please email hello@civicpilot.com.au first. Most issues are resolved quickly that way.

23.2A party with a dispute arising out of these terms must give the other a written notice describing it. Senior representatives of both parties must then try in good faith to resolve it within 20 business days.

23.3If the dispute is not resolved in that time, either party may refer it to mediation in Sydney administered by the Resolution Institute, with each party paying its own costs and half the mediator’s fees, before starting court proceedings.

23.4Nothing in this clause stops a party seeking urgent interim relief from a court, or stops you making a complaint to a regulator.

24.1These terms are governed by the law of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia, and the courts that may hear appeals from them.

25.1We may give you notices by email to the address on your Account or by a message in the Service. You may give us notices by email to hello@civicpilot.com.au. An email is taken to be received at the time it enters the recipient’s mail server, unless the sender receives an automated message that it was not delivered.

26.1These terms, our Privacy Policy and any order or written agreement that refers to them are the entire agreement between us about their subject matter.

26.2If any part of these terms is invalid, unenforceable or unfair under the law, it is severed or read down to the extent necessary, and the rest continues in effect.

26.3A failure or delay in exercising a right is not a waiver of it. You may not assign or transfer your rights under these terms without our consent. We may assign them to a successor to all or part of our business by giving you notice, provided the successor agrees to be bound by them.

26.4Nothing in these terms creates a partnership, joint venture, agency or employment relationship. Each party is responsible for its own costs of entering into these terms.

27.1CivicPilot Pty Ltd, ABN 30 850 761 612, Sydney NSW. Email hello@civicpilot.com.au.