Planning Approvals Pathway Terms of ServicexmDgMo3gyk2021-03-08T16:27:35+11:00
EPM Projects Authorised User – Planning Approvals Pathway Terms of Service
These Terms of Service govern your access to and use of the Planning Approvals Pathway Service (“Service”). Please read them carefully. These Terms are legally binding and apply to you as a user of the Services. These Terms create a legal agreement directly between you and EPM Projects and explain the rules governing use of the Service.
We may, from time to time, modify these Terms. Please check this page periodically for updates. We will comply with applicable local legal obligations to provide you with notice of changes to these Terms. Your continued use of the Service after any such update constitutes your acceptance of such changes.
In these Terms, we, our and us currently refers to EPM Projects.
Account means a registered user account accessed via the Website.
Authorised User means a user who has and uses a registered Account to access the Service.
Customer means the School represented by the Authorised User and whose details you provide to us.
Customer Data means information provided about the Customer to us in using the Service.
Input Data means any data you provide in using the Service that is not Customer Data, such as third party or public information relevant to the Service.
Minimum Operating System means [Windows XP SP3, Windows 7 and Windows 8 operating systems or as otherwise notified by EPM Projects from time to time]
EPM Projects IP means the algorithm to provide an indicative development approval pathway.
Service means the provisional development pathway provided as a result of your Customer Data and Input Data, and our IP and the development management and project management services that are ordinarily provided by EPM to clients.
Terms means these terms of service.
User or you means Authorised Users and Customers collectively.
Website means https://esepp.net.au
2. Customer’s Choices and Instructions
2.1 You are an Authorised User for a Customer
An independent school that we refer to in these Terms as “Customer” has authorised you to provide data on their behalf.
2.2 What This Means for You—and for Us
You warrant and represent that the Customer has authorised you to create and configure the Service. When an Authorized User (including you) submits content or information to the Service on behalf of the Customer, such as Input Data or Customer Data, you acknowledge and agree that the Customer Data is owned by the Customer and that the Customer has consented to the disclosure of the Customer Data.
3. ACCOUNT REGISTRATION AND USE
3.1 Account Registration and Confidentiality
To access the Service you must register for an Account by creating a user name and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you.
3.2 Unauthorized Account Use
You are responsible for notifying us if you become aware of any unauthorized use of or access to your Account. EPM Projects will not be liable for any loss, damages, liability, expenses or legal fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization, and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses and legal fees incurred by EPM Projects, and by any third party, due to someone else using your Account.
3.3 Contacting you
EPM projects offers the Service with the support of Westpac and the law firm Johnson Winter & Slattery (Our Supporters).
By creating an account, you authorise us to contact you in relation to the Service, and you authorise Our Supporters to contact you in relation to services they can offer in relation to development projects.
4. The Relationship Between You, the Customer and Us
As between us and the Customer, you acknowledge and agree that it is solely the Customer’s responsibility to:
Provide permissions or consents to allow you and any Authorised Users to use the Customer Data for the Service; and
ensure that the transfer and processing of Customer Data is lawful.
EPM Projects makes no representations or warranties of any kind, whether express or implied, to you related to the Services, which are provided to you on an “as is” and “as available” basis. You and Customer are responsible for keeping copies of all Customer Data and any other data and reports obtained using the Service.
5.1 You Are Here At the Pleasure of Customer (and Us)
These Terms remain effective until your authorisation or access to the Service has been terminated by Customer or us. Please contact us if you at any time or for any reason wish to terminate your account, including due to a disagreement with any updates to these Terms.
6. Authorised Users
You warrant that your use of your account will be solely for the benefit of the Customer as authorised under clause 2.2 and for no other purpose.
7. Data, Intellectual Property & Confidentiality
By using the Service and providing the Customer Data and the Input Data each of you and the Customer grant to EPM Projects a royalty free, non-exclusive, non-transferrable license to use the Customer Data and the Input Data for the purpose of providing this Service.
EPM Projects will retain the Customer Data and Input Data for the purpose of providing the Service and for related analytics in enhancing the Service. You and Customer authorise EPM Projects to disclose the Customer Data and the Input Data you have provided to Our Supporters to assist them in offering to you their own services that may be of interest to you.
To the extent of the Service includes any report or other deliverables, EPM Projects grants to you a non-exclusive, non-transferrable, royalty free licence to use those deliverables for your own internal business purpose and to use them to consider options with EPM Projects.
EPM Projects expressly prohibits you sharing any deliverables with any third party service provider without our prior written consent.
8. Limitation of Liability
We exclude all liability for loss or damage in relation to the use of our Service:
Application of Consumer Law
EPM Projects is a Service for Schools and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws (e.g., in Australia, the Competition and Consumer Act 2010 (Cth)) do apply and cannot otherwise be lawfully excluded, nothing in these Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, or resupply of the Services or the pro-rata refund to Customer of any fees for your use of the Services.
Any deliverables provided to you as part of the Service contain information of a general nature only and cannot be relied upon without further advice specific to the Customer’s circumstances. The Customer is solely responsible for any decision made or not made as a result of the Services.
You indemnify us against any liability arising out of or in connection with:
any breach of any warranty;
any negligent, reckless or intentional act or omission or wilful misconduct;
the damage to or loss or destruction of any property;
personal injury, illness or death to any person; and
any breach of law,
arising out of or in connection with your obligations under these Terms and any claim, loss or liability arising out of or in connection with:
your use of the Service;
regarding the infringement or alleged infringement of Intellectual Property Rights of any person.
Sections 4, 6, 7, 8, 10 and 11 will survive any termination or expiration of the Terms.
11. General Provisions
11.1 Email and EPM Projects Messages
Except as otherwise noted, all notices under the Terms will be by email, although we may instead choose to provide notice to Authorised Users through the Service (e.g., a EPM Projects notification). Notices to EPM Projects should be sent to , except for legal notices, which must be sent to . A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Services.
As our business evolves, we may change these Terms. If we make a material change to the Terms, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of the Terms at any time by visiting this page.
The Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Terms will remain in effect.
You may not assign any of your rights or delegate your obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of us (not to be unreasonably withheld).
11.6 Governing Law
The Terms and any disputes arising out of or related them will be governed exclusively by the laws of New South Wales. The courts of New South Wales will have non-exclusive jurisdiction to adjudicate any dispute.
11.7 Entire Agreement
The Terms, including any terms incorporated by reference into the Terms, constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in these Terms and any pages referenced in these Terms, the terms of these Terms will first prevail.
Contacting EPM Projects
Please contact us if you have any questions about EPM Projects’s Terms of Service. You may contact us at .