Legal Information

Intellectual property:

Plan Tracker Pty Ltd is the registered or common law owner of the following trademark and all associated intellectual property rights.

No copying, modification or distribution of this mark is permitted without the prior consent of Plan Tracker Pty Ltd. Nothing on this website may be construed as granting to any user any licence whatsoever with respect to the intellectual property appearing on this website.

Plan Tracker Pty Ltd makes no representations or warranties that the use of this website or the information contained herein will not infringe any person’s intellectual property rights.

Use of this website:

The information in this website is supplied on condition that you will make your own determination as to the accuracy and usefulness of the information.

Plan Tracker Pty Ltd reserves the right to make any changes to the information contained in and the layout of this website, including changes to its services. Plan Tracker Pty Ltd will publish the amended website terms and conditions on the website.

Australian Consumer Law:

In this clause, “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of state and territory fair trading legislation and the terms “Consumer” and “Consumer Guarantees” have the meaning given to them in the Australian Consumer Law.

The Australian Consumer Law provides Consumers with a number of protections including the Consumer Guarantees that cannot be excluded, restricted or modified.   NOTHING IN THESE WEBSITE TERMS AND CONDITIONS HAS THE EFFECT OF EXCLUDING, RESTRICTING OR MODIFYING A CONSUMER’S RIGHTS UNDER THE AUSTRALIAN CONSUMER LAW OR ANY OTHER APPLICABLE STATUTORY RIGHTS THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED. However, where the Australian Consumer Law permits a supplier of goods or services to limit its liability for a failure to comply with a Consumer Guarantee, Plan Tracker Pty Ltd limits its liability under the ‘Disclaimers and limitation of liability’ section below.

Disclaimers and limitation of liability:

All implied terms, warranties, conditions and guarantees which otherwise might apply to or arise out of these website terms and conditions are excluded other than:

• those set out in these website terms and conditions; and
• any term, condition, guarantee or warranty which cannot lawfully be excluded or modified by agreement including those under the Australian Consumer Law (Non-Excludable Terms).

To the maximum extent permitted by law (but subject to the ‘Australian Consumer Law’ section above), if Plan Tracker Pty Ltd is liable for any loss or damage suffered or incurred by you (including for a breach of a Non-Excludable Term) which arises out of or in connection with these website terms and conditions, Plan Tracker Pty Ltd’s liability is limited (at its option, acting reasonably) to:

• the supplying of the services again; or
• the payment of the cost of having the services supplied again.

Where you suffer any loss or damage in connection with the use of these website terms and conditions, you must take all reasonable steps to minimise your loss, including notifying us without delay if there are steps we can take to help minimise your loss.

WITHOUT LIMITING YOUR RIGHTS AND OUR OBLIGATIONS UNDER THE AUSTRALIAN CONSUMER LAW AND OUR LIABILITY TO YOU IF WE BREACH ANY NON-EXCLUDABLE TERMS (WHICH ARE SUBJECT TO THE ‘AUSTRALIAN CONSUMER LAW’ AND ‘DISCLAIMERS AND LIMITATION OF LIABILITY’ SECTIONS ABOVE) Plan Tracker Pty Ltd:

• • will not be liable for any damages whatsoever (including special, indirect, consequential, or incidental damages or damages for loss of profits, revenue or loss of use) arising out of or relating to this website or the information contained therein or the services it offers whether such damages arise in contract, in tort, in equity, under statute, at law or otherwise; and
  • does not accept any liability for any delays, interruptions or errors of omissions (however occurring) in collecting, recording, processing, storing or disseminating information contained on this website.