By accessing or using ZoneIQ, you are agreeing to the Terms and Conditions of Use below. These terms apply to all users of the ZoneIQ platform, including the property workspace, planning map, project workflow, and any related subscription services.
Interpretation
In these Terms and Conditions of Use:
A reference to “ZoneIQ” or “ZoneIQ Services” means the services we provide on zoneiq.planzone.au and any subscription, software, code, scripts, applications, dashboards, services or any other intellectual property made available by PLANZONE Pty Ltd in connection with ZoneIQ.
“You” means a ZoneIQ customer and/or user, whether registered and verified or not, and any organisational entity you represent.
A reference to “Us”, “PLANZONE” or “PLANZONE Pty Ltd” means PLANZONE Pty Ltd.
A reference to “Data” means any information, data or other material accessible through ZoneIQ, including but not limited to property records, planning layers, geographic and spatial information, council contact information, and project records.
A reference to a “Dataset” means a particular sub-collection of Data.
A reference to “Relevant Data Licence” is a reference to the data source that outlines the terms and conditions for accessing, using and sharing data provided by that data source.
A reference to “login” means the method of logging into an online account or system that ensures the privacy and protection of the user’s login credentials and any other sensitive information associated with the account.
A reference to “Tiles” means map data that is loaded as a result of viewing map layers, including panning and zooming in/out on the map.
A reference to “TCU’s” means these Terms and Conditions of Use.
Access
An account may be required to access ZoneIQ. Access to some parts of ZoneIQ and datasets is restricted and can only be accessed via secure login. Accounts created allow access to ZoneIQ at PLANZONE’s discretion.
You are responsible for keeping your login details confidential and secure. You are responsible for the information and data you provide to ZoneIQ. You may only access ZoneIQ using your own personal login credentials. You must not share your account with anyone else. Please tell us if you suspect that the security of your account has been compromised, or if your account has been used by an unauthorised person or in an unauthorised way, by contacting us at hello+support@planzone.au.
All accounts must be associated with an individual unless express written permission of PLANZONE has been granted. Accounts for organisation-wide use of ZoneIQ may only be created and used with the express written permission of PLANZONE. If you are using ZoneIQ on behalf of an entity, you represent and warrant that you have authority to bind that entity to these TCU’s and all references to “you” in the TCU’s refer to that entity.
PLANZONE reserves the right to deny you or an entity you represent access to ZoneIQ if you do not comply with these TCU’s and retains the right to maintain further access restrictions in the future.
PLANZONE reserves the right to terminate access to ZoneIQ in our sole discretion, without prior notice or liability, if PLANZONE suspects unauthorised usage has been severely compromised or for any other reason PLANZONE deems reasonable to restrict or cease ZoneIQ.
Service Availability
It is impossible for PLANZONE to ensure that ZoneIQ is provided to you at all times or at any specific times or will be able to operate at all times error-free. The provision of this service is influenced by the availability of related computer systems and third-party data providers. PLANZONE makes no warranties in regard to the availability of services but all reasonable efforts will be made to provide the best possible service to you.
Notices regarding planned system outages will be made available on the ZoneIQ home page or application, or advertised on PLANZONE’s communication channels.
Dataset Licensing
ZoneIQ provides access to Datasets licensed under various licence types. Your use of all Datasets is restricted by both the Relevant Data Licence and these TCU’s. The Relevant Data Licence will prevail to the extent of any inconsistency between the terms of that Relevant Data Licence and these TCU’s.
If you use any Dataset provided by ZoneIQ, you are agreeing to that Relevant Data Licence including any restrictions on use, specific attribution requirements and other important conditions of that dataset. By accessing any such dataset, you acknowledge that you have read, understood and agree to be bound by the Relevant Data Licence, in addition to these TCU’s.
PLANZONE reserves the right to terminate access to ZoneIQ in our sole discretion, without prior notice or liability, if PLANZONE suspects non-compliance with data licensing.
Attribution
You must properly attribute Data in accordance with the requirements of the Dataset’s Relevant Data Licence.
In addition to the requirements of the Relevant Data Licence you must also include the attribution of PLANZONE as the location that you accessed the Dataset by referencing “ZoneIQ by PLANZONE”.
Ownership of Intellectual Property
ZoneIQ is owned by PLANZONE Pty Ltd. We assert our rights in ZoneIQ and to Data within it (other than data created by and sourced to a third party).
We grant you a worldwide, royalty free, non-exclusive, non-sublicensable, non-transferable and revocable licence to use ZoneIQ strictly in accordance with the Relevant Data Licence and these TCU’s.
You:
- cannot distribute, sell, incorporate in products or services or otherwise make the whole or part of ZoneIQ available for use by a third party for the purposes of generating any income or any other commercial purposes unless you acquire relevant written agreements from us;
- cannot use any automatic computerised mechanism, including any web scraper, spider or robot, to access, extract and/or download any information from ZoneIQ;
- cannot reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of ZoneIQ except to the extent you may be expressly permitted to decompile under applicable laws;
- cannot allow or permit ZoneIQ to be combined with or incorporated into other websites or software unless expressly made available under a licence issued by PLANZONE to you;
- cannot remove, alter, attempt to obstruct or interfere or otherwise render ineffective any aspect of ZoneIQ, including by removing or avoiding security features, attributions or legal terms that are notified to users as part of accessing or using ZoneIQ;
- must comply with any additional requirements for use of ZoneIQ notified by us to you from time to time; and
- must ensure that anyone who you authorise or permit to use ZoneIQ complies with these TCU’s.
Requirements for Your Users (your “End Users”)
You must ensure End Users of any product you develop utilising ZoneIQ or Data comply with the terms of the Relevant Data Licence, these TCU’s, any open-source software licence and any other terms of use or licence applicable to ensure your compliance with these TCU’s.
For the avoidance of doubt, if you provide Data to your End Users you must provide the terms of the Relevant Data Licence to your End Users.
Disclaimer
You agree and acknowledge that, to the extent permitted by law (including the Australian Consumer Law if applicable), we:
- do not represent or warrant that ZoneIQ are free from errors or omissions, or that they are exhaustive;
- do not represent, warrant or accept any liability in relation to the availability, reliability or quality of ZoneIQ; and
- disclaim any warranties, representations or endorsements, express or implied, with regard to ZoneIQ or the Data, including all implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Data ‘as is’
Data may be owned by PLANZONE or come from third party data providers. Third party data providers are responsible for their particular datasets. We do not warrant that Data is accurate, complete or up-to-date, or that its use will not infringe any third-party rights. Your use of Data is at your own risk. You should check the accuracy, completeness and currency of any dataset with the relevant data provider before relying on it. Please notify us if you think any Data is inaccurate, incomplete, unreliable or out of date.
ZoneIQ Map usage
ZoneIQ enables users to access detailed site information by selecting a location on the digital map (Site Activation) or loading digital map tiles (Tiles). Depending on your plan, Users may be allotted a monthly quota of Site Activations and Tiles, reset at the beginning of each calendar month.
Upon exceeding the monthly quota, access to ZoneIQ Map features may be restricted until the quota resets the following month, or until a paid subscription is activated. Quotas are subject to a fair usage policy. PLANZONE may monitor usage patterns and take appropriate action in cases of suspected misuse.
PLANZONE reserves the right to modify quotas and subscription package details and changes will be communicated through notifications by PLANZONE.
Indemnity
You indemnify PLANZONE against any claims, losses, damages, liabilities, costs or expenses that arise directly from a user’s breach or use of ZoneIQ, or where you breach these TCU’s.
External Websites
We sometimes provide links to external websites, including NSW planning and spatial data sources. We do not accept responsibility for, or endorse the content of, those sites.
You agree not to link to or promote any content on external websites that is illegal, harmful, or violates any applicable laws, regulations, or third-party rights. Any such activity may result in immediate suspension or termination of your account, without prior notice or liability. You further agree to indemnify and hold PLANZONE harmless from any claims, damages, or expenses arising from any such activity.
Privacy
The ways in which we collect, use, hold and disclose personal information are set out in our Privacy Policy.
Fair Usage
Users must not misuse ZoneIQ in a way that may negatively impact the experience of other users. Users are expected to use ZoneIQ responsibly and for legitimate purposes. Unauthorized activities, including but not limited to, attempts to gain unauthorised access, data mining, or any activity that may disrupt ZoneIQ’s functionality, are strictly prohibited. Users must not engage in activities that could harm the integrity or performance of ZoneIQ.
PLANZONE may monitor usage patterns to identify misuse. In cases of suspected misuse, PLANZONE reserves the right to take corrective actions, including temporary or permanent access restrictions.
Governing Law
Your access to and use of ZoneIQ is governed by the law of New South Wales and the Commonwealth of Australia and you agree to submit to the non-exclusive jurisdiction of the courts in that State and the Commonwealth.
Any dispute arising out of or in connection to ZoneIQ shall be resolved through binding arbitration administered by a neutral arbitrator selected by mutual agreement of the parties. The arbitration shall take place in Sydney, Australia, and the decision of the arbitrator shall be final and binding on both parties. Each party shall bear its own costs and expenses in connection with the arbitration unless otherwise determined by the arbitrator.
Modifications and Tier Reallocation
PLANZONE reserves the right to make changes to ZoneIQ, including but not limited to, reallocation, movement, and modification of features, data sets and functions between different subscription tiers. These changes are intended to optimise functionality, improve user experience, and ensure the most effective use of the platform.
ZoneIQ Subscription: User Agreement
Signing up to a ZoneIQ paid subscription bounds the user to the Terms and Conditions above and, where payments are required, executes this Agreement to govern the terms and conditions of the subscription services and premium features. By using ZoneIQ on our website, you agree to be bound by this section.
Data Ownership
You and/or the entity you represent retains all rights to the datasets and records stored in ZoneIQ and they remain confidential to you. You may disclose such datasets to third parties in a non-commercial manner provided that the third party agrees to keep them confidential and not use them for any other purpose. You grant PLANZONE a non-exclusive, royalty-free license to use, copy, store, and transmit the data solely for the purpose of providing the services to you.
Data Storage and Security
PLANZONE will use commercially reasonable security measures to store your data and information. A secure login process is provided for you to maintain and keep secure. In the event of a data breach, PLANZONE will promptly notify you and provide necessary information related to the breach. However, we do not guarantee the security of the datasets and you acknowledge that there is always a risk of unauthorised access.
Data Access and Sharing
You are solely responsible for managing your account and the users you invite to your organisation.
Data Usage Restrictions
You agree to use the data solely for lawful purposes and to comply with all applicable laws and regulations. You agree not to use the data for any illegal, fraudulent, inappropriate or malicious activities. Non-compliance may result in your account being terminated.
Data Retention and Deletion
You may request that your data be deleted from ZoneIQ at any time. We may retain a backup copy for a period as required by law or our standard backup procedures, generally up to 90 days.
Liability and Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from the use of ZoneIQ, including any claims arising from the use of the services by multiple users from the same organisation or by any third party that accessed your account.
Termination by PLANZONE
If you breach this Agreement, or engage in any conduct that we deem to be inappropriate or harmful to our business or reputation, we may terminate your subscription and account after giving notice to you. PLANZONE reserves the right to terminate your subscription and access to ZoneIQ in our sole discretion, without prior notice, in cases of gross misconduct or illegal activity.
Subscription Renewal
Access to ZoneIQ subscriptions will automatically renew for successive periods of the same duration (monthly or annually), unless the account is terminated by PLANZONE or you cancel the subscription.
You may cancel your subscription at any time by logging into your account and following the instructions provided on the website. Upon cancellation, you will retain access to the subscribed services until the end of the current billing cycle. You may write to us to request immediate cancellation and deletion of data associated with your account.
We do not offer pro-rata cash refunds for any unused portion of the subscription period. When downgrading from a higher tier to a lower tier, you may receive a pro-rata credit calculated based on the number of days until the end of the current billing cycle. You are responsible for paying the full subscription fee for the current billing cycle regardless of usage.
Payment Terms
You agree to pay the fee as advertised on the website for ZoneIQ. The fee will be billed monthly or annually in advance. You must provide a valid payment method to be charged each billing period. You authorise PLANZONE to charge the payment method on file for the amount due. You will receive a receipt by email after each billing period. The fee is non-refundable, even if you cancel before the end of the billing period.
We reserve the right to suspend or terminate your account if payment is not received after reasonable billing attempts.
Invoice and billing receipts are sent to the subscriber account holder by default. Please contact us to request a change of billing email address.
Payment Changes
We reserve the right to change the payment terms for ZoneIQ, including increasing the fee. Payments may change due to inflation, higher operating costs, higher demand, and other reasons. We will endeavour to provide you with 60 days’ notice of any changes to the payment terms by email, on the website or other electronic means. If you do not agree to the changes, you may cancel your subscription. If you do not cancel, the changes will be deemed accepted and will be effective on subsequent billing cycles.
Dispute with Card Issuer
If you wish to dispute a payment made under this agreement with your card issuer, you shall follow your card issuer’s dispute resolution procedures. You can notify us in writing of the dispute, providing details of the disputed payment and the basis for the dispute. We will investigate the dispute and work with you in good faith to resolve the matter.
Payment Provider
We use Stripe as our payment processor to facilitate payment transactions made through our website. By using ZoneIQ, you agree to be bound by Stripe’s terms of service, which are available on the Stripe website. We are not responsible for errors, omissions, or other issues related to payments made through Stripe, but will use reasonable efforts to assist you in resolving any such issues.
You acknowledge that we may share payment-related information with Stripe for the purpose of processing payments and managing payment-related issues. PLANZONE does not directly hold or maintain customer financial or credit card information.
Conflict of Interest
You acknowledge and agree that we may have business interests or affiliations that may create a conflict of interest. We will use reasonable efforts to ensure that any such conflicts do not affect the services provided to you under this Agreement. If a conflict of interest arises that we reasonably believe may affect you, we will promptly notify you in writing and will work with you to resolve it.
Special Offers
From time to time, PLANZONE may offer special promotions or discounts. PLANZONE reserves the right to determine eligibility for these offers at its sole discretion and to modify or terminate any special offer at any time without prior notice.
Governing law
Your access to and use of our website and the ZoneIQ service is governed by the law of New South Wales and the Commonwealth of Australia and you agree to submit to the non-exclusive jurisdiction of the courts in that State and the Commonwealth.
Disclaimer
We will be in no way liable for any loss, damage or injury arising as a result of your use or reliance on this website or the ZoneIQ service, nor will we be liable for any indirect, consequential, punitive or special damages or loss of profit.
We will be in no way liable for any loss, damage or injury arising as a result of, or in part by, our negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating or delivering any information through this website or the ZoneIQ service.
Links to other websites
Links are provided in a desire to promote a free exchange of information. We do not necessarily endorse or support the views, opinions, standards or information that appear at linked sites. You should familiarise yourself with any protocols and standards of those sites. If you are offended or upset by material on any linked site, you may lodge a complaint with the Australian Communications and Media Authority (ACMA) at acma.gov.au.
Planning information, maps and spatial datasets
Until such time as content on this website or the ZoneIQ service is certified, the documents and information available should be treated as being for reference only and you should exercise your own skill and care with respect to the use of the material.
Planning Portal Spatial datasets
ZoneIQ provides access to spatial datasets for certain planning maps incorporated by reference in environmental planning instruments made under the EP&A Act. PDF versions of the official maps adopted when the instruments are made are available from a map link index from the relevant environmental planning instrument on the NSW Planning Portal.
The spatial datasets on ZoneIQ are updated as new Environmental Planning Instruments are published. You should be aware that there may be delays between when the instruments are published on the NSW legislation website and when the spatial datasets are updated. We try to update the spatial datasets within a reasonable period of any changes to the official maps.
The spatial datasets for certain State environmental planning policies have been derived from the wording of the text of the instrument.