Terms and Conditions – Plan Hero
By using the Website, either as a visitor, you are agreeing to be bound by the terms or conditions set out below. Please review the Terms carefully before using the Website as these terms contain warranties disclaimers and other terms which limit the liability of Plan Hero Pty Ltd trading as “Plan Hero”.
Any reference in this document to Plan Hero is a reference to Plan Hero Pty Ltd and its directors, employees, shareholders, agents and servants and the Plan Hero Website.
The Website currently offers/will offer a number of services including, but not limited to, plan management services, NDIS self-management assistance, provider services and assistance, social networking, news/blogs, webinars, and promotional marketing, information on disability issues and management of NDIS plan funding.
The Website distinguishes between content generated by Plan Hero and content which originates from Third parties.
‘The Website’ means the Plan Hero website that resides at www.planhero.com.au
‘You’ and ‘your’ mean a user of the Website.
A ‘user/s’ is someone who interacts with the Website either as a public visitor, a registered member or as a subscriber.
‘User content’ refers to content produced and published by users of the Website;
A ‘subscriber/ s’ is specifically someone who has subscribed through the Website as a free member
“Services” means the services offered by the Website including but not limited to plan management services, NDIS self-management assistance, provider services and assistance, social networking, news/blogs, webinars, and promotional marketing, information on disability issues and management of NDIS plan funding.
‘We’, ‘us’, and ‘our’ refer to Plan Hero Pty Ltd trading as “Plan Hero”
Acceptance Of Terms
Changes to Terms
We reserve the right to amend these Terms and conditions at any time without notice to you. When amendments are introduced, the updated Agreement will immediately published on the Website.
It is your responsibility to check planhero.com.au from time to time to review any changes to the Terms and conditions of use. If you continue to use planhero.com.au after changes are introduced, you are deemed to have read and agreed to the amendments to the Terms and conditions of the Agreement. If you do not accept the changes please do not use the Website.
Published content may be viewed by all users of the Website (certain content is not accessible unless a user has registered as a member or a subscriber).
Restrictions to Use and Conduct
You agree that you will be liable and will not under any circumstances:
Post any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
Use planhero.com.au for any unlawful purpose or for the promotion of illegal activities;
Attempt to, or harass, abuse or harm another person or group;
Provide content that breaches copyright or any other intellectual property or proprietary right;
Use another user’s account without permission;
Interfere or attempt to interfere with the proper functioning of planhero.com.au
We have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You will not be entitled to:
include any content from the Website in the promotion of any product or service which you are promoting without the consent in writing of Plan Hero;
reproduce, duplicate, copy, sell, or exploit for your own gain any portion of the Website;
Use “Posting Agents” (a third party who offers a service of posting content on behalf of others) without the express consent of Plan hero.
Online Content Disclaimer
Plan Hero does not endorse or guarantee the accuracy completeness, or usefulness of any information on planhero.com.au that is made by any party other than Plan Hero.
The information provided on the Plan Hero website is provided for general information purposes only and does not constitute professional advice. You must exercise independent skill and care in selecting any of the services and products referred to on or made available through the Website.
Whilst Plan Hero aims to provide you with a clear and succinct information, if you misinterpret such information then we are not liable in any way for misrepresentation.
We take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Plan Hero liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Plan Hero is not liable for any statements, representations or content provided by its Users in any public forum, or other Interactive Area (including but not limited to, comment areas, reviews, ratings, blog, and forum). Plan Hero is entitled, but has no obligation, to screen, edit, monitor, remove, block, reject, take down any of the Content posted to or distributed through any Interactive Area, without notice any content posted or stored on the site at any time and for any reason, or to have such actions performed by third parties on its behalf, and you are solely responsible for creating backup copies of and replacing any Content you post or store on this Website at your sole cost and expense.
Plan Hero will at all times:
monitor the materials posted in the public areas of Planhero.com.au
limit or deny a user’s access to Planhero.com.au or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious
Remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.
If, on the basis of User Content, we form the view that an offence of any nature involving any person may have occurred, we reserve the right to report the matter to the appropriate authorities. You expressly waive any right to privacy in such circumstances and you expressly consent to us disclosing such information, whether or not it is in your interests or for your benefit that we do so. This is a right which would only be exercised at our discretion and in what we consider to be appropriate and compelling circumstances. At the same time, we give no undertaking whatsoever, and accept no responsibility whatsoever, to necessarily report suspected offences or to take any other action in this regard.
The user content published belongs to the publisher/author. Content published by or authored by us, belongs to us. This includes, but is not limited to:
Software, computer code, aggregate user review ratings, content generated by us, and all other elements and components of the Website including graphics, visual interfaces, interactive features, design, compilation. This excludes User Content developed by you, and Third Party Content. We also own the copyrights and other intellectual and proprietary rights throughout the world associated with Planhero.com.au.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to Planhero.com.au, including applicable copyrights, trademarks and other proprietary rights. Your use of the Website does not constitute any right or license for you to use the Plan Hero trademarks or intellectual property without the prior permission of Plan Hero
Notice may be provided by email Communications made through Plan Hero or any of its officers, employees, agents or representatives in any situation where notice to Plan Hero Pty Ltd is required by contract or any law or regulation.
The Content and the Website are protected by copyright and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Planhero.com.au content in whole or in part except as expressly authorized by us.
Despite the fact that Plan Hero strives to enforce these Terms, you may be exposed to User Content that is inaccurate or objectionable.
Links to Other Sites and/or Material
Plan Hero may provide you with convenient links to third party website(s) (‘Third Party Sites’) as well as content or items belonging to or originating from third parties (the ‘Third Party Applications, Software or Content’). These links are provided as a courtesy to Plahero.com.au users. Plan Hero Pty Ltd has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or
Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Plan Hero.
Plan Hero is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content.
If you decide to access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our Terms and policies no longer govern. You should review the applicable Terms and policies, including privacy and data gathering practices, of any Site to which you navigate from the Site or relating to any applications you use or install from the Site.
Copyright Complaints and Copyright Agent
Termination of Repeat Infringer Accounts. Plan Hero respects the intellectual property rights of others and requests that the users do the same. Plan Hero may terminate access for participants or users who are found repeatedly to publish protected third party content without necessary rights and permissions.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on Planhero.com.au infringe upon your copyrights, you may submit a notification to Plan Hero.
Counter-Notices. If you believe that User Content has been removed from the Website and it is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice to planhero.com.au so we can investigate. In the subject line write ‘Counter Notice’.
By posting any User Content via Planhero.com.au, you expressly grant, and you represent and warrant that you have a right to grant, to Plan Hero a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with Planhero.com.au.
User Consent to Receive Communications in Electronic Form
Limitation of Damages; Release
To the extent permitted by applicable law, in no event shall Plan Hero, its affiliates, Directors or employees, or its licensors or partners be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising that result from;
the use, disclosure, or display of your User Content;
your use or inability to use planhero.com.au;
Planhero.com.au generally or the software or the systems that make planhero.com.au available.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable Law. The remaining portions will remain in full force and effect. Any failure on the part of Plan Hero to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Plan Hero may assign or delegate these Terms of Service and/or Plan Hero.
To the extent permitted by applicable law, we do not provide any refund of fees paid in connection with the Services.
If we terminate these Terms with you for any reason other than the reasons in highlighted in these Terms under sections, Content User and Copyright Complaint & Copyright Agent , we will refund such portion of fees for the Services paid by you up to the date of termination on a pro rata basis for the portion of the relevant billing cycle remaining.
If you terminate these Terms with us for any reason or if we terminate the Terms with you under sections, Content User and Copyright Complaint & Copyright Agent then any fees paid by you prior to termination are not refundable to you and you must pay all outstanding fees due to us for the Services provided up to the date that the Terms terminate.
We do not give any advice as to the appropriateness or suitability of the Services or any Provider’s goods or services for you. It is solely your responsibility to ensure that the Services you obtain through the Website, including any Provider’s goods or services meet your requirements.
We do not recommend or endorse any third parties’ products or services which are referred to on the Website.
By registering for any Services offered on the Website, you warrant that the information you supply, on submitting each registration application is, to the best of your knowledge, accurate, complete and up-to-date.
You understand that we do not control, and are not responsible for third party Content made available through the Services (including the content of or any representations made in any Profile or advertisement appearing in the Directory or otherwise on or through the Sites or the Services).
You acknowledge that by using the Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Subscribers and website visitors are permitted to post Reviews of Services on the Sites subject to these Terms and subject to our Review Guidelines.
You must not post a Review about a Plan Hero or its products or services if you are related in any way to Plan Hero or one of its competitors, including as a familial relative, employee, contractor, officer or director of the Provider or its competitor. By posting a Review, you confirm that your Review: is accurate, honest and complete; is based upon your first-hand experience with the Provider or its product or service; and
is not defamatory, or otherwise in violation of our Terms, as determined by us in our sole and absolute discretion.