These terms and conditions form a legally binding agreement (‘Agreement’) between you and Eight Planning Pty Ltd t/as canisubdivide ('Us'), governing the use of our website, platform, and your access to all material provided and/or produced by us (including but not limited to property-specific reports, general information relating to property development and subdivision, and all other material from us) (together, ‘Our Services’). For the avoidance of doubt, in this Agreement the words ‘we’, ‘us’ or ‘our’ are references to Eight Planning Pty Ltd t/as canisubdivide. This Agreement is to be read in conjunction with the Privacy Policy found on our website and any other disclaimers or terms and conditions found on our website or material provided by us. Any reference to Us in this Agreement includes a reference to its subsidiaries, officers, employees, agents, and any associated third parties to the maximum extent permitted by law.
You must read these terms and conditions carefully and in full before accessing or using Our Services. Your use of Our Services is conditional upon your acceptance of this Agreement and the terms and conditions contained in it. By using or continuing to use Our Services, you agree to be bound by this Agreement, If you do not agree to this Agreement, you must not use Our Services.
Our Services
Our Services are available predominantly via our website. Access to a computer or appropriate device, a fast internet connection, and an appropriate internet browser is required to access Our Services. For the avoidance of doubt, you are responsible for the costs associated with accessing the services including (but not limited to) the cost of your internet service provider, computer, electricity, and so on, in addition to the costs of a report from us and the costs of an account with us. We will provide the services in a professional manner and in accordance with this Agreement.
Use of our website
You can access our website at any time, subject to this Agreement. In order to access any of the Services, you must create an account via our website. An account can be created by ordering a ‘Can I Subdivide’ report (or other report as made available on the website from time to time by us), at a fee set by us. Each user must have an account and you must never share your account with anyone in any case whatsoever. We reserve our right to refuse to register any account, or cancel the registration of any account, at our sole discretion at any time. The Services are intended to be used only by adults of 18 years or older of sound mind. When you create an account, you agree to receive marketing material from us and our Partners in accordance with our Privacy Policy.
Your obligations when creating an account and ordering a report
When you create an account, you must provide full, accurate, current, complete and truthful information, including a valid email address, phone number, primary place of residence address, and other details required by us, and maintain the information provided to us when it changes. When creating an account, you agree that:
Security
Our Services are provided via third party apps and services that generally incorporate strong security measures consistent with industry standard security, to protect your account and Our Services from unauthorized access and to protect the integrity and confidentiality of the content available through our Services. Nonetheless, any web-based service such as ours is inherently risky and you therefore acknowledge and agree that we are not responsible for any impacts to your devices, your personal information, or any loss suffered whatsoever to the maximum extent permitted by law resulting from any security breach. You must take appropriate precautions to ensure the security of your device when accessing Our Services, and must not cause (knowingly or otherwise) any disruption to Our Services. For the avoidance of doubt, any deliberate, reckless, or negligent disruption to Our Services that is caused by you shall give rise to a claim against you for all losses suffered. We make no representation and give no warranty regarding your access to the Services. Due to the nature of the internet and software programs, during your use of the Services, you may experience errors, outages, poor network performance and other issues that detract from use of the Services. While we take steps to maintain the Services, we do not warrant that the Services will be constantly available or warrant that you will have uninterrupted and error-free access to the Services. Due to regulatory or technical restrictions, you may not be able to access the Services from every location in the world. You should verify access prior to accepting this Agreement. We are not responsible for your inability to access the Services from a particular location.
Your Use of Our Services
You must use Our Services in a reasonable, responsible, and appropriate manner. You must not use Our Services in a way that is against the Law or that harms us, Our Services or other users of Our Services. You must not use Our Services for any illegal, improper or unauthorised purpose.You must not attempt to restrict another user from using or enjoying Our Services, and you must not encourage or facilitate another person to violate this Agreement or to use Our Services in an illegal or improper manner.
Without limiting the foregoing, you must not:
Availability of Our Services
It is in our interests to maintain the availability of Our Services as much as possible, however we cannot guarantee uptime for our website or Our Services. Our Services may become unavailable from time to time, including due to maintenance (scheduled or unscheduled) or outside factors. We are not liable for any loss suffered as a result of Our Services being unavailable for whatever reason.
Third parties, links, and advertising
Our Services may include advertisements, hyperlinks, or referrals to third party websites operated by others, which are entirely out of our control and we are not responsible for the content or material contained therein. In some instances, we receive commissions or fees from referrals or links from Our Services. We provide these links, advertisements and referrals as a convenience only, and the inclusion of them does not imply an endorsement of, or association with, them by us. You visit such websites or engage with such third parties at your own risk. Advertisements on Our Services (if any) are generally paid advertisements by third parties, and are not recommendations or endorsements by us.
On request by you, we may provide you with contact details of or refer you to third-party specialists. You may refuse any referred third-party service or referral. We make no representation or warranty about any third-party advice or provision of services by such a referred third-party. We accept no responsibility or liability for any Loss that you or any person may suffer or incur due to any third-party advice, product or provision of services, or the third-party’s failure to advise or provide services.
No advice
Our Services can include, at best, a high-level, general, and limited assessment of a property based on limited information available from third parties. All assessments, reviews, ratings, suggestions, feedback, or other information provided by us is general in nature and for information purposes only and must never be relied upon by you without making further enquiries from a duly qualified professional.
Our Services may use algorithm-based modelling to produce a computer-generated output, such as a ‘subdivision potential rating’, and 'potential development outcome' suggestions for a property, relying on information and data sourced from third party sources. The output of Our Services may not (and often, is not), reviewed by a human before being made available to you or others and must not be relied upon as professional advice. Our Services do not provide any professional opinion or professional advice, and we do not verify or warrant the accuracy or completeness of any data or information provided by third parties and relied upon in the production of Our Services.
Property reports
Our Services include property reports that provide a general, high-level overview of certain factors which generally can impact the development and subdivision potential of a given property (‘Property Report’). Each Property Report is available for a fee, and in ordering a report, you must create a user account on our website. You can only access the Property Report(s) ordered by you through our website, by logging into your account. You must never share your login details or provide any other person with access to any of Our Services, including any Property Report prepared by us, except with our express written permission. The cost of ordering a property report is non-refundable, even where your membership is subsequently terminated in accordance with this Agreement. Property Reports are prepared on the basis of information provided by you and accordingly, are specific to you and must not be shared except with our express written consent prior. If a property report is shared by you, you agree that the provision of a property report by you to any third party without our express consent will give rise to a valid claim by us against you with a minimum claim value of $99 for every person with whom the report is shared (including where the report is on-shared by a person to whom you shared it) - such claim being available as liquidated damages and you also agree to indemnify us to the fullest extent permissible against any claim, loss, suit, cause or action by the recipient of the report (or to any subsequent recipients who received the report as a result of you sharing it). We may use a payment gateway or payment service provider when you pay us the Subscription Fee. We are not responsible for the operation or security of these third-party payment products. Please read the terms for any payment gateway prior to completing any transactions with us. If your payment is rejected or refunded, we have the right to on-charge you any fees charged to us by our payment gateway or payment service provider, such as charge-back fees, and we may cancel your Account. We may change the fee associated with the purchase of our Property Reports at any time at our absolute discretion. You must never use Our Services for your own commercial gain without our express written permission. You must never publish a Property Report in any way. Our Property Reports include a Disclaimer, which must be acknowledged and accepted by you and operates in addition to this Agreement. The ability to subdivide a property or develop a property in any manner can simply never be guaranteed, and can be impacted by external factors beyond this preliminary assessment including (but not limited to): heritage matters; objecting parties; site-specific constraints not immediately verifiable from the sources relied upon by canisubdivide; unregistered interests applying to the title; Council or other government policies not specifically contained within the Planning Zone or Overlay(s) applying to your property; Local Laws not cited in the Planning Scheme; practical matters relating to the impacts of constructing a dwelling on the resulting lot from a subdivision or relating ot other development outcomes; and other factors.
Intellectual Property
Our Services are our intellectual property. Copyright and other intellectual property rights protect Our Services, and you must never infringe our Intellectual Property Rights, ever. We do not indemnify you for any Loss arising from or relating to your use of the Website or the Platform, including any claim of infringement of Intellectual Property Rights, unless we are required by Law to do so. You are responsible for ensuring that you do not, in using the Services, infringe or violate any other person’s Intellectual Property Rights, misappropriate confidential information, or breach any Laws. From time to time, you may send us suggestions, materials, information, ideas or concepts relating to the Services (“Ideas”). You hereby grant us a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) to use such Ideas as we see fit, without payment of a fee. Without limiting the foregoing, no Idea will be subject to any confidentiality obligation.You have no right to share, print, export, or on-forward any of Our Services including any Property Report. We collect and use Personal Information from and about you. This allows us, for example, to open and administer user accounts and to provide the Services to you. You consent to our collection, use and disclosure of your Personal Information as set out in our privacy policy.
Limitation of Liability
As detailed earlier in this Agreement, you should not rely on any material produced by us in any way whatsoever and you explicitly and irrevocably agree that you will not rely on any material provided by us in any way. Without limiting the foregoing, you expressly and irrevocably agree that you will not rely on any material provided by us, including but not limited to property-specific reports, when making any decisions or forming any opinion whatsoever, including as to the suitability of a particularly property (or properties, or general area), for subdivision or property development. For the avoidance of doubt and as detailed earlier, you must never rely on any material provided by CanIsubvidide to inform a decision to purchase, or not purchase, or to apply to subdivide, or not to apply to subdivide, a property. If you share a Property Report or any other material that we have published and to which you have access, you hereby irrevocably indemnify us from any claim, right, cause of action or loss suffered by any recipient of that information who received it directly from you, or from someone you shared it with. You must alert any recipient of information, material or content from us (including but not limited to Property Reports) of these Terms & Conditions and the provisions contained herein.
Notwithstanding the above, to the fullest extent permitted by applicable Law, our total cumulative liability to you (or any other person with whom you share any material provided by us) in connection with this Agreement, whether in contract or tort (including negligence) or otherwise, will not exceed the greater of AUD $100 or, if you have purchase a Property Report, then an amount calculated as the cost of that Property Report. To the fullest extent permitted by applicable law, we hereby expressly disclaim all implied or statutory warranties, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, reliability, accuracy, completeness and quiet enjoyment. Notwithstanding any other clause of this Agreement, to the extent permitted by law, we exclude all liability, including in tort (including negligence), contract and otherwise, for any loss of or damage to data, loss of profits, loss of revenue, loss of privacy, loss of enjoyment, damage to reputation and goodwill, and loss of business, and any consequential, indirect or special Loss or damage. Our liability under this Agreement will be reduced proportionally to the extent to which any Loss was caused or contributed to by any negligence or other wrongful act or omission of you
Severability
If any provision in this Agreement is held to be invalid or unenforceable, it shall not affect the validity of all other provisions of this Agreement. For the avoidance of doubt, for the purposes of this clause, the minimum text that can be severed from this Agreement or held to be invalid shall be, and all remaining text shall be deemed to continue to apply. The parties expressly agree that this Agreement reflects the agreement of the parties and where it is held that a part of this Agreement is invalid, the remainder of the Agreement to the maximum extent possible shall be retained as enforceable between the parties.
We may amend this Agreement at any time in our sole discretion. We will notify you of any such amendments by e-mail or online posting or when you next use the Service.If you do not agree to such amendments, then you must stop using the Services; if you continue using the Service after the date on which any such amendments come into force, you will be deemed to have agreed to such amendments.
Any dispute arising as a result of your use of Our Services or this Agreement must first sought to be resolved between the parties, failing which the dispute must be referred to arbitration in the State of Victoria, Australia, in a standard commercial manner. Despite the foregoing, we are entitled to seek injunctive relief against you for any breach of this Agreement where we deem it appropriate to do so, through the courts.
This Agreement, to the maximum extent permitted by law, is governed by the laws of Victoria, Australia. This Agreement forms the entire agreement between the parties.
These terms and conditions are effective from and as at 1 November 2024