This end user agreement ("EUA") is a binding agreement between Siena Planning Pty Ltd ("myLot") and any person (and/or any entity you are authorised to represent) ("You") who uses or accesses the public-facing web-based planning enquiry tool, and associated content and output, that is provided to You by myLot via Your local council's website ("Tool"). myLot is the creator of the Tool.
myLot will make the Tool accessible to You, in accordance with this EUA.
This EUA sets out Your legal rights and obligations with respect to the Tool, so please read and make sure You understand everything.
Intellectual property and data
You acknowledge that, as between myLot and You, myLot owns all rights (including intellectual property rights) and title in and to the Tool, and You will not dispute the same.
When You enter any information into the Tool, You grant myLot a licence to use that information so that myLot can use, copy, transmit, disclose, distribute, store, analyse and back it up, in connection with Your use of the Tool, to enable myLot to improve the Tool and provide new services, and communicate with You and Your local council.
myLot may create anonymised statistical or usage data from Your information and the way in which You use the Tool. This information belongs to myLot and myLot may use it for its own purposes. myLot will never share your email or physical address with any party other than the relevant local council that your enquiry relates to. For further information on the ways in which myLot uses Your information, please refer to the myLot privacy policy.
What You can and cannot do
You may use the Tool for pre-lodgement planning enquiries.
You must:
so that you can get the best from the Tool, provide accurate and complete information;
protect Your username and password against misuse or unauthorised access (and tell myLot immediately if You become aware of this); and
not:
copy, distribute, modify, decompile or make derivative works of, myLot’s content or the Tool;
introduce or upload anything to the Tool that includes a virus or other harmful code;
re-sell or sub-licence the Tool or its content or output;
do anything illegal via the Tool;
act in a manner that is abusive or disrespectful in connection with Your use of the Tool;
use the Tool for existing application enquiries (the tool was not designed for this purpose);
use the Tool for a commercial purpose, or re-sell or on-provide the Tool;
enter or provide to myLot (through the Tool or otherwise) any private, sensitive, confidential, or personal information except to the minimum extent necessary in order to effectively use the Tool and as directed by the Tool.
Disclaimers and liability
To the maximum extent permitted by law, and without prejudice to any statutory rights You may have, You acknowledge that:
the Tool is provided 'as is' and 'as available';
there are a variety of factors and variables that the Tool does not take into account to provide output;
myLot (through the Tool or otherwise) does not provide professional advice;
myLot does not provide any warranties, express or implied, in relation the Tool, its output, or its functionality;
the output from the Tool does not represent a final planning decision or a permit;
the Tool, and the output from the Tool, are a guide only, and you should not rely on it or make any decision based on it; and
myLot's liability to You is limited to re-supply of the Tool to You.
Fees
myLot provides the Tool to You free of charge.
Other terms
myLot may terminate Your access to the Tool at any time if it reasonably believes that You have breached this EUA. You may stop using the Tool at any time.
myLot may update this EUA from time to time by notice to You. myLot may update the functionality of the Tool at any time.
If You have any dispute or concern regarding this EUA or the Tool, You must, before making any public announcement or statement, notify myLot and provide myLot with a reasonable opportunity to help You and resolve the dispute or concern.
