Terms and conditions
Jan 27 – Planet Group
(e) Client means any individual or entity that downloads, installs, or utilises the App or platform to provide commercial or retail information to the user.
(f) Platform refers to the mobile application as well as the website designed to provide both front end and back-office access to business/client information.
(g) Services refers to the services provided by Planet on the app or platform.
(h) Subscriber(s) is a general term for any client or consumer that downloads, installs, or utilises the App or platform to access or input information.
(i) User(s) means any individual, business or entity that downloads, installs, or utilises the App or platform to access information associated with the App and/or client information.
(j) User Information means any content that Users or Clients submit, post, or otherwise make available on the App.
(k) User Licence means the licence to use the App granted pursuant to clause 5.
2. Introduction
3.2 Using the Platform and Services may be prohibited or restricted in certain countries. If Subscribers use the Platform and Services outside of Australia, Subscribers are responsible for complying with the laws and regulations of the territory from which Subscribers access or use the Platform and Services.
4. Services
Planet offers two services on the platform and mobile application.
(a) Access to the sites and services for end users. Noted in this document as Users.
(b) Access to the back end for business providing commercial services. Noted in thisdocument as Clients.
5. User Licence:
5.1 Subject to these Terms, the App grants Users a limited, non-exclusive, non-transferable license to access and use the App for personal purposes. Users may not use the App for any illegal or unauthorised purpose.
5.2 Subject to these Terms, the App grants Clients a limited, non-exclusive, non-transferable license to access and use the App for business purposes. Clients may not use the App for any illegal or unauthorised purpose. Clients are subject to additional terms and conditions as set out in the Service Level Agreement that contains the commercial terms and conditions.
5.3 Planet reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Platform is provided in accordance with these terms and may not be:
a) re-sold and/or re-distributed in any material form.
b) stored in any storage media; and/or
c) re-transmitted in any media,
6. Acceptable Use and Prohibited Use
6.1 Use by Subscribers of the Platform, Services and any Content and User Informationtransmitted in connection with the Platform and Services is limited to the contemplated functionality. Subscribers agree that their use of the Platform and Services and any Content must comply with these Terms and the Planet Policies. In no event may the Platform and Services be used in a manner that:
(a) harasses, abuses, stalks, threatens, defames or otherwise interfere, infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
(b) is unlawful, fraudulent or deceptive;
(c) uses technology or other means to access the Platform, Services Website or Content that is not authorised by Planet;
(d) uses or launch any automated system, including without limitation, robots, spiders, or offline readers, to access the Platform, Services or website.;
(e) attempts to or tampers with, hinder or modify the Platform and Services attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality, knowingly transmit viruses or other disabling features, damages or interfere with the Platform and Services including but not limited to the use of trojan horses, viruses, or piracy or programming routines that may damage or interfere with the Platform and Services;
(f) attempts to gain unauthorised access to Planet’s computer network or user accounts;
(g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
(h) violates these Terms;
(i) attempts to damage, disable, overburden, or impair Planet’s servers or networks;
(j) fails to comply with applicable third-party Terms; or
(k) facilitates or assists another person to do any of the above acts.
6.2 Except for the limited use set out in para 5 Subscribers may not use the Platform, or the material contained on it, for any purpose. This involves:
(a) the reproduction of the material in any material form;
(b) the distribution of the material in any material form;
(c) re-transmission of the material by any medium of communication;
(d) uploading and/or reposting the material to any other site on the Internet;
(e) “framing” the material on the Platform with other material on any other website.
6.3 The above restrictions are unlawful in any jurisdiction and are specifically prohibited by these Terms
6.4 Notwithstanding the above restrictions on use of the material on the Platform, Subscribers may download material from the Platform for your personal non-commercial use provided Subscribers do not remove any copyright and trademark notices contained on the material.
6.5 Subscribers may not modify or copy:
(a) the layout of the Platform; or
(b) any computer software and code contained in the Platform.
6.6 Planet reserves all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Platform is provided to Users for personal use only and may not be:
(a) re-sold and/or re-distributed in any material form;
(b) stored in any storage media; and/or
(c) re-transmitted in any media,
6.7 Subscribers must not post, upload, publish, submit or transmit any User Informationthat:
(a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy;
(b) is fraudulent, false, misleading or deceptive;
(c) is intended to otherwise defraud other Subscribers;
(d) denigrates Planet or the Platform and Services;
(e) transmits junk mail, chain letter, spam mail, spimming, phishing, trolling or other unauthorised mass transmission.
(f) contains videos, images or media content, medical information, or personal information of another person without his or her permission (or if such person is a minor, without the consent of the minor’s legal guardian);
(g) is defamatory, abusive, obscene, pornographic, profane, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(h) is violent or threatening or promotes violence or actions that are threatening or intimidating to any other person; or
(i) promotes illegal or harmful activities or substances.
6.8 Subscribers must not:
(a) print, publish, modify, link to or distribute any Content from the Platform and Services or any other documentation that Planet provide to Subscribers, unless Planet have authorised Subscribers in writing;
(b) breach copyright or Intellectual Property rights, including but not limited to, that Subscribers must not republish, copy, distribute, transmit or publicly display material from Planet’s Platform; alter or modify any of the code or the material on the Platform and Services;
(c) cause any of the Platform and Services to be framed or embedded in another website;
(d) collect or harvest any personally identifiable information, including phone number, from the Platform and Services, nor to use the communication systems provided by the Platform and Services for any commercial solicitation or spam purposes;
(e) modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, decompile or create derivative works from, transfer, or sell or re-sell any Platform or Services; or
(f) facilitate or assist another person to do any of the above acts.
6.9 To the maximum extent permitted by law, the company will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect the Services as aforementioned, system failures or any other harmful material that may infect a computer, device, programs, data or other proprietary material and release the company from any such liability
6.10 Any use of the Platform and Services in any other manner, including, without limitation, resale, transfer, modification or distribution of the Platform and Services or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Platform and Services is prohibited.
6.11 Planet reserves the right, in Planet’s sole discretion, to terminate any User Licence, remove Content or assert legal action with respect to Content or use of the Platform and Services, that Planet reasonably believe is or might be in violation of these Terms or Planet Policies. Planet’s failure or delay in taking such actions does not constitute a waiver of Planet’s rights to enforce these Terms.
6.12 Upon termination of the Terms, Planet has no further obligation to Subscribers, andmay cease to provide the Platform and Services to Subscribers. The accrued rights, obligations and remedies of the parties are not affected by the termination of the Terms.
7. Content Ownership
All Content available on the App and platform/s is the property of the company or its licensors. Subscribers do not acquire any ownership rights in the Content by using the App.
8. User Information
Clients retain ownership of their generated content but grants the App owner a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, publish, and distribute such content within the App.
9. Copyright and Intellectual Property
9.1 Planet’s Platform and Services contains material which is owned by or licensed to Planet (or Planet’s affiliates and/or third-party licensors as applicable), and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, Content, design, images, graphics, layout, appearance and look of the Platform and Services. Planet, the Planet logo, and other Planet material used in connection with the Platform and Services are unregistered or registered trademarks of Planet (collectively Planet Marks).
9.2 Intellectual Property includes all code, algorithms, copyright, fees, pricing, registered and unregistered Planet Marks, logos, slogans, designs, videos, animated reels, animations, audio tracks, information, images, photographs, patents, know-how, trade secrets, ideas, look and feel, methods, diagrams, drawings, databases, notes, documents, confidential information and any other proprietary or industrial rights relating to Planet (in each case whether registered or unregistered or whether capable of registration), together with any Platforms for registration and any rights to registration or renewal of such rights anywhere in the world and whether created before or after the date of these Terms; goodwill in the business and Platform and Services; trade, business company or organisation names; internet domain names; and Content, images and layout.
9.3 Subscribers agree that, as between Subscribers and Planet, Planet owns all Intellectual Property rights in the Platform and Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights. Planet owns the Intellectual Property including copyright which subsists in all creative and literary works displayed in the Platform. The Platform and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorised by Planet or the owner of the Content.
9.4 Other trademarks, service marks, graphics and logos used in connection with the Platform and Services are the trademarks of their respective owners (collectively Third Party Marks).
9.5 The Intellectual Property, Planet Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Planet or the applicable trademark holder.
9.6 You do not obtain any interest or licence in the Intellectual Property, Planet Marks or Third Party Marks without the prior written permission of Planet or the applicable trademark holder. You may not do anything which interferes with or breaches the Intellectual Property rights.
10. Payment Details
10.1 Whereas the app is free to use for Users they may be required to pay fees for certain features of the App. All payments must be made through the designated payment systems, and Users agree to provide accurate payment information.
10.2 Clients are required to pay fees for use of the App. All payments must be made through the designated payment systems. Clients agree to provide accurate payment information in line with the additional Terms and Conditions set out in the Service Level Agreement.
11. Warranty Disclaimer
11.1 The App and platform are provided "as is" without any warranties of any kind, either express or implied. The App owner does not warrant that the App will be error-free or uninterrupted.
11.2 While Planet aims to update the app and platform regularly, neither Planet, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the platform and use of this information is at your own risk.
11.3 The company reserve the right to restrict access to the services or any part of the Services, change or withdraw any goods, information or content featured in the Services or provided through Planet’s Services, without notice.
11.4 The Subscriber acknowledges and agrees that Planet retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in sole discretion.
12. Privacy Policy
12.1 The App collects, uses, stores, and shares user data as detailed in the Privacy policy below.
12.2 The privacy of the subscriber is important to Planet. This Privacy Policy explains how Planet collect, use, disclose, and safeguard the subscriber’s information when theyuse the mobile application. Please read this section carefully.
13. Information Planet Collect
13.1 Personal Data: When a subscriber register or use the app or platform, Planet will becollecting personally identifiable information, such as name, email address, and phone number.
13.2 Usage Data: Planet may collect information about a subscriber`s interactions with the app, such as IP address, device information, and usage patterns.
13.3 Cookies and Tracking Technologies: Planet may use cookies and similar technologies to enhance the subscribers experience and analyse app usage.
14. How Planet Use that Information?
Planet use the information they collect to:
• Provide and maintain the app and platform.
• Improve user experience and app functionality.
• Communicate with the subscriber, including sending updates and promotions.
• Ensure security and prevent fraud.
15. Information Sharing and Disclosure
Planet may share the information with:
• Third-party service providers that help Planet operate and improve the app.
• Law enforcement or regulatory agencies if required by law.
• Business partners, with the subscriber’s consent, for marketing purposes.
16. Data Security
Planet implement reasonable security measures to protect the subscriber`s information. However, no system is completely secure, and Planet cannot guarantee the absolute security of the subscriber`s data.
17. Rights
The subscriber has the right to:
• Access and update their personal information.
• Request the deletion of their data.
• Opt-out of marketing communications.
18. Contact
The subscriber agrees to allow Planet to send emails regarding the Services, including any information regarding or relating to their goods and services, in accordance with their Privacy Policy.
19. Links to other websites
19.1 The Platform contains links to sites on the Internet owned and operated by third parties and which are not under our control, such as our Payment Processor, helplines, websites, and others.
19.2 In relation to the other sites on the Internet, which are linked to the Platform, Planet:
(a) provide the links to other sites as a convenience to subscribers and the existence of a link to other sites does not imply any endorsement by Planet of the contents of the linked site; and
(b) ie not responsible for the material contained on those linked sites.
19.3 Planet is making the Platform available for others to publish information without assuming a duty of care to users. Planet gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Platform and/or linked sites on the Internet.
19.4 To the full extent permitted by law Planet disclaims any and all warranties, express or implied, regarding:
(a) the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Platform and/or of any linked sites; and
(b) merchantability or fitness for any particular purpose for any service or product contained or referred to on the Platform and/or on any linked sites.
19.5 Planet will not be liable under any circumstances for any loss of profits, or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of the subscriber:
(a) acting, or failing to act, on any information contained on or referred to on the Platform and/or any of the linked Websites; and
(b) using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Platform and/or any linked sites.
20. Consumer Guarantee
20.1 Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth) and similar consumer protection laws and regulations may confer Subscribers with rights, warranties, guarantees and remedies relating to the provision of services by Plant to Users which cannot be excluded, restricted or modified (Statutory Rights).
20.2 Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. Users agree that Planet’s liability for services provided to consumers is governed solely by the ACL and these Terms. Planet exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
20.3 Except for Subscriber’s Statutory Rights, all material and work is provided to Subscribers without warranties of any kind, either express or implied, and Planetexpressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose.
21. Disclaimers
21.1 Planet provides the Platform and Services to Subscribers as is, and Subscribers are using the Platform and Services at their own risk.
21.2 To the fullest extent allowable under applicable law, Planet disclaim all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Platform and Services are merchantable, of satisfactory quality, reliable, accurate, complete, suitable or fit for a particular purpose or need, non-infringing or free of defects or errors or able to operate on an uninterrupted basis, or that the use of the Platform and Services by Subscribers is in compliance with laws applicable to Subscribers or that User Information transmitted in connection with the Platform and Services (including as part of online payment) will be successfully, accurately or securely transmitted.
21.3 Planet makes no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the Content and information in the Platform and Services, technical accessibility, fitness or flawlessness of the Platform and Services, or that Subscriber’s use of the Platform and Services will not infringe rights of third parties.
22. Limitation of Liability
22.1 To the full extent permitted by law, Planet excludes all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
22.2 To the full extent permitted by law Planet excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms and Conditions.
22.3 To the full extent permitted by law Planet’s liability for any implied warranty or condition is limited, at Planet’s choice:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
22.4 To the fullest extent allowable under applicable law, (but subject to the maximum extent permitted by applicable law) the maximum aggregate liability of Planet and its parent or other affiliated companies to Subscribers, whether in contract, tort (including negligence), strict liability or other theory, arising out of or relating to the use of or inability to use the Platform and Services, is the amount that Subscriberspay, if any, to Planet for access to or use of the Platform and Services during the one month period immediately prior to the event giving rise to such liability or one dollar (AUD$1) if no such payments have been made, as applicable.
22.5 The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Planet.
22.6 Either party's liability for any claim relating to these Terms and Conditions will be reduced to the extent to which the other party contributed to the damage arising from the claim.
23. Release and Indemnity
23.1 Subscribers agree to release and indemnify and hold Planet and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown.
23.2 This includes legal fees on a full indemnity basis, arising from or in relation to thepurchase or use of goods or services purchased from the company your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
23.3 This clause survives termination of these Terms.
24. Account Termination:
24.1 Users may cancel their account at any time through the App settings. The companyreserves the right to terminate or suspend a user’s account for violations of these Terms without prior notice. A user may terminate their Subscription by visiting their Account Settings, or Apple App Store and following the prompts to alter their Subscription.
24.2 Clients may cancel their account at any time through the App or platform settings. As the client aspect of the app is subscription based there are commercial agreementsseparate to these terms and conditions associated with the use of the app or platformset out in the Service Level agreement (SLA). The company reserves the right to terminate or suspend a clients account for violations of these Terms without prior notice.
24.3 Violation of Terms:
(a) Accounts may be terminated for violating the app’s terms of service, including but not limited to:
• abusive behavior,
• harassment,
• or illegal activities.
(b) Inactivity: Accounts that remain inactive for a period of 12 consecutive months may be subject to termination.
(c) Fraudulent Activities: Any account detected engaging in fraudulent activities, such as identity theft or fraud operations, will be terminated immediately.
(d) Repeated Offenses: Subscribers who continuously violate the community guidelines may face account termination after multiple warnings.
(e) Notification: Subscribers will receive a notification via email prior to termination, providing a brief explanation of the reason.
(f) Appeals Process: Subscribers may appeal their account termination within 30 days by submitting a request through the App’s support system, detailing the reasons for their appeal.
(g) Finality of Decisions: All decisions regarding account termination are final and at the discretion of the App’s management team.
(h) Upon termination of these Terms: the company may immediately remove any access to the Services, disable the Services and/or delete your account and data.
25. Cancellation
A User may cancel their Subscription at any time by visiting your Account Settings or Apple App Store and following the prompts to alter their Subscription.
For the avoidance of doubt, cancellation of a service will result in loss of all potential reward points and other benefits.
26. Terms Updates:
The App owner reserves the right to modify these Terms at any time. Subscribers will be notified of any significant changes, and continued use of the App after such modifications constitutes acceptance of the new Terms.
The frequency of updates to the terms can vary depending on changes in regulations, business practices, or improvements to the app. Typically, updates may occur annually, semi-annually, or as needed to reflect significant changes.
Planet will endeavor to notify the subscriber as soon as reasonably possible of any changes to their Terms by email or by a notice on or in the Services. It is the Subscribers’responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains the most accurate and up to date version of the Terms.
The company reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to the Subscriber.
27. Jurisdiction:
These Terms are governed by the laws of Western Australia. The Subscriber irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Western Australiaand its appellate courts. Although the Services may be accessed throughout Australia and overseas, the company make no representations or warranties that its content, or the Services, comply with the laws (including intellectual property laws) of any country outside Australia. If a subscriber accesses the Services from outside Australia, they do so at their own risk and are responsible for ensuring compliance with all laws in the place where they are located.
This clause survives termination of these Terms.
28. Severability
If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms.
This clause survives termination of these Terms.
29. Waiver
Any failure or delay by the company in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Planet from exercising that power or right or any other power or right. Planet are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
This clause survives termination of these Terms.
30. Force majeure
If Planet is unable to perform in whole or in part, any obligation under these Terms as a result ofany fact, circumstance or matter beyond their control, they are relieved of that obligation to the extent and for the period that they are unable to perform the obligation. The Subscriber agreesthat Planet will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.
31. Entire agreement
These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms the subscriber has agreed to through use or access of the Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings.
Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail.
This clause survives termination of these Terms.
Rev 1.1 – 27/01/2025/CH/VL2