Pre-assessment · Not approval
The following terms have specific meanings in this agreement.
Agreement — this End User Licence Agreement, as amended from time to time.
Compliance Pre-Assessment — the automated, non-binding evaluation of User-submitted drawings against digitised estate design guidelines, as further described in clause 4.
Design Guidelines — the design rules and standards published by a masterplanned residential estate developer, as digitised and maintained in the PlanScreen rules library.
Design Panel — the formal review body appointed by an estate developer to assess and approve or reject builder submissions against the estate's Design Guidelines. The Design Panel is not affiliated with PlanScreen.
Output — the compliance pre-assessment report or result generated by the Service in response to a User Submission, including Pass, Fail, and Unable to Assess determinations at the rule level.
Service — the PlanScreen software-as-a-service platform, including all associated features, tools, and content made available by Nearly Media Pty Ltd.
Subscription Plan — the tier of access (Free, Individual, Studio, Practice, or Enterprise) selected or assigned to a User, as described on the PlanScreen pricing page.
User — the individual or entity that has registered an account and accepted this Agreement.
User Content — drawings, PDF files, specifications, and any other materials uploaded to the Service by the User.
Subject to the User's compliance with this Agreement and payment of any applicable Subscription fees, Nearly Media Pty Ltd grants the User a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service solely for the User's internal business purposes during the Subscription term.
The User must not:
Registration. To access the Service, the User must create an account and provide accurate, complete, and current information. The User is responsible for maintaining the confidentiality of their login credentials and for all activity that occurs under their account.
Authorised Users. The number of authorised seats is determined by the applicable Subscription Plan. The User must not share login credentials outside the allocated seat count.
Suspension. PlanScreen may suspend or terminate a User's account if it reasonably believes the User has breached this Agreement or poses a risk to the security of the Service.
Pre-assessment, not approval. The Output is provided for informational and planning purposes only. A Pass result from PlanScreen does not guarantee that a Design Panel will approve the relevant drawings. A Fail or Unable to Assess result does not constitute a formal rejection.
Accuracy of the rules library. PlanScreen endeavours to keep the rules library accurate and current. However, estate Design Guidelines are maintained by individual developers and may be amended without notice. PlanScreen does not warrant that the rules library reflects the most current version of any estate's Design Guidelines at any given time. Users should verify the currency of guidelines directly with the relevant estate developer before relying on any Output.
Unable to Assess. Where the Service cannot extract sufficient information from User Content to evaluate a rule, it will return an "Unable to Assess" result for that rule. This is a deliberate system behaviour. Users must not infer compliance or non-compliance from an Unable to Assess result.
No professional advice. Nothing in the Service or its Output constitutes legal, planning, construction, or architectural advice. Users should obtain independent professional advice before making decisions based on any Output.
Ownership. The User retains all ownership and intellectual property rights in User Content. By uploading User Content to the Service, the User grants Nearly Media Pty Ltd a limited, non-exclusive, royalty-free licence to process and use that content solely for the purpose of providing the Service.
User warranties. The User warrants that they own or have all necessary rights to upload the User Content, and that the User Content does not infringe the rights of any third party.
Data handling. Nearly Media Pty Ltd handles User Content in accordance with its Privacy Policy. PlanScreen will not share User Content with third parties except as necessary to provide the Service or as required by law.
PlanScreen IP. All intellectual property rights in the Service — including the compliance engine, rules library, algorithms, software, and all Outputs (excluding User Content) — are owned by or licenced to Nearly Media Pty Ltd. Nothing in this Agreement transfers any intellectual property rights in the Service to the User.
Outputs. Nearly Media Pty Ltd grants the User a licence to use Outputs solely for the User's internal business purposes, including pre-submission planning and design optimisation. The User must not publish or distribute Outputs in a manner that misrepresents them as formal approvals.
Feedback. If the User provides feedback or suggestions regarding the Service, the User grants Nearly Media Pty Ltd a perpetual, royalty-free licence to use such feedback without restriction.
Subscription Plans. Access to certain features requires a paid Subscription. Features available at each tier are described on the PlanScreen pricing page.
Fees. Subscription fees are quoted in Australian dollars (AUD) inclusive of GST unless otherwise stated. PlanScreen reserves the right to change fees on 30 days' written notice.
Billing. Paid Subscriptions are billed in advance on a monthly or annual basis. Fees are non-refundable except as expressly set out in this Agreement or required by Australian Consumer Law.
Free Tier. The Free tier provides limited access subject to the feature restrictions in the applicable Subscription Plan description. PlanScreen may modify or discontinue the Free tier at any time on 30 days' notice.
Term. This Agreement commences on the date the User first accepts it and continues until terminated.
Termination by User. The User may cancel their Subscription at any time. Cancellation takes effect at the end of the then-current billing period.
Termination by PlanScreen. PlanScreen may terminate this Agreement with 30 days' written notice, or immediately if the User materially breaches this Agreement.
Effect of termination. On termination, the User's licence to access the Service ceases. Clauses 4, 6, 9, 10, and 11 survive termination.
Nothing in this Agreement excludes, restricts, or modifies any right or remedy the User may have under the Australian Consumer Law that cannot be excluded by agreement.
Exclusion of consequential loss. To the maximum extent permitted by law, PlanScreen is not liable for any indirect, incidental, special, punitive, or consequential loss or damage, including loss of profits, loss of data, or cost of substitute services, arising from or in connection with this Agreement or the User's use of the Service.
Cap on liability. To the maximum extent permitted by law, PlanScreen's total aggregate liability to the User for all claims in any 12-month period is limited to the greater of: (a) the total Subscription fees paid by the User to PlanScreen in the 12 months preceding the claim; or (b) AUD $100.
Design Panel decisions. PlanScreen is not liable for any loss arising from a Design Panel's decision to reject or require amendment of any drawings, regardless of any Output produced by the Service.
The User agrees to indemnify and hold harmless Nearly Media Pty Ltd and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses arising from: (a) the User's use of the Service in breach of this Agreement; (b) the User's User Content; or (c) the User's reliance on any Output.
Nearly Media Pty Ltd collects and handles personal information in accordance with its Privacy Policy and in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the Service, the User consents to the collection and use of personal information as described in the Privacy Policy.
Governing law. This Agreement is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria.
Amendments. PlanScreen may amend this Agreement from time to time by posting an updated version on the website. Continued use of the Service after the effective date of any amendment constitutes acceptance.
Entire agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and representations.
Severability. If any provision is held to be invalid or unenforceable, the remaining provisions continue in full force.
Assignment. The User may not assign rights under this Agreement without PlanScreen's prior written consent. PlanScreen may assign this Agreement in connection with a merger, acquisition, or sale of assets.
For questions about this Agreement, please contact: