PLANSMACHINE ONLINE APPLICATION TERMS OF SERVICE AGREEMENT — 01/09/2022
By using this Facility in any capacity, you agree with the following Terms and Conditions.
There is no age restriction to the use of this Facility and whilst it is designed for professional use, it may also be used for home entertainment or industry related training purposes.
That the use of this Facility provides a free comprehensive three page plan set Contents, that is able to be printed out or sent via email – you may use this free plan set Contents, with any other service provider for the purpose of its further development, or eventual certified plans production.
That any use of the free three page plan set of Contents that you may take from this Facility, if used as a platform to complete a building consent from any other service provider is entirely at Your own risk and PlansMachine shall have no statutory or civil liability to You to the fullest extent permitted by law.
If you redistribute any plans produced by the PlansMachine Facility, you must retain the "Drawn with plansmachine.co.nz" on the bottom of each redistributed page.
OVERVIEW
This terms and conditions document of agreement details your rights of access to and use of the online plansmachine facility. It is recommended that you read these terms and conditions before using the PlansMachine.
PlansMachine will allow you access to this facility only if you accept all of the terms and conditions in this agreement document.
These terms and conditions will remain accessible from this online location.
If you are agreeing to these terms and conditions on behalf of a company or other such third party entity that you represent, then you must have the approval with the said entity to connect such an entity to these terms and conditions.
Definitions
For purposes of these Terms and Conditions, the following Terms and Conditions have the meanings detailed below:
“Facility” the online software cloud server of the PlansMachine that hosts the associated production of documentation via its range of available services.
“Content/s” means documents free or otherwise that you initiate as receivable, with Your interaction with the Facility.
"User/s" means an individual who is allowed access to use the PlansMachine.
"You" or "Your" means the User.
"PlansMachine" the entity that provides You with the online software access that drives the said Facility and also the entity that this Terms and Conditions agreement is with.
"Account" the authorisation of You to use the full range of services available within the PlansMachine Online Facility.
"Online facility" – "Online" – "Facility" a cloud server that hosts the functionality of the use of the applicable software.
"Cloud server" – "Server's" – "Service" the Online Facility that hosts the PlansMachine Facility.
"Download" the transfer of digitally formatted documents to your computer or similar device, for Your use.
"Upload" the transfer of digital information from Your computer or similar device to the PlansMachine cloud server Facility.
"Conduct" the reasonably expected condition of your behaviour. It is to be deemed as appropriate or inappropriate at the discretion of the PlansMachine administrator staff. You may make a complaint to the PlansMachine general manager if you disagree with any decisions. The complaint must be supported with reasonable evidence and justification. The said evidence must be presented in a competent and comprehensible presentation.
"Help Desk" the support staff that cause the Online System to function and are available for Your assistance.
"Malware" means viruses, worms, time bombs, Trojan horses, spyware and other harmful or malicious code, files, scripts, agents or programs.
User Content
PlansMachine does not claim any intellectual property rights with any Content created by Users engaging the said Facility. Your content produced from instruction on the PlansMachine Server under PlansMachine control and possession, may be shared at Your direction. How PlansMachine treats Your personal data and protects Your privacy generally is explained in the "Privacy" policy detailed below.
Sharing Content
You are solely responsible for Your conduct, Your Content and Your communications with the Help Desk staff and any other third party associated representative or contractor, while using the PlansMachine Facility. By using the PlansMachine Online Facility, You acknowledge that PlansMachine has no obligation to monitor any information that is stored on behalf of your free use of this Facility. PlansMachine is not responsible for the accuracy, completeness, appropriateness, or legality of Content You may produce with the free use portion of the overall services of the said Facility. The said Facility provides features that allow You to share Your created Content with others. Content You share with others from the said Facility could become available to the public. Please make sure that the contents that you hand on to non-related third parties are done so with care, if you wish to try and preserve the copyright of your own creative designs.
Your Use of the PlansMachine facility
Content that you produce from your use of the said Facility is protected by intellectual property rights via automatic copyright law (c).
Do not copy any existing copyrighted plans with the PlansMachine Facility unless You have the legal right to do so.
You will be fully responsible and liable for the Contents of what You create, copy, share, upload, download or produce while using the Facility. You must not upload malware to the PlansMachine Facility. You are responsible for safeguarding the password that You use to access the said Facility. You are responsible for the safeguard of your account, whether or not You authorised anybody else to access it. You agree that you will not misuse the PlansMachine Online Facility with its Cloud Service or any part or parts of it in any kind or type of unacceptable way. For example, do not interfere with the associated PlansMachine Online Cloud Server, or try to access the said Server using a method other than the interface and instructions provided with the Facility.
Intellectual Property
Use of the PlansMachine Online Cloud Service Facility does not give You ownership of any intellectual property rights with the said Online Server Facility or any Content that is not Your own instructed production of content/s. The technologies PlansMachine uses to provide the said Online Facility are protected by copyright, trademark, and other potentially relevant laws. These Terms and Conditions do not grant You any rights to use PlansMachine's trademarks, logos, domain names, or any other such features associated with the Online Facility, except for the very documents that PlansMachine Online Facility generates from your production of Contents from the instructed usage of its Online Cloud Server Facility, only.
Acceptable Use Policy
You agree not to misuse the PlansMachine Online Facility. You must not, and must not attempt to, use the said Facility to do any of, but not limited to the following:
  • probe, scan, or test the vulnerability of any system or network
  • breach or otherwise circumvent any security or authentication measures
  • access, tamper with, or use non-public areas of the PlansMachine Online Facility Server's under the PlansMachine control or possession
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the said Online Facility
  • plant malware or otherwise use the said Online Facility to distribute malware
  • access or search the said Online Facility by any means other than the Online Server's publicly supported interfaces (for example, "scraping")
  • send unlawful communications, promotions, advertisements, or spam
  • send altered, deceptive or false source-identifying information, including "spoofing" or "phishing"
  • publish anything that is fraudulent, misleading, or infringes another's rights
  • impersonate or misrepresent Your affiliation as a User or Help Desk member of PlansMachine, its employees, associated representatives or third party associates
  • publish or associate the PlansMachine with or share materials that are unlawfully indecent, or that advocate unreasonable action
  • breach the law in any way, or to violate the privacy of others, or to defame any other person or entity in any way shape or form.
Digital and IT Restrictions
You agree and acknowledge that the following actions are completely prohibited:
(a) You may not (and may not permit any third party to) decompile, disassemble or reverse engineer the said PlansMachine Online Cloud Server Facility.
(b) You may not modify, translate, adapt, arrange or create derivative works of the Online PlansMachine Facility.
(c) You may share the knowledge of the PlansMachine Facility public availability or utilise the free part of the Online PlansMachine Facility, but you may only profit from what you create with Contents from its Online User instructions.
(d) You may not be allowed access to the PlansMachine Cloud Service Facility URL or the associated website domain name (plansmachine.co.nz) to connect with another website hosting via hyperlink, without the express written permission of the PlansMachine general manager. Please contact the PlansMachine general manager if you wish to request so.
(e) You may not remove, alter or obscure any copyright or other such proprietary notices, labels or marks from the online PlansMachine documents produced by Your creative Contents.
(f) You may not install, access, copy, circulate, duplicate, or any other such similar activity, single or complete action, on or to any section or segment of the PlansMachine Facility other than in strict compliance with these Terms and Conditions, other than with the use of Your own instructed production documents of Contents, via the said Facility.
Google app API information
Should you link your Gmail account with Plansmachine, the following conditions apply:
  • Granting access to PlansMachine to access your Google account will result in only PlansMachine having API access to your Google account. At no time will any third party have access to your account or its data.
  • The only data gathered from your Google account is your Gmail email address and name, and email labels
  • PlansMachine will only use your Gmail account at your discretion, as explained below:
  • PlansMachine will only use your Google account for the purpose of using your Gmail account to send emails
  • All the abovementioned emails will only be sent after being reviewed and confirmed by you
  • All reasonable steps will be taken to ensure the security and privacy of your account access and data
  • PlansMachine does not store any of your Google account data
Terms and Conditions Periodic Review
PlansMachine may revise these Terms and Conditions from time to time and the most current version will always be posted on the same location as is here, with access to it in Your login screen. By accessing the PlansMachine Online Facility, You have agreed to be bound by the current version of these Terms and Conditions. You should look at the current version of these Terms and Conditions from time to time if using this said Facility in a mass production commercial way.
Associated Resources
The Online PlansMachine Facility contains links to third-party product websites and resources for your convenience. PlansMachine is not responsible or liable for the availability or accuracy of the related information, products, or services. You are also solely responsible for Your use of the said websites' resources.
Disclaimer
The online PlansMachine is firstly offered to you as a free new Zealand online public facility and your use of it is your own decision, without implied warranty or guarantee from the PlansMachine.
PlansMachine does not claim that the use of the said online facility will be uninterrupted or error free all of the time; however, it shall endeavour to always keep any unforeseen downtime to a minimum and also to remain available forever after within reason.
Copyright Defence Matters
PlansMachine will take whatever action, at its sole discretion, it deems appropriate, including removal of any challenged Content from the said Online Facility, without notice.
Privacy
PlansMachine guards Your privacy to the best of its ability to protect Your Content and associated information from unauthorised access. PlansMachine staff are only permitted to view your information and the Content you have created or uploaded. PlansMachine utilises a combination of physical and electronic security measures to protect User information from unauthorised access.
Security Measures
PlansMachine will continue to make sure that its security measures are kept updated, and will investigate any and all reported security issues concerning PlansMachine. Please report any security issues to the "feedback" panel within the said Facility or message the Help Desk, also contained within the said Facility.
Unpaid invoices
Any unpaid amount beyond 90 days may be subject to debt recovery. Should debt recovery come to be required then Baycorp will be engaged and their standard debt recovery percentage fee will then also come to be owed by the client associated with the agreement for service that they have engaged with PlansMachine.
Communication with PlansMachine
By accepting these terms and conditions to use PlansMachine, you agree to always use the PlansMachine messaging system (under the project’s “Messages” tab) for all written message exchanges as well as the file uploads and downloads.
By accepting these terms and conditions to use PlansMachine, you accept that all phone contact is automatically recorded by PlansMachine for the potential of either training purposes, Tribunal dispute resolution assistance and/or conduct clarification purposes, and that, respectfully, you as the client of PlansMachine, are not instantly entitled to a copy of it without genuine reason.
By accepting these terms and conditions to use PlansMachine, you agree and accept that all Plans Machine phone contact is done privately with only you, and that you shall host no teleconference, phone speaker system/s involving other people, or phone recordings from your end, within the phone call communication, without a prior email message approval from the PlansMachine staff member involved with the phone call communication.
Disputes
All time and preparation required for a dispute resolution for an unsubstantiated dispute against PlansMachine, shall be agreed by you that you shall reimburse PlansMachine at the fee of $120 + Gst per hour, to be finally tallied and calculated at the end of the dispute.
Should the client wish to cancel the agreement/contract with PlansMachine, they must do so within the fair and reasonable confines of their protection within the current NZ Consumer Guarantees Act, or otherwise still pay for the amount of work done to that time. Should PlansMachine wish to cancel the agreement/contract, it can for any fair and ethical reason, including that if the client’s communication becomes to be considered by PlansMachine as either unreasonable or untenable in some way or any other such type of thing.
The client agrees that under all circumstances the current Consumer Guarantees Act (CGA) applicable within New Zealand shall be used for any disputes resolution – you agree that with these terms and conditions, that there shall be no wavier of any part or parts or sections of the CGA by any entity tasked with any dispute resolution.
Complaints
You are aware that there is the ‘Product feedback’ and ‘General enquiry’ communication with PlansMachine in the ‘CONTACT’ bar on the upper part of the main page – it is very easy to find. Should you wish to make a complaint, this must initially be done through the PlansMachine ‘Product feedback’ system. If you make a complaint to a relevant authority without having given PlansMachine an opportunity to first discuss your complaint issue, then you agree that this authority shall not accept the complaint until you have first discussed it via the PlansMachine ‘Product feedback’ system.
Agreement Summary
These Terms and Conditions set forth the entire understanding between You and PlansMachine relating to the said PlansMachine Cloud Server Online Facility and supersede any previous communications, agreements, representations, or advertising with respect to the said PlansMachine Online Facility Cloud Service.
PlansMachine will send you via email, updates from time to time about PlansMachine.
The web site Home Page contains information that is informative only of the processes and this information is not to be taken as a contract or agreement.
To engage a specific task agreement proposal with PlansMachine the client must click on the associated button relevant to activate the particular agreement proposal.
By accepting the first stage agreement proposal "Engage help desk", does not mean that the other two stages thereafter are to be considered as all-inclusive with this initial first step agreement proposal.
PlansMachine reserves the right to refuse to accept an agreement proposal should the rare occasion arise that PlansMachine considers from an ethical determination that the client has become disruptive, unreasonable or overbearing in any way shape or form. However, if the "Get full plans" agreement proposal has been accepted, PlansMachine will still address all of its agreement obligations with the council in regard to the plans and the client where actually needed, until the "Building Consent" has been granted, if the client is to be making the building consent application themselves.
Please make sure that all information that you provide us with is correct, if it is not and problems arise from this, then we will not be responsible for this and you agree that there will be an additional cost to for any amendments required as a result of this.
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