Terms and Conditions

1. Definitions

• “Platform” means the Upzone website, web application, and API located at upzone.au and related subdomains.
• “Services” means the planning intelligence features provided through the Platform, including property search, zoning lookup, feasibility assessment, development application tracking, and related tools.
• “User” or “you” means any individual or entity who accesses or uses the Platform.
• “Account” means a registered user account on the Platform.
• “Planning Data” means zoning information, overlay maps, development controls, development application records, and other planning-related data displayed on the Platform.
• “Subscription” means a paid plan providing access to additional Services beyond the free tier.
• “We”, “us”, or “Upzone” means Upzone Pty Ltd (ABN 63 695 081 326), a company registered in New South Wales, Australia.

2. About the Service

Upzone is a planning intelligence platform that aggregates, structures, and presents planning data sourced from official government planning instruments, spatial datasets, and council portals across Australia.

The Platform is designed to assist property professionals, developers, planners, and buyers in understanding the planning context of a property. The Services are provided for informational purposes only and do not constitute legal advice, planning advice, or a formal assessment of development potential.

You acknowledge that planning rules are complex, subject to frequent amendment, and may be interpreted differently by different councils and assessment bodies. The Platform does not replace the need to consult qualified planning professionals, obtain formal council certificates (such as section 10.7 certificates under the Environmental Planning and Assessment Act 1979), or seek independent legal advice.

3. Account Terms

To access certain features of the Platform, you must register for an Account. When you register, you agree to:

• provide accurate, current, and complete information during registration;
• maintain the security of your password and accept responsibility for all activity under your Account;
• promptly update your Account information if it changes; and
• notify us immediately of any unauthorised use of your Account.

You must be at least 18 years of age to create an Account. By registering, you represent and warrant that you meet this age requirement.

4. Subscriptions and Billing

The Platform offers tiered subscription plans. Details of current plans and pricing are available on our pricing page.

• All prices are displayed in Australian Dollars (AUD) and are inclusive of GST where applicable.
• Subscriptions are billed monthly in advance. Your subscription will automatically renew at the end of each billing period unless cancelled.
• We will provide at least 30 days’ notice before any changes to subscription pricing take effect.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. No pro-rata refunds are provided for partial billing periods.
• If we materially reduce the features available in your subscription tier, you may request a refund for the unused portion of your current billing period.

5. Acceptable Use

You agree not to use the Platform to:

• scrape, crawl, or use automated tools to extract data from the Platform beyond the scope of your subscription;
• redistribute, resell, or sublicense Planning Data obtained from the Platform without our prior written consent;
• present Planning Data from the Platform as official government data, or misrepresent the source or authority of any data obtained from the Platform;
• exceed the API rate limits or usage quotas applicable to your subscription tier;
• interfere with or disrupt the Platform or its infrastructure;
• use the Platform for any purpose that is unlawful or prohibited by these Terms; or
• attempt to gain unauthorised access to any part of the Platform, other user accounts, or our systems.

6. Intellectual Property

7. Government Data Sources

The Platform incorporates data sourced from government agencies across Australian states and territories. Your use of this data is subject to the terms imposed by each data custodian. By using the Platform, you agree to comply with the applicable terms for each jurisdiction’s data as set out below.

We update government data on a regular basis but cannot guarantee that data reflects the most recent publications by each agency. Where government data licences impose additional restrictions beyond these Terms, those restrictions prevail.

8. Data Accuracy and Disclaimers

Without limiting the generality of the above:

• zoning and overlay information may not reflect recent amendments to Local Environmental Plans (LEPs), State Environmental Planning Policies (SEPPs), or other planning instruments;
• feasibility assessments are automated estimates based on publicly available planning controls and are not a substitute for a formal development feasibility study;
• development application data is sourced from council portals and may not be complete or current;
• the Platform does not account for all planning considerations, including but not limited to site-specific constraints, contamination, Aboriginal heritage, threatened species, or other matters that may affect development potential; and
• information on the Platform is not a substitute for a section 10.7 planning certificate, a formal planning assessment, or professional advice from a qualified town planner, surveyor, or lawyer.

To the maximum extent permitted by law, we exclude all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You accept full responsibility for any decisions made in reliance on information obtained from the Platform. We strongly recommend verifying all Planning Data with the relevant local council and obtaining independent professional advice before making any planning, development, or property purchasing decisions.

9. Limitation of Liability

To the maximum extent permitted by law, our total liability to you for any claims arising out of or in connection with the Platform or these Terms is limited to the total fees paid by you to us in the 12 months preceding the claim.

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of opportunity, or loss arising from reliance on Planning Data, whether arising in contract, tort (including negligence), or otherwise.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot be excluded, restricted, or modified under the Australian Consumer Law or any other applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Upzone, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• your breach of these Terms;
• your use of the Platform or Planning Data, including any decisions made in reliance on information obtained from the Platform;
• your violation of any applicable law or regulation; or
• your infringement of any third-party rights, including intellectual property rights.

We agree to indemnify you against any claims arising directly from our breach of these Terms or our negligence in the operation of the Platform, subject to the limitations set out in section 9.

11. Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). For major failures with the Services, you are entitled to cancel your subscription and receive a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

If the failure does not amount to a major failure, you are entitled to have the Services re-supplied or to a refund for the unsupplied part of the Services.

12. Privacy

Your use of the Platform is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

13. Termination

14. Dispute Resolution

If a dispute arises out of or in connection with these Terms, the parties agree to follow the resolution process below before commencing court proceedings (other than proceedings for urgent interlocutory relief):

• Notification. The party raising the dispute must notify the other party in writing, setting out the nature of the dispute and the outcome sought.
• Negotiation. Within 14 days of notification, the parties must attempt to resolve the dispute through good faith negotiation between their respective representatives.
• Mediation. If the dispute is not resolved within 28 days of notification, either party may refer the dispute to mediation administered by the Australian Disputes Centre (ADC) in Sydney, NSW. The costs of mediation will be shared equally.
• Litigation. If the dispute is not resolved within 14 days of commencement of mediation, either party may commence court proceedings in accordance with section 17.

15. Changes to These Terms

We may update these Terms from time to time. We will provide at least 30 days’ notice of material changes by email to the address associated with your Account and by posting a notice on the Platform. Your continued use of the Platform after the effective date of the revised Terms constitutes your acceptance of the changes.

16. General Provisions

• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Upzone regarding the Platform.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
• Waiver. A failure by us to enforce any right under these Terms does not constitute a waiver of that right.
• Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

17. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales. To the extent of any inconsistency between these Terms and the Australian Consumer Law, the Australian Consumer Law prevails.

18. Contact