Welcome to Plan Heaven the online long-term maintenance planning Service.
These Terms are intended to explain our obligations as a service provider and Your obligations as a user and customer. Please read them carefully.
These Terms are binding on any use of the Service and Website and apply to You from the time that Plan Heaven provides You with the Service.
It is expected that the Plan Heaven Service, Website and these terms will evolve over time in response to user activities and feedback, and changes in New Zealand law. Plan Heaven reserves the right to change these terms at any time and any changes will take effect upon the posting of modified terms. If and when these terms are changed Plan Heaven will make every effort to communicate these changes to You via email or notification on the Website, however, it is Your responsibility to ensure that you have read, understood and agree to the most recent terms available on the website at any time you use the Service.
By joining as a User to use the Service You acknowledge that You have read and understood the terms and have the authority to act on behalf of any person or Entity for whom You are using the service. You also are deemed to have agreed to accept the terms on behalf of that person or Entity.
These terms were last updated on 1 August 2015.
Administrator: Means any User who has agreed to be appointed as a person who controls, manages and updates the Data stored in the Service on behalf of an Entity and also allows other Users to access the that Data.
Data: Means any Data that has been input into the Plan Heaven Service by You or with Your authority.
Entity: Includes any body corporate, company, trust, club, partnership, joint venture, school, university, government department or other similar corporation or incorporated society, or any individual that is a building or property owner, that uses the Service to manage their long-term maintenance plans.
Fee: Means the annual access fee payable by the Entity for continued access to the Service in accordance with the schedule set out on the Website.
Intellectual Property: Means any patent, trademark, service mark, copyright, moral right, know-how and any other intellectual property or industrial property rights, anywhere in the world whether registered or not.
Plan Heaven: Means Plan Heaven Limited and all current and future subsidiaries in New Zealand and Globally.
Service: Means the long-term planning, cash flow management, and reporting services made available on the Website. "Service" has a corresponding meaning.
Website: Means the internet site and computer programmes at the domain planheaven.co.nz or any other site operated by Plan Heaven.
User: Means the person who joins Plan Heaven whether or not they intend to use the Service. "Users" has a corresponding meaning.
You: Means any User. "Your" has a corresponding meaning.
You understand and agree that you must NOT,
Use the Website for any purpose other than the Service.
Edit, update or delete any Data for any Entity where you do not have the authority to do so.
Use inappropriate, false or misleading statements or other content in Your Data, including but not limited to content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive, or any content that may be protected by copyright or in violation of any law.
LIMIT OF SERVICE
The Service allows you to create, maintain, edit, update and delete your own Data.
The service also allows you to collate Your Data into reports that can be viewed on a web-enabled device for review. You may print a copy of Your Data or reports.
Plan Heaven does not warrant that there is provision in the Service to download your Data as an electronic file.
While the help sections are intended to provide guidance in using the Service, Plan Heaven is not qualified to, and does not provide guidance, instructions or advice in regard to how you should maintain your property including any type, frequency or cost of maintenance and if you require advice in any area of maintenance, Plan Heaven recommends that you seek advice from a suitably qualified person.
While the help sections also give suggestions in regard to compliance with some New Zealand law, Plan Heaven is not qualified in law and makes no recommendations in regard to compliance other than that if You require advice in any matter relating to law, You should obtain that advice from a suitably qualified lawyer
You solely remain responsible for all compliance relating to all legislation but in particular the Unit Titles Act 2010 and the Unit Titles Regulations 2011.
USERS AND ADMINISTRATORS
Plan Heaven grants You the right to access and use the Service via the Website within the role available to you according to your authority and capacity with, and relationship to, the Entity that has Data stored on the Website. This right is non-exclusive, non-transferable and limited by and subject to this Agreement.
You acknowledge and agree that subject to any applicable laws
You must be at least 18 years old to become a User.
You must not register as a User multiple times.
You must not impersonate another person or create a User profile for another person.
At any time Plan Heaven may require verification of your identity before allowing continued use of the Service and Website.
When a User creates an account for an Entity they immediately become the Administrator and will remain so until another User has been appointed within the Service to take over the role.
The Administrator is solely responsible for maintaining Data on the Website for any Entity for which they are the Administrator.
The Administrator is solely responsible for deciding whether or not another user can have continued access to the Data belonging to an Entity for which they are the Administrator.
If an entity lawfully determines that You are no longer authorised to be the Administrator, You will use your Administrator rights to transfer the role of Administrator to a User appointed by the Entity as Your replacement, without any damage to, or deletion of, the integrity of the Entity’s Data except to the degree You have been authorised to do so by the Entity.
You must ensure that the password you choose to gain continued access to the Service and Website, is sufficiently long and complex that another person cannot easily gain access to your account.
You must always ensure that your password is kept secure and confidential and are personally responsible for any activity that occurs under your email address and password.
You must immediately notify Plan Heaven of any unauthorised use of your password or any other breach of security.
You must also take all other actions that Plan Heaven reasonably deems necessary to maintain or enhance the security of Plan Heaven’s computer systems and networks and Your access to the Service.
YOUR OBLIGATION TO ENSURE THE ENTITY HAS AGREED TO PAY THE FEE
You and understand and agree that,
Access to the Service and Website is free for Users but an Entity is required to pay a Fee for access.
If You use the Service to create an account for an Entity, You are acknowledging that You have the authority to make a commitment on behalf of that Entity and that the Entity will pay the Fee that is due, in full, on the due date.
Once You have created an account for an Entity an invoice will be sent to the email address you have nominated as the address for Plan Heaven to send invoices. It is Your responsibility to ensure that this email address is the correct address for delivery of invoices.
You have agreed that the Entity will continue to have access to the Website and Service and that the Entity will continue to pay the Fee, until this Agreement is terminated under the provisions of clause 13 of this Agreement.
The fee remains payable by the Entity for each full year regardless of whether or not the Service has been used, or the Website accessed during any period, including any period when access to the account has been denied by Plan Heaven, for any reason by which they are entitled under this Agreement.
The Fee payable to Plan Heaven by the Entity is for access to the Service for one year in advance and accordingly, a further invoice will be sent each year by Plan Heaven to the email address maintained as the email address as the address for Plan Heaven to send invoices.
If the Fee is not paid by the due date in any year, Plan Heaven has the right to deny access to the Entity’s account and prevent access by any User, until the arrears are paid in full. Should access to the account be denied for a period, the full Fee for the period from when the last fee was paid, remains payable in full.
PLAN HEAVEN MAY CHANGE THE FEE
You and understand and agree that,
Plan Heaven may change the Fee at its sole discretion, at any time prior to an invoice being issued for any period.
Plan Heaven may also at its sole discretion change the billing period at any time prior to an invoice being issued for any period.
If any User or Entity does not wish to pay the Fee or accept the new billing period they are able to terminate this agreement under the provisions of clause 13 of this Agreement.
Title to and all Intellectual Property rights in the Service and Website and any documentation or videos relating to the Service or Website remain the property of Plan Heaven.
Ownership of Data
Title to and any Intellectual Property rights in the Data You have created remains the property of the Entity. This includes any files or images You have uploaded to the Service. Users do not have any title to or ownership of Intellectual Property rights because they have created and edited the Data on behalf of the Entity. You grant Plan Heaven a license to store and manage the Entity’s Data enabling you to access and use the Service.
You accept and acknowledge that while Plan Heaven backs up the whole website and database, it does not take a backup of Your Data individually and will not be able to restore individual body corporate accounts. It is Your responsibility to ensure hard copies of Your Data have been made and retained for any Entity where you are the Administrator.
While Plan Heaven intends that the Service should be available 24 hours a day, seven days a week, it is possible that on occasions the Service or Website may be unavailable. When Plan Heaven is required to carry out maintenance on the Service and Website including any upgrades, Plan Heaven will attempt to complete this maintenance during the hours when User activity has commonly been at its lowest. If for any reason Plan Heaven has to interrupt the Service for periods longer than Plan Heaven would normally expect, Plan Heaven will use reasonable endeavours to publish in advance details of such activity on the Website or distribute it to Users by email.
Loss of service through malicious attacks
While Plan Heaven has used the most modern and trusted security techniques and computer coding to protect the Service and Website, it acknowledges that ultimately, malicious attacks are inevitable and it is possible that a malicious attack could damage the service and any Entity’s data. Appreciating that this is a possibility, You accept that it is Your responsibility to ensure that You have taken copies of the Data belonging to any Entity where You are the Administrator.
ACCESS TO THE WEBSITE
In order to be granted continued access to the Service or Website, You must NOT,
Attempt to undermine the security or integrity of the Website, or its hosting, or Plan Heaven’s computer systems or networks.
Misuse the Service, or use it in a manner that may impair the functionality of the Service or Website, or other systems used to deliver the Service, or impair on the ability of any other User to use the Service or Website.
Attempt to gain access to any Data or accounts that You have not been granted access by the Entity, either directly or via the Administrator of that Data or account.
Transmit or upload into the Website any files or computer code that may damage the Website or Service or any other person’s or Entity’s computer systems or Data.
Not attempt to modify, copy, adapt, reproduce, disassemble, decompile, or reverse engineer any computer programmes used to deliver the Service, or to operate the Website except as strictly necessary to use the Website or Service for normal operation.
LIMIT OF LIABILITY
To the maximum extent permitted by law, Plan Heaven excludes all liability to You, or any other person or Entity, in contract, tort (including negligence), or otherwise, for any loss (including any loss of information, Data, profits, funds or revenue), or damage resulting, directly or indirectly, from any use of, or reliance upon, the Service or Website.
If You or an Entity should suffer a loss or damage as a result of Plan Heaven’s negligence or failure to comply with these terms, any claim by You or the Entity against Plan Heaven arising from Plan Heaven’s negligence or failure will be limited in respect to any one incident, or series of connected incidents, to the Fee paid by the Entity in the previous 12 month period.
If you are not satisfied with the Service, Your sole and exclusive remedy is to terminate these terms in accordance with clause 13 of this Agreement.
When you first create an account for an Entity you will be asked if you want a trial account or an active account. You are entitled to evaluate the Service under the trial account option for a period of up to 30 days with no obligation to continue with the services under an active account. If you choose to continue with an active account by the end of the trial period, the Entity will be billed from the time You first created the account. The due date for paying the Fee will be seven days from the date of the invoice or 30 days from the date the account was created whichever is the later. If you choose to not continue with the account, Plan Heaven will close the account and You and any other user will not be able to access the Entity’s account until You or another person who is authorised to make a commitment on behalf of the Entity requests an active account.
No refund of Fees
Any Fee paid by an Entity is for a full one year period whether or not You decide to use the Service for a full year. If you decide, on behalf of an Entity, that you no longer wish to continue using the service, Plan Heaven will close the account upon your request. However, Plan Heaven will not refund Fees for part periods.
May terminate in writing
Either party may terminate an Entity’s account in writing subject to the other conditions in this clause 13.
The Agreement continues unless terminated
Prior to the end of any one year period where the Fee has been paid by the Entity, Plan Heaven will issue a new invoice for the Fee for the next year of access to the Service. The due date on this new invoice will be on or after the anniversary of the date the account was created. If You do not wish to continue using the Service for another year for any Entity, you must notify Plan Heaven before the due date on the invoice otherwise the Fee will be payable. The address for sending the termination notice will be on the invoice.
Termination by breach of this Agreement
Plan Heaven may take any or all of the following actions, at its sole discretion:
breach any of the terms in this Agreement (including without limitation non-payment of the Fee in full by the due date) and do not remedy the breach within 14 days of receiving notice of the breach, if the breach is capable of being remedied, or
breach any of the terms in this Agreement and the breach is not capable of being remedied (without limitation), or Fees remain unpaid for than 30 days overdue, or
You or your Entity becomes insolvent or an Entity where you are the Administrator goes into liquidation, or has a receiver or liquidator appointed, or makes any arrangement with creditors, or becomes subject to any similar insolvency event in any jurisdiction.
Terminate this Agreement and Your and/or the Entity’s use of the Services and Website.
Suspend for any definite or indefinite period of time Your and/or the Entity’s use of the Services and Website.
Suspend for any definite or indefinite period of time Your and/or the Entity’s access to Data.
Take any or all of the actions in subclauses iv, v and vi above of this clause in respect of any or all of the other persons who are Users who access the Entity’s account.
Termination of these terms by Plan Heaven under any of the sub-clauses in this clause is without prejudice to any rights and obligations of the parties accrued up to and including the date of the termination. On termination of this agreement The Entity You are Administrator for, will remain liable for any accrued Fees which remain unpaid.
Upon termination, You will immediately cease to use the account for the Entity that has been terminated.
Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this Agreement shall not constitute a waiver as to that or any other matter, either then or in the future. Any waiver of any right or obligation under this Agreement shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation.
NEW ZEALAND LAW
This Agreement shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.