Legal

Terms of Service

Effective 18 April 2026

Operated by Martin Picha (ABN 66 448 014 707), trading as PlanInsight. Version: 1.1  ·  Effective date: 18 April 2026

1. About these Terms

These Terms of Service ("Terms") form a binding agreement between you and Martin Picha (ABN 66 448 014 707) trading as PlanInsight ("PlanInsight", “we”, “us”, “our”). They govern your access to and use of the PlanInsight website at planinsight.com.au and the associated web application (together, the “Service”).

By creating an account, clicking “I agree”, or otherwise using the Service, you confirm that you have read, understood, and agreed to these Terms. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms, and “you” includes that organisation.

If you do not agree to these Terms, do not use the Service.

2. Definitions

  • “Data” means any information displayed, downloaded, exported, or otherwise made available through the Service, including property, title, valuation, planning, spatial, cadastral, and utility asset information.
  • “Output” means any file, map, DXF, PDF, report, or other artefact produced by the Service.
  • “Upstream Source” means any third-party data source or service from which the Service retrieves, aggregates, or derives Data, including publicly available government and council data sources.

3. The Service

PlanInsight is an aggregation and presentation layer for publicly available Australian property, planning, cadastral, and related data. We retrieve, cache, standardise, and present Data from Upstream Sources to help professional users research properties more efficiently.

We are not the publisher or custodian of the underlying Data. We do not warrant that the Service reproduces Upstream Source Data accurately or completely. Upstream Sources may change, become unavailable, or impose new restrictions at any time, and the Service may be affected accordingly.

4. Data sources and attribution

The Service aggregates Data from publicly available government and council data sources. A current list of those sources, together with the licences and attribution requirements that attach to them, is maintained at planinsight.com.au/attributions.

By using the Service you agree that:

  • You will comply with any attribution, non-commercial, share-alike, or other licence terms that attach to Upstream Source Data, as listed on the Attributions page.
  • You will not represent the Data as originating from PlanInsight, nor strip, alter, or obscure attribution or licence notices that appear on exports or Output.
  • Upstream Sources retain all rights in the underlying Data; we grant you no rights in that Data beyond those permitted by the applicable upstream licence.

5. Accuracy, independent verification, and no reliance

The Service is provided as a professional research aid. The Data presented is indicative only and is not a substitute for a licensed surveyor, a registered valuation, a certified title search, formal council planning advice, or a current Dial Before You Dig certificate.

You acknowledge that:

  • Cached Data may be out of date by up to the cache period stated in our documentation, and Upstream Sources may themselves be out of date.
  • Spatial, cadastral, and boundary Data is approximate and must not be used as a substitute for a registered survey.
  • Planning, zoning, development application, and valuation Data must be independently verified with the relevant council or authority before any decision is made in reliance on it.
  • We make no representation that the Service covers every property, council, or jurisdiction in Australia, or that coverage will be maintained.

You must independently verify all Data before relying on it for any legal, financial, construction, excavation, conveyancing, design, or regulatory purpose.

5.1 Before You Dig Australia (BYDA) information

To provide underground utility asset information, PlanInsight lodges BYDA enquiries against properties you research, using BYDA accounts operated by PlanInsight. The asset owner responses returned to those enquiries are cached on our servers and made available to you inside the Service.

That information is provided strictly for research and early-stage planning purposes. It is tied to the enquiry PlanInsight lodged — not to you, your project, your intended works, or the date of your excavation — and therefore:

  • it does not constitute a valid BYDA certificate;
  • it must not be treated as current or complete at the time you intend to dig; and
  • it must not be used as the basis for any excavation, ground disturbance, or works affecting underground assets.

Before undertaking any such works, you must obtain your own current, project-specific BYDA certificate at byda.com.au — covering your site, your works, and your intended dig date — and comply with the safety and response information returned directly by asset owners in that enquiry.

You agree that Martin Picha (trading as PlanInsight) accepts no liability whatsoever for any damage, loss, injury, or death arising from excavation or ground disturbance conducted in reliance on BYDA information displayed through the Service without a current, project-specific BYDA certificate obtained independently by you.

For clarity: where PlanInsight lodges a BYDA enquiry via its own BYDA account on your behalf, the resulting utility responses are genuine BYDA responses valid within BYDA’s published 30-day dig window. However, because the enquiry is referenced against the property record (not your specific project, works, or timing), it does not satisfy your independent obligation to lodge a project-referenced BYDA enquiry prior to excavation.

“Before You Dig Australia”, “BYDA”, and the BYDA logo are trademarks of Before You Dig Australia Limited. PlanInsight is not affiliated with, endorsed by, sponsored by, or a partner of Before You Dig Australia. Those marks are used only to identify the referral service through which underground asset information is obtained, and no such affiliation or endorsement is implied.

6. Your account

To use most features of the Service you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration and keep it up to date.
  • Keep your password and any multi-factor authentication factors confidential, and not share your account credentials with any other person.
  • Use the Service under a single user account per natural person; accounts are not transferable.
  • Notify us immediately at hello@planinsight.com.au of any suspected unauthorised access to your account.
  • Accept responsibility for all activity conducted under your account.

You must be at least 18 years old to create an account. The Service is intended for use by property, planning, surveying, engineering, legal, and related professionals.

7. Acceptable use

You agree not to, and not to permit any other person to:

  • Use the Service in breach of any applicable law or regulation, or in a way that infringes any third-party right.
  • Bulk download, scrape, harvest, crawl, or systematically extract Data or Output from the Service beyond ordinary interactive use.
  • Use the Service, Data, or Output to build, train, populate, or enrich any product, dataset, database, machine learning model, or service that competes with the Service or with any Upstream Source.
  • Resell, redistribute, sublicense, or commercially exploit Data or Output except as expressly permitted by these Terms and the applicable Upstream Source licence.
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying cache data of the Service.
  • Circumvent, disable, or interfere with any security, rate-limiting, authentication, or access-control feature of the Service.
  • Use the Service to transmit spam, malware, or other harmful content, or to impersonate any person or entity.
  • Share a single user account between multiple natural persons.

We may apply rate limits and other technical controls to the Service at our discretion. We may suspend or terminate accounts that breach this clause without notice where we reasonably consider the breach to be serious.

8. Subscriptions, billing, and refunds

Plans and fees

Access to paid features of the Service is provided on a subscription basis. Current plans, features, and fees are set out on our Pricing page. All fees are in Australian dollars and are inclusive of GST where applicable.

Billing

Subscription fees are charged in advance on a recurring monthly or annual basis via our payment processor, Stripe. By subscribing you authorise us to charge your nominated payment method on each renewal date until you cancel.

Auto-renewal and cancellation

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period; you retain access until then.

Refunds

Except as required by the Australian Consumer Law, we do not provide refunds for unused portions of a billing period or for periods during which you did not use the Service. Where a refund is required by law, it will be provided in accordance with the law.

Price changes

We may change subscription fees with at least 30 days’ notice by email. Price changes take effect from your next renewal. If you do not accept a price change you may cancel before it takes effect.

Non-payment

If a payment fails, we may retry the charge, suspend access, or terminate the account after providing reasonable notice.

9. Intellectual property

PlanInsight, the Service software, the visual design, the user interface, and the way in which Data is aggregated and presented are owned by Martin Picha (trading as PlanInsight) and are protected by Australian and international intellectual property laws.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your own internal professional purposes during your subscription.

All rights in Upstream Source Data remain with the relevant Upstream Source. Nothing in these Terms transfers ownership of that Data to you or to us beyond the rights granted by the applicable upstream licence.

You retain ownership of any inputs you submit to the Service (for example property addresses, lot/plan references, annotations, or tasks). You grant us a non-exclusive licence to use those inputs to provide the Service to you and to operate, maintain, and improve the Service.

10. Third-party services

The Service integrates with and depends on third-party services, including payment processing (Stripe), email delivery, mapping and tile providers, and the Upstream Sources. Your use of those services may be subject to separate terms imposed by the relevant provider. We are not responsible for the acts, omissions, availability, accuracy, or terms of any third-party service.

11. Warranties and Australian Consumer Law

To the maximum extent permitted by law, the Service and all Data and Output are provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other law that cannot lawfully be excluded or limited. To the extent that we are permitted to limit our liability for a breach of a consumer guarantee, our liability is limited, at our option, to supplying the Service again or paying the cost of having the Service supplied again.

12. Limitation of liability

To the maximum extent permitted by law, and subject to clause 11:

  • We will not be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive loss or damage, including loss of profits, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss or corruption of data, or loss arising from excavation, construction, design, valuation, or conveyancing decisions, however caused.
  • Our aggregate liability to you in connection with the Service and these Terms, whether in contract, tort (including negligence), statute, or otherwise, is limited to the total fees actually paid by you to us in the 12 months immediately preceding the event giving rise to the claim.

13. Indemnity

You agree to indemnify and hold harmless Martin Picha (trading as PlanInsight) from and against any claim, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or in connection with:

  • your use of the Service, Data, or Output;
  • your breach of these Terms or any applicable upstream licence;
  • any excavation, construction, survey, design, valuation, conveyancing, or regulatory decision made in reliance on the Service; or
  • your infringement of any right of a third party.

14. Suspension and termination

We may suspend or terminate your access to the Service at any time if:

  • you breach these Terms;
  • your payment fails and is not remedied after notice;
  • an Upstream Source revokes or restricts our right to redistribute Data in a way that prevents us from lawfully providing the Service to you; or
  • we reasonably consider suspension or termination necessary to protect the Service, its users, or third parties.

You may terminate these Terms at any time by cancelling your subscription and closing your account.

On termination, your right to access the Service immediately ends. Clauses that by their nature are intended to survive termination (including clauses 4, 5, 9, 11, 12, 13, and 16) survive termination.

15. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

16. Governing law and disputes

These Terms are governed by the laws of Queensland, Australia. You and we submit to the exclusive jurisdiction of the courts of Queensland and the federal courts of Australia sitting in Queensland.

Before commencing any proceedings, the parties agree to first attempt in good faith to resolve the dispute by written notice and discussion for a period of at least 21 days.

17. Changes to these Terms

We may update these Terms from time to time. Where a change is material, we will give you at least 14 days’ notice by email and/or by a prominent notice in the Service, and we may require you to re-accept the updated Terms before continuing to use the Service. Non-material changes (such as typographical fixes or clarifications) may take effect immediately upon publication.

The current version number and effective date appear at the top of these Terms.

18. General

  • Entire agreement. These Terms, together with the Privacy Policy and any pricing or plan terms referenced in the Service, form the entire agreement between you and us about the Service.
  • Assignment. You may not assign these Terms without our written consent. We may assign these Terms to an affiliate or successor, including any entity that acquires the PlanInsight business.
  • Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force and effect.
  • No waiver. Our failure to enforce any right under these Terms is not a waiver of that right.
  • Notices. We may give you notice by email to the address on your account or by a notice in the Service.

19. Contact

Questions about these Terms should be directed to:

Martin Picha (trading as PlanInsight) ABN: 66 448 014 707 Email: hello@planinsight.com.au