Terms of Use

1. Acceptance of Terms

By accessing and using the Kirin King International Pty Ltd website (the "Website"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use this Website.

These Terms constitute a legally binding agreement between you and Kirin King International Pty Ltd (ABN to be confirmed) ("KKI", "we", "us", or "our"). We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Website following any changes constitutes acceptance of those changes.

You represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are accessing this Website on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Website Purpose and Services

This Website provides general information about KKI's planning consultancy services and includes interactive tools designed to assist users in understanding property development requirements in New South Wales, Australia. The Website is intended for informational purposes only.

The services and tools available on this Website include, but are not limited to:

• General information about planning and development services
• Interactive planning tools and development visualisation features
• Exempt development check tools
• Cost estimation calculators
• Appointment booking functionality
• Contact and enquiry forms

Use of these tools and services is subject to the disclaimers and limitations set out in these Terms.

3. Disclaimer of Professional Advice

All information, outputs, checks, reports, and estimates generated by this Website, including but not limited to:

• Exempt development check results
• Cost estimates and budget calculations
• Planning tool outputs and recommendations
• Development type information and criteria
• Legislative references and interpretations

are provided for general informational and indicative purposes only. They should not be relied upon as a substitute for professional advice from a qualified town planner, architect, engineer, lawyer, or other relevant professional.

You must not:

• Rely solely on information from this Website to make decisions about property development, construction, or planning matters
• Commence any development works based solely on checks or outputs from this Website
• Assume that any check result constitutes formal approval or certification
• Use Website outputs as evidence of compliance with any statutory requirements

You should always: verify all information with the relevant local council, obtain independent professional advice, and ensure all necessary approvals and certifications are obtained before commencing any development works.

4. Accuracy and Completeness of Information

While KKI endeavours to ensure that the information on this Website is accurate and up-to-date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained on the Website.

The planning tools and check features on this Website:

• Are based on publicly available planning instruments and may not reflect the most recent amendments
• Do not consider all factors that may affect development approval, including but not limited to site-specific conditions, easements, covenants, heritage overlays, and environmental constraints
• May not account for variations in local council interpretation and application of planning controls
• Cannot assess physical site conditions, structural integrity, or engineering requirements
• Do not replace the need for formal review by relevant authorities

Planning legislation, policies, and controls are subject to frequent change. Information on this Website may become outdated without notice. Users are responsible for verifying current requirements with relevant authorities.

5. Limitation of Liability

To the maximum extent permitted by law, KKI, its directors, employees, agents, and affiliates shall not be liable for any loss or damage whatsoever arising from or in connection with:

• Your use of, or inability to use, this Website or any of its features
• Any reliance placed on information, checks, estimates, or outputs provided by this Website
• Any decision made or action taken based on information from this Website
• Any errors, omissions, or inaccuracies in the content of this Website
• Any unauthorised access to or use of our servers or any personal information stored therein
• Any interruption or cessation of transmission to or from this Website
• Any bugs, viruses, or other harmful code that may be transmitted through this Website

This limitation of liability applies to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if KKI has been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability under the Australian Consumer Law for guarantees that cannot be excluded.

6. Indemnification

You agree to indemnify, defend, and hold harmless KKI, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your use of this Website; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) any content or information you submit or transmit through this Website; or (e) any reliance you place on information, checks, or outputs from this Website.

7. Intellectual Property

All content on this Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, is the property of KKI or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws.

7.1 Proprietary Tools and Software

The following tools, features, and software applications on this Website are proprietary to KKI and represent significant investment in research, development, and design:

• Exempt Development Check Tool – including its rule engine, criteria database, user interface, and output formats
• Interactive 3D House Planning Model – including the three-dimensional visualisation, hotspot interaction system, feature selection mechanism, and all associated graphics and code
• Planning Tool – including the NSW planning data integration, address lookup functionality, and planning constraint analysis features
• Cost Estimation Calculator – including the rate library, calculation methodology, and output templates
• Booking and Consultation System – including the scheduling interface, property data integration, and consultation preparation features

These tools embody original creative expression and technical innovation protected under the Copyright Act 1968 (Cth). The underlying source code, algorithms, data structures, user interface designs, and visual elements are confidential and proprietary.

7.2 Prohibited Activities

You may access and view the content on this Website for your personal, non-commercial use only. You must not:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website without express written permission from KKI
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any software or tools on this Website
• Create competing products or services that substantially copy or imitate the functionality, design, or user experience of KKI's proprietary tools
• Scrape, harvest, or systematically collect data from this Website for the purpose of building competing databases or services
• Modify, adapt, or create derivative works based on any content from this Website
• Remove or alter any copyright, trademark, or other proprietary notices
• Use any data mining, robots, spiders, or similar automated data gathering or extraction methods
• Frame or mirror any portion of this Website without prior written consent
• Use the Website's tools, outputs, or methodology to develop similar tools for commercial purposes

7.3 Trademarks

The following are trademarks or trade names of Kirin King International Pty Ltd:

• "Kirin King" and "Kirin King International"
• The KKI logo and Kirin device
• "KKI Exempt Development Check"
• "KKI Planning Tool"
• All related names, logos, product and service names, designs, and slogans

You must not use such marks without the prior written permission of KKI. Unauthorised use of these marks may constitute trademark infringement and unfair competition under Australian law.

7.4 Enforcement

KKI actively monitors for infringement of its intellectual property rights and will take appropriate legal action against any person or entity that infringes these rights. This may include seeking injunctive relief, damages, and recovery of legal costs. If you become aware of any infringement of KKI's intellectual property, please contact us immediately.

8. User Accounts and Booking System

Certain features of this Website, including the booking system and user portal, require you to create an account or log in through our authentication system. When creating an account or using these features, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorised use of your account

Bookings made through this Website are subject to availability and confirmation. KKI reserves the right to cancel or reschedule appointments at any time. Appointment bookings do not constitute a contract for professional services until a separate engagement agreement is executed.

We reserve the right to suspend or terminate your account at any time, with or without cause, and with or without notice.

9. Third-Party Links and Services

This Website may contain links to third-party websites, including but not limited to NSW Legislation, local council websites, and government planning portals. These links are provided for your convenience and information only.

KKI does not control and is not responsible for the content, privacy policies, or practices of any third-party websites. The inclusion of any link does not imply endorsement, approval, or recommendation by KKI of the linked site or its content.

You access third-party websites at your own risk and should review the terms and privacy policies of any third-party website before using it.

10. Privacy

Your use of this Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using this Website, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

We collect and process personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. For more information about how we handle your personal information, please refer to our Privacy Policy.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them for the resolution of any dispute arising from or in connection with these Terms or your use of this Website.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The failure of KKI to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12. Changes to Terms

KKI reserves the right to modify, amend, or update these Terms at any time without prior notice. Changes will be effective immediately upon posting to this Website. The "Last updated" date at the top of this page indicates when these Terms were last revised. Your continued use of the Website after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

13. Contact Information

If you have any questions about these Terms of Use, please contact us: