Terms & Conditions

Last updated: March 21, 2024

1.    Our mission

Our mission is to connect, inform and inspire the urban development industry by being its leading source of news, information, networking services, events and education.

Our vision is to grow a global network of people and businesses that are contributing to the development of smart and sustainable cities around the world. In doing so, we believe we will empower our community to make better decisions resulting in improved outcomes for the built environment.

2. Welcome

Welcome to The Urban Developer, operated by The Urban Developer.com Pty Ltd ACN 169 148 958 (we/us/our).

These Terms of Use (Terms) govern your use of our Site <www.theurbandeveloper.com> (Site) and your access to and receipt of the online content, information, virtual events, videos, audio recordings or other materials (Content) we make available to you (our Services). These Terms apply to your receipt of and access to our Services (which do not include our in-person events or our awards) regardless of the means in which that occurs.

3. Acceptance of Terms

1. By accepting these Terms you are creating a legally enforceable agreement between you and us (Agreement). You accept these Terms when you:

• access our Site;

• sign up to our email subscription list (Email Subscription);

• create a membership account with us to enable you to access TUD+ Membership exclusive content and/or Paid Content (as defined in term 6.2) (TUD Account);

• receive, access or download any Content; or

• by otherwise communicating to us, whether verbally or in writing, that you have been provided with these Terms and agree to be bound by them.

2. If you do not agree to these Terms you must not:

• sign up to our Email Subscription;

• create a TUD Account;

• request that we make our Services available to you; or

• access our Site, or access download or use any Content comprised in the Services.

4. Membership

4.1 TUD Account

By creating a TUD Account you acknowledge and agree:

1. to conduct yourself in a manner that is respectful and reputable at all times and not harass, bully or intimidate others accessing or receiving our Services or act in a way that could reasonably be seen to interfere with another member’s use of the Services;

2. not to register for more than one account unless part of a specialised membership plan, create an account on behalf of someone else unless you have our authorisation and the individual’s consent, or create a false or misleading identity;

3. you are required to use a personal email address to become a TUD Account Holder. Generic company email addresses (such as info@yourcompany.com) are not acceptable.

4. you are responsible for all acts and omissions of any person who uses your TUD Account, including all charges for any purchases made through your TUD Account;

5. you are responsible for all incidental costs associated with accessing the Services including any mobile, data and internet usage costs;

6. not to transfer or provide access to your account to any other person and to maintain the security of your TUD Account, including by keeping the password to your TUD Account secret and using a strong password more than 8 characters long with a mix of numbers, letters, symbols and upper and lower case;

7. to notify us immediately in the event of any known or suspected unauthorised use or access of your TUD Account, or any other suspected breach of security including loss, theft, or disclosure of your password;

8. to take the necessary steps to prevent the continuance of any unauthorised use of your TUD Account by contacting us to change your password (or using such other functionality to change your password as we provide), informing the police (where appropriate) and contacting the financial institution connected with your TUD Account to prevent any further charges being processed for unauthorised transactions; and

9. to update and keep your personal information relating to your TUD Account accurate, including without limitation your email address, Billing Information (defined in clause 4.2 below) and any other information relating to the creation of your account;

10. any information that you submit, post, display or otherwise make available on our Site whilst using the Services (Member Contributions) may be viewed, edited and shared by other members. We may, in our absolute discretion, remove any Member Contributions from our Site without prior notice to you.

4.2 TUD+ Membership

1. To become a TUD+ member you must: (i)  create a TUD Account; and (ii) add your nominated payment method to your TUD Account, which may include:

• a Visa, Mastercard or American Express credit card;

• a bank account we can direct debit from;

• a paypal account we can charge; or

• any other payment method we publish as acceptable from time to time

(altogether Billing Information).

3. Your TUD+ Membership will continue until you cancelled or terminated under clause 12.

4. You may upgrade your membership from the Email Subscription by creating a TUD Account at any time.

5. You must be at least 18 years of age to become a TUD+ Member. Minors may only use the Services under the supervision of an adult.

5. Service Requirements & Limitations

1. You acknowledge that it is your responsibility to ensure that your internet connection and devices are adequate to access our Services.

2. We use all reasonable efforts to ensure the general availability of the Services, however, to the fullest extent permitted at law:

   1. we do not warrant or guarantee the Services are uninterrupted or error free;

   2. we do not take any responsibility for faults, delays, or interruptions to the Services, including where caused by:

• misuse or user error;

• your internet access, software or equipment; or

• the delays, action, or inaction of any third party or any third party service, software or equipment.

3. We will use our best endeavours to provide you with notice of planned maintenance and upgrades to the Site and to restore any Content as soon as practicable where is it down for any reason.

6. Billing

6.1 Subscription Fees and Payment

If you become a TUD+ Member:

1. you will be charged the Subscription Fees published on our Site and otherwise notified to you at the time of your TUD+ Membership commencing;

2. unless otherwise agreed to through a corporate TUD+ membership, your Billing Information linked to your TUD Account will be charged, for payment of the applicable Subscription Fees and we reserve the right to include any third-party payment processing costs we incur as a result of processing your transaction, as an additional charge;

3. we will automatically charge your Subscription Fees on the basis applicable to your membership tier as published on the Site, commencing from the date that you become a TUD+ Member; and

4. we may increase our Subscription Fees at any time by giving you at least one calendar months' notice, except where such increase is required by law or any regulatory authority (in which case we will give you notice as soon as reasonably practicable).

6.2 Paid Content

1. From time to time, we may make Content additional to our free content, email subscription content and TUD+ Membership content available for purchase by TUD Account Holders (Paid Content).

2. The costs of Paid Content will be clearly published by us prior to your purchase and must be paid for in advance.

3. If you have a TUD Account with Billing Information, this designated payment method will be charged upon your completion of the purchase, unless otherwise agreed to through a corporate TUD+ Membership.

7. Variation

1. Subject to sub clause (b), we reserve the right to modify, permanently or temporarily remove, disable or discontinue (Vary) any of our Services and Content at any time without further notice to you. We also reserve the right to Vary the inclusions and features of each of our TUD+ Membership tiers.

2. To the extent that you have purchased Paid Content, we will only Vary the Services relating to that Paid Content in a manner that does not cause it to be materially different from that which was publicised, considered reasonably. You acknowledge and agree that Variations to the Paid Content we may make include:

• altering the format;

• substituting educators, panelists, moderators or presenters; and/or

• changing planned timing.

1. We will endeavour to provide you with notice of any Variations, prior to the Variations becoming effective or as soon as reasonably possible following our implementation of the Variation.

Your continued use of our Services following a Variation will constitute your acceptance of these Terms and our as Varied Services.

8. Policies and supplemental terms

8.1 Policies

1. We may from time to time implement policies that govern the way in which we provide our Services, or how you may access, use and pay for Content forming part of our Services (Policies).

2. All of our current Policies are available on our Site. You agree to: (i)  review and from time to time revisit each of our Policies; and (ii) comply with your obligations under each of our Policies.

3. None of our Policies form a part of this Agreement. You acknowledge and agree that we may reasonably Vary our Policies, including by introducing new Policies in our sole discretion. We will publish Variations to any of our Policies on our Site prior to, or at the time of the Variation becoming effective.

8.2 Supplemental terms

1. We may from time to time, set out supplemental terms that will govern:

• your access to and use of specific types of unique Content, including Paid Content, offered by us as part of our Services (Special Content);

• the provision of any content you have created being supplied to us; and

• other non-standard interactions between us.

2. Before you access and utilise any Special Content, provide content to us or otherwise interact with us, in circumstances where you have been given supplemental terms, you must first agree to and accept those supplemental terms. Upon doing so, you agree that those supplemental terms amend the Agreement so as to be incorporated into it.

3. The provisions of these Terms will prevail to the extent of any inconsistency between the supplemental terms, unless the inconsistency is expressly recognised in the supplemental terms in which case they will prevail to the extent of that inconsistency.

9. Intellectual Property

1. Except as provided for in these Terms, you must not without our express written authority engage in the use, copying, reproduction, display, modification or distribution of any of our Services or the Content available through our Services.

2. You must not utilise any tool, program, script or application for the purpose of scraping, indexing, surveying or otherwise data mining any portion of our Services or Content.

3. You must not attempt to gain unauthorised access to or impair any aspect of our Services, or otherwise undertake or engage in actions that impede the operation or functionality of our Services.

4. Nothing in these Terms is to be construed as an assignment or transfer to you of any ownership in any intellectual property rights comprised in the Services or the Content.

5. We take the protection of our intellectual property rights, and those of our licensors, seriously. Where we deem it necessary, we will not hesitate to take all steps necessary to prevent the infringement of those intellectual property rights.

10. Third Parties

10.1 Third Party Software

1. In order to deliver our Services, we may require you install, implement and/or incorporate third party software tools (Software). You acknowledge and agree that you are solely responsible for:

• your compliance with any terms and conditions relating to your use of the Software; and

• all fees and costs relating to your access and use of the Software.

2. We will not be responsible for any loss or damage you suffer in connection with the Software.

10.2  Third Party Sites

1. Our Services may contain links to third party Sites and content that are outside of our control (Linked Sites). We take no responsibility for content contained in any Linked Site and do not endorse any aspect of a Linked Site. Such links are provided for convenience only and are accessed and used entirely at your own risk.

2. We have no control over Linked Sites or the content within them. We cannot and do not guarantee, represent or warrant that the content contained in any Linked Site is accurate, legal or inoffensive.

3. We do not assume any responsibility or liability for the actions, products, services and content of any Linked Site. You should carefully review each Linked Site’s privacy statements and other terms and conditions of use. If you choose to purchase goods or services from a third party, including one accessed from our Services, you are entering a separate agreement with that third party, and expressly acknowledge that we are not a party to that transaction.

11. Disclaimer

1. You acknowledge and agree that the Services are provided strictly for educational and professional development purposes only and are in no way to be construed as professional advice. Any action taken by you on the basis of the information contained in the Content and the Services is at your risk.

2. Where we provide information about a product or service, the nature of the information is solely intended to describe the product or service in a manner that allows you to consider whether to acquire the product or service. Such information is in no way to be construed as advice.

3. You acknowledge that we make no warranty or representation in relation to the availability of Content through our Services. We do not provide refunds where you are unable to access content that you are seeking which is not comprised as part of the Content available through our Services.

4. Our Content and Services are provided on an “as is” basis with all faults and without warranty.

5. Unless specifically provided for in these Terms, all conditions and warranties (express or implied) are expressly excluded. However, nothing in these Terms operates to exclude, restrict or modify any statutory or other right that you are granted under the Competition and Consumer Act

2010 (Cth) or other fair trading laws, that cannot be excluded, restricted or modified.

12. Termination

12.1 Your cancellation

1. If you wish to cancel your:

   1. TUD+ Membership, you may do so at any time via your TUD Account; or

   2. Email Subscription, you may do so at any time by unsubscribing via our email communications or within your TUD Account.

2. When you cancel:

   1. an Email Subscription, your access to the email subscription Services will cease immediately; or

   2. a TUD+ Membership, your access to the exclusive TUD+ Membership Content will cease immediately and we do not provide refunds or credits for any partial membership periods or unwatched Content (including Paid Content).

12.2 Our termination

1. These Terms and your TUD Account may be terminated:

• immediately by us if you are in breach of these Terms; or
• upon us providing you with at least 14 days written notice.

2. If we terminate these Terms as a consequence of your breach, you agree that you forfeit the payment of Subscription Fees or Paid Content you have made, even where the Services or Content has not been accessed or received by you.

3. If we terminate without cause, we will refund you, on a pro rata basis, an amount equal to the Subscription Fees paid, but not received by you.

12.3 Effect of termination

1. Subject only to term 12.2(c), payments of Subscription Fees or Paid Content are non-refundable, and we do not provide refunds or credits for any partial membership periods or unwatched Content (including Paid Content).

2. You must immediately pay us any and all amounts owing to us in connection with these Terms.

3. Termination does not affect any accrued rights of a party under these Terms.

13. Liability and Indemnity

1. To the maximum extent permitted by law, we will not be liable for any loss or damage (including indirect or consequential loss or damage such as loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of your use of our Services or access to the Content.

2. You hereby indemnify us (including our directors, officers, employees, suppliers, content partners and licensors) (Indemnified Persons) from and against any loss, damage, liability, costs, expenses or other liability suffered or incurred, arising out of or in connection with any claim, demand, suit or proceeding brought against us by you or any person that you are responsible for that relates to:

• your use or access to our Services or Content; and

• our suspension or cancellation of any of your rights under these Terms (provided such suspension is in accordance with these Terms), unless the loss, damage, liability, cost, expense or other liability is caused by our breach of these Terms or our negligence, in which case the indemnity will be reduced proportionately to the extent that we have contributed to the loss, damage, liability, cost, or expense suffered or incurred.

14. Dispute Resolution (Mediation)

1. If a dispute (Dispute) arises between the parties to this Agreement (Participants) that arises out of or in connection with this Agreement (including any dispute as to the validity of this Agreement) which they cannot resolve, then the parties agree that before any court or arbitration proceedings (other than for urgent interlocutory relief) are commenced with respect to the Dispute, the following steps must be taken to attempt to resolve the Dispute.

2. The party claiming that a Dispute has arisen must deliver to the other parties a notice containing particulars of the Dispute (Dispute Notice).

3. During the period of 10 business days after delivery of the Dispute Notice, or any longer period agreed in writing by the parties to the Dispute (Initial Period), the Participants must use their reasonable endeavours and act in good faith in an attempt to resolve the Dispute.

4. If the Participants cannot resolve the Dispute within the Initial Period then unless they all agree otherwise, the Participants must refer the Dispute to the Resolution Institute for the facilitation of a mediation according to the Resolution Institute’s Mediation Rules.

5. If within 10 Business Days after the referral of the Dispute to the Resolution Institute the parties have not agreed upon the mediator or any other relevant particular, the mediator and the particular not agreed will be determined in accordance with the Resolution Institute’s Facilitation Rules.

6. All Participants must participate in the mediation in good faith and cooperate with the Resolution Institute as a facilitator.

15. Standard Provisions

15.1 Assignment

1. You must not assign or otherwise deal with your rights under these Terms except with our prior written consent.

2. We may at any time assign, novate or otherwise deal with our rights under this Agreement as we determine and without further notice to you.

15.2 Costs

Each party will pay their respective costs and expenses of and in connection with the negotiation, preparation, execution, and performance of these Terms.

15.3 Force Majeure Event

Neither party is liable for any breach of its obligations under these Terms to the extent that the breach resulted from any event that is outside the reasonable control of the affected party and could not have been prevented by that party taking reasonable steps.

15.4 Goods and Services Tax

1. Unless otherwise expressly stated, all amounts stated to be payable under these Terms or in connection with them are exclusive of goods and services / value added tax (GST). If GST is imposed on any supply made under or in accordance with these Terms, then the GST payable must be paid to the supplier as an additional amount by the recipient of the supply, provided the supplier provides a tax invoice in respect of the taxable supply.

2. If a party is entitled to be reimbursed or receive compensation for any of its costs, expenses or liabilities then the amount to be paid is to be reduced by the input tax credits to which that party is entitled to receive in relation to those amounts.

15.5 Notices

1. Any notice given under or in connection with these Terms must be in legible writing, in English and be delivered by email to the addressee at the addressee’s specified email address which in your case is the address you detailed when creating your TUD Account and in our case the addresses published on our Site.

2. A notice will be deemed to be received by the addressee at the time of receipt in accordance with section 24 of the Electronic Transactions (Queensland) Act 2001 (Qld).

15.6 General

1. Except as otherwise expressly set out in these Terms, the Agreement may only be varied by a further written agreement accepted by or on behalf of each of the parties.

2. Unless these Terms expressly state otherwise, a party may in its absolute discretion, give conditionally or unconditionally or withhold, any consent under these Terms. To be effective any consent under these Terms must be in writing.

3. These Terms contain the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by these Terms and has no further effect.

4. These Terms are governed by the law in force in Queensland, Australia (Jurisdiction) and each party submits to the non-exclusive jurisdiction of the courts of the Jurisdiction, in relation to any proceedings that may be brought at any time relating to these Terms. Each party irrevocably waives any objection to proceedings being commenced in the Jurisdiction.

5. Any indemnity given in these Terms survives the expiry or termination of these Terms and a party may enforce a right of indemnity at any time, including before it has suffered loss.

6. Each party represents and warrants to each other party that it has the power to enter into and perform its obligations under these Terms and these Terms creates valid and binding obligations enforceable in accordance with their terms.

7. Any provision of these Terms that are illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of these Terms which remain in force.

8. The non-exercise of or delay in exercising a right of a party will not operate as a waiver of that right, nor does a single exercise of a right preclude another exercise of it or the exercise of other rights. A right may only be waived by written notice signed by the party to be bound by the waiver.

Contact Us

If you have any questions about these terms, please contact us.