1. CONDITIONS OF ACCESS FOR NABERS WEB SITE.
CONDITIONS OF ACCESS FOR NABERS WEB SITE. ACCESS TO NABERS WEBSITE IS GRANTED
BY DECC, ACTING AS THE NATIONAL ADMINISTRATOR OF NABERS ON BEHALF OF OTHER STATE AND TERRITORY GOVERNMENT AGENCIES OR
ORGANISATIONS, SUBJECT TO THE FOLLOWING CONDITIONS. YOU SHOULD THEREFORE
PERIODICALLY VISIT THIS PAGE TO DETERMINE THE THEN CURRENT VERSION OF THE
CONDITIONS OF ACCESS TO WHICH YOU ARE BOUND.
DECC or any other organisation or government agency associated with the
administration of NABERS shall in no event be liable for any
damages, loss or expense including without limitation, direct, indirect,
special, or consequential damage, or economic loss arising from or in
connection with:
any access, use or the inability to access or use the nabers.com.au website,
or reliance on the contents of the Website; any
system, server or connection failure, error, omission, interruption, delay in
transmission, or computer virus; any use of or access to any other website
linked to the nabers.com.au website; any product, service or
information of any merchant or service provider, even if DECC or any other
organisation or government agency associated with the administration of NABERS or its agents or employees are advised of the possibility of
such damages, losses and/or expenses. This exclusion clause shall take effect
to the fullest extent permitted by law.
2. RATING CALCULATOR: TERMS OF USE
You are granted a non-exclusive non-transferable licence to use the Rating
Calculator in accordance with these terms of use.
The Rating Calculator (Tool, Software), is made available free of charge for
the sole purpose of non-commercial, private use in carrying out unofficial
greenhouse ratings for your information only, it is not to be reproduced,
sold, let for hire, sub-licensed or otherwise distributed or modified, and is
available "AS IS" without any warranty of any kind.
To the fullest extent permitted by law DECC or any other organisation or
government agency associated with the administration of NABERS
expressly disclaims all warranties, whether express or implied. In no event
will DECC or any other organisation or government agency associated with the
administration of NABERS be liable for any indirect, special,
incidental, tort, economic or consequential damage or damages for negligence
or any loss of profit, whether arising out of the use or inability to use the
Software, any outcome produced by the Software or any reliance thereon, or
otherwise.
DECC or any other organisation or government agency associated with the
administration of NABERS does not warrant or represent that any
outcome produced as a result of the use of the Software is accurate, or will
be the same as, or is indicative of the outcome of any official rating by the
regional or National Administrator. You must not make any representation to
third parties based on any outcome produced as a result of the use of the
Software, and no license is granted to the use or reproduction of any DECC
logos or trademarks, or DECC's name or the names, logos or trademarks of any
other organisation included on this site. DECC or any other organisation or
government agency associated with the administration of NABERS
does not warrant that the Software is free of computer viruses or other
conditions which could damage or interfere with data, hardware or software
with which it might be used. The Software is made available on the strict
condition that the user assumes all risk of use and absolves DECC or any
other organisation or government agency associated with the administration of
NABERS of all responsibility for any consequence of its use.
Nothing in these disclaimers or terms of use operate to exclude, restrict or
modify the application of any provision of the Trade Practices Act 1974 (Cth)
or any equivalent State or Territory legislation, or any rights conferred or
liability implied by such provisions. To the extent that it is able to do so,
DECC or any other organisation or government agency associated with the
administration of NABERS expressly limits its liability for any
breach of any condition or warranty (whether implied by legislation or
otherwise) to one of the following, the choice of which is to be at DECC's or
any the other organisation's or government agency associated with the
administration of NABERS sole discretion:
the replacement of the Software; or the payment of the cost of replacing the
Software.
3. COPYRIGHT NOTICE
All material on the nabers.com.au and nabers.com.au websites is subject to
copyright under the Copyright Act 1968 (Commonwealth of Australia) and
through various international treaties and agreements under the laws of other
countries. Unless expressly stated DECC, acting as the National Administrator
of NABERS, owns the copyright in or is otherwise entitled or
licensed to reproduce all the material on the nabers.com.au and nabers.com.au
websites.
Other than in accordance with the provisions of the Copyright Act, or as
otherwise stated below, no material on the nabers.com.au and nabers.com.au
websites may be reproduced, distributed, republished, displayed, broadcast,
hyperlinked or transmitted in any manner or by any means or stored in an
information retrieval system without the prior written permission of the
National Administrator of NABERS or the copyright owner.
Permission is granted to download and print the materials on the nabers.com.au
and nabers.com.au websites for personal, non-commercial use only provided you
do not modify the materials and that you retain all copyright and other proprietary
notices contained in the materials. This permission terminates automatically
if you breach any of these terms or conditions. Upon termination, you will
immediately destroy any downloaded and printed materials.
"Mirroring" of any material contained on the nabers.com.au and
nabers.com.au websites is not permitted without express written authorisation
from DECC.
4. TRADE MARKS
DECC owns all right, title and interest in the NABERS Trade Marks
of the nabers.com.au website.
Users agree to read and abide by the terms
of use posted on this or any linked sites since DECC does not, cannot and
will not warrant or guarantee that the linked websites are complete, current,
reliable, use sound privacy principles and/or are error-free.
Similarly, DECC does not, cannot and will not, under any circumstances,
accept responsibility or liability for any loss, damage, cost or expense that
might be incurred by a user of the nabers.com.au website as
a result of the use or reliance upon any materials that appear at/on any of
the linked websites.
5. PRIVACY STATEMENT
PLEASE READ THE SEPARATE
PRIVACY POLICY
For further information contact
nabers@environment.nsw.gov.au.
All material on NABERS web site is copyright and is subject to the Terms of Use.