Terms of Use
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Terms of Use
1. CONDITIONS OF ACCESS FOR NABERS WEB SITE.
ACCESS TO ABGR AND/OR
NABERS WEBSITE (“THIS WEBSITE”) IS GRANTED BY THE DEPARTMENT OF ENVIRONMENT AND
CLIMATE CHANGE (“DECC”), ACTING FOR AND ON BEHALF OF THE CROWN IN RIGHT OF THE
STATE OF NEW SOUTH WALES AND ACTING AS THE NATIONAL ADMINISTRATOR OF ABGR AND/OR
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.
Disclaimer
No
warranty is given that the material located on this Website, or on any other
website referred to on this Website, is free from error or omission. Users
should exercise their own skill and care with respect to the use of the
material. Accordingly, the State of New South Wales and its servants and agents
expressly disclaim liability for any act done or omission made in reliance on
any such material and any consequences of any such act or omission. This notice
must not be erased.
DECC or any other organisation or government agency
associated with the administration of ABGR and/or 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 this Website, or reliance
on the contents of this 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 this Website;
- any product, service or information of any merchant or service provider
appearing on this Website,
- defamatory, offensive or illegal conduct of any user of this Website;
even if DECC or any other organisation or government agency
associated with the administration of ABGR and/or NABERS or their 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.
Termination of access
DECC may terminate
access to this Website at any time without giving any explanation for
justification for the termination of access, and DEUS has no liability for any
costs, losses or damages of any kind arising as a consequence of terminating
access to this Website.
Links to other websites
This Website
contains links to websites owned and operated by third parties and which are not
under the control of DECC (“Third Party Websites”). In relation to the Third
Party Websites, DECC:
- Provides the links to the Third Party Websites as a convenience to you and
the existence of links to the Third Party Websites does not imply any
endorsement by DECC of the linked Third Party Websites; and
- Makes no warranties and accepts no liability in relation to material
contained on Third Party Websites.
Alteration to these Terms
of Access
DECC reserves the right to change these terms of access:
- with or without further notice to you; and
- without giving you any explanation or justification for such change.
Relevant Jurisdiction
If any part of this agreement is
found to be void, unlawful, or unenforceable then that part will be deemed to be
severable from the balance of this agreement and the severed part will not
affect the validity and enforceability of any remaining provisions.
This
agreement will be exclusively governed by and interpreted in accordance with the
law of the State of New South Wales, Australia, without giving effect to any
principles of conflicts of laws.
You agree to the exclusive jurisdiction
of the courts of the State of New South Wales, Australia, to determine any
dispute arising out of this agreement.
2. INTELLECTUAL PROPERTY
All material on this Website 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 this Website.
Other than in accordance with the provisions of the Copyright Act, or as
otherwise stated below, no material on the Website 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 DECC, NABERS or the copyright owner.
Permission is granted to download and print the materials on this
Website for personal, in-house, non-commercial use only provided you do not
modify the materials, that you acknowledge the source, and that you retain all
copyright and other proprietary notices and disclaimers 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 this Website is not permitted without express written authorisation from
DECC.
DECC owns all right, title and interest in the ABGR and/or NABERS
Trade Marks on the Website.
DECC owns all right, title and interest in
the “Ratings Calculator” software accessed via the Website. The Ratings Software
is patent pending and is subject to copyright.
3. LIMITATION OF
LIABILITY
To the full extent permitted by law, DECC’s liability for any
implied warranty or condition is limited, at the choice of DECC, to one or more
of the following: If the breach of an implied warranty or condition relate to
goods or services:
- the supply of the goods or services again; or
- the payment of the costs of having the goods or services supplied again.
4. PRIVACY STATEMENT
PLEASE READ THE SEPARATE
PRIVACY POLICY
For further information contact
nabers@environment.com.au. All
material on ABGR and/or NABERS web site is copyright and is subject to the Terms
of Use.