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 ENERGY, UTILITIES AND SUSTAINABILITY (“DEUS”), 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.
DEUS 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 DEUS 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
DEUS 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 DUES (“Third Party
Websites”). In relation to the Third Party Websites, DEUS:
- 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 DEUS 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
DEUS 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 DEUS, 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 DEUS, 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
DEUS.
DEUS owns all right, title and interest in the ABGR and/or NABERS Trade Marks on the Website.
DEUS 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, DEUS’ liability for any implied
warranty or condition is limited, at the choice of DEUS, 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@deus.com.au.
All material on ABGR and/or NABERS web site is copyright and is subject to the Terms of Use.