YOU ARE GRANTED A NON-EXCLUSIVE, NON-TRANSFERABLE LICENSE TO USE THE RATINGS CALCULATOR ("THE SOFTWARE") IN ACCORDANCE WITH THESE TERMS AND CONDITIONS. USE OF THE SOFTWARE SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS:
The Software is patent pending and 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, the Office of Environment and Heritage acting for and on behalf of the Crown in right of the State of New South Wales (“OEH”) and acting as administrator of the National Australian Built Environment Ratings System ("NABERS") and the Australian Building Greenhouse Rating scheme ("ABGR"), owns the copyright and any patent rights in the Software.
The Software is made available free of charge for the sole purpose of non-commercial, private use in carrying out unofficial ratings and energy assessment for your information. It is not to be reproduced, modified, sold, let for hire, sub-licensed or otherwise distributed, and is available "AS IS" without any warranty of any kind.
When you use this Software we collect the following information:
Web user’s registration information, eg name and email address
Web browsing data, eg user’s internet protocol address, cookies
Data entered such as postcode, energy usage, number and type of household appliances and fixtures
You agree that OEH may use de-identified information for purposes of public reporting, analysis and research. De-identification is the process used to prevent a person's identity from being connected with information.
To the fullest extent permitted by law, OEH expressly disclaims all warranties, whether express or implied. In no event will OEH 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.
OEH 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 or energy assessment report by OEH. 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 logos, trade marks or names of OEH, NABERS or ABGR.
OEH does not warrant that the Software is free of computer viruses or other conditions that 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 OEH of all responsibility for any consequence of its use.
Nothing in this disclaimer operates to limit or exclude, any liability that cannot by law be limited or excluded. To the extent that it is able to do so, OEH 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 the sole discretion of OEH:
the replacement of the Software; or
the payment of the cost of replacing the Software or of acquiring equivalent software.