Terms of use

CBD portal terms and conditions of use

Acknowledgement of reading

The Department requires you to read, accept and abide by these Terms and Conditions when accessing any area of this Portal or any of the Department's subsidiary systems linked to this portal to the extent that you use those systems. By accessing the Portal you also agree to be bound by these Terms and Conditions.

Definitions

• “Department” means the Commonwealth of Australia, as represented by the Department of Climate Change, Energy, the Environment and Water, or any other Commonwealth agency or body responsible for the administration of the Portal from time to time.
• “Portal” means both (a) the Identity Management Portal (IMP) and (b) the Assessor Portal
• “Terms and Conditions” means these terms and conditions of use.

Changes

The Department may make changes, improvements and/or modifications to the Portal at any time without notice.

Breach of Terms and Conditions

If you breach any of these Terms and Conditions, you must immediately:

• advise the Department of that breach; and
• stop using the Portal until we advise you can use it again.

Accuracy

The Department does not guarantee the completeness or accuracy of the material provided on this Portal. The Department suggests you seek your own professional, independent advice about any of your obligations that relate to the Portal, the Building Energy Efficiency Disclosure Act 2010, or the Building Energy Efficiency Disclosure Regulations 2010.

Liability

In no event shall the Department, its employees, officers, sub-contractors or third parties be liable to you for any damages, including without limitation, direct, indirect or consequential damages (including without limitation, damages for loss of profits, business interruption, or loss of information) arising out of the use, inability to use, or the results of use of this Portal, any sites linked to this site, or the materials or recommendations or information contained at any or all such sites whether based on warranty, contract or tort (including negligence) and whether or not advised of the possibility of such damages.  The Department does not accept liability for matters arising as a direct result of inaccurate information that you have provided.

Responsibility for actions

You are responsible for (and you indemnify the Department against) any loss or damage to any person arising from any one of the following:

• any breach by you of these Terms and Conditions
• any wilful, negligent or unlawful act or omission by you in relation to, or in the course of using, this Portal.

Your responsibility for activities undertaken by you through this Portal will continue despite ceasing to use this portal or having access to it.

Guarantee of Access

The accessibility and operation of the Portal relies on internet technologies outside of the Department's control. The Department does not guarantee continuous accessibility or uninterrupted operation of the Portal. If you have difficulties accessing the Portal please contact the Department.

Security

Where appropriate, the Department uses available technology to protect the security of communications made through the Portal. However, the Department does not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the portal. Internet communications may be susceptible to interference or interception by third parties. Despite its best efforts, the Department makes no warranties that the portal is free of infection by computer viruses or other unauthorised software. The Department will not be liable for any loss, damage, cost or expense resulting from any breach of a security measure (including viruses or other unauthorised software).

Log-In and password Details

You will choose a user ID password as part of your initial sign up process through the IMP. Your user ID and password is your key to accessing the Assessor Portal.  You must maintain the confidentiality of your password and you are fully responsible for all activities that occur through use of your password. Passwords can be changed at any time via the IMP. Unauthorised use and allocation of passwords is a breach of these Terms and Conditions and may lead to revocation of your access to the Portal. By agreeing to use a designated user ID and allocating a password to this user ID to access the Portal, you are agreeing to:

• comply with these terms and conditions
• keep your user ID and password secure at all times
• not disclose your user ID or password to, or share it with, others.

Right to refuse access

The Department reserves the right to refuse any application for access to the Portal by any individual. Your access to the Portal may be suspended or revoked if you do not abide by the conditions of accreditation, including the proper application of the methods and standards of assessment.

Linked Sites

This Portal may not contain all the information that you need. The Department is not responsible or liable for the availability or content of any other internet site (not provided by the Department). Access to any other internet site is at your own risk. If you create a link to the Portal, you do so at your own risk.

The Department reserves the right to object to any linking that infringes its rights. The Department has not agreed to any conduct connected with a linked site which may be unlawful or an infringement of rights.

Applicable Laws

Use of the Portal and these Terms and Conditions are governed by the laws of the Australian Capital Territory (ACT), Australia. Any claim relating to use of the Portal shall be heard by ACT Courts. If you choose to access this site from a location outside Australia, you do so on your own initiative and are responsible for compliance with applicable local laws.

Privacy

Personal information is protected by law, including the Privacy Act 1988. In compliance with the Privacy Act, the Department has appropriate measures in place to ensure that personal information is protected. Measures include procedures and systems for the receipt, management and storage of personal information and ongoing monitoring of these arrangements.

Privacy Notice

Any Personal Information collected from you through your use of the Portal may be used by the Department for the purpose of:

• administering  the CBD Program;
• assessing your application for Building Energy Efficiency Certificate; and
• any investigation of fraud or non-compliance.

The Department may provide this Personal Information to:

• the NABERS Administrator; or
• other Australian, State and/or Territory, government agencies;

for the purposes of verifying matters relevant to the information submitted to the Portal, including for any investigation of fraud or non-compliance.

Department Contact

If you need to contact the Department for any reason regarding the Portal, please contact the Commercial Building Disclosure Administrator at info@cbd.gov.au or by phoning 1800 020 131.