Terms of Use for www.buildingresilience.org.au

THESE TERMS OF USE (TERMS) GOVERN YOUR USE OF THIS WEBSITE, www.buildingresilience.org.au (SITE) PROVIDED BY INSURANCE COUNCIL OF AUSTRALIA LIMITED ABN 50 005 617 318 (WE, US OR OUR).  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE.  YOUR USE OF THE SITE MEANS YOU AGREE TO ABIDE BY THE TERMS BELOW.

1.    Your Rights and Obligations

(a)    We grant you the right to view all text, graphics, images and any other materials on this Site (Content) and download and/or print any Content that we have expressly permitted may be printed or downloaded on your personal computer for your personal, non-commercial use.  
(b)    We grant you the right to copy extracts from submissions, press releases, statistics or other Content on the Site for the purposes of quotation or further publication subject to the following. You agree:

(i)    to attribute the extracts copied from the Site to us or any other relevant author of such Content;
(ii)    not  to misquote or alter such Content in a manner that affects the integrity of such Content or is misleading or misrepresents the statements made on the Site by us or any other person; and
(iii)    not to falsely attribute any Content copied from the Site.

(c)    You agree you will not:

(i)    alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company or person appearing on this Site; or
(ii)    sell or licence the Content; or
(iii)    to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Site; or
(iv)    create any links from any other website to this Site without our express prior written permission; or
(v)    post or transmit on the Site any other content that contains viruses or other harmful computer code, files or programs designed to interrupt, limit or destroy the functionality of any computer software or hardware; or
(vi)    use any Content for any commercial purpose without our prior written consent; or
(vii)    use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

2.    Copyright and Trade marks

(a)    All intellectual property rights in:

(i)    the Content;
(ii)    the arrangement of the Content; and
(iii)    software and tools accessed via the Site, belong to us or is licensed to us.

(b)    The trade marks on this Site are our registered or unregistered trade marks.  
(c)    The names of other companies and products referred to on this Site may be the trade marks of their respective owners.
(d)    Nothing on the Site, or in these Terms should be interpreted as granting you any right to use any logo or other trade mark on the Site, without our consent or the consent of the relevant owner of the trade mark.

3.    Sharing our videos

(a)    We may allow you to share or embed, on third party sites, Content in videos on the Site (Video Content).  
(b)    We do not grant you any rights  in any Video Content due to the sharing and embedding functions on the Site.
(c)    We reserve all rights in the Video Content, including to require you to remove Video Content which you have shared or embedded in our absolute discretion.
(d)    You may not use the Video Content for commercial purposes except with our prior written consent.
(e)    Video Content may only be embedded or shared in accordance with the functionality of the Site.
(f)    You must comply with any request to remove Video Content as soon as possible after notification from us of such a request.

4.    No Professional Advice

(a)    The information on this Site is to provide general information and guidance in respect of insurance, the insurance industry, resilient building materials and products and disasters.  You should not use the information on this Site to replace advice by a qualified insurance, financial advisor or licensed builder.  
(b)    We strongly recommend that all individuals consult a professional before following any information provided on this Site.  You should not rely on the Site as your exclusive or primary source of information.  You must exercise independent skill and care in the choice of any insurance or products or services that may be referred to on this Site.

5.    Accuracy of Information

We are providing this Site and the Content on an “as is” basis.  While we endeavour to keep the information on the Site as accurate, complete and up to date as possible, we do not represent or make any warranty in respect of the accuracy, reliability, completeness, currency or continuous supply of any of the Content, including Video Content, contained in or distributed through, or linked, downloaded or accessed from this Site or the results obtained from using this Site.

6.    Use of the Building Resilience Rating Tool

(a)    The Building Resilience Rating Tool (BRRT) is intended to be a guide only and should not be taken as advice. The results from the BRRT are indicative approximations only and are based on the information provided by you. In developing the BRRT, we generally use a series of assumptions, which may or may not be applicable to your own circumstances.
(b)    We do not make any representation or warranty in respect of the accuracy, reliability or completeness of the BRRT. By using the BRRT, you acknowledge that the results may not be applicable to your own personal circumstances.

7.    Availability of the Site

(a)    While we try to ensure that the Site is available continuously, we do not represent or warrant that access will be secure, error free, uninterrupted or timely or that the Site or the related server are free of viruses, bugs or other harmful applications or interference. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks to satisfy your own requirements.
(b)    We may suspend your access to the Site without prior notice due to maintenance, system failure, repair or any other reason beyond our control.

8.    Third Party Sites

(a)    We may link this Site to other websites which are not under our control, or maintained by us. We have not reviewed the content of such websites for accuracy or otherwise.
(b)    We are providing these links to you only as a matter of convenience and, to the maximum extent permitted by law, we will not be responsible for the content of such websites.  
(c)    We do not endorse or recommend any products, materials or services displayed or offered on any websites which may be linked to this Site.

9.    Privacy and confidentiality

(a)    Any communication or material sent by you to the Site by electronic mail or otherwise, including any data, questions, submissions. comments or suggestions, are and will be treated as non-confidential, except to the extent that any such communication or material or any part of it comprises personal information as defined in the Privacy Act 1988 (Cth).
(b)    We respect your privacy. Our Privacy Policy, which forms part of these Terms, applies to any personal information collected by us from users of the Site and attendees at ICA events. Please see our privacy policy here

10.    Disclaimer of Warranties

(a)    We do not represent or warrant the quality or reliability of any products, services, information about any products or services, or other materials displayed, purchased or obtained by you as a result of you responding to any advertisement or any other Content in or in connection with the services and/or this Site. 
(b)    Any reliance you place on any Content including the BRRT will be at your own risk and it is solely your responsibility to ensure that the Content and any goods or services purchased as a result of this Site, including your use of the BRRT, meet your requirements.
(c)    We reserve the right, at our sole discretion, to make any correction, improvements to or to withdraw or correct any error or omission in any portion of the Content and/or service and/or Site and any products or services referred to therein without notice.

11.    Limitation of Liability

(a)    We do not warrant or represent that the Content is suitable for your requirements. Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement, we give no warranties, and you have no rights, apart from those, if any, expressly set out in these Terms and all implied conditions, warranties and rights are excluded.  
(b)    We exclude to the maximum extent permitted by law, any liability which may arise as a result of your use of the Content, including the BRRT, on this Site. Where liability cannot be excluded, any liability incurred by us is, to the extent permitted by law, limited as provided and as per our option under section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010. We will not be liable for any economic loss whether direct, indirect, incidental, special or consequential loss arising out of any action taken by you in reliance of any information or service provided on this Site.

12.    Termination  

We may terminate your access to all or any part of this Site and any related services immediately if you commit a breach of any of these Terms or otherwise upon reasonable notice.

13.    Modification to Terms  

We may change these Terms or policies relating to this Site at any time and will notify you by posting an updated version of these Terms on this Site. You are responsible for regularly reviewing these Terms. Continued use of this Site after any such changes shall constitute your consent to such changes.

14.    General

(a)    In these Terms, any reference to "you" in these Terms includes a reference to anyone acting on your behalf or with your express or implied authority.
(b)    These Terms between you and us will be governed by the laws of New South Wales, Australia.  You agree that any dispute or legal proceeding in relation to this Site shall be brought exclusively in the courts of New South Wales.
(c)    If any provision or part of a provision of these Terms is held by a court of competent jurisdiction to be contrary to law, all other provisions shall remain in full force and effect.
(d)    These Terms comprise the entire agreement between you and us.

What is the difference between this rating and supplier ratings?

The rating you see at the top of the page is the resilience rating of the generic class of building material to a particular hazard. A supplier rating is particular to a specific supplier product. For example, clay bricks may have a resilience rating of '3' to inundation but a supplier may have made specific improvements to their bricks and may be able to achieve a resilience rating of '5' for their clay brick. "

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