By using this ABCB Code + Standards service, you are agreeing to the terms and conditions of this contract.
The service is supplied by SAI Global Limited ABN 67 050 611 642, 286 Sussex Street, Sydney NSW 2000, ("Licensor")
You, the user, are the "Licensee"
The Service is the provision of online or CD/DVD access to an electronic version ofthe purchased ABCB Code, plus the Australian Standards® that are primary references in the Code. By using this Service the Licensee agrees to be bound by the terms and conditions of the Service set out in this agreement.
1. Definitions and Interpretations
Australian Standards® means Australian Standards® that are called up as primary references in the ABCB Code. The edition of each Australian Standard® provided under this service is aligned with the edition called up in the Code. Australian Standard® is the registered trademark of Standards Australia Limited. Australian Standard® branded standards and other publications are distributed by the Licensor under licence.
ABCB Code means the complete current version of one or more of the following the National Construction Code (NCC), the Building Code of Australia (BCA) or the Plumbing Code of Australia (PCA) incorporating amendments. The ABCB Codes are published by the Australian Building Code Board (ABCB) and are copyright of the Commonwealth, the States, and the Territories of Australia. The ABCB Codes are reproduced in this service under license from the ABCB, and are therefore not the official version. SAI Global warrants it takes the utmost care to ensure the licensed version of the ABCB Codes incorporated in this service are at all times fully aligned with the ABCB version.
Commencement Date means the date that the Service is initially provided to the Licensee, as set out in section 4.
Initial Term is the initial 12 months of the agreement from the Commencement Date.
Intellectual Property means all current and future registered and unregistered rights, including copyright and trademarks, in respect of the Service.
Internal Use means use of the Service within the Licensee that is the company or other legal entity identified by the ABN provided.
Licensee means the purchaser and user of the Service.
Licensor means the supplier of the Service.
Primary References means those Australian Standards® specifically referenced in the ABCB Codes
Reference Collection means a hard copy collection comprising more than 10% of the number of standards within the Service subscribed to by the Licensee.
Service means the provision of on-line or CD ROM access to electronic files containing one or more of the following the National Construction Code (NCC), the Building Code of Australia (BCA), the Plumbing Code of Australia (PCA) which make up the ABCB Codes plus the Australian Standards® that are primary references in the ABCB Codes
Subscription means a 12 month fixed term access to the Service, renewable by the Licensee on the terms of this agreement on each anniversary of the Commencement Date.
Subscription Period means the period for which the Licensee has paid the relevant Subscription fee on the terms of this agreement
Concurrent user license means the service can only be simultaneously used by the number of users for whom licenses have been purchased, e.g. if you require any 2 Internal Users to be able to access the service simultaneously, you must secure 2 licences, 3 licences for 3 simultaneous Internal Users etc.
2. Service terms and conditions
The Licensee is granted a non-exclusive and non-transferable licence to use the Service during the Subscription Period on the terms and conditions of this agreement.
The service is provided on a concurrent Internal User basis. Please contact SAI Global should you require multiple simultaneous Internal Users.
The Licensor does not transfer any rights in the Service or Intellectual Property, but grants to the Licensee a licence to use the Service on the terms of this agreement. It is expressly agreed that the Licensor retains all title and rights of ownership, including copyright or other intellectual property rights, or distribution rights to the Service and Intellectual Property and the Licensee is provided with the Service subject to those rights.
The Licensee does not own the electronic PDF files, any disks, documentation or manuals on which the Service or Intellectual Property is originally or subsequently recorded or fixed.
In consideration for entering into this agreement and agreeing to pay the Subscription fees to the Licensor, the Licensee may use the electronic PDF files to obtain information contained in them for its Internal Use on the terms of this agreement.
For Australian Standards® included in the service, the Licensee may:
- make paper reproductions of downloaded standards, but such printed versions must be for internal organisation use only;
- download and store electronic copies for temporary off-line uses. The Licensee acknowledges that downloaded copies are encoded with a predetermined expiry date, after which they cease to be accessible.
For reproduction in whole or in part of Australian Standards® provided by this Service other than in accordance with the terms of this agreement, prior permission in writing must be obtained from The Copyright Officer, SAI Global Ltd, GPO Box 5420, Sydney NSW 2001.
In relation to the ABCB Codes included in this service:
© The Commonwealth and the States and Territories of Australia [1996]
The ABCB Codes are the copyright of the Commonwealth, the States and the Territories of Australia. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced without prior written permission. Requests and inquiries concerning reproduction and rights should be directed in the first instance to the General Manager, Australian Building Codes Board, GPO 9839 Canberra ACT 2601.
This is an unofficial version of the ABCB Codes and is reproduced under licence from the Australian Building Codes Board and neither the Commonwealth, the States or the Territories have any responsibility for nor give any warranty in relation to the accuracy or content contained therein.
The Licensee must not:
- use, modify, copy, adapt, supply, transmit, translate, reverse engineer, decompile, disassemble or create derivative works based on, send by email, reproduce, or do any other thing in relation to the electronic PDF files;
- challenge or call into question the Licensor’s ownership of Intellectual Property rights in respect of the Service;
- transfer a PDF file to any other party without the prior written consent of the Licensor;
copy or circulate electronically, including by electronic mail, the Service including for Internal Use; - use hard copy printed copies other than for Internal Use or download electronic copies of Standards other than for temporary off-line purposes; or
- use printed hard copies or downloaded electronic copies of the Service to build up a Reference Collection.
The Licensee acknowledges that no promise, representation, warranty or undertaking (other than any contained in this agreement) has been given by the Licensor or any person on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the use of the Service and the Licensee relies wholly on its own skill and judgment in deciding to use the Service.
To the extent permitted by law, no warranty or representation is made by the Licensor or any party connected with this Service, express or implied, with regard to the quality, utility, completeness or accuracy of the Service. The use of the Service is at the Licensee’s sole risk and no liability will be accepted by the Licensor or any party connected with this Service for any damage, direct, indirect, special or consequential, arising directly or indirectly in respect to the Service.
The Service must not be used in a manner, or associated with material that would damage the reputation or goodwill of the Licensor or the owner of the Intellectual Property.
The Licensor is not liable to indemnify the Licensee and must not be joined by the Licensee in relation to any claim or proceedings made or brought by the Licensee arising from the use or inability to use the Service.
The Licensee agrees to indemnify and keep indemnified the Licensor against any claim by a third party (whether in negligence or otherwise) for loss or damage of any kind arising from the Licensee’s use or inability to use the Service.
The Licensor has no liability to the Licensee if the Licensee is prevented or delayed from performing any of its obligations or using the Services under this agreement due to circumstances beyond the Licensor’s reasonable control, including without limitation in relation to telecommunications.
3. Right of Licensor to vary the agreement
The Licensor may make the following variations to the Service or the terms of this Agreement without notice at any time:
- Adjustment of pricing due to an increase of Government charges or taxes;
Adjustment of pricing for the Services where there is a variation to the Services required by the Licensee. - The Licensor may vary all other terms and conditions of this agreement and the annual Subscription fee payable for the Service by notice not less than 30 days before the next anniversary of the Commencement Date, to take effect from that date.
4. Term and termination or suspension of the Service
The Service will not commence until the Licensor has received the full subscription amount for the Initial Term and the Licensee has elected the form of electronic access to the Service. The commencement date for the Service is, as applicable, the date that the log-in and password is emailed to the Licensee.
This agreement is for the Initial Term, and may be renewed annually by the Licensee by payment of a further 12 months subscription on or before the due date, which, unless otherwise agreed, is the anniversary of the Commencement Date. Unless a renewal payment is received, the service terminates on the anniversary of the commencement date.
Without prejudice to any other remedies the Licensor may have against the Licensee for breach of this agreement, the Licensor may terminate this agreement or suspend the Service immediately if the Licensee commits any breach of this agreement not capable of remedy or does not remedy a breach capable of remedy within 14 days of the receipt of a notice specifying the breach.
The Licensor may terminate the agreement, and provision of the Service, by giving notice to the Licensee not less than 30 days before the next anniversary of the Commencement Date.
Printed or downloaded electronic copies of any part of the Service must be removed or destroyed on non-renewal of the Service subscription or termination of this agreement. At its discretion, the Licensor may require the licensee at its own cost to provide a certificate that removal or destruction has occurred.
From the date of termination, the licence granted under this agreement also terminates.
5. Governing Law
This agreement is governed by and must be construed in accordance with the laws of the State of New South Wales.
6. GST
Unless expressly included, the consideration for any supply made under or in connection with this agreement does not include GST. To the extent that any supply made under or in connection with this agreement is a taxable supply, the consideration for that supply is increased by amount equal to that consideration multiplied by the rate at which GST is imposed in respect of that supply. For the purposes of this term, GST means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 and words used in this term that have a defined meaning in that Act have the same meaning in this term unless the context requires otherwise.
