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Information last reviewed at:
01 February 2008

Online Purchase Terms and Conditions

1. When do these terms and conditions apply?

   These terms and conditions (Terms) are a legally binding contract between you or the organisation you represent (You) and the Australian Building Codes Board (a body established by agreement between the Commonwealth, State and Territory Governments) (Us, We, Our).  They apply whenever You purchase a Product from Us using Our Online Facility and also govern Your use of that Product.

2. You should read these Terms in conjunction with our privacy statement, website copyright statement and other website disclaimers and any additional terms and conditions (such as user restrictions) which apply to Your subscription for and Use of a particular Product (as notified by Us at the time You purchase the Product) (Supplemental Terms).

   Special meanings

   When used in these terms and conditions:

   BCA means the Building Code of Australia as revised and reissued from time to time.

   Intellectual Property Rights means all current and future registered and unregistered rights in respect of patents, copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, invention and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.

   Online Facility means Our website purchase facility.

   Online Product means a Product that is available by subscription over an internet portal or link. It includes (but is not limited to) BCA Online.

   Product means a product which We have advertised for sale on this website. It includes (but is not limited to) the BCA in the various formats and media in which we supply it. It also includes all associated software, disks, manuals and other materials incorporated in or supplied with a product.

3. Ordering Products
   • You must be registered to use the Online Facility before you can order a Product using the Online Facility. The registration process is described on our website at [http://www.abcb.gov.au/].
   • Receipt of your order (or Our confirmation of Your order) does not require Us to supply the Product to You. We must receive payment for the Product as described below in section 4 of these Terms.
   • You are responsible for correctly entering all requested order information. If incorrect information is entered, it may result in you receiving and being liable to pay for unwanted Products.
   
   
4. Payment
   • Your order for Products must be accompanied by payment of the specified purchase price and courier delivery costs (using one of the prescribed payment methods) by available credit or otherwise in immediately available funds.
     
5. Delivery
   • Where you have purchased Products which require physical delivery (for example, printed editions or DVD copies of the BCA), we will usually be able to make courier delivery within [4-5 working days] days of the purchase date. Bulk orders or deliveries to some locations may take longer than this.
   • Where you have purchased an Online Product, we will usually be able to arrange access to that Product for You within [1 working day] day of the purchase date.
   • The above timeframes are indicative only. We do not guarantee that Products will be delivered or made available to You within a particular timeframe. While we will make every reasonable effort to contact You if we become aware that Your purchased Products have not been delivered to You, we are not responsible to You where this is due to Your having supplied Us with incorrect delivery details. Extra freight and administrative costs may apply if we have to redirect a Product to another destination to that originally nominated by You.
   • The risk in relation to Products will pass to You when the Products are delivered to You. Title to Products remains at all times with Us.
     
6. Returns and Refunds

   You may request a refund of the purchase price for a Product or return a defective Product within 14 days of delivery. A request for a refund must be accompanied by satisfactory proof of purchase by You and the relevant Product in a condition which (in Our opinion) is capable of resale. A request for return of a defective Product must be accompanied by satisfactory proof of purchase by You, the relevant Product and Your explanation as to why the Product is defective.

7. Terms of Use
   • By purchasing a Product from Us, you do not acquire ownership of, or title to, that Product. The Intellectual Property Rights in a Product remain Ours at all times. However, You acquire a licence from Us to use the Product on the terms and conditions set out below.
   • Your licence to use a Product is non-exclusive and non-transferable and is limited to the right to:
     • access, view and use the Product solely for Your internal business purposes; and
     • additionally, where the Product consists of (or incorporates) software, install, run and use that software on the number of machines or user accesses specified by Us; and
     • any other rights expressly stated in Supplemental Terms (for example, access to an Online Product will be limited according to the number of user-licences purchased by You).
   • Without limiting any of the above, you must not (and must not attempt to):
     • allow any person other than Your employees, [agents or contractors] to use the Product;
     • disassemble, reverse engineer, copy, modify, adapt, reproduce, broadcast, communicate, publish or exploit the Product (except to the extent You have a statutory right to do so, in which case You must only do so to the extent permitted by that statutory right);
     • view, access or use the source code in any software incorporated in or associated with the Product;
     • remove any copyright, trademark or other notices of Intellectual Property Rights included in or accompanying the Product;
     • sub-licence, assign or transfer any of Your rights in respect of the Product;
     • cause or permit any person to do any of these things.
   • If You fail to comply with the above licence terms and conditions, We may (at Our sole and absolute discretion):
     • suspend and/or revoke Your access to the Product;
     • refuse further supply to You of any Product;
     • take action to repossess all copies of a Product (including any derivative works based on a Product) from You or another person; and
     • exercise any other rights, powers and remedies available to Us under these Terms or at law.
   • Except as advertised by Us in relation to a Product or specified in Supplemental Terms, Your right to Use a Product does not include a right to receive updates or revisions of that Product (which may be available at additional cost). We may, in our discretion, decide to offer these to You from time to time.
   • Your purchase of a Product does not include the systems, software or other facilities necessary to access, view and use that Product.
8. No warranties
   • To the extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations, whether express or implied, statutory or otherwise, in connection with a Product or its use (including, without limitation, Our performance of these Terms and any warranty of merchantability or fitness for a particular purpose) are excluded.
   • Without limiting the above, the BCA is a technical document which requires specialist expertise and understanding to apply. Accordingly:
     • You acknowledge that the BCA does not constitute advice. We recommend that You obtain your own independent expert advice in relation to building or related activities;
     • You acknowledge that it is Your responsibility to ensure You (and other persons under Your supervision or control) understand the contents of the BCA and apply them correctly;
     • You acknowledge that the BCA may not be suitable or relevant for use outside Australia;
     • You acknowledge that the BCA does not in any way override the building approvals process in any jurisdiction.
   • Except as expressly stated on our website or in the Supplemental Terms or written instructions accompanying a Product, we do not represent that a Product will work on, or be compatible with, Your operating systems, programs or applications. We do not warrant that a Product will be free of computer viruses or will not adversely affect your computer system or cause other technical problems. We also do not warrant that Your access to a Product will be continuous or fault-free.
9. Our liability to You
   • To the extent permitted by law, we are not responsible for any liability loss or damage (whether direct, indirect, special or consequential) whatsoever and however (Loss) arising from or in connection with your use of a Product, whether that liability, loss or damage was caused by delay, error or omission, negligence, negligent misstatement or otherwise. We will accept liability for breach of these Terms and Conditions in accordance with the principles applied by the courts. However, we will not accept liability for any Loss where that Loss is caused by events outside Our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).
   • If a warranty or condition implied by law cannot be excluded, Our liability in relation to such a warranty or condition is limited, at Our option, to either resupply of the Product or the purchase price for the Product.
   • Any claim by You against Us under these Terms (other than under clause 6 (Returns and Refunds)) must be made within six months from the date of the act or omission giving rise to the claim.
10. Your liability to Us

    To the maximum extent permitted by law, you indemnify Us from any and all Loss incurred by Us as a result of or in connection with Your access or use of, or actions in reliance on, a Product.

11. Amendment of these Terms

    We may amend these Terms at any time. If we do amend them:

    • if you are using a Product other than an Online Product, you will not be bound by the amendment in your current subscription for that Product but will be asked to read and accept the amended Terms before you next acquire a Product or renew your subscription for a Product; and
    • if you are using an Online Product, You will be asked to read and accept the amended Terms before you next access the Product.
12. General
    • The disclaimers, limitations on liability and indemnities in these Terms continue despite termination of Your licence to use Products or discontinuation or suspension of access to Products.
    • These Terms, together with any Supplemental Terms constitute the entire agreement between You and Us regarding the supply and use of Products.
    • You may not assign, transfer or otherwise deal with Your rights, obligations or liabilities under these Terms. We may assign, transfer or otherwise deal with Our rights, obligations or liabilities under these Terms at any time and without notice to You.
    • The contract constituted by these Terms is governed by the laws in force in the Australian Capital Territory from time to time, irrespective of Your location. You irrevocably and unconditionally submit to the laws of the Australian Capital Territory for all disputes and proceedings relating to these Terms.