The NABERS HOME Rating tool ("the Software") is owned and operated by the Department of Energy, Utilities and Sustainability ("DEUS").
These terms and conditions apply to any use of the Software. Please read these terms and conditions carefully. If you do not accept these terms and conditions you may not use the Software and must exit this website. Clicking on "I accept" and use of this Software signify acceptance of these terms and conditions:
Use of Software
The Software is made available free of charge for the sole purpose of non-commercial, private use in carrying out unofficial energy or water ratings for your information only. It is not to be reproduced, sold, let for hire, sub-licensed or otherwise distributed.
Disclaimer
To the fullest extent permitted by law the DEUS expressly disclaims all warranties, whether express or implied, in relation to the Software.
To the fullest extent permitted by law, DEUS expressly disclaims all liability 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.
DEUS does not warrant or represent that any outcome produced as a result of the use of the Software is accurate, will be the same as, or is indicative of the outcome of any official audit carried out by DEUS or an Accredited Assessor authorised by DEUS.
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 NABERS logos or trade marks or any other logos or marks used or owned by DEUS.
DEUS 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 DEUS of all responsibility for any consequence of its use.
Nothing in this disclaimer operates to exclude, restrict or modify the application of any provision of the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation, or any rights conferred or liability implied by such provisions.
To the extent that it is able to do so, DEUS 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 DEUS:
(i) the replacement of the Software; or
(ii) the payment of the cost of replacing the Software or of acquiring equivalent software.
If any part of this agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
Jurisdiction
This agreement will be exclusively governed by and interpreted in accordance with the law of the State of New South Wales, Australia, without giving effect to any principles of conflicts of laws.
You agree to the exclusive jurisdiction of the courts of the State of New South Wales, Australia, to determine any dispute arising out of this agreement.