Terms & Conditions

Building Products Life Cycle Inventory

Owned by the Building Products Innovation Council Limited

Terms of Use

Last updated: March 2015

Introduction and your agreement to these Terms of Use

Welcome to Building Products Life Cycle Inventory (this Website). This Website is owned and operated by the Building Products Innovation Council Limited (BPIC), an Australian public company limited by guarantee with Australian Business Number 16 104 539 620.

These terms and conditions of use (Terms of Use) are deemed to incorporate this Website’s privacy policy (the Privacy Policy) and BPIC’s Protocol for the Correct use of Australian Life Cycle Inventory Data for Building and Construction Materials and Products (Protocol), which is available on this Website and which you should read together with these Terms of Use. The provisions of the Privacy Policy and the Protocol apply as if set out in full in these Terms of Use.

These Terms of Use govern your access to and use of this Website, including any: (i) software, database, information, content or materials (such as life cycle inventory data) that are located on, form part of or available through or in connection with this Website (the Website Material); and (ii) services provided through or in connection with this Website (the Services). By accessing or using this Website you are deemed to agree to these Terms of Use. If you do not agree to these Terms Use, you must immediately exit and not access or use this Website.

Compliance with the Protocol

As noted above, these Terms of Use are deemed to incorporate the Protocol. You must only use the Website Material strictly in accordance with the Protocol.

Changes to these Terms of Use

BPIC may from time to time (with or without notice to you) amend or update these Terms of Use at its sole discretion. Accordingly, you should ensure that you regularly review them. The Terms of Use applicable to your access to and use of this Website is the current version displayed on this Website at the time you access or use this Website. By continuing to access or use this Website after such changes, you are deemed to agree to be bound by such changes.

Different types of Users

To make full use of the functionality of this Website, you will need to register with BPIC. There are two types of registration (collectively referred to as Registered Users), namely: (i) an Industry User, being general registration, which is available to any user who chooses to register with BPIC to access this Website; and (ii) a BPIC Member User, which is only available to a user who is an employee or other representative of an organisation that is a member of BPIC (a BPIC Contributing Member).

BPIC may refuse any request for registration. BPIC may make varying levels of functionality available to different Users depending on the type of registration.

Registration

If you wish to become a Registered User, you must provide BPIC with certain true and correct information about yourself (the “User Registration Information”), as requested by the relevant registration page on this Website. Information requested may include your: email address; name; title; date of birth; home address; country of residence; telephone number; employer / organisation name; office address; payment details; and billing address. You must promptly notify and update BPIC if any of your User Registration Information is erroneous or changes from time to time. By providing your contact details, you are deemed to agree to BPIC contacting you via such means.

Use of the Website Material

The Website Material is provided to you as a general guide only and must not be relied on by you or any other person as a substitute for appropriate professional and other advice tailored to your specific circumstances. BPIC grants you a revocable, non-exclusive, non-transferable, non-sublicensable, personal licence to download and use the Website Material solely in accordance with these Terms of Use.

Intellectual Property Rights

All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out this Website, the Website Material or the Services are owned by and vest in BPIC (or its licensors). You acknowledge and agree these Terms of Use do not transfer any right, title or interest in BPIC’s (or its licensors’) intellectual property rights to you.

Submitted Materials

This Website may allow Users to submit or post information, content and materials (“User Material”) to this Website and/or BPIC, for access and use by other Users and/or BPIC. (References in these Terms of Use to “User Material” do not include any User Registration Information, which is treated separately to User Material) relating to registration if a User is a Registered User. BPIC does not systematically review User Material submitted by Users and is not responsible for the form or content of any User Material.

If you choose to submit or post User Material, you must own or have the right to submit or post that User Material and it must not:

(i) infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence;

(ii) deceive or be likely to deceive any person;

(iii) be used to impersonate any person (including BPIC and its representatives) or to misrepresent your identity or affiliation with any person;

(iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate; or

(v) advertise any product or service or solicit any business.

You agree that BPIC may:

(i) edit or delete your User Material;

(ii) link your User Material to other material, including User Material submitted by other Users or material created by BPIC and/or other third parties;

(iii) use your User Material for its business purposes, including to promote, market or advertise this Website and BPIC; and

(iv) directly or indirectly commercially benefit from your User Material.

BPIC does not claim any ownership rights in your User Material, however, by submitting User Material you are deemed to grant BPIC an irrevocable, perpetual, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to download, use, modify, distribute, copy, reproduce in a material form, publish, perform or cause to be heard or seen in public, communicate to the public, make an adaptation of, enter into a commercial rental arrangement in respect of that User Material.

Prohibited activities

You must not submit, post, upload, email or otherwise send or transmit to this Website, BPIC or any User anything that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly to this Website. You must not interfere with this Website or the servers or networks underlying or connected to this Website or violate any of the procedures, policies or regulations of this Website or any networks connected to this Website. You must not impersonate any other person while using this Website, conduct yourself in an offensive manner while using this Website, or use this Website for any illegal, immoral or harmful purpose.

Confidentiality of user name and password

If you are a Registered User, you must not disclose your login user name or password for this Website to any other person. If such disclosure has or you believe that such disclosure may have occurred (whether intentionally or accidentally), then you must immediately inform BPIC. To the extent that the functionality of this Website does not already require Users to do so, you must change your password regularly.
Cessation of services

BPIC may (with or without notice to you) modify, restrict, prevent or withdraw your access to or use of this Website for any reason whatsoever or for no reason, including where BPIC believes that you are in breach of these Terms of Use.

Indemnity by you

You must indemnify and hold harmless BPIC (and its officers, employees and representatives) against all losses, liabilities and costs (including legal expenses) sustained, incurred or suffered by BPIC (or its officers, employees and representatives) as a result of your breach of these Terms of Use or any violation by you of any laws or the rights of any person.

Other websites

BPIC is not responsible for the policies and practices of internet websites operated by persons other than BPIC, even if:

(i) you access them using links on this Website; or

(ii) are directed or link to this Website using links on such websites, and recommends that you carefully review the terms and conditions of use and privacy policy of every internet website you access or use.

Changes to this Website

BPIC may (with or without notice to you) make changes to this Website, the Website Material and the Services.
Availability of this Website

This Website, the Website Material and the Services are provided on an “as available” basis and BPIC shall not be liable if this Website, the Website Material or the Services are unavailable for any period. BPIC may (with or without notice to you) temporarily suspend access to this Website, the Website Material and/or the Services or indefinitely close down this Website at any time. BPIC does not represent, warrant or undertake that this Website, the Website Material or the Services will be error, defect, “bug” or “virus” free.

Accuracy of this Website

This Website, the Website Materials and the Services are provided on an “as is” basis and BPIC makes no representations, warranties or undertakings with respect to this Website, the Website Material or the Services, including as to the currency, accuracy or completeness of this Website, the Website Material or the Services

Disclaimer

Except to the extent that the same may not be excluded or limited as a matter of applicable law, BPIC excludes all implied representations, warranties, terms and conditions of any kind whatsoever (whether implied by common law, statute or otherwise) to the fullest extent permitted by applicable law (including any implied representations, warranties, terms or conditions that this Website, the Website Material or the Services are of satisfactory quality or fit for their purpose).

Limitation of liability

Except to the extent that the same may not be excluded or limited as a matter of applicable law, BPIC is not liable for any loss or damage, however caused (including, but not limited to, by the negligence of BPIC), suffered by you or any other person under or in connection with these Terms of Use or your access to or use of this Website, the Website Material or the Services.

If any law implies a condition or warranty into these Terms of Use in respect of goods or services supplied, and BPIC’s liability for breach of that condition or warranty may not be excluded but may be limited, BPIC’s liability for any breach of that condition or warranty is limited to: (i) in the case of a supply of goods, BPIC doing any one or more of the following (at its election): replacing the goods or supplying equivalent goods; repairing the goods; paying the cost of replacing the goods or of acquiring equivalent goods; or paying the cost of having the goods repaired; or (ii) in the case of a supply of services, BPIC doing either or both of the following (at its election): supplying the services again; or paying the cost of having the services supplied again.

Force majeure

BPIC will not be in breach of these Terms of Use or otherwise liable to you or any other person for any unavailability or failure of this Website, the Website Material or the Services or any delay or other failure by BPIC to comply with these Terms of Use that is caused by or arises from any event or circumstances beyond BPIC’s control.

Assignment

You must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms of Use. BPIC may assign, transfer, sub-contract or otherwise dispose of any or all of BPIC’s rights and/or obligations under these Terms of Use.

Entire agreement

These Terms of Use, together with any additional terms and conditions or usage rules set out on this Website from time to time, constitutes the whole agreement between you and BPIC relating to its subject matter and supersedes and extinguishes any prior drafts, versions, agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or oral, relating to such subject matter.

Rights cumulative

The rights, powers, privileges and remedies provided under any provision of these Terms of Use are cumulative and are not exclusive of any rights, powers, privileges or remedies provided under any other provision of these Terms of Use or by applicable law or otherwise.
Waiver

No failure to exercise nor any delay in exercising by BPIC of any right, power, privilege or remedy under these Terms of use shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right, power privilege or remedy under these Terms of Use shall prevent any further or other exercise thereof or the exercise of any other right, powers, privilege or remedy.

Invalidity

If any provision of these Terms of Use is held to be illegal, void, invalid or unenforceable under the applicable laws of any jurisdiction, the legality, validity and enforceability of the remainder of these Terms of Use in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of theseTerms of Use in any other jurisdiction shall not be affected.

Governing law

These Terms of Use shall be governed by, and construed in accordance with, the laws of New South Wales. You are deemed to submit to the non-exclusive jurisdiction of the courts of New South Wales.

Interpretation

In these Terms of Use, unless the context requires otherwise: (i) any reference to a “person” includes any individual, company, corporation, firm partnership, joint venture, association, organisation or trust (in each case, whether or not having separate legal personality) and references to any of the same shall include a reference to the others; (ii) any phrase introduced by the words “including”, “include”, “in particular”, “for example” or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; (iii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa; and (iv) the headings and sub-headings are inserted for convenience only and shall not affect the meaning of these Terms of Use.

Contacting BPIC

All correspondence to BPIC, including any queries you may have regarding this Website or these Terms of Use, should be sent to:

Email: admin@bpic.asn.au

Address: C/- BPIC Company Secretary HIA 79 Constitution Avenue, ACT 2612