This Website is owned and operated by the Bushfire Building Council of Australia Limited (ABN 73 601 354 170) trading as Resilient Building Council collectively referred to as “RBC”, “we”, “us” or “our”).
The following Terms of Use govern your use of the Bushfire Resilience Rating Home Self-Assessment App (RBC App) and every website owned or controlled by RBC and its related entities (Website). By accessing the RBC App and Website, you acknowledge that you have read, understood and agree to accept and be bound by these Terms of Use and Privacy Policy.
The RBC App is an application designed to provide you with an estimate of your home’s Bushfire Resilience Rating. The rating is calculated using the answers you provide to us in the RBC App. Based on your answers we will measure how well your home would perform in a bushfire event, identify vulnerabilities and provide you with tailored recommendations that can improve the bushfire resistance of your home (the RBC Assessment).
1. Access
(a) We grant you a limited, non-exclusive and non-transferable right to access the RBC App on the terms set out in this Terms of Use. Your access to the RBC App is available by setting up an online account.
(b) When you set up an online account you will be required to provide your name, your email address and your home address. Your provision of this information will be handled in accordance with our Privacy Policy. You are solely responsible for all acts or omissions that occur in respect of your account. You must not share your account details with anyone else and you must maintain the security of your account with RBC. We do not accept any responsibility for any act or omission resulting from the unauthorised access of your account. If you are concerned that your account has been hacked or accessed without your authorisation, please notify us as soon as possible at info@rbcouncil.org.
(c) We restrict your access to the RBC App by limiting the number of times you can use the RBC App. You understand that we may for security and technical reasons at any time, in our sole discretion and without prior notice to you, prohibit or further restrict your access to our Website and the RBC App.
2. Acceptable Use
The RBC App is provided for your personal, non-commercial use and solely for bona fide persons who wish to improve the bushfire resistance of their home. You agree that you will not, either through yourself or a third party:
(a) use the RBC App for any unlawful purpose or in a way that breaches any laws or regulations or harasses, threatens, menaces or offends any person;
(b) create an account by automated means or by providing false or fraudulent information;
(c) use any robot, spider, screen scraper, data aggregation tool or other automatic device or process (“Automated Process”) to process, monitor, copy or extract any web pages on any of the RBC App, or any of the information, content or data contained within or accessible through the RBC App;
(d) use any Automated Process to aggregate or combine information, content or data contained within or accessible through the RBC App with information, content or data accessible via or sourced from any third party;
(e) use any information on or accessed through RBC App for any commercial purpose which will include but is not limited to research, training or education purposes;
(f) use any device, software, process or routine to interfere or attempt to interfere with the proper working of the RBC App or any transaction or process being conducted on or through it;
(g) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of or bandwidth connecting to the RBC App;
(h) reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other arithmetical formula or processes in respect of the RBC App , its software, underlying the infrastructure and processes;
(i) act fraudulently or maliciously in relation to RBC App or Website; or,
(j) copy, reproduce, alter, modify, create derivative works, or publicly display, any part of any content from the RBC App or Website.
3. Your privacy
(a) When you provide us with information through the RBC App you agree that the information may be used as described in our Privacy Policy. You accept the Privacy Policy as governing our use of the personal information we receive about you when you use the RBC App, set up an account, use our enquiry form or otherwise communicate with us.
(b) RBC has relationships with third party product and service providers (Third Party Providers) and some of the products and services of these third parties may be advertised, viewed or accessed through the Website, RBC App and/or the RBC Assessment. If you decide to interact with Third Party Providers, then such third parties may also collect personal information depending on your interaction with them.
(c) Any information collected by Third Party Providers will be handled in accordance with such Third-Party Provider’s own privacy policies. We do not accept any responsibility for the information you share with Third Party Providers.
4. Intellectual Property
(a) We either own or otherwise have the right to use the Intellectual Property rights with respect to the Website, the RBC App and the RBC Assessment (RBC Intellectual Property Right). Intellectual Property means any current and future registered and unregistered rights in respect of copyright, designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, patents, invention and discoveries and all other intellectual property.
(b) You will not use any RBC Intellectual Property Right except as expressly provided under this Terms of Use. You will not assert any claim or interest in or to any RBC Intellectual Property Right or seek to register either on your own or on behalf of another, any intellectual property right that is the same or similar to any RBC Intellectual Property Right.
(c) Your rights under the Terms of Use are to access the Website and the RBC App. Nothing in these Terms of Use constitutes any licence of the RBC Intellectual Property Rights to you.
5. Trade Marks
(a) The terms RESILIENT BUILDING COUNCIL and the R Logo are trade marks owned by RBC or its related entities (the RBC Trade Marks).
(b) The Website, RBC App and the RBC Assessment may contain the trade marks or logos of third parties and are proprietary to those partie(s) (Third Party Trade Marks).
(c) No right, title or interest in the RBC Trade Marks or any Third-Party Trade Marks is granted to you through your access and/or use of the Website or the RBC App. RBC reserves all Intellectual Property Rights in and to the RBC Trade Marks.
6. Copyright
(a) The RBC App, its software, the Website and all the content on the Website and RBC App, including the questions and layout in the RBC App (the Works) is proprietary to RBC. RBC is the owner of the Works or is licensed by the copyright owner to use the Works.
(b) Except where necessary for you to access and use the Website and RBC App, or as permitted under the Copyright Act 1968 (Cth), no part of the Works may be reproduced, adapted, performed in public or transmitted in any form by any process (graphic, electronic or mechanical, including further copying, recording, taping or by a storage and information retrieval system).
(c) RBC is the owner of the copyright in the RBC Assessment. The RBC Assessment is provided for your private and non-commercial use only and you may retain a single permanent copy of the RBC Assessment for your personal reference. otherwise, provided in this clause 6(c), the information in the RBC Assessment may not otherwise be used, copied or reproduced, published, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited).
7. Warranties
This Website and the RBC App is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for purpose, title and non-infringement. We do not warrant:
(a) Your access the RBC Assessment and/or Website at all times or in all locations; or
(b) that RBC App or Website will be uninterrupted or error-free;
(c) that the Website or RBC Assessment will meet your requirements; or
(d) that our Website, the RBC App or any third-party site or link to a third-party site will be free from viruses or any kind of malicious code, or other faults or defects whatsoever.
8. Disclaimer
(a) Information contained on our Website, the RBC App, the RBC Assessment or any other information that RBC may share with you (RBC Publications) provide guidance on retro-fits that can improve the resilience of your home in a bushfire event. RBC Publications are provided as a guide only and no reliance or actions must be made on information contained within the RBC Publications, without seeking additional expert professional advice to confirm building materials, required engineering and safety processes, and required regulatory permits, prior to construction or retro-fitting activities.
(b) We rely on the information you provide us in preparing the RBC Assessment. While every care has been taken in preparing the RBC Publications, RBC accepts no responsibility for decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained within.
(c) Homes adapted for improved bushfire resilience are likely to withstand a bushfire better than homes that are not bushfire resilient. However, RBC makes no representations or warranties of any kind, including the guarantee of the resilience of homes against any and all natural climate and disaster risks, including bushfires.
(d) Before acting on any advice you should consider the appropriateness of the advice having regard to your personal circumstances. RBC will not be held liable for any loss, damage, injury or death arising in connection with home construction or retro-fitting as a result of its activities or the RBC Publications. When faced with natural disasters such as bushfires, RBC advises that the safest option is to always leave early and follow all directions and advice of emergency services.
9. Third party products and services
(a) Information about Third Party Providers is provided for your guidance only. You should consider the appropriateness of the third-party product or service having regard to your personal circumstances.
(b) RBC is not responsible or liable in respect of products or services provided by other third parties and does not guarantee or warrant that such products or services will be suitable for you.
10. Limitation of Liability
(a) To the maximum extent permitted by law, RBC hereby disclaims all liability (howsoever arising) in connection with any direct and indirect loss, damage or expense, arising out of or in connection with any use of, or inability to use, all or any part of the Website, RBC App or any RBC Publication, or any website to which the Website, RBC App or RBC Publication is linked, or any action taken (or refrained from being taken) as a result of using any of these.
(b) You agree that your access to, and use of, the Website, the RBC App and any RBC Publication is at your own risk.
(c) In no event will RBC be liable for special, incidental or consequential damages resulting from your access and/or use of the Website, the RBC App or the RBC Publication including but not limited to, damages to your property, damages for personal injuries, or punitive damages from any causes of action arising out of or related to the Website, RBC App or any RBC Publication, whether arising in tort (including negligence), contract, strict liability or otherwise, whether or not we have been advised of the possibility of such damages.
11. Termination
(a) We may refuse your access to the RBC App and/or Website, remove or modify your account with us or otherwise terminate or suspend your access to the RBC App at any time and for any reason. If you are found to be in breach of clauses 2, 4, 5 or 6 will take immediate steps to remove your access to the RBC App and/or Website without notice to you.
(b) You may also delete your account with us at any time.
(c) The following sections will survive any termination of your use and access of the Website and/or the RBC App: Intellectual Property, Trade Marks, Copyright, Disclaimer, Third Party products and services, Limitation of Liability and Applicable Law.
12. General
12.1. Applicable law
These Terms of Use will be governed by the laws of the State of Victoria Australia. The sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state courts located in Melbourne, Victoria, Australia. Both parties’ consent to the jurisdiction of such courts.
12.2. Enforceability
If a court of competent jurisdiction rules that any part of these Terms of Use are unenforceable for any reason, then such ruling will not affect the remaining provisions of these Terms of Use which will remain in full force and effect at all times.
12.3. No Waiver
The express waiver by RBC of any provision, condition, or requirement of these Terms of Use will not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Unless, as expressly and specifically set forth in these Terms of Use, no representations, statements, consents, waivers, or other acts or omissions by RBC shall be deemed a modification of these Terms of Use nor legally binding, unless documented in writing by RBC.
12.4. Severability
If any portion of these Terms of Use is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.
12.5. Assignment
RBC may assign or delegate its rights and/or obligations under these Terms of Use in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Use without the prior written consent or RBC, and any unauthorised assignment and delegation by you is ineffective.
12.6. Changes to these Terms of Use
We may change these Terms of Use at any time. Any revised Terms of Use displayed on our Website from time to time will apply to your use of our Website, its content and any products or services we offer or supply.
13. Contact Us
If you have any questions about our Terms of Use, you should contact us via info@rbcouncil.org
These Terms of Use were last updated on 16 October 2023.
