DCH Website terms of use

A. About this Website

1. This website (www.dataclearinghouse.org) (Website) is operated by the Commonwealth Scientific and Industrial Research Organisation (CSIRO).

2. The Website provides access to services including data hosted on the ‘Hub’, which is the data clearing house platform maintained by CSIRO that supports near real-time data analytics and equipment control services in relation to connected buildings and building systems (Portal).

3. Access to the Portal is only provided where you enter the DCH Platform Connection and Access Licence Agreement (DCH Licence) with CSIRO, or where you have been authorised under the DCH Licence to access the Portal.

4. To request access to the Portal, please contact us via email at [e-mail].

5. By accessing the website you agree to these terms

B. Intellectual Property Rights

1. interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Website and in all material made available on it (Content).

2. Your use of the Website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to the Website or Content and all redistribution, copying or reproduction of the Website, the Content or any part of it is prohibited, except to the extent permitted by law, by these Terms or by the DCH Licence.

C. Accuracy and Completeness

1. While all due care has been taken, CSIRO provides the Website and its Content 'as is' and any use of the Website and its Content is at your own risk. CSIRO does not warrant that the Website and Content will be bug free or that the operation will be uninterrupted or error free or that they will be compatible with any application, program or software not specifically identified as compatible by CSIRO.

2. CSIRO is not liable to you or anyone else if interference with or damage to your systems (including computer systems or any building systems) occurs in connection with the use of the Website. You must take your own precautions to ensure that whatever you select for your use from the Website is free of viruses or anything else (such as data anomalies, misconfigurations, worms or Trojan horses) that may interfere with or damage the operations of your computer systems or any building systems.

D. Website Maintenance and Updates

1. CSIRO reserves the right to modify or update the Website from time to time.

2. CSIRO will use its best endeavours to conduct any scheduled maintenance at a time that is least likely (in its reasonable opinion) to adversely impact the provision of the Website.

3. CSIRO may suspend access to the Website:

   1. to carry out the maintenance services;

   2. to carry out modifications or updates to the Website, including the uploading of software updates;

   3. to preserve data and integrity;

   4. in the event of a security breach;

   5. if the server malfunctions; or

   6. in the event of third-party service outages

4. Suspension of access to the Website will continue until the maintenance services, modifications or updates are carried out, the problem or breach is rectified.

5. CSIRO will not be liable to any party for taking the action referred to in this clause where such action is taken on a view which is formed on a reasonable basis by CSIRO.

E. Unacceptable Activity

You must not do any act that is unlawful or prohibited by any laws applicable to the Website or Content, including but not limited to:

1. any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

2. uploading files that contain viruses that may cause damage to our property or the property of other individuals;

3. attempt to obstruct, avoid, obscure or otherwise render ineffective any aspect of the Website, including by removing or avoiding security features, attributions, or legal terms that are notified to users as part of accessing the Website;

4. reverse engineer or otherwise seek to copy or reproduce any part of the functionality, design, or software incorporated in the Website.

F. Exclusion of implied warranties

1. Except as expressly stated in this clause and to the maximum extent permitted by law, CSIRO makes no warranties of any kind, and specifically disclaims all implied warranties, including any warranties of merchantability or fitness for a particular purpose.

   1. These Terms do not exclude or limit any right or liability implied into it by law (including the Competition and Consumer Act 2010 (Cth)) where to do so would contravene the law or cause these Terms to be void (‘non-excludable consumer warranties’).

   2. CSIRO's liability to you for breach of these Terms or of any non-excludable consumer warranties is (to the extent permitted by law) limited to, at CSIRO's option, in the case of any services provided, to re-performing the relevant services.

G. Privacy Policy

1. We will handle all personal information we collect in accordance with our Privacy Policy.

2. CSIRO is required to treat your personal information in accordance with the Privacy Act 1988 (Cth). Any personal information CSIRO collects may be used for the purpose that you provide it for, and CSIRO may also use it as required for processing any enquiries, and providing you with further information, including in relation to our products or services. De-identified information may be used by CSIRO and our collaborators for the purpose of further research and development of the Website and other technologies.

3. CSIRO may change the Privacy Policy by publishing an updated Privacy Policy.

4. If you would like to obtain a copy of the personal information CSIRO holds, or correct any information, please contact us at [e-mail].

H. Updates to these Terms

1. CSIRO reserves the right to modify or update these Terms from time to time

2. We recommend you regularly review these Terms, as you will be required to accept any updated Terms if you continue to access the Website after any variation has been made.

1. Jurisdiction and Governing Law

   Your use of the Website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales. We do not make any representations that the contents of the website complies with the laws of any country outside Australia. If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

Version 1.0 (August 2023)