Terms and conditions

This document sets out the terms and conditions relating to use of the BASIX® website and the terms of use under which you are provided access as a Registered User to the BASIX® Sustainability Assessment Tool and the BASIX® Service.

If you have any questions about these terms and conditions or wish to correct your personal information, please contact us.

This document contains the following parts:

  1. General Conditions and Definitions
  2. Disclaimer
  3. Copyright
  4. Trade Mark
  5. Privacy Statement
  6. Terms of Use for Registered Users

Top of page

1.0 General Conditions and Definitions

 

Agreement

In accessing and using the BASIX® website, you agree that you have read and understood the terms of the General Conditions, Disclaimer, Copyright, Trade Mark and Privacy Statement. In addition, should you choose to register for access to the BASIX® Assessment Tool (the Tool) or use the BASIX® service (the Service), you must read, understand and agree to the Terms of Use for Registered Users.

Service availability

It is impossible for the Department of Planning & Environment to ensure that the services are provided to you at all times or at any specific times or will be able to operate at all times error-free. After hours provision of services are influenced by availability of related computer systems. The NSW Government makes no warranties in regard to the availability of services but all reasonable efforts will be made to provide the best possible service to you. Notices regarding planned system outages will be made available on the website's home page.

New or revised Terms and Conditions

The Department may update these terms and conditions as the BASIX® website, the Service and law evolves and new versions of the Tool are published. You will be advised of new terms and conditions by notice placed on the BASIX® website and by electronic eNews to subscribing users.

Your right to access and use the Tool or the Service will terminate immediately upon notice of the new Terms of Use for Registered Users (the terms). You will be given an opportunity to review and accept the new terms. If you accept, and if the log-on identity registered to you is accepted, you will be able to continue using the Tool and the Service subject to the conditions of the new terms. If you decline to accept the new terms, or if you cannot comply with the conditions of the new terms for any reason, you will no longer be permitted to access the Tool or Service.

Governing law

Your access to and use of the BASIX® website, Service and Tool is governed by the law of New South Wales and the Commonwealth and you agree to submit to the non-exclusive jurisdiction of the courts in that State and the Commonwealth.

Internet charges

You are responsible for any internet connection fees that you incur.

Definitions

The Department 

The Department of Planning & Environment

The BASIX® Service

The Service includes a BASIX® certificate issued by the Director-General in whatever form in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000 and the NSW State Environmental Planning Policy (Building Sustainability Index - BASIX®) 2004 whether by means of a computerised system over the internet or otherwise.

BASIX® Assessment Tool

A computerised system for calculating BASIX® scores and generating BASIX® certificates.

BASIX® Registered User

A unique registered login identity that enables on-line access to the BASIX® Assessment Tool.

Top of page

2.0 Disclaimer

 

The NSW Government is committed to enhancing the public availability, dissemination and exchange of information. To this end, this website has been established by the Department of Planning & Environment so as to enable you to quickly and easily access information in relation to the NSW State Environmental Planning Policy (Building Sustainability Index – BASIX®) 2004 and the BASIX® Assessment Tool available through the BASIX® website.

The information provided on the BASIX® site is provided on the basis that all persons accessing the site undertake responsibility for assessing the relevance, completeness and accuracy of its content. The Department cannot warrant and does not represent that the material which appears on the BASIX® site or any linked sites is complete, current, reliable and/or free from error. The Department also cannot accept any responsibility or liability for any loss, damage, cost or expense you might incur as a result of the use of or reliance upon the materials which appear at this or any linked sites.

The Department takes no responsibility for the accuracy, currency, reliability and correctness of information included in data provided by third parties, nor for the accuracy, currency, reliability and correctness of links to third party information sources (including Internet sites), for the purpose of, but not limited to developing land or buying land.

The BASIX® site is not intended to be, and should not be relied upon as, the ultimate and complete source of information on any particular topic.

Links have been provided on this site in line with the Department's desire to promote a free exchange of information. The Department does not necessarily endorse or support the views, opinions, standards or information that appear at the linked sites or in material authored by third parties and published on this site. You should be aware that the providers of linked sites will often have their own protocols and standards in relation to their sites and the information which appears on them. We urge you to familiarise yourself with any such protocols and standards. Similarly, you should also not interpret the absence of a link from the BASIX® site to any other site as a criticism or comment by the Department on the provider of content of that other site.

You should bear in mind that some of the material that appears on the linked sites and on the BASIX® site may possibly cause offence or upset to some people. The Department regrets, but cannot take responsibility for, any such offence or upset caused.

In the event that you are offended or upset by the material which appears on the BASIX® site and/or any linked site, you are entitled to lodge a complaint with the Australian Communications and Media Authority ("ACMA") who will then investigate the complaint an take such action as it thinks fit. If you would like to know more about the ACMA's role in regulating Australian Internet content, you can visit its website at http://www.acma.gov.au

Top of page

3.0 Copyright

 

Copyright subsists in the material on and accessible from this website.

Where the author of the material is a NSW Government Department or agency, copyright in that material is vested in the Crown in right of the State of New South Wales.

Unless otherwise stated, that material may be reproduced in whole or part for personal, in-house or non commercial purposes without charge or further permission, provided that the meaning is unchanged, disclaimers and the source of the material is acknowledged. Copyright in any such reproduced material shall remain vested in the Crown.

If you wish to reproduce, alter, store or transmit Crown copyrighted material from this website for any other purpose, please seek permission for such use prior to use from the Department via the appropriate section of this website.

Copyright in the materials appearing on the Internet sites which are linked to the BASIX® site subsists in the author of those materials or their copyright assignees. The Department cannot and does not give any permission in respect of the copyright in the materials appearing at third party Internet sites. You are strongly recommended to refer to the copyright statements at those sites and seek permission from the site owners before making use of those materials.

Permission is hereby granted to registered users to use BASIX® application forms found on this website, provided that: the forms are unaltered (other than by completing information sought in the form); and when providing forms to third parties, it is the user's responsibility to ensure that forms are up to date at all times. 

Top of page

4.0 Trade Mark

 

BASIX® is a registered trade mark of the Crown in Right of the State of New South Wales acting through the Department of Environment & Planning (Registered Australian Trade Mark no. 992135).

You must not use the BASIX® trade mark or the name BASIX® except:

  • as part of a fair reference to BASIX® with proper recognition of the trade mark's status;
  • if providing business services associated with completing BASIX® assessments, you may advertise or otherwise publish the services subject to a disclaimer that the services are not in anyway endorsed or otherwise associated with the NSW Department of Planning & Environment, or
  • otherwise only with the prior, specific, written permission of the Department.

Nothing in these terms is to imply the right to use the BASIX® trade mark or name in a business name, domain name or email address.

Top of page

5.0 Privacy Statement

 

This website is provided and maintained by the Department. This privacy statement sets out the Department's practices relating to the privacy of your personal information. The Department's privacy practices are regulated by the Privacy and Personal Information Protection Act 1988 (NSW), (the Privacy Act). Please note that the Department does not have any responsibility for the privacy policies or practices of third party sites linked to the BASIX® site.

Under the Privacy Act, you have the right to know the nature of the personal information that the Department collects about you, for what purpose the information is being collected, and how the information is to be used. You may also request access to your personal information collected by the Department.

Email Management and Personal Information

By emailing the BASIX® website, or submitting personal information via a form on the BASIX® website, you consent, or will procure the consent of the person to whom the personal information relates, to the use of the submitted information for the purposes for which this website was established, or other related purposes. Any information submitted to the site, if used, will be used anonymously. The Department will only retain and use your e-mail address for the purpose for which you have provided it. It will not be added to a mailing list without your consent.

Site Visit Data

To help the Department improve its website and provide better services to its users, the Department makes a record of your visit and logs the following information:

  • the IP (Internet Protocol) address of the machine which has accessed it;
  • your top-level domain name (for example .com, .gov, .au, .uk etc.);
  • the date and time of your visit to the site; and
  • the pages visited.

Cookies are used on the BASIX® site to collect and store information.

Exceptions to the Rule

The Department will not collect, use and disclose personal information other than stated as above except for the purpose of investigating:

  • unauthorised attempts to access files that are not published on the BASIX® pages
  • unauthorised tampering or interference with files published on the BASIX® site
  • unauthorised attempts to index the contents of the BASIX® site by other sites
  • attempts to intercept messages or any data of other users of the BASIX® site
  • communications which are defamatory, abusive, vilify individuals or groups or which give rise to a suspicion that an offence is being committed
  • attempts to otherwise compromise the security of the web server, breach the laws of the State of New South Wales or Commonwealth of Australia, or interfere with the enjoyment of the BASIX® site by other users
  • any other circumstances permitted under the Privacy Act.
Top of page

6.0 Terms of Use for BASIX® Registered Users

 

Only registered users can access and use the BASIX® Assessment Tool and the BASIX® Service. Registered Users of this site agree to be bound by these Terms of Use and are provided access to the BASIX® Assessment Tool and Service on this basis only. 

Before you can use the BASIX® Assessment Tool and the BASIX® Service, you must read, understand and agree to these Terms of Use. In accessing and using the BASIX® website, you also agree that you have read and understood the terms of General ConditionsDisclaimerCopyrightTrade Mark and Privacy provisions.

User eligibility

You may register to use the BASIX® Service, or access the BASIX® Assessment Tool for the purpose of generating BASIX® certificates, only if you are over 18 years old, a corporation, Limited Liability Company, partnership or other legal or business entity registered to trade in an Australian jurisdiction.
 

Becoming a Registered User

When creating or updating a Registered User log-on, you are required to provide the Department with certain personal information such as your name, address, phone number, email address and, in some cases, payment information. You agree that you will supply accurate and complete information when requested, and that you will update that information promptly after it changes. (Refer to our Privacy Policy if you have any concerns about providing information).

Types of registered users

The following types of user access rights are offered under the following conditions;

  • A user registered to provide BASIX® services as a business will need to provide full sole trader, registered business name or company name details and an ABN/ACN.
  • A user registered to obtain a BASIX® certificate for personal use, or a sole trader without an ABN, may have a restriction placed on the number of BASIX® certificates they can generate.
  • A user registered as an educational user will not be able to generate a BASIX® Certificate for lodgment with a consent authority. Details and projects created by an educational user may be deleted after 6 months of inactivity.

Username and Password

Your username and password are the log-in identity used to access your project files. They are very important pieces of information and it is your responsibility to keep them secure. You agree not to share the log-in identity with anyone other than as expressly authorised by these Terms of Use. You are responsible for maintaining the confidentiality of the log-in identity, and are responsible for all uses of the log-in identity, including payments, whether or not authorised by you. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorised disclosure of the log-in identity, you agree to log-in and change it immediately and to also advise the Department by using the email facility at the Contact Us link on the home page. 

To respond to helpline enquiries, the BASIX® customer service personnel may request that you disclose your username and password. Such disclosure is not a breach of these terms.

User and Project Details

Information entered to generate a BASIX® certificate may be accessed by the Department for the purpose of responding to helpline queries, for quality control, auditing and compliance checks. The Department may use contact and project details to identify the author of a generated certificate and these details may be passed onto a consent authority, principal certifier, auditor or other relevant party that may rely on the certificate for the purpose for which it was issued

Ownership of Project Files

Ownership, interest, copyright or other intellectual property value contained in project files is limited to any interest or rights the user, or any third party, may have in the design of the project (the dwelling), and does not extend to the added value, if any, that the details have as a BASIX® project file, as a means to calculate BASIX® scores or to generate a BASIX® Certificate.

You agree that ownership of the BASIX® project files created by you remains with the Department and any right to access, modify, add or amend projects is granted by the Department at its discretion and in accordance with any limitations contained within these Terms of Use.

Discontinuation or modification of the BASIX® Assessment Tool or Service

The Department may change, modify, suspend, or discontinue any aspect of the BASIX® Assessment Tool or BASIX® Service at any time. You have no interest, monetary or otherwise, in any feature or content contained in the Tool or Service or associated with your project files. The Department may also revise other policies, including without limitation the BASIX® targets and stringencies, at any time.

Notwithstanding that no notice is required, the Department will use reasonable endeavours to advise you of changes to the BASIX® Assessment Tool, the BASIX® Service or to project files, but will not be held liable for failure to notify.

Improper use of the BASIX® website, Assessment Tool or Service ('the site')

You agree that you will not, under any circumstances:

  • modify or cause to be modified any project files in any way not expressly authorised by the Department, attempt to gain unauthorised access to project files registered to other users, or the computer systems or networks connected to the site.
  • institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, use automation software, hacks, or any other unauthorised third-party software designed to modify the website, intercept, "mine", or otherwise collect information from or through the website or otherwise attempt to disrupt the site or any other person's use of the site;
  • host, provide or develop matchmaking services for the site, or intercept, emulate or redirect the communication protocols used by the Department in any way, for any purpose, including without limitation unauthorised generation of BASIX® certificates or calculation of BASIX® sustainability scores.
     

Suspension or Cancellation of Access

The Department reserves the right to suspend or cancel access by a Registered User, or modify or delete project files, where justified, with or without notice to you. You may cancel your logon identity by advising us in writing, however, to the extent permitted by law, and required for proper record keeping, data relating to projects associated with a BASIX® certificate and copies of those certificates may be retained by the Department.

Notwithstanding that no notice is required, the Department will use reasonable endeavours to advise you should your service be suspended or cancelled, but will not be held liable for failure to notify.

Payment of BASIX® Fees

Schedule of Fees

The Environmental Planning and Assessments Regulation (the Regulation) provides for charging a fee for the issue of a BASIX® certificate. The fee is due and payable when a Registered User requests, whether on-line or off-line, to generate a certificate. The fee payable is in accordance with the provisions of the Regulation or as listed in the BASIX® Schedule of Fees and Charges published on the BASIX® website. The Department may revise the pricing for the goods and services offered through the BASIX® Service, at any time

Liability to pay

You agree to pay all fees and applicable taxes incurred by you or anyone using your logon identity or projects registered to you and in particular, the fee required to issue a BASIX® certificate. Settlement of the amount payable may only be made by the methods specified from time to time on the BASIX® website.

Payment default

Notwithstanding that in the normal course of business, settlement is deemed to have occurred with issue of the Certificate, should your bank reverse or reject your payment for any reason, the issue of a certificate made in relation to that transaction may also be revoked. This could have implications for the validity of the BASIX® certificate issued and the Department reserves the right to cancel or revoke an issued certificate, to prevent the issue of a BASIX® completion receipt or to temporarily suspend access to the BASIX® Assessment Tool or Service until such time as the debt is settled. The Department will use reasonable endeavours to notify you of any default and provide you with the opportunity to settle the debt, but will not be held liable for failure to notify.

Credit card payments

This Web site uses a well established online payment mechanism provided by Westpac. Our website provides a secure environment by using Secure Sockets Layer (SSL). This establishes a session and encrypts all traffic between our web server and your browser.

The BASIX® system does not keep a record of the credit card details used for online payments on this website. You are responsible for ensuring that payments are made only using valid credit cards. You agree that a payment instruction that is given before the cut-off time for a banking business day will be processed on the same day but if it is given after the cut-off time it may be processed on the next banking business day after the instruction is given.

Refunds

Whilst the Department may, under some circumstances, make provision for refunds, you acknowledge that the Department is not required to provide a refund for any reason, and that the issue by the Director-General of a BASIX® certificate is the delivery of the service for which the fee is payable. You will not be entitled to receive a refund for an issued BASIX® certificate that is subsequently not lodged with a consent authority or that you otherwise do not benefit from, whether such non-lodgment was voluntary or involuntary. Any refunds, if provided, may be subject to an administration charge as published in the BASIX® Schedule of Fees and Charges.
 

BASIX® Monitoring Project

In order to assess the sustainability outcomes achieved, including the level of water, energy and greenhouse gas savings, the Department monitors and reports to Government and publically on completed BASIX® certificates and completed BASIX® compliant homes.. The results of the monitoring project will be used to ensure the BASIX® policy delivers on its sustainability objectives, as well as refine and improve data and key calculations in the BASIX® tool, ensuring the long term success of the policy.

The Environmental Planning and Assessment Regulation 2000 (the ‘Regulation’) requires development applications, applications for complying development certificates and applications for construction certificates for certain types of residential development to be accompanied by a BASIX® certificate. As the Regulation requires a BASIX® certificate to contain certain information, the supply of this information is required by law.

The information may be used by the Department to fulfill its reporting obligations but at no point during this process will the Department publish personal information such as the applicants name or contact details.

The Department will disclose certain characteristics of dwellings to various water and energy supply authorities including, but not limited to Sydney Water, AusGrid, Integral Energy, Agility, Country Energy and Jemena and to recognised research organisations, including the Commonwealth Science and Industrial Research Organization (CSIRO) and various Australian universities, to enable the cross-referencing of energy and water usage data. Persons who choose not to have their project information exchanged for this purpose must notify the Department in writing that they do not wish their information to be used.

This study is ongoing, and aggregated results will be made available from time to time.

If you have any questions regarding the BASIX® Monitoring Project, please contact us.

Top of page

 

-