Terms of use for registered users

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 Conditions, Disclaimer, Copyright, Trade 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 i an Australian jurisdiction.

Becoming a Registered User

When creating or updating a Registered User log-on, you are required to provide the Department of Planning and Environment 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 Cancelation 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.

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