Conditions of Use

HIS AGREEMENT SETS OUT THE TERMS THAT APPLY TO YOUR ACCESS OF THE AGDATA SHOP (‘Data Shop’) AND ANY PRODUCTS AVAILABLE THROUGH IT.

The terms of this agreement (‘Terms’) are legally binding. Your acceptance of all of the Terms set out below, without alteration by you, is indicated by you accessing and continuing to access the Data Shop and any Products.

If you intend to access the Data Shop or Products in connection with your employment or as an agent for a principal, you should only accept this agreement if you have been authorised to do so by your employer or principal (as applicable). By accepting this agreement, you are warranting to CSIRO that you are authorised to do so on behalf of your employer or principal (as applicable).

  1.          Meaning of words

The following words have their defined meaning when used in these Terms:

  • 'access' means to access, use, or otherwise benefit from the functionality of the Data Shop or Product. Access includes carrying out one or more of these actions, either personally or via an agent or employee.
  • 'CSIRO' means the Commonwealth Scientific and Industrial Research Organisation ABN 41 687 119 230.
  • Client Data’ means data provided by you to access a Product or associated Data Service.
  • Data Service’ means an internet-connected platform for uploading and/or downloading data provided by CSIRO.
  • 'Data Shop' means this web portal made available by CSIRO for you and other users in order to facilitate access to Products.
  • Licensed Data’ means digital information made available to you through a Data Service.
  • Data Supplier’ means the organisation that owns the Licenced Data.
  • Data Partner’ means an organisation involved in creation, curation, or delivery of Licenced Data.
  • Products’ means the services or products made available by CSIRO through this Data Shop from time to time and the associated Data Service that enables your access to such services or products. It includes any changes, updates or other features that CSIRO may make available from time to time, unless they are provided with separate licence and/or warranty terms and conditions. CSIRO is not obligated to maintain the current or future functionality and may remove features of the Data Shop from time to time.
  • 'you' means each person that accesses the Data Shop or any Products, and also includes your employer or principal when you have authority to act on their behalf. 'your' has a corresponding meaning.
  1.          Changes to Terms, Additional Product Terms or Privacy Statement

The Terms, Additional Product Terms or the Privacy Statement may be varied by CSIRO from time to time. CSIRO will use reasonable endeavours to note substantive changes to the Terms, Additional Product Terms or the Privacy Statement on the News section of this Data Shop when such changes are made. However, it is strongly advised that you refer to the Terms, Additional Product Terms and the Privacy Statement on a regular basis as you will be deemed to have accepted any variations to the Terms, Additional Product Terms or the Privacy Statement when you continue to access or use the Data Shop and/or Product after any variation has been posted.

  1.          Use of Products

The Product you access may be subject to additional terms and requirements which govern your access of such Product (‘Additional Product Terms’). When you access a Product, you must accept and comply with the Additional Product Terms that apply for that Product – please see section 10 below. The Additional Product Terms will operate concurrently with the Terms and, to the extent the Additional Product Terms conflict with these Terms, the Additional Product Terms will govern for that Product.

  1.          Your access

CSIRO grants you a non-exclusive and non-transferable right to access the Data Shop in accordance with the standard functionality made available from time to time by CSIRO.

Any other type of use requires prior written consent from CSIRO or any relevant rights owner.

Without limiting your obligations, unless permitted in writing by CSIRO, you must not:

a)         attempt to obstruct, avoid, obscure or otherwise render ineffective any aspect of the Data Shop or Products, including by removing or avoiding security features, attributions, or legal terms that are notified to users as part of accessing the Data Shop or Products;

b)         reverse engineer or otherwise seek to copy or reproduce any part of the functionality, design, or software incorporated into the Data Shop or Products;

c)          make available the whole or part of the Data Shop or Products for access by a third party (other than your employer or principal); or

d)         otherwise release or distribute log-in details for the Data Shop and/or Products.

Where applicable, you are responsible for the acts and omissions of your employees and contractors and you are liable for any failure by your employees and contractors to observe these Terms.

  1.          Own risk

Views expressed on the Data Shop and/or Products do not necessarily represent the views of CSIRO on any matter.

CSIRO makes no representations or warranties as to the content’s accuracy, completeness or reliability. Without limiting the forgoing, information on the Data Shop and/or Products:

a)         is not professional, scientific, medical, technical or expert advice;

b)         is subject to the usual uncertainties of advanced scientific and technical research;

c)          may not be accurate, suitable, current or complete;

d)         is subject to change without notice; and

e)         should never be relied on as the sole basis for doing or failing to do something.

  1.          Data

a)         Client Data

Client Data uploaded to a Data Service remains your property. It is your responsibility at all times to ensure that:

(i)      you own and/or have the right to upload the Client Data to the Data Service; and

(ii)     you have lawfully obtained permission by a third-party owner or custodian to upload Client Data to the Data Service.

CSIRO will not provide the Client Data to any third party without your prior permission.

b)         Data Supplier and Data Partner

Unless specified in the Product Specific Terms (please see subsection 10.5) for each Product the Data Supplier is CSIRO and there is no Data Partner.

c)          Licensed Data

Ownership of any Licensed Data (including any intellectual property rights) is and will always remain the property of the Data Supplier.

If specified in subsection 10.5, the Data Supplier and/or Data Partner has given CSIRO permission to host the Licenced Data on the Data Shop and to make the Licenced Data available to you in accordance with these Terms.

CSIRO grants you a non-transferrable, non-exclusive licence to use the Licensed Data for the Permitted Use only.

You must not or permit anyone else to copy, store, adapt, modify, transmit or distribute the Licensed Data (but if you are an organisation you may allow others within your organisation to do so in accordance with these Terms).

You agree to notify CSIRO promptly if you know or suspect any infringement or threatened infringement of the Licensed Data. You will provide CSIRO with all reasonable assistance (including providing assistance to any Data Supplier or Data Partner) in such proceedings.

Data volume limits for reasonable use are attributed to each Subscription. Custom data volume limits may be negotiated by emailing acds@csiro.au.

d)         Data updates

The Licenced Data may change or be updated from time to time and you should use the current Licenced Data made available from the Data Service and not rely on Licenced Data previously provided on this Data Service.

  1.                         Intellectual Property

All intellectual property rights (including any copyright) and other rights in and to the Data Shop and Products remain owned by the Data Supplier. The Data Supplier has no claim over any intellectual property or other rights that you create as a result of your access of the Data Shop and/or Products.

You must not change any of the material or remove any part of any copyright or trademark notice in relation to this Data Shop or the Products.

  1.                         Password and access to account

The security of your password to access the Data Shop and/or Products is solely your responsibility and you should not share it with anyone nor store it in an insecure place.

You should not allow others to use your account to access the Data Shop or Products (but if you are an organisation you may allow others within your organisation to do so in accordance with these terms).

  1.                         Enforcement

If CSIRO considers that you have failed to comply with these Terms and/or Additional Product Terms, it may take disciplinary action against you. Such action includes withdrawing your access rights to the Data Shop and/or Products on a permanent or temporary basis.

In addition, CSIRO reserves all other legal rights that it may have.

10.                     Additional Product Terms

 

10.1    Use of Products

You must not do anything with the Licensed Data that breaches the Terms (including these Additional Product Terms), a law, could endanger life or property or is likely to mislead or deceive any person.

Unless specified in the Product Specific Terms (please see subsection 10.5) for each Product, the Permitted Use for each purchase type is:

a)             Trial Licence – Upon registration and for the trial period, you may access the Product and associated Data Service for the Permitted Use. The Permitted Use for a Trial Licence is: for the purposes of evaluating and assessing the Licenced Data within your own business only.

b)             Subscriptions – Upon payment of the Subscription Fee and, so long as your Subscription remains active, you may access the Product and associated Data Service for the Permitted Use. The Permitted Use for a Subscription is: for any use within your own or your own organisation’s business, including incorporating into your products but provided that such product does not merely redistribute or provide access to the Licensed Data in a substantively unaltered form.

Your access to Products and associated Data Service must comply with the Terms and the applicable Additional Product Terms.

You may only access the Product and associated Data Service for the Permitted Use.

10.2    Acknowledgement

CSIRO will use reasonable endeavours to maintain the availability of the Products (including associated Data Service) but does not guarantee that:

a)             there will be no technical interruptions to, bugs or errors in the Data Service or Product; or

b)             all Client Data will be uploaded without error; or

c)             the Client Data stored in a Data Service will be accurate and complete.

10.3    Subscriptions

‘Subscription’ is a monthly or annual subscription to access a Product.

‘Subscription Fee’ is the applicable monthly or annual “subscription fee” specified for the Product you wish to subscribe to. CSIRO may change the rate of your future Subscription Fee with 30 days written notice by email.

‘Subscription Period’ is the month or year (12-month period) covered by the Subscription Fee.

a)             Payment

To purchase a Subscription and keep your Subscription active, you must pay the Subscription Fee to CSIRO in advance. Your Subscription will renew automatically, and you will be responsible for recurring charges until you cancel your Subscription.

After the end of the first Subscription Period and each subsequent Subscription Period, CSIRO will automatically renew your Subscription and seek to invoice or charge your credit card/debit card the Subscription Fee (if a fee applies), unless you terminate or cancel your Subscription prior to the end of the Subscription Period. The renewal will occur on the same day of the calendar month in which you originally purchased your Subscription (or the last day of the calendar month if that month has less days than the original purchase month in the case of monthly subscriptions).

Payments are to be made through an invoice or by credit card/debit card and processed by an Australian bank. Any credit card details for recurring payments are done through the systems of that Australian bank and CSIRO will not store your credit card information on CSIRO’s computer systems.

You should ensure that the details of your credit/debit card remain accurate and up-to-date. You may change the details of your credit card/debit card by emailing acds@csiro.au to cancel your Subscription and then purchase a new Subscription with your new credit card/debit card and using your original account used to purchase the Product. CSIRO may block/suspend or terminate your access to the Product if any Subscription Fees are unpaid (whether in whole or in part).

A separate Subscription is required for each of your uses or products within which the Product is used.

b)             Cancellation

Subscriptions may be cancelled by emailing acds@csiro.au. Cancelling a Subscription means that no further payments will be taken after the current Subscription Period ends. Pro-rata refunds will not be given for the remaining amount of the Subscription Period. If a Subscription Period ends within 2 business days of a cancellation request then payment may be taken for the next Subscription Period. This will not be refundable.

10.4    Audit and access

To enable CSIRO to verify compliance with the Terms (including these Additional Product Terms), you agree that CSIRO or its representative may, acting reasonably, conduct audits of your compliance with your obligations under the Terms (including these Additional Product Terms) including audits of its operational practices and procedures as they relate to the Terms (including these Additional Product Terms), audits of information or any material (recorded in any form) in the possession or control of you which are relevant to the Product, Data Service or Licensed Data or the Terms (including these Additional Product Terms) and any other matters determined by CSIRO to be relevant to the Products, Data Service or Licensed Data or the performance of the Terms (including these Additional Product Terms).

You will cooperate with an audit, including through providing access to your premises upon reasonable notice during usual business hours and permitting inspection and copying of any material relating to the Products, Data Service or Licensed Data or the Terms (including these Additional Product Terms) .

CSIRO will use the information and material gathered in an audit to assess the Client’s compliance with the Terms (including these Additional Product Terms).

Without limiting CSIRO’s remedies at law, where an audit identifies any non-compliance, CSIRO may direct you to take any action to rectify the non-compliance and you will reimburse CSIRO for its costs associated with such audit.

10.5    Product Specific Terms

Climate Dataset Files

 

Climate Dataset Files means the ‘Typical Meteorological Year Weather Files for Building Energy Modelling’ and the ‘Predictive Weather Files for Building Energy Modelling’.

(a)              Data Supplier

The Data Supplier for some of the Climate Dataset Files is the Department of Industry, Science, Energy and Resources (DISER). The Data Supplier for the remainder of the Climate Dataset Files is CSIRO.  Further detail is available by contacting acds@csiro.au.

(b)              Privacy

In addition to the use of personal information described in section 11 below, we may also use your personal information for the purpose of monitoring, evaluating and reporting on which Climate Dataset Files are downloaded from the Data Service, and how many downloads are made, although we will use aggregated and de-identified data to do this.  We may also share this aggregated and de-identified information with DISER for their own internal purposes.  We may also use your email address to invite you to participate in a survey regarding your use of the Product and share the aggregated and de-identified survey results with DISER.

Australian Digital Forecast Database weather grids (ADFD)

(a)  Data Partner

The Bureau of Meteorology (‘BOM’) is a Data Partner for the Australian Digital Forecast Database weather grids (ADFD).

(b)              Controlled Word List

“BOM”, “Bureau”, “Farm Weather”, “Bureau of Meteorology”, “Weather Radar”, “MetEye”, “Storm Confirmation Service”, “WOW”, “Weather Observations Website” or “Weather Bureau”.

  1.           Privacy

When visiting the Data Shop, a record of your visit is logged. By accessing the Data Shop and Products you will also be required to submit other information, including personal information as defined in the Privacy Act 1988 (Cth), to CSIRO and other third parties over the Internet.

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 Data Shop and other technologies.

If you would like to obtain a copy of the personal information CSIRO holds, or correct any information, please contact us via the details on our website www.csiro.au.

  1.           Disclaimer

The Data Shop and any Products are made available to you on an “as is” and “as available” basis without warranty of any kind including, without limitation, any representations regarding the accuracy of any content or data or any warranties of merchantability, fitness for a particular purpose or non-infringement.

You access Data Shop and any Products at your own risk. You should use your own judgement and exercise caution where appropriate.

You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Data Shop and/or Products and any information or material available from it.  This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers.

CSIRO does not warrant, guarantee or make any representation that the functions embodied on, or in the materials on, the Data Shop and/or Products will operate uninterrupted or are error-free.

  1.           Limit of warranty

These Terms do not exclude or limit any guarantee, condition, warranty, right or liability implied into it by law (including the Competition and Consumer Act 2010 (Cth)), the exclusion of which would contravene the law or cause these Terms to be void (‘non-excludable consumer guarantees’).  These Terms and/or any Additional Product Terms are always to be read subject to such non-excludable consumer guarantees and applied to the extent allowed by law. To the extent that such non-excludable consumer guarantees continue to apply, then to the full extent permitted by the applicable law, the liability of CSIRO is limited (where permitted, at CSIRO’s option) to one of the following remedies or substantially equivalent remedies:

a)             the supply of services relating to the Data Shop or the Products again;

b)             rectification of the Data Shop or Products; or

c)             the payment of the cost of providing equivalent services relating to the Data Shop or the relevant Products.

  1.           Limitation of liability

CSIRO does not warrant or represent that the Licenced Data are free from errors or omissions or that they are exhaustive. CSIRO does not make any claim as to the accuracy, completeness, reliability, or suitability of the Licenced Data. The Licenced Data are provided on the basis that you are responsible for assessing the relevance of its contents.

To the maximum extent permitted by law, CSIRO excludes all liability to any person arising directly or indirectly from your use of, your inability to use, or the information available from the Data Shop and/or Products, whether or not CSIRO has been advised of the possibility of such damages or loss.

To the extent permissible by the applicable law, CSIRO’s aggregate liability for all claims relating to the Data Shop and Products will be no more than the greater of: (1) AUD $100; or (2) 150% of the fees you paid to use the relevant Products in the 12 months prior to the breach.

To the maximum extent permitted by law, CSIRO will not be liable to you for any:

a)             indirect, special, incidental, punitive, exemplary, or consequential damages relating to your access or inability to access the Data Shop and/or Products; or

b)             loss of data, information, revenue, profit or business opportunity or for any damage to goodwill or reputation which is suffered by you in any way arising from your access or inability to access the Data Shop and/or Products,

whether or not CSIRO has been advised of the possibility of such damage or loss.

CSIRO’s liability under these Terms is reduced proportionately to the extent that any wilful, unlawful or negligent act or omission by you contributed to the relevant loss or liability.

  1.           Indemnity

You release CSIRO from and agree to indemnify CSIRO against all actions, claims, losses, expenses, costs or damages of any kind (including special, incidental, punitive, exemplary or consequential) incurred or sustained by or on behalf of CSIRO arising directly or indirectly from your breach of the Terms and/or any Additional Product Terms.

Your liability to indemnify CSIRO is reduced proportionately to the extent that any negligent act or omission of CSIRO contributed to the relevant loss or liability.

  1.           Termination

This agreement is effective until terminated. CSIRO may terminate this agreement at will by any of the following means:

a)             notifying you in writing; or

b)             by posting a notice on the News section of the Data Shop.

The effective date of termination will be set out in the notice and may be immediate at CSIRO's absolute discretion.

On termination, all your rights to access the Data Shop cease.

Termination does not affect CSIRO's rights to any information it has obtained from you prior to termination.

Termination does not affect CSIRO's ability to claim damages or other compensation for breach of this agreement or of CSIRO's rights at law, including for access to the Data Shop and any Products without a valid right.

You agree that damages may not be appropriate as an exclusive remedy in respect of all breaches of this agreement and CSIRO will be entitled to seek and obtain an injunction (including on an interim basis) to prevent any alleged breach of this agreement or its rights to the Data Shop or any Products, in addition to any right to recover damages.

  1.           Your Representations

Except with prior written approval of CSIRO, the Data Supplier or any Data Partner, you must not:

a)             represent or imply that CSIRO, the Data Supplier, any Data Partner or the Commonwealth of Australia, supports or endorses, or is connected with you, your product or any other use that you make of the Licensed Data;

b)             use CSIRO, the Data Supplier, any Data partner or their logos, trademarks, acronyms or designs in association with your use of the Licensed Data;

c)             do anything that may mislead third parties into believing your product is connected to or endorsed by CSIRO, the Data Supplier or any Data Partner; or

d)             use any of the Controlled Word List, as provided in the Product Specific Terms (please see subsection 10.5), unless provided in the specified format in the naming of your product.

  1.           Resolving disputes

Any dispute, controversy or claim arising out of or in connection with these Terms and/or any Additional Product Terms or your access to the Data Shop and/or Products (‘Dispute’) must be dealt with in accordance with this clause. This clause does not prevent either of us from seeking urgent injunctive or similar interim relief from a court.

A party claiming that there is a Dispute must notify the other in writing and give details of that Dispute. The parties agree to negotiate in good faith to resolve the Dispute.

If the Dispute is not resolved within ninety (90) days from the date that the written notice of the Dispute is received, then the Dispute must be submitted to mediation in accordance with, and subject to, the Resolution Institute Mediation Rules.  The mediation must take place in Sydney, Australia and be administered by the Resolution Institute.

  1.                  Force Majeure

 

Force Majeure’ means in respect of a party a circumstance beyond reasonable control of the party which results in the party being unable to observe or perform on time an obligation under these Terms. Such circumstance may include but is not limited to fire, storm, flood, drought, earthquake, explosion, war, invasion, rebellion, terrorism, sabotage, epidemic, pandemic, public health emergency, labour dispute, labour shortage, failure or delay in transportation and act or omission (including laws, regulations, imposition of sanctions, embargoes, restriction, prohibition, disapprovals or failures to approve) of any third person (including, but not limited to, customers, public authorities, governments or government agencies other than CSIRO).

Neither party is liable for any delay or failure to perform its obligations pursuant to these Terms and/or any Additional Product Terms if such a delay is due to Force Majeure.

If a delay or failure of a party (‘affected party’) to perform its obligations is caused or anticipated due to Force Majeure, the performance of the affected party's obligations will be suspended until the Force Majeure has ended.

  1.                      Assignment and novation

Notwithstanding any provision in this agreement, CSIRO may assign or novate any rights and obligations under this agreement subject to the conditions CSIRO chooses to impose.

  1.                      Waiver and Severance

 

No action of CSIRO, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and/or any Additional Product Terms.

If any these Terms and/or any Additional Product Terms are prohibited, void or unenforceable under any applicable law, it will be severed to the extent necessary to make these Terms and/or any Additional Product Terms valid and enforceable. The severance of a term will not affect the validity or enforceability of the remaining terms.

Any provision of this agreement which is prohibited or unenforceable in a jurisdiction will be severed to the extent necessary to make this agreement valid and enforceable. The severance of a provision will not invalidate the remaining provisions of this agreement nor affect the validity or enforceability of that provision in any other jurisdiction.

  1.                      Entire agreement

All international conventions that might import contractual terms into these Terms and/or any Additional Product Terms are excluded, including the United Nations Convention on Contracts for the International Sale of Goods.

These Terms and/or any Additional Product Terms are to be read subject to any laws (to the extent they are applicable in the circumstances) that cannot be excluded, so that the agreement will as far as possible be valid and enforceable by CSIRO in the relevant circumstance.

  1.                      Governing law

These Terms and/or any Additional Product Terms are governed by and construed in accordance with the laws of New South Wales, Australia and you agree to submit to the jurisdiction of the courts in that State.

Notwithstanding the foregoing, CSIRO has the right to commence and prosecute any legal or equitable action or proceeding before any non-Australian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion CSIRO, such action is necessary or desirable.

  1.                      Use of Your Information and Material

CSIRO appreciates any suggestions (“unsolicited ideas”) you may have regarding ways in which the Products may be improved or materials which may be added to this Data Shop. Any unsolicited ideas that you submit will not be regarded as confidential and will become the property of CSIRO. CSIRO may use, reproduce, disclose, publish, modify, adapt and transmit them to others, without restriction or any obligation to compensate you.