Terms and Conditions

1.Background
Thank you for visiting our Terms of Use (Agreement), we are Climatics Intelligence Pty Ltd ACN 671 035 359 of Level 8, 210 George St, Sydney NSW 2000 (Climatics, we, our, us and other similar terms). We provide statistical reports to Australian consumers which assist them to understand historical climatic risks faced by their property, known as the Climatics Reports (Climatics Report).
This Agreement outlines the terms and conditions associated with your use of our website and the licence to Climatics Reports which you purchase. It is your obligation to ensure that you have read, understood and agree to the most recent terms available at www.propertyclimatereport.com.au (Website).
2.Agreement
Throughout the Agreement we use some capitalised words and phrases, like the word Agreement. These capitalised words and phrases are defined in clause 15.1. They aid to clarify the terms and conditions. Please feel free to email us at support@climatics.io if you have any questions.
By using our Website or otherwise procuring a Climatics Report, you agree to comply with and be legally bound by the terms and conditions of this Agreement. If you do not agree to these terms, you have no right to continue using our Website or procure a Climatics Report.
You must not procure a Climatics Report if you are not able to form legally binding contracts or are under the age of 18.
3.Procuring a Climatics Report
3.1Placing orders
The Climatics Reports available via this Website are presented as an invitation to treat. The price shown at the time you enter your payment details is the total price of the order.
By entering your property and payment details, you are making an offer to us on the terms and conditions set out in this Agreement. We are under no obligation to accept an offer. However, acceptance of your offer is deemed once we confirm your order and process your payment.
If you identify an error in the order, please contact us. If at that time your order has not been confirmed, we will wherever possible amend it.
3.2Purchases via this Website
You acknowledge we provide you with a facility whereby you can receive our Climatics Report by downloading them from this Website. While you receive a digital copy for download, you only receive a Licence to use the Climatics Report ( Licence). The terms of the Licence you obtained are set out in clause 4 and nothing in this agreement is intended to transfer or assign Copyright in any of our Climatics Reports.
All prices quoted are in Australian Dollars and are inclusive of GST, withholding taxes, duties and charges imposed or levied in Australia, or overseas, in connection with this Agreement. You are responsible for all bank or foreign exchange fees associated with your purchase.
We will email you a tax invoice for the Climatics Report, for the amount specified at the time of placing an order.
4.Climatics Report Licence
4.1Licence terms
Upon payment of the Fees we grant you a Licence to the Climatics Report on the terms set out in clause 4.2. You acknowledge and agree in order to purchase a Licence for Climatics Report, you are required to provide us with Personal Information.
The Climatics Report is a tool that assists you in making decisions regarding risks faced by the property to which the report relates. You acknowledge and agree that:
(a) the Climatics Reports contain inherent statistical uncertainties
(b) the Climatics Reports are derived from historical data only and no attempt to predict or forecast events, risks or probabilities is provided for in the report
(c) historical event data is limited by population bias, unreported events and over and under reported severity levels
(d) we cannot guarantee the completeness, accuracy, usefulness or timeliness of the Climatics Reports; and
(e) we are not liable for the implications associated with any decisions you make when relying on the content of the Climatics Report.
4.2Licence for Climatics Report
The Licence to use the Climatics Report:
(a) is non-exclusive, worldwide, non-transferable, perpetual and royalty free
(b) is for individual non-commercial use only;
(c) authorises you to use and reproduce the Climatics Report subject to the following limits.
You must not:
(a) transfer or otherwise distribute the Climatics Report to any other person;
(b) allow a third party to use, download, extract or access the Climatics Report from our Website; or
(c) use the Climatics Report other than as expressly provided by this Agreement.
4.3Minimum System Requirements
(a) In order to access the Climatics Report your computer or device must:
(i) be running a compatible browser, being, Google Chrome, Mozilla Firefox, Edge Explorer, and Safari
(ii) to view the report, users do not require an active internet connection but do require one of the programs listed in 4.3(a)(i) to be installed on their device. The report has been optimised for viewing on desktop, laptop, tablet and phone. (Minimum System Requirements).
(b) You are solely responsible for ensuring you computer and device has the necessary software and specifications to access the Climatics Report.
5.Downloading the Climatics Report
The Climatics Reports made available via our Website are digital products, which we make available for download. We do not provide hard copies of any Climatics Report.
Once the Climatics Report you ordered is available to be delivered, we will provide a unique download link for you from the payment confirmation page. The download link will only be valid for six months from the date of purchase. You may incur additional fees if we are required to reproduce a new download link for you.
We will email you the tax invoice which will also contain your link to download the Climatics Report. Please check your email (including the spam folder). If you have difficulties downloading your Climatics Report from the supplied link, please contact us immediately via the contact page on our Website so that we may follow up on your purchase.
6.Refunds
If you, acting reasonably, find the Climatics Report to be faulty or inconsistent with your property details, you must contact us to obtain a refund in accordance with the Australian Consumer Law.
7.Use of the Website
7.1Information only
Other than the descriptions of our Climatics Report, our Website may provide content that is for informational purposes only. It is to be used or relied on at your own risk. We make no warranty or representations as to the accuracy of that information.
7.2Third party websites and hyperlinks
The Website may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third party websites and are therefore not responsible for the hyperlinks, information or downloads available on them. You visit third party websites entirely at your own risk.
Where we provide hyperlinks, we do so only for your convenience and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of the content on the third party website.
7.3Amendments and accessibility
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove content from, redesign, improve, take offline (temporarily or permanently) or otherwise alter the Website at our sole and absolute discretion.
From time to time, without notice, access to all or part of the Website may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to the Website as soon as practicable.
7.4Conduct which is expressly prohibited
You must not:
(a) in any way tamper with, hinder or modify the Website
(b) knowingly transmit any viruses or other disabling features to or via the Website
(c) intentionally disable or circumvent any protection or disabling mechanism related to the Website;
(d) install or store any software applications, code or scripts on or through the Website;
(e) use the Website in any way which could be reasonably expected to interfere with or damage our network, any other operator's network, or another user's enjoyment of the Website; or
(f) attempt, facilitate or assist another person to do any of the above acts.
7.5Right to suspend
We reserve the right to limit or suspend your access to the Website if in our reasonable opinion, you are in breach of any of your obligations or warranties in this Agreement.
7.6Support
If you experience a problem associated with the use of our Website, please contact us via support@climatics.io.
8.Privacy
You agree and consent to us handling your Personal Information in accordance with our Privacy Policy. We may amend our Privacy Policy in our sole discretion. If we amend our Privacy Policy, we will post the new version on our Website.
9.Intellectual Property
9.1Our Warranties regarding Intellectual Property
We warrant we own or have a licence to use the Intellectual Property in the Website and the Climatics Report, and in the case of the Climatics Report the right to licence them in accordance with the terms of this Agreement.
9.2Your warranties regarding Intellectual Property
Subject to any License terms for Climatics Report, you warrant you will not do any of the following, or permit any person over whom you have effective control to:
(a) copy or reproduce, or create an adaptation or translation of, all or part of the Website in any way, except to the extent that reproduction occurs automatically through its ordinary use;
(b) incorporate all or part of the Website in any other webpage, site, application or other digital or non-digital format; or
(c) directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, content, architecture, or algorithms contained in the Website; or
(d) use any Climatics Report in a manner which is inconsistent with the Licence set out in clause 4
10.Warranties
We aim to provide the best possible user experience, however, subject to the Non-excludable Conditions, we make no warranties or guarantees that the Website or any Climatics Report is fault free, regarding the Website’s or any Climatics Report’s fitness for any particular purpose which we have not expressed, or regarding your access to, or the results of your access to, the Website or any Climatics Reports including their correctness, accuracy, timeliness, completeness, reliability or otherwise.
You acknowledge and agree that we make no warranties that any Climate Report is complete, or up to date or that it meets any particular statistical degree of certainty.
11.Limitation of Liability
11.1Implied Conditions
We expressly exclude all conditions, warranties and other terms which might otherwise be implied by any law, regulation, statute, common law or law of equity except any Non-excludable Condition.
11.2Limitation of Liability
Subject to the Non-excludable Conditions, we exclude all other liability for any costs, including consequential losses, suffered or incurred directly or indirectly by you in connection with this Agreement, including:
(a) the Website or any Climatics Report being inaccessible for any reason;
(b) computer virus, trojan and other malware in connection with our Website;
(c) negligence arising from our activities or that of our service providers;
(d) the occurrence of an Event of Force Majeure;
(e) those arising from your reliance on any Climatics Report;
(f) any statistical uncertainties associated with any Climatics Report;
(g) your breach of this Agreement; or
(h)any act or omission by you, your personnel, your associates or any related body corporate under or in relation to this Agreement.
11.3Limits to liability associated with goods and services
To the maximum extent possible under the law, we limit our liability for any breach to: in the case of goods: the re-supply of the goods or payment of the cost of the re-supply of the goods, or the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and in the case of services: the resupply of the services or the payment of the cost of having the services resupplied.
11.4Consequential Loss
Notwithstanding any other clause in this Agreement, and to the maximum extent permitted at law, neither party is liable to the other for any Consequential Loss.
11.5Indemnity
You indemnify us against all costs suffered or incurred, however caused, arising wholly or partially, directly or indirectly, from your use of any Climatics Report, your breach of this Agreement, any harm to, claim or action by a third party (including to that third party's real or personal property) which arises from your use of, or reliance on, any Climatics Report.
12.Dispute Resolution
A party claiming a dispute has arisen under this Agreement (Dispute) must give written notice to the other party specifying the nature of the Dispute. The parties must submit themselves to the dispute resolution procedure set out in this clause 12 before commencing any legal proceedings.
If the parties cannot resolve the Dispute between themselves within 30 days then either party may require the Dispute to be referred for mediation. The mediation must be undertaken in accordance with the Resolution Institute Mediation Rules, within the jurisdiction of the Agreement and, unless otherwise agreed between the parties, using a mediator nominated by the Resolution Institute. If the Dispute is not resolved within 30 days of the mediation commencing either party may commence proceedings in respect of the Dispute.
Each party must pay its own internal and legal costs in relation to complying with this clause 12. The mediator’s costs are to be shared equally.
The parties acknowledge and agree this clause 12 does not apply to the recovery of any debt or prevent a party from instituting proceedings for the purposes of seeking urgent injunctive or similar interim relief from a court.
13.Termination
Either party may terminate this Agreement if the other party commits a material breach of this Agreement and the breach is incapable of being remedied or if the breach is capable of being remedied, the party in breach has failed to remedy the breach within 14 days after the receipt of notice to remedy.
14.General
Assignment - We may assign, encumber, declare a trust over or otherwise create an interest in our rights in this Agreement without your consent.
Entire Agreement - This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
Notices - The parties agree all notices, disclosures and other communications that are provided in accordance with this clause, satisfy any legal requirement that such communications be in writing. Any communication under or in connection with this Agreement:
(a) which we send to you, will be sent to the email address provided to us in your Account and by accepting these terms you give your consent to receive communications from us by email; and
(b) which you send, must be either delivered or posted by prepaid post to the address set out at clause 1 or sent by email to our email address set out at clause 2.
Relationship - Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties.
Severability - Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change its intended effect.
15.Definitions and interpretation
15.1Definitions
Unless the terms and conditions of the Agreement state otherwise, the following expressions used in this Agreement have the following meanings:
Agreement means these terms and conditions and any document incorporated into them by reference.
Climatics Report means the statistical reports which assist consumers to understand historical climatic risks faced by their property, which may be procured via the Website.
Consequential Loss means indirect or consequential loss not arising as a natural consequence of a breach or other event giving rise to liability of a party, any loss of profits, loss of revenue, loss of any contract value, loss of anticipated profit, damages for lost opportunity, damage to persons, damage to personal or real property or loss of data.
Copyright means any copyright under the Copyright Act 1968 (Cth), any copyright under the law of a country other than Australia and rights in the nature of or analogous to the rights in (a) and (b) above under the law of Australia or any other country (including future copyright and rights in the nature of or analogous to copyright).
Event of Force Majeure means an act of war (whether declared or not) or terrorism, the mobilisation of armed forces, civil commotion or riot, natural disaster, health epidemic, industrial action or labour disturbance, currency restriction, embargo, action or inaction by a government, a failure of a supplier, public utility or common carrier or computer disruption due to the effects of a computer virus, trojan, malware, a ransomware attack or other malicious code.
Intellectual Property means all present and future rights conferred by statute, common law or equity (and all moral rights) in or in relation to business names, domain names, circuit layouts, computer code, confidential information, copyright, designs, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Licence means the licence to use the Climatics Report in accordance with the provisions set out in this Agreement.
Minimum System Requirements means the minimum requirements for your device or computer required to access the Climatics Report, as set out at clause 4.3.
Non-excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
Personal Information means information or an opinion about an identifiable individual (not a company), whether or not that information or opinion is true or in a material form.
Privacy Policy means the privacy policy available on our Website as amended by us from time to time.
You or your means the person or entity using our Website and the person who procures any Climatics Report.
Us, we or our means Climatics Intelligence Pty Ltd ACN 671 035 359.
Website means the website located at www.propertyclimatereport.com.au and any of its subdomains.
15.2Interpretation
Unless the terms and conditions of the Agreement explicitly state otherwise, the Agreement will be interpreted as follows:
(a) a reference to a party includes that party's permitted assigns, administrators, successors, executors, legal representatives and any novated party;
(b) unless used for the usual grammatical purpose, inverted commas around a term indicate industry jargon that will be interpreted according to how that term would be understood by an individual with expertise in the relevant industry;
(c) "including", "includes" or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;
(d) where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
(e) headings are for convenience and will not affect interpretation;
(f) words in the singular will be taken to include the plural and also the opposite;
(g) when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body;
(h) a reference to a party's conduct includes omissions as well as acts; and
(i) if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as sole and absolute.