Software Use

CChangeAP is committed to supplying access to our climate change adaption & risk management software for free. To continue to do this, we rely on users to honour these terms, and respect CChangeAP rights to fair remuneration when CChangeAP outputs are intended for commercial gain.

CChangeAP reserves the right to change the following terms of use for future services.


General

To the best of our ability and extent to which our available resources allow we commit to the following:

  1. Being transparent with our users about issues with our software
  2. Take measures to ensure that CChangeAP outputs are comparable between clients
  3. Providing CChangeAP software to our users in an online environment
  4. If supported, improving our software over time to make it easier to use, more accurate and more flexible

Certification Requirements

If the use of our software is for Commercial Purposes then the user must have their report peer reviewed and certified through CChangeAP.

Commercial purposes includes, but are not limited to the following:

  • Conduct or support work that you are being paid for by another entity
  • Where the results will be used to inform commercial decisions

Commercial purposes does not include using CChangeAP as a student for educational or research.


Project Certification Timeframe

The following timeframes are presented for the completion of review and certification of the Climate Change Adaptation and Resilience Plan:

  • Do-It-Yourself: 1 week from engagement
  • Full Service: 2-3 weeks from engagement, pending provision of all required project specific information and availability of all stakeholders input. Project specific requirements can be discussed on an as need basis. Please contact CChangeAP staff at info@cchangeap.com.au

Accounts and Passwords

Users are responsible for the confidentiality and maintenance of their personal account information and password. Users accept responsibility for all activities which occur under their account and password. It is important that users keep their personal details and password confidential and secure, and should notify us immediately if they become aware of any unauthorised access to their account. CChangeAP shall not be liable to any person for any loss or damage as a failure by users to protect their password or account details.

Users must not impersonate any other person, entity, use a false name or a name which they do not have authority to use. Users must not use the CChangeAP website in any way which will cause or is likely to cause the website to be impaired, damaged or interrupted in any way.


Accuracy

Please note that the accuracy of CChangeAP software is limited by the proficiency of software users, accuracy of the data input by users, and current assumptions used in the CChangeAP calculations.

It is the responsibility of users to ensure that any recommendation is incorporated into any application for certification.

We request that users report known inaccuracies so that we can investigate accordingly and when resources permit, rectify the issue.


Intellectual Property

CChangeAP acknowledge that the intellectual property in user’s plans, material take offs, building specification documents etc. remains the user’s. These documents are protected under copyright law and CChangeAP commits to keeping these documents confidential.

Users acknowledge that the calculation formulae, program interface, design and structure of the software and reports are CChangeAP property. Users will not attempt to copy, decipher, reverse engineer or disassemble any of the software or the data stored by CChangeAP. Users also agree not to distribute incomplete, draft or uncertified CChangeAP reports, or the data within. Once a design has been certified, and/or a final report released this may be distributed.


Report not to be used in part

Any report produced by CChangeAP, whenever reproduced will be reproduced in its entirety and as a whole. No part of the report is to be taken out of context or to be reproduced without the remainder of the report.


User Warranty

We cannot warrant the services covered under this agreement. Whilst we test CChangeAP regularly and before releasing new builds, we openly admit that our software is not perfect and may contain bugs, some of which we may not have the resources to rectify, and some of which we may not even know exist.


Liability

Users assume full responsibility and risk of loss resulting from use of our software. Under no circumstances will CChangeAP or any of our employees be liable for any type of damages regardless of our knowledge or otherwise of the possibility of such damages. To the maximum extent permitted by law: CChangeAP’s liability to any user arising out of or in connection with the use of CChangeAP software or any services provided by CChangeAP (including its performance or non-performance), whether under the law of contract, in tort, in equity, under statute or otherwise, shall be limited to the amount paid by the user for the use of such software or services provided.


Indemnity

Users indemnify CChangeAP, our directors, officers, employees and representatives against any losses resulting from any use of the software or provision of services that are not covered under these terms. Users also agree to indemnify CChangeAP from all losses resulting from claims of third parties that result from any use of the software or provision of services not covered under these services.


Payment

Payment is due to CChangeAP on application to have any report certified. All prices are in Australian dollars (AUD), include GST (goods and services tax) and are subject to change.


Right to Review

CChangeAP reserves the right to review user’s accounts and the data captured within those accounts. We will do this for the following reasons:

  1. Develop better software tools, processes and calculations for our customers to use.
  2. Update our best practice examples so that users can benefit from and contribute to a collaborative pool of knowledge regarding adaptation, mitigation and risk management strategies.
  3. Ensure that all users are being fair in their use of the CChangeAP software and respect our requirement to be reasonably remunerated for use of the software that is intended for commercial purposes.

Data Protection

User privacy is very important to us and we are committed to treat personal data (e.g. your name, telephone number, email address, payment details) with respect and confidentiality.

Any personal information collected within CChangeAP will only be used by us. We do not pass on, sell or swap any of your personal details with other parties.

We collate statistics about the website traffic, sales and other commercial information which we use to improve our service to you; however, this information is collected on an anonymous basis.

We also endeavour not to provide any of your personal data to any Outside Company (a company that is not related bodies corporate of CChangeAP).


Termination

If you fail, or CChangeAP suspects on reasonable grounds that you have failed, to comply with any of the provisions of this Terms and Conditions, CChangeAP, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the software.


Miscellaneous

This Terms and Conditions constitute the entire agreement between you and CChangeAP and govern your use of the software and any related services, superseding any prior agreements between you and CChangeAP. If any part of this Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. CChangeAP's failure to enforce any right or provisions in this Terms and Conditions will not constitute a waiver of such or any other provision. CChangeAP will not be responsible for failures to fulfil any obligations due to causes beyond its control.

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the CChangeAP software. All usage of the CChangeAP software and any related services are governed by the laws of Western Australia. You expressly agree that exclusive jurisdiction for any claim or dispute with CChangeAP relating in any way to your use of the Software or related Services resides in the courts of Australia.