Terms of Use

TERMS OF USE FOR ACCESS TO COOL SUBURBS

1. The Cool Suburbs Tool [Version 2] is developed by WSROC in partnership with Resilient Sydney and the Greater Sydney Commission.
2. The Cool Suburbs Tool [Version 2]is a voluntary, industry-based performance (ratings) tool to assess and improve place-based urban heat resilience. The Cool Suburbs Tool (Version2] is intended to inform and guide planning and development decisions, and has been designed for use by both industry and government.
3. The Cool Suburbs Tool [Version 2] is provided to support organisations, and the wider community in New South Wales (NSW). The aim of the Cool Suburbs Tool [Version 2] is to better address the risk of both urban heat and extreme heat in Sydney and NSW.

GENERAL

The information and data available from the Cool Suburbs V2 (‘TOOL’) is available on an 'as is' basis. WSROC makes no warranty, representation or guarantee of any type as to any errors and omissions, or as to the content, accuracy, timeliness, completeness or fitness for any particular purpose or use of any information and data available from the TOOL. To the maximum extent permitted by law, WSROC excludes all warranties in relation to the data and information. If you find any information that you believe may be inaccurate, please let us know by emailing WSROC (info@coolsuburbs.au) .

WSROC may modify the data and information available from the TOOL and/or discontinue providing any or all of that data at any time and for any reason, without any notice to you. Accordingly, it is recommended that you regularly check the TOOL to ensure that the latest version is used.

WSROC’s liability for the breach of any warranty implied by law which cannot be excluded is limited to the resupply of the relevant data or information, where possible by WSROC. In any case, WSROC’s maximum aggregate liability will not exceed one dollar ($1.00). To the maximum extent permitted by law, WSROC excludes all liability to you in contract, tort (including negligence) or otherwise in connection with these terms and the data for loss of profit, revenue or anticipated savings, loss of business opportunity or goodwill, loss of data or the recreation of lost data, aggravated or exemplary damages or indirect, special, or consequential losses.

You agree to indemnify and keep indemnified WSROC against any liability, action, claim, demand, damage, cost or expense incurred or suffered by WSROC arising from your use of the data and information.

You acknowledge that any Intellectual Property Rights (as defined below) in the TOOL and in any information or data contained within the Cool Suburbs Tool remains wholly vested in WSROC.

YOUR OBLIGATIONS

The data and information may be used to support your organisation as a means of identifying specific measures that should be considered at different stages of the relevant development process in order to assess the urban heat resilience of the relevant development and to provide guidance for the assessment of urban heat resilience in existing and new suburbs. Other than a credit score generated by the Cool Suburbs Tool in accordance with these ToU, all information and data contained within the Cool Suburbs Tool must not be used for any commercial purposes without WSROC’s express permission (such permission to be given by WSROC entirely at WSROC’s sole discretion) You are not permitted to lease, lend, sell or transfer the data unless expressly permitted by WSROC.

Subject to the limitations set out above, if you are going to copy, reuse, adapt, build on, or redistribute any information, data, visualisations or credit score generated from the TOOL, then you must include the following credit statement alongside the relevant data:

“Cool Suburbs NSW (WSROC)”

WSROC reserves the right to terminate your access to the TOOL in its sole and absolute discretion and without any notice to you. You acknowledge that access and use of the information and data pursuant to these terms does not transfer or grant any intellectual property rights to you in the information and data.

I acknowledge that I have read, understood and agreed to the terms set out above in relation to the use of and access to the data.  Accordingly, I confirm that I would like to receive a login to the TOOL.

Where I am accepting these terms on behalf on an organisation, by accepting these terms, I warrant that I have authority to bind the relevant organisation to these terms.

DEFINITIONS

‘Intellectual Property Rights’  means all present and future rights conferred in law in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions and confidential information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, throughout the world, whether or not registrable, registered or patentable that exist or that may come to exist anywhere in the world. 

‘Permitted Purpose’ means identifying specific measures that should be considered at different stages of the relevant development process in order to assess the urban heat resilience of the relevant development and to provide guidance for the assessment of urban heat resilience in existing and new suburbs. 

‘TOU’ means these terms of use. 

‘WSROC’ means Western Sydney Regional Organisation of Councils Ltd. 

‘You’ means the user of the TOOL.