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Building and Plumbing Commission Website and Application Terms of Use
The Building and Plumbing Commission (referred to as BPC, we, our or us) owns and operates the Website www.bpc.vic.gov.au (Website).
This document sets out the terms and conditions for access to or use of the BPC Website, the eToolbox Portal and the BPC Portal. The terms and conditions are comprised of Parts A to C. By accessing or using the BPC’s Website, eToolbox Portal or the BPC Portal, you agree to be bound by these terms and conditions.
These terms and conditions are set out in Three Parts:
(a) These Terms of Use (Terms) govern your:
(b) Please read these Terms carefully before accessing or using the Website or the BPC Portal.
(c) These Terms apply to all visitors, users and others who access or use the Website or the BPC Portal, and any person or body corporate that authorises another person to access or use the Website or the BPC Portal on their behalf.
(a) By accessing or using any part of the Website or the BPC Portal or authorising any person to access or use any part of the Website or the BPC Portal on your behalf, you are agreeing to be bound by these Terms and all other notices and policies posted by the BPC on the Website or the BPC Portal.
(b) If you disagree with any part of the Terms, do not access or use any part of the Website or the BPC Portal, or authorise any person to access or use any part of the Website or the BPC Portal on your behalf.
(a) We may in our absolute discretion make changes to these Terms from time to time. Your access to or use of the Website or the BPC Portal will be governed by the most recent terms posted on the Website or the BPC Portal. By continuing to access or use the Website or the BPC Portal, you agree to be bound by the most recent Terms.
(b) Every time you wish to access or use the Website or the BPC Portal, please check these Terms to ensure you understand the terms that apply at that time. Should you object to these Terms or any subsequent amendment of these Terms, you must immediately discontinue access or use of the Website or the BPC Portal.
We may update and change our Website or the BPC Portal from time to time to reflect changes to our services, our users' needs, changes in law, our business priorities or for other reasons. We will try to give you reasonable notice of any major changes.
(a) The BPC Content on the Website or the BPC Portal is for general information purposes and guidance only. It is the responsibility of all persons to undertake their own assessment of, and obtain independent advice in respect of, the BPC Content on the Website or the BPC Portal. Any use of or reliance on the BPC Content, materials or information by you, another person or organisation is at your own sole risk and is not a substitute for undertaking an assessment of, and obtaining independent advice in respect of, the BPC Content on the Website or the BPC Portal.
(b) The BPC Content on the Website or the BPC Portal is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence.
(c) All intellectual property rights, including copyright, in the Website and BPC Content are owned or licensed by the BPC. You must not copy, modify or transmit any part of the Website or BPC Content without our written consent or permission as stated on the Website. For more information, please refer to our copyright statement accessible at the BPC website.
(d) Information and resources on the Website or the BPC Portal may be subject to specific copyright licenses or restrictions.
(e) The Website or the BPC Portal may contain trade marks, logos or trade names of the BPC or third parties, which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Website or the BPC Portal.
You agree that in accessing or using the Website or the BPC Portal, you will not engage or attempt to engage in any activity that:
(a) download (other than page caching) or modify the Website or the BPC Portal or any portion of the Website or the BPC Portal;
(b) impersonate or falsely claim to represent a person or organisation;
(c) frame the Website or the BPC Portal without the BPC's express written permission;
(d) post, link to, or otherwise communicate or distribute any misleading or deceptive, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or material or information which is likely to mislead or deceive, or otherwise use the Website or the BPC Portal in a manner which is unlawful or may infringe the rights of another person including any intellectual property rights;
(e) post, link to, or otherwise communicate, or distribute any material or information that may be deemed inappropriate by the BPC in its absolute discretion;
(f) bypass (or attempt to bypass) any security mechanisms imposed by the Website or the BPC Portal;
(g) provide access or links to any material (including links to peer to peer network trackers/beacons) which may infringe the intellectual property rights of another person;
(h) deletes or alters or attempts to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website or the BPC Portal; or
(i) knowingly posts or transmits or permits the posting or transmission of any material, which contains any hardware or software bugs, viruses, Trojan horses or any other form of harmful, destructive or malicious data, code or material.
(a) The Website or the BPC Portal may contain links to other websites. We have not reviewed all of the third party websites linked on the Website or the BPC Portal. We are not responsible for, and will not be liable in respect of, the content or accuracy of the content and privacy practices of other websites, and any links to these other websites should not be interpreted as an endorsement of any company, content or products. We encourage you to examine each website's terms and conditions and privacy policy and satisfy yourself in this regard.
(b) Facebook, X, Instagram, LinkedIn, YouTube or any other third party websites which are linked to the Website or the BPC Portal, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, you do so at your own sole risk. We are not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe, offer or provide. We are not responsible for and will not be liable in respect of any incorrect link to an external website.
(a) In order to improve the Website or the BPC Portal, we may use cookies to track your access or use of the Website or the BPC Portal. A cookie is a small piece of data sent from a website and stored on the user's computer by the user's web browser to identify them as a visitor to that website. The cookie is recognised by the website each time the user visits. This information does not identify the user personally. Cookies are used in a variety of ways, for example to record when a user visited a particular section of the Website or the BPC Portal, to establish what version of browsing software they are using, or to ensure online applications and transactions do not require a user to re-enter information when they move between web pages.
(b) In this way, cookies can improve a website's operation and make the experience more efficient and personalised for each user. Importantly, in depositing information on a user's computer and referring to it later, whether in the same session or on a subsequent visit, there is no need to identify the user or record any personal information.
(c) Generally, it is recommended that users set their browser to identify the presence of cookies, which also provides the option of accepting or rejecting them. Some parts of a website may not function fully if a user rejects cookies.
(a) We use Google Analytics to gather information about visitors to our sites to help improve our digital services. Google Analytics uses first-party cookies and JavaScript code to collect this information. It anonymously tracks how our visitors interact with our sites, including where they came from and what they did on the site.
(b) Non-personal data is collected for statistical purposes and includes:
(c) You may wish to examine the terms and conditions and privacy policy of Google Analytics and satisfy yourself in this regard. You can opt out of Google Analytics if you disable or refuse the cookie, disable JavaScript, or use the opt-out service provided by Google.
(a) In order to access certain features and functionality of the BPC Portal you will have to register for a BPC account by providing all of the information required at registration. You may also be required to register for a Service Victoria account through the Service Victoria platform to access certain features and functionality associated with the BPC Portal. Service Victoria accounts are governed by their terms of use.
(b) When creating your BPC Portal account you warrant to the BPC that all information you have provided is true, accurate and complete. You will update or promptly inform the BPC if there is any change to this information or data, including but not limited to:
(c) You must provide an email address that you own or control as part of the BPC Portal account registration process. We will use this email address to communicate with you, including for the purposes of serving or delivering any information or document as an electronic communication that we may be required by law to serve or deliver upon you, and for other purposes, in accordance with the privacy collection statement when you register for a BPC Portal account. If you do not have an email address to create a logon to the BPC Portal, please contact our Customer Experience Team on 1300 067 088, who can assist you in the next steps.
(d) The BPC will issue you login details to access and use the BPC Portal upon receiving and verifying all information required and requested by us as part of the registration process.
(e) You are permitted to access and use the BPC Portal once your registration has been accepted by the BPC and you have received your login details.
(f) You agree that you will not create more than one BPC Portal account and if we disable or terminate your account for any reason, you will not create another one without our permission, whether through the use of your own personal details or those related to you or created by you.
(g) We reserve the right to refuse registration of a BPC Portal account, in the BPC’s absolute discretion.
(h) Your registration for a BPC Portal account may be refused in the absolute discretion of the BPC if your User Content uploaded via your account involves any of the prohibited uses set out in clause 6 or is otherwise deemed inappropriate in our absolute discretion.
(a) You are permitted to access or use the BPC Portal for the following purposes only:
(b) You are not permitted to and must not use the BPC Portal for any prohibited use set out in clause 6, or for any other prohibited or unauthorised use as determined by the BPC in writing from time to time.
(c) You must follow all the rules and restrictions set out in these Terms or elsewhere on the BPC Portal, including any terms and conditions of third parties which are published on or linked to in the BPC Portal.
(a) When you access or use the BPC Portal, you may upload or link pictures, documents, photographs, graphics, information, comments, content, text or other data or material to the BPC Portal (User Content).
(b) You agree to be solely responsible for any User Content you upload or link to the BPC Portal and any User Content uploaded or linked to the BPC Portal on your behalf (including via third party intermediaries, applications or platforms). You warrant and represent to the BPC that any User Content you upload or link to the BPC Portal and any User Content uploaded or linked to the BPC Portal on your behalf (including via third party intermediaries, applications or platforms), will not violate any of these Terms.
(c) You retain any intellectual property rights in the User Content you upload or link to the BPC Portal and in any User Content uploaded or linked to the BPC Portal on your behalf (including via third party intermediaries, applications or platforms). By uploading the User Content (or causing or allowing the upload on your behalf of the User Content), you grant to the BPC a perpetual, non-exclusive, royalty free, irrevocable, transferable and worldwide licence (including the right to sub-licence) to use, adapt, copy, communicate, reproduce, modify, display, exploit, publish, re-distribute, broadcast, transmit, create derivative works from and incorporate in other works, the User Content, at any time in the future in any form and for any purpose.
(d) You acknowledge and agree that the BPC:
(e) You represent and warrant to the BPC that:
(f) You acknowledge and agree that the BPC does not guarantee any confidentiality with respect to any User Content you upload or link (or cause to have or allow to have uploaded or linked on your behalf, including via third party intermediaries, applications or platforms) to the BPC Portal.
(g) You further acknowledge and agree that:
(a) Payment for the following Fees is made online through the BPC Portal:
(b) The BPC uses a Westpac hosted payment Gateway (PayWay) to provide payment services for the Website. For more information on Westpac security processes, please visit their Website.
(c) We accept payment via PayWay using VISA or MasterCard credit or debit cards. BPAY is available for building permit payments only.
(d) We only accept credit or debit cards issued in Australia. The credit or debit card holder must be either the BPC account holder or nominated payer as indicated on the Building Permit Number application (where applicable).
(e) If you choose to pay by credit or debit card, you authorise the BPC to debit the amount of Fees payable by you in respect of any application (as applicable).
(f) If you choose to pay a building permit fee by BPAY, the BPC Portal will generate a unique BPAY reference number. You will then need to contact your bank or financial institution to make payment. Once the payment is made, you will need to enter your receipt number into the BPC Portal to finalise your application.
(g) When submitting your credit or debit card or other payment information on the Website or the BPC Portal, you represent and warrant to the BPC that:
(h) We reserve the right in our absolute discretion to cancel any payment if it appears fraudulent in any way, and we may notify the card holder and the relevant authorities.
(i) If we are unable to successfully process your credit or debit card or other payment method for your payment, or process your BPAY payment, then we may cancel your application or registration renewal.
(j) We will provide you with a receipt at the time of confirmation of the payment of Fees which specifies the total Fees paid by you in respect of a payment. For BPAY payments, you will receive the receipt once the payment has been reconciled by the BPC.
(k) All currency references are references to Australian dollars.
(l) All Fees may be subject to change from time to time in accordance with relevant government regulations.
(m) Payment related enquires, including requests for refund of Fees, can be directed as follows:
(a) You are responsible for your BPC Portal account and everything that happens in respect of your account. This means you need to be careful with your password.
(b) You are responsible for all acts and omissions of any person using your password or BPC Portal account, as if they were at all times your own acts and omissions. You acknowledge and agree that you will not share, disclose, or permit disclosure of, your password, let anyone else access your account or do anything that would (or may be likely to) risk the security of your BPC Portal account. The BPC will not in any event be liable for any direct or indirect loss, cost, expense, claim, liability, damage, action or demand that may be incurred due to any cause howsoever arising out of the use or misuse of your password or BPC Portal account, and you indemnify the BPC against any and all direct or indirect loss, cost, expense, claim, liability, damage, action or demand in this regard.
(c) You must notify the BPC immediately if you become aware of or suspect any unauthorised access or use of your BPC Portal account.
(d) You must not allow another person to use your BPC Portal account or transfer your BPC Portal account to someone else.
(e) You are responsible for ensuring your browser is current with the latest patches applied to protect your information. Failing to do this may compromise the security of your information, including credit or debit card details, and result in you being unable to make payments through our online payment system.
The BPC may immediately suspend or terminate access to your BPC Portal account where, in our absolute discretion:
(a) you are in breach of any of these Terms;
(b) any of the circumstances in clause 10(b) arise;
(c) any of the information you have provided for the purposes of registering for an account to access or use the BPC Portal is found to be misleading or deceptive (or is likely to mislead or deceive); or
(d) you or any of your employees, agents, suppliers, invitees, contractors, licensees or any other person claiming through or under you, engage in fraud, dishonesty, misleading or deceptive conduct (or conduct that is likely to mislead or deceive), any other serious misconduct or misuse of the Website or the BPC Portal.
(a) We have policies and procedures in place to protect information that we have under our control. However, you should be aware that there are inherent risks associated with transmitting information via the internet.
(b) The BPC will not be liable if the Website or the BPC Portal is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply, or otherwise.
(c) The BPC does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
(d) Whilst the BPC takes reasonable precautions to protect information transmitted via the Website or the BPC Portal, the BPC cannot and does not guarantee the security or confidentiality of these communications or the security of the Website or the BPC Portal.
(e) The BPC does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website or the BPC Portal and the BPC accepts no responsibility or liability for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
(a) Any personal information submitted by you or on your behalf (including via third party intermediaries, applications or platforms), whether personal information of you or another individual for which you have the necessary consents to provide, may be collected, used and disclosed by the BPC for the purposes contemplated by these Terms and the BPC Privacy Policy. You acknowledge and agree that by accessing or using the Website or the BPC Portal or communicating with the BPC, you have read the BPC Privacy Policy, understood its contents and consent to its requirements.
(b) You must not upload or cause to have or allow to have uploaded on your behalf (including via third party intermediaries, applications or platforms) any personal information of another individual to the Website or the BPC Portal unless you first make them aware (or have them made aware) of the BPC Privacy Policy and have their consent to upload such personal information.
(c) You warrant and represent to the BPC that any personal information submitted by you or on your behalf (including via third party intermediaries, applications or platforms), whether personal information of you or another individual for which you have the necessary consents to provide, is personal information for which you have the necessary consents to access, hold, use and disclose.
(a) To the maximum extent permitted by law, no warranties, representations or undertakings, whether express or implied, are made or provided by the BPC, its officers, employees, contractors, agents and consultants in any way or in any respect whatsoever regarding the Website or the BPC Portal (including as to the adequacy, accuracy, reliability, suitability, completeness, reasonableness or authenticity of any information or material presented on the Website or the BPC Portal, whether the BPC Content, material provided by others to the BPC and presented on the Website or the BPC Portal, material provided by others and accessed from the Website or the BPC Portal using links or connections to their websites or distribution services, or any other third party information or materials).
(b) To the fullest extent permitted by law, the BPC gives no warranty that:
(c) You accept sole responsibility and all risk for accessing or using or reliance on material presented on or accessed from the Website or the BPC Portal. To the maximum extent permitted by law, the BPC, its officers, employees, contractors, agents and consultants exclude and do not accept any and all liability whatsoever for any direct, indirect, incidental, special or consequential loss or damage a person may suffer arising from or in connection with access to, use of, or reliance on, the Website or the BPC Portal or any material presented on or accessed from the Website or the BPC Portal (including the BPC Content and any third party materials), including any damage caused to your computer, hardware, software or data or for any hardware or software bugs, viruses, Trojan horses or any other form of harmful, destructive or malicious code, data or material resulting from use of, access to or reliance on the Website or the BPC Portal or any material presented on or accessed from the Website or the BPC Portal.
(d) Whilst we have made every attempt to ensure the BPC Content on the Website or the BPC Portal contains correct information as at the date of publication, to the maximum extent permitted by law no warranties, representations or undertakings, whether express or implied, are made or provided by the BPC, its officers, employees, contractors, agents and consultants that the BPC Content on the Website or the BPC Portal is error free. No liability whatsoever is accepted by the BPC as to the adequacy, accuracy, reliability, suitability, completeness, reasonableness or authenticity of the BPC Content on the Website or the BPC Portal.
(a) You indemnify the BPC and its officers, employees, contractors, agents and consultants (Indemnified Party) against any and all Losses any Indemnified Party suffers as a direct or indirect result of any of the following:
(b) Any indemnity payment payable by you to an Indemnified Party under clause 19(a) shall be payable immediately upon demand.
(c) In this clause 19, Losses mean any and all costs (including legal costs and expenses on a full indemnity basis), fees, expenses, losses, damages, taxes, outgoings, claims, liabilities, causes of action, demands, proceedings, awards and judgments howsoever arising.
These Terms do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and the BPC. You must not assign or in any way deal with your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent.
Except as expressly stated in these Terms, these Terms constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the subject matter of these Terms.
Any provision of these Terms which is invalid or unenforceable is to be read down, if possible, so as to be valid and enforceable, and, if that is not possible, the offending provision shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.
These Terms are governed by, and are to be construed in accordance with, the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
(a) We make no representation or warranty that any services, information or content accessible through the Website or the BPC Portal is appropriate or available for use in locations outside Australia. If you choose to access or use the Website or the BPC Portal from other locations, you do so at your own sole risk and are responsible for compliance with all applicable laws. You are not authorised to access or use the Website or the BPC Portal from any location where doing so would be illegal.
(b) You acknowledge and agree that some countries have import restrictions on certain goods or materials. If you are outside Australia, you are responsible for checking whether such restrictions apply before uploading User Content. If you are outside Australia you will become the importer and will be liable to pay local taxes or duties, and you will assume all liability under any customs or import laws and regulations.
(a) If you have any general questions about the Website or these Terms, please contact us on 1300 067 088 or submit an online query using our online form.
(b) If you have any query about the BPC's Privacy Policy, the contact details for our Privacy Officer are set out in the BPC Privacy Policy.
(c) If you have any questions about building permits, please contact us by email or the BPN Industry Support Team on 1300 241 104.
(d) If you have any questions about the registration application and renewal process, please contact us on 1300 067 088.