In these Terms of Service:
AAO means an Assessor Accrediting Organisation accredited under the NatHERS Protocol for Assessor Accrediting Organisations, being an organisation which accredits Thermal Performance Assessors.
Certificate Credits means the credits provided to you upon payment of the Certificate Fee which permits you to generate Thermal Performance Certificates, as more fully described in clause (h).
Certificate Fee has the meaning given in clause (h)(a).
FirstRate5 Software means the software licensed by Sustainability Victoria to authorised persons on the terms and conditions of the Software Licence Agreement, used for the purposes of conducting thermal performance assessments of new and/or existing
residential dwellings in Australia.
Intellectual Property Rights means all intellectual property rights, including patents, copyright, rights in circuit layouts, registered and unregistered designs, moral rights, registered and unregistered trade marks, service marks, trade names
and any right to have confidential information kept confidential (together with any application or right to apply for registration of any of the rights referred to in this paragraph).
NatHERS means the Nationwide House Energy Rating Scheme.
Original Thermal Performance Certificate means the first Thermal Performance Certificate generated with respect to a dwelling for which Certificate Credits were deducted from the Registered User's account.
Project File means a data file in a format approved by Sustainability Victoria (as described on the Site) which a Registered User may upload to the Site in order to generate a Thermal Performance Certificate.
Registered User means a person who registers a User Account and includes any person who applies for registration of a User Account. In these Terms of Service:
- "you" is to be read "the Registered User"; and
- "your" is to be read as "the Registered User's".
Revised Project File means a Project File that is uploaded to replace an existing Project File.
Services means the services provided by Sustainability Victoria via the Site relating to the generation of Thermal Performance Certificates, as more fully described in clause 3.
Site means the FirstRate5 website located at <www.fr5.com.au>.
Software Licence Agreement means the licence agreement under which Sustainability Victoria grants certain limited rights to use the FirstRate5 Software.
Terms of Service means these End User Terms of Service entered into between you and Sustainability Victoria when you apply for or register a User Account.
Thermal Performance Assessor mean a person accredited by an AAO to assess the thermal performance of dwellings.
Thermal Performance Certificate means a certificate generated by the Site which sets out a dwelling's thermal performance as determined in accordance with the NatHERS.
User Account means an account registered by a Registered User on the Site under clause 2.