SunWater Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS WEBSITE. SunWater Limited ACN 131 034 985 (SunWater) offers access to and use of this website to you subject to your acceptance of these Terms of Use and SunWater’s Privacy Statement (Terms and Conditions). By accessing, using or obtaining any content, data, materials, information, products or services through this website, you agree to observe these Terms and Conditions. If you do not accept all of these Terms and Conditions, then please leave this website now.

1. Ownership

All copyright and other intellectual property rights subsisting in the SunWater website (including the content of the website, software, design, text and graphics) are owned or licensed by SunWater, and protected by the laws of Australia and through international treaties in other countries.

You are authorised to view the SunWater website using your web browser. SunWater does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into this website or in the user interface of this website.

Copyright Notice

All of the materials contained on this website, including without limitation all editorial material, information, photographs, illustrations, artwork and other graphic materials, are protected by copyright laws in Australia and through international treaties in other countries. Unless otherwise stated, SunWater owns the copyright in the content of this website.

Where material on this website is:

(a) duplicated by you whether by printing or electronic copy, it may only be used by you:

(i) solely for your own information, research or study;

(ii) when copyright has been acknowledged on the duplicate copy (by using the statement "© SunWater"); and

(iii) without modification, unless consent has been obtained from SunWater and any SunWater conditions of consent have been complied with.

(b) republished (whether by framing, reproduction, broadcasting or otherwise) or referenced (linked or otherwise), it may only be done by agreement with or the consent of SunWater.

All other use is prohibited.

Trade Mark Notice

SunWater’s website includes its registered Trade Mark and Trade Marks which are subject to pending applications or which are otherwise protected by law, including the SunWater logo. Unless otherwise agreed or consented to by SunWater, SunWater’s Trade Marks may be duplicated only as provided for in the Copyright Notice (see above) and on the condition that the SunWater logo is referenced legally and fairly, with proper recognition of the Trade Mark's status.

2. Technical Information

You acknowledge and accept that some of the material reproduced on this website is supported by detailed technical information and may be dependent on particular geomorphological conditions. Unless otherwise agreed, SunWater accepts no responsibility or liability for relying on this material.

You acknowledge and accept that the information contained on this website (the website information) may include technical inaccuracies. You acknowledge and accept that the website information is subject to change at any time and may not necessarily be up to date or accurate at the time you view it. You should enquire with SunWater directly to ensure the accuracy and currency of any particular material you seek to rely upon.

3. Warranty Disclaimer

You acknowledge and accept that the information presented on this website is designed to provide a general overview of SunWater's services and is for your general information and interest only. As an example, the achievements in and capacity to provide the services referred to in this website should not be used as a guide to SunWater's capacity to deliver on a project.

SunWater makes no representation or warranty of any kind regarding the content or accuracy of this website and/or any content, data, materials, information, products or services provided on this website.  SunWater expressly disclaims any representation or warranty that this website will be error-free, secure or uninterrupted. SunWater further disclaims any warranty as to the accuracy, completeness and timeliness of any content or information found on this website. SunWater expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and where permissible those arising by statute or otherwise in law or from a course of dealing or usage of trade.

4. Limitation of Liability

SunWater will not be responsible or liable for:

(a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to, use of or browsing in this website or your downloading of any content, information, materials, data, text, images, video or audio from this website; or

(b) any injury, loss, claim, damage, liability (including third parties directly or by third parties claiming through you) or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings and related costs and expenses and legal and accounting fees), whether based in contract, tort, strict liability or otherwise, that arises out of or is in any way connected with:

(i) any use of this website or content, data, materials or information found therein; or

(ii) any failure or delay (including without limitation the use of or inability to use any component of this website).

This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, tortious behaviour, negligence, or under any other cause of action.

These Terms and Conditions do not exclude:

(a) warranties or conditions which SunWater cannot, by law, exclude; or

(b) liability which any law requires SunWater to accept.

If SunWater becomes liable for any breach of any such condition or warranty, any liability incurred by SunWater is limited in accordance with s64A of Schedule 2 of the Competition and Consumer Act 2010 (Cth).

5. Indemnification

You will defend and indemnify SunWater and each of its officers, directors, employees and agents from and against any injury, loss, claim, damage, liability or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings and related costs and expenses and legal and accounting fees), whether based in contract, tort, strict liability or otherwise, brought by you or on your behalf or by third parties as a result of your breach of these Terms and Conditions or the documents made part of these Terms and Conditions by reference, your violation of any law or the rights of a third party or your use of this website.

6. Use of this Website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere or attempt to interfere with this website or any material or content displayed on this website or with the normal operation of this website or take any action that imposes an unreasonable load on SunWater's computer equipment.

You may not use this website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand to post or transmit any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by these Terms and Conditions. You must not use the website for any activities which breach any laws or regulations, infringe a third party’s privacy or rights, or contrary to any relevant standards or codes.

7. Third Party Links

This website contains links to other websites that SunWater does not operate or control. SunWater is not responsible for these other websites. We provide these links for your reference and convenience only. SunWater does not endorse the contents of these other websites. These links are not an indication of our association with the owners or operators of any of these other websites. You are free to access these other websites, but you do so at your own risk.

8. Linking to this Website

You agree not to create a link from any website, including any website controlled by you, to our website without agreeing to the requirements of this clause.

If you wish to establish a link to this website you must, in the first instance, use the Contact Us Link at the top of the page and provide the following information:

(a) the URL of the website that you seek to establish a link from;

(b) a brief description of your website; and

(c) the reason that you wish to establish a link.

If SunWater agrees to your proposed link, you must comply with the Linking to SunWater Site Terms & Conditions and any other conditions imposed by SunWater. If the nature and/or content of your website changes in any significant way, you must contact SunWater and provide a new description of your website.

9. Spam

SunWater may publish electronic addresses on this website for the purpose of promoting its business activities. This publication does not infer that SunWater has consented to any addressees receiving unsolicited commercial electronic messages or SPAM.

10. General

You may not assign, delegate or transfer your rights or obligations under these Terms and Conditions.

SunWater may modify these Terms and Conditions, at any time, by posting a conspicuous notice on our website at least thirty (30) days before any modification becomes effective.

Your continued use of this website, following the posting of a conspicuous notice of any modification, will be subject to the Terms and Conditions in effect at the time of your use. You will review these Terms and Conditions periodically. Your continued use of this website, following the posting of conspicuous notice of any modification, will be your acceptance of the modified Terms and Conditions.

If SunWater fails to act with respect to your breach or anyone else's breach on any occasion, SunWater is not waiving its right to act with respect to future or similar breaches.

If a court finds any of these Terms and Conditions to be unenforceable or invalid, that Term or Condition will be enforced to the fullest extent permitted by applicable law and the other Terms and Conditions will remain valid and enforceable.

The laws of the State of Queensland, Australia, will govern these Terms and Conditions, as well as SunWater's and your observance of them. In the event that a dispute arises from these Terms and Conditions, you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.