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SunWater Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH SUNWATER’S WEBSITE AND APPLICATION.

SunWater Limited ACN 131 034 985 (SunWater) offers access to and use of its website and application 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 SunWater’s website or application, you agree to observe these Terms and Conditions. If you do not accept all of these Terms and Conditions, then please leave SunWater’s website and application now.

1. SunWater Notification Service

These Terms and Conditions govern the use of SunWater’s Notification Service which is made available through the SunWater applications (Notification Service).

You acknowledge that the Notification Service is voluntarily provided by SunWater free of charges as a community service. SunWater's willingness to voluntarily provide such assistance is based on performing that service not involving additional risk or liability. Accordingly, you acknowledge and agree that:

a) SunWater may agree to provide the Notification Service from time to time and SunWater may also not provide the Notification Service, to you or others, in its absolute discretion, without notice;

b) SunWater accepts no responsibility for not making the Notification Service available, any failure to send a notification to you before a dam outflow event, any failure in delivery of a notification to you, or for any action (or inaction) you take based upon the Notification Service; and

c) while the Notification Service is intended to provide an additional source of information to those which may be provided by Queensland Government emergency management authorities, and local government through Local Disaster Management Groups, it should not be relied upon as your only source of information and is not intended to replace the warnings and advice of any official Queensland Government or local government authority with responsibility for the provision of such information, or any other Queensland emergency service.

2. Ownership

All copyright and other intellectual property rights subsisting in the SunWater website and application (including the content of the website and application, 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 and use the SunWater website and application 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 incorporated into SunWater’s website, application or in the user interface of the website or application.

Copyright Notice

All of the materials contained on the SunWater website and application, 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 the SunWater website and application.

Where material on the SunWater website or application 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 and application 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.

3. Technical Information

You acknowledge and accept that some of the material reproduced on SunWater’s website and application 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 the SunWater website and application (the website and application information) may include technical inaccuracies. You acknowledge and accept that the website and application 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.

4. Warranty Disclaimer

You acknowledge and accept that the information presented on the SunWater website and application is designed to provide a general overview of SunWater's services and is for your general information and interest only.

SunWater makes no representation or warranty of any kind regarding the content, accuracy or reliability of the SunWater website and application and/or any content, data, materials, information, products or services provided on the SunWater website and application. SunWater expressly disclaims any representation or warranty that the SunWater website and application will be error-free, secure or uninterrupted. SunWater further disclaims any warranty as to the accuracy, reliability, completeness, currency and timeliness of any content or information found on the SunWater website and application. 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.

5. 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 the SunWater website or application or your downloading of any content, information, materials, data, text, images, video or audio from the SunWater website or application; 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 the SunWater website or application 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 the SunWater website or application).
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.

6. 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 the SunWater website or application.

7. Use of this website and application

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

You may not use the SunWater website or application 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 SunWater website or application 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.

8. Third party links

The SunWater website and application 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.

9. Linking to the SunWater website or application

You agree not to create a link from any website, including any website controlled by you, to the SunWater website or application without agreeing to the requirements of this clause.
If you wish to establish a link to the SunWater website or application 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.

10. Spam

SunWater may publish electronic addresses on the SunWater website or application 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.

11. General

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

a) you are responsible for registering correct and complete contact details with SunWater, and for updating your details should they change; and

b) delivery of the information over email, mobile or landline telephone systems is not instantaneous, and may be affected by outages or interruptions unknown to and beyond the control of SunWater.

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

Your continued use of the SunWater website or application, 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 the SunWater website or application, 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.