SunWater Website Terms and Conditions

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

1. OWNERSHIP

Copyright Notice

© SunWater. 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 site is:

1. duplicated by you whether by printing or electronic copy, it may only be used by you:

(a) solely for your own information, research or study;
(b) when copyright has been acknowledged on the duplicate copy (by using the statement "© SunWater"); and
(c) without modification, unless consent has been obtained from SunWater and any SunWater conditions of consent have been complied with.

2. 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.

Trademark Notice

SunWater is the owner of a registered Trademark for the SunWater Logo and has another pending Trademark application and is otherwise protected by law. The SunWater Logo may be duplicated only as provided for in the Copyright Notice, under an agreement or with the consent of SunWater, or where it is a fair reference to SunWater, with proper recognition of the Trademark's status. Use of these Trademarks infringes SunWater's intellectual property rights.

Save for the above, 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.

2. TECHNICAL INFORMATION

You acknowledge and accept that some of the material reproduced on this site is supported by detailed technical information and may be dependent on particular geomorphological conditions. Should you wish to implement projects described in this material, you should contact SunWater. SunWater accepts no responsibility or liability for relying on this material, unless SunWater has given express prior written consent and any SunWater conditions of consent have been complied with.

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 us 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 site is designed to provide a general overview of SunWater's services and is for your general information and interest only. Specifically, the achievements in and capacity to provide the services referred to in this site should be used as a guide to SunWater's capacity to deliver on a project. Specific requirements of identified projects would form the terms of any relationship between you and SunWater and be the subject of express agreement.

SunWater makes no warranty of any kind regarding this site and/or any content, data, materials, information, products or services provided on this site, all of which are provided on an "as is" basis. SunWater expressly disclaims any representation or warranty that this site 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 site. 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 site or your downloading of any content, information, materials, data, text, images, video or audio from this site or (b) any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), 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 site 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 site). This disclaimer 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 unauthorized 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 warranties or conditions which SunWater cannot, by law, exclude. These Terms and Conditions do not exclude any 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 s68A of the Trade Practices Act 1974.

5. INDEMNIFICATION

You will defend and indemnify SunWater and each of its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, 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 site.

6. ACCESS TO AND USE OF THIS SITE

This website and the materials displayed on it may not be accessible from time to time due to act of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

SunWater will use its reasonable commercial efforts to keep this site available on a 24-hour/7-day-a-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. Your access to this site may not be uninterrupted or available at all times. SunWater cannot promise that this site will be error-free, that defects or errors will be corrected or that this site or the servers that make it available are free from viruses or other harmful components.

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 site or take any action that imposes an unreasonable load on SunWater's computer equipment.

You may not use this site 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.

7. LINKING TO THIS SITE

This site contains links to other sites that we do not operate or control. SunWater is not responsible for these other sites. SunWater provides these links for your reference and convenience. SunWater does not endorse the contents of these other sites. These links are not an indication of our association with the owners or operators of any of these other sites. You are free to access these other sites, but you do so at your own risk. You agree not to create a link from any Web site, including any site controlled by you, to our site 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:

(i) the URL of the website that you seek to establish a link from;
(ii) a brief description of your website; and
(iii) the reason that you wish to establish a link. 

If SunWater agrees to your proposed link, you must comply with any terms and conditions imposed by SunWater as a condition of such agreement.  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.

8. 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.

9. GENERAL

The headings in these Terms and Conditions are for your convenience and reference. These headings do not limit or affect these Terms and Conditions. Your acceptance of these Terms and Conditions and use of our site do not create a joint venture, partnership, employment or agency relationship with SunWater. 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 conspicuous notice on our site at least thirty (30) days before any modification becomes effective. Your continued use of this site, following the posting of 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 site, 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. These Terms and Conditions, together with those items made a part of these Terms and Conditions by reference, make up the entire agreement between SunWater and you relating to your use of this site, and replace any prior understandings or agreements (whether oral or written) regarding your use of this site. 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.

Back to top