1. Sunwater’s Notification Service
These Terms and Conditions also govern the use of Sunwater’s Notification Service which is made available through Sunwater’s 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 of Sunwater Websites and Applications
All copyright and other intellectual property rights subsisting in a Sunwater website or application (including the content of a website or 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 Sunwater websites and applications 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 websites, applications or in the user interface of the relevant website or application.
All of the materials contained on a Sunwater website or 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 all Sunwater websites and applications.
Where material on a 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 prior written 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 with the prior written consent of Sunwater.
All other use is prohibited.
Trade Mark Notice
Sunwater websites and applications include its registered Trade Mark and Trade Marks which are subject to pending applications or which are otherwise protected by law, including (without limitation) 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 relevant logo is referenced legally and fairly, with proper recognition of the Trade Mark’s status.
3. Technical Information
You acknowledge and agree that some of the material reproduced on Sunwater’s websites and applications or made available via its social media channels is supported by detailed technical information and may be dependent on particular geomorphological conditions. Unless otherwise agreed in writing by Sunwater, Sunwater accepts no responsibility or liability for you relying on such material.
You acknowledge and agree that the information contained on Sunwater websites, applications and social medial channels may include technical inaccuracies. You also acknowledge and agree that such 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 information or material you seek to rely upon.
4. Warranty Disclaimer
You acknowledge and agree that the information presented on Sunwater websites, applications and social media channels is designed to provide a general overview of Sunwater’s services and activities or matters of interest 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 Sunwater websites, applications or social medial channels and/or any content, data, materials, information, products or services provided on a Sunwater website, application or social media channel. Sunwater expressly disclaims any representation or warranty that Sunwater websites, applications or social media channels will be error-free, secure or uninterrupted. Sunwater further disclaims any warranty as to the accuracy, reliability, completeness, usefulness, currency and timeliness of any content or information found on a Sunwater website, application or social media channel. Sunwater expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular purpose, title, noninfringement, 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 a Sunwater website, application or social media channel or your downloading of any content, information, materials, data, text, images, video or audio from a Sunwater website, application or social media channel; 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 a Sunwater website, application or social media channel 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 a 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.
To avoid doubt, 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.
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 (if any), your violation of any law or the rights of a third-party or your use of a Sunwater website, application or social media channel.
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 a Sunwater website, application or social media channel or any material or content displayed therein or with the normal operation of a Sunwater website, application or social media channel or take any action that imposes an unreasonable load on Sunwater’s computer equipment.
You may not use a Sunwater website, application or social medial channel 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 a Sunwater website, application or social media channel 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
Sunwater websites, applications and social media channels may contain links to other websites that Sunwater does not operate or control (third-party websites). Sunwater is not responsible for third-party websites. We provide these links for your reference and convenience only. Sunwater does not endorse the contents of third-party websites and such links are not an indication of our association with the owners or operators of any of these websites. You are free to access third-party websites, but you do so at your own risk.
9. Linking to the Sunwater website or application
You must not create a link from any website, including any website controlled by you, to a Sunwater website, application or social medial channel without Sunwater’s prior written consent.
If you wish to establish such a link you must, in the first instance, use the Contact Us Link on your sidebar and provide the following information:
- the URL of the website that you seek to establish a link from;
- a brief description of your website; and
- the reason that you wish to establish a link.
If Sunwater agrees to your proposed link:
a) you must:
i. regularly check the currency of any data that is downloaded from a Sunwater website, application or social media channel and displayed or otherwise utilised and, where necessary, update that data to reflect the then-current data on the relevant website, application or social medial channel; and
ii. ensure that any data that has been downloaded from a Sunwater website, application or social media channel and displayed or otherwise utilised, clearly indicates the date it was downloaded and carries a disclaimer to the effect that Sunwater is not liable in any way for incorrect or out of date versions of Sunwater data that are held/published on any third-party site;
iii. 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.
b) you acknowledge and agree that the operation of the relevant Sunwater website, application or social media channel will not be uninterrupted or error-free and may be subject to temporary shutdowns due to causes beyond the reasonable control of the operating party and that Sunwater may terminate your link, without notice, for any reason whatsoever; and
c) you must not:
i. establish the link in a way that makes the information or services contained on a Sunwater website, application or social media channel appear to be part of your website, or attempt to portray any of Sunwater’s website content as your own;
ii. establish the link in a way that alters, blocks or otherwise prevents the display of any content of a Sunwater website, application or social media channel to which you have linked;
iii. reproduce, reuse or redistribute any part of the content of a Sunwater website, application or social media channel for any commercial purpose whatsoever, or distribute to a third party for such purposes, without written permission;
iv. display or use a link in a manner that causes a Sunwater website, application or social media channel or any portion of its content to display within a frame, be associated with any advertising or sponsorship not part of the relevant website, application or social media channel or otherwise incorporate the relevant website, application or social media content into a third-party website;
v. represent or imply falsely, misleadingly or deceptively that Sunwater approves, endorses, recommends or is in any way connected with you (or any of your related bodies corporate or personnel), your website or any of your goods or services;
vi. make fun of, satirise, disparage or defame Sunwater, its name or logo or any of Sunwater’s goods or services;
vii. use the name ‘Sunwater’ or any logo, trade mark or product or business name of Sunwater unless in the manner specified;
viii. have contained in your website any material that is defamatory, pornographic, obscene, discriminatory, harassing, grossly offensive, malicious, unlawful or otherwise contrary to accepted standards of public decency and good taste as determined by Sunwater in its absolute discretion.
Sunwater may also require you to comply with additional conditions in providing its consent.
Sunwater may publish electronic addresses on a Sunwater website, application or social media channel 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. Sunwater Social Media Disclaimer and Guidelines
Your participation on Sunwater’s social media channels (including, without limitation, Facebook, Twitter, LinkedIn and YouTube) is subject to these Terms and Conditions.
Sunwater encourages feedback and ideas from our online followers, and attempts to join the conversation where possible. Unfortunately, we are not able to reply individually to all the messages we receive via our social media channels, however, we endeavour to read all comments and messages.
Responses to social media queries or comments are made during standard business hours only. Messages on our social media channels are not considered official correspondence and by using these channels, you agree that you will not rely upon anything, whether posted by Sunwater or a third-party. If you need to rely upon any information, please contact Sunwater.
For any formal information requests, comments or general enquiries please contact Sunwater reception by phone on 13 15 89.
Disclaimer and Guidelines
While engaging via Sunwater’s social media channels, it is expected that participants will treat each other, as well as Sunwater and our employees, with courtesy and respect.Social media is a public space on the internet and comments you post will be viewable and searchable by the public.
Sunwater reserves the right to terminate your access to our social media channels and to delete or edit any comment posted by you. We exclude and do not accept any liability for any loss arising out of or in connection with such termination, deletion or editing.
Sunwater may remove comments on Sunwater’s Facebook and YouTube pages or replies to tweets on Sunwater’s Twitter page, or any other information from a Sunwater social media channel which we consider to be inappropriate, offensive, abusive, defamatory, spam, or irrelevant or off topic.
We may report all users posting inappropriate or offensive material to Facebook, Twitter or YouTube and shall not be obliged to reinstate any individual it has blocked.
Any third-party content, views, opinions, responses and any other information that appears on our social media channels belongs to, and is the sole responsibility of those third parties. We are not responsible for and provide no warranty of any kind in relation to this third-party information. We do not accept any liability for damage caused because someone relies on any third-party information.
By commenting on Sunwater’s social media channels, you grant us an irrevocable, non-exclusive, royalty-free, perpetual and worldwide license to use your information. This includes rights to copy, distribute, transmit, display, reproduce, edit, translate and reformat.
To avoid doubt, Sunwater employees are ineligible to enter any competitions posted on our social media channels.
You may not assign, delegate or transfer your rights or obligations under these Terms and Conditions.You acknowledge and agree 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 (www.sunwater.com.au) at least thirty (30) days before any modification becomes effective.
Your continued use of a Sunwater website, application or social media channel, 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 a Sunwater website, application or social media channel, following the posting of a 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.
Sunwater collects and uses your personal information to provide services and information to its customers, for its business operations and to comply with the law.
If you would like further information about our privacy policies or practices, please contact our Privacy Contact Officer using the contact details below.
Green Square North
Level 9, 515 St Pauls Terrace
Fortitude Valley, Queensland 4006
PO Box 15536 City East Queensland 4002
Phone: +61 7 3120 0000
Fax: +61 7 3120 0260
Please note, Sunwater does not control the information that Facebook, Twitter or YouTube collects. Please refer to: