The Aqwest Website at https://aqwest.com.au/ (the Website) is comprised of various webpages owned and operated by Bunbury Water Corporation ABN 18 568 918 143 trading as Aqwest (‘Aqwest’, ‘we’, ‘us’ and ‘our’).
3. LINKS TO THIRD PARTY SITES
4. NO UNLAWFUL OR PROHIBITED USE
The Website may contain links to other websites (Linked Sites). The Linked Sites are not under the control of Aqwest and Aqwest is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Aqwest is not responsible for webcasting or any other form of transmission received from any Linked Site. Aqwest is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Aqwest of the site or any association with its operators.
5. USE OF COMMUNICATION SERVICES
6. REGISTERED SUPPLIER
The Website may contain or link to bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, Communication Services). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and without limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Aqwest has no obligation to monitor the Communication Services. However, Aqwest reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Aqwest reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Aqwest reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Aqwest's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Aqwest does not control or endorse the content, messages or information found in any Communication Service and, therefore, Aqwest specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised Aqwest spokespersons, and their views do not necessarily reflect those of Aqwest.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
7. MATERIALS PROVIDED TO AQWEST OR POSTED ON THE WEBSITE
We may require you to become a registered supplier before you can access certain areas of the Website. You may request to become a registered supplier by filling in and submitting the required details through the Website. We may reject any registration application at any time.
If you become a registered supplier:
(a)an account will be created in our systems that will store certain information about you, including your email address and phone number;
(b)a username and password will be generated for you and you must keep your username and password confidential;
(c)you must contact us immediately if you become aware of any unauthorised use of your username and password; and
(d)we reserve the right to cancel your account without notice or liability for any reason.
8. LIABILITY AND INDEMNITY
Aqwest does not claim ownership of the materials you provide to Aqwest (including feedback and suggestions) or post, upload, input or submit to the Website or its associated services (collectively Submissions). However, by posting, uploading, inputting, providing or submitting any Submission you are granting Aqwest, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to:
(a)copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and
(b)publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Aqwest is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Aqwest's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Aqwest disclaims all express, implied and statutory warranties in relation to the Website, including, but not limited to, any implied warranties of quality, merchantability and fitness for a particular purpose;
Aqwest and its directors, employees, agents and contractors are not liable to you for any losses, damages, liabilities, claims or expenses (including, but not limited to, legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or in relation to the Website, any material on Linked Sites or to your access or use of the Website, however caused, whether under statute, in contract or in tort, including for negligence, or otherwise; and
Aqwest’s liability to you in respect of your Statutory Rights is limited to resupplying the services in connection with which such liability arises.
10. INTELLECTUAL PROPERTY
You accept that any information provided by us is general information and should not be relied upon for any personal, medical, legal or financial advice or decisions. If required, you should consult an appropriate professional for specific advice tailored to your situation.
While we have no reason to believe that any particular information contained on this Website is inaccurate, to the extent permissible at law (including your Statutory Rights) we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Website updated. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
Your use of the Website does not alter the ownership of any intellectual property in the material.
The intellectual property, including any copyright or trade marks, in all materials contained on the website, including website pages, documents, images, audio and video (the Materials) is, unless otherwise stated, owned by and resides with Aqwest.
You may copy, distribute, display, download or print the Materials for your own personal use, for non-commercial educational purposes or for non-commercial use within your organisation, provided that you attribute Aqwest as the owner of the Material.
Where the work is not owned by Aqwest, please contact the original copyright holder.
“Aqwest” and all associated trade marks, are trade marks of Aqwest. You must not remove, obscure, or alter any proprietary rights notices which may be affixed to or contained within the Website.
Enquiries about the Website may be directed to [email protected]
11.2 Termination and access restriction
Aqwest reserves the right, in its sole discretion, to terminate or suspend your access to the Website or any portion thereof at any time, without notice.
The law applicable to the Website and to disputes arising from or in connection with the Website is the law of the State of Western Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Western Australia in respect of any such dispute.
Where a clause in this agreement is void, illegal or unenforceable, it may be:
(a) severed without affecting the enforceability of the other provisions in this agreement; or
(b) superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
11.5 Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Aqwest with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Aqwest with respect to the Website.