1. Agreement between user and aqwest
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’).
The Website may be accessed or used by a user who accepts these Terms of Use as updated from time to time (Terms of Use) either personally or on behalf of an association or other legal entity (‘you’ and ‘your’).
These Terms of Use set out the terms and conditions which govern your use of the Website and its content. By accessing or using the Website you agree to by bound by these Terms of Use and, to the extent applicable, our Privacy Policy.
The Website uses cookies. By using the Website, you consent to Aqwest’s use of cookies in accordance with these Terms of Use and the Privacy Policy.
2. Modification of these terms of use
These are the current Terms of Use. They replace any other terms of use previously published on the Website. We may at any time vary the Terms of Use by publishing the varied Terms of Use on the website. The new Terms of Use will apply to your use of the website after the date that we post the change on the website.
3. Links to third party sites
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.
4. No unlawful or prohibited use
As a condition of your use of the Website, you warrant to us that you will not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
We may disclose any information we may have about you in relation to an investigation or allegation that your use of the Website is in breach of these Terms of Use, or is in breach of any law or regulation. We reserves the right to identify or bring legal action against any person who is breaching these Terms of Use, including obtaining injunctive relief.
You acknowledge that Aqwest has no obligation to monitor your access to or use of the Website, but has the right to do so for the purpose of operating the Website, or to ensure compliance with these Terms of Use, or to comply with any law or order of a court.
5. Use of communication services
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.
6. Registered supplier
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.
7. Materials provided to aqwest or posted on the website
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.
8. Liability and Indemnity
We acknowledge that, in some circumstances, you may have rights under the Australian Consumer Law or other laws which cannot be excluded, modified or restricted. Nothing in these Terms of Use (including this clause 8) excludes, modifies or restricts these rights (Statutory Rights).
Subject to your Statutory Rights, except as expressly set out in these Terms of Use, and to the fullest extent permitted at law:
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.
Subject to your Statutory Rights, you indemnify us in respect of any liability, loss, damage, cost or expense suffered or incurred arising from or in connection with your breach of these Terms of Use or your use of the Website
9. Disclaimer
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.
10. Intellectual property
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.
Except where necessary for viewing the Materials through the Website, using the Website or as permitted under the provisions of the Copyright Act 1968, or other applicable copyright laws or these Terms of Use, no part may be reproduced, re-used, modified, translated, published or uploaded to a third party link for any commercial purposes whatsoever without the prior written permission of Aqwest.
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.
11. General
11.1 Enquiries
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.
11.3 Jurisdiction
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.
11.4 Enforceability
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.
