Website terms of use

a) We reserve the right to vary these terms and conditions at any time. The latest terms and conditions will be posted on the Website.

b) Each time you access our Website you should review the terms and conditions. You will be bound by the terms and conditions posted on our Website each time you access.

c) The fact that we fail to do, or delay in doing, something we are entitled to do under these terms and conditions, does not amount to a waiver of any obligation of, or breach of obligation by you. A waiver by us is only effective if it is expressly given in writing. A waiver of any provision of these terms and conditions will not operate as a waiver of any other provision, or a continuing waiver of the same provision or a similar provision in the future.

d) A provision of these terms and conditions must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of or the inclusion of any provision in these terms and conditions.

e) If a paragraph or part of a paragraph in these terms and conditions can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of these terms and conditions are not affected.

f) If any court of competent jurisdiction finds any provision of these terms and conditions to be void or unenforceable for any reason, that provision will be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions.

g) These terms and conditions represent the entire understanding and agreement between the parties relating to the subject matter included here and supersedes any and all prior statements, understandings or agreements whether oral or written.

h) You may not transfer or assign these terms and conditions or any rights or licences granted under these terms and conditions. We may transfer or assign these terms and conditions without restriction or notification.

i) These terms and conditions are governed by the laws of the State of Queensland and you agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and any other courts which may hear appeals from those courts in respect of any proceedings in connection with these terms and conditions or the Website.

j) Section 1 (General), 7 (Trade marks), 9 (Disclaimer), 10 (Limitation of Liability) and 11 (Indemnity) (inclusive) survive termination or expiration of these terms and conditions and cessation of your use of our Website for any reason.

a) These terms and conditions incorporate our Information Privacy Policy which can be found here and are designed to protect your rights and govern the use of information on the Urban Utilities Website and other online services provided by Urban Utilities.

b) Collecting personal information

By providing Urban Utilities with any Personal Information through our Website, you consent to our collection of your Personal Information to enable us to provide the information or services you have requested and for the other purposes set out in our Information Privacy Policy. When you provide Urban Utilities with your Personal Information, we will:

i) use the information to help you use our services;

ii) gather the data for analysis;

iii) remove personally identifiable characteristics, unless you have given us specific consent to recognise your usage on an individual basis.

c) We will not disclose your Personal Information to any other person or organisation unless one of the following reasons applies:

i) you have given us your consent to do so;

ii) we are required by law or authorised to do so under a law;

iii) there are grounds to believe disclosure will prevent a threat to life or health;

iv) that person or organisation is providing a service to Urban Utilities and is required to maintain the same or similar privacy legislation principles;

v) we are of the opinion that Urban Utilities is unable to assist with your request and that another government agency or authority is more capable of assisting, or has the appropriate jurisdiction to assist with your request.

a) tamper with or do anything which alters the Website, or interferes with or affects its working, including removing anything from it;

b) add anything to our Website or otherwise alter or modify any part of our Website;

c) collect or solicit material about any other person, including email, contact details or login information (including passwords) from our Website;

d) attempt to gain unauthorised access to any part of our Website using another person's name, details or password;

e) use the Website to include, list, upload, post or transmit any information or material that contains Prohibited Content or which is otherwise prohibited by law or these terms and conditions in any manner or for any purpose;

f) use our Website or any service provided through our Website to conduct surveys, contests, pyramid schemes, send spam, junk email or other unsolicited messages; or

g) use or launch any automated system including (without limitation) any offline readers, spiders or robots onto or through our Website in a way that:

i) sends a larger number of request messages to our servers or to other users of our Website than can reasonably be produced by a human in the same period using a conventional on-line web browser;

ii) sends spam;

iii) annoys or harasses any person;

iv) collects or harvests any personally identifiable information;

v) stores, permanently downloads or redistributes content from our Website other than as intended or as specifically agreed by us in writing;

vi) circumvents, disables or otherwise interferes with any security-related features of our Website or contains features that prevent, limit or restrict use or copying of any content from our Website; or

vii) transfers material to another person or 'mirrors' materials on any other server.

a) You must not create a link to or from our Website or any part of our Website:

i) for Commercial Use or any other purpose, without our prior written consent;

ii) to or from a website which contains Prohibited Content; or

iii) so that our rights or the rights of a third party, including without limitation, Intellectual Property Rights are infringed.

b) If you do create a link to or from our Website (whether with or without our consent), you do so at your own risk. The exclusions, disclaimers and limitations set out in these terms and conditions will apply to your linking to or from our Website and the consequences and actions resulting from the linking.

c) Third party websites

i) This Website may contain links to other websites and resources operated by organisations other than Urban Utilities. These other websites are outside of Urban Utilities’ control and links are provided for your convenience only.

ii) When accessing third party websites you should read the terms and conditions of use of those websites.

iii) Without limiting these terms and conditions, by using our Website to access third party websites you expressly release and indemnify each of us and our Authorised Persons from any and all liability arising from your access or use of any third party website.

iv) Urban Utilities disclaims all responsibility and all liability (including through negligence) for all expenses, losses, damages and costs you might incur as a result of the information on this Website or any linked website being inaccurate or incomplete.

a) You must not create a link to or from our Website or any part of our Website:

i) for Commercial Use or any other purpose, without our prior written consent;

ii) to or from a website which contains Prohibited Content; or

iii) so that our rights or the rights of a third party, including without limitation, Intellectual Property Rights are infringed.

b) If you do create a link to or from our Website (whether with or without our consent), you do so at your own risk. The exclusions, disclaimers and limitations set out in these terms and conditions will apply to your linking to or from our Website and the consequences and actions resulting from the linking.

c) Third party websites

i) This Website may contain links to other websites and resources operated by organisations other than Urban Utilities. These other websites are outside of Urban Utilities’ control and links are provided for your convenience only.

ii) When accessing third party websites you should read the terms and conditions of use of those websites.

iii) Without limiting these terms and conditions, by using our Website to access third party websites you expressly release and indemnify each of us and our Authorised Persons from any and all liability arising from your access or use of any third party website.

iv) Urban Utilities disclaims all responsibility and all liability (including through negligence) for all expenses, losses, damages and costs you might incur as a result of the information on this Website or any linked website being inaccurate or incomplete.

a) We own or have the right to use the Intellectual Property Rights in the Website and all of its content. We reserve our rights in it and assert our right to be recognised as the author of original material on this Website.

b) While Urban Utilities supports the sharing of information and the use of our Website content for the purposes of private study, research or review:

i) except to the extent permitted by the Copyright Act 1968 (Cth), these terms and conditions or any license agreement specifically attached to a dataset, you must not use, copy, modify, transmit, store, publish or distribute the material on our Website for Commercial Use;

ii) you must not create any other material using material from our Website without obtaining the prior written consent of the author of the material; and

iii) you must not do anything that partially or entirely reproduces or exploits or otherwise breaches our or any other person's Intellectual Property Rights whether accessible through our Website or otherwise.

c) You agree that:

i) no title to any Intellectual Property Rights in this Website or its content transfers to you; and

ii) you do not obtain any rights, express or implied, other than those specifically granted by these terms and conditions.

a) Without limiting paragraph 6 above, you must not use, reproduce or publish any trade marks except by saving or printing out a copy of any pages from this Website as expressly permitted in these terms and conditions. Any use of any of the trade marks without the express written consent of us or the owner of the trade mark (as applicable) is prohibited.

b) Other registered trade marks may be featured on this Website from time to time and are proprietary to their respective owners and protected by international trade mark or copyright laws. The use of any such trade mark on this Website is not intended to indicate any association with or endorsement by the owner of that trade mark.

a) that you will have uninterrupted or error-free access to or use of our Website by any method;

b) that any loss or damage will not occur as a result of your access to and use of our Website or any information on our Website or accessed from our Website;

c) despite our best efforts, that our Website or any links will be error-free or free from viruses, faults or defects or that any bugs, viruses, trojan horses or other corrupting programs will not be transmitted to or through our Website by any third party;

d) that there will not be any unauthorised access to or use of our secure servers which may result in your personal or financial information being accessed;

e) that your internet or mobile service provider will allow you access to our Website. You are responsible for ensuring your service provider will allow you access to our Website and its content and for any costs and service fees associated with the access; or

f) that your computer, mobile or other hardware devices will allow you access to our Website. You are responsible for ensuring your devices will allow you access to our Website and its content and for any costs and service fees associated with the access.

a) The following sections of this paragraph 9 are not restricted or modified by any specific provisions, warnings or disclaimers contained in these terms and conditions or otherwise set out on the Urban Utilities Website.

b) The information on this Website (including the Developer Applications Portal) is distributed and provided as an information source and is for general reference purposes only.

c) While Urban Utilities does take steps to ensure that the information we provide is accurate and up to date, it is not comprehensive and is in summary form only. Information may also be provided by third parties. This means you should make your own enquiries and obtain advice specific to your particular circumstances before making any decisions based on information obtained from our Website.

d) Any views, opinions or findings, news or information items or other publications on or accessed from our Website are those of the respective authors and do not necessarily reflect the views, opinions or findings of Urban Utilities or its Authorised Persons.

e) The content of the Website is subject to change without notice.

f) To the maximum extent permitted by law, Urban Utilities and its Authorised Persons disclaim any and all responsibility and liability in respect of our Website and any loss or damage suffered or incurred by a person for any reason including (without limitation):

i) access to, inability to access or any interruptions to the Website;

ii) using or relying on any of the information provided in or obtained through our Website; or

iii) any of the matters referred to in these terms and conditions.

g) To the maximum extent permitted by law but without limiting your rights under Australian consumer law (including the Competition and Consumer Act):

i) this Website and its contents are provided without any representations or warranties of any kind, either express or implied including, without limitation, any warranties as to the completeness or accuracy of the information provided through our Website;

ii) we disclaim all warranties, express or implied, in connection with our Website and your access to and use of our Website;

iii) while we take reasonable commercial steps to ensure the completeness, accuracy and currency of information and the integrity of our Website, we do not represent or warrant that the information or facilities accessible via this Website are accurate, complete or current, or that this Website will be free of defects, including, but not limited to, viruses or other harmful elements; and

iv) we exclude every warranty or condition of any kind that might otherwise apply in relation to the Website, its content, its useability, inability to use the Website or any services offered through it.

a) Regardless of any other provision in these terms and conditions, if we are liable to you in any way, including:

i) as a result of your rights under the Competition and Consumer Act; or

ii) in the case of a warranty or liability that the law says we cannot exclude,

our liability is limited to:

iii) refunding you the cost you paid for the relevant service, product or products; or

iv) re-supplying or having resupplied the relevant service, product or products.

b) Urban Utilities is not liable, and each of our Authorised Persons are not liable, for any direct, indirect, incidental, special, punitive or consequential liability, loss (including but not limited to loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, death, personal injury or any loss, damage or expense) you incur or suffer that arises out of your access to, use of or reliance on our Website or our services or any of the content of the Website or your inability to use it. This applies even if we have been informed that the liability, loss, damage or expense will or may result.

c) Nothing in these terms and conditions or in our dealings with you affects your statutory rights including those under the Competition and Consumer Act. To the extent of any inconsistency between these terms and conditions and your statutory rights under the Competition and Consumer Act, your statutory rights under the Competition and Consumer Act will apply.

a) You indemnify us and our Authorised Persons against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) any of our Authorised Persons or us incurs or suffers, as a direct or indirect result of any of the following:

i) your use of and access to our Website or any services provided through our Website;

ii) a breach of these terms and conditions;

iii) a wilful, unlawful or negligent act or omission by you;

iv) your violation of any third party right or law, including (without limitation) any Intellectual Property Rights, defamation or criminal laws;

v) a claim that you caused damage to a third party; or

vi) your use of any information obtained from or through our Website.

b) You are solely responsible for all costs arising from your use of our Website.

a) sale of access to our Website or our services by way of another website;

b) using our Website or our services for the purposes of selling goods or services or for advertising goods or services other than as expressly permitted by our Website;

c) any use of our Website or our services for the purpose of competing with or displacing our Website or services; or

d) soliciting any users of our Website for any commercial purpose.

a) is abusive, threatening, obscene, vulgar, offensive, defamatory, hateful, discriminatory, unlawful, pornographic, racist, sexually-oriented or otherwise considered by us as inappropriate;

b) contravenes any applicable laws (including without limitation laws concerning Intellectual Property Rights); or

c) infringes the rights of a third party (including without limitation laws concerning Intellectual Property Rights, privacy or personal or proprietary rights).