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Terms and Conditions of Use

Water Research Australia Limited ACN 127 974 261

Terms and Conditions of Use

1. Introduction

In these Terms and Conditions of Use (Terms of Use), ‘we’, ‘us’, ‘our’ and ‘WaterRA’ means Water Research Australia Limited ACN 127 974 261 of 250 Victoria Square, Adelaide, South Australia, Australia.

Please read and consider these terms carefully. You should read these Terms of Use in conjunction with the WaterRA Privacy Policy for an explanation of our practices and policies regarding how we collect, hold, use, and disclose personal information to carry out our functions and activities (Privacy Policy). The Privacy Policy is available on the WaterRA website (Website).

Your use of, and access to, the Website (including a Subscription (as defined below)) constitutes your acceptance of these Terms of Use and the Privacy Policy. Please read them carefully before using the Website.  If you do not agree to these Terms of Use, you are not permitted to continue to access or use the Website and you must stop.

 

2. Website users

2.1  Disclaimer

This Website is published by WaterRA and may include content supplied by our members or users. 

All information and content whatsoever provided on our Website (including in any text, data, images, audio, video, or other item, and including in any Subscription (as defined below) (referred to as Content) is provided for information purposes only and does not constitute professional advice.

Our Website may also contain links to third party websites, plug-ins, applications or resources provided by third parties which are not under the control of WaterRA. Such third party links are provided for your convenience, and we do not endorse or accept any responsibility for the third party’s websites, plug-ins, applications or resources or its content (including any third party publications).

We do not make any representation or warranty as to the accuracy, completeness, reliability, currency, or fitness-for-purpose of any Content provided on our Website or via any third party links.

All Content is provided on an "as is" and "as available" basis.  You are responsible for verifying the accuracy of any Content, and if you use, access, or rely on any Content on our Website for any purpose, you do so at your own risk.

2.2  Intellectual Property Rights

All intellectual property rights in any Content on our Website (and in any magazine or publication made available via a Subscription) including the trade marks, logos, sounds, images, text, software, data, software code, interfaces, Website structure, videos, photographs, and copyright works and materials displayed on it, its layout and design, or any Submissions (as defined below) (Intellectual Property Rights) is either owned by us, or licensed to us by a third party. Except as expressly set out below, no Intellectual Property Rights will be transferred or licensed to you when you use our Website.

Subject at all times to these Terms of Use, you are permitted to copy, download and print the Content on our Website for your own personal, non-commercial purposes, provided that you:

(a) do not alter, modify or adapt such Content; and

(b) do not reproduce, republish or otherwise distribute, use for creating derivative works, or use in any other way for commercial or public purposes, the Content, unless expressly approved by us.

Our status (and that of any identified contributors) as the authors of Content on our Website must always be acknowledged by you.

If you wish to request further authorisation to use the Content on our Website (including authorisation for a commercial use), you must direct such requests to us via email at info@waterra.com.au or by telephone at (08) 7434 2445.

The WaterRA name and the associated logos displayed on our Website are trade marks of WaterRA. You are not permitted to use these trade marks in connection with your business, products or services unless you have obtained our prior written consent.

2.3  Your use of our Website

You may only use the Website and the Content on the Website for lawful personal purposes unless we provide express prior written consent.

You must not do any of the following:

(a) use the Website or any Content in any way that is unlawful, illegal or breaches our rights or any third party rights or upload or transmit any material to the Website that is inaccurate, unlawfully provided or misleading;

(b) misuse our Website or use it in any way that infringes our rights or the rights of anyone else;

(c) attack our Website via a denial-of-service attack or a distributed denial-of service attack, spam or introduce viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful or which restricts anyone else’s enjoyment of our Website;

(d) use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the Website, or to reproduce or separately store or use such Content;

(e) do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or website connected to the Website;

(f) gain or attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website or breach the security of the Website, test or scan the vulnerability of the Website;

(g) crawl, frame, edit, or make any unauthorised modifications to the Website;

(h) copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit, broadcast, or distribute any part of the Website or any Content contained on the Website;

(i) post, or transmit to the Website any abusive, threatening, harassing, obscene, defamatory, discriminatory, sexually explicit, false or misleading, or otherwise inappropriate material; or

(j) use the Website in any way that otherwise breaches these Terms of Use.

You agree to:

(a) only provide submissions, including communications, comments, messages, blogs, feedback, suggestions, questions, ideas, artwork, images, product, or marketing ideas and any other submissions (any of these, a ‘Submission’) which, if an opinion, you reasonably hold, and if anything else, you own or have the right to provide to us and which does not contain any HTML code, computer script or website URLs, availability, price or alternative ordering or delivery information; and

(b) not use the Website unless you are 18 years of age or older.

2.4  Submitting Content for our Website

We may publish Content on our Website which has been submitted to us by our users or members. By submitting Content to us you acknowledge and accept the following terms:

(a) you grant us a worldwide, royalty and fee-free, irrevocable, sub-licensable, transferable right to use such Submissions at our own discretion (with or without attribution to you) in any media including the rights to edit, copy, reproduce, disclose, post, and remove such materials from our Website, including in connection with our research community and education program, and acknowledge that you will not receive any financial payment or other compensation from us for such use; 

(b) subject to (c) below, you warrant that you are the owner of all intellectual property rights in your Submission (including any images or text included in the Submission);

(c) you warrant that, if there are any other stakeholders in your Submission (e.g. it was created under sponsorship, joint authorship or affiliation with another organisation or individual), you have the right to use the Submission and they have consented to our use, including publishing the Submission (or any part of it) on our Website;

(d) you indemnify us and must pay us on demand against loss, cost, expense (including legal fees), claim, action, proceeding, damage, or liability whatsoever that we incur or suffer in relation to any claim by a third party that your Submission infringes their intellectual property rights;

(e) you acknowledge that we are not obliged to use your Submission (or any part of it) as part of our research community and education program; and

(f) to the extent that you are entitled to assert any moral rights (as conferred under the Copyright Act 1968 (Cth)) in the content of your Submission, you consent to us doing any act in relation to your Submission that would otherwise infringe your moral rights.

2.5  Account

In order to gain access to, and use certain features on, our Website (including to make a Subscription, to submit Content for our Website, and to purchase a ticket to an Event), you must register for an account with WaterRA via the Website (Account). To register for an Account, you must follow the instructions on the Website and:

(a) certify that you are over 18 years of age, or, if you are not over 18 years of age, that you have obtained parental or guardian consent to create an Account; and

(b) provide us with accurate and up-to-date personal information that we require in creating an Account, such as your name, delivery address, billing address, and email address.

2.6  Payments

You may purchase products or services from us on our Website (including a Subscription and/or ticket to attend an Event (or, in the case that the Event is free, you may register for the Event)) by:

(a) logging in to your Account on our Website, completing the relevant electronic form (which will require you to provide your credit card or bank account details) and submitting that form; or

(b) requesting an invoice via email sent to info@waterra.com.au and making payment by EFT transfer.

(together, an Order).

You shall provide WaterRA with accurate and up-to-date information as to your payment details when you place your Order. WaterRA is not responsible for any error that is made by you (or a third party) when placing your Order.

All payments taken by WaterRA will be in Australian dollars (AUD). We currently accept credit card payments from Visa and MasterCard.

All prices listed on our Website are inclusive of GST and are correct at the time of publication. We reserve the right to vary the prices at any time (though this will not affect Orders that have already been processed).

By placing an Order, you accept hat you intend to purchase the relevant product or service (including a Subscription and/or ticket to attend an Event), and you authorise WaterRA to charge your nominated credit card or bank account for the price specified at the time at which you place your Order (including any applicable fees and charges).

All Orders must be paid in full before we are required to provide the relevant product or service (including a Subscription and/or ticket to attend an Event). We will attempt to notify you using the contact details that you have provided in your Order in the event that your payment fails.

You are responsible for any fees or charges associated with your Order, including, but not limited to, any bank account fees charged by your financial institution.

Where an Order does not constitute a tax invoice, a tax invoice will be issued for payments, once processing has been completed.

2.7  Refunds

WaterRA reserves the right to cancel an Order or Event at any time, by giving you notice via the email which you nominated at the time of placing your Order. In the event that an Order or Event is cancelled, you will be entitled to a full refund which we will process within 14 days of the date of cancellation.

If you are unable to attend an Event that you have registered for, you may either:

(a) nominate another person to attend the Event on your behalf; or

(b) request a 100% refund of the registration fee – if such request is made to us by email at least 5 South Australian business days prior to the event.

2.8  Privacy

You are responsible for ensuring that all personal information provided to us is accurate, up-to-date and complete. We will handle your personal information in accordance with our Privacy Policy (accessible at http://www.waterra.com.au/policies/). Our Privacy Policy forms part of these Terms of Use.

2.9  Circumstances beyond our reasonable control

We will make every effort to perform our obligations under these Terms of Use. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.

2.10 Exclusion of liability

For the avoidance of doubt, a reference to our ‘Website’ includes any Subscription made available through the Website, and any Event which tickets are provided through the Website.

To the fullest extent permitted by law, we exclude all implied rights, remedies, guarantees, liability, terms, conditions, and warranties in respect of the access to or use of our Website or reliance on any Content contained on our Website.  

We do not warrant that our Website or Content will be secure, available, uninterrupted or error free, or that our Website will be free of viruses or bugs or that any defects will be corrected.

If you use or access our Website or Content in any manner, you do so at your own risk, and we are not responsible for any damage to your computer system, mobile device or other device capable of facilitating use of, or access to, our Website or Content or loss of data that results from any use or access of the Website or Content, and you must ensure that your IT system is protected from the risk of any viruses, malicious computer code or other forms of interference.

To the fullest extent permitted by law, we reserve the right to interrupt or discontinue any or all of the functionalities of this Website or Content at any time, and we accept no responsibility whatsoever for any interruption or discontinuance of any or all functionalities of this Website or Content, irrespective of whether this is the result of actions or omissions by us or one of our affiliates or of a third party.

To the fullest extent permitted by law, in no event shall WaterRA be liable for any direct, indirect, consequential, or any other loss or damage whatsoever that you suffer arising in connection with the access to or use of our Website or use or reliance on any Content contained on our Website, including any loss of: profits, revenue, opportunity, reputation, business, goodwill, use, data, or other intangible losses, action for infringement of intellectual property rights or defamation.  

To the fullest extent permitted by law, WaterRA’s maximum aggregate liability to you in relation to these Terms of Use or your use of or access to the Website or any Content is limited to any amount paid by you to WaterRA in relation to these Terms of Use (if any).

Nothing contained in these terms is intended to exclude, restrict or modify the application of the Australian Consumer Law to the supply of any goods and/or services through our Website provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited to the cost of replacing, repairing or resupplying the goods or services.

2.11 Your indemnity of us

You agree to indemnify us and keep us indemnified and held harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs, or debt, and expenses, including legal fees and expenses, against any of WaterRA or any of our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees incurred or suffered in relation to:

(a) your use of or connection to the Website or any Content;

(b) your breach of these Terms of Use;

(c) your infringement of any third-party rights;

(d) your breach of any law, rule or regulation;

(e) your Submissions;

(f) any third party access or use with your unique username, password or other security measure, if applicable, including, but not limited to, misleading, false or inaccurate information; or

(g) your wilful misconduct or negligence.

2.12 Variations

These Terms of Use are current as at 23 March 2022.

We reserve the right to vary these Terms of Use at any time by uploading revised terms to our Website. The date of these Terms of Use will inform you as to whether there have been updates since your last visit.

Your continued access to the Website after each variation will constitute your acceptance of that variation.

2.13 Severability

If anything in these Terms of Use are found to be illegal or unenforceable it will be severed from the agreement, and the remaining terms will be construed as if that provision did not form part of these Terms of Use.

2.14 Termination

We may terminate or suspend your use or access to our Website or any Content, or your membership account with WaterRA, or any Subscription, immediately and without notice, if:

(a) you fail to comply with these Terms of Use;

(b) your account details (including personal information) are inaccurate, incomplete or falsified, or you submit any Content that is misleading or deceptive or otherwise unlawful;

(c) your account is being used in a fraudulent or illegal way; or

(d) we suspect that use of your account has compromised the security or functionality of our Website (e.g. by directly or indirectly introducing a virus or malicious code).

2.15 Governing laws

Your use of our Website is governed by the laws applicable in South Australia and the Commonwealth of Australia. You agree to the non-exclusive jurisdiction of the courts and tribunals of South Australia and the Commonwealth of Australia.

2.16 Assignment

We reserve the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms of Use.

You may not assign or transfer your rights or obligations under these Terms of Use in any way without our written permission.

2.17 Entire agreement

These Terms of Use and our Privacy Policy constitute the entire agreement between us and you with respect to the subject matter set out in these Terms of Use, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter.

 

3. Members

3.1  Membership

We offer privileged members-only Content on our Website, in addition to publicly available Content. To access this additional members-only Content, you must belong to a member organisation, and register an account with us through our Website.

If you are involved in a project team or committee affiliated with WaterRA, you may also have access to further Content, which relate to your specific project or group.

3.2  Confidentiality

You are responsible for keeping your username and password confidential and may not disclose it to any other person. You are solely responsible for maintaining confidentiality of all activities that occur through your account.

Members-only or project-specific Content must not be circulated or disclosed outside the relevant member organisation or project group.

 

4. Digital Subscribers

4.1  General

WaterRA currently offers, and makes available to users, a digital subscription service for our online magazines and publications via the Website (Subscription).

A Subscription is for a term of 365 calendar days (Subscription Period) and will commence on the date that you pay your Subscription fee (Subscription Commencement). Your Subscription will not automatically renew at its expiry. You may subscribe for a new Subscription after expiry in accordance with these Terms of Use.

4.2  Refunds

We do not provide refunds in relation to Subscriptions (where the Subscription has been delivered) for any reason, including if you have changed your mind.

4.3  Digital delivery

We will send ‘download’ and ‘access’ instructions to your nominated email address following payment for your Subscription.

4.4  Restrictions

Without limiting any other provision in these Terms of Use, you must not disclose, rent, lease, lend, let, sell, transfer, re-distribute or otherwise grant a right of access to the Subscription to any third party.

4.5  Cancellation

You or WaterRA may cancel a Subscription at any time (Subscription Cancellation). If you wish to cancel a Subscription, you must notify WaterRA of your wish to do so by emailing info@waterra.com.au (Subscription Cancellation Notice).

If WaterRA receives a Subscription Cancellation Notice, we will endeavour to action the cancellation within 5 business days following receipt.

WaterRA will notify you when a Subscription Cancellation has been processed.

4.6  Cessation of a Subscription

If a Subscription to which you are subscribed ceases to be available, we will endeavour to notify you as soon as practicable (Subscription Cessation Notification).

 

5. Ticketholders

5.1 General

We provide ticketing services in respect of the sale and distribution of tickets to WaterRA events (either in-person or online) (Event) through our Website.

5.2  Variations

We reserve the right to withdraw or reschedule an Event, or to add to or substitute speakers.

5.3  Refunds

We will only offer a refund if an Event is cancelled or rescheduled. If you wish to apply for a refund, you must do so within a reasonable period of time. We will require proof of purchase to process any refund.

We will not offer a refund for a change in your personal circumstances or a ‘change of mind’.

5.4  Conditions of entry

You may be refused entry to, or be removed from, an Event if there are reasonable grounds to do so, including circumstances where the individual is:

(a) in possession of, and wishes to use, a ticket that is not authentic or valid;

(b) considered by WaterRA to be violent, intoxicated or disorderly;

(c) carrying items that may cause injury or nuisance;

(d) in possession or under the influence of a controlled substance; or

(e) inappropriately attired.

You may not be permitted to take into an Event or use audio-visual recording equipment (e.g. mobile telephones or cameras).

You may be required to submit to a search of your person and/or possessions before entering an Event.

5.5  COVID-19 specific conditions of entry

By purchasing a ticket to attend an Event, you acknowledge that the Event may be scheduled to be held, or will be held, during a time at which one or more Government directions, orders and/or regulations may be in force. If that is the case, then WaterRA may:

(a) cancel or postpone the Event;

(b) reduce the number of individuals who may attend the Event;

(c) change your seating allocation; and/or

(d) change any standing or seating configurations;

in which case you may receive a refund in accordance with these Terms of Use.

By purchasing or accepting a ticket to or attending an Event, you:

(a) acknowledge that you may be refused entry to the Event if you are feeling unwell;

(b) acknowledge that (even with the implementation of one or more Government directions, orders and/or regulations relevant to attending live events) there remains a risk of transmission of COVID-19 (or other diseases or illnesses) at an Event;

(c) agree to comply with all of the Government directions, orders and/or regulations relevant to attending live events, which may be in place at the time of the Event; and

(d) acknowledge that you may be refused entry to, or removed from, the Event if you do not comply with the Government directions, orders and/or regulations relevant to attending live events, which may be in place at the time of the Event.

5.6  Resale of tickets

Tickets may not be resold or used for advertising, promotion or other commercial purposes without the prior written consent of WaterRA.

The ticket may be cancelled without a refund and the ticketholder may be refused entry to the event if the ticket was sold or used in contravention of this clause.

 

6.  Review and update of Terms of Use

These Terms of Use were last reviewed on 23 March 2022 and updated on 23 March 2022.