WaterIQ terms and conditions

Introduction

These terms and conditions describe your rights and responsibilities as a user of the Department of Local Government, Water and Volunteers' (DLGWV) digital customer service channels.

DLGWV may make changes to the customer service channels and these terms and conditions at any time. Your ongoing use of the customer service channels constitutes your acceptance of any new terms and conditions.

Please read these terms of use carefully before using or obtaining any materials, information, products or services through the customer service channels.

Definitions

Within these terms and conditions, the following definitions will apply:

  • 'customer service channels' – means the Water Information Queensland (WaterIQ) customer service channels (WaterIQ app, WaterIQ customer portal)
  • 'Individual' – relates to an officer, partner, member, employee or agent of a company or other organisation to whom information on the customer service channels is related
  • 'Notification service' – means notifications sent via the department's customer service channels to customers
  • 'You' and 'User' – means the Individual accessing the customer service channels.

DLGWV's notification service

These terms and conditions also govern the use of DLGWV's notification service which is made available through DLGWV's customer service channels.

You acknowledge that the notification service is voluntarily provided by DLGWV free of charge. DLGWV's willingness to voluntarily provide such assistance is based on the provision of the notification services not requiring DLGWV to accept any additional risk or liability. Accordingly, you acknowledge and agree that:

  1. DLGWV may provide or not provide the notification service to you or others, from time to time, in its absolute discretion, without notice
  2. DLGWV accepts no responsibility for not making the notification service available, any failure to send a notification to you, any failure in delivery of a notification to you, or for any action (or inaction) you take based upon the notification service
  3. 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.

Ownership of customer service channels

All copyright and other intellectual property rights subsisting in the customer service channels (including the content of, software, design, text and graphics) are owned or licensed by DLGWV, and protected by the laws of Australia and through international treaties in other countries.

You are authorised to view and use the customer service channels using your digital device. DLGWV does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content incorporated into DLGWV's customer service channels.

Copyright notice

All of the materials contained on a customer service channel, 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, DLGWV owns the copyright in the content of all customer service channels.

Where material on a customer service channel is:

  1. duplicated by you (whether by printing or electronic copy), it may only be used by you:
    1. solely for your own information, research or study
    2. when copyright has been acknowledged on the duplicate copy (by using the statement “© Department of Local Government, Water and Volunteers”).

All other use, in any manner, of the material owned by DLGWV is prohibited, unless otherwise authorised under the Copyright Act 1968 (Cth).

Technical information

You acknowledge and agree that some of the material published on the customer service channels is supported by detailed technical information and may be dependent on particular geomorphological and hydrological conditions. DLGWV accepts no responsibility or liability for you relying on such material.

You acknowledge and agree that the information contained on the customer service 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 DLGWV directly to ensure the accuracy and currency of any particular information or material you seek to rely upon.

Warranty disclaimer

You acknowledge and agree that the information presented on the customer service channels is designed to provide a general overview of water entitlement information. You should not rely on the information presented on the customer service channels.

To the maximum extent permitted by law, DLGWV makes no representation or warranty of any kind regarding the quality, completeness, availability, suitability, accuracy or reliability of the customer service channels and/or any content, data, materials, information, products or services provided on the customer service channels.

DLGWV makes no warranties that any content, data, materials, information, products or services provided on the customer service channels are free of infection by any computer viruses or other contamination, to the maximum extent permitted by law.

DLGWV expressly disclaims any representation or warranty that the customer service channels will be error-free, secure or uninterrupted. DLGWV further disclaims any warranty as to the accuracy, reliability, completeness, usefulness, currency and timeliness of any content or information found on the customer service channels.

DLGWV 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.

Exclusion of liability

To the maximum extent permitted by law, DLGWV disclaims all responsibility and all liability (including without limitation, liability in negligence) for:

  1. any damages to or viruses that may infect your computer equipment, devices or other property as the result of your access to, use of or browsing in a customer service channel or your downloading of any content, information, materials, data, text, images, video or audio from the customer service channels
  2. any loss as a result of your use of, or inability to use, the customer service channels, including any loss, damage or expense you suffer or incur, including loss of profits or income, loss or denial of opportunity, loss of use and loss of any data you enter into, upload to or otherwise submit to the customer service channels
  3. or
  4. any injury, expense, loss, claim, damage, cost, 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:
    1. any use of the customer service channels or content, data, materials or information found therein
    2. the content, data, materials, information, products or services provided on the customer service channels being, in any way, inaccurate, out of context, incomplete, unavailable, not up to date or unsuitable for any purpose
    3. or
    4. any failure or delay related to, including without limitation the use of or inability to use any component of, the customer service channels.

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:

  1. warranties or conditions which DLGWV cannot, by law, exclude
  2. or
  3. liability which any law requires DLGWV to accept.

If the law implies any warranty which cannot be excluded, then to the extent permissible by law, DLGWV's liability for failure to comply with any such implied warranty is limited, at DLGWV's option and as determined by DLGWV, to:

  1. the resupply of goods or services again
  2. the repair of goods
  3. or
  4. the payment of the cost of having the goods or services resupplied or repaired.

Indemnification

You will defend and indemnify DLGWV 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:

  1. breach of these terms and conditions or the documents made part of these terms and conditions by reference (if any)
  2. violation of any law or the rights of a third-party
  3. use of the customer service channels
  4. or
  5. access to, use of or reliance on, the information and data on or available through the customer service channels.

Terms of use

You must not attempt to change, add to, remove, deface, hack or otherwise interfere or attempt to interfere with the customer service channels or any material or content displayed therein or with the normal operation of the customer service channels or take any action that imposes an unreasonable load on DLGWV's computer equipment.

You may not use the customer service channels 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 the customer service channels 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.

Third party links

The customer service channels may contain links to other websites that DLGWV does not operate or control (third-party websites). DLGWV is not responsible for third-party websites. We provide these links for your reference and convenience only. DLGWV 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.

Linking to the customer service channels

You must not create a link from any website, including any website controlled by you, to the customer service channels without DLGWV's prior written consent. DLGWV may require you to comply with additional conditions in providing its 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
  • the reason that you wish to establish a link.

If DLGWV agrees to your proposed link:

  1. you must:
    1. regularly check the currency of any data that is downloaded from a customer service channel and displayed or otherwise utilised and, where necessary, update that data to reflect the then-current data on the relevant customer service channel
    2. ensure that any data that has been downloaded from a customer service channel and displayed or otherwise utilised, clearly indicates the date it was downloaded and carries a disclaimer to the effect that DLGWV is not liable in any way for incorrect or out of date versions of DLGWV data that are held/published on any third-party site
    3. if the nature and/or content of your website changes in any significant way, you must contact DLGWV and provide a new description of your website.
  2. you acknowledge and agree that the operation of the relevant customer service 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 DLGWV may terminate the link, without notice, for any reason whatsoever
  3. you must not:
    1. establish the link in a way that makes the information or services contained on a customer service channel appear to be part of your website, or attempt to portray any customer service channel content as your own
    2. establish the link in a way that alters, blocks or otherwise prevents the display of any content of a customer service channel to which you have linked
    3. reproduce, reuse or redistribute any part of the content of a customer service channel for any commercial purpose whatsoever, or distribute to a third party for such purposes, without written permission
    4. display or use a link in a manner that causes a customer service channel or any portion of its content to display or be embedded within a frame on your or any other third-party website, be associated with any advertising or sponsorship not part of the relevant website or application or otherwise incorporate the relevant customer service channel content into a third-party website
    5. represent or imply falsely, misleadingly or deceptively that DLGWV 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
    6. make fun of, satirise, disparage or defame DLGWV, its name or logo or any of DLGWV's goods or services
    7. use the name 'DLGWV', brand 'WaterIQ' or any logo, or product unless in the manner specified
    8. or
    9. 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 DLGWV in its absolute discretion.

Spam

DLGWV may publish electronic addresses of its personnel on the customer service channels for the purpose of promoting its functions or activities. This publication does not infer that DLGWV has consented to any addressees receiving unsolicited commercial electronic messages or spam.

Privacy statement

DLGWV collects and uses your personal information to provide services and information to you, for its functions and activities and to comply with the law.

Our privacy policy tells you how we usually collect, use and disclose your personal information. Our privacy policy also contains information about how you can make a complaint and how we will deal with such a complaint.

If you would like to know further information about the privacy policy, email waterhub@dlgwv.qld.gov.au.