'communicate' includes reproducing, displaying, framing, publishing, posting, uploading, performing or communicating to the public;
'content' includes material, content, information, data and emails;
'the Department' means the Commonwealth as represented by the Department of the Environment;
'intellectual property' includes all copyright, rights in relation to inventions, plant varieties, trade marks, designs and circuit layouts, all rights relating to confidential information and other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields;
'we', 'us' and 'our' are references to the Department of the Environment and, where applicable, any staff or independent contractors who may act on behalf of, or for, the Department of the Environment in connection with this website from time to time;
'Website' means this National Water Market System (NWMS) website at http://www.nationalwatermarket.gov.au/;
'you' means you, the user of this website, and your principal (if you are acting as an agent).
The website is managed by the Department of the Environment and provides information about the Australian water market.
In particular, the website enables users to generate water market reports (Reports) which contain data sourced from the Australian Water Resources Information System (AWRIS) and developed by the Bureau of Meteorology.
The Reports will contain information about trade volume and price for water access entitlements and water allocations over time and jurisdiction.
Legally binding agreement
All use of this website is subject to these Terms as updated from time to time.
By using this website, you acknowledge and agree that:
- you have read, accept and agree to be legally bound by these Terms. In particular, you acknowledge that your agreement to these Terms constitutes a legally binding agreement between you and the Department of the Environment ; and
- all other terms and Notices appearing on the website or as otherwise notified to you from time to time are hereby incorporated by reference into these Terms.
If you do not agree to be bound by any of these Terms, you are not authorised to use or access this website.
Content of this site
You agree that your access to, and use of, this website is on an 'as is, as available', basis.
You acknowledge that the material on this website is only one aspect of the information that should be taken into consideration when making any decision relating to the Australian water market.
Intellectual property rights
Unless otherwise indicated, the Commonwealth owns all intellectual property (including copyright and trade marks) appearing on this website.
You must comply with the terms of the copyright licence set out in the Copyright notice. The permission granted to you under these Terms is revocable at any time by us giving notice to you.
You must not use this Website or the content of this Website outside the scope of these Terms without obtaining our prior written consent to do so.
We may agree to provide our written consent for such use (including subject to conditions) or decline to provide our written consent in our absolute discretion and without giving reasons.
Material on the Website which is marked with the following Creative Commons logo will be governed by a Creative Commons Attribution 3.0 Australia licence (CC licence) : . Details of the licence conditions are available on the Creative Commons Website via the above link or via the link contained within the above logo.
Other prohibited uses of this site and content
You must not use this website, nor any of the content on this website, to:
- engage in any illegal purpose or infringe the rights of, or restrict or inhibit the use and enjoyment of, the website by any third party;
- sell, license or commercialise the website or any content from, or derived from, the website, including via another site;
- produce derivative works from the content on this website for commercial purposes;
- obtain advertising or other revenue directly or indirectly from content from, or derived from, this website;
- reproduce, store, communicate or otherwise use the content from or derived from this website on, or in connection with, an external website, intranet site or equivalent media;
- remove any copyright, trade mark or other electronic rights management information appearing on, or in connection with, this website or any linked websites;
- use any content from or derived from this website, in a manner that is misleading or conveys inaccurate information to the public;
- in using content from or derived from this website, falsely or inaccurately represent either directly or indirectly that you, your website or your products are connected with, or sponsored or approved by, us or any of our partners or associated entities or bodies.
You must not use any of our registered or unregistered trade marks without our prior written consent, except where you are using the marks to correctly describe or refer to our goods or services.
In particular, you must not use any of our registered or unregistered trade marks:
- in, or as the whole or part of, your own trade marks;
- in connection with activities, products or services that are not ours;
- in a manner that may be confusing, misleading or deceptive; or
- in a manner that disparages us or our information, products or services (including this website).
This website may contain links to other websites (Linked websites). Those links are provided for convenience only and may not remain current or active. We are not responsible for the content, privacy or security practices of Linked websites.
Linking to the National Water Market System website
Linking to any material on this website is permitted, provided that the link is not done in a manner that might mislead or deceive any person, and providing that the links are made at your full expense and responsibility. You must not:
- imply that the Australian Government endorses the website or product
- use National Water Market System website content solely for commercial practices
- alter any of the website's contents
- change the content of the material technically (e.g. the material is presented in a frame and users are unable to determine the location of the original material)
- contravene government policy
- provide a link to the National Water Market System website from a site that is not in the public interest
The National Water Market System Website Manager may withdraw permission at anytime.
To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded.
While we make every reasonable effort to maintain accurate and up-to-date content, we accept no responsibility for the accuracy or completeness of any content available on this website.
We derive our content from sources we believe to be accurate and current as at the date of publication, but we reserve the right to correct or update content at any time.
You should therefore exercise your own skill and care in relation to the content provided via the Website, including information provided at any Linked websites. You should make your own independent inquiries and seek professional advice in relation to any specific issues concerning you.
We accept no liability whatsoever (by reason of negligence or otherwise) arising directly or indirectly from your use of this website, or your reliance upon, the content provided via the Website.
You agree to indemnify us against any loss or damage we may suffer, howsoever caused (including through negligence), as a result of, or in connection with, the use or misuse of this website or the content of this website by you.
Amendments to terms and conditions
We may amend these Terms at any time. You agree to be bound by any such amendments to the Terms immediately upon a notification of the amended Terms appearing on this website or otherwise notified to you.
If we waive or fail to enforce any rights available to us under these Terms on any particular occasion, that does not constitute a waiver of those rights on any other occasion.
If any of these Terms (or part of any of these Terms) is held to be invalid, unenforceable or illegal for any reason, they shall be severed from these Terms and the remaining Terms (or part of any of these Terms) shall continue in full force.
Governing law and jurisdiction
These Terms are governed by the laws in force in the Australian Capital Territory (ACT). You agree to submit to the non-exclusive jurisdiction of the courts of the ACT.