Terms & conditions

Welcome to WaterMarket.com.au

Welcome to WaterMarket.com.au. We are pleased to give you access to our database of ads and other related information, products and services. By accessing or using WaterMarket.com.au you agree to be bound by these terms of use.

About WaterMarket.com.au

WaterMarket.com.au makes available ads, water resource data, information on water trading and links to other websites. WaterMarket.com.au is a website, trademark and trading name of Water Market Australia, ABN: 72 472 140 136. We do not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any of this information.

Our contact details are listed:

WaterMarket.com.au
Suite 212,
11 Memorial Avenue
Pomona
QLD 4568

Email: info@watermarket.com.au
Phone: 1800 388 366

110% Easier Trading Guarantee

Search ads user

If WaterMarket.com.au does not make trading easier for you, then you can post an ad on WaterMarket.com.au and we will refund 110% of the purchase price. To claim this guarantee you must send an email to info@watermarket.com.au stating (i) the date that you searched WaterMarket.com.au, and (ii) that you wish to claim this guarantee. Also, you must post your bonus ad within 5 working days of the search date specified in your email.

Easy trader plan user (1 ad live ‘til sold)

If WaterMarket.com.au does not make trading easier for you, then we will refund 110% of the purchase price. To claim this guarantee you must send an email to info@watermarket.com.au within 50 days of posting your ad. In your email you must state that you wish to claim this guarantee.

Big trader plan user (Unlimited ads for 12 months)

If WaterMarket.com.au does not make trading easier for you after one month, you can cancel your plan and we will refund you 110% of the price paid for that month. To claim this guarantee you must send an email to info@watermarket.com.au within 40 days of beginning your plan. Your email must state that you wish to claim this guarantee.

General

- You can only claim the 110% Easier trading guarantee once
- The 110% Easier trading guarantee is not offered with any free advertising offers

Posting ads - Your obligations and acknowledgements

You agree to:

- Have the legal authority to buy or sell water if posting an ad
- Have a signed authority from a third party if acting for this third party to buy or sell water
- Only post an “Offer to Sell” when you or the party you are acting for have water available for purchase within the jurisdiction and water trading zone permitted by the relevant authority
- Only post a “Bid to Buy” when you or the party you are acting for have a genuine and substantial interest in purchasing water within the area, jurisdiction, or water trading zone that you specify
- Remove from public view an ad for water within 72 hours of a sale of contract being entered into for that water. WaterMarket.com.au may remove any ad that is not removed within this time. It is your responsibility to remove all of your ads that become inactive.
- Make sure that information you post on WaterMarket.com.au is not unlawful, defamatory, misleading, deceptive, in breach of copyright, or would otherwise expose WaterMarket.com.au to any liability, legal proceedings or other sanction
- Make sure that you have written consent from WaterMarket.com.au before referring to us on our website, other websites or in any document
- Comply with any applicable Code of Practice issued by your local internet industry association (see www.iia.net.au)
- Comply with any codes issued by the Water Brokers Association or government authorities
- Comply with all applicable laws, including the Trade Practices Act 1974 (Cth), local fair trading legislation, and any other applicable advertising standards and regulations
- Secure your username and password at all times and only disclose it to parties authorised to make changes on your behalf
- An ad submitted by you only refers to only one water entitlement or resource
- The listing details for a particular water entitlement or resource are only listed by you (or any associated offices, or other brokers or agents in your broker or real estate group) once
- Obtain our written permission before making any reference to material other than listing details for a particular water entitlement or resource
- Make sure that no other person, authorised or otherwise, makes use of your subscription to WaterMarket.com.au
- Obtain our written permission before making reference to WaterMarket.com.au in any promotional or merchandising materials

You acknowledge that:

- Using WaterMarket.com.au does not guarantee that any trade can occur
- You are authorised by all proprietors and authorities relevant to a water entitlement or water resource to post an ad on WaterMarket.com.au
- One subscription to WaterMarket.com.au entitles only one office in each water broker group, real estate group, irrigation cooperative, or water service provider to post ads. One subscription cannot be shared between offices.
- You will be liable for all charges incurred using your username and password in the administration section of WaterMarket.com.au
- By using WaterMarket.com.au you grant us irrevocable, world-wide, royalty-free licence to commercialise, copy, license to other persons, use and adapt for any purpose any material you generate or submit
- WaterMarket.com.au reserves the right to monitor or censor material generated by you, but we are not under any obligation to do so
- WaterMarket.com.au is not responsible for content or data errors generated by you.
- Technical failure may prevent you accessing information and transmission of information over the internet can result in delays and errors
- You are responsible for the security and integrity of your data

Plans

General:

- By selecting and paying for a plan, you agree to the terms of that plan
- You can make unlimited changes to the ad/s you post
- You must remove from public view an ad for water within 72 hours of a sale of contract being entered into for that water

Post ads for free plan

The Introductory Plan allows you to post one ad or multiple ads for free. This plan can be accessed and used until 30 November 2009. To keep existing ads live, edit existing ads or post new ads after November 30, 2009, you will have to begin another plan.

Easy trader plan (1 Ad live ‘til traded)

The Easy trader plan allows you to post one ad until the water referred to in the ad is traded. This plan includes the 110% Easier Trading Guarantee. This ad must specify a single water trading zone. An ad that could be interpreted as being relevant to multiple water trading zones is not accepted under this plan.

Big trader plan (Unlimited ads for 12 months)

The Big trader plan allows you to post an unlimited number of ads for the term of the plan. This plan includes the 110% Easier trading guarantee. Each ad must specify a single water trading zone. An ad that could be interpreted as being relevant to multiple water trading zones is not accepted under this plan.

Your plan with automatically continue for further terms of the same 12 month period until you terminate the plan in accordance with these terms and conditions.

Terminating a monthly plan

To terminate your plan you must provide WaterMarket.com.au with clear written notice of your intention to terminate your plan at least 30 days prior to the end of your existing plan. Your notice of termination must be sent to info@watermarket.com.au.

We may terminate or suspend your plan

WaterMarket.com.au may terminate your plan at any time for any reason, provided that we give you seven days clear written notice. We may immediately suspend your plan or temporarily remove any ad posted on WaterMarket.com.au if you:

- fail to pay any fees
- breach any part of our terms and conditions and fail to rectify the breach within 7 days
- breach any warranties provided or representations made on WaterMarket.com.au
- provide false or misleading material on WaterMarket.com.au
- die or enter into bankruptcy or liquidation or you are deemed to become insolvent

WaterMarket.com.au responsibility to you is limited

Where law implies a term into these terms and conditions that cannot be excluded, liability of WaterMarket.com.au to you is limited to replacing, repairing, or re-supplying the applicable goods or services.

Apart from the above, WaterMarket.com.au will not be liable to you for:

- Claims connected with your use of WaterMarket.com.au, whether arising from contract, tort, negligence, indemnity, strict liability, or statute
- Loss of use, production, profit, revenue, business, data, anticipated savings or for delay or for any financing costs or increase in operating costs or any other consequential loss or damage.

WaterMarket.com.au is copyright protected

Material on WaterMarket.com.au is © Water Market Australia 2009, All Rights Reserved. All material on WaterMarket.com.au is owned by and licensed to Water Market Australia and is subject to copyright (Copyright Material).

You may:

- Only copy or reproduce the Copyright Material for the purpose of browsing WaterMarket.com.au or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act
- Not alter or modify the Copyright Material or remove any legal notice associated with it

WaterMarket.com.au and other references used by Water Market Australia are trademarks or registered trademarks. Other product and company names mentioned on the WaterMarket.com.au may be the trademarks of their respective owners.

You must not:

- Modify, copy, distribute, transmit, display, perform, reproduce, publish or license any material from WaterMarket.com.au
- Use any material published on WaterMarket.com.au to create any website or publication
- Copy WaterMarket.com.au or any page from WaterMarket.com.au for any purpose, including to produce another website
- Transfer or sell any information, functionality or products or services provided on WaterMarket.com.au

Law governing these terms and conditions

These terms and conditions are governed by and are prepared in accordance with the laws of the state of Queensland and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland.

Changes to our terms

If we decide to change our terms and conditions, we will also change the privacy modification date at the bottom of this page. We will not reduce your rights under these terms and conditions without your explicit consent, and we expect most changes to be minor. If changes to these terms and conditions are significant, we will provide a prominent notice, including email notification of changes for certain services.

Terms modification date

13 October 2009