-1 AUCTIONS | Dec 2, 2021 08:37:30
Terms & Conditions

WaterBid terms and conditions

These terms and conditions apply to the use of this website (WaterBid), including the use of WaterBid to participate in an auction. In using WaterBid, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using WaterBid. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of WaterBid, including the User Guide and our Privacy Statement.

WaterBid is used by us to sell water rights to the public and where applicable water right licence holders.

Terminology

In these terms and conditions, the expressions “we”, “us” and “our” are a reference to Southern Rural Water.

Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon publication on WaterBid. Your continued use of WaterBid following such publication will represent an agreement by you to be bound by the terms and conditions as amended.

We may unilaterally novate or otherwise assign any and all our rights, obligations and liabilities under these terms and conditions to another Victorian government department, agency or other public entity.

Becoming a registered user

In order to participate in an auction, you must become a registered user. To become a registered user, you must complete your registration details in the manner described on WaterBid. Registered user status is free but non-transferable.

As part of your registration we will determine your eligibility to hold a licence for those water rights which require a licence (for example a licence under s 51 of the Water Act 1989). 

We reserve the right to terminate your registered user status at any time if you breach these terms and conditions. We may determine at our discretion whether such a failure has occurred.

You must be 18 years old or over in order to become a registered user.  If you are under 18 years of age, you must not apply to become a registered user.

You agree to ensure that your registration details are true and accurate at all times.  Specifically, you must notify us of any change to your registration details as originally supplied.

You agree to use WaterBid in accordance with the User Guide available here.

You agree you will not distribute false, inaccurate, misleading, defamatory or offensive content (including personal information) on WaterBid.

You agree you will not distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes.

You agree you will not distribute viruses or any other technologies that may harm WaterBid or the interests or property of WaterBid users.

You agree we are not your agent for any purpose in relation to these terms and conditions or your use of WaterBid.

Right to participate in auctions

Subject to these terms and conditions any registered user is entitled to participate in an auction as a bidder.

Auction process

We agree to sell to the highest bidder, subject to our reserve price being reached.

Bidder's obligations

Bids are not retractable.

If you are the bidder and you are notified that your bid has been successful, you must complete the transaction in the manner stipulated.

By making a bid, you warrant and represent that you have the legal right to enter into and complete the transaction and in particular for water rights which require a licence to buy you warrant that you have (and can produce on demand by us) such licence or you have been determined to be eligible to hold a licence by us as part of the user registration process.  If it has been so determined you will be issued your licence on settlement of payment.

You must not attempt to manipulate the price of item auctioned, including by lodging false bids.

You agree to comply with any other auction rules set out on WaterBid.

If you consider you have been treated unfairly, you may have a remedy under the law. You should seek independent legal advice in such a situation.

Disclaimer

Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or liability implied in these terms and conditions or protected by law to the extent that such exclusion, restriction or modification would render these terms and conditions or any provision of these terms and conditions void, illegal or unenforceable.  Subject to that:

 (a)           we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of WaterBid or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through WaterBid; and

(b)           any condition, warranty, right or liability which would otherwise be implied in these terms and conditions or protected by law is excluded.

You acknowledge that at no time prior to entering into these terms and conditions have you relied on our skill or judgment and that it would be unreasonable for you to do so.

Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of these terms and conditions, or your infringement of any law or the rights of a third party in the course of using WaterBid.

Specific warnings

You must ensure that your access to WaterBid is not illegal or prohibited by laws which apply to you.

You must take your own precautions to ensure that the process which you employ for accessing WaterBid does not expose your system to risk of viruses or other form of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of WaterBid or any linked website.

We do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep WaterBid updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on WaterBid.

We do not give you any assurances that any information contained on WaterBid will be suitable for your purposes or that it will be error-free. You agree that you will not rely on any such information or its availability and that any reliance you make will be on your own independent assessments with the aid of qualified independent advice.

We do not warrant that the auction service or WaterBid will be available at all times or at any specific times.

We are not responsible in the event a bid is not processed due to technical difficulties affecting WaterBid.

Copyright

Copyright in WaterBid (including text, graphics, logos, icons, sound recordings) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of WaterBid; or
  • commercialise any information, products or services obtained from any part of WaterBid;
  • without our written permission.

The software used to run WaterBid includes third party "open source" software components supplied by webid (third party software) under version 2 of the GNU Public Licence published by the Free Software Foundation (GNU GPL 2). To the extent that the software in WaterBid includes any third party software, your use of that third party software will be governed by the GNU GPL 2.  You may access the GNU GPL 2 here.  You may access the third party software licensed under the GNU GPL 2 here.  You must use the third party software in accordance with the GNU GPL 2 terms.  The GNU GPL 2 does not apply to any WaterBid software which does not contain any third party software (proprietary WaterBid software).  All proprietary WaterBid software is governed by these terms and conditions.  To avoid doubt, while you are granted broad rights to copy, distribute and modify the third party software under the GNU GPL 2, this does not give you a right to copy, modify or distribute any proprietary WaterBid software or incorporate any derivative works created from the third party software into, or use it in connection with, any proprietary WaterBid software.

Trade marks

Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.

If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

  • in or as the whole or part of your own trade marks;
  • in connection with activities, products or services which are not ours;
  • in a manner which may be confusing, misleading or deceptive; or
  • in a manner that disparages us or our information, products or services (including WaterBid).

Restricted use

Unless we agree otherwise in writing, you are provided with access to WaterBid only for your personal use. You are authorised to print a copy of any information contained on WaterBid for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from WaterBid.

Links in WaterBid

WaterBid may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

Links to WaterBid

We give no licence to exercise any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via WaterBid and you may not exercise any such intellectual property rights, including the right to reproduce the materials or to communicate them to the public (including via any form of linking).

Security of information

Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of WaterBid.

Governing law

These terms and conditions are governed by the laws in force in Victoria Australia.

General

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

To return to WaterBid

To return to WaterBid, click here. By doing so, you acknowledge that you have read, understood and accept the above terms of use.