Terms of Use

The website www.nicwer.com.au (the Site) is owned and operated by National Irrigation Corporation Water Entitlement Register Pty Limited ABN 45 126 360772 (NICWER).

The NICWER register of water entitlements (Register) is owned and operated by NICWER.

The following sets out the terms and conditions under which you may use the Site and access and search the Register. By accessing, browsing and/or using this Site or searching the Register you agree to the following terms and you agree to use the Site and Register in accordance with all applicable laws. If you do not agree then you must cease use of the Site and Register.

Site Disclaimer

The content available on the Site is provided on an "as is" basis. NICWER does not represent that the information contained in this Site is accurate, comprehensive, verified, complete or error free.

NICWER attempts to keep the content of the Site up to date. However, NICWER does not warrant the accuracy or currency of the content. The content on the Site is liable to change at any time.

NICWER assume no liability for the contents of any other site you may access from the Site.

Register Disclaimer

The content concerning the ownership, transfer and management of water entitlements has been provided to NICWER by irrigation entities holding bulk access licences issued by government agencies. These irrigation entities have licensed information to NICWER to compile and present on the Register. NICWER does not represent, and cannot warrant, that the information licensed to it by these irrigation entities is accurate, comprehensive, verified, complete or error free.

In particular, information on the Register regarding mortgages, charges, pledges, liens, leases, licenses, sales agreements, covenants, options or any other securities, restrictions or interests (Encumbrances) should not be relied upon as a comprehensive or accurate record of all Encumbrances. There is no requirement for the registration of Encumbrances by water entitlement holders, or any Encumbrance holder and any such registration is voluntary.

Information Service

NICWER reserves the right to change and update the information provided on the Site and Register at any time. NICWER does not guarantee that your access to that information will be uninterrupted, timely or secure.

Viruses, Errors, Defects, Security and Interruptions

By accessing the Site and the Register you acknowledge that:

(a)	access to the Site and Register may be affected by matters beyond NICWER’s control; and
(b)	data transmission over the internet cannot be guaranteed as totally secure.

NICWER does not warrant and cannot ensure the security of any information which you transmit to the Site or Register or which NICWER transmits to you. NICWER does not guarantee that the files contained in the Site or Register, or the servers on which the Site and Register are hosted is unaffected by viruses, errors, defects or will be accessible to users on a continuous or uninterrupted basis.

NICWER does not guarantee that any viruses, errors or defects discovered to exist on the Site or Register, or the servers on which it is hosted will be corrected. Users of the Site and Register do so at their own risk.

Subject to NICWER’s Privacy Policy (which is located on this Site), NICWER does not guarantee that personal or confidential information provided to the Site or Register is secure. Users of the Site and Register acknowledge that personal or confidential information submitted to the Site and Register is sent at the user's own risk.

Disclaimer of Liability

NICWER does 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 the Site or the Register or which may arise directly or indirectly in respect of services supplied pursuant to any search request placed on the Site in respect of the Register. NICWER does not accept any responsibility for any such loss arising out of your use of, or reliance on, information contained on or accessed through the Site or Register, including results made available to you in response to your search of the Register.

With regards to any loss or damage which may be suffered by you in connection with any services supplied via the Site or Register, NICWER, at its sole discretion, limits its liability to the extent permitted by law, and is fair and reasonable for NICWER to do so, to:

(a)	resupplying the services; or
(b)	pay the cost of having the services resupplied.

Indemnification

You agree to indemnify NICWER from and against all claims, losses, damages, costs and expenses which NICWER may suffer or incur (directly or indirectly) due to:

(a)	your use of the Site or Register (including unauthorised transactions);
(b)	your use of, or reliance on, information contained on or accessed through the Site or Register, including (without limitation) any information received as a result of any search of the Register; or
(c)	your breach of any provisions of these Terms of Use.

NICWER holds the benefit of this indemnity on trust for itself and for its employees, agents, contractors and sun-contractors.

Copyright

Copyright in the content contained on the Site and Register (including text, graphics, logos, icons, software, the arrangement and presentation of the content, and the overall design of the Site and Register) is owned or licensed by NICWER. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Australia) or similar legislation which applies in your location, you may not in any form or by any means:

(a)	adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Site or Register; or
(b)	commercialise any information or services obtained from any part of the Site or Register;

without NICWER’s written permission

Trademarks

The images, logos and names on this Site and Register are registered and unregistered marks of NICWER. All rights are reserved. You must not copy or use those trade marks, unless expressly authorised in writing by NICWER.

Cookies

Some of the pages on the Site and Register use ‘cookies’, which are small files that may be placed on your hard disk for record-keeping purposes. These cookies are used for tracking and authentication purposes and expire when you close your browser.

You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (However, by not accepting cookies, some web pages may not display properly or you may not be permitted to access certain information.) A server cannot find out a name or email address, or anything about you by using cookies.

Cookie information is not stored or collected by us. Once NICWER receives information from you, via email or any other means, this information is held in a secure environment.

Collection and Security of Information

When you carry out a search of the Register, information such as your IP address, general browser information, date/time information and any financial information required for NICWER’s financial accounting and details of the certificate/information purchased will be collected by NICWER.

Further information regarding information NICWER may collect, and the steps taken to preserve the security of this information, is set out in NICWER’s Privacy Policy on this Site.

Governing Law and Jurisdiction

These Terms of Use are governed and construed in accordance with the laws of the State of New South Wales, Australia and you agree that the State or Federal Courts located in New South Wales, Australia will have the exclusive jurisdiction to hear and determine any claims or disputes arising out of or relating to these Terms of Use and your use of the Site and Register.

Changes to Conditions of Use

NICWER may amend, revise or update these Terms of Use by posting revised terms of use on the Site as and when NICWER sees fit.

When NICWER changes these Terms of Use you will be asked to 'click through' your acceptance of the new terms of use. Your continued use of the Site and the Register following agreement to any new terms of use means you agree to bound by the new terms of use.