Terms and Conditions - FloodCheck
The following terms and conditions (Terms) govern your ('you', 'your') use of and access to the FloodCheck website provided by the State of Queensland ('we', 'us', 'our') and all information, services and products that may be accessed in connection with that website (FloodCheck Services).
We offer the FloodCheck Services to you subject to the following Terms, which you accept by use of the FloodCheck Services, and confirm by clicking the 'Open Flooocheck' button on the FloodCheck website landing page.
- You are an Australian resident over 18 years of age.
- We provide the FloodCheck Services in response to recommendations contained in the Queensland Floods Commission of Inquiry Final Report into the 2010/2011 Queensland floods dated 16 March 2012. The FloodCheck Services are provided free of charge and solely for public interest and information purposes. Use of the FloodCheck Services is at your own risk.
- The information and tools that you may access and use via the FloodCheck Services (Information) has been created and/or compiled by or on behalf of us using resources available at the time, and is provided on an "as-is" basis. Information available on this site includes flood mapping, flood studies, floodlines and imagery from historic events and data linked from Queensland Government Information Services. You acknowledge that various Information such as, but not limited to, flood simulations are based on an imprecise science which may involve unstable and/or unpredictable variables and as such, is limited in its accuracy and applicability, especially in relation to any capacity to predict future events.
- You are not relying on, and the State does not make any representation, warranty or guarantee (express or implied) as to, the accuracy, completeness or currency of, or the degree of care taken in compiling and providing, the Information.
- The Information includes certain forward-looking information, estimates, forecasts and projections with respect to anticipated future flood events (the Forecasts). The Forecasts reflect various assumptions concerning anticipated results and are subject to uncertainties and contingencies outside our control. Actual future results may vary from the anticipated results or assumptions relied on and such variations, and their impacts on the locations subject to flooding, may be material. No representations, warranties or guarantees are made as to whether any Forecasts will be achieved, the accuracy or reasonableness of the Forecasts or the assumptions on which they are based.
- You may only use the FloodCheck Services for personal interest or information purposes (Permitted Purposes). If you wish to use the FloodCheck Services for any purpose other than the Permitted Purposes, such as in connection with investment decisions, you should seek independent professional advice about both your legal rights to use the Information and what other investigations you should prudently make for your intended purposes, which might include acquiring or commissioning independent studies or reports from appropriate consultants or professionals for a fee.
- In no event shall we or any creator of any Information (Author) be liable to you for any injury, claim, loss, damage, liability, cost or expense of any kind, including in connection with any damage suffered by third parties, whether caused by negligence or otherwise, that may be incurred or sustained by you in connection with or arising directly or indirectly out of your use of or access to the FloodCheck Services or any Information (Loss).
- Without prejudice to any other provision in these Terms, you fully and finally release and hold harmless both us and all Authors with respect to any and all Loss.
- You agree to assume liability for and to indemnify and keep indemnified both us and all Authors for any and all injury, claim, loss, damage, liability loss and expense of any kind, including in connection with any damage suffered by third parties, which we or any Author may incur or sustain in connection with, or arising directly or indirectly out of:
- any use of or access to the FloodCheck Services or any Information by you other than for the Permitted Purposes or otherwise in a manner inconsistent with these Terms; and
- any User Generated Content (as defined further below).
- We accept no responsibility or liability whatsoever for the availability or unavailability of the FloodCheck Services.
- We, Authors and/or other third parties own intellectual property rights in the Information and the FloodCheck Service (Intellectual Property). Nothing in these Terms transfers or affects the ownership of any Intellectual Property. You will respect all Intellectual Property and will not infringe, attempt to infringe or procure any other person to infringe any Intellectual Property.
- Any content or information that you upload to the FloodCheck website in any form (User Generated Content) must not violate any law or include any material which is defamatory, illegal, threatening, that incites hatred or brings the FloodCheck Service or the operation of the FloodCheck Service into disrepute. You grant us a perpetual, irrevocable, royalty-free licence to use all User Generated Content and consent to us using the User Generated Content in any form we see fit, whether modified or not. You consent to us modifying or removing User Generated Content in our sole and absolute discretion and without notice to you.
- We reserve our right to discontinue or change the FloodCheck Services or provision of Information at any time. We may also vary these Terms at any time by updating them on the FloodCheck website and without notice to you. Your use of and access to the FloodCheck Services following such a variation will be subject to such varied terms.
- These Terms are governed by the laws of Queensland, Australia. In relation to it and related non-contractual matters each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction there.
- Each clause in these Terms operates to the full extent permitted by law.
- Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.