Terms of Use

These website Terms of Use (“Terms of Use”) govern your use of The Water Conservancy (TWC) GetWaterSmart Marketplace https://directory.smartwateradvice.getwaterfit.com/ (“the Site”). owned and managed on behalf of TWC by Save Water Save Money Limited (“SWSM”). Please read these Terms of Use carefully as they affect your rights and liabilities under the law. If you do not agree to these Terms of Use, please do not use the Site. By viewing and using the Site, you are agreeing to the terms that appear below. The Site is provided to you free of charge for your personal use subject to these Terms of Use.

The Site is an online directory providing details of qualified water saving and energy saving products and links to manufacturers’ websites from where you can choose to make a purchase.

You must be over 18 years of age to use the Site.

Any personal data you give to us or we collect from you through the Site is only used in accordance with the terms of our Privacy Policy and all applicable data protection and privacy laws. Please review our Privacy Policy and Cookie Policy, which also govern your use of the Site, to understand our practices.

Who we are and how to contact us

https://directory.smartwateradvice.getwaterfit.com/ is a site operated on behalf of TWC by SWSM. SWSM is registered in England and Wales under company number 06106360 and have our registered office at 101 King’s Cross Road, London, WC1X 9LP, England, with VAT number is 906588396. SWSM is a limited company.

The Water Conservancy is a not-for-profit organisation whose registered office is lvl 6, 75 Elizabeth St, Sydney, NSW, 2000 ABN: 54 117 907 285 (“TWC”)

To contact us, please email info@thewaterconservancy.org

Site and content

All content included in the Site (the Content), such as text, graphics, images, artwork, logos, button icons, audio clips, digital downloads and data compilations is the property of SWSM or is licensed to SWSM by third parties. The Content of the Site is protected by copyright, trade marks, database and other intellectual property rights.

SWSM reserves the right to make changes to the Site and to the Content. You may:

view and display the Content of the Site on a computer screen or mobile device; and
print individual pages and make a reasonable number of photocopies of the Content in all cases for your own personal use or internal business purposes, provided you keep intact all copyright and proprietary notices.

You must not copy, distribute, extract parts of the Content, make profit, publish, reproduce or modify, distribute or use for commercial purposes (other than for internal business purposes) any of the Content without first getting written permission from SWSM.

You may not use the Site for any of the following purposes:

gaining unauthorised access to other computer systems;
interfering with any other person's use or enjoyment of the Site;
breaching any laws concerning the use of public telecommunications networks;
interfering or disrupting networks or websites connected to the Site; or
collecting or harvesting any information or data from the Site or our systems

Acceptable use

When contacting us using our online form or email, you shall not make any comment or statement or include any content that:

is hateful, offensive, racist, sexist, bigoted, libellous, defamatory, obscene, abusive, pornographic, lewd, erroneous, stalking, or threatening;
advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
creates an impression that is incorrect, misleading, or deceptive;
divulges or misuses other people’s personal data or private information without their express authorisation and permission; or
violates any other third-party rights.

We will not tolerate any inappropriate or abusive behaviour, which may be reported. We may terminate the access of anyone who breaches this acceptable use policy.

Software terms

The terms in this section apply to any software (including any updates or upgrades to the software) that SWSM makes available to you from time to time for your use in connection with the Site (the Software).

All software used in the Site is the property of SWSM and protected by copyright laws.

You may use the Software solely for purposes of enabling you to use the Site. You may not incorporate any portion of the Software into other programs or compile any portion of it in combination with other programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute, sub-license or otherwise assign any rights to the Software in whole or in part. SWSM may cease providing any Software and we may terminate your right to use any Software at any time. Your rights to use the Software will automatically terminate without notice from us if you fail to comply with any of these Software terms. You may not assist or authorise any other person to copy, modify, adapt, reverse engineer, decompile, disassemble, attempt to derive source code or otherwise tamper with, the Software, whether in whole or in part, or create any derivatives of the Software.

SWSM may modify the Software at any time and without notice to you.

SWSM disclaims all warranties and limits liabilities arising out of or related to the Software to the fullest extent permissible under law. In particular, disclaimed are all liabilities in connection with:

incompatibility of the Software with any of your devices, software, telecommunications links;
any loss or damage caused to your devices by the use of the Software;
technical problems of the Software, i.e. interruptions and errors;
unreliability, unsuitability or inaccuracy of the Software; and
the Software not meeting your requirements.

We do not warrant that:

your use of the Site will be uninterrupted or error-free;
the Results obtained by you through the Site are accurate or will meet your requirements;
any goods or services advertised on the Site are fit for purpose or of satisfactory quality;
the Site will be compatible with your device or any telecommunication links.

We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Site may be subject to limitations, delays and other problems inherent in the use of such communications facilities.

Intellectual Property Rights

“Intellectual Property Rights” means any patents, copyright, trademarks, trade names, domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs (whether registered or unregistered) database rights, topography rights, moral rights, rights in confidential information (including without limitation know-how and trade secrets) and any other Intellectual Property Rights or industrial property rights, in each case whether registered or unregistered and including without limitation all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.

You acknowledge and agree that SWSM and/or its licensors own all Intellectual Property Rights in the Site. Except as expressly stated herein, these Terms of Use do not grant you any rights or interest to, under or in, any Intellectual Property Rights or any other rights or licences in respect of the Site.

You hereby grant SWSM a non-exclusive, royalty-free, transferable, irrevocable, perpetual, worldwide licence to use the Intellectual Property Rights in any data that you input into the Site. We reserve the right to provide this data to third parties, provided that any personal data shall be strictly processed in accordance with our Privacy Policy.

You are hereby granted a non-exclusive, revocable, non-transferable licence to use the Site and the Results in the country that you are resident in for your internal business operations.

Limitation of Liability

You acknowledge that the Site has not been developed to meet your individual requirements..

Except as expressly and specifically provided in these Terms of Use:

SWSM and TWC take no responsibility for manufacturers’/advertisers’ claims about the products, their water saving qualifications and accreditations, features or how much water they will save over the course of a year or its lifetime.

You assume responsibility for your decision to purchase from the site of a manufacturer or distributor and neither SWSM nor TWC is liable for the performance of the product.
You accept that neither SWSM nor TWC are involved in the actual transaction between you the buyer and the seller. The contract for the purchase and sale is directly between buyer and seller and is governed by the terms of the seller’s own website. You assume sole responsibility for conclusions drawn from the Site. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided by us to you in connection with the Site;

all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms of Use; and
the Site is provided to you on an “as is” basis.

Subject to the above:

SWSM and TWC will not be liable to you for loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of use, loss or corruption of data or information or any special, unforeseeable loss (i.e. indirect and consequential loss) or pure economic loss, costs, damages, charges or expenses. For the avoidance of doubt, loss or damage is unforeseeable if either it is not obvious that it will happen or if, at the time the contract was made, both SWSM and TWC and you did not know that it might happen; and
SWSM’s and TWC’s total aggregate liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising under or in connection with these Terms of Use will be limited to a sum equal to £1,000 (or the equivalent amount in any applicable local currency).

You will indemnify and keep SWSM and TWC and their officers, employees, consultants, agents and sub-contractors indemnified, on demand, against all losses, costs and liabilities and all expenses, including reasonable legal or other professional expenses, suffered or incurred by SWSM and TWC arising out of or in connection with any breach of these Terms of Use by you, or by any third party acting on your behalf.

Nothing in these Terms of Use limits or excludes our liability for death or personal injury resulting from negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.

Third Party Providers

You hereby acknowledge that the Site may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that if you do so, this is solely at your own risk.

SWSM and TWC make no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third party website, or any transactions completed, and any contract entered into by you with any such third party. Any contract entered into and any transaction completed via any third-party website is between you and the relevant third party, and not SWSM or TWC.

SWSM and TWC recommend that you refer to the third party's website terms and conditions and privacy policy prior to using the relevant third party website. SWSM or TWC do not endorse or approve any third party website nor the content of any of the third party website made available through the Site.

Advertising and sponsorship

The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws and codes. SWSM or TWC will not be responsible for any error, any faults or inaccuracy in advertising and sponsorship links and material.

Other matters

These Terms of Use, the Privacy Policy and Cookie Policy constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You acknowledge that in entering into these Terms of Use you do not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that are not set out in these Terms of Use. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms of Use.

If you have any issues with our services, please contact us at info@thewaterconservancy.org

These Terms of Use shall be governed by the laws of England and Wales and any disputes will be decided only by the English courts.

If any court finds that any of these terms are not valid, this will not affect the validity of any of the other terms in this notice, which shall remain in full force and effect. If SWSM fails to enforce any right we have under these terms, it does not mean it is giving up on enforcing that right at a later date. You may not assign, sub-license or otherwise transfer any of your rights under these Terms of Use.

SWSM reserves the right to make changes to these Terms of Use at any time by posting a revised version of it on this site. The date of the changes will be listed in the “Last updated” section below. By using the Site after the date changes were made, you are agreeing to the changes.

Last updated: October 2024