Terms & Conditions

This website (Website) is owned and operated by or on behalf of Yarra Valley Water Corporation (ABN 93 066 902 501) (”Yarra Valley Water”, “we”, “us” or “our”).

The Website is available for you to use and access conditional on your acceptance of these terms and conditions set out below and any other directions or rules of use on this Website (Terms of Use). These Terms of Use form a legal agreement between you and us.

We reserve the right to change these Terms of Use at any time by posting changes online. You are responsible for informing yourself of any changes by regularly reviewing these pages.

By continuing to access the Website (other than to read these Terms of Use for the first time), you acknowledge that you have read and understood the Terms of Use, and agree to be bound by the Terms of Use, as amended from time to time.

If you do not agree with the Terms of Use, you are not permitted to use or access this Website in any manner.

  1. ADDITIONAL TERMS FOR ORDERING OF GOODS OR SERVICES
    1. Where you purchase or order any goods or services from us via this Website or any website linked to this Website, your purchase or order will be made subject to these Terms of Use and any specific additional terms and conditions that we notify you at the time you place your purchase or order (for example, the “Yarra Valley eServices Terms of Use”).
    2. To the extent of any inconsistency, any specific additional terms and conditions prevail over these Terms of Use to the extent of the inconsistency.
  2. ACCESS AND USE
    1. You may browse and view the Website, and download material from the Website for your personal non-commercial use, provided that you do not remove any copyright or trade mark notices contained on the material.
  3. INTELLECTUAL PROPERTY
    1. Unless otherwise indicated, all intellectual property rights (including copyright) subsisting in the Website and the material on the Website (including information, data, images, text, software, logos and trade marks contained in this Website) is owned by us or is licensed to be used by us. You must obtain written permission from us or the relevant owner before reusing any material that is published on this Website (including any content and trade mark). Any unauthorised use of the material appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
    2. Except for the limited use set out in paragraph 2.1 above, or as otherwise permitted under the Copyright Act 1968 (Cth) or other applicable laws, you must not use any material on any part of the Website without the prior written consent from us or the owner.
    3. Specifically, you must not (and must not assist or procure any other party to), directly or indirectly, copy, reproduce, adapt, transmit (including broadcast), make available, distribute, redistribute, sell, modify, publish or otherwise deal with any material on any part of this Website in any manner whatsoever, including:
      1. copying or modifying the layout or the “look and feel” of the Website;
      2. copying or modifying any computer software and code contained in the Website;
      3. copying , reproducing, communicating or adapting any material on this Website in any material form;
      4. storing any material in any storage media;
      5. distributing or publishing any material on this Website in any material form;
      6. re-transmitting the material by any medium of communication, including broadcasting;
      7. uploading and/or reposting the material to any other site on the Internet; and
      8. “framing” the material on the Website with other material on any other website;
    4. You must not (and must not assist or procure any other party to) use any trade mark, service mark or logo which appears or is used on this Website, nor do anything to prejudice the rights of the owner or licensee of such trade mark, service mark or logo.
    5. You must not (and must not assist or procure any other party to) create a link to any part of this Website (other than solely for your domestic purposes) without our prior written consent.
  4. SPECIFIC RESTRICTIONS – NO UNLAWFUL ACTIVITIES
    1. You must not (and must not assist or procure any other party to), whether directly or indirectly, transmit to or via the Website any virus or otherwise interfere with the Website, including:
      1. engaging in any activity which may tamper with, hinder the operation of or make unauthorised modifications to the Website;
      2. introducing viruses, Trojan horses, disabling code or other malicious or technologically harmful material into any part of the Website;
      3. accessing, or attempting to gain access to, the underlying infrastructure, systems and software used by us to provide a Website (or any part of it);
      4. accessing, or attempting to gain access to, parts of a Website that is not supplied to you under these Terms of Use;
      5. dissembling, decompiling, reverse engineering or creating derivative works from the Website (including the underlying software used by us to provide the Website); and
      6. altering, concealing or removing any notices regarding our intellectual property rights that may appear on or within the Website (including the underlying software used by us to provide the Website).
    2. You must not (and must not assist or procure any other party to), whether directly or indirectly, post or transmit to or via the Website any information or material which breaches any laws or regulations, including:
      1. using the Website to communicate information which is fraudulent or defamatory;
      2. using the Website in a manner that infringes, or may infringe, a third party’s rights (including intellectual property rights and moral rights); and
      3. using the Website in manner that would result in us breaching a law.
  5. LINKS TO OTHER SITES
    1. The Website contains links to other sites on the Internet owned and operated by third parties and which are not under our control.
    2. We provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site. We do not make any representation as to the accuracy or suitability of any of the information contained on those linked sites, and is not responsible for the material or information contained on those linked sites.
    3. If this Website contains third party advertisements (such as banner ads or referral buttons) which contain embedded links to other sites where goods or services are advertised, the placement of such advertisements on this Website does not constitute the recommendation or endorsement by us of any goods or services advertised by the third party. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.
  6. VIRUS WARNING
    1. We do not warrant that any data (including any file) obtained through this Website is free from computer viruses or other faults or defects.
    2. It is your responsibility to ensure that you use appropriate and adequate security and measures to protect you against any attacks, errors, viruses, Trojan horses or other harmful or disabling code
  7. DISCLAIMER
    1. We do not warrant, represent or guarantee that this Website will be accessible or available at all times, or that access to and use of this Website will be continuous, uninterrupted, secure, speedy or error free. We do not guarantee that all errors will be corrected, and do not guarantee to continue operating all or any part of this Website.
    2. While we will attempt to ensure that the information, content or software (including the content and/or software of third party) provided on this Website (including illustrations and specifications for any products) is correct, we do not guarantee its reliability, accuracy or completeness. Such information is provided on an “as is” basis, and we do not provide any warranties or representations of any kind, whether expressed or implied, as to the reliability, accuracy, suitability or completeness.
    3. We do not guarantee that the Website will be compatible with your equipment or any software which you use.
    4. We do not control the transfer of data over telecommunications facilities, including the internet. We do not warrant secure operation of the Website or that it will be able to prevent third party disruptions of such Website. We do not guarantee the speed at which information may be transmitted or received via the Website. You acknowledge and agree that we are not responsible for any delays, delivery failures, or other damage inherent in the use of the internet and electronic communications.
    5. We do not guarantee any and all implied warranties arising from statute, course of dealing, course of performance or usage of trade, including of merchantability, fitness for a particular purpose, and non-infringement.
    6. This paragraph 7 does not purport to exclude any rights which you may have which are provided by statute and which cannot be excluded (including under the Australian Consumer Law).
  8. LIMITATION OF LIABILITY AND INDEMNITY
    1. To the maximum extent permitted by law and subject to paragraph 8.3, we (or any of our officers, employees, contractors or agents) will not be liable for any direct, indirect loss, consequential, punitive or exemplary damages or loss, claim, expense, cost or liability (including without limitation any losses in the nature of loss of business profits, loss of data, loss of goodwill or reputation, or labour costs), regardless of whether that liability arises in contract, tort (including negligence), at common law, in equity, under statute, under an indemnity or otherwise howsoever arising, including as a result of:
      1. your use or non-use of this Website;
      2. your reliance on information contained in this Website (including any action taken by you as a result of information contained on this Website);
      3. inaccuracy or incompleteness of any information contained on this Website;
      4. temporary or permanent unavailability of this Website or any goods advertised on this Website;
      5. defects in, or problems with, any computer system or communication link (including delays in electronic communication); or
      6. any computer virus or other program device which could damage or interfere with data, hardware or software.
    2. Except for those which are expressly specified in these Terms of Use, all warranties, conditions and representations (including those that are implied) relating to this Website or any information on this Website are, to the maximum extent permitted by law, excluded.
    3. Nothing in these Terms of Use operates to limit, exclude, restrict or modify liability that cannot be excluded by law, including the guarantees that cannot be excluded under the Australian Consumer Law[SH1] . For any such liability that cannot be excluded, but can be limited, our liability will be limited, at our option to any one or more of the following:
      1. in the case of the supply of goods – replacing or repairing the goods or supplying equivalent goods, or paying the cost of replacing or repairing the goods or of acquiring equivalent goods; and
      2. in the case of the supply of services – supplying the services again, or paying the cost of having the services supplied again.
    4. You hereby indemnify, and will keep indemnified, us (and our officers, employees, agents and contractors) in respect of any claim, liability, loss, damage, cost (including any legal cost) or expense which we (or any of our officers, employees, agents, contractor or representatives) may suffer or incur as a direct or indirect result of:
      1. any breach by you of these Terms of Use;
      2. any infringement or violation of a third party’s right by you in connection with your use of the Website (including intellectual property rights, confidentiality and privacy); and
      3. your wilful or negligent act or omission with regard to the use of this Website (or any part of it).
  9. PRIVACY
    1. We may (or authorise third party to) collect, store, process and use your personal information, including:
      1. information which you may provide when accessing the Website (such as your name and email address); and/or
      2. information which we may gather from your access to the Website (such as the way you use the Website, including information acquired through the use of cookies delivered to your computer when you access our Website).
    2. We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full Privacy Policy for details of how we collect, store and use your personal information.
  10. COOKIE POLICY
    1. Some pages on this Website uses cookies, which are small units of data temporarily stored on the hard disk of your computer by your browser which allow the web server to identify your computer and offer you information tailored to you.
    2. You may make your browser reject cookies. However, in this case, you may not be able to use some or all of the features on our Website.
  11. FREEDOM OF INFORMATION
    1. “Yarra Valley Water is a prescribed authority under the Freedom of Information Act 1982. Requests for access to Yarra Valley Water documents under the Freedom of Information Act are to be made in writing and addressed to:
      Assistant Corporate Secretary, Yarra Valley Water, Private Bag 1, Mitcham Victoria 3132.
    2. Each application must be accompanied by an applicable application fee and clearly identify the documents sought. General enquiries relating to Freedom of Information can be made by telephoning (03) 9872 1238, between 8.30 am and 4.30 pm, Monday to Friday.”
  12. TERMINATION OF ACCESS OR USE
    1. We may terminate your access to or use of the Website at any time without giving any explanation or justification for such termination, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to or use of the Website.
  13. ALTERATION OF THE TERMS OF USE
    1. We reserve the right to change these Terms of Use with or without further notice to you, and without giving you any explanation or justification for such change.
    2. If this Terms of Use is terminated or expired, you must cease using or accessing the Website.
    3. Termination or expiration of these Terms of Use for any reason will not affect rights, obligations or liabilities that we have before such termination or expiration, nor does it affect any provisions of these Terms of Use which by their nature are intended to survive the termination or expiry of these Terms of Use (including an indemnity), such provisions to continue in full force and effect.
  14. MISCELLANEOUS
    1. In these Terms of Use, references to the word “include” or “including” are to be construed without limitation.
    2. These Terms of Use are governed by, and are to be construed in accordance with, the laws in force in the State of Victoria, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in that State.
    3. You must comply with all applicable laws, regulations, and codes in relation to your access to, and use of, this Website including those laws that apply outside of Australia if you are accessing this Website from outside of Australia.
    4. Any of our rights under these Terms of Use may only be waived by us in writing. Any failure by us to exercise or enforce any rights or any provision of these terms and conditions will not constitute a waiver of such right or provision.
    5. If any provision of these Terms of Use is held void, unenforceable or illegal, that provision will be severed, and the rest of these terms and conditions will continue to have full force and effect.
    6. Headings in these terms and conditions are for convenience only and have no effect in limiting or extending the language of the provisions to which they refer.
    7. If any part of these Terms of Use is found to be void, unlawful, or unenforceable, then that part will be deemed to be severable from the balance of these Terms of Use, and the severed part will not affect the validity and enforceability of any remaining provisions.

Last update: 23 September 2016

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