Web Site Terms of Use
Yarra Valley Water
This web site is owned and operated by Yarra Valley Water Limited (ACN 066 902 501) of Lucknow Street, Mitcham, Victoria, Australia ("We/Us").
The use of and access to this web site is governed by these terms and conditions. By using this site, you acknowledge that you have read and understood these terms and conditions, and agree to be bound by them.
If you do not agree with these terms and conditions as amended from time to time by us you must immediately discontinue your use of this site.
1. Ordering of Goods
Where you purchase or order any goods or services from us via this web site or any web site linked to this web site then your purchase or order will be made subject to terms and conditions that are notified to you at the time as being applicable to that purchase or order. To the extent of any inconsistencies, those terms and conditions will prevail over these web site terms of use.
2. Links to Other Sites
This site contains links to other sites maintained by third parties and may on occasion display content from other sites within frames on this web site. We do not make any representation as to the accuracy or suitability of any of the information contained on those other sites, and do not accept any responsibility or liability for the conduct or content of those other sites.
If this site 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 site 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.
3. Intellectual Property
Unless otherwise indicated, intellectual property (including copyright) in all information, data, images, logos and trade marks contained in this site is owned by or licensed to us and all rights are reserved.
Except as required for the purpose of using this site, or as otherwise permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any part of this site without our prior written consent.
You must not use any trade marks, service marks or logos which appear or are used on this site, nor do anything to prejudice the rights of the owner or licensee of such trade marks, service marks or logos.
You must not create a link to any part of this site (other than solely for your domestic purposes) without our prior written consent.
4. Virus Warning
We do not warrant that any data (including any file) obtained through this site is free from computer viruses or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software. To the extent permissible by law, we exclude all liability for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through this site.
5. Disclaimer
We do not represent or guarantee that this site will be accessible or available at all times, or that access to and use of this site will be uninterrupted, secure, speedy or error free. We are not obliged to continue operating all or any part of this site. We may modify or close down this site (or part of it) at any time without any liability on our part, and we reserve our right to cancel or suspend your access to or use of this site at any time.
While we will attempt to ensure that the information provided on this site (including illustrations and specifications for any products) is correct, we cannot guarantee its reliability, accuracy or completeness. Such information is provided on an "as is" basis, without warranties of any kind, either expressed or implied and users of this site must make their own independent enquiries to satisfy themselves as to its reliability, accuracy or completeness.
6. Limitation of Liability
In no event will we or any of our officers, employees, contractors or agents be liable for any direct or indirect loss (including, without limitation, any losses in the nature of consequential losses, loss of business profits or loss of data), damage, claim, expense, cost or liability (whether as a result of negligence or otherwise) arising from, or relating to:
- your use or non-use of this site;
- your reliance on information contained in this site (including any action taken by you as a result of information contained on this site);
- inaccuracy or incompleteness of any information contained on this site;
- temporary or permanent unavailability of this site or any goods advertised on it;
- defects in, or problems with, any computer system or communication link (including delays in electronic communication); or
- any computer virus or other program device which could damage or interfere with data, hardware or software.
Except for those which are expressly specified in these terms and conditions, all warranties, conditions and representations (including those that are implied) relating to this site or any information on it are, to the maximum extent permitted by law, excluded.
Notwithstanding the above, these terms and conditions do not exclude, restrict or modify any non-excludable condition, warranty, right or remedy conferred on you, or implied by, the Trade Practices Act 1974 or any other applicable legislation. If we breach any condition or warranty implied by that Act or any other applicable legislation, our liability will (where permitted) be limited, at our option to any one or more of the following:
- 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
- in the case of the supply of services - supplying the services again, or paying the cost of having the services supplied again.
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 your wilful or negligent act or omission with regard to the use of this site (or any part of it) or any breach by you of these terms and conditions.
7. Privacy
Our Privacy Policy contains details of the ways in which we collect, store and use information provided by you to this site.
Our Web Site Security and Use contains details of how we use and secure information on this site.
Freedom of Information - "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:
Manager, Corporate Services, Yarra Valley Water Ltd, Private Bag 1 Mitcham Victoria 3132.
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."
8. Miscellaneous
These terms and conditions 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.
You must comply with all applicable laws, regulations, and codes in relation to your access to, and use of, this site including those laws that apply outside of Australia if you are accessing this site from outside of Australia.
Any of our rights under these terms and conditions 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.
If any provision of these terms and conditions 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.
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.