Terms and Conditions

1. Agreement

1.1 By registering to use MyAccount you agree to be bound by these Terms.

2. Account Number and password details

2.1 You must keep your Account Number and associated password secure at all times. You must not disclose your password to others, and must not permit any other person who does not share your account to use your Account Number and password.

2.2 You must maintain the confidentiality of your password at all times. You are fully responsible for all activities that occur through use of your password.

2.3 Unauthorised use and allocation of passwords may lead to revocation of access to the MyAccount for you or your organisation.

2.4 You must immediately notify City West Water if you become aware that your password details have been compromised or are known by a third party or there has been unauthorised use of your account.

3. Acting on behalf of an organisation

3.1 To use MyAccount to access Content or to undertake any action for an organisation, you warrant that you:

(a) are currently authorised by that organisation to access that Content or undertake that action on its behalf, and that authorisation must not have been revoked; and

(b) if that authorisation is based on you holding a certain position within that organisation, you currently hold that position.

3.2 You agree that City West Water may rely on that warranty unless it receives prior written notice from you of any change or update to the information provided by you. Any such varied information will be covered by this warranty.

4. Access to MyAccount

4.1 You acknowledge and agree that:

(a) City West Water does not guarantee the accessibility or uninterrupted operation of MyAccount.

(b) City West Water will not be liable for any Loss resulting from any interruption or unavailability of MyAccount, in whole or part, whether because of the failure of the communication network, ancillary equipment, unavailability of third party Content or any other circumstance beyond City West Water’s reasonable control;

(c) it is your responsibility to use other means of obtaining Content if, for any reason, MyAccount is unavailable or interrupted.

(d) City West Water may make changes to MyAccount at any time and these changes may affect your rights or obligations as a user of MyAccount. Any changes may be made without notice by publishing variations in MyAccount.

5. MyAccount security

5.1 City West Water does not accept liability for the security, authenticity, integrity or confidentiality of any actions or communications made through MyAccount.

5.2 City West Water makes no warranties that MyAccount is free of infection by computer viruses or other unauthorised software. City West Water will not be liable for any Loss resulting from any breach of a security measure (including viruses or other unauthorised software).

6. Intellectual Property

6.1 The intellectual property rights (including copyright) in MyAccount and all Content are owned by or licensed to City West Water.

6.2 You may not reproduce, adapt, modify, communicate to the public, or otherwise use any part of the Content or MyAccount without the prior written consent of City West Water.

7. Privacy

7.1 City West Water respects your right to privacy and collects and manages your personal information in accordance with the Privacy and Data Protection Act (Vic) 2014 its privacy policy, which can be found at https://www.citywestwater.com.au/privacy_statement.aspx- policy.

8. The MyAccount

8.1 City West Water may:

(a) limit your ability to use the MyAccount;

(b) terminate your access to the MyAccount at any time; and

(c) vary the terms and conditions of use of MyAccount

9. Indemnity

9.1 You will be responsible for (and you indemnify City West Water against) any Loss or damage to any person arising from any one of the following:

(a) any breach by you of these Terms;

(b) any wilful, negligent or unlawful act or omission by you in relation to, or in the course of using, MyAccount.

10. Limitation of liability

10.1 City West Water will not be liable for any Loss of any kind resulting from:

(a) the use of or inability to use MyAccount;

(b) the use of or reliance on any Content provided through MyAccount. You must rely on your own assessment or seek independent advice in relation to any Content;

(c) unauthorised access to or alterations of your actions or communications to or from MyAccount;

(d) activities resulting from the loss or misuse of your Account Number; password or other access mechanism;

(e) statements or conduct of any third party; or
(f) any other matter relating to MyAccount.

11. Disclaimer of Warranties

11.1 Except as specified in these Terms, City West Water gives no implied or express warranties in relation to the use of MyAccount. All warranties are, to the fullest extent permitted by law, expressly excluded.

11.2 City West Water makes no warranty that

a) MyAccount will meet your requirements;

b) MyAccount will be uninterrupted, timely, secure, or error-free; and

c) the Content that may be obtained from the use of MyAccount will be accurate or reliable.

Content means all materials displayed on MyAccount, including without limitation all information, bills, figures, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on MyAccount and includes Third Party Material.

Loss means loss, damage, cost or expense (to any person or property) including consequential or indirect loss or any loss of profits, data or revenue.

City West Water means City West Water Corporation ABN 70 066 902 467.

MyAccount means the City West Water My Account Online Portal.

Terms means these terms and conditions.

Third Party Material means third party material provided through MyAccount, and material and/or documents relating to or provided by third parties.