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My Water Terms of Use

My Water Terms and Conditions of Access and Use.

  • (f) We take reasonable steps to protect the Personal Information we collect and hold about you from misuse, and from unauthorised access, use and disclosure.
  • (g) We do not transfer or host any Personal Information outside Australia and where any Personal Information is transferred to a third party recipient outside Victoria, in accordance with our obligations under the Privacy Laws, we use our reasonable endeavours to ensure that the recipient complies with laws or a binding scheme that is equivalent to the requirements of the Privacy and Data Protection Act 2014 (Vic).
  • 7. Your Content and Conduct:

    • (a) You are solely responsible for your own Content and the consequences of submitting the Content to us (including via upload to My Water).
    • (b) You represent and warrant to us on a continuous basis that you own or you have the necessary licences, rights, consents and permissions to submit the Content to us and that our reproduction, communication to the public and other exploitation of the Content (including the IPR in the Content) does not infringe the rights (including the IPR) of any third party.
    • (c) You grant to us a non-exclusive, worldwide, perpetual and irrevocable, fully paid up licence of the Content (including the IPR in the Content) to enable us to operate My Water and to make My Water, the Content and the tools available to you.
    • (d) Subject to the above, you further agree that the Content you submit to us does not contain material owned by any third party, unless you have the permission from the lawful owner of the material or that you are otherwise legally entitled to submit the Content to us and to grant to us all of the licence rights set out in these Terms of Use.
    • (e) You additionally agree that you will not submit to us any Content, and that you will not use My Water or the tools we make available to transmit any material that is vulgar or obscene, discriminatory, sexist or racist, violent or graphic, contrary to applicable Laws or libellous, tortious, defamatory or invasive of another person’s privacy.
    • (f) You agree that we may (at our reasonable discretion) remove Content which in our reasonable opinion breaches any of the restrictions set out in clause 7(e).
    • (g) You also acknowledge and agree that the fact that we may make available your Content to other users of My Water does not mean that we endorse such Content or the person submitting the Content.
    • (h) You further acknowledge and agree that, to the maximum extent permitted by Law, you indemnify us, keep us indemnified and hold us harmless from and against any claims made against us by any third party with respect to the Content (or any part of the Content), including the publication or release of the Content, or any imputations set out or contained in the Content.
    • (i) Additionally, you acknowledge and agree that any links to websites controlled or operated by third parties are beyond our reasonable control and that we are not responsible for the content accessible via link(s) included in your Content or which we may otherwise make available. To the maximum extent permitted by Law, you acknowledge and agree that we are not responsible for any loss that you suffer or incur as a result of any third party website that is external to My Water being disabled or being unavailable for any reason.
    • (j) We agree that we will use all reasonable endeavours to preserve the Content in a readily accessible format (including, where reasonably possible, the format in which you uploaded or otherwise submitted the Content to My Water) and to ensure that the Content can be accessed at any time.

    8. Communications: Unless you expressly inform us otherwise (including by sending an email to us unsubscribing from our email list), you consent to your receipt (from us) of electronic messages (including email) attaching newsletters and/or updates of future developments relating to My Water and the Services that we offer or make available via My Water.

    9. Data Transmissions: You acknowledge and agree that the Internet is an inherently insecure medium, that no data transmission over the Internet can be guaranteed as being totally secure and that your data (including the Content you upload or otherwise submit to us) is stored on My Water at your own risk. While we take all reasonable steps to protect and secure your data transmission to My Water once we receive the transmission, you agree that, to the maximum extent permitted by Law, we are not liable to you for any misuse of or unauthorised access to, use of or disclosure of your data, unless such misuse of or unauthorised access to, use of or disclosure of your data is as a direct result of any negligent, reckless or intentional act or omission by us or by our employees or subcontractors.

    10. Intellectual Property:

    • (a) Subject to the remainder of this clause 10, you agree as follows:
    • (i) as between you and us, all IPR in My Water is owned or controlled by us;
    • (ii) to the extent that you upload to or provide Content for My Water, you own the IPR in such Content; and
    • (iii) to the extent that parties other than you and us upload or provide Content for My Water, those other parties own the IPR in such Content.
    • (b) You grant to us (including the right to grant sub-licences to other users who have access to your Content under these Terms of Use) a non-exclusive, perpetual and irrevocable, worldwide, fully paid up licence of the IPR in such Content for any purpose related to My Water.
    • (c) Where you have the right under these Terms of Use to access the Content of third parties, then you are granted a limited sub-licence by us on behalf of the third party to access and view such Content via My Water. Such licence does not extend to downloading, reproducing, making available, communicating to the public or otherwise exploiting the Content (including the IPR in the Content).
    • (d) We grant to you a non-exclusive, fully paid up and non-transferable licence of the IPR in My Water and the tools we make available via My Water for your sole use. You acknowledge and agree that the licence we grant to you under these Terms of Use is for personal and non-commercial use only.
    • (e) Except as permitted by Law and otherwise to enable you to make full use of My Water in accordance with these Terms of Use and any operating instructions we make available, you acknowledge and agree that you cannot reproduce, adapt or modify My Water, the Content or the tools we make available via My Water, or to otherwise create any derivative works therefrom.

    11. Warranties and Representations:

    • (a) We take all reasonable steps to ensure that My Water, the tools and the Content can be accessed at any time. However, notwithstanding the foregoing, you acknowledge and agree that My Water, the tools and the Content are made available to you on an “as is” and “as available” basis.
    • (b) We agree to use our reasonable endeavours to restore My Water to full functionality and performance if and when such functionality and performance is interrupted for any reason.
    • (c) You agree that My Water, the tools and the Content made available via My Water contain or comprise confidential and sensitive information. You acknowledge and agree that you will maintain the confidentiality of all such information and you agree to immediately notify us if you become aware of any actual or suspected unauthorised access to or use or disclosure of such information.
    • (d) While we take all reasonable steps to maintain the accuracy of information contained on My Water (including the tools and the Content), to the maximum extent permitted by Law, we make no warranty or representation, nor give any guarantee as to the accuracy, adequacy or completeness of the Content.
    • (e) To the maximum extent permitted by Law, we make no representation or warranty, nor do we give any guarantee to you in relation to My Water or to the Content, including (without limitation) as to the reliability, suitability or availability of My Water or the Content, that access to My Water and/or to the Content will be secure, uninterrupted or error-free, that errors or defects with My Water and/or the Content will be able to be corrected, that My Water will operate with any other hardware, software, system or data, or the accuracy and fairness of the Content.

    12. Liability:

    • (a) The liability of either party for a breach of these Terms of Use or for any other common law or statutory cause of action arising out of the operation of these Terms of Use will be determined under the relevant law that is recognised, and would be applied by, the High Court of Australia.
    • (b) To the fullest extent permitted by law, in no event shall we, our directors, officers, employees or agents, be liable to you for any direct, indirect, incidental, special or consequential loss or damage arising from any:
    • (i) errors, mistakes or inaccuracies of Content;
    • (ii) personal injury or property damage (of any nature whatsoever) arising or resulting from your access to and use of the Portal and/or the Content;
    • (iii) any unauthorised access to or use of our storage system that hosts your Content, except where such unauthorised access to or use of our storage system is as a result of some negligent, reckless or wilful act or omission by us;
    • (iv) any interruption or cessation of transmission to or from the My Water;
    • (v) any bugs, viruses and/or other malicious code which may be transmitted to or through My Water by any third party (except where such transmission is facilitated by some negligent, reckless or wilful act or omission by us); and/or
    • (vi) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed, transmitted or otherwise made available via My Water, whether based on warranty, contract, tort or any other legal theory.
    • (c) To the extent that we cannot lawfully exclude our warranty or any guarantees to you under these Terms of Use, then to the maximum extent permitted by Law, we limit our liability to you to the cost of resupplying the products and/or services to you as contemplated under these Terms of Use.

    13. Notices: Without limiting the methods by which a notice or other communication may be given at Law, a notice or other communication is properly given or served if it is transmitted by electronic mail or other electronic means to your electronic mail address. You agree to promptly notify us of any change in your electronic mail address.

    14. Entire Agreement: These Terms of Use constitute the entire agreement with respect to your access to and use of My Water, access to and use of the tools we make available via My Water and your right to upload, submit, access and use the Content. These Terms of Use supersede all prior representations, agreements, statements and understandings (whether verbal or in writing) in relation to the subject matter of these Terms of Use.

    15. Applicable Law: These Terms of Use are subject to the laws in force in the State of Victoria and you and we both agree to submit to the exclusive jurisdiction of the courts of the State of Victoria with respect to any disputes arising out of or in connection with these Terms of Use.

    16. Variation: We may vary these Terms of Use at any time by giving you notice of the variation. Such notice may be given (and you are deemed to have been given notice) by posting a notice of the variation to these Terms of Use reasonably prominently on My Water. We will use all reasonable endeavours to notify you of any variations to these Terms of Use at least 14 days in advance of the variation taking effect. Such notification will take the form of an email sent to the email address You provide to Us (as updated or replaced from time to time by You), by posting a reasonably prominent link to the varied terms on Our website and/or by posting a reasonably prominent notice in any app We release to support My Water.

    17. Waiver: A waiver by either party of a breach of these Terms of Use will not be regarded as a waiver of any other breach. A party’s failure to enforce a provision of these Terms of Use will not be interpreted as a waiver.

    18. Severability: Each provision of these Terms of Use shall be read as separate and separable so that if any provision is void or unenforceable for any reason, that provision will be severed and the remainder will be construed as if the severed provision had never existed.

    19. Assignment: We may assign any rights under these Terms of Use to a third party without your prior written consent. You acknowledge and agree that the rights conferred on you under these Terms of Use are personal to you and cannot be assigned or novated to another party except with our prior written consent.

    20. Further acts: Each party must, without further consideration, sign, execute and deliver any document and perform any other act that is necessary or desirable to give full effect to these Terms of Use.

    21. Party preparing document not to be disadvantaged: No rule of contract interpretation must be applied in the interpretation of these Terms of Use to the disadvantage of one party on the basis that it prepared or put forward these Terms of Use or any document comprising these Terms of Use.

    22. Termination and Survival: These Terms of Use (except for those clauses which are expressly stated as surviving the termination or expiry of these Terms of use) expire on the earliest of the following the cessation of our provision of My Water and the related tools and services and our termination of your access rights to My Water (for any of the reasons contemplated in these Terms of Use). Clauses 6 (Privacy), 8 (Communications), 9 (Data Transmissions), 0 (Intellectual Property), 11 (Warranties and Representations) and 12 (Liability) survive the termination or expiry of these Terms of Use.

    23. Interpretation: In these Terms of Use, unless the contrary intention appears:

    • (a) the singular includes the plural and vice versa;
    • (b) words importing one gender include other genders;
    • (c) a reference to a document or instrument (including these Terms of Use) includes that document or instrument as novated, altered or replaced from time to time;
    • (d) a reference to an individual or person includes a partnership, body corporate, government authority or agency and vice versa;
    • (e) a reference to a party includes that party’s executors, administrators, successors, substitutes and permitted assigns;
    • (f) other grammatical forms of defined words or expressions have corresponding meanings;
    • (g) a covenant, undertaking, representation, warranty, indemnity or agreement made or given by two or more parties or a party comprised of two or more persons is made or given and binds those parties or persons jointly and severally;
    • (h) a reference to a statute, code or other law includes regulations and other instruments made under it and includes consolidations, amendments, reenactments or replacements of any of them;
    • (i) all monetary amounts are in Australian dollars;
    • (j) a party that is a trustee is bound both personally and in its capacity as trustee; and
    • (k) a reference to an authority, institution, association or body (original entity) that ceased to exist, been reconstituted, renamed or replaced or whose powers or functions have been transferred to another entity, is a reference to the entity that most closely serves the purposes or objects of the original entity.