Grants and other assistance through the Liveable Communities, Liveable Waterways Program is provided by Melbourne Water Corporation of 990 Latrobe Street Docklands, Victoria ("We, Us").
Use of and access to the Liveable Communities, Liveable Waterways Program and the Incentives System registration and application platform (together, the “Program”) by you as the user (“You”) is governed by these Terms of Use.
By registering to use the Program, you acknowledge that you have read and understood these Terms of Use, as amended from time to time, and you agree to be bound by them.
1. The Program
The Program is a service provided to you by us to enable you to apply for grants and other assistance in accordance with these Terms of Use.
2. Access
a) In order to access the Program, you must:
i. register with us by providing the required personal information as set out in the online registration form;
ii. accept these Terms of Use;
b) By accessing the Program, you accept and agree to abide by these Terms of Use.
3. Accuracy of Your Information
a) You agree that you are responsible for the accuracy and completeness of any information provided by you and you acknowledge that we will rely on that information unless we receive notice from you of any change or update to that information.
b) Due to our reliance on the information provided by you, you agree that, to the extent permitted by law, we will not be liable for any losses or liabilities resulting from any incorrect information and you indemnify us for all losses or liabilities arising from or connected to our use of that information.
4. Security
a) You agree that your email and password will be kept secure and not be disclosed to other parties.
b) You agree that you are fully responsible for all activities that occur through the use of your email and password.
c) If you are concerned or become aware that your password has been compromised or there has been unauthorised use of your Program login details, you must inform us immediately.
5. No authorisation to act on your behalf
You may not permit another person to use the Program using your login credentials.
6. Accuracy
Whilst we have undertaken to ensure that information as provided through the Program is accurate and free from errors, we do not warrant the accuracy, adequacy or completeness of this information. The Program is to be used by you “as is” and your use of the Program and any of the information provided is entirely at your own risk.
7. Links to other sites
The Program may contain links to other sites maintained by third parties and may on occasion display content from other sites within frames on the Program. 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.
8. Intellectual Property
a) Unless otherwise indicated, intellectual property (including copyright) in all information, data, images, logos and trademarks contained in the Program, bills and communications is owned by us or licensed to us and all rights are reserved.
b) Except as permitted by us pursuant an agreement, or under applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any part of the Program or the data within the Program without our prior written consent.
c) You must not use any trademarks, service marks or logos which appear or are used in the Program, nor do anything to prejudice the rights of the owner or licensee of such trademarks, service marks or logos.
9. Malicious Software
We do not warrant that any data (including any file) obtained through the Program is free from computer viruses, other malicious software, faults or defects. It is your responsibility to ensure that you use appropriate scanning software. To the extent permissible by law, we exclude all liability for any loss or damage caused (whether negligently or otherwise) by any software transmitted by the Program and you waive any right to make such a claim for loss or damage.
10. Representations and Guarantees
The material provided or made available to you by us through the Program (“Information”) is provided on each of the following conditions:
a) we make no representations or give any guarantee, warranty or undertaking (express or implied) as to the accuracy, completeness, effectiveness or reliability of the Information.
b) we do not represent, warrant or guarantee that the Program will be accessible or available at all times, or that access to and use of the site will be uninterrupted, secure or error free. We are not obliged to continue operating all or any part of the Program.
c) you acknowledge that you use the Information and the Program at your own risk.
11. Liability
To the fullest extent permitted by law, in no event will we or any of our officers, employees, contractors, representatives or agents be liable for, and you release us from any liability for, any direct or indirect loss (including, without limitation, any losses in the nature of consequential losses, lost profits, loss of revenue, loss of management time, opportunity costs, special damages or loss of business profits or loss of data), damage, claim, expense, cost or other liability (whether as a result of negligence or otherwise) arising in connection with:
a) your use of the Program;
b) your reliance on Information (including any action taken by you as a result of the Information);
c) inaccuracy or incompleteness of any Information;
d) temporary or permanent unavailability of the Program or any goods or services advertised on it;
e) defects in, or problems with, any computer system or communication link (including delays in electronic communication); or
f) any computer virus or other program device which could damage or interfere with data, hardware or software.
12. Limitation of Liability
In consideration for the provision of the Information and any relevant services by us to you, to the fullest extent permitted by law, including the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (Cth):
a) all conditions, warranties and guarantees concerning the Information and the Program (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded; and
b) the liability of us to you is limited to the supply of the Information and the Program again.
13. Miscellaneous
a) You must comply with all applicable laws, regulations, and codes in relation to your access to, and use of, the Program including those laws that apply outside of Australia if you are accessing the Program from outside of Australia.
b) 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 of Use will not constitute a waiver of such right or provision.
c) 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 of Use will continue to have full force and effect.
d) The only Terms of Use which are binding on us in relation to your use of the Program are:
i. those set out in or expressly incorporated by these Terms of Use; and
ii. those which are imposed by law and which may not be lawfully excluded.
e) Headings in these Terms of Use are for convenience only and have no effect in limiting or extending the language of the provisions to which they refer.
f) The singular includes the plural and vice versa.
g) We may amend these Terms of Use from time to time. If we do, we may give you notice of the change and the date from which the change applies through any one or more of the following means (at our discretion): by email to your nominated email address, the Melbourne Water Website or through the Program.
14. Governing Law
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 Victoria.