Agreement between the User and Busselton Water
The Busselton Water website is comprised of various web pages operated by Busselton Water, as well as an additional but connected site, being the MyBusseltonWater customer account website.
The Busselton Water website (which includes MyBusseltonWater) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Busselton Water website constitutes your agreement to all such terms, conditions, and notices.
Busselton Water reserves the right to change the terms, conditions and notices under which the Busselton Water website is offered, including but not limited to the charges associated with the use of the Busselton Water website.
Links to third party sites
The Busselton Water website may contain links to other external (third party) websites (“Linked Sites”). Linked Sites are not under the control of Busselton Water and Busselton Water is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Busselton Water is not responsible for webcasting or any other form of transmission received from any Linked Site. Busselton Water is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Busselton Water of the site or any association with its operators.
No unlawful or prohibited use
As a condition of your use of the Busselton Water website, you warrant to Busselton Water that you will not use the Busselton Water website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Busselton Water website in any manner which could damage, disable, overburden, or impair the Busselton Water website or interfere with any other party’s use and enjoyment of the Busselton Water website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Busselton Water websites.
Use of communication services
The Busselton Water website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Busselton Water has no obligation to monitor the Communication Services. However, Busselton Water reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Busselton Water reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Busselton Water reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Busselton Water’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Busselton Water does not control or endorse the content, messages or information found in any Communication Service and, therefore, Busselton Water specifically disclaims any liability regarding the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Busselton Water spokespersons, and their views do not necessarily reflect those of Busselton Water.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided to Busselton Water or posted on the Busselton Water website
Busselton Water does not claim ownership of the materials you provide to Busselton Water (including feedback and suggestions) or post, upload, input or submit to any Busselton Water website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Busselton Water, its affiliated companies and necessary sublicenses’ permission to use your Submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Busselton Water is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Busselton Water’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The information, software, products, and services included in or available through the Busselton Water website (including MyBusseltonWater) may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Busselton Water and/or its suppliers may make improvements and/or changes in the Busselton Water website at any time. Advice received via the Busselton Water website and MyBusseltonWater should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Busselton Water and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Busselton Water website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “As is” without warranty or condition of any kind. Busselton Water and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Busselton Water and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation:
- damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Busselton Water website or MyBusseltonWater,
- with the delay or inability to use the Busselton Water website, MyBusseltonWater or related services,
- the provision of or failure to provide services,
- or for any information, software, products, services and related graphics obtained through the Busselton Water website, or otherwise arising out of the use of the Busselton Water website, whether based on contract, tort, negligence, strict liability or otherwise, even if Busselton Water or any of its suppliers has been advised of the possibility of damages.
Termination / access restriction
Busselton Water reserves the right, in its sole discretion, to terminate your access to the Busselton Water website and the related services or any portion thereof at any time, without notice. Use of the Busselton Water website is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Busselton Water as a result of this agreement or use of the Busselton Water website.
Busselton Water’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Busselton Water’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Busselton Water website or information provided to or gathered by Busselton Water with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Busselton Water with respect to the Busselton Water website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Busselton Water with respect to the Busselton Water website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Busselton Water cannot guarantee that its website (including MyBusseltonWater) or any information or material contained in, downloaded from or accessible, to be free from computer viruses or any other defect or error which may affect your software or systems. To protect your software and systems we suggest you install and implement your own system protection software.
Any transmissions made will be examined for known viruses using our standard operating environment scanning and detection tools.
Where a virus is detected in your transmission, the transmission may be rejected and will be deemed not to have occurred. Where a transmission is rejected:
- you will not receive either a transmission and/or transaction confirmation; or
- where we are aware of the rejected transmission, we will attempt to notify you of the transaction failure.
You are advised, where a transmission failure has occurred, to clean and resubmit the transmitted data. We will accept no liability if your transaction fails due to viral problems.
Security of data
Busselton Water is committed to protecting customers’ information online and therefore take reasonable precautions to protect data from misuse and loss from unauthorised access, modification or disclosure, during transmission to us or while stored on either our web server or on the web servers of parties engaged by us. In saying this, Busselton Water will not otherwise be liable for any unauthorised access by any means to that data.
If customers become aware of a breach of security, please notify Busselton Water immediately.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organisation, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Unless otherwise stated, copyright in all materials on this website (including MyBusseltonWater) is the property of Busselton Water. In addition to any fair dealings permitted under the provisions of the Copyright Act 1968, material on this website may be reproduced for research, study, private non-commercial use provided that Busselton Water is acknowledged as the copyright owner and the material is not altered.
All content of the Busselton Water website (including MyBusseltonWater) is: © 2017 Busselton Water. All rights reserved.
If you have any queries please contact Busselton Water.