Terms of Use for eServices

Yarra Valley Water eServices (“eServices”) is provided by Yarra Valley Water of Lucknow Street, Mitcham, Victoria, Australia ("We/Us"). The use of and access to the eServices by the user (“You”) is governed by these terms of use which form part of the relevant Customer Charter.

By registering to use eServices, you acknowledge that you have read and understood these terms of use, and agree to be bound by them in accordance with the relevant Customer Charter between you and us. If you do not agree with the terms of use, as amended from time to time by us, you will not be granted access to the eServices or you must immediately discontinue your use of the eServices.

eServices
eServices at Yarra Valley Water are those services provided to you by us to enable you to digitally manage your interactions and transactions with us. eServices include (but are not limited to) the MyAccount portal (“portal”) and emailed “Bills” and “Communications” (as defined in clause 20 of these terms of use).
Registration
1. In order to access eServices, you must:
  1. register with us by providing the required personal information as set out in the online registration form
  2. select each eService that you wish to register for; and
  3. accept these terms of use which are part of the Customer Charter by email confirmation in accordance with clause 3(b).
2. You are responsible for the accuracy and completeness of the information provided by you and you agree that we rely on that information unless we receive notice from you of any change or update to that information.
3. Due to this reliance, you agree that, to the extent permitted by law, we will not be liable for any losses or liabilities resulting from any such incorrect information and you indemnify us for all such losses or liabilities. The following section of these terms of use relate to the MyAccount portal (“portal”).
Portal Security
1. Once you have registered in accordance with clause 2, a verification email will be issued to you at the email address provided by you to enable you to access the portal.
2. By proceeding with the email verification process you confirm that you accept these eServices terms of use and you will use the eServices in accordance with these terms of use.
3. You will be required to choose your own password when you first log into the portal.
4. To improve the security of your account, we strongly recommend that you:
  1. select a password that is not easily guessed by another person;
  2. change your password regularly to maximise the security of the portal;
  3. do not leave your computer unattended when using the portal; and
  4. exit and logout of the portal immediately once you have completed your transaction.
5. Your customer account number and password should be kept secure and not be disclosed to other parties.
6. You are fully responsible for all activities that occur through the use of your password.
7. If you are concerned or become aware that your password has been compromised or there has been unauthorised use of your portal account and login details, you must inform us immediately.
8. An information page about website security is available which contains details of how we use and secure information through the portal.
Authorising a person to act on your behalf through the portal
1. If you wish to permit another person (“authorised person”) to use the portal to access data relating to you or to carry out a transaction for you:
  1. you must ensure that the authorised person is currently authorised by you to perform such activities;
  2. you must apply to add a person to your account in accordance with clause 22;
  3. if that application is based on the authorised person:
    1. holding a certain position (for example, as your employee or agent), you must ensure that the authorised person currently holds that position and continues to hold that position whilst an authorised person;
    2. holding a certain qualification (for example, as a legal practitioner), you must ensure that the authorised person currently holds that qualification and that the qualification is not suspended or cancelled whilst an authorised person; and
    3. you must ensure that the authorised person only accesses data or carries out a transaction for you if the authorised person is duly permitted to do so.
2. We may request documentation from you evidencing that the authorised person has the requisite position or qualification to act on your behalf in such activities.
3. You acknowledge and agree we will not be liable for any actions or alterations to any account by the authorised person acting either with or without your authority.
Products and transactions available under the portal
1. The portal contains both information of a general nature about us and our products and services, and also enables you to manage your own account and make payments online.
2. The portal also provides a number of services, some of which have terms of use particular to that service (including at clauses 19 to 27) which will apply in conjunction with the general provisions set out in these terms of use.
3. By applying through the portal to use these services you:
  1. acknowledge that you have read and understood any terms of use set out in the relevant application form in the portal and in these terms of use;
  2. are bound by the terms of use set out in the portal and the terms of use referred to in clause 5(c)(i);
  3. warrant that the details as completed by you in the application form are correct;
  4. warrant that:
    1. you are the person named in the application as the applicant; or
    2. if the application is a company or organisation the person making the application is duly authorised; and
    3. acknowledge that we are under no obligation to accept your application.
Completing transactions through the portal
1. When you enter into a transaction through the portal, that transaction will not be completed until the electronic instruction or information related to that transaction has been transmitted by you to us and has been received and processed by us.
2. You acknowledge and agree that the electronic instruction or information transmitted by you may not be received by us in accordance with this clause for reasons beyond either party’s reasonable control including, but not limited to, mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of third party service providers or systems.
3. You further acknowledge and agree that, to the extent permitted by law, we are not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction or information through the portal, or any failure to receive an electronic instruction for any reason and you waive any right to make such a claim for loss or damage.
Using other features of the portal
1. The portal may contain or make available various tools, calculation and comparison devices, or other features which may assist you in such things as calculating water usage, comparing bills, translation of the portal into other languages and contacting us via a live webchat. The portal may also contain other useful information, such as water saving tips and answers to frequently asked customer questions.
2. Whilst we have undertaken to ensure that any such features or information as provided through the portal are accurate and free from defect, without limiting clauses 12 and 13, we do not warrant the accuracy, adequacy or completeness of these features as detailed in clause 13. The use by you of any of these features or any information provided is entirely at your own risk. The monetary figures used by these features in any calculations are estimates only and do not take account of your particular circumstances.
Electronic communication about the portal
1. We may communicate with you about the portal and its services through a number of types of electronic communication including email.
2. Upon you conducting certain transactions through the portal you will receive emails confirming details of that transaction.
3. You may subscribe or unsubscribe at any time to certain electronic communications from us through the “manage my preferences” function of the portal. You cannot unsubscribe from communications that are not marketing material including items such as Bills, invoices, overdue notices, receipts or Communications that require an action as a result of a process initiated by you or a third party that directly affects you.
Links to other sites through the portal
1. The portal contains links to other sites maintained by third parties and may on occasion display content from other sites within frames on the portal. 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.
2. If the portal 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 the portal 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.
Portal Cookies
1. The portal uses "cookies" which are small text files that are sent to your computer by our portal server and stored. Each time you use your computer to access our portal, the information that was previously received is sent back to the portal by your browser.
2. These cookies are used to improve the experience that you and other users have when using the portal such as remembering your preferred settings for the next time you visit.
3. If you do not wish to allow cookies to be used, then you may decline the cookies by appropriately configuring your browser and computer. If you do elect to decline cookies, you may not be able to fully experience the interactive features of the portal.
Intellectual property
1. Unless otherwise indicated, intellectual property (including copyright) in all information, data, images, logos and trademarks contained in the portal, Bills and Communications is owned by or licensed to us and all rights are reserved.
2. Except as required for the purpose of using the eServices, or as otherwise permitted under the Copyright Act 1968 (Cth) or other applicable laws, you must not copy, reproduce, adapt, transmit, broadcast, make available, redistribute, publish or otherwise deal with any part of the eServices without our prior written consent.
3. You must not use any trademarks, service marks or logos which appear or are used on the eServices, nor do anything to prejudice the rights of the owner or licensee of such trademarks, service marks or logos.
4. You must not create a link to any part of the portal (other than solely for your domestic purposes) or other parts of the eServices without our prior written consent.
Virus warning
We do not warrant that any data (including any file) obtained through the eServices 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 the eServices and you waive any right to make such a claim for loss or damage.
Disclaimer
1. The material provided or made available to you by us (including on the Yarra Valley Water website and through the eServices) (“Information”) is provided on each of the following conditions:
  1. we neither make any representation nor give any guarantee, warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of the Information.
  2. in particular, we do not represent, warrant or guarantee that the eServices site will be accessible or available at all times, or that access to and use of the site will be uninterrupted, secure, speedy or error free. We are not obliged to continue operating all or any part of the site.
  3. we may modify or close down the site (or part of it) at any time without any liability on our part, and we may cancel or suspend your access to or use of the site at any time.
  4. you are responsible for, amongst other things, ensuring that the Information is used only for the purposes for which we intended.
  5. you acknowledge that you use the Information and the site at your own risk.
Limitation of liability
1. 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:
  1. your use or non-use of the eServices;
  2. your reliance on Information (including any action taken by you as a result of Information);
  3. inaccuracy or incompleteness of any Information;
  4. temporary or permanent unavailability of the eServices or any goods or services advertised on it;
  5. defects in, or problems with, any computer system or communication link (including delays in electronic communication); or
  6. any computer virus or other program device which could damage or interfere with data, hardware or software.
2. 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):
  1. all conditions, warranties and guarantees concerning the Information and any relevant services (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
  2. the liability of us to you is limited to either of the following as nominated by us in our discretion, which you agree is your only remedy:
    1. supply of the Information and any relevant services again; or
    2. payment of the cost of having the Information and any relevant services supplied again.
Privacy
1. Our Privacy Policy contains details of the ways in which we collect, store and use information provided by you through the eServices, including the portal.
2. As outlined in our Privacy Policy, we collect personal information for the purposes of providing water and sewerage related services and products, promoting such services and products and marketing research. We may disclose your personal information to our contractors for these purposes and other third parties including Melbourne Water and the Minister for Environment and Climate Change relating to Parks Victoria services. To the extent that your personal information is transferred to third parties outside of Victoria, you consent to this transfer. You may request access to your personal information that we hold by writing to the Privacy Officer at 25-35 Lucknow Street, Mitcham VIC 3132.
3. We may charge you and you agree to pay the reasonable cost of providing you with access to your personal information.
Social media
1. We have a number of social media channels hosted by us through which you may express your views and ideas to us, including Facebook and Twitter.
2. When using our social media channels you must:
  1. comply with the terms of services governing the use of those third party channels, these terms of use and our website terms of use;
  2. protect your personal information including your account number, address, phone numbers, account information and credit card details;
  3. not disclose other people’s personal information without consent;
  4. show courtesy and respect to both our staff and other users;
  5. not abuse others, expose others to offensive or inappropriate content; and
  6. not use the eServices for any unlawful purpose.
3. In accordance with clause 13, and without limiting that clause, we are not liable for any direct or indirect loss or damage arising from, or relating to your use of our social media channels and you waive any right to claim such loss or damage.
4. If we consider at any time that you are in breach of these terms of use we may enforce our rights under these terms of use at any time including by:
  1. removing any posted messages that we consider to be in breach of these terms of use; and
  2. blocking or deleting you as a user.
5. Our social media channels are managed by authorised Yarra Valley Water employees. Opinions expressed by all users are of that individual user only and, unless otherwise stated and made by authorised persons on behalf of us, do not represent the official views of Yarra Valley Water.
Freedom of Information
1. We are a prescribed authority under the Freedom of Information Act 1982 (Vic). Requests for access to Yarra Valley Water documents under the Freedom of Information Act must be made in writing and addressed to: Assistant Corporate Secretary, Yarra Valley Water, 25-35 Lucknow Street, Mitcham Victoria 3132.
2. Each application must be accompanied by an applicable application fee and clearly identify the documents sought. General enquiries relating to Freedom of Information may be made by telephoning (03) 9872 1238, between 8.30 am and 4.30 pm, Monday to Friday.
eServices complaints resolution process
1. If you have a complaint in relation to the eServices, you may let us know by calling our Customer Relations Team on 1800 051 379 or by emailing us at [email protected].
2. We will respond promptly to your complaint and will do our best to make sure the problem is resolved to your satisfaction. Please see the “Enquiries, Complaints and Disputes” section in the Customer Charters for more information about how we resolve complaints.
Terms of use for SmoothPay
The terms of use in this clause 19 outline and govern the SmoothPay service which is available through the portal. Please consider the SmoothPay terms and conditions.
Registering to receive Bills by email
1. If you choose to receive Bills by email, in accordance with clause 2, a verification email will be issued to you at the email address provided by you.
2. The following definitions apply in these terms of use:
  1. “Bill(s)” means your Yarra Valley Water bill(s) for the account(s) you hold with us from time to time and includes any communications, notices or other billing related information sent by us to you in relation to your account.
  2. “Communications” includes all water and sewerage related notices from us for your account such as payment reminders, disconnection notices and debt collection notices, all marketing or service information and any other notices or publications sent by us from time to time.
  3. “Delivery Channel(s)” means the method of delivery of your Bills and Communications, either by post or by email.
Receiving Bills by email
1. Subject to clause 21(d)(vii) and 21(d)(viii), by activating the eService of receiving Bills and Communications by email in accordance with clause 20, you will receive your Bills and Communications by email in accordance with the Customer Charter and will no longer receive Bills or any other Communications from us by post.
2. You may change how you receive your Bills and Communications either through amending your settings through the My Account section on the portal or by calling us on 1300 853 811.
3. If you change how you receive your Bills, you will also automatically change how you receive all other Communications.
4. You acknowledge and agree that:
  1. Subject to clauses 21(d)(vii), 21(d)(viii) and 30, Bills and Communications will no longer be delivered to you by post.
  2. Any other Communications (such as payment reminders, disconnection notices and marketing or service information) may also be made available via links in the email notifications under this eService.
  3. We are not obliged to notify you when a Bill is available in My Account nor will we be obliged to provide notice when we issue any other Communication.
  4. Despite anything to the contrary in these terms of use, it is your responsibility to:
    1. ensure that the email address provided to us by you is correct;
    2. contact us if you do not receive your Bills and Communications (you may wish to first check your junk email folder to see if your Bill or any Communications have been delivered there instead of to your inbox);
    3. ensure that your account(s) is paid by the due date specified on your Bill, whether or not you receive, read or access your Bill;
    4. notify us immediately if your nominated email address changes;
    5. regularly check your inbox for your Bill, which will generally be sent in accordance with normal billing cycles;
    6. regularly check your inbox for any Communications that may be sent to you;
    7. ensure that you have sufficient space available in your email inbox to receive your Bill and any Communications; and
    8. keep your email account secure to protect the privacy of your personal and credit information contained in your Bill and any Communications.
  5. Your Bills and Communications can only be delivered to one email address for an account. If you have multiple accounts then you may, subject to clause 28, elect a different email address for each account.
  6. If you request that we send your Bills and Communications to another person's email address, all of your Bills and Communications will be sent to that person's email address.
  7. We will use our best endeavours to deliver your Bills and Communications to the email address you nominate. If we cannot deliver your Bills or Communications to that email address, we may send your Bills and Communications to the property mailing address on your account.
  8. At our absolute discretion, we may change your Delivery Channel so that all future Bills and Communications are sent to your nominated mailing address for your account.
  9. We may contact you at any time to request that you update your email address.
Direct debit
1. By submitting the relevant form through the portal for processing you authorise us, until further notice, to arrange payment of your Yarra Valley Water account via an automatic account payment arrangement by debiting the nominated account at the financial institution identified in the form.
2. You warrant that you are entitled to authorise us to arrange payment of your Yarra Valley Water account in accordance with your application using the nominated account.
3. It is your responsibility to ensure that direct debit is available from your nominated account. If in doubt, check with your financial institution.
4. We may discontinue providing eService at any time upon providing you reasonable notice.
5. If a payment due date falls on a weekend or Victorian public holiday, the withdrawal from your nominated account will occur on the next business day.
6. You must ensure that you have sufficient funds in the nominated account on the payment due date. If there are insufficient funds:
  1. your financial institution may charge you a fee; and
  2. we will contact you to arrange an alternative payment and may pass on any additional processing costs to you.
7. You must provide us with sufficient notice of any deferment, alteration, suspension, stoppage or cancelled of your direct arrangement. This is at least 3 days’ notice for bank account direct debits, and at least 1 days’ notice for credit card direct debits. This can be done via the portal, by writing to us, calling us on 1300 304 688 or by emailing us at [email protected].
8. If you believe a withdrawal has been processed incorrectly, contact us immediately. We will investigate the matter and where necessary credit your account within 10 business days.
9. All information you provide to us will be kept confidential, except to the extent required by law or if information is required by your financial institution to initiate the withdrawal from your nominated account to give effect to your direct debit arrangements.
Concessions from Department of Health and Human Services or Department of Veterans' Affairs
1. You may be eligible for various concessions on the amounts payable to us from the Department of Health and Human Services (“Centrelink”) or the Department of Veterans' Affairs (“DVA”) if you are in receipt of a Commonwealth benefit.
2. You may either provide us directly with the evidence from Centrelink of DVA that you are eligible for such concessions or you may use the portal to make a concession enquiry.
3. By making a concession enquiry through the portal you consent for us to:
  1. receive confirmation from Centrelink or DVA regarding the current status of your Commonwealth benefit; and
  2. electronically match details provided by you with Centrelink or DVA to confirm whether or not you are currently receiving a Commonwealth benefit and are therefore entitled to a concession.
4. Your consent remains valid while you are a customer of us and user of the portal unless you revoke such consent by contacting us or Centrelink. If you revoke your consent then you must immediately notify us and not use the eServices under the portal. The other terms of use will continue to apply to your use of the portal.
Changing the name on your account
1. You may change your personal details including your name for use of the eServices. Such a change must only be actioned by you by applying to change your name i.e. the change must not be actioned by another account holder or authorised representative. The change may be made by you through the portal or by contacting us by phone on 1300 853 811.
2. Once changed, your new name will present on the account and further Bills and Communication.
3. By changing your name, as contemplated under this clause 24, you agree and warrant that:
  1. the details of the name change as completed by you are correct; and
  2. you will continue to have financial responsibility (whether joint or sole) for the relevant account both before and after the name change.
4. Nothing associated with changing your name, under this clause 24, limits or otherwise impacts on:
  1. your financial responsibility (whether joint or sole) for the relevant account;
  2. the application of the relevant Customer Charter, including these terms of use and our website terms of use; or
  3. our normal recovery processes on all outstanding amounts.
5. Where we, Centrelink or the DVA have different names recorded for you, you: (i) acknowledge that your name (as represented on the Yarra Valley Water account) is not correct; and (ii) that you agree to have it replaced with the name that appears on your Centrelink or DVA card.
Adding or removing a person from the account
1. You may apply to add or remove another person from your account (including authorised persons, managing agents, other owners and other tenants) provided that you have the requisite authority to do so. The procedures under this clause also apply to clause 3 and clauses 25 to 27.
2. Application to add a person to the account
  If you apply to add a person to your account and an email address is provided for the person to be added, an email will be sent to the person to be added asking that person to accept their addition to the account and to accept (if applicable) that they will have financial responsibility (both joint and sole) for the payment of the account. An email address must be provided if the person to be added will have financial responsibility (both joint and sole) for the payment of the account.
3. You consent to us providing to the person to be added the account number and property address details.
4. If the person referred to in this clause 25 accepts the terms of use and their financial responsibility for the payment of the account (if applicable) that person may access data and carry out transactions in relation to your account depending on the scope of the new person’s authority.
5. Application to remove a person from the account
  If you apply to remove a person from your account, an email will be sent to the person to be removed (if an email address was provided under clause 25(b) or has been provided to us at another time and has not been subsequently removed, withdrawn or deleted) informing that person about their removal from your account and that they will continue to have financial responsibility for the payment of your account up to the point in time of their removal (if applicable). The email will ask the removed person to contact us if they believe that their removal from the account is incorrect.
6. A removed person in accordance with clause 25(e) will no longer be entitled to access data or carry out transactions in relation to that account but will be able to contact us directly by phone, letter or email to discuss any transactions undertaken prior to their removal or outstanding moneys relating to the account (if applicable).
Adding or removing a new title holder
1. You must only apply to or add or remove a title holder as a party to your account in accordance with clause 25 if the relevant property or properties are owned jointly or solely by you.
2. You must ensure, and continue to ensure, that the persons named on your account are the same as the persons that are on the property title for your account.
3. Notwithstanding clause 26(b), you acknowledge and agree that if you remove an existing title holder from your account you:
  1. will retain financial liability for the account, solely or with any remaining title holders named on the account; and
  2. are notifying and warranting to us that the name(s) being removed have also been removed from the property title.
4. You acknowledge and agree that by applying to add a new title holder to your account, you agree to share financial liability for the account with the new title holder and any other existing title holders (both joint and sole). If you apply to add a new title holder, you warrant that that person that you apply to add has been added to the property title.
5. By applying to add a new title holder or remove an existing party to the account under this clause you (including each new title holder) authorise us to access your credit history from any credit reporting agency for the purpose of the application.
Removing a tenant
1. You must only apply to add or remove a tenant as a party to your account in accordance with clause 25 if you have the requisite authority (i.e. you are a managing agent or authorised representative, a third party provider or an owner or tenant of the property or properties).
2. You acknowledge and agree that by removing one or more tenants from the account at the property or properties that:
  1. you have been notified by the tenant of their intent to move out;
  2. if other tenants are still listed on the account, these named tenants are remaining at the property; and
  3. the tenants who remain as a party to the account are financially responsible for paying each future account.
List owners and multiple account customers
1. If you manage five or more properties, then you may apply to receive all the Bills at the same time. This is known as a “List Owner” or “Multiple Account Customer”.
2. We may accept or reject an application under clause 28(a).
3. If your application under clause 28(a) is accepted:
  1. You will be allocated a “List Number” and this number is applied to each of your accounts to form the “List Group”.
  2. We will then hold all of your Bills for each account in the List Group. Once the last account in that List Group has been billed and is ready to be issued, we will send all of the Bills for every account at the same time, and with the same due date.
  3. Financial responsibility for each account will remain with the tenant and/or owner of the property and if you remove an account from the Group List, then the bill for that account will revert to its typical bill cycle and delivery address.
4. By adding an account to your Group List you acknowledge and warrant that:
  1. you will manage the payments of these accounts in the Group List, but financial responsibility for payment of the account will remain with the account holder;
  2. you have advised each account holder on your Group List that they are still financially responsible for each account and will be held liable for outstanding amounts relating to the account; and
  3. no account balance will exceed 90 days in arrears from the due date. Where this occurs we may remove the default account from the Group List without further notice. The account in default may then become subject to our debt collection processes.
Moving
1. If you are moving then you may apply through the portal to notify us of your intended vacation date and arrange for the final meter reading for the property.
2. You must notify us of your intended vacation of the property at least 48 hours in advance prior to vacation otherwise you may be liable for usage charges beyond your vacation date.
3. Account payment responsibilities are different for owner occupiers, landlords and tenants. See further information as to what amounts you are responsible for in relation to the property
4. If you are not the owner of the property, you must authorise the owner, the owner’s agent or your agent to provide us with notice of your vacation and any additional information as may be required by us in connection with the account and recovery of any unpaid usage charges.
5. You acknowledge and agree that if the account of the vacated property remains unpaid for a period of two (2) months, it may be listed as a default which may affect your credit rating. You authorise us to access your credit history from a credit reporting agency for the purpose of this application.
Application of eServices terms of use
1. These terms of use apply separately and in addition to the terms of our Customer Charter and website terms of use, and do not vary, waive or replace any of those terms in any way.
2. In the event of any inconsistency between these terms of use and any of those terms referred to in the Customer Charter, the Customer Charter prevails only to the extent of the inconsistency in relation to your use of the eServices.
3. Acceptance by you of these terms of use binds you and anyone acting for you or on your behalf (including, but not limited to, any of your employees, officers and agents) to comply with these terms of use.
Miscellaneous
1. You must comply with all applicable laws, regulations, and codes in relation to your access to, and use of, the eServices including those laws that apply outside of Australia if you are accessing the eServices from outside of Australia.
2. 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.
3. 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.
4. The only terms of use which are binding on us in relation to your use of the eServices are:
  1. those set out in or expressly incorporated by these terms of use; and
  2. those which are imposed by law and which may not be lawfully excluded.
5. 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.
6. The singular includes the plural and vice versa.
7. 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, My Account, the Website, in press advertisements, letter, newsletter, on your Bill or Communication.
Governing Law
1. These terms of use, which are part of the relevant Customer Charter, 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.