Website – Terms of use 

Summary:

The use of this Web Site is subject to the "Terms of Use" which you may read below. The Terms of Use include the following terms and conditions.

• We will collect and store Personal Information about you in accordance with these Terms of Use including our Privacy Statement.
• The security of information you transmit to us or we transmit to you over the Internet is not warranted as secure and you transmit that information at your own risk.
• We are not liable to you or to anyone else for any loss in connection with use of this Web Site or any Linked Web Site including loss or damage to computer systems.
• We do not warrant that the information on the Web Site is accurate, complete or up to date.
• You are licensed to use the copyright material on the Web Site for your personal and non-commercial use, unless otherwise agreed. Prior to using or reading any material on the Web Site you must read all of the Terms of Use by clicking on the icon below.

Privacy Statement

We appreciate the importance of protecting your personal information and the trust placed in us when you supply your personal information to us. We are bound by the National Privacy Principles ("NPP's") under the Privacy Act 1988 (Cth) ("Privacy Act") in the way that we handle personal information. To comply with the NPP's and in recognition of your trust in us, we have implemented a privacy statement. This statement explains how we handle personal information relating to individuals. Nothing in this statement limits any of our other obligations at law.

Information Collected:

We only collect personal information to the extent that this is necessary for the following activities;

• recording details of requests for application packages; and
• recording details of requests for information packages.
• recording details of requests for newsletter subscriptions.

The types of personal information, which, we may collect and hold for our activities include, without limitation, an individuals name, address, telephone number and email addresses.

We may collect personal information from you in a variety of ways including, without limitation, on forms; questionnaires and surveys; through this Web Site ( including collection of cookies being data we store on your computer to keep track of your Web Site preferences); over the telephone; or person to person.

If the information we request for the provision of services is not provided to us, we may not provide the goods or services to the person requesting them.

Information use and disclosure:

We will not use or disclose personal information that we collect for any secondary purpose other than the primary purpose of collection without your consent unless:

• the secondary purpose is related to the primary purpose (directly related if sensitive information) and you would reasonably expect us to use information for that secondary purpose;
• the use and disclosure is otherwise permitted under the Privacy Act.

You may, at any time, request us not to provide you with any further publications by contacting us on the details below. Please note that this excludes information about changes to our terms and conditions for the supply of goods or services.

By using our Web Site you will be deemed to consent to us using your personal information collected by our Web Site for the following purposes:

• notifying you about any new goods or services;
• administering your requests for information in relation to the Smart Water Fund;
• monitoring your use of our Web Site

If you use our Web Site, but do not consent to the use of your personal information for any purpose specified above (other than monitoring your use of our Web Site) then please contact the address below. Please note that this excludes use of your personal information to provide you with information about changes to our terms and conditions and information which you have requested us to supply.

Data security:

We will take reasonable steps to protect the personal information, which we hold, from misuse or loss and from unauthorised access, modification or disclosure.

When using our Web Site you should be aware that no data transmission over the Internet can be guaranteed as totally secure. Although we strive to protect such information, we do not warrant the security of any information that you transmit to us over the Internet and you do so at your own risk.

Openness:

From time to time, we may change our statement on how we handle personal information or the types of personal information we hold. Any changes to our privacy statement will be published on our Web Site.

Access, correction and further information:

We will provide you with access to your personal information held by us, unless we are permitted under the Privacy Act to refuse to provide you with such access. Please contact us as set out below if you:

• Wish to have access to the personal information we hold about you;
• Consider that the personal information which we hold about you is not accurate, complete or up to date; or
• Require further information on our personal information handling practices.

Smart Water Fund ABN 487 363 01624, PO Box 8520, Heatherton 3202 or call us on 1800 822 432 or fax us on (03) 9552 3771 or email info@smartwater.com.au.

Disclaimer of Liability

General disclaimer:

We are not liable to you or anyone else for any loss in connection with this Web Site or any Linked Web Site.

This general disclaimer is not restricted or modified by any of the following specific warnings and disclaimers but does not attempt to exclude liability in relation to those warranties implied by law which cannot be excluded.

Specific warnings and disclaimers:

You must ensure that your access to this Web Site is not illegal or prohibited by laws which apply to you in your location.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this Web Site or a Linked Web Site. You must take your own precautions to ensure that whatever you select for use from this Web Site is free of viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operations of your computer systems.

Whilst we have made every effort to ensure that the information in our Web Site is free from error, we do not warrant the accuracy, adequacy or completeness of this information. In addition, we may, from time to time, change or add to this Web Site (including terms and conditions) or the information, goods or services without notice. However, we do undertake to keep this Web Site updated. We are not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not up to date.

To the extent permitted by applicable law, all representations, warranties and other terms are excluded. In circumstances where warranties are implied by law and cannot be excluded, Smart Water Fund's liability is limited to either repair, replacement or reimbursement for the goods supplied by Smart Water Fund or the replacement or reimbursement for the services supplied by Smart Water Fund, at Smart Water Fund's option.

Copyright:

The Web Site is Smart Water Fund's copyright property and copyright in the material on this Web Site is owned or licensed by us. You are provided with access to it only for your personal and non-commercial use, unless otherwise agreed.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar statutes that apply in your location, you may not, in any form or by any means:

• adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of this Web Site; or
• commercialise any information, goods or services obtained from any part of this Web Site, without our permission.

Trademarks:

Except where otherwise specified, any word or device to which is attached the TM or ® symbol is a trade mark of the Smart Water Fund.

You may only use our trade marks with our prior consent and in addition to any other conditions we may impose. If you use any of our trade marks with our consent to refer to our activities, goods or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:

• in or as a whole or part of your own trade marks;
• in connection with activities, goods or services which are not ours;
• in a manner which may be confusing, misleading or deceptive; or
• in a manner that disparages us or our information, goods or services (including this Web Site).

Linked websites:

This Web Site contains links to Linked Web Sites. Those links are provided for convenience only and may not remain current or be maintained.

You acknowledge that links to those Linked Web Sites do not constitute endorsement, approval or recommendation, by us of, or preference by us for:

• the owners or operators of those Linked Web Sites; or
• any information, graphics, material, goods or services referred to on those Linked Web Sites.

We do not have any control over the content of Linked Web Sites and you acknowledge that we are not advertising or promoting the products and services of any third party by having a link to that third party's Web Site. We do not guarantee the content, quality, accuracy or currency of any information on any Linked Web Sites. By linking this Web Site to any Linked Web Site we are not authorising the reproduction of material on a Linked Web Site.

General:

In these Terms of Use:

• "Associated Entities" means City West Water Limited ABN 70 066 902 467, South East Water Limited ABN 89 066 902 547, Yarra Valley Water Limited ABN 93 066 902 501, Melbourne Water Corporation ABN 81 945 386 953, and the Victorian Department of Sustainability and Environment.
• "Loss" means any loss or damage, however caused (including through negligence) which may be directly or indirectly suffered.
•  "Linked Web Sites" means Web Sites of people other than Smart Water Fund which are hyperlinked from this Web Site.
• "Personal Information" means information or an opinion about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.
• "Smart Water Fund" means Smart Water Fund ABN 48 736 301 624, and includes officers and employees of it, its Associated Entities and any other person contributing to this Web Site.
• "Web Site" means the whole or any part of the web pages located at www.smartwater.com.au (including the layout of this Web Site; individual elements of the Web Site design; underlying code elements of this Web Site; or text, sounds, graphics, animated elements or any other content of this Web Site).
• "We" and "us" refer to Smart Water Fund, and "our" has a similar meaning.

These Terms of Use are governed by the laws in force in Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use or this Web Site.

Nothing contained in these Terms of Use derogates from Smart Water Fund's right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Smart Water Fund with respect to that use.

Your access to this Web Site may be terminated at any time by Smart Water Fund without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by the Smart Water Fund will survive termination, however, you will no longer be authorised to access the Web Site.

These are the current Terms of Use. They replace any other terms of use for the Smart Water Fund Web Site published on this Web Site to date. Smart Water Fund may at any time vary these Terms of Use by publishing the varied Terms of Use on this Web Site. You accept that by doing this, Smart Water Fund has provided you with sufficient notice of the variation.