Terms and Conditions for Online Services
Brimbank City Council (Council) provides its customers with the ability to process certain transactions online, through Council’s website. All online services are subject to the following terms and conditions.
1. Use of online services
1.1. The information provided to you through application via Council’s website, is solely for your personal and/or internal business needs. The use of this information is restricted in that you may not remove any proprietary rights notices, change the information or make it available to third parties.
1.2. If you are using a credit card to process a transaction, you are declaring that the credit card is issued under your name or that you are authorised to incur charges on the credit card and you or the person to whom the card is issued will pay to the issuer all charges incurred using the Online Services.
2. Privacy statement
2.1. In using Council’s online services you are authorising Council to collect personal information about you and the transactions that you process through Council’s online services.
2.2. This information will be treated in accordance with relevant Council policies relating to collection, use, and disclosure of information.
3. Collecting your information
3.1. By using Council’s online services, you agree to provide all relevant information, documents, and attachments, through electronic means, in the format and to the standards identified for each transaction.
3.2. You also agree and understand that this information will be retained in electronic format. If Council is required to provide information to you through online services, you agree that the information can be provided through electronic means.
4. Website security
4.1. Council’s online services are provided through a secure website (using SSL (secure socket layer) encryption). Council provides no guarantee that the website or any of council’s online services are free from vulnerabilities. Your use of our online services is at your own risk.
4.2 You are agreeing and acknowledging that any information you send to, or through the website (including credit card information) may be read or intercepted by others, even though the website is classified as secure.
4.3. Council shall have no liability for the interception or ‘hacking’ of data through the website by unauthorised third parties.
5. Accuracy of transaction information
5.1. When you have completed a transaction using online services, you will be presented with a confirmation screen verifying the transaction details you wish to process.
5.2. It is the customer’s responsibility to verify that all transaction details are correct. Printing of the transaction confirmation for future reference and for filing is recommended.
5.3. Council shall have no liability for transactions, which are incorrect due to inaccurate data entry by the customer when using online services, or for loss of data or information caused by third parties or circumstances outside Council’s control.
6. Refund
6.1. Refunds will only be made by cheque and supporting documentation showing proof of original payment must be provided to enable refund authorisation.
6.2. Refunds will not be provided where services have been completed or certificates or permits have been issued.
6.3. Refunds will not be processed that will place accounts paid into arrears.
7. Limitation of liability
7.1. Except as expressly provided by law, in no event will Council be liable to the customer for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even where Council has been advised of the possibility of such damages occurring. For the purposes of this clause reference to indirect, consequential or incidental loss or damages shall be taken to include:
(a) loss of profit or anticipated profit
(b) loss of business or business interruption
(c) loss of use of any plant or facility
(d) loss of opportunity
(e) loss of goodwill
(f) loss of contract or
(g) loss of use of money.7.2. If, notwithstanding the foregoing, Council is found to be liable to the customer for any damage or loss which arises as a result of the use of the website, Brimbank City Council's liability shall not exceed the dollar amount of the transaction which formed the basis of the damage.
7.3. The customer agrees that any dispute in relation to your use of the web site shall be governed by the laws of the state of Victoria, and shall be determined in that jurisdiction.
8. Right to suspend, alter or cancel service
8.1. Council has the right at any time without prior notice or any liability to the customer, to cancel or suspend any or all of online services and/or to substitute alternative services, which may or may not be interactive or transactional in nature.
9. Specific service terms and conditions
9.1. The customer agrees that any online services made available by Council may be subject to specific additional terms and conditions, and agree to review and comply with any such additional terms and conditions.
9.2. Access and use of any online service shall be deemed to constitute acceptance of any such additional terms and conditions applicable to such service.