Terms and Conditions for Online Services

Revenue

6/03/2018 | Rev A

Page 1 of 3

Terms and Conditions for

Online Services

18/51111

Brimbank City Council (Council) provides its customers with the ability to process certain

transactions online, through Council’s website. All these online services are subject to the

following terms and conditions.

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.

2.1.

In using Council’s online services you are authorising Council to collect 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.

3.1.

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.

4.1.

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.

Terms and Conditions for Online Services

Revenue

6/03/2018 | Rev A

Page 2 of 3

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.

5.1.

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.

6.1.

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.

7.1.

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.

(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.

8.1.

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.

Terms and Conditions for Online Services

Revenue

6/03/2018 | Rev A

Page 3 of 3

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.

A 7/02/2018

Updated into New Format

7/02/2019