eServices Terms and Conditions

Access to Yarra City Council's 'Yarra eServices' (Service) is restricted to owners of property within the City of Yarra (and their nominated agents) and organisations or individuals who conduct business with Yarra City Council.

This document contains the terms and conditions which apply to the use of the Service.

By using the Service, you acknowledge that you have read and understood these terms and conditions and agree to be bound by them.

1. Terminology

In these terms and conditions:

1.1 the expressions 'we', 'us' and 'our' are a reference to Yarra City Council, while the expressions 'you' and 'your' are a reference to you; and

1.2 the word 'information' includes (but is not limited to) data, drawings, images, documents and computer files.

2. Registration

2.1 In order to access the Service, you must be eligible as:

(a) an owner of property within the City of Yarra (or their authorised agent); or

(b) an organisation or individual that conducts business with us e.g. Land Information Certificate requests; and become a registered user.

3. Payments and fees

3.1 When submitting your application you must pay the fee for that application. Our fees may change from time to time and will be as set out on our web site.

3.2 Once we assess your application we may determine that a fee applies (or where you have initially made a payment with your application, we may also determine that an additional fee applies). Any such fee will be of a kind described on our web site and you must pay it before we will issue the permit or certificate you have applied for.

3.3 You warrant to us that you are fully authorised to use the credit card details for the purpose of making payments while using the Service.

3.4 It is your responsibility to ensure that sufficient credit is available on your credit card to cover any payments made by you when using the Service.

3.5 Processing of credit card transactions is subject to terms and conditions set by the issuer of the credit card.

3.6 Any accounts you have with us will remain unpaid when a credit card payment initiated by you is declined by your nominated financial institution. In the event of a “declined” credit card payment, you will be responsible for any additional fees and charges levied by either your nominated financial institution or us and you will remain responsible to pay any accounts you have with us.

3.7 If we find a credit card transaction is incorrect, unauthorised or fraudulent, we can reverse the payment in our system and your account(s) will remain unpaid.

3.8 Payment transactions will usually be processed to your nominated financial institution on or as soon as possible after the day the transaction is submitted for payment via the Service, unless the transaction is submitted on the weekend or a non-working weekday. Transactions submitted on a weekend or non-working weekday will usually be processed on the next working weekday. We will endeavour to process all transactions without delay, but expressly disclaim any and all liability for any processing delays, or the consequences of any processing delays which may occur in any circumstance, whether beyond our reasonable control, or otherwise.

3.9 Upon making a payment via the Service, you will be provided with a reference number. It is your responsibility to take note of the reference number for use in any correspondence with us.

3.10 Successful payment transactions will be reflected in our records once we have received confirmation from our financial institution.

3.11 The Service does not store any credit card details within Yarra City Council computer systems. The credit card information entered by you when making payments via the Service is passed to our payment bureau (SecurePay or any other payment bureau appointed by us from time to time) using 128bit or higher encrypted SSL (secure socket layer) coding.

4. Information provided by you

4.1 You must ensure that the information you provide to us does not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, adversely interfere with, surreptitiously intercept or expropriate any system, data or personal information.

4.2 You agree to ensure that the information you provide to us while using the Service is correct.

4.3 If you provide incorrect information, it may result in unpaid accounts or failure to register applications. In that event, you will be responsible for any additional fees and charges levied by either your credit card issuer or us.

4.4 If you believe you have entered incorrect information when using the Service, contact info@yarracity.vic.gov.au with the details of what was incorrectly entered and the type of application/payment you were attempting to make.

4.5 Ownership of intellectual property rights contained in the information you provide to us does not pass to us simply because you submit the information to us. However, all information, except for credit card details, provided by you may (at our absolute discretion) be kept by us and used and disclosed by us, including (without limitation) to provide the services you have requested that we provide and to enable processing of accounts and applications. Any personal information we obtain through your use of the Services will only be used and disclosed by us in accordance with our Privacy Policy, which is available on our web site.

5. Access to the Service

5.1 The Service relies on the Internet to receive applications and payments and to deliver information via email. Access to the Internet by users of the Service is dependent on numerous factors, technologies and systems, many of which are beyond our authority and control and we will not be liable or responsible for your inability to access the Internet or to communicate with us via the Internet.

5.2 We do not warrant that the Service will be available for use at all times or at any particular time and may, without notice, suspend access to the Service for any reason.

5.3 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

5.4 We cannot, and do not, warrant that electronic mail transmitted to and from us will not be monitored or read by others.

6. Application and Transaction Processing

6.1 Applications for permits and certificates, waste management requests and payment transactions will be processed as soon as practicably possible.

6.2 You consent to receiving any documents, such as certificates, in an Adobe PDF or similar format, as an attachment to an email. It will be your responsibility to have the relevant software installed to open any such attachments.

6.3 You acknowledge that submitting an application for a permit or certificate and paying an application fee does not:

(a) guarantee that you will receive that permit or certificate; or

(b) entitle you or other people to perform the works or acts for which the permit or certificate is sought.

6.4 You (or other people) must not perform the works or acts for which the permit or certificate is sought until after the permit or consent is granted by us

7. Disclaimer of Liability

7.1 Subject to clauses 7.3 and 7.4, we do not accept responsibility, and will not be liable, for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with:

(a) your use of the Service; or

(b) the failure by us or our employees, contractors and agents to issue a permit or certificate applied for via the Service within a particular time or at all.

7.2 Without limiting clause 7.1, we shall not be liable for any failure by us to perform our obligations if such failure is due to circumstances beyond our reasonable control. These circumstances include, but are not limited to, strikes, lockouts, riots, acts of law, epidemics, earthquakes, fire, floods, government action or inaction, communication line failures, power failures, interruptions or shortages, and computer or processing systems failures.

7.3 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation imposes a guarantee, and that legislation prohibits us from excluding, restricting or modifying the application of, or our liability under, any such guarantee, that guarantee will be deemed included but our liability will be limited for a breach of that guarantee to, at our option, one of the following:

(a) if the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; or

(b) if the breach relates to services:

(i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.

7.4 This disclaimer set out in these terms and conditions does not attempt or purport to exclude, restrict or modify liability arising under statute if, and to the extent, such liability cannot be lawfully excluded, restricted or modified.

8. Termination of Access

8.1 We may terminate your access to the Service at any time without notice.

8.2 Termination of your access to the Service shall not relieve you of any responsibility to pay outstanding fees or charges or other liabilities incurred prior to the date of termination. After termination, you must make alternative payment arrangements for unpaid accounts.

9. General Terms

9.1 Assignment: You are not permitted, without our prior written consent, to assign or transfer any of your rights, duties or obligations under these terms and conditions.

9.2 Waiver: We shall not be deemed to have waived any of our rights under these terms and conditions unless such waiver is in writing and signed by one of our authorised officers. No delay or omission on our part in exercising any rights shall operate as a waiver of such rights.

9.3 Governing Law: These terms and conditions are governed by the laws in force in Victoria, Australia. You agree to 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 and conditions.

9.4 Entire Agreement: These terms and conditions constitute the entire agreement between you and us relating to your use of the Service, superseding any prior agreements between you and us.

9.5 Amendment to terms and conditions: We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on our web site. Your continued use of the Service following such notification will represent an agreement by you to be bound by the terms and conditions as amended. The current version and date of these terms and conditions appears at the bottom left hand corner of the home and login pages.

9.6 Severability: If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.