Terms and Conditions

The user acknowledges and agrees to be bound by the following:

1. All users

All users, whether casual or frequent, may apply for registration to this service. An application form may be obtained from Council's website. Council can refuse registration at any time, or can require additional information be provided before a request is processed.

2. Information required by users

When registering, all information provided to Council must be complete and correct to the best knowledge of the user as the supply of incorrect information may result in unpaid accounts or failure to register applications which may incur additional fees and charges. The failure to complete all mandatory fields may result in the delays of the application being processed.

By registering with eServices the user consents to the collection and use of personal information in accordance with Council's privacy policy - a copy of which is available on Council's website. Any information provided to Council must not contain any viruses or other computer programming routines that may damage or adversely interfere with data or personal information.

3. Making payments

The user will ensure that sufficient credit is available and in the event of a "declined" credit card payment, it is the user's responsibility to pay any additional fees and charges levied by either a nominated financial institution or Council and the user will remain responsible to pay the account to Council.

Processing of credit card transactions is subject to the terms and conditions set out by the issuer of the credit card. All payment transactions will have a reference number provided however it is the user's responsibility to take note of the reference number for use in any correspondence with Council.

If Council finds a transaction is incorrect, unauthorised or fraudulent, it may reverse the payment - the transaction will remain payable to Council.

Payment transactions will be processed on the day the transaction is submitted for payment, unless the transaction is submitted on a weekend or non-working weekday where payment will be processed the next working weekday. All transactions will be processed without delay, however Council expressly disclaims any and all liability for processing delays, which may occur in any circumstance.

Payment is not accepted (not deemed made) until the funds have cleared.

4. Security and access

The user acknowledges that access to the Internet is dependent on numerous factors, technologies and systems, and Council will not be liable or responsible for the user's inability to access the Internet.

Council may without notice suspend access to eServices for any reason.

Notwithstanding efforts made by Council to ensure that the provision of this service is secure, the user acknowledges that all electronic and telephonic data transfers are potentially susceptible to interception by others. Council cannot warrant that data transfers utilising this service, or electronic mail transmitted to and from us, will not be monitored or read by others.

5. Application and transaction processing

Applications for certificates, and payment transactions will be processed as soon as possible unless the transaction is submitted on a weekend or non-working weekday. Council disclaims liability for processing delays, which may occur in any circumstance, whether beyond reasonable control, or otherwise.

The successful lodgement of an application does not represent Council's permission or approval of that application. The applicant must receive formal advice that the subject application has been approved before any business or works can commence.

6. Warranties

Council denies all liability arising to any user of this service. Council expressly disclaims all conditions and warranties, express or implied, in respect of the provision of this Service to the user of this Service, including, but not limited to, any warranty that the Service will operate without errors or that it will be operational and available at all times. If any condition or warranty is implied into these terms pursuant to any legislation and the legislation avoids or prohibits provisions in a contract, excluding or modifying the application of, or exercise of, or any liability under such conditions or warranty, the conditions or warranty will be deemed to be included in these Terms & Conditions, provided that Council's liability for breach shall, if the legislation so permits, be limited in the sole discretion of Council to (a) the re-supply of the services, or (b) the cost of re-supply of the services, in respect of which the breach occurred, and otherwise will be limited to the maximum extent permitted by law.

Council will not at any time, in any circumstances, be liable for any loss or damage whatsoever including but not limited to any loss of data, savings, business, profit, or any other direct, indirect, special or consequential loss or damage, in each case whether arising from negligence, breach of contract, breach of statutory duty or otherwise which is in any way connected with or arises out of use of this service.

Without limiting Council's rights, Council and its employees, contractors and agents shall not be liable for any failure to perform their obligations if such failure arises from circumstances reasonably beyond their control, including, but not limited to, strikes, lockouts, riots, acts of law, epidemics, earthquakes, fire, floods, government action, communication line failures, power failures, interruptions or shortages, computer/processing failures.

7. Termination

These terms and conditions remain in effect until terminated. Termination of use will not relieve the user from responsibility to pay outstanding fees or charges or other liabilities incurred prior to the date of termination.

8. General terms

Assignment: The user is not permitted, without prior written consent from Council to assign or transfer any of rights, duties or obligations under these Terms.

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

Governing Law: These Terms shall be governed by and construed in accordance with the laws of Victoria.

Entire Agreement: These Terms and Conditions together with any Guidelines, Advice Sheets and/or Policy published on Council’s website from time to time constitute the entire agreement and understanding between the user and Council and supersede any and all prior communications, representations, agreements or understandings between the two parties with respect to the subject matter of these terms.

Changes to Terms: Council may change these terms at any time and will notify the user of these changes by making a Notice available. By using this service after the effective date of change, the user confirms agreement to the change. After being notified of a change, the user may terminate use of this service at any time by contacting Council's Service Centre by mail PO Box 58 Malvern Prahran VIC 3144, phone 03 8290 1333, fax 03 8521 2255 or email.

 

 

Submission of this application for registration and any subsequent permit application constitutes the agreement of the user to these Terms and Conditions and any Guidelines, Advice Sheets and/or Policy published by Council from time to time relating to permits. Guidelines, Advice Sheets and Policy are available on Council’s website at www.stonnington.vic.gov.au








© Technology One Limited 2019