Customer and Business Portal Terms and Conditions

We want to make your life easier, so you now have the option to swap envelopes for emails.

Direct Debit Request Service Agreement

This is your Direct Debit Service Agreement with Lower Murray Urban and Rural Water Corporation (the Debit User). It explains what your obligations are when undertaking a Direct Debit arrangement with us. It also details what our obligations are to you as your Direct Debit provider.

Please keep this agreement for future reference. It forms part of the terms and conditions of your Direct Debit Request (DDR) and should be read in conjunction with your DDR authorisation.

Definitions 

account means the account held at your financial institution from which we are authorised to arrange for funds to be debited.

agreement means this Direct Debit Request Service Agreement between you and us.

banking day means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.

debit day means the day that payment by you to us is due.

debit payment means a particular transaction where a debit is made.

Direct Debit Request means the written, verbal or online request between us and you to debit funds from your account.

us or we means Lower Murray Urban and Rural Water Corporation, (the Debit User) you have authorised by requesting a Direct Debit Request.

you means the customer who has authorised the Direct Debit Request.

your financial institution means the financial institution at which you hold the account is maintained you have authorised us to debit.

  1. Debiting your account 

1.1 By submitting a Direct Debit Request, you have authorised us to arrange for funds to be debited from your account. The Direct Debit Request and this agreement set out the terms of the arrangement between us and you.

1.2 We will only arrange for funds to be debited from your account as authorised in the Direct Debit Request. or We will only arrange for funds to be debited from your account if we have sent to the email / address nominated by you in the Direct Debit Request, a billing advice which specifies the amount payable by you to us and when it is due.

1.3 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

  1. Amendments by us

2.1 We may vary any details of this agreement or a Direct Debit Request at any time by giving you at least fourteen (14) days written notice sent to the preferred email / address you have given us in the Direct Debit Request.

  1. How to cancel or change direct debits

You can:

(a)cancel or suspend the Direct Debit Request; or

(b)change, stop or defer an individual debit payment at any time by giving at least 10 business days’ notice.

To do so, contact your LMW on:

by telephoning us on 1800 808 830 during business hours. You can also contact your own financial institution, which must act promptly on your instructions.

by My Account at www.my.lmw.vic.gov.au

Mildura: 741-759 Fourteenth Street, Mildura, Victoria 3500 Swan Hill: 741-759 Fourteenth Street, Mildura, Victoria 3500 Kerang: 56 Wellington Street, Kerang, Victoria 3579

  1. Your obligations

4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the Direct Debit Request.

4.2 If there are insufficient clear funds in your account to meet a debit payment:

(a) you may be charged a fee and/or interest by your financial institution;

(b) we may charge you reasonable costs incurred by us on account of there being insufficient funds; and

(c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.

4.3 You should check your account statement to verify that the amounts debited from your account are correct.

  1. Dispute

5.1 If you believe that there has been an error in debiting your account, you should notify us directly on 1800 808 830 or by email at contactus@lmw.vic.gov.au . Alternatively you can contact your financial institution for assistance.

5.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging within a reasonable period for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.

5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

  1. Accounts

You should check:

(a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.

(b) your account details which you have provided to us are correct by checking them against a recent account statement; and

(c) with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.

  1. Confidentiality

7.1 We will keep any information (including your account details) in your Direct Debit Request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.

7.2 We will only disclose information that we have about you:

(a) to the extent specifically required by law; or

(b) for the purposes of this agreement (including disclosing information in connection with any query or claim).

  1. Contacting each other

8.1 If you wish to notify us in writing about anything relating to this agreement, you should write to:

Mail: PO Box 1438, MILDURA VIC 3502.

Email: contactus@lmw.vic.gov.au

8.2 We will notify you by sending a notice to the preferred address or email you have given us in the Direct Debit Request. Any notice will be deemed to have been received on the second banking day after sending.

 

Agreement

By registering for eBilling you agree to be bound by these Terms.

The following words are defined as follows:

  • eBilling means bills that have been issued electronically via email instead of via mail (paper bill).  This also extends to all other forms of communications, including but not limited to reminders, finals, concession letters, overpayment letters and other letters which will be delivered electronically to your nominated email address.
  • Lower Muray Water, LMW, we and us means Lower Murray Urban and Rural Water Corporation ABN 18 475 808 826.
  • Terms means these terms and conditions.

eBilling service

The eBilling terms govern the delivery of Lower Murray Water (LMW) bills to you via email.

The eBilling terms are separate to other LMW terms, our website terms of use and the Customer Charter (other LMW terms). They don’t vary, waive or replace any of those terms in any way.

In the event of any inconsistency between the eBilling terms and other LMW terms, these terms prevail but only to the extent of any inconsistency in relation to your receipt or otherwise of a bill by email.

We will send you a summary of your bill by email. You can access and download a complete PDF version of your bill via a link in the email sent to you.  This will include all other forms of communications, including but not limited to reminders, finals, concession letters, overpayment letters which will now be delivered electronically to your nominated email address.

Any bills issued to you in the past will reflect your chosen delivery method at that point in time.

This agreement will end in the event of:

  • Tenancy vacating of the property.
  • Property sale to a new owner.
  • Notification from the customer.
  • If delivery attempt via email has failed, LMW may terminate this agreement.

You accept the eBilling terms

By signing up for eBilling, you are agreeing to:

  • Receiving all LMW bills via the email address provided to us (either by yourself or from a landlord, estate agent, conveyancer, or solicitor) means you forgo receiving paper bills.
  • The collection of metadata confirming that you have successfully received and/or read the bill we have sent you via email.  You are consenting to this data collection by opting in for eBilling.

Signing up for eBilling online will automatically mean you receive email bills for any properties that are connected to LMW and are in your name (additional properties).

You are responsible for registering each property individually to receive an e-bill for that property.

We are committed to making services accessible to all customers.  If you require any assistance, please contact our customer service team .

LMW’s responsibilities

We will try our best to send your bill to the email address you have provided. However, there may be events or circumstances beyond our control which means we cannot deliver eBilling.

In the event your eBill bounces back (Return to Sender), LMW may contact you to confirm you email delivery address or revert you back to postal bill delivery if we cannot reach you. We will make our best endeavours notify you if this occurs.

If we cannot deliver a bill by email, we may:

  • Send a paper bill to the mailing address on your account
  • Contact you by phone to ask you to supply an alternative email address.

We will email bills in accordance with LMW’s normal billing cycle as per agreed meter read cycle.

Please note that eBills will serve as legal proof in case of any billing disputes, the same way that paper bills did.

Your responsibilities

You agree it is your responsibility to:

  • Notify us immediately if your communication details change, this includes email address, postal address and phone numbers.
  • Regularly check your email address inbox for your bill; contact us if you do not receive a bill during the time you would ordinarily receive a bill in the normal billing cycle (you may first wish to check the junk email folder of your inbox to see whether the bill has been delivered to that folder). You can contact us by: Online/Portal (when available), Phone, Email or Postal.
  • Ensure there is sufficient space available in your email address inbox to receive your bills.
  • Keep your email account secure to protect the privacy of the information contained in your bill.
  • Pay your bill by the due date specified on the bill, regardless of whether you receive, read or access the bill via email.
  • If you had eBills on a different account or property and you have moved into another property within LMW’s service region. You as a customer must re-register.

Cancellation or non-application of eBilling terms

LMW may cancel, amend or replace the eBilling terms from time to time. If we do, we will give you notice of the change and the date from which the change applies, and the eBilling terms will be deemed to be amended to reflect that change. We will notify you of the change via your email address or mailing address.

The eBilling terms will cease to apply if:

  • they are cancelled by LMW
  • you opt-out of eBilling

Data Collection

Lower Murray Water (LMW) will collect your data as for registration for eBilling and email communications service, when becomes available.

MW is committed to protecting personal information provided by you in accordance with the principles of Victorian privacy legislation. The information you provide will be used for the purpose of providing water and sewer services and may also be used for the purposes of sending bills and communications via email about your accounts and services. The personal information being collected will generally be made available to our employees/contractors/advisors/agents/vendors to allow services to be provided to you. If all the requested information is not provided, LMW will be unable to process your request/application and deliver bills/communications by email. You may request access to, or correction of, documents that contain your personal information, which is in our possession. For information on how to make a request for access or correction, please contact us via privacy@lmw.vic.gov.au.

In some cases, requests for access or correction will be handled in accordance with the Freedom of Information Act 1982 (Vic).

LMW requires this data to complete your registration to:

  • Verification of your identity
  • To update or amend your contact details associated with your LMW account
  • To send your invoices and correspondence to the provided contact details, when service is available
  • To gain you and/or an authorised persons consent to register for this service
  • To contact you and authorised people on your account regarding inquiries, processing orders, or providing updates on services.

LMW will use this information to:

  • Register your account for eBills and email communication, when these services are available.
  • Send you your bills and correspondence by email, SMS or post.
  • Update your contact details in our records.
  • Conduct internal analysis, and targeted communication about the management of your account and/or water services.

Miscellaneous

Nothing in these eBilling terms excludes, limits or modifies any:

  • Rights of recovery or to compensation you may have under the Australian Consumer Law.
  • Other rights of recovery or to compensation you may have under law, including under other LMW terms
  • Other conditions, warranties or guarantees (including the application of the Australian Consumer Law)
  • To the extent, we are prohibited by law from excluding, limiting or modifying them.

When we use eBilling we cannot and do not warrant or represent that the communication will be free from computer viruses or any other defect or error which may affect your software or systems.

We respect your right to privacy. We collect, use and disclose personal information as set out in our Privacy Charter, click here for our Privacy Charter.

1. General terms and conditions for all users

1.1 My Account (Customer Portal) is owned by Lower Murray Water (“LMW”), the payment gateway is managed by SecurePay. 1.2 Your access to this website is subject to these terms and conditions. By accessing, viewing or otherwise using this website, you agree to be subject to these Terms and Conditions 1.3 LMW may, with 14 business days prior notice, vary or modify these Terms and Conditions. Any subsequent access to or use by you of the website will constitute an acceptance of those modifications. 1.4 You agree that where LMW provide you with a document, you consent to the provision of that document electronically through the links on this website. We suggest that you print a copy of the document, or file it electronically, for future reference.

Important disclaimers

1.5 LMW do not accept any liability for any loss or damage, however caused, as a result of any person relying on any information on the website or being unable to access this website. This disclaimer is subject to: a) in Australia to, any applicable contrary provisions of the Australian Securities and Investments Commission Act and Trade Practices Act. 1.6 Should you leave this site via a link contained within this website, and view content that is not provided by LMW: a) you do so at your own risk. The content to which you link will not have been produced, checked for accuracy, or otherwise reviewed by LMW. LMW is not is responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such site, whether actual, alleged, consequential or otherwise. LMW makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party; b) links to other websites are provided for convenience only and do not represent any endorsement by LMW of the products or services offered by the website owner.

2. Copyright

2.1 Copyright in the information contained on this website is owned by LMW. You may use this information for your own personal reference only. You may reproduce this information in hard copy solely for your personal use. The information may not otherwise be reproduced and must not be distributed or transmitted to any other person or incorporated in any way into another document or other material.

Introduction

The (My Account) is operated Lower Murray Urban and Rural Water Corporation ABN 18 475 808 826. Your access and use of the Portal is subject these terms and conditions. Your use of, and/or access to Portal constitutes your agreement to these terms.

Your Identity

In order to use the Portal, you must apply to register an account and agree to these terms. Registration is free but non-transferable. In return for free registration, you agree to allow us to collect and use certain personal information about you

Before you register, please be aware that:

  • the personal details we collect from you contain unique identifiers that can be used to ascertain your identity;
  • we will collect, use, handle and store your personal information in accordance with our privacy policy;
  • we may not be able to provide the services, and may cancel your account, if you withdraw your consent in relation to our collection and use of your personal information.

By clicking on “Yes, I have read and accept the terms and conditions”

  • you consent to us providing your personal information to a third party for lawful purposes;
  • you represent and warrant to us that the personal information you provide to us is true and correct, and pertains to you personally;
  • you consent to us using your personal information in an aggregated and de-identified form for research and analysis purposes (in all such circumstances, we will ensure that individuals remain anonymous);
  • you consent to us sending you emails from time to time for administrative purposes and other purposes set out in our privacy policy; and
  • you represent to us that your consent is freely given by you.

General disclaimer

We are not liable to you or anyone else for any loss in connection with use of this portal or a linked website.

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.

Content disclaimer

Special statutory requirements apply in circumstances where you are a ‘consumer’ as defined in the Australian Consumer Law, meaning that you are acquiring goods or services priced at less than $40,000 or, alternatively, you are requiring goods or services priced at more than $40,000 but which are of a kind ordinarily acquired for personal, domestic or household use or consumption. These transactions are referred to as “consumer sales”.

Goods and services which are the subject of consumer sales come with guarantees that cannot be excluded under the Australian Consumer Law.

The following guarantees (consumer guarantees) apply to the supply of goods under a consumer sale:

  • the services will be provided with due care and skill;
  • the services will be fit for any specified purpose;
  • the services will be provided within a reasonable time (when no time is set);
  • we will use an acceptable level of skill or technical knowledge when providing the services; or
  • we will take all necessary care to avoid loss or damage when providing the services.

In the case of a consumer contract for services, your remedies for a breach of a consumer guarantee are as follows:

  • in the case of a major failure, you can cancel the services and obtain a refund, or alternatively keep the contract and claim compensation for loss of value; and
  • in the case of a minor problem which can be fixed, we will (if you provide us with the opportunity) fix the problem within a reasonable time free of charge.”

You agree that in relation to the content displayed on this site (content), Lower Murray Water does not, nor does any other party who provides content to this site, make any warranty as to the accuracy, completeness or currency of the content. As a user of this site, you should make your own enquiries before entering into any transaction on the basis of or in reliance upon the content.

To the extent permitted by law (including the Australian Consumer Law), Lower Murray Water and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the content whether or not this is caused by a negligent act or omission.

To the extent that Lower Murray Water is prohibited at law from excluding its liability, Lower Murray Water and each party providing content limits its liability to the extent permitted by law, to the resupply of the content. Lower Murray Water does not accept responsibility for any liability in respect of access to other content through the use of this site.

Browser version disclaimer

The minimum browser requirements for the Portal are:

  • Google
  • Microsoft Edge
  • Firefox
  • Safari, with limitations

You should use the most recent browser version for maximum compatibility. If you are running any other browser or browser versions, you may encounter problems with certain sections of the Portal.

Copyright

The Portal is Lower Murray Water’s property and copyright in the material on the Portal is owned or licensed by us. You are provided with access to it only for your personal and non-commercial use, unless otherwise agreed with us.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Commonwealth of Australia) 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 portal; or
  • commercialise any information, products or services obtained from any part of this portal, without our prior written permission.

Trade Marks 

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

You may only use our trade marks with our prior written 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, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks:

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

Third party sites 

This site contains links to third party sites. Lower Murray Water is not responsible for the condition or the content of those sites. The link (s) are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement of the site (s) or the products or services provided there. You access those sites and use their products and services solely at your own risk. Lower Murray Water does not represent that the content or services available from third party sites are appropriate or available for use in all parts of Australia. If you access other content or services from third party sites, Lower Murray Water is not responsible for your compliance with local laws or other applicable laws.

Indemnity 

You must indemnify and hold harmless Lower Murray Water or its employees, contractors and agents and keep them indemnified, against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from or in connection with:

  • any breach by you of these terms (including a breach by you of a representation or warranty); or
  • reliance by you on any information obtained through Portal, your access and/or use of Portal

Security 

You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. Lower Murray Water is not liable for any loss of confidentiality or for any damages arising from your failure to comply with these security measures. Lower Murray Water requests that you promptly report to it any unauthorised use of your password. It is your responsibility to ensure that your email is valid and that Lower Murray Water is added to your safe senders or contacts list.

You will not share your password or secret answer, let anyone else access your account, or do anything else that might jeopardize the security of your account.

Privacy 

Lower Murray Water is committed to adopting the highest standards to safeguard our customers’ personal information. Refer to our privacy policy which sets out how and why we collect, use and disclose your personal information.

Access 

You acknowledge that the internet is an unreliable medium. We do not guarantee that the Portal will be accessible at all times and fault-free.

Applicable law 

The site (excluding any linked third party sites) is controlled by Lower Murray Water. By accessing this site, you accept that any disputes about this site or the content are to be determined by the courts having jurisdiction in Victoria in accordance with the laws in force in Victoria (subject to the application of any principle of conflict of laws inconsistent with this requirement). This site may be accessed throughout Australia and overseas. Lower Murray Water makes no representation that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so on your own responsibility and are responsible for ensuring compliance with all laws in the place where you are located.

Confidentiality 

Lower Murray Water does not guarantee that your use of this site will be confidential. Lower Murray Water is not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of this site. Any information that you disclose on this site:

  • may be used by Lower Murray Water, its agents and contractors in relation to the provision of services accessible on this site, including the marketing of those services.
  • may not be secure during its transmission over the internet. Third parties may be able to intercept transmissions which make when using this site.

Updates to the terms and conditions 

Lower Murray Water may amend or update these terms from time to time without notice to you. Such additional terms and conditions are incorporated by reference into these terms and conditions and you agree that you will comply with any additional terms and conditions that will be made available to you. You may deregister your account at any time if you do not agree to these terms and conditions or any amendments or updates we may make from time to time.

Warning: Permission to use the Portal is conditional on you, the customer, agreeing to the terms and conditions set out above.

By clicking “Yes, I have read and accept the terms and conditions”, you will be deemed to be legally bound by these terms. If you do not accept the terms and conditions, do not click “Yes, I have read and accept the terms and conditions”.

We reserve the right to cancel your account if you breach these terms and conditions.