mySAWater Conditions of Use

Effective: July 2020

1. About mySAWater

SA Water’s “mySAWater” system is provided to enhance customer service and to contribute to the efficiency and effectiveness of interactions between SA Water and its customers. These Terms and Conditions should be read in conjunction with the SA Water Standard Customer Contract which is available on our website.

2. Contacting us

For general enquiries relating to mySAWater please see the Help option in the main menu.

Alternatively, you can contact our Customer Care Centre on 1300 SA WATER (1300 729 283) during business hours and we will endeavour to address any issues or concerns you may have.

Other means of contacting us are available on our website. Online enquiries and customer feedback will be processed within the same parameters as our normal business correspondence timeframes.

3. Agree to continue

By accessing and using mySAWater, you agree to be bound by and to comply with these Conditions, as amended from time to time, which apply to your access and use of mySAWater and to the performance of mySAWater, and the information, services and other material contained in mySAWater or provided by it.

Please read and ensure that you clearly understand and accept these Conditions before you proceed to use mySAWater. Please exit mySAWater if you do not agree to accept and be bound by these Conditions.

4. Definitions

In these Conditions:

“Authorised User” means a person who is authorised by us by means of a unique username and password to access and use mySAWater and is the owner of the property for which they are creating the Online Account;

“Conditions” means these mySAWater Conditions of Use;

“Material” means any document, information, or data obtained from mySAWater;

“Postal Address” means the billing postal address nominated by the owner and/or agent of the owner;

“Privacy Policy” means SA Water Privacy Policy, as amended from time to time. A copy of the Policy can be found on our website.

“Transaction Log” means any Corporate system that is capable of recording a transaction, whether instructional or financial, which is carried out in mySAWater;

“You or your” means the person who accepts the Conditions;

“SA Water, we, our or us” means the South Australian Water Corporation, a statutory body corporate established under the South Australian Water Corporation Act 1994, its officers, employees and contractors.

5. Registering for mySAWater

In registering for mySAWater you:

• agree that the information provided by you during registration for mySAWater is accurate, complete and not misleading and that we may rely on that information until we receive notice of any change from you;
• agree to update any information immediately if the information changes; and
• agree to use mySAWater in a lawful, ethical and responsible manner and to follow any instructions provided by us for the use of mySAWater.

6. Electronic communication

At registration, you must provide a valid email address for delivery of email notifications from mySAWater. You must keep your nominated email address current and active to continue to be registered for mySAWater. You can change your nominated email address through mySAWater.

If there are successive failed delivery attempts of notifications to your nominated email address, we will contact you to advise you that the notifications could not be delivered and seek an alternative email address. If we do not hear from you, we may revert to alternative means of communication and you will no longer be registered for mySAWater with paperless billing (e-billing).

To resume paperless billing (e-billing), you will need to update your email information within mySAWater, or alternatively contact us.

mySAWater provides you with options for managing email notifications including requesting that we cease using electronic mail to communicate with you on certain topics. For some notification types, such as overdue bill notifications, you cannot opt out of receiving email notifications. To cease receiving notifications via email , please contact our Customer Care Centre on 1300 SA WATER (1300 729 283) during business hours.

7. Paperless billing

You acknowledge and agree that by electing to use mySAWater you will no longer continue to receive a water account in paper form. You will receive an email notification advising you that your bill is available.

Any additional information, such as our publications, will be made available via links within the email notification.

Where a bill remains unpaid past the due date, a reminder (final) notice will be sent electronically to the same email address that has been set up to receive the original bill.

Where higher than normal water use is detected, a High Water Use notice will be sent electronically to the same email address that has been set up to receive the bill and reminder emails.

There are options available within mySAWater for you to elect to revert to paper billing, which will also revert any reminder (final) notices and High Water Use notices to paper. If you want to only change back to paper reminder (final) notices and retain electronic billing, this can only be done by contacting SA Water. High Water Use notices will continue to be sent via email along with the bill.

8. Username and password

You will be asked to select a unique username and password, which we will use to identify you when you transact business with us via mySAWater.

You must use your username and password in order to access and use mySAWater and to enable us to identify you.

It is your responsibility to keep your username and password secure and protected and we suggest that you change your password on a regular basis in order to maintain password security.

You must immediately notify us if you become aware of the loss or theft or unauthorised use of your username and password (see Contact Us in these Terms and Conditions for details). We will, as soon as reasonably possible, disable access to mySAWater for that username and issue you with a replacement.

9. Browser versions supported

mySAWater supports the following browsers:

• Google Chrome (Latest stable version)
• Edge (Latest stable version)
• Firefox (Latest stable version)
• Safari (Latest generally available version for devices currently under vendor support)
• Samsung Internet (Latest generally available version for devices currently under vendor support)
• Internet Explorer 11.

10. Privacy

We are committed to maintaining your privacy. Any personal information and statistical information collected through your use of mySAWater will be dealt with in accordance with our Privacy Policy. A copy of the Policy can be found on our website.

You agree to share your personal information with other property owners linked to this customer account. The Postal Address and certain personal details will always be made available to all owners of a property linked to mySAWater.

Statistical information is collected by us in relation to the use of mySAWater, which allows us to improve mySAWater by understanding how our customers use mySAWater.

Certain functions on mySAWater require your browser to be set to allow the creation of cookies on your computer. Cookies are required for security reasons and to allow our systems to uniquely identify you and your computer. We do not use cookies to collect personal information.

11. Valid transaction

You agree that as an Authorised User of mySAWater:

1. you are bound by any electronic communication which includes your username and password without any further inquiry on our part;
2. we are authorised to act upon all instructions given through mySAWater using your username and password;
3. we can rely on without further enquiry on our part that any transaction or instruction received by way of mySAWater is activated by the property owner only and is a valid transaction or instruction which cannot be reversed.

Transactions executed through mySAWater will be recorded by us on a Transaction Log, which will include all instructional and financial interactions received from the Authorised User. In the event of any dispute you, as an Authorised User, hereby agree to accept our Transactional Log as conclusive evidence of instructional and financial interactions made by you with us.

12. Security of data

We will take all reasonable precautions to protect data, from misuse and loss and from unauthorised access, modification or disclosure, during transmission to us or while stored on either our web server or on the web servers of parties engaged by the us to provide all or part of a service, but we will not be liable for any unauthorised access by any means to that data.

Should you suspect or become aware of a breach of security we ask that you immediately notify us (see Contact Us information) and suspend the use of all electronic communications until we are satisfied that appropriate steps have been taken to ensure the security of electronic communications with you.

13. Data backups

We undertake electronic backup of our computer-based systems for our purposes only.

You should implement your own backup and recovery facilities and procedures for data accessed from or transmitted to mySAWater.

14. Sharing of information

Where the authorised use of mySAWater provides permission to you to copy or receive data, use of that data must will be in accordance with our intended purpose only; and

• you are bound by any specific copyright and non-disclosure requirements advised to and agreed by you, as part of the registration process for mySAWater. As the property owner (joint property owner in some cases) you are obliged to this requirement for other property owners who are linked to this account (property);
• must not be re-published or quoted in an attempt to discredit us, our officers, employees, contractors, customers and other stakeholders;
• must not be used for resale for any gain or where gain is expected; and
• must respect the privacy rights of all parties impacted or which may have the potential to be impacted by the use or disclosure of the data as required by our Privacy Policy.

15. Copyright

Copyright in mySAWater including the Materials, online graphics, audio and video on mySAWater is vested in us or our affiliates and their respective copyright.

Apart from any fair dealing for the purposes of private study, research, customer feedback or as otherwise permitted under the Copyright Act 1968 (Commonwealth), no part of mySAWater or the Materials, online graphics or audio and video on mySAWater may be reproduced or re-used for any commercial purpose without our prior written permission. Requests for authorisation should be made by email.

16. Links to and from other websites

mySAWater may have links to and from external websites. These external information sources are provided purely for convenience and are outside our control. We do not:

• endorse or provide tacit or explicit approval of any Material obtained from other websites;
• warrant or assume any responsibility for the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the Material on those websites, and you must make your own assessment regarding any Material obtained from another website.

17. Accuracy of information

The information in mySAWater is provided by us in good faith and with reasonable care. You can ask to have your bill reviewed in accordance with our Enquiries, Complaints and Dispute Resolution Process which is outlined in the SA Water Standard Customer Contract which is available on our website.

18. Revoking access

We reserve the right, in our sole discretion, to immediately suspend or terminate your access to, and use of, or to revoke your authorised use of, mySAWater. This discretion is likely to be exercised in the following circumstances:

1. inappropriate or unreasonable use of mySAWater; or
2. deliberate or reckless disruption to mySAWater; or
3. the use of your Internet access to menace, create a nuisance or harass others or attempt to do so or make any denial-of-service attacks on us or any other users or networks relating to us or attempt to do so; or
4. unlawful attempts to gain access to other applications or networks which we use or operate; or
5. breaches any of the confidentiality or copyright requirements of these Conditions.

19. Viruses

While we are taking all necessary steps to protect our systems, we cannot guarantee that files downloaded from or accessed on mySAWater site are free of malicious software. To protect your computer or a mobile device, we suggest you install your own cyber security software.

One of the detection methods we use is a real-time malware scanning. If a virus detection occurred your session may be interrupted without a notice or a warning. In event of a session dropout, you are advised, re-enter and re-submit the request. We will accept no liability if your transaction fails due to a detection of malicious activities.

20. Availability of mySAWater

We will endeavour to have the general functions of mySAWater available to you at all times.

Specific functions operating within mySAWater may have restrictions on availability due to operational or security constraints.

You acknowledge that mySAWater may malfunction or become temporarily unavailable due to circumstances beyond our reasonable control.

We reserve the right to suspend the availability of mySAWater at any time, in which case we will endeavour to provide reasonable notice of any planned outage. We will endeavour to restore the service as soon as possible after any such outage.

It is your responsibility to ensure that you have other means of undertaking urgent or time sensitive transactions and obtaining information, if for any reason mySAWater is unavailable.

Where mySAWater is unavailable, we accept no liability for:

1. mySAWater being unable to perform either in whole or in part any of the functions which we have claimed to support; or
2. your inability to execute a transaction or instruction.

21. Exclusion of warranties

So far as permitted by law, except for those implied terms or warranties that are imposed by law that are mandatory and cannot be excluded, we give no warranties regarding mySAWater or any Material in mySAWater, whether relating to defects in quality or characteristics, or otherwise.

22. Direct Debit

Our Direct Debit terms and conditions apply to the use of mySAWater. You must comply with those Direct Debit terms and conditions if you use the Direct Debit function in mySAWater. Refer to the mySAWater Direct Debit Terms and Conditions. A copy of the Terms can be found on our website.

23. Freedom of information

SA Water must comply with the Freedom of Information Act 1991 (SA). Refer to our Freedom of Information Statement for more information. A copy of the Statement can be found on our website.

24. Time and place of sending and receiving

All interactions with us which occur through mySAWater, are deemed to have been executed in the State of South Australia. The time stamp of any interaction or transaction is defined at the time of sending from or receipt by our Web Server(s) which are set to South Australian Standard Time.

25. Right to change Conditions

We reserve the right to change these Conditions from time to time, in our sole discretion, and without notice, by posting the varied terms on mySAWater.

26. Governing law and jurisdiction

These Conditions are governed by and will be construed in accordance with the laws of the State of South Australia and are within the exclusive jurisdiction of the Courts of South Australia.