Terms of Use

This website which is located at www.westvictnp.com.au and includes the Contact Us Form located at www.westvictnp.com.au/contact (Website) and the interactive map located at https://caportal.com.au/jbsg/ausnet/map.

is provided to you by AusNet Services Ltd ABN 45 603 317 559 (AusNet Services) in relation to the Western Victoria Transmission Network Project (Project). Your access to and use of the Website and the information provided on it is subject to the following Terms of Use.

By accessing and using the Website, you agree to these Terms of Use which govern how you:

a. access and use the Website, including any of the functionality provided;

b. browse or interact with any of the content on the Website; and

c. communicate with AusNet Services through the Website.

AusNet Services may at any time vary the terms and conditions by publishing the varied Terms of Use on the Website. AusNet Services is under no obligation to specifically notify you of any variation, and you acknowledge that your use of the Website after any variation constitutes your acceptance of the revised Terms of Use.

1. Disclaimer

1.1. The Website is owned and operated by AusNet Services or on its behalf.

1.2. The Website provides information of a general nature about the Project to the Project’s stakeholders and the public generally.

1.3. Whilst AusNet Services has taken reasonable steps to ensure the accuracy of the material on the Website, AusNet Services does not warrant that the information is correct, complete or adequate and does not warrant that the information will be useful for any particular purpose.

1.4. AusNet Services will use reasonable endeavours to provide you with reliable, secure and stable access to the Website but cannot guarantee that the access will be continuous, fault-free, secure or accessible at all times.

2. Security

2.1. Whilst AusNet Services will use reasonable endeavours to provide you with secure access to the Website, AusNet Services cannot guarantee the security of the Website at all times.

2.2. You are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Website.

2.3. AusNet Services strongly recommends you install and keep updated a personal firewall and/or the appropriate anti-virus software on your device.

2.4. AusNet Services accepts no responsibility for any indirect or consequential loss due to technical or other issues with any communications network, internet or technology used to access the Website.

3. Privacy

3.1. In providing the Website, AusNet Services may collect your Personal Information and you agree that AusNet Services may collect, store, use and disclose your Personal Information in accordance with the AusNet Services Privacy Policy located here and the collection statement for the Project located here.

3.2. You must not provide another person’s Personal Information via the Website unless you have their consent to do so and have made them aware of the AusNet Services Privacy Policy and collection statement.

4. Use of Cookies and other technologies

4.1. AusNet Services uses Google Analytics, Clicky.com, Cookies and other similar technologies to collect and analyse the behaviour of visitors to the Website. AusNet Services uses these tools in order to enhance and personalise users’ experience on the Website.

4.2. A Cookie is a small data file containing information about how you interact with the Website and is stored on the device that you use to access the Website. The cookie allows the website to “remember” your actions or preferences over time.

4.3. We use both first-party and third-party Cookies on the Website. First-party Cookies are Cookies issued from the Website that are generally used to identify project content and location preferences or render basic site functionality. Third-party Cookies belong to and are managed by other parties/service providers. These Cookies may be required to render certain forms.

4.4. You can choose how Cookies are used on your device in your browser preferences or settings. However, if you choose not to allow Cookies, some functions or enhancements on the Website may not be available to you. You may also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally.

4.5. AusNet Services also uses Google Analytics to analyse user traffic and interactions with the Website. Google Analytics has its own privacy policy located here and you can opt-out of its functions via its opt-out page located here.

5. Prohibited uses

5.1. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website.

5.2. Additionally, you agree not to:

a. access, monitor or copy any content or information of the website using any robot, spider, scraper or other automated means or any manual process for any purpose without AusNet Services’ express written permission;

b. impersonate a person when interacting with the Website;

c. link to or post on the Website any material which AusNet Services considers, in its sole discretion, misleading, deceptive, inappropriate, defamatory, obscene, unlawful, fraudulent or that is otherwise inconsistent with any Moderation Policy that applies from time to time;

d. modify any element of the Website;

e. alter or delete any trademarks, copyright marks or legal notices on the Website;

f. introduce or transmit any malicious software or hardware configuration that could damage the Website including, but not limited to, the introduction of a Trojan horse, malware, virus, worm, spyware or time bomb;

g. violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;

h. take any action that imposes, or may impose, in AusNet Services’ discretion, an unreasonable or disproportionately large load on its server infrastructure;

i. deep-link to any portion of the Website for any purpose apart from where expressly permitted by this Agreement;

j. frame, mirror or otherwise incorporate any part of the Website into any other website without AusNet Services’ prior written consent; or

k. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by AusNet Services in connection with the Website.

6. Intellectual Property

All Intellectual Property Rights in the Website and its contents are owned or licensed by AusNet Services. AusNet Services grants you a non-transferable and non-exclusive licence to use the Website for your own personal non-commercial use.

7. Limitation of liability

7.1. Nothing in these Terms of Use is intended to limit your statutory rights under the Australian Consumer Law and related legislation and AusNet Services does not give any guarantees, warranties or representations of any kind with respect to the use of the Website outside these laws.

7.2. Subject to any statutory rights you may have, AusNet Services is not liable to you or anyone else (including breach of contract or, tort, negligence or statutory duty) for any loss or damage (including direct, special incidental, indirect or consequential loss, damages or injury), however caused and which is suffered directly or indirectly in connection with the use or misuse of the Website. AusNet Services maximum liability for any breach of these Terms of Use and for any negligence in relation to these Terms of Use will be $10.00.

8. Indemnity

You agree to indemnify and keep indemnified, AusNet Services and its agents, employees and officers against all loss, cost, expense or damage which AusNet Services, its agents, employees or officers suffer or incur, as a direct or indirect result of your breach of these Terms of Use or any misuse of the Website including any unlawful, tortious or negligent act or omission or your communications with AusNet Services.

9. Compliance with third party licenses

9.1. The Website incorporates components licensed to AusNet Services by third parties, which may be subject to their own End User Licence Agreements (EULAs).

9.2. You agree that your use of the Website, in addition to these Terms of Use, will be governed by any terms and conditions specified by any applicable EULA and you agree to be bound by all terms and conditions contained in any applicable EULA.

10. Links from this website

10.1. Links to all other websites (excluding the link to the Contact Us Form which forms part of the Website) are provided for your convenience. AusNet Services does not control these websites and cannot be responsible for the content or accuracy of the information or other material on those websites. Your use of material on any third party website will be governed by the terms and conditions applicable to that website.

10.2. The inclusion of any links to other websites does not mean that AusNet Services endorses or approves of the content of those linked sites.

10.3. AusNet Services gives no warranty (express or implied) as to the accuracy, completeness or adequacy of material on any third party website.

11. Termination of your access to the Website

AusNet Services may restrict or terminate your access to the Website without notice at any time in its sole discretion, including if you breach these Terms of Use.

12. General

These Terms of Use are governed by the Laws in force in Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia in respect of all matters relating to these Terms of Use.

13. Definitions

Intellectual Property Rights means all present and future intellectual property rights, whether such rights are conferred by statute, common law or equity in relation to any copyright, trademarks, designs, patents, circuit layouts, business and domain names, inventions and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether or not registrable, registered or patentable. These rights include: (a) all rights in all applications to register these rights; and (b) all renewals and extensions of these rights.

Personal Information has the meaning given in section 6(1) of the Privacy Act.

Privacy Act means the Privacy Act 1998 (Cth).

Last updated: 22 November 2021