Application portal terms and conditions of use

Effective as of 12 November 2024.

1. General  
      1.1. These Terms and Conditions of Use (Terms and Conditions) form part of the agreement between Icon Water Limited, ABN 86 069 381 960 (Icon Water, us, we, our) and the User Account Holder for the provision of the Application Portal.
 
      1.2. By registering as a User Account Holder and using the Application Portal services, you accept and agree to be bound by these Terms and Conditions and the terms of Icon Water’s privacy policy, available at www.iconwater.com.au/privacy (Privacy Policy). You acknowledge that the Application Portal is owned and operated by Icon Water.
 
      1.3. If you do not accept these Terms and Conditions, you may not use the Application Portal. If you have any questions about the Application Portal or these Terms and Conditions, please contact us at talktous@iconwater.com.au or 02 6248 3111.
 
      1.4. If you are a customer of Icon Water, these Terms and Conditions do not affect your contractual obligations pursuant to your relevant Contract with Icon Water.
 
      1.5. The meaning of capitalised terms used in these Terms and Conditions can be found in clause 18.
2. Scope of Licence  
      2.1. As part of your Application Portal user account, Icon Water provides you with access to the Application Portal, subject to these Terms and Conditions. These Terms and Conditions govern your access to and use of the Application Portal.
 
      2.2. This licence granted to you by Icon Water is limited to a non-exclusive, non-transferable licence to (as applicable) use the Application Portal.
 
      2.3. However, nothing in these Terms and Conditions allows you to:
  (a)    use the Application Portal on any device that you do not own or control;

(b)    distribute or make the Application Portal available over a network where it could be used by multiple devices at the same time;

(c)    rent, lease, lend, sell, redistribute, or sublicense the Application Portal; or

(d)    copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application Portal, any updates, or any part thereof (except to the extent permitted by these Terms and Conditions, applicable law or the licensing terms governing use of any open-source components included with the Application Portal).
 
      2.4. Unless stated otherwise by Icon Water, these Terms and Conditions will govern any upgrade or modification to the Application Portal by Icon Water.
 
3. Eligibility and Registration  
      3.1. The Application Portal is a service offered by Icon Water for you to submit and manage applications and requests to us online, such as Network Protection Compliance (Building Approval) Submission (NPC) and/or Water Meter Requests (WMR).
 
      3.2. The types of services available to you via the Application Portal may vary according to your role and/or reason for using the Application Portal.
 
      3.3. To access and/or use the Application Portal, you must be a User Account Holder. Registering as a User Account Holder is complimentary.
 
      3.4. To register as a User Account Holder, you will need to register through the sign up process available on our website at portal.iconwater.com.au. The first step in the registration process is to use an email address nominated by you.
 
      3.5. We will then send you a verification code to your nominated email address which you will need to provide to verify your email address. 
 
      3.6. Upon successful verification of your email address, you will be required to provide your name, mobile number, and create a password to finalise the sign up process in order to use the Application Portal.
 
      3.7. You must maintain the security of your login details, including memorising your password or storing your password in a safe and secure place. Do not disclose your login details to anyone or allow any other person to access or use your account.
 
      3.8. Application Portal user accounts are not transferable.
      3.9. A User Account Holder’s Application Portal user account will continue until the earlier of the following occurs:
  (a)    the User Account Holder cancels their Application Portal user account by contacting us at talktous@iconwater.com.au or 02 6248 3111; or

(b)    the user account is terminated in writing by Icon Water.
4. User Account Holder’s obligations  
      4.1. The User Account Holder acknowledges and agrees that:
  (a)    Use of the Application Portal is at your sole risk and to the maximum extent permitted by law, and subject to clause 11.5, the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

(b)    You are solely responsible for any use of your Application Portal user account. It is your sole responsibility to make any other users of your Application Portal user account aware of the data collection, use, sharing and retention terms of the Privacy Policy and these Terms and Conditions.

(c)    If you do not comply with clause 3.7 above, you will be responsible for any and all actions undertaken on the relevant user account in the Application Portal.

(d)    Icon Water and any other third party service provider are not obliged to inquire about the authority of anyone using the User Account Holder’s Application Portal user account.

(e)    If you or another person whom you have provided access to your Application Portal user account uses the Application Portal user account to commit a crime or in breach of any laws, the User Account Holder will be responsible for any damages owed by Icon Water to any third party or regulator as a result of such use.

(f)    If you believe that a person has obtained your login details without your consent, notify Icon Water immediately and change your login password immediately.
5. Cancellation or suspension of access to the Application Portal  
      5.1. To the maximum extent permitted by law, Icon Water, and its licensors, give no warranty as to the continuing availability of the Application Portal and reserve the right to change, suspend, remove, terminate, or disable access to this service at any time, but will give you as much notice as reasonably practicable except in the case of an emergency when we will notify you as soon as reasonably practicable afterwards. 
 
      5.2. In no event will Icon Water be liable in relation to the removal of or disabling of access to the Application Portal in accordance with this clause. If the service ceases to be available, Icon Water will provide you with an alternative method to submit an NPC and/or WMR to us.
 
      5.3. We may at any time cancel or suspend a User Account Holder’s Application Portal user account for any reason, by providing reasonable prior notice to the User Account Holder, including if the User Account Holder has breached these Terms and Conditions.
 
6. Privacy and Security  
      6.1. The terms of Icon Water’s Privacy Policy, as updated from time to time (available at www.iconwater.com.au/privacy), are incorporated into these Terms and Conditions by reference.
 
      6.2. The Personal Information collected in connection with the Application Portal is collected by Icon Water and will be handled in accordance with Icon Water’s Privacy Policy. We will comply with our Privacy Policy and all applicable Privacy Laws in relation to the use of your Personal Information. You will be required to provide your Personal Information:
 
  (a)    to register for the Application Portal, including but not limited to your full name, phone number and email address; and

(b)    when submitting applications or forms via the Application Portal, such as an NPC or WMR, including but not limited to your full name, address, phone number and email address (and your business name, ABN, full names of company directors/company secretary or trustee, and professional licence number if applicable).
      6.3. You acknowledge and confirm that all information that is provided by you in the sign up process and throughout the use of the Application Portal is current and correct at the time of provision of the information.
 
      6.4. When submitting applications or forms via the Application Portal, such as an NPC and WMR, you may be required to provide the Personal Information of a third party, including but not limited to a third party’s full name, address, phone number, email address, ABN and/or ACN, company directors/company secretary or trustee.
 
      6.5. If you provide or make available any Personal Information of a third party to Icon Water via the Application Portal you:
  (a)    warrant that you have:
•    obtained the third party's consent to disclose their information to Icon Water for collection, use and transfer in accordance with the terms of the Privacy Policy; and 
•    informed the third party of how their information will be handled by Icon Water; and

(b)    acknowledge that Icon Water will rely on your confirmation that you have the relevant consent. We ask that you advise any relevant third party of our Privacy Policy available at www.iconwater.com.au/privacy.
      6.6 You acknowledge and confirm that you will at all times indemnify and hold harmless Icon Water against any breach of Privacy Laws resulting from your disclosure of Personal Information as described in clauses 6.2, 6.4 and 6.5.
 
      6.7 Phone:
02 6248 3111

Email:
talktous@iconwater.com.au

Post:
PO Box 50 Mitchell ACT 2911
 
 
      6.8 By using the Application Portal, you acknowledge and agree that internet transmissions are never completely private or secure. Icon Water has taken all reasonable steps to protect information that you disclose on the Application Portal. However, we cannot guarantee that your use of the Application Portal will be secure or confidential. Information that you disclose on the Application Portal may not be secure in its transmission over the internet, and third parties may be able to intercept the transmission of information to the Application Portal. 
 
 
7. Consent to Use of Data  
      7.1. You agree that Icon Water may collect and use:
  (a)    technical data and related information, including but not limited to technical information about your device, system, and peripherals that is gathered periodically; and

(b)    if you log into the Application Portal using your user account on a third party service, website, data from your profile on such service, website,
8. Services and Third Party Materials  
      8.1. Icon Water may engage third parties to supply services for it in connection with the Application Portal. However, the engagement of third parties under this clause 9 will not affect Icon Water’s rights and obligations under these Terms and Conditions.
 
      8.2. The Application Portal may enable access to services provided by Icon Water and third parties, and websites (collectively and individually, Services). Use of Services may require internet access. You acknowledge and agree that your use of Services may require you to accept any additional terms and conditions required for such Services (if applicable). 
 
      8.3. You agree to use the Services at your sole risk and that Icon Water shall not have any liability to you for third party content that may be found to be offensive, indecent or objectionable. 
      8.4. Icon Water, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Icon Water be liable for the removal of or disabling of access to any such Services. Icon Water may also impose limits on the use of or access to certain Services, in any case, and without notice or liability.
 
9. Termination  
      9.1. Your rights to access and use the Application Portal pursuant to these Terms and Conditions are effective until terminated.
      9.2. Either:
  (a)    Icon Water may, without limiting any rights or remedies that Icon Water may have against you arising out of or in connection with these Terms and Conditions, immediately suspend or terminate your rights to access and use the Application Portal by giving notice to you, where, in Icon Water’s reasonable opinion you have breached any of the Terms and Conditions; or

(b)    You may terminate your rights to access and use the Application Portal pursuant to these Terms and Conditions by written notice to Icon Water.
      9.3. Upon termination of these Terms and Conditions for any reason, no services will be available to you through the Application Portal and you must cease all use of the Application Portal.
10. Indemnity  
      10.1. You will at all times indemnify, hold harmless, and defend Icon Water, its officers and employees, respective partners and parent companies, from and against any loss arising from a breach of these Terms and Conditions.
 
11. No Warranty  
      11.1. To the maximum extent permitted by applicable law, the Application Portal is provided on an "as is" and “as available” basis, with all faults and without warranty of any kind and Icon Water disclaims all warranties, guarantees, and conditions with respect to the Application Portal and any Services.
 
      11.2. Icon Water does not warrant or represent that the functions contained in, or Services performed or provided by the Application Portal, will meet your requirements, that the operation of the Application Portal or Services will be free from any viruses or other harmful elements, up to date, uninterrupted or error-free, or that defects (if any) in the Application Portal will be corrected or that information provided via the Application Portal is accurate, complete, current, or suitable to your purposes.
 
 
      11.3. The information accessed via the Application Portal or any Service is not exhaustive. Icon Water will make reasonable efforts to ensure that the information provided via the Application Portal and Services is accurate and current, but makes no warranties or representations that this information is accurate, complete, current or suitable for your purposes.
 
      11.4. No oral or written information or advice given by Icon Water or its authorised representative shall create a warranty.
      11.5. Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any law (including consumer guarantees under the Australian Consumer Law) that cannot lawfully be excluded or limited (Non-Excludable Condition).
 
12. Liability  
      12.1. Where permitted by law, and provided it is reasonable to do so, Icon Water expressly limits its liability for breach of a Non-Excludable Condition to:
  (a)    in the case of goods, the replacement of the goods or supply of equivalent goods, the repair of the goods, the payment of the costs of replacing the goods or of acquiring equivalent goods or the payment of the costs of having the goods repaired; and

(b)    in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
      12.2. To the fullest extent allowed by law, in no event shall Icon Water (or its respective partners and related companies, officers, employees, agents, contractors and suppliers) be liable to the User Account Holder or any third party for any loss or damage, however caused (including death or personal injury, direct, incidental, special, indirect or consequential damages, loss of profits, loss of data or business interruption costs), regardless of the theory of liability (contract, tort, including negligence or otherwise) and even if Icon Water has been advised of the possibility of such damages, that arise directly or indirectly:
 
 
  (a)    Out of the use of the Application Portal or through the disclosure of information to the Application Portal;

(b)    From the interruption or unavailability of the Application Portal;

(c)    From the unauthorised interception by third parties of transmissions of information to the Application Portal; and/or

(d)    From the unauthorised or fraudulent use by a third party of information you disclose to the Application Portal.
      12.3. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. This limitation on Icon Water’s liability does not apply to the extent that the relevant loss arose due to Icon Water’s gross negligence, fraud or wilful misconduct.
 
13. Variation  
      13.1. From time to time, for whatever reason and without notice to you, we may:
  (a)    vary these Terms and Conditions at any time by providing the User Account Holder with notice via the Application Portal;

(b)    vary the functionality, Services and/or appearance and layout of the Application Portal. We will use all reasonable endeavours to provide you with updated information on the variations on our website; and/or

(c)    undertake maintenance of the Application Portal.
      13.2. Your continued use of the Application Portal after such a variation constitutes your acceptance of the updated Application Portal, Services and/or the Terms and Conditions, as applicable. 
14. Intellectual Property Rights  
      14.1. Icon Water owns all intellectual property in the Application Portal unless indicated otherwise. 
      14.2. You agree that, subject to your use of the Application Portal in accordance with the limited licence granted to you in these Terms and Conditions, you will not infringe Icon Water’s intellectual property in the Application Portal and will not modify, copy, republish, frame, distribute or communicate any part of the Application Portal or any information contained therein or otherwise use them in a way which will infringe Icon Water’s intellectual property or other property rights.
 
      14.3. If a third party alleges or makes a claim that the Application Portal or the Services infringe that third party's copyright or proprietary rights, your sole remedy and Icon Water’s entire liability in relation to such claim or allegation shall be, in Icon Water’s sole and absolute discretion, to:
 
  (a)    replace or modify the infringing materials so that they are non-infringing;

(b)    obtain a licence for you to use the infringing materials or

(c)    terminate your access to the Application Portal.
15. Miscellaneous  
      15.1. Failure by either party to enforce a particular term or condition does not constitute a waiver of that term or condition.
      15.2. In the event of any inconsistency between these Terms and Conditions and the terms and conditions contained in any other material relating to the Application Portal, these Terms and Conditions will prevail to the extent of any inconsistency.
 
      15.3. These Terms and Conditions are governed by and must be construed in accordance with the laws of the Australian Capital Territory. The parties submit to the exclusive jurisdiction of the courts of the Australian Capital Territory, and courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these Terms and Conditions. The parties will not object to the exercise of jurisdiction of those courts on any basis. 
 
      15.4. Icon Water may assign or transfer its rights and obligations under these Terms and Conditions to another organisation, but this will not affect either party’s rights or obligations under these Terms and Conditions. You may only transfer your rights or obligations under these Terms and Conditions to another person with Icon Water’s prior written consent.
 
16. Interpretation  
      16.1. In these Terms and Conditions, headings are for ease of reference only and do not affect interpretation.
      16.2. Unless the context requires otherwise:
  (a)    the singular includes the plural, and the plural includes the singular;

(b)    if a word or phrase is defined, another grammatical form of that word or phrase has a corresponding meaning; and

(c)    the word "includes" in any form is not a word of limitation.
17. Definitions  

Application Portal means the online portal through which User Account Holders may access the Application Portal services.

Contract means your Water Services and Sewerage Services Connection and Supply Standard Customer Contract.

Nominated email address means the email address that you used to create your Application Portal user account.

Personal Information has the same meaning as in the Privacy Act 1988 (Cth).

Privacy Laws means the Privacy Act 1988 (Cth) and any other privacy legislation that Icon Water must comply with from time to time.

Privacy Policy has the meaning given in clause 1.2.

Terms and Conditions means these terms and conditions of use, as amended from time to time.

User Account Holder means the person who has successfully completed the Application Portal registration process in accordance with clause 3 and whose user account has not been cancelled or terminated under clause 9.