MyAccount, Terms of Use

SOUTH WEST WATER LIMITED - "MYACCOUNT" SERVICE

The MyAccount Service (the "Service") is an interactive service which is designed to enable you to access and manage your account(s) with us.

In these Terms of Use (The "Terms") "you" are the customer who has registered for the Service (also a "User") and "we" are South West Water Limited.

These terms (as amended from time to time) govern your use of the Service and are therefore binding on you. Please therefore download and/or print a copy of them and retain them for your records. Your use of the Service http://myaccount.southwestwater.co.uk (the "MyAccount site") and the website www.southwestwater.co.ukis also subject to our Privacy Policy and the general Website Terms and Conditions which are available to view via the relevant links on the Website. The Terms are always in addition to those governing the actual water account(s) that you are using the Service to access online.

We reserve the right to change these Terms or to withdraw the Service at any time. However we will endeavour to provide you with advance notice before making any material change.

1 Access

1.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We will not be liable if, for any reason the Service is unavailable at any time or for any period.

From time to time we may restrict access to some parts of our site, or our entire site to users who have registered with us.

1.2 Only existing household customers of South West Water Limited with a domestic use connection may register to become users of the Service. For more information on the non household market visit www.open-water.org.uk.

1.3 As a registered user of the Service, each time you log on to use the Service you will need to supply your user name and the password. Once you have logged on we will assume that we are dealing with you and that you have agreed to us disclosing information or acting on your instructions without obtaining further confirmation from you. You are responsible for ensuring that your instructions are correct.

1.4 Please remember to update us as soon as possible should your contact details change in case we need to contact you.

1.5 For your protection we will lock your account if you enter your log on information incorrectly three times. If we lock your account you will need to reset your account using the forgotten password or forgotten user id page in order to unlock your account.

1.6 Responsibility for the security of any passwords issued rests with you and you are responsible for all actions taken with your user name and password. Please ensure that you do not disclose your password to anyone, even our customer service advisers. If you need to change your password, you may access MyAccount and select the "Change password" hyperlink shown on the left hand side navigation links.

2. Licence

2.1 You are permitted to view, print and download extracts from the MyAccount site (including information relating to you personally from the Service) for your own use on the basis that (save as expressly permitted otherwise) no information or documents are modified in any way.

2.2 Unless otherwise stated the copyright and all other intellectual property rights in all material on this MyAccount site are owned by us or our licensors.

2.3 Subject to paragraph 2.1 no part of the Service or documents accessible through it may be reproduced or stored on any other website and/or included in any public electronic retrieval system or service without our prior written permission.

3. Our liability

3.1 The material on our site is provided without any guarantees, conditions or warranties as to accuracy. To the extent permitted by law we hereby exclude:

3.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; and

3.1.2 any liability for any direct, indirect or consequential loss or damage that you may incur in connection with your use or inability to use the Service, including without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted office time and any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, whether foreseeable or not.

3.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor for any other liability which cannot be excluded or limited under applicable law.

4. Viruses, hacking and other offences

4.1 You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial - of - service attack or a distributed denial -of service attack.

4.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will ceases immediately.

4.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.

5. Linking to our site

5.1 You may link to our My Account Service page, provided you do so in a way that is fair, legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

5.2 You must not establish a link from any website that is not owned by you.

5.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the My Account Service Page. We reserve the right to withdraw linking permission without notice. Should you wish to make use of any material on our site other than as set out above, please address your request via our Contact Us page.

6. Termination

6.1 We may at our sole discretion terminate your access to the Service without prior notice if we consider that you are abusing the Service or are otherwise acting in breach of the Terms, Website Terms and Conditions or Privacy Policy.

We may at our sole discretion restrict your access to the Service without prior notice if we consider that you are abusing the Service or are otherwise acting in breach of the Terms, general Website Terms and Conditions or Privacy Policy.

6.2 We may at our sole discretion discontinue or suspend the Service without prior notice in respect of any one or more of your accounts.

7. General

7.1 Unless otherwise specified the MyAccount site is directed solely at those who access it from England and Wales. If you access the site from any other location then you will be solely responsible for ensuring that you comply with any local laws that may apply.

7.2 The Terms, general Website Terms and Conditions and Privacy Policy are all governed by the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the English courts.