Part I: General
This website is operated by Government Services Group, Department of Treasury and Finance
2 Application of Part I
Part I of these Terms and Conditions of Use applies to all users of GSG ICT Online.
3 Access and Use of GSG ICT Online
3.1 Access and use
You agree to:
3.1.1 ensure that Your User ID and Password are only used by You to access GSG ICT Online; and
3.1.2 access and use GSG ICT Online only in accordance with:
(a) these Terms and Conditions of Use;
(b) any additional requirements specified on GSG ICT Online;
(c) any directions given by GSG from time to time; and
(d) all applicable laws.
3.2 Variation, suspension and termination of access and use
You acknowledge that the GSG may at any time and for any reason, vary, suspend or terminate access to, or use of, the whole or any part of GSG ICT Online without prior notice.
4 User ID, Password and Security
4.1 Protection of User ID and Password
You agree to:
4.1.1 take all necessary steps to protect Your User ID and Password from unauthorised access, use or disclosure by any person;
4.1.2 immediately notify GSG on becoming aware of any unauthorised access to, use or disclosure of Your User ID or Password by any person; and
4.1.3 comply with any directions relating to security which are given by GSG from time to time.
4.2 Data transmissions
You acknowledge that:
4.2.1 the Internet is an inherently insecure medium and that no data transmission over the Internet can be guaranteed as totally secure; and
4.2.2 You transmit data to GSG ICT Online at Your own risk.
4.3 Survival
This clause 4 survives any termination of these Terms and Conditions of Use.
5 Confidentiality
5.1 GSG ICT Online Content
You acknowledge that information published, or accessible, through GSG ICT Online may contain confidential and commercially sensitive information and information marked as confidential.
5.2 Extent of obligation
Subject to clause 5.3, You agree not to make public, disclose or use any of the information described in clause 5.1 other than for the Approved Purposes.
5.3 Disclosure exceptions
You are not obliged by clause 5.2 to keep confidential any information that is required to be disclosed as a result of any legal obligation, or a government policy of the State of Victoria or by order of the State or Victoria acting through any government agency.
5.4 Notification of breaches
You agree to immediately notify the GSG if You become aware of any breach of this clause 5.
5.5 Survival
This clause 5 survives any termination of these Terms and Conditions of Use.
6 Warranties and Representations
You acknowledge that:
6.1 GSG ICT Online is made available on an “as is” basis; and
6.2 the GSG makes no representation or warranty of any kind, either express or implied, in relation to GSG ICT Online including, without limitation:
6.2.1 as to the reliability, suitability or availability of GSG ICT Online;
6.2.2 that access to GSG ICT Online will be secure, uninterrupted or error-free;
6.2.3 that errors or defects with GSG ICT Online will be able to be corrected;
6.2.4 that GSG ICT Online will operate with any other hardware, software, system or data; or
6.2.5 the accuracy, completeness and fairness of information published, or otherwise accessible, through GSG ICT Online.
7 Notices
7.1 Addresses of the parties
Without limiting the methods by which a notice or other communication may be given at law, a notice or other communication is properly given or served if it is transmitted by electronic mail to the e-mail address associated with Your User ID.
7.2 Change of Your address
You agree to immediately notify the GSG of any change in the e-mail address associated with Your User ID.
8 Applicable Law
These Terms and Conditions of Use shall be subject to the laws in force in the State of Victoria.
9 Variation of Terms and Conditions of Use
9.1 Variation by GSG on giving notice
These Terms and Conditions of Use may be varied at any time by the GSG giving You notice of the variation from the GSG .
9.2 Deemed agreement to variation
You will be deemed to have agreed to a variation to these Terms and Conditions of Use by continuing to use GSG ICT Online after receiving notice of such variation from the GSG .
10 Personal Information
10.1 Provision by You of Personal Information
You acknowledge that except for Personal Information required for the purposes of registration, You are not required to provide any Personal Information in order to use GSG ICT Online.
10.2 Information constituting Personal Information
You acknowledge that some information that You voluntarily provide in using GSG ICT Online, particularly information contained in Evaluation Data, may constitute Personal Information relating to You or to another person.
10.3 Use and disclosure of Personal Information
You consent to the GSG using and/or disclosing Personal Information relating to You for the Approved Purposes
These Terms and Conditions of Use commence on the date they are accepted by You and continue until terminated by the GSG giving You notice of termination.
12.2 Termination for convenience
You acknowledge that the GSG may at any time and for any reason terminate these Terms and Conditions of Use by giving You notice of termination.
13 Privacy
13.1 Information Privacy Principles and Codes of Practice
You agree to be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by You for the purposes of these Terms and Conditions of Use in the same way and to the same extent as the GSG would have been bound by the Information Privacy Principles and any applicable Code of Practice in respect of that act or practice had it been directly done or engaged in by the GSG .
13.2 Compliance with directions
You agree to comply with:
13.2.1 any directions made by the Victorian or Commonwealth Privacy Commissioner relevant to these Terms and Conditions of Use; and
13.2.2 any other reasonable direction relating to privacy which is given by the GSG from time to time.
13.3 Survival
This clause 13 survives any termination of these Terms and Conditions of Use.
14 Liability
14.1 Determination of liability
Subject to the other provisions of these Terms and Conditions of Use, the liability of a party for breach of these Terms and Conditions of Use or for any other common law or statutory cause of action arising out of the operation of these Terms and Conditions of Use will be determined under the relevant law in Australia that is recognised, and would be applied by, the High Court of Australia.
14.2 Exclusion of loss and damage
14.2.1 Subject to clause 14.4, the GSG will be under no liability to You in respect of any direct, indirect, consequential or special loss or damage, including without limitation loss of profits, income or savings which may be suffered or incurred or which may arise directly or indirectly in respect of access to or use of GSG ICT Online.
14.2.2 Where GSG ICT Online provides links to third party websites, we exclude any liability arising from use of such websites. Any statements or representations made on such websites are solely those of the respective website owners and we neither endorse nor confirm such statements. You agree to rely solely on your own judgement and analysis with respect to the content of such websites.
14.3 Exclusion of conditions and warranties
Subject to clause 14.4, any condition or warranty which would otherwise be implied into these Terms and Conditions of Use is hereby excluded.
14.4 Conditions and warranties implied by law
Where legislation implies in these Terms and Conditions of Use any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in these Terms and Conditions of Use provided that the liability of the GSG for any breach of such condition or warranty shall be limited, at the option of the GSG , to one or more of the following:
14.4.1 the supply of the services again; or
14.4.2 the payment of the cost of having the services supplied again.
14.5 Survival
This clause 14 survives any termination of these Terms and Conditions of Use.
Part III of these Terms and Conditions of Use contains definitions and interpretation provisions that apply to Parts I and II.
16 Definitions, Interpretation and Priority
16.1 Definitions
In these Terms and Conditions of Use, unless the contrary appears:
| Approved Purposes | (a) Verification, authorisation and security of user access; (b) If requested by You, to provide further information that may be relevant to the areas of interest identified by You; (c) Any disclosure of Your personal information as required by court order or law; and (d) Disclosure to our contractors, sub-contractors and service providers but only for the purposes described in (a), (b) and (c) above. (e) Approved Purposes will not include providing Your personal information to unrelated third parties for marketing or advertising purposes. |
Code of Practice | means a code of practice defined in, and approved under, the Information Privacy Act 2000 (Vic) as amended from time to time; |
GSG | means the State of Victoria acting through the Chief Technology Office of the Government Services Group, a division of the Department of Treasury and Finance. |
Eligible Agency | [means: (a) a Budget Sector Agency, defined as each Victorian Government department (as defined in section 3 of the Financial Management Act 1994 (Vic)) and each office (as defined in section 16 of the Public Administration Act 2004 (Vic)), as amended from time to time; (b) a Government Owned Entity, meaning a statutory corporation, a State owned company, a State body or a State business corporation as those terms are defined in the State Owned Enterprise Act 1992 (Vic), as amended from time to time; (c) a “Council” as defined in the Local Government Act 1989 (Vic), as amended from time to time; or (d) an entity which is located in Victoria and: (1) listed in the Victorian Government Directory, as amended from time to time; or (2) approved in writing by the GSG as being an Eligible Agency for the purposes of these Terms and Conditions of Use, but excludes the Commonwealth, a Territory, the Crown in Right of a State other than Victoria, and an agency or instrumentality of any of them.] |
GSG ICT Online | An online website containing information on the Government Services Group’s program, products and services regarding Information and Communications Technology |
Information Privacy Principles | means the Information Privacy Principles set out in the Information Privacy Act 2000 (Vic) as amended from time to time. |
Intellectual Property Rights | means copyright, trade mark, design, patent, semiconductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights existing in Australia. |
Password | means a password used by You for the purpose of accessing GSG ICT Online. |
Personal Information | means information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, but does not include information of a kind to which the Health Records Act 2001 (Vic) applies |
Terms and Conditions of Use | means these terms and conditions which apply to access and use of GSG ICT Online. |
User ID | means a name or acronym issued by the GSG and used by You for the purpose of accessing GSG ICT Online. |
You | means: (a) a person using GSG ICT Online; and (b) in the case of an officer, employee, contractor or agent of an organisation which has been engaged under a contract for services to provide services to an Eligible Agency — the organisation in addition to the person using GSG ICT Online. |
In these Terms and Conditions of Use, unless the contrary intention appears:
16.2.1 clause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;
16.2.2 words in the singular number include the plural and vice versa; and
16.2.3 where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.
16.3 Priority of documents
In the event and to the extent of any inconsistency between two or more documents which form part of these Terms and Conditions of Use, those documents will be interpreted in the following order of priority:
16.3.1 these Terms and Conditions of Use; and
16.3.2 any additional requirements specified on GSG ICT Online.
16.4 Contact Details
Cindy Cheng – ict.enquiries@dtf.vic.gov.au
Copyright Notice
In this copyright notice, the words "we", "us" and "our" refer to the government of the State of Victoria and the words "you" and "your" refer to the person using this website.
Copyright in information (including text, images, logos, diagrams and photographs) and its arrangement, layout and display on this website (the “Works”) is owned or licensed by us. You are not permitted to copy, publish, communicate to the public or make an adaptation of the Works except:
a. to the extent permitted by law; or
b. with our express prior written permission.
Last Updated: 15 July 2008
