|
Your Browser is Unsupported. Please click here
for further info.
|
Heavy Vehicle - Competency Online Reporting System (HVCORS)
Terms of Use for NSW Heavy Vehicle Competency Reporting System
BACKGROUND
AUTHORISATION TO USE HVCORS
2.1 Only persons authorised by RMS to use HVCORS may use HVCORS.
2.2 All Assessors and Providers must register and be authorised by RMS to use HVCORS in accordance with the HVCORS User Guide.
2.3 Each Provider and Assessor:
2.3.1 must provide complete, accurate and current information when registering for authorisation as a user of HVCORS; and
2.3.2 agrees to receive electronic messages from RMS regarding the Scheme, HVCORS and other relevant information.
2.4 An Assessor’s authorisation to use HVCORS terminates immediately if:
2.4.1 the Assessor ceases to be employed by or contracted to a Provider; or
2.4.2 their authorisation or the authorisations of all Providers for whom they conduct Assessments are cancelled by RMS.
USE OF HVCORS
- 3.1 A Provider or Assessor may use HVCORS for the purposes of:
3.1.1 conducting an Eligibility Check;
3.1.2 advising RMS of the outcome of an Assessment; and
3.1.3 if a Provider, maintaining accurate, complete and up-to-date information regarding the Scheme, Provider and Assessors.
- 3.2 Precondition and Restriction on Eligibility Checks
A Provider or Assessor must not perform an Eligibility Check on anyone unless:
3.2.1 that person is making an application for an Assessment; and
3.2.2 the Assessor has read the RMS Privacy Statement (which is available on HVCORS) to the person and the person has agreed to it and to the Assessor making an Eligibility Check.
- 3.3 Records, Systems, Processes and Equipment
RMS is not responsible for providing or maintaining any hardware, software or other systems, equipment or processes necessary for the Provider or Assessor to connect with or use HVCORS. RMS is not responsible for any costs or expenses incurred by a Provider or an Assessor in connecting with or using HVCORS including any connection charges.
- 3.4 User IDs and passwords
3.4.1 Each Provider and Assessor will be provided with a unique identification number (user ID) which is required to access HVCORS and will be required to create a password. The user ID may be recorded by RMS for security and audit reasons against all information submitted by the Provider and/or Assessor.
3.4.2 To protect the security of HVCORS and the account of each Provider or Assessor, each Provider or Assessor must:
3.4.2.1 keep their password secret, secure and separate from their user ID;
3.4.2.2 memorise their password and not write it down;
3.4.2.3 not disclose their password to anyone;
3.4.2.4 not disclose their user ID to anyone except a Provider for whom they are performing Assessments;
3.4.2.5 ensure that their password is not used by or available to any other person;
3.4.2.6 only log in using their own user ID;
3.4.2.7 not share user IDs or passwords; and
3.4.2.8 log out of HVCORS if vacating the terminal from which the Provider or Assessor has accessed HVCORS.
3.4.3 If a Provider or an Assessor knows or suspects that there is or has been any breach of security, unauthorised disclosure or use of the Provider’s or Assessor’s password or misuse of HVCORS, the Provider or Assessor must immediately:
3.4.3.1 change their password (to the extent that they are able to); and
3.4.3.2 notify RMS of such occurrence or suspicion.
3.4.4 Each Provider or Assessor acknowledges and agrees to RMS recording any HVCORS activity, including submission of any information, for security and audit reasons.
- 3.5 Rules and Directions
INFORMATION
4.1 Entering Information
4.1.1 Each Assessor must ensure that the information he/she submits:
4.1.1.1 is complete, correct and accurate; and
4.1.1.2 complies with all applicable laws and the Accreditation Agreement.
4.1.2 Each Provider is responsible for their Assessors' compliance with this clause.
4.2 Misuse
Each Provider and Assessor must immediately notify RMS if it becomes aware of any misuse or suspected misuse of any information relating to HVCORS, an Assessment or other information relating to the Accreditation Agreement or activities performed under it.
4.3 Audit
Each Provider and Assessor:
4.3.1 acknowledges that RMS may from time to time audit compliance with these terms and conditions;
4.3.2 agrees upon request to promptly give RMS or its nominee access to relevant records held by or under the control of that Provider or Assessor; and
4.3.3 agrees to be available to RMS or its nominee upon request in order for RMS or its nominee to conduct the audit.
ACKNOWLEDGMENTS
5.1 HVCORS will be available at any particular time or all times, or that the Provider’s or Assessor’s use of HVCORS will be uninterrupted or error free;
5.2 a Provider or Assessor will be able to be access or use HVCORS including, without limitation, with any computer hardware or software used by the Provider or Assessor; or
5.3 HVCORS will not cause damage, or is or will remain error free or free from any computer virus, defect or contamination.
PROPRIETARY RIGHTS
6.1 All media, information, trade marks, logos and other material provided through HVCORS are owned by RMS or its licensors and must not be reproduced or dealt with in any way without RMS’s prior written consent, except for copyright material which may be used in accordance with RMS’s copyright notice available at http://www.rms.nsw.gov.au/copyright.html.
6.2 Each Provider and Assessor acknowledges that:
6.2.1 monetary damages for a breach of these terms and conditions by the Provider or Assessor will be insufficient to compensate RMS for such a breach; and
6.2.2 in addition to any other remedy available at law RMS is entitled to injunctive relief to prevent a breach of and to compel specific performance of the terms of this document.
LIABILITY
7.1 RMS liability
7.1.1 Subject to clause 7.2.1, RMS excludes all liability (in contract, tort including negligence, under statute or otherwise arising) to each Provider and Assessor in respect of any direct or indirect loss, damage, claim or expense arising out of or in connection with the Provider’s or an Assessor’s use of HVCORS.
7.1.2 Each Provider indemnifies and will keep indemnified RMS against all liability, loss, damage, claims, causes of action, costs and expenses directly or indirectly arising from or in connection with the use or misuse of HVCORS by the Provider or any Assessor engaged by that Provider.
7.1.3 Each Assessor indemnifies and will keep indemnified RMS against all liability, loss, damage, claims, causes of action, costs and expenses directly or indirectly arising from or in connection with the use or misuse of HVCORS by the Assessor.
7.1.4 The Provider and Assessor acknowledge that the limitations and exclusions in this clause 7 are reasonable having regard to the fact that RMS is providing them with access to HVCORS at no charge, to assist them in the provision of their functions and as a public service, to enable efficient processing of Assessments.
7.2 Exclusion of terms
7.2.1 If the Australian Consumer Law (ACL) which is Schedule 2 of the Competition and Consumer Act 2010 (Cth) (Act) or similar legislation applies to these terms and conditions at any time (which is not admitted by RMS), nothing in these terms and conditions excludes or limits any liability RMS may have under the ACL or similar legislation that RMS is not permitted by law to exclude or limit, including liability to a “consumer” (as that term is defined in that ACL). RMS limits any liability it has to such a consumer for breach of a consumer guarantee under the ACL or similar legislation to resupplying the services in respect of which the breach occurred.
7.2.2 Except as otherwise expressly stated in these terms and conditions, all terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise relating to HVCORS and to these terms and conditions are excluded to the fullest extent permissible at law.
TERMINATION
8.1 Each Provider or Assessor acknowledges and agrees that RMS may:
8.1.1 suspend or terminate a Provider’s or Assessor’s access to HVCORS if the Provider or Assessor fails to comply with these terms and conditions or the Accreditation Agreement; and
8.1.2 suspend or cease to provide access to HVCORS for a period or indefinitely for any reason at any time.
8.2 Each Provider acknowledges and agrees that a breach of these terms and conditions is a serious matter that may involve the following consequences:
8.2.1 a claim against them under Privacy Laws for breach of privacy;
8.2.2 action against them under the Independent Commission Against Corruption Act 1988 (NSW); and/or
8.2.3 prosecution under Part 6 of the Crimes Act 1900 (Cth) in respect of unauthorised access to or modification of data.
PRIVACY
9.1 The Provider or Assessor must comply with all applicable privacy legislation and with the privacy requirements set out in the Accreditation Agreement in relation to any Personal Information collected, processed, used, stored or disclosed in relation to HVCORS.
9.2 If a Provider or Assessor fails to comply with its obligations set out in clause 9.1, RMS may suspend or terminate a Provider’s or Assessor’s authorisation to use HVCORS.
GENERAL
10.1 Providers and Assessors must not assign, sub-contract or otherwise transfer any or all of their rights or obligations granted under these terms and conditions except with the prior written consent of RMS.
10.2 Nothing in these terms or conditions will create, or be deemed to create, a partnership, the relationship of principal and agent or the relationship of employer and employee between RMS and a Provider or Assessor. Each Provider and Assessor must not represent themselves as an agent of RMS and will have no authority to enter into any obligations on behalf of RMS or to bind RMS in any way.
10.3 Any provision of these terms and conditions that becomes or is held to be invalid is only invalid to that extent, without invalidating or affecting the remaining provisions of these terms and conditions or the validity of that provision.
10.4 Any failure by RMS to exercise any right under these terms and conditions does not operate as a waiver and the single or partial exercise of any right by RMS does not preclude any other or further exercise of that or any other right by RMS.
10.5 RMS may amend these terms and conditions from time to time by publishing the updated terms and conditions on RMS’s website home page, HVCORS homepage or by notifying the Provider or Assessor in any other way.
10.6 These terms and conditions are governed by and construed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the Courts of New South Wales
DEFINITIONS
11.1 In these terms and conditions capitalised words have the meaning given in the Accreditation Agreement and:
Roads and Maritime Services ABN 76 236 371 088, a New South Wales Government agency of Level 9, 101 Miller Street North Sydney (RMS) has approved a scheme for Heavy Vehicle Competency Assessment (Scheme). As part of the Scheme Registered Training Organisations are accredited as Providers to perform Assessments. Assessors are appointed by Providers to conduct Assessments on behalf of the Providers.
RMS has developed the Heavy Vehicle Competency Online Reporting System (HVCORS) to enable Providers and Assessors to electronically perform Eligibility Checks and submit to RMS the outcome of Assessments.
These terms and conditions apply to the use of HVCORS by Providers and Assessors and apply in addition to the Accreditation Agreement between RMS and the Provider. In the event of any inconsistency between these terms and conditions and the Accreditation Agreement, these terms and conditions prevail to the extent of the inconsistency.
All users must be accredited
Each Provider and Assessor must promptly with any guidelines or directions issued by RMS from time to time in relation to HVCORS.
Each Provider and Assessor acknowledges that RMS does not represent or warrant that:
“Accreditation Agreement” means the Accreditation Agreement for Heavy Vehicle Competency Assessment between a Provider and RMS pursuant to which the Provider is accredited to perform Assessments.
“Eligibility Check” means a check to determine if an individual is eligible to undertake an Assessment in accordance with the Assessment Procedures.
“HVCORS” means the user guide for HVCORS issued by RMS from time to time.
“Provider” is a party to an Accreditation Agreement.
Close window