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Vehicle Safety Compliance Certification Scheme (VSCCS)

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VSCCS Conditions of use

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1.         Background

The Roads & Traffic Authority of New South Wales (RTA) has developed the VSCCS internet application (IT System) for use by licensed certifiers with the aim of improving the efficiency and standard of customer services for the VSCCS.

 

This document contains the terms and conditions pursuant to which licensed certifiers may use the IT System.

 

2.         Interpretation

2.1        In these Terms & Conditions:

·                     “Licensed Certifier” has the same meaning as Licensee as defined under the Conditions of Licence, VSCCS Procedures and in the Regulations;

·                     “DRIVES” is an acronym for DRIver and VEhicle IT System. It is an information system that controls all motor vehicle registration and driver licensing functions within the State of New South Wales. This includes the collection of associated revenue and the recording and imposition of driver and vehicle-related law enforcement matters.

·                     Personal Information” has the same meaning as in the Privacy and Personal Information Protection Act 1998 (NSW) and any Information Protection Principles issued under such Act.

·                     System Information” means any and all data and information (in whatever form such information may exist) held by the RTA in the IT System or entered, received, stored, generated or processed in the IT System including any:

§               database in which such data or information is contained;

§               documentation or records relating to such data or information;

§               products, material, documentation or records resulting from the use or manipulation of such information;

§               copies of any of the above; and

§               user IDs or passwords for access to the IT System.

·         Any term used but not defined will have the meaning given in the VSCCS Conditions of licence, Administrate Procedures or Regulation as the case may be.

 

2.2        In the event of any inconsistency between these Terms and Conditions and any other terms and conditions applying to the VSCCS, these terms and conditions prevail to the extent of the inconsistency but only in respect of the use of the IT System.         

 

3.         Authorisation to use the IT System

3.1        Only VSCCS licensed certifiers or persons authorised by the RTA may use the VSCCS IT system.

 

4.         Use of the IT System

4.1        Permitted use

4.1.1     Each licensed certifier must use the IT System in accordance with these Terms & Conditions and any guidance or directions issued by the RTA from time to time.

4.1.2     A licensed certifier must only use the IT System for the lawful and proper purposes of the VSCCS Scheme.

4.1.3     A licensed certifier must ensure that any personnel delegated to use VSCCS IT system comply with these Terms & Conditions. The licensed certifier is accountable for breaches of the Conditions of Licence, VSCCS Procedures and these Terms & Conditions by his/her personnel as if those breaches were committed by the licensed certifier itself.

4.1.4     A licensed certifier must ensure that no one (other than such of his/her personnel who may be delegated) use the IT System.

 

4.2        Compliance Certificates Must Be Created Through The IT System

Licensed certifiers must use the IT System to create VSCCS Compliance Certificates.

 

4.3        Equipment & Costs

A licensed certifier is solely responsible, at its cost, for providing and maintaining the equipment and software necessary to obtain access to the internet to use the IT System.

The RTA accepts no responsibility for any hardware, software or other systems, equipment or processes used by any User in connection with the use of the VSCCS IT System.  The RTA is not responsible for any costs or expenses incurred by a User in using the IT System including any connection or ISP charges.

 

4.4        User IDs and passwords

4.4.1     Each licensed certifier will be provided with a unique identification and password (user ID and password), which is required to access the IT System.  The user ID may be recorded by the RTA for security and audit reasons against all information submitted by each licensed certifier.

 

4.4.2     Each licensed certifier must:

4.4.2.1     keep their user ID and password secure;

4.4.2.2          ensure that their user ID and password is not used by or available to any other person;

4.4.2.3          keep their user ID and password separate; and

4.4.2.4          log out of the IT System after completing a transaction to ensure no other person is able to provide a transaction under that user ID.

4.4.3     If a licensed certifier  knows or suspects that another person knows or may know his/her password (or the password of another licensed certifier) for accessing the IT System, the licensed certifier must immediately:

4.4.3.1     change their password (to the extent that they are able to); and

4.4.3.2     advise the RTA of such occurrence or suspicion.

 

4.5        Rules and Directions

Each licensed certifier must promptly comply with any guidelines or directions issued by the RTA from time to time in relation to the IT System.

 

5.         Vehicle and other information

 

5.1        Entering information

5.1.1     Each licensed certifier must ensure that the information submitted using the IT System is complete, correct and accurate and complies with all applicable laws; and any RTA business rules and/or other written RTA guidelines including the Rules.

 

5.1.2     If the IT System requires the inputting of a vehicle identifier (VIN) the licensed certifier must ensure that it is complete, correct and accurate as this information is used to return information from the RTA’s DRIVES system


5.2        Audit

Each licensed certifier:

5.2.1     acknowledges that the RTA may from time to time audit compliance with these terms and conditions and agrees that all records relating to use of the IT System may be examined as part of any audit.;

5.2.2     agrees to be available to and cooperate with the RTA or its nominee auditor upon request in order for the RTA or its nominee auditor to conduct the audit.

 

6.         Liability, Indemnity & Remedies

 

6.1        Acknowledgments

6.1.1     The licensed certifier acknowledges that the RTA does not represent or warrant:

6.1.1.1     that the IT System will be available at any particular time;

6.1.1.2     that the licensed certifier will be able to use the IT System including, without limitation, with any computer hardware or software used by the licensed certifier; or

6.1.1.3     that the IT System is or will remain error free or free from any computer virus, defect or contamination.

 

6.2        RTA liability

6.2.1     The RTA excludes all liability (in contract, tort including negligence, under statute or otherwise arising) in respect of any loss arising out of or in connection with the IT System

          

6.2.2     Without limiting clause 6.2.1 the RTA will have no liability to licensed certifier (in contract, tort including negligence, under statute or otherwise arising) in respect of any loss which is indirect or consequential including any loss of profits, loss of revenue, loss of business, loss of reputation, loss of data or data integrity or loss of anticipated savings.

 

6.3        Exclusion of terms

6.3.1     If the Trade Practices Act 1974 (Cth) (Act) or similar legislation applies to these terms and conditions at any time (which is not admitted by the RTA), nothing in these terms and conditions excludes or limits any liability the RTA may have under the Act or similar legislation that the RTA is not permitted by law to exclude or limit, including liability to a “consumer” (as that term is defined in that Act). The RTA limits any liability it has to such a consumer for breach of a warranty implied under the Act or similar legislation to resupplying the services in respect of which the breach occurred.

 

6.3.2     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 the IT System and to these terms and conditions are excluded to the fullest extent permissible at law.

 

6.4        Remedies

6.4.1     Monetary damages for a breach of these terms and conditions by a licensed certifier will be insufficient to compensate the RTA for such a breach; and

6.4.2     In addition to any other remedy available at law the RTA is entitled to injunctive relief to prevent a breach of and to compel specific performance of the terms of this document.

7.         Term and termination

 

7.1        Duration

Each licensed certifier may use the IT System in accordance with these Terms and Conditions from the date they are authorised to do so until the date the licensed certifier’s right to use the IT System is terminated pursuant to clause 7.2.

 

7.2        Termination

A licensed certifier’s right to use the IT System will terminate if any of the following occur:

7.2.1     being a licensed certifier, its VSCCS licence is terminated or, having expired, is not renewed;

7.2.2     being a licensed certifier, its authorisation as a licensed certifier ends for any reason or;

7.2.3     the licensed certifier commits a material breach of these Terms & Conditions.

Termination is without prejudice to any accrued rights or remedies of the parties.

Pursuant to clause 4.1.3 a licensed certifier will be in breach of these Terms & Conditions where his/her personnel are in breach of them.

 

7.3        Suspension

If a licensed certifier is in breach of the Regulations, the Conditions of Licence and/or VSCCS Procedures or these Terms & Conditions then the RTA may by written notice to the licensed certifier suspend his or her access to the IT System until such time as the breach is rectified.

 

8.         Privacy

 

8.1        Where a licensed certifier is required to collect confidential or Personal Information, then they must comply with privacy legislation and advise the person giving such information that it is being obtained for RTA and for what purpose.

 

9.         Intellectual Property

9.1        The licensed certifier acknowledges that these Terms & Conditions do not transfer to it any interest, including any intellectual property rights, in the IT System.

 

9.2        If the licensed certifier becomes aware of any actual or suspected infringement of the intellectual property rights in the IT System it must immediately notify the RTA and must provide all reasonable assistance requested by the RTA.

 

9.3        The licensed certifier assigns absolutely to the RTA:

·         By way of assignment of future copyright, the copyright that may subsist in any IT System Information immediately on creation; and

·         All other Intellectual Property Rights in any IT System Information which may subsist without the need for any further assurance.

 

10.        General

 

10.1     A licensed certifier 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 the RTA.

 

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 the RTA and a licensed certifier.  A licensed certifier must not represent themselves as agents of the RTA and will have no authority to enter into any obligations on behalf of the RTA or to bind the RTA in any way.

 

10.3     These terms and conditions may only be amended by the RTA.

 

10.4     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.

 
 
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