Terms and Conditions

Certain areas of the Treasury Corporation of Victoria (TCV) website are only accessible by persons authorised by TCV (Client Portal). TCV provides access to the Client Portal to your organisation (Client or you) and any personnel you permit to access the Client Portal (Users). By authorising Users to access or use the Client Portal, the Client agrees that the Client and the Users are bound by these terms and conditions of use (Client Portal Terms of Use) and the terms and conditions of use that apply to the other parts of TCV’s website (the Terms of Use/Disclaimer/Copyright).

TCV is entitled, at its sole discretion, to amend these Client Portal Terms of Use at any time without notice. You should periodically read these Client Portal Terms of Use. If you or a User continue to use the Client Portal after any such change to these Client Portal Terms of Use, you will be deemed to agree to the amended Client Portal Terms of Use.

1. General

1.1. The Client agrees that a User nominated by the Client:

  • is authorised to access the Client Portal;
  • is acting on the Client’s behalf; and
  • therefore has the authority to bind the Client to these Client Portal Terms of Use.

1.2. The Client must ensure that all Users comply with these Client Portal Terms of Use and is responsible and liable for the use of and access to the Client Portal by it’s Users.

2. Passwords

2.1. Users must:

  • maintain the confidentiality of their Password and not disclose or provide it to any other person;
  • not allow another person to access or use the Client Portal except where expressly permitted by these Client Portal Terms of Use; and
  • not impersonate any person or entity for the purpose of misleading others when accessing or using the Client Portal.

2.2. Where a User’s User Name is used in conjunction with that User’s Password, TCV will identify that User as the user of the Client Portal. TCV will hold the Client responsible for all use of the Client Portal that occurs when the User Name of a User is used in conjunction with that User’s Password.

2.3. If you, or any of your Users, become aware of any unauthorised use of a User’s Password or account, the Administrator for your organisation must notify TCV immediately.

3. Confidentiality

3.1. TCV will hold the Client responsible for ensuring that each User acknowledges and agrees that the information and material accessible on the Client Portal (Confidential Information) is confidential.

3.2. Users must not use, copy, disclose, reproduce or make public the Confidential Information for any purpose except in accordance with these Client Portal Terms of Use. You must ensure that your personnel do not do anything that would breach this clause.

3.3. You must notify TCV if you or any of your personnel become aware of a breach of this obligation.

3.4. TCV will hold you responsible for ensuring that neither you nor any of your personnel disclose any of the Confidential Information unless one of the following circumstances applies:

  • the disclosure is specifically contemplated and permitted by these Client Portal Terms of Use;
  • the disclosure is to your personnel to the extent those personnel need to know the Confidential Information in order to perform a function in connection with their employment; or
  • the disclosure is required by a court, a binding directive of a governmental or administrative authority or to comply with any applicable law (subject to you notifying TCV prior to any disclosure).

3.5. TCV may at any time require you to give written undertakings in a form prepared by TCV relating to the non-disclosure of the Confidential Information. You will provide any such undertaking promptly.

3.6. All obligations of confidence set out in these Client Portal Terms of Use continue in full force and effect after your use of the Client Portal ends.

4. Content

4.1. TCV will hold you responsible for ensuring that each User understands and agrees that all material, information and data (such as data files, written text, computer software, audio files, photographs, or other images) accessed or used by, or provided to the User through the Client Portal (Content) comprises the intellectual property of TCV or any relevant third parties from whom TCV may license that Content.

4.2. TCV will hold you responsible for ensuring that Users do not copy, modify, publish, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) unless you have been specifically told that a User may do so by TCV or by the owners of that Content, in a separate agreement.

4.3. TCV may change any of the Content at any time without notice.

4.4. TCV has no obligation to update any of the Content.

4.5. You are responsible for assessing the accuracy, reliability, suitability and accuracy of the Content on or accessible through the Client Portal.

4.6. You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Client Portal or the Content.

5. Disclaimer

5.1. Except as provided by law, the Client Portal is provided “as is” and without any guarantee, warranty or condition, express or implied.

5.2. TCV does not represent, warrant or guarantee that:

  • access to or use of the Client Portal by you or any User will be secure, continuous, uninterrupted, error-free or timely;
  • errors or defects in the operation of the Client Portal will be able to be corrected; or
  • the Client Portal will be free from computer errors or viruses, trojan horses, worms, time bombs, cancelbots or other malicious programs or code.

5.3. You acknowledge that access and use of the Client Portal (including the software operating in connection with the Client Portal) may be interfered with by factors outside of TCV’s control.

5.4. TCV does not make any representation or warranty regarding the accuracy or completeness of the information on or accessible through the use of the Client Portal.

6. Limitation of Liability

6.1. You agree that in no event shall TCV be liable for any direct, indirect, incidental, special or consequential loss (including among other things loss of data, revenue or profits), punitive, or exemplary damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of, or in connection, with:

  • use of the Client Portal;
  • the Categories which Users are authorised to access;
  • any delay in or inability to use the Client Portal for whatever reason and however arising, including (without limitation) negligence;
  • any information contained on the Client Portal; and
  • use of a User’s Password by the relevant User or any third party to whom the Password has been made available.

6.2. You agree to indemnify, defend and hold harmless TCV, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents and related bodies corporate against any and all actions, liability, claims (including third party claims), loss, damages, proceedings, expenses (including, but not limited to, legal costs) suffered or incurred by TCV, arising from, or which is directly or indirectly, related to:

  • use of the Client Portal;
  • any breach or non-observance of any term of these Client Portal Terms of Use;
  • a disclosure of Confidential Information;
  • a breach of the privacy obligations or any applicable privacy laws; or
  • any breach or inaccuracy in any representations, guarantees or warranties made to TCV.

6.3. Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.

7. Law & Jurisdiction

7.1. The TCV site and these Terms of Use are governed by the laws of the State of Victoria, Australia.

You submit to the jurisdiction of the courts of Victoria, Australia and the courts of appeal from those courts, in respect of any legal proceedings in connection with the Client Portal Terms of Use or your use of the TCV site.