Disclaimer for use on eDIT portal

"This website is part of the Electronic Document and Information Transfer portal (“the Portal”), an initiative of the Government of Victoria which aims to create efficiency gains and reduce congestion in the Port of Melbourne supply chain. The Portal is operated by EDS (Australia) Limited (ABN 18 002 855 085) ("EDS") under a contract with the Department of Transport, Victoria ("the Department") (and references to "we", "us" or "our" in this disclaimer are references to the Department ).

The material available through the Portal is provided by a variety of public and private sector organisations. We are not responsible for the accuracy, completeness or currency of material available through the Portal. Before relying on any material available through the Portal, you should verify the accuracy, completeness and currency of the material and its suitability and relevance to your individual circumstances. In making this material available, we are not providing professional advice and we accept no liability arising from any person's use of or reliance upon this material.  

There are a number of limitations concerning the information available through the Portal, including the following:

• There is no single department, agency or organisation responsible for information you access through the Portal.
• Information in the Portal may be incomplete, inaccurate or out of date of become so over time.
• The material available through the Portal may include information from third parties, which do not necessarily reflect our views or indicate our commitment to a particular course of action. 
• The fact that the Portal refers to a department, agency or organisation in no way implies any form of endorsement by us of the products, services or information provided by any such department, agency or organisation.
• Without limiting the generality of the above:
  • Data sourced from the Port of Melbourne Corporation ("PoMC") is provided for information only and you are required to verify the information for yourself.
  • PoMC has no liability for any damage, loss or injury howsoever caused arising out of any use of, or reliance on any data or information sourced from PoMC.
  • You must not distribute, publish, re-sell or reproduce any data or information sourced from PoMC without an express licence from PoMC.

When accessing linked material through the Portal, please note that you are subject to the terms and conditions relevant to the host website.

We make reasonable efforts to ensure that the Portal is available for users when required. But we cannot guarantee to provide continuously available or uninterrupted access to the Portal or the material available through the Portal.

If you are a registered user, you will be bound by specific terms governing your use of, and access to, particular areas of the Portal which an unregistered user is not entitled to access. 

The information on the Portal is not to be presented by you as your own. Except where necessary for viewing Portal information using your browser, no material on this Portal may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent.  

We recognise the high importance of protecting the security and privacy of information transmitted via the Portal. For further information, please see our Privacy Statement."

Conditions of Use

Registration with us to access and use the eDIT System is subject to legally binding Conditions of Use, reproduced below. You must read and consider the full text of the Conditions of Use before proceeding, as they contain important provisions dealing with your rights and obligations. You should also print and save a copy for your reference.

We may amend these Conditions of Use from time to time by publishing the amended Conditions of Use on the eDIT System. It is your responsibility to check the eDIT System (including the Portal) regularly for notification of any changes to these Conditions of Use and for related updates, bulletins and warnings. You agree that by using the Portal or the Smart Client to access the eDIT System at any time you are taken to have agreed to the Conditions of Use that are applicable at that time.

These Conditions of Use apply to your use of the eDIT System including but not limited to the Portal and the Smart Client. They do not override or alter any requirements for your submission of information to us or to any third party (for example the Port of Melbourne). It is your responsibility to ensure that all requirements (such as deadlines and form and content requirements) are still met. 

If you are an Organisation, you agree to ensure that your registered users comply with these Conditions of Use. 

Registration and Use

You must provide accurate, complete and current information when registering, and must keep this information up to date. 

You must ensure that individuals about whom you provide information to us as part of the registration process (including, if you are an Organisation, individuals whom you nominate to be registered users) are aware that their information is being provided to us and may be used by us in accordance with these Conditions of Use and any relevant privacy policy.

If you are an Organisation, you must take steps to ensure that only your properly authorised users use the eDIT System on your behalf and that they do so for lawful and proper purposes. 

If you are an individual registered by an Organisation to use the eDIT System you must not use the eDIT System except for properly authorised and lawful purposes of the Organisation.

If you are a registered user you will be issued with a password which you will be required to modify when you log in to use the eDIT System for the first time. You must always keep your password secret and secure and promptly notify us, and cease to use that password, if you suspect that the password has been compromised. 

More generally, you must always comply with all relevant documents and agreements which govern the use of PINs, passwords or other authentication mechanisms for your access to the eDIT System. In particular, you must ensure that you handle authentication and access mechanisms (such as PINs and passwords) securely, and promptly notify us, and cease to use any such mechanism, if you suspect that it has been compromised. 

We may notify you of security requirements from time to time and you must comply with all such requirements. 

Acknowledgment of Disclaimers

You acknowledge and agree as follows:

• The material available through the eDIT System is provided by a variety of public and private sector organisations. 
• We are not responsible for the accuracy, completeness or currency of material available through the eDIT System.
• Before relying on any material available through the eDIT System, you should verify the accuracy, completeness and currency of the material and its suitability and relevance to your individual circumstances. In making this material available, we are not providing professional advice and we accept no liability arising from any person's use of or reliance upon this material.  
• There are a number of limitations concerning the information available through the eDIT System, including the following:
  • There is no single department, agency or organisation responsible for information you access through the eDIT System.
  • Information accessible through the eDIT System may be incomplete, inaccurate or out of date or become so over time.
  • The material available through the eDIT System may include information from third parties, which do not necessarily reflect our views or indicate our commitment to a particular course of action. 
  • The fact that the eDIT System refers to a department, agency or organisation in no way implies any form of endorsement by us of the products, services or information provided by any such department, agency or organisation.
• Without limiting the generality of the above:
  • Data sourced from the Port of Melbourne Corporation ("PoMC") is provided for your information only and you are required to verify the information for yourself.
  • PoMC has no liability for any damage, loss or injury howsoever caused arising out of any use of, or reliance on any data or information sourced from PoMC.
  • You must not distribute, publish, re-sell or reproduce any data or information sourced from PoMC without an express licence from PoMC.

Communications and Security

Given the nature of electronic communications networks including the Internet, you acknowledge that we cannot guarantee the eDIT System will be free from viruses, or continuously available or up-to-date or fault free.

You acknowledge that communicating through electronic communications services (including public networks such as the Internet) carries risks. These include the risk that communications may be read by unauthorised person or that a persons may try to impersonate another person in order to send communications on that other person's behalf without their authority.

 

Smart Client

You will need to download the Smart Client to be able to use the transactional functions of the eDIT System. The Port Authority of Valencia ("PAV") will permit you to download the Smart Client from a link on the Portal subject to you agreeing to terms of use with the PAV. We are not responsible for and exclude (to the maximum extent permitted by law) all liability for loss or damage that you may suffer or incur in respect of your use of the Smart Client. You agree to use (or, if you are an Organisation, you agree to ensure that your registered users use) the Smart Client in accordance with the PAV's terms of use.

Intellectual Property

Copyright in the material on the eDIT System is owned by us or our licensors. Except where necessary for viewing the eDIT System material on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Conditions of Use, no material on the eDIT System may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent. You may distribute or transmit material on the eDIT System only to the extent that such distribution or transmission is effected using the Smart Client as contemplated by the eDIT System.

Subject to the section entitled "Liability" in these Conditions of Use, we make no warranty to you in relation to:
 

1. any software which you source from us or from a third party (including the Smart Client software); or
    
2. the adequacy or performance of software which we make available to you.

Where you install or download any software from us (including through the eDIT System) on to your IT system, you agree we are not responsible for any loss suffered by you or any third party arising out of the installation or downloading of the software or the operation of than software in your IT system. You indemnify us against any claim by any third party arising out of the
installation, downloading or operation of the software.

Liability

To the extent permitted by law, we exclude all warranties, conditions and representations in relation to the subject matter of these Conditions of Use, except as expressly stated in these Conditions of Use.  If a term is implied by law into these Conditions of Use and the law prohibits a provision in an agreement from excluding, restricting or modifying that term, then that term will be included in these Conditions of Use.  However, to the maximum extent permitted by law, our liability for breach of that term will be limited, at our option, to the supply of the relevant services again or the payment of the cost of having those services supplied again.

Third Party Websites

The eDIT Portal contains links to other websites that are not operated or controlled by us.  Those links are provided for convenience only and may not be current.  Provision of a link should not be construed as an endorsement or approval of the third party website by us.  If any offers and/or statements related to any third Party web sites are made via the eDIT System, such offers and statements taken to be made by the owner of the third party web site, not by us.

Termination

These Conditions of Use and your access to the eDIT Portal or the Smart Client may be terminated by us at any time,  All restrictions on you, and all disclaimers and limitations of our liability will survive termination.

Law and Jurisdiction

The content, operation and interpretation of these Conditions of Use and information available on or through the eDIT System will be governed by the laws of Victoria. You agree to submit to the exclusive jurisdiction of the Courts of Victoria in the event of a dispute arising out of, or in connection with, the eDIT Portal website or these Conditions of Use.

Definitions

In these Conditions of Use:

"eDIT System" means the system by which the eDIT business functions are delivered to Organisations and their registered users, comprising of:
 

1. the Portal; and
2. the Smart Client for access to:
   1. transactional functions; and
   2. the general information and non-transactional functions which are also available on the Portal.

 "Organisation" means the legal entity (such as a sole trader, company or partnership) which is applying to register or which has registered with us to use restricted-access functions of the eDIT Portal and the Smart Client. Organisations will have registered users.

"Portal" means the publicly accessible website at www.connectfreight.com.au at which general eDIT information is made available with an interface for non-transactional functions. 

"Smart Client" means the software you download from a link on the Portal subject to terms of use agreed between you and the PAV, that allows your local applications to interact with, and use the transactional functions of, the eDIT System. For example, the softwaremay operate to collect and manipulate data to enable you to complete forms for submission to third parties (for example the Port of Melbourne Corporation) using the eDIT System. 

"We" and "us" means the Department of Transport, for and on behalf of the Crown in right of the State of Victoria and "ours" has a corresponding meaning. 

"You" means:

1. each Organisation; and
2. each person nominated by an Organisation as a user of the Smart Client and the other functions of the eDIT System.