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Terms and Conditions of VEVO Use By Organisations - Inquiry Stage

Please read these terms and conditions carefully.

To access this VEVO website you must have an organisation ImmiAccount. To use this website you must accept the following terms and conditions.

The commonwealth may amend these terms and conditions from time to time, and as such, you should review the terms and conditions each time you access this website.

Terms and Conditions

This Agreement is made between Commonwealth of Australia, represented by the Department of Home Affairs (the Commonwealth) and the person that has received User Account details and logs on to use this Website (you).You require information about the visa status of affected persons, and to assist it in achieving certain policy objectives, the Commonwealth has offered to provide this service on the terms set out in this Agreement. You have agreed to accept the offer by the Commonwealth on the terms set out in this Agreement.

Definitions

‘Agreement’ means the legally binding agreement that comes into effect when you accept these terms and conditions. Your acceptance of these terms and conditions is signified by your completion of the login process, and clicking on the ‘I agree to the terms and conditions’ button, on the VEVO ‘Check visa entitlements’ screen.

‘Commonwealth’ means Commonwealth of Australia, represented by the Department of Home Affairs.

‘Permitted Purpose’ means the purpose for which the User Account was issued, which is:

  1. In the case of employers, labour suppliers, industry bodies and background screening or economy sharing companies, the purpose of determining a person’s entitlement to work in Australia;
  2. In the case of educational institutions, the following purposes:
    1. determining a person’s eligibility to study in Australia; and
    2. informing a person who is enrolled at the institution of his or her entitlement to work in Australia
    3. In the case of bodies issuing licences, permits or identity cards which allow the holder to perform some kind of work, the purpose of determining a person’s suitability to hold the relevant licence, permit or identification card;
    4. In the case of government agencies providing services to the public, the following purpose of determining a person's:
      1. residence status where this is necessary to assess the person’s eligibility for services provided by that agency; or
      2. immigration status where this is necessary to assess the person’s eligibility for services provided by that agency;
      3. In the case of registered migration agents, the following purposes:
        1. determining a person’s immigration status to assist in the provision of immigration assistance; and
        2. informing a person of his or her right to work in Australia;
        3. In the case of financial institutions, the purpose of determining a person’s residence status in order to assess the person’s eligibility open new accounts or for finance; and
        4. In the case of officers of Medicare Australia, the purpose of assisting in determining a person’s eligibility for Medicare.
        5. ‘Registered Person’ means the registered primary user, whose details are provided during the registration process, and to whom the Commonwealth has allocated a User Account.

          ‘Services’ means all materials, information, software, services and consequential changes included in or available through the Website.

          ‘User Account’ means the account that is created by the Commonwealth, the details of which have been issued to you by the Registered Person.

          ‘VEVO Website’ means this Visa Entitlement Verification Online website.

          ‘You’ means the person that has been provided with User Account details by the Registered Person, which are used to log on to this Website.

          Disclaimer

          1. The Commonwealth provides the Website, and all Services, on an ‘as is’ and ‘as available’ basis for your use.
          2. The Commonwealth will endeavour to ensure that information provided through the Website is accurate, but:
            1. makes no statements, representations or (to the full extent permitted by law) warranties that the content of the Website and information accessed through the Website is, or will be at any time throughout the term of this Agreement, accurate, complete, reliable, correct or free from error or omissions; and
            2. makes no representations about the suitability of information provided on the Website for any particular purpose.
            3. You should make your own judgements about those matters and should seek independent advice before taking any action based on information accessed via the Website.
            4. If you rely upon information accessed via the Website that is incorrect, and such reliance results in you being in breach of Australian legislation, to the extent permitted by law, the Commonwealth will take into account your reliance on such information in determining whether the matter will be referred to the Director of Public Prosecutions for prosecution, and deciding whether any other action should be taken.
            5. To the extent permitted by law, the Commonwealth does not warrant that:
              1. the Website will be available at any particular time or location;
              2. the Website service, and access to it, will be uninterrupted;
              3. any defects or errors will be corrected; or
              4. the Website and its content are free from viruses or other harmful components.
              5. As a result of hacking or other behaviour that is outside the control of the Commonwealth, information or materials that may be offensive, pornographic, unsuitable for minors’ access or otherwise of a criminal or violent nature may be accessible through the Website. The Commonwealth makes no representations or warranties as to the suitability of the information accessible for viewing through the Website.
              6. You assume all risks associated with the use of the Website, including (without limitation):
                1. The risk that the content of the Website and linked websites complies with the laws of any country outside Australia.
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                  No Liability

                  1. To the extent permitted by law, the Commonwealth is not liable, and excludes all responsibility for, any direct, indirect, punitive, incidental, special or consequential damages that result in any way from your use of or inability to use the Website or your reliance on or use of the Services accessible through the Website, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not the damages are caused by any negligence on the part of the Commonwealth, its agents, officers or employees.
                  2. You agree to indemnify the Commonwealth from and against any loss, cost or expense incurred arising from any claim, suit, demand, action or proceeding by any person against the Commonwealth arising from your use of the Website.

                  User Access

                  1. The Commonwealth will restrict access and use of the Website, or portions thereof, through the allocation of a User Account.
                  2. You must:
                    1. maintain the confidentiality of the User Account details of the Registered Person, and not disclose the details to any third party;
                    2. be fully responsible for all activities that occur through the use of your User Account details;
                    3. obtain the consent of the person about whom an inquiry is made each time you use the Website (Affected Person). So that he or she can make an informed decision about whether to allow access to their personal information. You must clearly explain to the Affected Person:
                      • the purpose of the inquiry;
                      • the information to be obtained; and
                      • the fact that if the Affected Person is not entitled to be in Australia, the Commonwealth may use the information described in Site visa data subclause 5 to locate the Affected Person.
                    4. You are expressly prohibited from using the Website to make enquiries about an Affected Person if that person’s consent has not been obtained pursuant to the User Access clause 2(c).
                    5. You must use this Website only for a Permitted Purpose.
                    6. You must:
                      1. immediately notify the Department of any unauthorised use of the User Account or any other breach of security; and
                      2. ensure that your web browser is closed at the end of each session. Failure to do this may result in personal information provided through this website being disclosed to third parties in contravention of the Privacy Act 1988 (Cth).
                      3. The Commonwealth may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content available at the Website. The Commonwealth may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability to you or any other person.
                      4. Copyright

                        1. The Commonwealth retains copyright of the Website as a whole and all material on the site that is authored by the Commonwealth. You may use any of the material accessed via the Website for your personal use or use within your organisation, for a Permitted Purpose, provided that an appropriate acknowledgement is made (retaining this notice) and the material is not altered in any way. You may not commercialise this material without the permission of the Commonwealth.
                        2. Any external site images used on the Website are used with the permission of the managers of those sites. You must refer to the copyright statements at those sites before making use of the external site materials.
                        3. Apart from any use as permitted under the Copyright Act 1968, all other rights are reserved.

                        Term of Agreement and Severability

                        1. The Agreement commences when you indicate your acceptance of these Terms and Conditions by clicking on the ‘I agree to the terms and conditions’ check box, and remains in force until it is terminated pursuant to the Termination clause.
                        2. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and the Commonwealth with respect to the Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic).
                        3. If any part of these Terms and Conditions is held invalid or unenforceable the remaining portions remain in full force and effect.
                        4. The clause titles are for convenience only and have no legal or contractual effect.

                        Termination

                        1. The Commonwealth may, in its sole discretion, to terminate this Agreement at any time. If the Agreement is terminated, your access to the Website, or an area of the Website, will be withdrawn immediately and without notice.
                        2. Where the Commonwealth has terminated your access to the Website, the User Account you have been issued will cease to be valid and you will be unable to access the Website.
                        3. If the Commonwealth terminates your access under this Agreement, as directed by the Commonwealth - you must destroy or return to the Commonwealth:
                          1. any User Account details that you hold; and
                          2. any other data or records that you accessed via the Website and are still in your possession,
                          3. The Commonwealth will not be liable to pay compensation for or related to termination of this Agreement and you will not be entitled to compensation for any loss, damage or expense incurred as a result of the termination.
                          4. Survival

                            1. If access is terminated the under Termination clause or you cease using the Website the terms and conditions of this Agreement will survive.

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                            Privacy

                            1. You acknowledge that:
                              1. Personal information is protected by law, including the Privacy Act 1988
                              2. the Privacy Act 1988 defines personal information as ‘information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual, or an individual who is reasonably identifiable’;
                              3. You have read the information contained in the Privacy Notice.
                              4. The Commonwealth manages the VEVO Website, however the Commonwealth is not responsible for the content and the privacy practices of other web sites linked to the VEVO Website and encourages you to read each site’s privacy policies.
                              5. Personal information provided to us is be treated confidentially and will only be used and/or disclosed in accordance with your consent and/or the provisions of the Privacy Act 1988.
                              6. Security of information

                                1. You agree to keep any data or records accessed as a result of your use of the Website confidential, and not to disclose such data or records to any third party, without obtaining prior authorisation for such disclosure from the Commonwealth.
                                2. To ensure that confidentiality of data or records accessed as a result of your use of the Website is maintained, you agree to take all reasonable steps to store any hard copy records that are made securely at your premises.
                                3. If your use of the Website results in you accessing data or records about an individual that you were not seeking information about, you agree to:
                                  1. immediately destroy any hard copies of such information that were made; and
                                  2. as soon as practical, to notify the Commonwealth that such information had been accessed in error.
                                  3. While the Commonwealth aims to provide a secure web-based environment, you acknowledge that you are aware of and accept that there are inherent risks associated with the transmission of information via the Internet.
                                  4. Site visit data

                                    1. You acknowledge that the Commonwealth operates the Website with outsourced technical assistance.
                                    2. When visiting the Website, a record of your visit will be logged. Information is recorded for statistical purposes and is used by the Commonwealth to monitor the use of the Website, discover what information is most and least used and to make the Website more useful where possible.
                                    3. The information logged when you access the Website includes:
                                      1. Your User Account;
                                      2. Your IP or server’s address;
                                      3. The date and time of your visit to the site;
                                      4. The pages accessed;
                                      5. Your operating system (for example, Windows NT, Windows 95, MAC etc);
                                      6. Your web browser version and type (for example, IE4, IE5, Netscape 4 etc);
                                      7. The time taken to transmit information to you; and
                                      8. The previous Internet address from which you came directly to the Website.
                                      9. This information may be used in the event of an investigation into apparent improper use of the Commonwealth’s VEVO facility, or where a law enforcement agency exercises a warrant to inspect the Internet Service Provider’s logs.
                                      10. If your inquiry is about a person who is not entitled to be in Australia, the Commonwealth may use this information to help locate that person.
                                      11. Governing law and jurisdiction

                                        1. These terms and conditions are governed by the law in force in the Australian Capital Territory (ACT) and any dispute about these terms or the contents of the Website are subject to the exclusive jurisdiction of the Supreme Court of the ACT.