Land Use Victoria (LUV) System Terms and Conditions


General Terms of Use for all LUV Systems

Specific Terms for non-Victorian State Government entities / staff

Specific Terms – Land Registry Compliance System


General Terms of Use for all LUV Systems

1.
Agreement
1.1.
By registering as a user of this Land Use Victoria System (System), you agree to be bound by these terms and conditions.
2.
Login and password details
2.1.
You must keep your user ID and password secure at all times. You must not disclose your user ID or password to, or share it with, others.
2.2.
You must maintain the confidentiality of your password at all times. You are fully responsible for all activities that occur through use of your password.
2.3.
Unauthorised use and allocation of passwords may lead to revocation of access to this System for you or your organisation.
2.4.
You must immediately notify if you become aware that your password details have been compromised or are known by a third party or there has been unauthorised use of your account and login details.
3.
General Purpose Information
3.1.
This website and any content derived from it are for general information purposes only. The content does not constitute advice or recommendations and should not be relied upon as such. You should make your own enquiries as to the appropriateness and suitability of the information on this site for your particular circumstances.
4.
Registration details
4.1.
You warrant that all information provided by you in your System registration or otherwise in connection with your use of this System is complete, current, and accurate and is not misleading, and that you will not misrepresent your identity.
4.2.
You agree that the Department may rely on that information unless and until it receives notice from you of any change or update to the information provided by you. Any such varied information will be covered by this warranty.
5.
Access to this System
5.1.
The accessibility and operation of this System relies on internet technologies outside of the Department’s control. The Department does not guarantee continuous accessibility or uninterrupted operation of this System.
5.2.
The Department will not be liable for any loss, damage, cost or expense resulting from any delay in operation or transmission, communications failure, internet access difficulties and malfunctions in equipment or software.
6.
System security
6.1.
The Department does not accept liability for the security, authenticity, integrity or confidentiality of any communications made through this System.
6.2.
Internet communications may be susceptible to interference or interception by third parties. Despite its best efforts, the Department makes no warranties that this System is free of infection by computer viruses or other unauthorised software. The Department will not be liable for any loss, damage, cost or expense resulting from any breach of a security measure (including viruses or other unauthorised software).
7.
Copyright
7.1.
This System and its contents are subject to copyright owned by the State of Victoria or a third party.
7.2.
You may only make copies of the content contained within this System to the extent permitted by the Copyright Act. You may not reproduce, adapt, modify, communicate to the public, or otherwise use any part of this System without written permission from the Department.
8.
Privacy
8.1.
Use of this System is subject to the Department’s privacy statement as published at https://www.vic.gov.au/department-of-transport-and-planning-privacy and varied from time to time.
8.2.
Your name and email will be stored in the application and will only be used for the following purposes:
a)
sending you emails from the System relevant to your role and transaction;
b)
administrative and audit purposes; and
c)
internal reporting purposes.
9.
Provision of this System
9.1.
The Department can:
a)
limit your ability to use this System;
b)
terminate your access to this System at any time;
c)
work out the times and periods during which System transmissions can take place;
d)
vary the terms and conditions of use of this System (so the terms and conditions applicable when you next use this System may be different from these Terms and Conditions); and
e)
review the activities of users of this System to ensure they are meeting the relevant terms and conditions of use.

Specific Terms for non-Victorian State Government entities / staff

10.
Indemnity
10.1.
You will be responsible for (and you indemnify us against) any loss or damage to any person arising from any one of the following:
a)
any breach by you of these Terms and Conditions;
b)
any wilful, negligent or unlawful act or omission by you in relation to, or in the course of using, this System.
11.
Limitation of liability
11.1.
The Department will not be liable for any loss, damage, cost or expense of any kind resulting from:
a)
the use or inability to use this System;
b)
unauthorised access or alterations of your transmissions to or from this System;
c)
activities resulting from the loss or misuse of your user ID, password or other access mechanism;
d)
statements or conduct of any third party; or
e)
any other matter relating to this System.
12.
Warranties
12.1.
Except as specified in these Terms and Conditions, the Department gives no implied or express warranties in relation to the use of this System. All statutory warranties are, to the fullest extent permitted by law, expressly excluded.
13.
Applicable laws
13.1.
Use of this System and these Terms and Conditions are governed by the laws of the State of Victoria.

Specific Terms - Land Registry Compliance System

14.
Acting on behalf of a Subscriber
14.1.
To use this System to communicate with and provide information to the Department on behalf of a Subscriber for the purposes of a Compliance Examination:
a)
You must be currently appointed by that Subscriber to access the System on the Subscriber’s behalf, and that appointment must not have been revoked; and
b)
If that appointment is based on you holding a certain position with the Subscriber, you must currently hold that position.




Definitions

In these Terms and Conditions:

Compliance Examination means a compliance examination in relation to a Subscriber conducted by the Registrar pursuant to section 33 of the ECNL;

Department means the Department of Transport and Planning;

ECNL means the Electronic Conveyancing National Law as adopted in Victoria by the Electronic Conveyancing (Adoption of National Law) Act 2013 (Vic), as amended from time to time;

Registrar means the Registrar of Titles under the Transfer of Land Act 1958 (Vic); and

Subscriber has the same meaning as in the ECNL.


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