[email protected] terms and conditions

The VicRoads Learning Management Solution (LMS) provides its customers and partners with the ability to process certain transactions online. Access to and use of the LMS is subject to these Terms and Conditions. 

By registering an account on or using the LMS you will be deemed to have accepted and agreed to be bound by these Terms and Conditions as updated from time to time. If you do not agree to these Terms and Conditions, or any changes to them, do not register on or use the LMS. 

Who do the Terms and Conditions apply to?

These Terms and Conditions apply to:

  • an individual who registers an account on the LMS and;
  • a person who accesses or uses the account; and 
  • any entity (including a VicRoads customer, partner or service provider) on whose behalf an individual registers an account on or accesses and uses the LMS, each being referred to as 'you' or 'your' in these Terms and Conditions.

In accessing and using the LMS, you warrant:

  • you have the authority of any entity you represent to use the LMS on its behalf and to legally bind it to these Terms and Conditions. You must inform any entity you represent of these Terms and Conditions and its responsibilities under these Terms and Conditions; and
  • you, and any entity you represent, will comply with all directions and requirements of the LMS in relation to any transactions you perform using the LMS. 

Service specific terms and conditions

Services available through LMS may be subject to additional terms and conditions, disclaimers or notices displayed on the VicRoads website from time to time. You agree to read and comply with any such additional terms and conditions, disclaimers or notices presented to you on the VicRoads Website. By accessing or using any service on the LMS, you will be deemed to have accepted and to agree to be bound by any additional terms and conditions, disclaimers or notices which apply to that service.

If you are, or the entity you represent is, party to a contract or agreement with VicRoads that authorises or requires transactions with VicRoads to be processed online, any terms and conditions of that agreement that apply to the online transactions will apply to your use of the LMS and you agree to comply with those terms and condtions.

Authentication details and security

You agree:

  • to keep your user name, password and any other security details for your access to LMS (Authentication Details) confidential and secure;
  • not to permit any other person to use your Authentication Details to access the LMS; 
  • to immediately change your Authentication Details on the LMS and notify VicRoads if you believe your Authentication Details have been compromised; and
  • not to access or seek to access any other person's LMS account.  

VicRoads is entitled to assume that all transactions using your Authentication Details are undertaken by you (unless you have told VicRoads that your Authentication has been compromised).

While VicRoads will take all reasonable precautions to ensure that the LMS is secure, no data transmission over the Internet can be guaranteed as totally secure. Accordingly, VicRoads cannot ensure the security of any information you transmit to or from the LMS, and you do so at your own risk.  

While VicRoads has used reasonable endeavours to ensure that the site is virus free, VicRoads denies liability (to the maximum extent allowed by law) for any virus-related damage or loss resulting from your interactions with the site.

Access and use of services 

You acknowledge and agree that VicRoads may:

  • make changes to the LMS, or discontinue the operation of the LMS, at any time and with or without notice to you;
  • notify you of changes to the LMS through information and notices available to you when you access the LMS; 
  • monitor your access to the LMS; and
  • cancel your access to LMS for any reason, including if VicRoads believes:
    • your access has been used to perform an unauthorised transaction;
    • you breach these Terms and Conditions; or
    • you are no longer eligible or authorised to access the LMS; 

Your access to the LMS depends on telecommunications and internet service providers and other external factors and VicRoads does not guarantee the availability of the LMS at all times or at any specific times. Notices regarding planned system outages will be made available on VicRoads' website.

In using LMS, you agree to:

  • recognise the electronic records made by VicRoads of any transactions you perform using LMS; and
  • retain a saved copy or print-out of all transactions you perform for your records.

Email and SMS Alerts

By setting up a LMS account, you agree that VicRoads may communicate with you by email or SMS alerts, when required by VicRoads. If you do not want to receive email or SMS alerts from VicRoads, do not register on or use the LMS.  It is your responsibility to ensure that your registered email address and mobile phone number remain current. You can update these details on the LMS.

Provision of information

You agree to provide true and correct information through the LMS and you declare that all information you provide is true and correct.  

It is your responsibility to verify that all transaction details are correct before you complete the transaction. VicRoads will not be liable to you or any other person for any claim, loss, liability, damages or expense suffered or incurred as a result of the inaccuracy or incompleteness of any information provided by you or for any action taken by VicRoads in reliance on that information. 

Disclaimer of warranties and representations

Except as required by law, VicRoads gives no express or implied warranties or guarantees, and makes no representations, in relation to use of the LMS. In particular, VicRoads does not warrant or represent:

  • your system will meet the minimum requirements to enable your use of the LMS; 
  • information provided on the LMS is accurate, complete or suitable for any purpose;   
  • the LMS and its services are free from any computer viruses or defects; or 
  • your access to the LMS or any services will be continuous or uninterrupted.

Liability of VicRoads

If any legislation implies or applies in these Terms of Conditions any condition, warranty or guarantee, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under the condition, warranty or guarantee, the condition, warranty or guarantee is deemed to be included in these Terms and Conditions. However, to the extent permitted by law, VicRoads' liability for failure to comply with any such condition, warranty or guarantee is limited (at VicRoads' option, and as determined by it) to:

  • in the case of goods - to the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods or the payment of the cost of having the goods required (as determined by VicRoads); and
  • in the case of services - to the supplying of the services again or the payment of the cost of having the services supplied again (as determined by VicRoads). 

Except as specified in this section, to the extent permitted by law, under no circumstances will VicRoads be liable to you or any other person for any claim, loss, liability, damages or expense whatsoever (including any consequential, indirect or incidental damages) suffered or incurred under or in connection with these Terms and Conditions or any access to or use of the LMS, regardless of how they arise (whether by negligence or otherwise).

Indemnity

You indemnify VicRoads in relation to all loss and damage which is suffered (including but not limited to indirect or consequential loss) by VicRoads as a direct or indirect result of you acting inconsistently with or breaching any part of these Terms and Conditions.

Jurisdiction

These Terms and Conditions are intended to be legally binding on the parties and are governed by the laws of Victoria. The parties submit to the jurisdiction of the courts of Victoria. 

Copyright

Copyright in the material on the LMS is owned by VicRoads or its licensors. 

You may download information from the LMS and print out that information, but only for your own private use or internal business operations. Otherwise, except as permitted by the Copyright Act 1968 (Cth), no part of the LMS may be reproduced, copied, published, framed, or transmitted in any form or by any means without the prior written consent of VicRoads. 

Privacy statement

Personal information VicRoads collects from you through the LMS will be used and may be disclosed for the purpose of the transaction you are conducting, and may also be used or disclosed as authorised or required by the Privacy and Data Protection Act 2014, the Health Records Act 2001, the Road Safety Act 1986 and the Marine Safety Act 2010. VicRoads may disclose personal information it collects from you to various organisations and persons including contractors, agents and service partners of VicRoads, law enforcement agencies, toll road operators, revenue and social security agencies, other road and traffic authorities, municipal councils, the Transport Accident Commission, vehicle manufacturers (for safety recalls), road safety researchers, courts and other organisations or people authorised to collect and use personal information held by VicRoads. Some of these organisations and persons may be located outside of Victoria, and as a result, your personal information may be transferred outside of Victoria.

Some personal information you are asked to provide when using the LMS may be required by the Road Safety Act 1986 or Marine Safety Act 2010. The information required to be provided will depend on the transaction. Failure to provide the information may result in a transaction not being processed.

For further information about VicRoads' collection, use, disclosure and handling of your personal information and your right of access to it, see VicRoads brochure Protecting your privacy or contact VicRoads on 13 11 71.

You agree that VicRoads may collect and deal with personal information you provide in accordance with this privacy statement. If you provide personal information about another individual, you warrant that you have made that individual aware of the details in this privacy statement and that the person consents to the personal information being provided to VicRoads.

Changes to these Terms and Conditions

VicRoads may amend these Terms and Conditions from time to time by posting the amended version on the LMS. Subsequent or continuing access or use of the LMS will constitute acceptance of any changes. 

If any part of these Terms and Conditions is or becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have an effect as close as possible to the effect of the void part.

Accessibility of this website

We are working towards compliance with Level A and Level AA checkpoints of the W3C Web Content Accessibility Guidelines. We welcome any feedback you might like to give us especially where you feel we are not compliant or could provide better accessibility.

Printed copies of documents

If you would like us to send you a printed copy of any document on this site, please contact us to request it from the relevant area within VicRoads

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