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ESVConnect – Access Agreement and Terms of Use

Last revised: February 2022

Welcome to the ESVConnect Online Portal (Portal).

The Portal is the property of the Victorian Energy Safety Commission trading as Energy Safe Victoria (Energy Safe), a body established under the Energy Safe Victoria Act 2005.

1.Your use of the portal
1.1This Access Agreement (Agreement) sets out the terms of use that apply to your use of the Portal.
1.2Please read the terms of this Agreement carefully. These terms apply each time you use the Portal. In order to use the Portal you must accept this Agreement by clicking the “ACCEPT” button below. You must not click the “ACCEPT” button unless you agree to the terms of this Agreement.
2.Limited right to use of the Portal
2.1Energy Safe owns the Portal and grants you a right to access and use the Portal for the purpose of accessing Energy Safe's online services.
2.2You acknowledge and agree that all rights, including (without limitation) intellectual property rights, in the Portal and any modifications, enhancements or changes to the Portal remain vested in Energy Safe.
3.General access conditions
3.1Any costs associated with your access to, and use of, the Portal are your responsibility.
3.2You must not use the Portal except for the purposes of interacting with Energy Safe.
3.3You must ensure that all data and information that you upload or enter into the Portal (Your Data) (and any representations made by Your Data) are at all times correct, accurate, up to date and compliant with all applicable laws, the terms of this Agreement and any applicable guidelines or procedures issued by Energy Safe from time to time.
3.4You must not add any information to the Portal that is (or amend any information on the Portal so that it is) inaccurate, false, misleading, fraudulent, defamatory, obscene, indecent, offensive, discriminatory or harassing.
3.5You must not knowingly introduce errors, software viruses or malicious code into, or do anything else to otherwise damage or compromise the security of the Portal.
3.6

In the event that you become or are made aware that you have entered incorrect or inaccurate data or information into the Portal, you must as soon as practicable:

(a) notify Energy Safe of the incorrect or inaccurate data or information; and

(b) immediately take all steps necessary to correct and remedy the incorrect or inaccurate data or information.

3.7

You acknowledge and agree that:

(a) Energy Safe may use Your Data for the purposes of administering the Gas Safety Act 1997, the Electricity Safety Act 1998 and the Pipelines Act 2005 (Acts) and the regulations made under the Acts (the Regulations);

(b) Energy Safe may use Your Data for investigating incidents or enforcing safety requirements, whether in connection with this Agreement or otherwise. For the avoidance of doubt, this includes using Your Data for the purposes of market surveillance and responding to complaints about safety or non-compliance with the Acts or the Regulations.

4.Security Codes
4.1Upon completing your registration, you will be issued with a user name and password for your account (Security Code). The password that you are issued with is temporary, and you must change it when you first access the Portal.
4.2You must not use any Security Code other than your own to access or use the Portal. You must not impersonate another person when accessing or using the Portal.
4.3You must ensure your individual Security Code is kept secure and confidential at all times.
4.4

You are responsible for any use of the Portal which occurs through use of your Security Code. If you become aware of any unauthorised access or use of your Security Code, you must immediately:

(a) notify Energy Safe; and

(b) change the Security Code to prevent unauthorised access to the Portal.

5.Security Obligations
5.1You must ensure that the Portal is kept secure from unauthorised access, use or modification. You must ensure that you do not engage in any activity which puts the security or integrity of the Portal at risk.
5.2You must comply with all laws, the terms of this Agreement and all guidelines, directions and procedures issued by Energy Safe from time to time in using the Portal.
5.3You must not interfere with or disrupt the integrity or performance of the Portal or attempt to gain unauthorised access to the Portal or the systems or networks on which the Portal is hosted.
5.4Energy Safe may suspend any or all access to, or use of, the Portal if there is an actual, threatened or suspected breach of security, including any unauthorised access or use of any Security Code or the Portal. You acknowledge and agree that any such suspension of the Portal is without any liability to Energy Safe.
6.Your Privacy Obligations
6.1You must ensure that you comply with all applicable privacy, spam control and data protection laws (including but not limited to the Privacy Act 1988 (Cth) and Spam Act 2003 (Cth)) in relation to any collection, storage, access, use or disclosure of personal information by you arising from or in connection with this Agreement.
6.2You must do all things necessary in regards to your own privacy policies or notices and under any applicable privacy laws to ensure that Energy Safe can store and use Your Data as contemplated by this Agreement.
7.Privacy Collection Statement
7.1Your Data (including any personal information) is collected by Energy Safe for the purpose of interacting with Energy Safe and processing any applications made through the Portal. Energy Safe collects, stores and uses your personal information in accordance with Energy Safe's Privacy and Data Security Policy. Read the policy: Privacy
7.2You can access any personal information Energy Safe Victoria holds about you. Contact the Energy Safe Privacy Officer on 9203 9700 or email: privacy@energysafe.vic.gov.au for further information.
7.3Your Data will be used by authorised staff for the purpose for which it was collected (including for the purposes of investigating any incident or complaint and for monitoring and enforcing compliance with the Acts and Regulations) and Your Data will be protected against unauthorised access and use.
7.4Your Data may also be passed on to other government agencies if Your Data is reasonably required for that organisation to carry out its functions and duties including the carrying out of any investigation or for monitoring and enforcing compliance with any laws.
8.Web statistics
8.1The Portal uses Google Analytics, specifically cookies, to track usage of the Portal and to provide you with a more efficient and personalised experience. The use of cookies does not identify you personally. Energy Safe agrees that it will not match any data collected by Google with any personal information held by Energy Safe. For more information about Energy Safe's use of cookies, see Privacy
8.2You acknowledge and consent to Energy Safe coding the Portal with Google Analytics software.
9.Fault Reporting
9.1You must report any fault, interruption, defect or malfunction in the Portal to Energy Safe as soon as possible after becoming aware of such fault, interruption, defect or malfunction.
9.2No maintenance, support or other services are provided under this Agreement. However, to the extent that you wish to raise technical queries regarding the Portal these enquiries must be directed to Energy Safe.
10.Portal Maintenance
10.1You acknowledge and agree that Energy Safe may suspend access to, and use of, the Portal in order to perform scheduled work on the Portal, undertake urgent repairs or maintenance, or where required to do so by law. Where possible and practicable, Energy Safe will use reasonable endeavours to provide you with reasonable prior notice of any such interruption or suspension.
10.2You acknowledge and agree that any interruption or suspension of the Portal is without any liability to Energy Safe.
11.No Warranties
11.1

You acknowledge that the Portal is provided on an “as is” basis and that your use of the Portal is solely at your own risk. Energy Safe makes no guarantees or representations:

(a) as to the availability or performance of the Portal;

(b) about the content of the data or information in the Portal, including any warranties that such data or information is complete, accurate or does not infringe any person’s rights, including intellectual property rights; or

(c) that the Portal will be error free.

11.2Information in the Portal may change and it is your responsibility to check the currency of information from time to time and do all such things as are necessary to comply with your obligations under this Agreement.
12.Liability
12.1

You acknowledge and agree that Energy Safe (and their respective officers, agents or employees) have no liability in contract or in tort (including negligence) or otherwise for any loss or damage (including indirect, special and consequential loss or damage) which may be suffered or incurred by you or any member of the public arising directly or indirectly as a result of your use of the Portal, including any loss or damage arising from:

(a) any breach of this Agreement

(b) termination of this Agreement

(c) any unavailability of, or any defect in, the Portal or any information uploaded by you to the Portal or

(d) the contents of the Portal.

12.2You are solely responsible for the accuracy and quality of your data.
12.3You indemnify and keep indemnified Energy Safe and their respective employees, officers and agents (those indemnified) from and against any loss, damages, costs (including reasonable legal costs), expenses or liability incurred or suffered by those indemnified arising from or in connection with your use of the Portal, any breach (whether by act or omission) of this Agreement by you and any breach by you of any applicable guidelines or procedures issued by Energy Safe from time to time.
13.Force Majeure
13.1A party will not be liable for any delay or failure to perform its obligations under this Agreement if such delay is due to Force Majeure. If a delay or failure of a party to perform its obligations is caused by Force Majeure, the performance of that party’s obligations will be suspended while the Force Majeure continues.
14.Termination
14.1

Energy Safe may terminate this Agreement immediately if:

(a) you breach a material provision of this Agreement

(b) you breach a non-material provision of this Agreement that is not remedied within 10 days of a request from Energy Safe to do so
or

(c) the Portal is made permanently unavailable or discontinued for any reason.

14.2

Upon termination of this Agreement:

(a) all of your rights to use and access the Portal will immediately terminate

(b) except for any rights or obligations which have accrued prior to termination or which by their nature extend beyond termination, each party will have no further obligation to the other party under this Agreement.

15.Survival
15.1Without limiting any other provision of this Agreement, clauses 3.7, 13, 14, 16 and any other obligations in this Agreement which, by their nature, are continuing will survive the termination or expiry of this Agreement.
16.General
16.1Energy Safe may amend or update the terms of this Agreement from time to time by providing you with written notice. You will be taken to agree to such amended or updated terms if you continue to use the Portal after receipt of that notice.
16.2A single or partial exercise or waiver by a party of a right relating to this Agreement does not prevent any other exercise of that right or the exercise of any other right.
16.3Except as expressly stated otherwise in this Agreement, the rights of a party under this Agreement are cumulative and are in addition to any other rights of that party.
16.4This Agreement is governed by and is to be construed in accordance with the laws applicable in Victoria. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts exercising jurisdiction in Victoria and any courts which have jurisdiction to hear appeals from any of those courts and waives any right to object to any proceedings being brought in those courts.
16.5You must not assign or deal with any right under this Agreement without the prior written consent of Energy Safe. Any purported dealing in breach of this clause is of no effect.
16.6This Agreement contains the entire understanding between the parties as to the subject matter of this Agreement. No oral explanation or information provided by any party to another affects the meaning or interpretation of this Agreement or constitutes any collateral agreement, warranty or understanding between the parties.
16.7This Agreement is not intended to create a partnership, joint venture or agency relationship between the parties.

Date: 20/07/2024 8:23

The currency and accuracy of this information cannot be guaranteed once printed or saved to a storage device. If in doubt, please check the Energy Safe Victoria website for the current version.

Reviewed