Terms of Use of DVA Secure Services

General conditions
What is being done to ensure the security of this service?
Conduct
Copyright and Trademarks
Access
Privacy
Limitation on Liability
Variations
Applicable law
Termination
Survival

 General conditions


1. This document contains the terms and conditions that apply to your use of the DVA Secure Services maintained by the Department of Veterans' Affairs ('the Department').

2. By participating and continuing to use DVA Secure Services, you indicate your consent and agreement to these terms.

3. Your use of DVA Secure Services is governed by these terms and conditions and any additional terms and conditions that may be added from time to time in accordance with paragraph 23. In addition to the terms contained in this document there are also specific terms and conditions that form part of the terms of use of, and access to, certain departmental systems that are run through DVA Secure Services. You are also bound by these additional terms and should review them whenever you access these other systems.

[Back to Overview Listing]
 

 What is being done to ensure the security of this service?


4. Anyone who uses this service should note there are inherent risks associated with transmission of information via the Internet. You should make your own assessment of the potential risks to the security of information when making a decision as to whether or not you should use DVA Secure Services. You should also take all reasonable steps to ensure the security of your DVA Secure Services password and computer contents. The DVASS SECURITY INFORMATION page contains further information on Internet Security practices.

5. The Department is responsible for the security of information when it is collected by the Department, stored on, or passing through our systems. Only authorised personnel and users will be permitted access to information that passes through our systems. All information collected or passing through our systems will be treated in accordance with relevant legislation or other legal requirements for the protection of the confidentiality and privacy of that information. Our systems are only to be used for transferring information classified up to and including the X-IN-CONFIDENCE security level (excluding CABINET-IN-CONFIDENCE).

6. The Department will keep the amount of information collected by, stored on or passing through our systems to an absolute minimum and will only use this information for lawful purposes. The Department will use appropriate security arrangements to prevent the unauthorised modification of any information that is collected by, stored on or passing through our systems. Action will be taken to audit and log all security related events, including the recording of all necessary information to identify the causes of an event and the person or entity which was responsible for the event. Where such an event occurs, steps will be taken to minimise the risk of such an event from occurring in the future. Such steps may lead to further investigation and possible prosecution.

[Back to Overview Listing]
 

 Conduct


7. You must not use DVA Secure Services for any purpose that is unlawful or prohibited by these terms. You agree to abide by all applicable Australian laws and regulations and all applicable codes of conduct. One of the relevant Codes that you agree to be bound by is the APS Code of Conduct.

8. In particular, you agree not to:
(a) use DVA Secure Services to disparage, defame, abuse, harass, stalk, threaten or otherwise offend others;
(b) publish, distribute, e-mail, transmit or disseminate any material which is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
(c) engage in or promote surveys, contests, pyramid scheme, chain letters, unsolicited e-mailing or spamming via DVA Secure Services;
(d) impersonate any person or entity;
(e) upload, post e-mail, transmit, or otherwise make available using DVA Secure Services any material that you do not have a right to make available under any law or contractual obligation or which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.

9. The Department retains the right at all times to monitor, retain or disclose any information as necessary to satisfy any applicable Australian law, regulation or legal process.

[Back to Overview Listing]
 

 Copyright and Trademarks


10. All material in DVA Secure Services is subject to the copyright of the Commonwealth of Australia or third party licensors.

11. What you can do: Unless otherwise permitted by the Department, you may only reproduce material from DVA Secure Services for your personal use. For the purposes of this provision, this entitles you to download a copy of material from DVA Secure Services to the local hard drive of your computer and to print extracts from DVA Secure Services.

12. What you cannot do: You cannot copy any of the material contained in DVA Secure Services or otherwise incorporate into or store in any other web site, electronic retrieval system, publication or other work in any form. In addition, you cannot provide a link to DVA Secure Services from any other website without the prior written consent of the Department.

13. Trademarks may be displayed on DVA Secure Services from time to time. These may belong to third parties. Nothing displayed in DVA Secure Services should be construed as granting a licence or right of use of any logo or trademark displayed on DVA Secure Services, without the express written permission of the relevant owner.

[Back to Overview Listing]
 

 Access


14. Only people who are authorised may access DVA Secure Services. Any person who attempts to access or gains unauthorised access to DVA Secure Services or any part of DVA Secure Services will be prosecuted pursuant to the provisions of the Cybercrime Act 2001

15. Any transaction authenticated by use of your passphrase will be presumed to be authorised by you.

16. Although the Department will do its best to provide constant, uninterrupted access to DVA Secure Services, the Department can not and does not guarantee this. The Department accepts no responsibility or liability for any interruption or delay.

[Back to Overview Listing]

 

 Privacy


17. The DVA Privacy statement governs the use of the data and information collected and transmitted through DVA Secure Services.

18. Individual applicants for use of the DVA Secure Services should be aware that personal information provided in the form will be used to enable the applicant to access the DVA secure online services and for (indicate any other use of the personal information provided by the applicant).

[Back to Overview Listing]
 

 Limitation on Liability


19. The information provided in DVA Secure Services is made available on the understanding that the Department is not engaged in rendering professional advice. The Department makes no representations about the suitability of the content of DVA Secure Services for any purpose beyond those that you are expressly authorised to rely upon. The Department does not warrant the adequacy, accuracy, timeliness, or completeness of the information in DVA Secure Services.

20. The Department makes no warranty by providing this service, including (to the extent permitted by law), implied, express or statutory. This includes that there are no warranties given about:
(a) the fitness for a particular purpose;
(b) freedom from computer virus;
(c) merchantability,
(d) non-infringement of third party rights; or
(e) title.

21. Before relying on the material or information provided in DVA Secure Services, you should:
(a) carefully evaluate its accuracy, currency, completeness and relevance for your purposes; and
(b) obtain any appropriate professional advice relevant to your particular circumstances.

22. The Department will not be liable for any loss arising out of, or in any way connected with:
(a) any person's use or inability to use this service, or
(b) any failure of this service.

23. This limitation of liability:
(a) applies even if you advised the Department of the possibility of any loss; and
(b) does not apply to the extent that it would be inconsistent with any laws of the Commonwealth of Australia.

24. You also agree to indemnify the Department (including the Commonwealth and the Repatriation Commission) against any loss it reasonably incurs arising from
(a) your intentional or reckless misuse of the service (eg, introducing a computer virus); or
(b) your breach of these terms and conditions.

[Back to Overview Listing]
 

 Variations


25. These terms may be varied from time to time. Please ensure that you review these terms of use regularly as you will be deemed to have accepted a variation if you continue to use the site after the variation has been posted.

[Back to Overview Listing]
 

 Applicable law


26. These terms and conditions will be governed by and construed in accordance with the laws of the Australian Capital Territory.

[Back to Overview Listing]
 

 Termination


27. The Department may terminate without notice your access to DVA Secure Services if you:
(a) disclose your user name and ID to any other person;
(b) engage in conduct or encourage others to engage in conduct set out the section headed "Conduct"; or
(c) otherwise breach these terms and conditions.

[Back to Overview Listing]
 

 Survival


28. All restrictions, licences granted to you and all limitations of liability by the Department will survive termination.

[Back to Overview Listing]
 

 
Logout  |  Home  |  Change Passphrase  |  Terms of Use  |  Help
 
  Copyright  |  Disclaimer  |  Privacy  |  Australian Government 2003