1
Background
1.1
On behalf of the Registrar of Motor Vehicles (the
“Registrar”), the Motor Vehicle Registry (“MVR”) provides its
commercial business customers, categorised as Authorised Inspectors, Fleet
Operators and Licensed Motor Vehicle Dealers (its “Stakeholders”), with
the ability to process certain vehicle registration transactions online through
the MVR for Business service channel (the “MVR for Business”).
Access to and use of MVR for Business is subject to these Terms and
Conditions.
1.2
By registering an account on or using MVR for Business,
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 MVR for
Business.
2
Who do the Terms and Conditions apply to?
2.1
These Terms and Conditions apply to:
a)
an individual who registers an account on MVR for Business; and
b)
a person who accesses or uses the account; and
c)
an entity (including a MVR customer, agent, partner or
subcontractor) on whose behalf an individual registers an account on or access
and uses MVR for Business on behalf of the entity; and
d)
an individual (who has authority, or is acting in the capacity of the
Stakeholder) who registers an account on or access and uses MVR for Business on
behalf of the Stakeholder (“Principal User”); and
e)
a person who accesses or uses the account on behalf of the Principal
User (“Agent”),
each being
referred to as 'you' or 'your' or ‘I’ in these Terms and
Conditions.
2.2
In accessing and using MVR for Business, you
warrant that:
(a)
you have the
authority of any individual or entity you represent (either as Agent or
Principal User) to use MVR for Business on its behalf and to legally bind it to
these Terms and Conditions. You must inform any individual or entity you
represent of these
Terms and Conditions and its responsibilities under these Terms
and Conditions;
(b)
you, and
any individual or entity you represent (including as Agent or Principal User), agree
to comply with all instructions, directions and requirements of the MVR, the
Registrar, and any applicable materials and documentation, including but not
limited to; schemes, guides, policies, procedures, legislation, laws, regulations,
government policy or ministerial direction in relation to any transactions you
perform using MVR for Business, and the use of MVR for Business itself; and
(c)
you are responsible for any and all information and/or data
entered by way of, and any activity engaged in through the use of, including
any unauthorised access of, unregistered user use of, and submission or process
of any transactions on your behalf within (whether by an employee,
subcontractor or agent) your MVR for Business account.
3
Authorisation and Services
3.1
MVR authorises you to perform one or more of the
following services, including but not limited to:
(a)
Authorised Inspectors:
i.
roadworthy inspection; and
ii.
compliance check,
as appointed as an Authorised Inspector pursuant to section 7(2)
of the Motor Vehicles Act 1949 (NT) (the “Act”).
(b)
Fleet Operators:
i.
registration renewal;
ii.
interstate registration transfer to the
Northern Territory of Australia;
iii.
re-registration of a vehicle that has expired
for more than 12 months;
iv.
upgrade configuration of heavy vehicles; and
v.
lodge notice of disposal,
as the
registered owner, nominated operator or authorised individual by the registered
owner to act on their behalf pursuant to section 92A of the Act.
(c)
Licensed Motor Vehicle Dealers
i.
compliance check;
ii.
registration renewal;
iii.
interstate registration transfer to the
Northern Territory of Australia;
iv.
re-registration of a vehicle that has expired
for more than 12 months;
v.
upgrade configuration of heavy vehicles;
vi.
factory new registration;
vii.
ownership transfer of a vehicle registered in
the Northern Territory;
and
viii.
lodge notice of disposal,
as an officer appointed pursuant to section 7(2) of the Act,
(the “Services”).
4
Scope of authority
4.1
You must not act outside the scope of the
authority conferred by these Terms and Conditions.
4.2
You must not bind MVR in any way or hold
itself out as having any authority to do so except to the extent authorised by
these Terms and Conditions. Except as specifically permitted by these Terms and
Conditions or the Act, you are not authorised to assume or create obligations
on behalf of MVR and you must not incur any liability on behalf of MVR or in
any way pledge or purport to pledge MVR’s credit.
4.3
The authority of you to act as delegate of MVR
is limited to lawful acts.
4.4
You must not do anything which might adversely
affect the reputation of MVR.
5
Performance of Services
5.1
You must perform the Services:
(a)
diligently, accurately, competently,
ethically, and honestly;
(b)
to the standard of skill and care expected of
you (or someone who specialises in your field) as experienced in the provision
of the type of Services specified in these Terms and Conditions;
(c)
in a timely and expeditious manner so as to
meet any specific requirements made known to you by MVR from time to time;
(d)
in accordance with these Terms and Conditions;
(e)
in compliance with all laws; and
(f)
in accordance with any other policies,
schedules, guidelines or directions issued by MVR.
5.2
You must review MVR’s website, MVR for Business,
any extranet to which you are given access, regularly for updates of the MVR,
the Northern Territory Government (“NTG”), the Act, terms and conditions,
disclaimers, notices or any other guidelines or directions issued by MVR or NTG
from time to time.
5.3
By accessing or using such Services on MVR for
Business, you accept and agree to be bound by any additional terms and
conditions, updates, guidelines, directions, disclaimers or notices which apply
to that service.
5.4
You agree if you, or the Stakeholder you
represent is a party to a contract or agreement with the MVR, the NTG or the
Northern Territory of Australia that authorises or requires Services with the
MVR to be processed, you agree that these Terms and Conditions (in respect of
the Services that apply to MVR for Business) will take precedent.
6
Number plates
6.1
MVR will provide number plates and
registration labels (if applicable) to you in accordance with MVR procedures which
you must attach to the correct vehicles.
6.2
If you are authorised to use the nominated
system by MVR (from time to time) for the use by you to enable your order of
number plates online or electronically as an agent of MVR (the “
Ordering
System
”), then you must:
(a)
Order number plates via the Ordering System as
agent of MVR in accordance with these Terms and Conditions, the Act, any
applicable schedules and MVR procedures;
(b)
Assess on behalf of MVR whether the number
plates received are the correct plates, intact, in good condition and otherwise
in accordance with the requirements advised by MVR from time to time; and
(c)
Promptly report and return any number plates
which do not meet the requirements of clause
6.2 (b) above.
6.3
You must use number plates and registration
labels only for the provision of the types of Services specified in, and in
accordance with, these Terms and Conditions.
6.4
You must store all number plates and
registration labels in an area which:
(a) is locked; and
(b)
is accessible only by you.
6.5
You must issue all number plates received
under these Terms and Conditions by:
(a)
affixing the number plates to the relevant
vehicle; or
(b)
issuing the number plates to the registered
operator of the relevant vehicle; or
(c)
returning them to MVR, in accordance with any
schedules and MVR procedures.
6.6
Title to any number plates or registration
labels provided by MVR or any number plates ordered via the Ordering System
will remain vested with Registrar.
6.7
You must immediately notify any loss of number
plates or registration labels to MVR.
7
Authentication details, security, disclaimer
of warranties and representations
7.1
You agree:
(a)
to keep your user name, password and any other
security details for your access to MVR for Business (“Authentication Details”)
confidential and secure;
(b)
not to permit any other person to use your
Authentication Details to access MVR for Business;
(c)
to immediately change your Authentication
Details on MVR for Business and notify MVR if you believe your
Authentication Details have been compromised; and
(d)
not to access or seek to access any other
person's MVR for Business account.
7.2
MVR is entitled to assume that all Services performed
using your Authentication Details are undertaken by you (unless you have told
MVR that your Authentication has been compromised).
7.3
While MVR will take all reasonable precautions
to ensure that MVR for Business is secure, no data transmission over the
Internet or extranet can be guaranteed as totally secure. Accordingly,
MVR cannot ensure the security of any information you transmit to or from MVR for
Business, and you do so at your own risk.
7.4
While MVR has used reasonable endeavours to
ensure that MVR for Business is virus free, MVR denies liability (to the maximum
extent allowed by law) for any virus-related damage or loss resulting from your
interactions with MVR for Business or extranet.
7.5
Except as required by law, the Northern
Territory of Australia gives no express or implied warranties or guarantees,
and makes no representations in relation to use of MVR for Business. In
particular, the Northern Territory of Australia does not warrant or represent:
(a)
your Information Communication Technology
systems or services (including your internet providers) will meet the minimum
requirements to enable you use MVR for Business;
(b)
MVR for Business or its affiliated extranet
services are free of any computer viruses or defects;
(c)
information provided on MVR for Business is
accurate, complete or suitable for any purpose; or
(d)
your access to MVR for Business will be
continuous or uninterrupted.
7.6
The Northern Territory of Australia is not
liable for any loss or damage suffered by, or injury to, any person (including
yourself and any third parties) that may result in the use of MVR for Business.
7.7
Your access to MVR for Business depends on
telecommunications and internet service providers and other external factors
and MVR does not guarantee the availability of MVR for Business at all times or
at any specific times. Notices regarding planned system outages will be
made available on MVR's and/or NTG’s website.
8
Access and use of MVR for Business
8.1
You acknowledge and agree that MVR may:
(a)
make changes to MVR for Business, or
discontinue the operation of MVR for Business, at any time and with or without
notice to you;
(b)
notify you of changes to MVR for Business through
information and notices available to you when you access MVR for Business or
extranet;
(c)
monitor your access to MVR for Business; and
(d)
suspend and/or cancel your access to MVR for Business
for any reason, including but not limited to the reasonable belief of MVR that:
i.
your access has been used to perform
unauthorised Services;
ii.
you have breached these Terms and Conditions
or any other agreement in place between you and the MVR which regulates your
access to or use of your account with MVR for Business;
iii.
you are no longer eligible or authorised to
access MVR for Business;
iv.
you fail to meet any eligibility criteria,
lawful direction, procedures of MVR or compliance under the Act or other
relevant instrument;
v.
you fail to perform the Services to a
satisfactory standard;
vi.
you attempt to assign (by way of security or
otherwise) any right or interest under these Terms and Conditions;
vii.
you become insolvent within the meaning of
section 95A of the Corporations Act 2001 (Cth) (the “Corporations Act”)
or bankrupt within the meaning of section 5 of the Bankruptcy Act 1966 (Cth), including
any compounding or composition of debt with creditors;
viii.
a receiver, receiver and manager, official
manager, trustee, administrator, other controller, liquidator (as defined in
the Corporations Act) or similar official is appointed, or steps are taken for
such appointment, over any of the equipment or undertakings of you;
ix.
any of the directors, partners or employees or
you are involved in the provision of Services are found guilty of any offence
involving fraud or dishonesty, or any other offence which is punishable by
imprisonment (whether or not that person is imprisoned);
x.
you, or a director or employee are found
liable for a civil penalty under the Competition and Consumer Act 2010 (Cth),
or similar legislation; or
xi.
your delegation by the Registrar or authority
by the nominated operator or authorised individual under the Act, or role as
agent on behalf of MVR, or authority to act on the behalf of the registered
owner is suspended/cancel by MVR, the Registrar, or the individual who has
provided the authority.
8.2
On the suspension and/or cancellation of your
access to MVR for Business, you must (at MVR’s discretion):
(a)
promptly return to MVR; or
(b)
allow to be recovered by MVR,
all number
plates and registration labels in its possession or control within 7 calendar
days; and
(c) cease to use number plates and registration labels; and
(d) cease to perform the Services.
9
Control management
9.1
In using MVR for Business, you agree to:
(a)
create and maintain full and accurate electronic
records of the Services performed using MVR for Business, including;
i.
vehicle registration details, including details of transfer and
renewal of vehicle registration;
ii.
personal details;
iii.
inspection details;
iv.
number plates ordered via the Ordering System (including relevant
invoices and other records);
v.
number plates issued; and
vi.
vehicle disposal details,
and ensure that all
electronic records
of
Services performed are retained or saved as in your custody and control and in
an accessible and secure form for the later of a period that you or MVR are
required by law to retain them.
(b)
you must provide MVR
with the records referred to in this clause
9.1(a) at MVR’s request, within48 hours of when the request was made.
10
Payments
10.1
You agree to pay the fees associated with the transactions
you perform using MVR for Business. Payment instructions submitted before the
cut-off time for a banking business day will be processed on the same day, and
payment instructions submitted after the cut-off time for a banking business
day may be processed on the next business day following the payment
instruction.
10.2
You are responsible for ensuring that any payments you make
by credit card are made only using a valid credit card and that your stored credit
card details remain current. If you pay by debit or credit card, you are
responsible for ensuring you have sufficient funds in your account for the
payment.
10.3
Services that are paid using credit card are processed in
real time and will be valid from the time your receipt number is issued.
10.4
If any payment instruction you make on MVR for Business is not
successful for any reason, MVR may not record or may reverse the relevant
transaction. This may mean, the Services will not take effect. MVR
will not be liable to you or any other person for any claim, loss, liability,
damages or expense suffered or incurred as result.
10.5
Services that are paid using BPAY will be valid from the
time your financial institution processes your payment. Please note there will
be delays before these Services are registered in the MVR.
10.6
If you are paying by BPAY and your payment is less than the
amount due, MVR reserves the right to process the Services for a shorter period
or suspend the Services until payment has been received in full.
10.7
Where Services involve a taxable supply, the fees charged
are inclusive of GST. A compliant tax invoice showing GST amounts in full will
be available to you on the payment being processed by MVR.
11
Email and SMS Alerts
11.1
By setting up a MVR for Business account,
you agree that MVR may communicate with you by
email or SMS alerts, when required by MVR. If you do
not want to receive email or SMS alerts from MVR, do not register on or use MVR
for Business. It is your responsibility to ensure that your registered
email address and mobile phone number remain current. You may update
these details on MVR for Business.
12
Provision of information, privacy statement and confidential information
12.1
You acknowledge and agree that the Registrar is required to
collect information for registrations, licences and permits under section 92 of
the Act. The Registrar adheres to the NTG’s Privacy Statement and the Information
Act 2002 (NT) (the “Information Act”). You further agree that MVR
may collect and deal with Personal Information you provide in accordance with
these Terms and Conditions. If you provide Personal Information about another
individual, you warrant that you have made that individual aware of the details
in these Terms and Conditions and that individual consents to the Personal
Information being provided to MVR.
12.2
MVR for Business contains important information covered by
confidentiality as well as the Privacy Act 1988 (Cth) (the “Privacy Act”).
Misuse of MVR for Business can have serious results. All Services performed
under MVR for Business by you will be considered as your responsibility.
12.3
You agree to provide true and correct information through MVR
for Business and you declare that all information you provide is true and
correct. Providing false and/or misleading information or documents is a
serious offence under the Act and can result in you being fined or imprisoned.
Any authority or approval, given as a result of you providing such
information/documents, may have no effect.
12.4
It is your responsibility to verify that all Services details
are correct before you perform the Services. MVR 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 MVR in reliance on that information.
MVR is not responsible for any failure in relation to payments made in respect
of the Services where you do not provide correct bank account or other payment details.
12.5
Personal Information MVR collects from you through MVR for Business
will be used and may be disclosed for the purpose of the Services you have
performed, and may also be used or disclosed as authorised or required by the
Information Act, and the Act. Failure to provide the required Personal
Information/information within the specified fields may result in Services not
performed.
12.6
MVR may disclose Personal Information it collects from you
to various organisations and persons including but not limited to; contractors,
agents, subcontractors and partners of MVR, law enforcement agencies, toll road
operators, revenue and social security agencies, other road and traffic
authorities, municipal councils, the Motor Accidents Compensation Scheme,
vehicle manufacturers, road safety researches, courts, NTG and its departments,
the Northern Territory of Australia, the Commonwealth and other organisations
or people authorised to collect and use Personal Information held by MVR. Some
of these organisations, departments and persons may be located outside of the
Northern Territory of Australia, and as a result, your Personal Information may
be transferred outside the Northern Territory of Australia.
13
Privacy and notifiable data breaches
13.1
In providing the Services, you must comply, and ensure that
your officers, employees, agents and subcontractors comply with the Privacy
Act and not do anything, which if done by you would breach an Australian
Privacy Principle as defined in the Privacy Act. You must notify MVR if you
become aware that it may be required to disclose Personal Information by law or
to the Australian Information Commissioner.
13.2
If you become aware that there are reasonable grounds to
suspect that there may have been an Eligible Data Breach in relation to any
Personal Information held by you as a result of these Terms and Conditions or your
provision of the Services, you agree to:
(a)
notify MVR in writing as soon as possible,
which must be no later than within 3 days;
(b)
take all reasonable action to mitigate the
risk of the Eligible Data Breach causing serious harm to any of the individuals
to whom it relates; and
(c)
unless otherwise directed by MVR carry out an
assessment in accordance with the requirements of the Privacy Act.
13.3
Where you are aware that there are reasonable grounds to
believe there has been, or where MVR notifies you that there has been, an
Eligible Data Breach in relation to any Personal Information held by MVR as a
result of Terms and Conditions or your provision of the Services, you will:
(a)
take all reasonable action to mitigate the
risk of the Eligible Data Breach causing serious harm to any of the individuals
to whom it relates;
(b)
unless otherwise directed by MVR, take all
other action necessary to comply with the requirements of the Privacy Act;
and
(c)
take any other action as reasonably directed
by MVR.
13.4
You must ensure that any subcontract entered into by you
for the purposes of fulfilling your obligations under these Terms and
Conditions imposes on the subcontractor the same obligations regarding privacy
and notifiable data breaches that you have under these Terms and Conditions.
Each subcontract must also require the same obligations (where relevant) to be
included by the subcontractor in any secondary subcontracts.
13.5
You will notify MVR as soon as reasonably practicable if
you become aware of a breach or possible breach of the obligations contained in
this clause
13.
13.6
“Australian Privacy Principles”, “Personal Information”,
and “Eligible Data Breach” have the meanings given in the Privacy Act.
14
Liability, indemnity and warranties
14.1
You are liable for and agree to indemnify MVR in respect of
any claim, action, damage, loss, cost, charge, expense, penalty, fine or
payment which MVR suffers, incurs or is liable for as a result of:
(a)
the manner in which the Services are
performed, including but not limited to any act or omission in connection with
the performance of the Services or use of MVR for Business; and
(b)
any breach by MVR (or its employees, agents or
subcontractors) of these Terms and Conditions or its obligations or warranties
under these Terms and Conditions.
14.2
You are liable for and agree to indemnify MVR in respect of
any claim, action, damage, loss, cost, charge, penalty, fine or payment which MVR
suffers, incurs or is liable as a result of:
(a)
the manner in which the Services are performed
by MVR, including but not limited to any act or omission by MVR in connection
with the performance of the services or use of MVR for Business;
(b)
any of your employees, agents or
subcontractors claiming that they are an employee of MVR (including claims for
wages, public holidays, annual leave, parental leave, personal/carer’s leave,
long service leave, redundancy or termination of employment);
(c)
any breach by you (or its employees, agents or
subcontractors) of its obligations or warranties under these Terms and
Conditions; and
(d)
any court, tribunal or authority whatsoever
determining that you are deemed an employee of MVR under any law.
14.3 You represent, warrant and undertake that:
(a)
you have full power and authority to enter
into, perform and observe your obligations under these Terms and Conditions;
(b)
you will promptly notify MVR if you become insolvent
or is wound up, or goes into liquidation, or assigns its estate for the benefit
of creditors or enters into an arrangement with creditors or has a receiver,
manager or administrator appointed on behalf of creditors, or suffers any
execution against its assets;
(c)
there is no litigation, arbitration,
conciliation or proceedings including investigations that will adversely affect
your ability to perform these Terms and Conditions;
(d)
you and all partners, contractors,
subcontractors, employees, licensees, agents and invitees of you do not have a
criminal record and shall notify MVR as soon as possible where a criminal
charge has been made against you or any of the partners, contractors, subcontractors,
employees, licensees, agents and invitees of you; and
(e)
you represent and warrant that you have
obtained prior written consent and are duly authorised and have legal capacity
to your electronic signature within MVR for Business on behalf of any individuals,
third parties, owners, buyers, sellers or nominated operator in relation to the
Services and requirements under the Act or MVR’s requirements; or
(f)
if for whatever reason you are unable to provide
your electronic signature within MVR for Business as stipulated in subclause
14.3(e), you represent and warrant that you and the required individuals, third
parties, owners, buyers, sellers or nominated operators in relation to the
Services and the requirements under the Act or MVR’s requirements have signed
the applicable approved form issued by MVR and to upload the same within the required
fields within MVR for Business.
15
Jurisdiction
15.1
These Terms and Conditions are intended to be legally
binding on the parties and are governed by the laws of Northern Territory of
Australia. The parties submit to the jurisdiction of the courts of Northern
Territory of Australia.
16
Copyright
16.1
Copyright in MVR for Business is owned by MVR or its
licensors.
16.2
You may download information from MVR for Business 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 MVR for Business may be reproduced, copied, published,
framed, or transmitted in any form or by any means without the prior written
consent of MVR.
17
Changes to these Terms and
Conditions
17.1
MVR may amend these Terms and Conditions from time to time
by posting the amended version on MVR for Business. Subsequent or
continuing access or use of MVR for Business will constitute your acceptance of
any changes.
17.2
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.
