Roads and Maritime Services

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Terms of Use for AIS Online

1. BACKGROUND

Roads and Maritime Services (RMS) operates the Authorised Inspection Station scheme (Scheme) whereby each Authorised Inspection Station (AIS) provides various Vehicle Inspection Services. RMS has developed the AIS Online system (System) to enable AIS Proprietors and Authorised Examiners to electronically submit vehicle inspection information to RMS via the Internet, with the aim of improving the data integrity, security and to increase efficiency and standard of customer services.

These terms and conditions apply to the use of the System by Proprietors and Authorised Examiners and apply in addition to the Business Rules. In the event of any inconsistency between these terms and conditions and the Business Rules, these terms and conditions prevail to the extent of the inconsistency.

2. ACCREDITATION TO USE THE SYSTEM

All users must be accredited

2.1 Only persons accredited by RMS to use the System may use the System.

The accreditation process

2.2 All Authorised Examiners and Proprietors must register and be accredited by RMS to use the System in accordance with the Business Rules.

2.3 Each Proprietor and Authorised Examiner:

    2.3.1 must provide complete, accurate and current information when registering for accreditation as a user of the System; and

    2.3.2 agrees to receive electronic messages from RMS regarding the Scheme, System and other relevant information.

3. USE OF THE SYSTEM

3.1 A Proprietor or Authorised Examiner may use the System for the purposes of:

    3.1.1 if an Authorised Examiner, submitting vehicle inspection information to RMS;

    3.1.2 if a Proprietor, maintaining accurate, complete and up-to-date information regarding the AIS, Proprietor and Authorised Examiners; and

    3.1.3 receiving information on the Scheme and System from RMS.

3.2 A person who is accredited to use the System must only use the part of the System in respect of Vehicle Inspection Services for which they are accredited.

3.3 Records, Systems, Processes and Equipment

RMS is not responsible for providing or maintaining any hardware, software or other systems, equipment or processes necessary for the Proprietor or Examiner to connect with or use the System. RMS is not responsible for any costs or expenses incurred by a Proprietor or an Examiner in connecting with or using the System including any connection charges.

3.4 User IDs and passwords

    3.4.1 Each Proprietor and Examiner will be provided with a unique identification number (user ID) and a PIN which are required to access the System. The user ID may be recorded by RMS for security and audit reasons against all information submitted by each Proprietor and Examiner.

3.5 To protect the security of the System and the account of each Proprietor or Authorised Examiner, each Proprietor or Authorised Examiner must:

    3.5.1.1 keep their PIN secure and separate from user IDs;

    3.5.1.2 ensure that their PIN is not used by or available to any other person; and

    3.5.1.3 log out of the System if vacating the terminal from which the Proprietor or Authorised Examiner has accessed the System.

3.6 If a Proprietor or an Authorised Examiner knows or suspects that there is or has been any breach of security, unauthorised disclosure or use of the Proprietor's or Authorised Examiner's password, the Proprietor or Authorised Examiner must immediately:

    3.6.1 change their PIN (to the extent that they are able to); and

    3.6.2 notify RMS of such occurrence or suspicion.

3.7 Each Proprietor or Authorised Examiner acknowledges and agrees to RMS recording any System activity, including submission of any information, for security and audit reasons.

3.8 Rules and Directions

Each Proprietor and Authorised Examiner must promptly comply with any guidelines or directions issued by RMS from time to time in relation to the System.

4. AIS INFORMATION

4.1 Entering Information

Each:

    4.1.1 Proprietor in relation to information submitted using the System by:

            4.1.1.1 that Proprietor; and

            4.1.1.2 each Authorised Examiner engaged by that Proprietor; and

    4.1.2 Authorised Examiner in relation to the information submitted using the System by that Authorised Examiner,

must ensure that the information submitted:

    4.1.3 is complete, correct and accurate; and

    4.1.4 complies with:

            4.1.4.1 all applicable laws; and

            4.1.4.2 the Business Rules.

4.2 Audit

Each Proprietor and Authorised Examiner:

    4.2.1 acknowledges that RMS may from time to time audit compliance with these terms and conditions;

    4.2.2 agrees upon request to promptly give RMS or its nominee access to relevant AIS records held by or under the control of that Proprietor or Examiner; and

    4.2.3 agrees to be available to RMS or its nominee upon request in order for RMS or its nominee to conduct the audit.

5. ACKNOWLEDGMENTS

Each Proprietor and Authorised Examiner acknowledges that RMS does not represent or warrant that:

5.1 the System will be available at any particular time or all times, or that the Proprietor's or Authorised Examiner's use of the System will be uninterrupted or error free;

5.2 a Proprietor or Examiner will be able to be access or use the System including, without limitation, with any computer hardware or software used by the Proprietor or Authorised Examiner; or

5.3 the System will not cause damage, or is or will remain error free or free from any computer virus, defect or contamination.

6. PROPRIETARY RIGHTS

6.1 All media, information, trade marks, logos and other material provided through the System are owned by RMS or its licensors and must not be reproduced or dealt with in any way without RMS's prior written consent, except for copyright material which may be used in accordance with RMS's copyright notice available at http://www.rta.nsw.gov.au/copyright.html.

6.2 Each Proprietor and Authorised Examiner acknowledges that:

    6.2.1 Monetary damages for a breach of these terms and conditions by the Proprietor or Authorised Examiner will be insufficient to compensate RMS for such a breach; and

    6.2.2 In addition to any other remedy available at law RMS is entitled to injunctive relief to prevent a breach of and to compel specific performance of the terms of this document.

7. LIABILITY

7.1 RMS liability

    7.1.1 Subject to clause 7.2.1, RMS excludes all liability (in contract, tort including negligence, under statute or otherwise arising) to each Proprietor and Authorised Examiner in respect of any direct or indirect loss, damage, claim or expense arising out of or in connection with the Proprietor's or an Authorised Examiner's use of the System.

    7.1.2 Each Proprietor indemnifies and will keep indemnified RMS against all liability, loss, damage, claims, causes of action, costs and expenses directly or indirectly arising from or in connection with the use or misuse of the System by the Proprietor or any Authorised Examiner engaged by that Proprietor.

    7.1.3 Each Authorised Examiner indemnifies and will keep indemnified RMS against all liability, loss, damage, claims, causes of action, costs and expenses directly or indirectly arising from or in connection with the use or misuse of the System by the Authorised Examiner.

    7.1.4 The Proprietor and Authorised Examiner acknowledge that the limitations and exclusions in this clause 7 are reasonable having regard to the fact that RMS is providing them with access to the System at no charge, to assist them in the provision of their functions and as a public service, to enable efficient processing of vehicle inspection reports.

7.2 Exclusion of terms

    7.2.1 If the Australian Consumer Law (ACL) which is Schedule 2 of the Competition and Consumer Act 2010(Cth) (Act) or similar legislation applies to these terms and conditions at any time (which is not admitted by RMS), nothing in these terms and conditions excludes or limits any liability RMS may have under the ACL or similar legislation that RMS is not permitted by law to exclude or limit, including liability to a "consumer" (as that term is defined in that ACL). RMS limits any liability it has to such a consumer for breach of a consumer guarantee under the ACL or similar legislation to resupplying the services in respect of which the breach occurred.

    7.2.2 Except as otherwise expressly stated in these terms and conditions, all terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise relating to the System and to these terms and conditions are excluded to the fullest extent permissible at law.

8. TERMINATION

Each Proprietor or Authorised Examiner acknowledge and agree that RMS may:

8.1 suspend or terminate a Proprietor's or Authorised Examiner's access to the System if the Proprietor or Authorised Examiner fails to comply with these terms and conditions; and

8.2 suspend or cease to provide access to the System for a period or indefinitely for any reason at any time.

9. PRIVACY

9.1 The Proprietor or Authorised Examiner must comply with all applicable privacy legislation and with the privacy requirements set out in the Business Rules in relation to any Personal Information collected, processed, used, stored or disclosed in relation to the System.

9.2 If a Proprietor or Authorised Examiner fails to comply with its obligations set out in clause 9.1, RMS may suspend or terminate a Proprietor's or Authorised Examiner's accreditation to use the System.

9.3 RMS may at its discretion, for the purposes of promoting the System, use and disclose to the public the business details of the AIS which a Proprietor or Authorised Examiner provides in its application to be accredited.

10. GENERAL

10.1 Proprietors and Authorised Examiners must not assign, sub-contract or otherwise transfer any or all of their rights or obligations granted under these terms and conditions except with the prior written consent of RMS.

10.2 Nothing in these terms or conditions will create, or be deemed to create, a partnership, the relationship of principal and agent or the relationship of employer and employee between RMS and a Proprietor or Authorised Examiner. Each Proprietor and Authorised Examiner must not represent themselves as an agent of RMS and will have no authority to enter into any obligations on behalf of RMS or to bind RMS in any way.

10.3 Any provision of these terms and conditions that becomes or is held to be invalid is only invalid to that extent, without invalidating or affecting the remaining provisions of these terms and conditions or the validity of that provision.

10.4 Any failure by RMS to exercise any right under these terms and conditions does not operate as a waiver and the single or partial exercise of any right by RMS does not preclude any other or further exercise of that or any other right by RMS.

10.5 RMS may amend these terms and conditions from time to time by publishing the updated terms and conditions on RMS's website home page, the System homepage or by notifying the Proprietor or Authorised Examiner in any other way.

10.6 These terms and conditions are governed by and construed in accordance with the laws of New South Wales and the parties submit to the exclusive jurisdiction of the Courts of New South Wales

11. DEFINITIONS

11.1 In these terms and conditions:

"Authorised Examiner" is an AIS examiner authorised under the Scheme.

"Business Rules" means the RMS Business Rules for the Authorised Inspection Station scheme as amended from time to time by RMS and includes any Supplementary Business Rules issued by RMS from time to time (including the e-AUVIS, e-HVAIS and e-Defect Clearance Supplementary Rules as amended by RMS from time to time).

"Personal Information" has the same meaning as in the Privacy and Personal Information Protection Act 1998 (NSW) and any Information Protection Principles issued under such Act.

"Proprietor" is the proprietor, the nominee of a proprietor or an alternative nominee of a proprietor, of an AIS under the Scheme.

"Scheme" means the Authorised Inspection Station scheme operated by RMS from time to time relating to the Vehicle Inspection Services.

"Vehicle Inspection Services" means:
  1. safety check inspections;
  2. unregistered vehicle inspection stations;
  3. heavy vehicle inspections;
  4. crane inspections; and
  5. such other inspections or services as may be nominated by RMS from time to time.
 
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Conditions of use | Privacy & security