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General conditions

1. If you register for a myRDRV account or access and use myRDRV, you agree:  

  • that you have read and understood these terms and conditions (T&Cs); 
  • that you will comply with the T&Cs; and 
  • to receive material through myRDRV related to any VCAT proceeding in which the party so registered is or becomes a party. 

2. If you allow someone else to access or use your myRDRV account, they are taken to do so as your agent and to agree to comply with the T&Cs. 

3. In these T&Cs:  

  • “you” and “your” mean the person accessing and using myRDRV, including anyone accessing and using myRDRV on a party’s behalf; 
  • “we” or “us” means CSV and VCAT RDRV and includes our employees, agents, assigns and successors in law; 
  • “material” means material uploaded to myRDRV in relation to your VCAT proceeding and includes (but is not limited to) information, documents and images; 
  • “party” means a party to a proceeding in VCAT; and 
  • “T&Cs” means these T&Cs as changed from time to time. 

Content of myRDRV 

4. You acknowledge and agree that we are not responsible or liable for your use of myRDRV or the use of myRDRV by other users, including any material lodged by you or any other party.

Accessing myRDRV 

5. You agree that you are responsible for:  

  • maintaining the security of your myRDRV account (such as maintaining the confidentiality of your password and log in details) and for all activities that occur within your account; 
  • promptly advising us if any of the information relating to your myRDRV account changes, such as your contact information; 
  • monitoring your myRDRV account in order to view any material that has been uploaded by us or another party; 
  • complying with any requirements as set out in orders or notices issued by VCAT; 
  • taking all reasonable steps to ensure that material you upload to or download from myRDRV will not corrupt or damage your property,  RDRV’s property, or the property of any other user or party; and 
  • promptly reporting any suspicious or unauthorised activity in relation to your account to  RDRV by email to: 

Using myRDRV 

6. You agree that:  

  • you will only use myRDRV for its intended purpose including to lodge, view and serve applications or other material that relates to your proceeding in VCAT and that you will not lodge any threatening or offensive material on myRDRV; 
  • VCAT will, in its absolute discretion, determine whether you have used myRDRV in breach of these T&Cs or any applicable laws and take such action as it considers appropriate, including removing any material that it considers breaches these T&Cs or any applicable laws and suspending or cancelling your myRDRV account; and 
  • you indemnify us against any loss or damage that arises as a result of your use of myRDRV in breach of these T&Cs or any applicable laws. 
  • you will comply with all applicable laws when using myRDRV including ensuring that the information you lodge, or otherwise provide, via myRDRV complies with these T&Cs and all applicable laws. 
  • you acknowledge that some material on myRDRV may be subject to court or Tribunal orders or laws limiting or prohibiting publication, and you agree that those orders and laws continue to apply to that material even though it appears on myRDRV.

Intellectual property 

9. myRDRV and all its related data, features and functionality are protected by relevant copyright laws. You acknowledge and agree that by accessing and using myRDRV you do not acquire any property rights, including intellectual property rights, in myRDRV or its related data, features and functionality. 

10. You are granted a non-transferable, revocable licence to access myRDRV in order to lodge, view, receive and serve material relating to your  RDRV application in accordance with these T&Cs. Your licence to use myRDRV does not grant you any right to use, reproduce, adapt, modify or develop derivative products from myRDRV or to use it for other purposes beyond the RDRV application in which you are involved as a party or a person acting on behalf of a party. 

11. You agree:  

  • not to use myRDRV in any manner which infringes upon the rights of any other user or other party, including rights of publicity, intellectual property rights, data protection and other privacy rights; 
  • that the material you lodge does not infringe the rights, including the intellectual property rights, of any other person and that you have the legal right to use and submit the material; and
  • to indemnify us against any loss or damage that arises from a claim that the use of anything you lodge, or lodged on your behalf, using myRDRV infringes the intellectual property or other rights of any other user or other party.

Information privacy and access and storage of proceeding files

12. You agree that: 

  • we may collect your personal information (such as your name and contact information) and IP address for the purposes of administering myRDRV and communicating with you about your use of myRDRV and about your proceeding before VCAT; 
  • we manage your personal information in accordance with the Privacy and Data Protection Act 2014, the Health Records Act 2001 and VCAT’s privacy statement; 
  • material submitted or lodged on myRDRV forms part of your proceeding file and will be subject to inspection by the public in accordance with section 146 of the Victorian Civil and Administrative Tribunal Act 1998; and
  • your proceeding file is stored for at least 5 years after final determination of your matter in accordance with legislative requirements under the Public Records Act (1973). 

Opting out of myRDRV 

13. You acknowledge that once a myRDRV account is created, it cannot be deleted. 

14. You may opt out of using your myRDRV account by using the self-service option on your myRDRV account or by contacting VCAT’s Service Delivery Group by email to: 

 15. You agree that if you opt out of myRDRV:  

  • your communication preference for each proceeding in which you are a party (including your preferred method of service) will be updated to your most recent contact method as specified in RDRV’s records for each such proceeding (respectively); 
  • you must, within 7 days, take reasonable steps to notify all parties to your proceeding and VCAT RDRV of your new contact details so that material relating to each proceeding can be validly served on you; 
  • material uploaded before opting out of myRDRV will still be available for access on myRDRV; 
  • you will no longer use myRDRV to file and serve any material relating to your matter in VCAT.

Changes to T&Cs and functionality of myRDRV

16. You agree that we may change these T&Cs at any time without notice. Changes will be effective from the date we upload them to myRDRV. You will receive an alert when you next log into myRDRV to notify you that the T&Cs have changed. You will be required to read and accept the changed T&Cs before you can proceed to use myRDRV.  

17. If you are alerted that the T&Cs have been changed and you accept the changed T&Cs, you:  

  • agree that you have read and understood the changed T&Cs; and 
  • agree that you will comply with the changed T&Cs. 

 18. If you are alerted that the T&Cs have been changed and you do not accept the changed T&Cs, you must immediately opt out of myRDRV. 

19. You agree that we may vary the functionality or operation of myRDRV at any time without notice.

Disclaimer and release

20. You acknowledge and agree that to the maximum extent permitted by law:  

  • we give no assurance that myRDRV will be free from viruses, malicious computer code or other forms of interference or contamination which may damage or interfere with any device used to access myRDRV; 
  • we are not responsible for information not being received because personal information in myRDRV is incorrect or out of date or because your device is restricted.
  • we are not liable to you for any loss or damage suffered (directly or indirectly) by you resulting from or in connection with your use of myRDRV and you release us from any such loss or damage.

Applicable law

21. These T&Cs and your use of myRDRV are governed by the laws of Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts and tribunals of Victoria, Australia.