MARKETING ONLINE REGISTRATION

Marketing Online, is a web-based information system that allows Government Clients to access the Service Providers details that have been appointed to the Marketing Services Panel. Government Clients can also assess their suitability based on their performance and work history.

This registration form must be completed to obtain access to Marketing Online.

There are two important steps to complete before Government Clients should fill in this form:

STEP 1: GOVERNMENT CLIENTS MUST READ AND ACCEPT THE TERMS AND CONDITIONS OF USE

Marketing Online will not allow Government Clients to submit their registration details unless they click the "I Accept" box which appears at the end of the Terms and Conditions of Use.

- Part 1 applies to ALL Government Client applicants.

- Part 2 ONLY applies to a government contractors supplying services to an eligible agency

If you are a government contractor supplying services to an eligible agency, you MUST read the relevant sections that apply to you before commencing registration and accept these Terms and Conditions of Use before proceeding.

All other Government Client applicants must also accept the terms and conditions before proceeding.

STEP 2: SEEK MANAGER APPROVAL

Government contractors and employees must seek their manager's approval to enter this system before registration can be completed.

This system will send an automatic email to their manager seeking validation of that approval when they submit their registration.

Once Steps 1 and 2 are finished, please proceed with completing the registration details.

All fields are mandatory.


Terms and Conditions of Use


By clicking on the "I Accept" button you agree to comply with the following terms and conditions which apply to access to, and use of, Marketing Online.

    Part I: General

    1 Application of Part I

    Part I of these Terms and Conditions of Use applies to all users of Marketing Online.

    2 Access and Use of Marketing Online

    2.1 Access and use

    You agree to:

    2.1.1 ensure that Your User ID and Password are only used by You to access Marketing Online; and

    2.1.2 access and use Marketing Online only in accordance with:

    (a) these Terms and Conditions of Use;

    (b) the Business Rules;

    (c) any additional requirements specified on Marketing Online;

    (d) any directions given by the Contract Authority from time to time; and

    (e) all applicable laws.

    2.2 Variation, suspension and termination of access and use

    You acknowledge that the Contract Authority may at any time and for any reason, vary, suspend or terminate access to, or use of, the whole or any part of Marketing Online without prior notice.

    3 User ID, Password and Security

    3.1 Protection of User ID and Password

    You agree to:

    3.1.1 take all necessary steps to protect Your User ID and Password from unauthorised access, use or disclosure by any person;

    3.1.2 immediately notify the Contract Authority on becoming aware of any unauthorised access to, use or disclosure of Your User Password by any person; and

    3.1.3 comply with any directions relating to security which are given by the Contract Authority from time to time.

    3.2 Data transmissions

    You acknowledge that:

    3.2.1 the Internet is an inherently insecure medium and that no data transmission over the Internet can be guaranteed as totally secure; and

    3.2.2 You transmit data to Marketing Online at Your own risk.

    3.3 Survival

    This clause 3 survives any termination of these Terms and Conditions of Use.

    4 Confidentiality

    4.1 Marketing Online Content

    You acknowledge that information published, or accessible, through Marketing Online constitutes confidential and commercially sensitive information.

    4.2 Extent of obligation

    Subject to clause 4.3, You agree not to make public, disclose or use any of the information described in clause 4.1 other than for the Approved Purposes.

    4.3 Disclosure exceptions

    You are not obliged by clause 4.2 to keep confidential any information that is required to be disclosed as a result of any legal obligation, or a government policy of the State of Victoria or by order of the State or Victoria acting through any government agency.

    4.4 Notification of breaches

    You agree to immediately notify the Contract Authority if You become aware of any breach of this clause 4.

    4.5 Survival

    This clause 4 survives any termination of these Terms and Conditions of Use.

    5 Warranties and Representations

    You acknowledge that:

    5.1 Marketing Online is made available on an “as is” basis; and

    5.2 the Contract Authority makes no representation or warranty of any kind, either express or implied, in relation to Marketing Online including, without limitation:

    5.2.1 as to the reliability, suitability or availability of Marketing Online;

    5.2.2 that access to Marketing Online will be secure, uninterrupted or error-free;

    5.2.3 that errors or defects with Marketing Online will be able to be corrected;

    5.2.4 that Marketing Online will operate with any other hardware, software, system or data; or

    5.2.5 the accuracy, completeness and fairness of information published, or otherwise accessible, through Marketing
    Online.

    6 Notices

    6.1 Addresses of the parties

    Without limiting the methods by which a notice or other communication may be given at law, a notice or other communication is properly given or served if it is transmitted by electronic mail to the e-mail address associated with Your User ID.

    6.2 Change of Your address

    You agree to immediately notify the Contract Authority of any change in the e-mail address associated with Your User ID.

    7 Entire agreement

    These Terms and Conditions of Use constitute the entire agreement with respect to Your use of Marketing Online and supersede all prior representations, agreements, statements and understandings, whether verbal or in writing, in relation to the subject matter of these Terms and Conditions of Use.

    8 Applicable Law

    These Terms and Conditions of Use shall be subject to the laws in force in the State of Victoria.

    9 Variation of Terms and Conditions of Use

    9.1 Variation by Contract Authority on giving notice

    These Terms and Conditions of Use may be varied at any time by the Contract Authority giving You notice of the variation from the Contract Authority.

    9.2 Deemed agreement to variation

    You will be deemed to have agreed to a variation to these Terms and Conditions of Use by continuing to use Marketing Online after receiving notice of such variation from the Contract Authority.

    10 Waiver

    A waiver by the Contract Authority of a breach of these Terms and Conditions of Use will not be regarded as a waiver of any other breach. A failure by the Contract Authority to enforce a provision of these Terms and Conditions of Use will not be interpreted as a waiver.

    11 Severability

    Each provision of these Terms and Conditions of Use shall be read as separate and separable so that if any provision is void or unenforceable for any reason, that provision will be severed and the remainder will be construed as if the severed provision had never existed.

    12 Personal Information

    12.1 Provision by You of Personal Information

    You acknowledge that except for Personal Information required for the purposes of registration, You are not required to provide any Personal Information in order to use Marketing Online.

    12.2 Information constituting Personal Information

    You acknowledge that some information that You voluntarily provide in using Marketing Online, particularly information contained in Evaluation Data, may constitute Personal Information relating to You or to another person.

    12.3 Use and disclosure of Personal Information

    You consent to the Contract Authority using and/or disclosing Personal Information relating to You for the Approved Purposes and otherwise in accordance with the Head Agreement.

      Part II: Contractors Providing Services to Eligible Agencies


      13 Application of Part II

      13.1 Part II of these Terms and Conditions of Use applies to You if You are one of the following:

      13.1.1 an individual who has contracted with an Eligible Agency to provide services to that Eligible Agency;

      13.1.2 an individual who is an officer or employee of an organisation who has contracted with an Eligible Agency to provide services to that Eligible Agency; or

      13.1.3 an individual who is an agent or sub-contractor (including an officer or employee of an agent or sub-contractor) to an organisation who has contracted with an Eligible Agency to provide services to that Eligible Agency.

      13.2 If You are an individual in a class of persons described in any of clauses 13.1.2 or 13.1.3, You warrant to the Contract Authority that You also have the authority on behalf of an organisation referred to in clauses 13.1.2 or 13.1.3 to agree to legally bind such organisation to comply with the terms and conditions set out in these Terms and Conditions of Use.

      13.3 For the avoidance of any doubt, the terms and conditions set out in Part I of these Terms and Conditions of Use also apply.

      14 Term of agreement

      14.1 Commencement and term

      These Terms and Conditions of Use commence on the date they are accepted by You and continue until terminated by the Contract Authority giving You notice of termination.

      14.2 Termination for convenience

      You acknowledge that the Contract Authority may at any time and for any reason terminate these Terms and Conditions of Use by giving You notice of termination.

      15 Privacy

      15.1 Information Privacy Principles and Codes of Practice

      You agree to be bound by the Information Privacy Principles and any applicable Code of Practice with respect to any act done or practice engaged in by You for the purposes of these Terms and Conditions of Use in the same way and to the same extent as the Contract Authority would have been bound by the Information Privacy Principles and any applicable Code of Practice in respect of that act or practice had it been directly done or engaged in by the Contract Authority.

      15.2 Compliance with directions

      You agree to comply with:

      15.2.1 any directions made by the Victorian or Commonwealth Privacy Commissioner relevant to these Terms and Conditions of Use; and

      15.2.2 any other reasonable direction relating to privacy which is given by the Contract Authority from time to time.

      15.3 Survival

      This clause 15 survives any termination of these Terms and Conditions of Use.

      16 Intellectual Property Rights

      16.1 Evaluation Data

      You agree that all Intellectual Property Rights in the Evaluation Data are, upon their creation, owned by the Contract Authority.

      16.2 Licence to use Content

      The Contract Authority hereby grants to You, including Your officers, employees, agents and contractors, a non-exclusive, non-transferable licence to use information published, or otherwise accessible, through Marketing Online solely for the Approved Purposes.

      16.3 Further acts

      You agree to do everything reasonably necessary including, without limitation, executing documents to give full effect to clause 16.1 and/or clause 16.2.

      17 Archival and Freedom of Information Requirements

      17.1 Archival requirements

      You agree to comply with any applicable State or Commonwealth legislation relating to archival requirements.

      17.2 Freedom of information requirements

      You acknowledge that all information and data provided to the Contract Authority may be subject to the Freedom of Information Act 1982 (Vic) as amended from time to time including, without limitation, requests for access to such information or data.

      17.3 Cooperation with Contract Authority

      Without limiting the scope of clauses 17.1 and 17.2, You agree to cooperate with and assist the Contract Authority to comply with any obligations imposed by the:

      17.3.1 Freedom of Information Act 1982 (Vic) as amended from time to time; and

      17.3.2 Public Records Act 1973 (Vic) as amended from time to time.

      18 Audits

      18.1 Conduct of audits

      You agree that the Contract Authority may conduct audits of compliance by You with Your obligations under these Terms and Conditions of Use.

        18.2 Participation in audits

        You must participate promptly and cooperatively in any audits conducted by the Contract Authority under clause 18.1.

        19 Liability

        19.1 Determination of liability

        Subject to the other provisions of these Terms and Conditions of Use, the liability of a party for breach of these Terms and Conditions of Use or for any other common law or statutory cause of action arising out of the operation of these Terms and Conditions of Use will be determined under the relevant law in Australia that is recognised, and would be applied by, the High Court of Australia.

        19.2 Exclusion of loss and damage

        Subject to clause 19.4, the Contract Authority will be under no liability to You in respect of any direct, indirect, consequential or special loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of access to or use of Marketing Online.

        19.3 Exclusion of conditions and warranties

        Subject to clause 19.4, any condition or warranty which would otherwise be implied into these Terms and Conditions of Use is hereby excluded.

        19.4 Conditions and warranties implied by law

        Where legislation implies in these Terms and Conditions of Use any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in these Terms and Conditions of Use provided that the liability of the Contract Authority for any breach of such condition or warranty shall be limited, at the option of the Contract Authority, to one or more of the following:

        19.4.1 the supply of the services again; or

        19.4.2 the payment of the cost of having the services supplied again.

        19.5 Survival

        This clause 19 survives any termination of these Terms and Conditions of Use.

        20 Assignment and novation

        20.1 No assignment without consent

        You may not assign the whole or part of these Terms and Conditions of Use without the prior written consent of the Contract Authority.

        20.2 No obligation to consent to novation

        The Contract Authority will not be obliged to consent to any proposed novation of these Terms and Conditions of Use.

          Part III: Definitions and Interpretation


          21 Application of Part III

          Part III of these Terms and Conditions of Use contains definitions and interpretation provisions that apply to Parts I and II.

          22 Definitions, Interpretation and Priority

          22.1 Definitions

          In these Terms and Conditions of Use, unless the contrary appears:

          Approved Purposes means any one or more of the following purposes:
          (a) performance management and monitoring in accordance with the clause 9 of the Head Agreement;
          (b) Supplier engagement in accordance with the Head Agreement;
          (c) operation of the Marketing Services Panel in accordance with the Head Agreement.

          Business Rules

          means the business rules for Marketing Online available via Marketing Online, as amended from time to time;

          Code of Practice

          means a code of practice defined in, and approved under, the Information Privacy Act 2000 (Vic) as amended from time to time;

          Contract Authority

          means the State of Victoria acting through the Government Services Group, a division of the Department of Treasury and Finance.

          Eligible Agency

          means:
          (a) a Budget Sector Agency, defined as each Victorian Government department (as defined in section 3 of the Financial Management Act 1994 (Vic)) and each office (as defined in section 16 of the Public Administration Act 2004 (Vic)), as amended from time to time;
          (b) a Government Owned Entity, meaning a statutory corporation, a State owned company, a State body or a State business corporation as those terms are defined in the State Owned Enterprise Act 1992 (Vic), as amended from time to time;
          (c) a “Council” as defined in the Local Government Act 1989 (Vic), as amended from time to time; or
          (d) an entity which is located in Victoria and:
          (1) listed in the Victorian Government Directory, as amended from time to time; or
          (2) approved in writing by the Contract Authority as being an Eligible Agency for the purposes of these Terms and Conditions of Use,

          but excludes the Commonwealth, a Territory, the Crown in Right of a State other than Victoria, and an agency or instrumentality of any of them.


          Marketing Online

          means the online system implemented by the Contract Authority in connection with the Marketing Service Panel and includes, as the context requires:
          (a) information (including Evaluation Data) published, or otherwise accessible, through this online system; and
          (b) the Internet entry point through which this online system is intended to be accessed.

          Marketing Services Panel

          means the panel of approved suppliers for the Whole of Victorian Government Marketing Services Panel.

          Evaluation Data

          means all information relating to the performance of a Supplier and published, or otherwise accessible, through Marketing Online for the purposes of clause 9 of the Head Agreement, including information provided via an Engagement Validation or an Engagement Self Assessment using Marketing Online.

          Head Agreement

          means an agreement between the Contract Authority and a Supplier pursuant to which the supplier has been appointed to the Marketing Services Panel.

          Information Privacy Principles

          means the Information Privacy Principles set out in the Information Privacy Act 2000 (Vic) as amended from time to time.

          Intellectual Property Rights

          means copyright, trade mark, design, patent, semiconductor or circuit layout rights, trade, business or company names, or other proprietary rights, or any rights to registration of such rights existing in Australia.

          Password

          means a password used by You for the purpose of accessing Marketing Online.

          Personal Information

          means information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, but does not include information of a kind to which the Health Records Act 2001 (Vic) applies

          Supplier

          means a supplier which has been appointed to the Marketing Services Panel by entering into a Head Agreement with the Contract Authority. In the Head Agreement, such supplier is referred to as “the Service Provider”.

          Terms and Conditions of Use

          means these terms and conditions which apply to access and use of Marketing Online.

          User ID

          means a name or acronym issued by the Contract Authority and used by You for the purpose of accessing Marketing Online.

          You

          means:
          (a) a person using Marketing Online; and
          (b) in the case of an officer, employee, contractor or agent of an organisation which has been engaged under a contract for services to provide services to an Eligible Agency — the organisation in addition to the person using Marketing Online.

            22.2 Interpretation

            In these Terms and Conditions of Use, unless the contrary intention appears:

            22.2.1 clause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;

            22.2.2 words in the singular number include the plural and vice versa; and

            22.2.3 where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings.

            22.3 Priority of documents

            In the event and to the extent of any inconsistency between two or more documents which form part of these Terms and Conditions of Use, those documents will be interpreted in the following order of priority:

            22.3.1 these Terms and Conditions of Use;

            22.3.2 the Business Rules; and

            22.3.3 any additional requirements specified on Marketing Online.

            22.4 Precedence of Head Agreement

            22.4.1 In the event of any inconsistency between these Terms and Conditions of Use and the Head Agreement, the Head Agreement will prevail to the extent of the inconsistency.

            22.4.2 Nothing in these Terms and Conditions of Use is intended to vary any provision of the Head Agreement
          I have read and accept the Terms and Conditions for Use

          Submit