TCV Online Terms of Use
Updated 7 April 2025
Access to certain areas of the Treasury Corporation of Victoria (TCV) website, including TCV’s client portal (TCV Online) is restricted to certain clients of TCV and their authorised representatives. By accessing TCV Online, you, as an authorised representative of the client (Client), agree to comply with these TCV Online Terms of Use (Terms of Use).
TCV may amend these Terms of Use at any time without notice. You should periodically review these Terms of Use. If you continue to use TCV Online after any change to these Terms of Use, you will be deemed to agree to the amended Terms of Use.
By accessing TCV Online, you represent that you:
- are authorised to access TCV Online on behalf of the applicable Client; and
- are acting on the Client’s behalf.
1. Your Account
1.1 You must keep your password confidential and not disclose it to any other person.
1.2 You are responsible for all activities conducted under your credentials on TCV Online.
1.3 If you become aware of any unauthorised use of your password or account, you must notify TCV immediately.
2. Confidentiality
2.1 You acknowledge and agree that the information and material accessible on TCV Online (Confidential Information) is confidential.
2.2 You must not use, copy, disclose, reproduce or make public the Confidential Information, except in accordance with these Terms of Use.
2.3 You may only disclose Confidential Information if one of the following circumstances applies:
- the disclosure is specifically permitted by these Terms of Use;
- the disclosure is to the Client’s personnel who need to know the Confidential Information to perform their duties; or
- the disclosure is required by a court, a binding directive of a governmental or administrative authority, or is required by law (subject to you notifying TCV prior to any disclosure).
2.4 TCV may at any time require you to provide written undertakings in a form and substance satisfactory to TCV relating to the non-disclosure of the Confidential Information. You must provide any such undertaking promptly.
2.5 You must notify TCV if you become aware of a breach of this clause.
2.6 All obligations of confidentiality set out in these Terms of Use continue in full force and effect after your use of TCV Online ends.
3. Content
3.1 You understand and agree that all material, information and data (such as data files, written text, computer software, audio files, photographs, or other images) (Content) accessed or used by or provided to you through TCV Online is the intellectual property of TCV or any relevant third parties from whom TCV may license that Content.
3.2 You must not copy, modify, publish, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either whole or in part) unless explicitly permitted by TCV or the Content owners in a separate agreement.
3.3 TCV may change any of the Content at any time without notice.
3.4 TCV is not obligated to update any of the Content.
3.5 You are responsible for assessing the accuracy, reliability and suitability of the Content on or accessible through TCV Online.
3.6 You accept all risks and responsibility for any loss, damage, costs and other consequences resulting from using TCV Online or the Content.
4. Disclaimer
4.1 Except as required by law, TCV Online is provided “as is” and without any guarantees, warranties or conditions, either express or implied.
4.2 TCV does not represent, warrant or guarantee that:
- access to or use of TCV Online will be secure, continuous, uninterrupted, error-free or timely;
- errors or defects in TCV Online or the Content can be corrected; or
- TCV Online will be free from computer errors, viruses, trojan horses, worms, time bombs, cancelbots, or other malicious programs or code.
4.3 You acknowledge that access to and use of TCV Online (including the software operating in connection with it) may be affected by factors outside of TCV’s control.
4.4 TCV makes no representation or warranty regarding the accuracy or completeness of the information on or accessible through TCV Online.
5. Limitation of Liability
5.1 You agree that TCV will not be liable for any direct, indirect, incidental, special or consequential loss (including among other things loss of data, revenue or profits), punitive or exemplary damages, of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of, or in connection, with:
- use of TCV Online;
- any delay in or inability to use TCV Online, including (without limitation) as a result of negligence;
- any information contained on TCV Online; and
- use of your password by you or any third party.
5.2 You agree to indemnify, defend and hold harmless TCV, its officers, directors, shareholders, employees, consultants, licensors, suppliers and agents against any actions, liability, claims (including third party claims), loss, damages, proceedings, expenses (including, but not limited to, legal costs), suffered or incurred by TCV, arising from, or which is directly or indirectly, related to:
- use of TCV Online;
- any breach of these Terms of Use;
- disclosure of Confidential Information;
- any breach of privacy obligations or any applicable privacy laws; or
- any breach or inaccuracies in representations, guarantees or warranties made to TCV.
5.3 This limitation of liability does not exclude liabilities that cannot be excluded by applicable law.
6. Severance
6.1 If any part of any of these Terms of Use is found to be void or unenforceable for unfairness or any other reason (for example, if a court or other tribunal or authority declares it so), the remaining parts of these Terms of Use will continue to apply as if the void or unenforceable part had never existed.
7. Governing Law
7.1 These Terms of Use are governed by the laws of the State of Victoria, Australia.
7.2 You submit to the jurisdiction of the courts of Victoria, including appellate courts, for any legal proceedings related to these Terms of Use.