2.1 The Victorian Government through its Department of Health – ABN 74 410 330 756 (Department) administers FoodTrader on behalf of participating Victorian Municipal Councils to assist Victorian businesses to comply with their regulatory obligations, including in respect of food safety (Purpose).
2.2 Under the Food Act 1984 (Vic) (Food Act), all businesses and community groups involved in the sale and/or service of food in Victoria must register with their local Municipal Council(s) and comply with food safety regulations.
2.3 FoodTrader enables food businesses, including those operating temporary and mobile food premises and certain fixed premises, to register their food business and otherwise perform certain food safety compliance activities. However, FoodTrader may further enable Victorian businesses to comply with regulatory obligations beyond food safety as determined by the Department from time to time.
3.1 The Department grants you a royalty free, non-exclusive, non-transferable license to use FoodTrader solely for the Purpose and in accordance with these Terms (Licence). The Department may suspend or withdraw your Licence and access to FoodTrader in its discretion where it finds that you have breached a term or condition of these Terms.
3.2 To access FoodTrader, you will be required to create a unique user profile utilising a secure password (Account Credentials). Without limitation to clause 4.1(a), you must provide accurate information when creating your Account Credentials. You must keep your password secure and confidential, since you will be deemed responsible for any and all activities that occur through use of your Account Credentials including in respect of any breaches of these Terms.
3.3 By using FoodTrader, you will be lodging compliance forms and applications, and providing other information to the relevant Municipal Council (and to the Department) online. Your use of FoodTrader is intended to assist you to comply with your regulatory obligations. When you lodge a form or application through FoodTrader, the law treats the form or application in the same way as if you had signed a printed document and sent it to the relevant Municipal Council.
4.1 You warrant that:
(a) information and data you provide through FoodTrader is factually correct, accurate and complete. You further acknowledge that it can constitute an offence to provide misleading information in respect of your regulatory obligations;
(b) you have obtained all necessary consents in respect information and data you provide through FoodTrader, including without limitation in respect of Personal Information of any third party in accordance with clause 5.4 of these Terms; and
(c) you will comply with all reasonable directions of the Department in respect of use of FoodTrader.
5.1 FoodTrader collects ‘Personal Information’ (as defined in the Privacy and Data Protection Act 2014 (Vic)), including names, email addresses, telephone numbers, as for example may be provided in:
(a) the content of any electronic forms or applications you lodge through FoodTrader;
(b) information you submit if you participate in an online survey;
(c) messages or comments you submit via FoodTrader or to email addresses displayed on the FoodTrader website;
(d) information entered by Municipal Councils about Victorian businesses, including relating to operation of Victorian businesses and results of regulatory inspections; and
(e) other compliance and registration information.
5.2 Where Personal Information is collected for FoodTrader, such information may be used by Municipal Councils or the Department for purposes including the following:
(a) administering the Food Act;
(b) facilitating registrations under the Public Health and Wellbeing Act 2008 (Vic);
(c) purposes related to operating, maintaining, development or enhancement of FoodTrader;
(d) addressing local public health issues or needs;
(e) identifying or enhancing opportunities to protect public health; and
(f) any other purposes required or authorised by law.
5.3 More generally, Personal Information is collected, stored, and used in accordance with the FoodTrader Privacy Collection Notice. Please refer to the FoodTrader Privacy Collection Notice for further detail on these matters.
5.4 If you submit or otherwise provide FoodTrader with Personal information relating to another person, you must ensure you obtained that person’s consent collection, storage and use of their Personal Information in accordance with the FoodTrader Privacy Collection Notice.
6.1 You acknowledge that FoodTrader may have inherent defects, errors or deficiencies, including those which may cause FoodTrader interruptions or downtime. Subject to this clause 6, FoodTrader is provided on an ‘as is’ and ‘as available’ basis.
6.2 The Competition and Consumer Act 2010 (Cth) and corresponding legislation in other jurisdictions in certain circumstances imply mandatory conditions and warranties into agreements (Consumer Guarantees). This clause does not exclude or limit the application of any Consumer Guarantees or other warranties where to do so:
(a) would contravene the law of the relevant jurisdiction; or
(b) cause any part of this clause to be void.
6.3 The Department excludes all terms, conditions and warranties implied by custom, the general law or statute in respect of FoodTrader except any Consumer Guarantees.
6.4 The Department’s liability to you for breach of any Consumer Guarantees is limited, at the Department’s option, to:
(a) for services:
(i) providing those services again; or
(ii) paying the cost of having those services provided again; and
(b) for goods:
(i) replacing the goods that breach the warranty; or
(ii) paying the cost of replacing the goods that breach the warranty.
6.5 Without limitation to this clause 6, the Department will not be liable for any special, indirect or consequential loss or damages (including loss of income or profits, and loss of expectation of income or profits) arising under or pursuant to these Terms.
7.1 Except as otherwise permitted under these Terms, you must not:
(a) reproduce, modify, adapt or create derivative works of any part of FoodTrader;
(b) rent, lease, distribute, sell, sublicense, transfer, or provide access to FoodTrader to a third party
(c) incorporate any part of FoodTrader into a product or service you provide to a third party;
(d) tamper with, hack, modify or otherwise corrupt or breach the security or authentication measures of FoodTrader;
(e) transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer’s functionality or the operation of FoodTrader;
(f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to FoodTrader, except to the extent expressly permitted by applicable law
(g) remove or obscure any proprietary or other notices contained in FoodTrader;
(h) use FoodTrader for competitive analysis or to build competitor products; or
(i) encourage or assist any third party to do any of the foregoing, and
any violations of the above may result in criminal and/or civil penalties against you.
7.2 Additionally, in using FoodTrader, you must not:
(a) post, send or otherwise transmit any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, and any material that exploits children;
(b) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of a third party;
(c) misrepresent your identity or affiliation in any way;
(d) violate any applicable laws or regulations; or
(e) assist or permit any persons in engaging in any of the activities described above, and
any violations of the above may result in criminal and/or civil penalties against you.
8.1 Intellectual property rights (IPR) subsisting in FoodTrader (including content and design) is owned by the State of Victoria.
8.2 Subject to clause 8.3, you acknowledge that all IPR subsisting:
(a) in any document or record that is created in FoodTrader; or
(b) in the compilation of any information or data entered into FoodTrader –
vest upon creation in the State of Victoria.
8.3 You retain all IPR you may possess in pre-existing information or pre-existing materials you provide through or in relation to FoodTrader (Submitted IPR). Without limitation to clause 5 and clause 8.4, you grant the Department a non-exclusive, perpetual, irrevocable, royalty free, worldwide licence (with the right to sub-licence) to use and exploit the Submitted IPR for the Purpose and for the purposes listed in clause 5.2.
8.4 You grant the Department a nonexclusive, transferrable, perpetual, irrevocable, royalty free, worldwide, license (with the right to sub-license) to exploit and use IPR subsisting in any proposals or suggestions to improve FoodTrader you make to the Department or otherwise through FoodTrader.
These Terms are governed by the laws of the State of Victoria and you submit to the courts of the State of Victoria and its courts of appeal.
9.2 Entire agreement
These Terms contain the whole of the agreement between you and the Department with respect to its subject matter and supersedes any and all other representations or statements whether oral or in writing.
The Department may vary these Terms from time to time in its discretion. Your continued use of FoodTrader indicates your acceptance of any variation to these Terms.
A term or part of a term of these Terms that is illegal or unenforceable may be severed from these Terms and the remaining terms or parts of the term of these Terms will continue in force.
9.5 Website links
Any failure or delay by the Department to compel performance by you of any of the terms and conditions of these Terms will not constitute a waiver of those terms or conditions, nor will it affect or impair the right of the Department to enforce them at a later time or to pursue remedies it may have for any subsequent breach of those terms or conditions.