Terms of Use

    Introduction

  • 1) eDocs is an online digital service run by Court Services Victoria (CSV) (‘we’, ‘us’, ‘our’), in support of the Magistrates’ Court of Victoria (MCV), the Children’s Court of Victoria (ChCV) and the Victims of Crime Assistance Tribunal (the Tribunal) (collectively, the Courts and Tribunal).

  • 2) Our services (‘eDocs’, ‘eDocs Portal’, ‘eCourt’) and website (‘www.courts.vic.gov.au’ or ‘website’) enable users (‘you’, ‘your’) to electronically collect, store and process information and documentation for or related to court matters with the Courts and Tribunal.
  • Acceptance of Agreement

  • 3) By using eDocs, you indicate that you have read, understood and accepted these eDocs Terms of Use and Our Privacy Policy (collectively, the Agreement), and you agree that you are bound by all the terms and conditions contained in this Agreement.

  • 4) The most current version of the Agreement is available at https://edocsportal.courts.vic.gov.au, and will govern our relationship with you.

  • 5) If you do not accept the terms and conditions of the Agreement, you must immediately stop using eDocs.
  • Changes to the Agreement

  • 6) Using reasonable discretion, we may revise all or any part of the Agreement from time to time.

  • 7) In addition to these revisions, we may also vary the functionality or operation of eDocs.

  • 8) Revisions will not be retroactive and may be made to better reflect:
    • a. Legislative changes;
    • b. New regulatory requirements; and/or
    • c. Improvements or enhancements made to our services.

  • 9) By continuing to access or use our service after these revisions are published on our website https://edocsportal.courts.vic.gov.au, you are taken to have read, understood and agreed to be bound by the revised terms of all or part of the Agreement from the date on which you first access or use our service after publication of those revisions.

  • 10) The onus is on you to understand the terms of this Agreement.

  • 11) If you do not accept the revised terms of the Agreement, you must immediately stop using eDocs.
  • Disclaimer

  • 12) Except as provided by law, the website is provided "as is" and without any warranties, express or implied.

  • 13) The Portal is a secure online system that enables registered users to access information about their cases.

  • 14) Our service may be accessed throughout Australia and overseas. We make no representation that the content of our services complies with the laws (including intellectual property laws) of any country outside Australia. If you access our services from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws of the jurisdiction in which you are located.
  • Intellectual Property Rights

  • 15) The eDocs portal and all of its related data, contents, features and functionality are owned by us, our licensors or other providers of such material and is consequently protected by the relevant Victorian copyright laws. This protection extends to include all information, software, text, displays, images, video, audio and design.
  • 16) You agree to use our services in compliance with all applicable laws of the State of Victoria, and you are responsible for ensuring that your use conforms to such laws.

  • 17) The Agreement grants you a non-transferable, revocable licence to access our services in the ordinary course of your dealings with the Courts and Tribunal.

  • 18) You shall not, under any circumstances, use our services in a manner that infringes upon the rights of another eDocs Portal User, or any other individual, third party, including, without limitation, rights of publicity, intellectual property rights, data protection and other privacy rights.

  • 19) Any submission or upload to our services of any information, document or other material constitutes an agreement by you to warrant to us that you have the right to use and submit such information.

  • 20) You indemnify us against any loss or damage that arises from a claim concerning the use of any eDocs related information, document or material which infringes any third party intellectual property or other rights.

  • 21) The use of software, including bots, scraper tools and the like with a view to monitor, make unsolicited copies or inappropriately access the eDocs Portal or its contents is strictly prohibited unless you obtain our prior written consent, which may be withheld or granted subject to conditions, in our absolute discretion.
  • Website Copyright

  • 22) All material on our website is provided under a Creative Commons Attribution 4.0 international licence, except for:
    • a. any images, photographs of branding on our website, including
      • i. the Victorian Coat of Arms;
      • ii. Victorian Government logo;
      • iii. Magistrates’ Court of Victoria logo;
      • iv. Children’s Court of Victoria logo;
      • v. Victims of Crime Assistance Tribunal logo;
      • vi. Court Services Victoria logo; or
    • b. content supplied by third parties, whose permission may be required if you wish to use that material.

  • 23) Material obtained from our website is to be attributed as © Court Services Victoria.

  • 24) You can inquire about copyright and use of the material on our website via feedback@courts.vic.gov.au.
  • Downloadable Documents

  • 25) We make available downloadable documents, on the conditions set out below. If you do not agree with these conditions, you should not download the material.

  • 26) Downloadable documents conditions:
    • a. Downloadable material available on our services is provided on the basis that, upon downloading, you will conduct such virus scanning and other checks as may be necessary to ensure that the downloaded material will not in any way corrupt your data, software or systems or those of any other person.

    • b. You acknowledge and agree that we will not be liable to you for any loss or damage, including consequential loss or damage however caused, whether by negligence or otherwise, that arises in any way from the use of the downloaded material.

    • c. If you provide the downloaded material to another party, then you should bring to the attention of that other party these conditions and only provide the downloaded material on the same conditions as those on which the original downloaded material was provided to you by us via www.courts.vic.gov.au.

    eDocs Portal User Registration

  • 27) Individuals, law firms and other organisations may use the eDocs Portal in accordance with the terms of the Agreement.

  • 28) The user account categories are:
    • a. eDocs Organisational administrator;
    • b. eDocs Portal user (who belongs to an organisation, who is not an organisational administrator); and

  • 29) eDocs Portal users are expected to have existing practices around appropriate levels of security assurance for their own eDocs Portal user enrolment and management.

  • 30) eDocs Portal users are ultimately responsible for their own eDocs Portal user account management.

  • 31) eDocs Portal users must not impersonate any person or entity for the purpose of misleading others when accessing or using the eDocs Portal.

  • 32) We recommend that a senior representative of an organisation, with delegated authority, assigns an organisational administration user/s on behalf of any given organisation.

  • 33) Assignment occurs by completing and returning the eDocs Bulk Upload User Account Initial Enrolment File to us at edocs.enrolment@courts.vic.gov.au (see further details below).
  • Senior Representative of an Organisation

  • 34) As a senior representative of your organisation, we expect you to have the delegated authority to assign eDocs organisational administration users on behalf of your organisation.

  • 35) As a senior representative of your organisation, in providing an assigned eDocs organisational administration user/s, you acknowledge that the said users have the ability to:
    • a. ADD a user directly into the eDocs Portal;
    • b. SUSPEND a user from using the eDocs Portal;
    • c. REINSTATE the use of a user’s eDocs Portal account;
    • d. Set an eDocs Portal user’s account password; and
    • e. Update the personal details of an eDocs Portal user

  • 36) As a senior representative of your organisation, we require you to have taken the necessary steps to verify the identity of the persons you wish to be named in the eDocs Bulk Upload User Account Initial Enrolment File, which is produced and provided by you on behalf of your organisation.

  • 37) As a senior representative of your organisation, you consent (both as an individual and on behalf of your organisation) to the information contained in the terms of this Agreement being given by means of electronic communication as per the Electronic Transactions (Victoria) Act 2000 (Vic).

  • 38) In following the steps contained in the terms of this Agreement, you, as a senior representative of your organisation (both as an individual and on behalf of your organisation), to the fullest extent permitted by applicable law, indemnify us and any stakeholders or affiliates from any liability as it pertains to the mismanagement of eDocs user enrolment accounts.

  • 39) Completed eDocs Bulk Upload User Account Initial Enrolment Files are to be sent to us via edocs.enrolment@courts.vic.gov.au.
  • eDocs Organisational Administrator

  • 40) As an eDocs organisational administrator, It is essential that you understand your responsibilities when using the eDocs Portal.

  • 41) By using the eDocs Portal, you accept responsibility for:
    • a. using the eDocs Portal for authorised and lawful purposes;
    • b. adding a user directly into the eDocs Portal;
    • c. taking all necessary steps to verify the identity of the person when adding a user directly into the eDocs Portal;
    • d. adding multiple users by way of a bulk user enrolment file;
    • e. requesting that we add a user on behalf of your organisation;
    • f. suspending users;
    • g. reinstating users;
    • h. setting user passwords; and
    • i. updating the personal details of an eDocs Portal user.

  • 42) Information collected in the course of fulfilling your responsibilities as an eDocs organisational administrator must remain confidential and any account information, including but not limited to, logins and passwords, cannot be reproduced, transmitted or stored in a way that violates the terms of the Agreement or any privacy laws.

  • 43) We will conduct and assist with any investigations in relation to privacy breaches and, depending on the extent of the breach, consider any remedies available to us at law, contract or tort.
  • eDocs Portal User

  • 44) As an eDocs Portal user, it is important that you understand your responsibilities when using the eDocs Portal.

  • 45) You are responsible for:
    • a. ensuring all activities occurring under your eDocs Portal account are lawful and for authorised purposes;
    • b. ensuring the security and confidentiality of your account credentials, including passwords, is maintained and they are not disclosed or provided to any other person;
    • c. refusing access to your eDocs Portal user account by another user or individual;
    • d. ensuring you do not access another user’s eDocs Portal account, with or without their consent;
    • e. keeping the information you provide current, complete and accurate;
    • f. if your personal information changes, signing into your eDocs Portal account and updating your details, as a matter of importance;
    • g. reading and actioning your eDocs Portal notifications in a timely manner;
    • h. logging off from your eDocs Portal account and protected areas of the eDocs Portal; and
    • i. promptly reporting any suspicious or unauthorised conduct concerning your account.

  • 46) We will not be responsible for any information inaccurately sent as a result of personal information not being updated in the eDocs Portal.

  • 47) If you have reason to believe that your personal information is at risk (either by direct or indirect breach), please contact us immediately at edocs.support@courts.vic.gov.au.
  • 48) As an eDocs Portal user, if your eDocs Portal account is breached and reasonable steps and precautions have not been taken by you to keep your personal information safe, you indemnify us from any consequence or legal liability.
  • 49) A breach in your eDocs Portal user responsibilities will result in your account access being suspended.

    Eligibility, suspension or termination

  • 50) To have an eDocs Portal user account, you must be a ‘natural person’.

  • 51) Being a ‘natural person’ means you are an individual human being, not a corporate entity, a robot, a software program and the like.

  • 52) To have an eDocs Portal account, it must be assigned to you by the senior representative or organisational administrator of your organisation.

  • 53) We may suspend or terminate your eDocs Portal account, at any time, without notice, for any of the following reasons:
    • a. your breach of the Agreement;
    • b. your breach in any applicable law, policy or subordinate legislative instrument;
    • c. your use of our services in a manner that would cause us legal liability;
    • d. your use of our services in a way that infringes upon a natural person’s rights or prevents them from using our services;
    • e. we determine, in our sole discretion, that you or a user from your organisation does not intend to, or is unable to, comply with the terms of the Agreement; or
    • f. account inactivity for a period of six months or more.

  • 54) In the event your account is suspended or terminated, the onus is on you to make alternative arrangements for the submission of documents to the Courts or Tribunal or any other purposes for which you would otherwise use our services.

  • 55) If your access to the eDocs Portal is suspended or terminated, all restrictions on you and all disclaimers, exclusions and limitations of liability set out in the Agreement will survive such suspension or termination.

  • 56) If you consider that your access to the eDocs Portal has been suspended or terminated incorrectly, please contact us by sending us an email at edocs.support@courts.vic.gov.au.

  • 57) If you wish to revoke any previous consent given to us in relation to this Agreement, you may do so by providing us with written notice, which may be given by email to edocs.support@courts.vic.gov.au.
  • Payments

  • 58) When using our services, in the event a lodgement fee is required, you will not be able to process that document until the fee is paid.

  • 59) We use third-party payment providers to process payments through the eDocs Portal.

  • 60) We do not make any representations, warranties or guarantees in relation to payments processed through the eDocs Portal.
  • Applicable law

  • 61) By accessing our services, you accept that any disputes are to be determined by the courts having jurisdiction in the State of Victoria pursuant to the laws of the State of Victoria (except any principle of conflict of laws inconsistent with this requirement).





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